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Highlands Ranch PPOFFICIALS ':~1tLLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer .GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chlef W.L. "BILL" CORDON, Police Chlef WAYNE G. CROOKSTON, JR., Attorney ROBERT D. CORRIE Mayor r•.ntiNru MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY 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 Planning & Zoning Commis>~ion, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: February 6 1996 TRANSMITTAL DATE: 1/18!96 HEARING DATE: 2/13196 REQUEST: Preliminary/ Plat for the Ranch Subdivision BY: The West ark Com an LOCATION OF PROPERTY OR PROJECT: East of S Locust f~rove Road. North of E. Victo Road West of outh ale Road JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z JIM SHEARER, P/Z GREG OSLUND, P/Z TIM HEPPER, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C -WALT MORROW, C/C GLENN BENTLEY, C/C -WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT -POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8- FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT fAHO POWER CO.(PRELIM 8~ FINAL PLAT) U.S. WEST(PRELIM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8 FINAL PLAT) BUREAU OF RECLp,MATION(PRELIM & FINAL PLAT) ,CITY FILES OTHER: YOUR CONCISE REMARKS: ~a ~`^`` ~=~ ~,'ri4x HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ~ «~~ .. b ut+sequent monthly meetings provided the necessary pfC+CedUre° ar,d dacumer,tatlon ar•e r eceived beZC+re ~:~~~ r. M.. 'rt,Ur'SdaV folk+wing the Flannir,g and Zoning Cornmisslor, aCt_~on. GENEF:AL ItaFGkMA T I~~D1 1. tdame of Anr,e:•cation and Subdivision. ~C~ Jl~llNl'1~i~; f ~y~~. 2. General Loca*_ion. (:l/(:L ~.~T (~il~l~il~ _ V }~ ~1~] ~~1 ~ !~ 3. Owners ai record. ~,~5~ ~t't-~e~ Ll~l ~~-~") /~Gfi~~'~'s nEt~UEST FUk SUBDIVISIGN AFPRGVAL FFiELIt9INAkY PLAT AND/GR FINAL FLAT F'LANNI;tU Attu ZGNING L"GMMISSIGTI TZML' T,=•~.LE FC~R :~UEhSI~~IO!•i: A re:;uest tc+r prc-1~mir,ary plat approval rnu,at be ;n +:,= ;=:it~,~ ~~lerKS pc+~sess,an r, c+ later than three days ioilowinr, the rec~uiar meeting c+s the Planning and Zoning Lornmiss~on. 'The t'lanning ar,d Zc+r,ir,g Commi~sior, will hear the request at _ _ ..._... _ ,,.c•e _::r, ~o1lc,wing ",e ,+,c:,~,. t„e request wa made. Ai ter a prox+osal enters the process it may be acted u~:~on a± Address, ~ `,~ /~,,, ,Zip Telephone ,~ ~ f ~ . Applicant . 1 l EQ V~[PS'~OGLf k W - Address , ~ ~ ~7px, •~~ ~~2L~l~t e~y(~ ~~'` ~+. ~r,4lneGr,~.'J _ ~~,(~~~ Firm ~ .J . ~ ~~ 1 ~C ~S Address~~Q7~p ~ . JCiI'~f~ • ~~ ,Gip ~7~J~Telephone '~~7 t+. Name and address to receive City billings: Narne S ~~l_.!J ~~._, Addrese Telephone d~~"%~~~~ PkELIi'IltaAkY FLAT CHE~:hLIS'T: 1. acres ~~~.~~ ~. Number of lots Subdivision Features - ~ ~ 3. Lots per acre 3,~ `/ ~. Density per acre _~_3T 5. c:oninq Classi21cat1on i ~) "' ~O 1~~r, ~ fey o~F-~'; ~ ~ti 7 ~lf~QC~p,~l T ~~, hb~~ r ;? ~ ~ • ~~~~ F _ • _ 6. If the proposed subdivision ~.s outside the Meridian City Limits but within the jurisdictional .mile, what ~. th.e existing zoning classification Mostly mixed residential.. on: cc~~rehensive plan with some single family designation. 7. Does the plat border a potential green belt Yes°Ridenbaugh canal.- 8. Nave recreational easements been provided fortes-subject t"A_ Ldampa/Meridian license agreement. 9. Are there proposed recreational amenities to the City Yes Ex p 1 a i n A 4.9 acre parcel is set aside for an elemenfa~- school and park. (Combined with adjoining development~r .I~5=1 acre s~T 10. Are there proposed dedications of common areas? Yes Ex p 1 a i n Bicycle ..paths , walkways and greenbelts . For future parks? Yes Explain '~'~ neighborhood parks:. Mary McP erson, e z , . 11. What school (s) service ~ the area Meridian High do you . propose any agreements for future school sites Yes Ex p 1 a i n A 4 : 9 acre portion of a 15 acre school/park on the:. North PmP~Y ~~ f~cs the Sa. e o ~ . gyres ~s `f~if,~.Sckaa/ 12. Other proposed amenities to the City Water upply~`~~ ~/~il~ ~--C.o'ire Department S/tom 4~6e~P..fc,~.y~c.~~le~~~sr sc~-"°-f _ , Explain_ ,~ ~e 13. Type or Building (Residential, Commercial, Industria.l~or combination) Residential 14. `.Type of Dwelling(s) Single Family, Duplexes, Multiplexes,- - other Single family, 15. Proposed Development features: ~v a. Minimum square footage of lot (s) , ~ Q~ ~/ IQ~~~ b. Minimum square footage of structure (s) _ ~-fO ~ 7~4 c. Are garages provides for, ~ nar minSquare footage 400 single fc d. Are other coverings provided for _ ____, e. Landscaping has been provided for Yes , Describe-parks . eenbelt areas entrances full landscaped. Minim:un requirements for' ~=- single family home landscaping required by homeowners an y eve opera. (2) . ~s K:~~. ~;~x ,. .~ .. - _ H 1 • • f. Trees will be -provided for Yes Trees will be maintained Homeowners association . Each homier _will also . be required to meet a minim~un tree planting rerauirement_ g. Sprinkler systems are provided for c~.,1( ~-svuKlrryt. a..~ec~, ` Pressurized irrigation for haneowner~~ II -~ h. Are there multiple units Yes Type'TO(.(7YIY1~f 5P 5= ; remarks ~7 /~f'f'2GLaP.~ T Gty~LG~o;nt,PiS i. Are there special set back requirements No Explain j. Has off street parking been provided for Yes ,.Explain' . Driveways and garages in single family areas. k. Value range of property, ~fSUlop~ _ 2SC~~000 1. Type of financing for aevelopment Rank m. Protective covenants were submitted Yes , Date_ JCLYj. ~', ~~~~ 16. Does the proposal land lock other property No Does it create Enclaves_yPS 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 conf ormance with the City of Meridian' Comprehensive Plan. 3. Development will connect to City services. ~. Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. 6. Street names must not conflict with City. grid system. (3> Meridian City Council ~- January 7, 1997 Page 5 boundary of the property, any further discussion? Hearing none, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #2: TABLED DECEMBER 17, 1996: REQUEST FOR ANNEXATION AND ZONING FOR HIGHLANDS RANCH SUBDIVISION BY GEM PARK II PARTNERSHIP: Corrie: Council, I think this is more of a house keeping thing here. Morrow. Mr. Mayor, if I might at our last meeting according to my notes and a copy of the minutes the item was to bring this onto the agenda so that we could grant the withdrawal as requested by Gem Park II for Highlands ranch by Gem Park II. That is what we are attempting to do tonight with this item being on the agenda. I would then move that we withdraw the Highlands Ranch Subdivision by Gem Park II from the City agenda. Tolsma: Second Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma to withdraw the request for annexation and zoning from further agendas, any further discussion? Hearing none, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #3: AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR NEW/USED RV SALES/SERVICE FACILITY BY ZAMZOWS: Corrie: All of the members of Council have the amended findings. Morrow. 1 do Mr. Mayor, I have react the amended findings and I am in agreement with the amended findings to the extent, in terms of it asks that the whole parking lot be paved, as I remember our discussion at our last Council meeting we had talked about requiring the approaches and driveways only being paved. The reason for that was is there is an upcoming road construction improvement project to Franklin, East First and Meridian Roads that would impact this parcel of property. So it was my understanding that at least from my perspective we were not going to require pavement and or landscaping along Meridian, only to be tom out and redone a year or 1 S months from now. My thought was that, I think it was Mr. Rountree in that conversation mention that it made sense to do the approaches and driveways only and then do a dust abatement or dust control on the remaining portion of the iot. These findings do not reflect that, I won't be supportive of these findings for that reason. It seems to me that it makes sense to discuss those things in the findings perhaps grant it to pave the approaches MERIDIAN CITY COUNCIL MEETING: January 7 1997 APPLICANT: Gem Park II Partnership ITEM NUMBER; 2 REQUEST• Request for annexation and zoning for Highlands Ranch AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: ~~ 9~ Q/ CENTRAL DISTRICT HEALTH: ~ ~ )t~ ~ ~ r NAMPA MERIDIAN IRRIGATION: u " li ~~ SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: ~~ ~~ ~S C'~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. • Meridian City Council - December 17, 1996 Page 44 without breaching our agreement we maybe could do creative things with that. Corrie: Plus we can get 2 ACRD Commissioners to look at it our way. Okay we will give you some our feed back as quickly as you can members get back with him and I think we need to follow up Walt's suggestion with the City Attorney to make some. inquiries. Does this agree with the Council? Rountree: I have one question for Gary, what kind of time line are you on comments on this, I would like to have it go before the Parks and Recreation Commission, our next meeting is scheduled for I believe the 20th of January, is that too long? Morrow: (Inaudible) Smith: That would probably be alright Councilman, I just received the engineering agreement along with this letter and they have proceeded to do some topog work out there so we can get an idea of where we are on fill, how much more material we need. They did that just on the basis that I told them their agreement was approved. But we haven't signed ofF on it yet. I would like, I definitely want some input and need some input on this thing so we get something done that we start designing something that is acceptable to everybody at least from a majority standpoint... It is not going to be unanimous. Bentley: Gary, have you heard anything on that dirt yet? Smith: No I haven't, I talked to Tim again after you were in the last time and he was going to try and run somebody down and see what was going on with it. Rountree: One other; could you get me either from Tim or some way ten reduced plan sheets or whatever, xerox copies. Smith: Can do, thank you. Corrie: Shari Stiles? Stiles: Mr. Mayor and Council, I lust had one item, Highlands Ranch, did you get that letter in your box any of you, askir~~ to withdraw that. The problem is that it was last on the agenda on February 20th and it was tabled until April 16 but I don't think it has ever been on the agenda since that February meeting, do we need to put that back on the agenda for the next meeting to officially withdraw it or can we do it without? Crookston: It would be appropriate to put it on the agenda and take action on it when it comes up. ** TX CONFIRMAT~ REPORT ** AS OF JAN 06 '~~34 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM 29 01/06 08 31 3452950 MODE MIN/SEC PGS CMD# STATUS EC--S 02'55" 008 247 OK q ~n ~, ~ ~ U MERIDIAN CITY COUNCIL MEETING:_, January 7 1997 APPLICANT: Ed Bews ITEM NUMBER; 7 REQUEST• Request for a vacation of Farmington Estates No 2 slat and streets G- G/~ENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: COMMENTS Minutes from 12-10-46 See Attached Comments "Reviewed" See Attached Comments ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: See Attached Comments NAMPA MERIDIAN IRRIGATION: See Attached Comments SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. OFFICIALS HUB OF TREASURE VALLEY A Good Place to Live WILLIAM G. BERG, Jr., Clty Clerk JANICELr~ASS,CityTreaaurer G.cRY 0. SMITH. P.E. Clty Enpinesr CITY OF MERIDIAN BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFf, waste water soot. 33 EAST IDAHO DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES. P s z Adm. IvIERIDIAIV, IDAHO 83642 KENNETH W. BOWERS, FlreChlef "BILL" GORDON, Police Chief L W Phone (208) 888433 • FAX (208) 887-4813 . . WAYNE G. CROOKSTON, JR., Attorney Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor FACSIMILE COVER SHEET COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT 0. CORRIE WALT W. MORROW P 6 Z COMMISSION JIM JOHNSON. Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER TO: FAX NUMBER: ~8 g~ ~~¢~ DATE: /~ ~ ~~ ~~ DELIVER TO: ~~~ ~~~~`~°~ TITLE/DEPARTMENT: ADDRESS: CONFIDENTIAL: YES NO TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET): -3 FROM: CITY OF MERIDIAN - FAX NUMBER (208) 887-4813 NAME: ~/sl~ ~~~ TITLE/DEPARTMENT COMMENTS: D i- ~~a~u ~ Go-rz c.~,-,,~~~ ~~¢,w PLEASE CALL US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS SUCCESSFULLY. (208) 888-4433 • r 2-405 I MODIFICATION OR AMENDMENT OF APPLICATION IN PROCESS 1. Notice of hearing not mailed: If notice of hearing has not been mailed or published, the applicant may make such changes as the applicant deems appropriate. The original schedule of hearings, however, may not be capable of being met. No additional fees shall be required. 2. Notice of hearing mailed: If notice of hearing has been mailed or published and the applicant desires to amend, modify, or alter the application or any of the included designs, improvements, drawings, specifications, etc., the applicant shall first discuss the change with the Zoning Administrator. If, in the sole discretion of the Zoning Administrator, the changes do not substantially affect the interests of those persons entitled to notice by mail, the Zoning Administrator may allow the changes to be made without requiring that the application be refiled and re-noticed. Alterations, amendments, or modifications that increase the amount of land or change the zoning district, the use of the property, the density, increase the impact of surrounding property, etc., shall be considered as substantial changes -39- and shall require the application to be refiled and re-noticed. If the application does not need to be refiled or re-noticed, no additional filing fees shall be required. If the application is required to be re-noticed, additional fees for re-mailing and republication shall be required. If the application is required to be refiled, an additional filing fee may be required. 2-405 J MODIFICATION OR AMENDMENT OF APPROVED APPLICATION OR USE All applications for amendment, alteration or modification of an approved application or use shall be treated as an initial application and must be processed in the same fashion and under the same procedures as an initial application. (Ord. 592, 11-17-92) -40- ** TX CONFIRMA~ REPORT ** 1 AS OF JAN 25 '9:21 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM 12 01/25 17:19 208 888 9946 OFFlCIAI.9 WIt1JAM G. BERG. Jr„ Gh CMfk JANICE L GABS. Clh TN~wrar GARY D.6MITH, P.E Clty Ee0lneer BRUCE D. 9TUART, Weer Worke Su01. JOHN T. SNAWCROFT, Waste WONT Su01. OENN19 J. SUMMERS. Peon SePI. SNARI & STILES, P 6 Z Adm. KENNETH W.80WERS, Fire Cnlel W.l, "BILL" GOROON. Po11Ce CNeI WAYNE O. CROOKSTON. JR., Attorney MODE MIN/SEC PGS CMD# STATUS G3--S 01'49" 003 182 OK XUBOFTRFASUREVALLEY COI,NaLMFM ERs A Good Place to Live RoNALO R, TotsMA MAX YERRINOTON CITY QF MERIDIAN ROBERT0.CORRIE WALT W. MOggOW P A Z C~MISSIpN 33 F q5T IDAHO JIM JONNSON, CIIWfR~en I~RIDIAN, IDAH083642 MoEauaANl Phone (I08) 888-1433 • FAX (208) 887813 JIY SNEAKER ~"~~ HE nEFREE Public Works/Buildin8 Department (20~ 887-221 ! n GRAM P. KlNGSFORD Mayor FACSIMILE COVER SHEET TO: FAX NUMBER: 88g~ ~~¢~ DATE: /- ~ S- ~6 DELIVER TO:_ ~`~~e~ ~~`ZhSo~ TITLE/DEPARTMENT: ADDRESS: CONFIDENTIAL: YES NO TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET): -3 FROM: CITY OF MERIDIAN - FAX NUMBER (208) 887-4813 NAME:. ~/i!~ ~h9 TITLEIDEPARTMENT: COMMENTS:_ ~~aJ2 CJu-~ ~~~~ ~ C' 88~' ¢'¢~ / d.PC.'~,~.., . PLEASE CALL US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS SUCCESSFULLY. (208) 888433 NOTICE OF HEARING • NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian,ldaho, at the hour of 7:30 p.m., on February 13, 1996, for the purpose of reviewing and considering the Application of The Westpark Co., for a Preliminary Plat for approximately 180.9 acres of land located in the S 1 /2 of Section 20, T.3N, R.1 E, Boise Meridian, Ada County, Idaho, and which property is generally located between S. Locust Grove and Eagle Road, north of Victory Road. Applicant requests preliminary plat approval of the parcel of land above described for 416 single family lots, 1 Limited Office lot, 27 attached town houses for The Ranch Subdivision. Amore particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 25th day of January,1996. WILLIAM G. BERG, JR., ERK s • ... Meridian Planning & Zoning Commission December 10, 1996 Page 8 Johnson: We have a motion on the floor to table this to our February meeting which is February 11, and some discussion prior to the vote. Oslund: t think that on item one we should go ahead and direct the attorney to prepare findings of fact whether they are already prepared or not, that way we will have something to act on the January meeting and not wait until February. Because right now we don't even know that if we may go to February and then find out we don't have any findings and then we need to order them and then we are into March and so I think we need Shearer: (inaudible) we don't have any findings when they research why we can have them done from January to February. Oslund: Your motion was to table to February so we won't even be looking at it in January. So I am saying whether they are prepared right now or not but in January let's look at the findings and consider the findings. Then make a determination at that point. Johnson: Any further discussion, all those in favor? Opposed? MOTION CARRIED: All Yea Johnson: What we need to do is review the information that we have already had prepared between now and our next meeting. Let's do that, that is what you are saying. Oslund: (Inaudible) Borup: If there were findings we will have that or maybe the minutes of the last meeting where anything (inaudible) Johnson: So we will update ourselves and pefiaps you can give me a call on that Wayne if it is incomplete or whatever. I want to welcome Boy Scout Tn~op #180 here this evening, I have no idea why you are here. Is this part of a merit badge thing? Good, this is not your tax dollars at work, we are all volunteers here, City Council, that is your tax dollars at work. That is when you want to be critical. ITEM #3: TABLED NOVEMBER 12, 1996: PRELIMINARY FOR THE RANCH SUBDIVISION. BY THE WESTPARK COMPANY: ITEM #4: TABLED NOVEMBER 12, 1996: CONDITIONAL USE PERMIT FOR THE RANCH SUBDIVISION BY THE WESTPARK COMPANY: Johnson: We have a letter from the applicant withdrawing the application. 1 need a motion • Meridian Planning & Zoning Commission December 10, 1996 Page 9 I guess to that effect to make it official. Shearer: I so move Borup: Second Johnson: We have a motion and a second, all those in favor? Opposed? MOTION CARRIED: All Yea Borup: I just had a question on his regt~st (inaudible) Johnson: City Council can handle the money issue. ITEM #5: TABLED NOVEMBER 12, 1996: CONDITIONAL USE PERMIT FOR A KARATE CLASS BY BRAD & DEBBIE MILLER: Johnson: Has there been any additional information on this given to staff? Stiles: Besides the letter? Johnson: If there is a letter I don't have a letter on file. Stiles: They had talked to Dean and were supposed to be providing a letter which basically just said there is already another company that is in that building. But I haven't seen it yet. Johnson: What would you suggest we do, I am not really in favor of tabling this every month either. What is the letter going to say? Stiles: It is going to say they are not continuing with the conditional use permit because there is already somebody else as a tenant in the building. Johnson: Who is going to originate the letter? Stiles: Brad or Debbie Miller Johnson: Not the owner of the property? Stiles: No he wasn't the applicant. Johnson: We don't have the letter? • Meridian Planning & Zoning Commission November 12, 1996 Page 2 Johnson: I would like to make sure the representatives for items 3 and 4 are not here first. Is there anyone here representing the applicant or the applicant for items 3 and 4 which is Westpark Company, the Ranch Subdivision, anyone here for that? Crookston: Since those are not, since those were not called, 1 and 2 were called at the same time that is the matter that you are dealing with now. I don't think it is appropriate to take action on items 3 and 4 at this time. Johnson: thank you, we will just handle 1 and 2 then. Would you restate your motion please Mr. Oslund? Oslund: I withdraw my motion and restate it to table items 1 and 2. Johnson: For what date, for what date certain, how long? Oslund: We have been tabling them for 2 to 3 months but we have been carrying them. I don't know that it has any advantage to it anymore than the next meeting, the December meeting. Johnson: We have December 10 in there that would our next meeting, Do we have a second to the motion? Shearer: I second it. Johnson: Any discussion regarding that? We have a motion to table these items to our next regularly scheduled meeting on December 10, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #3: TABLED OCTOBER 8, 1996: PRELIMINARY PLAT FOR THE RANCH SUBDIVISION BY THE WESTPARK COMPANY: ITEM #4: TABLED OCTOBER 8, 1996: CONDITIONAL USE PERMIT FOR THE RANCH SUBDIVISION BY THE WESTPARK COMPANY: Shearer: Mr. Chairman, I move we table these until the December meeting. Oslund: Second Johnson: Any discussion, we have a motion and a second. I have a question of the City Attorney, with these items that we are onntinually tabling, I know I can't remember anything • Meridian Planning & Zoning Commission November 12, 1996 Page 3 that was said about these items and I would have to review the notes and I am sure that probably applies to most of you. Is there a point Wayne when these really need to be considered as being resubmitted? How long does this process go on? Crookston: They are applications in standing until you take action to remove them from the agenda which you can do at any time. MacCoy: There is no length of time like one year? Crookston: There is no length of time on how long they last in our ordinance. Johnson: Can you tell me when these items came to Planning and Zoning either one of them? Crookston: I would have to say that it had to have been some time in (inaudible) Johnson: We can look it up, I just thought that you had the information. Oslund: I have a question for Wayne, it has been so long on the Ranch and they have changed it so many times the conditional use, do we have findings on whatever their last idea was? Crookston: Mr. Oslund, I have the same problem you have, I don't recall where we are at in he formal process for those applications. Johnson: Let's do this prior to our next meeting then, can we get that information and have it in our boxes and have consideration for pefiaps removing these items from the agenda when we find out the circumstances and the length of time and what action has been take on these the last six months or so. To my knowledge nothing new has come in. Crookston: I will supply that to the Commissioners. Oslund: I have one more question, when you say action do you mean the action would be removing it from the agenda or the action would be a recommendation to Council to disapprove of the application? Crookston: Excuse me Mr. Oslund, this has never happened before so I am not exactly sure how we handle it. But I believe that the Commission can take action to just remove it but I think that I can supply that information with the status of the applications. Shearer. I think somebody ought to contact the people involved. in these and see what their • Meridian Planning & Zoning Commission November 12, 1996 Page 4 situation is and tell them that we are planning on removing them from the agenda. I don't think we ought to just do it without even talking to anybody. Crookston: I think that is appropriate. Johnson: I believe in making that effort but I also think there is an obligation on the part of the applicant to keep us informed as well. Borup: Mr. Chairman, I have a question also, would it be possible to table an item for say six months then if the applicant came in and wanted to proceed ahead to put it at the next available time on the agenda? Johnson: I know we have tabled items for more than a month, but I don't know the answer to the other question. Crookston: You can table it to a time certain I believe any place on the calendar that you desire it. It does somewhat have to be reasonable. What I am saying is you can't table it for 20 years. Borup: I guess what I was getting at was we could table it for six months and they come in at two months and wanted to get back on the agenda would that be possible without having to keep doing this every month? Crookston: I think that is a reasonable approach. Borup: Not necessarily on these but maybe on future things too (inaudible). Oslund: That is what I was getting at. There were some and these were probably the ones that we table for two or three months a# a time. We went three meetings out but we are still seeing it on the agenda even though they were tabled for three months. Johnson: It is not fair to the people that have been noticed, they come to these meetings and nothing happens. So I think we need to do some research on that Wayne. You say it has never happened before, you mean I am sure that it has never happened before here. There must be some history somewhere at some planning and Zoning Commission where it has happened. If we could put our hands on that I would like to have some precedent before that. Okay, we kind of beat that to death, did we ever get to the vote? (Inaudible) All those in favor? Opposed? MOTION CARRIED: All Yea ,. • MERIDIAN PLANNING & ZONING COMMISSION OCTOBER 8 1996 The regular meeting of the Meridian Planning and Zoning Commission was called to order by Chairman Jim Johnson at 7:30 P.M.: MEMBERS PRESENT: Keith Borup; Jim Shearer: MEMBERS ABSENT: Greg Oslund, Malcolm MacCoy: OTHER PRESENT: Will Berg, Wayne Crookston, Gary Smith, Shari Stiles, Dick Williams, Phit Barber, Chris Beeson, Wayne Forrey, Steve Sweet, Dennis Butterfield, Dana Cowan: MINUTES OF PREVIOUS MEETING HELD SEPTEMBER 16, 1996: Johnson: You have read the minutes, are there any additions, corrections or deletions? If there are none I will entertain a motion for approval. Shearer: I move we approve the minutes. Borup: Second Johnson: We have a motion and a second to approve the minutes as written, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #1: .TABLED AUGUST 13, 1996: PRELIMINARY PLAT FOR THE RANCH SUBDIVISION BY THE WESTPARK COMPANY: ITEM #2: TABLED AUGUST 13, 1996: CONDITIONAL USE PERMIT FOR THE RANCH SUBDIVISION BY THE WESTPARK COMPANY: Johnson: It is my understanding that we haven't anything new on this, no correspondence or additions is that ~~ght staff? Stiles: Chairman Johnson and Commissioners I did receive a phone call today from one of the applicants and they requested a meeting for Thursday to talk about the development. I really don't know what their plans are at this time. Johnson: In other words they are still alive right? Stiles: I guess in a manner of speaking yes. Johnson: What would your pleasure be on this? (` • Meridian Planning & Zoning Commission October 8, 1996 Page 2 Shearer: Mr. Chairman, I move that we table items 1 and 2 until the next regular meeting November 12. Borup: Second Johnson: Its moved and seconded that we table items 1 and 2 until our next meeting November 12, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #3: TABLED SEPTEMBER 16, 1996: REQUEST FOR A CONDITIONAL USE PERMIT FOR KARATE CLASSES BY BRAD AND DEBBIE MILLER: Johnson: It is my understanding that this application is all but dead is that correct? Stiles: Yes Johnson: Is there anyone here representing item #3? If we table this we need to table it to a date certain. We have no formal withdrawal but some action has taken place which leads us to believe this is not a five issue anymore. Shearer: Mr. Chairman, I move we table until the next regular meeting (inaudible). Borup: I think (inaudible) can we just remove it from the agenda until and let them make a reapplication? Johnson: We have a motion with no second, so it is going to die for lack of a second. So you can make a new motion. Shearer: If we do that though they will have to pay another fea-and everything if they decide to go ahead, right? Crookston: That is correct. Shearer: I would prefer to table it in case they are (inaudible). Borup: Mr. Chairman, I think Shari has a comment. Stiles: The indication from the owner of the property is he has verbally stated he is not going to continue with it. The applicants themselves have not asked for a withdrawal. The Idaho Business Review did have a business filing for that address as a company called • MERIDIAN PLANNING & ZONING COMMISSION MEETING: December 10 1996 APPLICANT: THE WESTPARK COMPANY AGENDA ITEM NUMBER: 3 8 4 REQUEST; REQUEST FOR PRELIMINARY PLAT AND CONDITIONAL USE PERMIT FOR THE RANCH AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS ~w dra ~i~"~` s ~ ~h o~ ~~r~ aVP~~ca OTHER: All Materials presented at public meetings shall become property of the City of Meridian. • • GEM PARK 11 PARTNERSHIP An Idaho Partnership P.O. Box 344, Meridian, ID 83642 (208) 888-9946 5 December 1996 Ms. Shari Stiles City of Meridian 33 E. Idaho Street Meridian, ID 83642 REcE~vED oEC o s ~sss ~~' ~ ~NERIOIAI-f Re: Ranch Subdivision by Gem Park II (Annexation, Preliminary Plat and Conditional Use Application) Dear Shari, This is a request to withdraw all applications related to The Ranch Subdivision project. Based upon the difficulties and confusions which. have transpired due to revisions of the master plan, we believe your recommendation to withdraw the project a~xi re~bmit is the best approach. We have retained Briggs Engineering (Becky Bowcutt) to develop a new master plan incorporating agency comments and suggestions. We believe this approach. will provide a plan that will be favorable to all parties involved. . Since $8,386.32 was previously paid with the original applications, would the City consider granting credit to a new application. We understand a new application will require. public notice, legal notice and attamey's fees for findings of fact and conclusion of law and we are willing to pay those costs. Could the City please consider this request for reduction in application fees. Sincerely, Gr ohnson President, The Westpark Company, Ina (Managing Partner) MERIDIAN PLANNING & ZONING COMMISSION AUGUST 13, 1996 The regular meeting of the Meridian Planning and Zoning Commission was called to order by Chairman Jim Johnson at 7:30 P.M.: MEMBERS PRESENT: Keith Borup, Greg Oslund, Malcolm MacCoy: MEMBERS ABSENT: Jim Shearer: OTHERS PRESENT: Will Berg, Wayne Crookston, Gary Smith, Shari Stiles, Richard Williams, Rodney Truax, Charles Horel, Ridc Valla, Howard Foley, Bob Henbest, Ted Hanson, Dan and Angie Duncan, Darlene LaPizza, Doug Tamura, Billy Ray Strite, John Jackson, Steve Brown, Marty Seager, Dennis Nelson, Karen Gallagher, Sharon Christianson, George Kiler, Janet Butterfield, Kent Brown, Ann Brown,. Brad Miller, Wes Weast, Pete Rockwell, Corey Grant, Charles Eddy, Tony Drost, Charles Eddy: Johnson: The first item on the agenda is I would like to recognize an individual that has contributed his time on a volunteer basis for the past 7 1/2 years and has resigned from our commission to become more involved in his business and his father's business and that is Tim Hepper. If Tim , if you would come up at this time I would like to present you with this certificate for your service to the City of Meridian for the past 71/2 years. MINUTES OF PREVIOUS MEETING HELD JULY 9, 1996: Johnson: Are there any additions, deletions or corrections to these minutes? MacCoy: I have a question here, was Tim here, do you recall? We show him down the way here being absent. Johnson: Thank you Malcolm, anyone else? No other changes then I would entertain a motion for approval of the minutes as written. MacCoy: Mr. Chairman, I recommend the approval of the Planning and Zoning minutes for last meeting. Oslund: Second Johnson: Moved and seconded we approve the minutes as written with the correction stated by Commission MacCoy, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #1: TABLED JULY 9, 1996: PRELIMINARY PLAT FOR THE RANCH SUBDIVISION BY THE WESTPARK COMPANY: Meridian Planning & Zoning Commission August 13, 1996 Page 2 ITEM #2: TABLED JULY 9, 1996: CONDITIONAL USE PERMIT FOR THE RANCH SUBDIVISION BY THE WESTPARK COMPANY: Johnson: Has there been any additional information submitted to staff on these applications? Does staff have any comments? Smith: No additional information has been submitted to Public Works Department Mr. Chairman. Stiles: Mr. Chairman, the only information 1 had was a telephone conversation with the applicant that indicated he was working on acquisition of some other properties and would be coming in with a new plan but I have not seen anything in writing or had any additional information submitted. Johnson: Thank you very much, what would you like to do with these two items gentlemen? Oslund: Mr. Chairman, I move that we table items 1 and 2 until the October meeting, regularly scheduled October meeting. MacCoy: Second Johnson: We have a motion and a second to table these items to a date certain of October 8, 1996, items 1 and 2, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #3: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REZONE REQUEST BY KELLE WATKINS AND DOUG STEWART: Johnson: You have the findings before you, is there any discussion regarding these findings of fact and conclusions of law? ~_ Oslund: 1 had a question on page 6, under section 15, the last sentence there, it says that the applicant was told to his cut off coming out of the particular lot, it appears that sentence is a bit jumbled, I was wondering if anybody knew exactly what that meant. Johnson: Mr. Crookston, can you enlighten Mr. Oslund? Crookston: That was a statement by Mr. Longden, I agree that it is a little bit difficult what he was trying to state but that is what he stated. I had a problem with that myself but I put Meridian Planning & Zoning Commission July 9, 1996 Page 2 MacCoy: Second Johnson: We have a motion to table the item for four months to a date certain which would be November 12, 1996, is there any discussion or questions regarding the motion? Hearing none then, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #2: TABLED JUNE 11, 1996: PRELIMINARY PLAT FOR PACKARD SUBDIVISION NO. 2 BY PNE/EDMONDS CONSTRUCTION: Johnson: Item 2 requires the same motion if we want to do the same thing. We can't do one without the other. Oslund: I make a motion that this item be tabled to the next regularly scheduled meeting. MacCoy: Second Oslund: Discussion, this one was, when was this originally tabled two months ago? As I recall they did a pretty substantial rework on the proposal and scaled down the proposal quite a bit. Johnson: On the plat? Oslund: The Ranch. Johnson: No, we are not into the Ranch we are on item 2. Ostund: Well then I withdraw my motion, and I will make that motion all over again. 1 am sorry, on item #2 I would like "o table that one for 4 months just like the original mo+;on. MacCoy: Second - - = Johnson: A motion and a second to table item #2 until November 12, 1996, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #3: TABLED JUNE 11, 1996: REQUEST FOR A PRELIMINARY PLAT FOR THE RANCH SUBDIVISION BY THE WESTPARK COMPANY: ~ ~ Meridian Planning & Zoning Commission July 9, 1996 Page 3 - ITEM #4: TABLED JUNE 11, 1996:" REQUEST FOR A CONDITIONAL USE PERMIT FOR THE RANCH SUBDIVISION BY THE WESTPARK COMPANY: Oslund: I move that item 3 and 4 be tabled to the next regularly scheduled meeting. MacCoy: Second Johnson: We have a motion and a second that we table items 3 and 4 until August 13, date certain our next regularly scheduled meeting for Planning and Zoning, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT REQUEST FOR RETAIL SALE OF ALCOHOL BY DWAYNE WINN: Johnson: Any discussion or questions regarding the findings of fact as prepared by the City Attorney? I have a question on page 5, excuse me its item 5 on page 6. The comment regarding no mixed drinks are allowed, I am confused. Crookston: Mr. Chairman, that is a those seven items on page 6 in paragraph 7 or excuse me they are actually part of number 15, those seven items are a quote from the items submitted by Central District Health Department. I don't know why they stated that. Johnson: Well I wonder if there is another connotation there, I am not, if you have a bar and a liquor license I would assume you would want to sell a mixed drink once in awhile. Since you don't know we can go on and put that as a question mark. Are there any other changes or questions regarding the findings of fact and conclusions. Oslund: Mr. Chairman, I move that the Meridian Planning and Zoning Commi~~ion hereby adopt and approves these findings of fact and conclusions. --- MacCoy: Second Johnson: We have a motion and a second to approve the findings of fact as prepared by the City Attorney, this is a roll call vote. ROLL CALL VOTE: Hepper -Absent, Oslund -Yea, Shearer -Yea, MacCoy -Yea MOTION CARRIED: All Yea ~ ~ MERIDIAN PLANNING & ZONING COMMISSION MAY 14. 1996 The regular meeting of the Meridian Planning 8~ Zoning Commission was called to order by Chairman Jim Johnson at 7:30 P.M.: MEMBERS PRESENT: Tim Hepper, Greg Oslund, Jim Shearer, Malcolm MacCoy: OTHERS PRESENT: Wayne Crookston, Gary Smith, Shari Stiles, Anna Doty, Carla Olson, Don and Greg Crow, Roen Wilson, John Shipley, Stephen Sherer, Berton Spencer, Patty Reed, Becky Notari, Elmora and Rod Johnson, Craig Bissell, Diane Boyd, Brian Iverson, Mike Caven, Richard Johnson, Lamont Kouba, Karen Gallagher, Becky Bowcutt, Jerry Cobbler, Helen Cobler, .Dale Ownby, Bob Daugherty, Rick Zamzow: MINUTES OF PREVIOUS MEETING HELD APRIL 9, 1996: Johnson: Are there any additions, deletions or corrections to these minutes? MacCoy: Mr. Chairman, I make a motion that we approve the minutes of the previous meeting of April 9. Hepper: Second Johnson: It is moved and seconded that we approve the minutes as prepared, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #1: TABLED APRIL 9, 1996: REQUEST FOR A PRELIMINARY PLAT FOR THE RANCH SUBDIVISION BY WESTPARK COMPANY: Johnson: This is a preliminary plat. Crookston: It was tabled because we had not received Ada County Highway District's comments. Johnson: Right, it was tabled according to the minutes by Commissioner Oslund until our next meeting until we have time to consider more information and received some information that we had asked for. ACHD specifically we hadn't heard from. Oslund: Mr. Chairman, I had a chance to discuss this issue with Dave Schplitz over at ACRD, my concern was the developer was showing on their application what amounted to a culdesac it was highly irregular and really not a culdesac at all. It resulted in very small frontages, 30 foot wide, 35 feet wide. Apparently, what I gathered from Dave that whole area, ACRD required that they rework the design in that whole area and he did send a fax and from what I have seen it satisfies by concerns. They put in a full culdesac with Meridian Planning & Zoning Commission May 14, 1996 Page 2 a landscaped island. Johnson: You say they sent a fax who sent the fax? Oslund: Dave Schplitz at ACHD. Apparently the Johnson: I don't have a copy of that fax do you have a copy of it? Oslund: Not with me it is at my office. Johnson: Did he send it to the City or did he send it to you? Oslund: He sent it to me, I work with Dave on other issues and I brought it up. He did say that the ACRD Commission has acted on it and has approved that. Gallagher: Mr. Chairman and Commissioners we have not r{ cou rece vedte'n opieslof with only the west half of this development. I understand tha y the plat, the revised plat. None of which have made t nd the~e have been some'rev lions we are working with the developer to and I unders and we are not even aware of what revisions hav kinkeatpat thislpoint n tme also the design compared to just this half that we are loo g culdesac that we are looking at we did address that whe are working on aeev led taffic don't know what it looks like at this point in-time. So w study if that is needed. We sent the letter over to Will and that might not ha of the plat over, it might be in the mail at this point in time, stating that once we get a copy the electronic disk of that and if we need a revised t k n c at any ,rev s ons that would affect comments onto you. So 1 am not sure if we are loo g Y what you are acting on tonight. Our preference wouldo ook at t and to commefnt onothe be that you table it until we have had the chance revised plan. Johnson: Thank you Karen, any questions of Karen Gallagher? Thank you, Oslund: Mr. Chairman, I move that we table this item until the next regularly scheduled meeting which is June 11. MacCoy: Second Johnson: It has been moved and seconded that we to slat niswh ch iisOJune 11r 1996, a I plat for The Ranch Subdivision until our next regular m 9 those in favor? Opposed? • Meridian Planning & Zoning Commission May 14, 1996 Page 3 MOTION CARRIED: All Yea ITEM #2: TABLED APRIL 9, 1996: REQUEST FOR A CONDITIONAL USE PERMIT FOR THE RANCH SUBDIVISION BY WESTPARK COMPANY: slund: Mr. Chairman, I move that we table this item as well to the June 11th meeting. O MacCoy: Second Johnson: It has been moved and seconded to table this item also until the June .11th meeting, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #3: TABLED APRIL 9, 1996: FINDINGS.OF FACT TNZ N BOARDING/LODG NG FOR CONDITIONAL US KgRENIFORREY: SENIOR CI COMPLEX BY WAYNE & Johnson: We do have the findings and facts as preps end ny s of fa1ct? There areta'couple is there any discussion, any comments regarding the f g of small typographical errors, page 2, paragraph, it iil Ws ~ us un~e there any other paragraph number 17, second sentence, should say an a corrections? These findings of fact and conclusionso osuaWemental'letter submitt d somewhat confusing and there has been an additional pp by the City Attorney as well. Whether or not you haveresented by the CityaAttomey, two received today I don't know. There are some options p specifically that we could act on. It might be best that w nso What would youol ke to'do ~ the City Council, that might be one of your considerate Hepper: Mr. Chairman, I move the Meridian Planning & Zoning Commission hereby adopts and approves these findings of fact. MacCoy: Second Johnson: We have a motion for approval of the facts as prepared by Commissioner, seconded by Commission MacCoy, this is a roll call vote. ROLL CALL VOTE: Hepper -Yea, Oslund -Yea, Shearer -Yea, MacCoy -Yea MOTION CARRIED: All Yea Meridian Planning & Zoning Commission May 14, 1996 Page 3 MOTION CARRIED: All Yea ITEM #2: TABLED APRIL 9, 1996: REQUEST FOR A CONDITIONAL USE PERMIT FOR THE RANCH SUBDIVISION BY WESTPARK COMPANY: Oslund: Mr. Chairman, I move that we table this item as well to the June 11th meeting. MacCoy: Second Johnson: It has been moved and seconded to table this item also until the June 11th meeting, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #3: TABLED APRIL 9, 1996: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR A SENIOR CITIZEN BOARDING/LODGING COMPLEX BY WAYNE & KAREN FORREY: Johnson: We do have the findings and facts as prepared by our City Attorney at this time, is there any discussion, any comments regarding the findings of fact? There are a couple of small typographical errors, page 2, paragraph, it is just a punctuation. Page 25, paragraph number 17, second sentence, should say an allowed use. Are there any other corrections? These findings of fact and conclusions of law are quite lengthy and somewhat confusing and there has been an additional or supplemental letter submitted by the City Attorney as well. Whether or not you have had time to read that since it was received today I don't know. There are some options presented by the City Attorney, two specifically that we could act on. It might be best that we move this forward to the City to the City Council, that might be one of your considerations. What would you like to do? Hepper: Mr. Chairman, I move the Meridian Planning & Zoning Commission hereby adopts and approves these findings of fact. MacCoy: Second Johnson: We have a motion for approval of the facts as prepared by Commissioner, seconded by Commission MacCoy, this is a roll call vote. ROLL CALL VOTE: Hepper -Yea, Oslund -Yea, Shearer -Yea, MacCoy -Yea MOTION CARRIED: All Yea M t Meridian Planning & Zoning Commission April 9, 1996 Page 2 do so, it has been deferred to a date certain which is May 14, our next meeting. ITEM #1: TABLED MARCH 12, 1996: REQUEST FOR PRELIMINARY PLAT FOR THE RANCH SUBDIVISION BY WESTPARK COMPANY: Johnson: This had been tabled at the applicant's request in March. It is my understanding that we received a plat on Thursday the 4th which was brought back on April the 5th. Apparently there was an item missing.. At this point we still do not have to my knowledge ACHD comments or the requested traffic study. Do any of the Commissioners have any comments regarding this preliminary plat? Oslund: I have a couple, first I would just throw off the suggestion or possible suggestion there that because this application has changed as dramatically as it has that possibly we might want to open it back up to the public. That aside I had a couple of my own comments, let me get to those here. We were given some information about quite a few things, architectural standards and fencing and so on. I was interested in what a two pole split rail open fence was, what you had in mind. It referred to a picture but our stuff is kind of dark, the copy is I can't really see it. Speaking to the applicant on that. Johnson: What is your other question if you have just two and maybe we can handle all of these at one time. Oslund: The question about sidewalks, you say tlSat, or the applicant says that they would be providing not, they would not be providing sidewalks on both sides of the streets at all locations because the feeling is that the pathway that is included in the development would serve the purpose of some of the sidewalks. So I haven't seen anything in my package that indicates where the sidewalks would be. The third would be non-circular turnarounds, there is a turn around near the entrance that I am wondering about and I will just kind of go over these. But I think we really need to look at the plat that you might have to give us a little clarity on this. The fourth item I had is you show some floor plans of some house models but earlier in this information package you provided you say that all of the lots would be available to individual builders. So I am wondering if these really have any relevance can we, is it likely that we would be seeing these same kinds of floor plans or are these just something the applicant would actually build or is this something that is going to be required of all builders in the development. I think that was number four. Then my last one, there is an open space area in the northeast comer near the Nine Mile Canal, and you state in your information package that is provided for the use and benefit of the subdivision, that is the way I read it anyway. I guess I am wondering how they are going to get the benefit out of it, at least what I am seeing there doesn't seem to be any access to it across the canal from the development. So, those are the five questions that I had. .~ ' • Meridian Planning & Zoning Commission April 9, 1996 Page 3 Johnson: I could add to that that perhaps is there really any reason for this to be a PUD anymore since the project has been substantially- changed and down sized since its original submission. What special circumstances are existing that this should be a PUD. Does anyone else have any other comments and then we will ask the applicant to respond if the applicant is here and willing. Okay, is the applicant here or a representative? Is this a continued public hearing, does he need to be sworn again? Crookston: I don't recall, I would imagine that we did. Wayne Forrey, 3045 Thayen Place, Boise, was sworn by the City Attorney. Forrey: Mr. Chairman and members of the Commission, Greg Johnson is here tonight he is the owner and President of Westpark Company, Greg and I are both going to address some of these questions. I missed question number 3, but I wrote down 1, 2, 4 , 5 and 6. Johnson: Well the 3 had to do with the turn around that Mr. Commissioner Oslund was questioning. Forrey: The photograph of the fence was supplied to the City in a colored photograph. I don't know how it photocopied but if you are aware of the fence in Crossroads Subdivision that is the photograph of the fence in Crossroads Subdivision. It is two rail split rail fence, it is at the back of the lots bordering the common area. The sidewalk is shown on the colored rendering that we provided to the City. Do you have that, is it in the City file? Could we look at that because it does show, it answers questions 2 and 5. Johnson: Was it in this packet? Forrey: No, it is rolled it is a large colored rendering, full size, 24 by 36 inch. Johnson: Apparently it is not in our file. Forrey: It has the open space colored, the pathway colored, the fence colored. Johnson:. Why don't you proceed with what you can address and we will see if we can come up with that. Forrey: The colored rendering shows where there is going to be chain link fence, six foot high cedar fence, and the two rail split rail fence. tt also shows access and gates into the Nine Mile Drain, open space which was question #5. It shows the five foot asphalt pathway where it is actually going to be developed which was question #2. It shows it going into all through the open space and providing circulation through the open space. Which turn • Meridian Planning & Zoning Commission April 9, 1996 Page 4 around was question #3? Oslund: Block 1 provides access to Lots 2, 3, 4, 5, 6, right at the entrance. Forrey: Yes, it is anon-circular turn around. Oslund: That is correct. Forrey: That question is, is that an approved design? Oslund: Well I guess my concern about a design like that is if you have got that open space that you have to, for lack of a better term you have an open field of pavement that is close to 120 feet long and probably 60 feet wide. I wonder how you then you have got at least 4 properties gaining access at'that point. I am wondering how you are going to channel traffic, I don't know how you are controlling traffic at that point carrying people from just kind of randomly entering the street. Forrey: JJ Howard Engineers designed that with communication with ACHD. Our preference would be to put a landscape island to help define the main roadway and help define turning into that eyebrow if you will. The Highway district, I don't know what the standard is, but evidently JJ Howard Engineers has ~ would1belto put Vat andscape Bland is the design they came up with. Again our prefere in there. Oslund: So you are saying that ACHD has approved this? Forrey: Well it is my understanding they have. (Inaudible) Forrey: Greg Johnson mentioned that probably was that design was a concern over maintenance getting maintenance vehicles in the ord Hance callslforda style.IThatis tthe floor plans, those are samples floor plans, and th style of building, we addressed that in the written submittal but staff also wanted to see some sample type floor plans and elevation drawings of homes that could be built. So those are samples. I am not saying that those three would be built at every 3 or 4 or 5th lot but those are building plans that are now under construction in Sportsman Pointe that Greg's company is familiar with and will probably use. Those lots will also be available to other builders and they also have floor plans that they work with. So that is an example of styles that will likely be built along with the color schemes we provided sample colors. • Meridian Planning & Zoning Commission April 9, 1996 Page 5 Oslund: So the homes that actually get built may bear no resemblance to what you provided? Forrey: That is possible, .but they will be in that similar style. The covenants, conditions and restrictions which we submitted is a lot of detail on what constitutes the style and the percentage of brick and the type of roof and the type of siding, windows and all of those things. So it gives you very good confidence in the type of homes that will ultimately be there. Question #6, the city's ordinance encourages and asks developers to consider PUD. In fact the ordinance says in effect we would rather have a PUD than a straight subdivision. And so yes there has been some modifications here but the modifications came as the result of City direction to us. The City said we still want the open space, but we want you to scale the project down. We want bigger lots in some areas, the City didn't particularly like some of the town homes, the attached residential so those have been eliminated. So I hope you wouldn't consider it a substantial change that we would have to go back to public hearings. All of these changes came as a result of the public hearings and we have met those concerns. We hope you will approve this so we can get onto City Council. Oslund: Getting back to question I had about the fence then, the reason that I asked that is because I was wondering what you intend to do with the fence, all the fences adjacent to block 4, lot 61, from the material you provided us, I believe that what you are saying is that all of that fence would be the split rail type is that true? Forrey: That is correct, If you look on this colored drawing you will see a brown line and it shows where all of that two rail fence is. Can you see the brown line in there? Hepper: Would the lots adjacent to that two rail split rail fence be restricted into providing their own fence. If somebody wanted to put up a cedar fence to keep a dog in the back yard would they be allowed to do that or would they be prevented from that? Forrey: They would be prevented from that, it is in the CC&R's to protect that open space and the visual look of it and feel. That is why the developer will put in that fence and those lots would be restricted. Oslund: Could they put in a little privacy fence closer to the home around a patio or something like that? Forrey: I will let Greg answer that, I didn't see that in the CC&R's. Greg Johnson, 2433 Can-Ada Road, was sworn by the City Attorney. • Meridian Planning & Zoning Commission April 9, 1996 Page 6 G. Johnson: It is our intent to allow these people to fence a private patio but the exterior portion of it, the idea is to let them look- across that landscape. We will have lots, if a particular person wants to fence his yard in the ordinary traditional manner on the lot line with the solid fence, there are many lots in the subdivision that would accommodate that. But hopefully there will be enough buyers that maybe don't have a lot of pets or they have children but they want them to be able to go out into the play areas and be able to look across those play areas and that is what we are designing to accommodate there. Oslund: You were going to at the same time with this drawing talk about that portion of land at the northeast corner. G. Johnson: This park does have an access off of this culdesac there is a paved path designed to carry people up to the access road along the canal. The canal itself will be fenced with a chain link fence. If the Nampa Meridian will allow a gate here they will be allowed to go through that gate and walk along the Ridenbaugh Canal to that access road. But their access to that area is through a foot path coming off of that culdesac. That is, Nine Mile Drain at that point is nothing more than a slight suppression that it collects drainage (inaudible) It is not a huge ditch by any means. There will be a walk path with a culvert over it at that area. Our intention is to grade that drain and probably line it with river rock if we can get Nampa Meridian's approval. It is about 18 inches to two feet deep and if it was sloped with river rock it would be a nice amenity and wouldn't have to be covered at that point. That whole area picks up quite a bit of water seeping through the canal is raised about 10 feet at that point so there is water, it is quite wet and marshy in that area. So it will grow good grass it keeps the grass wet and we need a way of picking up that water so it doesn't cause a problem in the building areas. So we would like to retain that drain there in an open configuration so that water can escape. As Nine Mile Drain continues when it gets down into the middle of the project. it becomes a fairly large drain at that point and then continues to the north. Hepper: Would the area between the drain and Ridenbaugh Canal designated at the common area would that be landscaped or sodded or anything? G. Johnson: Our intention is to, it currently is raising grass in this pasture area. Our intent with that is to mow it and use it as ball fields, children would be able to play baseball there and other things. It has a gentle slope to it from the canal down to the drain area. But our intent in that particular area is not hide development There are some clusters of marsh we intend to leave that as kind of wetlands and let the ducks and geese continue to nest there. So it is more kind of an area of quiet peaceful walking and hopefully the Ridenbaugh access can be used and people can walk along there and enjoy a nice summer walk. The areas over in the middle of the Subdivision will cor~ain a soccer field and there are fort type things and hopefully the children, the teenagers and that type of thing will play in • ! Meridian Planning & Zoning Commission April 9, 1996 Page 7 those areas and concentrate their activities there. Hepper: What is lot 19 right in the middle of the project in the front there, coming off of Victory Road, the big lot just to the .east? G. Johnson: That is an existing residence, it has a home and some horse barns behind it. That would continue to be a large tract of ground with a residence on it. Hepper: Okay Johnson: Any further questions of Greg? Oslund: I am still troubled with that square culdesac, I just don't see the logic in (inaudible 60 feet by 120 feet of open pavement with no control of vehicles. I just don't understand how that is going to operate in any kind of organized way, it is is going to be a free for all. am not ACRD. G.Johnson: Our original design has that as a culdesac with a landscape island and we would be glad to do it as that if we can get it approved by the Highway District. Oslund: I have no more. Johnson: Anyone else that has any comments? (Inaudible) ACRD comments on this, we haven't received them. Forrey: We are surprised by that, we thought you would by now, you should have. Johnson: Not on this submission because this is different, is that correct staff? Nothing new that we have received. G. Johnson: Our tech review with ACRD did include other portions but their comments on this part are no difference then they have been. The one thing that they did request is a secondary access out onto Victory, we have (Inaudible) Originally we had submitted with access up here (inaudible) secondary access and there will also be a third access to the north as that subdivision to the north of us develops. But that was ACHD's major concern with this portion of the project was one access out onto Victory until the other subdivisions complied Their other alternative to that is to widen this entrance and make that entrance a limited access road for a portion of it in order to provide adequate access with one entrance. Johnson: (Inaudible) anyone from the public that would like to address this application on ~~. • • Meridian Planning & Zoning Commission April 9, 1996 Page 8 the preliminary plat? Any additional comments or questions? Hepper: Mr. Chairman, I had a question. of Shari Stiles, Shari, on the open areas and common areas that are designated as right of ways, the open area up to the northeast goes to the center line of the Ridenbaugh Canal and then there is a maintenance road and then there is the Nine Mile Drain. Over on the west side there is also the Eight Mile Lateral of which the property line goes down the centerline of the lateral. Would those areas be designated as a percentage of the common area? Stiles: Commissioner Hepper and Commissioners, I believe that is a decision for the Commission and the Council as to whether those are suitable areas. I would also ask that you look at storm water retention areas as being suitable open space areas. Hepper:, Is there a definition of open space that has to be usable for play ground or walking paths or anything like that? Is it just visually an open area? Stiles: There is a definition, I couldn't quote it to you right now but I could get that for you from the ordinance. Johnson: Does anyone else have any comments? I will close the public hearing at this time. What is your pleasure, we are acting on a preliminary plat so it does not require findings of fact and conclusions of law, only a recommendation. Oslund: Mr. Chairman, I move that we table this item until the next regularly scheduled meeting in May until we have time to consider some information that we have asked for. Johnson: Could you be more specific on the information? Oslund: I would like to hear in a little more spec detail what ACRD has to say about our friendly square culdesac and also this issue of open space. If we could have a chance to review our definition, the City's definition of open space to see that in fact these do, these areas do meet.those criteria. (Inaudible) was about the storm water detention area, do we have any estimate of what, how much, how often that is going to be inundated if at all with storm water and make it unusable. Johnson: It is a little difficult to incorporate a question into a motion. Oslund: Do you want me to back up? Johnson: Yes I would appreciate it for clarity. I think. you should restate your motion. • Meridian Planning & Zoning Commission April 9, 1996 Page 9 Oslund: That is as clear as I could do it Jim, maybe I want to withdraw that and ask the applicant on that third question the specific one about storm water. Johnson: Do you have a question.for the. applicant? Oslund: Yes G. Johnson: This is a preliminary plat and we typically do not do our final designs until we get into final platting. That storm drainage will be similar in design and concept is very similar to the existing park and storm drainage system in Sportsman Pointe Subdivision. That particular storm drainage park is about 3 feet in elevation below the street grade and it hose berms around the side of it. It is designed so that the predevelopment flow flows into the Nine Mile Drain unrestricted. A major storm when that particular subdivision that happens to be an 18 inch pipe if a storm providing more water than that 18 inch pipe can discharge then water will bubble up out of the, grate into a small retention area. If that retention area gets full then it flows over into the volleyball court and the basket ball court. In the three years that has existed the basket ball court and the tennis court have not been flooded because of storm water. They have flooded because of broken sprinkler lines and a couple of other things but storm water has never gotten into them. Until we reach an agreement with Nampa Meridian Irrigation and Ada County Highway District as to predevelopment flows and actual sizes of those I can't answer that although it will be designed in a 3 stage system similar to that. But we do intend to use other than the first small area that would get wet in a small storm that will be more of a wet (inaudible) encouraging cat tails and fowl nesting in that small area. The other portion that we will use for sport courts and that would probably only be flooded maybe once a year or even less than that. So they are usable areas, our rationale in the other green belt areas that Mr. Hepper referred to in our opinion the walking using the access roads of Nampa Highway District as walk paths for jogging and just taking a stroll as a family or whatever you want to do in the evening those are open areas that can be used and they are kind of pleasant next to the water although they have to be screened from the subdivision for toddlers and other things so that, they don't have dangerous things there. The other thing is the City staff has requested that we always plat those areas separately from our lots anyway to avoid in the past homeowners if their tot is platted through like the Eight Mile Lateral or the Nine Mile Drain the tendency is that should be their land in their mind and they want to run fences down through it and we have tots of problems. We are better off to plat those as common homeowner owned parcels and in this plat we are suggesting that all of those areas will be separate lots owned by the homeowners association. Some of them will be highly usable by the homeowners others wilt be somewhat restricted because of their nature. But, if you look at the calculations on that we are way over our percentages of 10% common area in the subdivision and I think we are providing some very good amenities here to the homeowners there. 1• Meridian Planning & Zoning Commission April 9, 1996 Page 10 Crookston: Mr. Chairman, did you desire that to be on part of the public hearing, what Mr. Johnson just stated? Johnson: Yes, we want that as part of the record. Crookston: You need a motion to have the record open for that purpose. Johnson: Thank you, entertain a motion. Oslund: Okay let's try this again. Johnson: We need a motion to accept the testimony first since I closed the public hearing. Oslund: I make a motion that we accept the testimony as given of Greg Johnson. Hepper: Second Johnson: Moved and seconded that we accept the testimony as provided, all those in favor? Opposed? MOTION CARRIED: Alt Yea Oslund: I make a motion that we table this item until the next regularly scheduled meeting in May, pending the review comments of ACHD. Hepper: Second Johnson: Moved and seconded that we table this item until ACHD comments are received so it would be tabled until the May 14 meeting, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #2: TABLED MARCH 12, 1996: REQUEST FOR A CONDITIONAL USE PERMIT FOR THE RANCH SUBDIVISION BY WESTPARK COMPANY: Johnson: It would be inappropriate to act on that would it not Wayne? Crookston: That is correct. Oslund: Mr. Chairman, I move that we also table that item on the conditional use permit until the regularly scheduled meeting in May. • . Meridian Planning & Zoning Commission April 9, 1996 Page 10 Crookston: Mr. Chairman, did you desire that to be on part of the public hearing, what Mr. Johnson just stated? Johnson: Yes, we want that as part of the record. Crookston: You need a motion to have the record open for that purpose. Johnson: Thank you, entertain a motion. Oslund: Okay let's try this again. Johnson: We need a motion to accept the testimony first since I closed the public hearing. Oslund: I make a motion that we accept the testimony as given of Greg Johnson. Hepper: Second Johnson: Moved and seconded that we accept the testimony as provided, all those in favor? Opposed? MOTION CARRIED: All Yea Oslund: I make a motion that we table this item until the next regularly scheduled meeting in May, pending the review comments of ACRD. Hepper: Second Johnson: Moved and seconded that we table this item until ACHD comments are received so it would be tabled until the May 14 meeting, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #2: TABLED MARCH 12, 1996: REQUEST FOR A CONDITIONAL USE PERMIT FOR THE RANCH SUBDIVISION BY WESTPARK COMPANY: Johnson: It would be inappropriate to act on that would it not Wayne? Crookston: That is correct. Oslund: Mr. Chairman, I move that we also table that item on the conditional use permit until the regularly scheduled meeting in May. ~. 4 Meridian Planning & Zoning Commission April 9, 1996 Page 11 Hepper: Second Johnson: Moved and seconded we table item 2 as well, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #3: TABLED MARCH 12, 1996: REQUEST FOR A PRELIMINARY PLAT FOR PORKY PARK SUBDIVISION NO. 1 BY RON VAN AUKER: Johnson: It was tabled according to the minutes to receive comments from ACHD which we now have in our possession. Do you recall whether or not this was a public hearing that was left open or closed? I was not at that meeting. Crookston: It is a public hearing, excuse. me it was, I don't recall whether or not we continued that. Johnson: Well we start at page 44 in the minutes if you have those with you. According to the comments on page 50 it was closed at that time. Crookston: My notes indicate that it was closed. Oslund: My notes say that it was closed and that it was tabled pending ACHD comments. Johnson: In that regard then now that you have reviewed ACHD comments what is your discussion what are your comments regarding the requirements as set forth. Is there someone representing the applicant here this evening? Hepper: I guess we need to know if the applicant is willing to abide by these comments of ACRD if they have any problems. Johnson: Sounds logical to me, would the applicant like to address the Commission? Miller: Brad Miller, we met with ACRD and the requirements are fine. Johnson: Site specific as welt everything is alright, no problems? Miller: Yes, no problems. Johnson: I have to ask at least three times because sometimes people don't really understand what we are asking. Any comments regarding those ACHD comments from !~ the Commission? What is your pleasure? x, r ,: • Meridian Planning & Zoning Commission March 12, 1996 Page 7 ITEM #4: TABLED FEBRUARY 13, 1996; REQUEST FOR PRELIMINARY PLAT FOR THE RANCH SUBDIVISION BY WESTPARK COMPANY. Hepper: Do we have a representative of the applicant? Forney: Thank you Mr. Chairman, my name is Wayne Forney and Greg Johnson the owner of Westpark Company couldn't be here tonight and he asked me to hand deliver a letter to the Commission. It is a short letter, I would like to read it into the record. I have a copy for every commission member would that be alright? Thank you. I will read fast Mr. Chairman, it is addressed to the Meridian Planning and Zoning Commission. "Dear Commissioners, during the last 17 months we have been working very hard on the Ranch formerly known as Highlands Ranch Subdivision. This is a planned development community for the City of Meridian. Due to the many requirements by various government agencies a large portion of this project is no longer feasible to develop. The Westpark Company hereby withdraws the property east of the Ridenbaugh Canal to Eagle Road from the Ranch Subdivision annexation and platting request We have decided to continue platting the Ranch Subdivision as a planned development community for only the property which is west of the Ridenbaugh Canal to Locust Grove Road. This request will follow all planned development requirements and will follow the preliminary plat drawings you have already reviewed with very few minor changes. The minor changes include increasing lot sizes, eliminating the attached town homes and securing a second road access to Victory Road. 10% of the property will be in usable open space included as part of our planned development as required. We request that you table action on the Ranch Subdivision to your April 9, 1996 Planning and Zoning meeting so we can sit down with your staff some time during next week and review our plat drawing to make sure we have met all staff and City requirements. We ask that we be placed on your April 9, 1996 agenda for approval of our preliminary plat. By withdrawing property from our arxtexation and platting request we have been assured taking this action does not constitute submitting new applications to the City of Meridian. We plan to continue with our cnnrent applications with the provisions and understanding that we are withdrawing property from the total project. We look forward to working with you and your staff in the coming days. We also look forward to a recommendation for approval from the Planning and Zoning Commission at your April 9, 1996 Commission meeting. Thank you, Greg Johnson, Managing partner, Westpark." I would be happy to answer any questions that I can Commissioners. I hope this letter explains and you can understand east and west of the Ridenbaugh Canal. Hepper: Any questions? Crookston: Do you know how this changes the proposed plat for the property that is west of the Ridenbaugh? ! ~ Meridian Planning & Zoning Commission March 12, 1996 Page 8 Forney: I do, I don't have a copy with me. I saw it this afternoon and I think it is generally, . you would agree it is an improvement. It is closer to the findings of fact and conclusions of law that were prepared at the annexation stage in that there are larger lots, no attached residential. We don't have the benefit of Gary Smith's input, Shari Stiles' input so we thought the best thing to do was to table it and sit down with staff and let everyone have a good look at that prior to your next meeting. I have a copy in my office but it is not yet finished from the engineering firm. I know there .are still things that need to be placed on that plat. Crookston: It may require an additional public hearing on that. Forney: I understand, we were hoping it wouldn't constitute a totally new application and a new fee that we could continue the same file so to speak. Crookston: I suppose until we see it the Commission won't know. Forney: I understand, thank you. Hepper: This is not a public hearing so I will entertain a motion. Oslund: Mr. Chairman I move we table this item until the next regular meeting in April which would be April 9. MacCoy: Second Hepper: Okay we have a motion by Commissioner Oslund to table to April 9, second by Commissioner MacCoy, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: TABLED FEBRUARY 13, 1996: REQUEST FOR A CONDITIONAL USE PERMIT FOR THE RANCH SUBDIVISION BY WESTPARK COMPANY: .Hepper: I would assume that number 5 would be the same thing. Oslund: I also make a motion for item #5 to table to the 9th of April. Shearer: Second Hepper: Okay we have a motion to table to the same date April 9th by Commissioner Oslund and second by Commissioner Shearer, all those in favor? Opposed? Meridian Planning & Zoning Commission March 12, 1996 Page 8 Forrey: I do, I don't have a copy with me. I saw it this afternoon and I think it is generally, . you would agree it is an improvement. It is closer to the findings of fact and conclusions of law that were prepared at the annexation stage in that there are larger lots, no attached residential. We don't have the benefit of Gary Smith's input, Shari Stiles' input so we thought the best thing to do was to .table it and sit down with staff and let everyone have a good look at that prior to your next meeting. 1 have a copy in my office but it is not yet finished from. the engineering firm. I know there_are still things that need to be placed on that plat. Crookston: It may require an additional public hearing on that. Forrey: I understand, we were hoping it wouldn't constitute a totally new application and a new fee that we could continue the same file so to speak. Crookston: I suppose until we see it the Commission won't know. Forrey: I understand, thank you. Hepper: This is not a public hearing so I will entertain a motion. Oslund: Mr. Chairman I move we table this item until the next regular meeting in April which would be April 9. MacCoy: Second Hepper: Okay we have a motion by Commissioner Oslund to table to April 9, second by Commissioner MacCoy, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: TABLED FEBRUARY 13, 1996: REQUEST FOR A CONDITIONAL USE PERMIT FOR THE RANCH SUBDIVISION BY WESTPARK COMPANY: Hepper: I would assume that number 5 would be the same thing. Oslund: I also make a motion for item #5 to table to the 9th of April. Shearer: Second Hepper: Okay we have a motion to table to the same date April 9th by Commissioner Oslund and second by Commissioner Shearer, all those in favor? Opposed? • Meridian Planning & Zoning Commission March 12, 1996 Page 9 MOTION CARRIED: All Yea ITEM #6: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REQUEST FOR A VACATION OF EASEMENT BY ROGER ANDERSON: Hepper: We have the findings of fact are. there any corrections, additions or deletions? MacCoy: I make a motion that the Meridian City Planning and Zoning Commission hereby adopts and approves~these findings. Oslund: Second Hepper: We have a motion by Commissioner MacCoy and seconded by Commissioner Oslund to approve the findings of fact, roll call vote. ROLL CALL VOTE: Oslund -Yea, Shearer -Yea, MacCoy -Yea MOTION CARRIED: All Yea Hepper: Do we have a decision or recommendation? Oslund: Mr. Chairman 1 move that the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the vacation of the sewer and water easement at 75 W. Taylor Street. Shearer: Second Hepper: It has been moved by Commissioner Oslund, second by Commissioner Shearer to approve the decision and recommendation, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #7: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REQUEST FOR A CONDITIONAL USE PERMIT FOR A GROUP DAY CARE BY ANGELA MILLER: Hepper: We have got the, was there a revised copy? Crookston: There was, I made some minor changes, but the findings were totally reproduced. Hepper: I don't believe I have a revised copy. Does anybody have any discussion, • oc~no JAMES E. BRUCE, President SHERRY R. HUBER, Vice President SUSAN S. EASTLAKE, Secretary Will Berg City Clerk City of Meridian 33 Idaho Street Meridian ID 83642 RECEI'`I~ED M AY ~ ~ 1996 May 13 , 1996 CITY 0~ MERIDIAN RE: The Ranch Subdivision (formerly Highlands Ranch) Dear Will: ACRD has not received a copy of the modified preliminary plat from the applicant or the City of Meridian for The Ranch Subdivision that does not include the property on the east side of the Ridenbaugh Canal. A revised traffic study may be required for the modified preliminary plat. ACHD will notify the City of Meridian when the ACRD Commissioners have approved the modified preliminary plat. ACHD recommends that the City defer this item until ACHD has received and reviewed the modified preliminary plat, any revised traffic study that may be required and forwarded the ACRD Commissioner's conditions of approval to the City of Meridian. Please contact me at 345-7662, if you have additional questions. :oordinator RANCH.LEI cc: Greg Johnson Wayne Forrey Chron Project file ada county highway district 318 East 37th • Boise, Idaho 83714-6499 • Phone (208) 345-7680 ~ ~ MERIDIAN PLANNING & ZONING COMMISSION MEETING: MAY 14.1996 APPLICANT: W~STPARK COMPANY AGENDA ITEM NUMBER: 1 8~ 2 REQUEST: REQUEST FOR PRELIMINARY PLAT AND CONDITIONAL USE PERMIT FOR THE RANCH AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: ~) Materials presented at public meetings shall become property of the City of Meridian. • MERIDIAN PLANNING & ZONING COMMISSION MEETING: APRIL 9.1996 APPLICANT: WESTPARK COMPANY AGENDA ITEM NUMBER: 1 A 2 REQUEST: PRELIMINARY PLAT/CONDITIONAL USE PERMIT FOR THE RANCH SUBDMSION AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: II Materials presented at public meetings shall become property of the City of Meridian. WILLIAM G. BF_RG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Pollce Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM ~ HUB OF TREASURE VALLEY COUNCIL MEMBERS A Good Place to Live WALT W. MORROW, President CITY OF MERIDIAN RONALD R. TOLSMA EE C GLENN R. BENTLEY 33 EAST IDAHO MERIDIAN, IDAHO $3642 P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public WorksBuilding Department (208) 887-2211 TIM HEPPER Motor Vehicle/Drivets License (208) 888-4443 JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayor To: Planning & Zoning Commission Members From: Will Berg, City Clerk Date: April 5, 1996 `/~ RE: The Ranch Subdivision, Item # 2 & 3 on Agenda On April 5, 1996, Wayne Forrey brought in 12 copies of the revised preliminary plat for The Ranch Subdivision. We have not sent them out to the agencies for their review and comments. City staff may not have had sufficient time to review this revised. plat. • • Additional information pertaining to the "The Ranch Subdivision" Planned Development Residential request. Item No. 1 -Architectural Stvle and Building Design. The Ranch Subdivision will incorporate a Western style architectural theme using wood, stucco, brick, picket, split-rail and pole fencing plus outdoor porches. Some homes will be two story, but the majority of buildings will be one level. See attached drawings of typical home styles anticipated for "The Ranch Subdivision" in Item No. 10 of this document. It is important to note that lots within "The Ranch Subdivision" will be made available to and sold to individual contractors. Individual small-business home contractors will be able to construct a quality home in compliance with the subdivision covenants. This is a continuation of a very successful housing development system that is currently working well throughout Meridian subdivisions. Westpark Company or its affiliated companies may choose to construct homes within "The Ranch Subdivision", but the intent is to provide quality subdivision lots to the public and small business contractors so homes can be built in the free market in conformance with the subdivision covenants. The office building style proposed for Lot 1 Block 2 (zoned L-O) is a single story quality office building constructed of wood and brick with architectural glass and trims. See attached photos of an existing professional office building that is very similar to the style of building that Westpark anticipates for this location. Refer to Item No. 10 of this document. Item No. 2 -Building Materials and Color. "The Ranch Subdivision" will include a variety of Western Ranch theme building products to create a Western architectural style. There will be extensive use of wood, stucco, brick plus picket, split-rail and pole fencing. Outdoor porches will be incorporated as possible. Colors will be primarily earth tones to represent the Western Ranch heritage. Some exterior wood applications may be left natural to weather and provide a true Western color. Individual builders and lot purchasers/homeowners will be able to choose their house color ...but it must comply with the subdivision covenants. Please refer to previously submitted subdivision covenants and suggested color scheme in Item No. 10 of this document. Item No. 3 - Landsca ins. "The Ranch Subdivision" will be extensively landscaped. About fifteen percent (15%) of the subdivision is set aside for landscaped and natural open space. The landscape theme is Western and Ranch oriented. There will be liberal use of native shrubbery, grasses, flowers, bushes and trees. A professional landscape firm will maintain the landscaped areas to preserve the Western Ranch planting theme. Please refer to the colored rendering of the Preliminary Plat which depicts the landscape plan for the subdivision. Also, "The Ranch Subdivision" will utilize tree species that are listed with the Tree Selection Guide by the Boise Parks and Recreation Department. This tree listing is very comprehensive and • • provides good information on trees for the open space areas that are attractive, hardy, wildlife friendly, utility friendly, and adaptable to urban situations. The tree species list for "The Ranch Subdivision" is attached in Item No. 10 of this document. Item No. 4 -Screening. "The Ranch Subdivision" incorporates lots which are deeper than typical subdivision lots in Meridian. This extra rear yard space is an asset and complements the Western lifestyle and privacy needs of residents. The extra rear yard depth also provides additional screening space for landscaping which every homeowner usually plants in their back yard. Also, you can see on the landscape plan that a tree is planned to every joint lot line adjacent to the Lot 61 Block 4 common open space. This provides extra screening and beautification. "The Ranch Subdivision" will include three types of fencing in the project. The subdivision perimeter fence will be a six foot (6') high cedar fence for screening and privacy definition. The Preliminary Plat map shows the location of the 6' cedar fence. The fence along the Ridenbaugh Canal easement will be a six foot (6') high chain link fence, with non-climbable mesh fabric. A similar chain link fence will be installed along the Eight Mile Lateral easement. Both of these chain link fences are shown on the Preliminary Plat. A two pole, split-rail open fence will be constructed along the edge of the common open space, Lot 13 Block 8, Lot 31 Block 1, and Lot 61 Block 4, where the common open space abuts the residential lots within the subdivision. A brown line representing the location of the split-rail open space is shown in the Preliminary Plat. The 6' cedar, the 6' chain link and the split-rail open fence will be maintained by a professional landscape maintenance firm. See attached photos of fence style in Item No. 10 of this document. Item No. 5 -Garbage Areas. "The Ranch Subdivision" representatives have met with the owner of Meridian's Sanitary Service and a good understanding of garbage truck pick-up needs has resulted from these meetings. The Subdivision incorporates street-side garbage pick-up to make it convenient for residents and Sanitary Service personnel. Each residential home will have sufficient space at the front of the lot to place garbage cans out for pick up. This is the same garbage pick up system used in all new Meridian subdivisions. The Homeowners Association will provide trash can and trash pick-up in the open space Lot 61 Block 4 and open space Lot 13 Block 8 at locations as shown on the Preliminary Plat. Item No. 6 -Parking. "The Ranch Subdivision" incorporates off-street parking in the driveway of each home. The Homeowners Association will enforce the Community's Covenants, Conditions and Restrictions (CC & R's) to prevent unnecessary on-street parking. Auto parking will be developed on each Additional Information -Page 2 • • residential lot in accordance with the CC & R's. An adjacent property owner has expressed an interest in developing a public storage facility that will be available to residents of "The Ranch Subdivision". Separate parking will not be constructed in the open space areas as a way to encourage walking, jogging and bicycling use of the pathway system and open space. Item No. 7 -Open Space. "The Ranch Subdivision" incorporates nine point zero seven (9.07) acres of open space into the total subdivision which includes 56.42 acres. This amount of open space represents over fifteen percent (15%) of the 56.42 acre subdivision. The City of Meridian Zoning Ordinance requires at least ten percent (10%) open space to qualify for Planned Development. "The Ranch Subdivision" exceeds the required minimum and provides high quality open space with a diversity of uses. The intended use of each open space area is listed below. • Lot 30 Block 1 -Natural open space, pedestrian, bicycle and maintenance vehicle access along the existing Eight Mile Lateral access road. • Lot 31, 32 Block 1 -Landscaped open space, pedestrian and bicycle access between Locust Grove Road and Ketchum Drive. Five foot wide asphalt pathway shown on Preliminary Plat as magenta-colored dots constructed in Lot 31 for access. • Lot 1 Block 1, Lots 18 and 20 Block 7, Lot 29 Block 8 -Landscaped open space to define and beautify Victory Road and subdivision entrances. • Lot 61 Block 4 -Landscaped open space with permanent soccer goals installed at location as shown on Preliminary Plat. Five foot wide asphalt pathway constructed throughout the open space lot -- shown on Preliminary Plat as magenta-colored dots. Multi-use sport court to be constructed as part of the storm water retention area. Sport court is a hard surface play area that can be used for basketball, volleyball, tetherball, jump rope, jacks, hopscotch and similar outdoor games and activities. Sport courts are compatible with water detention facilities and recommended by Ada County Highway District. • Lot 13 Block 8 -Natural open space, mowed turf for open play. Five foot wide asphalt pathway constructed at location shown on Preliminary Plat as magenta-colored dots for access to Ridenbaugh Canal natural area. Item No. 8 -Variances. The Meridian Zoning Ordinance, section 9-607 encourages and allows variances to standard subdivision requirements as part of the Planned Development process. A separate variance request and public hearing is not required if the variances are part of the Planned Development proposal. Please refer to the Preliminary Plat. "The Ranch Subdivision" qualifies and declares variances to as follows: • Lots 3, 4, 5 and 6 Block 1 to have reduced lot frontages as shown on Plat. Additional Information -Page 3 • • Bull Trout Loop, Makay Loop, W. Shorthorn Court and Pilot Peak Loop to be constructed in a 42' ROW Typical Section as shown on Plat. All interior streets to be constructed with a 5' sidewalk on one side of street only as noted on Plat. Sidewalks on one side of street are requested as part of planned development design which includes developed pathway within open space areas. If City of Meridian requires sidewalks on both sides of streets, then the pathway within the open space is not needed and will not be constructed. • Minimum residential lot size of 6,000 square feet as shown on Plat. • Non-circular lot/traffic access bulbs at S. Simmental Street and E. Shorthorn Court as shown on Plat. Item No. 9 -Covenants. Westpark Company has previously submitted proposed sample Covenants Conditions and Restrictions (CC & R's) to the City of Meridian. Please review these covenants to see the quality criteria and guidelines planned for "The Ranch Subdivision". Item No. 10 -Attachments. The items referred to as attachments throughout the document are found on the following pages. Additional Information -Page 4 APR- 4-96 THU 1 S : 1 7 J~ H04JARD EMG I NEERa ~43~440574 PROPERTY DESCRIPTION FOR TH$ RANCH SUBDIVISION A parcel of land being a portion of the South 1/2 of Section 20, T.3N., R.1E., B.M., Ada County, Idaho, said .parcel being more particularly described as follows:, P.01 Commencing at the iron pin marking the corner common to Sections 19, 20, 29 and 30, T.3N., R.1E., B.M., Ada County, Idaho; thence, N.0°44'50"E. 1327.36 feet to an aluminum cap marking the South 1/16 Corner common to said Sections 19 and 20 said point being the REAL POINT OF BEGINNING; thence, 5.89°49'11"E. 2228.88 feet along the north line of the S 1/2 SW 1/4 of said Section 20 to the centerline of the Ridenbaugh Canal; thence along said centerline the following courses and distances: 5.20°43'05"E. 111.76 feet to a paint of curve; thence along a curve to the left 168.45 feet, said curve having a delta of 12°52'06", a radius of 750,00 feet, tangents of 84.58 feet and a long chord of 168.09 feet which bears S.27°09'08"E. to a point of tangent; thence, 5.33°35'11"E. 233.60 feet; thence, 5.52°22'11"E. 44.27 feet; thence leaving said centerline, S.0°25'48"W. 206.24 feet; thence, N.89°34'12'"w, 538.36 feet; thence, S.0°34'22"W. 657.14 feet. to the line common to said Sections 20 and 29; thence, N.89°34'12"W. 640.00 feet to the West 1/16 Corner common to said Sections 20 and 29; .thence continuing along said line, N.89°34'22"W. 3$8.90 feet to the centerline of the Eight Mile Lateral; thence along said centerline the following courses and distances: N.3°04'10"W. 319.40 feet to a point of curve; thence along a curve to the left 155.25 feet, said curve having a delta oP 74°07'42", a radius of 120.00 feet, tangents of 90.64 feet and a long chord of 144.65 feet which bears N.40°08'01"W. to a point of tangent; thence, N.77°11'52"W. 523.60 feet; thence, 5.89°22'14"W. 323.49 feet to the west line of said Section 20; thence, N.0°44'50"E. 792.41 feet to the REAL PAINT OF BEGINNING, said parcel containing 56.42 acres, mare or less. ~,E;6;S~kER.~ 241 '~ '^~ 3 E~~,SF 0 F ~ ~ Q4 ~ . 4~i - ~~ APR.- 3-9~ WED 15:54 ~J HOWARD ENGINEERS 2~4405~4 PROPERTY DESCRIFTION FOR PROPOSED L-0 ZONING FOR THE RANOH SUBDIVISION A parcel of land being a portion of the South 1/2 of Section 20, T.3N., R.1E., B.M., Ada County, Idaho, said parcel being more particularly described as follows: P.01 Commencing at the iron pin marking the corner common to Sections 19, 20, 29 and 30, T.3N., R.1E., B.M., Ada County, Idaho; thence, N.0°44'50"E. 534.95 feet along the line common to said Sections 19 and 20 to the REAL POINT OF BEGINNING; thence continuing along said line, N.0°44'50"E. 432.39 feet; thence, S.89°15'10"E. 45.00 feet to the west right-of-way of the Eight Mile Lateral; thence along said. right-of-way the following courses and distances; S.17°37'28"E. 73.76 feet to a paint of curve; thence along a curve to the right 144.86 feet, said curve having a delta of 11°41'24", a radius of 710.00 feet, tangents of 72.68 feet and a long chord of 144.61 feet which bears 5.11°46'46"E. to a point of tangent; thence, S.5°56'04"E. 127.30 feet to a point of curve; thence along a curve to the left 112.94 feet, said curve having a delta of 53°55'32", a radius of 120.00 feet, tangents of 61.04 feet and a long chord of 108.82 feet which bears S.32°53'50"E. to a point of ending of curve; thence, 5.89°22'14"W. 174.76 feet to the REAL POINT OF BEGINNING, said parcel containing 0.97 acres, mare or less. • • PROPERTY pESGRIPTION ~'OR PROPOSED R-4 ZONING FOR TH$ RANCH SUBbTVTSTON A parcel of land being a portion of the South 1/2 of Section 20, T.3N., R.1E., B.M., Ada County, Idaho, said parcel being mare particularly described as follows: Commencing at the iron pin marking the corner common to Sections 19, 20, 29 and 30, T.3N., R.1E., B.M., Ada County, Idaho; thence, N.0°44'50"E. 1327.36 feet to an aluminum cap marking the South 1/16 Corner common to said Sections 19 and 20 said point being the REAL PAINT OF BEGINNING; thence, S.89°49'11"E. 2228.88 feet along the north lzne of the S 1l2 SW 1/4 of said Section 20 to the centerline of the Ridenbaugh Canal; thence along said centerline the following courses and distances: S.20°43'05"E. 111.76 feet to a point of curve; thence along a curve to the left 168.45 feet, said curve having a delta of 12°52'06", a radius of 750.00 feet, tangents of 84.58 feet and a long chord of 168.09 feet which bears S.27°09'08"E. to a paint of tangent; thence, S.33°35'11"E. 233.60 feet; thence, S.52°22'11"E. 44.27 feet; thence leaving said centerline, S.0°25'48"W. 206.24 feet; thence, N.89°34'12"W. 538.36 feet; thence, S.0°34'22"W. 657.14 feet to the line common to said Sections 20 and 29; thence, N.89°34'12"W. 640.00 feet to the West 1/16 Corner common to said Sections 20 and 29; thence continuing along said line, N.$9°34'22"w. 388.90 feet to the centerline of the Eight Mile Lateral; thence along said centerline the following courses and distances: N.3°04'10"W. 319.40 feet to a point of curve; thence clang a curve to the left 155.25 feet, said curve having a delta of 74°07'42", a radius of 120.00 feet, tangents of 90.64 feet and a long chord of 144.65 feet which bears N.40°08'01"W. to a point of tangent; thence, N.77°11'52"W. 523.60 feet; thence, S.89°22'14"W. 148.73 feet to a point Of curve on the west right-of-way of said Eight Mile Lateral; thence along said right-af~way the following courses and distances; along a curve to the right 112.94 feet, said curve having a delta of 53°55'32", a radius of 120.00 feet, tangents of 61.04 feet and a Long chord of 108.82 feet which bears N.32°53'50"w. to a point of tangent; thence, N.5°56'04"W. 127.30 feet to a point of curve; thence along a curve to the left 144.86 feet, said curve having a delta of 11°41'24", a radius of 710.00 feet, tangents of 72.68 feet and a long chard of 144.61 feet which bears N.11°46'46"W. to a point of tangent; thence, N.17°37'2$"W. 73.7.6 feet; thence, N.89°15'10"w. 45.00 feet to the line common to said Sections 19 and 20; thence, N.0°44'54"E. 360.02 feet to the REAL POINT OF BEGINNING, said parcel containing 55. p,~lNEf~~ acres, more ar less . .~~ ~.~ L ~f f 0 F 1~ RE~~EIVED FRf~Ni 2083440574 • • .,add itiov~al ~eco-~w~ev~ded -CNee Sel ectio~s The following tables list additional trees which are attractive and hardy in suitable planting sites. More information concerning these species may be found in the Landscape Uses section of this guide or at a local nursery. Class I Broadleaf Trees -Range generally in height from 10 to 40 feet Tree Zone Characteristics Cherry, Higan Prunus subhir~Il 5-6 Another pink flowering species marketed in upright to weeping varieties. 'Pendula' is probably the most noteworthy weeping variety. Fast growth rate. d h Cherry, Oriental Prunus serrulata varieties 5-6 , ape Best known for profusion of pink flowers in late April. Vase-s columnar and weeping varieties may be found at local nurseries. Cherry, Yoshino Qlyn~~Lyedoensi~ 5-6 Boasts fragrant, white to pink flowers depending on variety selected. Fast growth to 30 feet with graceful, curving branches. Spectacular flowering. d' i ' Chokecherry, Common menus vi~iniana 3-6 s a Canada Re Attractive white flower bloom and edible red fruit. variety having leaves that turn from green to dark purple in the summer. d di h Dogwood, Kousa corpus kousa 5-6 sease t an An unusual but beautiful tree. Appears to be hardier, more droug tolerant than Flowering Dogwood (~. fl rid ). Magnificent white spring flowers. d Hawthorn, Douglas ~r~ ~~ ou_glasii 4.6 Native western tree that produces shiny, black fruit attractive to birds an small mammals. Pleasant white flowers appear in spring. ll i i f Hawthorn, English er~taeaus laeviga~t 5-6 y s usua ru t Showy red or white flowers (depending on variety), scarlet sparse on the tree. Several varieties available, see your local nursery. k d Hawthorn, Green rata gus virdis 5-G ar Attractive small tree with silvery bark that contrasts nicely with the green, glossy leaves. Usually available under the variety name 'Winter King'. Hawthorn, Lavalle rata gu x Iavallei 5.6 Small oval crowned tree having lustrous dark green leaves turning bronze/ red in autumn. White spring flowers give way to red-orange fruit in the fall. Hawthorn, Singleseed Cratag~us monogyna 5-6 Features rich green leaves, white flowers and small red fruit. Susceptible to fireblight and mites. Variety 'Stricta' is an excellent columnar selection. t h f Magnolia, Star Magnolia stellata 4.6 ragran Single specimen or accent plant. Multi-stemmed tree with 4 inc white flowers in March. Several varieties are grown. _ r S l Maple, Bigtooth Ar•Pr erandidentatum 4-6 uga ar to This slow growing tree is native to the Rocky Mountains. Simi Maple (A. caccharum), but smaller in stature. Good red/orange fall leaf color. The red color of d States it U h Maple, Rocky Mountain AcPr gabrum 3.6 . n e west Native to the mountain regions of the nort the winged seed and new twigs contrast beautifully with the green leaves. ht red fruit which f bri l d Mountain Ash, European S~rbus auc~~aria 4-6 g umps o c An upright to oval tree having white flowers an are eaten by birds. Not a true Ash, but a member of the Rose family. mall h thi i Plum, Purpleleaf Prunus cerasifera 5-6 s s s Attractive, dark purple foliage and light pink spring flowers distingu tree from others. Certain varieties are not cold-hardy in Idaho. An berries l k d d Serviceberry, Saskatoon Amelanchier alnifolia 5-6 . e purp ar Features white flowers, orange-yellow fall color an excellent landscape and wildlife/natural choice. Native to the Great Plains. Smoketree, Common cotinus coaay>;ria 5-6 Spreading, multi-stem habit. Usually used as a showcase plant but better suited for mass planting. Interesting and attractive 'smoke-like' flower structure. 46 ,~ddi+iov~al ~eGOw~l~rev~d ed Nee Set ectiov~s Class II Broadleaf Trees -Range generally in height from 40 to 60 feet Tree Zone Characteristics Birch, Water 4-6 Very cold hardy, clump form tree native to the west. Coppery brown bark is Betula occidentalis unique among birches. Slender branches droop, giving a graceful appearance. Buckeye, Yellow 4-fi Upright to oval crowned tree with leaf and flower characteristics similar Aesculus octandra to the horsechestnut. large, fruit bears no prickly spines. Ironwood 3-6 Very graceful pyramidal tree developing a more rounded crown in maturity. Leaf Q~ya vir>;iniana similar in appearance to American Elm. Few insect or disease problems. Maple, Black 4-6 Very similar in appearance to Sugar Maple, except that leaf tips tend to droop. Acer nigEum Reported to be more heat and drought tolerant than Sugar Maple. Maple, Sycamore 5-6 Oval to round-headed tree, similar to Norway Maple in overall form. Reported to Acer ~doRatanus be very salt tolerant. Species is adaptable to many environmental conditions. Oak, Sawtooth 5-6 This oak becomes established quite easily; supposedly adaptable to hot climates. Quercus acutissima Medium growth rate with an oval form. Good yellow fall color. Walnut, English 6 Medium-sized nut-producing tree. Fairly tolerant of poor soils. Limited cold luglans retzia hardiness. Nuts are edible. Tree may be toxic to other nearby plants. Class 111 Broadleaf Trees -Range generally in height from 60 to 100 feet Tree Zone Characteristics Hickory, Shagbark 4-6 Best known as the wood used to smoke meats. Compound leaves carry 5 dark rya ovata green leaflets. Sweet nut is edible. Bark strips off, giving a shaggy appearance. Oak, Shumard 5-6 Very similar to northern red oak. Fast growing, but requires well-drained, acidic Q,l~ercus shumardii soil; has a drought tolerant reputation. Good red autumn leaf color. Conifers • Range generally in height from 10 to more than 100 feet Tree Zone __Characteristics Cedar, Alaska Chamaecvoaris nootkatensis 5.6 Blue-green scale-like leaves arranged in flat sprays from drooping branchless. 'Pendula' is an attractive variety hardy in zone 6. Needs consistent moisture. Cedar, Eastern Red luninerus virginiana 3-6 Small, pyramidal shaped evergreen having soft, yellowish-green foliage. 'Cupressifolia' is among the better varieties available. Cedar, Western Red Ths~~ olicata 5-6 Large tree with drooping sprays of bright green, scale-like leaves turning bronze in winter. Traditionally used by some Native Americans for totem poles. Juniper, Chinese luniperus chinensis 4.6 'Hollywood' features slightly twisted branches. Leaves are scale-like and green to blue-green. Drought, heat and salt tolerant. Pine, Eastern White Pinus strobus 3-6 Tall, fast-growing tree native to northeastern U.S. Soft textured medium green needles in bundles of five. Avery beautiful evergreen tree. Pine, Himalayan Pinus wallichiana 5-6 Beautiful large tree with gracefully drooping, blue-green needles in bundles of five. Broad-headed with age, it also retains bottom branches. 47 • ~c~c~i+iov~al ~ecoJ'Y1J'Y1ev~c~ec~ Nee Se.l ec+it~v~s Tree Zone Characteristics Pine, Japanese Black Pinus thunbergjana 5-6 Excellent heat and drought tolerance and good salt-spray tolerance make this a tough pine for areas of Idaho. Known as a bonsai plant in Japan. Irregular form. Pine, Japanese White Pinus uarviflora 5-6 Graceful, fine-textured evergreen whose small stature makes it a choice tree for small places. Adaptable to most soils and quite salt tolerant. Pine, Lodgepole Pinus contorts 3-6 Dark green, twisted needles in bundles of two. Long, straight trunk led to frequent use by Native Americans for building tepees, hence 'Lodgepole' pine. Pine, Pinyon Pinus edulis 5-6 small, bushy evergreen pine with upright, spreading branches. Two-inch long needles held in bundles of two. Cones produce large, edible fruit. Pine, Western White Pinus monticola 3-6 This evergreen tree has soft textured needles and reaches 60-10% feet at maturity. This is Idaho's state tree. Spruce, Engelmann Picea engelmannii 3-6 Densely branched, spire-like growth to 100 feet. Best growth on moist, deep soil. A hardy Rocky Mountain native. N a+~ Ne by Quinn Rogers like nature, It's been good to me. From the lowest moss, To the tallest tree. hope to see its continued health, Give us beauty and leafy wealth. I've never been bit by a jungle vine, And I haven't been abused by a forest pine. In my opinion a briar, ~ Doesn't purposely snare. Violets aren't known, ~~~, For their vicious glare. ~~~- Cool green grass doesn't burn my feet, Nothing's intimidating about rolling fields of wheat. No crime has been committed, By a mountain brook. Walk in its frosty waters, And take a closer look. We continue to destroy, Our massive eco-system. In so many harmful ways, can't begin to list them. Let's make a helpful change, In destructful everyday ways. Notice how nature's grateful, And invariably repays. Is the air we breathe, And the water we consume. Not meager enough a payment, To merely give them roomi' 48 ASPEN HOMES " THE RETRIEVER " 1635 ~. FT __ __ -_ ~ " THE SL'NDANCE " NOOK a6. ~C MST. BEDROOM QBATH FAMIIY ROOM _ 1~%~~ Q ~~1 • j ,_-.~~ I~~i KITCHEN i-=. L ~-•r I i6 -- I DINING ROOM II InI O II g~.PRO6OM i~ U BATH II x10 I I i - BEDROOM 1~• IC` , i , ii -;~7 1 BEDROOM - II ~UTIIiTY II I i~x 106 LIVING ROOM i •I __~--- ao ^ GARAGE ZO " 22 I 1 1 ~ ~ ~ I I ASPEN HOMES INC. IC36 SCE FT 3c~ ,: ;. ,~4, ~: ;:. . . ~' • . - ~ ~- ~ :.~ u. ~'~ ~ , !~ y}sky flf'A~~ ASPEN HOMES " THE LABRADOR " ~ S„~.~,; `~ ~ ~t •~ '(i,~l;~'~~-,~I~~1'~fh~l~fl'111WI~~gihpl~gt~+~~u~(~r~n-utp'~ Iunlrtn~ „ l~lll: ('l:~,\~l'l: '~ ~ l l 1. ------ I BEDROOM i ~ ~~,~n~ DS ING ROOM MST. BEDROOM. I ~\ II 3 ~~ ~~Q IJ~ 'AMILT ROOM I~0,16~ _ r, KITCyEN I~xI BATH BAT `~ BEDROOM I iI ~ ~ ~I i ~ VTILIT IC~x I ~~ i I~ LIVING ROOM ~"~ ~ ~~ I~x I ~ GARAGE ?c~'r 2c'fl I , I ASPEN HOMES INC. 1440 SQ FT _~ _~ ~_ 2 U Z 2 F-- O w w w U O J U Z O m U Z W 0 W 2 U O J U • r; t r~~~ .; ,~ `-&. Lo ~o ~~ • ~~ ~~ - Q~ aZo tzo k ~~ r ~~ .. b .n" - i ~,- ,' ' K' 1 l~ ' '.',~~ ~' f~~/ .~ ~~ s e ' ' l,G, } It{ f~ ~. ~~~ Q r: ' L~ ~ ~: `~, N ~. '~ ~ ~w ~I W N Q ,~ `~ ~ `~~, ~ ~ ~ Z Q Q J U 0 ~I z N ~_ m N Z w w ~ 2 c`ti f-- a ~ y N ~ Z s ~ ~ H ~ U ~ ~ ~ rn N o' w O Z Q N z O z ~- O ° U ~ ~ ~ ~ I. Z Q Z ~ W L O o =~ ~~ ~ ~o 0~,~ z•'~ p ~m .~ ~ • ~, Q ~ ~ ~ V Q ~ w E~ ~ •~ `~ ~ z o LJJ Q C N N ~ V Q :... N pp U ~ ~ C U Q r ~ U ;~ MASTER DECLARATION OF ~E~~Eo .APR 0 5 199 CITY C)F ME171[7iA~t DRAFT COVENANTS. CONDITIONS AND RESTRICTION FOR THE RANCH SUBDIVISION THIS MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE RANCH SUBDIVISION is made effective as of the day of 1996, by The Westpark Company, Inc. ("Grantor" and "Class B Member"). • • TABLE OF CONTENTS Paee ARTICLE I: RECITALS ................................................................. 1 1.1 Property Covered ...................................................... 1 1.2 Residential Development ................................................ 1 1.3 Purpose of Master Declaration ............................................ 1 ARTICLE II: DECLARATION ............................................................ 1 ARTICLE III: DEFINITIONS ............................................................. 1 3.1 "Architectural Committee" ............................................... 1 3.2 "Articles" ............................................................ 2 3.3 "Assessments" ........................................................ 2 3.4 "Association" ......................................................... 2 3.5 "Association Rules" .................................................... 2 3.6 "Board" ............................................................. 2 3.7 "Buildin>? Lot" ........................................................ 2 3.8 "Bylaws" ............................................................ 2 3 9 "Common Area" ...................................................... 2 3.10 "Declaration" ......................................................... 2 3.11 "Grantor" ............................................................ 2 3.12 "Improvement" ....................................................... 2 3.13 "Limited Assessment" ................................................... 2 3.14 "Local Association" .................................................... 2 3.15 "Local Association Board" ............................................... 2 3.16 "Local Common Area" .................................................. 3 3.17 "Master Association" ................................................... 3 3.18 "Member" ............................................................ 3 3.19 "Owner" ............................................................ 3 3.20 "Person" ............................................................ 3 3.21 ,~ , Pat' ............................................................... 3 3.22 "Propertv" ........................................................... 3 3.23 "Ridenbaugh Canal" ................................................... 3 3.24 "Regular Assessment" ................................................... 3 3.25 "Special Assessment" ................................................... 3 3.26 "Supplemental Declaration" .............................................. 3 3.27 "The Ranch Common Area" .............................................. 3 3.28 "The Ranch Subdivision" ................................................ 4 .29 Tract' .............................................................. ~~ ~ 4 ARTICLE IV: GENERAL AND SPECIFIC RESTRICTIONS ....................................... 4 4.1 Structures - Generally ................................................... 4 4.1.1 Use. Size and Height of Dwelling Structure .......................... 4 4.1.2 Architectural Committee Review .................................. 4 4.1.3 Setbacks and Height ............................................ 4 4.1.4 Accessory Structures ........................................... 4 4.1.5 Driveways ................................................... 5 4.1.6 Mailboxes ................................................... 5 4.1.7 Fe- ncin~ ..................................................... 5 TABLE OF CONTENTS - i /~ 4.1.8 i htin ..................................................... 5 4.2 n n ........................................................... 5 4.3 Insurance Rates ....................................................... 5 4.4 No Further Subdivision ................................................. 5 4.5 i n ............................................................... 5 4.6 Nuisances ........................................................... 6 4.7 Exterior Maintenance: Owner's Obligations .................................. 6 4.8 Drainaee ............................................................ 6 4.9 r in ............................................................. 6 4.10 WaterSupp)~Svstems .................................................. 6 4.11 No Hazardous Activities ................................................ 7 4.12 Unsightly Articles ...................................................... 7 4.13 No Temporary Structures ................................................ 7 4.14 No Unscreened Boats, Campers and Other Vehicles ........................... 7 4.15 Sewa e Disposal Systems ................................................ 7 4.16 No Minine or Drilling .................................................. 7 4.17 Energy Devices, Outside ................................................ 7 4.18 Vehicles ............................................................. 7 4.19 Animals/Pets ................................................. ...... 7 4.20 Landscapine .......................................................... 8 4.21 Exemption of Grantor .................................................. 8 4.22 Water Rights Ap,Burtenant to Subdivision Landes ............................... 8 4.23 Commencement of Construction .......................................... 9 ARTICLE V: THE RANCH HOMEOWNERS' (MASTER) ASSOCIATION ............................ 9 5.1 Organization of The Ranch Homeowners' Association .......................... 9 5.2 Membership ......................................................... 9 5.3 Votine .............................................................. 9 5.3.1 Class A Members .............................................. 9 5.3.2 Class B Members .............................................. 9 5.4 Board of Directors and Officers .......................................... 10 5.5 Power and Duties of the Master Association ................................ 10 5.5.1 Powers ......................... .......................~..... 10 5.5.1.1 Assessments ......................................... 10 5.5.1.2 Right of Enforcement .................................. 10 5.5.1.3 Delegation of Powers .................................. 10 5.5.1.4 Association Rules ..................................... 10 5.5.1.5 Emergency Powers .................................... 11 5.5.1.6 Licenses, Easements and Rights-of-Wax .................... 11 5.5.2 Duties ..................................................... 11 5.5.2.1 Operation and Maintenance of The Ranch Common Area ...... 12 5.5.2.2 Reserve Account ..................................... 12 5.5.2.3 Maintenance of Berms. Retaining Walls and Fences ........... 12 5.5.2.4 Taxes and Assessments ................................. 12 5.5.2.5 Water and Other Utilities ............................... 12 5.5.2.6 Insurance ........................................... 12 5.5.2.7 Rule Making ........................................ 13 5.5.2.8 Newsletter .......................................... 13 - 5.5.2.9 Architectural Committee ............................... 13 5.5.2.10 Enforcement of Restrictions and Rules ..................... 13 5.6 Personal Liability ..................................................... 13 5.7 Budgets and Financial Statements ........................................ 14 5.8 Meetings of Master Association ......... 14 TABLE OE CONTENTS - ii • • ARTICLE VI: LOCAL ASSOCIATIONS .................................................... 14 6.1 Creation by Grantor ................................................... 14 6.2 Management. Powers and Duties ......................................... 14 6.3 Members of Local Associations .......................................... 14 6.4 Voting in Local Associations ............................................ 15 6.4.1 Class A Members ............................................. 15 6.4.2 Class 8 Member .............................................. 15 6.5 Annual Meetings of Local Association ..................................... 15 6.6 Soecial Meeting ..................................................... 15 6.7 quorum and Officers of Meetings ........................................ 15 6.8 Powers and Duties ...............................................:.... 16 ARTICLE VII: RIGHTS TO COMMON AREAS ..... .......................................... 16 7.1 Use of The Ranch Common Area ......................................... 16 7.2 Designation of Common Area ........................................... 16 7.3 Delegation of Right to Use .............................................. 16 7.4 Damages ........................................................... 17 ARTICLE VIII: PRESSURIZED IRRIGATION ................................................ 17 8.1 Irrigation District Service ............................................... 17 8.2 No Private System .................................................... 17 8.3 Water Master ............................ . . . ........................ 17 ARTICLE IX: ASSESSMENTS ........................................................... 17 9.1 Covenant to Pay Assessments ............................................ 17 9.1.1 Assessment Constitutes Lien ..................................... 17 9.1.2 Assessment is Personal Obli ag tion ................................ 17 9.2 Regular Assessments .................................................. 17 9.2.1 Purpose of Regular Assessments .................................. 17 9.2.2 Computation of Regular Assessments .............................. 18 9.2.3 Amounts Paid by Owners ...................................... 18 9.3 Special Assessments ................................................... 18 9.3.1 Purpose and Procedure ........................................ 18 9.3.2 Cgnsistent Basis of Assessment ... _ ............................... 18 9.4 Limited Assessments .................................................. 19 9.5 Uniform Rate of Assessment ............................................. 19 9.6 Assessment Period .................................................... 19 9.7 Notice and Assessment Due Date ........................................ 19 9.8 Estoppel Certificate ................................................... 19 9.9 Special Notice and Ouorum Requirements ................................. 19 ARTICLE X: ENFORCEMENT OF ASSESSMENTS; LIENS ...................................... 19 10.1 Right to Enforce ...................................................... 19 10.2 Assessment Liens ..................................................... 20 10.2.1 Creation .................................................... 20 10.2.2 Claim of Lien ................................................ 20 10.3 Method of Foreclosure ................................................. 20 10.4 Required Notice ....:................................................ 20 10.5 Subordination to Certain Trust D eds ...................................... 20 10.6 Rights of Mortgagees .................................................. 21 ARTICLE X1: INSPECTION OF ASSOCIATION'S BOOKS AND RECORDS ........................ 21 TABLE OF CONTENTS -iii • • 11.1 Member's Right of Inspection ............................................ 21 11.2 Rules Regardin Inspection of Books and Records ............................ 21 11.3 Director's Rights of Ins a ion ........................................... 21 ARTICLE XII: ARCHITECTURAL COMMITTEE ............................................. 21 12.1 Creation ............................................................ 21 12.2 Grantor's Ri hg t of Appointment .......................................... 21 12.3 Review of Proposed Construction ........................................ 22 12.3.1 Conditions on Approval ........................................ 22 12.3.2 Architectural Committee Rules and Fees ........................... 22 12.3.3 Detailed Plans ............................................... 22 12.3.4 Architectural Cornmittee Decisions ............................... 22 12.4 Meetings of the Architectural Committee ................................... 23 12.5 No Waiver of Future Approvals .......................................... 23 12.6 Compensation of Members ............................................. 23 12.7 Inspection of Work ................................................... 23 12.8 Non-Liability of Architectural Committee Members ........................... 24 12.9 Variances ........................................................... 24 12.10 Local Architectural Committee ........................................... 24 ARTICLE XIII: EASEMENTS ............................................................ 24 13.1 Easements of Encroachment ............................................. 24 13.2 Easements of Access ................................................... 25 13.3 Drainage and Utility Easements .......................................... 25 13.3.1 Improvement of Drainage and Utility Easement Areas ................. 25 13.4 Rights and Duties Concerning Utility Easements :............................ 25 13.5 Driveway Easements .................................................. 25 13.6 Disputes as to Sharing_of Costs ........................................... 26 13.7 General Landscape Easement ............................................ 26 13.8 Overhang Easement ................................................... 26 13.9 Maintenance and Use Easement Between Walls and Lot Lin s ................... 26 ARTICLE XIV: MISCELLANEOUS ....................................................... 26 14.1 Term .............................................................. 26 14.2 Amendment ......................................................... 26 14.2.1 By Grantor .................................................. 26 14.2.2 By Owners .................................................. 26 14.2.3 Effect of Amendment .......................................... 27 14.3 Mortgage Protection ................................................... 27 14.4 Notices ............................................................ 27 14.5 Enforcement and Non-Waiver ........................................... 27 14.5.1 Right of Enforcement ... ........................................ 27 14.5.2 Violations and Nuisances ....................................... 27 14.5.3 Violation of Law ............................................. 27 14.5.4 Remedies Cumulative ......................................... 27 14.5.5 Non-Waiver ................................................. 27 14.6 Interpretation ........................................................ 28 14.6.1 Restrictions Construed To eg ther .................................. 28 14.6.2 Restrictions Severable ......................................... 28 14.6.3 Singular Includes Plural ........................................ 28 14.6.4 Captions ................................................... 28 14.7 Successors and Assigns ................................................ 28 TABLE OF CONTENTS - iv (• • EXHIBIT A LEGAL DESCRIPTION OF PROPERTY ............................................. 30 EXHIBIT B LEGAL DESCRIPTION OF THE RANCH COMMON AREA .................................................. 31 EXHIBIT C LEGAL DESCRIPTION OF THE RANCH TRACTS ..................................... 32 TABLE OF CONTENTS - v • ARTICt.E I: RECITALS 1.1 Pro12~lY Covered. The property potentially subject to this Master Declaration of Covenants, Conditions and Restrictions for The Ranch Subdivision ("Master Declaration") is the Property legally described in Exhibit A attached hereto and made a part hereof (the "Property"). Grantor intends to develop the Property in stages, which initial stage is more fully described in Exhibit C to this Master Declaration. Each development stage shall constitute a Tract, as defined herein. 1.2 Residential Development. The Ranch Subdivision is a residential development, which Grantor currently intends to develop in accordance with existing development approvals obtained by the City of Meridian and documented in Meridian City files __ , or any other development plan(s) for which Grantor may from time to time obtain approval. Certain portions of the Property may be developed for quality detached single-family residential homes. The Property may contain parcels of Common Area, including streams and canals, public and/or private open space, park areas, landscaping, recreational facilities, private streets, drives, and other amenities and facilities. Any development plans or schemes for the Property in existence prior to or following the effective date of this Master Declaration are subject to change at any time by Grantor, and impose no obligation on Grantor as to how the Property is to be developed or improved. 1.3 Purpose of Master Declaration. The purpose of this Master Declaration is to set forth the basic restrictions, covenants, limitations, easements, conditions and equitable servitudes (collectively "Restrictions") that will apply to the entire development and use of all portions of the Property. The Restrictions are designed to preserve the Property's value, desirability and attractiveness, to ensure a well integrated, high-quality development, and to guarantee adequate maintenance of the Common Area, and the Improvements located thereon in a cost effective and administratively efficient manner. ARTICLE II: DECLARATION Grantor hereby declares that the Property, and each lot, parcel or portion thereof, is and/or shall be held, sold, conveyed, encumbered, hypothecated, leased, used, occupied and improved subject to the following terms, covenants, conditions, easements and restrictions, 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, and to enhance the value, desirability and attractiveness of the Property. The terms, covenants, conditions, easements and restrictions set forth herein: shall run with the land constituting the Property, and with each estate therein, and shall be binding upon all persons having or acquiring any right, title or interest in the Property or any lot, parcel or portion thereof; shall inure to the benefit of every lot, parcel or portion of the Property and any interest therein; and shalt inure to the benefit of and be binding upon Grantor, Grantor's successors in interest and each grantee or Owner and such grantee's or Owner's respective successors in interest, and may be enforced by Grantor, by. any Owner or such Owner's successors in interest, or by the Master Association or any Local Association. Notwithstanding the foregoing, no provision of this Master 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 construction, sales or leasing. ARTICLE III: DEFINITIONS 3.1 "Architectural Committee" shall mean the committee created by the Grantor or an Association pursuant to Article XII hereof. MASTER DECLARATION - 1 westpark\ranch\dec • 3.2 "Articles" shall mean the Articles of Incorporation of an Association or other organizational or charter documents of an Association. 3.3 "Assessments" shall mean those payments required of Owners, Master Association Members, or Local Association Members, including Regular, Special and Limited Assessments of any Association as further defined in this Master Declaration. 3.4 • "Association" shall mean the Master Association and/or a Local Association, whichever is appropriate in the context. 3.5 "Association Rules" shall mean those rules and regulations promulgated by an Association governing conduct upon and use of the Property under the jurisdiction or control of an Association, the imposition of fines and forfeitures for violation of Association Rules and regulations, and procedural matters for use in the conduct of business of an Association. 3.6 "Boar sha11 mean the Board of Directors or other governing board or individual, if applicable, of an Association. 3.7 "Building Lot" shall mean one or more lots within a Tract as specified or shown on any Plat and/or by Supplemental Declaration, upon which Improvements may be constructed. The term "Building Lot" shall include single-family residential lots, but shall not include the Common Area. 3.8 "Bylaws" shall mean the Bylaws of an Association. 3.9 "Common Area" shall mean any or all parcels of The Ranch Common Area or Local Common Area, whichever is appropriate in the context, and shall include, without limitation, all such parcels that are designated as private streets or drives, common open space, common landscaped areas. 3.10 "Declaration" shall mean this Master Declaration as it may be amended from time to time. 3.11 "Grantor" shall mean The Westpark Company, Inc., an Idaho corporation, or its successor in interest, or any person or entity to whom the rights under this Declaration are expressly transferred by River View Ventures or its successor. 3.12 "Improvement" shall mean any structure, facility or system, or other 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, streets, drives, driveways, sidewalks, bicycle paths, curbs, landscaping, wildlife habitat improvements, signs, lights, mail boxes, electrical lines, pipes, pumps, ditches, recreational facilities, and fixtures of any kind whatsoever. 3.13 "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 incurred by the Master Association or Local Association for corrective action performed pursuant to the provisions of this Master Declaration or any Supplemental Declaration, including interest thereon as provided in this Master Declaration or a Supplemental Declaration. 3.14 "Local Association" shall mean any profit or not-for-profit Idaho corporation or unincorporated association, or the successors of any of them, organized and established pursuant to the terms of this Master Declaration or a Supplemental Declaration by Grantor.• 3.1 S "Local Association Board" shall mean the duly elected and qualified Board of Directors, or other governing board or individual, if applicable, of a Local Association. MASTER DECLARATION - 2 westpark\ranch\dec • • 3.16 "Local Common Area" shall mean all real property in which a Local Association holds an interest or which is held or maintained for the mutual use and benefit of such Local Association and its Members. Local Common Area may be established from time to time by Grantor on any portion of the Property by describing such an area on a recorded Plat, by granting or reserving it in a deed or other instrument, or by designating it as such in this Master Declaration on in any Supplemental Declaration. Local Common Area may include easement and/or license rights. 3.17 "Master Association" shall mean the Idaho profit or non-profit corporation, its successors and assigns, established by Grantor to exercise the powers and to carry out the duties set forth in this Master Declaration or any Supplemental Declaration. Grantor shall have the power, in its discretion, to name the Master Association the "The Ranch Homeowners' Association, Inc.", or any similar name which fairly reflects its purpose. 3.18 "Member" shall mean each person or entity holding a membership in the Master Association. Where specific reference or the context so indicates, it shall also mean persons or entities holding membership in a Local Association. 3.19 "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, and sellers under executory contracts of sale, but excluding those having such interest merely as security for the performance of an obligation. 3.20 "Person" shall mean any individual, partnership, corporation or other legal entity. 3.21 "Plat" shall mean any subdivision plat covering any portion of the Property as recorded at the office of the County Recorder, Ada County, Idaho, as the same may be amended by duly recorded amendments thereof. 3.22 "Property" shall mean those portions of the Property described on Exhibit A attached hereto and incorporated herein by this reference, including each lot, parcel and portion thereof and interest therein, including all water rights associated with or appurtenant to such property. 3.23 "Ridenbaugh Canal" shall mean that certain real property in which the Nampa and Meridian Irrigation District holds an interest, which real property is identified on the Plat. 3.24 "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 an Association which is to be levied against the Property of and paid by each Owner to the Master Association, or applicable Local Association, pursuant to the terms hereof or the terms of this Master Declaration or a Supplemental Declaration. 3.25 "Special Assessment" shall mean the portion of the costs of the capital improvements or replacements, equipment purchases and replacements or shortages in Regular Assessments which are authorized and to be paid by each Owner to the Master Association, or applicable Local Association pursuant to the provisions of this Master Declaration or a Supplemental Declaration. 3.26 "Supplemental Declaration" shall mean any supplemental declaration including additional covenants, conditions and restrictions that might be adopted with respect to any portion of the Property. 3.27 "The Ranch Common Area" shall mean all real property in which the Master Association holds an interest or which is held or maintained, permanently or temporarily, for the common use, enjoyment and benefit of the entire The Ranch Subdivision and each Owner therein, which real property is legally described in Exhibit 6 attached hereto and made a part hereof. The Ranch Common Area may be established from time to time by Grantor on any portion of the Property by describing it on a plat, by granting or reserving it in a deed or MASTER DECLARATION - 3 westpark\ranch\dec • • other instrument, or by designating it pursuant to this Master Declaration or any Supplemental Declaration. The Ranch Common Area is to be distinguished from Local Common Area, which may or may not allow entry and use by those Owners who are not Members of a Local Association or who are not Owners within a particular Tract. The Ranch Common Area may include easement and/or license rights. 3.28 "The Ranch Subdivision" shall mean the Property. 3.29 "Tra "shall mean a defined portion of the Property within which the contemplated development involves a common use or compatible uses, and which may have been designed as a Tract by recorded Supplemental Declaration. Each Tract shall contain one or more Building Lots, and may be managed to the extent permitted herein by a Local Association. Each Tract is legally described on Exhibit F, attached hereto and made a part hereof. ARTICLE IV: GENERAL AND SPECIFIC RESTRICTIONS 4.1 Structures -Generally. All structures are to be designed, constructed and used in such a manner as to promote compatibility between the types of use contemplated by this Master Declaration. 4.1.1 Use. Size and Hei~,ht of Dwelling Structure. All Building Lots shall be used exclusively for single-family residential purposes. No Building Lot shall be improved except with a single-family dwelling unit or structure. No business or home occupation shall be conducted from said dwelling unit or structure. Each one-story single-family dwelling unit or structure shall have a minimum of ( ~ ~~ ~ )square feet of livable space. Livable space shall not include garages, car ports, patios, breezeways, storage rooms, porches or similar structures. Dwelling units or structures located on Lot ,Block _, Lot _, Block ,and Lots ,Block ,shall be considered corner lots (referred to herein individually as "Corner Lot" or collectively as "Corner Lots") and shall be not exceed one (1) story or thirty (30) feet in height. 4.1.2 Architectural Committee Review. No Improvements which will be visible above ground or which will ultimately affect the visibility of any above ground Improvement shall be built, erected, placed or materially altered on or removed from the Property unless and until the building plans, specifications, and plot plan have been reviewed in advance by the Architectural Committee (and, if required, by an applicable Local Architectural Committee pursuant to paragraph 12.10) and the same have been approved in writing. The review and approval or disapproval may be based upon the following factors: design and style elements, mass and form, topography, setbacks, finished ground elevations, architectural symmetry, drainage, color, materials, physical or aesthetic impacts on other properties, including Common Areas, artistic conformity to the terrain and the other Improvements on the Property, and any and all other factors which the Architectural Committee, in its reasonable discretion, deem relevant. Said requirements as to the approval of the architectural design shall apply only to the exterior appearance of the Improvements. This Master Declaration is not intended to serve as authority for the Architectural Committee to control the interior layout or design of residential structures except to the extent incidentally necessitated by use, size and height restrictions. 4.1.3 Setbacks and Heieht. No residential or other structure shall be placed nearer to the Building Lot lines or built higher than permitted by the Plat for the Tract in which the Building Lot is located, by any applicable zoning restriction, by any conditional use permit, or by a building envelope designated either by Grantor or the applicable Architectural Committee whichever is more restrictive. 4.1.4 Accessory Structures. Detached garages shall be allowed if in conformity with the provisions of this Master Declaration, and as approved by the applicable Architectural Committee. Garages and storage sheds shall be constructed of, and roofed with, the same materials, and with similar MASTER DECLARATION - 4 westpark\ranch\dec ~ ~ colors and design, as the residential structure on the applicable Building Lot. No playhouses, playground equipment, pools, pool slides, diving boards, hot tubs, spas, or similar items shall extend higher than five (5) feet above the finished graded surface of the Building Lot upon which such item(s) are located. Basketball courts, tennis courts or backboards shall be allowed in the back yard of any Building Lot, provided that such courts or backboards are not visible from any street, and do not promote noise or other nuisance that is offensive or detrimental to other property in the vicinity of the Building Lot or offensive or detrimental to the occupants of such other property. 4.1.5 Driveways. All access driveways shall have a wearing surface of asphalt, concrete, or other hard surface materials, and shall be properly graded to assure proper drainage. 4.1.6 Mailboxes. All mailboxes will be of consistent design, material and coloration and shall be located on or adjoining Building Lot lines at places designated by Grantor or the Architectural Committee. 4.1.7 Fencin>?. No fence, hedge or boundary wall situated anywhere upon a Building Lot shall have a height greater than six (6) feet above the finished graded surface of the Building Lot or Common Area upon which such fence, hedge, or boundary wall is situated. Any fence or boundary wall constructed on or near the lot line common to one or more Building Lots shall be constructed as a "good neighbor" fence or wall. No fence shall be constructed so as to extend toward the front of the Building Lot past the front plane of the dwelling structure constructed thereon, or closer than ten (10) feet to any side Building Lot line of a corner of a Building Lot adjacent to a dedicated street. No fence, hedge, or boundary wall which obstructs site lines at ari elevation between four (4) and eight (8) feet above any street shall be placed or permitted to remain on any Corner Lot. All fencing and boundary walls constructed on any Building Lot shall be of compatible style and material to that other fencing constructed adjacent to or abutting Common Areas, public and private streets, and shall otherwise be as approved by the applicable Architectural Committee. 4.1.8 Li htin .Exterior lighting, including flood lighting, shall be part of the architectural concept of the Improvements on a Building Lot. Fixtures, standards and all exposed accessories shall be harmonious with building design, and shall be as approved by the applicable Architectural Committee. Lighting shall be restrained in design, and excessive brightness shall be avoided. 4.2 Antennae. No exterior radio antenna, television antenna, satellite dish antenna or other antenna of any type shall be erected or maintained on th_e Property unless it is located or screened in a manner acceptable to the applicable Architectural Committee. 4.3 Insurance Rates. Nothing shall be done or kept on any Building Lot which will increase the rate of insurance on any other portion of the Property without the approval of the Owner of such other portion, nor shall anything be done or kept on the Property or a Building Lot which would result in the cancellation of insurance on any property owned or managed by any such Association or which would be in violation of any law. 4.4 No Further Subdivision. No Building Lot may be further subdivided. 4.5 Suns. No sign of any kind shall be displayed to the public view without the approval of the applicable~Architectural Committee, except: (1) such signs as may be used by Grantor in connection with the development of the Property and sale of Building tots; (2) temporary signs naming the contractors, the architect, and the lending institution for a particular construction operation; (3) such signs identifying The Ranch Subdivision, or informational signs, of customary and reasonable dimensions as prescribed by the Architectural Committee may be displayed on or from the Common Area; and (4) one (1) sign of customary and reasonable dimensions as prescribed by the Architectural Committee as may be displayed by an Owner other than Grantor MASTER DECLARATION - 5 westpark\ranch\dec • on or from a Building Lot advertising the residence for sale or lease. A customary "for sale" or "for lease" sign not more than three (3) feet by two (2) feet shall not require Architectural Committee approval. Without limiting the foregoing, no sign shall be placed in the Common Area without the written approval of the applicable Architectural Committee. 4.6 Nuisances. No rubbish or debris of any kind shall be placed or permitted to accumulate anywhere upon the Property, including Common Area or vacant Building Lots, and no odor shall be permitted to arise therefrom so as to render the Property or any portion thereof unsanitary, unsightly, offensive or detrimental to the Property or to its occupants, or to any other property in the vicinity thereof or to its occupants. No noise or other nuisance shall be permitted to exist or operate upon any portion of the Property so as to be offensive or detrimental to the Property or to its occupants or to other property in the vicinity or to its occupants. Without limiting the generality of any of the foregoing provisions, no exterior speakers, horns, whistles, bells or other sound devices (other than security devices used exclusively for security purposes which have been approved by the Master Association), flashing lights or search lights, shall be located, used or placed on the Property without the prior written approval of the Master Association. 4.7 Exterior Maintenance; Owner's Obli atg_ ions. No Improvement shall be permitted to fall into disrepair, and each Improvement shall at all times be kept in good condition and repair. In the event that any Owner shall permit any Improvement, including trees and landscaping, which is the responsibility of such Owner to maintain, to fall into disrepair so as to create a dangerous, unsafe, unsightly or unattractive condition, or damages property or facilities on or adjoining their Building Lot which would otherwise be an Associations' responsibility to maintain, the Board of the Local Association of which such Owner is a Member (or the Board of the Master Association if the Local Association fails to act), upon fifteen (1 S) days prior written notice to the Owner of such property, shall have the right to correct such condition, and to enter upon such Owner's Building Lot for the purpose of doing so, and such Owner shall promptly reimburse the Local or Master Association, as .the case may be, for the cost thereof. Such cost shall be a Limited Assessment and shall create a lien enforceable in the same manner as other Assessments set forth in Article IX of this Master Declaration. The Owner of the offending property shall be personally liable, and such Owner's property may be subject to a mechanic's lien for all costs and expenses incurred by the Association in taking such corrective acts, plus all costs incurred in collecting the amounts 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 added to the amounts payable by such Owner as Regular Assessments. Each Owner shall have the remedial rights set forth herein if the applicable Associations fail to exercise their rights within a reasonable time following written notice by such Owner. 4.8 Draina>?e. There shall be no interference with the established drainage pattern over any portion of the Property, unless an adequate alternative provision is made for proper drainage and is first approved in writing by the applicable Architectural Committee. For the purposes hereof, "established" drainage is defined as the system of drainage, whether natural or otherwise, which exists at the time the overall grading of any portion of the Property is completed by Grantor, or that drainage which is shown on any plans approved by the Architectural Committee, which may include drainage from Common Area over any Building Lot in the Property. 4.9 Gradine. The Owner of any Building Lot within the Property in which grading or other work has been performed pursuant to a grading plan approved under applicable provisions of Meridian City Code or by the Master or Local Association, shall maintain and repair all graded surfaces and erosion prevention devices, retaining walls, drainage structures, means or devices which are not the responsibility of the Ada County Highway District, Nampa & Meridian Irrigation District, or other public agency, and plantings and ground cover installed or completed thereon. Such requirements shall be subject to Regular, Special, and Limited Assessments provided in Article IX herein, as may be applicable. . 4.10 Water Supply Systems. No separate or individual water supply system, regardless of the proposed use of the water to be delivered by such system, shall be permitted on any Building Lot unless such MASTER DECLARATION - 6 westpark\ranch\dec • system is designed, located, constructed and equipped in accordance with the requirements, standards and recommendations of the Board of the Master Association and all governmental authorities having jurisdiction. 4.11 No Hazardous Activities. No activities shall be conducted on the Property, and no Improvements constructed on any property which are or might be unsafe or hazardous to any person or property. 4.12 lJnsightly Articles. No unsightly articles shall be permitted to remain on any Building Lot so as to be visible from any other portion of the Property. Without limiting the generality of the foregoing, refuse, garbage and trash shall be kept at all times in such containers and in areas approved by the applicable Architectural Committee. No clothing or fabrics shall be hung, dried or aired in such a way as to be visible to other property, and no equipment, heat pumps, compressors, containers, lumber, firewood, grass, shrub or tree clippings, plant waste, metals, bulk material, scrap, refuse or trash shall be kept, stored or allowed to accumulate on any Building Lot except within an enclosed structure or as appropriately screened from view. No vacant residential structures shall be used for the storage of building materials. 4.13 No Temporary Structures. No house trailer, mobile home, tent (other than for short term individual use), shack or other temporary building, improvement or structure shall be placed upon any portion of the Property, except temporarily as may be required by construction activity undertaken on the Property. 4.14 No Unscreened Boats Campers and Other Vehicles. No boats, trailers, campers, all-terrain vehicles, motorcycles, recreational vehicles, bicycles, dilapidated or unrepaired and unsightly vehicles or similar equipment shall be placed upon any portion of the Property (including, without limitation, streets, parking areas and driveways) unless the same are enclosed by a structure concealing them from view in a manner approved by the applicable Architectural Committee. To the extent possible, garage doors shall remain closed at all times. 4.1 S Sewage Disposal Systems. No individual sewage disposal system shall be used on the Property. Each Owner shall connect the appropriate facilities on such Owner's Building Lot to the Boise City Sewer System and pay all charges assessed therefor. 4.16 No Mining or Drilling. No portion of the Property shall be used for the purpose of mining, quarrying, drilling, boring or exploring for or removing water, oil, gas or other hydrocarbons, minerals, rocks, stones, sand, gravel or earth. This paragraph 4.16 shall not prohibit exploratory drilling or coring which is necessary to construct a residential structure or Improvements. 4.17 Energv Devices. Outside. No energy production devices, including but not limited to generators of any kind and solar energy devices, shall be constructed or maintained on any portion of the Property without the written approval of the applicable Architectural Committee, except for heat pumps shown in the plans approved by the Architectural Committee. This paragraph 4.17 shall not apply to passive solar energy systems incorporated into the approved design of a residential structure. 4.18 Vehicles. The use of all vehicles, including but not limited to trucks, automobiles, bicycles, motorcycles and snowmobiles, shall be subject to all Association Rules, which may prohibit or limit the use thereof within The Ranch Subdivision. No on-street parking shall be permitted except where expressly designated for parking use. No parking bays shall be permitted in any side, front or backyard. Vehicles parked on a driveway shall not extend into any sidewalk or bike path or pedestrian path. 4.19 Animals/Pets. No animals, birds, insects, pigeons, poultry or livestock shall be kept on the Property unless the presence of such creatures does not constitute a nuisance. This paragraph 4.19 does not apply to the keeping of up to two (2) domesticated dogs, up to two (2) domesticated cats, and other household pets which do not unreasonably bother or constitute a nuisance to others. Without limiting the generality of the foregoing, consistent and/or chronic barking by dogs shall be considered a nuisance. Each dog in The Ranch Subdivision shall be kept on a leash, curbed, and otherwise controlled at all times when such animal is off the MASTER DECLARATION - 7 westpark\ranch\dec ~ ~ premises of its owner. Such owner shall clean up any animal defecation immediately from the Common Area or public right-of--way. Failure to do so may result, at the Board's discretion, with a Limited Assessment levied against such animal owner. The construction of dog runs or other pet enclosures shall be subject to applicable Architectural Committee approval, shall be appropriately screened, and shall be maintained in a sanitary condition. Dog runs or other pet enclosures shall be placed a minimum of ten (10) feet from the side and/or rear Building Lot line, shall not be placed in any front yard of a Building Lot, and shall be screened from view so as not to be visible from Common Area or an adjacent Building Lot. 4.20 Landscaping. The Owner of any Building Lot shall sod the front and the side yards and shall seed the back yard and landscape such Building Lot in conformance with the landscape plan approved by the Master or Local Association, and as approved by the applicable Architectural Committee, within sixty (60) days after said Owner shall occupy the dwelling structure on said Building Lot, weather permitting. Prior to construction of Improvements, the Owner (or any Association to which such responsibility has been assigned) shall provide adequate irrigation and maintenance of existing trees and landscaping, shall control weeds, and maintain the Owner's (or Association's) property in a clean and safe condition free of debris or any hazardous condition. All trees located on common Building Lot lines shall be the joint responsibility of the adjoining Building Lot owners. All landscaped Common Areas shall be irrigated by an underground sprinkler system. The Board and/or applicable Architectural Committee may adopt rules regulating landscaping permitted and required. In the event that any Owner shall fail to install and maintain landscaping in conformance with such rules or shall allow such Owner's landscaping to deteriorate to a dangerous, unsafe, unsightly or unattractive condition, the Board, or the Board of the Local Association of which such Owner is a Member, upon fifteen (1 S) days' prior written notice to such Owner, shall have the right to correct such condition and to enter upon such Owner's property for the purpose of doing so, and such Owner shall promptly reimburse the Master Association or Local Association for the cost thereof. Such cost shall be a Limited Assessment and shall create a lien enforceable in the same manner as other Assessments as set forth in Article IX. Following commencement of any construction of any Improvement, construction shall be diligently pursued and completed as soon as reasonably practical. All landscaping on a Building Lot, unless otherwise specified by the applicable Architectural Committee, shall be completed as soon as reasonably practical following completion of the residential structure on such Building Lot. 4.21 Exemption of Grantor. Nothing contained herein shall limit the right of Grantor to subdivide or resubdivide any portion of the Property, to grant licenses, to reserve rights-of--way and easements with respect to Common Area to utility companies, public agencies or others, or to complete excavation, grading and construction of Improvements to and on any portion of the Property owned by Grantor, or to alter the foregoing and its construction plans and designs, or to construct such additional Improvements as Grantor deems advisable in the course of development of the Property so long as any Building Lot in the Property remains unsold. Such right shall include, but shall not be limited to, erecting, constructing and maintaining on the Property such structures and displays as may be reasonably necessary for the conduct of Grantor's business of completing the work and disposing of the same by sales lease or otherwise. Grantor shall have the right at any time prior to acquisition of title to a Building Lot by a purchaser from Grantor 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 as may from time to time be reasonably necessary to the proper development and disposal of the Property. Grantor may use any structures owned by Grantor on the Property as model home complexes or real estate sales or leasing offices. Grantor need not seek or obtain Architectural Committee approval of any Improvement constructed or placed by Grantor on any portion of the Property owned by Grantor. The rights of Grantor hereunder may be assigned by Grantor to any successor in interest in connection with Grantor's interest in any portion of the Property, by an express written assignment recorded in the Office of the Ada County Recorder. 4.22 Water Rights Appurtenant to Subdivision Lands. Within 120 days of the date of the recording of this Master Declaration, Grantor shall transfer from the Property subject to this Master Declaration, and within MASTER DECLARATION - 8 westpark\ranch\dec ~• • the boundaries of an irrigation entity, as defined in said Section 31-3805, Idaho Code, all water rights and assessment obligations appurtenant to the Property to the Master Association. 4.23 Commencement of Construction. Any Owner of a Building Lot shall, within a period of one (1) year following the date of purchase of a Building Lot from Grantor, commence the construction of a dwelling structure in compliance with the restrictions herein, and such construction shall be completed within six (6) months thereafter. The term "commence the construction" as used in this paragraph 4.23, shall require actual physical construction activities upon such dwelling structure upon such Building Lot. In the event such Owner shall fail or refuse to commence the construction of a dwelling structure within said one (1) year period, Grantor may, at Grantor's option, following the expiration of said one (1) year period, repurchase said Building Lot from such Owner or the then Owner of such Building Lot at a repurchase price equivalent to the money actually paid to Grantor, less any amount equivalent to ten (10) percent thereof. In the event Grantor shall exercise Grantor's option to repurchase such Building Lot, upon tender of said repurchase price, Owner or the then Owner of such Building Lot shall make, execute and deliver to Grantor a deed reconveying said Building Lot, free and clear of all liens, which deed shall be binding upon all persons who may, at any time hereafter, own or claim any right, title, or interest in such Building Lot, and the successors in title thereto, whether acquired by voluntary act or through operation of law. ARTICLE V: THE RANCH HOMEOWNERS' (MASTER) ASSOCIATION 5.1 Organization of The Ranch Hom own rs' Association. The Ranch Homeowners' Association, Inc. ("Master 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 and this Master Declaration. Neither the Articles nor the Bylaws shall be amended or otherwise changed or interpreted so as to be inconsistent with this Master Declaration. 5.2 Membership. Each Owner, by virtue of being an Owner and for so long as such ownership is maintained, shall be a Member of the Master Association and no Owner shall have more than one membership in the Master Association. Memberships in the Master Association shall be appurtenant to the Trad, Building Lot or other portion of the Property owned by such Owner. The memberships in the Master Association shall not be transferred, pledged, assigned or alienated in any way except upon the transfer of Owner's title and then only to the transferee of such title. Any attempt to make a prohibited membership transfer shall be void and will not be reflected on the books of the Master Association. 5.3 Votin .Voting in the Master Association shall be carried out by Members who shall cast the votes attributable to the Building Lots which they own, or attributable to the Building Lots owned by Grantor. The number of votes any Member may cast on any issue is determined by the number of Building Lots which the Member, including Grantor, owns. When more than one person holds an interest in any Building Lot, all such persons shall be Members but shall share the votes attributable to the Building Lot. For voting purposes, the Master Association shall have two (2) classes of Members as described below. 5.3.1 Class A Members. Owners other than Grantor shall be known as 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 on the day of the vote. 5.3.2 Class B Members. The Grantor shall be known as the Class B Member, and shall be entitled to five (5) votes for each Building Lot of which Grantor is the Owner. The Class B Member shall cease to be a voting Member in the Master Association when the total cumulative votes of the Class A Members equal or exceed the total votes of the Class B Members provided that the Class 6 MASTER DECLARATION - 9 westpark\ranch\dec 1 ... _ __ • membership shall not cease before the expiration of ten (10) years from the date on which the first Building Lot is sold to an Owner. Fractional votes shall not be allowed. In the event that joint Owners are unable to agree among themselves as to how their vote or votes shall be cast, they shall lose their right to vote on the matter being put to a vote. When an Owner casts a vote, it will thereafter be presumed conclusively for all purposes that such Owner was acting with authority and consent of all joint Owners of the Building Lot(s) from which the vote derived. The right to vote may not be severed or separated from the ownership of the Building Lot to which it is appurtenant, except that any Owner may give a revocable proxy, or may assign such Owner's right to vote to a lessee, mortgagee, beneficiary or contract purchaser of the Building Lot concerned, for the term of the lease, mortgage, deed of trust or contract. Any sale, transfer or conveyance of such Building Lot to a new Owner shall operate automatically to transfer the appurtenant voting right to the Owner, subject to any assignment of the right to vote to a lessee, mortgagee, or beneficiary as provided herein. 5.4 Board of Directors and Officers. The affairs of the Master Association shall be conducted and managed by a Board of Directors ("Board") and such officers as the Board may elect or appoint, in accordance with the Articles and Bylaws, as the same may be amended from time to time. The Board of the Master Association shall be elected in accordance with the provisions set forth in the Master Association Bylaws. 5.5 Power and Duties of the Master Association. 5.5.1 Powers. The Master Association shall have all the powers of a corporation organized under the general corporation laws of the State of Idaho subject only to such limitations upon the exercise of such powers as are expressly set forth in the Articles, the Bylaws, and this Master Declaration. The Master Association shall have the power to do any and all lawful things which may be authorized, required or permitted to be done by the Master Association under Idaho law and under this Master Declaration, and the Articles and Bylaws, and to do and perform any and all acts which may be necessary to, proper for, or incidental to the proper management and operation of the Common Area and the Master Declaration's other assets, including water rights when and if received from Grantor, and affairs and the performance of the other responsibilities herein assigned, including without limitation: 5.5.1.1 Assessments. The power to levy Assessments on any Owner or any portion of the Property and to force payment of such Assessments, all in accordance with the provisions of this Master Declaration. 5.5.1.2 Right of Enforcement. The power and authority from time to time in its own name, on its own behalf, or on behalf of any Owner who consents thereto, to commence and maintain actions and suits to restrain and enjoin any breach or threatened breach of this Master Declaration or the Articles or the Bylaws, including the Association Rules adopted pursuant to this Master Declaration, and to enforce by injunction or otherwise, all provisions hereof. 5.5.1.3 Delegation of Powers. The authority to delegate its power and duties to committees, officers, employees, or to any person, firm or corporation to act as manager, and to contract for the maintenance, repair, replacement and operation of the Common Area. Neither the Master Association nor the members of its Board shall be liable for any omission or improper exercise by the manager of any such duty or power so delegated. 5.5.1.4 Association Rules. The power to adopt, amend and repeal by majority vote of the Board such rules and regulations as the Master Association deems reasonable. The Master Association may govern the use of the Common Areas, including but MASTER DECLARATION - 10 westpark\ranch\dec • • not limited to the use of private streets by the Owners, their families, invitees, licensees, lessees or contract purchasers; provided, however, that any Association Rules shall apply equally to all Owners and shall not be inconsistent with this Master Declaration, the Articles or Bylaws. A copy of the Association Rules as they may from time to time be adopted, amended or repealed, shall be mailed or otherwise delivered to each Owner. Upon such mailing or delivery, the Association Rules shall have the same force and effect as if they were set forth in and were a part of this Master Declaration. In the event of any conflict between such Association Rules and any other provisions of this Master Declaration, or the Articles or Bylaws, the provisions of the Association Rules shall be deemed to be superseded by the provisions of this Master Declaration, the Articles or the Bylaws to the extent of any such inconsistency. 5.5.1.5 Eme~e~ Powers. The power, exercised by the Master Association or by any person authorized by it, to enter upon any property (but not inside any building constructed thereon) 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 the Master Association is responsible. Such entry shall be made with as little inconvenience to the Owner as practicable, and any damage caused thereby shall be repaired by the Master Association. 5.5.1.6 Licenses. Easements and Rights-of-Wax. The power to grant and convey to any third parry such licenses, easements and rights-of-way in, on or under the Common Area as may be necessary or appropriate for the orderly maintenance, preservation and enjoyment of the Common Area, and for the preservation of the health, safety, convenience and the welfare of the Owners, for the purpose of constructing, erecting, operating or maintaining: 5.5.1.6.1 Underground lines, cables, wires, conduits or other devices for the transmission of electricity or electronic signals-for lighting, heating, power, telephone, television or other purposes, and the above ground lighting stanchions, meters, and other facilities associated with the provisions of lighting and services; and 5.5.1.6.2 Public sewers, storm drains, water drains and pipes, water supply systems, sprinkling systems, heating and gas lines or pipes, and any similar public orquasi-public improvements or facilities. 5.5.1.6.3 Mailboxes and sidewalk abutments around such mailboxes or any service facility, berm, fencing and landscaping abutting common areas, public and private streets or land conveyed for any public orquasi-public purpose including, but not limited to, bicycle pathways. The right to grant such licenses, easements and rights-of-way are hereby expressly reserved to the Master Association and may be granted at any time prior to twenty-one (21) years after the death of the issue of the individuals executing this Master Declaration on behalf of Grantor who are in being as of the date hereof. 5.5.2 Duties. In addition to duties necessary and proper to carry out the power delegated to.the Master Association by this Master Declaration, and the Articles and Bylaws, without limiting the generality thereof, the Master Association or its agent, if any, shall have the authority and the obligation to conduct all business affairs of the Master Association and to perform, without limitation, each of the following duties: MASTER DECLARATION - 1 7 westpark\ranch\dec • • 5.5.2.1 Operation and Maintenance of The Ranch Common Area. Operate, maintain, and otherwise manage or provide for the operation, maintenance and management of The Ranch Common Area (other than Local Common Area), including the repair and replacement of property damaged or destroyed by casualty loss. Specifically, the Master Association shall, at Grantor's sole discretion, operate and maintain all properties owned by Grantor which are designated by Grantor for temporary or permanent use by Members of the Master Association. Such properties may include those lands located near the Boise River and other lands intended for open space uses. 5.5.2.2 Reserve Account. Establish and fund a reserve account with a reputable banking institution or savings and loan association or title insurance company authorized to do business in the State of Idaho, which reserve account shall be dedicated to the costs of repair, replacement, maintenance and improvement of the Common Area, and enforcement of the terms of the Conservation Agreement as defined below. 5.5.2.3 Maintenance of Berms. Retaining_Walls and Fences. Maintain the berms, retaining walls, fences and water amenities within and abutting Common Area and abutting the Ridenbaugh Canal. Maintain the water amenities constructed by Grantor or Master Association located in that certain easement in, over and through Building Lots as shown on the Plat. 5.5.2.4 Taxes and Assessments. Pay al I real and personal property taxes and Assessments separately levied against The Ranch Common Area or against The Ranch Subdivision, the Master Association and/or any other property owned by the Master Association. Such taxes and Assessments may be contested or compromised by the Master Association, provided, however, that such taxes and Assessments are paid or a bond insuring payment is posted prior to the sale or disposition of any property to satisfy the payment of such taxes and Assessments. In addition, the Master Association shall pay all other federal, state or local taxes, including income or corporate taxes levied against the Master Association, in the event that the Master Association is denied the status of a tax exempt corporation. 5.5.2.5 Water and Other Utilities. Acquire, provide and/or pay for water, sewer, garbage disposal, refuse and rubbish collection, electrical, telephone and gas and other necessary services for The Ranch Common Area, and to manage for the benefit of The Ranch Subdivision all water rights and rights to receive water held by the Master Association, whether such rights are evidenced by license, permit, claim, stock ownership or otherwise. 5.5.2.6 Insurance. Obtain insurance from reputable insurance companies authorized to do business in the State of Idaho, and maintain in effect any insurance policy the Board deems necessary or advisable, including, without limitation the following policies of insurance: 5.5.2.6.1 Fire insurance including those risks embraced by coverage of the type known as the broad form "All Risk" or special extended coverage endorsement on a blanket agreed amount basis for the full insurable replacement value of all Improvements, equipment and fixtures located within The Ranch Common Area. 5.5.2.6.2 Comprehensive public liability insuranceinsuringthe Board, the Master Association, the Grantor and the individual grantees and agents and employees of each of the foregoing against any liability incident to the MASTEK DECLARATION - 12 westpark\ranch\dec • • ownership andlor use of The Ranch Common Area. Limits of liability of such coverage shall be as follows: Not less than One Million Dollars {$1,000,000) per person and One Million Dollars ($1,000,000) per occurrence with respect to personal injury or death, and One Million Dollars ($1,000,000) per occurrence with respect to property damage. 5.5.2.6.3 Full coverage directors' and officers' liability insurance with a limit of at least Two Hundred Fifty Thousand Dollars ($250,000). 5.5.2.6.4 Such other insurance, including motor vehicle insurance and Workmen's Compensation insurance, to the extent necessary to comply with all applicable laws and indemnity, faithful performance, fidelity and other bonds as the Board shall deem necessary or required to carry out the Master Association functions or to insure the Master Association against any loss from malfeasance or dishonesty of any employee or other person charged with the management or possession of any Master Association funds or other property. 5.5.2.6.5 The Master Association shall be deemed trustee of the interests of all Owners in connection with any insurance proceeds paid to the Master Association under such policies, and shall have full power to receive such Owner's interests in such proceeds and to deal therewith. 5.5.2.6.6 Insurance premiums for the above insurance coverage shall be deemed a common expense to be included in the Regular Assessments levied by the Master Association. 5.5.2.7 Rule Makinl?. Make, establish, promulgate, amend and repeal such Association Rules as the Board shall deem advisable. 5.5.2.8 Newsletter. If it so elects, prepare and distribute a newsletter on matters of general interest to Master Association Members, the cost of which shall be included in Regular Assessments. 5.5.2.9 Architectural Committee. Appoint and remove members of the Architectural Committee, subject to the provisions of this Master Declaration. 5.5.2.10 Enforcement of Restrictions and Rules. Perform such other acts, whether or not expressly authorized by this Master Declaration, as may be reasonably advisable or necessary to enforce any of the provisions of the Master Declaration, or of the Articles or Bylaws, including, without limitation, the recordation of any claim of lien with the Ada County Recorder, as more fully provided herein. 5.6 Personal Liability. No Member of the Board, or member of any committee of the Master Association, or any officer of the Master Association, or the Grantor, or the manager, if any, shall be personally liable to any Owner, or to any other party, including the Master Association, for any damage, loss or prejudice suffered or claimed on the account of any act, omission, error or negligence of the Master Association, the Board, the manager, if any, or any other representative or employee of the Master Association, the Grantor, or the Architectural Committee, or any other committee, or any officer of the Master Association, or the Grantor, provided that such person, upon the basis of such information as may be possessed by such person, has acted in good faith without willful or intentional misconduct. MASTER DECLARATION - 13 westpark\ranch\dec • • 5.7 Budgets and Financial Statements. Financial statements for the Master Association shall be prepared regularly and copies shalt be distributed to each Member of the Master Association as follows: 5.7.1 A pro forma operating statement or budget, for each fiscal year shall be distributed not less than sixty (60) days before the beginning of each fiscal year. The operating statement shall include a schedule of Assessments received and receivable, identified by the Building Lot number and the name of the person or entity assigned. 5.7.2 Within thirty (30) days after the close of each fiscal year, the Master Association shall cause to be prepared and delivered to each Owner, a balance sheet as of the last day of the Master Association's fiscal year and annual operating statements reflecting the income and expenditures of the Master Association for its last fiscal year. Copies of the balance sheet and operating statement shall be distributed to each Member within ninety (90) days after the end of each fiscal year. 5.8 Meetings of Master Association. Each year the Master Association shall hold at least one meeting of the Members, according to the schedule for such meetings established by the Bylaws; provided, that such meeting shall occur no earlier than April 15 and no later than May 31 each year. Only Members shall be entitled to attend Master Association meetings, and all other persons may be excluded. Notice for all Master Association meetings, regular or special, shall be given by regular mail to all Members, and any person in possession of a Building Lot, not less than ten (10) days nor more than thirty (30) days before the meeting and 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 in person of the Class 6 Member where there is such a Member, and of the Class A Members representing Owners holding at least thirty percent (30%) 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 a time not less than ten (10) days nor more than thirty (30) days from the time the original meeting was scheduled. A second meeting may be called as the result of such an adjournment, provided notice is given as provided above. At any such meeting properly called, the presence of any Member shall constitute a quorum. ARTICLE VI: LOCAL ASSOCIATIONS 6.1 Creation by Grantor. Grantor shall create Local Associations as profit or non-profit corporations under the provisions of the Idaho Code relating to corporations, or Grantor may create such Local Association as any unincorporated entity which Grantor deems appropriate. Grantor may, in it discretion, create a Local Association by means of a Supplemental Declaration, or create such Association by means of separate instruments. 6.2 Management. Powers and Duties. Each Local Association shall be managed in the same manner specified in the applicable Supplemental Declaration or other instrument and/or in the Articles and Bylaws of the Local Association, shall have the same powers, rights, obligations and duties and be subject to the same limitations and restrictions including levying Assessments, adopting rules and regulations, granting easements and licenses, managing property and water rights, paying expenses, taxes, Assessments, utility charges, insurance premiums and preparing budgets and financial statements as are provided for herein for the Master. Association, except as modified herein or by a Supplemental Declaration. The Board Members, officers, managers and Grantor shall be free of personal liability as to the Local Association in the same manner as described herein with respect to the Master Association. 6.3 Members of Local Associations. Where a Local Association is created, the Members thereof shall be all the Owners of Building Lots, including Grantor while it remains an Owner, in the respective Tracts designated in the applicable Supplemental Declaration. Memberships may be transferred only as specified in paragraph 5.2 for the Master Association. MASTER DECLARATION - 14 westpark\ranch\dec • • 6.4 Voting, in Local Associations. Each Local Association shall have two (2) classes of voting memberships as described below. The number of votes each Member may cast on a single vote will be determined according to the number of Building Lots existing on that portion of the Property the Member owns, in the same manner and amounts as votes are allocated to Members in paragraph 5.3. 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. 6.4.1 Class A Members. Class A Members shall be all Owners, except Grantor, owning portions of the Tract covered by the Local Association. The Grantor shall become a Class A Member when the Class B membership ceases, as described in paragraph 6.4.2, with Grantor remaining an Owner. Each Class A Member shall have one (1) vote for each Building Lot such Owner owns in that Tract. 6.4.2 Class B Member. The Class 6 Member shall be the Grantor. The Class B Member is entitled to five (5) votes for each Building Lot which Grantor owns in that Tract. The Class B membership in such Local Association shall cease when the total cumulative votes of the Class A Members for that Tract equal or exceed the total votes of the Class B Member, provided that the Class B membership shall not cease before the expiration of ten (10) years from the date on which the first Building Lot in the Tract covered by the Local Association is sold to an Owner. Fractional votes shall not be allowed. In the event that joint Owners are unable to agree among themselves as to how their vote or votes shall be cast, they shall lose their right to vote on the matter being put to a vote. When an Owner casts a vote, it will thereafter be presumed conclusively for all purposes that such Owner was acting with authority and consent of all other joint Owners of the Building Lot(s) from which the vote derived. The right to vote may not be severed or separated from the ownership of the Building Lot to which it is appurtenant, except that any Owner may give a revocable proxy, or may assign such Owner's right to vote to a lessee, mortgagee, beneficiary or contract purchaser of the Building Lot concerned, for the term of the lease, mortgage, deed of trust or contract. Any sale, transfer or conveyance of such Building Lot to a new Owner shall operate automatically to transfer the appurtenant voting right to the new Owner, subject to any assignment of the right to vote to a lessee, mortgagee or beneficiary as provided herein. 6.5 Annual Meetings of Local Association. There shall be an annual meeting of the Members of each Local Association at least ten (10) days but no more than sixty (60) days before every annual meeting of the Master Association. The first annual meeting of the Members in such Local Association shall be held on or before April 5th of the year following the first sale of a Building Lot in the Tract covered by such Local Association. Such meeting shall be held on the Tract which the Local Association covers, or at such other convenient location in or near the Property as may be designated in the notice of such meeting. Written notice of the time, place and purpose of each annual meeting shall be sent to each Member of the Local Association, and any person in possession of a Building Lot in the appropriate Trad, no fewer than ten (10) days and no more than thirty (30) days before the meeting as provided in the Local Association's Bylaws or Articles. 6.6 ~ecial Meetin>s. A special meeting of the Local Association Members may be called at any reasonable time and place by written notice delivered to all other Members not less than ten (10) days nor more than thirty (30) days before the date fixed for such special meeting, specifying the date, time and place thereof and the nature of the business to be conducted. Such notice shall be delivered in the manner specified in the Local Association's Articles or Bylaws. 6.7 Quorum and Officers of Meetines. The presence at any regular or special meeting, in person or by written proxy, of the Members entitled to vote at least twenty-five percent (25%) of the total votes within such Local Association shall constitute a quorum. If any meeting cannot be held because a quorum is not present, the Owners or Members present, either in person or by proxy, may adjourn the meeting to a time not less than ten (10) days nor more than thirty (30) days from the time the original meeting was scheduled. At such second MASTER DECLARATION - 15 westpark\ranch\dec • meeting a quorum shall constitute the number of members specified in the Local Association's Articles or Bylaws. The Members present at each meeting shall select a chairman to preside over the meeting and a secretary to transcribe minutes of the meeting. 6.8 Powers and Duties. Each such Local Association shall be managed by a Board of Directors and officers in the same manner as specified in paragraph 5.4 for the Master Association, shall have the same powers and duties with respect to its Members or the property owned, managed or maintained by it, including levying Assessments, adopting rules and regulations, granting easements, licenses and rights-of--way, payment of expenses, taxes, Assessments, utility charges, insurance premiums and the preparation and distribution of budgets and financial statements as are provided in paragraph 5.5 for the Master Association. Each such Local Association may certify to the Master Association the amount of such Assessments and charges for collection. The Board, Member, committee, officers, managers and Declarant shall be free of personal liability as to the Locat Association in the same manner as described in paragraph 5.6 for the Master Association. ARTICLE VII: RIGHTS TO COMMON AREAS 7.1 Use of The Ranch Common Area. Every Owner shall have a right to use each parcel of The Ranch Common Area, and to the extent permitted by the appropriate Supplemental Declaration or other instrument, shall have a right to use each parcel of Local Common Area owned and/or managed by a Local Association of which such Owner is a Member, which right shall be appurtenant to and shall pass with the title to every Building Lot, subject to the following provisions: 7.1.1 The right of an Association holding or controlling such Common Area to levy and increase Assessments; 7.1.2 The right of such Association to suspend the voting rights and rights to use of, or interest in, Common Area by an Owner for any period during which any Assessment or charge against such Owner's Building Lot remains unpaid; and for a period not to exceed sixty (60) days for any infraction of the Association Rules; and 7.1.3 The right of an Association to dedicate or transfer all or any part of the Common Area to any public agency, authority or utility for such purposes and subject to such conditions as may be permitted by the Articles and Bylaws and agreed to by the Members. No dedication or transfer of said Common Area shall be effective unless an instrument agreeing to such dedication or transfer signed by Members representing two-thirds {2/3) of each class of Members has been recorded. 7.1.4 The right of such Association to prohibit the construction of structures or Improvements, Improvements on all Common Areas. 7.1.5 The right of such Association to prohibit structures, Improvements, including manicured lawns and nursery plants. 7.2 Designation of Common Area. Grantor shall designate and reserve The Ranch Common Area, and Local Common Area in the Master Declaration, Supplemental Declarations and/or recorded Plats, deeds or other instruments andlor as otherwise provided herein. 7.3 Deleeation of Right to Use. Any Owner may delegate, in accordance with the respective Bylaws and Association Rules of the Master Association or any Local Association; as the case may be, such Owner's right of enjoyment to the Local Common Area, or The Ranch Common Area, to the members of such Owner's family in residence, and such Owner's tenants or contract purchasers who reside on such Owner's Building Lot. Only Grantor or an Association shall have the right to delegate the right of enjoyment to the Local MASTER DECLARATION - 16 westpark\ranch\dec • • Common Area, or The Ranch Common Area, to the general public, and such delegation to the general public shall be for a fee set by Grantor or Association. 7.4 Damages. Each Owner shall be fully liable for any damage to any Common Area which may be sustained by reason of the negligence or willful misconduct of the Owner, such Owner's resident tenant or contract purchaser, or such Owner's family and guests, both minor and adult. In the case of joint ownership of a Building Lot, the liability of such Owners shall be joint and several. The cost of correcting such damage shall be a Limited Assessment against the Building Lot and may be collected as provided herein for the collection of other Assessments. ARTICLE VIII: PRESSURIZED IRRIGATION 8.i Irrigation District Service. The Nampa & Meridian Irrigation District provides pressurized irrigation water service to all Lots in the Project. Lot Owners shall be required to pay an assessment based on Lot area to the District whether or not water is actually used. Lot Owners are prohibited from making any cross connection or tie in between the irrigation water system and their domestic water systems. WATER FROM THE IRRIGATION WATER SYSTEM IS NOT DRINKABLE; EACH LOT OWNER SHALL BE RESPONSIBLE TO ENSURE THAT IRRIGATION WATER WITHIN THE BOUNDARIES OF SUCH OWNER'S LOT IS NOT CONSUMED BY ANY PERSON OR USED FOR CULINARY PURPOSES. 8.2 No Private System. Lot Owners shal I not construct any ditch, drain, well or water system upon any Lot or Common Area for domestic use or irrigation purposes. 8.3 Water Master. The Association shal I elect or may contrail for h ire a Water Master to designate any rotation schedule required for the delivery of irrigation water. The Water Master shall serve as the liaison to Nampa & Meridian Irrigation District for all matters of The Ranch Subdivision. ARTICLE IX: ASSESSMENTS 9.1 Covenant to Pay Assessments. By acceptance of a deed to any property in The Ranch Subdivision, each Owner of such property hereby covenants and agrees to pay when due all Assessments or charges made by the Master Association and/or a Local Association, including all Regular, Special and Limited Assessments arrd charges made against such Owner pursuant to the provisions of this Master Declaration or other applicable instrument. 9.1.1 Assessment Constitutes Lien. Such Assessments and charges 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 property against which each such Assessment or charge is made. 9.1.2 Assessment is Personal Obligation. Each such Assessment, together with interest, costs and reasonably attorneys' fees, shall also be the personal obligation of the Owner of such property beginning with the time when the Assessment falls due. The personal obligation for delinquent Assessments shall not pass to such Owner's successors in title unless expressly assumed by them but shall remain such Owner's personal obligation regardless of whether he remains an Owner. 9.2 Regular Assessments: -All Owners, including the Grantor, are obligated to pay Regular Assessments to the treasurer of the Association on a schedule of payments established by the Board. 9.2.1 Purpose of Regular Assessments. The proceeds from Regular Assessments are to be used to pay for all costs and expenses incurred by an Association, including legal and attorneys fees and other professional fees, for the conduct of its affairs, including without limitation the costs and MASTER DECLARATION - 17 westpark\ranch\dec • • expenses of construction, improvement, protection, maintenance, repair, management and operation of the Common Areas, including all Improvements located on such areas owned and/or managed and maintained by such Association, and an amount allocated to an adequate reserve fund to be used 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 on a regular basis (collectively "Expenses"). 9.2.2 Computatl_ 'on of Regular Assessments. The Association shall compute the amount of its Expenses on an annual basis. The Board shall compute the amount of Regular Assessments owed beginning the first day of the third month following the month in which the closing of the first sale of a Building Lot occurred in The Ranch Subdivision for the purposes of the Master Association's Regular Assessment, and in the applicable Tract for the purposes of a Local Association's Regular Assessment ("Initiation Date"). Thereafter, the computation of Regular Assessments shall take place not less than thirty (30) nor more than sixty (60) days before the beginning of each fiscal year of an Association. The computation of the Regular Assessment for the period from the Initiation Date until the beginning of the next fiscal year shall be reduced by an amount which fairly reflects the fact that such period was less than one year. 9.2.3 Amounts Paid by Owners. The Board can require, in its discretion or as provided in the Articles or Bylaws, 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 fiscal year shall be computed as follows: 9.2.3.1 As to the Master Association's Regular Assessment, each Owner shal I be assessed and shall pay an amount computed by multiplying the Association's total advance estimate of Expenses by the fraction produced by dividing the Building Lots attributable to the• Owner by the total number of Building Lots in the Property. 9.2.3.2 As to any Local Association, each Owner who is also a Member of such Association, including Grantor while it is such an Owner, shall be assessed and shall pay an amount computed by multiplying such Association's total advance estimate of Expenses by the fraction produced by dividing the number of Building Lots in the applicable Tract attributable to such Owner by the total number of Building Lots in such Tract. 9.3 Special Assessments. 9.3.1 Purpose and Procedure. In the event that the Board of an Association shall determine that its respective Regular Assessment for a given calendar year is or will be inadequate to meet the Expenses of such 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, or for any other reason, the Board thereof shall determine the approximate amount necessary to defray such Expenses and levy a Special Assessment against the portions of the Property within its jurisdiction which shall be computed in the same manner as Regular Assessments. No Special Assessment shall be levied which exceeds twenty percent (20%) of the budgeted gross Expenses of such Association for that fiscal year, without the vote or written assent of the Owners representing a majority of the votes of the Members of such Association. The Board shall, in its discretion, determine the schedule under which such Special Assessment will be paid. 9.3.2 Consistent Basis of Assessment. Every Special Assessment levied by and for an Association shall be levied and paid upon the same basis as that prescribed for the levying and payment of Regular Assessments for such Association. MASTER DECLARATION - 18 westpark\ranch\dec • • 9.4 Limited Assessments. Notwithstanding the above provisions with respect to Regular and Special Assessments, a Board may levy a Limited Assessment against a Member as a remedy to reimburse the Association for costs incurred in bringing the Member and/or such Member's Building Lot into compliance with the provisions of the governing instruments for The Ranch Subdivision. 9.5 Uniform Rate of Assessment. Unless otherwise specifically provided herein, Regular and Special Assessments shall be fixed at a uniform rate per Building Lot for all Members of the Association. 9.6 Assessment Period. Unless otherwise provided in the Articles or Bylaws, the Assessment period shall commence on January 1 of each year and terminate December 31 of the year in which the Initiation Date occurs. The first Assessment shall be pro-rated according to the number of months remaining in the fiscal year and shall be payable in equal monthly installments. 9.7 Notice and Assessment Due Date. Ten (10) days prior written notice of Regular and Special Assessments shall be sent to the Owner of every Building Lot subject thereto, and to any person in possession of such Building Lot. The due dates for installment payment of Regular Assessments and Special Assessments shall be the first day of each month unless some other due date is established by the Board. Each monthly installment of the Regular Assessment or Special Assessment shall become delinquent if not paid within ten (10) days after the levy thereof. There shall accrue with each delinquent installment payment a late charge equal to ten percent (10%) of the delinquent installment. In addition, each installment payment which is delinquent for more than twenty (20) days shall accrue interest at eighteen percent (18°/0) per annum calculated the date of delinquency to and including the date full payment is received by an Association. An 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. Each Owner is personally liable for Assessments, together with all interest, costs and attorneys' fees, and no Owner may exempt such Owner from such liability by a waiver of the use and enjoyment of the Common Areas, or by lease or abandonment of such Owner's Building Lot. 9.8 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 Master Declaration, and further stating the dates to which any Assessments have been paid by the Owner. Any such certificate delivered pursuant to this paragraph 9.8 may be relied upon by any prospective purchaser or 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. 9.9 Special Notice and Quorum Requirements. Notwithstanding anything to the contrary contained in either the Bylaws or the Articles, written notice of any meeting called for the purpose of levying a Special Assessment, or for the purpose of obtaining a membership vote in connection with an increase in the Regular Assessment, shall be sent to all Members of an Association and to any person in possession of a Building Lot in the applicable Tract, not less than fifteen (15) days nor more than thirty (30) days before such meeting. At the first such meeting called, the presence of Members or of proxies entitled to cast sixty percent (60%) of the total votes of the Association shall constitute a quorum. If such quorum is not present, subsequent meetings may be called subject to the same notice requirement, and the required quorum at the subsequent meetings shall be fifty percent (50°/0) of the quorum required at the preceding meeting. No such subsequent meeting shall be held more than thirty (30) days following the preceding meeting. ARTICLE X: ENFORCEMENT OF ASSESSMENTS; LIENS 10.1 Right to Enforce. The Master Association has the right to collect and enforce its Assessments pursuant to the provisions hereof. Each Owner of a Building Lot, upon becoming an Owner of such Building Lot, shall be deemed to covenant and agree to pay each and every Assessment provided for in this Master Declaration and agrees to the enforcement of all Assessments in the manner herein specified. In the event an attorney or MASTER DECLARATION - 19 westpark\ranch\dec • attorneys are employed for 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 Master Declaration, each Owner agrees to pay reasonable attorney's fees in addition to any other relief or remedy obtained against such Owner. The Board or its authorized representative may enforce the obligations of the Owners to pay such Assessments by commencement and maintenance of a suit at law or in equity, or the Board may exercise the power of foreclosure and sale pursuant to paragraph 10.3 to enforce the liens created hereby. A suit to recover a money judgment for an unpaid Assessment shall be maintainable without foreclosing or waiving the lien hereinafter provided. 10.2 Assessment Liens. 10.2.1 Crea ion. There is hereby created a claim of lien with power of sale on each and every Building Lot to secure payment of any and all Assessments levied against such Building Lot pursuant to this Master Declaration together with interest thereon at the maximum rate permitted by law and all costs of collection which may be paid or incurred by the Association making the Assessment in connection therewith, including reasonable attorneys' fees. All sums assessed in accordance with the provisions of this Master Declaration shall constitute a lien on such respective Building Lots upon recordation of a claim of lien with the Ada County Recorder. Such lien shall be prior and superior to all other liens or claims created subsequent to the recordation of the notice of delinquency and 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. 10.2.2 Claim of Lien. Upon default of any Owner in the payment of any Regular, Special or Limited Assessment issued hereunder, the Association may cause to be recorded in the office of the Ada 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 such notice), a sufficient description of the Building Lot(s) against which the same have been assessed, and the name of the record Owner thereof. Each delinquency shall constitute a separate basis for a notice and claim of lien, but any number of defaults may be included within a single notice and claim of lien. Upon payment to the Association of such delinquent sums and charges in connection therewith or other satisfaction thereof, the Association shall cause to be recorded a further notice stating the satisfaction of relief of such delinquent sums and charges. The Association may demand and receive the cost of preparing and recording such release before recording the same. 10.3 Method of Foreclosure. Such lien may be foreclosed by appropriate action in court or by sale by the Association establishing the Assessment, its attorney or other person authorized to make the sale. Such sale shall be conducted in accordance with the provisions of the Idaho Code applicable to the exercise of powers of sale permitted by law. The Board is hereby 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. 10.4 Required Notice. Notwithstanding anything contained in this Master Declaration to the contrary, no action may be brought to foreclose the lien created by recordation of the notice of delinquency and claim of 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 such notice of delinquency and claim of lien, and to the person in possession of such Building Lot(s), and a copy thereof is recorded by the Association in the Office of the Ada County Recorder. 10.5 Subordination to Certain Trust Deeds. The lien for the Assessments provided for herein in connection with a given Building Lot shall not be subordinate to the lien of any deed of trust or mortgage except MASTER DECLARATION - 20 westpark\ranch\dec • the lien of a 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 recordation of a claim of lien for the Assessments. Except as expressly provided in paragraph 10.6 with respect to a first mortgagee who acquires title to a Building Lot, the sale or transfer of any Building Lot shall not affect the Assessment lien provided for herein, nor the creation thereof by the recordation of a claim of lien, on account of the Assessments becoming due whether before, on, or after the date of such sale or transfer, nor shall such sale or transfer diminish or defeat the personal obligation of any Owner for delinquent Assessments as provided for in this Master Declaration. 10.6 Rights of Mortgagees. Notwithstanding any other provision of this Master Declaration, no amendment of this Master Declaration shall operate to defeat the rights of the Beneficiary under any deed of trust upon a Building Lot made in good faith and for value, and recorded prior to the recordation of such amendment, provided that after the foreclosure of any such deed of trust such Building Lot shall remain subject to this Master Declaration as amended. ARTICLE XI: INSPECTION OF ASSOCIATION'S BOOKS AND RECORDS 11.1 Member's Right of Inspection. The membership register, books of account and minutes of meetings of the Board and committees of an Association shall be made available for inspection and copying by any Member of the Association or by such Member's duly appointed representatives, at any reasonable time and for a purpose reasonably related to such Member's interest as a Member at the office of the Association or at such other place as the Board of such Association shall prescribe. No Member or any other person shall copy the membership register for the purposes of solicitation of or direct mailing to any Member of an Association. 11.2 Rules Re ag riling Inspection of Books and Records. The Board shall establish reasonable rules with respect to: 11.2.1 Notice to be given to the custodians of the records by the persons desiring to make the inspection. 1 1.2.2 Hours and days of the week when such an inspection may be made. Article XI. 11.2.3 Payment of the cost of reproducing copies of documents requested pursuant to this 11.3 Director's Rights of Inspection. Every director shall have the absolute right at any reasonable time to inspect all books, records and documents of the Association, and the physical properties owned or controlled by the Association. The right of inspection by a director includes the right to make extracts and copies of documents. ARTICLE XII: ARCHITECTURAL COMMITTEE 12.1 Creation. Within thirty (30) days of the date on which the Grantor first conveys a Building Lot to an Owner, Grantor shall appoint three (3) individuals to serve on The Ranch Architectural Committee ("Architectural Committee"). Each member shall hold office until such time as such member has resigned or has been removed, or such member's successor has been appointed, as provided herein. A member of the Architectural Committee need not be an Owner. Members of the Architectural Committee may be removed by the person or entity appointing them at any time without cause. 12.2 Grantor's Right of Appointment. At any time, and from time to time, prior to ten (10) years after the recording date of this Master Declaration in which Grantor is the Owner of at least ten percent (10%) of the aggregate Building Lots, Grantor shall have the exclusive right to appoint and remove all members of the MASTER DECLARATION - 21 westpark\ranch\dec • • Architectural Committee. At all other times, the Master Association Board shall have the right to appoint and remove all members of the Architectural Committee. If a vacancy on the Architectural Committee occurs and a permanent replacement has not yet been appointed, Grantor or the Board, as the case may be, may appoint an acting member to serve for a specified temporary period not to exceed one (1) year. 12.3 Review of Proposed Construction. The Architectural Committee shall consider and act upon any and all proposals or plans and specifications submitted for its approval pursuant to this Master Declaration, and perform such other duties as from time to time shalt be assigned to it by the Board, including the inspection of construction in progress to assure its conformance with plans approved by the Architectural Committee. The Board shall have the power to determine, by rule or other written designation consistent with this Master Declaration, which types of Improvements shall be submitted for Architectural Committee review and approval. T-he Architectural Committee shall have the power to hire an architect, licensed with the State of Idaho, to assist the Architectural Committee in its review of proposals or plans and specifications submitted to the Architectural Committee. The Architectural Committee shall approve proposals or plans and specifications submitted for its approval only if it deems that the construction, alterations or additions contemplated thereby in the locations indicated will not be detrimental to the habitat of the Common Areas, or appearance of the surrounding area of the Property as a whole, that the appearance of any structure affected thereby will be in harmony with the surrounding structures, and that the upkeep and maintenance thereof will not become a burden on either the Master Association or any Local Association. 12.3.1 Conditions on Approval. The Architectural Committee may condition its approval of proposals or plans and specifications upon such changes therein as it deems appropriate, and/or upon the agreement of the Owner submitting the same ("Applicant") to grant appropriate easements to an Association for the maintenance thereof, and/or upon the agreement of the Applicant to reimburse an Association for the cost of maintenance, and may require submission of additional plans and specifications or other information before approving or disapproving material submitted. 12.3.2 Architectural Committee Rules and F es. The Architectural Committee also may establish rules and/or guidelines setting forth procedures for and the required content of the applications and plans submitted for approval. Such rules may require a fee to accompany each application for approvals or additional factors which it will take into consideration in reviewing submissions. The Architectural Committee shall determine the amount of such fee in a reasonable manner. Such fees shall be used to defray the costs and expenses of the Architectural Committee, including the cost and expense of hiring an architect licensed by the State of Idaho, as provided above, or for such other purposes as established by the Board, and such fee shall be refundable to the extent not expended for the purposes herein stated. Such rules and guidelines may establish, without limitation, specific rules and regulations regarding design and style elements, landscaping and fences and other structures such as animal enclosures as well as special architectural guidelines applicable to Building Lots located adjacent to public andJor private open space. 12.3.3 Detailed Plans. The Architectural Committee may require such detail in plans and specifications submitted for its review as it deems proper, including, without limitation, floor plans, site plans, landscape plans, drainage plans, elevation drawings and descriptions or samples of exterior material and colors. Until receipt by the Architectural Committee. of any required plans and specifications, the Architectural Committee may postpone review of any plan submitted for approval. 12.3.4 Architectural Committee Decisions. Decisions of the Architectural Committee and the reasons therefor shall be transmitted by the Architectural Committee to the Applicant at the address set forth in the application for approval within twenty (20) days after filing all materials required by the Architectural Committee. Any materials submitted pursuant to this Article XII shall be deemed approved • • unless written disapproval by the Architectural Committee shall have been mailed to the Applicant within twenty (20) days after the date of filing said materials with the Architectural Committee. 12.4 Meetings of the Architectural Committ .The Architectural Committee shall meet from time to time as necessary to perform its duties hereunder. The Architectural Committee may from time to time by resolution unanimously adopted in writing, designate a Architectural Committee representative (who may, but need not be one of its members) to take any action or perform any duties for and on behalf of the Architectural Committee, except the granting of variances pursuant to paragraph 12.9. In the absence of such designation, the vote of any two (2) members of the Architectural Committee, or the written consent of any two (2) members of the Architectural Committee taken without a meeting, shall constitute an act of the Architectural Committee. 12.5 No Waiver of Future Approvals. The approval of the Architectural Committee of any proposals or plans and specifications or drawings for any work done or proposed, or in connection with any other matter requiring the approval and consent of the Architectural Committee, shall not be deemed to constitute a waiver of any right to withhold approval or consent as to any similar proposals, plans and specifications, drawings or matter whatever subsequently or additionally submitted for approval or consent. 12.6 Compensation of Members. The members of the Architectural Committee shall receive no compensation for services rendered, other than reimbursement for expenses incurred by them in the performance of their duties hereunder and except as otherwise agreed by the Board. 12.7 Inspection of Work. Inspection of work and correction of defects therein shall proceed as follows: 12.7.1 Upon the completion of any work for which approved plans are required under this Article XII, the Owner shall give written notice of completion to the Architectural Committee. 12.7.2 Within sixty (60) days thereafter, the Architectural Committee or its duly authorized representative may inspect such Improvement. If the Architectural Committee finds that such work was not done in substantial compliance with the approved plans, it shall notify the Owner in writing of such non-compliance within such sixty (60) day period, specifying the particular noncompliance, and shall require the Owner to remedy the same. 12.7.3 If upon the expiration of thirty (30) days from the date of such notification, or any longer time the Architectural Committee determines to be reasonable, the Owner shall have failed to remedy such noncompliance, the Architectural Committee shall notify the Board in writing of such failure. Upon notice and hearing, as provided in the Bylaws, the Board shall determine whether there is a noncompliance and, if so, the nature thereof and the estimated cost of correcting or removing the same. If a noncompliance exists, the Owner shall remedy or remove the same within a period of not more than forty-five (45) days from the date of the announcement of the Board ruling unless the Board specifies a longer time as reasonable. If the Owner does not comply with the Board ruling within such period, the Board, at its option, may either remove the noncomplying improvement or remedy the noncompliance, and the Owner shall reimburse the Master Association, upon demand, for all expenses incurred in connection therewith. If such expenses are not promptly repaid by the Owner to the Master Association, the Board shall levy a Limited Assessment against such Owner for reimbursement pursuant to this Master Declaration. 12.7.4 If for any reason the Architectural Committee fails to notify the Owner of any noncompliance within sixty (60) days after receipt of the written notice of completion from the Owner, the work shall be deemed to be in accordance with the approved plans. MASTER DECLARATION - 23 westpark\ranch\dec _.. .._ ,~ a--. . • • 12.8 Non-Liability of Architectural Committee Members. Neither the Architectural Committee nor any member thereof, nor its duly authorized Architectural Committee representative, shall be liable to any Association, or to any Owner or Grantee for any loss, damage or injury arising out of or in any way connected with the performance of the Architectural Committee's duties hereunder, unless due to the willful misconduct or bad faith of the Architectural Committee. The Architectural Committee shall review and approve or disapprove all plans submitted to it for any proposed improvement, alteration or addition, solely on the basis of aesthetic considerations and the overall benefit or detriment which would result to the immediate vicinity and to the Property generally. The Architectural Committee shall take into consideration the aesthetic aspects of the architectural designs, placement of building, landscaping, color schemes, exterior finishes and materials and similar features, but shall not be responsible for reviewing, nor shall its approval of any plan or design be deemed approval of any plan or design from the standpoint of structural safety or conformance with building or other codes. 12.9 Variances. The Architectural Committee may authorize variances from compliance with any of the architectural provisions of this Master Declaration, including restrictions upon height, size, floor area or placement of structures, or similar restrictions, when circumstances such as topography, natural obstructions, hardship, aesthetic or environmental considerations may require. However no variances will be granted for construction of structures or Improvements, including without limitation manicured lawns, in the Common Areas. Such variances must be evidenced in writing, must be signed by at least two (2) members of the Architectural Committee, and shall become effective upon recordation in the office of the County Recorder of Ada County. If such variances are granted, no violation of the covenants, conditions or restrictions contained in this Master Declaration shall be deemed to have occurred with respect to the matter for which the variance was granted. The granting of such a variance shall not operate to waive any of the terms and provisions of this Master Declaration for any purpose except as to the particular Building Lot and particular provision hereof covered by the variance, nor shall it affect in any way the Owner's obligation to comply with all governmental laws and regulations affecting such Owner's use of the Building Lot, including but not limited to zoning ordinances or requirements imposed by any governmental or municipal authority. 12.10 Local Architectural Committee. The Grantor may, at its option, create a three (3) member Local Architectural Committee for the Property contained in any Tract designated by a Supplemental Declaration. Upon its formation, all proposals, plans and specifications for Improvements within the Tract requiring approval of the Architectural Committee described above must be submitted to the Local Architectural Committee for approval, rather than being submitted to the Architectural Committee. Thus, all proposals, plans and specifications for Improvements require the approval of either the Architectural Committee or the Local Architectural Committee, if such has been created, but not both such Committees. Each provision of this Article XII shall apply to the Local Architectural Committee as if it were the Architectural Committee and to the Local Association as if it were the Master Association, except to the extent that such interpretation would be in conflict with the provisions of this Article XII. ARTICLE XIII: EASEMENTS 13.1 Easements of Encroachment. There shall be reciprocal appurtenant easements of encroachment as between each Building Lot and such portion or portions of the Common Area adjacent thereto or as between adjacent Building Lots due to the unwillful placement or settling or shifting of the Improvements including but not limited to structures, walkways, bike paths, sidewalks and driveways constructed, reconstructed or altered thereon in accordance with the terms of this Master Declaration. Easements of encroachment shall be valid only so long as they exist, and the rights and obligations of Owners shall not be altered in any way because of encroachments, settling or shifting of the Improvements; provided, however, that in no event shall a valid easement for encroachment occur due to the willful act or acts of an Owner. In the event a structure on any Building Lot is partially or totally destroyed, and then repaired or rebuilt, the Owners of each Building Lot agree that minor encroachments over adjoining Building Lots that existed prior to the encroachment may be reconstructed pursuant to the easement granted by this paragraph 13.1. MASTER DECLARATION - 24 westpark\ranch\dec • • 13.2 Easements of A esp. Grantor expressly reserves for the benefit of all the Property reciprocal easements of access, ingress and egress for all Owners to and from their respective Building Lots for installation and repair of utility services, for drainage of water over, across and upon adjacent Building Lots, and Common Areas, resulting from the normal use of adjoining Building Lots or Common Areas, and for necessary maintenance and repair of any Improvement including fencing, retaining walls, lighting facilities, mailboxes and sidewalk abutments, trees and landscaping. Such easements may be used by Grantor, and by all Owners, their guests, tenants and invitees, residing on or temporarily visiting the Property, for pedestrian walkways, vehicular access and such other purposes reasonably necessary for the use and enjoyment of a Building Lot or Common Area. 13.3 Drainage and Utility Easements. Notwithstanding anything expressly or impliedly contained herein to the contrary, this Master Declaration shall be subject to all easements heretofore or hereafter granted by Grantor for the installation and maintenance of utilities and drainage facilities that are required for the development of the Property. In addition, Grantor hereby reserves for the benefit of any Association the right to grant additional easements and rights-of-way over the Property and/or a Tract, as appropriate, to utility companies and public agencies as necessary or expedient for the proper development of the Property until close of escrow for the sale of the last Building Lot in the Property to a purchaser. 13.3.1 Improvement of Drainage and Utility Easement Areas. The Owners of Building Lots are hereby restricted and enjoined from constructing any Improvements upon any drainage or utility easement areas as shown on the Plat of The Ranch Subdivision or otherwise designated in any recorded document which would interfere with or prevent the easement from being used for such purpose; provided, however that the Owner of such 6-uilding Lots and the Grantor, Master Association or designated entity with regard to the landscaping easement described in this Article XIII, shall be entitled to install and maintain landscaping on such easement areas, and also shall be entitled to build and maintain fencing on such easement areas subject to approval by the Master Association Architectural Committee, so long as the same would not interfere with or prevent the easement areas from being used for their intended purposes; provided, that any damage sustained to Improvements on the easement areas as a result of legitimate use of the easement area shall be the sole and exclusive obligation of the Owner of the Building Lot whose Improvements were so damaged. 13.4 Riehts and Duties Concernine Utility Easements. The rights and duties of the Owners of the Building Lots within the Property with respect to utilities shall be governed by the following: 13.4.1 Wherever utility house connections are installed within the Property, which connections or any portions thereof lie in or upon Building Lots owned by an Owner other than the Owner of the Building Lot served by the connections, the Owner of the Building Lot served by the connections shall have the right, and is hereby granted an easement to the full extent necessary therefor, to enter upon any Building Lot or to have their agent enter upon any Building Lot within the Property in or upon which said connections or any portion thereof lie, to repair, replace and generally maintain the connections as and when it may be necessary. 13.4.2 Whenever utility house connections are installed within the Property, which connections serve more than one Building Lot, the Owner of each Building Lot served by the connections shall be entitled to full use and enjoyment of such portions of said connections as service such Owner's Building Lot. 13.5 Driveway Easements. Whenever a driveway is installed within the Property which in whole or in part lies upon a Building Lot owned by an Owner other than the Owner of the Building Lot served, or installed to serve more than one Building Lot, the Owner of each Building Lot served or to be served by such driveway shall be entitled to full use and enjoyment of such other Building Lot as required to service such Owner's Building Lot or to repair, replace or maintain such driveway. MASTER DECLARATION - 25 westpark\ranch\dec • • 13.6 Disputes as to Sharing of Costs. In the event of a dispute between Owners with respect to the repair or rebuilding of utility connections or driveways, or with respect to the sharing of the cost therefor, upon written request of one of such Owners addressed to the Master Association, the matter shall be submitted to the Board which shall decide the dispute and, if appropriate, make an appropriate Assessment against any or all of the Owners involved on behalf of the prevailing Owner(s), which Assessment shall be collected and enforced in the manner provided by this Master Declaration for Limited Assessments. 13.7 General Landscape Easement. An easement is hereby reserved to each appropriate Association, its contractors and agents, to enter those portions of Building Lots, for the purpose of installing, maintaining, replacing and restoring exterior landscaping, and natural vegetation and habitat. Such landscaping activity shall include, by way of illustration and not of limitation, the mowing of lawns, irrigation, sprinkling, tree and shrub trimming and pruning, walkway improvement, seasonal planting and such other landscaping activities within the Property as such Association shall determine to be necessary from time to time. 13.8 Overhang Easement. There shall be an exclusive easement appurtenant to each Building Lot over the Common Areas for overhanging eaves, and for any projections from the buildings, which projections shall not extend beyond the eave line. 13.9 Maintenance and Use Easement Between Walls and Lot Lines. Whenever the wall of a structure, or a fence or retaining wall, constructed on a Building Lot under plans and specifications approved by the Architectural Committee is located within three (3) feet of the lot line of such Building Lot, the Owner of such Building Lot is hereby granted an easement over and on the adjoining Building Lot (not to exceed 3 feet from the Building Lot line) for purposes of maintaining and repairing such wall or fence and eaves or other overhangs, and the Owner of such adjoining Building Lot is hereby granted an easement for landscaping purposes over and on the area lying between the lot line and such structure or fence so long as such use does not cause damage to the structure of fence. ARTICLE XIV: MISCELLANEOUS 14.1 Term. The easements created hereunder shall be perpetual, subject only to extinguishment by the holders of such easements as provided by law. The covenants, conditions, restrictions and equitable servitudes of this Master Declaration shall run until December 31, 2016, unless amended as herein provided. After December 31, 2016, such covenants, conditions and restrictions shall be automatically extended for successive periods of ten (10) years each, unless amended or extinguished by a written instrument executed by Members holding at least three-fourths (3/4) of the voting power of the Master Association and such written instrument is recorded with the Ada County Recorder. Further provided that the Master Association shall not be dissolved without the prior written approval of the City of Meridian and~Ada County Highway District, such consent not to be unreasonably withheld provided that a responsible successor organization shall agree to perform those maintenance responsibilities arising from applicable city and county governmental requirements. 14.2 Amendment. 14.2.1 By Grantor. Except as provided in paragraph 14.3 below, until the recordation of the first deed to a Building Lot in the Property, the provisions of this Master Declaration may be amended, modified, clarified, supplemented, added to (coliectively, "amendment") or terminated by Grantor by recordation of a written instrument setting forth such amendment or termination.. Any amendment affecting only a particular Tract may be made by Grantor by an amendment to this Master Declaration at any time up to the recordation of the first deed to a Building Lot in such Tract. 14.2.2 By Owners. Except where a greater percentage is required by express provision in this Master Declaration, the provisions of this Master Declaration, other than this Article XIV, any MASTER DECLARATION - 26 westpark\ranch\dec • • amendment shall be by an instrument in writing signed and acknowledged by the president and secretary of the Master Association certifying and attesting that such amendment has been approved by the vote or written consent of Owners representing more than fifty percent (50%) of the votes in the Master Association, and such amendment shall be effective upon its recordation with the Ada County Recorder. Any amendment to this Article XIV shall require the vote or written consent of Members holding ninety-five percent (95%) of the voting power of the Master Association. 14.2.3 Effect of Amendment. Any amendment of this tv1aster Declaration approved in the manner specified above shall be binding on and effective as to all Owners and their respective properties notwithstanding that such Owners may not have voted for or consented to such amendment. Such amendments may add to and increase the covenants, conditions, restrictions and easements applicable to the Property but shall not prohibit or unreasonably interfere with the allowed uses of such Owner's property which existed prior to the said amendment. 14.3 Mort;aee Protection. Notwithstanding any other provision of this Master Declaration, no amendment of this Master Declaration shall operate to defeat or render invalid the rights of the beneficiary under any first deed of trust upon a Building Lot made in good faith and for value, and recorded prior to the recordation of such amendment, provided that after foreclosure of any such first deed of trust such Building Lot shall remain subject to this Master Declaration, as amended. 14.4 Notices. Any notices permitted or required to be delivered as provided herein shall be in writing and may 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, addressed to any person at the address given by such person to the Master Association for the purpose of service of such notice, or to the residence of such person if no address has been given to the Master Association. Such address may be changed from time to time by notice in writing to the Master Association, as provided in this paragraph 14.4. 14.5 Enforcement and Non-Waiver. 14.5.1 Right of Enforcement. Except as otherwise provided herein, any Owner of any Building Lot shall have the right to enforce any or all of the provisions hereof against any property within the Property and Owners thereof. 14.5.2 Violations and Nuisances. The failure of any Owner of a Building Lot to comply with any provision hereof, or with any provision of the Articles or Bylaws of any Association, is hereby declared a nuisance and will give rise to a cause of action in the Grantor, the Association or any Owner Building Lot(s) within the Property for recovery of damages or for negative or affirmative injunctive relief or both. However, any other provision to the contrary notwithstanding, only Grantor, the Master Association, the Board, or a duly authorized agent of any of them, may enforce by self-help any of the provisions hereof only if such self-help is preceded by reasonable notice to the Owner. 14.5.3 Violation of Law. Any violation of any state, municipal or local law, ordinance or regulation pertaining to the ownership, occupation or use of any property within the Property is hereby declared to be a violation of this Master Declaration and subject to any or all of the enforcement procedures set forth in this Master Declaration and any or all enforcement procedures in law and equity. 14.5.4 Remedies Cumulative. Each remedy provided herein is cumulative and not exclusive. 14.5.5 Non-Waiver. The failure to enforce any of the provisions herein at any time shall not constitute a waiver of the right to enforce any such provision. MASTER DECLARATION - 27 westpark\ranch\dec • • 14.6 Interpretation. The provisions of this Master Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the development and operation of the Property. This Master Declaration shall be construed and governed under the laws of the State of Idaho. 14.6.1 Restrictions Construed Together. All of the provisions hereof shall be liberally construed together to promote and effectuate the fundamental concepts of the development of the Property as set forth in the recitals of this Master Declaration. 14.6.2 _Restrictions Severable. Notwithstanding the provisions of the foregoing paragraph 14.6.1, each of the provisions of this Master Declaration shall be deemed independent and severable, and the invalidity or partial invalidity of any provision or portion thereof shall not affect the validity or enforceability of any other provision herein. 14.6.3 Sin;?ular Includes Plural. 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 each including the masculine, feminine and neuter. 14.6.4 Captions. All captions and titles used in this Master Declaration are intended solely for convenience of reference and shall not affect that which is set forth in any of the provisions hereof. 14.7 Successors and Assi ns. All references herein to Grantor, Owners, any Association or person shall be construed to include all successors, assigns, partners and authorized agents of such Grantor, Owners, Association or person. IN WITNESS WHEREOF, Grantor has set its hand this day of , 1996. WESTPARK COMPANY, INC., an Idaho corporation, By: Greg Johnson, President STATE OF IDAHO ) ss. County of Ada ) On this day of , 1996, before me, the undersigned, a Notary Public in and for said State, personally appeared GREG JOHNSON, known or identified to me to be the President of WESTPARK COMPANY, INC., the corporation that executed the instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho MASTER DECLARATION - 28 westpark\ranch\dec w' u • • Residing at Boise, Idaho My commission expires: MASTER DECLARATION - 29 westpark\ranch\dec • • EXHIBIT A LEGAL DESCRIPTION OF PROPERTY MASTER DECLARATION - 30 westpark\ranch\dec EXHIBIT B LEGAL DESCRIPTION OF THE RANCH COMMON AREA • LOTS ,BLOCK _, AND LOTS ,BLOCK ,AND LOT ,BLOCK OF THE RANCH NO. 1 SUBDIVISION AS SHOWN ON THE OFFICIAL PLAT THEREOF AS FILED IN BOOK OF PLATS AT PAGES ,RECORDS OF ADA COUNTY, IDAHO. MASTER DECLARATION - 31 westpark\ranch\dec • EXHIBIT C LEGAL DESCRIPTION OF THE RANCH TRACTS ALL OF THE RANCH NO. 1 SUBDIVISION AS SHOWN ON THE OFFICIAL PLAT OF SUBDIVISION, RECORDED ON , 1996, AS PLAT NUMBER ,RECORDS OF ADA COUNTY, IDAHO. MASTER DECLARATION - 32 westpark\ranch\dec RECEYVED S~IVISION EVALUATION S~T APR 1 1 1996 Proposed Development Name THE RANCH SUB City ~Efl~g[9 "' ~~R~~~~N formerly HIGHLAND RANCH Date Reviewed 3/21 /96 Preliminary Stage XXXXX Final Engineer/Developer .I -~- Nnwarri Fngr /The Westoark Company, Inc. The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. "S SIMMENTAL AVENUE" "E LIMOUSINE DRIVE" E LIMOUSINE COURT" "E SHORTHORN COURT" "S KETCHUM PLACE" "E POTLATCH COURT" "E POTLATCH DRIVE" "S DWORSHACK WAY" "S. DWORSHACK PLACE" "ALTU RAS" i s a dunlication and cannot be used "HOR SESHOE " is similar to HORSEHSOE BEND and therefore cannot be used_(it is on the plat in 2 plac?s L "CO RRAL" is similar to CORAL and therefore cannot be used. "RRAU ~ MA" is cimilar to BRAEMERE and therefore cannot be used. "WARREN" is a duplication and cannot be aced MERIDIAN PLANNING 8 ZONING COMMISSION MEETING: .MARCH 12.1996 APPLICANT: WESTPARK COMPANY AGENDA ITEM NUMBER: 4 ~ 5 REQUEST: PRELIMINARY PLAT/CONDITIONAL USE PERMIT FOR THE RANCH SUBDMSION AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS `~ ~p''~ ~``~Sr f ~~'" ~, ~~`~ u OTHER: P ~~ ~~ ~" q~i A~ Materials presented at public meetings shall become property of the City of Meridian. The Westpark Company, Inc. Real Estate Development P.O. Box 344, Meridian, ID 83642 (208) ~$~$~~ 888-9946 12 March 1996 Meridian Planning and Zoning Commission Mr. Jim Johnson, Chairman City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 Dear Commissioners: R~F.~CF.1~ MAR 1 219.96 (~'ly OF MFBIDWI ~~ During the last 1? months, we have been working very hard on "The Ranch" (formerly known as "Highlands Ranch") Subdivision. This is a Planned Development Community for the City of Meridian. Due to the many requirements by various government agencies, a large portion of this project is no longer feasible to develop. The Westpark Company hereby withdraws the property East of the Ridenbaugh Canal to Eagle Road from "The Ranch" Subdivision annexation and platting request. We have decided to continue platting "The Ranch" Subdivision as a Planned Developna~= Community for only the property which is West of the Ridenbaugh Canal to Locust Grove Road. This request will follow all Planned Development. requirements and will follow the preliminary plat drawings you have already reviewed with very few minor changes. The minor changes include: increasing. lot sues, eliminating the attached townhomes, and securing a second road access to Victory Road. Ten percent (i 0%) of the property will be in useable open space aml included as part of our planned development as required. We request that you table action on "The Ranch" Subdivision to your April 9, 1996, Planning and Zoning Commission meeting so we can sit down with your staff some time during next week and review our plat drawing to make sure we have met all staff and City r~uireme~nts. We ask that we be placed on your April 9, 1996, agenda for approval of our Preliminary Plat. By withdrawing property from our annexation and platting request, we have been assured that this action does not. constitute submitting new applications to the City of Meridian. We plan. to continue with our current applications with the provision and understanding that we are withdrawing. property from the total project. We look forward to working with you and your staff in the coming days. We also look forward to a recommendation for approval from the Planning and Zoning Commission at your April 9, i 996, Commission meeting. Thank you reg n Managing Partner MRILING OUTPOST WILL AI1I~G; City Clerk RIi~ : IIRI DG.C ON RI DIaNBAUGH CANAL 602 927 7337 RECEIVED F E ~ 2 1 1996 CITY OF MERIDIAN P.02 k'eb, 21 , 1 X96 We wish to go on public record as opposing the bridge. Please record our fax at the ~"eb. ZZ rneeti.ng with ~'Vayne Torrey representing West Park DeveJ.opment. As concerned property owners adjacent to F. Time Zone Road we are very concerned about the amount of traffic this would generate. I,os Alamitos Sub Aivision was designed with roads to handle the homes in the sub division. If a bridge is built the roads will become main artory roasts that could not accomadate the traffic. Would speed bumps have to be installed? We understand the concern of having a bridge {doing into the proposed school. site. We recornrnend that this bridge should just go into the sch~~a site if allowed and not be connected to Los Alamitos. This would halt through traffic as recommended by the ACHD. A walking bridge would be much .proffered. The cost of 'this bridge should be paid for by West Park Corp. We understand the school site land is to be donated by Goldsmith Charters so this would be only fair. We do not need. or want more traffic than the roads were designed to hand7.e. The sub division was approved by the city council with Existing roads. Lets not change the plans now that it is to late to design for heavy traffic. Our stand is, NO bridge with thru traffic. Thank You; Gene & Freda IIabbitt O', 25?0 so. Locust Grave Rd. ~~~~`•'"" ,"cridian, Idaho 8jC42_ ~~ /~~~~ w FEB 21 '96 11 01 602 92? 7337 PAGE.02 <A MRILiNG OUTPOST 602 927 7337 MAIL,I~N=G OM~`i~Q~Q Fax Cover Sheet From Fax #(520)927-7337 Number:~~ ~ ~~~ ~~~,.~ _ Attention: '~ c~ - ~r~ Notes: If you did not receive all ~ pages, Please call Mailing Outpost. (520)927-7277. FEB 21 '96 11 00 602 927 ?33? PAGE.01 i ~ Meridian Planning & Zoning Commission February 13, 1996 Page 38 Shearer: Second Johnson: It is moved and seconded we table this item until our next regularly scheduled meeting which is March 12, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #12: CONDITIONAL USE PERMIT FOR THE RANCH BY WESTPARK COMPANY TABLED JANUARY 9, 1996: Johnson: Is there any additional information that the applicant would like to provide to the Commissioners that hasn't already been provided? Wayne Forrey, 3045 Thayen Place, Boise, was sworn by the City Attorney. Forrey: No additional testimony Mr. Chairman. Johnson: Is there anyone else that would like to comment on the conditional use permit? Seeing no one then I will close this public hearing. Shearer: Mr. Chairman, I move we table this to March 12. Oslund: Second Johnson: We have a motion and a second to table item #12 until March 12, our next scheduled meeting, all those in favor? Opposed? MOTION CARRIED: All Yea TEN MINUTE BREAK ITEM #13: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A SENIOR CITIZEN BOARDING, LODGING COMPLEX BY WAYNE AND KAREN FORREY: Johnson: The applicant has asked that wee defer this until March 12 due to time restraints they will not be making a presentation tonight. Since we did notice it as a public hearing we are going to treat it as such in case someone came here to testify. At this time I will open the public hearing. Is there anyone that would like to address the Commission? Mike Ford, 10807 Alliance, Boise, was sworn by the City Attorney. Wayne S. Forrey, AI~ lJrban Planner and Development Analyst ~ 3045 Thayen Place -Boise, Idaho 83709 Telephone 362-9345 Fax 362-9416 Comprehensive Planning / City & Regional Plan Updates citizen Mayor Bob Corrie Participation Clty Of Mendlan community 33 E. Idaho Ave. Relations Meridian, ID 83642 Growth Management Dear Mayor Corrie: ~~~~1 V ~L F ~. ~ 1 ~ ~~~6 CITY 0~ MERIDIAN Plan Implementation Last night at the Planning and Zoning Commission Public Hearing, the Zoning, Annexation Commission directed the Westpark Company to conduct a coordination meeting to & Development ordinances resolve the issue of the public bridge connecting The Ranch Subdivision and Los Alamitos Park Subdivision #3. The people that should be included in this meeting are: City of code Analysis Meridian Zoning Administrator; a representative of Los Alamitos Park Subdivision #3; a t_and representative of The Ranch Subdivision; Karen Gallagher of the Ada County Highway Development . District; a representative of the Meridian School District and a representative of the Planning & Negotiations Sundance Subdivision. Intrastrugcture We need to have this meeting before our next public hearing with the Planning and Plannin Zoning Commission which is scheduled for Tuesday, March 12, 1996. We suggest having Revitalization this meeting at City Hall on Thursday, February 22, 1996, at 3:00 p.m. Is this date, time Plans and location acceptable to the City? If so, we will send an invitation letter to all involved E°onomic parties. Development community Thank you for your prompt attention to this matter. Keep up your good work! Development Finance Analysis Piscat Res ectfully . Implications Funding Strategies Wayri~rrey, AICP PublicPOlicy ~'/,~~~ Evaluation G/ Project ~ i~1~YZ~ G I~ ~ ily ~^ Z'~ Z Z'~7(e ~ 3 ~ ~~ ~. Management ~ aa_ Contract ~~ ~ .~n~~ ~l.C_ p~,[!~j (,G(s-•! --- p!anr,ing / ~ ' Services to ~~• Cities & Counties 14 February 1996 ~~t~ Member: American Institute of Certified Planners -American Planning Association -Idaho Planning Association • r r Meridian Planning & Zoning Commission February 13, 1996 Page 12 recommends to the City Council of the City of Meridian that they approve the rezone request by the applicant for the property described in the application with the conditions set forth in the findings of fact and conclusions of law that the property be required to meet water and sewer requirements, fire department requirements, Nampa Meridian Irrigation requirements, fire and life safety, uniform .building code and other ordinances of the City of Meridian. Oslund: Second Johnson: We have a recommendation for the City Council with a second, all those in favor? Opposed? MOTION CARRIED: 3 Yea, 1 No ITEM #11: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR THE RANCH BY WESTPARK COMPANY: Johnson: I will open the public hearing and invite the applicant to address the Commission at this time. Wayne Forrey, 3045 Thayen Place, Boise, was sworn by the City Attorney. Forrey: Mr. Chairman, members of the Commission, my name is Wayne Forrey, 1 work with Westpark Company the developer of the Ranch Subdivision formerly known as the Highlands Ranch, the Commission may recall that name. With me tonight is Greg Johnson, the owner of Westpark Company and the companies legal counsel JoAnn Butler. I have a revised layout plat that is colored that I would like to give to the Commission. Then I would like to go through a short slide presentation. We will probably referred to the colored map after the slides so let me turn that on right now. (SLIDE PRESENTATION) We have had several applications on the Highlands Ranch project, annexation, preliminary plat, conditional use planned development, several annexation applications. I feel it is a culmination of a good process. It has been getting better atl of the time. Here is a vicinity map for everyone to look at. This is a project that is between Locust Grove Road and then on the south is Victory Road and on the East is Eagle Road, you can see the Eagle I-84 Interchange up there in the top right hand comer of that site map. The project is essentially one mile wide the stretch between Locust Grove Road and Eagle Road. Now 1 am at the comer, this would be the NW corner of the project, this is on Locust Grove Road looking directly east and this is the John Shipley property and this is where Highlands Ranch starts on Locust Grove Road. All of that field that you see there in the background would be the Ranch subdivision. This is right where the canal crosses Locust Grove Road, the canal of course is high ground and so the road drops on either side of the canal. There have Meridian Planning & Zoning Commission February 13, 1996 Page 13 C~ been some real safety issues there about having access. Our first plat showed a 50 foot public road coming out onto Locust Grove road about, well right behind that car. It would require a new type of bridge over the canal which is fine but the input we have received from the Highway District, City officials, neighbors, was that was a safety hazard because of the elevation of the canal, the drop of the road, how the Salmon Rapids Subdivisions I think T's into that. So our current plat that you have before you tonight we do not have access onto Locust Grove Road to just avoid that safety problem right there and not introduce anymore conflicts. I am about the center of the project looking back towards Los Alamitos Park Subdivision in the background there. The same are there just turning the other direction. In the background you see St. Luke's Hospital way in the background there, it is about a mile, a mile and a quarter away. But in the right side of this picture over along Eagle Road you see those trees and those outbuildings, that is the Nixon Dairy where there is a proposal for a new high school with the Meridian School District. It it is being evaluated by the developer and the school district for possible acquisition. This is the Hanson property on Victory Road and we are looking kind of north and east and you see the Ridenbaugh Canal with that tree line there and you can see the rise in elevation of the topography of the site. This is up on top looking back now over the tops of the homes there. The Hanson home is down below those trees, the Record property is down below so you can kind of see the roof tops there. That is the magnitude of elevation there. This is the Glick property and this is the property and this is the property line actually between Sally Martins property where the pine trees are and the Glick property where the out buildings are. Where the pine trees are would be the Ranch subdivision and there are a lot of nice pine trees in that area. Our proposal is to preserve those as much as possible. Along this fence we are proposing a permanent 20 foot landscape strip to be maintained by the Ranch. Here is some history of how we got here. About a year ago we met with the Planning and Zoning Commission members and citizens, City officials and in January of 1995 we submitted these development applications. In February we requested annexation to R-8 and R-15 with limited office. But citizens and city leaders felt that was too great a density. The City recommended we come bade with an R-4 planned unit development with a small amount of L-O. Also in February we learned that in order to get this project approved we needed to have a preliminary plat tagged onto the annexation and not do them separate. So in April we submitted a preliminary plat in June we went before the Planning and Zoning Commission for a hearing on the preliminary plat. In August the preliminary plat and the conditional use permit for the planned unit development they were tabled by this Planning and Zoning Commission. However, to help move this project forward the Planning and Zoning Commission recommended that the annexation go forward. And so right now today the preliminary plat and conditional use permit is sitting on the table right here. But we did in August move forward with the annexation to find out how the City Council felt about this project. In September of 1995 we had the hearing with the City Council, many changes were suggested. We made those changes to accommodate citizens. In November an amended findings of fact and conclusions of law Meridian Planning & Zoning Commission February 13, 1996 Page 14 was prepared by the City Council. We have been saying that is what really established the ground rules for the plat. The findings were very specific much like you talked about tonight, road widths, lots, depths, buffers that type of thing. So after we received those adopted findings of fact and during December and even into January of this year we revised and prepared a new preliminary plat based on those findings. That is the one that is before you tonight. We think we have done everything in those findings that was suggested by the City. Input from citizens, city officials, and the bottom there we have a statement there. We really are sincerely trying to do what is right on this project and accommodate all of the various input and comments that we have been receiving here. We want to make this work for not only the developer and the neighbors but the City. This was the original submittal with the R-8 and R-15 zoning and we learned very quickly that it was just too much density. I apologize, this isn't very dark. This is the revised preliminary plat for the Ranch subdivision that you have before you now The map that I just handed to the Planning and Zoning Commission this is a slide of it. You see all the green, the open space, you will notice on there we have lot. square footages so you can see the size of the lots that we are proposing now. Down near the Glick property during our initial public hearings there was a lot of discussion about making larger lots next to the Glick property. In the findings of fact we are instructed that those lots should be at least 18,000 square feet in size. You will notice through there we have got 22,000, 20,000, 19,500, there is one that is over 20,000. So those are large lots next to the Glick property. Plus we have got that 20 foot landscape strip which they requested. The Hanson property, Mr. and Mrs. Hanson also asked for large lots even though the canal is a good buffer there they wanted large lots. So you can see we have got 17,000 almost 16,000, another 22,000, 18,000. Again large lots like Meridian Greens type lots there along the canal next to the Hanson property. The Record property, we have large single family lots there, there are some 11,000, 12,000, 14,000, 15,000 square foot lots. But we also have some town homes that is in a common area proposed there. The Record property is part of the annexation request so we think that is just a nice little comer with that culdesac park open space right next to the canal and just a little pocket of town homes there to meet the different home styles of the project. There has been quite a bit of discussion about a bridge. In the original .plat that we submitted to Planning and Zoning and City Council we did not propose a car bridge over the Ridenbaugh Canal, we had a pedestrian bridge. After Los Alamitos Park Subdivision No. 3 became better known by the City and Highlands Ranch was being discussed. The thinking came to the point of well we need a car bridge, a vehicular bridge to connect the two subdivisions together. And so throughout various meetings the Highway District, City officials, we were instructed that we should link up with the road that is shown in yellow there, I think at one time it was called Time Zone it is now Brandy's Jewel Avenue shown on the Los Alamitos Plat. But I also understand now that the City has Johnson: Excuse me we need to pause while we change the tape. • Meridian Planning & Zoning Commission February 13, 1996 Page 15 (End of Tape) Forrey: I also understand that the City has approved a revision to the Los Alamitos subdivision plat which takes the stub street over the canal. into the school property instead of linking up with the Ranch. It has been made very clear to Westpark Company and to myself by ACHD and City officials that Highlands Ranch or Westpark would only be responsible to construct one half of the .bridge or pay for one half the cost. The other half was to be paid for by the developer on the other side of the canal. Without the bridge there if the bridge stubs into the school property that means either the City of Meridian or the Meridian school district would have to pay the other half of the cost of that bridge. We would prefer that two developers the people that are in the business of developing land and making money off it pay for the bridge. This has got to be resolved but our plat is based on the instructions we have received from the City and the Highway District to place a bridge at that location. This comes out. of the findings of fact, the amended findings of fact from the City. Let me read it here, that development of that portion of the project designed for residential development would be in compliance with the comprehensive plan and therefore the annexation of that portion of the land would be in conformance with the comprehensive plan and could be in the best interest of the City of Meridian if an acceptable plat is presented and approved. That is the whole issue that we are working on right now is can we get to a point of an acceptable plat. The Council went further and said that the City Council would like to see the plat of the subdivision before taking action on the annexation and zoning. So at the Council level we are also tabled. Our annexation is on hold waiting for a plat to come through the P & Z onto the City Council and if the Council is happy with the shape of the plat their intention then is to annex and zone us and approve a plat all in one whack. A response to City comments today, Westpark Company submitted an updated letter to the City addressing each of the comments from the fire department, the Public Works Department and the Planning and Zoning Administrator and you may have a copy of that. Item 2, there is we think something that is incorrect in the water superintendent's comments. We would ask and right now we would disagree with the way they are written. We would as for reconsideration of this water master plan and constructing nearly two miles of water transmission pipe. It just seems in our thinking a little excessive at this point and we v~rould like to reconsider that. There was a comment in our staff packet we could identify who submitted it and they were complaining about town homes and lifestyle homes in the R-4 zone but in fact it is allowed in the PUD and that is why we submitted a planned unit development to obtain those different types of homes. All of the comments appear to be workable and acceptable based on the packet we have now. Westpark's legal counsel is here tonight if anyone has questions on the high school site issues. That is Ms. JoAnn Butler. Let me just wrap up, our density, when we submitted the R-8 and R-15 there was a lot of discussion. The neighbors said we want R- 4type projects, we dropped back to an R-4 PUD. We now have on this plat before you C Meridian Planning & Zoning Commission February 13, 1996 Page 16 . 436 dwellings on 133 acres, the density is 3.27 that is much like the regular R-4 subdivisions the Planning and Zoning and the City have been approving. Our open space and this is all the easement and this includes the canals is 26.3% Now when you take the Ridenbaugh Canal out we are still well in excess of 10% required in the PUD, there is a tremendous amount of open space .here. I want to ask this question, does the City really want a PUD, we have gone through this a year, we think the PUD is the right thing to do. We may probably, we should have looked at a straight R-4 subdivision because it takes quite awhile to get everyone thinking about the PUD, the advantages of a PUD and maybe if we are in the wrong area here please let us know. Make a decision, let us know if we are on the right track. If we are on the wrong track we will drop back we will look at a straight R-4 subdivision. We think there are advantages to the PUD but we have got to get moving on a plat here and help us move forward to the City Council and please make a decision tonight. I would be happy to answer any questions plus Greg Johnson is here and legal counsel is here as well. Johnson: Thank you Wayne, any questions from the Commission and Commissioners to Wayne Forrey? MacCoy: I have a couple and I probably was the one that made the comments about the town houses and lifestyle. I just felt that the, in the first place let me start off by saying this. I am glad to see you upgraded, I have been through some of these with you before and listened to you. You went to a point where you went to the R-4 and I think that is the correct thing to do in this territory. Forrey: So you think we are on the right track. MacCoy: Well that part I think is on the right track. Going through your material that you submitted this last time which is the maps and so. I am still quite concerned about the townhouse and the lifestyles in the size of those please, how wide they are, the width of building and so on. I have no more details than what you given us right here on maps and that situation. So I don't know what you have in mind as what a town house or lifestyle should be. You did mention some time back it was going to be on the high end dollar value. That again rings a bell with me, if you are going to do that you are going to want a town house, let me put myself in that position, if I was going to buy a town house I want something which gives me some space. I don't think some of this is in that ballpark. 1 think if you are gong to do a planned developmen# and we decide upon that situation or you do that you continue that same thinking right into your town house and lifestyle homes being that you have some space and nice locations so that if I am the buyer I would say this is really a nice spacious place and I vuould like to buy this place and live in it. I don't think you ought to wedge in, maybe that is the wrong word to use at this point, a lot of small little buildings in order to make use of that land because you have a little hole here and a little Meridian Planning & Zoning Commission February 13, 1996 Page 17 hole there. I would like to see for my own edification some details on what you consider a lifestyle or a town house material. I realize we are in the preliminary stage, but I think that is the time you should show it. I don't want you to go down the road thinking you have a final and then you have wasted more time and more money and it shouldn't happen that way. I am truly concerned about the widths of the or the size total of these places. I am keeping in mind what you told us earlier the fact that this should be quality type homes. I think we all agree both citizenry of the area that lives out there the residents that are going to be adjoining this they haven't really truly said no to everything. You have tried to accommodate them, I commend you for that, but I think our job here is to make sure that the entire project is a top quality house as a whole operation here. I think (inaudible) planned development you would be better forward in your motion to give us some details so we can make our final decision on this. I will speak for myself there. I did spend considerable time going through your big layout and I looked at your sidewalks, your hydrant placement, your light lamp posts and a few other things of that type and I thought a lot of that was pretty well thought out. i have a question on lamps you considered instead of going for street lights you have gone to say something which would be I guess the light post in front of a house type of thing. That would take care of having street lights which then takes care of overhead wires which is a distraction from the type of lifestyle you are trying to live out there. This is a country operation, this is rural, I am thinking if you want to keep the feeling you should stay towards either putting the wires in the ground or go to something which would permit lighting which is a safety quality type of thing which you should look toward ways of handling that. I think for the moment I will stop my comments. Forrey: Thank you, I have some notes here. Johnson: Anyone else from the .Commission? Oslund: I have a couple. First, kind of a trivial (inaudible) who decided to make this preliminary plat 3 feet by five feet? I would open it up now but I am afraid it would overwhelm my fellow commissioners. Forrey: Don't let the size scare you. Oslund: My question, one of the questions I have is for, to give you an example, lot 29 of Block 12, it is one of those areas where you have town homes adjoining one another and then you have areas that you are calling, 1 think you called them private open space, something to that effect. It is the area around these units here, these town homes. I was wondering how you proposed to maintain that area? Forrey: That would be attached residential, a triplex or fourplex thinking. It would be • ~ Meridian Planning & Zoning Commission February 13, 1996 Page 18 . through the homeowners association of the Ranch, I don't know, Greg are you proposing multiple homeowners or just one? One overall maintenance arm, so all of the open space would be managed and maintained by the Ranch maintenance division of the homeowners association that would be maintained there. But those vwuld be attached units, just a large cluster unit there. Oslund: The open space for the drainage, I think you are showing a detention basin, what is the proposal for that open space in terms of landscaping? Forrey: In Sportsman Point subdivision part of the open space there is used in the same manner and most of the time it is used for sand volleyball. It is usable recreation space. So JJ Howard engineers designed that, they are designing this one. It will probably have an elevated section in the middle almost like a doughnut so there could be water sometimes right after rain but immediately after it seeps there would be a chance to get in and play some sports or have usable open space. That is the concept here to actually use that. Oslund: That is just for the detention basin and that only comprises a part of this block for lot, I cant read the lot, twenty something I think. It is kind of a four legged deal here, only a portion of that, I think a small portion according to that plan is the actual detention basin. Forrey: That is correct. Olsund: So what about the rest of it? Forrey: That is all open space, usable, there is a pathway through there, an improved pathway and just like the project you evaluated tonight with sidewalks on only one side of the street. We have proposed the same concept. Because all through that open space there is an improved pathway. Olsund: That will be sodded? Forrey: Yes, it is end developed, improved. In the larger open space by the lifestyle homes there would be more active facilities. A tennis court is planned, a basket ball court is planned, those type of more active recreations. Oslund: The other question I had is this real narrow open space in there, the 15 feet. Forrey: Yes, access pathway. If you look at the map I handed, right there, can I walk over there and talk loud. The concept here is that this is the John Shipley home and I was standing here taking that picture looking to the east. The concept here is that a person Meridian Planning & Zoning Commission February 13, 1996 Page 19 could enter this open space right here nice landscaped area, walk through this open corridor here, come down the street. And so we have about 300 feet of sidewalk that the person vwuld have to walk on and then they could enter this pathway system and walk all through this improved pathway up to this street and then over the foot bridge over the Ridenbaugh canal along this street and then into more open space. So the concept is not to force people to use the sidewalks in the road right of way but to use the interior pathway system. Of course you can also take the Ridenbaugh canal clear back to Eagle Road. So you can conceivably walk from Eagle Road to Locust Grove Road and only have to get on maybe 600 or 700 feet of sidewalk through that whole 1 mile. Oslund: The access to, kind of jump to the other side of the project, Lot 21 of, well it would be the top right hand corner of your picture up there. This piece on the other side of the canal: Forrey: Yes, that is the school park site. Oslund: A portion of. Forrey: That is correct. Oslund: Having not seen this proposal before, where is the rest of the property? Forrey: If you would just picture four corners coming together. This corner right here adjoins four other properties that are being considered for development. The Los Alamitos Park subdivision where I show that bridge right here. They adjoin right here and they have dedicated ground and transferred the deed to the City and the City is holding deed to that property to collect for future park school site. As part of our findings of fact from the City Council they have said that we were to transfer ownership of this ground on the north side of the Ridenbaugh and the west side of the Ridenbaugh to the City to team up and link up with the Los Alamitos property that they have acquired. The developer on the north side the City has said the same thing. When they come in to develop and one of them has, I think it is Sundance Subdivision has another piece of the pie. When all four properties are developed we think we will have 15 to 18 or maybe 20 acre holding in public ownership to be used for a combination school park site. So that is our piece of the pie right there. Oslund: The commercial or the Limited Office I think it is, that orange sliver there, how are you going to get access to that? Forrey: It has direct lot frontage access to Locust Grove Road. Oslund: The last question I have is the unplatted portions on the frontage of Victory. Are +~ i Meridian Planning & Zoning Commission February 13, 1996 Page 20 those owed by this applicant or another? Forrey: They are not owned by Westpark unless there has been recent acquisition. But they are owned by people that have consented to the annexation of property. Mr. Killgore is part of the annexation package, he owns some of that ground and I think Mr. Nixon has holdings in there and he is a party to the annexation. So there are people that own the ground there in two locations that are supportive of annexation and want to sell a part of their property to Westpark Company. I don't know of any other developers in the business developers that own any ground there. I am not aware of any other than on the North Los Alamitos Park and Sundance. Oslund: That is all I had. MacCoy: Back to me a minute, a question came to mind. You were going through your slide presentation here about the pedestrian bridge and making a roadway. If the roadway doesn't come into reality than you have only one entrance into your, or exit out of the western section (inaudible). Is that the reason Forrey: I think there are a couple of reasons. When we first started master planning of Highlands Ranch, the first edition. We wanted to take access out to Eagle Road and that was part of the concept to develop that 37 acres. Then the school district indicated they wanted to seriously look at a school site, a high school site somewhere in that area. They approached Westpark and they began negotiating on that. We thought the school district was serious enough that we should probably just reserve that area and hold it and not plat it as a subdivision. So, what you see here is the balance of Westpark's holdings minus the 37 acre high school site. When we dropped off the high school and didn't plat it we lost our access to Eagle Road. The school district also said they didn't want to have a public road connecting Highlands Ranch with the high school site. They only wanted emergency access like a twenty or thirty foot access but not a public road. At that point then we realized that we would end up with just what you said with access primarily to Victory Road. That heightened the awareness on our part and also the City's part that we needed a bridge to link Highlands Ranch or the Ranch subdivision with Los Alamitos Park No. 3. Then we began discussing where should the bridge occur and that is the slide that I showed you. That bridge location may change and that is probably fine, we need to coordinate to see who is going to pay the other half of that bridge cost. MacCoy: I am very concerned about that, you have locked in all these people into total of two access and that is it. Forrey: We have, because the plat has changed, we commissioned a new traffic study by Dobie Engineering firm. It is not yet completed and you will notice in your comments the Meridian Planning & Zoning Commission February 13, 1996 Page 21 . Highway District says we are going to hold back until we see the revised traffic study and that is fair. We don't know ourselves. We need to get that done and we are working on it. MacCoy: Well it is a real concern, I think you have got yourself, I hate to put the finger of approval on documentation which we end up tying all these people (inaudible) which could be disastrous. Forrey: Well I hope you could approve in concept subject to the traffic study, ACRD will ultimately decide how that is going to work. Hopefully we can move forward and keep debating this and working with the City Council. Johnson: Anyone else? Mr. Hepper? Hepper: I had a question Wayne, could you define what a lifestyle home is and the concept of it a little more. I understand how a town house works and the intricacies of that, but I don't understand the lifestyle concept. Forrey: Yes, it doesn't look any different than the good homes that you or any other builder would build. The difference is in the ground that it sits on. What you see is 50 by 50 building pads. Somewhere within that envelope there will be a nice home. The ownership of the ground will leave at that 50 foot marker. Beyond that it is all common ownership, common maintenance. The lifestyle meaning never have to mow your lawn, you don't have to wont' about maintenance of the shnabs, it is like living right next to a golf course where there is always good maintenance. Hepper: (Inaudible) Forrey: Not the 50 feet, most of those homes would probably consume that envelope and it might change with home design some might be L shaped. But in concept you would buy the pad construct the home, you would own the home but you would have no yard maintenance. That would all be done by professional management. Hepper: What would be the square footage of those homes? Forrey: Minimum 1400 square feet. In fact, in all the homes previously we had agreed that would be the threshold minimum for the entire project. Hepper: On the lifestyle homes you really don't show any streets, just shows lines connecting the homes. As we get closer to a plat we would look at that in terms of the dimensions of that street and the parking, that is all private, so those would all be private • Meridian Planning & Zoning Commission February 13, 1996 Page 22 driveways connecting each unit and the street through the lifestyle homes is private between the two culdesacs. Hepper: There is a line across the end of that street at both ends would that be a gated street? Forrey: Security gates yes. Hepper: Would this be an elderly area? Forrey: Most likely. (Inaudible) Hepper: Would it have a club house or anything? There is some federal designation that is you have a 55 or older you have to have a club house and activity center or something. Forrey: I am not aware of that. Hepper: It seemed like (inaudible) Forrey: Subsidized housing or something but that is not what this is or envisioned to be at all. Oslund: I have a question, I haven't seen this before. Have findings of fact and conclusions of law been prepared for this before? Forrey: Yes, correct. In fact we have about 4 versions. Johnson: You weren't paying attention to the slide show. Oslund: No I remember that, he is talking about us approving something tonight and I was hoping we would just be able to (inaudible) and .ask for findings of fact. (Inaudible) Oslund: On these lifestyle homes, is there, it is kind of peculiar because you have an ownership that is surrounded by another ownership, landlocked. Does that present any legal issues, legal technicalities? Forrey: Legal counsel is saying I will address it so hold that question. Thank you Mr. i~ i Meridian Planning & Zoning Commission February 13, 1996 Page 23 Chairman and members of the Commission. Johnson: Thank you, this is a public hearing. Is there anyone else from the public that would like to come forward on this application? JoAnn Butler, 607 N. 8th Street, Boise, was sworn by the City Attorney. Butler: Before other members of the public got up to speak I thought I would add to the applicant's presentation here tonight so people could respond to it. Again JoAnn Butler representing Westpark Company and of course I am pleased to be here before the Commission tonight because I believe your comprehensive plan does speak very clearly to the need for mixed residential uses in these areas. Planned residential areas that can easily become over time integrated neighbofioods. Integrated with the rest of the City. As Mr. Forney already pointed out, the City has gone through a year of annexation and rezone hearings and conditional use or planned development hearings where elaborate findings of fact have been prepared and tabled at City Council pending a plat and conditional use to come before this body. In many regards we are very fortunate to have those findings, it gives us great direction in making the plan and presenting it to you tonight to ensure that it meets those findings of fact and conclusions of law. The City has already in essence made findings that we meet the annexation and rezone criteria as contained in the zoning ordinance and comprehensive plan. As Mr. Farrey pointed out the site is intended to be developed under the regulations of both the zoning ordinance and the comprehensive plan. We believe that the written and verbal testimony that has been presented over many hearings and again tonight allows the City to make the. written findings needed to approve the planned development closely aligned to those findings that have already been tabled in connection with the annexation and rezone. I wanted to just answer a couple of questions that some of the Commissioners raised. I think I might as well start with the lifestyle issue. I live in a lifestyle home, I live in a lifestyle home surrounded by ground that isn't owned by me that is private ownership totally surrounding me. I hope it doesn't look like it but the next thing on my mind is retirement. What I want to do is work very hard over the next couple years and do a lot of gardening and hopefully retire with a house that 1 could afford. That is what I did when I bought my house. It is, many on this Commission might consider it to be a relatively small house. I consider it manageable. I know when I get home I can enjoy it. I do have a very small lot, that is my personal ground. I look over a sea of green on a park whose Board I sit on with the rest of my neighbors and maintain that park. As the City Engineer pointed earlier when you have got pieces of park spread around the City that are smaller relatively smaller it is difficult for the City to maintain. Having private parks and neighborhoods set up and designed so that a homeowners association can maintain them by assessing themselves and having active members is really a boon to the City because it means you basically get a City service provided to your citizens without having the spend the effort and a lot of dollars. Just to answer that • Meridian Planning & Zoning Commission February 13, 1996 Page 24 question I literally do, I am bounded by a private street which is not owned by me, I am bounded by common area which is not owned by me, the legal technicality that one has to whoever asked that questioned that one needs to make sure as provided for in the restrictive covenants is that you have access over ground that you don't own. As long as that is provided for than there is no legal problem with it being surrounded by land that you don't own. Also in connection with those town homes and lifestyle homes I consider my home to be a very well built home. It was built in accordance with the building codes and regulations of the City that I live in. I think the developer did an admirable job of relying on those codes and meeting the public's requirements, mine as the buyers requirements for a lifestyle home. I think if the City of Meridian knows its building codes well and it clearly is unless you are in the process of doing massive changes to your building codes will rely on those building codes to ensure a quality project. I think that again speaking for myself and many people that I know like myself you provide well for your citizens by having mixed use, mixed residential use where people can make that conscious choice. I think, I know in my neighborhood we have created a better community for it. It is not so homogeneous, we found a much better community for it. In connection with, I was mentioning access, but in connection with public access in and out of the Ranch as you know the traffic study that has been provided to the City shows that access is not an issue on in and out of the subdivision. I would have Mr. Johnson address that more fully if you have other questions on that. Of course our ACRD hearing is Friday and they will be making further recommendations to the City on that as well. I would also like to reiterate what Mr. Forrey mentioned about that connection between the two neighboring developments. We were required under our findings to make that connection as Mr. Forrey showed in his diagram. I believe there has been some discussion about moving that connection further north. It would still connect the two developments but it would go through the school district's property. Quite frankly we don't believe that the school district a public body should have to pay for that. I think it should, we do believe that it should be split. Johnson: Well it is not their property at this point, we are talking about a proposed site aren't you? Butler: That is correct, it is correct that it is the City's property right now. It is proposed to be. What we don't want to see is a public body such as the City or the school district pay for that interconnection between the two projects. Mr. Forrey touched briefly on the water issues that are up before. I think that wasn't addressed by the Commission but if you have any questions on that I think we should address that here tonight so that you have some clearer answers. I am not the one to address those issues but Mr. Forrey or Mr. Johnson can. Finally something that we became aware of just recently. Mr. Forrey talked about the fact that there had been negotiations with the school district in connection with a potential high school site up to a portion of the property that is not shown on this plat because it is Meridian Planning & Zoning Commission February 13, 1996 Page 25 . not proposed to be platted. When I became involved I found that there was some confusion and I know that Mr. Haily is here to speak I will reserve some time. Unfortunately he and I have not had the opportunity to speak but I did talk with his attorney today to try to clarify some of what seemed to be the concerns or may have been concerns on the schools or by the school district on this point. It is an issue that is a side issue. It doesn't have to do with the approval that this commission is charged with the review and approval of this particular plat. But just in case the Commission is interested there was some confusion as to the negotiations between these two private parties the school district and the developer. Originally the developer and the school district were trying to determine who should put in utilities to this site and that would determine purchase price on the sale. Originally an offer was made to the school district at a lower purchase price but the school district would put in the utilities. I happened to be involved with the Meridian School District as they tried to get its school sites approved in Eagle and those sites did not have utilities when they were going through their process. I know this past summer was a little bit touchy as we were getting water and utilities in so that those schools could open in September. I know the school district told us point blank no we will not or at least their representative who has since retired told us that no we vwuld not put in utilities and we had to come back to the school district since we have given our purchase price given the up front cost it would take us to put utilities into the site. We can only offer it to the school district at what the school district obviously thought was a higher price and too high for it to consider. And so my understanding from their attorney is that the district has been looking at other sites I have no idea how those negotiations are going on other sites. We are certainly open to discussing again with the school district or continuing negotiation with the school district. I think the school district would understand that given our purchase price and our up front cost for utilities there is a minimum that we can go and it may be too high for the school district and I know that they would then look elsewhere. What I have just for the record are a few letters from Dan Mabe who was then the Deputy Superintendent or to Dan Mabe then the Deputy Superintendent of the school district outlining the purchase price with utilities and without utilities just so that there wasn't any confusion and just give this to the Commission for the record. Again I know it is not an issue before-you, but I think there was some confusion about that. Unless anybody has any questions of myself, we are here tonight to respectfully ask this Commission to move this forward to the City Council. Johnson: I have a question of you, since you brought up the school district issue, on a project this size the City looks for contributions by the developer, something that would benefit the City. We think we should, we think we deserve that and for the community. You would (inaudible) the contributions by the developer for the City of Meridian in this project. Butler: I will tick off what I am aware of and 1 will ask Mr. Forrey to do the same. First the developer has to pay impact fees to Ada County Highway District for the public roads in Meridian Planning & Zoning Commission February 13, 1996 Page 26 . the area and all those improvements, curb, gutter and sidewalk that is provided. Sewer, water, which is part of the reason that I am asking that the water issue be addressed here because I understand and my client will clarify this, I understand that the water utilities especially they are being asked that the developer would serve much more than this development. So he would be paying a .much greater .cost for utilities than serves this development. I think that issue should be addressed. Rather than ask the City to provide parks in this area at a great cost and clearly at a hardship to the City (inaudible) greenbelts and park areas for the community. Johnson: Would there be any restrictive uses on those parkways? Butler: Those would be private parks maintained by the homeowners association. If it is like the park outside my back door I know that I pay for its maintenance and what not. It doesn't necessarily maintain in private use but we are not walling of the parks. Of course in the school site that Mr. Forrey mentioned that is in the process of being formed to the north of the site is also an amenity. Of course you know with all of the infrastructure that is provided those are the amenities that are provided to the City . Forrey: Satellite fire station site, a well site and a pathway along the Ridenbaugh canal would be available to the public. Butler: There is even though we are providing the parks for this area we do have to still pay park impact fees to the City that won't even go into this area. Which raises the question what benefit does the developer get for the impact fees that he pays. Johnson: Not a question that I am prepared to answer. Hepper: Does the developer pay park impact fees? Butler: The developer does pay park impact fees, every lot pays. It comes with the building permit so. Hepper: So the purchaser of the building permit pays the impact fees. That would be the homebuilders and the owner of the house. Would that be correct? Butler: Typically people assume that gets passed onto the home buyer and I won't say that it doesn't I won't say that it does. But what is dearly true that somebody that doesn't have a public park will pay park impact fees and not have the benefit of that park outside their door and maybe not within close proximity. Thank you. Johnson: Thank you, anyone else that would like to address the Commission? ~ ~ Meridian Planning & Zoning Commission February 13, 1996 Page 27 John Shipley, 2770 South Locust Grove, was sworn by the City Attorney. Shipley: I guess I need to give you a little history, City Council was acting on this this past August time. They had mentioned in City Council meeting that they were going to buy my property so there were some concerns that I had that I didn't voice because if they were going to buy my property I didn't need to voice those concerns. If I can go over here to the map, my property lies right along here. Nine Mile Drain comes in somewhere here and that is the back of my property. I am 195 foot from here over to here. As you can see there are a lot of houses all the way along here and this t talked to Mr. Johnson over the phone yesterday from about here there is a drain ditch that comes back here and dumps into the Nine Mile Drain. It is a farmers type drain ditch, my property lies 3 to 4 foot higher depending on how the land is leveled in that point. The geology of the area is gravel bar back there. When I irrigate that ditch gets wet back there. To protect those people along that line there with all of those houses there we need to make certain that some kind of a drain is made there. Also, I in the Spring every year I burn my ditch and (inaudible) and any type fencing they put up there I sure hope it wasn't burnable. I would hope that all those people would understand that if the wind shifts they are going to get some smoke on them. The reason I was testifying here tonight is to make certain that it goes on public record that these are problems. The original reason that they asked to buy my place was because they needed to road access in without creating a road over the canal at the point that the Highway District had spoke of. Realizing that the bridge would be an expensive matter for them I said I would sell but nobody ever offered me anything. So that created a little diversion in my life. I would like the City Council to know that drain and that fence and in the comer there where our weir is where the little green park is right there that stuff be taken care of in an appropriate manner and we don't lose our irrigation or something because of that. Mr. Johnson said that would all be taken care of but that was on the telephone and I need to make it clear that is just his word against my word at the point. So we go on the public record and we can solve this matter before it goes any further. Johnson: Thank you Mr. Shipley. Any questions of John? Anyone else from the public? (End of Tape) Carl Babbitt, 1671 East Time Zone, was sworn by the City Attorney. Babbitt: I cam just to listen but t guess I should voice a couple of concerns that I had. They were talking about an access road and that they only have one coming out of Victory to this one section and then they are talking about a bridge going over. Well two things, the Los Alamitos Subdivision only has one road going out of it. So if you dumped this subdivision into it it was my understanding that road was just marginal or would handle just its own subdivision. So if you did put a bridge over. there would have to be some other Meridian Planning & Zoning Commission February 13, 1996 Page 28 roads to handle all of that traffic. The second part, it is my father that owns the land where Los Alamitos is being done. The way he is doing it is as the developer decides to develop it he pays for the land. But he doesn't own it he has an option to buy it. He doesn't own it until he develops it. So where that bridge is proposed to go across is still my fathers land. If the developer chooses not to take that option it stays his land. He can choose to develop or not whichever. But any, they are talking about sharing the cost of the bridge. I don't think it would be right for my father to find out that he has been saddled with the cost of a bridge. If he doesn't develop it and Los Alamitos might not develop for another couple of years. So you are talking a proposed extra road that could be two years off. The same for the school site. They have proposed 3 acres to give to the school, and they are not asking for money for it. But again that is all proposed down the road. So I just wanted to put it on record that we are talking two maybe three years down the road before this is clarified. That is pretty much it. Johnson: Thank you very much, any questions? Mr. Haily? Bob Haily, 577 East Linkershim, was sworn by the City Attorney. Haily: Mr. Chairman and commissioners, I am Superintendent of the Meridian School District here this evening representing our Board of Trustees. I commend the developer and his associates for their planning. It looks like they put a lot of thought into this. We do have some concerns however. A subdivision or a development of this magnitude with 434 units in it will have an impact on the Meridian School District and the educational services that we will be able to provide and to the taxpayers of our district. This development when complete would provide for us 400 to 450 students and as you are probably aware the schools south of the freeway that would service this area are above capacity at this point in time. We have failed two bond issues, we will try again this Spring hopefully we will pass a bond and we will build more schools. However in the area of acquiring sites we cannot wait until we pass a bond issue to acquire sites. Unfortunately we are findings that it takes anywhere from a year to two years to go through the process of obtaining a site and if we wait until we pass a bond issue we can't get schools built on time. It has been stated here this evening that there is a misunderstanding about the inclusion of a high school site in this development. I don't believe there is any misunderstanding. There has been a statement that there is negotiation, I don't believe there has been any negotiation. The School District by statute is required to negotiate with school teachers so we very clearly understand the definition of negotiate. In our definition negotiations have not taken place. When an individual says this is it take it or leave it I don't believe that constitutes negotiations. We are interested, very interested in school sites in this square mile, we are interested in a high school site at a price fair to the taxpayers of our school district. If that can't be worked out we are also interested in a middle school site in this square mile at a fair price to our tax payers. We also need an elementary site in this square mile. That one • Meridian Planning & Zoning Commission February 13, 1996 Page 29 U we believe should be fully donated by the developers of this square mile and I know that process has been underway two or three years already and do you see an elementary site on here yet? It is time that happens. I am here to ask you this evening to table this until you have in your possession a signed copy of an agreement between the developer and the School District either for a high school site, a middle school site or a combination high school and elementary site in this square mile. It is imperative for the school district that we be able to plan ahead and to acquire sites. in relation to these developments especially one of this magnitude. Mr. Chairman I would be happy to answer any questions. Johnson: Thank you Mr. Haily, any questions from the Commissioners? Hepper: What is the amount of ground that is required for an elementary school site? Haily: The sites that we have been purchasing have been about 12 acres. However we have done some combination sites with the various cities that we work with where the City acquires seven acres and we acquire seven acres and develop it jointly. Hepper: The site they have to the north where that parcel would be donated to the City for a school or park site would that in combination with the other pieces of that puzzle that are proposed would that be of a sufficient size for an elementary school? Haily: If I heard correctly tonight that total package there could be in the neighborhood of 15 to 16 acres and if that was packaged properly yes that would be ample for the school district and for an adjoining park. What we are fearful of in that process is that they are going to be little triangles that don't fit nicely into their developments that we will be left with and it is a little hard to put a school on a little sliver and a triangle. Hepper: Has the school district been approached on those slivers to see that they are put together in a fashion that would be acceptable to the school district? Haily: Mr. Mabe who retired from the school district this summer who has worked on that project for quite some time and there have been various shapes talked about. But again we don't have anything concrete that we could sign off on and say that this will work. MacCoy: One question Bob, just for clarity. I had heard a couple months ago that there was some work being done by you and your staff with the developer which was buying the material of the farming of Overland and Eagle and there south of that for an elementary school. Nothing has been done about guaranteeing a school site there? Haily: Overland and Eagle, no I don't believe so. The closest one that we have been negotiating on would be in Pepperhills which would be the comer of Cloverdale and • Meridian Planning & Zoning Commission February 13, 1996 Page 30 Overland. We have some negotiations going on in that subdivision. Thank you. Johnson: Thank you, Karen? Karen Gallagher, ACRD, 318 E. 3Zth, Garden City, was. sworn by the City Attomey. Gallagher: Mr. Chairman and members of the Commission, there are two items that I wanted to clarify tonight regarding this proposal. One of which is the Highway District has not received the traffic study as of yet therefore we have not proceeded with the review of this. Until we get this I am not sure how it will affect the streets or the layout. One of the concerns that we do have at this point in time is on the eastern half that we do have one access to Victory Road and that the loop street is discontinued by the proposed private street. So we needed to look at those numbers and I can't give you any definite at this point but there are some issues that we need to discuss up to this point. The second one is regarding the bridge location. There has been a lot of discussion on this up to this point by our staff and yours and with our staff and our Commission. Los Alamitos No. 3 has been approved by our Commission without a bridge connection with culdesacs on both the ones that were shown in the slide that we saw tonight. So we brought that up before when we talked about Highlands in the past. So it is still a conflict that is remaining at this point. The districts staff s position is to move the bridge to the east further. At this point we are concerned with a direct connection Sundance Subdivision to the north does have a residential collector that comes straight down that we would have concerns about cut through traffic on and speeding on since we have had those in the past. The bridge at either this location that they are looking at or the other one that has been proposed would both have a fairly directly connection to Sundance so those were some of our concems. Those were the only items I wanted to address if you have any questions. Johnson: Thank you Karen, do you have any questions? Anyone else from the public like to come forward? Herbert Papenfuss, 2680 South Eagle Road, was sworn by the City Attorney. Papenfuss: Where I live they don't seem to have done much but make it worse. They propose this high school apparently facing Eagle Road and I don't know about you but I would not want to .live next to a high school. Not with the current situation today. I don't see that would have any beneficial effect as far as my property is concerned. I am concemed about that. It would also require, I don't see how you could get away from it, it would also require widening that road which would take a slice off of my property which would put my house uncomfortably close to the road. That certainly doesn't enhance things. This maybe the future somewhat but if I decided to sell my house. to get away from this the way things are now if I try to sell it and didn't tell them what might be happening I could be Meridian Planning & Zoning Commission February 13, 1996 Page 31 liable of suite latter on because I didn't tell them. They would be uncomfortable with what is there. If the high school doesn't go there my understanding is the office space would still be there, that is apparently from what I understood this afternoon when we came and looked this subdivision over is that is still basically a part of it if that is zoned for the high school the zoning would also fit for office and wouldn't have to be rezoned. So that means that either way it is going to have to widen that road. Another thing that nobody seems to care too much about is that bridge that is there toward the north just north of Nixon's property and our property. That would be a hazard with high schools or office space there because that is a blind spot. I have lived there 30 years and I know what I am talking about. That is a blind spot, when I back out of my house and want to go south there are a number of times when I have backed out and it looked completely clear and I get out there and a car comes over the top because you can't see it, it is an actual blind spot. If they make any changes they are going to have to correct that or it is going to be a hazard. You know high schools kids they, if they had to five feet they would sooner drive so you are going to have a whole bunch of cars there and I think this is something that has to be considered. Now I, let me just say this, I have nothing against growth, I am not an anti- growth type person. 1 realize in this area growth is a part of the picture. I don't object to that but I do object to things I feel are not going to be of value to me. If those were homes there large at least approaching 1/2 acre as I noticed on some of those that would be fine because I have an acreage so do others on my side of the street. So that shouldn't hurt, but when you stick town houses and other things like that there it doesn't do us any good. We depend upon you gentlemen to help us protect our property and see that it will be of a benefit to us. Like I say I have no objection to growth but I think there is some serious problems as it now stands at least as far as I live is concerned. Johnson: Thank you, any questions? Is there anyone else that would like to come forward? Nancy Hanson, 2460 East Victory Road, was sworn by the City Attorney. Hanson: (Inaudible) I am not sure (inaudible) We have four acres and actually there is easement here and with the easement from the canal and the creek, Nine Mile Creek, there is an extra two acres along here. So there is six acres and I think it borders right into these town houses. So, I want to say that I appreciate that they have changed in the past to the property being R-2 zoning that borders along the canal there. I like the larger lots better but now I am concerned with the town houses right, next to us. They weren't in any of the previous plans. Also this plan they said has 436 homes and with the acreage that they have taken out for the high school and the other ones there are 54 acres I think that you have taken out. I am just concemed, I am curious about how many houses were in the previous plan with 181 acres the last time. • Meridian Planning & Zoning Commission February 13, 1996 Page 32 Johnson: As I recall you have to address your questions to us. Hanson: Okay, is there a way to find that (inaudible). Johnson: We will get you answers if we can get answers tonight. (Inaudible) in the findings of fact. I believe it was over 700 initially. Hanson: Okay, but we have knocked the property down not quite a third and the houses, to me it looks like the density is just kind of moved around a little. Johnson: You saw the density on the slide and we can ask for (inaudible) Mr. Forrey stated it included all easements. Hanson: The other concern I have is the increase of traffic on Victory Road since those are the only access now. Thank you. Johnson: Thank you, any questions? Is there anyone else that would like to come forward at this time? Would the applicant like to address some concerns that they have heard tonight? Forrey: Thank your Mr. Chairman and members of the Commission. In response to John Shipley's comment, yes Westpark Company would and it is in the findings of fact and conclusions of law at the City Council level, it is in the Zoning ordinance that we have to maintain any drainage that exists there now. So we would take care of that. Also I believe in the comments from the Public Works Department it talks about non-combustible fence where appropriate. Mr. Shipley spoke tonight about burning that drainage way so we would have to put non-combustible fence there. I don't know if I could say a specific dimension but that is something we need to work out with Mr. Shipley and go on record as that. We would have to have anon-combustible fence in that area where he would burn the drain and would have to maintain that drainage and make sure it gets back to the Nine Mile Drain. We did state that Westpark Company would consider purchasing his property and I think that is still valid, Westpark is still considering. I don't know if they will or will not, it is a little tough on Mr. Shipley, he has mentioned it might be for sale. If the traffic study indicates that we have to have access out to Locust Grove Road than we have to look at some options and that may be to evaluate purchasing that property. We are working with the bridge situation that we have got and that is just again back to the engineering and traffic study. Which Karen Gallagher from the Highway District mentioned. Mr. Babbitt's question about putting a condition on his father's property or his family's property well that is not a condition that we placed,-that has been placed upon us by public agencies as well. So it has been placed on Marty Goldsmith the person that is intended to buy the Babbitt property and intends to develop it. If it doesn't develop I guess it would revert back to Mr. L_J Meridian Planning & Zoning Commission February 13, 1996 Page 33 Babbitt's family unless he wanted to develop. Then that is the ground rule we all have to live with. There needs to be a bridge somewhere in that area. In terms of timing it is probably Mr. Babbitt four or five or seven years away from Highland Ranch or the Ranch perspective. The first phase and we have a map with the phase lines, it is not right there, but the first phase is down along Victory .Road at the entrance and then it concentrates along Locust Grove and it would probably be four to seven years before we jump the canal so to speak and move east of the canal. Mr. Haily's comments, thank you, and we thought there was some good communication going but it is evident we probably need to do a little better job there communicating with the school district. And maybe JoAnn Butler can address that more. Karen Gallagher is correct, we have commissioned a traffic study, it is not yet completed, we are working on that with the Highway District. Mr. Papenfuss, boy and i sympathize, I think Eagle Road is scheduled for widening with or without this project. So that is a neighborhood issue there with the State and the Highway District. We are part of that because of the intent to develop property but we are not the reason for the widening of Eagle Road. Mrs. Hanson, I hope we are doing a good job, we are trying to put larger lots there, but she is concerned about the town homes. I didn't think that bordered her property I think that is up next to the Record property. The Record ownership is part of the annexation and they have consented to that. tf it is a problem and let's check it out, maybe we need more buffering or screening in that area. That is just a nice little comer there are some nice trees up there and it is a nice little corner we thought for a clustered attached units right there. If it is not going to work right there and if it is a problem to her we will reevaluate that. I will work with and find out the actual ownership. I think it is next to the Record Ownership and not her property. Where we are next to her property we did. provide larger lots. JoAnn, any follow up? Okay that is it. Johnson: Will you walk us through your formula how you got that, you might correct me if I was wrong how many units there was in the original plan? Forrey: It was almost 700, I think it was 682 as I recall. We are now down to 436 dwellings. It is not like we lost units because we never had them approved in the first place. But that was the. first concept in that R-8 and R-15 zoning. But in the R-4 concept we are looking at 436 dwellings on what you see there as a gross ownership or assemblage of property at 132.94 acres. That comes out to a gross density of 3.27 and that is the formula the City uses in evaluating density. So we are at 3.27. Johnson: Well. (inaudible) for Mrs. Hanson and for myself. I believe she was counting something like 50 some acres that was excluded from that for various reasons. Is that included in the 139? Forrey: I think she is referring to the high school site which was 37 acres, that. comes off. The 132.94 acres is what you see on the preliminary plat right here. It does not include the ~ ~ Meridian Planning & Zoning Commission February 13, 1996 Page 34 Nixon Dairy, the proposed high school site. Johnson: And that works out to the density of 3.29 or whatever it was? Forrey: Yes, 3.27 Johnson: Any other questions of Mr. Forrey? Oslund: Just one, you said a few minutes ago that a bridge is needed, before you Karen said that Los Alamitos No. 3 had been approved by ACRD and there is no bridge, what is going on here? Forrey: The Highway District did approve that but the City Council said no, that is not acceptable to the City of Meridian. The City Planning Director and the City Council approved Los Alamitos Park with the bridge and overrode ACHD's recommendation to the City of Meridian. Hepper: I had a thought here I wanted to discuss with Wayne, it was mentioned that with the PUD's we have had a couple other PUD's that were brought in. They submitted floor plans and landscaping details, almost down to telling us what color the houses are going to be. Very detailed (inaudible) specifically know what we are doing with the PUD. With this where they are going to be selling lots to individual homeowners and different builders and stuff like that I realize you don't have the control. Part of the concern that I have and I think the City is when we go with a PUD we go smaller square footage of lots and so forth. We don't necessarily have to have big homes or whatever but we do want quality. It is hard to legislate quality. The building department is not in the business of controlling quality, they control the life safety factors of it to make sure the headers are the right size, the trusses are properly manufactured and nailed right. They don't, the building department doesn't get into things like how much brick is on the front of the house or whether it is shakes or shingles or tiles or stuff like that. They don't make those requirements that is more for the developer with the restrictive covenants. So to me the quality is more dictated by the developer in the covenants rather than the building inspector. My concern is if this gets past, how do we have some sort of assurance that we are going to have quality projects here? Are there things in the restrictive covenants to assure us of that and how do we know we (inaudible) other projects we had. Forrey: One of the comments we received from your Planning and Zoning Administrator was that the City wanted to see covenants. And that is what led Greg to JoAnn Butler, she has prepared covenants for a lot of unique developments in Boise a lot of PUD's common area type things. So Greg approached JoAnn and she has been working on covenants I think they have been submitted to the City, let's let JoAnn address that specifically. 1 think n U Meridian Planning & Zoning Commission February 13, 1996 Page 35 she can follow up on that quality issue and exact where the covenants are. Hepper: Okay, not actually reading the whole covenants just touching on the highlights. Butler: I can address that and they have been submitted to the City just for an initial review. They have been submitted, we haven't received comments as yet. We have an architectural control committee that we are establishing under the covenants. We are striving to do exactly that. Provide for quality through a formal mechanism so the City first hand when going through the development process can see that. And second hand remember as Wayne said four or five or seven years before it is developed, there is phasing. You don't sell the last phase unless the first phase looks okay and is quality. That is partly the developers motivation to maintain a quality project all the way through. That is what we strive to do with our covenants and the enforcement of those covenants. Oslund: I have a question, in the covenants are you going to, it seems to me you have a huge variety of building or dwellings, sizes of dwellings and multi-family, not multi-family but these town homes and lifestyles. Are you going to create almost like districts within this? Butler: How we did it, how our initial draft of the covenants is we have a master or an umbrella association which governs all of the subdivision but where there are for example the lifestyle homes, they would be a separate homeowners association, sort of a local association because they would be in particular assessed more to maintain the parks than the rest. So, but we always try to keep it interwoven so that we don't have disparate goals for the whole community. To keep it an interlocking neighborhood. Johnson: Does anyone else have any final comments? Shipley: I forgot a couple of things, I have been in contact with Water Resources on the well issue that I have had with Salmon Rapids across the Road just this week and also the Governor's office. I have received some documentation that the Water Resources wants to require surface water to be used if possible. Their definition of if possible is any time that surface water is in the ditch that it is possible. The Governor's office has got some studies right now there is a $300,000 grant to study water in the State of Idaho and the falling levels. I am particularly concerned about this because my old house and my old well I have a jet pump and you can suck water no more than 22 feet, you can push it for hundreds and hundreds of feet. Salmon Rapids has put in a well, they have remodeled a well across the way. In Planning and Zoning in 1993 they had told them that they had to use surface water but he got .around that by going down to Water Resources and playing games because he had already remodeled the well when he went down to file the ~ ~ Meridian Planning & Zoning Commission February 13, 1996 Page 36 . well. Four or five years ago when we had irrigation water up till July the 15th'my well went down on me for about 3 or 4 days while McDermott irrigated his alfalfa fields on that same well that was originally for 23 acres. They have transferred the water of 23 acres all over Salmon Rapids and all over Los Alamitos and are intending to transfer it on up on the next phase of Los Alamitos. But my papennrork states that they had to accomplish this within one year for Salmon Rapids so I am going to make them enforce that part. Or the Governor's office is going to make them enforce that part. Then I didn't speak to the fact that I have no sewer stub into my side of the property anywhere, it is going to leave me without and I would like to have that issue resolved too before you guys decide to make this thing a done deal. Johnson: Thank you, is there anyone else? Seeing no one then I will close the public hearing at this time. Does staff have any comments? Smith: Mr. Chairman, I might address the domestic water issue. We have proposed out there 443 homes 1 believe at this point there is a single water line serving that area. Water Superintendent's concern and mine is that we have a looping system because we are getting quite a ways away from our point of supply or the point where the water line crosses the interstate. His comments may seem a little severe and they certainly need to be looked into as for as actual need to serve this subdivision. But secondarily if we have a water main break I don't want 443 homes out of water. We just went through a situation southwest part of town where we replaced or the Highway District replaced a culvert under Linder Road and we had approximately 200 homes without water for one day while they replaced that structure because we had to shut the water line down, it is the only feed into that area. Out at the northwest part of town, Cherry Lane Village, we had to run a series of fire hoses between fire hydrants to connect two parts of town while a water line was down for repair. So this thing of having dead end lines serving large subdivisions is not very attractive. When we have to go door to door giving a notice to a resident that they are going to be without water if we know they are going to be without water that is one thing, if they are without water because a water line has been broken due to a contract digging through it or some other Mother nature cause perhaps it does create serious problems. We all take our water for granted, and when that water is not there people are very upset. That is I am sure the reason that the Water Superintendent replied the way he did on his initial review. The water design, the water use in that area will be modeled through our computer system and the lines will be sized accordingly throughout the subdivision. But we do have our grid system that we need to maintain in order to provide the flow in order to provide reliability of the flow. Thank you. Johnson: Thank you Gary. Discussion or comments. We are on the public hearing for the preliminary plat, we gathered a .lot of testimony with respect to item #12 as well, the conditional use permit. At this time we are addressing the preliminary plat only. Meridian Planning & Zoning Commission February 13, 1996 Page 37 Oslund: I had a question for Gary, so you are saying that to provide, it appears to be water available but not reliable water. In other words you need a loop and I guess my question is without unfolding the 3 by 5 map what is their proposal. I see they have some water lines shown on their map. Smith: I don't recall the exact location of the water lines on the preliminary plat. Typically the developers show the least number of lines they have to and that would be basically in the right of ways adjacent to their property boundaries that abut the right of ways. In this case there is significant amount of property that does not abut Victory Road for example. We are in the process of drilling a well at Los Alamitos Subdivision, we have put the test well down and documents are being prepared to bid for contract to drill a well. As Mr. Forrey mentioned there is a well lot reportedly involved in this development on Eagle Road. There is considerable amount of activity right now for the development of the intersection of Eagle and Overland Road. There will be a well site in that genera( area. These things all hook together are going to provide a very reliable water system out there. All of the time intervals working together with all of the developments will provide a reliable water system. I don't know what those time elements are like integrated one with the other. Which one is going to happen first if the mall is going to develop at all I don't know. But we need reliability as far as not just water supply that is not the problem particularly, but it is the reliability of the distribution system to provide a continuous flow under a what if scenario. That is my concern. Oslund: So ultimately the City can provide that, but your concern then is in the interim while that system is being developed there may be periods where we don't have the redundancy. Smith: Right, the water volume can be supplied by drilling a well, but the line servicing the subdivision if it was damaged and the water flow and the well on the east side at the Eagle Road site was not in production yet and this water was being drawn from the Locust Grove site and that water line was damaged than we don't have a loop back to or back flow or back serve to the subdivision from another direction in other words. Johnson: Any other comments or discussion? What would you like to do with the plat? Hepper: Well I know that Wayne and the developer would like us to act on this thing but I personally I .don't see how we can make a decision right at this moment with the questions that are still up in the air. I think we need to table it and give them an opportunity to try and get some of these things resolved, sewer and water, the school site, the ACHD and some other concerns of some of the neighbors. Maybe the next meeting we will be able to have a little more informed picture of what is going on. I would move we table it until our next regularly scheduled meeting. Meridian Planning & Zoning Commission February 13, 1996 Page 38 . Shearer: Second Johnson: It is moved and seconded we table this item until our next regularly scheduled meeting which is March 12, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #12: CONDITIONAL USE PERMIT FOR THE RANCH BY WESTPARK COMPANY TABLED JANUARY 9, 1996: Johnson: Is there any additional information that the applicant would like to provide to the Commissioners that hasn't already been provided? Wayne Forrey, 3045 Thayen Place, Boise, was sworn by the City Attorney. Forrey: No additional testimony Mr. Chairman. Johnson: Is there anyone else that would like to comment on the conditional use permit? Seeing no one then I will close this public hearing. Shearer: Mr. Chairman, I move we table this to March 12. Oslund: Second Johnson: We have a motion and a second to table item #12 until March 12, our next scheduled meeting, all those in favor? Opposed? MOTION CARRIED: All Yea TEN MINUTE BREAK ITEM #13: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A SENIOR CITIZEN BOARDING, LODGING COMPLEX BY WAYNE AND KAREN FORREY: Johnson: The applicant has asked that we defer this until March 12 due to time restraints they will not be making a presentation tonight. Since we did notice it as a public hearing we are going to treat it as such in case someone came here to testify. At this time I will open the public hearing. Is there anyone that would like to address the Commission? Mike Ford, 10807 Alliance, Boise,_ was sworn by the City Attorney. • MERIDIAN PLANNING ~ ZONING COMMISSION MEETING: FEBRUARY 13.1996 APPLICANT: WESTPARK COMPANY AGENDA ITEM NUMBER: 11 REQUEST: PUBLIC HEARING REQUEST FOR A PRELIMINARY PLAT FOR THE RANCH SUBD AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS "REVIEWED" SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS ~~ SEE ATTACHED COMMENTS f v ~I SEE ATTACHED COMMENTS • ~ ~''~ SEE ATTACHED COMMENTS ~~ BUREAU OF RECLAMATION: `j~(~' ~~~'~ /~~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. ~ ` • OFFICIALS HUB OF TREASURE VALLEY COUNCIL MEMBERS WILLIAM G. BERG, JR., City Cleric A Good Place to Live WALT W. MORROW, President TOLSMA RONALD R JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer CITY OF MERIDIAN . BENTLEY E C GLENN R BRUCE D. STUART, Water Works Supt. . JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator MERIDIAN, IDAHO 83642 P & Z COMMISSION PATTY A. WOLFKIEL, DMV Supervisor Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman KENNETH W. BOWERS, Fire Chief Public WorksBuilding Department (208) 887-2211 TIM HEPPER W.L. "BILL" GORDON, Police Chief Motor Vehicle/Drivers License (208) 888-4443 WAYNE G. CROOKSTON, JR., Attorney JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayor MEMORANDUM: February 8, 1996 To: Mayor, City Council and Planning & Zoning c2~~ F B F kl A i Cit E ' t t t t rom: ruce rec on, an neer e ss s o y Shari Stiles, P&Z Administrators== Kenny Bowers, Fire Chief j~ Re: THE RANCH SUBDIVISION (Preliminary Plat - By The Westpark Company) ~~ have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: GENERAL COMMENTS Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance ll-9-605.M. The ditches to be piped are to be shown on the Preliminary Plat. 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. No variances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells maybe used for non- domestic purposes such as landscape imgation. 3. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the street development plans. 4. Submit copy of proposed restrictive covenants and/or deed restrictions for our review. Provide 5-foot-wide sidewalks on both sides of the proposed streets in accordance with City Ordinance Section 11-9-606.B. 6. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. Supply and distribution mains will be addressed pending the results of the analysis. C:\WPWIN60\GENERALU2ANCH.P tZ • Mayor, Council and P&Z February 8, 1996 Page 2 7. Sewer service to this development is contingent upon positive results from computer model analysis. 8. Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Many of the proposed street names are duplications of existing streets. Make necessary corrections to the Preliminary Plat map prior to resubmittal to the City. Street signs are to be in place, Water system shall be approved and activated, and road base to be approved by the Ada County Highway District prior to any building permits being issued. 9. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. 10. Indicate any existing FEMA Flood Plain Boundaries on the Preliminary Plat Map, and/or any plans to reduce said boundaries. 11. Submit a master street drainage plan, including the method of disposal & approval from the affected irrigation/drainage district. 12. Respond in writing, to each of the comments contained in this memorandum, and submit with copies of the revised Preliminary Plat Map to the City Clerk's Office prior to the scheduled hearing. SITE SPECIFIC COMMENTS 1. The legal description submitted with this preliminary plat application appears to meet the criteria of the City of Meridian (it does describe the proposed plat boundary). However, correct legal descriptions for the annexation request (now tabled at City Council) have n~ been submitted. The additional 50f acres has not been submitted for platting, nor have any detailed plans been provided for this additional area. 2. Sanitary sewer service to this site shall be via an extension of the Nine Mile Sewer Trunk. At this time, the Nine Mile Trunk is in Phase 1 of the Los Alamitos Subdivision No. 2. A non-development agreement has been approved by Council for Phase 2 of Los Alamitos Subdivision No. 2 (the southern portion). This trunk line would need to cross not only Phase 2 of Los Alamitos Subdivision No. 2, but a property over which neither Marty Goldsmith nor Greg Johnson has control (Frank Stopello property). Without the extended trunk line, this proposed development is not serviceable. The treatment capacity of the Meridian Wastewater Treatment Plant is currently being evaluated. Approval of this application needs to be contingent upon our ability to accept the additional sanitary sewage generated by this proposed development. Applicant will be responsible to construct the sewer mains to and through this proposed development. The subdivision designer is to coordinate main sizing and routing with the Meridian Public Works C:\WPV17N60\GENERALVtANCH.PBcZ • Mayor, Council and P&Z Febroary 8, 1996 Page 3 Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of roadway centerlines. This Preliminary Plat submittal does not show how the proposed development will be served. Until the sewer line routing is proposed, this development should not be considered. Water service to this site shall be via an extension of water mains currently in Phase 1 of the Los Alamitos Subdivision No. 2 as well as any other main lines deemed necessary by our computer model. Anon-development agreement has been approved by Council for Phase 2 of Los Alamitos Subdivision No. 2 (the southern portion). This water line would need to cross not only Phase 2 of Los Alamitos Subdivision No. 2, but a property over which neither Marty Goldsmith nor Greg Johnson has control (Frank Stopello property). Without the extended water line, this proposed development is not serviceable, unless alternate routes are approved and constructed. Applicant previously depicted a well site within this preliminary plat as required by the Public Works Department's February 10, 1995 Comments. As that area has not been included in this revised preliminary plat, no well is being provided as part of this proposal. The subdivision designer is to coordinate main sizing and routing with the Meridian Public Works Department. Water lines shall be located on the north and east sides of roadway centerlines. This Preliminary Plat submittal does not show how the proposed development will be served. Until water line routing is proposed, this development should not be considered. 4. Subdivision designer to coordinate stub streets with the approved Los Alamitos preliminary plat. Extension of Time Zone Drive over the Ridenbaugh Canal more or less aligns with a cul de sac in Los Alamitos Subdivision (not the approved stub street). The network of streets proposed for this development does not make good safety or planning sense. There is only one way in and one way out for the western side of this subdivision (170f units), as well as the eastern side of the subdivision (260 units). Access to Locust Grove Road should be provided, as well as east to Eagle Road. Although being proposed as a Planned Development, no variance should be given for reduction in required street widths. Haven Cove Subdivision No. 5 proposed one cul-de-sac with less than 50' right-of--way which was rejected by Council. Council must approve any private roadways. 5. Revise the Preliminary Plat Map to show all adjacent land use and existing zoning of properties surrounding the proposed development, including existing or approved proposed streets and lots. Revise the Preliminary Plat to include all proposed and existing utilities including pressurized irrigation, with proposed source, and addressing all other comments contained herein. Resubmit the Preliminary Plat with the revisions. 6. Submit a master street grading and drainage plan including method of disposal & approval from the affected irrigation/drainage district. C:\WPWIN60\GENERAL\[WNCH.PBrZ • Mayor, Council and PBtZ February 8, 1996 Page 4 7. Provide 250-watt and 100-watt high pressure sodium streetlights at locations designated by the Meridian Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 8. Provide 50-foot radius paved temporary turnarounds at all proposed stub streets more than one lot in depth. 9. Provide statements of dedications to the public and/or easements, together with a statement of location, dimension and purpose of such. 10. A list of lot closures to determine exact square footages of X11 lots has been requested from the subdivision designer. The minimum square footages listed on the proposed preliminary plat are not accurate. Some lots along the Eight Mile Lateral are less than 6,000 square feet. Right-of--way/easement areas cannot be included as part of the square footage of lots. 11. Any proposal for a supplementary connection from the City's water system to the pressurized irrigation system being proposed will need to be reviewed closely due to the size of the area to be watered. Applicant shall provide a statement as to the ownership of and operation and maintenance for the pressurized irrigation system. 12. Permanent perimeter fencing is to be provided prior to obtaining building permits for housing. Non-combustible fencing shall be provided outside of existing easements/rights-of--way for irrigation and drainage. 13. No easement for the Nine Mile Drain is shown, nor have any details been provided for relocation of this drain. Approvals will be required from Nampa-Meridian Irrigation District, the Bureau of Reclamation and/or the U. S. Army Corps of Engineers prior to any relocation/tiling of this ditch. A proposal to pipe this drain in Los Alamitos Subdivision was rejected. Before this application proceeds any further, these details should be provided. 14. The Meridian School District has indicated that negotiations to acquire a future high school site are not proceeding satisfactorily. Without a high school site, the increased density proposed by this development is probably not in the best interest of the City of Meridian. 15. Although these comments address the preliminary plat, details required in accordance with Ordinance Section 11-9-607 have not been provided; i.e., architectural style and building design, building materials and color, landscaping, screening, garbage areas, parking areas and open space. The location of fencing and any proposed gates must also be reviewed and approved. 16. No storage areas are provided in accordance with Ordinance Section 11-9-607.H.1; parking space as required by Ordinance Section 11-9-607.H.2 has not been provided; and no C:\WPWIN60\GENERAI.\RANCFI.PBcZ • Mayor, Council and P&Z February 8, 1996 Page 5 maintenance building or approved area has been set aside as required by Ordinance Section 11-9-607.H.3. 17. Open space provided does not seem adequate to justify variance on lot size. For the 63 lifestyle units alone, 7.95 acres should be required to offset minimum lot size requirements. 18. The Fire Department needs detailed information on all cul-de-sac landscaping and parking, and driveway locations for "lifestyle homes" need to be detailed to determine accessibility. 19. Applicant's representative indicated that all lots adjacent to land currently developed as rural residential would be bordered by minimum half-acre lots. Although some larger lots have been proposed east of the Ridenbaugh Canal, Lot 21, Block 8, contains 8 "townhouse" lots which are not compatible with existing development, nor have other rural residential lots been buffered in a like manner as requested by P&Z. 20. Applicant still shows a limited office lot on Locust Grove Road, which was not desirable to P&Z. As there is no access to this lot from within the subdivision, this L-O space does not serve a logical or desirable use for the development. 21. Application indicates acquisition of fire station site and well site is to be determined by the City and the School District. Donation of the fire station site and well site should be dealt with by this developer, not proposed for negotiation with some future owner. C:\WPWIN60\GENERAI,U2ANCH.P&Z HUB OF TREASURE VALLEY WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATNA. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney A Good Place to Live CITY OF 1VIERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Bailding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P >~ Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY 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 Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: February 6, 1996 TRANSMITTAL DATE: 1/18/96 HEARING DATE: 2/13/96 REQUEST: Preliminary Plat for the Ranch Subdivision BY:_. The Westpark Company LOCATION OF PROPERTY OR PROJECT: East of S Locust Grove Road, North of E. Victory Road. West of South Eagle Road JIM JOHNSON, P/Z MALCOLM MACCOY, P/2 JIM SHEARER, P/Z GREG OSLUND, P2 TIM HEPPER, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, CIC WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT ~POLlCE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDUIN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8r FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8~ FINAL PLAT) U.S. WEST(PRELIM 8 FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8 FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES J 4 CITY pZ` ME~IIDIAN OFFICIALS y„ WILLi.'~I G. BERG, JR., City Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 88?-4813 Public Worlcs/Building Department (208) 887-2211 Motor Vehicle/Dtivecs License (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY 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 Planning ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: February 6. 1996 TRANSMITTAL DATE: 1/18/96 HEARING DATE: 2/13/96 REQUEST: Preliminary Plat for the Ranch Subdivision BY: The Westnark Company LOCATION OF PROPERTY OR PROJECT: East of S. Locust Grove Road, North of E. Victory Road. West of South Eagle Road JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z JIM SHEARER, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL P~,,QI~CE~ VED ADA COUNTY HIGHWAY DISTRICT ~r''CCCC -GREG OSLUND, P2 TIM HEPPER, P/Z ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH JAN 2 4 1996 BOB CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT CITY Cx' MERIDIAN CHARLIE ROUNTREE, CJC -WALT MORROW, C/C -GLENN BENTLEY, C/C -WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT ~ FiRf?~DEPARTMENT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM 8r FINAL PLAT) INTERMOUNTAIN GAS(PRELIM ~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES / OTHER:__ ~° a-.3 ° ~ fo YOUR CONCISE REMARKS: POLICE DEPARTMENT Sl~r,e :e.-F N'p -n ~ S`iG f,S ce>; G (~ Al J' ~ 1~o B e ~ p CITY ATTORNEY CITY ENGINEER CITY PLANNER Pi~- r /~i N A .Ti/ ~Q ~ ore c.c i/ i ~,g i s 57f~,. f>! There Cq~ $Q 0 ' CAL ~ D2- Si4~ F'~e~ V r.t.+v ~ W;Lc. /u.?a y`D ,c?,a Sj7d f.P d y h •¢ W ~4 f e.r ~2/.r~f •~ Q LL ~ O h1 w~ a -J A-k'~l4 S .4ND 0 ~21c1 , "P~cES w: LL A1~4+~ Be ~,2a-F eLeae Tr.4s 4- Cy.e~¢ s • Lt)Q w;GL - - - •[,'~ ~a itav~ ~4ccess ~ ~kA ~; ascy /e Lp ./v• F4Ir,i~uy ,ETAS, also ~fte Tp ~w ~ oYac~ a ,5 ~ (.~.n! 7 i LL ~w~{k v`.~ ~ p w t~ ~ nS ~ ~ .~ ~/ 7~0 SGc b~i U i S %d.~ 1 ~ .e r ~ W , L(_ ~ ~ ~N ~ ~ d/LIU ~ ~nC>l'~ l~ _~h/ ¢ ~Ll~' d--~ ~"~ ~S G S Lt.. YJ r~ (/ t S(p ,J S .SEE /Q rT ~4G ~ 'Q O~ ~µ ~ ~.e /- ~-Q l2- ~~ E ~ A~~Q r F~OGJ %2.QGj u i Q~ wK e .J - f • ~ ~I~E I'~.2~. ~.o'f' l.ooi~ sl7/I[[. r'~ 1~' `-'~ ~~ ~lRINTENDENT OF SCHOOLS Bob L. Haley DEPUTY SUPERINTENDENT D0. EXCF~ Dan Mabe, Finance & Administration 4 ~~. ASSISTANT SUPERINTENDENT ~ 7i Christine Donnell, Personnel & Instruction 2 ~~~\~ '~ ~ DIRECTORS ~ 7j Sheryl Belknap, Elementary Q Jim Carberry, Secondary ~y Doug Rutan, Special Services JOINT SCHOOL DISTRICT N0.2 911 MERIDIAN STREET • MERIDIAN,IDAH083842 • PHONE(208)888.8701 January 30, 1996 City of Meridian 33 East Idaho Meridian, Idaho 83642 Re: Ranch Subdivision Dear Councilmen: ~EcE~vED ,JAN 3 1 1996 CI1'y ~ ~Vi~~?i~1~ar~ I have reviewed the application for Ranch Subdivision and find that it includes approximately 443 homes assuming a median value of $150,000. We also find that this subdivision is located in census tract 103.13 and in the attendance zone for Mary McPherson Elementary School, Lake Hazel Middle School and Meridian High School. Using the above information we can predict that these homes, when completed, will house 124 elementary aged children, 103 middle school aged children, and 128 senior high aged students. At the present time Mary McPherson Elementary is at 123 of capacity. This development is substantial and would severely test the capacity of our existing schools. The Meridian School District will grant approval of this development if a school site is included. There is little opportunity to shift attendance boundaries since the surrounding schools are also well over capacity. The cost per student for newly constructed schools, excluding site purchase price and offsite improvements, exceeds $5,000 per elementary student and $10,000 per middle or high school student. We are in a difficult position and need your help in dealing with the impact of growth on schools. Sincerely, Jim Carberry Administrator of Support Programs JC:gr 0S9L St~£ 80Z ~~ o JAMES E. BRUCE. President SHERRY R. HUGER, vice President SUSAN S. EASTIAKE, Secretary • Z~ : 9T 96 ~ Et0 Sad ~EcE~v~D FEB 0 8 1996 CITY OF MERIDIAN February 8, 1996 Ms Sherri Stiles City of Meridian 33 East Idaho Street Meridian, Idaho 83642 TRANSMITTED BY FACSIlVIILE Re : BalUantyne-1Youtner Business Park and the Ranch Subdivision The Ada County Highway District staff have deferred action on the referenced development applications pending receipt and acceptance of the requested txaffic impact studies. We will inform your office when further action is taken. Please let me know if there are any questions or concerns. ai, ` David Szplett Transportation Engineer cc: .project file ada county highway district 318 East 37th • Bolse. Idaho 83714-6499 • Phone (208) 345-7680 CENTRAL CEICfT~AL DISTRICT HEALTH DEPA~`fl°IENT •• DISTRICT Environmental Health Division HEALTH ,~~~~.'~,~~ Retur^n Boise DEPARTMENT i p, n! ~ (~ 996 ^ Eagle Rezone # ^ Garden city ' ' ~~'leridian ',, Conditional Use # ^ Kuna ~' reliminary Final /Short Plat TffNC~ St/~~/vas'/~/~ ^ 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 ^ solid lava from original grade ^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ,[] 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ~ central sewage ^ community sewage system ^ community water well ^ interim sewage ~ central water ^ individual sewage ^ individual water 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: .central sewage ^ community sewage system ^ community water ^ sewage dry lines ,~ central water 10. Street Runoff is not to create a mosquito breeding problem. ^ I I. Stormwater disposal systems shall be reviewed by relative to: ^ Waste Disposal ^ Injection Well rules. ^ Groundwater Protection ^ 12. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 14. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store ,® 15. Date: / 020 /~ ,a 7~yz A-Cr~ i7~YiG.. Reviewed By: ~+t`~L,..P ~ Review Sheet (DHD 10/91 rch, rev. I/95 CENTRAL •• DISTRICT ~R H EALTH , 52,,• FAX: DEPARTMENT MAIN OFFICE • 107 N. ARMSTRONG PL BOISE, ID. 83704 (208) 3 5- 327-8500 To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment. STORMWATER MANAGEMENT RECONIlVIENDATIONS We recommend that the first one half inch of stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: ~l) GUIDELINES FOR TREATMENT AND DISPOSAL OF STORMWATER RUN OFF. Idaho Division of Environmental Quality, Southwest Idaho Regional Office, September 1995. 2) STORMWATER MANAGEMENT MANUAL FOR THE PUGET SOUND, State of Washington Department of Ecology, February 1992. 3) ADA COUNTY HIGHWAY DISTRICT GUIDELINES FOR STORMWATER AND SITE DRAINAGE MANAGEMENT. Serving Valley, Elmore Boise and Ada Counties Ada !Boise County CMl1ce WIC Boise -Meridian 101 N. Armstrong q. 1606 Roberts Boisee. ID. 83104 Bone, ID. Enviro. Health: 321.1499 83105 Ph.334-3355 Fanib/ Plann~g: 321-7400 324 Meridian, ID. Immun¢ations: 321.7450 83642 Ph. 888.6525 Nutrition: 321-1460 WIC: 321.1488 E~nore County CMBce 520 E. 8th Street N. Mountain Home, ID. 83647 Ph. 581-4401 Elmore County CMAce d Envirarmentd HeaBh 190 S. 4th Street E. Mountain Home, ID. 83641 Ph. 581-9225 vdley ~ oetce P.O. Box 1448 McCal. ID. 83638 Ph. 634-1194 .. t: c ~` OFFICIALS WILLIAM G. BF_RG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chlef W.L. "BILL" CORDON, Police Chlef WAYNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO MERIDIAN, IDAHO 83642 ~ ~ ~ Q ~~ D P rt<Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public WorksBuilding Depa~mest (208) 887-2211 A ~ ~ ~ ~ee~ TIM HEPPER Motor Vehicle/Drivers License (208) 888-4443 N JJ JIM SHEARER GREG OSLUND ROBERT D. C~RRIE NAM PA & MERIL~lAN MALCOLM MACCOY IRRIGATION DISTRICT Maya 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 Planning 8~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: February 6. 1996 TRANSMITTAL DATE: 1/18/96 HEARING DATE: 2/13/96 REQUEST: Preliminary Plat for the Ranch Subdivision BY: The Westpark Company LOCATION OF PROPERTY OR PROJECT: East of S. Locust Grove Road. North of E. Victory Road, West of South Eagle Road JIM JOHNSON, P/Z MALCOLM MACCnY, P/Z JIM SHEARER, P/Z GREG OSLUND, P2 TIM HEPPER, P2 BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT 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 IVAMPA MERIdtAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8~ FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) BUP,EAU OF RECLAMATION(PRELIM ~ FiNAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: c pFCEI F E B 0 81996 • HUB OF TREASURE VALLEY ~ COUNCIL MEMBERS A Good Place Eo Live WALT W. MORROW, President RONALD R. TOLSMA CITY OF MERIDIAN C GLENN R. BENTLEYEE CI°T~ ~t o~ERt®IAN • '~sr~ia ~i ~1~i~ccd~a~c ~Ivugaua~ Dzv.~xiet 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 6 February 19 9 6 Phones: Area Code 208 OFFICE: Nampa 466-7861 J. J. Howard Engineers Boise 343-1884 2626 North 32nd Street SHOP: Nampa 466-0663 BOlSe, ID 83703 Boise 345-2431 RE: Land Use Change Application for The Ranch Subdivision Dear J. J. Howard: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above- referenced development. If you have any questions concerning this matter please feel free to call on Donna Moore at the District's office or John Anderson, the District's Water Superintendent at the District's shop. Sincerely, DAREN R. COON, SECRETARY/TREASURER NAMPA & MERIDIAN IRRIGATION DISTRICT DRC/dnm cc: File Water Superintendent The Westpark Company City of Meridian enc. ~Op~ APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 •• HUB OF TREASURE VALLEY •• WILLIAM G. BF_RG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Departrnmr (208) 887-2211 Motor Vehicle/Drivers License (208) 888443 ROBERT D. CORRFE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF A+I=E,RIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: February 6, 1996 TRANSMITTAL DATE: 1/18/96 HEARING DATE: 2/13/96 REQUEST: Preliminary Plat for the Ranch Subdivision BY: The West~ark Company LOCATION OF PROPERTY OR PROJECT: East of S Locust Grove Road, North of E. Victory Road. West of South Eagle Road JIM JOHNSON, P2 MALCOLM MACCOY, P/Z JIM SHEARER, P/Z GREG OSLUND, P/Z TIM HEPPER, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT 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 8~ FINAL PLAT) U.S. WEST(PRELIM ~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM ~ FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: J1//> ~o,.~~,,.~, R EI tr!',~+ rec. ~ ~ ?~..~.;t~ CITY dJ~ i~L~~'x~!<_.~ iii OFFICIl~I WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Flre Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney ~~ HUB OF TREA t" 'RE VAL,LEY~• A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor S'cQS1NSl~ MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY 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 Planning ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: February 6, 1996 EcE~vEQ TRANSMITTAL DATE: 1/18/96 HEARING DATE: 2/13/9 REQUEST: Preliminary Plat for the Ranch Subdivision .IAN 2 9 1996 ~~s..~_ ~,~ ~~a1=Rlc~ ~~, BY: The Westpark Company LOCATION OF PROPERTY OR PROJECT: East of S. Locust Grove Road, North of E. Victory Road. West of South Eagle Road JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P2 MERIDIAN POST OFFICE(PRELIM & FINAL PLA JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT ~F~i'F'~,~~ -GREG OSLUND, P/Z ADA PLANNING ASSOCIATION -TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH ~AN Z ~ X995 -BOB CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT -RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT Meridian City -CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM 8~ FINAL PLAT) Water Supelintsnc~es~it -WALT MORROW, C/C U.S. WEST(PRELIM 8~ FINAL PLAT) -GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM ~ FINAL PLAT) -WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT) -SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKSahe_ Meridian Water De>7artment -POLICE DEPARTMENT recommends these changes CITY ATTORNEY 1.On Locust Grove, have an entrance to the CITY ENGINEER Subdivision. 2. A 12" water main be installed CITY PLANNER from south boundary of Salmon Rapids on Locust Grove to Victorv Rd. , then a 12" water main east on Victory Rd. to Eagle Rd. then north to overland across north under I-84 to 12" stub from St. Lukes. 3. Also on Overran R east end of The Playground install 12" water main east to Ea;zle Rd. this gives us a loop system without a dead end lines. Pressure, uantity, and Quality are im roved. 4. Delete Water Main from E. Shorthorn Ct. to Mackay Pl. on Easement. 5. Delete Water Main on Burl Trout Dr. to Lot 65 in to future school this should feed off of Eagle Road. 6. Review of plans on subdivision shall be done at time of Plan review submittal. OFFICIALS • WILLIAM G. ~BF_RG, JR., City Clerk JANI~E L. GASS, City Treasurer GARY D. SMITH, P.E., Clty Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Flre Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney '/ 23~g~ ~°ti HUB OF TREASURE VALLEY ~ COUNCIL MEMBERS A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Worlcs/Building Ikpattrnent (208) 887-2211 Motor Vehicle/Drivers Liaase (208) 888-4443 ROBERT D. CORRIE Mayor WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY 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 Planning ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by. TRANSMITTAL DATE: 1/18/96 HEARING DATE: 2/13/96 REQUEST:: BY: The Westoark Company LOCATION OF PROPERTY OR PROJECT:.- ~E~~~t JIM JOHNSON, P/Z MALCOLM MACCOY, P2 JIM SHEARER, P/Z GREG OSLUND, P2 TIM HEPPER, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER RECEIVED FE B - 1 1996 MERIDUW SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8~ 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 8~ FINAL PLAT) CITY FILES OTHER: CITY 0~ 1~ERIDUN ~ . • The Westpark Company, Inc. R~'~E''''E~ Real Estate Development FEB 1 3 1996 • P.O. Box 344, Meridian, ID 83642 t:.~'i ; ; ~ ~~~#~~~~~~ "~ (208) :>Q896~0~ 888-9946 12 February 1996 Bruce Freckleton (Assistant to City Engineer) Shari Stiles, Planning & Zoning Administrator. Kenny Bowers, Fire Chief City of Meridian 33 East Idaho Street Meridian, ID 83642 Re: The Ranch Subdivision, Preliminary Plat Response to Staff Comments GENERAL COMMENTS: 1) We will be tiling all irrigation ditches that will be remaining in use after the project is complete. We are also applying to the the portion of Nine Mile Drain that extends through the project. We will be requesting a variance allowing the Eight Mile Lateral. and the Ridenbaugh Canal to be fenced rather than tiled. 2) We will comply. 3) We will comply. 4) We have submitted CC&Rs. 5) We are requesting sidewalks on one side of .the street as allowed in the PUD process as we are building pathways throughout the subdivision to encourage pedestrian traffic in the greenbelt areas as opposed to the street. 6) We will work with the city during the engineering process to ensure adequate water supply. ~~-'- _ .., 7) We will work with Public`--.Wgr..,l~s to supply adequate sewer service. 8) We will comply. ;`:+ 9) We will comply. 10) Our maps .show no Flood Plain Boundaries on the Subject Property....,. ;.. ~..., •~y11) We will comply. . ~ • SITE SPECIFIC COMMENTS: 1) The Legal Description for the potential High School Site is attached. It was submitted with the tabled Annexation Request. We are .requesting it be annexed and Zoned R-4. If for some reason over the next five years the School District does not purchase this property for a high school, we will submit a preliminary plat for its development. 2) our first option is to service the project through Frank Stopello's property and attach to the Nine Mile Trunk Stub out of Phase 2 Los Alamitos. If access to sewer is blocked on this route, we have left access available to Locust Grove and the main can be kept at the same depth in this alternative route. 3) We have planned service of water by extending main on .Locust Grove and entering the Northwest corner of the project. The link with Los Alamitos Subdivision will be made when the Steppelo's property is developed. 4) We were furnished this information to line up with Time Zone Drive by Roylance and Associates. We have sent a letter to the Mayor addressing this problem. The access to Locust Grove was eliminated because of the restricted site distance with the canal bridge etc. at that location. The west side of the Ridenbaugh will eventually have three access points. Two of them out to Victory Road and one north through Frank. Steppelo's property and Los Alamitos Subdivision. The property east of the Ridenbaugh will have access to Victory Road. and northwest access on Time Zone Drive connecting with Los Alamitos Subdivision west to Locust Grove and north to Overland Road through the approved subdivision to the north. Variances on road widths can be granted in a PUD. Haven Cove is not a PUD. 5) We have shown everything of public record. We have shown pressurized irrigation, source is Ridenbaugh Canal. 6) We have shown the drainage plan. obtained with final plats. 7) We will comply. 8) We will comply. 9) We will comply. 10) We are providing this. 11) We will comply. 12) We will comply. Letters of approval will be ~ >. 13) We intend to the Nine Mile Drain along the Ridenbaugh. The other drainage will be incorporated into our storm drainage system. The drain is substantially smaller at this point than in Los Alamitos. 14) The site may be sold to the School District. It not, we will submit a plat for development. as R-4 or submit a request to amend the comprehensive plan and rezone to L-O as originally planned. L-O would certainly not increase the residential density and would provide the necessary revenues. This portion of ground will not have utilities for several years and will remain available to the School District if they desire to purchase it. 15) We will comply with this request on a per phase basis as final plats are filed. 16) We will comply with requirements. 17) We have furnished computations. 18) We will design and review this type of detail at Final Plat stages. 19) We have complied and adjacent owners are in agreement. 20) City Council Findings & Facts found the L-O on Locust Grove to be beneficial to the City of Meridian. 21) We felt it desirable to get it as close to the .intersection of Victory and Eagle as possible. If the city would like, we will designate it be the southeast corner of the parcel adjacent to Eagle Road. Sinc ely, eg o Pres ent, The Westpark Company, Inc. Managing Partner of Gem Park II i • The Westpark Company, Inc. Real Estate Development n P.O. Box 344, Meridian, ID 83642 ~" (208) 589~9~Fi9 888-9946 ~. 12 February,1996 Bruce Freckleton (Assistant to City Engineer) I'rShari Stiles, Planning & Zoning Administrator Kenny Bowers, Fire Chief City of Meridian 33 East Idaho Street Meridian, ID 83642 Re: The Ranch Subd-vision.,. Preliminary Plat Response to Staff Comments GENERAL COMMENTS: S',t"~ ~ REc~~vED FE6131~8°*.v CRY ~ 1~RIDIAN 1) We will be tiling all irrigation ditches that will be remaining in use after the project is complete. We are also applying to the the portion of Nine Mile Drain that extends. through the project.. We will be requesting a variance allowing the Eight Mile Lateral and. the Rdenbaugh Canal to be fenced. rather. than tiled. Please send appropriate variance forms to our office. 2) We will comply. 3) We will comply. 4 ) We have previously submitted CCS~Rs for your review... Do you- need additional copies? 5) We will develop a five foot sidewalk on one side of the street as allowed in the PUD process (Section 9-607) as we are building pathways. throughout the subdivision to encourage pedestrian traffic in the greenbelt areas as opposed to the street. 6) We will work with the city.. during. the engineering.. process. to ensure adequate water supply. 7} We will work. with.. Public- Works. to supply adequate sewer service. 8) We will comp y. 9) We will comply. • • 10) Our maps show no Flood Plain Boundaries on the Subject Property, 11) We will comply. 12) This letter complies with item #12. SITE SPECIFIC COMMENTS: 1) The Legal Description for the potential High School Site is attached. It was submitted with the tabled Annexation Request. We are requesting it be annexed and Zoned R-4. If for same reason -over the next five years the School District does not purchase this property for a high school, we will submit a preliminary plat far its development. 2) Our first option is to service the project through Mr. Frank Stopello's property and attach to the Nine Mile Trunk Stub out of Phase 2 Los Alamitos. If access to sewer is blocked on this route, we have left access available to Locust Grove and the main can be kept at the same depth in this alternative route. 3) We have planned service of water by extending main on Locust Grove and entering the Northwest corner of the project. The link with Los Alamitos Subdivision will be made when the Steppelo's property is developed. 4) We were furnished this information to line ug with.Brandy's Jewell Avenue (formerly Time Zone Drive) by Roylance & Associates and City offic-ials and ACHD officials. City and ACHD officials have informed us that we are only responsible for one-half of the cost to construct this public bridge.- We have sent a letter to the Mayor addressing this problem but have not received a written response. The access to Locust Grove was eliminated because of the restricted site distance with the canal bridge and safety concerns at that location. The west side of the Ridenbaugh will eventually have three access points, Two of them out to Victory Road and one north through Frank Steppelo's property and Los Alamitos. Subdivision.. The property east of the Ridenbaugh will have access to Victory Road. and northwest access on Time Zone Drive connecting with Los Alamitos Subdivision west to Locust Grove and north to Overland Road through the approved subdivision to the north. Variances. on road widths can be granted in a PUD per Section 9-607. Haven Cove is-not a PUD. 5) We have shown. everything of public.. record.... We have shown..: pressurized irrigation, source is Ridenbaugh-Canal. 6) We have shown the drainage plan. Letters of approval will. be obtained with final plats. 7)- We will comply. 8-) We will comply. 9) We will comply. 10-) We are providing this. 11) We will comply. 12) We will comply. 13} We intend. to the Nine Mile Drain along the Ridenbaugh. The other drainage will be incorporated into our storm drainage system. The drain. is- substantially smaller at this point than in Los .Alamitos. 14) The site may be sold to the School District. It not, we will submit a plat for development as R-4 or submit a request to-amend the comprehensive plan and rez-one to L-O as originally planned and as directed by the City Council. L-O would certainly not increase the residential density and would provide necessary city tax revenues. This portion of ground will not have utilities for several years and will remain available to the School District if they desire to purchase it. 15) Information has been provided to the city. We will continue to coordinate with the city on a per pl'iase basis as final .plats-are filed. 16) We will be providing documentation to the city indicating that storage needs at "The Ranch" are less than typical residential development. Storage will be provided for the lifestyle units. We will comply with the parking requirements of the Zoning Ordinance, no additional parking space is needed... The parking. facility-near the elementary school site has been eliminated because ACHD and .the city have required us to pay for one-half of the cost to construct a public bridge for school access. This action eliminates the need for extra parking. "The Ranch" is oriented to pedestrians.. A maintenance building will be constructed for the project near the lifestyle campus. 17) We have furnished computations. 18) We will. design and review this type of detail at Final Plat stages. 19)-We have complied and adjacent largest lot size would be 18,Ofl0 only at selected locations. owners are in agreement that the square feet, {not 1/2 acre) and 20) City Council Findings & Facts found the L-O on Locust Grove to be beneficial to the City of Meridian. 21) We felt it desirable to get it as close to the intersection of Victory and Eagle as possible. If the city would like, we will designate it be the southeast corner of the parcel adjacent to Eagle Road. Sincerely, .Greg Johnson President, The Westpark Company, Inc. Managing Partner of Gem Park II . ~{ y y • REc~~vED FEB 1 ?1996 Cn"Y U~' MERID4W>: . February 11, 1996 To: Meridian Planning and Zoning Commission 33 E. Idaho Meridian, Idaho 83642 From: Jon and Bonita Glick 2860 E. Victory Rd. Meridian, Idaho 83642 Re: Application of The Westpark Co. for a Preliminary Plat for approximately 180.9 acres of land located in the S 1/2 of Section 20, T.3N, R.lE, Boise Meridian, Ada Co., Idaho. After looking over the plat proposed by The Westpark Co. for The Ranch Subdivision, we submit this letter to you to be entered into the record as our testimony. This proposed subdivision will run the length of our 2.2 acre rural property and our concerns are many. Firstly, we notice that, overall, the new plat has as much, if not higher, density as the original proposal. Since the Comprehensive Plan states that there is an importance to maintaining compatible land uses to ensure an optimum quality of life...and new urban density subdivisions which abut or are proximal to existing rural residential land uses shall provide transitional densities with larger more comparable lot sizes to buffer the interface between urban level densities and Waal residential densities...and that land next to n~ral land should be developed with lots compatible with the rural areas to improve and enhance each neighborhood's condition and its quality of life, we do not feel this plat is in compliance with these guidelines. The small lots and overall density do not enhance the rural quality of life in this area of the county. Since all of the acreages adjacent to this proposed development, like ours, are 2-7 acres, we feel there should be a larger percentage of transitional lots at R2, with R3 transitioning to R4 tucked within the development. Secondly, we note on the proposed plat that the section to the north east is slated for R4 but noted "for future high school". Our understanding is that the school district and the developer have not reached an agreement at this time, however, so we would not want to see this plat approved with that large section unaccounted for in terms of specifics. A third concern is the pump station located along our property line in the southeast corner of the development. We would request that consideration be given to us regarding how much noise this will generate and what kind of aesthetic quality it will have when built. A fourth concern is regarding the drainage retention lot. Where will it be and will the drainage be adequate and safe for our domestic well water source? Again, we stress that many of us along J "i Victory Road have had to redrill our wells in the last few years, and desire that the wells on these properties to be developed not be used for subdivision irrigation. In conclusion, we do not think this plat should be approved because of the high density and inadequate transitional lots abutting rural land and the present uncertainty of the property slated for high school use and consequent lack of specifics to indicate what will be built there. Thank you for your consideration of our concerns regarding this proposed development. Sincerely, Jon and Bonita Glick ~~j 0~~~. T e Westpark Company, Inc. RECEIV Real Estate Development FEB 1 3 1996 P.O. Box 344, Meridian, ID 83642 C~'!`Y ~ ME-RIDIAN (208) 888-894a 888-9946 ~~~;~ U June 26, 19.95. Dan Mabe Deputy Superintendent Joint School District No. 2 911 Meridian St. Meridian, Id. 83642 Dear Dan: Enclosed please find a legal description, topography map and a draft sales proposal for property known as the Nixon property. This is the property you approached us to buy for a high school site. Timing is critical to us. If we don't sell and close this property within 45 days we will be too far into our development to be willing to sell. The proposed price is based on us paying approximately $527,000 to bring sewer and water to the site. We would consider $20,000 per acre with he school district building the water and sewer line along an agreed path within 12 month of closing. Please get back to us as soon as possible. Sincerely, Greg Johnson a~~~~-.= k~-•?S TH~J 4~ :44 F'M WE'3TPi=iRK COMPANY <A'~ ~'j~3 a~~"LO ' Inc. The Westpark Company, .Real .state Development F.O. Box 344, Meridian, 1Q 83642 {208) 389.8x49 883-9946 PURCHASE AGREEMENT BUYER: Joint School District No. 2, 9i1 Meridian St, Meridian, Id. 83642 Phone 888-6701 SELLER: Gem Park~No. 2 P.O. Box 3~k4 Meridian, Id. 83580 Phone 588-99 ~~~ ~~ ~__Jf ~s~bk,~:~". ,~,.,.. ~ X99 PROPERTY: 3.3:~7zfi acres see attached legal (Exhibit "A") ~:~. EST MONEY • ~$25~#•'OOa~~~ Twenty--five thousand dollars and no/100ths. P.03 EARN :~. <r;,., ,,»:~ Ito apply to purchase at' closing. ~L~-- 37.(0 SALES PRICE: $2,128,000, One million one .hundred twenty-eight ~ thousand dollars and no/100ths. ~;_ CLOSING:. July 30, 1995 ~~g ; ~. __ __ _ Seller to provide the following: 1) Owners Title Policy for the amount of the purchase. 2 ) Level One_ environmental stud~,7 _ . _- 3 ) -- ~7`~, ~. ~ ~~ •~~ : ~~-' ;~~ ~e,and,~water stubbed,tth~ 1 r a.. :.i-i•.-....~...a.:.ri ~t?s`r._':. Ana.,, '!" h. .'y:;7'!_"i~1 4) Provide an emergency access lane~to a public street from the West side of subject parcel_ Buyer will be allowed to conduct soils test providing crops are z~ot disturbed. ( Soil contingency will be removed in writing by July 15, 1,995. Buyer i.s aware that property is in process Por annexation and zoning for L--0 zoning with the City of Meridian. sale is subject to the Seller being able to arrange a 1030 tax deferred exchange. Buyer is willing to lease back farm and dairy for $4,000 per year cash lease with Buyer paying irrigation assessment for five years. / ~ m p ~ N 2 f5y : Greg Johnson Managing Partner Meridian School District by: Dan Mabe Deputy Superintendent .~ HOWARD R. FOLEY MARK S. FREEMAN MARGARET S. SCHAEFER January 2 6, 19 9 6 Greg Johnson Westpark Company, Inc. P.O. Box 344 Meridian, Idaho 83680 PHONE (208) 888-9111 TELECOPIER (208) 888-5130 Re: Gem Park No. 2 Partnership / Joint School District No. 2 Possible Future High School Site ~.~.CE~ & ~ZP~1rC~SxC, C~.~~r~PZ~~ ATTORNEYS AND COUNSELORS AT LAW P.O. BOX 10 77 IDAHO STREET HERITAGE BLDG., SUITE 300 MERIDIAN, IDAHO 83680 Dear Mr. Johnson: My purpose in writing is to confirm the substance of our telephone conversation of January 23, 1996. During this conversation, I indicated that I had received your January 19, 1996 letter to Mr. Carberry regarding the Seller's offer to provide a letter of credit to guarantee the construction of the water and sewer extension. When I inquired regarding the Seller's position on the purchase price, you stated that the $30,000.00 per acre price was not negotiable. You further stated that if you were unable to obtain $30,000.00 per acre, the partnership would rather develop the subject property P~s~ contact me i$imec~iately in the event I have misstated the substance of our conversation since I would like to provide the Seller's position on the purchase price to Mr. Carberry and Mr. Haley for presentation to the Board as soon as possible. Sincerely, ~~ MSF/kli ~- FO FREEMAN, CHARTERED Ma Freema ~ ~~~ C~ ~GZ~ /~ G~ ~s~ ~~~ DRAFT MASTER DECLARATION OF COVENANTS. CONDITIONS AND RESTRICTIONS F2R THE RANCH SUBDIVISION THIS MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE RANCH SUBDIVISION is made effective as of the day of 1996, by The Westpark Company, Inc. ("Grantor" and "Class 6 Member"). + ~. ~ ~ TABLE OF CONTENTS Page ARTICLE I: RECITALS ................................................................. 1 1.1 Propertv Covered ..................................................... 1 1.2 Residential Development ................................................ 1 1.3 Purpose of Master Declaration ............................................ 1 ARTICLE II: DECLARATION ............................................................ 1 ARTICLE III: DEFINITIONS ............................................................. 1 3.1 "Architectural Committee" ............................................... 1 3.2 "Articles" ............................................................ 2 3.3 "Assessments" ........................................................ 2 3.4 "Association" ......................................................... 2 3.5 "Association Rules" .................................................... 2 3.6 "Board" ............................................................. 2 3.7 "Building Lot„ ........................................................ 2 - 3.8 "Bylaws" ............................................................ 2 3.9 "Common Area" ...................................................... 2 3.10 "Declaration" ......................................................... 2 3.11 "Grantor" ............................................................ 2 3.12 "Improvement" ....................................................... 2 3.13 "Limited Assessment" ................................................... 2 3.14 "Local Association" .................................................... 2 3.15 "Local Association Board" ............................................... 2 .3.16 "Local Common Area" .................................................. 3 3.17 "Master Association" ................................................... 3 3.18 "Member" ......................:.................................... 3 3.19 "Owner" ............................................................ 3 3.20 "Person" ............................................................ 3 3.21 ,~ Pat' ............................................................... 3 3.22 "Propertv" ........................................................... 3 3.23 "Ridenbaugh Canal" ................................................... 3 3.24 "Regular Assessment" ................................................... 3 3.25 "Special Assessment" ................................................... 3 3.26 "Supplemental Declaration" .............................................. 3 3.27 "The Ranch Common Area" .............................................. 3 3.28 "The Ranch Subdivision" ................................................ 4 3.29 "Tract" .............................................................. 4 ARTICLE IV: GENERAL AND SPECIFIC RESTRICTIONS ....................................... 4 4.1 Structures - Generally ................................................... 4 4.1.1 Use, Size and Height of Dwelling Structure .......................... 4 4.1.2 Architectural Committee Review .................................. 4 4.1.3 Setbacks and Height ............................................ 4 4.1.4 Accessory Structures ........................................... 4 4.1.5 Driveways ................................................... 5 4.1.6 Mailboxes ................................................... 5 4.1.7 Fencing ..................................................... 5 TABLE OF CONTENTS - i i ~ 4.1.8 Lid ..................................................... 5 4.2 Antennae ............................................................ 5 4.3 Insurance Rates ....................................................... 5 4.4 No Further Subdivision ................................................. 5 4.5 i n ............................................................... 5 4.6 Nuisances ........................................................... 6 4.7 Exterior Maintenance: Owner's Obligations .................................. 6 4.8 Drainaee ............................................................ 6 4.9 radin ............................................................. 6 4.10 Water Supply Systems .................................................. 6 4.11 No Hazardous Activities ................................................ 7 4.12 Unsightly Articles ...................................................... 7 4.13 No Tem~ry Structures ................................................ 7 4.14 N9 Unscreened Boats Campers and Other Vehicles ........................... 7 4.15 Sewage Disposal Systems ................................................ 7 4.16 No Mining or Drilling .................................................. 7 4.17 Energy Devices Outside ................................................ 7 4.18 Vehicles ............................................................. 7 4.19 Animals/Pets ......................................................... 7 4.20 Landscaping .......................................................... 8 4.21 Exemption of Grantor .................................................. 8 4.22 Water Rights Appurtenant to Subdivision Lands ............................... 8 4.23 Commencement of Construction .......................................... 9 ARTICLE V: THE RANCH HOMEOWNERS' (MASTER) ASSOCIATION ............................ 9 5.1 Organization of The Ranch Homeowners' Association ......................... . 9 5.2 Membership ........................................................ . 9 5.3 Voin~ ............................................................. . 9 5.3.1 Class A Members ............................................. . 9 5.3.2 Class B Members ............................................. . 9 5.4 Board of Directors and Officers .......................................... 10 5.5 Power and Duties of the Master Association ................................ 10 5.5.1 Powers ..................................................... 10 5.5.1.1 Assessments ......................................... 10 5.5.1.2 Right of Enforcement .................................. 10 5.5.1.3 Delegation of Powers .................................. 10 5.5.1.4 Association Rules ..................................... 10 5.5.1.5 Emeree~ Powers .................................... 11 5.5.1.6 Licenses. Easements and Rights-of-Way .................... 11 5.5.2 Duties ..................................................... 11 5.5.2.1 Operation and Maintenance of The Ranch Common Area ...... 12 5.5.2.2 Reserve Account ..................................... 12 5.5.2.3 Maintenance of Berms. Retaining Walls and Fences ........... 12 5.5.2.4 Taxes and Assessments ................................. 12 5.5.2.5 Water and Other Utilities ............................... 12 5.5.2.6 Insurance ........................................... 12 5.5.2.7 Rule Makine ........................................ 13 5.5.2.8 Newsletter .......................................... 13 - 5.5.2.9 Architectural Committee ............................... 13 5.5.2.10 Enforcement of Restrictions and Rules ..................... 13 5.6 Personal Liability ..................................................... 13 5.7 Budgets and Financial Statements ........................................ 14 5.8 Meetings of Master Association .......................................... 14 TABLE OF CONTENTS - ii • ARTICLE VI: LOCAL ASSOCIATIONS .................................................... 14 6.1 Creation by Grantor ................................................... 14 6.2 Management. Powers and Duties ......................................... 14 6.3 Members of Local Associations .......................................... 14 6.4 Voting in Local Associations ............................................ 15 6.4.1 Class A Members ............................................. 15 6.4.2 Class 8 Member .............................................. 15 6.5 Annual Meetings of Local Association ..................................... 15 6.6 Special Meeting ..................................................... 15 6.7 Quorum and Officers of Meetingg ......................................:. 15 6.8 Powers and Duties .................................................... 16 ARTICLE VII: RIGHTS TO COMMON AREAS .............................................. 16 7.1 Use of The Ranch Common Area ......................................... 16 7.2 Designation of Common Area ........................................... 16 7.3 Delegation of Right to Use ............................................. 16 7.4 Dama~es ........................................................... 17 ARTICLE VIII: PRESSURIZED IRRIGATION ................................................ 17 8.1 Irrigation District Service ............................................... 17 8.2 No Private System ..................................................... 17 8.3 Water Master ....................................................... 17 ARTICLE IX: ASSESSMENTS ........................................................... 17 9.1 Covenant to Pay Assessments ............................................ 17 9.1.1 Assessment Constitutes Lien ..................................... 17 9.1.2 Assessment is Personal Obligation ................................ 17 9.2 Re~ufar Assessments .................................................. 17 9.2.1 Purpose of Regular Assessments .................................. 17 9.2.2 Computation of Regular Assessments .............................. 18 9.2.3 Amounts Paid by Owners ...................................... 18 9.3 Special Assessments :.................................................. 18 9.3.1 Purpose and Procedure ........................................ 18 9.3.2 Consistent Basis of Assessment ................................... 18 9.4 Limited Assessments .................................................. 19 9.5 Uniform Rate of Assessment ............................................. 19 9.6 Assessment Period ....... ............................................ 19 9.7 Notice and Assessment Due Date ........................................ 19 9.8 Estoppel Certificate ................................................... 19 9.9 Special Notice and Quorum Requirements .................. 19 ARTICLE X: ENFORCEMENT OF ASSESSMENTS; LIENS ...................................... 19 10.1 Right to Enforce ...................................................... 19 10.2 Assessment Liens ..................................................... 20 10.2.1 Creation .................................................... 20 10.2.2 Claim of Lien ................................................ 20 10.3 Method of Foreclosure ................................................. 20 10.4 Reauired Notice .......................:............................. 20 10.5 Subordination to Certain Trust Deeds ...................................... 20 10.6 Ri~htsof Mortgagees .................................................. 21 ARTICLE XI: INSPECTION OF ASSOCIATION'S BOOKS AND RECORDS ........................ 21 TABLE OF CONTENTS -iii 11.1 Member's Right of Inspection ............................................ 21 11.2 Rules Regarding Inspection of Books and Records ............................ 21 11.3 Director's Rights of Ins ep dion ........................................... 21 ARTICLE X11: ARCHITECTURAL COMMITTEE ............................................. 21 12.1 Creation ............................................................ 21 12.2 Grantor's Ri hg t of Appointment ..... ..................................... 21 12.3 Review of Proposed Construction ... ..................................... 22 12.3.1 conditions on Approval ... ..................................... 22 12.3.2 Architectural Committee Rul es and Fees ........................... 22 12.3.3 Detailed Plans .......... ..................................... 22 12.3.4 Architectural Committee Dec isions ............................... 22 12.4 Meetings of the Architectural Committe e ................................... 23 12.5 No Waiver of Future Approvals ..... ..................................... 23 12.6 Compensation of Members ........ ..................................... 23 12.7 Inspection of Work .............. ..................................... 23 12.8 Non-Liability of Architectural Committe e Members ........................... 24 12.9 Variances ...................... ..................................... 24 12.10 Local Architectural Committee ...... ..................................... 24 ARTICLE XIII: EASEMENTS ............................................................ 24 13.1 Easements of Encroachment ............................................. 24 13.2 Easements of Access ................................................... 25 13.3 Drainage and Utility Easements .................................:........ 25 13.3.1 Improvement of Drainage and Utility Easement Areas ................. 25 13.4 Rights and Duties Concerning Utility Easements ............................. 25 13.5 Driveway Easements .................................................. 25 13.6 Disputes as to Sharing of Costs ........................................... 26 13.7 General Landscape Easement ............................................ 26 13.8 Overhang Easement ................................................... 26 13.9 Maintenance and Use Easement Between Walls and Lot Lines ................... 26 ARTICLE XIV: MISCELLANEOUS ....................................................... 26 14.1 Term .............................................................. 26 14.2 Amendment ......................................................... 26 14.2.1 ~ Grantor .................................................. 26 14.2.2 By Owners .................................................. 26 14.2.3 Effect of Amendment ........................................... 27 14.3 Mortgage Protection ................................................... 27 14.4 Notices ............................................................ 27 14.5 Enforcement and Non-Waiver ........................................... 27 14.5.1 Right of Enforcement .......................................... 27 14.5.2 Violations and Nuisances ....................................... 27 14.5.3 Violation of Law ............................................. 27 14.5.4 Remedies Cumulative ......................................... 27 14.5.5 Non-Waiver ................................................. 27 14.6 Interpretation ........................................................ 28 14.6.1 Restrictions Construed To eg ther .................................. 28 14.6.2 Restrictions Severable ......................................... 28 14.6.3 Singular Includes Plural ........................................ 28 14.6.4 Captions ................................................... 28 14.7 Successors and Assigns ................................................ 28 TABLE OF CONTENTS - iv EXHIBIT A LEGAL DESCRIPTION OF PROPERTY ............................................. 30 EXHIBIT B LEGAL DESCRIPTION OF THE RANCH COMMON AREA .................................................. 31 EXHIBIT C LEGAL DESCRIPTION OF THE RANCH TRACTS ..................................... 32 TABLE OF CONTENTS - v • s ARTICLE I: RECITALS 1.1 Pro~er~,y Covered. The property potentially subject to this Master Declaration of Covenants, Conditions and Restrictions for The Ranch Subdivision ("Master Declaration") is the Property legally described in Exhibit A attached hereto and made a part hereof (the "Property"). Grantor intends to develop the Property in stages, which initial stage is more fully described in Exhibit C to this Master Declaration. Each development stage shall constitute a Tract, as defined herein. 1.2 Residential Develo,~~ment. The Ranch Subdivision is a residential development, which Grantor currently intends to develop in accordance with existing development approvals obtained by the City of Meridian and documented in Meridian City files , or any other development plan(s) for which Grantor may from time to time obtain approval. Certain portions of the Property may be developed for quality detached single-family residential homes. The Property may contain parcels of Common Area, including streams and canals, public and/or private open space, park areas, landscaping, recreational facilities, private streets, drives, and other amenities and facilities. Any development plans or schemes for the Property in existence prior to or following the effective date of this Master Declaration are subject to change at any time by Grantor, and impose no obligation on Grantor as to how the Property is to be developed or improved. 1.3 Purpose of Master Declaration. The purpose of this Master Declaration is to set forth the basic restrictions, covenants, limitations, easements, conditions and equitable servitudes (collectively "Restrictions") that will apply to the entire development and use of afl portions of the Property. The Restrictions are designed to preserve the Property's value, desirability and attractiveness, to ensure a well integrated, high-quality development, and to guarantee adequate maintenance of the Common Area, and the Improvements located thereon in a cost effective and administratively efficient manner. ARTICLE II: DECLARATION Grantor hereby declares that the Property, and each lot, parcel or portion thereof, is and/or shall be held, sold, conveyed, encumbered, hypothecated, leased, used, occupied and improved subject to the following terms, covenants, conditions, easements and restrictions, 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, and to enhance the value, desirability and attractiveness of the Property. The terms, covenants, conditions, easements and restrictions set forth herein: shall run with the land constituting the Property, and with each estate therein, and shall be binding upon all persons having or acquiring any right, title or interest in the Property or any lot, parcel or portion thereof; shall inure to the benefit of every lot, parcel or portion of the Property and any interest therein; and shall inure to the benefit of and be binding upon Grantor, Grantor's successors in interest and each grantee or Owner and such grantee's or Owner's respective successors in interest, and may be enforced by Grantor, by any Owner or such Owner's successors in interest, or by the Master Association or any Local Association. Notwithstanding the foregoing, no provision of this Master 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 construction, sales or leasing. ARTICLE III: DEFINITIONS -3.1 "Architectural Committee" shall mean the committee created by the Grantor or an Association pursuant to Article XII hereof. MASTER DECLARATION - 1 westpark\ranch\dec 3.2 "Articles" shall mean the Articles of Incorporation of an Association or other organizational or charter documents of an Association. 3.3 "Assessments" shall mean those payments required of Owners, Master Association Members, or Local Association Members, including Regular, Special and limited Assessments of any Association as further defined in this Master Declaration. 3.4 "Association" shall mean the Master Association and/or a Local Association, whichever is appropriate in the context. 3.5 "Association Rules" shall mean those rules and regulations promulgated by an Association governing conduct upon and use of the Property under the jurisdiction or control of an Association, the imposition of fines and forfeitures for violation of Association Rules and regulations, and procedural matters for use in the conduct of business of an Association. 3.6 "Board" shall mean the Board of Directors or other governing board or individual, if applicable, of an Association. 3.7 "Building Lot" shall mean one or more lots within a Tract as specified or shown on any Plat and/or by Supplemental Declaration, upon which Improvements may be constructed. The term "Building Lot" shall include single-family residential lots, but shall not include the Common Area. 3.8 "Bylaws" shall mean the Bylaws of an Association. 3.9 "Common Area" shall mean any or all parcels of The Ranch Common Area or Local Common Area, whichever is appropriate in the context, and shall include, without limitation, all such parcels that are designated as private. streets or drives, common open space, common landscaped areas. 3.10 "Declaration" shall mean this Master Declaration as it may be amended from time to time. 3.11 "Grantor" shall mean The Westpark Company, Inc., an Idaho corporation, or its successor in interest, or any person or entity to whom the rights under this Declaration are expressly transferred by River View Ventures or its successor. 3.12 "Improvement" shall mean any structure, facility or system, or other 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, streets, drives, driveways, sidewalks, bicycle paths, curbs, landscaping, wildlife habitat improvements, signs, lights, mail boxes, electrical lines, pipes, pumps, ditches, recreational facilities, and fixtures of any kind whatsoever. 3.13 "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 incurred by the Master Association or Local Association for corrective action performed pursuant to the provisions of this Master Declaration or any Supplemental Declaration, including interest thereon as provided in this Master Declaration or a Supplemental Declaration. 3.14 "Local Association" shall mean any profit ornot-for-profit Idaho corporation or unincorporated association, or the successors of any of them, organized and established pursuant to the terms of this Master Declaration or a Supplemental Declaration by Grantor. 3.15 "Local Association Board" shall mean the duly elected and qualified Board of Directors, or other governing board or individual, if applicable, of a Local Association. MASTER DECLARATION - 2 westpark\ranch\dec ~.~, ~a.rt • 3.16 "Local Common Area" shall mean all real property in which a Local Association holds an interest or which is held or maintained for the mutual use and benefit of such Local Association and its Members. Local Common Area may be established from time to time by Grantor on any portion of the Property by describing such an area on a recorded Plat, by granting or reserving it in a deed or other instrument, or by designating it as such in this Master Declaration on in any Supplemental Declaration. Local Common Area may include easement and/or license rights. 3.17 "Master Association" shall mean the Idaho profit or non-profit corporation, its successors and assigns, established by Grantor to exercise the powers and to carry out the duties set forth in this Master Declaration or any Supplemental Declaration. Grantor shall have the power, in its discretion, to name the Master Association the "The Ranch Homeowners' Association, Inc.", or any similar name which fairly reflects its purpose. 3.18 "Member" shall mean each person or entity holding a membership in the Master Association. Where specific reference or the context so indicates, it shall also mean persons or entities holding membership in a Local Association. 3.19 "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, and sellers under executory contracts of sale, but excluding those having such interest merely as security for the performance of an obligation. 3.20 "Person" shall mean any individual, partnership, corporation or other legal entity. 3.21 "Plat" shall mean any subdivision plat covering any portion of the Property as recorded at the office of the County Recorder, Ada County, Idaho, as the same may be amended by duly recorded amendments thereof. 3.22 "Property" shall mean those portions of the Property described on Exhibit A attached hereto and incorporated herein by this reference, including each lot, parcel and portion thereof and interest therein, including all water rights associated with or appurtenant to such property. 3.23 "Ridenbaugh Canal" shall mean that certain real property in which the Nampa and Meridian Irrigation District holds an interest, which real property is identified on the Plat. 3.24 "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 an Association which is to be levied against the Property of and paid by each Owner to the Master Association, or applicable Local Association, pursuant to the terms hereof or the terms of this Master Declaration or a Supplemental Declaration. 3.25 "Special Assessment" shall mean the portion of the costs of the capital improvements or replacements, equipment purchases and replacements or shortages in Regular Assessments which are authorized and to be paid by each Owner to the Master Association, or applicable Local Association pursuant to the provisions of this Master Declaration or a Supplemental Declaration. 3.26 "Supplemental Declaration" shall mean any supplemental declaration including additional covenants, conditions and restrictions that might be adopted with respect to any portion of the Property. 3.27 "The Ranch Common Area" shall mean all real property in which the Master Association holds an interest or which is held or maintained, permanently or temporarily, for the common use, enjoyment and benefit of the entire The Ranch Subdivision and each Owner therein, which real property is legally described in Exhibit B attached hereto and made a part hereof. The Ranch Common Area may be established from time to time by Grantor on any portion of the Property by describing it on a plat, by granting or reserving it in a deed or MASTER DECLARATION - 3 westpark\ranch\dec • other instrument, or by designating it pursuant to this Master Declaration or any Supplemental Declaration. The Ranch Common Area is to be distinguished from Local Common Area, which may or may not allow entry and use by those Owners who are not Members of a Local Association or who are not Owners within a particular Tract. The Ranch Common Area may include easement and/or license rights. 3.28 "The Ranch Subdivision" shall mean the Property. 3.29 "Tract„ shall mean a defined portion of the Property within which the contemplated development involves a common use or compatible uses, and which may have been designed as a Tract by recorded Supplemental Declaration. Each Tract shall contain one or more Building Lots, and may be managed to the extent permitted herein by a Local Association. Each Trad is legally described on Exhibit F, attached hereto and made a part hereof. ARTICLE IV: GENERAL AND SPECIFIC RESTRICTIONS 4.1 Structures -Generally. All structures are to be designed, constructed and used in such a manner as to promote compatibility between the types of use contemplated by this Master Declaration. 4.1.1 Use. Size and Height of Dwelling Structure. All Building Lots shall be used exclusively for single-family residential purposes. No Building Lot shall be improved except with a single-family dwelling unit or structure. No business or home occupation shall be conducted from said dwelling unit or structure. Each one-story single-family dwelling unit or structure shall have a minimum of ( )square feet of livable space. Livable space shall not include garages, car ports, patios, breezeways, storage rooms, porches or similar structures. Dwelling units or structures located on Lot ,Block _, Lot _, Block ,and Lots ,Block ,shall be considered corner lots (referred to herein individually as "Corner Lot" or collectively as "Corner Lots") and shall be not exceed one (1) story or thirty (30) feet in height. 4.1.2 Architectural Committee Review. No Improvements which will be visible above ground or which will ultimately affect the visibility of any above ground Improvement shall be built, erected, placed or materially altered on or removed from the Property unless and until the building plans, specifications, and plot plan have been reviewed in advance by the Architectural Committee (and, if required, by an applicable Local Architectural Committee pursuant to paragraph 12.10) and the same have been approved in writing. The review and approval or disapproval may be based upon the following factors: design and style elements, mass and form, topography, setbacks, finished ground elevations, architectural symmetry, drainage, color, materials, physical or aesthetic impacts on other properties, including Common Areas, artistic conformity to the terrain and the other Improvements on the Property, and any and all other factors which the Architectural Committee, in its reasonable discretion, deem relevant. Said requirements as to the approval of the architectural design shall apply only to the exterior appearance of the Improvements. This Master Declaration is not intended to serve as authority for the Architectural Committee to control the interior layout or design of residential structures except to the extent incidentally necessitated by use, size and height restrictions. 4.1.3 Setbacks and Hei>?ht. No residential or other structure shall be placed nearer to the Building Lot fines or built higher than permitted by the Plat for the Tract in which the Building Lot is located, by any applicable zoning restriction, by any conditional use permit, or by a building envelope designated either by Grantor or the applicable Architectural Committee whichever is more restrictive. 4.1.4 Accessory Structures. Detached garages shall be allowed if in conformity with the provisions of this Master Declaration, and as approved by the applicable Architectural Committee. Garages and storage sheds shall be constructed of, and roofed with, the same materials, and with similar MASTER DECLARATION - 4 westpark\ranch\dec • • colors and design, as the residential structure on the applicable Building Lot. No playhouses, playground equipment, pools, pool slides, diving boards, hot tubs, spas, or similar items shall extend higher than five (5) feet above the finished graded surface of the Building lot upon which such item(s) are located. Basketball courts, tennis courts or backboards shall be allowed in the back yard of any Building Lot, provided that such courts or backboards are not visible from any street, and do not promote noise or other nuisance that is offensive or detrimental to other property in the vicinity of the Building Lot or offensive or detrimental to the occupants of such other property. 4.1.5 Driveways. All access driveways shall have a wearing surface of asphalt, concrete, or other hard surface materials, and shall be properly graded to assure proper drainage. 4.1.6 Mail ox s. All mailboxes wil! be of consistent design, material and coloration and shall be located on or adjoining Building Lot lines at places designated by Grantor or the Architectural Committee. 4.1.7 Fencing. No fence, hedge or boundary wall situated anywhere upon a Building Lot shall have a height greater than six (6) feet above the finished graded surface of the Building Lot or Common Area upon which such fence, hedge, or boundary wall is situated. Any fence or boundary wall constructed on or near the lot line common to one or more Building Lots shall be constructed as a "good neighbor" fence or wall. No fence shall be constructed so as to extend toward the front of the Building Lot past the front plane of the dwelling structure constructed thereon, or closer than ten (10) feet to any side Building Lot line of a corner of a Building Lot adjacent to a dedicated street. No fence, hedge, or boundary wall which obstructs site lines at an elevation between four (4) and eight (8) feet above any street shall be placed or permitted to remain on any Corner Lot. All fencing and boundary walls constructed on any Building Lot shall be of compatible style and material to that other fencing constructed adjacent to or abutting Common Areas, public and private streets, and shall otherwise be as approved by the applicable Architectural Committee. 4.1.8 Li htin .Exterior lighting, including flood lighting, shall be part of the architectural concept of the Improvements on a Building Lot. Fixtures, standards and all exposed accessories shall be harmonious with building design, and shall be as approved by the applicable Architectural Committee. Lighting shall be restrained in design, and excessive brightness shall be avoided. 4.2 Antennae. No exterior radio antenna, television antenna, satellite dish antenna or other antenna of any type shall be erected or maintained on the Property unless it is located or screened in a manner acceptable to the applicable Architectural Committee. 4.3 Insurance Rates. Nothing shall be done or kept on any Building Lot which will increase the rate of insurance on any other portion of the Property without the approval of the Owner of such other portion, nor shall anything be done or kept on the Property or a Building Lot which would result in the cancellation of insurance on any property owned or managed by any such Association or which would be in violation of any law. 4.4 No Further Subdivision. No Building Lot may be further subdivided. 4.5 Si ns. No sign of any kind shall be displayed to the public view without the approval of the applicable Architectural Committee, except: (1) such signs as may be used by Grantor in connection with the development of the Property and sale of Building Lots; (2) temporary signs naming the contractors, the architect, and the lending institution for a particular construction operation; (3) such signs identifying The Ranch Subdivision, or informational signs, of customary and reasonable dimensions as prescribed by the Architectural Committee may be displayed on or from the Common Area; and (4) one (1) sign of customary and reasonable dimensions as prescribed by the Architectural Committee as may be displayed by an Owner other than Grantor MASTER DECLARATION - 5 westpark\ranch\dec • • on or from a Building Lot advertising the residence for sale or lease. A customary "for sale" or "for lease" sign not more than three (3) feet by two (2) feet shall not require Architectural Committee approval. Without limiting the foregoing, no sign shall be placed in the Common Area without the written approval of the applicable Architectural Committee. 4.6 Nuisances. No rubbish or debris of any kind shall be placed or permitted to accumulate anywhere upon the Property, including Common Area or vacant Building Lots, and no odor shall be permitted to arise therefrom so as to render the Property or any portion thereof unsanitary, unsightly, offensive or detrimental to the Property or to its occupants, or to any other property in the vicinity thereof or to its occupants. No noise or other nuisance shall be permitted to exist or operate upon any portion of the Property so as to be offensive or detrimental to the Property or to its occupants or to other property in the vicinity or to its occupants. Without limiting the generality of any of the foregoing provisions, no exterior speakers, horns, whistles, bells or other sound devices (other than security devices used exclusively for security purposes which have been approved by the Master Association), flashing lights or search lights, shall be located, used or placed on the Property without the prior written approval of the Master Association. 4.7 Exterior Maintenance: Owner's Obligations. No Improvement shall be permitted to fall into disrepair, and each Improvement shall at all times be kept in good condition and repair. In the event that any Owner shall permit any Improvement, including trees and landscaping, which is the responsibility of such Owner to maintain, to fall into disrepair so as to create a dangerous, unsafe, unsightly or unattractive condition, or damages property or facilities on or adjoining their Building Lot which would otherwise be an Associations' responsibility to maintain, the Board of the Local Association of which such Owner is a Member (or the Board of the Master Association if the Local Association fails to act), upon fifteen (1 S) days prior written notice to the Owner of such property, shall have the right to correct such condition, and to enter upon such Owner's Building Lot for the purpose of doing so, and such Owner shall promptly reimburse the Local or Master Association, as the case may be,.forthe cost thereof. Such cost shall be a Limited Assessment and shall create a lien enforceable in the same manner as other Assessments set forth in Article IX of this Master Declaration. The Owner of the offending property shall be personally liable, and such Owner's property may be subject to a mechanic's lien for all costs and expenses incurred by the Association in taking such corrective acts, plus all costs incurred in collecting the amounts 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 added to the amounts payable by such Owner as Regular Assessments. Each Owner shall have the remedial rights set forth herein if the applicable Associations fail to exercise their rights within a reasonable time following written notice by such Owner. 4.8 Drainaee. There shall be no interference with the established drainage pattern over any portion of the Property, unless an adequate alternative provision is made for proper drainage and is first approved in writing by the applicable Architectural Committee. For the purposes hereof, "established" drainage is defined as the system of drainage, whether natural or otherwise, which exists at the time the overall grading of any portion of the Property is completed by Grantor, or that drainage which is shown on any plans approved by the Architectural Committee, which may include drainage from Common Area over any Building Lot in the Property. 4.9 Gradine. The Owner of any Building Lot within the Property in which grading or other work has been performed pursuant to a grading plan approved under applicable provisions of Meridian City Code or by the Master or Local Association, shall maintain and repair all graded surfaces and erosion prevention devices, retaining walls, drainage structures, means or devices which are not the responsibility of the Ada County Highway District, Nampa & Meridian Irrigation District, or other public agency, and plantings and ground cover installed or completed thereon. Such requirements shall be subject to Regular, Special, and Limited Assessments provided in Article IX herein, as may be applicable. . 4.10 Water Supply Systems. No separate or individual water supply system, regardless of the proposed use of the water to be delivered by such system, shall be permitted on any Building Lot unless such MASTER DECLARATION - 6 westpark\ranch\dec • • system is designed, located, constructed and equipped in accordance with the requirements, standards and recommendations of the Board of the Master Association and all governmental authorities having jurisdiction. 4.11 No Hazardous Activities. No activities shall be conducted on the Property, and no Improvements constructed on any property which are or might be unsafe or hazardous to any person or property. 4.12 Unsightly Articles. No unsightly articles shall be permitted to remain on any Building Lot so as to be visible from any other portion of the Property. Without limiting the generality of the foregoing, refuse, garbage and trash shall be kept at all times in such containers and in areas approved by the applicable Architectural Committee. No clothing or fabrics shall be hung, dried or aired in such a way as to be visible to other property, and no equipment, heat pumps, compressors, containers, lumber, firewood, grass, shrub or tree clippings, plant waste, metals, bulk material, scrap, refuse or trash shall be kept, stored or allowed to accumulate on any Building Lot except within an enclosed structure or as appropriately screened from view. No vacant residential structures shall be used for the storage of building materials. 4.13 No Temporary Structures. No house trailer, mobile home, tent (other than for short term individual use), shack or other temporary building, improvement or structure shall be placed upon any portion of the Property, except temporarily as may be required by construction activity undertaken on the Property. 4.14 No Unscreened Boats, Campers and Other Vehicles. No boats, trailers, campers, all-terrain vehicles, motorcycles, recreational vehicles, bicycles, dilapidated or unrepaired and unsightly vehicles or similar equipment shall be placed upon any portion of the Property (including, without limitation, streets, parking areas and driveways) unless the same are enclosed by a structure concealing them from view in a manner approved by the applicable Architectural Committee. To the extent possible, garage doors shall remain closed at all times. 4.1 S Sewage Disposal Systems. No individual sewage disposal system shall be used on the Property. Each Owner shall connect the appropriate facilities on such Owner's Building Lot to the Boise City Sewer System and pay all charges assessed therefor. 4.16 No Mining or Drilling. No portion of the Property shall be used for the purpose of mining, quarrying, drilling, boring or exploring for or removing water, oil, gas or other hydrocarbons, minerals, rocks, stones, sand, gravel or earth. This paragraph 4.16 shall not prohibit exploratory drilling or coring which is necessary to construct a residential structure or Improvements. 4.17 Energy Devices. Outside. No energy production devices, including but not limited to generators of any kind and solar energy devices, shall be constructed or maintained on any portion of the Property without the written approval of the applicable Architectural Committee, except for heat pumps shown in the plans approved by the Architectural Committee. This paragraph 4.17 shall not apply to passive solar energy systems incorporated into the approved design of a residential structure. 4.18 Vehicles. The use of all vehicles, including but not limited to trucks, automobiles, bicycles, motorcycles and snowmobiles; shall be subject to all Association Rules, which may prohibit or limit the use thereof within The Ranch Subdivision. No on-street parking shall be permitted except where expressly designated for parking use. No parking bays shall be permitted in any side, front or backyard. Vehicles parked on a driveway shall not extend into any sidewalk or bike path or pedestrian path. 4.19 Animals/Pets. No animals, birds, insects, pigeons, poultry or livestock shall be kept on the Property unless the presence of such creatures does not constitute a nuisance. This paragraph 4.19 does not apply to the keeping of up to two (2) domesticated dogs, up to two (2) domesticated cats, and other household pets which do not unreasonably bother or constitute a nuisance to others. Without limiting the generality of the foregoing, consistent and/or chronic barking by dogs shall be considered a nuisance. Each dog in The Ranch Subdivision shall be kept on a leash, curbed, and otherwise controlled at all times when such animal is off the MASTER DECLARATION - 7 westpark\ranch\dec • premises of its owner. Such owner shalt clean up any animal defecation immediately from the Common Area or public right-of--way. Failure to do so may result, at the Board's discretion, with a Limited Assessment levied against such animal owner. The construction of dog runs or other pet enclosures shall be subject to applicable Architectural Committee approval, shall be appropriately screened, and shall be maintained in a sanitary condition. Dog runs or other pet enclosures shall be placed a minimum of ten (10) feet from the side and/or rear Building Lot line, shall not be placed in any front yard of a Building Lot, and shall be screened from view so as not to be visible from Common Area or an adjacent Building Lot. 4.20 landscaping. The Owner of any Building Lot shall sod the front and the side yards and shall seed the back yard and landscape such Building Lot in conformance with the landscape plan approved by the Master or Local Association, and as approved by the applicable Architectural Committee, within sixty (60) days after said Owner shall occupy the dwelling structure on said Building Lot, weather permitting. Prior to construction of Improvements, the Owner (or any Association to which such responsibility has been assigned) shall provide adequate irrigation and maintenance of existing trees and landscaping, shall control weeds, and maintain the Owner's (or Association's) property in a clean and safe condition free of debris or any hazardous condition. All trees located on common Building Lot lines shall be the joint responsibility of the adjoining Building Lot owners. All landscaped Common Areas shall be irrigated by an underground sprinkler system. The Board and/or applicable Architectural Committee may adopt rules regulating landscaping permitted and required. In the event that any Owner shall fail to install and maintain landscaping in conformance with such rules or shall allow such Owner's landscaping to deteriorate to a dangerous, unsafe, unsightly or unattractive condition, the Board, or the Board of the Local Association of which such Owner is a Member, upon fifteen (15) days' prior written notice to such Owner, shall have the right to correct such condition and to enter upon such Owner's property for the purpose of doing so, and such Owner shall promptly reimburse the Master Association or Local Association for the cost thereof. Such cost shall be a Limited Assessment and shall create a lien enforceable in the same manner as other Assessments as set forth in Article IX. Following commencement of any construction of any Improvement, construction shall be diligently pursued and completed as soon as reasonably practical. All landscaping on a Building Lot, unless otherwise specified by the applicable Architectural Committee, shall be completed as soon as reasonably practical following completion of the residential structure on such Building Lot. " 4.21 Exemption of Grantor. Nothing contained herein shall limit the right of Grantor to subdivide or resubdivide any portion of the Property, to grant licenses, to reserve rights-of--way and easements with respect to Common Area to utility companies, public agencies or others, or to complete excavation, grading and construction of Improvements to and on any portion of the Property owned by Grantor, or to alter the foregoing and its construction plans and designs, or to construct such additional Improvements as Grantor deems advisable in the course of development of the Property so long as any Building Lot in the Property remains unsold. Such right shall include, but shall not be limited to, erecting, constructing and maintaining on the Property such structures and displays as may be reasonably necessary for the conduct of Grantor's business of completing the work and disposing of the same by sales lease or otherwise. Grantor shall have the right at any time prior to acquisition of title to a Building Lot by a purchaser from Grantor 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 as may from time to time be reasonably necessary to the proper development and disposal of the Property. Grantor may use any structures owned by Grantor on the Property as model home complexes or real estate sales or leasing offices. Grantor need not seek or obtain Architectural Committee approval of any Improvement constructed or placed by Grantor on any portion of the Property owned by Grantor. The rights of Grantor hereunder may be assigned by Grantor to any successor in interest in connection with Grantor's interest in any portion of the Property, by an express written assignment recorded in the Office of the Ada County Recorder. 4.22 Water Ri h~ t,. s Appurtenant to Subdivision Lands. Within 120 days of the date of the recording of this Master Declaration, Grantor shall transfer from the Property subject to this Master Declaration, and within MASTER DECLARATION - 8 westpark\ranch\dec • the boundaries of an irrigation entity, as defined in said Section 31-3805, Idaho Code, all water rights and assessment obligations appurtenant to the Property to the Master Association. 4.23 Commencement of Construction. Any Owner of a Building Lot shall, within a period of one (1) year following the date of purchase of a Building Lot from Grantor, commence the construction of a dwelling structure in compliance with the restrictions herein, and such construction shall be completed within six (6) months thereafter. The term "commence the construction" as used in this paragraph 4.23, shall require actual physical construction activities upon such dwelling structure upon such Building Lot. In the event such Owner shall fail or refuse to commence the construction of a dwelling structure within said one (1) year period, Grantor may, at Grantor's option, following the expiration of said one (1) year period, repurchase said Building Lot from such Owner or the then Owner of such Building Lot at a repurchase price equivalent to the money actually paid to Grantor, less any amount equivalent to ten (10) percent thereof. In the event Grantor shall exercise Grantor's option to repurchase such Building Lot, upon tender of said repurchase price, Owner or the then Owner of such Building Lot shall make, execute and deliver to Grantor a deed reconveying said Building Lot, free and clear of all liens, which deed shall be binding upon all persons who may, at any time hereafter, o~vn or claim any right, title, or interest in such Building Lot, and the successors in title thereto, whether acquired by voluntary act or through operation of law. ARTICLE V: THE RANCH HOMEOWNERS' (MASTER) ASSOCIATION 5.1 Oreanization of Th Ranch Homeowners' Association. The Ranch Homeowners' Association, Inc. ("Master 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 and this Master Declaration. Neither the Articles nor the Bylaws shall be amended or otherwise changed or interpreted so as to be inconsistent with this Master Declaration. 5.2 Membership. Each Owner, by virtue of being an Owner and for so long as such ownership is maintained, shall be a Member of the Master Association and no Owner shall have more than one membership in the Master Association. Memberships in the Master Association shall be appurtenant to the Tract, Building Lot or other portion of the Property owned by such Owner. The memberships in the Master Association shall not be transferred, pledged, assigned or alienated in any way except upon the transfer of Owner's title and then only to the transferee of such title. Any attempt to make a prohibited membership transfer shall be void and will not be reflected on.the books of the Master Association. 5.3 Votine. Voting in the Master Association shall be carried out by Members who shall cast the votes attributable to the Building Lots which they own, or attributable to the Building Lots owned by Grantor. The number of votes any Member may cast on any issue is determined by the number of Building Lots which the Member, including Grantor, owns. When more than one person holds an interest in any Building Lot, all such persons shall be Members but shall share the votes attributable to the Building Lot. For voting purposes, the Master Association shall have two (2) classes of Members as described below. 5.3.1 Class A Members. Owners other than Grantor shall be known as 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 on the day of the vote. 5.3.2 Class B Members. The Grantor shall be known as the Class B Member, and shall be entitled to five (5) votes for each Building Lot of which Grantor is the Owner. The Class 6 Member shall cease to be a voting Member in the Master Association when the total cumulative votes of the Class A Members equal or exceed the total votes of the Class 6 Members provided that the Class B MASTER DECLARATION - 9 westpark\ranch\dec C~ membership shall not cease before the expiration of ten (10) years from the date on which the first Building Lot is sold to an Owner. Fractional votes shall not be allowed. In the event that joint Owners are unable to agree among themselves as to how their vote or votes shall be cast, they shall lose their right to vote on the matter being put to a vote. When an Owner casts a vote, it will thereafter be presumed conclusively for all purposes that such Owner was acting with authority and consent of all joint Owners of the Building Lot(s) from which the vote derived. The right to vote may not be severed or separated from the ownership of the Building Lot to which it is appurtenant, except that any Owner may give a revocable proxy, or may assign such Owner's right to vote to a lessee, mortgagee, beneficiary or contract purchaser of the Building Lot concerned, for the term of the lease, mortgage, deed of trust or contrail. Any sale, transfer or conveyance of such Building Lot to a new Owner shall operate automatically to transfer the appurtenant voting right to the Owner, subject to any assignment of the right to vote to a lessee, mortgagee, or beneficiary as provided herein. 5.4 Board of Directors and Officers. The affairs of the Master Association shall be conducted and managed by a Board of Directors ("Board") and such officers as the Board may elect or appoint, in accordance with the Articles and Bylaws, as the same may be amended from time to time. The Board of the Master Association shall be elected in accordance with the provisions set forth in the Master Association Bylaws. 5.5 Power and Duties of the Master Association. 5.5.1 P veers. The Master Association shall have all the powers of a corporation organized under the general corporation laws of the State of Idaho subject only to such limitations upon the exercise of such powers as are expressly set forth in the Articles, the Bylaws, and this Master Declaration. The Master Association shall have the power to do any and all lawful things which may be authorized, required or permitted to be done by the Master Association under Idaho law and under this Master Declaration, and the Articles and Bylaws, and to do and perform any and all acts which may be necessary to, proper for, or incidental to the proper management and operation of the Common Area and the Master Declaration's other assets, including water rights when and if received from Grantor, and affairs and the performance of the other responsibilities herein assigned, including without limitation: 5.5.1.1 Assessments. The power to levy Assessments on any Owner or any portion of the Property and to force payment of such Assessments, all in accordance with the provisions of this Master Declaration. 5.5.1.2 Right of Enforcement. The power and authority from time to time in its own name, on its own behalf, or on behalf of any Owner who consents thereto, to commence and maintain actions and suits to restrain and enjoin any breach or threatened breach of this Master Declaration or the Articles or the Bylaws, including the Association Rules adopted pursuant to this Master Declaration, and to enforce by injunction or otherwise, all provisions hereof. 5.5.1.3 Delegation of Powers. The authority to delegate its power and duties to committees, officers, employees, or to any person, firm or corporation to act as manager, and to contract for the maintenance, repair, replacement and operation of the Common Area. Neither the Master Association nor the members of its Board shall be liable for any omission or improper exercise by the manager of any such duty or power so delegated. 5.5.1.4 Association Rules. The power to adopt, amend and repeal by majority vote of the Board such rules and regulations as the Master Association deems reasonable. The Master Association may govern the use of the Common Areas, including but MASTER DECLARATION - 10 westpark\ranch\dec • • not limited to the use of private streets by the Owners, their families, invitees, licensees, lessees or contract purchasers; provided, however, that any Association Rules shall apply equally to all Owners and shall not be inconsistent with this Master Declaration, the Articles or Bylaws. A copy of the Association Rules as they may from time to time be adopted, amended or repealed, shall be mailed or otherwise delivered to each Owner. Upon such mailing or delivery, the Association Rules shall have the same force and effect as if they were set forth in and were a part of this Master Declaration. In the event of any conflict between such Association Rules and any other provisions of this Master Declaration, or the Articles or Bylaws, the provisions of the Association Rules shall be deemed to be superseded by the provisions of this Master Declaration, the Articles or the Bylaws to the extent of any such inconsistency. 5.5. i .5 Emergency Powers. The power, exercised by the Master Association or by any person authorized by it, to enter upon any property (but not inside any building constructed thereon) 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 the Master Association is responsible. Such entry shall be made with as little inconvenience to the Owner as practicable, and any damage caused thereby shall be repaired by the Master Association. 5.5.1.6 Licenses, Easements and Rights-of-Wax. The power to grant and convey to any third party such licenses, easements and rights-of-way in, on or under the Common Area as may be necessary or appropriate for the orderly maintenance, preservation and enjoyment of the Common Area, and for the preservation of the health, safety, convenience and the welfare of the Owners, for the purpose of constructing, erecting, operating or maintaining: 5.5.1.6.1 Underground lines, cables, wires, conduits or other devices for the transmission of electricity or electronic signals-for lighting, heating, power, telephone, television or other purposes, and the above ground lighting stanchions, meters, and other facilities associated with the provisions of lighting and services; and 5.5.1.6.2 Public sewers, storm drains, water drains and pipes, water supply systems, sprinkling systems, heating and gas lines or pipes, and any similar public orquasi-public improvements or facilities. 5.5.1.6.3 Mailboxes and sidewalk abutments around such mailboxes or any service facility, berm, fencing and landscaping abutting common areas, public and private streets or land conveyed for any public orquasi-public purpose including, but not limited to, bicycle pathways. The right to grant such licenses, easements and rights-of-way are hereby expressly reserved to the Master Association and may be granted at any time prior to twenty-one (21) years after the death of the issue of the individuals executing this Master Declaration on behalf of Grantor who are in being as of the date hereof. 5.5.2 Duties. In addition to duties necessary and proper to carry out the power delegated to the Master Association by this Master Declaration, and the Articles and Bylaws, without limiting the generality thereof, the Master Association or its agent, if any, shall have the authority and the obligation to conduct all business affairs of the Master Association and to perform, without limitation, each of the following duties: MASTER DECLARATION - 1 1 westpark\ranch\dec • 5.5.2.1 ~iPration and Maintenance of The Ranch Common Area. Operate, maintain, and otherwise manage or provide for the operation, maintenance and management of The Ranch Common Area (other than Local Common Area), including the repair and replacement of property damaged or destroyed by casualty loss. Specifically, the Master Association shall, at Grantor's sole discretion, operate and maintain all properties owned by Grantor which are designated by Grantor for temporary or permanent use by Members of the Master Association. Such properties may include those lands located near the Boise River and other lands intended for open space uses. 5.5.2.2 Reserve Account. Establish and fund a reserve account with a reputable banking institution or savings and loan association or title insurance company authorized to do business in the State of Idaho, which reserve account shall be dedicated to the costs of repair, replacement, maintenance and improvement of the Common Area, and enforcement of the terms of the Conservation Agreement as defined below. 5.5.2.3 Maintenance of Berms Retaining Walls and Fences. Maintain the berms, retaining walls, fences and water amenities within and abutting Common Area and abutting the Ridenbaugh Canal. Maintain the water amenities constructed by Grantor or Master Association located in that certain easement in, over and through Building Lots as shown on the Plat. 5.5.2.4 Taxes and Assessments. Pay all real and personal property taxes and Assessments separately levied against The Ranch Common Area or against The Ranch Subdivision, the Master Association and/or any other property owned by the Master Association. Such taxes and Assessments may be contested or compromised by the Master Association, provided, however, that such taxes and Assessments are paid or a bond insuring payment is posted prior to the sale or disposition of any property to satisfy the payment of such taxes and Assessments. In addition, the Master Association shall pay all other federal, state or local taxes, including income or corporate taxes levied against the Master Association, in the event that the Master Association is denied the status of a tax exempt corporation. 5.5.2.5 Water and Other Utilities. Acquire, provide and/or pay for water, sewer, garbage disposal, refuse and rubbish collection, electrical, telephone and gas and other necessary services for The Ranch Common Area, and to manage for the benefit of The Ranch Subdivision all water rights and rights to receive water held by the Master Association, whether such rights are evidenced by license, permit, claim, stock ownership or otherwise. 5.5.2.6 Insurance. Obtain insurance from reputable insurance companies authorized to do business in the State of Idaho, and maintain in effect any insurance policy the Board deems necessary or advisable, including, without limitation the following policies of insurance: 5.5.2.6.1 Fire insurance including those risks embraced by coverage of the type known as the broad form "All Risk" or special extended coverage endorsement on a blanket agreed amount basis for the full insurable replacement value of all Improvements, equipment and fixtures located within The Ranch Common Area. 5.5.2.6.2 Comprehensive public liability insuranceinsuringthe Board, the Master Association, the Grantor and the individual grantees and agents and employees of each of the foregoing against any liability incident to the MASTER DECLARATION - 12 westpark\ranch\dec • ownership and/or use of The Ranch Common Area. Limits of liability of such coverage shall be as follows: Not less than One Million Dollars ($1,000,000) per person and One Million Dollars ($1,000,000) per occurrence with respell to personal injury or death, and One Million Dollars ($1,000,000) per occurrence with respect to property damage. 5.5.2.6.3 Full coverage directors' and officers' liability insurance with a limit of at least Two Hundred Fifty Thousand Dollars ($250,000). 5.5.2.6.4 Such other insurance, including motor vehicle insurance and Workmen's Compensation insurance, to the extent necessary to comply with all applicable laws and indemnity, faithful performance, fidelity and other bonds as the Board shall deem necessary or required to carry out the Master Association functions or to insure the Master Association against any loss from malfeasance or dishonesty of any employee or other person charged with the management or possession of any Master Association funds or other property. 5.5.2.6.5 The Master Association shall be deemed trustee of the interests of all Owners in connection with any insurance proceeds paid to the Master Association under such policies, and shall have full power to receive such Owner's interests in such proceeds and to deal therewith. 5.5.2.6.6 Insurance premiums for the above insurance coverage shall be deemed a common expense to be included in the Regular Assessments levied by the Master Association. 5.5.2.7 Rule Makin>?. Make, establish, promulgate, amend and repeal such Association Rules as the Board shall deem advisable. 5.5.2.8 Newsletter. If it so elects, prepare and distribute a newsletter on matters of general interest to Master Association Members, the cost of which shall be included in Regular Assessments. 5.5.2.9 Architectural Committee. Appoint and remove members of the Architectural Committee, subject to the provisions of this Master Declaration. 5.5.2.10 Enforcement of Restrictions and Rules. Perform such other acts, whether or not expressly authorized by this Master Declaration, as may be reasonably advisable or necessary to enforce any of the provisions of the Master Declaration, or of the Articles or Bylaws, including, without limitation, the recordation of any claim of lien with the Ada County Recorder, as more fully provided herein. 5.6 Personal Liability. No Member of the Board, or member of any committee of the Master Association, or any officer of the Master Association, or the Grantor, or the manager, if any, shall be personally liable to any Owner, or to any other party, including the Master Association, for any damage, loss or prejudice suffered or claimed on the account of any act, omission, error or negligence of the Master Association, the Board, the manager, if any, or any other representative or employee of the Master Association, the Grantor, or the Architectural Committee, or any other committee, or any officer of the Master Association, or the Grantor, provided that such person, upon the basis of such information as may be possessed by such person, has acted in good faith without willful or intentional misconduct. MASTER DECLARATION - 13 westpark\ranch\dec • • 5.7 Budgets and Financial Statements. Financial statements for the Master Association shall be prepared regularly and copies shall be distributed to each Member of the Master Association as follows: 5.7.1 A pro forma operating statement or budget, for each fiscal year shall be distributed not less than sixty (60) days before the beginning of each fiscal year. The operating statement shall include a schedule of Assessments received and receivable, identified by the Building Lot number and the name of the person or entity assigned. 5.7.2 Within thirty (30) days after the close of each fiscal year, the Master Association shall cause to be prepared and delivered to each Owner, a balance sheet as of the last day of the Master Association's fiscal year and annual operating statements reflecting the income and expenditures of the Master Association for its last fiscal year. Copies of the balance sheet and operating statement shall be distributed to each Member within ninety (90) days after the end of each fiscal year. 5.8 Meetines of Master Association. Each year the Master Association shall hold at least one meeting of the Members, according to the schedule for such meetings established by the Bylaws; provided, that such meeting shall occur no earlier than April 15 and no later than May 31 each year. Only Members shall be entitled to attend Master Association meetings, and all other persons may be excluded. Notice for all Master Association meetings, regular or special, shall be given by regular mail to all Members, and any person in possession of a Building Lot, not less than ten (10) days nor more than thirty (30) days before the meeting and 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 in person of the Class B Member where there is such a Member, and of the Class A Members representing Owners holding at least thirty percent (30%) 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 a time not less than ten (10) days nor more than thirty (30) days' from the time the original meeting was scheduled. A second meeting may be called as the result of such an adjournment, provided notice is given as provided above. At any such meeting properly called, the presence of any Member shall constitute a quorum. ARTICLE VI: LOCAL ASSOCIATIONS 6.1 Creation by Grantor. Grantor shall create Local Associations as profit or non-profit corporations under the provisions of the Idaho Code relating to corporations, or Grantor may create such Local Association as any unincorporated entity which Grantor deems appropriate. Grantor may, in it discretion, create a Local Association by means of a Supplemental Declaration, or create such Association by means of separate instruments. 6.2 Management. Powers and Duties. Each Local Association shall be managed in the same manner specified in the applicable Supplemental Declaration or other instrument and/or in the Articles and Bylaws of the Local Association, shall have the same powers, rights, obligations and duties and be subject to the same limitations and restrictions including levying Assessments, adopting rules and regulations, granting easements and licenses, managing property and water rights, paying expenses, taxes, Assessments, utility charges, insurance premiums and preparing budgets and financial statements as are provided for herein for the Master Association, except as modified herein or by a Supplemental Declaration. The Board Members, officers, managers and Grantor shall be free of personal liability as to the Local Association in the same manner as described herein with respect to the Master Association. 6.3 Members of Local Associations. Where a Local Association is created, the Members thereof shall be all the Owners of Building Lots, including Grantor while it remains an Owner, in the respective Tracts designated in the applicable Supplemental Declaration. Memberships may be transferred only as specified in paragraph 5.2 for the Master Association. MASTER DECLARATION - 14 westpark\ranch\dec • • 6.4 Voting in Local Associations. Each Local Association shall have two (2) classes of voting memberships as described below. The number of votes each Member may cast on a single vote will be determined according to the number of Building Lots existing on that portion of the Property the Member owns, in the same manner and amounts as votes are allocated to Members in paragraph 5.3. 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. 6.4.1 Class A Members. Class A Members shall be all Owners, except Grantor, owning portions of the Tract covered by the Local Association. The Grantor shall become a Class A Member when the Class 6 membership ceases, as described in paragraph 6.4.2, with Grantor remaining an Owner. Each Class A Member shall have one (1) vote for each Building Lot such Owner owns in that Tract. b.4.2 Class B Member. The Class B Member shall be the Grantor. The Class B Member is entitled to five (5) votes for each Building Lot which Grantor owns in that Tract. The Class B membership in such Local Association shall cease when the total cumulative votes of the Class A Members for that Tract equal or exceed the total votes of the Class B Member, provided that the Class B membership shall not cease before the expiration of ten (10) years from the date on which the first Building Lot in the Tract covered by the Local Association is sold to an Owner. Fractional votes shall not be allowed. In the event that joint Owners are unable to agree among themselves as to how their vote or votes shall be cast, they shall lose their right to vote on the matter being put to a vote. When an Owner casts a vote, it will thereafter be presumed conclusively for all purposes that such Owner was acting with authority and consent of all other joint Owners of the Building Lot(s) from which the vote derived. The right to vote may not be severed or separated from the ownership of the Building Lot to which it is appurtenant, except that any Owner may give a revocable proxy, or may assign such Owner's right to vote to a lessee, mortgagee, beneficiary or contract purchaser of the Building Lot concerned, for the term of the lease, mortgage, deed of trust or contras. Any sale, transfer or conveyance of such Building Lot to a new Owner shall operate automatically to transfer the appurtenant voting right to the new Owner, subject to any assignment of the right to vote to a lessee, mortgagee or beneficiary as provided herein. 6.5 Annual Meetings of Local Association. There shall be an annual meeting of the Members of each Local Association at least ten (10) days but no more than sixty (60) days before every annual meeting of the Master Association. The first annual meeting of the Members in such Local Association shall be held on or before April 5th of the year following the first sale of a Building Lot in the Tract covered by such Local Association. Such meeting shall be held on the Tract which the Local Association covers, or at such other convenient location in or near the Property as may be designated in the notice of such meeting. Written notice of the time, place and purpose of each annual meeting shall be sent to each Member of the Local Association, and any person in possession of a Building Lot in the appropriate Tract, no fewer than ten (10) days and no more than thirty (30) days before the meeting as provided in the Local Association's Bylaws or Articles. 6.6 Special Meetings. A special meeting of the Local Association Members may be called at any reasonable time and place by written notice delivered to all other Members not less than ten (10) days nor more than thirty (30) days before the date fixed for such special meeting, specifying the date, time and place thereof and the nature of the business to be conducted. Such notice shall be delivered in the manner specified in the Local Association's Articles or Bylaws. 6.7 Quorum and Officers of Meetings. The presence at any regular or special meeting, in person or by written proxy, of the Members entitled to vote at least twenty-five percent (25%) of the total votes within such Local Association shall constitute a quorum. If any meeting cannot be held because a quorum is not present, the Owners or Members present, either in person or by proxy, may adjourn the meeting to a time not less than ten (10) days nor more than thirty (30) days from the time the original meeting was scheduled. At such second MASTER DECLARATION - 15 westpark\ranch\dec • • meeting a quorum shall constitute the number of members specified in the Local Association's Articles or Bylaws. The Members present at each meeting shall select a chairman to preside over the meeting and a secretary to transcribe minutes of the meeting. 6.8 Powers and Duties. Each such Local Association shall be managed by a Board of Directors and officers in the same manner as specified in paragraph 5.4 for the Master Association, shall have the same powers and duties with respect to its Members or the property owned, managed or maintained by it, including levying Assessments, adopting rules and regulations, granting easements, licenses and rights-of--way, payment of expenses, taxes, Assessments, utility charges, insurance premiums and the preparation and distribution of budgets and financial statements as are provided in paragraph 5.5 for the Master Association. Each such Local Association may certify to the Master Association the amount of such Assessments and charges for collection. The Board, Member, committee, officers, managers and Declarant shall be free of personal liability as to the Local Association in the same manner as described in paragraph 5.6 for the Master Association. ARTICLE VII: RIGHTS TO COMMON AREAS 7.1 Use of The Ranch Common Area. Every Owner shall have a right to use each parcel of The Ranch Common Area, and to the extent permitted by the appropriate Supplemental Declaration or other instrument, shall have a right to use each parcel of Local Common Area owned and/or managed by a Local Association of which such Owner is a Member, which right shall be appurtenant to and shall pass with the title to every Building Lot, subject to the following provisions: 7.1.1 The right of an Association holding or controlling such Common Area to levy and increase Assessments; x.1.2 The right of such Association to suspend the voting rights and rights to use of, or interest in, Common Area by an Owner for any period during which any Assessment or charge against such Owner's Building Lot remains unpaid; and for a period not to exceed sixty (60) days for any infraction of the Association Rules; and 7.1.3 The right of an Association to dedicate or transfer all or any part of the Common Area to any public agency, authority or utility for such purposes and subject to such conditions as may be permitted by the Articles and Bylaws and agreed to by the Members. No dedication or transfer of said Common Area shall be effective unless an instrument agreeing to such dedication or transfer signed by Members representing two-thirds (2/3) of each class of Members has been recorded. 7.1.4 The right of such Association to prohibit the construction of structures or Improvements, Improvements on all Common Areas. 7.1.5 The right of such Association to prohibit structures, Improvements, including manicured lawns and nursery plants. 7.2 Designation of Common Area. Grantor shall designate and reserve The Ranch Common Area, and Local Common Area in the Master Declaration, Supplemental Declarations and/or recorded Plats, deeds or other instruments and/or as otherwise provided herein. 7.3 Delegation of Right to Use. Any Owner may delegate, in accordance with the respective Bylaws and Association Rules of the Master Association or any Local Association, as the case may be, such Owner's right of enjoyment to the Local Common Area, or The Ranch Common Area,-to the members of such Owner's family in residence, and such Owner's tenants or contract purchasers who reside on such Owner's Building Lot. Only Grantor or an Association shall have the right to delegate the right of enjoyment to the Local MASTER DECLARATION - 16 westpark\ranch\dec • Common Area, or The Ranch Common Area, to the general public, and such delegation to the general public shall be for a fee set by Grantor or Association. 7.4 Damages. Each Owner shall be fully liable for any damage to any Common Area which may be sustained by reason of the negligence or willful misconduct of the Owner, such Owner's resident tenant or contract purchaser, or such Owner's family and guests, both minor and adult. In the case of joint ownership of a Building Lot, the liability of such Owners shall be joint and several. The cost of correcting such damage shall be a Limited Assessment against the Building Lot and may be collected as provided herein for the collection of other Assessments. ARTICLE VIII: PRESSURIZED IRRIGATION 8.1 Irrigation District Service. The Nampa & Meridian Irrigation District provides pressurized irrigation water service to all Lots in the Project. Lot Owners shall be required to pay an assessment based on Lot area to the District whether or not water is actually used. Lot Owners are prohibited from making any cross connection or tie in between the irrigation water system and their domestic water systems. WATER FROM THE IRRIGATION WATER SYSTEM IS NOT DRINKABLE; EACH LOT OWNER SHALL BE RESPONSIBLE TO ENSURE THAT IRRIGATION WATER WITHIN THE BOUNDARIES OF SUCH OWNER'S LOT IS NOT CONSUMED BY ANY PERSON OR USED FOR CULINARY PURPOSES. 8.2 No Private System. Lot Owners shall not construct any ditch, drain, well or water system upon any Lot or Common Area for domestic use or irrigation purposes. 8.3 Water Master. The Association shall elect or may contract for hire a Water Master to designate any rotation schedule required for the delivery of irrigation water. The Water Master shall serve as the liaison to Nampa & Meridian Irrigation District for all matters of The Ranch Subdivision. ARTICLE IX: ASSESSMENTS 9.1 Covenant to Pay Assessments. By acceptance of a deed to any property in The Ranch Subdivision, each Owner of such property hereby covenants and agrees to pay when due all Assessments or charges made by the Master Association and/or a Local Association, including all Regular, Special and Limited Assessments and charges made against such Owner pursuant to the provisions of this Master Declaration or other applicable instrument. 9.1.1 Assessment Constitutes Lien. Such Assessments and charges 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 property against which each such Assessment or charge is made. 9.1.2 Assessment is Personal Oblation. Each such Assessment, together with interest, costs and reasonably attorneys' fees, shall also be the personal obligation of the Owner of such property beginning with the time when the Assessment falls due. The personal obligation for delinquent Assessments shall not pass to such Owner's successors in title unless expressly assumed by them but shall remain such Owner's personal obligation regardless of whether he remains an Owner. 9.2 Regular Assessments. All Owners, including the Grantor, are obligated to pay Regular Assessments to the treasurer of the Association on a schedule of payments established by the Board. 9.2.1 Purpose of Regular Assessments. The proceeds from Regular Assessments are to be used to pay for all costs and expenses incurred by an Association, including legal and attorneys fees and other professional fees, for the conduct of its affairs, including without limitation the costs and MASTER DECLARATION - 17 westpark\ranch\dec F... .,. ,,.,. __.-..... ,.. ..., • • expenses of construction, improvement, protection, maintenance, repair, management and operation of the Common Areas, including all Improvements located on such areas owned and/or managed and maintained by such Association, and an amount allocated to an adequate reserve fund to be used 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 on a regular basis (collectively "Expenses"). 9.2.2 Computation of Regular Assessments. The Association shall compute the amount of its Expenses on an annual basis. The Board shall compute the amount of Regular Assessments owed beginning the first day of the third month following the month in which the closing of the first sale of a Building Lot occurred in The Ranch Subdivision for the purposes of the Master Association's Regular Assessment, and in the applicable Tract for the purposes of a Local Association's Regular Assessment ("Initiation Date"). Thereafter, the computation of Regular Assessments shall take place not less than thirty (30) nor more than sixty (60) days before the beginning of each fiscal year of an Association. The computation of the Regular Assessment for the period from the Initiation Date until the beginning of the next fiscal year shall be reduced by an amount which fairly reflects the fact that such period was less than one year. 9.2.3 Amounts Paid by Owners. The Board can require, in its discretion or as provided in the Articles or Bylaws, 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 fiscal year shall be computed as follows: 9.2.3.1 As to the Master Association's Regular Assessment, each Owner shall be assessed and shall pay an amount computed by multiplying the Association's total advance estimate of Expenses by the fraction produced by dividing the Building Lots attributable to the Owner by the total number of Building Lots in the Property. 9.2.3.2 As to any Local Association, each Owner who is also a Member of such Association, including Grantor while it is such an Owner, shall be assessed and shall pay an amount computed by multiplying such Association's total advance estimate of Expenses by the fraction produced by dividing the number of Building Lots in the applicable Tract attributable to such Owner bythe total number of Building Lots in such Tract. 9.3 Special Assessments. 9.3.1 Purpose and Procedure. In the event that the Board of an Association shall determine that its respective Regular Assessment for a given calendar year is or will be inadequate to meet the Expenses of such 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, or for any other reason, the Board thereof shall determine the approximate amount necessary to defray such Expenses and levy a Special Assessment against the portions of the Property within its jurisdiction which shall be computed in the same manner as Regular Assessments. No Special Assessment shall be levied which exceeds twenty percent (20%) of the budgeted gross Expenses of such Association for that fiscal year, without the vote or written assent of the Owners representing a majority of the votes of the Members of such Association. The Board shall, in its discretion, determine the schedule under which such Special Assessment will be paid. 9.3.2 Consistent Basis of Assessment. Every Special Assessment levied by and for an Association shall be levied and paid upon the same basis as that prescribed for the levying and payment of Regular Assessments for such Association. MASTER DECLARATION - 18 westpark\ranch\dec • • 9.4 Limited Assessments. Notwithstanding the above provisions with respect to Regular and Special Assessments, a Board may levy a Limited Assessment against a Member as a remedy to reimburse the Association for costs incurred in bringing the Member and/or such Member's Building Lot into compliance with the provisions of the governing instruments for The Ranch Subdivision. 9.5 Uniform Rate of Assessment. Unless otherwise specifically provided herein, Regular and Special Assessments shall be fixed at a uniform rate per Building Lot for all Members of the Association. 9.6 Assessment Period. Unless otherwise provided in the Articles or Bylaws, the Assessment period shall commence on January 1 of each year and terminate December 31 of the year in which the Initiation Date occurs. Tl~e first Assessment shall be pro-rated according to the number of months remaining in the fiscal year and shall be payable in equal monthly installments. 9.7 Notice and Assessment Due Date. Ten (10) days prior written notice of Regular and Special Assessments shall be sent to the Owner of every Building Lot subject thereto, and to any person in possession of such Building Lot. The due dates for installment payment of Regular Assessments and Special Assessments shall be the first day of each month unless some other due date is established by the Board. Each monthly installment of the Regular Assessment or Special Assessment shall become delinquent if not paid within ten (10) days after the levy thereof. There shall accrue with each delinquent installment payment a late charge equal to ten percent (10%) of the delinquent installment. In addition, each installment payment which is delinquent for more than twenty (20) days shall accrue interest at eighteen percent (18%) per annum calculated the date of delinquency to and including the date full payment is received by an Association. An 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. Each Owner is personally liable for Assessments, together with all interest, costs and attorneys' fees, and no Owner may exempt such Owner from such liability by a waiver of the use and enjoyment of the Common Areas, or by lease or abandonment of such Owner's Building Lot. 9.8 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 Master Declaration, and further stating the dates to which any Assessments have been paid by the Owner. Any such certificate delivered pursuant to this paragraph 9.8 may be relied upon by any prospective purchaser or 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. 9.9 Special Notice and Ouorum Requirements. Notwithstanding anything to the contrary contained in either the Bylaws or the Articles, written notice of any meeting called for the purpose of levying a Special Assessment, or for the purpose of obtaining a membership vote in connection with an increase in the Regular Assessment, shall be sent to all Members of an Association and to any person in possession of a Building Lot in the applicable Trad, not less than fifteen (15) days nor more than thirty (30) days before such meeting. At the first such meeting called, the presence of Members or of proxies entitled to cast sixty percent (60%) of the total votes of the Association shall constitute a quorum. If such quorum is not present, subsequent meetings may be called subject to the same notice requirement, and the required quorum at the subsequent meetings shall be fifty percent (50%) of the quorum required at the preceding meeting. No such subsequent meeting shall be held more than thirty (30) days following the preceding meeting. ARTICLE X: ENFORCEMENT OF ASSESSMENTS; LIENS 10.1 Right to Enforce. The Master Association has the right to collect and enforce its Assessments pursuant to the provisions hereof. Each Owner of a Building Lot, upon becoming an Owner of such Building Lot, shall be deemed to covenant and agree to pay each and every Assessment provided for in this Master Declaration and agrees to the enforcement of all Assessments in the manner herein specified. In the event an attorney or MASTER DECLARATION - 19 westpark\ranch\dec • • attorneys are employed for 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 Master Declaration, each Owner agrees to pay reasonable attorney's fees in addition to any other relief or remedy obtained against such Owner. The Board or its authorized representative may enforce the obligations of the Owners to pay such Assessments by commencement and maintenance of a suit at law or in equity, or the Board may exercise the power of foreclosure and sale pursuant to paragraph 10.3 to enforce the liens created hereby. A suit to recover a money judgment for an unpaid Assessment shall be maintainable without foreclosing or waiving the lien hereinafter provided. 10.2 Assessment Liens. 10.2.1 ration. There is hereby created a claim of lien with power of sale on each and every Building Lot to secure payment of any and all Assessments levied against such Building Lot pursuant to this Master Declaration together with interest thereon at the maximum rate permitted by law and all costs of collection which may be paid or incurred by the Association making the Assessment in connection therewith, including reasonable attorneys' fees. All sums assessed in accordance with the provisions of this Master Declaration shall constitute a lien on such respective Building Lots upon recordation of a claim of lien with the Ada County Recorder. Such lien shall be prior and superior to all other liens or claims created subsequent to the recordation of the notice of delinquency and 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. 10.2.2 Claim of Lien. Upon default of any Owner in the payment of any Regular, Special or Limited Assessment issued hereunder, the Association may cause to be recorded in the office of the Ada 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 such notice), a sufficient description of the Building Lot(s) against which the same have been assessed, and the name of the record Owner thereof. Each delinquency shall constitute a separate basis for a notice and claim of lien, but any number of defaults may be included within a single notice and claim of lien. Upon payment to the Association of such delinquent sums and charges in connection therewith or other satisfaction thereof, the Association shall cause to be recorded a further notice stating the satisfaction of relief of such delinquent sums and charges. The Association may demand and receive the cost of preparing and recording such release before recording the same. 10.3 Method of Foreclosure. Such lien may be foreclosed by appropriate action in court or by sale by the Association establishing the Assessment, its attorney or other person authorized to make the sale. Such sale shall be conducted in accordance with the provisions of the Idaho Code applicable to the exercise of powers of sale permitted by law. The Board is hereby 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. 10.4 Required Notice. Notwithstanding anything contained in this Master Declaration to the contrary, no action may be brought to foreclose the lien created by recordation of the notice of delinquency and claim of 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 such notice of delinquency and claim of lien, and to the person in possession of such Building Lot(s), and a copy thereof is recorded by the Association in the Office of the Ada County Recorder. 10.5 Subordination to Certain Trust Deeds. The lien for the Assessments provided for herein in connection with a given Building Lot shall not be subordinate to the lien of any deed of trust or mortgage except MASTER DECLARATION - 20 westpark\ranch\dec the lien of a 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 recordation of a claim of lien for the Assessments. Except as expressly provided in paragraph 10.6 with respect to a first mortgagee who acquires title to a Building Lot, the sale or transfer of any Building Lot shall not affect the Assessment lien provided for herein, nor the creation thereof by the recordation of a claim of lien, on account of the Assessments becoming due whether before, on, or after the date of such sale or transfer, nor shall such sale or transfer diminish or defeat the personal obligation of any Owner for delinquent Assessments as provided for in this Master Declaration. 10.6 Rights of Mortgagees. Notwithstanding any other provision of this Master Declaration, no amendment of this Master Declaration shall operate to defeat the rights of the Beneficiary under any deed of trust upon a Building Lot made in good faith and for value, and recorded prior to the recordation of such amendment, provided that after the foreclosure of any such deed of trust such Building Lot shall remain subject to this Master Declaration as amended. ARTICLE XI: INSPECTION OF ASSOCIATION'S BOOKS AND RECORDS 11.1 Member's Right of Inspection. The membership register, books of account and minutes of meetings of the Board and committees of an Association shall be made available for inspection and copying by any Member of the Association or by such Member's duly appointed representatives, at any reasonable time and for a purpose reasonably related to such Member's interest as a Member at the office of the Association or at such other place as the Board of such Association shall prescribe. No Member or any other person shall copy the membership register for the purposes of solicitation of or direct mailing to any Member of an Association. 11.2 Rufes Re ag rding Inspection of Books and Records. The Board shall establish reasonable rules with respect to: 11.2.1 Notice to be given to the custodians of the records by the persons desiring to make the inspection. 11.2.2 Hours and days of the week when such an inspection may be made. Article XI. 11.2.3 Payment of the cost of reproducing copies of documents requested pursuant to this 11.3 Director's Rights of Inspection. Every director shall have the absolute right at any reasonable time to inspect all books, records and documents of the Association, and the physical properties owned or controlled by the Association. The right of inspection by a director includes the right to make extracts and copies of documents. ARTICLE XII: ARCHITECTURAL COMMITTEE 12.1 Creation. Within thirty (30) days of the date on which the Grantor first conveys a Building Lot to an Owner, Grantor shall appoint three (3) individuals to serve on The Ranch Architectural Committee ("Architectural Committee"). Each member shall hold office until such time as such member has resigned or has been removed, or such member's successor has been appointed, as provided herein. A member of the Architectural Committee need not be an Owner. Members of the Architectural Committee may be removed by the person or entity appointing them at any time without cause. 12.2 Grantor's Right of Appointment. At any time, and from time to time, prior to ten (10) years after the recording date of this Master Declaration in which Grantor is the Owner of at least ten percent (10%) of the aggregate Building Lots, Grantor shall have the exclusive right to appoint and remove all members of the MASTER DECLARATION - 21 westpark\ranch\dec • • Architectural Committee. At all other times, the Master Association Board shall have the right to appoint and remove all members of the Architectural Committee. If a vacancy on the Architectural Committee occurs and a permanent replacement has not yet been appointed, Grantor or the Board, as the case may be, may appoint an acting member to serve for a specified temporary period not to exceed one (1) year. 12.3 Review of Proposed Construction. The Architectural Committee shall consider and act upon any and all proposals or plans and specifications submitted for its approval pursuant to this Master Declaration, and perform such other duties as from time to time shall be assigned to it by the Board, including the inspection of construction in progress to assure its conformance with plans approved by the Architectural Committee. The Board shall have the power to determine, by rule or other written designation consistent with this Master Declaration, which types of Improvements shall be submitted for Architectural Committee review and approval. The Architectural Committee shall have the power to hire an architect, licensed with the State of fdaho, to assist the Architectural Committee in its review of proposals or plans and specifications submitted to the Architectural Committee. The Architectural Committee shall approve proposals or plans and specifications submitted for its approval only if it deems that the construction, alterations or additions contemplated thereby in the locations indicated will not be detrimental to the habitat of the Common Areas, or appearance of the surrounding area of the Property as a whole, that the appearance of any structure affected thereby will be in harmony with the surrounding structures, and that the upkeep and maintenance thereof will not become a burden on either the Master Association or any Local Association. 12.3.1 Conditions on Approval. The Architectural Committee may condition its approval of proposals or plans and specifications upon such changes therein as it deems appropriate, and/or upon the agreement of the Owner submitting the same ("Applicant") to grant appropriate easements to an Association for the maintenance thereof, and/or upon the agreement of the Applicant to reimburse an Association for the cost of maintenance, and may require submission of additional plans and specifications or other information before approving or disapproving material submitted. 12.3.2 Architectural Committee Rules and F es. The Architectural Committee also may establish rules and/or guidelines setting forth procedures for and the required content of the applications and plans submitted for approval. Such rules may require a fee to accompany each application for approvals or additional factors which it will take into consideration in reviewing submissions. The Architectural Committee shall determine the amount of such fee in a reasonable manner. Such fees shall be used to defray the costs and expenses of the Architectural Committee, including the cost and expense of hiring an architect licensed by the State of Idaho, as provided above, or for such other purposes as established by the Board, and such fee shall be refundable to the extent not expended for the purposes herein stated. Such rules and guidelines may establish, without limitation, specific rules and regulations regarding design and style elements, landscaping and fences and other structures such as animal enclosures as well as special architectural guidelines applicable to Building Lots located adjacent to public and/or private open space. 12.3.3 Detailed Plans. The Architectural Committee may require such detail in plans and specifications submitted for its review as it deems proper, including, without limitation, floor plans, site plans, landscape plans, drainage plans, elevation drawings and descriptions or samples of exterior material and colors. Until receipt by the Architectural Committee of any required plans and specifications, the Architectural Committee may postpone review of any plan submitted for approval. 12.3.4 Architectural Committee Decisions. Decisions of the Architectural Committee and the reasons therefor shall be transmitted by the Architectural Committee to the Applicant at the address set forth in the application for approval within twenty (20) days after filing all materials required by the Architectural Committee. Any materials submitted pursuant to this Article XII shall be deemed approved MASTER DECLARATION - 22 westpark\ranch\dec • • unless written disapproval by the Architectural Committee shall have been mailed to the Applicant within twenty (20) days after the date of filing said materials with the Architectural Committee. 12.4 Meetings of the Architectural orrimitte .The Architectural Committee shall meet from time to time as necessary to perform its duties hereunder. The Architectural Committee may from time to time by resolution unanimously adopted in writing, designate a Architectural Committee representative (who may, but need not be one of its members) to take any action or perform any duties for and on behalf of the Architectural Committee, except the granting of variances pursuant to paragraph 12.9. In the absence of such designation, the vote of any two (2) members of the Architectural Committee, or the written consent of any two (2) members of .the Architectural Committee taken without a meeting, shall constitute an act of the Architectural Committee. 12.5 No Waiver of Future Approvals. The approval of the Architectural Committee of any proposals or plans and specifications or drawings for any work done or proposed, or in connection with any other matter requiring the approval and consent of the Architectural Committee, shall not be deemed to constitute a waiver of any right to withhold approval or consent as to any similar proposals, plans and specifications, drawings or matter whatever subsequently or additionally submitted for approval or consent. 12.6 Compensation of Members. The members of the Architectural Committee shall receive no compensation for services rendered, other than reimbursement for expenses incurred by them in the performance of their duties hereunder and except as otherwise agreed by the Board. 12.7 Inspection of Work. Inspection of work and correction of defects therein shall proceed as follows: 12.7.1 Upon the completion of any work for which approved plans are required under this Article XII, the Owner shall give written notice of completion to the Architectural Committee. 12.7.2 Within sixty (60) days thereafter, the Architectural Committee or its duly authorized representative may inspect such Improvement. If the Architectural Committee finds that such work was not done in substantial compliance with the approved plans, it shall notify the Owner in writing of such non-compliance within such sixty (60) day period, specifying the particular noncompliance, and shall require the Owner to remedy the same. 12.7.3 If upon the expiration of thirty (30) days from the date of such notification, or any longer time the Architectural Committee determines to be reasonable, the Owner shall have failed to remedy such noncompliance, the Architectural Committee shall notify the Board in writing of such failure. Upon notice and hearing, as provided in the Bylaws, the Board shall determine whether there is a noncompliance and, if so, the nature thereof and the estimated cost of correcting or removing the same. If a noncompliance exists, the Owner shall remedy or remove the same within a period of not more than forty-five (45) days from the date of the announcement of the Board ruling unless the Board specifies a longer time as reasonable. If the Owner does not comply with the Board ruling within such period, the Board, at its option, may either remove the noncomplying improvement or remedy the noncompliance, and the Owner shall reimburse the Master Association, upon demand, for all expenses incurred in connection therewith. If such expenses are not prompt-y repaid by the Owner to the Master Association, the Board shall levy a Limited Assessment against such Owner for reimbursement pursuant to this Master Declaration. 12.7.4 If for any reason the Architectural Committee fails to notify the Owner of any noncompliance within sixty (60) days after receipt of the written notice of completion from the Owner, the work shall be deemed to be in accordance with the approved plans. MASTER DECLARATION - 23 westpark\ranch\dec 1 _....... __ - - -. .. ., ...,_.,a • 12.8 Non-Liability of Architectural Committee Members. Neither the Architectural Committee nor any member thereof, nor its duly authorized Architectural Committee representative, shall be liable to any Association, or to any Owner or Grantee for any loss, damage or injury arising out of or in any way connected with the performance of the Architectural Committee's duties hereunder, unless due to the willful misconduct or bad faith of the Architectural Committee. The Architectural Committee shall review and approve or disapprove all plans submitted to it for any proposed improvement, alteration or addition, solely on the basis of aesthetic considerations and the overall benefit or detriment which would result to the immediate vicinity and to the Property generally. The Architectural Committee shall take into consideration the aesthetic aspects of the architectural designs, placement of building, landscaping, color schemes, exterior finishes and materials and similar features, but shall not be responsible for reviewing, nor shall its approval of any plan or design be deemed approval of any plan or design from the standpoint of structural safety or conformance with building or other codes. 12.9 Variances. The Architectural Committee may authorize variances from compliance with any of the architectural provisions of this Master Declaration, including restrictions upon height, size, floor area or placement of structures, or similar restrictions, when circumstances such as topography, natural obstructions, hardship, aesthetic or environmental considerations may require. However no variances will be granted for construction of structures or Improvements, including without limitation manicured lawns, in the Common Areas. Such variances must be evidenced in writing, must be signed by at least two (2) members of the Architectural Committee, and shall become effective upon recordation in the office of the County Recorder of Ada County. If such variances are granted, no violation of the covenants, conditions or restrictions contained in this Master Declaration shall be deemed to have occurred with respect to the matter for which the variance was granted. The granting of such a variance shall not operate to waive any of the terms and provisions of this Master Declaration for any purpose except as to the particular Building Lot and particular provision hereof covered by the variance, nor shall it affect in any way the Owner's obligation to comply with all governmental laws and regulations affecting such Owner's use of the Building Lot, including but not limited to zoning ordinances or requirements imposed by any governmental or municipal authority. 12.10 Local Architectural Committee. The Grantor may, at its option, create a three (3) member Local Architectural Committee for the Property contained in any Tract designated by a Supplemental Declaration. Upon its formation, all proposals, plans and specifications for Improvements within the Tract requiring approval of the Architectural Committee described above must be submitted to the Local Architectural Committee for approval, rather than being submitted to the Architectural Committee. Thus, all proposals, plans and specifications for Improvements require the approval of either the Architectural Committee or the Local Architectural Committee, if such has been created, but not both such Committees. Each provision of this Article XII shall apply to the Local Architectural Committee as if it were the Architectural Committee and to the Local Association as if it were the Master Association, except to the extent that such interpretation would be in conflict with the provisions of this Article XII. ARTICLE XIII: EASEMENTS 13.1 Easements of Encroachment. There shall be reciprocal appurtenant easements of encroachment as between each Building Lot and such portion or portions of the Common Area adjacent thereto or as between adjacent Building Lots due to the unwillful placement or settling or shifting of the Improvements including but not limited to structures, walkways, bike paths, sidewalks and driveways constructed, reconstructed or altered thereon in accordance with the terms of this Master Declaration. Easements of encroachment shall be valid only so long as they exist, and the rights and obligations of Owners shall not be altered in any way because of encroachments, settling or shifting of the Improvements; provided, however, that in no event shall a valid easement for encroachment occur due to the willful act or acts of an Owner. In the event a structure on any Building Lot is partially or totally destroyed, and then repaired or rebuilt, the Owners of each Building Lot agree that minor encroachments over adjoining Building Lots that existed prior to the encroachment may be reconstructed pursuant to the easement granted by this paragraph 13.1. MASTER DECLARATION - 24 westpark\ranch\dec • 13.2 Easements of Access. Grantor expressly reserves for the benefit of all the Property reciprocal easements of access, ingress and egress for all Owners to and from their respective Building Lots for installation and repair of utility services, for drainage of water over, across and upon adjacent Building Lots, and Common Areas, resulting from the normal use of adjoining Building Lots or Common Areas, and for necessary maintenance and repair of any Improvement including fencing, retaining walls, lighting facilities, mailboxes and sidewalk abutments, trees and landscaping. Such easements may be used by Grantor, and by all Owners, their guests, tenants and invitees, residing on or temporarily visiting the Property, for pedestrian walkways, vehicular access and such other purposes reasonably necessary for the use and enjoyment of a Building Lot or Common Area. 13.3 Drainage and Utility Easements. Notwithstanding anything expressly or impliedly contained herein to the contrary, this Master Declaration shall be subject to all easements heretofore or hereafter granted by Grantor for the installation and maintenance of utilities and drainage facilities that are required for the development of the Property. In addition, Grantor hereby reserves for the benefit of any Association the right to grant additional easements and rights~f-way over the Property and/or a Trad, as appropriate, to utility companies and public agencies as necessary or expedient for the proper development of the Property until close of escrow for the sale of the last Building Lot in the Property to a purchaser. 13.3.1 Improvement of Drainage and Utility Easement Areas. The Owners of Building Lots are hereby restricted and enjoined from constructing any Improvements upon any drainage or utility easement areas as shown on the Plat of The Ranch Subdivision or otherwise designated in any recorded document which would interfere with or prevent the easement from being used for such purpose; provided, however that the Owner of such Building Lots and the Grantor, Master Association or designated entity with regard to the landscaping easement described in this Article XIII, shall be entitled to install and maintain landscaping on such easement areas, and also shall be entitled to build and maintain fencing on such easement areas subject to approval by the Master Association Architectural Committee, so long as the same would not interfere with or prevent the easement areas from being used for their intended purposes; provided, that any damage sustained to Improvements on the easement areas as a result of legitimate use of the easement area shall be the sole and exclusive obligation of the Owner of the Building Lot whose Improvements were so damaged. 13.4 Rights and Duties Concerning Utility Easements. The rights and duties of the Owners of the Building Lots within the Property with respect to utilities shall be governed by the following: 13.4.1 Wherever utility house connections are installed within the Property, which connections or any portions thereof lie in or upon Building Lots owned by an Owner other than the Owner of the Building Lot served by the connections, the Owner of the Building Lot served by the connections shall have the right, and is hereby granted an easement to the full extent necessary therefor, to enter upon any Building Lot or to have their agent enter upon any Building Lot within the Property in or upon which said connections or any portion thereof lie, to repair, replace and generally maintain the connections as and when it may be necessary. 13.4.2 Whenever utility house connections are installed within the Property, which connections serve more than one Building Lot, the Owner of each Building Lot served by the connections shall be entitled to full use and enjoyment of such portions of said connections as service such Owner's Building Lot. 13.5 Driveway Easements. Whenever a driveway is installed within the Property which in whole or in part lies upon a Building Lot owned by an Owner other than the Owner of the Building Lot served, or installed to serve more than one Building Lot, the Owner of each Building Lot served or to be served by such driveway shall be entitled to full use and enjoyment of such other Building Lot as required to service such Owner's Building Lot or to repair, replace or maintain such driveway. MASTER DECLARATION - 25 westpark\ranch\dec • 13.6 Disputes as to Sharing of Costs. In the event of a dispute between Owners with respect to the repair or rebuilding of utility connections or driveways, or with respell to the sharing of the cost therefor, upon written request of one of such Owners addressed to the Master Association, the matter shall be submitted to the Board which shall decide the dispute and, if appropriate, make an appropriate Assessment against any or all of the Owners involved on behalf of the prevailing Owner(s), which Assessment shall be collected and enforced in the manner provided by this Master Declaration for Limited Assessments. 13.7 General Landscape Easement. An easement is hereby reserved to each appropriate Association, its contractors and agents, to enter those portions of Building Lots, for the purpose of installing, maintaining, replacing and restoring exterior landscaping, and natural vegetation and habitat. Such landscaping activity shall include, by way of illustration and not of limitation, the mowing of lawns, irrigation, sprinkling, tree and shrub trimming and pruning, walkway improvement, seasonal planting and such other landscaping activities within the Property as such Association shall determine to be necessary from time to time. 13.8 Overhang Easement. There shall be an exclusive easement appurtenant to each Building Lot over the Common Areas for overhanging eaves, and for any projections from the buildings, which projections shall not extend beyond the eave line. 13.9 Maintenance and Use Easement Between Walls and Lot Lines. Whenever the wall of a structure, or a fence or retaining wall, constructed on a Building Lot under plans and specifications approved by the Architectural Committee is located within three (3) feet of the lot line of such Building Lot, the Owner of such Building Lot is hereby granted an easement over and on the adjoining Building Lot (not to exceed 3 feet from the Building Lot line) for purposes of maintaining and repairing such wall or fence and eaves or other overhangs, and the Owner of such adjoining Building Lot is hereby granted an easement for landscaping purposes over and on the area lying between the lot line and such structure or fence so long as such use does not cause damage to the structure of fence. ARTICLE XIV: MISCELLANEOUS 14.1 Term. The easements created hereunder shall be perpetual, subject only to extinguishment by the holders of such easements as provided by law. The covenants, conditions, restrictions and equitable servitudes of this Master Declaration shall run until December 31, 2016, unless amended as herein provided. After December 31, 2016, such covenants, conditions and restrictions shall be automatically extended for successive periods of ten (10) years each, unless amended or extinguished by a written instrument executed by Members holding at least three-fourths (3/4) of the voting power of the Master Association and such written instrument is recorded with the Ada County Recorder. Further provided that the Master Association shall not be dissolved without the prior written approval of the City of Meridian and Ada County Highway District, such consent not to be unreasonably withheld provided that a responsible successor organization shall agree to perform those maintenance responsibilities arising from applicable city and county governmental requirements. 14.2 Amendment. 14.2.1 ~ Grantor. Except as provided in paragraph 14.3 below, until the recordation of the first deed to a Building Lot in the Property, the provisions of this Master Declaration may be amended, modified, clarified, supplemented, added to (collectively, "amendment") or terminated by Grantor by recordation of a written instrument setting forth such amendment or termination. Any amendment affecting only a particular Tract may be made by Grantor by an amendment to this Master Declaration at any time up to the recordation of the first deed to a Building Lot in such Tract. 14.2.2 ~ Owners. Except where a greater percentage is required by express provision in this Master Declaration, the provisions of this Master Declaration, other than this Article XIV, any MASTER DECLARATION - 26 westpark\ranch\dec • • amendment shall be by an instrument in writing signed and acknowledged by the president and secretary of the Master Association certifying and attesting that such amendment has been approved by the vote or written consent of Owners representing more than fifty percent (50%) of the votes in the Master Association, and such amendment shall be effective upon its recordation with the Ada County Recorder. Any amendment to this Article XIV shall require the vote or written consent of Members holding ninety-five percent (95%) of the voting power of the Master Association. 14.2.3 Effect of Amendment. Any amendment of this Master Declaration approved in the manner specified above shall be binding on and effective as to all Owners and their respective properties notwithstanding that such Owners may not have voted for or consented to such amendment. Such amendments may add to and increase the covenants, conditions, restrictions and easements applicable to the Property but shall not prohibitor unreasonably interfere with the allowed uses of such Owner's property which existed prior to the said amendment. 14.3 Mortgage Protection. Norivithstanding any other provision of this Master Declaration, no amendment of this Master Declaration shall operate to defeat or render invalid the rights of the beneficiary under any first deed of trust upon a Building Lot made in good faith and for value, and recorded prior to the recordation of such amendment, provided that after foreclosure of any such first deed of trust such Building Lot shall remain subject to this Master Declaration, as amended. 14.4 Notices. Any notices permitted or required to be delivered as provided herein shall be in writing and may 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, addressed to any person at the address given by such person to the Master Association for the purpose of service of such notice; or to the residence of such person if no address has been given to the Master Association. Such address may be changed from time to time by notice in writing to the Master Association, as provided in this paragraph 14.4. 14.5 Enforcement and Non-Waiver. 14.5.1 Right of Enforcement. Except as otherwise provided herein, any Owner of any Building Lot shall have the right to enforce any or all of the provisions hereof against any property within the Property and Owners thereof. 14.5.2 Violations and Nuisances. The failure of any Owner of a Building Lot to comply with any provision hereof, or with any provision of the Articles or Bylaws of any Association, is hereby declared a nuisance and will give rise to a cause of action in the Grantor, the Association or any Owner Building Lot(s) within the Property for recovery of damages or for negative or affirmative injunctive relief or both. However, any other provision to the contrary notwithstanding, only Grantor, the Master Association, the Board, or a duly authorized agent of any of them, may enforce by self-help any of the provisions hereof only if such self-help is preceded by reasonable notice to the Owner.. 14.5.3 Violation of Law. Any violation of any state, municipal or local law, ordinance or regulation pertaining to the ownership, occupation or use of any property within the Property is hereby declared to be a violation of this Master Declaration and subject to any or all of the enforcement procedures set forth in this Master Declaration and any or all enforcement procedures in law and equity. 14.5.4 Remedies Cumulative. Each remedy provided herein is cumulative and not exclusive. 14.5.5 Non-Waiver. The failure to enforce any of the provisions herein at any time shall not constitute a waiver of the right to enforce any such provision. MASTER DECLARATION - 27 westpark\ranch\dec r • • 14.6 Interpretation. The provisions of this Master Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the development and operation of the Property. This Master Declaration shall be construed and governed under the laws of the State of Idaho. 14.6.1 Restrictions Construed Tog to her. All of the provisions hereof shall be liberally construed together to promote and effectuate the fundamental concepts of the development of the Property as set forth in the recitals of this Master Declaration. 14.6.2 Restrictions Severable. Notwithstanding the provisions of the foregoing paragraph 14.6.1, each of the provisions of this Master Declaration shall be deemed independent and severable, and the invalidity or partial invalidity of any provision or portion thereof shall not affect the validity or enforceability of any other provision herein. 14.6.3 Singular Includes Plural. 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 each including the masculine, feminine and neuter. 14.6.4 Captions. All captions and titles used in this Master Declaration are intended solely for convenience of reference and shall not affect that which is set forth in any of the provisions hereof. 14.7 Successors and Assigns. All references herein to Grantor, Owners, any Association or person shall be construed to include all successors, assigns, partners and authorized agents of such Grantor, Owners, Association or person. IN WITNESS WHEREOF, Grantor has set its hand this day of , 1996. WESTPARK COMPANY, INC., an Idaho corporation, By: STATE OF IDAHO ) ss. County of Ada ) Greg Johnson, President On This day of , 1996, before me, the undersigned, a Notary Public in and for said State, personally appeared GREG JOHNSON, known or identified to me to be the President of WESTPARK COMPANY, INC., the corporation that executed the instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho MASTER DECLARATION - 28 westpark\ranch\dec v` ~. • • Residing at Boise, Idaho My commission expires: MASTER DECLARATION - 29 westpark\ranch\dec r EXHIBIT A LEGAL DESCRIPTION OF PROPERTY MASTER DECLARATION - 30 westpark\ranch\dec y .. ~ .. ~ ~ EXHIBIT B LEGAL DESCRIPTION OF THE RANCH COMMON AREA LOTS ,BLOCK _, AND LOTS ,BLOCK ,AND LOT ,BLOCK OF THE RANCH NO. 1 SUBDIVISION AS SHOWN ON THE OFFICIAL PLAT THEREOF AS FILED IN BOOK OF PLATS AT PAGES ,RECORDS OF ADA COUNTY, IDAHO. MASTER DECLARATION - 31 westpark\ranch\dec • • EXHIBIT C LEGAL DESCRIPTION OF THE RANCH TRACTS ALL OF THE RANCH NO. 1 SUBDIVISION AS SHOWN ON THE OFFICIAL PLAT OF SUBDIVISION, RECORDED ON , 1996, AS PLAT NUMBER ,RECORDS OF ADA COUNTY, IDAHO. MASTER DECLARATION - 32 westpark\ranch\dec