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Tuscany Lakes Subdivision PP 00-024,~,~k..~ ~~ ,; ~:1TY CLERK FILE CHECKLIST Project Name: Tuscany Lgkes Subdivsion File No. PP-00-024 Contact Name: Kent Brown Phone: 344-9700 Date Received from Planning and Zoning Department: October 20, 2000 ,~,s Planning and Zoning Level: anng b e ~ 80 ^ Transmittals to agencies and others: ~ ~ _ r ' L;c_, 0 Notice to newspaper with publish dates: ~~+~ l~`~,t~~-D0 and (~ c.: l ~ ~SS8gc=60 ^ Certifieds to property owners: ~ f y '}_, ~ ~ ~~ ~" ~ ~" Planning and Zoning Commission Recommendation: ~ Approve ^ Deny Notes: rr..-. ~ _ ~., ..~ City Council Level: Hearing Date: ^ Transmittals to agencies and others: ^ Notice to newspaper with publish dates: and ^ Certifieds to property owners: ^ City Council Action: Approve ^ Deny ^ Findings 1 Conclusions /Order received from attorney on: Findings /Conclusions /Order: ^ Approved by Council: ^ Copies Disbursed: ^ Findings Recorded Deve lopment Agreement: ^ Sent for signatures: ^ Signed by all parties: ^ Approved by Council: ^ Recorded: ^ Copies Disbursed: Ordin ance No. Resolution No. ^ Approved by Council: ^ Recorded: Deadline: ~ o days ^ Published in newspaper: ^ Copies Disbursed: Notes: Resobtions: OrMkrel Res !Copy Celt Mlnutebook Copy Res /Copy Cert: City Clark City Eipineer City PYnner City Attorney Sterkng Codifiers Project Fik Copy Res /Original Cert: Ada Courdy (CPAs) AppkcaM (noo-CPAS) Recorded Ordinances: Ongirrel: Minutelgok Copies fo: City Ckerk State Tax Comm. State Treasurer, Auditor, Assessor Sterling Codifiers City Attorney City Engineer Cky Planrer Project file App®Cem (if appL) Findkfgs !Orders: Otiginat Minutetgok copies to: AppFCaM Project file City Engineer City Plenrer City Attomey "' Retud Vacation Fird'ngs" Recorded Derebpment Agroemsnta: OriginatFireproof Fik: Copies to:AppkcaM Project fife City Engineer City Planner City Attorney r.. /"a ~~ HUB OF TREASURE VALLEY MAYOR Robert D. Corrie A Good Place to Live LEGAL DEPARTMENT CITY OF MERIDIAN (208) 288-2499 • Fax 288-2501 CITY COUNCIL MEMBERS PUBLIC WORKS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297 Tammy deWeerd (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: December 5, 2000 Transmittal Date: November 6, 2000 Hearing Date: December 12, 2000 File No.: PP-00-024 Request: Preliminary Plat approval of 156.21 acres for 353 building lots and 39 other lots in a proposed R-4 zone for proposed Tuscany Lakes Subdivsion By: Gem Park II Partnership Location of Property or Project: SW corner of Victory and Eagle Sally Norton, P/Z Bill Nary, P/Z Jerry Centers, P/Z Richard Hatcher, P/Z Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department Building Department Your Concise Remarks: Fire Department Police Department City Attorney City Engineer City Planner Parks Department (Residential Applications only) Gen - 26 PP/FP/PFP - 30 AZ - 27 .... RECE~D Rh~UEST FOR SUBDIVISION APPRO~hL CEP 2 ~ ~~~~ PRELIMINARY PLAT (~~I~~'X ~~ ~R'L~Li P ~~~~ ~ ~~ ~.. ~ PLANNING AND ZONING G~ ~'CT 2 ~ ~ PP-oo-oz4 F~t~ a ZO~~ TIME TABLE FOR SUBMISSION: .~p~, ~,~ ~or'~'i~ ~d ~» A request for preliminary plat approval must be in the City Clerl~~~iossession no later than three days following the regular meeting of the Planning and Zoning Commission. The Planning and Zoning Commission will hear the request at the monthly meeting following the month that the request was made. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 P.M., Thursday following the Planning and Zoning Commission action. GENERAL INFORMATION 1. Name of Annexation and Subdivision: Tuscany Lakes Subdivision 2. General Location: N 1/2 Section 29 T 3N R.1 W. (Southwest corner Victory & Eagle Roads) 3. Owners of record: Kenai Partners LLC & Jean and Richadson Burnett Family Trust Address: P.O Box 344 Meridian ID ,Address: 2190 Spring Oaks Drive, Springville Ut. Zip 83642 Telephone (208888-9946 Zip 84663 Phone 489-0421_ 4. Applicant: Gem Park II Parnership Address: P.O.Box 344, Meridian , ID Zip 83642 Telephone (208) 888-9946 5. Engineer, Kathy Stroschein, P. E. Finn Briggs Engineering, Inc. Address, 1800 W. Overland Road, Boise, ID Zip 83705 Telephone 344-9700 6. Name and address to receive City billings - Name: Gem Park II Partnership Address P.O.Box 344, Meridian, ID 83642 Telephone 888-9946 PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres: 156.21 2. Number of building lots: (353~ingle Family Lots, & (39) Common Lots 3. Number of other lots: 39 4. Gross density per acre: 2.3 5. Net density per acre: 2.85 6. Zoning Classification(s): Existing: RT, Proposed: R-4 7. If the proposed subdivision is outside the Meridian City Limits but within the jurisdictional mile, what is the existing zoning classification? RT (Rural Transition) 8. Does the plat border a potential green belt? Nine-Mile and Ten-Mile Drain 9. Have recreational easements been provided for? No 10. Are there proposed recreational amenities to the City? Yes Explain Private walking_paths and ponds 11. Are there proposed dedications of common areas? No Explain For future parks? Explain 0205\SUBAPPL MER PP.form (1) ~. ~. 12. What school(s) serve.,,; the area? Marv McPherson Elementarti ~,ewis & Clark Middle & Meridian High, do you propose any agreements for future school sites? Yes , Explain We are working with the school district to provide a 12.44 acre elementary site. 13. Are there any other proposed amenities to the City? ,Explain Water Supply -Central Fire Hydrants 14. Type of Building (Residential, Commercial, Industrial or combination): Residential 15. Type of Dwelling(s) (Single Family, Duplexes, Multiplexes, other): Single Family 16. Proposed Development features: a. Minimum square footage of lot(s): East Side7000 \West Side 8000 b. Minimum square footage of structure(s): 1400 c. Are garages provided for? Yes Square footage: 400 d. Has landscaping been provided for Yes ,Describe 30 foot landscape lots adjacent to Vict Road and Locust Grove Road Additional landsc~ing is proposed in the various open spaces i the development. e. Will trees be provided for? Yes, Will trees be maintained ?Tuscany Homeowners Assoc. £ Are sprinkler systems provided for? Yes bathe Developer g. Are there multiple units ? No ,Type: Remarks: h. Are there special set back requirements ? No Explain: i. Has off street parking been provided for ? Yes Explain: Garages and Driveways j. Value range of property: NA k. Type of financing for development: Conventional 1. Were protective covenants submitted? Yes sample only 17. Does the proposal land lock other property? No Does it create Enclaves? No STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. 2. Proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. Development will connect to City services. 4. Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. 6. Street names must not conflict with City grid system. 9-604 B PRE-APPLICATION MEETING The developer shall meet with the Administrator prior to the submission of the Preliminary Development Plan. The purpose of this meeting is to discuss early and informally the purpose and effects of this Ordinance and the criteria and standards contained herein, and to familiarize the developer with the Comprehensive Plan, Zoning Ordinance, Subdivision Ordinance and such other plans and ordinances as deemed appropriate. The developer may also meet with the Commission or Council prior to submitting an application. 0205\SUBAPPL MER PP.form (2) ",~ ,,"~ 9-604 C PRELIMINARY PLAT 1. Application- The applicant shall file with the Administrator a complete subdivision application form and preliminary plat data as required in this Ordinance, not less than thirty (30) days prior to the Commission's public hearing. The Commission will not schedule any hearing or workshops or put the application on the agenda unless the above conditions have been met. 2. Public Hearing to be Held Prior to Subdivision Plat Approval- A public hearing shall be held at the time of presentation of the preliminary plat by the developer to the Commission for the purpose of allowing public input on the proposed subdivision. Combining Preliminaryand Final Plats- The applicant may request that the subdivision application be processed as both a preliminary and final plat if all of the following exists: a. The proposed subdivision does not exceed four (4) lots; b. No new street dedication or street widening is involved; No major special development considerations are involved, such as development in a flood plain, hillside development or the like; and d. All required information for both preliminary and final plat is complete and in an acceptable form. A request to combine both preliminary plat and final plat into one application shall be acted upon by the Commission upon recommendation by the Administrator. 4. The Applicant- a. The applicant shall submit all required copies of plats, maps, application form, conceptual engineering forms, and any other appropriate supplementary information required by the Administrator, Commission, or Council. See 9-604C5. Content of Preliminary- The contents of the preliminary plat and related information shall be in such form as stipulated by the Commission; however, additional maps and supporting data deemed necessary by the Administrator or the Commission or Council may also be required. The subdivider shall submit to the Administrator at least the following: a. Thirty (30) copies of the preliminary plat of the proposed subdivision, drawn in accordance with the requirements hereinafter stated; each copy of the preliminary plat shall be on good quality paper, shall have dimensions of not less than twenty-four (24) inches by thirty-six (36) inches, shall be drawn to a scale suitable to insure clarity of all lines, dimensions and other data, shall show the drafting date, and shall indicate thereon, by arrow, the general northerly direction; 0205\SUBAPPL MER PP.form (3) ~ ~ b. Thirty (30) copies of a one (1) inch equals three-hundred (300) feet scale map on 8'/z" x 11"paper indicating thereon all adjacent development and/or lots of record within three-hundred (300) feet of any boundary of the proposed development in bold outline; c. Thirty (30) copies of the completed and executed subdivision application form; d. Four (4) sets of conceptual engineering plans (not meant to be detailed designs) for streets, water, sewers, sidewalks and other required public improvements. Such engineering plans shall contain sufficient information and detail to enable the Administrator to make a determination as to conformance of the proposed improvements to applicable regulations, ordinances and standards; e. Appropriate supplementary information that sufficiently details the proposed development within any special development area, such as hillside, planned unit development, floodplain, cemetery, mobile home, large-scale development, hazardous and unique areas of development. 6. Requirements of Preliminary Plats- The following shall be shown on the preliminary plat or shall be submitted separately: a. The name of the proposed subdivision and general location; b. The names, addresses and telephone numbers of the owner, the subdivider or subdividers and the engineer, surveyor or planner who prepared the preliminary plat; c. Name and address of the party to receive City billings and/or correspondence; d. The legal description of the subdivision; e. A statement of the intended use of the proposed subdivision, such as: residential single-family, two (2) family and multiple housing, commercial, industrial, recreational or agricultural and a showing of any sites proposed for parks, playgrounds, schools, churches or other public uses; f. A map of the entire area scheduled for development if the proposed subdivision is a portion of a larger holding intended for subsequent development; g. A vicinity map showing the relationship of the proposed plat to the surrounding area (one-half (1/2) mile minimum radius, scale optional); h. The land use and existing zone of the proposed subdivision and the adjacent land; 0205\SUBAPPL MER PP.form (4) i. Streets, street names, right of way and roadway widths, including adjoining streets or roadways; j. Lot lines and blocks showing scaled dimensions and numbers of each; k. Contour lines, shown at five (5) foot intervals where land slope is greater that ten percent (10%) and at two (2) foot intervals where land slip is ten percent (10%) or less, referenced to an established benchmark, including location and elevation; 1. A site report as required by the appropriate health district where individual wells or septic tanks are proposed; m. Any proposed or existing utilities, including, but not limited to, storm and sanitary sewers, irrigation laterals, ditches, drainages, bridges, culverts, water mains, fire hydrants, and their respective profiles; n. A copy of any proposed restrictive covenants and/or deed restrictions; o. Any dedications to the public and/or easements, together with a statement of location, dimensions and purposes of such; p. Any additional required information for special development as specified in this Ordinance; q. A statement as to whether or not a variance will be requested with respect to any provision of this Ordinance describing the particular provision, the variance requested, and the reason therefor; r. A statement of development features. 7. Fee- At the time of submission of an application for a preliminary plat, the applicant shall pay the application fee as approved by the Council: 4 Lots = $300.00 Over 4 Lots = $300.00 + $10.00 per lot In addition to above fees applicant shall pay cost of certified mailings at a rate of $1.73 per notice. Please double the mailing fee on this application. (All preliminary plat applications require two public hearings - 1 before Planning & Zoning Commission and 1 before City Council.) Final Plats = $10.00 per lot 0205\SUBAPPL MER PP.form (5) 8. Administrator Review- a. Certification- Upon receipt of the preliminary plat and all other required data as provided for herein, the Administrator shall affix the date of application acceptance thereon. The Administrator shall, thereafter, place the preliminary plat on the agenda for consideration at the next regular meeting of the Commission if there is sufficient time prior to the date of certification for the Commission to consider and review the application, and to give proper notice of a public hearing as required in 9-604 C.8b. b. Notice will be published in the City's newspaper of record at the expense of the requesting party at least one (1) edition, fifteen (15) days prior to the hearing of the Planning and Zoning Commission meeting, which notice shall also give a summary of the request and the location. c. Review by Other Agencies- The Administrator shall refer the preliminary plat and application to as many agencies as deemed necessary. Such agencies may include the following: Other governing bodies having joint jurisdiction; 2. The appropriate utility companies, irrigation companies or districts and drainage districts; The Superintendent of the School Districts; and 4. Other agencies having an interest in the proposed subdivision. 9. Commission Action- a. Hearing by Commission- Following the receipt of application and after notice, the Commission shall conduct a public hearing, at which time they shall review the preliminary plat and receive comments from concerned persons and agencies to arrive at a decision on the preliminary plat. b. Commission's Finding- In determining the acceptance of a proposed subdivision, the Commission shall consider the objectives of this Ordinance and a least the following: The conformance of the subdivision with the Comprehensive Development Plan; 2. The availability of public services to accommodate the proposed development; The continuity of the proposed development with the capital improvement program; 4. The public financial capability of supporting services for the proposed development; and 0205\SUBAPPL MER PP.form (6) The other health, safety or envirorunental problems that may be brought to the Commission's attention. Action of Preliminary Plat- The Commission may approve, approve conditionally, deny or table the preliminary plat for additional information. Approved or conditionally approved preliminary plats are forwarded to the Council If the plan is denied, it is not forwarded to the Council If the plan is tabled, it may be reconsidered by the Commission within forty-five (45) days of the public hearing. The Administrator shall notify the applicant of the Commission's action within ten (10) days. d. Action on Combined Preliminary and Final Plat- If the Commission's conclusion is favorable to the subdivider's request for the subdivision to be considered as both a preliminary plat and final subdivision, then a recommendation shall be forwarded to the Council in the same manner as herein specified for a final plat. The Commission may recommend that the combined application be approved, approved conditionally or disapproved. 11. Appeals- Any person or aggrieved party who appeared in person or writing before the Commission or the subdivider may appeal in writing the decision of the Commission relative to the final action taken by the Commission. Such appeal must be submitted to the Council within fifteen (15) days from such Commission action. 12. A record of the public hearing, findings made and action taken shall be made and maintained. 9-604 D ADMINISTRATIVE PROCESSING OF THE PRELIMINARY DEVELOPMENT PLAN FOR THE COUNCIL AND NOTIFICATION PROCEDURE Upon receipt of the Commission's action concerning the Preliminary Development Plan or the receipt of an appeal of such action by the applicant or other aggrieved party, the Administrator shall respond as follows: Set the public hearing date for the Preliminary Development Plan; and 2. Review public hearing comments by concerned persons, public agencies or City departments. 9-604 E COUNCIL HEARING, NEGOTIATIONS, AND ACTION Prior to taking action concerning the Preliminary Development Plan, the Council shall conduct at least one (1) public hearing in which interested persons shall have an opportunity to be heard. 0205\SUBAPPL MER PP.form ~~) ~ ~"` 2. No final subdivision plat shall be approved until one (1) public hearing before the council has been held for the purpose of allowing public input on the proposed subdivision. This public hearing shall be held at the time of the presentation of the preliminary plat by the developer to the City Council. Notice of the public hearing shall be given by mailing, by certified mail, notice of the hearing to all property owners within three hundred (300) feet of the proposed boundaries of the subdivision, which mailing shall be completed by the developer and by publishing notice of said hearing in the City's newspaper of record at least one (1) time fifteen (15) days prior to the date of such hearing, which publication shall be handled by the Administrator. The notice to be mailed to the adjacent property owners shall include a copy of the notice of hearing and a vicinity of the area, which map shall show the proposed subdivision and the property within three hundred (300) feet. 3. During the hearing, the Administrator shall report on the status of the application. 4. In considering the proposed development, the Council shall consider the requirements of this Ordinance and at least, but not limited to, the following; a. The conformance of the proposed development with the Comprehensive Plan; b. The availability of urban services to accommodate the proposed development; c. The continuity of the proposed development within the City's capital improvement program; d. The public financial capability of supporting services for the proposed development; and Health, safety, or environmental problems that may be brought to the Commission's attention. Prior to Council action, the Council, Administrator, applicant, and interested persons may negotiate items of the Preliminary Development Plan which are of mutual interest. In order that the negotiations be an open process and the rights of all parties and persons shall be protected (applicant, Council, Administrator, and the general public), the following guidelines shall be observed: a. The negotiations shall not occur in private or closed meetings; b. Negotiations shall take place in open informal meetings; c. Where there is a quorum of the Council in attendance, appropriate records shall be kept of the negotiating session or sessions, namely minutes which shall be submitted with the proposed development; d. The negotiation process shall be separate from the decision making process of the Council; 0205\SUBAPPL MER PP.form ~8) .--. -~ e. Resuiis of the negotiations shall be a recommenudtion to the Council and be available for public scrutiny; f. The negotiation process shall be designed and carried out in a manner which assures the general public that decisions have not been made in advance of the input and scrutiny by the general public; g. The general public shall be informed of any negotiation that has occurred in a newspaper article in the official newspaper or paper of general circulation within the City of Meridian fifteen (15) days prior to Council action. 6. The Council shall approve, approve with conditions, deny, or table the Preliminary Development Plan. If the Preliminary Development Plan is tabled, it may be reconsidered by the Council within forty-five (45) days of the public hearing. The Administrator shall notify the applicant of the Council's action within ten (10) days of the Council's action. 7. A record of the hearing, findings made, and action taken shall be maintained. 9-604 F APPROVAL PERIOD Council approval of the Preliminary Development Plan shall become null and void if the applicant fails to submit the Final Development Plan within one (1) year of Council approval of the Preliminary Development Plan. 2. Upon written request to the Council and filed by the applicant prior to the termination of the said one (1) year period as stated on Section 9-604 F.1 of this Ordinance, the Council may authorize a single extension of the approval of the Preliminary Development Plan for a period not to exceed one (1) year from the end of the said one (1) year period. 3. In the event that the development of the preliminary plat is made in successive contiguous segments in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of one (1) year, may be considered for a final approval without resubmission for preliminary plat approval. 9-604 G APPEAL OF COUNCIL ACTION Appeals of the action of the Council concerning the administration of this Ordinance may be taken by any aggrieved person. Within sixty (60) days of the Council action (and after all remedies have been exhausted under this Ordinance), and aggrieved person may seek NDICIAL REVIEW of the Council's action under provision provided by Sections 67-5215 (b) through (g) and 67-5216, Idaho Code. 0205\SUBAPPL MER PP.form (9) 9-604 H FINAL PLAT Application- After the approval or conditional approval of the preliminary plat, the subdivider may cause the total parcel, or any part thereof, to be surveyed and a final plat prepared in accordance with the approved preliminary plat. The subdivider shall submit to the Administrator the following: a. Thirty (30) folder copies of the final plat; b. Four (4) copies of the final engineering construction drawings for streets, water, streets, sidewalks and other public improvements; and c. The (10) prints of the final plat at a scale of one (1) inch equals three hundred (300) feet. 2. Contents of Final Plat- The final plat shall include and be in compliance with all items required under Title 50, Chapter 13 of the Idaho Code. The final plat submittal shall include at least: a. A written application for approval of such final plat at stipulated by the Commission; b. Proof of current ownership of the real property included in the proposed final plat and consent of recorded owners of the plat; c. Such other information as the Administrator or Commission may deem necessary to establish whether or not all proper parties have signed and/or approved said final plat; d. A statement of conformance with the approved preliminary plat and meeting all requirements or conditions thereof; A statement of conformance with all requirements and provisions of this Ordinance; and f. A statement of conformance with acceptable engineering, architectural and surveying practices and local standards. Fee- At the time of submission of an application for a final plat, the applicant shall pay the applicable fee approved by the Council to cover the cost of processing. 4. Administrator Review- a. Acceptance - Upon receipt of the final plat, and compliance with all other requirements as provided for herein, the Administrator shall certify the application as complete and shall affix the date of acceptance thereon. 0205\SUBAPPL MER PP.form (10) b. Resubmittal of Final Plat- The Administrator shall review the final plat for compliance with the approved or conditionally approved preliminary plat. If the Administrator determines that there is substantial difference in the final plat than that which was approved as a preliminary plat or conditions which have not yet been met, the Administrator may require that the final plat be submitted to the Commission in the same manner as required in the preliminary plat process, including a public hearing and notice thereof. c. Submission to the Council- Upon the determination that the final plat is in compliance with the preliminary plat and all conditional requirements have been met, the Administrator shall place the final plat on the Council agenda with forty-five (45) days from the date that an acceptable final plat application was received and acknowledged by the Administrator. 5. Agency Review- The Administrator may transmit one (1) copy of the final plat, or other documents submitted, for review and recommendation to the departments and agencies as he deems necessary to insure compliance with the preliminary approval and/or conditions of preliminary approval. Such agency review shall also include the construction standards of improvements, compliance with health standards, the cost estimate for all improvements and the legal review of the performance bond. 6. Council Action- Within forty-five (45) days following receipt of the application, the Council shall consider the requirements of the preliminary plat and comments from concerned persons and agencies to arrive at a decision on the final plat. The Council shall approve, approve conditionally, disapprove, or table the final plat. If the final plat is tabled, it may be reconsidered by the Council within forty-five (45) days of the date of initial consideration. A copy of the approved plat shall be filed with the Administrator. 7. The Administrator shall notify the applicant of the Council's action within ten (10) days of such action. 0205\SUBAPPL MER PP.form (11) r'ti STATEMENTS OF COMPLIANCE & DEVELOPMENT FEATURES TUSCANY LAKES SUBDIVISION All proposed streets will be public and constructed to Ada County Highway District Standards. All right-of--ways will be 50 feet with a 37 foot improved section and 5 foot sidewalks on both sides, except for Dartmoor Drive which are 76 to 58 feet wide with a meandering pathway on the north side only. The proposed streets will meet the improvement standards set forth in the Meridian Subdivison Ordinance. 2. The proposed residential development is in compliance with the Meridian Comprehensive Plan. The plan designates the property as single family residential development. 3. The development is subject to the dimensional standards of the R-4 zone. All proposed residential lots in the west-side of the development exceed the 8,000 square foot minimum lot size. As well as the lot frontages meet the 80 foot requirement with exception of the cul-de-sac lots and lots on a 90 degree bend in a street. These lots fall within the 40 foot frontage requirement. On the east-side a portion of the lots near the Elementary School are below the 8,000 square foot lot size minimum. Other lots on the east-side are below the 80 foot lot frontage requirement, however they exceed the 8,000 square foot minimum lot size. For that reason a Conditional Use is submitted on the entire development. The development complies with the provisions of the Meridian Subdivision Ordinance with the exception of Section 9-605(E) Blocks and 9-605 (B) 6 Cul-de-sacs. A variance on block length and cul-de-sac length will be submitted for review by the Meridian City Council. W. Mediterranean Count. is 520 feet and S. Adriatic Place is 470 in length. 4. The preliminary plat reflects existing easements associated with the Ridenbaugh Canal and the Ten Mile Drain. The Eight-Mile Lateral is not apart of the plat. The street names on the preliminary plat were submitted to the Ada County Street Name Committee for their review. 6. Statement of Development Features: The proposed development consists of (353) single family residential lots, (39) common lots. The subject properly adjoins Thousand Springs Subdivision. The proposed density of 2.3 dwellings per acre is a very low density for the R-4 zone requested. Five stub streets have been provided for future connection to adjoining properties and two to connect to existing streets. Project provides fora 10 foot meandering pathway along Dartmoor Drive with 0308\statement-com connections the proposed streets and common areas within the development. The provides a place for pedestrian to walk in a parkway along Dartmoor Drive. Much of the open space area is located along the Eight-Mile and Ten-Mile Drains is proposed as ponds and streams. The developer would like to slope these areas to create a natural habitat between the home sites and Nampa Meridian's facilities. The goal is to create a unique environment for the residents and pedestrians in the subdivision. A traffic study was prepared by Dobit Engineering submitted to ACHD. Preliminary phase lines have been delineated, however phases may change. The project will consist of nine phases. The Ridenbaugh Canal traverses the south and east-side of the property. The Ridenbaugh will be left undisturbed. Both the Nine-Mile and Ten-Mile Drains and Eight-Mile Lateral traverses the property. The applicant intends to provide pressurized irrigation to all lots. The system will be designed and constructed to NMID standards. The system will be owned and maintained by NMID. A minimum of 30 feet of landscaping has been provided along Victory and Locust Grove Roads. Deviations have been provided to provide additional depth to the landscaping to minimize a corridor effect. 0308\statement-com ~. ANNEXATION DESCRIPTION FOR TUSCANY SUBDIVISION August 29, 2000 A parcel of land located in the south 25 feet of Section 20, the west 25.00 feet of Section 28, the north'/2 of Section 29, and the east 25.00 feet of Section 30, all of Township 3 I~prth, Range 1 East of the Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northwest corner of Section 29, T3N., R1 E., B.M., thence S 0°14'24" W 1322.87 feet along the west line of said Section 29 to the northwest corner of the south'/2 of the NW'/4, the REAL POINT OF BEGINNING of this description; Thence S 89°36'13" E 520.48 feet along the north line of said south'/2 to a point; Thence N 51°58'04" E 87.93 feet to a point; Thence N 46°00'49" W 150.80 feet to a point; Thence N 18°01'28" E 385.82 feet to a point; Thence S 72°47'45" E 841.76 feet to a point on the centerline of the Eight-Mile Lateral; Along said centerline the following: Thence S 4°45'54" E 111.17 feet to a point of curvature; Thence 123.47 feet along a curve to the left, said curve having a radius of 250.00 feet, a central angle of 28°17'48", a tangent of 63.02 feet and a chord of 122.22 feet which bears S 18°54'48" E to a point of tangency; Thence S 33°03'42" E 16.09 feet to a point of curvature; Thence 49.89 feet along a curve to the right, said curve having a radius of 350.00 feet, a central angle of 08°10'01", a tangent of 24.99 feet and a chord of 49.85 feet which bears S 28°58'42" E to a point on the north line of the south '/2 of the NW'/4 of said Section 29; Leaving said centerline: Thence S 89°36'13" E 1193.74 feet to the northeast corner of said south '/2 of the NW'/4; Thence S 0°15'20" W 1042.84 feet along the east line of said south '/2 of the NW '/4 to a point on the centerline of the Ridenbaugh Canal; Along the centerline of the Ridenbaugh Canal the following: 0308\legal.des Thence N 46°01'42" E 147.75 to a point of curvature; Thence 161.84 feet along a curve to the left, said curve having a radius of 750.00 feet, a central angle of 12°21'48", a tangent of 81.23 feet and a chord of 161.52 feet which bears N 39°50'48" E to a point of tangency; Thence N 33°39'54" E 488.53 feet to a point of curvature; Thence 134.02 feet along a curve to the left, said curve having a radius of 750.00 feet, a central angle of 10°14'18", a tangent of 67.19 feet and a chord of 133.84 feet which bears N 28°32'45" E to a point of tangency; Thence N 23°25'36" E 313.49 feet to a point on the north line of the south '/Z of the NE '/4; Leaving said centerline: Thence S 89°37'11" E 4.91 feet to the southwest corner of the east'/2 of the NW'/4 of the N E '/4; Thence N 0°18'31" E 11.51 feet along the west line of the east'/z of the NW'/4 of the NE'/4 to a point on the centerline of the Ridenbaugh Canal; Along said centerline the following: Thence N 23°25'36" E 950.12 feet to a point of curvature; Thence 148.92 feet along a curve to the left, said curve having a radius of 200.00 feet, a central angle of 42°39'48", a tangent of 78.10 feet and a chord of 145.51 feet which bears N 2°05'42" E to a point of tangency; Thence N 19°14'12" W 150.61 feet to a point of curvature; Thence 160.51 feet along a curve to the left, said curve having a radius of 250.00 feet, a central angle of 36°47'12", a tangent of 83.13 feet and a chord of 157.77 feet which bears N 37°37'48" W to a point of tangency; Thence N 56°01'24" W 43.02 feet to a point on the north line of said Section 29; Leaving said centerline: Thence S 89°36'38" E 476.32 feet to the east 1/16 corner common to Sections 20 and 29; Thence N 0°11'31" E 25.00 feet along the west line of the SE'/4 of the SE'/4 of Section 20, T. 3N., R. 1 E., B.M., to a point on the north right-of-way of Victory Road; Thence S 89°36'44" E 670.68 feet along said north right-of-way to a point on the east line of the west'/2 of the SE'/4 of the SE'/4 of said Section 20; 0308\legal.des Thence S 0°28'30" W 1316.05 feet along said east line and the east line of the west'/2 of the NE'/4 of the NE'/< of said Section 29 to a point; Thence S 89°37'11" E 670.98 feet to a point on the east line of said Section 29; Thence S 89°32'15" E 25.00 feet to a point on the east right-of-way of Eagle Road; Thence S 0°27'45" W 30.00 feet to a point on the south line of the NW'/4 of the NW'/< of Section 28, T. 3N., R.1 E.; Thence N 89°32'15" W 25.00 feet to the southeast corner of the NE'/4 of the NE'/4 of said Section 29; Thence N 89°37'11" W 1338.92 feet to the southwest corner of the NE'/4 of the NE'/4 of said Section 29; Thence S 0°21'39" W 1321.14 feet to the southeast corner of the SW'/4 of the NE '/4 of Section 29; Thence N 89°37'43" W 1336.57 feet to the southwest corner of the NE'/4 (center'/4 corner) of said Section 29; Thence N 89°38'09" W 2679.90 feet to the southwest corner of NW'/4 (west'/4 corner) of said Section 29; Thence S 89°44'17" W 25.00 feet along the south line of the SE'/4 of the NE'/4 of Section 30, T.3N., R.1 E., B.M., to a point on the west right-of-way of Locust Grove Road; Thence N 0°14'24" E 1323.09 feet along said west right-of-way to a point on the north line of the SE'/4 of the NE'/4 of said Section 30; Thence S 89°45'36" E 25.00 feet to the REAL POINT OF BEGINNING of this description. This parcel contains 156.21 acres, more or less. Michael E. Marks, PLS, No. 4998 0308\legal.des ~"~, Au:?s23--00 03:03P The Westpark Co AFF1pAVlT OF i STATE OF IDAHO ~ ss COUNTY OF ADA ) 1, Nama Boise {city-) 2088889947 iNTERESt p.02 Address befrtg first duly sworn upon oath, depose and say: 1. That I am the record owner of the p~' party described on the attached, and I grant my permission to ~, p~ II Prip P.O. Box 344 Nteri.dian Id. 83680 (name) {address) to submit the aorompanying appli 'on pertaining to that property. r 2. l agree to indemnify, defend and hold the City of Meridian and ii~s employees harmless from any claim or liability resulting from a y dispub9 es to fire statements contained herein or as to the ownership of the prope which is the sub}act of the application. Dated this ~ day of .,-S~t~.r„~., .. , ~ ~ V (Signature) SUBSCRIBED AND SWaRN to before me the day and year first above written. '- - ~ -. - ~ -. ~ Notary Pubii ~,~ aho -- - - - Residing at G~~,}P11~ .- _ - My Commission Expires: O'`7~ s Z00'd IOZ8Zr:980Z~'13,L ']~H3tt1~0~3,LNfOd!{~~d ~fi~St IN01~100 ,li- ~d3S ., ~2? 8`1.1: ?~ GcGSt.2L, .~; .i , :~ 9~°' WARRANTY-DEED" ' 92 NOU 18 Pal 2 22 FOR VALUE RECEIVED, Douglas W. Burnett and Jean R. Burnett, GRANTORS, do hereby GRANT, BARGAIN, SELL AND CONVEY unto Douglas W. Burnett and Jean R. Burnett, Successor Co-Trustees of the Burnett Family Trust, dated February 12, 1988, and as amended November i7, 1992, GRANTSES, whose current address is Box 179, Donnelly, Idaho, 83ci15, the following described real property in Ada County, State of Idaho, more particularly described as follows, to-wit: Parcel 1 The Southwest lja. of the Northeast 1/4 of Section 29, Township 3 North, Range ] Fast, Boise Meridian, Ad.a Cbut~l:y, Idrilt~. Parcel 2: The Northeast l/4 of the Northeast 1/4 and the East 1/2 of the Northwest 1/4 of the Northeast 1/4 of Section 29, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho. EXCEPTING FROM THE ABOVE TWO PARCELS THE FOLLOWING: 1. A tract of land situated in the Northc-ast 1/4 of the Northeast l/4 of Section 29, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particular- ly described as follows: .Beginning at the Northeast Section corner of said Section 29, thence South 00°32'50" West along the East Section Line of said Section 29 a distance. of 660.46 feet, thence North 89°36'46" West a distance of 3.0..00 feet to the REAL 0 POINT OF BEGINNING: Thence South 00°32'50" We:;t a distance of 30.0.46 feet, thence North 89°37'02" West a ,u distance of 639.49 feet, thence North 00°28'30" East a 1~ distance of 300.54 feet, thence South 89°36'46" East a distance of 639.86 feet, to the REAL POINT OF BEGINNING. ,'~~ 2. Beginning at the Northeast corner of the Northeast 1/4 of Section 29, Township 3 North, Range 1 East, Boise ~ ~ Meridian, Ada County, Idaho., thence West. on the Section ,1 line 330 feet; thence South 660 feet on a line parallel OV , to the :•ast line of said Section line, thence East ~30 ~~ feet to the East line of said Section line, thence North 660 feet to tare point of beginning. WARRANTY DEED - 1 3. The. part of the East 1/2 of the Northwest 1/4, Northeast 1/4 of Section 29, Township 3 North, Range 1 East, Boise,. Meridian, Ada County, Idaho, lying West of the Ridenbaugh Canal. 4. That part of the Southwest 1/4, Northeast 1/4 of Section 29, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, lying West of the Ridenbaugh Canal. 5. That part of the Northeast 1/4, Northeast 1/•: of Section 29, Township 3 North, .Range i East, Boise Meridian, more particularly described as follows: Beginning at the Northeast corner of said Northeast 1/4, Northeast 1/4; thence West 330 feet to the real point of beginning, thence continuing West 340.70 feet, thence South GG0.54 feet, thence ~~:~ist 339.86 feet, thence North 660.49 feet to the real point of beginning. 6. Commencing 30 feet North of the Southeast corner of the Northeast 1/4 of the Northeast 1/4 of Section 29, Township 3 North, Range 1 East, Boise Meridian, thence North 330 feet on Section line, thence West 660 feet parallel to the. North line of the Section line; thence South 330 feet, thence East 660 feet, to the real point of beginning. TO HAVE AND TO HOLD the said premises, with their appurtenanc- es unto the said Grantees, their heirs and assigns forever.. And the said Grantors do hereby covenant to and with the said Grantees that they are the owners in fee simple of said premises;-that the said premises are free from all encumbrances, except as a matter of record, and that they will warrant and defend the same. from all lawful claims whatsoever. DATED This ~ day of November, 1992. " NTORS" .' Do las W. Burn tt ..O ~L ~~.%GY can R. Burnett WARRANTY DEED - 2 ,~ ROBERT L. ALDRIDGE, CHARTERED Attorney at Law 1209 North Eighth Street Boise, Idaho 93702-4297 Telephone: (208) 336-9880 Fax: (208) 336-9882 WARRANTY DEED GRANTOR: Wanner-Buckner Partnership, an Idaho general partnership, 4225 South Riva Ridge Way, Boise, Idaho 83709 GRANTEE: Kenai Partners LLC, an Idaho limited liability company PROPERTY DESCRIPTION: See attached. FOR VALUE RECEIVED, Grantor does hereby grant, bargain, sell, and convey unto the Grantee the above described property; TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, and Grantee's heirs and assigns forever. Grantor does covenant to and with the said Grantee that Grantor is the owner in fee simple of said premises; that said premises are free from all encumbrances and that Grantor will warrant and defend the same from all lawful claims whatsoever. DATED August 25, 1999. STATE OF IDAHO ) ss. COUNTY OF ADA ) Wanner-Buckner Partnership alt Wanner, Managing Partner On this August 25, 1999, before me, a Notary Public in and for said State, personally appeared Walt Wanner, known or identified to me to be the Managing Partner of Wanner- Buckner Partnership and to be the person whose name is attached to the foregoing instrument and acknowledged to me that said partnership executed the same. IN WITNESS WHEREOF, I have hereunto placed my official hand and seal the day and year in this Certificate first above written. wN~nnrgn ~y~ .-.o ~rd~ Notary Public for Idaho ~ ~ ~ ~ c Residing at C ~~ ~ K h My Commission expires on ~ rc ~ axp a, i t-12,p~ 'C V+ Z C v 0 z n n -v 2 ~~ ,~. ,.•. ' - ~ A ~ - _ _ _ -, ~ ~ ~AOOR SUBDMSION s r ~ F _m. -,- ~~ ~; r-~ ~- --~--,-- ~~ 1Yr ~--~~'~. L _1- ~~ ~_'-.~ ~ -__~~ '~1rr~ i ~~~ 'R O HIGHLANDS ~ ~ ~C -. ' ~ -i ~ RANCH r.~,Y~ ~,~~ Pt~ It V ~ j~ D a 0 0 v _Li~ _y =;=i--1,~- ~ ~~~~-~i ~1 '1-~ - ~-s SHERBROOK ~-~--~-~ HOLLOW =~-~-~_L L ~ ~~ ,~ __~ ,~--- riI rrr rtt trr ~-~~~~~. ~ ~~~~~r~ri ~.~ y ,~' L ,}~~~~~~,1~ a f -IEJ-~-se6~J 5. EAGLE ROAD ~ ~, €€ ~~ '€ ~~ 511E FIGURE 1 TUSCANY LAKES TRAFFIC STUDY VICINITY MAP r-~ CITY OF MERIDIAN "Hub of Treasure Valley" 33 E. Idaho Meridian, Idaho 83642 888433 t;ustomer s ~ 2 0O Order No. Date Name Address Z /'?iDBT ~ S, oo~ 2 ,o{, Phone: SOLD BY , CHARGE ON ACCT. MDSE. RETD. PAID OUT ~ ~ ~ ~ ~ ~~ ~ 4 ~ Q,~. I ~ xZ l5 ~l 2 ~ I t Z 2'7 ~ - ~ ~ ~ ~2 .. , i Z e ~ ~o~ ~ 39zo 4~- - rno~ i x ~ •'I X Z ~ I ?fib ~ ~^ htie.l G ~ ~ •"1 ~ ' ~' AR claims and returnedgoodsMUSTbe accompaniedbythis.bi0.-'- TAX ~ 0 012 3 7 2 Byceived TOTAL /n, ~~;o~ GS-202-2 ~ PPINTEO WITH '~p~ P~ PRINTED IN U.S.A. ~ SOy~NK, C~ 81,1/ ,~• HARLAND Sryle 2 m _~<Q~'9 is 7J ~ p ~ ~ Ili m= ~m f ~ m ~N~ I °Wrn ~I; mz~ T o I: ~~ i ZW ~. j Q~ ~. C F o~. 5 Imo' wm~ t v~ o ~ a~ ~ I~ ~z ~< O O ~ ~ ,~ N ~ `) m ~ o°~ ~ ~ .~ V ~ (p ~ a° A.^ ~ ~. .: ~ ~,? w ltt r,_, ~: '~ r r O~ i' p j ~ !i ~.~, ~, , I ,~. ^ ^ n ` O R~ ~ ~:: ~ ~ lia D -I u m t I ~ is ~ ~" ~ i; ~ ~ o ~~ ~ ~~ o ~ r r D ~ (~Q ' I "i N W \N J I• ~~ o O - ~ m ~ N ~ W cfl ~i r n ~.: I --~, O I SOD ~ ~ ~~~ i -' m= ~~; ~m O wrn^ ~ I T N LJ f~, O ~ ~Z~ ~'~ ~~, ~ ~ ~? W o D G~~ ~, i z a+ c ~<~ l - a, ~ c^'m7C ~~ 0 9~ ~ z ~i ~~ a. '' °~ B. ~ -~ N ~~ m ~ ~1~ m ~ ~ o ~ a o ~~ r ~ ~ i i ~• ,' ~ ~I ^ A ~ i~ -• ~, W I'~ r il' ~ ~ ~: O ~<i ~ ~" ~, ,: ^ ^ h `• O R~ III -,~ (~ ~~I I~ r ' '~~ ,;~. o ~ '~ .-. ~~ r ~II' r r ~ I; i D m la ~ ~I ~,~~~ ,,. ~: '~ ~ ~ o >~ ~ is ~ ~ } cn c R( N W `~ 1 O O O I' ~~y, W co Z 4i A + _ Ill.,, 9 .... .... DOBIE ENGINEERING, INC. TUSCANY LAKES SUBDIVISION TRAFFIC STUDY SEPTEMBER 1, 2000 SUBMITTED T0: ADA COUNTY HIGHWAY DISTRICT 318 E. 37TH ST. BOISE, ID 83714 DOBIE ENGINEERING, INC. 777 HEARTHSTONE DR., BOISE, ID 83702 (208)345-3290 "' „~ .-, TUSCANY LAKES SUBDIVISION TRAFFIC STUDY 1 PROPOSED DEVELOPMENT Study Objectives - This study was initiated to assess the traffic impacts resulting from the development of the Tuscany Lakes Subdivision and to evaluate the capacity of the road system to accommodate the site-generated traffic. Dobie Engineering, - Inc., was retained by the applicant, Westpark Company, to perform this traffic study in accordance with ACHD policy for development impact studies. "' On-Site Development Tuscany Lakes Subdivision is a proposed 150 acre residential development containing 355 single family lots plus an elementary school site. _ The property is located south of Victory Road between Eagle and Locust Grove Roads in Meridian, Idaho. The project will be developed in phases and is now estimated to be fully developed by the year 2005. Illustrated in Figure 1 is a general vicinity map showing the location of the proposed subdivision and adjacent roads and subdivisions. Prepared by Dobie Engineering, Inc. PARCEL I F A parcel of land situated in the Northwest quarter of Section 29, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being all of the South half of the Northwest quarter and a portion of the Northwest quarter of the Northwest quarter of said Section 29, as shown in Record of Survey No. 2464, as on file in the Office of the Recorder for Ada County, Idaho, and more particularly described as follows: Commencing at the Northwest corner of said Section 29, a point marked by a 5/8" iron pin; thence along the West line of said Section 29 South 0°00'24" East 1322.89 feet to the POINT OF BEGINNING, said point being the Southwest corner of the Northwest quarter of the Northwest quarter of said Section 29 marked by a 5/8" iron pin; thence along the South line of the said Northwest quarter of the Northwest quarter South 89°50'51" East 520.48 feet to a point marked by a 5/8" iron pin; thence leaving the said South line of the Northwest quarter of the Northwest quarter' North 51°43'15" East 87.93 feet to a point marked by a 5/8" iron pin; thence North 46°15'38" West 150.80 feet to a point marked by a 5/8" iron pin; thence North 17°46'39" East 385.83 feet (formerly North 17°47' West) to a point marked by a 5/8" iron pin; thence South 73°02'34" East 775.45 feet (formerly South 73°04' East) to a point marked by a 5/8" iron pin, said point being on the East line of the Northwest quarter of the Northwest quarter of said Section 29; thence along the East line of the Northwest quarter of the Northwest quarter of said Section 29 South 0°00'01" West 302.16 feet to a point marked by a 5/8" iron pin, said point being the Southeast corner of the Northwest quarter of the Northwest. quarter of said Section 29; thence along the North line of the South half of the Northwest quarter of said Section 29 South 89°50'51" East 1340.19 feet to a point marked by a 5/8" iron pin, said point being the Northeast corner of the South half of the Northwest quarter of said Section 29; thence along the East line of the South half of the Northwest quarter of said Section 29 South 0°00'41" West 1321.50 feet to a point marked by a 5/8" iron pin, said point being the Southeast corner of. the South half of the Northwest quarter of said Section 29; thence along the South line of the South half of the Northwest quarter of said Section 29 North 89°52'37" West 2679.86 feet to a point marked by a brass cap, said point being the Southwest corner of the Northwest quarter of said Section 29; thence along the West line of said Section 29 North 0°00'24" West 1322.89 feet to the POINT OF BEGINNING. .> __: EXCEP~~'NG T~~']~oM: :,:.~.~ ..., , .M., _ A parcel of land consisting of the lands conveyed to the United States of America in the deeds filed in Book 82 of Deeds at Page 281, Instrument No. 27944, and in Book 83 of Deeds at Page 318, Instrument No. 29116, in the Office of the Recorder of Ada County, Idaho, as shown on Record of Survey No. 2464 filed in the said Office of the Recorder for Ada County, said parcel being situated in the Southeast quarter of the Northwest quarter of Section 29, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at the Northwest corner of said Section 29, a point marked by a 5/8" iron pin; thence along the West line of said Section 29 South 0°00'24" East 1322.89 feet to the Northwest corner of the Southwest quarter of the Northwest quarter of said Section 29, a point marked by a 5/8" iron pin; thence along the North boundary of the said Southwest quarter of the Northwest quarter South 89°50'51" East 1340.0 feet to the Northwest corner of the ~ ~ said Southeast quarter of the Northwest quarter of Section 29, a point marked by a 5/8" iron pin; thence along the North boundary of the said Southeast quarter of the Northwest quarter South 89°50'51" East (formerly East) 181.90 feet to the POINT OF BEGINNING; thence leaving the said North boundary ' South 33°18'51" East (formerly South 33°28' East) 51.20 feet to a point; thence South 1°38'09" West (formerly South 1°29' West) 342.80 feet to a point; thence South 12°09'51" East (formerly South 12°19' East) 361.80 feet to a point; thence South 25°15'51" East (formerly South 25°25' East) 243.20 feet to a point; thence South 45°30'51" East (formerly South 45°40' East) 245.90 feet to a point; thence South 10°00'51" East (formerly South 10°10' East) 47.78 feet to a point; thence South 67°47'37" East (formerly South 67°55' East) 215.19 feet to a point; thence North 73°27'23" East (formerly North 73°20' East) 191.70 feet to (Continued) '-~ ~, a point; thence South`23°27'37" East 129.38 feet (formerly South 23°35' East 129.3 feet) to a point on the South boundary of the said Southeast quarter of the Northwest quarter; thence along the said South boundary North 89°52'37" West 65.45 feet (formerly West 65.5 feet) to a point; thence leaving the said South boundary North 23°27'37" West (formerly North 23°35' West) 50.00 feet to a point; thence South 73°27'23" West (formerly South 73°20' West) 159.70 feet to a point; thence North 67°47'37" West (formerly North 67°55' West) 198.44 feet to a point; thence South 10°00'51" East (formerly South 10°10' East) 19.74 feet to a point; thence North 89°50'51" West (formerly West) 61.00 feet to a point; thence North 10°00'51" West (formerly North 10°10' West) 46.81 feet to a point; thence North 67°47'37" West (formerly North 67°55' West) 9.59 feet to a point; thence North 10°02'37" West (formerly North 10°10' West) 68.00 feet to a point; thence North 45°30'51" West (formerly North 45°40' West) 223.37 feet to a point; thence North 25°15'51" West (formerly North 25°25' West) 260.80 feet to a point; thence North 12°09'51" West (formerly North 12°19' West) 376.00 feet to a point; thence North 1°38'09" East (formerly North 1°29' East) 331.20 feet to a point; thence North 33°18'51" West 71.93 feet (formerly North 33°28' West 72.00 feet) to a point on the said North boundary of the Southeast quarter of the Northwest quarter; thence along the said North boundary South 89°50'51" East 71.94 feet (formerly East 71.8 feet) to the POINT OF BEGINNING. EXCEPT ditch and road right of ways. PARCEI ~I r A parcel of land situated in the Northeast quarter of the Northwest quarter of Section 29, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Northwest corner of said Section 29, a point marked by a 5/8" iron pin; thence along the West line of said Section 29 South 0°00'24" East 1322.89 feet to a point marked by a 5/8" iron pin, said point being the Southwest corner of the Northwest quarter of the Northwest quarter of said Section 29; thence along the South boundary of the said Northwest quarter of the Northwest quarter South 89°50'51" East 1340.09 feet to a point marked by a 5/8" iron pin, said point being the Southwest corner of the said Northeast quarter of the Northwest quarter which point is also the POINT OF BEGINNING; thence along the West boundary of the said Northeast quarter of the Northwest quarter North 00°00'01" East 302.26 feet to a point; thence leaving the said West boundary of the Northeast quarter of the Northwest quarter South 73°02'34" East 66.31 feet to a point on the centerline of the Eight Mile Lateral; thence along the said centerline South 5°00'43" East 111.17 feet to a a point of curvature; thence continuing Southeasterly 123.47 feet along the arc of a curve to the left having a radius of 250.00 feet, a central angle of 26°17'48" and a long chord which bears South 19°09'37" East 122.22 feet to a point of tangency; thence continuing, South 33°18'31" East 6.10 feet to a point of curvature; thence /'` continuing Southeasterly 49.96 feet along the arc of a curve to the right having a radius of 350.00 feet, a central angle of 8°10'43" and a long chord which bears South 29°13'09" East 49.92 feet to a of the said Northeast quarter of the along the said South boundary of the Northwest quarter North 89°50'51" West 146.46 feet to point on the South boundary Northwest quarter; thence Northeast quarter of the the POINT OF BEGINNING. EXCEPT ditch and road right of ways. ,.-. A~ CIATED EARTH SCIENCES INC"'°~ BIOLOGY • GEOLvGY • ENGINEERING • SOIL SURVEYS • SOIL AND Wa .t QUALITY • RESOURCE PLANNING AND SITE INVESTIGATIONS 6238 Edgewater Drive Boise, Idaho 83709 (208) 672 9213 July 24, 2000 R. Craig Groves John C. Scott Real Estate 6223 N. Discovery Way, Suite 120 Boise, ID 83713 Dear Craig: It was requested that we supply you with water table monitoring measurements to date on the properties we are monitoring for Westpark Co. The measurements through July 15, 2000, are attached. We will continue to monitor through September 15, 2000, unless instructed otherwise by you. It may be useful to you for us to continue monitoring until about November 15, 2000. Another report will be sent to you when the monitoring is completed. Sincerely, Glen H. Logan Certified Professional Soil Scientist cc: Kathy Stroschiem Briggs Engineering 1800 W. Overland Boise, ID 83705 cc: Greg Johnson Westpark Co. P.O. Box 344 Meridian, ID 83680 W ^ park Co. -Burnett Turf Farm, 60 acre ~` Date TH1 TH2 TH3 TH4 THS* TH6 5/18/00 Dry to 110" Water at 49" Water at 37" Water at 36" Dry to 87" Water at 74" 6/1 Dry to 110" Water at 47" Water at 25" Water at 28" Water at 51" Water at 89" 6/15 Dry to 110" Water at 55" Water at 26" Water at 29" Water at 37" Water at 95" 7/1 Dry to 110" Water at 53" Water at 25" Water at 26" Water at 28" Water at 95" 7/15 Dry to 110" Water at 58" Water at 27" Water at 29" Water at 32" Water at 95" 8/1 8/15 9/1 9/15 * Monitoring pipe bottom at 87" below ground level. Westpark Co. -Buchner/WennerBurnett, 90 acres Date TH1 TH2 TH3 TH4 THS TH6 TH7 5/16/00 Water at 77" Water at 25" Water at 38" Water at 42" Water at 48" Water at 45" Water at 76" 6/1 Water at 59" Water at 9" Water at 6" Water at 28" Water at 44" Water at 18" Water at 68" 6/15 Water at 52" Water at 17" Water at 2" Water at 28" Water at 45" Water at 20" Water at 26" 7/1 Water at 55" Water at 18" Water at 3" Water at 32" Water at 49" Water at 23" Water at 33" 7/15 Water at 49" Water at 29" Water at 4" Water at 29" Water at 49" Water at 26" Water at 59" 8/1 8/15 9/1 9/15 ., . *Westpark Co. -Buchner/WennerBurnett, 90 a~~es Date A B C D E F G H J K L M 7/12 Water at 55" Water at 65" Water at 59" Water at 72" Water at 51" Water at 45" Water at 85" Water at 81" Water at 65" Water at 47" Water at 33" Water at 53" 7/15 Water at 51 " Water at 63" Water at 56" Water at 66" Water at 48" Water at 30" Water at 60" Water at 68" Water at 59" Water at 23" Water at 43" Water at 54" 8/1 8/i~ 9/1 9/l5 * Second set of test holes on this property. Westpark Co. -Monte Dennett, 100 acres Date TH1 TH2 TH3 TH4 THS TH6 TH7 TH8 TH9 6/1 Water Dry to Dry to Dry to Dry to Dry to Dry to Dry to Dry to at 135" 178" 120" 117" 119" 120" 117" 173" 114" 6/15 Water Dry to Dry to Dry to Dry to Dry to Dry to Dry to Dry to at 146" 178" 120" 117" 119" 120" 117" 173" 114" 7/1 Water Dry to Dry to Dry to Dry to Dry to Dry to Water Dry to at 129" 178" 120" 117" 119" 120" 117" at 166" 114" 7/15 Monitor- Dry to Dry to Dry to Dry to Dry to Dry to Water Dry to d etroyed 178" 120" 117" 119" 120" 117" at 164" 114" 8/1 r 8/15 9/1 9/15 ~....; ,__, TUSCANY SUBDIVISION PROPERTY OWNERS WITHIN 300' HANSEN MARVIN R & HANSEN NANCY J 2460 E VICTORY RD MERIDIAN ID 83642-7050 WHITE & SONS CONSTRUCTION LLC 565 JACKSON ST BOISE ID 83705-0000 3121 S TAGISH PL THOUSAND SPRINGS SUB HOA 4550 W STATE ST BOISE ID 83703-0000 S BRANDY'S JEWEL WAY HASTINGS VERNETTA 2910 E VICTORY RD MERIDIAN ID 83642-7051 GLICK JONATHAN W & GLICK BONITA J 2860 E VICTORY RD MERIDIAN ID 83642-7051 YOUNG REX T & MARLA H 2950 E VICTORY RD MERIDIAN ID 83642-7051 DOUG LASHER CONSTRUCTION INC PO BOX 583 MERIDIAN ID 83680-0583 3130 S TAGISH PL 3133 S TAGISH PL 3144 S TAGISH PL ALLEN BIRTEN JAMES & ALLEN MARY LOU 3040 E VICTORY RD MERIDIAN ID 83642-7051 MARQUART DAVID M & BARBARA K 3100 E VICTORY RD MERIDIAN ID 83642-0000 FARWEST LLC 4550 W STATE ST BOISE ID 83703-4467 S TAGISH PL S BR.~NDY'S JEWEL WAY ALLIANCE ENTERPRISES INC 7311 POTOMAC BOISE ID 83704-0000 3171 S TAGISH PL OASIS CONSTRUCTION INC 5772 N APPLEBROOK WAY BOISE ID 83713-0000 3169 S TAGISH PL C W CONSTRUCTION INC 1300 S HEIDI PL MERIDIAN ID 83642-0000 3157 S TAGISH PL KESLING DIRK A KESLING DENISE 2422 12TH AVE S STE 127 Nr~'vIPA ID 83687-0000 3145 S TAGISH PL JERREMS CATHERIN E 3245 S LOCUST GROVE RD MERIDIAN ID 83642-7045 CAVEN JERRY L TRUST 6874 FAIRVIEW AVE BOISE ID 83704-8501 S LOCUST GROVE RD BELL RICHARD & BELL TINA 3615 S LOCUST GROVE RD MERIDIAN ID 83642-7045 IEST TINA DECLARATION OF TRUST 2313 TERRACE DR CALDWELL ID 83605-2258 E VICTORY RD JENKINS HOWARD B JENKINS SHARON J 6951 PEARL RD EAGLE ID 83616-0000 3815 S LOCUST GROVE RD 3893 S LOCUST GROVE RD PATTERSON JA~'~1ES DARE 9362 W WICHITA ST BOISE ID 83709-0000 4145 S LOCUST GROVE RD '"~~ ,.-~ LIDDELL RUSSELL V & KAREL J RUGS AINiEE P TRUSTEE 1777 E VICTORY RD 3515 S EAGLE RD MERIDIAN ID 83642-0000 MERIDIAN ID 83642-7021 RICHARDSON CHARLES H SIGMONT WALT T RICHARDSON VICKIE R SIGMONT RUTH A 1835 E VICTORY RD 3817 S STAR VALLEY RD MERIDIAN ID 83642-0000 BOISE ID 83709-4851 2015 E VICTORY RD BUREAU OF RECLAMATION S LOCUST GROVE RD 214 BROADWAY AVE BOISE ID 83702-0000 GOLDSMITH MARTY E VICTORY RD 4550 W STATE ST BOISE ID 83703-0000 MORGNER E M REV LVNG TRUST E VICTORY RD KUNTZ LUANN TRUSTEE 4800 W HOLMES ST PULLMAN H R& J F TRUST BOISE ID 83706-2207 PULLMAN H R & J F TRUSTEES 2015 E VICTORI' RD 4010 S LOCUST GROVE RD E VICTORY RD MERIDIAN ID 83642-7024 BURNETT FAMILY TRUST PATTERSON WILLIAM D & BURNETT D W& J R TRUSTEES PATTERSON JULIE B 1408E 2300 4224 S LOCUST GROVE RD PROVO UT 84604-4175 MERIDIAN ID 83642-7024 2895 E VICTORY RD NAMPA & MERIDIAN IRRIGATION DISTRICT WATSON MARK 1503 01ST SOUTH ST 3085 E VICTORY RD NAMPA ID 83651-0000 MERIDIAN ID 83642-7003 E VICTORY RD WEBB CRETA J DAWSON TOM L & WEBB GERALD D DAWSON DEBRA 1975 E VICTORY RD 4390 S LOCUST GROVE RD MERIDIAN ID 83642-0000 MERIDIAN ID 83642-7059 HOWARD RAYNER C WARRICK PAUL C HOWARD SUSAN A 2445 E AMITY RD 3420 S LOCUST GROVE RD MERIDIAN ID 83642-7054 MERIDIAN ID 83642-0000 E AMITY RD KUNZ ERMA SARAH FLOYD POOLE ALAN & LENETTE 3335 S EAGLE RD 3200 S MARYMEADE MERIDIAN ID 83642-7019 EAGLE ID 83616-0000 N EAGLE RD S EAGLE RD SIGMONT WALTER T JR GARRETT H OWEN & SMITH RAYMOND C GARRETT RO'~IA S 3817 S STAR VALLEY RD 1320E 500 S # 1006 BOISE ID 83709-4851 SALT LAKE CITY UT 84102-0000 S LOCUST GROVE RD S LOCUST GROVE RD MALAISE ALLEN G & SANDRA K NELSON J BRUCE & 3580 S LOCUST GROVE RD NELSON JANICE W MERIDIAN ID 83642-7024 3295 FALCON DR MERIDIAN ID 83642-7037 .~ HILL ANGUS F III & NfARGARET M 1925 MERIDI.~N RD KUNA ID 83634-0000 3620 S EAGLE RD QUICK TROY & QUICK KRISTI 3677 S CALEB PL MERIDIAN ID 83642-7068 BERTSCH FREDA 3650 S EAGLE RD MERIDIAN ID 83642-7020 COOK REX M & COOK TAMERA D 3691 S CALEB PL MERIDIAN ID 83642-7068 09/64!2000 89:06 801-485.•11 n " p"""er ~ ~ yy 'fEL:2Q95?~811t1 P. 00? .41!G. -34' if(.1l~Pl I1 ~ Id P4RIiPnINTECt>~1MERr,I, eau}y-~29-00 03:03P The Westp~rk C~ 208A8899~7 .~~' AF1=iDAV(Y Of L.~OAL iN1'ERE5T sTA~I= oF-~rsl~t~ ~ ~ ga coutvTlr oF~er~ ~.3~-Gh ) t ~ ~~..~~..~ ~,~~7 tt ~ c 1,~~y ~~o~l~r~/c~i~~~r_ i ~~~ I ~'D_ - Name ,(~~it 2c Tr ~2H~~q ~s ~' 4~ 9/a9/~~' Address ~~2 D ~~_ . ~ f~~#~D~, being first duly sworn upon (may) {state) oath, depose and soy: 1, YhAt f sm the record aw~er of the property deseribed on fhe att8ched, snd I gran! my perrnlssion to Gem Park II Partnership PO_ Box 344, Meridian, ID 83680 (name) ~aadressj to submit the accompanying eppltcafien perfgining to that property. ~~ 2. 1 egn3e to indemnity, defend and hotel t?ie Clb/ of Meridian and ICs employees harmless from any clalnt or Ileb~ity -esu~tnQ from any d~ptAe ~ !o the statements contained herein or es to the dvunershlp of the property which is the aubJect of the application. dgled this „_..L~ day of s r r' ~~/1~ 3~~ !~ ~'~ 0~ Mc~rw~.-... ~..- . ,. ~: r~ ts~nature~ SUBSCRIBED AND SWiDRN to before me the day aced year first above written. SHANNON TUCKk"TT A477ABYPJJBI,~•SIAIFalUl,W a 2f et N. CANYON RD. '~ PAOVO, UTAH 94604 ~~ " ' ~ GOMiii. EXP.1•ifi•2d03 Ntstary Public fo a, Residing at LY/O My Ca:xniasion Expires: I00'd I0~8i~980~ ~3~, ']0~31t1a003,LNI0dN~~d Zfi~Si (NOIt)00,II-~d3S Sep-22-00 02:51P The WestparK Co 2088889947 .-. REQUEST A-NNEXATIONlPUDRND SUBDIVISION APPROVAL TUSCANY LAKES SUBDIVISION CITY OF MERIDIAN, IDAHO September Q2, 2000 GEM PARK_II PARTNERSHIP ,does hereby subn~t to the City of Meridian application of Tuscany Lakes Subdivision for the purpose of annexation, PUD and Subdivision Approval gfthe,~roperty(ies) described within. of The Westpark Co. Inc., Managing Partner of Gem Park I! P.02 ACKNOWLEDGMENT -Corporate STATE OF IDAHO ) )~ County of Ada ) On this _,~,_ day of s~~ ~ n. b e,~- , in the year of 2000 , before me Marilee L_ Bonet , a notary public, personally appeared ~~~~ ,~,,.~5 ~ ~~ known or identified to me to be the ~,r,~s ; ~ P r. of the corporation that executed the within instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same and acknowledged that the same was signed as a free and voluntary act and deed for the uses and purposes herein mentioned. Garen under my hand and official seal this ~ a day of ~ „ , 2000 •``~.ytiA L. Bo~~~••. :'~~4~ OAR ~ (~ .• ~ ~ ~ «' pUBLtiG -,.~*~o Notary Public, for the State of Idaho Residing at Meridian, Idaho My Commission Expires: 8!29/2002 ,'~-CEP-22-cE1@~@ 15 ~ FJ3 208~0~~94? 565: P . ~2 ~FIDAVIT OF LEGAL INTEREST r• STATE OF IDAHO ) ss COUNTY OF ADA ) I, Name Add ~j, ~ ~~~ ~ ~~ ,being first duly sworn upon (city) (state) oath, depose and say: 1. That I am the record owner of the property described on the attached, and I grant my permission to - (name) (address) 8~~~c7 to submit the accompanying application pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and it's employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. Dated this ~ day of ~ QT ~e -~.. ~e,r , SUBSCRIBED AND SWORN to before me the day and year first above written. Not ry Public for Idaho _ ~~ °°°°°° ALB ,,~~ Residing at ~~ °~ ~'1~ ~.N•..~~il~ °I~ ~,: NOTARY .~ My Commission Expires: ~ a 9 ~ • S* '•~ e *• 1G: ; °°°~ ~ TE OF 194`°° 5 ~. ..-.,, TUSCANY LAKES SUBDIVISION TRAFFIC STUDY 2 PROJECTED TRAFFIC Existing Road System Traffic Volume Recent average daily traffic counts on the major roadways near the site are listed in Table 1. Table 7 Existing Traffic Volumes Average Daily Traffic: Locust Grove South of Overland Road Eagle Road South of Overland Road Victory Road East of SH 69 Victory Road East of Eagle Road Vehicles per Dav: Date of Count: 3,500 1 /00 8,012 6/99 1,932 8/97 4,055 5/96 South Eagle Road is designated as a minor arterial. Adjacent to the site Eagle Road is improved with two traffic lanes with 3 ft. paved shoulders. The posted speed limit is 50 mph. Victory Road is an urban collector with a two lane 30 ft. paved section. The posted speed limit is 35 mph east of the canal. Prepared by Dobie Engineering, Inc. ~-,,. .~-. TUSCANY LAKES SVdDIVISION TRAFFIC STUDY 3 Locust Grove Road is an unclassified section line road with a 2 lane 30 ft. paved section. The posted speed limit is 50 mph. The Eagle RoadNictory Road intersection has all-way-stop-control with a traffic beacon. The Locust GroveNictory Road intersection is also all-way-stop-control. Neither intersection has auxiliary turn lanes on any approach. Projected average daily traffic and peak hour turning movement counts were prepared for the adjacent intersections. Traffic data were obtained from traffic studies for the Highlands Ranch and Sherbrooke Hollows developments. These forecasts for the year 2001 are summarized in Figure 2. Prepared by Dobie Engineering, Inc. FIGURE 2 BASELINE CONDITIONS PM PEAK HOUR YEAR 20{}5 ~ N EAGLE ROAD - ~ ~ ~ zo ~ ~zo so 1 r ~o ieo -~ so h~ 0 0, o ~~ Q 0 0 U_ o coo 0 ~ N ~ ~~~ -~ ~~ 4 ~o 50 ~ ~ 30 RD. 50 ~~ h~~- N ~~ N N Trcffic Study Prepared 9y: __ PATRICK DOBIE P.E. 7n fbvtlw~w tr BeiK D e370I 316-ds9 TUSCANY LAKES SUt3DIVISION TRAFFIC STUDY 4 Trip Generation The following trip rates are recommended in the ITE Trip Generation Manual , (6th Edition), for the proposed land uses. These rates were used in this report to project traffic volumes within the study area: Table 2 Trip Generation Rates Residential Elementary Occurance Single Family School (per Unit)- (per KSF) Weekday End Trips 9.57 12.0 AM Peak Hour 0.75 3.36 Enter (25%) (61 %) Exit (75%) (39%) PM Peak Hour 1.01 3.12 Enter (64%) (26%) Exit (36%) (74%) Prepared by Dobie Engineering, Inc. +. ._ ~.., ...-.. TUSCANY LAKES SUt3DIVISION TRAFFIC STUDY 5 Using the trip generation rates in Table 2, future site-generated traffic was estimated for full buildout of the Tuscany Lakes lots and school site. The findings are presented in Table 3. Table 3 Site-Generated Traffic (Rounded) Number New Trips/Day Residential Lots 355 lots 3400 Elementary School 50 KSF 600 Total 4000 AM PH Trips PM PH Trips 200 360 170 155 370 515 Traffic projections for the study area were obtained from APA and reflect current planning assumptions in their transportation planning model. Table 4 Regional Traffic Model Proiections (Rounded) 2005 2015 Locust Grove North of Victory 2,100 4,000 Victory East of Locust Grove 9,200 12,000 Eagle Road North of Victory 10,900 16,000 Eagle Road South of Victory 9,400 14,800 Prepared by Dobie Engineering, Inc. TUSCANY LAKES SUBDIVISION TRAFFIC STUDY 6 - Traffic Assignments Based on the trip generation rates and regional growth projections previously presented, future trips resulting from development of the Tuscany Lakes Subdivision lots were estimated and assigned to the internal streets and project entrances. The projected average daily traffic volumes on the internal streets at full buildout of the subdivision are illustrated in Figure 3. Shown in Figure 4 are projected year 2005 turning movements at the main entrances at full buildout of the subdivision. Prepared by Dobie Engineering, Inc. .-. FIGURE 3 -~= ~ i TUSGANY LAKES l11_L1~ i '800' AVERAGE DAILY TRAFFlC ~ ~ j YR 2005 t ~ I j ti. ~ 1~~ (~ ~ ~ ~ 2 ~ i ~. x 1 ~ '~ @. __ ._ `°~ Q s 3 Q _V ~ •Fa 3 ~ ~ t~, o -2 ;~ ! # C 0 -20~ - o. - AVERAGE DAILY TRAFFIC ~=~'~---va F _ ~- = =,; -20~ O ~ r ,-J00~ ~ Y' • S. LOCUST GROVE ROAD `€- j ~W ~~~ 000 ~~~ t 50 ~ 300 100 ? r 50 500 "~ 100 7. h ~ ~ 00 0 oo ~iy t 40 I ~n C T ICl~A LIV WAV I O I O n O O D O IOR OR. J 0 0 ~+~- ~ "~ 20 '~- 20 ~ 100 4 105 100 1 r 40 LOCUST GROVE ROAD 90 1 120 'j- 40 Z. `~~ 110- 0 0 0 --~ FIGURE 4 TUSCANY LAKES SUBDIVISION YR 2QQ5 TURNING MOVEMENTS PM PEAK HGUR z----~~---~ EAGLE ROAD .-, ,re TUSCANY LAKES SU~3DIVISION TRAFFIC STUD? CAPACITY ANALYSIS -LEVEL OF SERVICE A capacity analysis and a Level of Service calculation were prepared to evaluate the present and future traffic conditions at both the site entrances and arterial intersections with Victory Road. Assumed in the analysis were years 2005 traffic conditions. This analysis was based on the procedures and methodologies developed in the Highway Capacity Manual (TRB Report 209) for - non-signalized intersections. Capacity Analysis: Project Entrance Projected future traffic volumes at the project intersections are shown in Figure 4. It was assumed in the calculations that both Locust Grove and Victory Road would be improved to a three lane left-turn lane section at the site intersections by the year 2005. r The findings of this analysis for the project entrances are summarized in Table 6 below. Prepared by Dobie Engineering, Inc. .., TUSCANY LAKES SUtsDIVISION TRAFFIC STUDY 8 Table 6 Level of Service Analysis Project Entrances Year 2005 Peak Hour _ Left Turn In Left Tum Out Intersection From Main Road From Side Street LOS Tuscany Way ~ Victory Road A C A Dartmoor Dr. cLD Locust Grove A B A _ These findings indicate that both of the main subdivision entrances will function within acceptable standards with installation of the improvements recommended in this study. Refer to Appendix A for details of the calculations. Prepared by Dobie Engineering, Inc. --~ .-~. TUSCANY LAKES SUoDIVISION TRAFFIC STUDY 9 Capacity Analysis: Arterial Intersections Presented in Table 7 are the results of a level of service calculation for a two-way-stop-control intersection at Victory Road and Locust Grove Road. Service level standards were calculated for the year 2005 PM Hour using existing lane geometry with the addition of left-turn lanes on all approaches. Details of the calculations are attached in Appendix B. Table 7 LOS Analysis at Victory Road/Locust Grove Road Intersection Year 2005 Traffic Volumes "" Approach Existin With Left-Turn Lane Northbound F E/F w Southbound F E/F Eastbound A A Westbound A A Intersection F C _ Projected traffic volumes exceed the range of the all-way-stop-control now in use. With a change to two-way-stop-control and the addition of left-turn lanes on all approaches, acceptable service levels can be achieved. Prepared by Dobie Engineering, Inc. ,_ ~--, TUSCANY LAKES SIJtiDIVISION TRAFFIC STUDY 10 -- Presented in Table 8 are the results of a level of service calculation for a two-way-stop-control intersection at Victory Road and Eagle Road. Service level standards were calculated for the year 2005 PM Hour using existing lane geometry with the addition of left-turn lanes on all approaches. Details of the calculations are attached in Appendix B. - Table 8 LOS Analysis at Victory Road/Ea41e Road Intersection - Year 2005 Traffic Volumes Approach Existin With Left-Turn Lane Northbound A A Southbound A A Eastbound F F .r Westbound F F Intersection <F <F Projected traffic volumes exceed the range of astop-control intersection. A traffic signal will be needed at this location to accommodate projected traffic volumes. Prepared by Dobie Engineering, Inc. ... TUSCANY LAKES SUBDIVISION TRAFFIC STUDY 11 Capacity Analysis: Arterial Roads The capacities of the adjacent sections of Victory Road and Locust Grove Road, shown in Table 9, were calculated for the year 2015 with the addition of the site generated traffic. Table 9 Arterial Capacity - SiteTraffic Conditions Year 2015 Peak Hr. Volume No.Lanes Vol./Cap. LOS Victory Road 1200 2 0.72 C Locust Grove Road 400 2 0.24 A Both Victory Road and Locust Grove Road will provide sufficient capacity through the year 2015 to accommodate the projected traffic. A two-lane section should be adequate. Prepared by Dobie Engineering, Inc. .-. ~., TUSCANY LAKES SUBDIVISION TRAFFIC STUDY 12 Capacity Analysis: Lane Geometry at Project Entrances The need for auxiliary lane improvements at the project entrances were evaluated to determine if site related improvements would be needed to serve ,_,,, the development. Year 2005 traffic conditions were evaluated. Table 70 Auxiliary Lane Warrants Arterial Turnin Maximum Warrant Victory Rd./Tuscany Way Volume Volume Art. Volume Met ~ Left Tum 460 vph 80 100 Yes Right Tum 10,000 vpd 35 10,000 No Arterial Turnin Maximum Warrant Locust Grove/Dartmoor Dr. Volume Volume Art. Volume Met Left Turn 105 vph 90 100 Yes Right Turn 4,000 vpd 20 10,000 No Source: ACHD Policy Manual Update Memo (7-17-96) A left-turn lane is warranted on both Locust Grove Road and Victory Road. The right-turn lane warrant is not met for either intersection. No auxiliary lanes are required at the office driveways. Prepared by Dobie Engineering, Inc. ~"•~ APPENDIX APPENDIX A rr ~~~ .~ ,-. ~ € HCS: Unsignalized i~~tersections Release 2.1c 9980.HC0 Page ----------------------------------------------------------------------- ----------------------------------------------------------------------- Center For Microcomputers In Transportation University of Florida 512 Weil Hall Gainesville, FL 32611-2083 Ph: (904) 392-0378 ----------------------------------------------------------------------- Streets: (N-S) TUSCANY WAY (E-W) VICTORY ROAD Major Street Direction.... EW Length of Time Analyzed... 15 (min) Analyst ................... P. DOBIE Date of Analysis.......... 8/7/0 Other Information.........YR. 2005 WITH SITE TRAFFIC Two-way Stop-controlled Intersection Eastbound Westbound Northbound Southbound L T R L T R L T R L T R No. Lanes Stop/Yield volumes PHF Grade MC's (%) SU/RV's (o) CV's ( o) PCE's 0 1 1 N 460 80 .95 .95 0 j 1 1 0 NI 80 420 .95 .95 0 1.10 1 0 1 40 40 .95 .95 0 1.10 1.10' Adjustment Factors 0 0 0 Vehicle Critical Follow-up Maneuver ---------------------- - - Gap (tg) Time (tf) - --- ---- Left Turn Major Road -------------------- 5.00 -------------- 2.10 Right Turn Minor Road 5.50 2.60 Through Traffic Minor Road 6.00 3.30 Left Turn Minor Road 6.50 3.40 1 ..... HCS: Unsignalized Intersections Release 2.1c 9980.HC0 Page 2 Worksheet for TWSC Intersection -------------------------------------------------------- Step 1: RT from Minor Street NB SB Conflicting Flows: (vph) 484 Potential Capacity: (pcph) 787 Movement Capacity: (pcph) 787 Prob. of Queue-Free State: ---- -------- 0.94 --------------- -- --------------------------- Step 2: LT from Major Street --------------------- -------- WB --------------- EB -- ---------- Conflicting Flows: (vph) 568 Potential Capacity: (pcph) 919 Movement Capacity: (pcph) 919 Prob. of Queue-Free State: ------ - 0.90 --------------- -- ------------------------------- Step 4: LT from Minor Street -------------------------- - -------- NB --------------- SB -- ----- Conflicting Flows: (vph) 1010 Potential Capacity: (pcph) 275 Major LT, Minor TH Impedance Factor: 0.90 Adjusted Impedance Factor: 0.90 Capacity Adjustment Factor due to Impeding Movements 0.90 Movement Capacity: (pcph) ------------------------------- -------- 247 --------------- -- Intersection Performance Summary Avg. 95% Flow Move Shared Total Queue Approach Rate Cap Cap Delay Length LOS Delay Movement (pcph) (pcph) (pcph) (sec/veh) (veh) ------- ------- ----- (sec/veh} --------- -------- ------ ------ ------ NB L 46 247 17.9 0.7 C 11.4 NB R 46 787 4.9 0.1 A WB L 92 919 4.4 0.3 A 0.7 Intersection De lay = 1.1 see/veh ~~~~ ~. -~. HCS: Unsignalized Intersections Release 2.1c 9980.HC0 Page 1 Center For Microcomputers In Transportation University of Florida 512 Weil Hall Gainesville, FL 32611-2083 Ph: (904) 392-0378 --------------------------------------- Streets: (N-S) LOCUST GROVE ROAD (E-W) DARTMOOR DR. Major Street Direction.... NS Length of Time Analyzed... 15 (min) Analyst ................... P. DOBIE Date of Analysis.......... 8/7/0 Other Information.........YR. 2005 WITH SITE TRAFFIC Two-way Stop-controlled Intersection Northbound Southbound Eastbound Westbound L T R L T R L T R L T R No. Lanes Stop/Yield volumes PHF Grade MC's ( o} SU/RV's (o) CV's ( o) PCE's 0 > 1 0 N 90 110 .95 .95 0 ;1.10 0 0 0 i Adjustment Factors 1 0 1 15 55 .95 .95 0 1.10 1.10 -------------- Vehicle Critical Follow-up Maneuver Gap (tg} --------------- Time (tf) -------------- -------------------------------- Left Turn Major Road ----- 5.00 2.10 Right Turn Minor Road 5.50 2.60 Through Traffic Minor Road 6.00 3.30 Left Turn Minor Road 6.50 3.40 0 1 < 0 N' 105 20 .95 .95 0 ~. ~ r• HCS: Unsignalized Intersections Release 2.1c 9980 .HC0 Page 2 Worksheet for TWSC intersection ------------------ - ------------------------------------ r Step 1: RT from Minor Street ---------------------------- WB --------------- EB -- ----------- Conflicting Flows: (vph} 122 _ Potential Capacity: (pcph) 1201 Movement Capacity: (pcph) 1201 Prob. of Queue-Free State: -------- 0.95 --------------- -- - ------------------------------- Step 2: LT from Major Street -------------------------- SB --------------- NB -- ------------- ._ Conflicting Flows: (vph) 132 Potential Capacity: (pcph) 1483 Movement Capacity: (pcph) 1483 Prob. of Queue-Free State: 0.93 '- TH Saturation Flow Rate: (pcphpl) 1700 RT Saturation Flow Rate: (pcphpl) Major LT Shared Lane Prob. -- of Queue-Free State: ------- 0.92 --------------- -- -------------------------------- Step 4: LT from Minor Street --------------------------------- WB --------------- EB -- ------ Conflicting Flows: (vph) 332 Potential Capacity: (pcph) 680 Major LT, Minor TH -' Impedance Factor: 0.92 Adjusted Impedance Factor: 0.92 Capacity Adjustment Factor - due to Impeding Movements 0.92 Movement Capacity: (pcph) -------------------------------------- 628 --------------- --- _ Intersection Performance Summary Avg. 950 --- Flow Move Shared Total Queue Approach Rate Cap Cap Delay Length LOS Delay Movement (pcph) (pcph) (pcph)(sec/veh) (veh) - ------- ------- ----- (sec/veh) --------- -------- ------ ------ ----- r WB L 18 628 5.9 0.0 B 3.8 WB R 64 1201 3.2 0.0 A SB L 105 1483 2.6 0.1 A 1.2 Intersection Delay = 1.3 sec/veh ~. APPENDIX B ~~ , ,~. -- HCS: Unsignalized Intersections Release 2.1c 9980.HC0 Page 1 Center For Microcomputers In Transportation University of Florida 512 Weil Hall Gainesville, FL 32611-2083 Ph: (904) 392-0378 ------------------------=-------------------- Streets: (N-S) LOCUST GROVE RD (E-W) VICTORY ROAD Major Street Direction.... EW Length of Time Analyzed... 15 (min) Analyst ................... P. DOBIE Date of Analysis.......... 8/7/0 Other Information.........YR. 2005 WITH SITE TRAFFIC Two-way Stop-controlled Intersection ------------=------------------------------------------ Eastbound Westbound Northbound Southbound L T R L T R L T R L T R No. Lanes 1 0 Stop/Yield volumes PHF Grade MC's ( o) SU/RV's (%) CV's ( o) PCE's 0 > 1 < 0 N 150 300 30 .95 .95 .95 0 1.10 0 > 1 < 0 N 50 400 150 .95 .95 .95 0 1.10 0 > 1 < 0 40 100 20 .95 .95 .95 0 1.10 1.10 1.10 0 > < 100 120 40 .95 .95 .95 0 1.10 1.10 1.10 -------------- _. Adjustment Factors Vehicle Critical Follow-up Maneuver Gap (tg) ----------- Time (tf) -------------- ----------------------------------- Left Turn Major Road ------ 5.00 2.10 Right Turn Minor Road 5.50 2.60 Through Traffic Minor Road 6.00 3.30 Left Turn Minor Road 6.50 3.40 _ HCS: Unsignalized Intersections Release 2.1c 9980.HC0 Page 3 Intersection Performance Summary Avg . 95 0 Flow Move Shared Total Queue Approach - Rate Cap Cap Delay Length LOS Delay Movement -------- (pcph) ------ (pcph) (pcph)(sec/veh) ------ ------ ------- (veh) -- (sec/veh) NB L 46 84 > ----- ----- --------- NB T 116 197 > 159 174.4 8.6 F 174.4 NB R 23 940 > - SB L 116 100 > SB T 139 213 > 161 457.0 20.2 F 457.0 SB R 46 773 > EB L 174 908 4.9 0.8 A 1.5 WB L 58 1170 3.2 0.0 A 0.3 Intersection Delay = 98.4 sec/veh r .~ No. Lanes Stop/Yield Volumes PHF Grade MC's (%) SU/RV's (%) 0 CV's ( o) PCE's ~~ HCS: Unsignalized InL~rsections Release 2.1c 9980.HC0 Page 1 Center For Microcomputers In Transportation University of Florida 512 Weil Hall Gainesville, FL 32611-2083 Ph: (904) 392-0378 ____________________ Streets: (N-S) LOCUST GROVE RD (E-W) VICTORY ROAD Major Street Direction.... EW Length of Time Analyzed... 15 (min) Analyst ................... P. DOBIE Date of Analysis.......... 8/7/0 Other Information.........YR. 2005 WITH SITE TRAFFIC Two-way Stop-controlled Intersection Eastbound westbound Northbound Southbound L T R L T R L T R L T R 1 1 < 0 N 150 300 30 .95 .95 .95 0 1.10 i 1 1 < 0 N 50 400 150 .95 .95 .95 0 1.10 ' 1 1 < 0 40 100 20 .95 .95 .95 0 1.10 1.10 1.10 1 1 < 0 100 120 40 .95 .95 .95 0 1.10 1.10 1.10 Adjustment Factors Vehicle Critical Follow-up Maneuver ------------------------------- - Gap (tg) Time (tf) - --- Left Turn Major Road ---------------- 5.00 -------------- 2.10 Right Turn Minor Road 5.50 2.60 Through Traffic Minor Road 6.00 3.30 Left Turn Minor Road 6.50 3.40 r HCS: Unsignalized Intersections Release Z.lc 9980.HC0 Page 2 Worksheet for TWSC Intersection -------------------------------------------------- Step 1: RT from Minor Street NB SB Conflicting Flows: (vph) 332 500 Potential Capacity: (pcph) 940 773 Movement Capacity: (pcph) 940 773 Prob. of Queue-Free State: ------------------------ 0.98 0.94 ------- Step 2: LT from Major Street ---------------------- ------- ------------- WB ----- EB --------- Conflicting Flows: (vph) ------- ------------- 348 ----- 579 Potential Capacity: (pcph) 1170 908 Movement Capacity: (pcph) 1170 908 Prob. of Queue-Free State: -------------------------- 0.95 0.81 ----- Step 3: TH from Minor Street -------------------- ------- -------------- NB ---- SB ----------- Conflicting Flows: (vph) ------- -------------- 1122 ---- 1059 Potential Capacity: (pcph) 281 303 Capacity Adjustment Factor _ due to Impeding Movements 0.77 0.77 Movement Capacity: (pcph) 216 233 Prob. of Queue-Free State: --------------------------- 0.46 0.40 ---- "' Step 4: LT from Minor Street -------------------- ------- -------------- NB ---- SB ----------- Conflicting Flows: (vph) ------- -------------- 1127 ---- 1106 - Potential Capacity: (pcph) 236 242 Major LT, Minor TH Impedance Factor: 0.31 0.36 Adjusted Impedance Factor: 0.44 0.48 Capacity Adjustment Factor due to Impeding Movements 0.42 0.47 Movement Capacity: (pcph) 98 114 Intersection Performance Summary Avg . 95 0 Flow Move Shared Total Queue Approach r Rate Cap Cap Delay Length LOS Delay Movement (pcph) (pcph) (pcph) -------- ------ ------ ------ (sec/veh} (veh) ----- (sec/veh) NB L 46 98 -- 65.7 ------- ---- 1.7 F - --------- NB T 116 216 > 40.1 NB R 23 940 > 248 31.6 2.9 E r, SB L 116 114 155.8 5.5 F SB T 139 233 > 81.0 SB R 46 773 > 282 34.2 3.9 E EB L 174 908 4.9 0.8 A 1.5 WB L 58 1170 3.2 0.0 A 0.3 Intersection Delay = 18.9 sec/veh 4 ¢ ~ u~ ~k. ,--1 -'~ HCS: Unsignalized InL,:rsections Release 2.1c 99~`O.HCO Page 1 Center For Microcomputers In Transportation University of Florida 512 Weil Hall Gainesville, FL 32611-2083 Ph: (904) 392-0378 ----------------------------------------------------------------------- Streets: (N-S} EAGLE ROAD (E-W) VICTORY ROAD Major Street Direction.... NS Length of Time Analyzed... 15 (min) Analyst ................... P. DOBIE Date of Analysis.......... 8/7/0 Other Information.........YR. 2005 WITH SITE TRAFFIC Two-way Stop-controlled Intersection Northbound Southbound Eastbound westbound L T R L T R L T R L T R No. Lanes Stop/Yield Volumes PHF Grade MC's ( o) SU/RV's (o) CV's (%) PCE's 1 1 < 0 N 50 300 50 .95 .95 .95 0 1.10 1 1 < 0 N 100 500 100 .95 .95 .95 0 1.10 ~, Adjustment Factors 1 1 < 0 100 350 50 .95 .95 .95 0 1.10 i.10 1.10 1 1 < 0 j 50 350 150 .95 .95 .95 0 1.10 1.10 1.10 vehicle Critical Follow-up Maneuver -------------------------------- Gap (tg) - - Time (tf) Left Turn Major Road -- ---------------- 5.00 -------------- 2.10 Right Turn Minor Road 5.50 2.60 '- Through Traffic Minor Road 6.00 3.30 Left Turn Minor Road 6.50 3.40 HCS: Unsignalized Intersections Release 2.1c 9980.HC0 Page 2 Worksheet for TWSC Intersection ----------------------------------------------------- Step l: RT from Minor Street WB EB Conflicting Flows: (vph) 342 578 Potential Capacity: (pcph) 929 705 Movement Capacity: (pcph) 929 705 Prob. of Queue-Free State: ------------------------ 0.81 0.92 --------- Step 2: LT from Major Street -------------------- -------------- SB --------- NB ------------- Conflicting Flows: (vph) -------------- 369 --------- 631 Potential Capacity: (pcph) 1144 858 Movement Capacity: (pcph) 1144 858 Prob. of Queue-Free State: -------------------------- 0.90 0.93 ------- Step 3: TH from Minor Street ------------------- --------------- WB -------- EB --------------- Conflicting Flows: (vph) -------------- 1132 -------- 1106 Potential Capacity: (pcph) 278 287 Capacity Adjustment Factor due to Impeding Movements 0.84 0.84 Movement Capacity: (pcph) 233 240 Prob. of Queue-Free State: ------------------------ 0.00 0.00 ---------- Step 4: LT from Minor Street ------------------ -------------- WB -------- EB ---------------- Conflicting Flows: (vph) -------------- 1290 -------- 1342 Potential Capacity: (pcph) 190 177 Major LT, Minor TH Impedance Factor: 0.00 0.00 Adjusted Impedance Factor: 0.00 0.00 Capacity Adjustment Factor due to Impeding Movements 0.00 0.00 Movement Capacity: (pcph) ---------------------------------- 0 -------------- 0 -------- Intersection Performance Summary Flow _ Rate Movement -------- (pcph) ------ EB L 116 - EB T 405 EB R 58 s WB L 58 WB T 405 WB R 174 NB L 58 SB L 116 Avg. 950 Move Shared Total Queue Approach Cap Cap Delay Length LOS Delay (pcph) ------ (pcph) ------ (sec/veh) ------- (veh) ------- ----- (sec/veh) 0 * * g --------- 240 > 705 > 262 388.2 28.3 F 0 * * F 233 > 929 > 301 451.1 37.6 F 858 4.5 0.1 A 0.6 1144 3.5 0.3 A 0.5 Intersection Delay = y ~ /~~, /~ . acFss~. ~c~~;,io i9~~~o << r,~~ ~~~ ~9 RECORRED-R£ ST OF Fc.EQC ,Q~~j~c~ 9810~3~5g AMERICAN LAND TITLE CO. DECLARATION OF COVENANTS. CONDITIONS AND RESTRICTIONS FOR SHERBROOKE HOLLOWS SUBDIVISION THIS MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR SHERBROOKE HOLLOWS SUBDIVISION is made effective as of the ~ day of oV~ 2, 1998, by Gem Park II, an Idaho General Partnership ("Grantor" and "Class B Member"). It TABLE OF CONTENTS Pa e ARTICLE I: RECITALS ................................................................. 1.1 Property Covered ...................................................... 1.2 Residential Development ............................................... . 1.3 Purpose of Declaration ................................................ . ARTICLE II: DECLARATION ............................................................ 1 ARTICLE III: DEFINITIONS ............................................................. 1 3.1 "Architectural Committee" ... ........................................... 1 3.2 "Articles" ................. ........................................... 1 3.3 "Assessments" ............. ........................................... 1 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 "Association" .............. ........................................... 2 3.15 "Member" ................ ........................................... 2 3.16 "Owner" ................. ........................................... 2 3.17 "Person" ................. ........................................... 2 3.18 "Plat" .................... ........................................... 2 3.19 "Property" ................ ........................................... 3 3.20 "Ridenbaugh Canal" ........ ........................................... 3 3.21 "Regular Assessment" ....... ........................................... 3 3.22 "Special Assessment" ........ ........................................... 3 3.23 "Supplemental Declaration" .. ........................................... 3 3.24 "Sherbrooke Hollows Common Area" ...................................... 3 3.25 "Sherbrooke Hollows Subdivision" ........................................ 3 ARTICLE IV: GENERAL AND SPECIFIC RESTRICTIONS ....................................... 3 4.1 Structures -Generally .................................................. 3 4.1.1 Use, Size and Height of Dwelling Structure .......................... 3 4.1.2 Architectural Committee Review .................................. 3 4.1.3 Setbacks and Height ........................................... 4 4.1.4 Accessory Structures ........................................... 4 4.1.5 Driveways ................................................... 4 4.1.6 Mailboxes ................................................... 4 4.1.7 Fencin ..................................................... 4 4.1.8 Li htin ..................................................... 4 4.1.9 Garages ..................................................... 4 4.2 Antennae ............................................................ 4 4.3 Insurance Rates ....................................................... 4 4.4 No Further SLbdivision ................................................. 4 TABLE OF CONTENTS - i ~`a ^`, 4.5 Si ns ............................................................... 5 4.6 Nuisances ........................................................... 5 4.7 Exterior Maintenance; Owner's Obligations .................................. 5 4.8 Grading and Drainage .................................................. 5 4.9 No Hazardous Activities ................................................ 5 4.10 Unsightly Articles ..................................................... 5 4.11 No Temporary Structures ............................................... 6 4.12 No Unscreened Boats, Campers and Other Vehicles ........................... 6 4.13 Sewage Disposal Systems ............................................... 6 4.14 No Mining or Drilling .................................................. 6 4.15 Energy Devices, Outside ................................................ 6 4.16 Vehicles ............................................................. 6 4.17 Animals/Pets ......................................................... 6 4.18 Landscaping .......................................................... 6 4.19 Exemption of Grantor .................................................. 7 4.20 Water Rights Appurtenant to Subdivision Lands ............................... 7 4.21 Commencement of Construction .......................................... 7 4.22 Roof Material ........................................................ 7 ARTICLE V: SHERBROOKE HOLLOWS HOMEOWNERS' ASSOCIATION ......................... 8 5.1 Organization of Sherbrooke Hollows Homeowners' Association .................. 8 5.2 Membership ......................................................... 8 5.3 Voting .............................................................. 8 5.3.1 Class A Members .............................................. 8 5.3.2 Class B Members .............................................. 8 5.4 Board of Directors and Officers ........................................... 8 5.5 Power and Duties of the Association ....................................... 8 5.5.1 Powers ...................................................... 8 5.5.1.1 Assessments ......................................... 9 5.5.1.2 Right of Enforcement ................................... 9 5.5.1.3 Delegation of Powers ................................... 9 5.5.1.4 Association Rules ..................................... 9 5.5.1.5 Emergency Powers ..................................... 9 5.5.1.6 Licenses, Easements and Rights-of-Way ..................... 9 5.5.2 Duties ..................................................... 10 5.5.2.1 Operation and Maintenance of Sherbrooke Hollows Common Area10 5.5.2.2 Reserve Account ..................................... 10 5.5.2.3 Maintenance of Berms, Retaining Walls and Fences .......... 10 5.5.2.4 Taxes and Assessments ................................ 10 5.5.2.5 Water and Other Utilities ............................... 1 1 5.5.2.6 Insurance .......................................... 11 5.5.2.7 Rule Making ........................................ 11 5.5.2.8 Newsletter .......................................... 11 5.5.2.9 Architectural Committee ............................... 12 5.5.2.10 Enforcement of Restrictions and Rules ..................... 12 5.6 Personal Liability ..................................................... 12 5.7 Budgets and Financial Statements ........................................ 12 5.8 Meetings of Association ................................................ 12 ARTICLE VI: LIGHT MAINTENANCE OF STORM WATER FACILITIES .......................... 12 ARTICLE VII: RIGHTS TO COMMON AREAS ............................................. 13 7.1 Use of Sherbrooke Hollows Common Area ................................. 13 TABEE OF CONTENTS - ii 7.2 Designation of Common Area ........................................... 13 7.3 Delegation of Right to Use .............................................. 13 7.4 Damages ........................................................... 13 ARTICLE VIII: PRESSURIZED IRRIGATION ............................................... 13 8.1 Irrigation District Service ............................................... 13 8.2 No Private System .................................................... 13 8.3 Water Master ........................................................ 14 ARTICLE IX: ASSESSMENTS ........................................................... 14 9.1 Covenant to Pav Assessments ............................................ 14 9.1.1 Assessment Constitutes Lien ..................................... 14 9.1.2 Assessment is Personal Obligation ................................ 14 9.2 Regular Assessments .................................................. 14 9.2.1 Purpose of Regular Assessments .................................. 14 9.2.2 Computation of Regular Assessments .............................. 14 9.2.3 Amounts Paid by Owners ...................................... 14 9.3 Special Assessments ................................................... 15 9.3.1 Purpose and Procedure ........................................ 15 9.3.2 Consistent Basis of Assessment ................................... 15 9.4 Limited Assessments .................................................. 15 9.5 Uniform Rate of Assessment ............................................ 15 9.6 Assessment Period .................................................... 15 9.7 Notice and Assessment Due Date ........................................ 15 9.8 Estoppel Certificate ................................................... 15 9.9 Special Notice and Quorum Requirements ................................. 15 ARTICLE X: ENFORCEMENT OF ASSESSMENTS; LIENS ...................................... 16 10.1 Right to Enforce ...................................................... 16 10.2 Assessment Liens ..................................................... 16 10.2.1 Creation ................................................... 16 10.2.2 Claim of Lien ................................................ 16 10.3 Method of Foreclosure ................................................. 16 10.4 Required Notice ..................................................... 16 10.5 Subordination to Certain Trust Deeds ..................................... 17 10.6 Rights of Mortgagees .................................................. 17 ARTICLE XI: INSPECTION OF ASSOCIATION'S BOOKS AND RECORDS ........................ 17 1 1.1 Member's Right of Inspection ........................................... 17 1 1.2 Rules Regarding Inspection of Books and Records ............................ 17 11.3 Director's Rights of Inspection ........................................... 17 ARTICLE XII: ARCHITECTURAL COMMITTEE ............................................. 17 12.1 Creation ............................................................ 17 12.2 Grantor's Right of Appointment .......................................... 18 12.3 Review of Proposed Construction ........................................ 18 12.3.1 Conditions on Approval ........................................ 18 12.3.2 Architectural Committee Rules and Fees ........................... 18 12.3.3 Detailed Plans ............................................... 18 12.3.4 Architectural Committee Decisions ............................... 18 12.4 Meetings of the Architectural Committee ................................... 19 12.5 No Waiver of Future Approvals .......................................... 19 12.6 Compensation of Members ............................................. 19 TABLE OF CONTENTS -iii 12.7 Inspection of Work ................................................... 19 12.8 Non-Liability of Architectural Committee Members ........................... 19 12.9 Variances .......................................................... 20 ARTICLE XIII: EASEMENTS ............................................................ 20 13.1 Easements of Encroachment ............................................. 20 13.2 Easements of Access .................................................. 20 13.3 Drainage and Utility Easements .......................................... 20 13.3.1 Improvement of Drainage and Utility Easement Areas ................. 20 13.4 Rights and Duties Concerning Utility Easements ............................. 21 13.5 Driveway Easements .................................................. 21 13.6 Disputes as to Sharing of Costs ........................................... 21 13.7 General Landscape Easement ............................................ 21 13.8 Overhang Easement ................................................... 21 13.9 Maintenance and Use Easement Between Walls and Lot Lines ................... 21 ARTICLE XIV: MISCELLANEOUS ....................................................... 22 14.1 Term .............................................................. 22 14.2 Amendment ......................................................... 22 14.2.1 By Grantor .................................................. 22 14.2.2 By Owners .................................................. 22 14.2.3 Effect of Amendment .......................................... 22 14.3 Mortgage Protection .................................................. 22 14.4 Notices ............................................................ 22 14.5 Enforcement and Non-Waiver ........................................... 23 14.5.1 Right of Enforcement .......................................... 23 14.5.2 Violations and Nuisances ....................................... 23 14.5.3 Violation of Law ............................................. 23 14.5.4 Remedies Cumulative ......................................... 23 14.5.5 Non-Waiver...... ......................................... 23 14.6 Interpretation ........................................................ 23 14.6.1 Restrictions Construed Together .................................. 23 14.6.2 Restrictions Severable ......................................... 23 14.6.3 Singular Includes Plural ........................................ 23 14.6.4 Captions ................................................... 23 14.7 Successors and Assigns ................................................ 23 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY ............................................. 25 EXHIBIT B LEGAL DESCRIPTION OF SHERBROOKE HOLLOWS COMMON AREA ....................................... 26 TABLE OF CONTENTS - iv ARTICLE I: RECITALS 1.1 Property Covered. The property potentially subject to this Declaration of Covenants, Conditions and Restrictions for Sherbrooke Hollows Subdivision ("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. 1.2 Residential Development. Sherbrooke Hollows 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 filesaG herbrooke 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 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 Declaration. The purpose of this 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 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 Association. Notwithstanding the foregoing, no provision of this Declaration shall be construed as to prevent or limit Grantor's right to complete development of the Property and to construct improvements thereon, nor Grantor's right to maintain model homes, construction, sales or leasing offices or similar facilities on any portion of the Property, including the Common Area or any public right-of-way, nor Grantor's right to post signs incidental to 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. 3.2 "Articles" shall mean the Articles of Incorporation of an Association or other organizational or charter documents of an Association. DECLARATION - 1 F:\APPS\WPDOCS\T Z\WESTPARKISHERBR00\DEC 3.3 "Assessments" shall mean those payments required of Owners, Association Members, including Regular, Special and Limited Assessments of any Association as further defined in this Declaration. 3.4 "Association" shall mean the Association. 3.5 "Association Rules" shall mean those rules and regulations promulgated by the Association governing conduct upon and use of the Property under the jurisdiction or control of the 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 the Association. 3.6 "Board" shall mean the Board of Directors or other governing board or individual, if applicable, of the Association. 3.7 "Building Lot" shall mean one or more lots within the Property 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 Sherbrooke Hollows Common Area, 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 Declaration as it may be amended from time to time. 3.1 1 "Grantor" shall mean Gem Park II, an Idaho general partnership, or its successor in interest, or any person or entity to whom the rights under this Declaration are expressly transferred by Gem Park II 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 Association for corrective action performed pursuant to the provisions of this Declaration or any Supplemental Declaration, including interest thereon as provided in this Declaration or a Supplemental Declaration. 3.14 "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 Declaration or any Supplemental Declaration. Grantor shall have the power, in its discretion, to name the Association the "Sherbrooke Hollows Homeowners' Association, Inc.", or any similar name which fairly reflects its purpose. 3.15 "Member" shall mean each person or entity holding a membership in the Association. 3.16 "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. DECLARATION - 2 F:\APPS\WPDOCS\T Z\WESTPARKISHERBR00\DEC °"~ 3.17 "Person" shall mean any individual, partnership, corporation or other legal entity. 3.18 "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. 3.19 "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. 3.20 "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. 3.21 "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 Association, pursuant to the terms hereof or the terms of this Declaration or a Supplemental Declaration. 3.22 "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 Association pursuant to the provisions of this Declaration or a Supplemental Declaration. 3.23 "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. 3.24 "Sherbrooke Hollows Common Area" shall mean all real property in which the Association holds an interest or which is held or maintained, permanently or temporarily, for the common use, enjoyment and benefit of the entire Sherbrooke Hollows Subdivision and each Owner therein, which real property is legally described in Exhibit B attached hereto and made a part hereof. Sherbrooke Hollows 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 other instrument, or by designating it pursuant to this Declaration or any Supplemental Declaration. Sherbrooke Hollows Common Area may include easement and/or license rights. 3.25 "Sherbrooke Hollows Subdivision" shall mean the Property. 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 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 one thousand five hundred (1,500) square feet of livable space. Livable space shall not include garages, car ports, patios, breezeways, storage rooms, porches or similar structures. Two story and multi-level dwelling units or structures shall have a minimum of one thousand seven hundred fifty (1,750) square feet of livable space. 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 DECLARATION - 3 F:\APPS\WPDOCS\T Z\WESTPARK\SHERBROO\DEC 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 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 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 Height. No residential or other structure shall be placed nearer to the Building Lot lines or built higher than permitted by the Plat 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 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 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 unless approved in advance. 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 wal I. 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 and shall be incompliance with applicable Meridian City ordinances. 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. DECLARATION - 4 F:WPPS\WPDOCS\T Z\WESTPARK\SHERBROO\DEC i"1, 4.1.9 Gara es. Each dwelling unit shall have an attached or detached fully enclosed garage adequate for a minimum of two (2), and a maximum of five (5) standard size automobiles. No carports shall be allowed. 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 Signs. 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 Sherbrooke Hollows 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 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 Association), flashing lights or search lights, shall be located, used or placed on the Property without the prior written approval of the 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 the Associations' responsibility to maintain, the Board of the Association, upon fifteen (15) 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 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 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 DECLARATION - 5 F:WPPS\WPDOCS\T Z\WESTPARK~SHERBROO\DEC ~ '~' 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 Grading and Drainage. A site plan indicating the proposed grading and drainage of a Lot must be approved by the ACC before any construction is initiated. Lot grading shall be kept to a minimum and Buildings are to be located for preservation of the existing grade(s). Builder is expressly responsible to ensure proper drainage and run off from said Building Lot. 4.9 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. 4.10 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. 4.11 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. 4.12 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. 4.13 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 Meridian City Sewer System and pay all charges assessed therefor. 4.14 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. 4.15 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. 4.16 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 Sherbrooke Hollows Subdivision. No on-street parking shall be permitted except DECLARATION - 6 F:\APPS\WPDOCS\T Z\WESTPARK\SHERBROO\DEC 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. 4.17 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 4.17 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 Sherbrooke Hollows Subdivision shall be kept on a leash, curbed, and otherwise controlled at all times when such animal is off the 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. 4.18 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 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, 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 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. The initial landscaping shall include, as a minimum, sod in the front and side yards, sod or grass seeded in the rear yards, two (2) flowering trees of at least two inch (2") caliper or one (1) pine tree at least six feet (6') in height and one (1) flowering tree of at least two inch (2") caliper in the front yard, three (3)-five (5) gallon plants and five (5)-one (1) gallon shrubs in the front yard. The use of berms and sculptured planting areas are encouraged. 4.19 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 DECLARATION - 7 F:\APPS\WPDOCS\T Z\WESTPARK\SHERBROO\DEC 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. ~o b~ ,nto ~ th 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. 4.20 Water Rights Appurtenant to Subdivision Lands. Within 120 days of the date of the recording of this Declaration, Grantor shall transfer from the Property subject to this Declaration, and within 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 Association. 4.21 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 incompliance 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 4.21, shall require actual physical construction activities upon such dwelling structure upon such Building Lot. 4.22 Roof Material. Roofs shall be finished with twenty-five (25) year architectural style shingles to be Weathered Wood in color, or other color that may be approved in advance by the Architectural Control Committee. ARTICLE V: SHERBROOKE HOLLOWS HOMEOWNERS' ASSOCIATION 5.1 Organization of Sherbrooke Hollows Homeowners' Association. Sherbrooke Hollows Homeowners' Association, Inc. ("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 Declaration. Neither the Articles nor the Bylaws shall be amended or otherwise changed or interpreted so as to be inconsistent with this 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 Association and no Owner shall have more than one membership in the Association. Memberships in the Association shall be appurtenant to the Building Lot or other portion of the Property owned by such Owner. The memberships in the 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 Association. 5.3 Votin .Voting in the 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 Association shall have two (2) classes of Members as described below. DECLARATION - 8 F:\APPS\WPDOCS\T Z\WESTPARKISHERBR00\DEC ~'\ ~"'~ 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 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 Association deems reasonable. The Association may govern the use of the Common Areas, including but 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 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 Declaration. In the event of any conflict between such Association Rules and any other provisions of this Declaration, or the Articles or Bylaws, the provisions of the Association Rules shall be deemed to be superseded by the provisions of this Declaration, the Articles or the Bylaws to the extent of any such inconsistency. 5.5.1.5 Emergency Powers. The power, exercised by the 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 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 Association. 5.5.1.6 Licenses, Easements and Rights-of-Way. 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 or quasi-public purpose including, but not limited to, bicycle pathways. DECLARATION - 10 F:WPPS\WPDOCS\T Z\WESTPARK\SHERBROO\DEC -~"1 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 Sherbrooke Hollows Common Area. 5.5.2.6.2 Comprehensive public liability insurance insuring the Board, the Association, the Grantor and the individual grantees and agents and employees of each of the foregoing against any liability incident to the ownership and/or use of Sherbrooke Hollows 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 Association functions or to insure the Association against any loss from malfeasance or dishonesty of any employee or other person charged with the management or possession of any Association funds or other property. 5.5.2.6.5 The Association shall be deemed trustee of the interests of all Owners in connection with any insurance proceeds paid to the Association under such policies, and shall have full 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 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 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 Declaration. 5.5.2.10 Enforcement of Restrictions and Rules. Perform such other acts, whether or not expressly authorized by this Declaration, as may be reasonably advisable or necessary to enforce any of the provisions of the Declaration, or of the Articles or DECLARATION - 12 f:WPPS\WPDOCS\T Z\WESTPARK~SHERBROO\DEC 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 Association, or any officer of the Association, or the Grantor, or the manager, if any, shall be personally liable to any Owner, or to any other party, including the Association, for any damage, loss or prejudice suffered or claimed on the account of any act, omission, error or negligence of the Association, the Board, the manager, if any, or any other representative or employee of the Association, the Grantor, or the Architectural Committee, or any other committee, or any officer of the 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. 5.7 Budgets and Financial Statements. Financial statements for the Association shall be prepared regularly and copies shall be distributed to each Member of the 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 Association shall cause to be prepared and delivered to each Owner, a balance sheet as of the last day of the Association's fiscal year and annual operating statements reflecting the income and expenditures of the 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 Association. Each year the 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 Association meetings, and all other persons may be excluded. Notice for all 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: LIGHT MAINTENANCE OF STORM WATER FACILITIES Operation and maintenance of the storm water facilities at Sherbrooke Hollows Subdivision shall be governed by the operation and maintenance manual of storm drainage system in Sherbrooke Hollows Subdivision prepared by Briggs Engineering, Inc. in June, 1998, which manual may be modified from time to time at the direction of the Board of the Association. DECLARATION - 13 F:WPPS\WPDOCS\T Z\WESTPARK~SHERBROO\DEC 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 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 B 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 Owrier 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 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 Association shall be elected in accordance with the provisions set forth in the Association Bylaws. 5.5 Power and Duties of the Association. 5.5.1 Powers. The 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 Declaration. The Association shall have the power to do any and all lawful things which may be authorized, required or permitted to be done by the Association under Idaho law and under this 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 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 Declaration. An Association set up fee of $200.00 and a site clean up fee of $150.00 shall be charged upon the closing of each Building Lot. The initial annual association fee shall be $100.00 per year, which amount is subject to change by the Board of Directors of the Association. 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 Declaration or the Articles or the Bylaws, including the Association Rules adopted pursuant to this Declaration, and to enforce by injunction or otherwise, all provisions hereof. DECLARATION - 9 F:\APPS\WPDOCS\T Z\WESTPARK\SHERBROO\DEC ARTICLE VII: RIGHTS TO COMMON AREAS 7.1 Use of Sherbrooke Hollows Common Area. Every Owner shall have a right to use each parcel of Sherbrooke Hollows Common Area, 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 the Association 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 the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority or utility for such purposes and subject to such conditions as may be 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 Sherbrooke Hollows Common Area in the Declaration, Supplemental Declarations and/or recorded Plats, deeds or other instruments and/or as otherwise provided herein. 7.3 Dele>;ation of Ril;ht to Use. Any Owner may delegate, in accordance with the respective Bylaws and Association Rules of the Association, such Owner's right of enjoyment to the Sherbrooke Hollows 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 the Association shall have the right to delegate the right of enjoyment to the Sherbrooke Hollows 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 Dama>;es. 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 Irri>ation 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. DECLARATION - 14 F:WPPS\W PDOCS\T_Z\WESTPARKISHERBR00\DEC 8.2 No Private Svstem. 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 elector 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 Sherbrooke Hollows Subdivision. ARTICLE IX: ASSESSMENTS 9.1 Covenant to Pay Assessments. By acceptance of a deed to any property in Sherbrooke Hollows Subdivision, each Owner of such property hereby covenants and agrees to pay when due all Assessments or charges made by the Association, including all Regular, Special and Limited Assessments and charges made against such Owner pursuant to the provisions of this 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 Re>;ular Assessments. The proceeds from Regular Assessments are to be used to pay for all costs and expenses incurred by the Association, including legal and attorneys fees and other professional fees, for the conduct of its affairs, including without limitation the costs and 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 Sherbrooke Hollows Subdivision for the purposes of the 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 the 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, DECLARATION - 15 F:WPPS\WPDOCS\T_Z\WESTPARKISHERBR00\DEC 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 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. 9.3 Special Assessments. 9.3.1 Puroose and Procedure. In the event that the Board of the 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 the Association shall be levied and paid upon the same basis as that prescribed for the levying and payment of Regular Assessments for such Association. 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 Sherbrooke Hollows 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 installment that is not paid within thirty (30) days after the due date shall accrue a late fee of $25.00. The Association may bring an action against the delinquent Owner and may foreclose the lien against such Owner's Building Lot as more fully provided herein. 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. DECLARATION - 16 F:WPPS\W PDOCS\T_Z\WESTPARK\SHERB ROO\DEC ~ ~ 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 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 the 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%) 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 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 Declaration and agrees to the enforcement of all Assessments in the manner herein specified. In the event an attorney or attorneys are employed for the collection of any Assessment, whether by suitor otherwise, or to enforce compliance with or specific performance of the terms and conditions of this 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 Creation. 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 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 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 DECLARATION - 17 F:WPPS\W PDOCS\T_Z\WESTPARK~SHERBROO\DEC 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 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 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 Declaration. 10.6 Rights of Mortgagees. Notwithstanding any other provision of this Declaration, no amendment of this Declaration shall operate to defeat the rights of the Beneficiary under any deed of trust upon a Building Lot made in good faith 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 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 the 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 the Association. 1 1.2 Rules Regarding Inspection of Books and Records. The Board shall establish reasonable rules with respect to: DECLARATION - 18 F:WPPS\W PDOCS\T_Z\WESTPARK\SHERB ROO\DEC 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. 11.2.3 Payment of the cost of reproducing copies of documents requested pursuant to this Article XI. 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 Sherbrooke Hollows 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 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 Architectural Committee. At all other times, the 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 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 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 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 the 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 the Association for the maintenance thereof, and/or upon the agreement of the Applicant to reimburse the Association for the cost of maintenance, and may require submission of additional plans and specifications or other information before approving or disapproving material submitted. DECLARATION - 19 F: W PPS\W PDOCS\T_Z\WESTPARK~S H ERB ROO\DEC r. 12.3.2 Architectural Committee Rules and Fees. 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 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 Committee. 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: DECLARATION - 20 F:\APPS\WPDOCS\T Z\WESTPARK~SHERBROO\DEC ~ r-~ 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 Association, upon demand, for all expenses incurred in connection therewith. If such expenses are not promptly repaid by the Owner to the Association, the Board shall levy a Limited Assessment against such Owner for reimbursement pursuant to this 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. 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 the 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 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 Declaration shall be deemed to have occurred with respect to the matter for which the variance was granted. The granting of such a variance shall not operate to waive any of the terms and provisions of this Declaration for any purpose except as to the particular 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 DECLARATION - 21 F:WPPS\WPDOCS\T Z\WESTPARK`SHERBROO\DEC n n 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. 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 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. 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 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 Sherbrooke Hollows 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, 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 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: DECLARATION - 22 F:\APPS\WPDOCS\T Z\WESTPARK~SHERBROO\DEC 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. 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 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 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 Declaration shall run until December 31, 2018, unless amended as herein provided. After December 31, 2018, such covenants, conditions and restrictions shall be automatically DECLARATION - 23 F:WPPS\WPDOCS\T Z\WESTPARK\SHERBROO\DEC ~ ~ 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 Association and such written instrument is recorded with the Ada County Recorder. Further provided that the 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 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 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 Declaration, the provisions of this Declaration, other than this Article XIV, any amendment shall be by an instrument in writing signed and acknowledged by the president and secretary of the Association certifying and attesting that such amendment has been approved by the vote or written consent of Owners representing more than fifty percent (50%) of the votes in the 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 Association. 14.2.3 Effect of Amendment. Any amendment of this 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. Notwithstanding any other provision of this Declaration, no amendment of this 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 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 Association for the purpose of service of such notice, or to the residence of such person if no address has been given to the Association. Such address may be changed from time to time by notice in writing to the 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 an;~ Building Lot shall have the right to enforce any or all of the provisions hereof against any property within the Property and Owners thereof. DECLARATION - 24 F:WPPS\WPDOCS\T Z\WESTPARKISHERBR00\DEC 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 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 Declaration and subject to any or all of the enforcement procedures set forth in this 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. 14.6 Interpretation. The provisions of this Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the development and operation of the Property. This 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 Declaration. 14.6.2 Restrictions Severable. Notwithstanding the provisions of the foregoing paragraph 14.6.1, each of the provisions of this 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 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. DECLARATION - 25 F:WPPS\WPDOCS\T Z\WESTPARK~SHERBROO\DEC n r1 IN WITNESS WHEREOF, Grantor has set its hand this ~ l~'day of 1~~ , ~ rr~~~ , 1998• GEM PARK II, an Idaho general partnership By: The Westpark Company, General Partner By: STATE OF IDAHO ) ss. County of Ada ) President On this ~ day of npvi'r~-~b~~ , 1998, 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 THE WESTPARK COMPANY, INC., the General Partner of GEM PARK II, the partnership that executed the instrument or the person who executed the instrument on behalf of said partnership, and acknowledged to me that such partnership 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. , ~v, SAYRB ~ ~~~~ ~} wRY i~•~' Notary Public for Idah p }O~ ~ :Residing at K~^~` ~Z~-lcs~p ~' ,~G My commission expires: I, -~9 -~.UG~--~ ~ pVeti O ~rA TB ~~ DECLARATION - 26 F:WPPS\WPDOCS\T 21WESTPARK\SHERBROO\DEC EXHIBIT A LEGAL DESCRIPTION OF PROPERTY DECLARATION - 27 F:WPPS\WPDOCS\T_Z\WESTPARK~SHERBROO\DEC .-. 9ESCRIP7IQN FQR SHERBRtJOKE HOLLQWS SUEDIVISIONS ALL PHASES October 21, 1998 ~xx~s~T~ A parcel of land being a portion of the SW'/. of Section 20, Township 3 North, Range 1 ,,,~a.St,_.Baise Meridian, Ada County, Idaho, said parcel being more particularly described as follows Beginning at the SW corner of Section 20, T. 3N., R. 1 E., B.M. thence S 89°34'22" E 951.40 feet along the southarty boundary line of the SW'/. of the SU!'J, of said Section 20 to a point on the centerline of the Eight Mile Lateral, the REAL POINT OF BEGINNING of this description; Along the centerline of the Eight Mile Lateral the following: Thence N 03°04'10" W 319,40 feet to a point; Thence along a curve to the left 155.25 feet, said curve having a delta angle of 74°07'4?_", radius of 120.00 feet, tangents of 90.64 feet, and a long chord bearing N 40°08'01" W 144.65 feet to a point; . Thence N 77°1 ~'S2" W 523.60 feet to a point; Leaving the centerline of the Eight Mile Lateral; Theme S 89°22'1a" W 323,49 feet to a point on the west boundary of the SW 114 of said Section 20; Thence N 00°44'50" E 792.41 feet along the west boundary of the SW 1!4 of said Section 20 to the northwest corner of the S % of the SW 1/G of said Section 20; Thence S 89°49'1 i" E 2228.96 Feet along the north boundary of the S'/~ of said Section 20 to a point on the centerline of the Ridenbaugh Canal; Thence along the centerline of the Ridenbaugh Canal the following: Thence S 20°43'18" E 1 11.74 feet to a point; Thence along a curve to the left 168.45 feet, said curve having a radius of 750.00 feet, Page 1 of 2 .•., central angle of 12°52'06", tangents of 64.58 feet, and a chord of 168.09 feet which • bears S 27°09'21" E to a point; Thence S 33°35',24" E 233.60 feet to a point; Thence S 52°Z2'Z4" ~ 44.13 feet to a poinl; Leaving said centerline of the Ridenbaugh Canal; Thence S 00°25'48" W 206.35 feet to a point; Thence N 89°34'12" W 536.36 feet to a point; Thence S 00°34'22" W 657.15 feet to a paint on the southerly baundary line of the SW 1. of slid Section 20; Thence N 89°34'12" W 640.00 feet to the SE corner of the SW '/. of the SW Y. of said Section 20; Thence N 89°34'22" W 388.90 feet along the southerly boundary line of the SW %4 of the SW Y, of said Section 20 to the REAL POINT OF BEGINNING of this subdivision, said parcel containing 56.42 acres, more or less. Wayne K. Barber, f~l_S No. 8444 Page 2 of 2 EXHIBIT "B" .~"'~ LEGAL DESCRIPTION OF SHERBROOKE HOLLOWS COMMON AREA LOT 1 IN BLOCK 1, LOT 2 IN BLOCK 2, LOT 4 IN BLOCK 3, LOT 10 IN BLOCK 4, AND LOT 1 IN BLOCK 7, OF SHERBROOKE HOLLOWS NO. 1 SUBDIVISION ACCORDING TO THE OFFICIAL PLAT THEREOF AS FILED IN BOOK 77 OF PLATS AT PAGES 8044-8045, OFFICIAL RECORDS OF ADA COUNTY, IDAHO. IN WITNESS WHEREOF, I have hereunto placed my official hand and seal the day and year in this Certificate first above written. Nunn may`' b ~~~ ra'~ Notary Public for Idaho ~ ~ 1 ~ c Residing at o~ ~ f~~ ~ ~h My Commission expires on r~~kU '~ ~ R~~^9 M IH MN ~--misskn ~ $ ,~ -d12~ 2 ROBERT L. ALDRIDGE, CHARTERED Attorney at Law 1209 North Eighth Street Boise, Idaho 93702-4297 Telephone: (208) 336-9880 Fax: (208) 336-9882 WARRANTY DEED GRANTOR: Wanner-Buckner Partnership, an Idaho general partnership, 4225 South Riva Ridge Way, Boise, Idaho 83709 GRANTEE: Kenai Partners LLC, an Idaho limited liability company PROPERTY DESCRIPTION: See attached. FOR VALUE RECEIVED, Grantor does hereby grant, bargain, sell, and convey unto the Grantee the above described property; TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, and Grantee's heirs and assigns forever. Grantor does covenant to and with the said Grantee that Grantor is the owner in fee simple of said premises; that said premises are free from all encumbrances and that Grantor will warrant and defend the same from all lawful claims whatsoever. DATED August 25, 1999. Wanner-Buckner Partnership ~~~ ~ ~ alt Wanner, Managing Partner STATE OF IDAHO ) ss. COUNTY OF ADA ) On this August 25, 1999, before me, a Notary Public in a:r;d for said State, personally appeared Walt Wanner, known or identified to me to be the Managing Partner of Wanner- Buckner Partnership and to be the person whose name is attached to the foregoing instrument and acknowledged to me that said partnership executed the same. 1 s~ ~ A PARCEL I A parcel of land situated in the Northwest quarter of Section 29, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being all of the South half of the Northwest quarter and a portion of the Northwest quarter of the Northwest quarter of said Section 29, as shown in Record of Survey No. 2464, as on file in the Office of the Recorder for Ada County, Idaho, and more particularly described as follows: Commencing at the Northwest corner of said Section 29, a point marked by a 5/8" iron pin; thence along the West line of said Section 29 South 0°00'24" East 1322.89 feet to the POINT OF BEGINNING, said point being the Southwest corner of the Northwest quarter of the Northwest quarter of said Section 29 marked by a 5/8" iron pin; thence along the South line of the said Northwest quarter of the Northwest quarter South 89°50'51" East 520.48 feet to a point marked by a 5/8" iron pin; thence leaving the said South line of the Northwest quarter of the Northwest quarter' North 51°43'15" East 87.93 feet to a point marked by a 5/8" iron pin; thence North 46°15'38" West 150.80 feet to a point marked by a 5/8" iron pin; thence North 17°46'39" East 385.83 feet (formerly North 17°47' West) to a point marked by a 5/8" iron pin; thence South 73°02'34" East 775.45 feet (formerly South 73°04' East) to a point marked by a 5/8" iron pin, said point being on the East line of the Northwest quarter of the Northwest quarter of said Section 29; thence along the East line of the Northwest quarter of the Northwest quarter of said Section 29 South 0°00'01" West 302.16 feet to a point marked by a 5/8" iron pin, said point being the Southeast corner of the Northwest quarter of the Northwest. quarter of said Section 29; thence along the North line of the South half of the Northwest of said Section 29 South 89°50'51" East 1340.19 feet to a point marked by iron pin, said point being the Northeast corner of the of the Northwest quarter of said Section 29; thence along the East line of the South half of the Northwest said Section 29 South 0°00'41" West 1321.50 feet to a point marked by a pin, said point being the Southeast corner of. the South the Northwest quarter of said Section 29; thence along the South line of the South half of the Northwest of said Section 29 quarter a 5/8" South half quarter of 5/8" iron half of quarter North 89°52'37" West 2679.86 feet to a point marked by a brass cap, said point being the Southwest corner of the Northwest quarter of said Section 29; thence along the West line of said Section 29 North 0°00'24" West 1322.89 feet to the POINT OF BEGINNING. ., ,.~• EXCEP'I~~~G T~ ~ °~@M _., ~{> A parcel of land consisting of the lands conveyed to the United States of America in the deeds filed in Book 82 of Deeds at Page 281, Instrument No. 27944, and in Book 83 of Deeds at Page 318, Instrument No. 29116, in the Office of the Recorder of Ada County, Idaho, as shown on Record of Survey No. 2464 filed in the said Office of the Recorder for Ada County, said parcel being situated in the Southeast quarter of the~Northwest quarter of Section 29, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at the Northwest corner of said Section 29, a point marked by a 5/8" iron pin; thence along the West line of said Section~29 South 0°00'24" East 1322.89 feet to the Northwest corner of the Southwest quarter of the Northwest quarter of said Section 29, a point marked by a 5/8" iron pin; thence along the North boundary of the said Southwest quarter of the Northwest quarter South 89°50'51" East 1340.0 feet to the Northwest corner of the said Southeast quarter of the Northwest quarter of Section 29, a point marked by a 5/8" iron pin; thence along'the North boundary of the said Southeast quarter of the Northwest quarter South 89°50'51" East (formerly East) 181.90 feet to the POINT OF BEGINNING; thence leaving the said North boundary South 33°18'51" East (formerly South 33°28' East) 51.20 feet to a point; thence South 1°38'09" West (formerly South 1°29' West) 342.80 feet to a point; thence South 12°09'51" East (formerly South 12°19' East) 361.80 feet to a point; thence South 25°15'51" East (formerly South 25°25' East) 243.20 feet to a point; thence South 45°30'51" East (formerly South 45°40' East) 245.90 feet to a point; thence South 10°00'51" East (formerly South 10°10' East) 47.78 feet to a point; thence South 67°47'37" East (formerly South 67°55' East) 215.19 feet to a point; thence North 73°27'23" East (formerly North 73°20' East) 191.70 feet to (Continued) a point; thence South~23°27'37" East 129.38 feet (formerly South 23°35' East 129.3 feet) to a point on the South boundary of the said Southeast quarter of the Northwest quarter; thence along the said South boundary North 89°52'37" West 65.45 feet (formerly West 65.5 feet) to a point; thence leaving the said South boundary North 23°27'37" West (formerly North 23°35' West) 50.00 feet to a point; thence South 73°27'23" West (formerly South 73°20' West) 159.70 feet to a point; thence North 67°47'37" West (formerly North 67°55' West) 198.44 feet to a point; thence South 10°00'51" East (formerly South 10°10' East) 19.74 feet to a point; thence North 89°50'51" West (formerly West) 61.00 feet to a point; thence North 10°00'51" West (formerly North 10°10' West) 46.81 feet to a point; thence North 67°47'37" West (formerly North 67°55' West) 9.59 feet to a point; thence North 10°02'37" West (formerly North 10°10' West) 68.00 feet to a point; thence North 45°30'51" West (formerly North 45°40' West) 223.37 feet to a point; thence North 25°15'51" West (formerly North 25°25' West) 260.80 feet to a point; thence North 12°09'51" West (formerly North 12°19' West) 376.00 feet to a point; thence North 1°38'09" East (formerly North 1°29' East) 331.20 feet to a point; thence North 33°18'51" West 71.93 feet (formerly North 33°28' West 72.00 feet) to a point on the said North boundary of the Southeast quarter of the Northwest quarter; thence along the said North boundary South 89°50'51" East 71.94 feet (formerly East 71.8 feet) to the POINT OF BEGINNING. EXCEPT ditch and road right of ways. PARC~~ ~ 2 A parcel of land situated in the Northeast quarter of the Northwest quarter of Section 29, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Northwest corner of said Section 29, a point marked by a 5/8" iron pin; thence along the West line of said Section 29 South 0°00'24" East 1322.89 feet to a point marked by a 5/8" iron pin, said point being the Southwest corner of the Northwest quarter of the Northwest quarter of said Section 29; thence along the South boundary of the said Northwest quarter of the Northwest quarter South 89°50'51" East 1340.09 feet to a point marked by a 5/8" iron pin, said point being the Southwest corner of the said Northeast quarter of the Northwest quarter which point is also the POINT OF BEGINNING; thence along the West boundary of the said Northeast quarter of the Northwest quarter North 00°00'01" East 302.26 feet to a point; thence leaving the said West boundary of the Northeast quarter of the Northwest quarter South 73°02'34" East 66.31 feet to a point on the centerline of the Eight Mile Lateral; thence along the said centerline South 5°00'43" East 111.17 feet to a a point of curvature; thence continuing Southeasterly 123.47 feet along the arc of a curve to the left having a radius of 250.00 feet, a central angle of 28°17'48" and a long chord which bears South 19°09'37" East 122.22 feet to a point of tangency; thence continuing, South 33°18'31" East 6.10 feet to a point of curvature; thence continuing Southeasterly 49.96 feet along the arc of a curve to the right having a radius of 350.00 feet, a central angle of 8°10'43" and a long chord which bears South 29°13'09" East 49.92 feet to a point on the South boundary of the said Northeast quarter of the Northwest quarter; thence along the said South boundary of the Northeast quarter of the Northwest quarter North 89°50'51" West 146.46 feet to the POINT OF BEGINNING. EXCEPT ditch and road right of ways. •-- A a B I N I N r ~~ ~__ ~. -7~j 3 ~° ~! k i~ I~ 1I ,, ,~ .' i F 2 i-g ~_. e g i e= -9 i° ~.~ i . ¢ ..~ ~ ;- __~ ~\ ~~, i . 'i ~- 1 O ~~ `~~~ ~V~ !~ ! ~jl ~ ! ~ ~~ ni /~ ,,''ii ~ fi ! I ~ ~~ II , I _' ~ ~ ~~ __ ' ~,~., ..~. a. - ~«, _ ~~ s -- :.ray. " p-d d ww ihV~e k ~Aw~ ,w, urm wr s, ,m nr~ ae= tl,e ~ asw row , ~~a k ie=.s a V~ ws x io ~ooa r NOSUIQSpS S~rI ENrJS/LL ivv •rw,r,nw W k ~ _ , ~ i ~ w i ~ ~ ~~ .. ~~ $ ~'~~ ~ ~ ~ h 1 4 ~ ' ~ ~ ~ ~ ~~ ~ ~ ~~~ 3~ as Y~~~ $~ ~~ .ys ~ ~ ~ ~ ~ ~ _ ~ ~ 21y5=~ ~ g ° ~ g d€o~iaa "' ~ 3 yet .. ~~.. gY ~~ p ~ ~~ ~ ~~ _ Y ~ g 4 g E -~.<Mr~ N I N • a ^ ii ^ ^ '~ ~~ i _ \~ ~ _. 1"~ ~ a " ~ ~ .1 ~ 1' 1 8 "1 _ .. ~~ ! ~ ~ ~#~~ ~ ~~~ ~ 1 I ~ ~i III Illlii~#$~~~~~1~1~ n z oa N O O z 5 ~C~I~ ~ ~ a 1AN 2 6 2~~t ~ City of Meridian City Clerk Ogtice PRE Sad I ~,r~~ P - b - II _ ~ ~ ~,~f ~ srm z~az ~ otb~o 0N1~~6A1`J ~~~ lfwrfr^ war _ -L ' ~ ~ ~ ~~t4cs i ~dC d - ° \~ y g e C e - I : i tl ~~; `~, '3~ 3P d ~~ la. ~~ y i p `~\ o I k ~ ~ ~ la I cf ~ ~ V / ~~f ?~ ~ it I' I 5~~ f 5 s ,~ 5 _ s sf ~ ly v ~ ~' ~ ~ 6 0 `~ 'V'~,` I' .a I ~ ! 0 a E ~ a ~F t tl a y ~~ry. a I nC ~. m fi C C -. a b. a 5 a. tl d a n. a 9 b-* c M - - k E _ w `\ Cf ~~ I ~° - _~~ _ a- a y n- b g r - - - ask S - - !0 6 L u ~ y kqe I~ _ _ ~tl a € a Y y ~+iW~ ~ e f fbflYa 1E1.11' S / _l ~ y s As u ~ a ~ a e ^ / CC ~v - I a q w b t Ok n - YI # _ a a a v _ ~ r I ~ ~ ~ a ~ a s I I a I _ ! - ~ntl I I ~ al I ~ ....~-" _ _ _ YI~I I 1 g I I I III I 1~ I I: I% I I I tl II f ~~ ~~ PP 00-024 June 29, 2001 MERIDIAN CITY COUNCIL MEETING JUIy 3, 2001 ITEM NO. ~ APPLICANT Gem Park II Partnership REQUEST Findings - PP approval of 353 building lots and 39 other lots on 156.21 acres in a proposed R-4 zone for proposed Tuscany Lakes Subdivision - s/o Victory Road and w/o Eagle COMMENTS AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached Findings CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY ~~ ~ ~ CENTRAL DISTRICT HEALTH: / IDIAN IRRIGATION: C~~'~~ NAMPA MER SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: L3~~ Date: ~ p~- ~ j Phone: ~ ~~ Contacted: - ~~'~'~-~-/~il'~f~ i~~ ~ Materials presented at public meetings shall become property of the City of Meridian. .~. -RECEIVED ~~8 2 6 2001 interoffice MEMORANDUM ~~ ~'~ ~~R~~~ To: William G. Berg, Jr. From: Wm. F. Nichols Subject: TUSCANY LAKES SUBDIVISION BY GEM PARK II PARTNERSHIP / PP- 00-024 Date: June 25, 2001 Will: Pursuant to City Council's action at their June 19, 2001, meeting, pertaining to the Annexation and Zoning application by Gem Parlc II Partnership for the proposed Tuscany Lalces Subdivision, and Council's denial thereof, please find attached the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF PRELIMINARY PLAT in Tuscany Lalces Subdivision. This may be presented to the Mayor to obtain his signature onlyafter the City Council takes action adopting the Findings of Fact and Conclusions of Law and Decision and Order of Denial in Case No. AZ-00-023. After you have executed the Findings please present copies to the Applicant, Planning and Zoning, Public Works and the City Attorney. If you have any questions please advise. Z:\Work\M\Meridian\Meridian 15360M\Tuscany Lakes Sub AZ-00-023 PP-00-024 CUP-00- 052\ClerkDenialPP062501 Mem.doc Meridian Planning and Zorring Corrxnisswn Meeting May 3, 20131 Pg. 30 Borup: I'm going to vote Aye. I feel that with the aspect of a Conditional Use Permit it can be reviewed if there's any non-compliance -the Conditional Use can be revoked. TIEBREAKER VOTE: 2 AYES, 1 NAYE, 2 ABSENT Centers: That's why l put 12 on there for Item 13, the maximum of 12. t tried to split the difference with the applicant. Borup: So it's two to one in favor then. !would like to thank everyone for coming. We mentioned earlier there will be another Public Hearing at City Council. Everyone that received would receive a notice again as before. Thank you. Centers: Thank you. Borup: Do we want to take a short break now or move into the next one? We do need one. Five minute break. Item 4. Continued Public Hearing from April 19, 2001: A2 00-023 Request for annexation and zoning of 156.21 acres from RT to R-4 for proposed Tuscany Lakes Subdivision by Gem Park II Partnership -south of Victory Road and west of Eagle Road: Item 5. Continued Public Hearing from April 19, 2001: PP 00-024 Request for Preliminary Plat approval of 353 building tots and 39 other lots on 156.21 acres in a proposed R-4 zone for proposed Tuscany Lakes Subdivision by Gem Park II Partnership --south of Victory Road and west of Eagle Road: Item 6. Continued Public Hearing from April 19, 2001: CUP 00- 052 Request for a Conditional Use Permit to construct a planned residential development in a proposed R-4 zone for proposed Tuscany Lakes Subdivision by Gem Park II Partnership -south of Victory Road and west of Eagle Road: Borup: Okay we would like to reconvene our meeting this evening, Anyone is welcome to continue their discussions out in the foyer, outside. We're reverting back to the original schedule and it wilt be Items 4, 5, and 6 which are Continued Public Hearings from April 19~'. First for the request for annexation and zoning. Can we not have a fight in here please? Mr. Van Hees? The first Item was a request for annexation and zoning for 156 acres R-T to R-4 for Tuscany Lakes. The second was a Preliminary Plat on the same project and third was a Conditional Use Permit for a planned residential development again by the same Meridian Planning and Zoning Commission Meeting May 3, 2001 Pg. 31 Tuscany Lakes Subdivision by Gem Park II Partnership. We continued this item at our last meeting to receive information on three items. One was the water model that the Public Works Department was going to do. The other was we asked for some revisions on the plat and the third was the wetlands issue for asking for a letter from the (inaudible) of engineers. I need to make a break here just in case. I dan't know if anyone's here for the Cell Tower. Was anyone here on the Cell Tower issue? That item has been withdrawn so we didn't want someone to be waiting all night for something that was not going to be on the agenda. Those are the three items so again I would like to begin with the staff report. Siddoway: Chairman Borup, members of the Commission 1 think Mr. Chairman you pretty much covered my staff report. We did have the three outstanding issues. The water, the wetlands getting a complete plat. I will save the water for Bruce. We did receive a letter from the Corp of Engineers regarding the wetlands stating there are wetlands on-site however they are not regulated by the Corp, of Engineers. So they are not protected wetlands except along the Ten Mile Creek specifically but the area that we were concerned with down in the south corner parcel it's not a regulated wetlands area. The complete plat was submitted yesterday, I believe it's stamped May 2n`i. We had not been able to corporate that into the presentation so you stilt see the previous one. My understanding of most of the -the basic layout is exactly the same. This stub into the school shifts down to mid block and the extra distance that was along the Riddenbaugh now has been given to those lots. I have not had a chance to do any detailed review of the plat so I'll let Mr. Brown - I believe they also did the emergency access out to Locust Grove that was asked for. I'll let Mr. Brown cover the changes that were made during his presentation. Site photos -seen them there the general area for anyone in the audience that's not familiar with the project. On the south side of Victory Road from Eagle to Locust Grove touches Thousand Springs Subdivision on the north - '°**End O# Side Three*** Siddoway: -- on the south side of Victory Road from Eagle to Locust Grove south of Thousand Springs. That's all I have. I will turn it over to Bruce for comments on the water model. Freckleton: Thanks Steve. Mr. Chairman, members of the Commission first of all I would like to apologize to Mr. Brown. We had talked at our last meeting about getting this water model done and I had stated that I didn't see any problem getting results and my goal was to try and give him at least a week to review the analysis results. I did not provide tha# to him so I apologize. I got the memorandum from our consultant at 3:30 this afternoon so it did come in pretty late. The analysis did reveal that the City of Meridian's water system is adequate to provide service to the first phases at least to this development.. It's our understanding that the development is going to start on Locust Grove and Meridian Planning and Zoning Commissron Meeting May 3, 2001 Pg. 32 proceed east in six phases before they reach the Riddenbaugh Canal. The analysis was pretty detailed but I'll just kind of summarize that a main extended down Locust Grove from the Sherbrooke Hollows Subdivision and then into Tuscany with a 12-inch line as a backbone can provide the service required in the necessary fire flows. With each phase, as those Final Plats come in, I would propose that we just kind of go back and do a re-check on the model. Mr. Brown had indicated that there expect timeframe is about a three year timeframe for those first six phases before they get to the Riddenbaugh Canal. As you all know a lot of development can happen in three years and there water systems not going to be the same in three years as it is today. I would just propose that with each phase as they come in with their Final Plats we kind of do a re-check and re-evaluate things. At this point in time we do have positive, good results. Thank you. Borup: Thank you. Mr. Brown have you gat any additional comments you would like to make? Go ahead stand up. Brown: Kent Brown, 1800 West Overland Road with Boise, Idaho is the business address. Borup: Would you like to maybe just explain - we have the plat up here but maybe just for the benefit of the plat adjustments tha# you made. Brown: On our north cui-de-sac against Locust Grove, adjacent to Locust Grove staff. Steve particularly had asked that we put in an emergency access. We would expect that that lot would have a deed restriction ar a non-build on it to provide a secondary means of access into that development. That's very typical in dealing with a singular access. Then when we make our connection around the Riddenbaugh Canal and connect back to Victory that we would then remove that temporary access and that would become a buildable lot. Centers: Do you have it in here now? Brown: It's on the drawing yes. It's shown on there at 20-foot temporary, secondary access. I just make note of that. We also moved the entrance to the school down. It seems there - we were willing to work with the school and we were continually willing to move that around. We plopped the school on there but obviously the School District would massage that how best serves them. We've just kind of taken their architectural drawing and plopped it on there. So if they need to move it or they need a second access that best serves for their parking lot and busses we would do that but I think as I recall I told you just for grins 1 would move it down if that would make you fee{ better about it. Then we removed the 20 feet along the east side of the Riddenbaugh and added those footages to the lots. I believe that that's all that you asked for. I did meet on a sunny day with Greg Martinez and we went out and looked at the wetlands area that was in concern. He reiterated that they're concerned about natural streams Meridian Planning and Zoning Corrunission Meeting May 3, 20U1 Pg. 33 which would be Ten Mile and Eight Miie. Eight Mile is a manmade one and they said that's what makes the difference. There was a question about why Butch got in trouble and I would imagine it's because it's along the Boise River that's supposedly a natural stream. So there -any changing of that would constitute (inaudible). Are there any questions? Borup: Thank you. Do we have anyone else who would like to testify on this applica#ion? Yes Mr. Young. Yaung: My name is Rex Yaung I live at 2950 East Victory Road, Meridian. I dan't want to go over a bunch of information we've already discussed but I've got three items - Borup: -- thank you. Young: -- that I wanted to bring up. It's concerning the relocation of the roadway to the west so that it ties in with Brandy's Jewel. Based on the testimony at the last meeting, Mr. Johnson indicated one of the reasons that he was not in#erested in moving that roadway to the west was because of the steep grade or the steep slope there. That property slopes to the south and it also slopes to the west and grade would not be a problem. Another item that was brought up was that the Traffic Engineer, from the way 1 understand it -that the Ada County Highway District said he would approve no location other than the one that was proposed by the developer. The people at Ada County Highway District indicated to me that the Brandys Jewel exit, which I'm suggesting that the exit from this subdivision tie in with met the minimum standards. For a Traffic Engineer to if you will ignore standards set by his organization and say that he isn't going to approve something at a location that meets his standards seems ridiculous to me. The other item that 1 wanted to bring up is, that Mr. Johnson indicated that the policy of Meridian School District and bussing laws that they buss people who are outside of the section involved. I talked with the people at the Buss Transportation Office and they indicated that the Meridian School District bussing policy is that they buss anyone who lives in access of one and one-half mile from the school. Then 1 called the district office to see if I got the same answer from them and I talked with a Mr. Bruce Guestrom and he re- affirmed that policy that the Meridian School District policy is that they buss anyone who is greater than one and one-half miles away. Wi#h that being the case everyone in Thousand Springs is going to be walking to school who uses that school There has got to be provisions made and with the current plan without a road tying in with Brandys Jewel or at least a walkway there and some kind of a traffic control i#'s going to be a very dangerous and untenable situation for the children concern. That's all I have do I have any questions? Borup: Any questions for Mr. Young? Did the School Distric# indicate -did they say that was the only conditions under which they would buss or - Meridian Planning and Zming Ccxrxr~ission Meeting May 3, 2001 Pg. 34 Young: -- no - Borup: -- just over a mile and half they definitely will? Young: They definitely will. Now they went on to indicate tha# they do take a look at individual cases if there are extenuating circumstances that they will look and consider bussing people less than that distance. Their standard policy is one and one-half miles. Borup: Yes and 1 think that's been standard for a long time. !was trying to remember what Mr. Bingham had said when he was here. I and maybe someone else can (inaudible} - I thought he had said that if the traffic warrant says that they do - but l think like you said they look at it on a case-by-case basis. Thank you. Do we have anyone else who would like to testify? De Chambeau: My name is Mary De Chambeau and I reside on the Mortener farm, 2015 East Victory Road. You can tell everyone's pretty discouraged by the amount of attendance you have here tonight to testify but I'm here. What we were concerned about was they did a study on you're talking about the City water but we still have concerns about the flow of the irrigation water. I don't think that's been addressed. I know you gave me that study and the guy said it was okay. When I tried to call him there was no answer, he has no answering machine, I looked it up in the phone book and there was no name of business. I could not get a hold of him because 1 wanted to ask him a few questions because generally how that back part of that property worked was we would ask our neighbors to hold off irrigating until we could get our final crop off. That's how that worked and !just haven't been able to get any response. I want it on record so that if our craps do flood out that someone is going to be held accountable as a concern. 1 don't know if that's been answered by anyone. 1 think we're still in confusion of it. It's hard when you don't get reports until the last minute for us to study them and make a testimony for it. Borup: So you're saying the way it is now the properly that -who was it you were asking to hold off irrigating the Sod farm or someone else? De Chambeau: No the place behind us. That's the way it's always been (inaudible}. Borup: So if they've got a crop on there they can't water their crop you're saying? De Chambeau: They never had a crop on there. That whole pathway was no#hing but pasture. He ran cows on that the whole time I was growing up because - Borup: -- okay that's what I was trying to understand what - Meridian Planning and zoning Commission Meeting May 3, 2001 Pg, 35 De Chambeau: -- so we just asked him not to irriga#e until we got our crop off. Borup: So at this paint there's no - De Chambeau: -- according #o the study - Borup: -- there's no drainage on that property then to -drain (inaudible). De Chambeau: Well I'm just saying I don't know how this is going to work out. This is still -this is zoned agricultural area still. You're asking to annex this and we're still in the process of farming and will continue to farm for a while. That is our major concern and we want to make sure it's on record that - Borup: -- but the way it is right now if that property is irrigated then it runs off onto your properly? De Chambeau: That is correct and I did check with Jim Patterson the person that farms there. 1 do want to make a statement concerning a question that someone (inaudible) to me. They asked if I actually #armed the land. I don't know what that -how to do it. Let me explain that my father has been gone since 1976 and we have had help farming that property since 1976. So this isn't just a recent thing that we've had somebody helping us farming the land we have held onto it all of those years. This is no# an unusual thing for us. Also, I don't know if you're aware, my mother is still living and 1 am representing her in these testimonies. We are abiding by her wishes. This isn't just a bunch of kids that want to make trouble for people. We know that eventually things are going to change in the area but until they do this is still agricultural property. Freckleton: Mr. Chairman. De Chambeau: And f do have a letter to submit from two of my other siblings. Borup: Mr. Freckleton. Freckleton: Mary I understood that the main concern was migrating ground water? De Chambeau: Yes. Freckleton: is there a circus water runoff problem too? De Chambeau: Yes. I did not -yes because I was talking to Jim Patterson about that and he said you need to make that really clear. Fie said who are you going after? Somebody has to be made accountable and you better put it on record. If somebody said it's sprinkling - I don't know. I don't know how this Meridian Planning and Zoning commisswn Meeting Mey 3, 2001 Pg. 36 works f'm not a water expert but I just know in the past when there are no houses {inaudible). That's how it works we're taught that for years. Freckleton: During - Borup: -• go ahead 6ruce I'm sorry. Freckleton: During the design process there is -- and we do require that a Soil Scientist prepare those reports and do the groundwater studies to try and determine what the issues are and how to rectify them. They are licensed professionals. The Licensed Professional Engineer that's with Briggs Engineering, he's going to be putting his stamp on those drawings. They are going to have #o build some cutoff drains like they said in the report that will pick up the migrating ground water. De Chambeau: So this is an engineer that works for Briggs is that correct? Freckleton: No. De Chambeau: That's their own engineer? Freckleton: No, the guy that did the report is with Associated Earth Sciences. De Chambeau: Yes right and 1 tried to get ahold - I couldn't find any information on him. I mean I left Mim a message even though Thad - Freckleton: Yes and perhaps Mr. Brown could get you in contact with him. Between the two of those individuals they are the ones that are responsible to come up with a design that will ensure that that ground water is not a problem. De Chambeau: So I guess my question is how can we be assured of that. Once that development is in there, hey there's not a whole lot we can do? Borup: 1 guess one of my questions and concerns would be if someone else owns that property and wants to farm it and have a crop that needs irrigated on a regular basis - De Chambeau: We work with them. We do, we work with them. It's never been a problem in the past. Borup: Yes because it's been pasture. It's not a crop that's going to die if it doesn't get water. De Chambeau: That's right. Meridian Planning and Zoning Commission Meting May 3, 21X11 Pg. 37 Borup: But if someone -you're saying you wouldn't want a farmer in there either. De Chambeau: Well a guy did farm it as you recall but the land is so bad. There's a reason why it was only pasture for years and years and years. Borup: It won't grow crops? De Chambeau: Not real good. It's not real good let's just put it that way. The way it looks different is because the previous owner brought in soil and elevated that. I don't know if that was (inaudible) or not but - Borup: -- but I don't have - De Chambeau: -- it maybe -farmers do kind of work together. They kind of know when one crop is -they do, It's kind of the old ethic I guess the old -the way things used to be done. Borup: Weil I don't have anything scientific bu# I've lived in Meridian since 1965 so I've seen a lot of (inaudible) irrigate and I've done that in my time. There's just a lot of runoff that comes from farming. De Chambeau: Yes. Borup: That's the way you have to irrigate which is something you don't see in a subdivision. You don't have the runoff because there controlled. People that want to pay for more water than they need to on watering their lawns. I think as far as - I don't know how it's going to exactly effect the ground water but as far as runoffs I think you're going to be better off than someone irrigating that property. De Chambeau: I'm also -probably shouldn't say this but I've just became recently aware that you're a Building Constructor and I just thought that was kind of interesting. Borup: How so? De Chambeau: Well 1 know you're building houses across the street so this is probably an advantage to you to continue to develop is that correct? Borup: No. I don't know why that's really pertinent but - (Inaudiblediscussion amongst Commission members) De Chambeau: Well f knew you would and I shouldn't have done it but it does concern me. I'm wandering conflict of interest - is that? Meridian plann'uig and Zoning Canmisswn Meeting May 3, 2001 Pg. 38 Borup: Well we're real aware of conflict of interest and there have been times in the past there has been that 1've stepped down. You need to be aware of what conflict of interest regulations say. Yes, we're very aware of that, all of us are. If there is any, those individuals will step down at tha# time. De Ghambeau: Yes, I know. I apologize I know it didn't make any favor here but it's probably why there's no one else here to testify. People are discouraged. Borup: Thank you. Anyone else? Any final comments Mr. Brown? Commissioners? Shreeve: I move we close the Public Hearing. Borup: All three of them? Shreeve: All three of them yes do I need to read those? Borup: Just I #hink -just mention all three of them. Shreeve: I move that we close the Public Hearing for request for annexation AZ 00-023, request for Preliminary Plat PP 00-024, and a Conditional Use Permit CUR QO-052. Centers: I second. Borup: Motion second, all in favor? Any discussion? MOTION CARRIED: ALL AYES Borup: Before we - Shreeve: I've got a couple of comments that certainly I would like to make. Two of the, probably in my opinion certainly of the biggest issues is the intersection coming off on Victory Road. I still believe and have driven that and have looked at that, that I think that provisions could be made to move that. I think in the future there could be some real headaches having basically three major intersections. Victory - or excuse me Thousand Springs is a big subdivision with lots of traffic. Tuscany Lakes with the school will also generate a lot of traffic. Then of course you've got the intersection of Victory and Cloverdale. Yes it's true that there's a blind section there on Victory Road but 1 think with some construction. Even without construction there are minimal standards that certainly were acceptable during the Thousand Springs point. I don't believe that that road is located in the best interest to the City nor of the surrounding communities - or excuse me property subdivisions. Secondly, is the school. I am concerned about the school location. Not only the location but also having it -~ Meridian Planning and honing Commission Meeting May 3, 2001 Pg. 39 interior to lots. I know there have been discussions on that but again my opinion is that I don'# like it behind property. Those are basically the two comments that t have in relationship to this project. Centers: Mr. Chairman. Borup: Commissioner Centers. Centers: For the staff, in previous comments and of course this project or these three applications have been before us for a few months now. You're comments were no comment until we get this, this, this and this. Are you totally satisfied now with what you have? I guess you know what I'm referring to. I looked back an your comments and you weren't willing #o make a recommendation because you needed something. Do you have all of the something's? Freckleton: Commissioner Centers, from Public Work's perspective we've addressed the sewer, we've addressed the water, we have computer analysis an both of those. That issue is addressed. I do -this groundwater issue is a very serious issue. I've had -I've done work with Associated Earth Science. I think that that's the best approach is to have a Soil Scientist doing the analysis and working directly with the Civil Engineer on the jab. I think that the - well that's required. I #hink that the problem that's out there is not unsolvable with the proper design. I think from our perspective the issues have been addressed. As far as a recommendation I don't know if I want to go there. Cen#ers: Well the only other thing I would add and in due respect to my colleague here I'm not prepared to second-guess the highway -the County Highway -- the Ada County Highway District I'm not prepared the School District who recommended the site and stood up here and raved about the site. I may disagree with it but I'm not prepared to second-guess him or the Highway District. That would be my only comment. Borup: I think I've got the same concern on the entrance. Did you have another comment Steve, I'm sorry? Siddoway: I was just going to say that all of the missing pieces of data that we've been asking for are now here. So it's complete in that sense. We still maintain that we don't want the school site wrapped around with housing. All of the issues that we've kind of gone over and over there's a question in the annexation about all of the out parcels that it created - it creates an enclave of County property and whether that's a good thing. ft is complete. We still have concerns but all of those concerns are spelled out in the staff report. The application is complete and it's up to the Commission to make your recommendation based on ali of the facts. Meridian Planning ar-d Zoning Carxr-issiar Meeting May 3, 2001 Pg. 40 Centers: There again to reiterate an the School Districts or the school site that was you as a Planner's personal opinion or your personal opinions disagreeing with the School District Representative correct? Siddoway: That's correct. Borup: I guess I would have the same commen#. I don't know how we can second-guess the School District. We asked some pretty direct questions to him when he was here. I'm wandering how much thought ACRD put into a different location. I'm not sure. They're requiring stacking tapers on both directions firom that Victory entrance and that maybe part of the consideration too. I don't know if that effects it much either way. Again we've got a fairly lengthy report from ACRD but that doesn't mean we can't make another recommendation separate from what they recommended. Shreeve: Mr. Chairman. Borup; l don't think we've seen a good report on how that grad would effect things either. it may be even more dangerous to be coming out of the subdivision on the street (inaudible) where you can't see what's coming either direction. I don't know that we have the information -but that's the same concern coming out of the subdivision going up hill not being able to see what's coming the other way. Maybe that's what they're thinking on the taper lanes would help alleviate some of that stuff too. Centers: Well I was starting to say, they of course don't appear here. They don't give their vision to us but I know what they're paid to do. They've submitted a report and as I said I'm not prepared to contradict them. Borup: I think didn't we have the letter and then last time we had a separate letter in addition to the report where they had been asked that very question? I know it's in this stack somewhere. Mr. Shreeve, you were going to -~ Shreeve: Well you know the thing is again even though ACHD studies it it's their department, they're the professionals and it's their roads. Certainty you can prove anything by studies. Again, not having studied it quote unquote, but certainly having looked at it the grade I don't believe, would be a major issue in coming right off of the Thousand Springs. Why make something worse? What 1 mean by that is I #ruly believe in a non-study fashion but having thought about it considerably these last couple of weeks that if you've got basically three major intersections you're going to have children walking from Thousand Springs. You're going to have a lot of commuting from the Thousand Springs area that -- I think that there's going to be problems. If you've got school sights, you're going to have school lights at three major intersections right there close to each other. To have the entrance from Tuscany come off of - adjacent to Thousand Springs, basically you would have one light. Now the blind hill now would be the time to Me.~idfan Planning and Zoning Commissron Nesting May 3, 2001 Pg. 41 take care of that blind hill period. Now would be the time to get in there and work out what needs to be happened for the benefit for Tuscany Lakes, for the benefit of Thousand Springs, for the benefit of everybody that runs up and down Victory Road. Borup: I was referring to the blind hill coming out of Tuscany. You're going to be coming up out of hill there also. Shreeve: Well but it levels off when you come off -you're required to come up to a plateau as you would enter on to Victory. I don't foresee that that should be a problem. Borup: Yes that should be (inaudible). Genters: See that's my point, Commissioner Shreeve. The Highway District knew Thousand Springs was there when they made their recommendation and their study. I just -they are the professionals not me. That's just my view. Borup: 1 don't know if I have any other comments at this point. That's something you could certainly include in a motion Mr. Shreeve. Shreeve: Well and let me make another comment that Steve did remind me of quite frankly in terms of another thought is just simply the expansion. I think just expanding much further out and with the County enclave there is also a concern of mine in terms of managing the development of the City. With that I am prepared to make a motion. Borup: Okay. Shreeve: I propose that we deny the application for Tuscany Lakes. The request for annexation AZ 00-023, also deny the Preliminary Plat PP 00-024, and also deny the Conditional Use Permit 00.052 for the Tuscany Lakes Subdivision. Borup: Do we have a second? Seeing none, that motion (inaudible) in lack of a second. Centers: Mr. Chairman. Borup: Commissioner Centers. Centers: I would move that we recommend for approval to the City Council the request for annexation and zoning AZ 00-023, 156.21 acres from RT to R-4 for proposed Tuscany Lakes Subdivision by Gem Park II Partnership including all staff comments. That would do it on the - Meridian Planning and Zoning Commisswn Meeting May 3, 2001 Pg. X42 Borup: -- on the annexation. 1 take it Mr. Shreeve you're not open to seconding that? I'll second that. Discussion. We have a motion to second, any other discussion? All in favor? MOTION CARRIED: TWO AYES, ONE NAYE, TWO ABSENT Centers: Mr. Chairman. Borup: Commissioner Centers. Centers: We would like to make a motion to approve and recommend to the City Council for approval request for Preliminary Plat approval of 353 building lots and 39 other lots on156.21 acres in a proposed R-4 zone for proposed Tuscany Lakes Subdivision by Gem Park II Partnership which is PP 00-024. The temporary access to remain until the City allows it to be removed which is located in the northwest corner of the said plat. 1 believe in lots 7 and 8. I couldn't determine the block number but I think that's the specific location. In addition the City shall do a water model after each phase to determine the sufficient water and including atl of staff comments. Borup: Okay we have a motion. Mr. Centers would you be open to maybe some wording to perhaps have ACHD take a second look at the entrance on Victory Road? Centers: I would be very open to that. I would like to recommend that the Ada County Highway District take a second look based on the recommendations provided to this Commission over the many hearings, present those comments to the Commission and the Highway District and see what their views are. Borup: About moving the entrance. Centers: But I don't want to recommend a location. I'm not the expert but I would certainly be open and i think the developer should be open to them listening and if they determine that it would be in their best interest to move then move it. That would be part of my motion if you've got that? Unidentified Speaker: Yes in general. Borup: 1 would second that then. Motion is second, any discussion? All in favor. MOTION CARRIED: TWO AYES, ONE NAYE, TWO ABSENT Centers: Mr. Chairman I would recommend that we make a motion and recommend to the City Council for approval CUP 00-052 request #or a Conditional Use Permit to cons#ruct a planned residential development in a Meridian Planning and Zoning Commission Meeting May 3, 2001 Pg. 43 proposed R-4 zone for proposed Tuscany Lakes Subdivision by Gem Park 11 Partnership with all staff comments and conditions. Borup: I'll second that. All in favor? MOTION CARRIED: TWO AYES, ONE NAYE, TWO ABSENT Borup: Okay all three. I just maybe -it's going to be a few years before we get over to that entrance so I would -since it is starting from Locust Grove. 1 hope that would be enough time for ACRD to thoroughly look at the situation. Shreeve: That's only hopeful thinking though. Borup: Well it all depends on the market place. That was the previous testimony. I do think having a subdivision there would be a help to ground water. I guess the other thing that influenced me was the neighbors testified that they are planning someday to develop their property also. They are planning on wanting to put in the subdivisions and it kind of works both ways. Centers: Well it's contiguous right now. Borup: Well then that's the other thing. Even though it is at the outskirts of the City it can be serviced with existing sewer lines. Some of the projects that we have that are close in don't have the sewer lines and we're not going anywhere on those. Item 8. Public Hearing: RZ 01-004 Request for a rezone of 8.29 acres from L-O to C-G for Waltman Court Subdivision by John Goade -south of Troutner Business Park, between Waltman Lane and Ten Mile Road: Item 9, Public Hearing: PP 01-007 Request for Preliminary Plat approval of 6 building lots and 1 other lot on 8.29 acres in a proposed C-G zone for proposed Waltman Court Subdivision by John and Sandra Goade -south of Troutner Business Park, between Waltman Lane and Ten Mile Road: Borup: Next Item No. 8, Public Hearing for a request for a rezone of 8.29 acres from L-O to C-G for Waltman Court Subdivision by John Goade south of Troutner Business Park. Also related that is a Preliminary Plat on the same project for 6 building lots and 1 o#her lot on the same project. I would like to open this Public Hearing and start with the staff report. Have we seen this before us before? Was the previous one for - in fact what was the previous one for? Siddoway: This was previously before you to be annexed and zoned. It was given two different zoning districts. You can see the general commercial zone •w~ ~i3 ~`` ~~ o ~ ~ ~7 1 ~r ; ~ g ~' Z ~ , ~ ~"`~ y ~ < - W ~' ~A ~ ~4 - a a ~; _ ',.; -* ~+.. ~ 1 "" , ._ *~ t~,;~ w ...-• z o -- ~ ...... ~. l a ~•' z '"` f'"' -. ~,_..,. ~-.,.r_ ~"v 0,)~ ~; (-+.i `"~`~~-. °a. `~ F Z O = a N Q F• r W W~.~ 0 ~~ i ,~ u -~. a o ----- ~r~. ~ z~ ` ~. z W U ~ W ~ O ~ V ~, N m z m c~ x 0 w ~~ ~ ~- _Q rc ~ _~ o Z Z ~ W J .. ~ ~..' (7 - 2 ° ~- ~ F- " U N o ~ -' U H ~-~--' Z W `' ~ "`--- ~ ~ W ~ j >- W w.v~'~ Q y ~ a ,. e - a ..- ~ _;- - W ._ VI ~ M W ..._ ~~ Q _ ~- ~.~ J O ~ N (9 m 0 W _~ d W J JH L m} ~'' S D ~ l7 n i~u O? MO ** TX CONFI: r rION REPORT ** ,^ AS OF NOU 20 r~0 1424 PAGE.01 CITY OF MERIDIAN DATE 0? 11120 08 11120 09 11120 ----------- TIME 14 22 14 23 14.23 ------ TOiFROM PUBLIC WORKS LEGAL DEPARTMENT 208 888 6854 ------------ - MODE OF--S EC--S EC--S MINiSEC 00'13" 00'26" 00'23" PGS CMD# STATUS 001 166 OK 001 166 OK 001 166 OK R~CE~D N o v z o Zooo CITY OF MFRJDIAIN ~~~ ~i 7~leh~dr~ ~I~u~atia~ ~c~uct 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651.4395 FAX # 208-463-0092 November 14, 2000 Will Berg, City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 Phones: Area Code 208 OFFICE: Nampo 466.7861 SHOP: Nompo 466-0663 Re; PP-00-024 Preliminary Plat for proposed Tuscany Lakes Subdivision Dear Commissioners: The Tenmile Drain courses through the above-mentioned proposed project The Tenmile Drain is a contract Drain with the Bureau of Reclamation. The easement on the facility is 100 feet, 50 feet from the center each way. The Eightmile Lateral also courses through this project, the Bureau of ReGamation has an easement or fee title of 90 feet, 45 feet from the center each way, however the Nampa 8 Meridian Irrigation District has an 80 foot easement, 40 feet from the center each way. The Ridenbaugh Canal courses along a portion of the south boundary, the easement of the Ridenbaugh Canal is 100 feet, 50 feet from the center each way. All easements and right-of-ways must ba protected and all storm drainage must be retained on site. Sinnncerely, Bill Henson, Asst. Water Superintendent NAMPA 8 MERIDIAN IRRIGATION DISTRICT BH: din Gc: File - $hop Fite -Office Water Superintendent APPROXIMATE IRRIGnBtE ACRES RIVER FLOW RIGHTS • 23,000 BOISE FROJECT RIGHTS ~ 40,000 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, Idaho at the hour of 7:00 p.m. on December 12, 2000 for the purpose of reviewing and considering the application of Gem Park II Partnership for Annexation and Zoning of 156.21 acres from RT to R-4 for proposed Tuscany Lakes Subdivision; Furthermore, the applicant also requests Preliminary Plat approval of 353 building lots and 39 other lots on 156.21 acres in a proposed R-4 zone and a Conditional Use Permit to construct a planned unit development consisting of 353 building lots and 39 other lots generally located at the southwest corner of Victory Road and Eagle Road for proposed Tuscany Lakes Subdivision. A more particular 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 inspec#ion 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 7th day of November, 2000 PUBLISH November 24th and December 8th, 2000. LIAM `G,iI~F~4~,,~IR.,1Cl~f' CLERK ,~ `' ~, ~~ T~ 8L 9~ ti`~~~ '% ~C?~~T 137 ~~i ' irk `Y' \~r, y;~r,,. ;~;~ti~ °sc 0 0 0 0 N O O O W 0 0 a •C V^~ D z C W v 0 z n z -v T 0 w v V D ~-~. ~.. H- n d ~t ~ CJ N -. 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PUBLISH November 24th and December 8th, 2000 ~- ' ~ZNl100 ~dQK 30 SQ2i0032i '~I~'IOI330 ' S i~ 0 8 - ~ ~0 8 S3JKd ,LFZ SZKrld 300 LQL ?i00g III Q3'II3 SFI 3032i3H,L ZK'~Id 'IKIOI330 3H,I, OZ JNIQ2IOOOFI NOISIl~IQHIIS T ' ON SMO'~I'~IOH 3?i00ZI82i3HS 30 ' L ?iJ0'Ig III Z .I,OrI Q1~ITd ' ~ xOO7g III OT ,ZO'I ' E ?I00'Ig NI ~ ,LO'~I ' Z ?I00'Ig NI Z w0`I ' T ?iJ0'Ifi NI Z ,I.OZ FI32i~ iSOInIY100 SMO'I'~IOH 3?i002Ig2I3HS 30 NOI,LdI2~OS3Q Z~037 ..8.. ,LIgIHX3 ~' , :~ •~ ~~ ~. ~. Q Z _V Z '~ •~ v• Z Q •V v• 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 Avenue, Meridian, Idaho at the hour of 7:00 p.m. on February 1, 2001, for the purpose of reviewing and considering the application of Gem Park II Partnership for annexation and zoning of 156.21 acres from RT to R-4 for proposed Tuscany Lakes Subdivision; Furthermore, the applicant also requests Preliminary Plat approval for 353 building lots and 39 other lots on 156.21 acres in a proposed R-4 zone and a Conditional Use Permit for a Planned Residential Development in a proposed R-4 zone for proposed Tuscany Lakes Subdivision generally located south of Victory Road and west of Eagle Road . A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Avenue, and is available for inspection during regular business hours, Monday through Friday, 8:00 a.m. to 5:00 p.m. 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. Oral testimony may be limited to three (3) minutes per person. Written testimony may be submitted seven (7) days prior to the above hearing date so that all interested parties may examine them prior to the hearing. DATED this 10~' day of January, 2001 ~:~ -~. ~ WILLIAM G. BERG, JR., I CLERK ,~~~~~~ tt t r rtzu~~,~} CJ , PUBLISH January 12~' and January 26~', 200``` ~*~GpF~p~gT~o~°~ /',~~= .~~ 9G-, ~' ,, .,. .- 'rt`. , /"~ ~"~ 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, Idaho, at the hour of 7:00 p.m. on February 1, 2001, for the purpose of reviewing and considering the applications of: B and A Development for a Conditional Use Permit to construct a 3-story, 87- room hotel for proposed Ameritel Inn in an L-O zone generally located at Magic View Drive and Allen Street west of Eagle Road; Mountain West Bank for a Conditional Use Permit to construct a branch bank with adrive-thru teller in an L-O zone generally located west of Eagle Road, north of Magic View Drive; Johnson Architects for a Conditional Use Permit for temporary placement of an office trailer to serve as Sonntag Eye Associates office during construction generally located at Gentry Way and Allen Street; Gem Park II Partnership for Annexation and Zoning of 156.21 acres from RT to R-4 for proposed Tuscany Lakes Subdivision; furthermore the applicant also requests Preliminary Plat approval of 353 building lots and 39 other lots on 156.21 acres in a proposed R-4 zone and a Conditional Use Permit to construct a planned residential development in a proposed R-4 zone for proposed Tuscany Lakes Subdivision generally located south of Victory Road and west of Eagle Road; Gem Star Properties for Preliminary Plat approval of 30 building lots and 2 other lots on 16.4 acres in an R-4 zone for Autumn Faire Subdivision No. 2 generally located at Black Cat Road and Cherry Lane; PUBLISH January 12~' and January 26~', 2001 ~ ~ _ certified Mailing Retue ..s Project Name File No(s) ~~~ ~~~. vS ~ ~ ~ !JG?'L Date of Hearing Name Address Reason for Retum ~• ~ ~i10~ ,r 1°-~ ~ '~ -z 1. ~} /~ t` ~",~ 1 ~z . ~~"~ l rl ti ~-- LETTER -OF BRIGGS ENGINEERING, Inc. 1800 West Overland Road Boise, Idaho 83705 PHONE: (208) 344-9700 • FAX NO: (208) 345-2950 TO ~~~d~~- ~-.~ ~.l eve. 3 ~. S a o ~1/~QXIc(,t 0.(ti. ~D~~ d~WE ARE SENDING YOU ^ WE ARE RETURNING TRAn`SMITTAL DATE ~~ ~~ ~ ID NO. O3 D y JOB NAME U~-SCQ_V~, l VG t ~~. JOB ADDRESS qTY, STATE ^ SHOP ORA WINGS ^ CHANGE ORDER ^ iCOPY OF LETTER PLANS ^ ORIGINALS ^ FINAL PLA T ^ SPEC/FICA TONS ^ COMPUTER D/SK ^ T OTHER p'~ENCLOSED ^ UNDER SEPARATE COVER VIA ^ FEDERAL EXPRESS COURIER COPIES DATED ID N0. DESCRIPTION 210 0 0 3 acs a rat re,(. Z 'C1~1• ~` /I ~~2 ~~ ~ r~ i~ ~~ .i r ,, I I x I ~ r.e.d~.~.~cs-~Q. , ~ , ~ ,, ., , , i t ~r ~/ l C (.Yl t THESE ARE TRANSMITTED AS CHECKED ^ AQ APPROI/AC ^ API~IQOVID As s~/BMn7m ytX/R /NFGi4AlAI/A'V ^ APRROf~D AS NOIID AS R£4Y/ES1FD ^ REII/RNm FA4 A~tRECnA1l ^ FAQ RENEW AND GY.M/A/ENT ^ PR/G~ ^ FAQ B/OS DUE REMARKS SIGNED ~ ~d~- COPY TO C BELOW ^ RESY/BIl/T LLi°/ES FU4 APPROVAL ^ SYIa{llT awrES fAQ aSnQ/~unav S ^ REIURN GY~YPRECIID PR/N75 ~ ~ RZ 00-008 Request for Rezone of 5.17 acres from L-O to R-4 by JUB Engineers for proposed Devlin Place No. 2 -south of Devlin Place between Sunburst Subdivision and Sunnybrook Farms: PP-00-025 Request for Preliminary Plat approval for 16 building lots and 4 other lots on 5.17 acres in a proposed R-4 zone by JUB Engineers for proposed Devlin Place No. 2 - south of Devlin Place between Sunburst Subdivision and Sunnybrook Farms: Please sign and have the following statement notarized and return to the Meridian City Clerk prior to the public hearing on 1/04/01. I, ,the undersigned, acknowledge my responsibility to post the property for public hearing one week prior to the hearing date. Failure to properly post the property will increase the possibility of any approval being overturned should the application be contested.. I am aware that to proceed with a public hearing without posting of the property as required by Idaho Code would be at my own risk. Signature Title: Date: STATE OF IDAHO ) ss. County of ) On this day of January, 2001, before me, the undersigned, a Notary Public in and for said State, personally appeared _~ known or identified to me to be the authorized agent of _, who duly acknowledged to me that (s)he executed the within instrument on behalf of said (individuaUcorporation/partnership) and that said (individuaUcorporation/partnership) executed the same. Notary Public for Idaho Residing at Commission Expires:_ ** TX CONFI°"TION REPORT ** DATE TIME TOiFROM 30 12111 08 43 PUBLIC IJORKS 31 12111 08 48 208 888 6854 AS OF DEC 113 08=53 PAGE.41 CITY OF MERIDIAN MODE MINiSEC PGS CMD~ STATUS OF--S 04'37" 011 050 OK EC--S 05'01" 011 050 OK • ~CE2~~ - ~ ADA COUNTY HIGHVIrAY DISTRICT DEC - g 2000 ~•~,,< Planning and Development Division CPl'YOF ~RIDIAN •~'~°--~, Development Application Report .-~ n~ Yrcliminary Plat -Tuscany Lakes/MPP-00-024 Locust Grove Road/Victory Road MAL-UO-023/MCi1P-00-052 This application has been referred to ACRD by the City of Meridian for review and comment. Tuscany Lakes is a 353-lot reside~~tial subdivision on 152.5-acres. The applicant is also requesting a ~:«; rezone from RT to R-4 and annexation into the City of Meridian, and conditional use approval for a „_: planned unit development. This preliminary plat includes an elementary school site. The site is ,cy located on the south side of Victory Road, east of Locust Grove Road. This development is estimated <.,,.: to generate 4,000 total trips based on the submitted traffic study. ,~`~ `"~'" Roads impacted by this development: Locust Grove Road Victory Road Lagle Road ~PSRA F - -~i ~~ jL]JA SwnA~ 7ascany Lakes.cnvn Page 1 ACHD Commission Date -December 13, 2000 - 7:00 p.m. _/ ~-. HUB OF TREASURE VALLEY MAYOR Robert D. Cowie A Good Place to Live LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 CITY COUNCIL MEMBERS CITY OF MERIDIAN PUBLIC WORKS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT MERIDIAN IDAHO 83642 (208) 887-2211 • Fax 887-1297 Keith Bird ~ Tammy deWeerd (208) 888-4133 • Fax (208) 887-4813 PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: Transmittal Date: November 6, 2000 File No.: PP-00-024 December 5, 2000 Hearing Date: December 12, 2000 Request: Preliminary Plat approval of 156.21 acres for 353 building lots and 39 other lots in a proposed R-4 zone for proposed Tuscany Lakes Subdivsion By: Gem Park II Partnership Location of Property or Project: SW corner of Victory and Eagle Sally Norton, P/Z Bill Nary, P/Z Jerry Centers, P/Z Richard Hatcher, P/Z Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service Building Department Fire Department _~C Police Department Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain G s (FP/PP) Ada Cou~ty (A exation) Idaho Tr sp ion Department Your Concise Remarks: City Attorney City Engineer City Planner Parks Department (Residential Applications Gen - 26 PP/FP/PFP - 30 AZ - 27 RE~~~~ City of ~erC~ffac t`,it~ Cl~r~k "3Jdd bbL0b8880Z .-. MAYOR Robcn D. Come CRY COUNCIL MEMBERS Ron Anderson Keirh Bird Tammy de Weerd Cherie McCandless NUB OF TREASURE VALLEY A Good Place to Live C~T~ OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (203) 888-aa33 • Fax (20S) 837-d8i3 City Clcrk Office Fax (208) 888.4218 TRANSMITTALS TO AGENCIES FOR COMMENTS ON WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will tie considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: W;II Berg, City Clerk, by: December 5, 2000 Transmittal Date: November 6, 2000 Hearing Date: December 12, 2000 File No.: PP-0Q-024 Request: Preliminary Plat approval of 156.21 acres for 353 building lots and 39 other lots in a proposed R-4 zone for proposed Tuscany Lakes Subdivsion BY• Germ Park 11 Partnership Location of Property or Project: SW corner of Victory and Eagle Sally Norton, P/Z 8111 Nary, P/Z Jen-y Centers, P/Z ~_ Richard Hatcher, P/Z _~ Keith Borup, P/2 ._,~_ Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerrl, C/C Keith Bird, C/C Cherie McCandless, C/C ~ Water Department ,_ Sewer Department Sanitary Service Building Department Fire Department Police Department City Attorney City Engineer City Planner Parks Department (Resides Gen - 2g op~FPrPFP - 30 A2.2'T REc~~D NOV 2 0 2000 ~~`~ ~i ME~I~IAN Sa,Eaa 'b'bLAb888AZ- Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. __ Central District Health Nampa Meridian brig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U,S. West (FP/PP) ,_ Intermountain Gas (FP/PP) Ada County (Annexation) ______ Idaho Transportation Department Your Concise Remarks: ~~ : 9T 00. 0z f10N LEGAL DEPARTMENT (2aa) Zss-za99 • Fax Zsa•so1 PUBLtC WORKS BUILDING DEPARTMENT (2os) ss7-2211 • Fax S3?-1297 PLANNING AND ZONING DEPARTMENT (208) 88a-5533 • Fa.x 883.6354 DEVELOPMENT PROJECTS -QI Zr31HM3.LSHM NHIQI2I3W 6T:9i AA-OZ-iT b ~ 3Jtld MAYOR Robert D. Cowie HUB OF TREASURE VALLEY A Good Place to Live LEGAL DEPARTMENT CI'T'Y OF MERIDIAN `~03> ass.2a99 • Fax 235-2541 PUBLIC WORKS 33 EAST' IDAHO BUILDING DEPARTMENT 1~IERIDIAN, IDAHO 83642 (2oS) 8s7.22t 1 • Fax s37• t29? (208} 835-4433 • Fax (208) 887.4Sl3 City Clerk Office Fax (20S) 888-4218 PLANNCNG AND ZONING DEPARTMENT (20s) 88x5533 • Fax s8R•G85a CCTY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy dcWeerd Cherie McCandless TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN bbL0b8880z 8~:9T 00~ 0Z SON r-. To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: December 5, 2000 Transmittal Date: November 6, 2000 Hearing Date: December 12, 20Q0 File No.: PP-00-024 Request: Preliminary Plat approval of 156.21 acres for 353 building lots and 39 other lots in a proposed R-4 Zone for proposed Tuscany Lakes Subdly By: Location of Property or Project: slon SW corner of Victory and Eagle Sally Norton, P/Z Bill Nary, P/2 Jerry Centers, P/Z it Richard Hatcher, P/Z Keith Borup, P2 Robert Corrie, Mayor Ron Anderson, C/C __ Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department ~ Sewer Department Sanitary Service Building Department Fire Department Police Department City Attorney City Engineer City Planner Parks Department (Restde~ Gen . 26 PPlf P!PFP . 30 AZ • a7 R,~cErv~D N O V 2 0 2000 CITY OF MERIDIAN AT/0 Td Gem Park II bbLAb888AZ=QI Meridian .School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian brig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) r Idaho Transportation Department Your Concise Remarks: 2{3-LHM3.LSHM NH I Q I2I3W bZ : 9 i 00-0Z- T T 11/17!2000 07:39 ~1,-11"OR Rooert D. Corte Cll'Y COI;"NC1I,,~tEMBERj Ron;~nderson Ktitb Bird Tammy deWecrd Cherie ~icCandlcss A Good Place to Live LEC~iL DEP~{tT`ION'r CITX Q~ ~~~~II)YAN (205) 238.2.99 • Faz 20"5•'501 PUBLIC WORKS 33 EAST IDAHO BUILDING DEPARTb1EvT MERIDIAN, IDAHO 83642 Izo&) 587.2'-I I ' Fir s37.1"'' (208) 888-a<t33 • Fax (208) 887.4813 City Clerk Office hax (208) 888-4218 PLANNING AND 20N1~'G oEPART~~eNT 1203) 851.5533 • Fix 358-685 TRANSMtTTAL5 TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To Insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn; Will Berg, City Clerk, by; December 5, 2000 Transmittal Date: November 6, 2000 Hearing Date: December 12, 2000 File No.: PP-00-024 Request; Preliminary Plat approval of 156.21 acres for 353 building lots and 39 other lots in a proposed R 4 zone for proposed Tuscany Lakes Subdrvsion By: Gem Park II Partnership Location of Property or Project: SW corner of Victory and Eagle Sally Norton, P/Z Bill Nary, P/Z Jerry Centers, P/Z Richard Hatcher, P/Z _~ Keith Borup, P/Z Robert Corrie, Mayor ______ Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/G __ Water Department Sewer Department Sanitary Service Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co, (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Departm building Department Your Concise Remarks: Fire Department Police Department __,_ City Attorney City Engineer Gity Planner Parks Department (RE_Sidentl3l appl;cations only) ven•?6 ~~rFaioFO.30 X2.27 NOU 17 '00 06 50 2088885052 SANITARY SERVICE PAGE 11 .-. ~-. HUB OF TRE,-1$URr= V~i%C.EY ~CE~`'~D NOV 1 7 2000 CITY OF MEIUD1AN 2088885052 PAGE. 11 r, 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, Idaho at the hour of 7:00 p.m. on January 4, 2001, for the purpose of reviewing and considering the application of Gem Park II Partnership for annexation and zoning of 156.21 acres from RT to R-4 for proposed Tuscany Lakes Subdivision; Furthermore, the applicant also requests Preliminary Plat approval for 353 building lots and 39 other lots on 156.21 acres in a proposed R-4 zone and a Conditional Use Permit for a Planned Residential Development in a proposed R-4 zone for proposed Tuscany Lakes Subdivision generally located south of Vctory Road and west of Eagle Road . A more particular 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 #o submit testimony. DATED this 12~' day of December, 2000 ~ ~,, ~\ ~' ~GO~~QR~~o '`°~ '; ILLIAM G. BERG, JR., Y LERK ~~ PUBLISH DecemberJ~5"' 9i~. Dece ~9 X000. ,,, ~, . 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, Idaho, at the hour of 7:00 p.m. on January 4, 2001, for the purpose of reviewing and considering the applications of: Gem Star Properties for Preliminary Plat approval of 30 building lots and 2 other lots on 16.4 acres in an R-4 zone for Autumn Faire Subdivision No. 2 generally located at Black Cat Road and Cherry Lane; Mountain West Bank for a Conditional Use Permit to construct a branch bank with adrive-thru teller in an L-O zone generally located west of Eagle Road, north of Magic View Drive; Brighton Corporation for a Conditional Use Permit for a sales and project information office in a temporary trailer in an R-4 zone in Ashford Greens No.4 at Black Cat Road and North Waggle Place; Lombard-Conrad for a Conditional Use Permit to construct the new Meridian City Police Department in an R-8 zone generally located south of Franklin and west of Locust Grove Road; Johnson Architects for a Conditional Use Permit for temporary placement of an office trailer to serve as Sonntag Eye Associates office during construction generally located at Gentry Way and Allen Street; JUB Engineers for Rezone of 5.17 acres from L-O to R-4 for proposed Devlin Place Subdivision No. 2; furthermore, the applicant also requests Preliminary Plat approval of 16 building lots and 4 other lots on 5.17 acres in a proposed R-4 zone for proposed Devlin Place Subdivision No. 2 generally located south of Devlin Place between Sunburst Subdivision and Sunnybrook Farms; Gem Park II Partnership for Annexation and Zoning of 156.21 acres from RT to R-4 for proposed Tuscany Lakes Subdivision; furthermore the applicant also requests Preliminary Plat approval of 353 building lots and 39 other lots on 156.21 acres in a proposed R-4 zone and a Conditional Use Permit to construct a planned residential development in a proposed R-4 zone for proposed Tuscany Lakes Subdivision generally located south of Victory Road and west of Eagle Road; Potter Land Surveying for rezone of .25 acres from R-8 to C-G for general commercial use for proposed Tranquility Ponds generally located at East 3rd Street and Fairview Avenue; Hubble Engineering, Inc. for Annexation and Zoning of 20.20 acres from RT to C-G for proposed Sparrowhawk Subdivision; furthermore the applicant also requests Preliminary Plat approval of 3 building lots on 20.20 acres in a proposed C-G zone for proposed Sparrowhawk Subdivision generally located on the northeast corner of Nola Road and Franklin Road. PUBLISH December 15~' and 29t", 2000 ** TX CONE ~ aT TON REPORT ** DATE TIME TO/FROM 09 12/11 17 07 12083452950 MAXOR Robert ll. Comic C11'Y COUNCIL MEMBERS Ron Anderson Keith Bird 'T`ammy de Wend Cherie McCandless December 11, 2000 AS OF DEC '00 17 08 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS EC--S 00'33" 001 110 OK NUB OF TREASURL VALLEY A Good Placz to l.ivc CITY OF MERIDIAN• 33 l!:AST IDAHO MTsRIDIAN, IDAHO 83642 (208) 558.4433 • fax (203) 387.4813 Gty Clerk Officc Fax (208) 885-4218 ^AL DEPARTMENT ;~'~`I'!i~ '^~.Fu263-2501 i~~~ i' i F I ~ ~: ~ t ~~ ai 1 i ; ~ ~ I i t~rN.n h ~ ~? ,F ,e ~ ~rkl~,~ `Fi f~~ Applicants for Projects: CUP 00-049 Mountain West Bank CUP 00-050 Ashford Greens #4 Subdivision CUP 00-053 Ameritel Inn CUP 00-054 Meridian Police Station CUP 00-055 Sonntag Eye Associates PP 00-023 Autumn Faire #2 Subdivision r~Z 00-023 Tuscany Lakes Subdivision CUP 00-052 Tuscany Lakes Subdivision PP 00-024 Tuscany Lakes Subdivision RZ 00-008 Devlin Place #2 Subdivision PP 00-025 Devlin Place #2 Subdivision Dear Applicant Due to the incorrect Nofice of Public Hearings being published in the Idaho Statesman for the above listed projects, thes® projects have been rescheduled for Thursday, January 4, 2001 at 7:00 p.m. at the Council Chambers in fhe Meridian City Hall. The notices wit! be re-noticed for the new public hearing date. These projects will need to be reposted one week prior to the new hearing date. We are sorry for the inconvenience. Please contact me with any questions or concerns. Thank you for your cooperation. Sincerely William G. Berg, Jr. City Clerk ,--, ** TX CONFII~, ,PION REPORT ** DATE TIME TO/FROM 03 11/22 08 33 PUBLIC WORKS 04 11/22 08 34 208 888 6854 IC~HO IDAHO POWEF COMPANY ~~ P0, BOX 70 BOISE, IDAHO 63707 AS OF NOV 22 d0 08=34 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS OF--S 00'10" 001 222 OK EC--S 00'20" 001 222 OK Lorna IN. DoASOn CommunMy Ralstbns Reproase4Nre o~. ~, z~~ Fax (208) 38df9o7 r_ae r~nei aet~.wsw November 20, 2000 Will Berg, City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 Re: PP-00-024 Tuscany Lakes Subdivision Dear Will, y"'"CEZVED N OV 2 f 2000 CITY OF MERIDIAN Idaho Power Company is unable to serve this application without significant system upgrades. The applicarn should contact the local Idaho Power Company Operations Center for details. The engineering and construction contact for this project would be the Meridian Team at 388-2021. Sincerely, Layne Dodson EN~IESiS / PL.AI~IEii'$ ~ SURVEYORS December 7, 2000 Mr. Siddoway Meridian Planning Dept 33 East Idaho St. Meridian, Idaho 83642 RE: Tuscany Lakes Subdivision Dear Steve: 1800 West Vvenana rcoaa Boise, Idaho 83705 - 3142 Voice (208) 344-9700 Fax (208) 345-2950 E-mail icentb@br'~ggs- engineering.com ~~C o ~l -,~r FCn ~~ !~ ~~ // f {~ d,~ ~~ ~ Per our conservation about sewer ,school, park site and secondary access issues on the site we wish to meet with Staff and discuss the issues raised and seek some thing settlement prior to proceeding to the Planning and Zoning hearing. We are hereby requesting that Commission continue our application until the next available Planning and Zoning meeting so we can meet with City Staff and discuss what information they need for the sewer and what our options are for secondary access . If you have any questions or need additional information, please call. Sincerely, BRIGGS ENGINEERING, Inc. Kent Brown Planner KB\ 0308~P&Z-hold-ltr The Idaho + Statesman Account k OTIk Idenbficabon Amount. 064514 376969 PUBLIC HEARING $116.64. Ordered by: P.O.k Rate Run Oates SHELBY NT DECEMBER 15, 29, 2000 CITY OF MERIDIAN Number of Lines 33 EAST IDAHO ST. 81 MERIDIAN, IDAHO 83642 Affidavit Legal k 1 9063 Clty o~lvi~rl~ian P.O. Box 40, Boise, Idaho 83707-0040 -~~~ LEGAL ADVERTISING PROOF OF PUBLICATIq~coun ' I,t. ,JANICE HILDRETH. being duly sworn, deposes and says: That she is the Principal Clerk of The Idaho Statesman, a daily newspaper printed and published at Boise, Ada County, State of Idaho, and having a general circulation therein, and which said newspaper has been continuously and uninterruptedly published in said County during a period of twelve consecutive months prior to the first publication of the notice, a copy of which is attached hereto: that said notice was published in The Idaho Statesman, in conformity with Section 60-108, Idaho Code, as amended for: TWO consecutive weekly single aconsecutive daily ~X odd skip insertion(s) beginning with the issue of: DECOVBER 1 5 , 2000 and ending with the issue of: DECEIT\/BER 2 9 , 2000 STATE OF IDAHO ) )SS COUNTY OF ADA ' On this 2 day of JANUARY in the year of 2001 before me, a Notary Public, personally appeared before me Janice Hildreth ~~~~~~~~~~~'~~~~,~ • L known or identified to me to be the person whose name subscribed to the ~~~.•'~yt~;..~ AG,~'.,~ ~ within instrument, and being by me first duly sworn, declared that the state- ; ~..• . C~ L ~ ments therein are true, and acknowledged to me that she executed the same. P A ,pT Ry o ~~ ~.. ., ,s,°' L ~r ~~~. ., t~' ' ~ ' Notary Public for Idaho ~.° ~~. ~' % '„` ' ,~' `r ' `° •• ~ , Residing at: Boise, Idaho ., l °•.••• Q ~e` .,~ •g E 0 F p ~~. My Commission expires: ~ , . , '' ~ ~.Pit:'it en. j P"~ Pub. DeC.15,29, 2000 9063 ; ..~ .-. ** TX CONFIRi ON REPORT ** AS OF JAN 03 1 18 10 PAGE.01 CITY OF MERIDIAN DATE TIME TOiFROM MODE MINiSEC PGS CMDtt STATUS 04 01103 18 09 12083452950 EC--S 00'58° 002 134 OK f/~'~( Dear Applicant: ~ ¢ ~~ Z GI 5~ As the applicant/applicarrt's representative for one of the projects listed below, you aze aware that the public hearings previous scheduled for December 12, 2000, were renoticed for the January 4, 2001 P&L Commission meeting. A memo dated December 11, 2000, from William G. Berg, Jr., Meridian City Clerk, informed you of your responsibility to report the property one week prior to the new hearing date. if the property was not reported, any application runs a greater risk of being overturned for not following the proper procedure if there is opposition to the application. CUP 00-049 Request for Conditional Use Permit to construct a branch bank with drive- thruteller by Mountain West Bank - Magio View Office Complex: CUP 00-050 Request for Conditional Use Permit for a sales and project information office in a temporary trailer for Ashford Greens No. 4 by the Brighton Corporation-- Black Cat Road and north Waggle Place: CUP 00-053 Request fo Use Permit tract a 3-sto hotel for propo r Inn by B and A pment -Magi " w ive/Allen Scree of Eagle Road: CUP 00-OS4 Request for Conditional Use Permit to construct the new Meridian City Police Station by Lombard-Conrad Architects -south of Franklin Road and west of locust Grove Road: CUP 00-055 Request for Conditional Use Permit for temporary placement of an office trailer to serve as $onntag Eye Associates office during construction by Johnson Architects -Gentry Way and Allen Street: PP 00-023 Request for Preliminary Plat approval for 30 building lots and 2 other lots on 16.4 acres in an R-4 zone for Autumn Faire No. 2 by Gem Staz Properties -east of Black Cat and south of Ustick Road: AZ 00-0Z3 Request for Annexation and Zoning of 156.21 acres to R-4 fior proposed Tuscany Lakes Subdivision by Gem Park II Partnership - south of Victory Road and west of Eagle Road: CUP-00-052 Request for Conditional Use Permit for a Planned Residential Development in a proposed R-4 zone to permit vaziance from lot size, frontage, and cal-de-sac and block length requirements for proposed Tuscany Lakes Subdivision by Gem Park II Partnership - south of Victory Road and west of Eagle Road: PP 00-024 Request for Preliminary plat approval for 353 building lots and 39 other lots on I56.21 acres in a proposed R-4 zpne for proposed Tuscany Lakes Subdivision by Gem Park IT Partnership - south of Victory Road and west of Eagle Road: .~ .~ `,~ -~. Dear Applicant: As the applicantlapplicant's representative for one of the projects listed below, you are aware that the public hearings previous scheduled for December 12, 2000, were renoticed for the January 4, 2001 P&Z Commission meeting. A memo dated December 11, 2000, from William G. Berg, Jr., Meridian City Clerk, informed you of your responsibility to repost the property one week prior to the new heazing date. If the property was not reported, any application runs a greater risk of being overturned for not following the proper procedure if there is opposition to the application. CUP 00-049 Request for Conditional Use Permit to construct a branch bank with drive- thru teller by Mountain West Bank -Magic View Office Complex: CUP 00-050 Request for Conditional Use Permit for a sales and project information office in a temporary trailer for Ashford Greens No. 4 by the Brighton Corporation-- Black Cat Road and north Waggle Place: CUP 00-053 Request fo 1 Use Permit ct a 3-sto - m hotel for pro a Inn by B and A pment -Magi ' w rive/Allen Stree of Eagle Road: CUP 00-054 Request for Conditional Use Permit to construct the new Meridian City Police Station by Lombazd-Conrad Architects -south of Franklin Road and west of Locust Grove Road: CUP 00-055 Request for Conditional Use Permit for temporary placement of an office trailer to serve as Sonntag Eye Associates office during construction by Johnson Architects -Gentry Way and Allen Street: PP 00-023 Request for Preliminary Plat approval for 30 building lots and 2 other lots on 16.4 acres in an R-4 zone for Autumn Faire No. 2 by Gem Star Properties -east of Black Cat and south of Ustick Road: AZ 00-023 Request for Annexation and Zoning of 156.21 acres to R-4 for proposed Tuscany Lakes Subdivision by Gem Park IIPartnership - south of Victory Road and west of Eagle Road: CUP-00-052 Request for Conditional Use Permit for a Planned Residential Development in a proposed R-4 zone to permit variance from lot size, frontage, and cul-de-sac and block length requirements for proposed Tuscany Lakes Subdivision by Gem Pazk II Partnership -south of Victory Road and west of Eagle Road: PP 00-024 Request for Preliminary Plat approval for 353 building lots and 39 other lots on 156.21 acres in a proposed R-4 zone for proposed Tuscany Lakes Subdivision by Gem Pazk II Partnership - south of Victory Road and. west of Eagle Road: \~ Sent By: City of Meridian; ~'" 8886854 To: City Clerk At: _94218 ' _, VvETLANDS Case No.: PP-00-024 ('T'uscany Lfilces Subdivision PP) Name of App~lcont: Gem Park iI Partnership To: ' 1 From: Steve Sidciaway, Pl~n.ner Ju~n~-5-01 4:12PM; Page 1 RECEDE ~uN o s 200 City of Meridian City Clerk ®ffice I believe you may already ba~ae a copy of this letter in your fife. But, just in case, here is a copy for your record r>~gardiug the wetlands at Tuscany Lakes. Post-iC" Fax Note 7671 Dale ~ paa~- Lj' To From oo.roaw. co. Phone ~ Phone A p~ q Fax C JUN 05 '01 16 23 8886854 PAGE.01 Sent By: City of Meridian; .~ ~~ -+cpr ro AT-EhfIGN 0I Opcr:tuons nivlsivn Sl: BJEC!': NWW 1\0. 012100790 Mr Kent grown Brigs Engineering, Inc. I R00 W . Ov~riand Itorld Bvcs~, ld:lho 53705-900 Dtar ;Wr. l3rnwri: c~t~• A~ 1~~~~~~~~ ~~t~ c~~~~ ~~~~~~ ~'hts eot><erns your reyu~ct tlt;lt we inxpuct the proposed Tuscany Estate subdivi,ion located in K~uthwCSt Boisz. Sec. 29, T.3>/., R.1F ,Ada County. Idaho. An April 30, 2001, l mgt with you on•sitC and inspeetc~l the project drC:~. A numher of waterways are present within the pcojrc:t area to itxludr the Kic,tcnbaugh Canal, Ten Mile Draijt. E~ghtmile Canal. scut-ot~f ditch wltic:h parallels the wuthcast .sicl~ of the Ridenbaugh Cartel and TCn Mils Crcxk The on•sitC inspection rcvcalod that wrthtnc! communities Cxist alortb all of these w~tCrways. Fiowrver, we da not wnsidtr man-mach clrainaKrx Ind canals which werC constructed in uplinJ~ to be waters of the tlnitrd Statts evc;n though they m.1y now support wetland vCgetation along the bttitlw. &1sCC1 tin rl>r on-site inspection. and diacussiotu with you, the only waterway ott-site which wC have junsdictiun over Pursuatnt to Section 404 Of tlx: Clean Water Act is Ten Mile Creek. iC yaur propo~tl dt;velvpmcat includes acti~'ities such as it>.vtallation of buried utility line. nr roaJway crossings of Ton Mile Creek. then a permit from the Corns of Engineers would he required prior to cotxlueting any work below the orditutry high water mark vi -n aeljact:nt wettuntls of Ten l~+lile Creek. if you have any questions, plrrsc eotna~t cne by writing tv the: above address or phone (20b) 345-2154. Sincerely, ~~~~~ Grey~r?'~. Mactirtez Regulatory Pr4j~ct M~nakrr ''1 8886854; JL~.5-01 4:12PM; Page 2 DEPpRTMtNT OF Tilt: ARMY WAIlR WALLA t)IS71tICT GORPS aF ENGINEERS Ijoism RepuWtory OMlco ~t ~t ~ Bas~E e~arw A3'>'0258~ t40 ~,/ ~ ~~ ~ .<; May l , 2001 JUN 0 6 2001 JUN 05 '01 16 23 i 8886854 PAGE. 02 Sent By: City of Meridian; '1 8886854; UPDA'I`l~: ROAD ALIGNIYIENT Case No.: PP-00-024 (Tuscany Lakes Subdivision PP) Name of Applicant: Crem Park TI Pafinexship To: Meridian City Council From: Steve Siddoway, Planner -- Jt~5-01 4:12PM; Page 3 R,ECE~~'E JUN 0 6 2001 Cfty of Meridaai:~ City Cl~r~ At>ifc~ Part of the motion by the Planning & Zoning Commission was that "Ada. County Highway District take a second look and present comments regarding moving the earth entrance onto V-ctory Rdar3 to match the enhance to the Thou,~wd Springs Subdivision." The applicant has met with ACRD a second time to s~c)dress ibis issue. ACHD has responded in writing with the attached comments, dated June 1, 2001, fior your consideration. JUN 05 '01 16=23 8886854 PAGE.03 Sent By: City o7 Meridian; 8886H54; Ji~''`5-01 4:12PM; Page 4/5 _. `0905 JUV 04. Z®1 TEL P10= t20B) 36'r-0391 iF19491 PAGE 2/3 ,,~'4~r~~~,, Ada County ~Iighvvay Dist~riCt Judy PeaveyDerr, President 318 East 37th Street Dave Bivens,lsi Vice President Garden Clty ID 83714-6499 SI-eny R. tiut~r, 2nd Vioe President Phone (208) 387.6100 Susan S. Eastlake, tommissloner FAX (208) 387.8391 Darvid E. Wynkoo~~Commissioner Email telfua~ACND.ada.id.us ~, - June 1, 2001 Steve Siddoway City of f~eridian 660 E. Watertower lane, Suite'202 Meridian, ID 83642 Re: Tuscany Lakes Subdivision RECEDE JUN 0 6 2001 City of Meridian City Clerk Office JUN 05 '01 16 23 8886854 PAGE. 04 Sent By: City ort Meridian; V7• W JY~ VMr CiXJI ~, is Dear Steve, H886854; ,a;+~-5-01 4:13PM; Page 5/5 ~GL ~1V• •GUO~ J 7J 71 aa..~~a . ...+~• w r On April 11, 2001, I provided ymu with a letter stating that the proposed location of Tuscany Way, off of Victory Road, conforms to ACRD policy. I also included in that letter that Joe Rosenlund, an ACHD tirdffic engineer d~emnined that to be the best location. Kent Brown approached me ag~;ln with concerns from the Planning 8 Zoning Cornmissfon. Last week I met with Mr. Rosenlund Mr. Brown, and a resident who lives on the north side of Victory Road who has concerns about vehicle lights shining on to his home. It has come to my attention that a suggestion has been made to re-align Tuscany Way with the main entrance to Thousand Springs Subdivision. According to Mr. Rosenlund, that intersection grade "barer/' meets our standards, but that the grade cannot be reduced in that location because of a high pressure gas line that cannot be relocated. Mr. Rosenlund again went out end evaluated the site distance problems that currenlly exist on Victory Road and offered the following comments: • 1 would rather have the street intersect Victory where it is pres®ntly proposed. • The alignment with the Thousand Springs access is acceptable but marginal. • In no case would I allow p school crossing at the Thousand Spring access location, it would need to be at the crest of the hill, at the Currently proposed intersection or at Eagle. • Should the City of Meridian require the applicant to align Tuscany Way with the Thousand Springs entrance, this item will have to be re-heard by the ACHD Commission for review and approval. Should you have any questions pr comments, please contact me at 387-6170. If I am not available, please call Joe Rosenlund at 387-5140. Sincerely, Christy Richardson Principal Development Analyst cc: PtoJect file Kent t3rown, Briggs Engineering 2 JUN 05 ' 01 16 ~ 24 `*' 8886854 PAGE. /'1 J-r FILE COPY Affidavit of Mailing of Public Hearing Notices Subject: Tuscany Lakes Subdivision File No.: PP 00-024 I, Shelby E. Ugarriza, hereby certify that the public hearing notices were sent to the property owners adjacent to the subject property noted in the mailing list on Friday, May 18, 2001 for the public hearing on June 5, 2001 and witnessed by Holly Ultas. Signed, -- ~~ (preparer ~~~(o~ Date ~ ~,~~ ~~ ~ ( fitness) .~I~~~Q1 Date ,~ ~'"~ Page 1 of 1 Will Berg From: Will Berg (bergw@ci.meridian.id.us] Sent: Wednesday, January 17, 2001 8:49 AM To: 'TdeWeerd@~aol.com' Cc: Shari L Stiles (E-mail) Subject: RE: Public Meeting for new Park Design Hi Tammy Here is information for the Tuscany Lakes Subdivision Annexation & Zoning, Preliminary Plat and Conditional Use Permit project to consider for your response: - originally to be heard December 12th, 2000 meeting before the P & Z Commission - noticed improperly in the newspaper by our staff - re-noticed (as per the three required) for January 4th, 2001 meeting before the P & Z Commission - applicant did not post the property properly (applicant did not verify the posting) - re-noticed (as per the three required) for the February 1st, 2001 meeting before the P & Z Commission - posting of the property is usually checked by the P 8~ Z staff, but the applicant is required to sign an affidavit Please be careful as to discussing this particular project before it comes to you in a public hearing. ----Original Message---- From: TdeWeerd@aol.oom [mailto:TdeWeerd@aol.o~m] Sent: Wednesday, January 17, 2001 12:49 AM To: bergw@d.meridian.id.us; stiless@a.meridian.id.us Subject: Fwd: Public Meeting for new Park Design I need to respond to this person. Can either of you offer any suggestions or comments to his questions? Have you any idea what he is referring to in regards to posting in the first paragraph? I would appreciate any help you can fend... Thanks, Tammy 1/17/O1 ,~,~ ~'~ Page 1 of 1 Wifl Berg from: Scott Rasmussen [sras@micron.net) Sent: Tuesday, January 16, 2001 10:26 PM To: TdeWeerd@aol.com Subject: Re: Public Meeting for new Park Design I would Gke to know why the Meridian City Council would consider a development between Victory and Amity off of Locust Grove for 380 new homes. I would also like to know why the developer did not place signs for this public notice until December 27th, when the town meeting listed was on December 12th. I would like to know how you can allow these developers to continue to get away with this type of action, and not be accountable for failure to property notify the public of their plans. I would like to know what Meridian City has planned for those of us on the south side of the freeway where growth is out of control, where our water pressure dimishes with every new pause that is built (yes, I'm on city water), where the road infastructure is not able to handle the growth, and our schools are over crowded. It seems to me that the city is more interested in filling every vacant field and lot with a home, rather than planning growth in the area. As a citizen of Meridian, I am looking for some answers, I hope you will provide me with some details. 1117/01 r~ Page 1 of 1 .'~, Will Berg From: TdeWeerd@aol.com Sent: Wednesday, January 17, 2001 12:49 AM To: bergw~ci.meridian.id.us; stiless@ci.meridian.id.us Subject: Fwd: Public Meeting for new Park Design I need to respond to this person. Can either of you offer any suggestions or comments to his questions? Have you any idea what he is referring to in regards to pasting in the first paragraph? I would appreciate any help you can lend... Thanks, Tammy 1/17/01 Y NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the and the Laws of the State of Idaho, that the Ci Ordinances of the Ci ty of Meridian a public hearin at the Meridian Ci ~ Council of the Ci g ty Hall 33 East Idaho Avenue ~ of Meridian will hold hour of 6:30 ,Meridian, Idaho, at the P•m. on June 5, 2001, for the application of Gem Park II Partnership for pre rn naSe of reviewing and considering the and 39 other lots on 158.21 acres in a ro ~ Plat approval of 353 building lots Subdivision; P Posed R-4 zone for proposed Tuscany Lakes Furthermore, the applicant also requests a Conditio planned residential development in a proposed R_4 z nal Use Permit to construct a Subdivision generally located south of East Victo one for proposed Tuscany Lakes Road. ry Road and west of South Eagle A more particular description of the above property is on fi ' office at Meridian City Hall, 33 East Idaho Avenue, and is avails le m the City Clerk's regular business hours, Monday through Friday, from 8:00 a.m. bole for inspection during A copy of the application is available upon request. An Oa P m persons shall be heard at said public hearing, and the public is we come anldfnterested invited to submit testimony. Oral testimony may be limited to three (3) minutes per person. Written materials may be submitted seven (7) days prior to the above hearing date so that atl interested parties may examine them prior to the hearing. All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 72 hours prior to the public meeting. DATED this 8th da of Ma 2001 A~ "`~, ,,~ ~A~ "~, •,_ WILLIAM G: BERG, ., TY ~LE ~, i ~ ~ • a ~•" PUBLISH 11th and 25th of May, 2001. ~°~d,~~,~~~"~ y`~~s°~'~x.°`~` ~p p~{a, g "~ .tea'. ,y.> r; ~~.,. F ~4 ~"`s FILE COP Y BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 06-19-01 IN THE MATTER OF THE ) Case No. PP-00-024 REQUEST FOR PRELIMINARY ) PLAT FOR TUSCANY LADES ) FINDINGS OF FACT AND SUBDIVISION BY GEM PARK ) CONCLUSIONS OF LAW AND II PARTNERSHIP ) DECISION AND ORDER OF DENIAL OF PRELIMINARY PLAT The above entitled matter coming on regularly for public hearing before the City Council on June 5, 2001, and continued until June 19, 2001, at the hour of 6:30 o'clock p.m., at the Meridian City Hall, 33 East Idaho, Meridian, Idaho, and the City Council takes judicial notice of its action of the denial of the application for annexation and zoning in Case No. AZ-00-023, and the hearing was opened on the preliminary plat application and Shari Stiles, Planning and Zoning Administrator, and Gary Smith, Public Works Director, appeared and testified, and appearing and testifying on behalf of the Applicant was: Dent Brown of Brigss Engineering, Inc., and appearing and testifying with comments/concerns or in opposition were: Herman Pullman, Rex Young, Mary DeChambeau, and Greg Johnson, and the City Council based upon its Findings of Fact and Conclusions of Law and Decision and Order in Case No. AZ-00-023 does hereby deny the application for preliminary plat approval. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF PRELIMINARY PLAT GEM PARK II PARTNERSHIP FOR TUSCANY LAKES SUBDIVISION (PP-00-024) - 1 FINDINGS OF FACT 1. It is found that the Recommendation To City Council of the Planning and Zoning Commission is not reasonable nor appropriate for the conditions of approval of the preliminary plat due to the denial of the annexation and zoning in Case No. AZ-00-023. DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code Section 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER, that based upon the denial of the annexation and zoning in Case No. AZ-00-023, the Council does hereby deny the application for preliminary plat approval. By action of the City Council at its regular meeting held on the ~ da of ~- Y U 2001. By: City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Publ~' ~~ ~.,~ Departm t and City Attorney. ,~ „i ~~ ,a. '~ _ ~~ ~ BY~ ~ / Dated: ~ ~3 ~~~ '~~ City Clerk Z:\Work\A4\Meridian\Meridian 15360M\Tuscany Lakes Sub AZ-00-023 PP-00-024 CUP-00-052\FFC~, ~~ ,~ FINDINGS OF FACT AND CONCLUSIONS OF LAW `~ f z . ~M~~ AND DECISION AND ORDER OF DENIAL OF PRELIMINARY PLAT +' GEM PARK II PARTNERSHIP FOR TUSCANY LAKES SUBDIVISION (PP-00-024) _ 2