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Woodbridge Community PP 00-003Mayor ROBERT D. CORRIE City Council Members CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Fax (208)888-4218 LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208)884-5533 • Faz 887-1297 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: January 21, 2000 TRANSMITTAL DATE: January 10, 2000 HEARING DATE: February 8, 2000 FILE NUMBER: PP -00-003 REQUEST: PRELIMINARY PLAT FOR WOODBRIDGE BY: WOODBRIDGE COMMUNITY, LLC LOCATION OF PROPERTY OR PROJECT: EAST SIDE OF SOUTH LOCUST GROVE, '/4 MILE SOUTH OF FRANKLIN ROAD KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHERIE McCANDLESS, C/C KEITH BIRD, C/C TAMMY de WEERD, C/C WATER DEPARTMENT SEWER DEPARTMENT SANITARY SERVICE BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) _ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT _SETTLERS IRRIGATION DISTRICT _IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) _BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: REQUEST FOR SUBDIVISION APPROVAL PRELIMINARY PLAT AND/OR FINAL PLAT :.1 A 14, 1 n .)nnq PLANNING AND ZONING COMMISSION City,pf,N� evidian City Clerli'wfiee TIME TABLE FOR SUBMISSION: r p- co -DU3 The submission deadline for ALL applications (other than Final Plats and Variances) is 5:00 p.m. of the first business day of every month. Applications must be submitted to the Planning & Zoning Department, located at 200 E. Carlton Ave., Ste. #201, Meridian. NO EXCEPTIONS WILL BE MADE. The Planning and Zoning Commission will hear the request at the monthly meeting following the month that a complete application is received by the deadline date. Incomplete applications will be returned to the applicant and will not be processed until all required application elements are completed. Applicants are encouraged to arrange for a pre -application meeting with a Planner at least ten (10) business days BEFORE the submission deadline to address any concerns or questions regarding the project. GENERAL INFORMATION 1. Name of Annexation and Subdivision: Woodbridge 2. General Location: fast side of South Locust Grove, 1/4 mile S of Franklin Rd. 3. OwnersofRecord: James Griffin (Woodbridge Community LLC- effective 01/05/00) Address: , Zip Telephone: 4. Applicant: Woodbridge Community LLC Address: 100 N. 9th St. Ste 3001".BoiseZip ID 83702relephone: (208)336-3430 5. Engineer: Barry Semple Firm: Tootbman-Orton 6. Name and address to receive City billings- Name: Woodbridge Community, LLC Address 100 N. 9th St. Ste -300, Boise, ID 83702 Telephone: (208) 336-3430 PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres: 50.9 2. Number of building lots: 164 3. Number of other lots: 41 4. Gross density per acre:_ 3.2 5. Net density per acre: 4.3 6. Zoning Classification(s): 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 (Rezone to R-4 pending) 8. Does the plat border a potential green belt? Yes , Five Miie Creek 9. Have recreational easements been provided for? No 10. Are there proposed recreational amenities to the City? Yes Explain Five Mile Creek pathway. 11. Are there proposed dedications of common areas? Yes Explain Private landscaped areas and recreational amenities For future parks? No Explain See question 13. 12. What school(s) service the area? (see below) Do you propose any agreements for future school sites? No Explain Spalding Elementary, 96ri'dia4i Middle School and Meridian High School 13. Are there any other proposed amenities to the City? Yes Explain Future public pathway along Five Mile Creek 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): 4,800 s. f . b. Minimum square footage of structure(s): 1,200 s . f . C. Are garages provided for? Yes Square footage: 400 Minimum d. Has landscaping been provided for? Yes Describe: Landscaping of common areas by developer; yard areas by builder or owner. e. Will trees be provided for? Yes Will trees be maintained? Yes f. Are sprinkler systems provided for? Yes, all areas by pressureized system g. Are there multiple units? No Type: Remarks: h. Are there special set back requirements? Yes Explain: Setbacks allowed per approved conditional use permit #CUP 99-037. i. Has off street parking been provided for? Yes Explain: Driveway Aprons/ garages. J_ Value range of property: $140,000 - $300,000 (per home) . k. Type of financing for development: Conventional 1. Were protective covenants submitted? Yes Date: 01/03/00 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. 4 Woodbridge Community LLC — Statement of Compliance As a representative of O'Neill Enterprises, Inc., the managing member of Woodbridge Community LLC, I hereby state that the proposed Woodbridge development is in compliance with the following conditions. 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by the Ada County Highway District and the Meridian City Ordinance, or as otherwise approved in Conditional Use Permit 99-037 (CUP -99-037). All sidewalks will be five (5) feet in width unless otherwise approved (CUP -99-037). 2. The proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. The development will be connected to City services. 4. Development will comply with City Ordinances except where otherwise allowed by CUP -99-037. 5. The accompanying Preliminary Plat includes all recorded easements and notation of proposed easements. 6. Street names do not conflict with the Meridian City grid system. Scott Beecham, Development Assistant O'Neill Enterprises, Inc. DATE: December 17, 1999 PROJECT: 98048 PAGE: 1 of 1 EXHIBIT "A" WOODBRIDGE SUBDIVISION - PHASE 1 BOUNDARY DESCRIPTION A parcel of land situated in the Slh of the NW 1/4 of Section 17, T.3N., R.1E., B. M., City of Meridian, Ada County, Idaho, more particularly described as follows:, BEGINNING at the 1/4 corner common to Sections 17 and 18 as shown on Record of Survey No. 1199; thence, along the exterior lines of said S1h of the NW1/4, through the following courses: 1) N.00000'00"E., 1329.23 feet to the north 1/16 corner common to said sections 17 and 18; thence, 2) N.89°30'51"E., 1350.25 feet to the northerly prolongation of the easterly line of an existing sanitary sewer easement, the bearing of said line being shown as N. 17'39'54"W. on Instrument No. 95033614, Ada County Records; thence, leaving the exterior lines of said S 1/2 of the NW 1/4, along said easterly sanitary sewer easement and prolongation lines through the following courses:, 3) S. 18-06'44"E., (formerly N. 17039'54"W.), 265.64 feet; thence, 4) S.09°57'09"E., (formerly N.09°30'19"W.), 304.49 feet; thence, 5) S.41 01 1'44"E., (formerly N.40044'54"W.), 394.86 feet; thence, 6) S.42°33'23"E., (formerly N.42006'33"W.), 358.44. feet; thence, 7) S.53°17'37"E., (formerly N.52°20'03"W.), 346.82 feet to a point on the south line of said S1/2 of the NW'/a of section 17; thence, along said south line, 8) S.89°29'53"W., 2266.02 feet to the POINT OF BEGINNING. CONTAINING 50.90 Acres, more or less. EXCEPTING THEREFROM, the right-of-way for Locust Grove Road. SUBJECT TO all Covenants, Rights, Rights -of -Way and Easements of Record. EXHIBIT "B' attached, and by this reference made a part hereof. H:\98048\Exh-Ph1-Bdry.Doc ? (o m � = v Z 0 o v 2 �Z Z m !-'•i 2 m m ? z 70 N) oY) ? 00 z I o G'O N c' L4 r- I N D (n N ;o C 00 O X oco .m a co { r O 70 y mN X- N p . O 2 co O I W 00 � N V W o I a Z co I Z N N m a O ;o m (D c N O 0 x i O ►-3 0 z z 0 z m tziz 0 n m Z m \ �'i cv v �� z,_•-, a f \ O) 0 J urn 1� to �i� C7 O X S. LOCUST GROVE ROAD co -------N00'00'00"E ------- o - — '.. -•.,1329.23.. - — — O tz o Cil o x d 000 o.a� LA .�. lam``... '.. "'... '•m - co to C', m o 03 ''. r7 N rn (0, m.m ��Z I„ W Z D N'o''` 6, t0�.� �g 5gZ m m'L5.605 3..60 , ? (o m � = v Z 0 o v 2 �Z Z m !-'•i 2 m m ? z 70 N) oY) ? 00 z I o G'O N c' L4 r- I N D (n N ;o C 00 O X oco .m a co { r O 70 y mN X- N p . O 2 co O I W 00 � N V W o I a Z co I Z N N m a O ;o m (D c N O 0 x i O ►-3 0 z z 0 z m tziz 0 n m Z m \ �'i cv v �� z,_•-, a f \ O) 0 J urn 1� to �i� I-. When Recorded Please Return to L. Edward Miller I Givens Pursley LLP Suite 200, Park Place 277 North Sixth Street P.O. Box 2720 Boise, Idaho 83701 GRANT DEED FOR VALUE RECEIVED, James F. Griffin, a single man, the GRANTOR, does hereby GRANT, BARGAIN, SELL and CONVEY unto Woodbridge Community LLC, an Idaho limited liability company, whose address is 100 North 9'' Street, Suite 300, Boise, Idaho 83702, the GRANTEE, the real property in Ada County, State of Idaho, more particularly described as follows: The South Half of the Northwest Quarter of Section 17, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho. Excepting therefrom the right-of-way for Locust Grove Road. Grantor hereby covenants to and with Grantee and Grantee's heirs, successors and assigns, that Grantor is lawfully seized in fee simple of the above granted premises, subject only to the matters described on Exhibit A, attached hereto and made a part hereof. TO HAVE AND TO HOLD the said premises with their appurtenances, if existing, including but not limited to, 1) all water and water rights and all other entitlements to receive water for beneficial use upon the property including, without limitation, all rights represented by any decree, license, permit, claim, permit application or storage entitlement; 2) all ditch or canal company shares and/or entitlement to receive water from any such company, association, irrigation district or other water delivery entity; and 3) all ditch rights, easements or rights-of-way associated with any irrigation or other water delivery ditch, canal, lateral or pipeline, unto the Grantee, and Grantee's heirs and assigns forever. And the said Grantor hereby binds himself and his successors to warrant and defend the title as against all acts of the Grantor herein and no other, subject to the matters set forth herein. Dated effective the 4"' day of January, 2000. "GRANTOR" C76ames F. Griff GRANT DEED - I S:\CLIENTS\5267\2\grant deed - final.wpd STATE OF IDAHO ) ) ss. County of Ada ) On this 4" day of January, 2000, before me, a Notary Public in and for the State of Idaho, personally appeared James F. Griffin, known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. GRANT DEED - 2 SACLIENTS\5267\2\grant deed - final.wpd 4t�i- NotaryPublicfor lb 4Nly Residing atiS My commission expires: x I ZL� EXHIBIT A Encumbrances 1 Taxes or special assessments, including irrigation district assessments, not yet due and payable. 2. Right-of-way for Five Mile Creek and the Rights of Access thereto for Maintenance of said Creek. 3. Ditch and Public Utility Easements as the same may exist over said premises. 4. Easement, and the Terms and Conditions thereof: In favor of City of Meridian, an Idaho municipal corporation Purpose Sewer Lines and Manholes and Incidental Purposes Recorded May 17, 1995 Instrument No. 95033514 5. Temporary Construction License and Sewer Easement Agreement, and the Terms and Conditions contained therein: Between James F. Griffin, a single man and City of Meridian, an Idaho municipal corporation Recorded March 18, 1999 Instrument No. 99026433 Purpose Eight inch sewer stub line GRANT DEED - 3 S:\CLIENTS\5267\2\grant deed - final.wpd .. '-fir _ �•+r �_.", ''��yJ 39 • DEED OF_:,,-' .•,-; GIFT 7,04-764 ! _ •_ THIS INDENTURE, Made tris ,2 % day No 1968s between JOHN M. NEITZEL, a bachelor,•of the County of Ada, State of Idaho, the\ party of she first part, and JAliES F. GRIFFIN, of the County of Ada, State of Idaho, the party of the second part, WITNESSETH: 7 -hat the said party -of the first part, for acid in .con- sideration of the love, affection and duty which the said party of the first part has end bears unto the said party of the second part, as also for the better maintenance, support, pro- tection and livelihood of the said party of the second part, does by these presents, give, grant, alien and confirm unto the said party of the second part, and to his heirs and assigns forever, all of the following described real estate, situated in the county of Ada, state of Idaho, to wit: The South Half of the Northwest Quarter (S 112 NW 1/4) of Section Seventeen (17), Township Three (3) North, Range One (1) East Boise Mer- idian, together with all water and water rights thereunto belonging and used in connection there- with. Together with all and singular, the tenements, here- ditaments and appurten�:ices thereunto belonging, or in any- wise appertaining, and the reversion and reversions, remain- der and remainders, rents, issues and profits thereof. TO HAVE AND TO HOLO, All and singular the said prem- ises, together with the appurtenances, unto the said party of the second part, his heirs and assigns forever, as the sole and absolute property of the said second party. IN WITNESS WI;EREOF, the said party of the first part. has hereunto set his hand and seal. the day and year first above written. SEAL) JOHN M. NEITZEL STATE OF IDAHO, COUNTY OF ADA. SS. On this 2-7H' day of November, 1968, before me, the undersigned, a Notary Public in and for said State, person- ally appeared JOHN M. KEITZEL, a bachelor, known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me -that he executed the same. III WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certifi- cate first above written. Notary Public for the St2te-of Idaho- Pesiding at Boise, Idaho_ PZSt O'CiV-K-&- r..:.:2'„ 9- 7 AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ) ss. County of Ada ) JAMES F. GRIFFIN, 705 North 9th Street, Boise, Idaho, being first duly sworn upon oath, deposes and says: That I am the record owner of the property described on the attached application for zoning/annexation (as to Parcel A), and I grant my permission to Woodbridge Community LLC to submit the accompanying application pertaining to that property. Dated this 2� day of August, 1999. C; ames F. SUBSCRIBED AND SWORN to before me the day and year first above written. AFFIDAVIT OF LEGAL INTEREST -1 S:\C1irnts\5267\1\Affidavit of Legal into cst- Gciffmwpd Notary ublic for Idaho Residing at: 5 My Commission Expires: 200b W X91 O'NEILL ENTERPRISES, INC. January 3, 2000 Shari Stiles City of Meridian Planning and Zoning Department 200 East Carlton Meridian, Idaho 83642 Dear Shari, The community of Woodbridge will consist of a variety of housing opportunities, designed to attract a diverse population; active and passive open spaces; recreational amenities including an extensive pathway system and a community center; and, extensive landscape buffers that allow for protection of Five Mile Creek and on-site wetlands. The approval of Conditional Use Permit #99-037 by the Meridian City Council on December 7, 1999 allows for a maximum of 283 homes on 80 acres in Woodbridge, as well as, a number of variances to the Meridian Zoning Ordinance. These variances include dimensional requirements such as setbacks, frontage, cul-de-sac and block length; minimum lot size; minimum home size; and an allowance for common driveway lots. Attached are the adopted Conditions of Approval for your convenience. Specific dimensional allowances are identified in item #14 a., b. and c. on pages 4, 5, and 6. The development of Woodbridge is proposed for two or more phases with the first phase consisting of 164 homesites on the 50.9 acres west of Five -Mile Creek. The balance of the homesites will then be constructed on the east side of the creek in a subsequent phase(s). Please fmd attached our Preliminary Plat application packet for Woodbridge, including: • A statement of compliance • 30 copies of the completed and executed written application form • Proof of current ownership and consent of the recorded owners • A legal description of the property • 30 copies of the preliminary plat • A map of the entire area scheduled for development • 30 copies of a vicinity map identifying existing uses within % mile of the Woodbridge site • 30 copies of a map at 1"=300' indicating recorded lots within 300' • A traffic impact study • Proposed restrictive covenants • A soils study/groundwater monitoring report I am pleased to submit this preliminary subdivision plat application for the first phase of the Woodbridge community to the City of Meridian. As always, please do not hesitate to call me at 208.333.2411 with any questions. Sincerely, Scott Beecham Attachments 100 North 9th Street, Suite 300 ■ Boise, Idaho 83702 • (208) 336-3430 ■ fax: (208) 336-5296 [As approved by City Council at December 7, 1999 City Council Hearing] Conditions of Approval Woodbridge Planned Residential Development City of Meridian CUP No. 99-037 November 9, 1999 Introduction Woodbridge Community LLC (the "Developer") has submitted an application for a planned residential development (the "Development" or "Woodbridge") on an approximately 81 acre parcel ("Parcel A") on the east side of Locust Grove Road approximately 1/4 mile south of Franklin Road. The Developer has also submitted applications to annex Parcel A and an adjacent Parcel B, and to zone Parcel A as R-4 and Parcel B as L -O. Any future development on Parcel B shall be subject to the conditions of approval set forth below in Paragraphs 2 and 15. No development is planned at this time on Parcel B. Conditions of Approval Annexation and Zoning Annexation and Zoning - Parcel A. The City shall annex Parcel A into the City and zone Parcel A as R-4. 2. Annexation and Zoning - Parcel B. The City shall annex Parcel B into the City and zone Parcel B L -O. 3. Plat Compliance with Code. All plats in the Development shall comply with the requirements of Idaho Code Section 50-222(a). Specific Development Requirements 4. Master Site Plan. The Development shall be constructed substantially in accordance with the Master Site Plan attached as Exhibit "A." The Master Site Plan is a guide for the Development, recognizing the need for flexibility during the platting process. 5. Maximum Number of Units. The Development shall contain no more than 283 units. r.. 6. Open Space. The Development shall include a minimum of 14 acres of open space generally consistent with the Master Site Plan. The term "open space" shall include, without limitation, an active recreation area and community center, pocket parks, linear parks along roadways, greenbelt corridors along Five -Mile Creek, on-site wetlands and corridors between neighborhoods. To the extent it is not located in the ACHD right-of-way, the Developer shall convey the open space to a homeowners' association following both the final plat approval for the phase of the Development in which the open space is contained and the completion of the improvements. 7. Access. a. Primary Access. Primary Access shall be from Locust Grove Road and shall incorporate a landscaped traffic divider at the entryway (illustration 1 to the Master Site Plan). b. Secondary Vehicular Access. The Developer shall provide a secondary vehicular access point to the boundary of Woodbridge to the south/southeast as shown on the Master Site Plan (or at another point as otherwise mutually agreed by the Developer, the City and ACRD). The second vehicular access shall be identified prior to the submittal of the final plat on any property to the east of Five Mile Creek. The secondary vehicular access shall be operable prior to the issuance of the 200`h building permit for the Development. C. Emergency Access Location. The Developer shall construct emergency access to the juncture of Weatherby Drive and the property line adjacent to Greenhill Estates prior to the issuance of the 100``' occupancy permit for the Development. Until the 166`h certificate of occupancy is issued, the emergency access may be an unpaved all-weather surface. The Developer shall construct or cause to be constructed an 18 -foot -wide all-weather grasscrete surface between Greenhill Estates and the Development including a five-foot wide meandering pathway or another design approved by ACHD, the City and the Developer; and shall install knock -down bollards at the property line to prevent use except in case of emergencies. All designs shall be approved by ACHD and the City. Developer will also put these improvements within a dedicated 50 -foot right-of-way which would allow for a permanent vehicular access point if, as and when the ACHD determines it should become the secondary access (or a permanent access). I0•, 8. Locust Grove Landscaping Strip. The Developer shall install landscaping along Locust Grove Road per the plans attached as illustrations 2 and 3 to the Master Site Plan or as otherwise required by ACHD. Developer shall construct the landscape buffer generally consistent with these plans in lieu of the twenty (20) foot "landscaping strip" requirement of Meridian City Code § 11-9-605.G. Developer shall submit detailed landscape plans (consistent with illustrations 2 and 3) for City staff approval. 9. Pathways. a. Public Roadways. Public pathways and sidewalks will be constructed along all roadways within the Development as identified on the pathway plan attached to the Master Site Plan as illustration 4. An eight (8) foot wide asphalt public pathway will be constructed along, but detached from, Locust Grove Road and Woodbridge Drive. Five (5) foot concrete sidewalks will be constructed on both sides of all neighborhood roads as well as the loop road identified on the east side of the Development. b. Five Mile Creek. A soft surface pedestrian pathway will be constructed along Five Mile Creek as generally depicted on the Master Site Plan, illustration 4. This pathway shall be made available for public use at such time that the pathway can be connected to a larger public pathway system beyond the boundaries of the Development. C. Private Pathways. Private pathways will be constructed within the Development allowing for direct connections between individual neighborhoods and other segments of the overall pathway plan, generally as depicted on the Master Site Plan, illustration 4. 10. Five Mile Creek Enhancement. In cooperation with the Nampa & Meridian Irrigation District ("NMID") and all affected agencies, the Developer will protect and enhance Five Mile Creek and adjacent wetlands consistent with the Master Site Plan and applicable laws. 11. Community Center. The Development shall include a community center designed and constructed in a location consistent with the Master Site Plan. The community center shall include the following amenities, at a minimum: • Multi-purpose room • Restrooms/Changing rooms • Mechanical/Equipment room • Swimming pool • Spa or children's wading pool • Resident drop-off and parking 12. Home Types. The Development shall consist of a mix of homesite types designated A, B, C and D as set forth on the Master Site Plan. The location and mix of lot types shall be determined by the Developer based on market demand, with the aggregate total not to exceed 283 units. The lots located east of Five Mile Creek on the northern border of the Development adjacent to the Greenhill Estates Subdivision shall be limited to Type D lots. Approved Deviations from Subdivision and Zoning Requirements 13. Inapplicability of Certain PD -R Requirements. The City acknowledges that, due to the fact the Development consists of single family residential construction, the following planned development - residential ("PD -R") application and corresponding substantive requirements do not apply to the Development: a. Submission of specific elevation exhibits. b• Specification of architectural style and building design. C. Submission of building materials and color. d. Designation of garbage, storage and public parking areas. e. Designation of storage areas, guest parking spaces and maintenance building. 14. Special Standards for the Woodbridge Community. The following standards shall apply to the Development in lieu of the corresponding standards in the zoning and subdivision ordinances: 11 a. Homesite Dimensional Standards: (1) All front yard setbacks shall be measured from back of sidewalk. See illustration 5 in Master Site Plan. (2) Identifies front yard setbacks for: side -entry garage/living area/garage face. See illustrations 5 and 6 in Master Site Plan. (3) Identifies rear yard setbacks for: detached garages/attached garages and living areas. See illustration 7 in Master Site Plan. (4) Zero lot line allowance for detached garages and associated living area only, all living area within the primary dwelling is to be set back a minimum of 5 feet. See illustration 7 in Master Site Plan. (5) Homesites on, or adjacent to, common driveway lots (defined and regulated below), flag lots, outside comer lots, and cul-de-sac streets may have a lesser frontage. The minimum frontage exceptions for these lots are as foilows: Flag lots: Outside corner lots: Cul-de-sac streets: Cul-de-sac bulb: Lots taking access from common driveway lot 61 20 feet minimum 30 foot chord minimum 60 foot minimum 30 foot chord minimum No frontage required on public street Front Interior Homesite Minimum Lot Size Yard Setback Rear Yard Side Yard Street Side Yard Maximum Building Minimum Street Type (Sq. Feet) (1) Setback Setback Setback Height Frontage Type A 4,800 10715720' 5'/15' 075' 15' 35' 48' (2) (3) (4) (5) Type B 51,500 15' S' 15' 35' 55' {/15'/20' (5) Type C 7,500 10 10'/15'/20'15' S' 15' 35' 75) Type D 8,000 107 15720' 15' S' 1S' 35' 80' (5) (1) All front yard setbacks shall be measured from back of sidewalk. See illustration 5 in Master Site Plan. (2) Identifies front yard setbacks for: side -entry garage/living area/garage face. See illustrations 5 and 6 in Master Site Plan. (3) Identifies rear yard setbacks for: detached garages/attached garages and living areas. See illustration 7 in Master Site Plan. (4) Zero lot line allowance for detached garages and associated living area only, all living area within the primary dwelling is to be set back a minimum of 5 feet. See illustration 7 in Master Site Plan. (5) Homesites on, or adjacent to, common driveway lots (defined and regulated below), flag lots, outside comer lots, and cul-de-sac streets may have a lesser frontage. The minimum frontage exceptions for these lots are as foilows: Flag lots: Outside corner lots: Cul-de-sac streets: Cul-de-sac bulb: Lots taking access from common driveway lot 61 20 feet minimum 30 foot chord minimum 60 foot minimum 30 foot chord minimum No frontage required on public street b. Common Driveway Lots: The Development may include common driveway lots, which are separately platted, non -buildable lots designed to consist of a paved common driveway to serve other lots. Common driveway lots shall be owned and maintained by the Homeowner's Association. The following criteria shall apply to common driveway lots in lieu of any other requirements of the subdivision or zoning ordinance: Maximum length (at common driveway line): 150 feet Minimum width: 20 feet Minimum pavement width: 20 feet* Minimum building setback: 10 feet Minimum frontage: 20 feet Minimum on -lot driveway length: 20 feet* Maximum number of lots taking access from a single common driveway 4 lots *Unless the City Fire Department approves a narrower width or shorter length C. Subdivision Requirements. To facilitate proper design and to accommodate topography, the following subdivision ordinance requirements shall not apply to the Development (i.e. the minimum and maximum lengths defined in the ordinance shall not apply): i. Cul-de-sac length on the cul-de-sac street south of the community center generally as shown on the Master Site Plan. ii. Block length. 15: Parcel B Development. Any future development on Parcel B shall require that the Developer obtain a conditional use permit and comply with the planned development requirements of the City. General Conditions. 16. Compliance with Zoning and Subdivision Requirements. The Development shall meet all of the requirements of the R-4 zone, except as specifically set forth elsewhere in these Conditions of Approval. The Development shall also comply with the requirements of the Zoning and Subdivision Ordinances, to the extent those requirements are not inconsistent with these conditions of approval in accordance with an approved planned development application. The intent is that 2 specific subdivision, zoning and other City ordinance requirements will be applied so as to allow the implementation of the Master Site Plan and the general intent of the Development Applications. 17. Installation of Infrastructure and Utilities. Subject to the conditions set forth elsewhere in this Agreement, the Developer shall construct or cause to be constructed all sanitary sewers, storm drains, pumping stations, water mains and appurtenances, fire hydrants, curbs, gutters and sidewalks, pressurized irrigation systems, electrical transmission lines, natural gas lines, telephone lines, sidewalks, cross drains, street surfacing, street signs, street lighting and barricades as well as any and all other improvements required to build the Development generally consistent with the Master Site Plan. The improvements defined in this paragraph are hereinafter referred to as the "Infrastructure". The Developer shall have the flexibility to design and build the Infrastructure in a way that implements the Master Site Plan and to meet the requirements of the agencies and entities having jurisdiction over the Infrastructure. The Infrastructure for the Development shall be dedicated to the appropriate public entities, which shall assume all obligations to maintain the Infrastructure. 18. Water and Sewer Sizing and Routing. Developer shall coordinate water and sewer sizing and routing with the Public Works Department. To the extent Developer is required to construct sewer or water lines larger than required to serve the Development, the Developer and the City shall enter into an appropriate late -comers agreement to reimburse Developer for the excess costs incurred by Developer as allowed by City Ordinance. 19. Underground Utilities. All utilities within the Development will be installed underground. 20. Road Sections. The Developer shall construct road sections generally consistent with the street sections included as illustrations 3, 8, 9 and 10 in the Master Site Plan. 21. Irrigation System. Subject to the approval of the NMID, Developer shall design and construct a pressurized irrigation system that NMID will own and operate. This system will cover all common area landscaping and private yard areas within the Development. 22. Other Irrigation and Drainage Ditches. With the exception of Five Mile Creek, all existing irrigation and drainage ditches crossing the property shall be tiled per City Ordinance 11-9-605.M or Developer shall provide an alternative delivery system. The ditches to be tiled and/or alternative delivery systems shall be shown 7 on the preliminary plats. Plans must be approved by the appropriate imgation/drainage district, or lateral users association, as required by law, with written confirmation of the approval submitted to the Public Works Department. 23. Existing Wells and Septic Systems. Existing domestic wells and /or septic systems on Parcel A must be removed from domestic service per City Ordinance Section 5-7-517. Existing wells may be used for non-domestic purposes such as landscape irrigation. 24. Flood Plain Permits. Developer shall obtain any permits for Flood Plain Development that are required by City ordinance per criteria outlined in the ordinance. 25. Signage. Detailed signage plans will be subject to design review and separate permits as required by the terms of the Development Agreement and the approved Conditional Use Permit. 26. Trash Enclosures. Developer shall coordinate locations and construction requirements for the community center trash enclosures with Meridian Sanitary Service, Inc. ("MSS"), and provide a letter of approval from MSS prior to applying for building permits for the community center. 27. Phasing and Platting. Developer intends to build the Development in two or more phases. To commence the development of a phase, the Developer will submit a plat application for the phase (or several phases or the entire Development as Developer determines in its sole discretion). 28. Infrastructure Installation in Conjunction with Plat. Developer will install the Infrastructure serving the phase as part of the phase, and will not record any plats for subsequent phases of the Development until the Infrastructure for the ongoing phase is completed. All Infrastructure for the Development shall be completed or bonded for completion in a manner generally consistent with the Master Site Plan in conjunction with the final phase of the Development, at the latest. 29. Fencing Details in Plat. Each plat shall address fencing details for the portion of the Development covered by the plat. The perimeter fence shall be of a "good neighbor" design, i.e., the fence shall be of a quality appearance on both sides. 30. As -Built Drawings. For each phase, Developer shall comply with the requirements of the Meridian City Code and duly adopted City Public Works standards and specifications for submission and inspection of plans and as -built drawings for the Infrastructure, as well as the inspection of the constructed Infrastructure. 31. Incorporation into Development Agreement. These conditions of approval shall be incorporated into a Development Agreement to be approved by the City Council, which shall replace these conditions and the final Development Agreement and shall be the guiding document for assessing future plats in the Development. Provided, however, that the provisions of the Subdivision and Zoning Ordinances shall continue to apply to the Development to the extent those provisions are not inconsistent with these conditions of approval. These conditions of approval and the Development Agreement shall act in lieu of any subdivision or zoning ordinance requirements that are inconsistent with these conditions in accordance with an approved planned development application, whether currently contained in the Meridian City Code or subsequently adopted. S:\Clients\5267\I\conditions of approval -clean0l.wpd 0 O'NEILL ENTERPRISES, INC. DATE INVOICE NO. 1-3-00 Preliminary Plat Certified Mailing (WOODBRIDGE) CHECKCHECK DATE / \ I NUMBER CITY OF MERIDIAN "Hub t 'easure Valley' 33 E. Idaho Meridian, Idaho 83642 888-4433 Mr -9 — � Order No. Date S Name OhedlP/ SSS Address /v, �In f. /P� Sie.add /loo ;ISS 37d) IPhone: SOLD BY „CASH' C.O.D. CHARGE ON ACCT. MDSE RETD. PAID OUT IJP , fHClj'^vl- wr1-6z1"y.,35D 00 All-, ,qD I i i I I I i All claims and returned goods MUST be accompanied by this bill. TAX 0009418 Ry TOTAL GS -202-2 PL PRINTED NTED IN U.S.A. PpSOYINK - C�/ 6tA/ FOR SECUt FIRST SECURITY BANK OF IDAHO U U z O'NEILL ENTERPRISES, INC. Boise, Idaho 83730 100 N. 9th STREET, SUITE 300 92.6/1241 BOISE, IDAHO 83702 TWO THOUSAND FIVE HUNDRED TWENTY—NINE AND PAY TOTHE City of Meridian ORDER 200 E. Carlton OF Meridian, ID 83642 DATE CHECK NO. AMOUNT Jan. 3, 2000 9927 $2529.92 THE REVERSE SIDE OF THIS DOCUMENT INCLUDES AN ARTIFICIAL WATERMARK - HOLD AT AN ANGLE TO VIEW 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 8, 2000 for the purpose of reviewing and considering the application of the City of Meridian for the preliminary plat for Woodbridge generally located south of Locust Grove and south of Franklin 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 to submit testimony. DATED this 10th day of January 2000. PUBLISH January 14 and January 28, 2000 WILLIAM G. BERG, JR., T CLERK Orr SEAL .Q Q Go M E O LL N m y a) C maacn�m mom yQ CL ocIn 1°O a) cu'E�'E� E a) �m�cc� ¢ EmNom aa) >>�n N co X C a c 'gyp O E o W E a a) JC. a m c ° L cl ° H .; T Q a) LL C S - a E�mmmm c G V .m Y aa) ��nNvm E cro - cn LL u EEE c L U 'doo' p ¢� �a-o o N d a�UW Sai �cd�c o'mE&F co g°mZ5 w a E >L N r (d =U) a) .- LL a) N A _U jaEo°n U N NW U t� C(n c N Dii ��~��'a -ca m -_E c E m m '- m ¢ LL O c j ca 0 O N E 8 N y0 'CQ C O� D. 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U om m �c OU- m�E�w`L Ey'xoo a ¢aa' 2 ¢U- a E�Eo0aa) awaoya 3 a y O N OC VI C ha w p p «'- E O).X Z aci00 E' U U ❑❑ �=m =U 0 CO�onc�E ° �� c c D m aE a c 9`moa c°0 � � O noo.Sch y rn N m a c > ti N Ca) C� m Q 0 > � c a m� o N o Z4 Z O C a) a) N V c.' -.2 8 c U Q - ro n m2co� 3m Q O c``0cFi oE— GCl `y U O.c� 75 N c a LaUiv°,om O ° Q.0 `c c a.50�� _ n cr U m ¢U �p O DIE] DIo Y C E a o 2 W o -,Q� y N aEy� a N ^ ¢C Z F- Y (j o N OO H p U 0 OE30 �-r LU : Q o E � � 2 V 0 \' 3 a K- -O Q O C) � O N m a LLi 012 a O (YN O O O CL V Z cu Gf C �1 Z > \ M V � cmi \ M (� rte- ¢ O1 2 O) . c H N N N a c N a Evin H �° za o a NCO E M U) LO N � E Z T T T ° LL ♦ i , TOOTHMAN-ORTON ENGINEERING COMPANY CONSULTING ENGINEERS, SURVEYORS AND PLANNERS 9777 CHINDEN BOULEVARD BOISE, IDAHO 83714-2008 208-323-2288 • FAX 208-323-2399 boise@toengrco.com January 3, 2000 Mr. Gary Smith, City Engineer City of Meridian 200 East Carlton Meridian, Idaho 83642 Re: Groundwater Monitoring Site Report Dear Gary: Enclosed is a preliminary subsurface evaluation report prepared by Strata, Inc. Strata's scope of work included the installation of nine (9) groundwater monitoring wells. A site plan showing the location of each monitoring well is included with Strata's report. Toothman-Orton Engineering has been monitoring the groundwater elevations for each well from August to November. Attached is the groundwater monitoring log for this period of time. Leaky irrigation ditches adjacent to the site have influenced the groundwater elevations for monitoring wells TP -5, TP -6, TP -7, and TP -8. As indicated on the attached Table 1, once the irrigation season had terminated in early October, the groundwater dropped significantly at each of these monitoring wells. Sincerely, TOOTHMAN-ORTON ENGINEERING COMPANY Rick Collingwood, P.E. H:\98048\WPFILES\GWMLOG.LTR BOISE • COEUR d'ALENE • McCALL TABLE 1 WOODBRIDGE - GROUNDWATER MONITORING WELLS DATE TP -1 TP -2 TP -3 TP -4 TP -5 TP -6 TP -7 TP -8 TP -9 8/24/99 13' (Dry) 12.4' (Dry) 11.1' (Dry) Plugged 9.2' 3.5' 4.9' 9.4' 8/31/99 13' (Dry) 12.4' (Dry) 11.1' (Dry) Plugged 9.3' N/A - Field 7.5' 9/8/99 13' (Dry) 12.4' (Dry) 11.1' (Dry) Plugged 10.4' Flooded 7.5' 4.0' 10.3' 9/14/99 13' (Dry) 12.4' (Dry) 11.1' (Dry) Plugged 8.6' 8.0' 3.9' 9.0' 9/21/99 13' (Dry) 12.4' (Dry) 11.1' (Dry) Plugged 8,6' 8.6' 3.5' 9.9' 10/4/99 13' (Dry) 12.4' (Dry) 11.1' (Dry) Plugged 9.5' 10.5' 4.0' 9.8' 10/12/99 13' (Dry) 12.4' (Dry) 11.1' (Dry) Plugged 10.4' 4' 11.5' (Dry) 4.3' 9.0' 10/25/99 13' (Dry) 12.4' (Dry) 11.1' (Dry) Plugged 10.9' (Dry) 5.8' 11.5' (Dry) 5.7' 10.0' 11/8/99 13' (Dry) 12.4' (Dry) 11.1' (Dry) Plugged 10.9' (Dry) 7.1' 11.5' (Dry) 6.6' 10.8' Notes: 1. All measurements taken from ground level at monitoring wells. 2. Monitoring well TP -4 plugged with soil to 3.5' below ground level. 3. Groundwater levels for monitoring well TP -5 influenced by drain ditch from Locust Grove Heights Subdivision which discharges onto property. Prior to development, this discharge will be channeled to existing wetland area. 4. During the irrigation season, an irrigation ditch at the northeast corner of property discharged water onto property, flooding the northeast portion to Five Mile Creek. Monitoring well TP -6 was flooded until the irrigation season terminated in early October. 5. Monitoring wells TP -7 and TP -8 were also affected by the leaky irrigation ditch at the northwest corner and the easterly boundary of the property. H: \98048\gpfi les=wood bridge-wel Is. xis REPORT Preliminary Subsurface Evaluation O'Neill Residential Development Meridian, Idaho June 28, 1999 REPORT Preliminary Subsurface Evaluation O'Neill Residential Development Locust Grove Meridian, Idaho PREPARED FOR: Mr. Barry Semple Toothman-Orton Engineering Company 9777 Chinden Blvd. Boise, Idaho 83714 PREPARED BY: Strata, Inc. 8653 W. Hackamore Drive Boise, Idaho 83709 (208) 376-8200 June 28, 1999 TABLE OF CONTENTS PAGE INTRODUCTION...............................................................................................................1 PROPOSEDCONSTRUCTION..........................................................................................2 SITEDESCRIPTION..........................................................................................................2 FIELDEXPLORATION...................................................................................................... 3 LABORATORYTESTING................................................................................................. 4 SUBSURFACECONDITIONS...........................................................................................4 OPINIONS AND RECOMIVIENDATIONS......................................................................... 5 General............................................................................................................................. 5 Seismicity......................................................................................................................... 6 Temporary Excavation Support........................................................................................ 6 Temporary Grading and Dewatering................................................................................. 6 UtilityTrench Backfill ...................................................................................................... 6 SitePreparation/Earthwork.............................................................................................. 7 Wet Weather/ Wet Soil Construction................................................................................ 8 BearingSoil......................................................................................................................9 Foundations....................................................................................................................10 Floor Slab, Sidewalk, and Pavement Areas.....................................................................11 Surface Grading and Drainage........................................................................................12 REVIEW OF PLANS AND SPECIFICATIONS................................................................13 CONSTRUCTION OBSERVATION AND TESTING......................................................13 EVALUATIONLIMITATIONS........................................................................................14 S T R a T a GEOTECHNICAL ENGINEERING 6 MATERIALS --STING REPORT Preliminary Subsurface Evaluation O'Neill Residential Development Locust Grove Meridian, Idaho INTRODUCTION This report presents the results of our preliminary subsurface evaluation for the proposed residential development located on the east side of Locust Grove in Meridian, Idaho. The purpose of this evaluation was to assess the subsurface conditions for development of site infrastructure, roads and utilities including on-site stormwater disposal. Preliminary design criteria for street pavement and acceptable bearing soil for residential structures was also to be provided. To accomplish this evaluation, we performed the following scope of work: 1. Contacted utility mark -out prior to performing our subsurface evaluation. 2. Reviewed existing pertinent geotechnical data for geologic interpretation of the area, which included the site of the proposed project, as shown on Plate 1, Vicinity Map. 3. Performed a subsurface evaluation by subcontracting for and observing the excavation of nine exploratory test pits. The soils encountered in the test pits were visually identified and logged in the field by our field engineering technician in accordance with the Unified Soil Classification System (USCS). Field testing was performed and select soil samples were obtained for further identification and laboratory testing which included: one percent passing the No. 200 sieve, two in situ moisture content test, two in situ unit weight tests and four Atterberg limits tests. 4. Installed perforated 2" pvc pipe to determine depths to ground water across the site. Two of those locations were utilized to perform percolation rate tests. 5. Performed analyses based on the information obtained from the above items, and prepared preliminary geotechnical engineering opinions and recommendations. 6. Prepared this report. S T R a T a GEOTECHNICAL ENGINEERING i MATERIALS -ESTING O'Neill Residential Development File: T00001 -B990054-1 Page 2 PROPOSED CONSTRUCTION The proposed 80+ -acre development will consist of the construction of residential housing, associated utilities and roadways. The site is located on the east side of Locust Grove, south of the intersection of Locust Grove and Franklin Rd. As shown on the Vicinity Map, Plate 1. Footing loads for the buildings are not expected to exceed 2 kips per lineal foot. No grading plans are available at this time. However, there is approximately 15 to 20 feet of vertical relief across the site and, therefore, we anticipate some grading will occur to fill in low areas on the site outside the floodway limits for Five Mile Creek. Stormwater will be retained on site via subsurface disposal trenches or above -ground retention ponds. SITE DESCRIPTION At the time of our subsurface evaluation, the site topography sloped generally towards Five Mile Creek which flows northwest across the middle section of the site. The portion of the site located west of Five Mile Creek is relatively flat with a relative elevation of approximately 20 feet above Five Mile Creek. The site then slopes steeply to the edge of the flood plain of File Mile Creek. The east side of the creek slopes gently upwards toward the northeast corner of the site. At the time of this evaluation, the ground surface was covered with native grasses and was being used for grazing cattle. The site was bounded by residential properties on the north, south and east, and was bordered by Locust Grove on the west. The site has irrigation laterals that traversed across the site and around the perimeter of the property. S T R aT a ' GEOTECHNICAL ENGINEERING 3 MATERIALS 'ESTING O'Neill Residential Development File: T00001-13990054-1 Page 3 FIELD EXPLORATION Nine test pits were observed by Strata at the site on May 11, 1999. The approximate location of each test pit is presented on the Site Plan, Plate 2. The test pits were excavated to a depth of between 7.0 to 12.0 feet below the existing ground surface. The soils encountered at each test pit location were evaluated and the soil profiles were logged in the field by our field engineering technician in accordance with the Unified Soil Classification System (USCS). The individual test pit logs are presented in the Appendix to this report. A brief explanation of the USCS is presented on Plate 3, and should be used to interpret the terms on the test pit logs, and in this report. Field testing of the subsurface soils was conducted using a nuclear densometer in accordance with ASTM D 2922 and D 3017 to evaluate the in-place dry density and moisture content. A pocket penetrometer was also used to evaluate the unconfined compressive strength and undrained shear strength of the surficial, fine-grained soils. The field test results are presented on the corresponding test pit logs. Representative samples of the soils encountered in the test pits were obtained for further laboratory evaluation. At the conclusion of our subsurface evaluation, the test pits were loosely backfilled even with the existing ground surface to reduce the hazard associated with open excavations. The test pit locations were staked and the stakes were labeled. We understand that the test pits will be accurately located in the field by the project civil engineer. We recommend that the actual test pit locations be transferred to the grading and drainage plan in the construction documents, and a bid item created for re -excavation and refilling of the former test pits with structural fill. All test pits located beneath proposed building, pavement, or sidewalk areas should be re -excavated and S T R a T a ' GEOTECHNICAL ENG. VEERING t MATERIA_S TESTING O'Neill Residential Development File: T00001 -B990054-1 Page 4 backfilled with structural fill in accordance with the Site Preparation/Earthwork section of this report. This will help to reduce localized settlement. LABORATORY TESTING Select samples obtained from the test pits were further evaluated by laboratory testing which included: one percent passing the No. 200 sieve, two in situ moisture content test, two in situ unit weight tests and four Atterberg limits tests. The tests were performed in accordance with American Society for Testing and Materials (ASTM) procedures. The results of the laboratory testing are presented on the corresponding test pit logs. Soil samples obtained from the project site are currently stored in our laboratory and will be discarded 90 days after the completion of our field work, unless we receive a specific written request to retain the samples for a longer time period. SUBSURFACE CONDITIONS The general soil profile at the site consisted of 1 to 2 feet of native, very stiff to hard, lean clay overlying a layer of sandy silt varying from moderately to strongly cemented. The silt layer varied in thickness from 1.5 to 8.5 feet. Beneath the silt layer was a layer of poorly - graded gravel extending to the final depths of the test pits. The upper 2 to 5 feet of the gravel was moderately cemented. Significant roots and vegetation were observed typically in the upper 6 inches of the surficial clay. The soil profile differed in Test Pits 4 and 5 with the upper layers consisting of silty sands and sandy silts with some gravel and/or cobbles. Groundwater was encountered in Test Pits 4, 5, 6 and 8, all of which were near Five Mile Creek. However, Test Pit 5 was located on a hill approximately 20 feet in elevation above the creek flood plain. The groundwater encountered in Test Pit 5 may be the result of 4s T R a T a GEOTECHNICAL ENG VEERING i MATERu4S TESTING O'Neill Residential Development File: T00001 -B990054-1 Page 5 flood irrigation from the adjacent houses of Locust View Heights Subdivision. Groundwater was not encountered in the test pits on the northeastern and western portion of the site. We anticipate the depth to groundwater will vary with irrigation practices. We recommend the observation wells be monitored on a monthly basis throughout the year to estimate maximum high water level. Once irrigation laterals are piped throughout the site, the depth to groundwater should increase. OPINIONS AND RECOMMENDATIONS General It is our opinion that the site is suitable, from a geotechnical standpoint, for the proposed project. However, the areas surrounding Test Pit 6 may require special consideration due to high groundwater and perched seeping groundwater. It is our opinion the native clay approximately one foot below the existing ground surface, or structural fill placed over this layer would be suitable for support of pavements and single-family residences with the exception of the area around Test Pit 6. We recommend that residential development be restricted to the areas outside the 100 -year flood plain. The recommendations contained in this report reflect our general understanding of the proposed development. Once design plans are developed, we should review these plans with respect to our preliminary subsurface evaluation. The report recommendations reflect a straight-line interpolation and extrapolation of the subsurface conditions between and beyond the test pit locations. However, the soil conditions may vary at the proposed site. The variation in soil conditions will not be known until construction, and may cause changes to construction plans and/or costs. S T R a T a ' GEOTECHNICAL ENGINEERING & MATERIALS TESTING O'Neill Residential Development File: TOOOOI-B990054-1 Page 6 Seismicity According to the 1997 Uniform Building Code (UBC), the project site is located in Seismic Zone 2B. The general subsurface soil conditions are consistent with UBC Soil Profile Type Sc. Temporary Excavation Support Temporary excavation support in the form of steel or timber shoring or flattened side slopes with a maximum slope of 1:1 (horizontal to vertical) for cemented soil should be provided for all excavations exceeding a depth of 5 feet. Excavations in soils with no potential for cave-in and to a depth of less than 5 feet can be constructed with vertical sides. Sloughing of granular soils could occur during the excavation, when the soils are dry, or if wetted during periods of precipitation. Appropriate precautions should be taken to protect workers from being injured by loose material falling into the excavation. All excavation and temporary support should be performed in accordance with applicable OSHA standards. Temporary Grading and Dewatering Grading of areas adjacent to excavations should be performed such that runoff is prevented from entering the excavation. Any water which does accumulate in excavations should be removed with conventional gravel sumps and pumps, before placing structural fill, foundations or utilities. Utility Trench Backfill All saturated, loose or disturbed soil should be removed from the bottom of utility trenches before placing pipe bedding. Bedding of pipes in utility trenches should be accomplished in accordance with the latest edition of the Idaho Standards for Public Works Construction IS T R a T a ' GEOTECHNICAL ENGINEERING d MATERIALS TESTING O'Neill Residential Development File: T00001 -B990054-1 Page 7 (ISPWC). Backfill should be placed and compacted in utility trenches in accordance with the Site Preparation/Earthwork section of this report. Site Preparation/Earthwork We recommend that all test pits be accurately located in the field prior to site stripping and/or construction. Any test pit that is located beneath a future pavement, sidewalk, or building area should be re -excavated and backfilled with structural fill that is placed and compacted in accordance with this report. This procedure will help to reduce local settlement. We recommend that the surficial clay containing roots and vegetation be completely stripped from the proposed building, sidewalk, and pavement areas. Based on our subsurface evaluation, the stripping depth should be about 6 to 8 inches. However, the stripping depth may be up to 1.0 foot in a few isolated areas. The stripped soil containing roots and vegetation could be stockpiled and later used in landscape areas as non-structural fill. Following the completion of the stripping, removal, and test pit remediation operations as described above, we recommend that the exposed clay subgrade be proofrolled with a minimum of five passes of a roller with a minimum drum weight of 5 tons. Any soft or unstable soils observed during the proofrolling operation should be removed to stable, undisturbed soil and be replaced with structural fill. We recommend that Strata be retained to observe the proofrolling operations to verify that all soft, unsuitable or unstable soil has been removed and replaced as recommended in this report, and that proofrolling is accomplished as described above. After completing all of the stripping, and proofrolling operations, structural fill should be placed and compacted to floor slab, sidewalk, and pavement subgrade elevations. Structural fill may also be required beneath some footings as described in the Bearing Soil section of this report. S T R a T a GEOTECHNICAL ENG VEERING i MATERIAu'ESTING O'Neill Residential Development File: T00001-13990054-1 Page 8 Structural fill could consist of previously excavated on-site clay, cemented silt/sand or gravel from deep excavations such as utility trenches and basement excavations. The clay and silt will need to be moisture conditioned to near -optimum moisture for compaction. At the time of our study these soils were slightly above their optimum moisture for compaction. These soils are moisture sensitive and can be difficult to compact during wet weather. Off-site structural fill should consist of soil classified as sand and/or gravel (GW, GW -GM, GP, GP -GM, SW, SW -SK SP, SP -SM) as described in the Unified Soil Classification System presented on Plate 3. Off-site structural fill should have no more than 10% passing the No. 200 sieve and a maximum cobble size of 6 inches. Structural fill should be placed to the required subgrade elevation in uniform, maximum 8 - inch -thick, loose lifts and compacted to a minimum of 95 % of the maximum dry density of the soil, as determined by ASTM D 698 (Standard Proctor). This assumes that heavy compaction equipment such as a smooth -drum, vibratory roller with a minimum drum weight of 5 tons is used. The maximum loose lift thickness should be reduced to 6 inches where smaller and/or lighter compaction equipment is used. Strata should be retained to perform field density testing of structural fill to verify contractor compliance with the above minimum compaction criteria. Wet Weather/ Wet Soil Construction We recommend that site construction be undertaken during dry weather conditions. If the site construction, particularly grading of the native clay, is undertaken during wet periods of the year, the native clay will be susceptible to pumping or rutting when subjected to heavy loads from rubber -tire equipment or vehicles which exert a point load. Wet weather earthwork should be performed by low-pressure, track -mounted equipment which spread and S T R a T a ' GEOTECHNICAL ENG VEERING 3 YATERIA_S'ESTING O'Neill Residential Development File: T00001 -B990054-1 Page 9 reduce the vehicle load. Work should not be performed immediately after precipitation. All soft and disturbed areas should be excavated to undisturbed soil and backfilled with structural fill as recommended in the Site Preparation/Earthwork section of this report. Assuming the soil is wet and soft but not disturbed, the initial layer of fill placed over the native soil should be at least 12 inches in depth. Compaction of the fill should be sufficient to preclude pumping of the underlying native soil. Areas adjacent to open excavations should be graded so that surface water cannot enter the excavation and saturate the soil at the bottom. In summary, careful construction procedures are paramount to a successful grading operation if the native clay is wet and soft. Consulting us prior to initiating this type of construction is recommended to maximize earthwork efficiency and achieve a well - performing, stable subgrade. Bearing Soil After completion of the stripping and removal operations described in the Site Preparation/Earthwork section of this report, the remaining, exposed native soils will provide adequate support for the proposed floor slab, sidewalk, and pavement areas. The upper building foundations could bear directly on the very stiff clay (with an undrained shear strength of at least 2.0 ksf), or the underlying weakly to strongly cemented silt, or structural fill placed and compacted over these native soils in accordance with the Site Preparation/Earthwork section of this report. Where structural fill is required in footing areas to raise the grade to footing subgrade elevation, then the structural fill should extend a minimum of 1.0 foot horizontally from the edge of the footing for each 2.0 feet of structural fill placed beneath the footing. S T R a T a ' GEOTECHNICAL ENGINEERING 3 MATERIALS -ESTING O'Neill Residential Development File: T00001-13990054-1 Page 10 We recommend that Strata be retained to observe the exposed native soil surface in all footing trenches, and other building, sidewalk, and pavement areas to verify that the stripping, removal and excavation has been accomplished to the recommended native bearing soil, that all soft or unsuitable soil has been removed as described above, and that all bearing surfaces have been prepared in accordance with this report. Foundations We recommend that shallow foundations be used to support the proposed structures. The following recommendations should be accomplished for all foundations: 1. Strata should be retained to observe all footing excavations to verify that they have been excavated to the recommended bearing soil as described above, and that all bearing surfaces have been prepared in accordance with this report. 2. Exterior footings should be located at least 30 inches below final, exterior grade to mitigate the effects of frost penetration. Minimum strip footing widths should be consistent with the Uniform Building Corte (UBC). 4. All bearing surfaces should be horizontal, and all loose soil or water in the bottom of footing excavations should be removed and the trench bottom over -excavated to undisturbed soil prior to forming and pouring footings. 5. Structural fill placed beneath building footings should extend a minimum of 1 foot horizontally for each 2 feet of thickness placed beneath the footings. The horizontal dimension is measured from the edge of the footing. 6. If the above recommendations are accomplished, a preliminary maximum allowable bearing value (ABV) of 2,500 psf could be used for the design of all building foundations bearing on the native, stiff to hard clay (with an undrained shear strength of at least 2.0 ksf), or weakly to strongly cemented silt, or structural fill placed over these native soils. 7. If the above bearing soil, site preparation, earthwork and foundation recommendations are accomplished, we anticipate total settlement will be less than 1 inch and differential settlement will be less than 1/2 inch per 25.0 feet of wall length, or between similarly loaded footings that are not less than 25.0 feet apart. 4 s T R a T a ' GEOTECHNICAL ENGINEERING 6 MATERIALS TESTING O'Neill Residential Development File: TO0001-13990054-1 Page 11 Floor Slab, Sidewalk, and Pavement Areas We recommend that the following preparation and construction procedures be used for all floor slab, sidewalk and pavement areas: 1. After completion of the recommended site preparation, including removal and stripping of surficial topsoil and test pit remediation, proofroll the exposed soil surface in accordance with the Site Preparation/Earthwork section of this report. 2. Grade and compact structural fill to the required subgrade elevation, in accordance with the Site Preparation/Earthwork section of this report. 3. Place and compact 3/4 -inch -minus, sand and gravel base course with no more than 5% passing the No. 200 sieve to a minimum compacted thickness of 4 inches in all floor slab and sidewalk areas. The sand and gravel base course will act as a leveling course and help distribute point loads. Compact the base course to a minimum of 95 % of the maximum dry density of the soil in accordance with ASTM D 698 (Standard Proctor). 4. If additional moisture protection is required beneath floor slabs -on -grade or crawl spaces, a 10 -mil polyethylene vapor barrier could be used beneath the floor slabs or crawl spaces to reduce the migration of moisture. The vapor barrier should be placed directly on top of the native subgrade or structural fill surface, and covered with a minimum of 4 inches of sand and gravel base course to help protect the barrier from puncture. 5. When final grading of roadways has been determined, samples of subgrade soil should be collected for R -value testing and pavement section design. We anticipate the upper, lean, sandy clay will have an R -value of less than 10. The subbase should consist of well -graded sand and gravel consistent with the Idaho Standards for Public Works Construction (ISPWC) Section 801 with less than 101/6 passing the No. 200 sieve and a maximum cobble size of 6 inches. The subbase should be compacted as outlined for structural fill in the Site Preparation/Earthwork section of this report. The base course should consist of crushed, 3/4 -inch -minus, well -graded, sand and gravel consistent with the Idaho Standards for Public Works Construction (ISPWC) Section 802 with S T R a T a GEOTECHNICAL ENGINEERING i MATERiA.S'ESTING O'Neill Residential Development File: T00001 -B990054-1 Page 12 less than 5 % passing the No. 200 sieve. The base course should be compacted to at least 95% of the maximum dry density of the soil per ASTM D 698 (Standard Proctor). The asphalt concrete for the flexible pavement area should have material properties as specified in ASTM D 3515 and have a mix design with a maximum aggregate size between 3/4 and 3/8 inch. The asphalt concrete should be compacted to at least 95% of the Marshall density for the mix design. We recommend that crack maintenance be accomplished in all pavement areas as needed and at least every three to five years to reduce the potential for surface water infiltration into the pavement section and underlying clay subgrade. Surface Grading and Drainage Site grading, including grading of all sidewalks and landscaped areas, should slope at a minimum of 2% away from the proposed buildings, sidewalk, and pavement areas to prevent ponding and to direct surface runoff away from these areas. All runoff from downspouts, roof areas, paved areas, landscaped areas and other large volumes of stormwater should be directed and maintained away from the proposed structures, and not be allowed to infiltrate the soil beneath sidewalks, paved areas or footings. All drainage should be directed to an approved discharge and/or collection facility, such as the proposed subsurface seepage pits. We recommend that the proposed seepage pits be excavated, so that the stormwater is allowed to percolate into the underlying, native, uncemented, sand and gravel that was encountered at the site below a depth of about 9 feet at Test Pit 3 or below a depth of about 10 feet in Test Pit 9. Seepage pits should be located a minimum of 25.0 feet away from building foundations. S T R a T a GEOTECHNICAL ENGINEERING S MATERIALS TESTING O'Neill Residential Development File: T00001 -B990054-1 Page 13 All seepage pit excavations should be observed by Strata, Inc. to verify that they have been excavated a foot into the recommended percolation soil. Based on our field test at Test Pits 3 and 9, a percolation rate of 4 minutes per inch could be used for percolation of stormwater into the native, clean, uncemented, sand and gravel, assuming that all of the above recommendations for seepage pit excavations are accomplished. Previous experience has shown that residual cementation contained in the upper portions of the gravel deposit could cause the percolation rate to be reduced significantly. REVIEW OF PLANS AND SPECIFICATIONS We recommend that Strata be retained to review the earthwork, grading, drainage and paving sections of the plans and specifications for the proposed project prior to issuance of the construction documents for bidding. It has been our experience that having the consultants from the design team review the construction documents prior to bidding minimizes the potential for errors, and also reduces changes to the contract during construction. Strata will provide review of the documents on a time and expense basis. CONSTRUCTION OBSERVATION AND TESTING It is our opinion that the success of the proposed construction will be dependent on following the report recommendations, good construction practices and providing the necessary construction observation, testing and consultation to verify that the work has been completed as recommended. We recommend that Strata, Inc. be retained to provide observations, testing and consultation services to verify that the report recommendations are being followed. If we are not retained to perform the recommended services, we cannot be responsible for related construction S T R a T a GEOTECHNICAL ENGINEERING i MATERIALS -STING O'Neill Residential Development File: TOOOol-B990054-1 Page 14 errors or omissions. The recommended services are not included in this evaluation and would be billed on a time and expense basis. EVALUATION LIMITATIONS This report has been prepared to provide a preliminary subsurface evaluation at the site of the proposed residential development located east of Locust Grove Road in Meridian, Idaho. Our services consist of professional opinions and recommendations made in accordance with generally accepted geotechnical engineering principles and practices. This acknowledgment is in lieu of all warranties either expressed or implied. The opinions and recommendations contained herein are based on the findings and observations made at the time of our site reconnaissance and subsurface evaluation. if, at a later time, conditions are exposed which appear to be different from those observed during our field evaluation and as described in this report, Strata, Inc. should be notified to consider the possible need for modifications to the geotechnical recommendations presented herein. Based on our experience and knowledge of the project and the site conditions, maintaining our services as geotechnical consultant during the planning, design, and construction phases of the project will provide consistency of services without loss of continuity or contradictions arising from misunderstanding of earlier phases of the work. This report is not intended for the use of other geotechnical consultants. Any subsequent geotechnical consultant should notify the owner, project designers, and regulatory agencies as appropriate, of their status and responsibility for the project, and also provide their own recommendations for design and construction of the project. This report has been prepared exclusively for the use of the addressee and for the project as described; we cannot be responsible for any other use of this report. S T R a T a ' GEOTECHNICAL ENGINEERING i MATERIALS -STING O'Neill Residential Development File: T00001-13990054-1 Page 15 The following plates accompany and complete this report: Plate 1: Vicinity Map Plate 2: Site Plan Plate 3: Unified Soil Classification System (USCS) Appendix: Exploratory Test Pit Logs S T R a T a ' GEOTECHNICAL ENGINEERING d MATERIALS TESTING TTNTTTT'Pn gnTT. CyT.AggTFTCATION SYSTEM MAJOR DIVISIONS GRAPH SYMBOL LETTER SYMBOL TYPICAL NAMES GROUND WATER CLEAN 0 1 GW WELL -GRADED GRAVEL, GRAVEL -SAND MIXTURES. . GROUND WATER AFTER 24 HOURS GRAVELS GRAVELSPOORLY-GRADED GP GRAVEL, GRAVEL -SAND MIXTURES. GRAVLES GM SILTY GRAVEL, GRAVEL- SAND -SILT MIXTURES. COARSE WITH FINES GC CLAYEY GRAVEL, GRAVEL - SAND -CLAY MIXTURES. GRAINEDSW SOILS CLEAN WELL -GRADED SAND, GRAVELLY SAND. _ A SP POORLY -GRADED SAND, GRAVELLY SAND. SANDS SANDSf SANDS WITH FINES ;SILTY SM SAND, SAND -SILT MIXTURES. .. , .. ., SC CLAYEY SAND, SAND -CLAY MIXTURES. SILTS AND CLAYS ML INORGANIC SILT, SANDY OR CLAYEY SILT. INORGANIC CLAY OF LOW LIQUID LIMIT F1�11 CL To MEDIUM PLASTICITY, SANDY OR SILTY CLAY. LESS THAN 5096ORGANIC 1 OL SILT AND CLAY OF LOW PLASTICITY. FINE GRAINED MH INORGANIC SILT, MICACEOUS SILT, PLASTIC SILT. SOILS SILTS AND CLAYS CH INORGANIC CLAY OF HIGH PLASTICITY, FAT CLAY. LIQUID LIMIT GREATER THAN 50% OH ORGANIC CLAY OF MEDIUM To HIGH PLASTICITY. PT PEAT, MUCK AND OTHER HIGHLY ORGANIC SOILS. — x%11tMII112[OVA 1[0l►IM:I±1ZA ISTANDARD 2 -INCH OD BG BAGGIE SAMPLE SPLIT -SPOON SAMPLE GROUND WATER ' a CALIFORNIA MODIFIED 3 -INCH OD SPLIT -SPOON SAMPLE = AT TIME OF DRILLING [BK BULK SAMPLE ROCK CORE II a . GROUND WATER AFTER 24 HOURS RG RING SAMPLE SHELBY TUBE 3 -INCH OD UNDISTURBED SAMPLE BORING LOG SYMBOLS UROUND WATER DTII I CJ 1 rl 1 LUN 0 rriovw T s T R a a GEOTECHNICAL ENGINEERING a MATERIALS TESTING File: T00001-899054-1 APPENDIX w Q 0 co z 0 w , m m w U_ Q 0 EXPLORATORY TEST PIT # 1 O'Neill Subdivision File: T00001 -B990054-1 DEPTH SOIL SOIL (Feet) CLASS DESCRIPTION 0.0-1.0 CL Lean CLAY with sand — dark brown, hard, slightly moist and roots to 8 inches with occasional deep roots. Pocket penetrometer = 4.5+ tsf throughout. At 0.5 feet, dry density = 91.1 pcf and moisture content = 13.3%. At 0.5 Foot percent passing the No. 200 sieve = 82%. 1.0-5.0 ML Sandy SILT — light brown, dense and moist. Non to weakly cemented from 1.0 to 1.5 feet, moderately cemented from 1.5 to 2.3 feet and strongly cemented from 2.3 to 5.0 feet. At 1.0 foot, pocket penetrometer = 4.0 to 4.5 tsf. At 1.2 feet, percent passing the No. 200 sieve = 60%. At 1.3 feet, dry density = 84.3 pcf and moisture content = 19.8%. 5.0-12.0 GP Poorly -graded GRAVEL with sand — tan, dense to very dense and moist. Cobbles up to 8 inches in diameter below 7.0 feet. Weakly to moderately cemented to 10.0 feet. Excavated on May 11, 1999. No groundwater encountered Monitoring well installed to 11. 5feet. Test pit terminated at 12.0 feet below the existing ground surface. Samples taken at 0. 5, 1.0 and 1.2 feet. Excavation Equipment: CASE 580 Logged by: CAK/jh S T R a ffi a ' GEOTECHNICAL ENGINEERING & MATERIALS TESTING W Q 0 z 0 w � m m W J W EXPLORATORY TEST PIT # 2 O'Neill Subdivision File: T00001 -B990054-1 DEPTH SOIL SOIL (Feet) CLASS DESCRIPTION 0.0-2.0 CL Lean CLAY with sand — brown, very stiff to hard and moist with roots to 6 inches. At 0.5 feet, pocket penetrometer = 3.5 tsf. At 0.5 feet, percent passing the No. 200 sieve = 74%, Liquid Limit 37, Plastic Index = 18. At 1.0 foot, pocket penetrometer = 4.5+ tsf. 2.0-9.5 ML Sandy SILT with fine sand — light brown, dense and moist. Weakly to moderately cemented from 2.0 to 2.8 feet, moderately cemented from 2.8 to 4.0 feet, non-cemented and medium dense from 4.0 to 5.2 feet and strongly cemented from 5.2 to 9.5 feet with cobbles to 5 inches. At 2.2 feet, percent passing the No. 200 sieve = 60%. 9.5-12.0 GP Poorly -graded GRAVEL with cobbles and sand — tan, very dense, moist and moderately cemented to 11.5 feet. Excavated on May 11, 1999. No groundwater encountered Monitoring well installed to 12.0 feet. Test pit terminated at 12.0 feet below the existing ground surface. Samples taken at 0.5 and 2.2 feet. Excavation Equipment: CASE 580 Logged by: CAKljh w Q 0 Cn z 0 D U-1 } a: m W U - w Q 0 CID 0 w Y U w m U EXPLORATORY TEST PIT # 4 O'Neill Subdivision File: T00001 -B990054-1 DEPTH SOIL SOIL (Feet) CLASS DESCRIPTION 0.0-1.5 SM Silty SAND with gravel — dark brown, loose to medium dense and slightly moist with occasional roots and rootlets to 8 inches deep. Clean sand lense. Cobbles to 7 inches in diameter. 1.5-2.9 ML Sandy SILT — dark brown, medium dense and moist. At 2.0 feet, percent passing the No. 200 sieve = 61%. 2.9-7.0 SM Silty SAND with gravel and cobbles — brown to tan, dense and moist to saturated with cobbles to 8 inches in diameter. Pockets or lenses of less silt. Excavated on May 11, 1999. Groundwater encountered at 5.2 feet below the existing ground surface. Monitoring well installed to 7.0 feet. Test pit terminated at 7.0 feet below the existing ground surface. Samples taken at 1 and 2.0 feet. Excavation Equipment: CASE 580 Logged by: CAKljh S T a T a ' GEOTECHNICAL ENGINEERING S MATERIALS TESTING W Q 0 z 0 Cn W > m m W J LL m 0 W Y U W > _ m U EXPLORATORY TEST PIT # 3 O'Neill Subdivision File: T00001 -B990054-1 DEPTH SOIL SOIL (Feet) CLASS DESCRIPTION 0.0-1.4 CL Lean CLAY with sand — dark brown, hard and slightly moist with rootlets throughout. Roots to 5 inches with occasional larger/deeper roots. Pocket penetrometer = 4.5 tsf throughout. At 0.5 feet, percent passing the No. 200 sieve = 87%, Liquid Limit = 38 Plastic Index = 19. 1.4-7.0 ML SILT with sand — tan, dense, moist and moderately cemented from 1.4 to 2.2 feet then strongly cemented to 7.0 feet. 7.0-11.5 GP Poorly -graded GRAVEL with sand and cobbles — tan, dense to very dense and moist with cobbles to 6 inches in diameter. Moderately cemented to 9.0 feet. Excavated on May 11, 1999. No groundwater encountered Monitoring well installed to 11. 5feet. Test pit terminated at IL S feet below the existing ground surface. Samples taken at 0. S feet. Excavation Equipment: CASE 580 Logged by: CAKljh S T R a T a ' GEOTECHNICAL ENGINEERING & MATERIALS TESTING LU Q 0 U) z 0 w >- cr m w J U_ CIO 0 w Y U U-1 >- _ M U EXPLORATORY TEST PIT # 5 O'Neill Subdivision File: T00001 -B990054-1 DEPTH SOIL SOIL AFeet) CLASS DESCRIPTION 0.0-1.0 SM Silty SAND — brown, medium dense and moist with roots to 5 inches. Sparse gravel to 1 inch in diameter. 1.0-3.0 SM Silty SAND with gravel and cobbles — tan, dense, moist and moderately to strongly cemented with cobbles to 3 '/i inches in diameter. Some white calcium coating on rocks. 3.0-5.5 GP Poorly -graded GRAVEL with sand and cobbles — tan, dense to very dense, moist and weakly to moderately cemented with cobbles to 6 inches in diameter. White calcium coating on some rocks. 5.5-12.0 GP Poorly -graded GRAVEL with sand and cobbles — white, very dense and moist to saturated with cobbles to 8 inches in diameter. Boulders below 10.5 feet. Excavated on May]], 1999. Groundwater encountered at 8.9 feet below the existing ground surface. Monitoring well installed to II.O feet. Test pit terminated at 12.0 feet below the existing ground surface. No samples taken. Excavation Equipment: CASE 580 Logged by: CAK/jh S T R a a ' GEOTECHNICAL ENGINEERING b MATERIALS TESTING w Q 0 Cn z 0 w >_ M m w J U_ EXPLORATORY TEST PIT # 6 O'Neill Subdivision File: T00001 -B990054-1 DEPTH SOIL SOIL (Feet) CLASS DESCRIPTION 0.0-1.0 CL Lean CLAY — dark brown, soft to firm, very moist with roots to 8 inches. At 0.5 feet, dry density = 86.4 pcf and moisture content = 30.8%. 1.0-2.0 CL Lean CLAY with sand — light brown, firm and very moist to saturated with some water seepage at 1.5 feet. At 1.0 foot percent passing the No. 200 sieve = 81%, Liquid Limit = 39, Plastic Index = 20. 2.0-5.0 SM Silty SAND — light tan to brown, dense, saturated and moderately to strongly cemented with water seeps throughout. 5.0-9.0 GM -GP Silty GRAVEL with sand and cobbles — tan to brown, dense, saturated and moderately cemented with cobbles to 6 inches in diameter. 9.0-10.5 GP Poorly -graded GRAVEL with sand and cobbles — tan, dense and saturated with cobbles to 8 inches in diameter. Excavated on May Il, 1999. Groundwater encountered at 3.6 feet below the existing ground surface. Test pit terminated at 10. S feet below the existing ground surface. Sample taken at 1.2 feet. Ring sample taken at 0. S feet. Excavation Equipment: CASE 580 Logged by: CAK/jh ' GEOTECHNICAL ENGINEERING d MATERIALS TESTING w J LL m 0 w V U w In U EXPLORATORY TEST PIT # 7 O'Neill Subdivision File: T00001 -B990054-1 DEPTH SOIL SOIL (Feet) CLASS DESCRIPTION 0.0-1.0 CL Lean CLAY with sand— brown, hard and slightly moist with roots to 6 inches. At 0.5 feet, pocket penetrometer = 4.5 tsf. 1.0-2.5 SM Silty SAND — tan, dense, moist, weakly to moderately cemented in top 2 inches and strongly cemented below that with occasional gravel to 2 inches in diameter. 2.5-8.0 GP Poorly -graded GRAVEL with sand and cobbles — reddish tan to tan, very dense, moist and moderately cemented with cobbles to 2 inches in diameter. 8.0-12.0 GP Poorly -graded GRAVEL with sand, cobbles and boulders — tan, very dense and moist. Rock size increased with depth with maximum size of 14 inches. Excavated on May]], 1999. No groundwater encountered Monitoring well installed to 12.0 feet. Test pit terminated at 12.0 feet below the existing ground surface. Bulk sample taken at 11.0 feet. Excavation Equipment: CASE 580 Logged by: CAK j1 h S T R a T a GEOTECHNICAL ENGINEERING & MATERIALS TESTING LU J U_ EXPLORATORY TEST PIT # 8 O'Neill Subdivision File: T00001 -B990054-1 DEPTH SOII. SOIL (Feet) CLASS DESCRIPTION 0.0-0.9 SM Silty SAND — brown, loose to medium dense and slightly moist with roots to 8 inches. 0.9-2.2 CL Lean CLAY with sand — brown, hard, moist and moderately plastic. At 1.5 feet, in situ dry density = 83.6 pcf and in situ moisture content = 27.8 2.2-10.5 GP Poorly -graded GRAVEL with sand and cobbles — reddish brown, dense to very dense, moist to saturated and moderately to strongly cemented. Becomes weakly to non-cemented at 7.0 feet. 10.5-12.0 SP Poorly -graded SAND with cobbles — tan, dense and saturated. Excavated on May 11, 1999. Groundwater encountered at 8.9 feet below the existing ground surface. Test pit terminated at 12.0 feet below the existing ground surface. Sample taken at 2.0 feet. Ring sample taken at 1.5 feet. Excavation Equipment: CASE 580 Logged by: CAK/jh S T R aT a ' GEOTECHNICAL ENGINEERING 6 MATERIALS TESTING w Q 0 co z 0 U0 w >_ 01- m w Q 0 EXPLORATORY TEST PIT # 9 O'Neill Subdivision File: T00001 -B990054-1 DEPTH SOIL SOIL (Feet) CLASS DESCRIPTION 0.0-0.9 SM Silty SAND — brown, dense and slightly moist with roots to 6 inches. At 0.5 feet, dry density = 90.4 pcf and moisture content = 11.6%. 0.9-2.5 CL Sandy, lean CLAY — brown, very stiff to hard and moist. Turns light brown below 2.0 feet. At 1.5 feet, dry density = 82.5 pcf and moisture content = 26.2%. At 1.8 feet, percent passing the No. 200 sieve = 62%, Liquid Limit = 32 Plastic Index = 16. 2.5-6.0 SM Silty SAND — tan, dense, moist and moderately to strongly cemented. 6.0-11.0 GP Poorly -graded GRAVEL with sand and cobbles — brown to tan, dense and moist. Very hard digging, moderately to strongly cemented with cobbles to 10 feet 4 inches. 11.0-12.0 GP Poorly -graded SAND with gravel and cobbles — tan, dense and moist. Less silt than above, not cemented. Excavated on May 11, 1999. No groundwater encountered Monitoring well installed to 12.0 feet. Test pit terminated at 12.0 feet below the existing ground surface. Sample taken at 2.0 feet. Ring sample taken at 1.5 feet. Bulk sample taken at 10.5 feet. Excavation Equipment: CASE 580 Logged by: CAKJ1 h s T R a T a GEOTECHNICAL ENGINEERING & MATERIALS TESTING Meridian City Council January 18. 2000 Page 84 Bird: He has to do the whole thing, and then down here we agree to pay half not to exceed $152,000. deWeerd: Yeah, but you were putting the roadway in here. Wouldn't it — Bird: No. It just — the roadway comes in here. He's got to put that whole roadway in, and we agree — and the utility stuff — we agree to pay half of it not to exceed $152,000. He's got to put it I, not us. deWeerd: Right. Gigray: The way I would anticipate limiting this so it doesn't get out of control depending on what their subdivision plans are that it would just be in that 1,013 - foot roadway, and that's where stubbing and curbing would be. Now, if for some reason it would appear necessary to change this, it would provide savings all the way around, they could approach us or us them about amending this agreement later on to accommodate that. But at this point, the only thing I'm aware of that they're proposing to do and requiring is to include a dedication, and in this instance, we would require them to include it in their lot split of the northern 29 feet of this property which would anticipate a road going clear across it east to west. Corrie: Thank you. All right. Okay. Roll -call vote on Resolution. Roll -call vote: Mrs. McCandless, aye; Mrs. deWeerd, aye; Mr. Bird, aye; Mr. Anderson, aye. MOTION CARRIED: ALL AYES Corrie: Thank you, Bill. Are you doing Gary's too? 12. Department Reports: D. City Attorney — Bill Gigray 2. Development Agreements for Woodbridge Community, LLC: Gigray: No. The only thing I wanted to know was whether or not you wanted to entertain approving the new development agreements that were subject to the Woodbridge applications which we've now completed the process on the Findings and Conclusions. They have submitted a Development Agreement for the large parcel which is where the development is going to occur, I think is the Snorting Bull Development Agreement, and the other Agreement is the Woodbridge Community, LLC, Agreement which is the small parcel and that Agreement, basically, the Development Agreement just requires a conditional Meridian City Council January 18. 2000 Page 85 use permit on anything that they do there. I think those are both in, are they not? Both those Development Agreements? Bird: This is what we (inaudible) going to do at the end. Berg: Both signed? Gigray: Yes. Berg: Yes. Bird: Okay_ Now that was for Woodbridge and which other one, Bill? Gigray: They're both Woodbridge. Remember, Woodbridge had two parcels. One small one that I think was necessary in order to make the large one contiguous to the City., Bird: Do we need to make two motions or one? Gigray: You could just make a motion to approve two separate resolutions to authorize the Mayor and the Clerk to sign, the Mayor to sign and the Clerk to attest. Bird: On the Development Agreements. Gigray: On these Development Agreements, and you could do that in one motion then the records would show you passed them both at one time. Bird: What are the resolution numbers? 287 and 288? Berg: Yes. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we approve the Resolutions 287 and 288 regarding the Development Agreement with Woodbridge Community, LLC. Anderson: Second. Corrie: Motion made and seconded to approve Resolution Nos. 287 and 288, the Woodbridge Community, LLC. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Meridian City Council January 18. 2000 Page 86 Corrie: I guess I should have done a roll -call. Gary. 12. Department Reports: E. City Engineer — Gary Smith: 1. Mike Luke request to connect to city sewer: Smith: Mr. Mayor. Corrie: On January the 1 oth, I talked to a Mr. Mike Luke who lives in the County at 1867 Country Terrace Way. That's a subdivision between Meridian Greens on its east side, Running Brook Estates on its south and west side for most of Country Terrace. Mr. Luke is having septic tank problems. All of those lots in Country Terrace Subdivision were developed on septic tanks for their sewage treatment. They have a community well to serve them with domestic water. At the time the subdivision was developed in 1977, the developer installed a dry sewer line in the street. The sewer line grades to the south. When Running Brook Estates was developed, I required the developer to extend the sewer line up the hill and connect to the sewer line that was in the — is in the Country Terrace Subdivision. Mr. Luke's septic tank, I should say drain field is failing. The Central District Health wants him to connect to the sewer line that is in the street in front of his house. I have ascertained through the Wastewater Department that we have inspected the sewer line with a television camera as part of our maintenance of our system. I'm not quite sure why they got involved in that county sub, but, nevertheless, they did go up through the line. Service lines were installed out of the main line to each of the lots in the subdivision at the time it was built, and when I connect — when I had the Running Brook developer connect to this line, I instructed them to put a plug in the line at the downstream line of the Country Terrace Subdivision so we didn't receive anything from them inadvertently. Mr. Luke has made a request to you for approval to connect to the City. There are a couple problems with this. Number one, we don't own the sewer line in the street. It's a county subdivision. I believe the sewer line belongs to the homeowners. I don't know who else it would belong to. Not us. He does have a problem right now with his septic tank and drain field. It's overflowing, as he said, into the gutter out of the drain field, so we've got a health problem there. The Mr. Rooter or Master Rooter, Roto Rooter, I don't know who it is, mentioned to this Mr. Luke that there were four or five other people in the subdivision that were having similar problems. I don't know the extent of that. Anyway, Mr. Luke is asking for permission to connect to the city sewer. Bird: Gary, what do we do about if it's not our sewer line? It hooks into our main line. ** TX CONFIRMATION REPORT ** AS OF DEC 20 '99 10:50 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD## STATUS 07 1220 10:48 PUBLIC WORKS OF --S 01'16" 006 028 ----------------------------------------------------------------------------------------- OK NUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT (208) 881--1264 CITY OF MERIDIAN S;pWLI M m « PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT (208) 8V-22 I GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING DEPARTMENT KEITH BIRD (208) 884-5533 FACSIMILE COVER SHEET FAX NUMBER: DATE: TO: C `,f-�- TITLE/DEPARTMENT: �l CONFIDENTIAL: YES NO TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET): 6 FROM: CITY OF MERIDIAN - FAX NUMBER: (208) 888-4218 NAME: A11w /'56V2 TITLE/DEPARTMENT: COMMENTS: PLEASE CALL US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS SUCCESSFULLY (208) 888-4433. Az u e,0 rrld�lc Il�lr� To: Marlene From: Shelby CC: D&: 01/19/00 Re: Woodbridge Marlene, Would you please prepare and have delivered to me the revised Ordinances and Resolutions attached to the two Woodbridge Development Agreements. Apparently, they still reflected Griffin as an interested party. Thanks and call if you have any questions. Shelby 0 Page 1 MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless January 24, 2000 HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 Woodbridge Community, LLC Attn: Scott Beecham 100 North 9th Street Suite 300 Boise, ID 83702 Dear Scott, LEGAL DEPARTMENT (208)288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211• Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 - Fax 888-6854 Enclosed are your copies of the Development Agreements for Snorting Bull and Woodbridge Community, LLC. Please call should you have any questions. Sincerely, 1�u 1 V P� Shelby Ugarriza City Clerk's Office seu enc. The Idaho Statesman P.O. Box 40, Boise, Idaho 83707-0040 LEGAL ADVERTISING PROOF OF PUBLICATION Account # DTI# Identification Amount: 064514 198562 PUBLIC HEARIN" $49.08 Ordered by: P.O. # Rate Run Dates SHELBY NT FEB. 18, MAR. 3, 2000 CITY OF MERIDIAN Number of Lines 33 EAST IDAHO STREET 32 Affidavit Legal # MERIDIAN, IDAHO 83642 1 6350 LEGAL NOTICE PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City 'Council 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 7:30 p.m. on March 7, 2000, for the purpose of reviewing and considering the application of Woodbridge Community, LLC -for a preliminary plat for Woodbridge Subdivision on 164 lots on 50.9 acres generally located on the east side of South Locust Grove Road one- quarter mile south of Franklin 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 dur- ing regular business hours. A copy of the application is available upon request. Any and all interested Per- sons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 11th day of February, 2000. WILLIAM G. BERG, JR., CITY CLERK Pub. Feb. 18, Mar. 3, 2000 6350 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 consecutive daily FX odd skip insertion(s) beginning with the issue of: FEBRUARY 18 2000 and ending with the issue of: MARCH 3 2000 STATE OF IDAHO ) )ss COUNTY OF ADA On this 3 day of MARCH in the year of 2000 before me, a Notary Public, personally appeared before me Janice Hildreth known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn, declared that the state- ments therein are true, and acknowledged to me that she executed the same. Notary Public for Idaho ��ewn Residing at: Boise, Idaho �+�` _ "••, My Commission expires:00 —� ��C� �' �.�� ,, `'LIS �••� 77 { ' F i u j ina ARI. • i C, i 2000PUBLI °•° ••• O 90*0*00000 CITY O F 19 .•` fb;c'-V:JLVI"tEiLE copyMAF 302000 C. -Li Y OF mfawA BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR WOODBRIDGE SUBDIVISION, WOODBRIDGE COMMUNITY, LLC APPLICANT. 03-29-00 Case No. PP -00-003 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT The above entitled matter coming on regularly for public hearing before the City Council on March 7, 2000, and was continued until March 21, 2000, and Steve Siddoway, Assistant Planner for the Planning and Zoning Department, and Gary Smith, Public Works Director, appeared and testified, and on behalf of the Applicant was Derek O'Niell, who appeared and testified, and appearing and testifying with comments was: Reese McMillan, and the City Council having received a report from Bruce Frecicleton, Assistant City Engineer, and Shari Stiles, Planning and Zoning Administrator, and an additional report received from Bruce Frecldeton, Assistant City Engineer, and the City Council having received as part of the record of this matter the recommendation to City Council of the Planning and Zoning Commission and the applicant having submitted the Preliminary Plat described as FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - WOODBRIDGE COMMUNITY, LLC FOR WOODBRIDGE SUBDIVISION (PP -00-003) - 1 "WOODBRIDGE - PHASE 1, PRELIMINARY PLAT, MERIDIAN, IDAHO, DATE: 12/29/99, PROJECT 98048, SHEET 1 OF 1, AND STAMPED ON 1/3/00, DESIGNED: BSS, RC, DRAWN: RC, IEB, BY: TOOTHMAN-ORTON ENGINEERING COMPANY, CONSULTING ENGINEERS, SURVEYORS AND PLANNERS, for WOODBRIDGE COMMUNITY, LLC, DEVELOPER, submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Meridian City Code § 12-3-3. Therefore the City Council makes the following findings: FINDINGS OF FACT 1. That the proposed development is in conformance with the Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Comprehensive Plan and Map, adopted December 21, 1993, and the property is presently zoned Low Density Residential (R-4), and requires connection to the Municipal Water and Sewer System. [Meridian City Code § 11-7-2 C.] 2. The preliminary plat is in conformance with the Comprehensive Plan City of Meridian adopted December 21, 1993, Ordinance No. 629. 3. It is determined that Urban Services can be made available to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - WOODBRIDGE COMMUNITY, LLC FOR WOODBRIDGE SUBDIVISION (PP -00-003) - 2 accommodate the proposed development if the plat complies with the requirements and conditions hereinafter set forth as conditions of preliminary plat approval. 4. The proposed development is a continuity of the proposed development within the City's Capital Improvement Program and if the conditions which are requested by the Planning and Zoning Administrator and the Assistant City Engineer and as proposed by the developer as stated on the preliminary plat there will be public financial capability of supporting services for the proposed development. 5. The development if built in accordance with the conditions and as proposed, will not create health, safety or environmental problems and there have been no specifics of any such concerns brought to the Council's attention. 6. It is found that the Recommendation To City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. 7. The applicant has submitted for consideration of this approval drawing of the preliminary plat herein designated as: "WOODBRIDGE - PHASE 1, PRELIMINARY PLAT, MERIDIAN, IDAHO, DATE: 12/29/99, PROJECT 98048, SHEET 1 OF 1, AND STAMPED ON 1/3/00, DESIGNED: BSS, RC, DRAWN: RC, IEB, BY: TOOTHMAN-ORTON ENGINEERING COMPANY, CONSULTING ENGINEERS, SURVEYORS AND PLANNERS, for WOODBRIDGE FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - WOODBRIDGE COMMUNITY, LLC FOR WOODBRIDGE SUBDIVISION (PP -00-003) - 3 COMMUNITY, LLC, DEVELOPER." DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code § 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 1. The Preliminary Plat of the applicant as evidenced by the "WOODBRIDGE - PHASE 1, PRELIMINARY PLAT, MERIDIAN, IDAHO, DATE: 12/29/99, PROJECT 98048, SHEET 1 OF 1, AND STAMPED ON 1/3/00, DESIGNED: BSS, RC, DRAWN: RC, IEB, BY: TOOTHMAN-ORTON ENGINEERING COMPANY, CONSULTING ENGINEERS, SURVEYORS AND PLANNERS, for WOODBRIDGE COMMUNITY, LLC, DEVELOPER," is hereby conditionally approved; and 2. The conditions of approval are as follows to -wit: Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations from their February 2, 2000, letter, and additionally incorporating the Recommendations for modifications from the Assistant City Engineer in his 03/21/00 letter as follows: 2.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - WOODBRIDGE COMMUNITY, LLC FOR WOODBRIDGE SUBDIVISION (PP -00-003) - 4 2.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 2.3 Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. 2.4 Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 2.5 Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. 2.6 Sanitary sewer service to this site will be via the existing trunk main that traverses through the development. Applicant will be responsible to construct lateral sewer mains to and through this proposed development. Installation of a sewer line in Locust Grove will be required so as to provide service to adjacent property through this development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the roadway centerline. Applicant shall also be required to extend an eight - inch sanitary sewer in a 20 -foot -wide easement somewhere in the vicinity of Lots 83 and 84, Block 6 to provide sewer access to an isolated portion of the adjacent Locust View Heights Subdivision. Applicant to include a note on his development plans to retain and protect the all- weather gravel access to the City of Meridian's Five Mile Creek Sanitary Sewer Trunk Line in accordance with the provisions of the recorded sanitary sewer easement. 2.7 Water service to this site will be via extensions of the existing main in Locust Grove Road from it's intersection with Central Drive, or from it's intersection with Franklin Road. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - WOODBRIDGE COMMUNITY, LLC FOR WOODBRIDGE SUBDIVISION (PP -00-003) - 5 2.8 Developer shall indicate any existing ditch easements on the preliminary plat map. The boundaries of the Five Mile Creek easement need to be defined. Five Mile Creek and the defined wetland tributary of Five Mile Creek are excluded from the piping requirement. Any deviation from this requirement is subject to obtaining a variance from the City Council. 2.9 Applicant shall coordinate with the Public works department to designate the design and locations for two -hundred -fifty- and 100 -watt, high-pressure sodium streetlights. All streetlights shall be installed at subdivider's expense. Typical locations include but are not limited to street intersections and/or fire hydrants. 2.10 Detention ponds shall be designed such that accumulated water is disposed of per the requirements of the City of Meridian and the Ada County Highway District. 2.11 A perimeter fencing plan, and detailed landscape plan for Locust Grove Road as well as a typical landscape plan for pedestrian pathways, wetland areas, stormwater retention ponds, and street landscape islands shall be submitted for review and approval by staff with the final plant application. Perimeter fencing shall be installed prior to obtaining building permits. 2.12 Add a note that all finish floor elevations are to be a minimum of 12 inches above the highest established normal groundwater elevation. 2.13 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian for the clubhouse portion of the development. In addition to these assessments, "Late Comers" fees for sewer, and possibly water, will also be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. This applicant may submit a written request to the City Clerk's office for the City to enter into a Late Comers Agreement for those portions of Sanitary sewer and water mains that they will be installing as part of their project that will benefit other lands. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - WOODBRIDGE COMMUNITY, LLC FOR WOODBRIDGE SUBDIVISION (PP -00-003) - 6 2.14 Applicant has not indicated whether the pressurized irrigation system within this development is to be owned and maintained by the homeowners association or the Nampa & Meridian Irrigation District. If the system is being proposed as a private system (H.O.A.), plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single -point connection to the culinary water system shall be required. If a single - point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments as determined by the City Engineer for the entire common open area. Staff shall work with the applicant to determine the common area irrigation assessments. 2.15 Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 2.16 Several lots on the preliminary plat map indicate that they are within the 100 -year floodplain. The preliminary subsurface evaluation report prepared by Strata, Inc., dated June 28, 1999, states on page 5 under Opinions and Recommendations, "We recommend that residential development be restricted to areas outside the 100 -year floodplain." Several of these lots are also impacted by wetlands. Please provide plans and applicable agency approvals for any modifications to the floodplain and wetlands areas. Compaction test results must be submitted to the Meridian Building Department for all lots impacted by filling. 2.17 Applicant shall comply with all provisions of City Ordinance Section 11-11 pertaining to the Floodplain Overlay District. Conditions that may be required by the Commission in approving the use of structures in a Floodplay Overlay Zone shall include: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - WOODBRIDGE COMMUNITY, LLC FOR WOODBRIDGE SUBDIVISION (PP -00-003) - 7 A. Limitations on periods of use and operation; B. Imposition of deed restrictions; C. Location and arrangement of structures within the floodway and floodway fringe areas to avoid an increase in flood heights during the recurrence of the 100 -year flood discharge; D. Requirement for construction of channel modifications, dikes, levees and other protective measures; E. Placement of survey benchmarks; and F. Floodproofing measures. The evaluation of the effect on a proposed use in the floodway' and floodway fringe areas causing increase in flood heights is based not just on the effect of the single use acting alone, but upon the reasonable assumption that other landowners within the floodplain may need to be allowed to develop to an equivalent extent within the floodway and, therefore, the accumulative effects of all such encroachments must be considered by the Commission in making any decision. 2.18 The conditional use permit approved for this project includes a multiple use pathway along Five Mile Creek. This pathway is proposed to be public at such time as adjacent properties are developed, extending the pathway. The City of Meridian shall work with applicant to secure a license agreement with the Nampa & Meridian Irrigation District for a pathway along the Five Mile Creek. Said agreement shall be between O'Neil Enterprises, Inc. and the Nampa and Meridian Irrigation District. If required by the Nampa and Meridian Irrigation District, the applicant shall be required to provide liability insurance for the pathway until such time as it becomes part of a larger public pathway system. If and when the pathway is deeded to the City as part of a larger public pathway system, the City would then assume liability and maintenance responsibilities. 2.19 This project is subject to all terms of the development agreement and conditional use permit as approved by the Meridian City Council. Adopt the Meridian Fire Department's Recommendations as follows: 2.20 Applicants shall satisfy all fire code requirements including those FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - WOODBRIDGE COMMUNITY, LLC FOR WOODBRIDGE SUBDIVISION (PP -00-003) - 8 pertaining to water flow and fire hydrants. 2.21 Common areas will need to be kept clean of trash and weeds. 2.23 All roads to flag lots shall be posted with "no parking" signs and all vehicles, trailers, equipment etc. shall be prohibited from parking in those areas. 2.24 All roads will be installed before building is started with appropriate street name signs. 2.25 Only one way in or out. Adopt the Recommendations of the Central District Health Department as follows: 2.26 The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 2.27 Run-off is not to create a mosquito breeding problem. 2.28 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 2.29 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. By action of the City Council at its regular meeting held on the � day of 2000. -O By: Al, t,�_ ROBERT D. CORRIE Mayor, City of Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - WOODBRIDGE COMMUNITY, LLC FOR WOODBRIDGE SUBDIVISION (PP -00-003) - 9 Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. ``��,r��t►ttitrn,,,f� /) T By:,/Dated: — —, .� Fo fty Cleric SEAL _ 9 ,i 1Ci msg/ZAWork\M\Nleridian 15360M\Woodbridge CommunityTfClsOrd.PP � C�uN . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - WOODBRIDGE COMMUNITY, LLC FOR WOODBRIDGE SUBDIVISION (PP -00-003) - 10 PP 00-003 MARCH 17, 2000 MERIDIAN CITY COUNCIL MEETING: MARCH 21 2000 r APPLICANT: WOODBRIDGE COMMUNITY LLC AGENDA ITEM NUMBER: t REQUEST: PRELIMINARY PLAT FOR WOODBRIDGE SUBDIVISION OF 164 LOTS ON 50.9 ACRES AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: nTUFR• COMMENTS PREVIOUS aSEE MCKE Materials presented at public meetings shall become property of the City of Meridian. 'Aa new 1rvh_ MARCH 3, 2000 MERIDIAN CITY COUNCIL MEETING: MARCH 7 2000 APPLICANT: WOODBRIDGE COMMUNITY, LLC _ AGENDA ITEM NUMBER: REQUEST: PRELIMINARY PLAT fOR WOODBRIDGE SUBDIVISION OF 164 LOTS ON 50.9 ACRES AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS SEE ATTACHED P&Z MINUTES SEE ATTACHED LETTERS SEE ATTACHED RECOMMENDATIONS SEE ATTACHED OTHER: Materials presented at public meetings shall become property of the City of Meridian. MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless February 10, 2000 HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 Woodbridge Community, LLC 100 N. 9th St., Ste. 300 Boise, ID 83702 RE: Preliminary Plat Approval for Woodbridge Subdivision To Whom It May Concern: LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Fax 888-6854 RECEIVED FEB 14 2000 City of Ii'ieri avian City Clerk Office This lotter is to confirm that the City of Meridian's Planning & Zoning Commission recommoaded approval with conditions on the Preliminary Plat application for the subject prpperty at their 2/8/00 meeting. The preliminary plat is scheduled for a public hearing bofore the City Council on 3/7/00. simeroly, CITY OF MERIDIAN S SjWi Stiles P1�ning Director/Zoning Administrator HP LaserJet 3100 SEND CONFIRMATION REPORT for Printer/Fax/Copier/Scanner City of Meridian 2088886854 Feb -11-00 8:59AM Job Start Time Usage Phone Number or ID Type Pages Mode Status 300 2/11 8:58AM 0'33" 208 323 2399 Send .............. 2/ 2 EC 96 Completed ......... ........._......_.. Total 0'33" Pages Sent: 2 Pages Printed: 0 2611 E Cee. Aga, 64 211 MiMe4 D 03611 Ph— CM@)NA4NW F- UOEl6N4W4 Ta Bury Sffroe _ _ ti°n' Dry Fm ffi3Q3GC Delia 2111= n.6e. pelen 2 (Indu*VCWW) min YVOemoap6 Sub. PP apprum OW O u 0 for ardse, ❑ wrr Ce1n11nr 0 new Reply 0 were 6LoYeM Memo TO: Bill Gigray, City Attorney From Brad Hawkins -Clark CC: Bruce Freckleton, Shari Stiles, Will Berg Date: 02/29/00 Re: Interpretation on Subdivision Ordinance Requiring Bonding for Improvements M FtECEIVIE]D FEB 2 9 2000 CITY OF MRIDLAUN At their 2-8-00 meeting, the P&Z Commission recommended approval of File #PP -00-003, Preliminary Plat for Woodbridge Subdivision, to City Council. This plat is cross-referenced with Files #CUP -99-037 (approved 1-18-00) and #AZ -99-020 (approved 2-1-00). One of Staffs standard recommended conditions on Preliminary Plat applications is the applicant provide a letter of credit or cash for all subdivision improvements prior to City signature on the Final Plat. In their written response to Staff comments, dated 2-8-00, the applicant, O'Neil Enterprises, Inc., questions the condition that bonding be required for private improvements. They understand that, according to Subdivision Ordinance 12-5-3, they must bond for public improvements. To my understanding, they are not outright refusing to comply with this condition but are requesting clarification from the City on what exactly is required by code. They only want to bond for the public improvements. In their opinion, this would exclude bonding for the swimming pool, community center and other privately -owned amenities to be owned by the homeowner's association. The P&Z Commission's final recommendation to City Council was made without this point being fully resolved. My question relates to the legality of the City requiring bonding for private improvements as part of a plat application. This is standard practice for commercial projects prior to issuing Certificates of Occupancy (i.e. we require bonding for landscaping, pools and other private amenities), but since Subdivision Ordinance 12-5-3 does not specifically require bonding for private improvements, can we legally hold them to and enforce the private bonding requirement as a condition of platting? Since this application is scheduled to go before the City Council on 3-7-00, 1 wanted to get your feedback on this issue and make you aware that it is, as yet, unresolved. Please reply prior to the meeting so we can discuss this matter with OEI before the hearing. Thanks, Bill. 9 Page 1 Will Berg From: hawkinsb@ci.meridian.id.us Sent: Tuesday, February 29, 2000 1:19 PM To: bergw@ci.meridian.id.us Subject: Bonding Memo 1-1 Gigray-PrivateBondi ng. mem.doc Hi, Will - Attached is a copy of a memo that I sent to Bill Nichols (even though it's addressed to Gigray) requesting clarification on the O'Neil Enterprise (Woodbridge) question of private vs. public bonding. I've also sent over a hard copy. If you have any input on this or know of another ordinance to refer me to for more clarification, please let me know. Thanks! Meridian Planning and Zoning Commission February 8, 2000 Page 47 Norton: Mr. Chairman, for the record I abstained from voting at the last vote. I did not vote. I think there is a real concern here regarding density and I think part of it is my newness. I did not understand. I thought we were voting on the density of this vote. I think it is too dense for my liking. I think we have a wonderful neighbor who is allowing children to access. I can understand Commissioner Brown's comments regarding it permanent but I hesitate to go that way. Just so the Commission understands where I am coming from. I think it is too dense at this point. Borup: Thank you. Any other Commissioner's have any comments before I assume someone make a motion. Brown: Mr. Chairman I move approval of Item 6 the request for preliminary plat for the proposed Wesley Subdivision for 30 townhouse lots and one office lot on 5.029 acres by Centers Construction subject to staff recommendations and comments. Barbeiro: Second the motion. Any discussion. The motion did reflect the previous motion on converting two lots to the open space park area. I assume everyone noticed that. Commissioner Brown changed 32 to 30. Okay, we have a motion, all in favor. MOTION CARRIED: 2 AYES, 1 ABSTAIN, 1 NAY Borup: Question for the attorney. Do we need 3 votes or just a majority of those voting? Swartley: Mr. Chairman, a majority. You just approved it. Borup: Well we don't have a majority of the Commission. That is why I asked. We had 2 aye votes. END OF SIDE FIVE Borup: Thank you. That is concluded. The recommendation will go on the City Council. For anyone here, there is another public hearing at City Council where essentially the same process will be repeated. 7. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR WOODBRIDGE SUBDIVISION -164 LOTS ON 50.9 ACRES BY WOODBRIDGE COMMUNITY, LLC—EAST SIDE OF SOUTH LOCUST GROVE Y4 MILE SOUTH OF FRANKLIN ROAD.- Borup: OAD:Borup: I'd like to open the public hearing on this item and begin with staff comments. Hawkins Clark: Commissioner's, this project, as you know, has gone through the process of annexation and zoning and conditional use permit for PUD conceptual. They are now coming through for a preliminary plat and on the screen is phase one , which is the west side of the five mile there which does conform to the conditional use permit, Meridian Planning and Zoning Commission February 8, 2000 Page 48 planned unit development, conceptual plan, that you and the City Council have approved. This is the view from Locust Grove and a view of the stub street from where you enter the property. A written response to the staff comments was submitted this evening and I would defer to the applicant to go ahead and address those with you at this time. Borup: Any questions of Brad from the Commission? Would the applicant like to come forward. O'Neill: Mr. Chairman, members of the Commission my name is Derrick O'Neill. 100 North 9th, Ste. 300. 1 am president of O'Neill Enterprises, managing member of Woodbridge Community, LLC. Hopefully we won't be here till 3 o'clock tonight. I want to clarify a couple things and maybe make this real quick. One we have reviewed the comments made by staff in the staff report. We understand and identify the areas of concern by staff. One we agree the reasonably issues and understand our obligation with them and then we also intend to work with staff to define and clarify these comments. As asked, we submitted today some clarifications and supplemental language to their conditions so we could start a dialogue with staff. We also made a copy to you guys here. With that being said, we feel as we did in the past that we would request a recommendation for approval to City Council from you subject to a couple of things. One that the staff and the applicant have the ability to refine, clarify and supplement the comments in the staff report prior to City Council hearing. We just want to make sure we have the (inaudible) not to change the words but to sit down with them and refine, clarify and supplement the comments to the staff report. I think a lot of them are engineering related. I let my engineer go about 9 o'clock because he had to be home, but I think these are issues that we can sit down and work through with the staff. I guess that is what I would ask you to do now. If you don't want to do that I suppose we can spend a sufficient amount of time maybe going through each of the issues but I think we can work through it the way I suggested. I leave that up to you guys. Borup: Okay. Any questions for the Commissioner's Hatcher: I have a question for staff. Based upon the applicants comment in working directly with staff and refining these issues, do you have any problems with this? Hawkins Clark: Since most of them are engineering related I will defer to Bruce here. Freckleton: Mr. Chairman and members of the Commission. As Mr. O'Neill pointed out, a lot of these are engineering related. I guess maybe I would like to just state that we certainly would be willing to sit down and try to clarify our points if they are not clear enough. We want to be intent of the comments for example, site specific comment number 1. You've read my comments many times before about sanitary sewer. The requirement on the applicant is to install the sewer mains to and through the proposed development. The designer is to coordinate main sizing and routing with public works. That certainly is something that we definitely need to do with their design team. The comment as I drafted it in this memorandum, I did elaborate a little more than I usually Meridian Planning and Zoning Commission February 8, 2000 Page 49 do and those comments were based upon some earlier information that we had at the time of the Five Mile Trunk Line Sewer was built. Our consulting engineer at the time Roylance and Associates prepared a sewer study at the time showing us where mains needed to be ran. Certainly I concur with the applicant that we need to go over hard field data to best determine the routing and size of those lines. I don't have a problem what so ever with doing that. I have talked several times with the applicants engineers regarding irrigation and so forth. I guess in a nut shell, I don't really have a problem with meeting with them and clarifying these but I do want to just make sure that the comments as written are our intentions. We intend for these comments to move forward with some modification maybe as far as clarifications. I certainly don't want to get into a situation where staff is an negotiation process. I want these to move forward, maybe with a little refining. But, not to sit down with staff and negotiate points away. Borup: I am maybe assuming Mr. Hatcher I think is there probably some hesitation on the Commission to forward something on so open ended. We have not even seen the applicants comments to the staff comments or any reply so I assume that is kind of where you were heading. Hatcher: That was not where I was heading but it was one concern. Where I was heading was upon having staffs concurrence with Mr. O'Neill being comfortable that you can resolve staffs comments with your engineers prior to the next or the City Council hearing this. O'Neill: Based on the information we have I feel we could certainly do it but I am not sure we have the information here in front of you tonight to be able to make a decision on whether or not the street corner or the sewer all along Locust Grove needs to be put there. I think we've got to do a little more engineering work and there maybe an alternative that is different then that that satisfies the City and City engineers that may allow us to do something. If you did this as written, it says includes all frontage along south Locust Grove Road and we are not arguing with the fact that we need to put sewer through and to the project, we are in agreement with that. We just want to make sure that we don't have to (inaudible) all the way along south Locust Grove Road if there is another way to do that or if the topography would not let you do that. We are in the preliminary plat stage. We have not done the final design on the sewer. We are working on that and that is something we certainly intend to do. Borup: I think what Mr. Hatcher maybe asking another time to do that before the City Council hearing. O'Neill: You bet. I think we'd feel very comfortable doing that. Freckleton: Mr. Chairman that is an excellent example. Certainly it is Public Works intent that sewer be installed along the entire frontage of Locust Grove. One of the discussion items that we have had is whether it be best served to bring sewer through their development out on to Locust Grove and then run south with it. And, as well as run north with it to the north boundary of their development. We don't know yet until we Meridian Planning and Zoning Commission February 8, 2000 Page 50 have some better engineering information whether that north leg would be best served coming back to the line that they would be extending through their development or whether it would be better served running toward Franklin Road. However, it is our intent that one way or the other sewer would have to be installed along the entire frontage. If it is determined that that stretch from their entrance road to their north boundary is better served going to Franklin, then that stretch would be installed by O'Neill's as a dry line sewer until such time it could be extended on further north to Franklin Road. From Public Works perspective we are looking at sewer in all of the frontage one way or the other. Borup: Just on that example, if it did extend to Franklin, what property would that service? The property on the west side of Locust Grove then? Freckleton: The west side of Locust Grove and the property from their north boundary to Franklin. Borup: Well right, but O'Neill's would not need that. The only one that it would service along their frontage would be on the west side of the road then. Hatcher: Mr. Chairman, lets not forget that this project does also have another piece of property on the west side north of what's in front of us today. I see these as design issues, not preliminary plat issues. O'Neill: If you read condition number 2 1 would be more comfortable, which does the same thing in my opinion—dealing with the water. It is really handling the issue the exact same way. Water service to the site will be via extensions of existing main on Locust Grove Road. The applicant will be responsible to construct water mains to and through the proposed development. Subdivisions designer coordinate main sizing (inaudible) the Public Works Department. In my mind the sewer issue is essentially the same thing. We've got to provide the sewer to and through and we have to coordinate that with our final design with the engineer. What 1 did not want to go through and specifically nit pick these things. I am prepared to, but I feel we can work through these with the City Engineer and by the time we hit the City Council, we will have maybe refined and clarified some of these issues and will be comfortable and the City will be comfortable with— Borup: Question then for staff. What is the status if agreement for some reason is not reached. Does it still go forward to City Council or come back to us. Do we know? Freckleton: I guess I would defer that to legal counsel. I am not too terribly comfortable with this set up. We can not send recommendations to City Council without an approval from you guys. Their then going to go and work this out with staff and I am not going to have anything to recommend to City Council. Nothing is going to them. O'Neill: I think it is misunderstood what I said. I was—I am saying as long as you recommend approval of the subject to staff and applicant having the ability to clarify. Meridian Planning and Zoning Commission February 8, 2000 Page 52 O'Neill: Then I am prepared to go through our specific comments and tell you what they are. Brown: And, as we discussed, those comments are engineering items and we need comments from staff to know that that is. If staff feels confident to handle that now, as you discuss each one of those items, then I guess that would be appropriate. If no, we are wasting a lot of peoples time. We don't even have them in front of us. You have not choose to share that with us yet—what your comments are. O'Neill: We got the report Thursday. We've tried to sit down with staff but staff has not been able to do that. I'll share with you right now if you want comments and walk through with them specifically. Borup: Let me ask Bruce and— O'Neill: Shari isn't even here so I don't know how staff can address the issue. Brown: Her staff is here though. Borup: How soon do you think a meeting could be set up and how many do you think it would take. Freckleton: Since the time we drafted our comments I have had numerous phone calls with their design team. Staff is pretty reluctant to sit down at a table after we prepare comments and send them to Planning and Zoning or City Council for that matter outlining our position on these issues. We are pretty reluctant to sit down and basically negotiate things away. We are not or can not do that. Once our comments are submitted, they're submitted. I believe this is the proper form for those discussion items. I certainly can address the engineering right now if that's your desire. I don't know if Brad is prepared to tackle the other items or— Borup: Do you have enough information as far as the grade, topography and design. Freckleton: I don't but I believe that that first comment can be handled pretty simply. Those are design issues that we would have to work out between now and the time that we approve the final plan for the development, which is a normal standard-- I don't —1 feel comfortable with —if you want to refine that comment to say something like routing and sizing to be determined between the applicants engineer and public works. Hatcher: Mr. O'Neill, question for you. Short of going through each and every one of these specific topics and talking about each issue, in general can you enlighten me as to why you have a problem with each one of these. This is not a form for negotiation. We are not lawyers sitting here negotiating a deal. The City's got requirements that it has to uphold, so I want to know in general where you are coming from and why you don't concur with these comments. Meridian Planning and Zoning Commission February 8, 2000 Page 53 O'Neill: I think I can do that. Borup: Real quickly go those that's okay. Just say we're fine. O'Neill: Condition number 1, sanitary service. At this point we'd request to work with Public Works Dept. so that we can get farther with the final design to determine whether or not their exact conditions are appropriate. We think as we get into final design and further design there may be some alternatives that achieve exactly what staff or what the engineer wants and will satisfy the same purpose. Condition number 2 is okay. Condition number 3, we want to modify and include the fact that we don't want to pipe or tile the wetlands on the property. There is a small wetlands area on the property that could be construed as a drainage and we don't want to tile or pipe that. Condition number 4, we would like to be able to and you've got the thing that has been handed out to you so you can follow this, we would like the ability to work with staff and give them input and design and location of the street lights. We understand that there is specific codes and we've got to follow those, but we'd like to have input in the design and location of them. It is something that we have done many, many times in the past and would like to do. Condition number 5, detention ponds. The detention ponds will be built to handle the necessary drainage for the highway district as well as the City Engineer. There was some question by staff as to whether those would satisfy the common area requirement that we've got in the project. We identified common area that would be twice the required common area in the project. We still intend for these detention (inaudible) common areas to service some active and some as passive open space. There was a questions there by staff and I think we're saying we will satisfy the engineering requirement and we will have some open space that is passive which means kids don't play in it but it is open and you can look at it. We took staff out to a project and showed them a while a go the way we would design and do these and we still very much intend to do that. Condition number 6. We disagree with and feel that what we agreed to in the conditional use permit was a fencing and landscape plan along Locust Grove Road. That is what we would like to continue to do. We also agreed that we wold bond for that. We don't feel detailed landscape plans for all of the common areas within the community are necessary for review and approval prior to submittal of the final plat. What we agreed to in the conditional use permit was a landscape plan along Locust Grove Road to be reviewed for prior to. I think you can recall that. Same thing with perimeter fencing. Condition number 7, a letter of credit or cash be required for all pathways, swimming pool, community center, sanitary sewer, water prior to signature on final plat. Our comment on that on the research we've been able to do in the last little bit and in past projects is that bonding is not required for primary improvements and code requires that public improvements be bonded for not private improvements. This is a private improvement. We feel with the development agreement and the conditional use permit the City does have authority and the requirements to get us to put those improvements in, but to bond for them, we don't feel is appropriate. Condition number 9, sewer and water assessments I guess we just want more clarification on that. It talks about in addition to these water and sewer, latecomers fees will be charged against this parcel. We have asked now for over a year and a half what those latecomers fees would be and what the formula would be to Meridian Planning and Zoning Commission February 8, 2000 Page 54 determine those. The formula has changed and we have not been able to come up a (inaudible) number. We don't want to agree to a latecomer fee until we understand what in the world it is going to be and what the formula is. Again, something I think can be handled but we have not been able to come to closure on that issue. We also want to make sure that there is latecomer fees that we can generate if we are pulling services to our site that other people are going to benefit from as well. Condition number 10. There is a question about the homeowners association or Nampa Meridian Irrigation District owning the irrigation facility. We fully intent for this to be Nampa Meridian Irrigation system. It talks about year around service to the property. I guess I am still — we have talked to the Engineer a little bit but I am not still real clear to this. Our limited investigation shows us that this condition, if we can't have year around water, we need to hook up to City water for 3 months out of the year Oct thru Jan, and there would be an assessment or hookup fee for that in access of $90,000. We are not sure we understand that to begin with and/or agree with it. Condition 14, it's a tough one. We sympathize with the City and I guess what we can say is that it may be ludicrous for the City to maintain and accept liability under such a scenario. We are willing to offer the Nampa Meridian folks as a homeowners association the liability insurance necessary for them to be comfortable with it, but we would like the City to help us work with the irrigation district so we can work through that. As you remember, part of the Comprehensive Plan asks for projects to have pathways along Five Mile Creek. Under this scenario the City doesn't own or wouldn't own this immediately. We would be the ones putting it in and owning it and the irrigation district has a problem with that. What we are asking that the City works with us on that but I guess I don't really have an answer for their concern on 14, other than I agree with them. It would be silly for them to take responsibility of something that they don't own. I guess that we would ask that we enter into the agreement with Nampa Meridian. We would provide liability insurance to Nampa Meridian until such time it could be assigned to the City of Meridian. I guess I did that very quickly, but you asked for an overview and then I handed you specific comments and some narrative to those comments on each of the conditions. Borup: Any questions. Hatcher: I guess more of a statement. Going through this —following along in you letter as your speaking, a lot of your concerns is that the I's aren't dotted and the T's aren't crossed and you don't know what the specifics are. If you were referring to will it be remembered when, if you remember during the conditional use permit and our submittal to the PUD and stuff, I am kinda put the shoe on the other foot. When you came in 2 or 3 months in a row on this project asking us to listen to your general request and while we don't want to get specific because we are in the design process. This is a overall design intent and while we can't give you a specific answer because we don't have one—well now the City's turned around and said hey, we have specific answers for you. These are our conditions. I can appreciate your position and I know that PUD's are very harmonious space, but I think it is time that we start dotting I's and crossing T's, and it is time for OEI to start dotting I's and crossing T's and if that means that you have to sit down with your engineer and start working these details out to conform with City Meridian Planning and Zoning Commission February 8, 2000 Page 55 requirements, then that is the time —1 feel that is where we are at now so we can come to agreement because we can't keep going forward with generalities from this point on. O'Neill: I agree with that 100 percent. My response to that is if we can't sit down with the City Engineer to review some of these, we've got to put them in front of you. Specifically, Condition number 3. The way we read that is that Condition number 3 would say that any drainage ditch or easement needs to be tiled. We have a drainage ditch that is considered a wetlands and we don't feel that it is appropriate and/or necessary to tile it. So would ask that that be changed. Another one is we are saying is don't feel that we need to bond for private improvements because we can't find anywhere in your code or your laws that says we are required to bond for private improvements. Therefore, we are agreeing that if it is public improvements we would bond for it and in the conditional use permit we did agree to give you a specific detail and plan and we would bond for the Locust Grove Road, which we said was a very specific area. We agreed to do that and are fully prepared to do that. Commissioner Hatcher, I agree with you. What we are trying to do is get some way to work with these guys to say, you know we either come to an agreement or don't or we got to come in front of you guys and City Council and say what I just did. I guess the letter that we presented to you is our way of crossing the T's and dotting the I's. We feel that there is somewhere between what the staff has submitted and what this is should be the ultimate reality, but that is what—we had a 48 hour period of time to turn this around to you. We would have much rather have gotten it to you yesterday, but we did not have time to do that. I agree with you. Hatcher: I can empathize with you. Staff recommendations are dated February 2nd and your response letters dated today. At the same time I don't think the Commission in front of you tonight and I speak for myself, but I don't think like you told the first time we met, we are not going to make any snap decisions. If we want to sit here until 3 o'clock in the morning again working these all out, we can do that. Where did we get last time? We ended up postponing it anyway. Not of us could think straight at 3am. Freckleton: If you would like I could fly through probably just a wee bit quicker than he went through and touch on each of those items and maybe clarify some of these points for you. Hatcher: If we could get to come resolution by all means, I would welcome it. But, if we are going to sit here and spin our wheels to night— Borup: One thing I might mention, we do have a meeting scheduled for the 22nd of this month that is all ready on the books. O'Neill: Can I ask a question? If it were moved to the 22nd , would that still leave us the ability with that hearing and approval or recommendation to be in front of the Council on tn the 7 Meridian Planning and Zoning Commission February 8, 2000 Page 56 Borup: Do they need 15 days? It looks like we are a day short for notification. There is just not enough time for legal notification. Commissioner's, do we want to have Bruce – Hatcher: I think you can appreciate where we are coming from. We have been down this road before. I think for your benefit and the City's benefit we deal with this properly. O'Neill: I guess I need some indication that maybe we should go through some of these and get your guys thoughts on them. What I am hearing staff say is they have written these things and this is where they are and they are not going to move from them. If that is the case, I guess we—it is not going to be between us and staff. It is going to be between us and you folks. I don't think that is really what the staff's intent is but – Hatcher: I don't think staff's intent is that either, but there are minimum requirements and I think staff has been relatively specific and clear on what those minimum requirements are. How those requirements are met is a design issue and that goes to your engineer. It doesn't go to this board and it doesn't go to staff. It is your engineer that needs to provide those answers. Borup: Well, I don't know if all of that is clear cut on every item here O'Neill: I think there are some specific code issues and that is what we are asking for clarification on. Take number 7, we don't see anywhere in the code where it says bonding for private improvements are necessary. We are asking for— Borup: You want to get Bruce and Brad—do you want to go down through those? Take the applicants response you feel is just—can you do that quickly? Freckleton: I would do that, yes. Item number 1 we have talked about. I don't think we have any –we are in agreement on that. Item number 3 -our comment comes straight from Ordinance. Ordinance requires that all ditches be tiled. If there are certain ditches that the applicant can not tile for one reason or another, I believe the proper procedure would be to get a variance to the tiling requirement. That is not something that staff can just set aside. Borup: That is per ordinance. I am going to interrupt here as we go along. Maybe clarify things as we go. Your comment on—the only concern on that was the wetland area. O'Neill: Yes. It is a delineated Army Corp of Engineers Wetland. Borup: It looks like from your plat you don't need to be realigning the wetlands anyway. O'Neill: A portion of it. We are medigating a portion of them. Borup: So your looking to make that somewhat of a amenity—Subdivision design and water amenity. Meridian Planning and Zoning Commission February 8, 2000 Page 57 O'Neill: Yes. As you can see at the upper part of there, that is the area we are medigating and we will be moving in the area— Borup- You just going to move it over? O'Neill: We will move it over and then medigate up above. That area right above up there is the area of question that I am seeing that is a delineated wetland and we feel it would be appropriate to leave it open as opposed to tile it and ditch it. I think there are words in there that said there were circumstances that would allow us to do that, I think you guys could look—that's what we'd like to do. Borup: Does the City even have anything that addresses wetlands? Freckleton: Not that I am aware of. Brown: That's not one that we can wave. If it is an ordinance it's one that Council has to do. Freckleton: That's correct. O'Neill: We don't have a problem taking that up with Council. Borup: That item would be a variance then. Item number 4. Freckleton: Item number 4, Public Works Dept. designates the locations for street lights. The City of Meridian has adopted a standard type of light. If the applicant wants to do more than our minimum standard, they can certainly do that. If they want to go to a historical type light, they can certainly do that. As long as they meet the minimum criteria that we set down, they can do it. If they want to go with historical pole and light, the City requires that they enter into a street light agreement which basically states that the homeowners association will own and maintain the lights. The City of Meridian will pay power on them but we won't take over ownership or maintenance of them. The concern there is because they are non-standard, non -stock items. If a globe gets broke you don't just go down to you local electrical supply house and pick a new one up. And it can be fairly costly as well. Borup: And your concern on that item was? O'Neill: My concern was we don't have a problem at all meeting the minimum requirements, but what we'd like to be able to do is if we exceed or do something that satisfies the minimum requirement be able to do it. For example, if their minimum requirement is 3-25 high street lights and we want to put in 6-20 foot street lights to give you more light and coverage, we want the ability to talk to them about doing that. Borup: That kind of thing— Meridian Planning and Zoning Commission February 8, 2000 Page 58 O'Neill: That is the kind of thing we want to do. We want input in the design and location of street lights. Borup: Sounds like that one is okay. Freckleton: That's fine. O'Neill: Its not if we don't get the design and input part of it included in there. Hatcher: That is normal design. These staff comments aren't going to hold you to the law like your implying that they will. Freckleton: I'll skip over 5. That's kind of a P&Z issue. I will go down to assessment fees, Item number 9. The latecomers fees as Mr. O'Neill mentioned, we haven't determined a fee yet. We do have a consultant working for us right now that has been cleaning up some of these old ones to determine these fees.. Borup: This sewer is coming from Magic View area? Freckleton: It runs right up along side Five Mile Creek—toward St. Luke's. The latecomers fee is basically going to be the mechanism that the City is going to have in place to reimburse itself from hook ups. Borup: That hasn't been figured out? Freckleton: We haven't had that much development pressure out in this area—not as much as much as we have in other areas, but we do have a consultant working on it. We will be getting that very shortly. Certainly if this applicant does install sewer and water out in Locust Grove as we've put in our comments, they would be eligible to or they will be able to make applications to City Council for latecomers reimbursement agreement for that line. That is Council's decision whether to enter into an agreement or not. Borup: Is there any indication that the latecomers fees here would be anymore than other areas. Freckleton: No. Probably be fairly standard. Just a ball park idea, I'm guessing it would be somewhere around 500, 600. It depends upon the size of the service area of course. This is a fairly large service area for this trunk line so it is distributed out over a larger area. O'Neill: I guess we just feel a little uncomfortable with that being open ended so that is why we suggested—(Inaudible cross over discussion). Meridian Planning and Zoning Commission February 8, 2000 Page 59 Borup: Do you feel comfortable saying there is not going to be any higher then any other area in Meridian has been assessed. Freckleton: I don't know that we can pin ourselves down with that Keith. Borup: I'd feel the on that one. How do you agree to—that's agreeing to a blank check. I guess you've got to trust the City is going to be reasonable. O'Neill: I guess that is what we are saying. We'd like something in there that gives us ability to work with the engineer that makes sure it is consistent with and reasonable. Freckleton: If they want to look at the methodology for the calculation— Hatcher: Can we have a specific number to OEI by the City Council meeting from that consultant? Freckleton: Possibly. I've got him working on another fairly sizable one right now and am not sure when they are going to have that one delivered. I'll shoot for it. Barbeiro: Derrick definitely needs a number because he needs to be able to plan what he is going to charge as fees (inaudible). Freckleton: Item number 10. I guess the biggest thing there was they had some questions regarding the methodology or the why we require a single point connection. Just simply stated it's to cover the period of time in the spring of the year and the period of time in the fall of the year when you don't have irrigation/water live in ditches. Now, after talking to (Inaudible) Engineers, I believe that they are looking to Five Mile Creek for their source. If that is the case, that is a year around flow in Five Mile Creek and this is probably a mute point. It is and has been and will be a requirement of the City of Meridian to have year around source of water to a pressurized irrigation system. It depends on the design of the system at this point. Borup: Was it your intention to design that from Five Mile Creek then. O'Neill: That definitely is our intention, but if we are not able to deliver and we are not sure yet we're not able to deliver year around water the way we interpret this it is in order to have the pleasure for the City they have water for 3 months out of the year Oct thru Jan, we are going to asked to pay a $90,000 plus hook up fee to the system. At least that is the way we understand it. It is the difference in paying for the water to use the water and paying just to have the privilege to use the water. This is for common areas not for individual home sites. There is a big, big dollar issue there that we just don't — Borup: Has there been any other options Bruce. Meridian Planning and Zoning Commission February 8, 2000 Page 60 Freckleton: There certainly is. They could Some sort of shallow ground water well. look into the option of drilling their own well. Borup: Is there a concern at this point where the Five Mile Creek would have the capacity, is that what your— O'Neill: Don't know the answer to that. Freckleton: It certainly would be our —it's in the best interest of the City if they do find an alternate source for their year around. Water is very costly to pump and especially to put on the ground. If they can find an alternate source, it is definitely in everyone's best interest I believe. O'Neill: We consider we have an alternate source. It just may not be able to be provided Oct thru Jan or Feb. Certainly it is provided Mar thru Oct. What they are saying, if we can't provide the water from Nov thru Feb, we've got to be able to hook up to City system so we can turn our sprinklers on. Borup: That is not the City's intent is it. Your not worried about water in the winter time. Your worried about water in the early and late growing season. Freckleton: Exactly. In the event we have a drought year and Nampa Meridian shuts the water off in September and people's yards are dying, they are going to be screaming. That is the purpose of having the second connection. The assessment fee that he is referring to is the potential impact on the City system to be watering the common areas off of the City system. It is based on the square footage of the landscape. O'Neill: We would need clarification on what the specific assessment would be. If we know the square footage of it, is it just to water the common area or is it to get a hook up fee and then we pay in addition to that to water the common area. We— Freckleton: The assessment fee is your hook up fee. Then you will have a monthly billing. The assessment fee is one equivalent residential unit, in other words what one house would pay for every 5450 square feet of landscaping. O'Neill: That's what we though we heard you say and we disagree with the methodology of that. END OF SIDE FIVE O'Neill: It's double dipping. It is one for your individual home site and one for the common areas. Meridian Planning and Zoning Commission February 8, 2000 Page 61 Freckleton: No. Your only paying for your common area. Your only paying assessment fees for your common area. The other has all ready been paid for with each individual building permit. O'Neill: Which means its being paid for twice. Freckleton: No, it is not. It is being paid for once. O'Neill: (Inaudible) paid for by us as the developer but it's paid for by builder. Freckleton: They are paying for their building lot. They are not paying for your common area. Borup: I think there is some confusion there. He is saying your assessment fee would be just for your common area, not the individual lots. How you assess that is 5400— you say 5400. O'Neill: And if we have 16 acres of common space then you multiply that out. That comes to about $90,000 for the assessment to hook up to the system for potentially a 2 month period of time when their might be a dry season. What we are saying is that we just don't agree with that. Borup: But you've got to get your source from somewhere. I think what the City is saying you have there, you get Five Mile Creek or drill your own well. Hatcher: Bruce, this requirement—this 12 month access to water for the common area, whether it comes from the City or other sources, is not the condition. (Inaudible conversation talking over one another) Hatcher: Unless we sit here and change the wording. I concur with him on that. Freckleton: In essence it is year around. It is water that is available year around. Howevex, your not going to be using it outside of the growing season. I don't know what words to apply to that. That is the intent—is to pick you up from spring of the year prior to April 15 when water comes in the ditches and from October 15 to the end of the growing season, whatever that might be. Hatcher: That source would come from Five Mile Creek or a well or the City. The assessment fee is only incurred if they connect to the City. Freckleton: That's correct. Brown: The assessment fee is—how is that determined. I mean —you quoted figures. Where do you get that. It's in the code? Meridian Planning and Zoning Commission February 8, 2000 Page 62 Freckleton: That's in the Ordinance. O'Neill: We need some help or clarification what section and verse that is in the Ordinance so we can make sure we are comfortable with that. Freckleton: I don't have a full Ordinance book. Borup: I don't know if we are going to get an answer to that one. I think you need maybe to do some research on water capacity out of Five Mile. O'Neill: We are doing that as we speak. We were surprised by this one. We weren't aware— Borup: Yeah, that may answer the whole thing. That has been on every Subdivision— the off season source of water. At least the last few years. I think it became effect because the problem, isn't that correct. Freckleton: The reason they did—the problems we do have when we don't have this requirement is people will connect their sprinkler systems to City water and irrigation water and many times, without the property back flow devices, which— O'Neill: I don't think we have a problem with the intent of this. We just have a problem with understanding the formulation. How do you come up with the dollars and taking to the extreme, it is a large dollar number to us and we'd like to understand where in the section and code (Inaudible) the common areas and the fee that— Borup: Looks like some other options. Not the only choice. Freckleton: Some of that we can (inaudible) from ordinance and some of it is policy. Borup: Do you have a comment on 14 Bruce? Freckleton: I don't. I would defer that to Brad. Borup: Brad, start with number 5 then. Hawkins Clark: Right. Number 5 deals with the open space areas and 1 would refer to the Findings of Fact and Conclusions of Law that were approved by the City Council. It is paragraph 2.1.5 on page 10 and I assume that you don't have that so I'll just--. It doesn't speak—the findings state that the development should include a minimum of 14 acres of open space generally consistent with the master site plan and I believe this is generally consistent with the master site plan. They have referenced the 20 percent, the findings state 14 acres, I don't have that for you what that is. Maybe Scott can. The term open space shall include with out limitation an active recreation area and community center, pocket parks, linear parks, green belt corridors along Five Mile Creek. Only site wetlands and corridors between neighborhoods. That must be a Meridian Planning and Zoning Commission February 8, 2000 Page 63 mistake there. In terms of the applicants response that the purpose is to include active and passive uses. It is the intention of the developer to use these spaces for storm water detention I think. It might help first of all to get it pointed out exactly which areas we are talking about. I think if its usable as it states in the findings and fact there were approved by the City, as in many other projects there are design issues when it comes to designing these retention areas. The two percent slope and get it so that there is not going to be standing water. All those issues that come into play. Borup: So, the concern is retention pond and whether they are usable. Is that your understanding from the findings that all the open space was supposed to be active, usable space. Hawkins Clark: That is the wording. An active recreation area and community center. That is the wording it uses. O'Neill: The active recreation center was designed where we are going to have the clubhouse, the swimming pool and an active area for someone to be able to play soccer or throw the softball around, etc. The areas in-between the neighborhood have in the past in all of our projects, and we intend to here, redefine as active open space. Where, if you want to go walk your dog you could do that but your probably not going to have a sanctioned soccer game or softball game there because there is going to be trees and drain rock in the bottom of the retention basin so its going to be used more passively then actively. It still serves as open space and the buffer between neighborhoods. It would meet the drainage requirements where the water has to drain through and for the highway district as well as for the City Engineer. We drove staff, not Brad but Miss Stiles, through several of our projects and she said this is very nice. This is something we'd like to see. Borup: That was my understanding from the first time that they were going to be in there. I guess a definition of what is active usage.. Hawkins Clark: I think so. I guess I don't see an issue with it. The condition dealt specifically with the detention ponds being designed in such a way that you don't have that accumulated water. I don't hear that they are not going to do that so—I don't see that there is an issue here. They stated they are going to maintain it for the governing agencies and that includes us. Number 6 is the fencing plan in detail –landscape plan. I guess I would again refer to the Findings of Fact and Conclusions of Law, 2.1.26 is on page 17. It does say that each plat shall address fencing details for the portion of the development covered by that plat. Fencing is not the issue here. It is the comprehensive landscape plan. I can not find and I agree with you, I can not find anywhere in the conditions that is states that we—that they are going to have to submit a detailed for anything but the Locust Grove buffer. Borup: Isn't that also what you were saying Larry. O'Neill: I am okay with that as long as – Meridian Planning and Zoning Commission February 8, 2000 Page 64 Borup: That makes sense to me. I don't think (inaudible over -lapped talking) O'Neill: It is a private improvement. Hawkins Clark: The wording in the condition – it is very standard that we require detailed fencing and landscaping plans at the time the final plats are submitted. Interior to the site on the public right of way, it does not matter. We ask for those to review those just for—typically there is not much reaction to them. They are just used mainly to get species so we have something to sign off on when it comes to signing the final plat. O'Neill: I don't have a problem with they signing off on a landscape plan, but we've got 5 or 6 different landscaped areas. We prefer to show you a typical. What we don't want to do is have to bond for that—have the City have to come out and say you put your tree in four foot deep instead of two foot deep so we are not going to release your letter of credit or bond. We agree with the fencing for the phase that its in, we will do that, but a detailed landscape plan for that entire area is something that we've never done before. We don't interpret the code to mean we have to do that. Don't have a problem sharing a plan with you. We do it in Boise. We've shared a typical plan. They look at it and say that works. Hawkins Clark: Would that typical plan be available at the time of final plat? O'Neill: Between the difference of final plat submission and approval I think is a different thing. We prefer to do that at the final plat approval. When you have to sign it, versus final plat submission. Borup: Your talking about just interior. Your saying you could provide Locust Grove. don't know how the other Commissioner's—I think that answers that for me through. Can that wording be changed to reflect that. Hawkins Clark: I guess I would just defer that to legal. To be honest with you I don't want to speak to the— Swartley: I can't speak to that either. Hawkins Clark: Maybe Will can speak as far as the public private. Borup: The only reason I can see is a lot of these amenities were added for the conditional use permit and PUD. Since it is conditional use you revoke it. O'Neill: It is real clear that the conditional use and then there is a development agreement that we have executed with the City that says we will put in these improvements and the City can revoke our conditional use permit or our development agreement if we don't. So, we are feeling that you are adequately covered there and Meridian Planning and Zoning Commission February 8, 2000 Page 65 it's -for us to go out and file a letter of credit or surety to have you come out and check whether or not we put the pool in the way we— Borup: That makes sense to me. Swartley: Mr. Chairman, one question. Was this in the new code or the old. The new one, the 9606B. You don't know. Okay. I was just curious. Borup: Then the last one—number 14. Have you answered that. Hawkins Clark: I don't believe so. The—they are committing to provide the liability insurance through the homeowners association. The idea is for the City to not commit itself on ground it does not own and I just see it as a rewording of what we have all ready stated. Am I missing something? O'Neill: Yeah I think it is an issue that we are going to need to work with and we'd like the City's support in working with the irrigation district on that. Ultimately, it might be something that could be assigned to the City if the City were to take it over, so we think that Nampa Meridian has said that we don't want to enter into an agreements with private owners. We'd rather enter into agreements with the City because they have the insurance and whatnot. We are going to try to tell the City or the Nampa Meridian that we will provide them the insurance and appropriate things and it could be assigned to the City. We are going to have a lot better leg to stand on going in and negotiating with Nampa Meridian if we've got the City at least to come in and say we support the concept but sure as #### don't what the liability until it is ours. Borup: I hope City going to work real hard on (inaudible). That's what we have been trying to do for day one. O'Neill: I guess that is what we're saying. Boy, everyone wants to do this and now all of a sudden we are being told that we got to go get it done on our own. We understand from the liability stand point completely what they are saying, but we think there is another way to work through it. Borup: Your just asking for the City to work with you on – Hawkins Clark: That's a condition. That is the exact working that the applicant and the City shall work with the Nampa Meridian Irrigation District in securing a license agreement. It's stated right there. Borup: What I am not sure, I think everything's agreeable except for 9 and 10. Hatcher: I think number 9 if we can agree that a dollar amount be available to OEI by the City Council meeting would be adequate. Borup: Bruce said he could not commit to that. Meridian Planning and Zoning Commission February 8, 2000 Page 66 Freckleton: I could shoot for having that number to you. I did not want to get pinned down to not to exceed. Borup: You can get that number by City Council. Freckleton: I'll shoot for it. I will try. Borup: Then, number 9 was on —Oh, number 10 was the pressurized irrigation and the alternative water. There needs to be more studies done too. Hatcher: Mr. O'Neill would you on Item number 10 with the irrigation, do you concur or plan to provide year around irrigation water. O'Neill: (Inaudible) would be fully to do that but I can't guarantee that. If I can't guarantee that I am willing to live with an interpretation, or at least a fair interpretation of what the City Code and Ordinance says. I would like at least (inaudible) to sit down and discuss a fair interpretation of what that says. Borup: Then your saying if you can't guarantee it your—all the residents will be without water. O'Neill: I am saying if we can't guarantee it because Nampa Meridian says Five Mile Creek you can't draw it out of, they may say you can but they say it. We can't provide a shallow well, then we would have to commit o a singleraw po ntut of conversion. I am saying that is a reasonable commitment, but we want to make sure we have a clear understanding of the assessment, how it is calculated and where it comes from and how we get to that — Borup: I think he stated what it is and how it is calculated. I guess the only question is, is that an ordinance or policy. O'Neill: And, I guess I'd like to sit down and have our folks interpret the ordinance as well. I think there might be a different way to interpret it. If there isn't, there isn't. Borup: 5400 seems a little small to me for open space irrigation. (Inaudible) residential lot is I am assuming and landscaped area, is that how— Freckleton: Exactly. Borup: I think a resident is going to use more water to let or to maintain the same square footage of area as opposed to an open area. Hatcher: No necessarily. I would not agree with. It probably uses more. Meridian Planning and Zoning Commission February 8, 2000 Page 67 O'Neill: We just want an understanding and it is curious to me that we do have in another project in another area, we do have a single source that connects to it. We did pay a hook-up fee for twice as much open space as this and it was not even close to $90,000 and we do if we need to use it because of the down season. We do have the ability to – Borup: So let say he calculates different then. O'Neill: Right, and I just want to make sure we have the ability to really understand that, more then what has been said, but what's actually— Borup: Have we spent enough time Commissioner's? I think agreements have been reached all but those two items and those are more information needs to be obtained. We've still got some more to handle on this. Did you have anything to wrap up. O'Neill: I think, I'm not sure what we got, but I make concurrence with what we— Borup: I think in my mind everything agreed on, maybe some re -wording other than (inaudible) intent. This is a public hearing. Our time is running short. We are probably going to keep the three minute rule in effect so if there is anyone here who would like t come forward. McMillan: My name is Reese McMillan. East 70 South Locust Grove. I would like to know on this –is this a revised or a spar than the original deal on there. They talked about an exit road to the east, where primaries coming out on Locust Grove Road. Borup: The exit road to the east isn't even handled in this phase. It is just a first phase. McMillan: What I am getting at though. I'd like to see a road go through there and keep some of the traffic off of Locust Grove because Jabil Mfg. is in operation. Semi trucks coming up and down our road continually and we are going to have a problem out there. Borup: Did City Council revise our recommendation? That road will still go through to the east. McMillan: Like I say, I'd like to see it go through on this phase of construction here and that way you'd get two ways in and out of there without everything coming out on Locust Grove. Also, I agree with or I disagree with the staff over here on the wetlands to tile it in because that has been wetlands for years down there cause the geese have hatched out of there and fly over my place all the time. That (inaudible) should be tiled in. I'd like to see it stay over down there. I agree with them on that. Five mile drain pumping out of that, I doubt if they will have enough water this time of year to even pump out of it because it runs real low. In the summer time when drain ditches and everything are running into it, irrigation water is in there, there is a lot of water in it. This time of year there is very little water in it. Meridian Planning and Zoning Commission February 8, 2000 Page 68 Borup: How does it though like through the end of October? McMillan: There is still little water coming in the tail end of irrigation. As the year progresses the water gets lower all the time. They have an existing well on that property out there and I don't know if they are going to pump out of there or not, but if they get too much water out of there, it effects my well. I am just the second house from that project. We have problems on that deal too as far as infringing on my well out there, because I've got water rights on that well since 1969 so I'd be a little bit perturbed if they start draining my water. Other then that, like I say, it's going to come anyway on the Subdivision so there is a few things I'd like to see. I know you have problems (inaudible) in your area over there next to Eagle Road don't you Mr. Brown. Brown: Actually, I think it would be better, personally. McMillan: Like I say, it coming over there in your neighborhood, why don't we propose your direction and I'd like to see something come out that other side to keep everything off of Locust Grove right now because we are in a heck of a mess out there some days. How deep is your well Mr. McMillan? Barbeiro: In regards to Mr. McMilan's comment about the access road through to the east, as I recall they are allowed to build 165 homes without that access. Can not built the 166 home until that access is complete. Borup: That did change. That got modified at City Council. Barbeiro: Right, so Mr. McMillan O'Neill can build 165 homes prior to that access to the east. Fox: My name is Allen Fox. I live at 1840 Cadillac Drive. My concern is basically the same as Reese had to say. Jabil uses our road to come down to work so in the morning you've got traffic backing up to the east now on Franklin. People trying to turn in on Locust Grove so they can go to work at Jabil. Now, instead of backing up from the west on Eagle, you - have to the east on Locust now. I would like to see that road shoved out also to try to help aleve some of the traffic. If you had this 165 homes or 164 homes your putting in here coming down Franklin, you people were nice enough to give us a 93 apartment building on the corner of Locust Grove and Franklin, which is going to be starting pretty soon I'm sure. Everything was passed on it. There is some more coming out right on to that road. As far as irrigation water, the irrigation water goes off the end of September, first of October and he will not see any pumped out at Five Mile Creek. I can all most guarantee it. His water right now is in our irrigation ditch. It will be taken out of our irrigation ditch and dumped into Five Mile Creek upstream. That is where his water will come from. That is all I have. Barbeiro: Mr. Fox, just for the record I want to remind you that the 93 unit apartment complex was recommended for denial by the Planning and Zoning Commission. Meridian Planning and Zoning Commission February 8, 2000 Page 69 Fox: First time around it was recommended to pass through and then it came back to you and was denied and then it was through again. McMillan: My name is Belle McMillan and I live at 870 S. Locust Grove. Talking about the water, ours is so hard that we have a little fountain by the patio and if any of that water splashes on my plants, it kills my plants. It is 27 grains and we have to have a water softener inside. When I first started washing my dishes, it look like they had been in a fire. They looks like they were smoked up and come to find out it was the hard water. Meridian water is hard anyway, and ours is really hard. I can't have plants around my fountain. I thought I might mention that. It is another problem. Lindly: I am Mervin Lindly. I live at 1790 Cadillac Drive. I guess what I have basically is a question. We have an irrigation ditch (away from microphone). If they divert their share of the water from this ditch, that certainly changes our situation. I guess I have questions about traffic lights on Locust Grove either at Franklin or at and or at the Subdivision or even for that matter down where the Jabil Company people come in. I am also wondering about the fencing on the Subdivision and how many more houses will there be built on this property. Thank you. Borup: Thank you. Anyone else? Mr. O'Neill any final response? O'Neill: In response to a couple of the comments. Traffic was dealt with. I think you guys referred back to the record and there are specific conditions about a secondary approval when that needs to be put in, etc. I think that addresses that. We are in agreement that in order for us to market and sell this property we've got to work hard to provide a solution at Franklin Locust Grove intersection so people want to live in our community not be stuck in traffic here. We are working really hard to help solve that problem. In terms of irrigation we do have a well on the property. We did not plan to use it for irrigation. We were planning on abandoning it. That is something we can research and as Mr. Freckleton said, we might be able to use that to provide our year around irrigation. We will look into that. In terms of Mr. Lindly comments, there is 165 planned homes for this first phase. For the second phase, we have the approval to do up to 283 units for the entire project so we will do the difference. That is 143 or whatever that is for the second phase. In terms of fencing, we will submit a detailed fencing plan. We are intending on the first phase of putting boundary fencing around the entire boundary. That is one of the conditions that was put on us so we are willing to do that. Borup: Thank you. Any questions Commissioner's? Has that been determined, the type of fence? Six foot solid. What is your pleasure at this point. Hatcher: Mr. Chairman I move we close the public hearing. Barbeiro: I second the motion. Meridian Planning and Zoning Commission February 8, 2000 Page 70 Borup: All in favor? MOTION CARRIED: ALL AYES Borup: Okay, I think the concern was how to handle the staff comments and OEI's response to those. I don't know if we want to try to reword it. In my mind I think there was agreement on both sides on either as it's written or staff said it could be re -written. Probably Items 9 and 10 and those were—both of those were information wasn't available. Hatcher: Say that again. Staff agreed that it could be re -written? Borup: I think some of the comments they thought the wording could be. Am I putting words in someone's mouth? Did staff feel that there was substantial agreement on everything or that they could be worked out on all the other items. Freckleton: We do. We feel that we've kicked this dog enough. I think with the exception of 9 and 10, yes we feel comfortable with. Hatcher: Comfortable with what Bruce? Comfortable with our discussion. Comfortable with OEI's response letter? Freckleton: I think comfortable with the discussion. Hatcher: So if legal counsel rights recommendation to the City for approval, we will have him refer back to our hour long discussion. If I am going to put a motion together here, I am trying to gather this up. Freckleton: Staff could put these discussions, basically paraphrase what we have talked about tonight, put them in writing and submit those to legal counsel if that would work for you guys. Borup: Would that be reviewed by the applicant somewhere in there? Freckleton: Cc it to the applicant. Hatcher: How do we recommend approval based off of something we don't see? Borup: Well we recommend—we've done it before. Essentially with having staff work it out, yeah. Freckleton: Mr. Chairman, did we determine that if they did come on the 22nd they would still be able to make their council – Meridian Planning and Zoning Commission February 8, 2000 Page 71 Borup: No, we don't have legal notification time. What starts the date when the notification needs to be done? Can you send out notices prior to the 22Id. Assuming that we are going to recommend to City Council. So there is still some hesitation. Hatcher: I don't have hesitation so much as-- Borup: I hope we didn't go through this whole thing for nothing. Hatcher: Not so much hesitation— Swartley: Mr. Chairman I have an idea. Could you open up the discussion again so Derrick could come back up and I could ask him real quickly. Let's see how good my note taking is. Borup: Re -open the public hearing and call Mr. O'Neill forward. Do I need a motion for that? Can I open that without a motion? Okay, would anyone like to make that motion. Hatcher: Mr. Chairman I motion that we re -open the public hearing. Barbeiro: Second the motion. Borup: All in favor? MOTION CARRIED: ALL AYES Swartley: Okay. On number 3 we agreed a variance was going to be okay, correct? O'Neill: Let me get to my – Brown: It requires a variance. Swartley: Requires a variance. Same with number 4, correct? Borup: No, that is not a variance. Swartley: Oh, I am sorry. Excuse me. My fault. Five Brad agreed it was okay, correct? O'Neill: Yes. Swartley: Six Brad agreed it was okay? O'Neill: Yes. Swartly: Seven Brad agreed it was okay? Meridian Planning and Zoning Commission February 8, 2000 Page 72 O'Neill: Yes. Swartley: Nine and ten will be taking care of about something to the effect of subject to an assessment and I will try to work the language out. Okay. O'Neill: I'm okay it will be agreed on, yes. Swartley: And then, 14. 1 don't have anything written there. Brad were you okay on that one also? Borup: 14 was just Meridian would work to agreement with them—Nampa Meridian. Swartly: That's it. If you want to approve that, I can do the recommendation that way. Hawkins Clark: I'm sorry. Number 7, 1 do not have any answer on whether or not (Inaudible) is for private cause that has always been required. Swartley: And that again, City Council and Mr. Gigray will probably address that. Okay. Borup: We could address that in our recommendation too, couldn't we? Whether it means anything, I don't know. Swartley: Yeah, if you want to take the time to. You want to close it, go ahead. Fox: I am Carol Fox. I live at 1840 Cadillac Drive adjacent to the south side of the Subdivision. My major concern is the traffic problems. Are we addressing the road situation at all. Borup: That was addressed previously. Fox: But it was said if you kept it at 164 homes he did not have to put any additional— the one exit and entry road onto Locust Grove was the only one he needed at this point until phase 2 went in. That is going to leave another 700 or 800 car trips going through, and that is disregarding Cobblestone Village or apartment complex, onto that road. It is going to be total gridlock. We are not going to be able to get out of this Subdivision. It is going to be a joke. It is getting to be that way all ready. Are we just going to leave this go and say there is no—they have one exit and entry for 164 homes. Borup: But you don't live in that Subdivision. Your worried about the people that live there you mean. Fox: No I am worried about where I'm at. I am living— Borup: I understand where your living now. But you're the one that is going to keep them from getting out. They are not going to keep you from getting out. Meridian Planning and Zoning Commission February 8, 2000 Page 73 Fox: They are going to keep me from getting out because our Subdivision is a dead end Subdivision. We are between the Subdivision proposed and the freeway. With the added traffic on this road right now, we can't get out of our Subdivision. We only have one way of getting out of ours. When you add another 300 homes with 4 vehicles per home or 4-5 trips out, you're a gridlock. Borup: Any questions for Mrs. Fox? Thank you. Brown: The only comment that I can make is that the developer has been given approval previously with a conditional use permit that said that he can put that many units in before a secondary access was required. It is an agreement that caused the developer to go out and come to this point being a preliminary plat. With the guidelines that he could do that he viewed that as being viable. I understand the problem that that creates and I understand where the problem is at and I think Mr. O'Neill spoke to that it is to their benefit to work with you and the other people that are along Locust Grove to help that situation. Borup: The purpose of this meeting is to review the plat. The design, the lot layout, the amenities, that is what the applicant is here for today. Norton: I move that the public hearing be closed. Barbeiro: I second it. Borup: All in favor? MOTION CARRIED: ALL AYES Borup: Okay. The attorney mentioned that he feels he can prepare, unless the commission wants to make any clarifications on probably item number 7 was the only one that I think Brad mentioned he did not — Hatcher: Mr. Chairman, if there is no further discussion on this I am ready to make a motion. Borup: Go ahead and make the motion. Hatcher: I recommend by motion that we recommend approval to City Council on the preliminary plat of the Woodbridge Subdivision, which includes 164 lots on 50.9 acres by Woodbridge Community, LLC to include staff comments subject to attorney's discussion with developer. Barbeiro: I second the motion. Borup: Discussion. Meridian Planning and Zoning Commission February 8, 2000 Page 74 Brown: Mr. Chairman, if I understand this correctly, a lot of these items really don't even apply that the applicant brought up. Am I correct in understanding what this motion is. For example, like the street lights. They clarified that they were speaking the same language on the street lights. Borup: Right. Yes. Brown: They clarified that we can't do anything about the applicants request for three because that (Inaudible) requirement. Did we clarify that 5 with the retention pond and the open space that we are basically speaking the same thing. Borup: That is my understanding. Brown: The detailed fencing plan on Locust Grove we now agree what's said in the staff report is accurate. Borup: Fencing and landscape on Locust Grove would be provided. The interior amenity landscaping would not be provided—a typical but they want some leeway in designing. Brown: And then 7 is — basically per staff's recommendations. Borup: I would have to agree with the applicant on that. I am not sure why we are looking for bonding for private improvements within the Subdivision. Their clubhouse, volleyball court and that stuff. That is one of their amenities. Brown: But, because we don't know that that's not the case, as I understand the motion it is yet to be determined, right. Borup: Yes, or we could add our own recommendation in there, which ever way we feel. Whether it would have any force—there is some specific legal requirement then our motion would be mute. Brown: Nine and ten have to do with the financial assessment that is called out by code and the interpretation thereof. Borup: Nine is. Ten is just that the City will—wait a minute. Yes. Brown: And then they are in agreement with 14. Borup: Any other discussion? Any addition or modification of the motion? If not I hope for a vote. All in favor? MOTION CARRIED: 3 AYES 1 NAY WHITE, PETERSON, PRUSS, MORROW &. GIGRAY, P.A. ATTORNEYS AT LAW JULIE KLEIN FISCHER PHILIP A. PETERSON Wm. E GIORAY, III STEPHEN L. PRUSS BRENT JOHNSON ERIC S. ROSSMAN D. SAMUEL JOHNSON TODD A. ROSSMAN WILLIAM A. MORROW DAVID M. SWARTLEY WILLIAM E NICHOLS* TERRENCE R. WHITE" CHRISTOPHER S. NYE *ALSO ADMITTED IN OR -ALSO ADMITTED IN WA 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208) 288-2499 FAX (208) 288.2501 To: Staff Applicant Affected Property Owner(s) Email via lnte et@Wfg@WPPM9 coin February 22, 2000 Re: Application Case No. PP -00-003 NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653-0247 TEL (208) 466.9272 FAX (208) 466.4405 PLEASE REPLY TO MERIDIAN OFFICE REcErvED MAR - 1 2-000 CITY OF MERIDIAN FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING COMMISSION Staff, Applicant and/or Affected Property Owner(s): Please note that these Findin s and Recommendations of the Planning and Zoning Commission shall be presented to the City Council at the public hearing on the above referenced matter by the Planning and Zoning Administrator. Due to the volume of matters which the City Council must decide, and to insure your position is understood and clear, it is im ortant to have a consistent format by which matters are presented at the public hearings befpore the City Council. The City Council strongly recommends: That you take time to carefully review the Findings and Recommendations of the Planning and Zoning Commission, and be prepared to state your position on this application by addressing the Findings and Recommendations of the Planiung and Zoning Commission; and 2. That you carefully complete (be sure it is le 'ble) the Position Statement if you disagree with the Findings and -Recommendations of the Planning and Zoning Commission. The Position Statement form for this application is available at the City Clerk's office. It is recommended that you pre! a Position Statement and deliver it to the City Clerk prior to the hearing, if possible. If that is not possible, please present your Position Statement to the City Council at the hearing, along with eight (8) copies. The copies will be presented to the Mayor, Council, Planning and Zoning Administrator, Public Works and the City Attorney. If you are a part of ag�rroup, it is strongly recommended that one Position Statement be filled out for the group, winch can be signed by the representative for the group. Very truly yours, City Attorne ' ffice m g/Z.\Work\MWleridian 1536OWLANNING AND ZONING FILE\PZPmdonStatemenLLtr BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR WOODBRIDGE SUBDIVISION, WOODBRIDGE COMMUNITY, LLC, Applicant Case No. PP -00-003 RECOMMENDATION TO CITY COUNCIL 1. The property is approximately 50.9 acres in size and is generally located at the East Side of S. Locust Grover, 1/4 Mile South of Franklin Road in Meridian, Idaho. 2. The owner of record of the subject property is Woodbridge Community, LLC of Boise. 3. The Applicant is the owner of record. 4. The subject property is currently zoned Low Density Residential (R-4). The zoning of R-4 is defined within the City of Meridian's Zoning and Development Ordinance Section 11-7-2C. 5. The subject property is within the city limits of the City of Meridian. 6. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. RECOMMENDATION TO CITY COUNCIL - 1 PRELIMINARY PLAT -PRELIMINARY PLAT FOR WOODBRIDGE SUBDIVISION BY WOODBRIDGE COMMUNITY, L.L.C. 7. The Applicant proposes to develop the subject property in the following manner: develop a single family residential subdivision. 8. There are no significant or scenic features of major importance that affect the consideration of this application. RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the preliminary plat as requested by the Applicant for the property described in the application, subject to the following: I . Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 1.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 1.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 1.3 Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. 1.4 Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 1.5 Coordinate fire hydrant placement with the City of Meridian's Water RECOMMENDATION TO CITY COUNCIL - 2 PRELIMINARY PLAT -PRELIMINARY PLAT FOR WOODBRIDGE SUBDIVISION BY WOODBRIDGE COMMUNITY, L.L.C. Works Superintendent. 1.6 Sanitary sewer service to this site will be via the existing trunk main that traverses through the development. Applicant will be responsible to construct lateral sewer mains to and through this proposed development, this includes the frontage along S. Locust Grove Road. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. Applicant will also be required to extend an eight -inch sanitary sewer m a 20 -foot -wide common lot between Lots 83 and 84, Block 6 to provide sewer access to an isolated portion of the adjacent Locust View Heights Subdivision. if sewer is to be extended between Lots 56 and 57, Block 3 to the existing eight -inch crossing, it shall be within a 20 -foot -wide common lot. A minimum 14 -foot -wide, all-weather access road shall be constructed centered over all sanitary sewer mains outside the public right-of-way. Applicant to include a note on his development plans to retain and protect the existing gravel access road over the City of Meridian's Five Mile Creek Sanitary Sewer Trunk Line. 1.7 Water service to this site will be via extensions of the existing main in Locust Grove Road. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 1.8 Developer shall indicate any existing ditch easements on the preliminary plat map. The boundaries of the Five Mile Creek easement need to be defined. Five Mile Creek is excluded from the piping requirement. Any deviation from this requirement is subject to obtaining a variance from the City Council. 1.9 Applicant shall coordinate with the Public works department to designate the design and locations for two -hundred -fifty- and 100 -watt, high-pressure sodium streetlights. All streetlights shall be installed at subdivider's expense. Typical locations include but are not limited to street intersections and/or fire hydrants. 1.10 Detention ponds shall be designed such that accumulated water is disposed of per the requirements of the City of Meridian and the Ada RECOMMENDATION TO CITY COUNCIL - 3 PRELIMINARY PLAT -PRELIMINARY PLAT FOR WOODBRIDGE SUBDIVISION BY WOODBRIDGE COMMUNITY, L.L.C. County Highway District. 1.11 A fencing plan, and detailed landscape plan for all landscaped areas, shall be submitted for review and approval prior to submittal of the final plat map. A letter of credit or cash surety will be required for the improvements prior to signature on the final plat. Perimeter fencing shall be installed prior to obtaining building permits. 1.12 Add a note that all finish floor elevations are to be a minimum of 12 inches above the highest established normal groundwater elevation. 1.13 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian for the clubhouse portion of the development. In addition to these assessments, water and sewer "Late Comers" fees will also be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. Latecomer fees shall be determined at a later time, they are under review and agreement will be reached prior to Council approval. 1.14 Applicant has not indicated whether the pressurized irrigation system within this development is to be owned and maintained by the homeowners association or the Nampa & Meridian Irrigation District. If the system is being proposed as a private system (H.O.A.), plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. 1.1 S Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a RECOMMENDATION TO CITY COUNCIL - 4 PRELIMINARY PLAT -PRELIMINARY PLAT FOR WOODBRIDGE SUBDIVISION BY WOODBRIDGE COMMUNITY, L.L.C. minimum of three feet above the highest established normal groundwater elevation. 1.16 Several lots on the preliminary plat map indicate that they are within the i 00 -year floodplain. The preliminary subsurface evaluation report prepared by Strata, Inc., dated June 28, 1999, states on page 5 under Opinions and Recommendations, "We recommend that residential development be restricted to areas outside the I00 -year floodplain." Several of these lots are also impacted by wetlands. Please provide plans and applicable agency approvals for any modifications to the floodplain and wetlands areas. Compaction test results must be submitted to the Meridian Building Department for all lots impacted by filling. 1.17 Applicant shall comply with all provisions of City Ordinance Section I I -I I pertaining to the Floodplain Overlay District. Conditions that may be required by the Commission in approving the use of structures in a Floodplay Overlay Zone shall include: A. Limitations on periods of use and operation; B. Imposition of deed restrictions; C. Location and arrangement of structures within the floodway and floodway fringe areas to avoid an increase in flood heights during the recurrence of the 100 -year flood discharge; D. Requirement for construction of channel modifications, dikes, levees and other protective measures; E. Placement of survey benchmarks; and F. Floodproofing measures. The evaluation of the effect on a proposed use in the floodway' and floodway fringe areas causing increase in flood heights is based not just on the effect of the single use acting alone, but upon the reasonable assumption that other landowners within the floodplain may need to be allowed to develop to an equivalent extent within the floodway and, therefore, the accumulative effects of all such encroachments must be considered by the Commission in making any decision. 1.18 The conditional use permit approved for this project includes a multiple use pathway along Five Mile Creek. This pathway is proposed to be public at such time as adjacent properties are developed, extending the pathway. John Anderson of Nampa -Meridian Irrigation District is of the RECOMMENDATION TO CITY COUNCIL - 5 PRELIMINARY PLAT -PRELIMINARY PLAT FOR WOODBRIDGE SUBDIVISION BY WOODBRIDGE COMMUNITY, L.L.C. opinion that the City of Meridian must enter into a license agreement for the pathway and stated it is their policy to not enter into agreements with private developers (even though they have done so on numerous occasions). It does not seem logical that the City would enter into a license agreement for a pathway which they do not own or have an interest in, which they are not constructing, and for which they will not be responsible for maintenance.. For the City to accept liability under such a scenario appears ludicrous. Staff requests input from legal counsel regarding this matter. 1.19 This project is subject to all terms of the development agreement and conditional use permit as approved by the Meridian City Council. 2. Adopt the Meridian Fire Department's Recommendations as follows: 2.1 Applicants shall satisfy all fire code requirements including those pertaining to water flow and fire hydrants. 2.2 Common areas will need to be kept clean of trash and weeds. 2.3 All roads to flag lots shall be posted with "no parking" signs and all vehicles, trailers, equipment etc. shall be prohibited from parking in those areas. 2.4 All roads will be installed before building is started with appropriate street name signs. 2.5 Only one way in or out. 3. Adopt the Recommendations of the Central District Health Department as follows: 3.1 The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health Welfare, Division of Environmental Quality. 3.2 Run-off is not to create a mosquito breeding problem. 3.3 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water RECOMMENDATION TO CITY COUNCIL - 6 PRELIMINARY PLAT -PRELIMINARY PLAT FOR WOODBRIDGE SUBDIVISION BY WOODBRIDGE COMMUNITY, L.L.C. quality. 3.3 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. Z:\Work\M\Meridian 15360M\Woodbridge Community\Mat.Rec RECOMMENDATION TO CITY COUNCIL - 7 PRELIMINARY PLAT -PRELIMINARY PLAT FOR WOODBRIDGE SUBDIVISION BY WOODBRIDGE COMMUNITY, L.L.C. L-Acla CountqJ4iy4waV .2JLitNict Judy Peavey -Derr, President sits Iasi 3itn atreet Dave Bivens, Vice President Garden City, Idaho 83714-6499 Marlyss Meyer, Secretary Phone (208) 387-6100 Sherry R. Huber, Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner E-mail: tellus@achd.ada.id.us February 16, 2000 RE"WED FEB 2 2 2000 TO: James Griffin UN Woodbridge Community, LLC CYC ��'D 100 N. 9th St., Suite 300 Boise, ID 83702 `�4/ FROM: Steve Arnold, Principal Development Analyst Planning & Development SUBJECT: Preliminary Plat: Woodbridge - Phase 1 East side of South Locust Grove, 1/4 mile South of Franklin Rd. On February 9, 2000, the Commissioners of the Ada County Highway District (hereafter called "District") took action on the preliminary Plat as stated on the attached staff report. In order that the Final Plat may be considered by the District for acceptance, the Developer shall cause the following applicable standard conditions to be satisfied prior to District certification and endorsement: 1. Drainage plans shall be submitted and subject to review and approval by the District. 2. If public street improvements are required: Prior to any construction within the existing or proposed public right-of-way, the following shall be submitted and subject to review and approval by the District. a. Three complete sets of detailed street construction drawings prepared by an Idaho registered professional Engineer. b. Execute and Inspection Agreement between the Developer and the District together with initial payment deposit for inspection and/or testing services. C, Complete all street improvements to the satisfaction of the District, or execute a Surety Agreement between the Developer and the District to guarantee the completion of the construction of all required street improvements. 3. Furnish a copy of the Final Plat showing street names as approved by the Local Government Agency having such authority together with the payment of fee charged for the manufacturing and installation of all street signs. 2 4. If Public Right -of -Way Trust Fund deposit is required, make the deposit to the District in the form of cash or cashier's check for the amount specified by the District. 5. Furnish easements, agreements and all other datum or documents as required by the District. 6. Furnish Final Plat drawings together with the plat and plan review fees for District acceptance and endorsement. The final plat must contain the signed endorsement of the Owner and the Land Surveyor's certification. 7. All of the material must be submitted to District staff two -weeks prior to Commission review of the final plat. 8. Approval of the plat is valid for one year. The Commission will consider an extension of one year if requested within 15 -days prior to the expiration date. Please contact me at (208) 387-6170, should you have any questions. Cc: Planning & Development Chron/File Planning & Development Services -City of Meridian Construction Services — John Edney Drainage- Chuck Rinaldi Barry Semple Toothman-Orton Engineering Company 9777 Chinden Blvd. Boise, ID 83714-2008 ADA COUNTY HIGHWAY DISTRICT Planning and Development Division Development Application Report Preliminary Plat- Woodbridge Subdivision Locust Grove Road s/o Franklin Road Woodbridge Subdivision is a 164 -lot residential subdivision on 50.9 -acres. The site is located on the east side of Locust Grove Road approximately 1/4 mile south of Franklin Road. This development is estimated to generate 1,640 additional vehicle trips per day based on the submitted traffic study. On November 17, 1999, the Commission reviewed MAZ99-20/MCUP99-037, a request for conditional use approval and rezone approval for a 283 -lot residential subdivision on 80.83 - acres. The subject application is a subdivision for the western portion of the previously approved rezone and conditional use application. That development was estimated to generate 2,871 additional vehicle trips per day based on the submitted traffic study. Roads impacted by this development: Locust Grove Road Franklin Road Weatherby Drive Autumn Way ACHD Commission Date - February 9, 2000 - 7:00 p.m. Jan-28-00 02:36P Toothman-Orton Eng Co. 208 323 2399 a'Lc. i(e' -F. :F, 16j its SSI C�'�:lbM i' ct �� tl Rei CI r C, e ticE ! G a i q eA t.. A O 1 \ L--- 7i Fir' Ll %i tlpfp�{t 6- F .bl Z� i t r e [ f 6 sG ss ! t "Ali a 0 E � Y � , I �� J wE.MD rw.K Md• SIB:WI59� _ � P YY �- �i ;& WOODBRIDGE — PHASE 1 TooTEXAN-osTON ENGFNEEMG COMPANY PRELIMINARY PLAT eousurW DIGMUs, susverM ro >AWM �.i MERIDIAN, IDAHOc ,v-aa.e coca <k•� o..n - .,.e.,- I.. S ,/z ,n ,/• srnoe », r.ad., x.,a., a.-. AD. couKrr P.02 Facts and Findings: A. General Information Owner - Woodbridge Community, LLC Applicant -Same R-4 - Existing zoning 50.9 - Acres 164 - Proposed building lots 12,700 - Total lineal feet of proposed public streets 283 - Traffic Analysis Zone JAZ) West Ada - Impact Fee Service Area Meridian - Impact Fee Assessment District Franklin Road Minor arterial with bike lane designation Traffic count 11,494 on 10-6-99 0 -feet of frontage Franklin Road is improved with two lanes between Eagle Road and Locust Grove Road. Locust Grove Road Minor arterial with bike lane designation No traffic count available 1,325 -feet of frontage 50 -feet existing right-of-way (25 -feet from centerline) 96 -feet required right-of-way (48 -feet from centerline) Locust Grove Road is improved with 24 -feet of pavement with no curb, gutter or sidewalk. B. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. C. The applicant has submitted a very thorough traffic analysis for the entire project. The key findings of the analysis include: ► This phase of the proposed project is expected to generate 1,640 daily vehicle trips at frill build -out. ► The proposed project includes a residential collector street as access to Locust Grove Road and local street access (stub street) to a future connection to the east. ► There are no stub streets to the south nor any clear potential for the constriction of a future connection. ► Because the project has only one connection to Locust Grove Road and no definite minor connection to the east or the north, this project site is essentially one cul-de-sac. WOODBRGE.CN[2 Pa -e 2 The District has a policy limiting the number of daily vehicle trips to 2,500 vehicle trips for a residential collector roadway. This project, at full buildout, generates 2,871 daily vehicle trips per day. A second access is needed to provide for the safety and convenience of the residents and allow full development of this site. The District has a policy limiting the number daily vehicle trips to 1,000 which can be safely accommodated on a roadway with front -on housing. The internal roadway system will result in traffic volumes exceeding this limit between Locust Grove Road and the fourth internal intersection. Front -on housing must be prohibited on the internal residential collector roadway between Locust Grove Road and the fourth internal intersection. The Franklin Road/Locust Grove Road intersection operates at an acceptable level of service under "existing" conditions. A traffic signal is not warranted at this time. ► The Franklin Road/Locust Grove Road intersection is expected to operate at an acceptable level of service under "existing plus project" conditions. A traffic signal is not warranted under "existing plus project" conditions. ► The site's traffic volumes justify the construction of a center turn lane (for southbound traffic) on Locust Grove Road at the main site driveway abutting the project site. The site's traffic volumes do not justify the construction of a northbound deceleration lane (for northbound traffic) on Locust Grove Road at the main site driveway abutting the project site. D. The entire project is one cul-de-sac. The applicant should be required to limit the development to 250 homes until such time as a second public street access is provided. E. At the November 17, 1999 Commission meeting, the applicant requested a variance from District policy requiring a concrete sidewalk along Locust Grove Road abutting the project. The Commission granted this request and allowed the developer to construct an 8 -foot wide (minimum) asphalt pathway along Locust Grove Road abutting the parcel. The Commission specified the asphalt pathway was allowed provided the homeowners association of this development be required to provide perpetual maintenance on the asphalt pathway. F. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat should be owned and maintained by a homeowners association. Notes of this should be required on the final plat. G. Unless otherwise approved, the applicant should be required to construct all public roads within the subdivision as 36 -foot street sections with curb, gutter, and 5 -foot wide concrete sidewalks within 50 -feet of right-of-way. H. The applicant is proposing to construct the following streets as reduced street sections: ♦ Bollman Way Baltimore Drive Warren Place ♦ Pratt Way Pegram Drive The District accepts local residential public roads with a 29 -foot street section with parking prohibited on one side, if the amount of vehicle trips per day on the street do not exceed 1,000 VTD or less. The proposed density of development that will utilize each of the above- WOODBRGE.CM2 Pa -e', mentioned streets will generate less than 1,000 vehicle trips per day. These interior streets may be constructed as proposed with a 29 -foot street section with curb, gutter and 5 -foot wide concrete sidewalk within 50 -feet of right-of-way and located as proposed. Parking should be restricted on one side of each of the roadways. A signage plan should be submitted for review and approval by Planning and Development staff. I. The applicant is proposing a turnaround at the southern terminus of Warren Place. The turnaround should be constricted to provide a minimum turning radius of 45 -feet. The applicant should also be required to provide a minimum of a 21 -foot street section (as measured from back of curb to back of curb) on either side of any center islands within the turnarounds. The medians should be constricted a minimum of 4 -feet wide to total a minimum of a 100 - square foot area. Dedicate 54 -feet of right-of-way plus the additional width of the median. The applicant will be required to provide the written approval, for the design of the turnaround, from the emergency fire service for the area where the development is located. J. The applicant is proposing to locate Woodbridge Drive off Locust Grove Road approximately 700 -feet north of the south property line. The location of Woodbridge Drive meets District policy. The median within Woodbridge Drive off Locust Road should be designed with two 21 -foot street sections (as measured from back of curb to back of curb) on either side of the center median and the median should be constructed a minimum of 4 -feet wide to total a 100 - square foot area. The applicant will be required to dedicate 54 -feet of right-of-way plus the additional width of the median. K. At the November 17, 1999 Commission meeting, the applicant requested that the Commission approve an 8 -foot wide asphalt pathway on one side of Woodbridge Drive from Locust Grove Road to Warren Place in lieu of the required concrete sidewalk. The sidewalk requirement would be deleted from the other side of the roadway. The Commission granted the applicant's request provided there was the establishment of a homeowners association that would maintain the pathway in perpetuity, and the applicant provided pedestrian crossings at all four of the internal intersections east of Locust Grove Road. Coordinate the design of the pedestrian pathway and the design of the pedestrian crossings at the intersections with District staff. L. The applicant is proposing four intersections off Woodbridge Drive with medians within the entrances. The medians within the entrances off Woodbridge Drive should be designed with two 21 -foot street sections (as measured from back of curb to back of curb) on either side of the center median and the median should be constructed a minimum of 4 -feet wide to total a 100 - square foot area. The applicant will be required to dedicate 54 -feet of right-of-way plus the additional width of the median. M. In order to accommodate the left -turning traffic from Locust Grove Road into the development, the applicant should be required to construct a center turn lane on Locust Grove Road for the Woodbridge Drive/Locust Grove Road intersection. The turn lane should be constricted to provide a minimum of 100 -feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. N. Based on the submitted traffic study, the main east/west street segment between Locust Grove Road and the fourth internal intersection should be designated as a residential collector street WOODBRGE.Cv12 Page 4 with no front -on housing, because the anticipated traffic volumes exceed 1,000 vehicle trips per day. The access restrictions for this street segment should be stated on the final plat. District policy requires that this street segment be constricted as a 36 -foot street section with curb, gutter and 5 -foot wide concrete sidewalks or a pathway as approved in MCUP99-037 (see Fact and Finding K). Unless otherwise noted, parking should be prohibited on this street segment. Coordinate the signage plan with District staff. O. The applicant is proposing to terminate Woodbridge Drive, at Five Mile Creek for the subject phase of development. The road is proposed to be extended further to the east in a future phase of development (see approval for MCUP99-037). The applicant will be required to construct or bond for the required box culvert over the Five Mile Creek prior to final plat approval. The applicant may reduce the street section over the bridge to a minimum width of 25 -feet with curbs, gutters, and sidewalks. Coordinate the design of the bridge over the Five Mile Creek with District staff. P. The applicant is proposing a community center on Lot 66, Block 3, across from Warren Place. The applicant should be required to align a driveway to the community center on Woodbridge Drive with Warren Place on the south side of the road. Coordinate the design and location of the driveway with District staff. Q. The existing transportation system will be adequate to accommodate the additional traffic generated by this proposed development with the requirements outlined within this report. The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACHD approval of the final plat: Site Specific Requirements: Dedicate 48 -feet of right-of-way from the centerline of Locust Grove Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be compensated for all right-of-way dedicated as an addition to existing right- of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #193. 2. Construct or bond for an 8 -foot wide (minimum) pathway along Locust Grove Road abutting the parcel (approximately 1,325 -feet). The pathway may be constricted of asphaltic concrete, if the homeowners association for this development is required to provide perpetual maintenance for the asphalt pathway. Coordinate the location and elevation of the sidewalk with District staff. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this should be required on the final plat. WOODBRGE.CM2 Paee 5 4. Construct the following streets: ♦ Bollman Way Baltimore Drive Warren Place ♦ Pratt Way Pegram Drive as 29 -foot street section with curb, gutter and 5 -foot wide concrete sidewalk within 50 -feet of right-of-way and located as proposed. Parking shall be restricted on one side of each of the roadways. A signage plan shall be submitted for review and approval by Planning and Development staff. Unless otherwise approved, the applicant shall be required to constrict all public roads within the subdivision as 36 -foot street sections (as measured from back of curb to back of curb) with curb, gutter, and 5 -foot wide concrete sidewalks within 50 -feet of right-of-way. 6. In lieu of constructing sidewalks on both sides of Woodbridge Drive from Locust Grove Road to the Warren Place, the applicant may construct an 8 -foot wide (minimum) asphalt pathway on one side of the road only. Provide pedestrian cross walks at all four internal intersections of Woodbridge Drive. The asphalt pathway shall be owned and perpetually maintained by a homeowners association if it is constructed of asphaltic concrete paving. Coordinate the design of the pedestrian pathway and crosswalks with District staff. 7. Woodbridge Drive between Locust Grove Road and Warren Place shall be designated as a residential collector street with no front -on housing. Access restrictions for this street segment shall be stated on the final plat. District policy requires that this street segment be constructed as a 36 -foot street section with curb, gutter and an 8 -foot wide (minimum) asphalt pathway along this segment of the residential collector. Unless otherwise noted, parking shall be prohibited on this street segment. Coordinate the signage plan with District staff. Construct a turnaround at the southern terminus of Warren Place. The turnaround shall be constructed to provide a minimum outside turning radius of 45 -feet. The applicant shall also be required to provide a minimum of a 21 -foot street section (as measured from back of curb to back of curb) on either side of any center islands within the turnaround. The median shall be constructed a minimum of 4 -feet wide to total a minimum of a 100 -square foot area. Dedicate 54 -feet of right-of-way plus the additional width of the median. Provide written approval of the design of the turnaround from the emergency fire service for the area where the development is located. 9. Locate the main project entrance off Locust Grove Road approximately 700 -feet north of the south property line. The street section on either side of shall be designed with a minimum of two 21 -foot street sections (as measured from back of curb to back of curb) on either side of the center median and the median shall be constricted a minimum of 4 -feet wide to total a 100 - square foot area. The applicant will be required to dedicate 54 -feet of right-of-way plus the additional width of the median. 10. The four intersections off the main east/west road shall be designed with two 21 -foot street sections (as measured from back of curb to back of curb) on either side of center medians and WOODBRGE.CM2 Page 6 the medians shall be constructed a minimum of 4 -feet wide to total a 100 -square foot area. The applicant will be required to dedicate 54 -feet of right-of-way plus the additional width of the median. 1 1. Construct a center turn lane on Locust Grove Road for the main project/Locust Grove Road intersection. The turn lane shall be constructed to provide a minimum of 100 -feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 12. Terminate Woodbridge Drive for this phase of development at Five Mile Creek. The road shall be required to be extended further to the east in a future phase of development (see approval for MCUP99-037). The applicant shall construct or bond for the required box culvert over the Five Mile Creek prior to final plat approval. The applicant may reduce the street section over the bridge to a minimum with of 25 -feet with curbs, gutters, and sidewalks. Coordinate the design of the bridge with District staff. 13. The applicant is proposing a community center on Lot 66, Block 3, across from Warren Place. The applicant should be required to align a driveway to the community center on Woodbridge Drive with Warren Place on the south side of the road. Coordinate the design and location of the driveway with District staff. 14. Other than main project entrance off Locust Grove Road specifically approved with this application, direct lot or parcel access to Locust Grove Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Standard Requirements: 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The resluest shall specifically identify each requirement to be reconsidered and inc1iide a written Qxl2lanatiQ of why such a requirement would result in a substantial hardship or inequity, The written rrequ st shall be submitted to the District no later than 9.00 a.m. on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of S 110.00. The rear st for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the WOODBRGE.CM2 Pale 7 Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 9. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. WOODBRGE.CM2 Pa -e 8 Conclusion of Law: ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. WOODBRGE.CM2 Page 9 ** TX CONFIRMATION REPORT ** DATE TIME TO/FROM 03/0? 11.34 PUBLIC WORKS 03/0? 11:3? LEGAL DEPARTMENT 03/07 11:40 2088886854 AS OF MAR 07 '00 11:42 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS OF --S 01'45" 005 083 OK EC --S 02'42" 005 083 OK EC --S 01'58" 005 083 OK City of Meridian City Clerk's Office Phone: (208) 888-4433 Fax: (208) 888-4218 Fax T el Fax: Date: Phone: pages: Re:l�d-� CC: FZ f11iU ❑ URGENT e -.vv- Iii u, ❑ FOR REVIEW ❑ FOR COMMENT ❑ FOR REPLY L An Ullut . -T deli ve red - f k z, 2Aem pec c, , h- GvL. mm O'NEILL ENTERPRISES, INC. March 3, 2000 The Honorable Robert D. Come Mayor of Meridian Meridian City Council 33 East Idaho Meridian, Idaho 83642 Re: Woodbridge Preliminary Plat (PP -00-003), Meridian, Idaho Dear Mayor Corrie and City Council Members: RECEIVED LIAR 0 3 2000 CITY OF MERIDIAN CITY CLERK OFFICE In opening, O'Neill Enterprises, Inc. (OEI) would like to thank Staff, the Planning and Zoning Commission and the Mayor and Council for their respective efforts in reviewing• the development applications for Woodbridge. This extraordinary effort is greatly appreciated by OEI and we feel that we have a better project in Woodbridge because of it. The attached document is a product of this effort and is intended to assist in the City Council's review of the Preliminary Plat application for Woodbridge. The document identifies proposed modifications to the "Recommendation to City Council", by the Planning and Zoning Commission, and represent a combination of actions taken by the Planning and Zoning Commission and further discussions and clarifications between Public Works Staff and OEI. It is important to note that, after reviewing the "Recommendation" from the Planning and Zoning Commission, that a number of the actions taken by the Planning and Zoning Commission are not reflected in the transmittal to City Council. A review of the hearing transcript substantiates this concern. In order to facilitate the discussion of these proposed modifications, we have provided a brief narrative explaining the area of consideration and how we have arrived at the modification contained in the document. It is important to note that OEI and our representatives have had extensive discussions with Staff regarding the original "Staff Comments" and we feel that we are in agreement on the intent of the proposed modifications. Thank you for your time and consideration. Sincerely, O itlE�w,Ems, Derick O'Neill President Attachment cc: Gary Smith, City Engineer Bruce Freckleton, Assistant to City Engineer Brad Hawkins -Clark, Planner Ed Miller, Esq. City Attorney, White, Peterson, Pruss, Morrow & Gigray, P.A. 100 North 9th Street, Suite 300 • Boise, Idaho 83702 • (208) 336-3430 ■ fax: (208) 336-5296 AF -reed Modifications to the Planning and Zoning Administrator's and City Engineer's Recommendations to City Council - By the Planning and Zoning Commission (Per Planning and Zoning Commission Meeting of 2-8-00 and Subsequent Meetings with Staff) 1.6 Sanitary sewer service to this site will be via the existing trunk main that traverses through the development. Applicant will be responsible to construct lateral sewer mains to and through this proposed development, this ineludes the ftentage aleng S. beeust Grove Read. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer- ffla l,eles are to be pr-ey}dfid-t(keep the sewer- lines en the seu4h and west sides of the ,. . 4er-1:..,, n ppli ant will all b Fe"ir-ed te extend an eight ineh safiitaFy sewof in a 20 feet wide eeminen lot betweeft Lots 83 a -Ed 8 4 7 Subdivision. If sewe f is to be extended between Lets 56 and 57 Uleek 2 to the :..ting eight :«el. ..».. »...w..... .. �.. ..... ... w ..v v�wuatvu between z.ivc� ✓�ruu , er-essing, it shall be within a 20 feet wide eefwiieft let. A FFAnklium 14 feet wide, all weathef aeeess Fead shall be eenstnieted eeffter-ed ever- all saftitai:y sewer- mains etitside the ptiblie right efway. e.7 ever- the Gity e f Me. -:,lien's Five M le Creek Sanit.,,.,, ge„ e.. T Hak T Narrative: Discussions with the Planning and Zoning Commission at the Preliminary Plat Hearing and with Staff, subsequent to the hearing, revealed that the above modification met the intent of the "Staff Comment". Specific details (i.e. "main sizing and routing') are to be determined by Public Works Staff and the subdivision designer through detailed engineering study and analysis. Furthermore, the City Engineer agreed to look at alternatives to 1) the provision of service to adjacent properties, 2) common lot requirements, and 3) gravel access road requirements included in the original "Staff Comment" in a meeting held with the applicant on February 25, 2000. It was determined that these alternatives could be addressed as a part of the "main sizing and routing" discussions to be held as detailed engineering plans are developed. It was the applicant's understanding that the recommendation to City Council would read as modified above. A review of the meeting transcript from the Planning and Zoning Commission hearing confirm that the condition should have been changed accordingly. 1.7 Water service to this site will be via extensions of the existing main in Locust Grove Road to the south or, Franklin Road to the north. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Narrative: During the February 25, 2000 meeting with Public Works Staff, it was requested (by OEI) and agreed (by StafJ9 that the applicant would have the option of extending water service from the north or south. 1.8 Developer shall indicate any existing ditch easements on the preliminary plat map. The boundaries of the Five Mile Creek easement, need to be defined. Five Mile Creek is -and the natural tributary of Five Mile Creek are excluded from the piping requirement. Any deviation from this requirement is subject to obtaining a variance from the City Council. Narrative: A detailed review of the Subdivision and Development Ordinance subsequent to the Planning and Zoning Commission hearing revealed that natural waterways are exempt from the tiling requirement. The City Engineer has agreed that the tributary in question is a natural waterway and should therefore be exempt from the requirement. The modified condition above represents this agreement. 11 A perimeter fencing plan, and a detailed landscape plan for allseaped-a}ea&-Locust Grove Road as well as a typical landscape plan for common areas, shall be submitted for review and approval pr-iet: to stibmit4al of the final plat map by Staff as required by the Development Agreement. " 'ref eFedit er- eash sur-ety will be r-e"ir-ed feE the *Or- to signature eft the final P14. PeAmeter- &aeing shall be installed pf-ier- to obtain* build . — . efmits. Narrative: Discussion with Planning Staff during the Planning and Zoning Commission hearing on this preliminary plat application revealed that the applicant was required by the approved Development Agreement to provide a perimeter fencing plan and detailed landscape plan for Locust Grove Road, not "all landscaped areas " as indicated by the condition. In addition to the requirement of the Development Agreement, the applicant volunteered to submit a "typical" common area landscape plan for Staff's review. The applicant understood from that hearing that the condition would be changed to reflect Staff's as well as the applicant's comments and that the requirement would be enforced per the Development Agreement that specifically states (by reference to the conditions of approval) that: 2.1.7 Locust Grove Landscaping Strip. The Developer shall install landscaping along Locust Grove Road per the plans attached as illustrations 2 & 3 to the Master Site Plan or as otherwise required by ACRD. Developer shall construct the landscape buffer generally consistent with these plans in lieu of the twenty (20) foot "landscaping strip " requirement of Meridian City Code I1-9-605. G. Developer shall submit detailed landscape plans consistent with illustrations 2 and 3 for City Staff approval. 2.1.26 Fencing Details in Plat. Each plat shall address fencing details for the portion of the Development covered by the plat. The perimeter fence shall be of a `good neighbor" design, i.e., the fence shall be of a quality appearance on both sides. Per this requirement, the applicant is proposing to submit a perimeter fencing plan, a detailed landscape plan for Locust Grove Road and a "typical " landscape plan for common areas prior to signature of the final plat by the City of Meridian. 1.13 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian for the clubhouse portion of the development. In addition to these assessments, water "Late Comers" fees may and sewer "Late Comers" fees will also be charged against this parcel, as deemed appropriate, to help reimburse the parties responsible for installing the water and sewer mains to their current points. Similarly, the applicant will be entitled to receive 1ayment of "Late Comers" fees by parties that benefit from public services extended to and from the Woodbridge .property The City of Meridian shall furnish documentation to the applicant on the methodology for calculating "Assessments" and "Late Comers" fees. Latecomer fees shall be determined at a later time, they are under review and an agreement will be reached prior toGetmeil appresignature of the final plat mgp by the City of Meridian. Narrative: The applicant recognizes the fact that assessment and Late -comers fees will be charged at various points of the development process. During the Planning and Zoning Commission hearing, the applicant requested information as to the methodology behind calculating such assessments and fees. The applicant also requested that a statement be included in the "Staff comments " that recognized the fact that the applicant could also apply for and receive Late -comers fees for public improvements, installed to and from the Woodbridge community, as it was not specifically addressed or implied by the original "Staff comment. " OEI does not feel that these comments are sufficiently addressed in the recommendation to City Council and would request that the Council consider the applicant's proposed modification. It is the applicant's understanding that a consultant is currently working towards the calculation of a Late -comers fee. OEI would continue to request the opportunity to review the methodology for calculating the fee in order to ensure a fair and equitable approach has been taken. Discussions with Staff indicate that the proposed modification including the applicant's review of the methodology is agreeable. 14 Applicant has not indicated whether the pressurized irrigation system within this development is to be owned and maintained by the homeowners association or the Nampa & Meridian Irrigation District. If the system is being a proposed as a private system (H.O.A.), plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. If City water is proposed as a secondary source, developer shall be responsible to pay reasonable water assessments for the entire common open area. Staff shall work with the applicant to determine a fair and appropriate formula for calculating the common area irrieation assessment. Narrative: In general, the applicant understands the intent of this condition, but does not necessarily agree with the methodology for calculating assessment fees. The applicant raised a question as to this methodology for calculating the Irrigation Water Assessment fee as communicated by Public Works Staff in the 2-8-00 public hearing. Subsequent discussions with the City Engineer revealed that he is willing to discuss the calculation methodology with the applicant in order to substantiate the fee. OEI would request that the proposed modification be accepted to reflect this agreement. 18 The conditional use permit approved for this project includes a multiple use pathway along Five Mile Creek. This pathway is proposed to be public at such time as adjacent properties are developed, extending the pathway. john Anderson of NMer-idian iffigation r\•stfiet , of tepiffieftto City of Mer-idian ffmst ea4er- into a heense agr-eemefft fiaf: the pathway and stated it is theif pehey te nei enter- iR4e agFeefeents with pr-ivate developers (even though they haNe defte so en fmmefetts eeeasions it dees fiet seem legieal dia4 the City wetild enter- into a heense agr-eefnefft for- a pathway whieh they d . The City of Meridian shall work with the applicant to secure a license agreement with the Nampa -Meridian Irrieation District for aap thway along Five Mile Creek If required by the Nampa -Meridian Irrigation District, the applicant shall be required to provide liability insurance for theap thway until such time it becomes a part of a lareer public vathwav system. Narrative: Discussions with the Planning and Zoning Commission at the hearing and with Staff subsequent to the hearing revealed that allparties are in agreement on this condition. Staff has stated in both situations that the intent of the condition is for the City of Meridian to work with the applicant is securing a license agreement for a pathway along Five Mile Creek. OEI is concerned that the existing language puts the burden of securing a license agreement solely on the applicant and that if the City of Meridian does not participate, a license agreement between a private party and the Nampa -Meridian Irrigation District may not be accepted by the District. Again, with the discussion at the Planning and Zoning Commission hearing on this application and a review of the transcripts of that hearing, the applicant was under the impression that this condition would be modified prior to being forwarded as a recommendation to the City Council. The applicant would request that the City Council consider the proposed modification to better reflect the intent of this condition as stated by Staff and the Planning and Zoning Commission. Fax To: City of Meridian City Clerk's Office Phone: (208) 888-4433 Fax: (208) 888-4218 From: �,helk Fax: Date: Phone: Pages: Pa. I r,r. . r2-. PW ❑ URGENT I �1 ❑ FOR REVIEW ❑ FOR COMMENT ❑ FOR REPLY IM,t , -T d--gfivered the ]�em LacLhs �rdt ". Ad -11%G( -- U Memo TO: Mayor and City Council Deride O'Neill - O'Neill Enterprises, Inc. Frown Brace Freddeton A�� CC: Woodbridge Preliminary Plat file Brad Hawldn-Clark - Planning & Zoning Dept. Tom Kuntz - Meridian Parks Dir. 200 East Carlton St., Shite 100 Meridian, Idaho 83642-2631 Phone: (208) 887-2211 Fax (208) 887-1297 Daiea 03/21/00 Rec Requested modifications to Staff Comments dated 2!2/2000 Below you will find excerpts from our staff recommendations as found in the "Recommendation to City Council" Case NO. PP -00-003. The applicant has submitted their proposed revisions under the cover of a letter dated March 3, 2000. The modified comments below are a result of meetings and phone conversations between staff and the applicant. Staff has incorporated the applicants proposed revisions that seem to be appropriate, and or modified them to be in line with staffs understanding. The comments below follow the same order of numbering found in the "Recommendation to City Council." RECOMMENDATION 1.6 Sanitary sewer service to this site will be via the existing trunk main that traverses through the development. Applicant will be responsible to construct lateral sewer mains to and through this proposed development. Installation of a sewer line in Locust Grove will be required so as to provide service to adjacent property through this development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the roadway centerline. Applicant will also be required to extend an eight -inch sanitary sewer in a 20 - foot -wide easement somewhere in the vicinity of eenmien lot between Lots 83 and 84, Block 6 to provide sewer access to an isolated portion of the adjacent Locust View Heights Subdivision. if sewer- is to be extended betweenTia and -57 Bleek 3 t the existing eight inc-1er-e , wide -eo en let n minimum 14 foot v4de, all -weather- -aeeess read shallve. eenstrueted-eentered ever afl santary sews -outside -the public right of Applicant to include a note on his development plans to retain and protect the all-weather gravel access to the City of Meridian's Five Mile Creek Sanitary 0 Page 1 Sewer Trunk Line in accordance with the provisions of the recorded sanitary sewer easement. 1.7 Water service to this site will be via extensions of the existing main in Locust Grove Road from it's intersection with Central Drive, or from it's intersection with Franklin Road Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 1.8 Developer shall indicate any existing ditch easements on the preliminary plat map. The boundaries of the Five Mile Creek easement need to be defined. Five Mile Creek and the defined wetland tributary of Five Mile Creek are is excluded from the piping requirement. Any deviation from this requirement is subject to obtaining a variance from the City Council. 1.11 A perimeter fencing plan, and detailed landscape plan for Locust Grove Road as well as a typical landscape plan for pedestrian pathways, wetland areas, stormwater retention ponds, and street landscape islands all landseap shall be submitted for review and approval by staff with the fatal plat application. pfier- to ubi l-ef the final plat nasp. r - A 1 n � f er-edit urea sh surety wi]4 b � a for the r trtcc�v inVrovefnepAs prief to signature on the final pW; Perimeter fencing shall be installed prior to obtaining building permits. 1.13 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian for the clubhouse portion of the development. In addition to these assessments, "Late Comers" fees for sewer , and possibly water watef and -sewvef"Late -Oemer-s" fe will also be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. Lateeomer fees shall b a + oa a" b` reµtllht �Jr�Vr 1J + time, thare ,1 agreement ,;1 d _ , „ to Co eil. 1 1 1 be if approval. This applicant may submit a written request to the City Clerk's office for the City to enter into a Late Comers Agreement for those portions of Sanitary sewer and water mains that they will be installing as part of their project that will benefit other lands 1.14 Applicant has not indicated whether the pressurized irrigation system within this development is to be owned and maintained by the homeowners association or the Nampa & Meridian Irrigation District. If the system is being proposed as a private system (H.O.A.), plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point 0 Page 2 connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments as determined by the City Engineer for the entire common open area. Staff shall work with the applicant to determine the common area irrigation assessments. 1.18 The conditional use permit approved for this project includes a multiple use pathway along Five Mile Creek. This pathway is proposed to be public at such time as adjacent properties are developed, extending the pathway. john " `' fNampa Me fidi n krigaion Dist� is of the epk4on that the City of P,�idian must enter- into a liee W"Tfivate devel4efs (even though they ave done so on awfo it r-egaf- ling this maften The City of Meridian shall work with applicant to secure a license agreement with the Nampa and Meridian Irrigation District for a pathway along the Five Mile Creek Said agreement shall be between O'Neil Enterprises, Ina and the Nampa and Meridian Irrigation District If required by the Nampa and Meridian Irrigation District, the applicant shall be required to provide liability insurance for the pathway until such time as it becomes part of a larger public pathway system If and when the pathway is deeded to the City as part of a larger public pathway system, the City would then assume liability and maintenance responsibilities. • Page 3 City of Meridian City Clerk's Office Phone: (208) 888-4433 Fax: (208) 888-4218 Fax To: From:�iL�� Fax: Date: Phone: `G Li'l l Pages: CIZ �t�ornv��v��af��n� cc: ❑ URGENT [D FOR REVIEW ❑ FOR COMMENT ❑ FOR REPLY ** TX CONFIRMH- ION REPORT ** DATE TIME TO/FROM 07 03/02 10:58 208 336 5296 Fax AS OF MAR 02 '00 11:01 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS EC --S 02'55" 008 023 OK 7 Z -t, i �i1► W ra i � Phone: (208) 888-4433 Fax: (208) 8884218 To:From:�� Fax: Date: Date: Phone: 5�7 Pages: Re: r Z Comm CC: ❑ URGENT L LJ' FOR REVIEW ❑ FOR COMMENT ❑ FOR REPLY 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 City Council 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 7:30 p.m. on March 7, 2000, for the purpose of reviewing and considering the application of Woodbridge Community, LLC for a preliminary plat for Woodbridge Subdivision on 164 lots on 50.9 acres generally located on the east side of South Locust Grove Road one-quarter mile south of Franklin 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 to submit testimony. DATED this 11th day of February, 2000 PUBLISH February 18th and March 3rd, 2000 WILLIAM G. BERG, JR44CIV CLERK MERIDIAN PLANNING & ZONING MEETING: February 8 2000 APPLICANT: WOODBRIDGE COMMUNITY LLC ITEM NUMBER: 7 REQUEST: PRELIMINARY PLAT FOR WOODBRIDGE SUBDIVISION-164 LOTS ON 50.9 ACRES AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING & ZONING DEPT. SEE STAFF COMMENTS CITY ATTO RN EY: CITY POLICE DEPT: CITY FIRE DEPT: SEE COMMENTS CITY BUILDING DEPT: CITY WASTEWATER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: SEE COMMENTS CENTRAL DISTRICT HEALTH: C�v SEE COMMENTS LQ COMMENTS 7 NAMPA MERIDIAN IRRIGATION: SEE SETTLERS IRRIGATION: IDAHO POWER:( US WEST: v BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: SANITARY SERVICE: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. From: Bruce Freckleton, Assistant to City Enginee FEB 0 2 2000 Shari Stiles, P&Z Administrator City of Meridian (itv Clerk Offic, Re: Request for Preliminary Plat for WOODBRIDGE SUBDIVISION —164 Lots on 50.9 Acres by Woodbridge Community LLC We have reviewed this submittal and offer the following comments, as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council.- GENERAL ouncil. GENERAL COMMENTS 1. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. 4. Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. 6. If possible, respond in writing to the each of the comments contained in this memorandum, prior to the scheduled February 8, 2000 hearing by the Meridian Planning and Zoning Commission. Submit ten copies of the revised Preliminary Plat Map to the City Clerk's Office a minimum of one week prior to the hearing by the Meridian City Council. •-N HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT (208) 884-4264 CITY OF MERIDIAN Council Members PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-2211 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING DEPARTMENT KEITH BIRD (208)884-5533 MEMORANDUM: February 2, 2000 To: Planning & Zoning Commission/Mayor & City Council R e"vEi D From: Bruce Freckleton, Assistant to City Enginee FEB 0 2 2000 Shari Stiles, P&Z Administrator City of Meridian (itv Clerk Offic, Re: Request for Preliminary Plat for WOODBRIDGE SUBDIVISION —164 Lots on 50.9 Acres by Woodbridge Community LLC We have reviewed this submittal and offer the following comments, as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council.- GENERAL ouncil. GENERAL COMMENTS 1. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. 4. Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. 6. If possible, respond in writing to the each of the comments contained in this memorandum, prior to the scheduled February 8, 2000 hearing by the Meridian Planning and Zoning Commission. Submit ten copies of the revised Preliminary Plat Map to the City Clerk's Office a minimum of one week prior to the hearing by the Meridian City Council. P&Z Commission/Mayor & City Council February 2, 2000 Page 2 SITE SPECIFIC COMMENTS Sanitary sewer service to this site will be via the existing trunk main that traverses through the development. Applicant will be responsible to construct lateral sewer mains to and through this proposed development, this includes the frontage along S. Locust Grove Road. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. Applicant will also be required to extend an eight -inch sanitary sewer in a 20 -foot -wide common lot between Lots 83 and 84, Block 6 to provide sewer access to an isolated portion of the adjacent Locust View Heights Subdivision. If sewer is to be extended between Lots 56 and 57, Block 3 to the existing eight -inch crosssing, it shall be within a 20 -foot -wide common lot. A minimum 14 -foot -wide, all-weather access road shall be constructed centered over all sanitary sewer mains outside the public right-of-way. Applicant to include a note on his development plans to retain and protect the existing gravel access road over the City of Meridian's Five Mile Creek Sanitary Sewer Trunk Line. 2. Water service to this site will be via extensions of the existing main in Locust Grove Road. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 3. Indicate any existing ditch easements on the preliminary plat map. The boundaries of the Five Mile Creek easement need to be defined. Five Mile Creek is excluded from the piping requirement. 4. Two -hundred -fifty- and 100 -watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 5. The open detention ponds shown on the drainage plan show that a significant portion of the area proposed as common open area during the conditional use process is now proposed for drainage detention. The drainage plan also shows these detention ponds as being eight feet deep. Detailed plans of these ponds will need to be reviewed to determine if these areas are indeed usable as common area by all residents of the development. Detention ponds shall be designed such that accumulated water is disposed of within a 24-hour period. The City has been experiencing problems with groundwater in drainage areas, particularly those without an outflow to an existing drainage system. 6. A fencing plan, and detailed landscape plan for all landscaped areas, shall be submitted for review and approval prior to submittal of the final plat map. A letter of credit or cash surety will be required for the improvements prior to signature on the final plat. Perimeter fencing PP -00.003 Woodbridge.PP.doc P&Z Commission/Mayor & City Council February 2, 2000 Page 3 shall be installed prior to obtaining building permits. 7. A letter of credit or cash will be required for all pathways, swimming pool, community center, sanitary sewer, water, etc., prior to signature on the final plat. 8. Add a note that all finish floor elevations are to be a minimum of 12 inches above the highest established normal groundwater elevation. 9. Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian for the clubhouse portion of the development. In addition to these assessments, water and sewer "Late Comers" fees will also be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. 10. Applicant has not indicated whether the pressurized irrigation system within this development is to be owned and maintained by the homeowners association or the Nampa & Meridian Irrigation District. If the system is being proposed as a private system (H.O.A.), plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. 11. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 12. Several lots on the preliminary plat map indicate that they are within the 100 -year floodplain. The preliminary subsurface evaluation report prepared by Strata, Inc., dated June 28, 1999, states on page S under Opinions and Recommendations, "We recommend that residential development be restricted to areas outside the 100 -year floodplain." Several of these lots are also impacted by wetlands. Please provide plans and applicable agency approvals for any modifications to the floodplain and wetlands areas. Compaction test results must be submitted to the Meridian Building Department for all lots impacted by filling. 13. Applicant shall comply with all provisions of City Ordinance Section 11-11 pertaining to the Floodplain Overlay District. Conditions that may be required by the Commission in PP -00-003 Woodbridge.PP.doc -1-N A- -, P&Z Commission/Mayor & City Council February 2, 2000 Page 4 approving the use of structures in a Floodplay Overlay Zone shall include: A. Limitations on periods of use and operation; B. Imposition of deed restrictions; C. Location and arrangement of structures within the floodway and floodway fringe areas to avoid an increase in flood heights during the recurrence of the 100 -year flood discharge; D. Requirement for construction of channel modifications, dikes, levees and other protective measures; E. Placement of survey benchmarks; and F. Floodproofing measures. The evaluation of the effect on a proposed use in the floodway and floodway fringe areas causing increase in flood heights is based not just on the effect of the single use acting alone, but upon the reasonable assumption that other landowners within the floodplain may need to be allowed to develop to an equivalent extent within the floodway and, therefore, the accumulative effects of all such encroachments must be considered by the Commission in making any decision 14. The conditional use permit approved for this project includes a multiple use pathway along Five Mile Creek. This pathway is proposed to be public at such time as adjacent properties are developed, extending the pathway. John Anderson of Nampa -Meridian Irrigation District is of the opinion that the City of Meridian must enter into a license agreement for the pathway and stated it is their policy to not enter into agreements with private developers (even though they have done so on numerous occasions). It does not seem logical that the City would enter into a license agreement for a pathway which they do not own or have an interest in, which they are not constructing, and for which they will not be responsible for maintenance. For the City to accept liability under such a scenario appears ludicrous. Staff requests input from legal counsel regarding this matter. 15. This project is subject to all terms of the development agreement and conditional use permit as approved by the Meridian City Council. StafFs failure to cite specific ordinance provisions or terms of the approved conditional use permit does not relieve Applicant of responsibility for compliance. PP -OO -W3 Woodbridge.PP.doc HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT (208) 288-2499 - Fax 288-2501 City Council Members CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-2211 - Fax 887-1297 RON ANDERSON (208) 888-4433 - Fax (208) 887-4813 PLANNING AND ZONING City Clerk Fax (208) 888-4218 DEPARTMENT KEITH BIRD (208) 884-5533 - Faz 887-1297 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: January 21, 2000 TRANSMITTAL DATE: January 10, 2000 HEARING DATE: February 8, 2000 FILE NUMBER: PP -00-003 REQUEST: PRELIMINARY PLAT FOR WOODBRIDGE BY: WOODBRIDGE COMMUNITY, LLC LOCATION OF PROPERTY OR PROJECT: EAST SIDE OF SOUTH LOCUST GROVE, '/4 MILE SOUTH OF FRANKLIN ROAD KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHERIE McCANDLESS, C/C KEITH BIRD, C/C TAMMY de WEERD, C/C WATER DEPARTMENT SEWER DEPARTMENT SANITARY SERVICE BUILDING DEPARTMENT „FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER R,EGrIvED JAN 18 2000 CITY 01 MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: /--/ v o OAJ ij COOS W0�j iA.� A.;Q o _Ty�i` ;nom, rh<<fa� Tg;4-ell ±=Q U �K7 Loi 5 fo 7BA_ ,e ap- f `�- LL) -Q c0X, %dRrY di wD S4"4 A/4 m -e '!�_(� iv3 (t)I%C %l)c2GfZGY 0 ,k( �i(YjS6.9, t- � i,�rlt/ot,4__ /v jz_ W-& td B ,q_ m X -fl-. 17 SUBDIVISION EVALUATION SHEET Proposed Development Name Woodbridge Phase 1 File # PP -00-003 Date Reviewed 1/24/00 Preliminary Stage XX Final Engineer/Developer Toothman-Orton FEB - 1 2000 The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following streets are existing and the names shall appear on the plat: "S. LOCUST GROVE ROAD" and "S. WEATHERBY DRIVE" The following street names are denied as duplications: "WOODBRIDGE" "WARREN" and "POST" As policy, streets that align are given the same name, even though they are not connected. Also, streets that change direction for 150 feet or more are given a new name. With that in mind, the following street names shall be placed on the reserved list for this development, vet the locations and/or directionals are NOT approved: "BOLLMAN" "BEAM" "BALTIMORE" "PEGRAM" and "PRATT" The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE AGEN%CY R ESENTATIVES OR DESIGNEES Ada County Engineer John Priester G Z Date /e Community Planning Assoc. Sue Hansen ,� �r,�.�-- Date ( 7 City of Meridian Cheryl Sable Meridian Fire District Representative Date 27 -eV Date 31-00 NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat', otherwise the plat will not be signed 1111 Subindex Street Index 3N 1E 17 Section NUMBERING OF LOTS AND BLOCKS Y S-L�4-d Z,1 7,� MSL 7 TR\SUBS\SM_CITY. FR M 0 ff� CCENTRAL 109 DISTRICT HEALTH DEPARTMENT Rezone # CENA RAL DISTRICT HEALTH DEPARTMENT Environmental Health Division Return to: JAN 2 5 2000 Conditional Use # �'T" ' ` ` a 5 `Preliminary / inal / Short Plat no _-0 0 S�,al Boise Eagle ❑ Garden City Meridian Kuna ACZ ❑ 1. We have No Objections to this Proposal. 2, We recommend Denial of this Proposal. 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. 4. We will require more data concerning soil conditions on this Proposal before we can comment. FI 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ waste flow characteristics ❑ or bedrock from original grade ❑ other 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. 8. After written approval from appropriate entities are submitted, we can approve this proposal for: central sewage ❑ community sewage system ❑ community water well interim sewage X central water ❑ individual sewage ❑ individual water 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: tcentral sewage Elcommunity sewage system E] community water ❑ sewage dry lines "central water 10. Run-off is not to create a mosquito breeding problem. 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. 13. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store �] 14. 5_A5277.�TT.��i� Si �2�•-t r��Tv7e �/s�r r/'4G��ff�/i Date: �/ �5 / 00 I\ /&C n ,n,w �ti�,9—�L��NS Reviewed By: Review Sheet (DHD 10/91 rcb, rev. 7/97 A 11 ptlS'.:ICT —� it' H EA LT H - S_` iC.i_'i�l ;I �CKC. :'�4c C DEP,,-kRV, iE,V7 Iwo iCF::C: ;C; G .. ru at disease and disa.7tii; t: to prurrtufe /tca: January 20, 2000 Will Berg, City Clerk Meridian Planning & Zoning Commission 33 East Idaho Meridian, ID 83642 Re: PP -00-003 Preliminary Plat for Woodbridge Dear Commissioners: J Ay N 3 1 2000 CITY OF ME RI'DILN 1 10 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 The Nampa & Meridian Irrigation District's Fivemile Drain courses through the eastern portion of the project. The District requires an easement to operate and maintain this facility. See Idaho Code 42-1208—RIGHTS OF WAY NOT SUBJECT TO ADVERSE POSSESSION. No encroachments or changes are allowed without prior approval. The developer must contact John P. Anderson or Bill Henson at 466-0663 to obtain right-of-way width. The Nampa & Meridian Irrigation District also requires a Land Use Change/Site Development application be filed for review prior to final platting. Please contact Donna Moore at 466-7861 for further information. All laterals and waste ways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Sincerely, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH:dln Cc: File – Shop File – Office Water Superintendent Toothman-Orton – Barry Semple Woodbridge Community, LLC APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 27 January 2000Phones: Area Code 208 !`— OFFICE: Nampa 466-7861 (' Attn: Barry Semple SHOP: Nampa 466-0663 ,,�;�� Toothman-Orton Engineers 9777 Chinden Boulevard Boise, ID 83714-2008 RE: Land Use Change Application — Proposed Woodbridge Subdivision Dear Mr. Semple: AO-oo -00 3 Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above -referenced development. If this development is under a "rush" to be finalized, I would recommend that you submit a cashier's check, money order or cash as payment of the fees in order to speed the process up. If you submit a company or personal check, it must clear the bank before processing the application. Should this development be planning a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District, I strongly urge you to coordinate with John P. Anderson, Water Superintendent for the Irrigation District, concerning the installation of the pressure system. Enclosed is a questionnaire that you must fill out and return in order to initiate the process of contractual agreements between the owner or developer and the Irrigation District for the ownership, operation and maintenance of the pressure urban irrigation system. If you have any questions concerning this matter, please feel free to call on me at the District's office, or John P. Anderson, at the District's shop. Sincerely, Donna N. Moore, Assistant Secretary/Treasurer cc: File Water Superintendent Woodbridge Community L.L.C. City of Meridian enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS 23,000 BOISE PROJECT RIGHTS 40.000 ME] CYNEILL ENTERPRISES, INS:. February 8, 2000 City of Meridian Planning & Zoning Commission 200 East Carlton Meridian, Idaho 83642 Re: Woodbridge Community, LLC Response to Preliminary Plat Staff Report Dear Commissioners: RECEIVED FEB - 8 280 WYOFMBID1r1M Thank you for the opportunity to provide comments regarding the Phase I Preliminary Plat Staff Report for Woodbridge as part of the hearing on February 8th. As we have been unable to meet with Staff to fully understand the rationale behind some of the comments, it would take a very lengthy letter at this point in time to go through the suspected rationale by Staff and our response to each of the comments and the rationale for agreeing or disagreeing with them. To the extent these are comments by Staff which suggest they are identifying areas of concern which need to be worked out between Woodbridge and the City, we agree that these are reasonable issues to be resolved. It is our hope that the Commission recommends the approval of the preliminary plat subject to Woodbridge and Staff thoroughly reviewing and discussing all of the comments with the intent of Staff submitting suggested specific conditions of approval for the Council's consideration prior to the City Council hearing scheduled for March 7th. If, on the other hand, it is the Planning & Zoning Commission's intent to incorporate these comments as Planning & Zoning Commission's specific conditions of approval for the preliminary plat, we would request the Commission consider tabling action for two weeks to allow discussion with Staff and submission by them of a set of specific conditions of approval for hearing at that time. We have recently submitted to Shari Stiles and Gary Smith revised conditions of approval for their consideration. Again, it is our firm belief that given some good faith work sessions, all of these issues can be satisfactorily worked through. 7C-,ks V� Peter S. O'Neill Chairman PON/ja cc: Shari Stiles, Administrator Gary Smith, Director of Public Works 100 North 9th Street, Suite 300 • Boise, Idaho 83702 • (208) 336-3430 • fax: (208) 336-5296 O'NEILL ENTERPRISES, INC. February 8, 2000 City of Meridian Planning and Zoning Department Public Works Department 200 East Carlton Meridian, Idaho 83642 Dear Shari Stiles and Gary Smith, Fez &rx- RECEi` ED FEB- 8 2011 Ctf K OF MERMAN A��) Please find below revised "Site Specific" conditions of approval along with a brief narrative explaining O'Neill Enterprises, Inc.'s rationale behind the modifications. These revisions are intended to initiate a dialogue between the City of Meridian and OEI, not identify the exact wording that we find acceptable. Site Specific Comments: 1. Sanitary sewer service to this site will be via the existing trunk main that traverses through the development. Applicant will be responsible to construct lateral sewer mains "to and through" this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. Applicant may be required to extend an eight -inch sanitary sewer to an isolated portion of Locust View Heights Subdivision near the common lot line of Lots 83 & 84, Block 6 if deemed necessary. If sewer is to be extended between Lots 56 & 57, Block 3 to the existing eight -inch crossing, it shall be within a 20 -foot wide easement. Access to sewer manholes to be coordinated with the Public Works Department. NARRATIVE: Applicant should be required to provide sewer service "to and through" the site as appropriate. Staff comments may be interpreted to require extensions that may not serve the best interests of the City of Meridian or the developer. Access to all manholes will be provided. Applicant would suggest working with Staff to determine a functional, yet aesthetically pleasing method of access for the maintenance of sewer facilities as appropriate. OK Indicate any existing ditch easement on the preliminary plat map. The boundaries of the Five Mile Creek easement need to be defined. (Pending action by Nampa Meridian Irrigation District). Five Mile Creek and the drain ditch along with associated wetlands west of Five Mile Creek are excluded from the piping requirement. NARRATIVE: Waterways through delineated wetlands should be exempt from the piping requirement. All easements to be identified on the final plat. Applicant shall coordinate with the Public Works Department to designate the design and locations for 250 -watt and 100 -watt, high pressure sodium street lights. All street lights shall be installed at applicant's expense. Typical locations include, but are not limited to, street intersections and/or fire hydrants. 100 North 9th Street, Suite 300 • Boise, Idaho 83702 • (208) 336-3430 • fax: (208) 336-5296 W /'1 NARRATIVE: Applicant would like to participate in the process of identifying type and location of streetlights in order to ensure design continuity throughout the community. Detention ponds shall be designed such that accumulated water is disposed of per the requirements of the City of Meridian and the Ada County Highway District. NARRATIVE: The open space areas within Woodbridge, approximately 20% of the site, serve a variety of purposes including active and passive uses. The common areas designated for storm water retention in Phase I also act as visual and physical buffers between neighborhoods. It has been the intention of the developer to use these spaces for storm water detention from the beginning of the entitlement process. Staff was made aware of this intention in numerous meetings and specifically on a tour of past projects in which the applicant identified examples of their preferred method for accommodating storm water. Detention ponds shall be constructed and maintained per the requirements of the governing agencies. 6. A fencing plan and detailed landscape plan for Locust Grove Road shall be submitted for review and approval by Staff prior to approval of the final plat by the Meridian City Council. Perimeter fencing and Locust Grove Landscaping shall be installed prior to obtaining occupancy permits. NARRATIVE: A fencing detail and plan is in the process of being prepared and will be submitted for review and approval upon completion. A detailed landscaping plan will be prepared for Locust Grove Road per the requirement of the conditional use permit (CUP). A comprehensive landscape plan was not a condition of the CUP approval and should not be added to the requirements at this juncture. The Meridian City Code requires that financial guarantees be provided for public improvements but contains no requirement for private improvements. In our experience, the conditional use permit is typically used as the mechanism to guarantee private improvements. Per section 9-606 of the Subdivision and Development Ordinance, a letter of credit or cash will be required for installation of all public improvements, as defined by 9-606 B., prior to signature on the final plat. NARRATIVE: The Meridian City Code requires that financial guarantees be provided for public improvements but contains no requirement for private improvements. In our experience, the conditional use permit is typically used as the mechanism to guarantee private improvements. 8. OK 9. Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian for the clubhouse portion of the development. In addition to these assessments, water and sewer "Late -Comers" fees, as determined by the formula agreed to by the City of Meridian and the applicant, will also be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. At the same time, the applicant will be entitled to payment of "Late - Comers" fees by parties that utilize public services extended to and from the Woodbridge property. NARRATIVE: To date, Staff has not provided an estimate or formula for calculating "late -comers" fees. The applicant is interested in ensuring that the fees are calculated by a reasonable formula that will apply to Woodbridge as well as to future development that utilizes the extensions provided by the developer of Woodbridge. 10. If owned and operated by the Nampa Meridian Irrigation District, the pressurized irrigation system shall be designed and constructed to the standards of the district. If the system is being proposed as a private system (H.O.A.), plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process. For a private system, a draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval As required by the City of Meridian (section/code?), the pressurized irrigation system will be connected to a year around source of water. If a creek or well source is not available, a single -point connection to the culinary water system shall be required. When utilizing a single point connection, fees will be assessed to the H.O.A. for irrigation of the common areas based on usage and the billing practices of the City of Meridian. NARRATIVE: The applicant understands and agrees to the conditions applied to systems owned and operated by the irrigation district versus a homeowners association. The applicant also concurs with the requirement for a secondary source of water for the pressurized irrigation system although we do not understand the need for a year around source of water. Furthermore, the applicant does not completely understand the requirement to pay an assessment on a secondary source of irrigation water that may or may not be used and would request further clarification of this requirement by Staff. 11. OK 12. OK 13. OK 14. The conditional use permit approved for this project includes a multiple use pathway along Five -Mile Creek. The pathway is proposed to be public at such time as adjacent properties are developed, extending the pathway. The applicant and the City shall work with the Nampa Meridian Irrigation District in securing a license agreement for the pathway, assignable to the City of Meridian if, as and when the pathway is converted to a public pathway. The Woodbridge Homeowner's Association shall be required to provide liability insurance for the pathway until such time that the City of Meridian assumes responsibility for the pathway. NARRATIVE: It is the applicants intent to facilitate the process of securing a license agreement with the Nampa Meridian Irrigation District. It is our opinion that the City of Meridian should also play a critical role in securing the license agreement in that it is the City of Meridian's goal, as identified in the comprehensive plan, to have a pathway along Five Mile Creek. The applicant will commit to providing liability insurance, through the homeowner's association, for the pathway until it can be assumed by the City of Meridian. 15. OK Thank you for taking the time to review these suggestions, we look forward to working with you further to fmalize the conditions of approval. Sincerely, Scott Beecham cc: Derick O'Neill Peter O'Neill Ed Miller Barry Semple HP LaserJet 3100 oEND CONFIRMATION REPORT for Printer/Fax/Copier/Scanner City of Meridian 2088886854 Feb -2-00 2:13PM Job Start Time Usage Phone Number or ID Type Pages Mode Status 255 2/ 2 2:10PM 2124" 208 336 5296 Send .............. 5/ 5 EC144 Completed........................................ Total 2'24" Pages Sent: 5 Pages Printed: 0 2W E. Crwal Ars, SU. 201 NriKR 0 X1612 (2(1 Ptvc (!0!&,wU F� 6bp6Elb/ To: 80,0++ bee md.M Floe. Sheri sda _ F— 334,- 5L96 DEW 2-Z-oo Frons -w- 5 (1-9 ower) Rs Woodbridge Svb.(P.P.)- co—enipw. iSarry sj.plt 3z"-e-,sgq ❑ UnWK io1 For R -A— ❑ Pn— Con —d 13 N— RoWy ❑ PW— Rs yde HP LaserJet 3100 ,END CONFIRMATION REPORT for Printer/Fax/Copier/Scanner City of Meridian 2088886854 Feb -2-00 2:16PM Job Start Time Usage Phone Number or ID Type Pages Mode Status 256 2/ 2 2:13PM 2122" 208 323 2399 Send .............. 5/ 5 EC 96 Completed........................................ total 2'22" Pages Sent: 5 Pages Printed: 0 200 E. Cron Aye., er.. 201 Mwaft O 09042 Ph— (200804-G= F- (20BA856004 TO, SCo+t 6ccjl&w Franc Sheri Sft Foc 336- 5L96 R.4. 2-2-00 n r 1— 5 (1--y m+w) Wwdbidoa Svb.(P.P.1- co—mi-sec, f 8'arry $fmpl6 U5-LS`i'9 O U v.A 0 For R -4.w ❑ Fl.... C4MmwA 0 Fl.... R.Wy 0 Fr.... R..yel. 01-21-00 15:23 MERIDIAN WA5TEWATER ID=2088840744 KUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live C,cy Council Membcrs CITY OF MERIDIAN CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON .ANDERSON (208) 388-4433 - Fax (208) 887.4813 KEITH BIRD City Clerk Fax (208) 888-4218 P03/03 LEGAL DEPARTMENT (208) 2SS-2499 - Fax 288-2-501 PUBLIC WORKS BIJILDING DEPARTMENT (20S)887-2211- Fax 387-1297 PLANNTNG AND ZONING DEPARTMENT (2-03) 381-5533 - Faz 857-1297 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: , January 21 2000 TRANSMITTAL DATE: January 10 2000 HEARING DATE: February 8, 2000 FILE NUMBER: PP-00-003— REQUEST: PRELIMINARY PLAT FOR WOODBRIDGE BY: WOODBRIDGE COMMUNITY LLC LOCATION OF PROPERTY OR PROJECT: EAST SIDE OF SOUTH LOCUST GROVE, 1/4 MILE SOUTH OF FRANKLIN ROAD KENT BROWN, PIZ THOMAS BARBEIRO, PIZ RICHARD HATCHER, PIZ KEITH BORUP, PIZ ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHERIE McCANDLESS, C/C KEITH BIRD, CIC TAMMY de WEERD, C/C WATER DEPARTMENT SEWER DEPARTMENT =SANITARY SERVICE BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER CF' ' J AN 2 4 2000 CITY OFIMERIDLAN MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: JAN 21 '00 16:24 2088840744 PAGE.03 01/20/2000 15:32 it or ROBERT CORRIE CIl� wn l NIamb,:ra CHAR L ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD 2088885052 SANITARY SERVICE HU13 OF TREASURE IIALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 383-44:13 • Fax (2U8) 887-013 City Clerk Fox (208) 888-4218 PAGE 04 pt_F " ! ^ J>L 9, .it,W pR K S J / BUILDING �jEPAP#T. IEN'T (208) Fax s37•1^,97 J A K. PLANNING AND ZONINC City :; PEPARTM NT City FJL XV -1297 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: January 21_2000 TRANSMITTAL DATE: January 10, 2000 HEARING DATE: February 8, 2000 FILE NUMBER: PP -00-003 REQUEST; PRELIMINARY PLAT FOR WOODBRIDGE BY: WOODBRIDGE COMMUNITY, LLC LOCATION OF PROPERTY OR PROJECT: EAST SIDE OF SOUTH LOCUST GROVE, '/. MILE SOUTH OF FRANKLIN ROAD KENT BROWN, PIZ THOMAS BARBEIRO. PIZ RICHARD HATCHER, PIZ KEITH BORUP, PIZ ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHERIE MCCANDLESS, C/C KEITH BIRD, C/C TAMMY de WEERD, C/C WATER DEPARTMENT SEWER DEPARTMENT SANITARY SERVICE BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER JAN 20 '00 14:35 MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS:(�Zw C s�+��rw �. 4, 2088885052 PAGE.04 til' of ROBERT . C RIE City Cou it mbers CHARLE NTREE GLENN BENTLEY RON ANDERSON KEITH BIRD A Good Place to Live k_JTY OF MERIDIAN, 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Fax (208) 888-4218 LEGAL DEPARTMENT (208)288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208)884-5533 • Faz 887-1297 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: January 21, 2000 TRANSMITTAL DATE: January 10, 2000 HEARING DATE: February 8, 2000 FILE NUMBER: PP -00-003 REQUEST: PRELIMINARY PLAT FOR WOODBRIDGE BY: WOODBRIDGE_COMMUNITY, LLC LOCATION OF PROPERTY OR PROJECT: EAST SIDE OF SOUTH LOCUST GROVE. '/< MILE SOUTH OF FRANKLIN ROAD MERIDIAN SCHOOL DISTRICT KENT BROWN, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) THOMAS BARBEIRO, P/Z ADA COUNTY HIGHWAY DISTRICT RICHARD HATCHER, P/Z ADA PLANNING ASSOCIATION KEITH BORUP, P/Z CENTRAL DISTRICT HEALTH ROBERT CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RON ANDERSON, C/C SETTLERS IRRIGATION DISTRICT CHERIE McCANDLESS, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) KEITH BIRD, C/C U.S. WEST(PRELIM & FINAL PLAT) TAMMY de WEERD, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) SEWER DEPARTMENT SANITARY SERVICE BUILDING DEPARTMENT FIRE DEPARTMENT YOUR CONCISE REMARKS: �G�»rYr-/�s POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER AKIO CE��ED .IAN 1 9 2000 ' SAN n ►an CIP'l art W S CITY OF MERIDIAN LEGAL DEPARTMENT (208) 288-2499 - Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-1-211 - Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 - Faz 887-1297 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: January 21 2000 TRANSMITTAL DATE: January 10 2000 HEARING DATE: February 8, 2000 FILE NUMBER: PP -00-003 REQUEST: PRELIMINARY PLAT FOR WOODBRIDGE BY: WOODBRIDGE COMMUNITY LLC LOCATION OF PROPERTY OR PROJECT: EAST SIDE OF SOUTH LOCUST GROVE, '/4 MILE SOUTH OF FRANKLIN ROAD KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHERIE McCANDLESS, C/C KEITH BIRD, C/C TAMMY de WEERD, C/C WATER DEPARTMENT SEWER DEPARTMENT SANITARY SERVICE BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) ALF _ � A� 1 g 2000 CITY OF �Us, i IN HUB OF TREASURE VALLEY Mayor A Good Place to Live ROBERT D. CORRIE CITY OF MERIDIAN City Council Members CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 888-4433 - Fax (208) 887-4813 RON ANDERSON City Clerk Fax (208) 888-4218 KEITH BIRD LEGAL DEPARTMENT (208) 288-2499 - Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-1-211 - Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 - Faz 887-1297 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: January 21 2000 TRANSMITTAL DATE: January 10 2000 HEARING DATE: February 8, 2000 FILE NUMBER: PP -00-003 REQUEST: PRELIMINARY PLAT FOR WOODBRIDGE BY: WOODBRIDGE COMMUNITY LLC LOCATION OF PROPERTY OR PROJECT: EAST SIDE OF SOUTH LOCUST GROVE, '/4 MILE SOUTH OF FRANKLIN ROAD KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHERIE McCANDLESS, C/C KEITH BIRD, C/C TAMMY de WEERD, C/C WATER DEPARTMENT SEWER DEPARTMENT SANITARY SERVICE BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) ALF _ � A� 1 g 2000 CITY OF �Us, i IN 0-. WOODBRIDGE SUBDIVISION PROPERTY OWNERS WITHIN 300' (CUP, PP) SMITH ROBERT R & RUTH G ANDREWS LARRY WALDEN & 335 S LOCUST GROVE RD ANDREWS CHERYLE LOUISE MERIDIAN ID 83642-6276 2330 AUTUMN WAY ZULAICA JUAN JOSE MERIDIAN ID 83642-6233 SNORTING BULL INVESTMENTS LLC 100 N 09TH BOYETTE HELEN L SUITE #300 2334 AUTUMN WAY BOISE ID 83702 MERIDIAN ID 83642-6233 385 S LOCUST GROVE RD MERIDIAN ID 83642-6224 COOPER JAN V MADER RICHARD F & HOWELL-MURDOCH DEVELOPMENT MADER KAREN J CORPORATION 2448 AUTUMN WAY 1087 W RIVER ST MERIDIAN ID 83642-6225 SUITE 250 BOISE ID 83702 MCCLUNG DANNY R & S LOCUST GROVE RD MCCLUNG VICKIE R MERIDIAN ID 83642-6224 330 THORNWOOD DR EVERETT MARVIN L MERIDIAN ID 83642-6222 785 S LOCUST GROVE RD MERIDIAN ID 83642-6270 PLANT MORGAN & MARILYN L 885 S LOCUST GROVE 300 S LOCUST GROVE RD MERIDIAN ID 83642-6204 MCKAGUE RONALD D & BONNIE R 885 S LOCUST GROVE RD OSBORNE RONALD LEE & MERIDIAN ID 83642-6271 OSBORNE CARLA R 373 THORNWOOD DR ZULAICA JUAN JOSE MERIDIAN ID 83642-6223 1367 NOVA LN MERIDIAN ID 83642 SMITH MARSHALL ROSCOE N FRANKLIN AVE 398 S LOCUST GROVE RD MERIDIAN ID 83642-6204 COOPER DAVE A & MERIDIAN ID 83642-6224 COOPER JAN V BROOKS LEE E & 335 THORNWOOD DR BROOKS SHARON K MERIDIAN ID 83642-6223 2115 AUTUMN WAY MERIDIAN ID 83642-6224 SMITH DAVID A & SMITH M MICHELLE KIDD GARNET DEAN & 2166 AUTUMN WAY KIDD RETA MAE MERIDIAN ID 83642-6224 2127 AUTUMN WAY MERIDIAN ID 83642-6224 JENKINS JENNIFER 2208 AUTUMN WAY FENDER FRED W & MERIDIAN ID 83642-6232 FEDNER LAURA L 2134 AUTUMN WAY CULLEY JOHN E & MERIDIAN ID 83642-6224 CULLEY MAE ROSE 2260 AUTUMN WAY MECHAM BRYAN N & MERIDIAN ID 83642-6232 MECHAM MICHELE G 2159 AUTUMN WAY MERIDIAN ID 83642-6224 UPTMOR STEVE M & BAILEY DENNIS W & UPTMOR GINA M BAILEY PEGGY I 2275 AUTUMN WAY 870 MUSTANG DR MERIDIAN ID 83642-6232 MERIDIAN ID 83642-6200 DUNCAN DANIEL W & WALLACE GLEN R & DUNCAN ANGELA K WALLACE CHERI L 2325 AUTUMN WAY 2180 CADILLAC DR MERIDIAN ID 83642-6233 MERIDIAN ID 83642 KNOWLTON KIMBERLY K AND HAMBLEY GARY E & JONAS LYNDA K HAMBLEY JEANNINE 2369 E AUTUMN WAY 2250 CADILLAC DR MERIDIAN ID 83642-6233 MERIDIAN ID 83642-6279 CHRISTIAN JERRY D & KEELING TOMMY D & CHRISTIAN CHERRY A KEELING LAURIE K 2425 AUTUMN WAY 1980 CADILLAC DR MERIDIAN ID 83642-6225 MERIDIAN ID 83642-6215 GREEN TROY D & OYAMA GREG L & GREEN ROBIN L OYAMA LARAINA G 2475 E AUTUMN WAY 2038 CADILLAC DR MERIDIAN ID 83642 MERIDIAN ID 83642 GRIFFIN JAMES F BURNHAM RONALD M & FIRST SECURITY BANK TRUST GRP BURNHAM KATHLEEN D PO BOX 2618 2050 CADILLAC DR BOISE ID 83701-2618 MERIDIAN ID 83642-6216 450 S LOCUST GROVE SPANGENBERG GORDON R & LOREE PAUL M & SPANGENBERG DEBRA K LOREE MARGARET E 2134 CADILLAC DR 2510 MAGIC VIEW CIR MERIDIAN ID 83642-6217 MERIDIAN ID 83642-6242 FOX ALAN A & PEARCEY DAVID S & FOX CAROL ANN PEARCEY BETTE K 1840 CADILLAC DR 675 WELLS ST MERIDIAN ID 83642-6274 MERIDIAN ID 83642-6249 NUTT THOMAS L & ROBINSON BONNIE J AND NUTT DIANE M HAMBLEY JUDY A 1880 CADILLAC DR 715 WELLS ST MERIDIAN ID 83642-6274 MERIDIAN ID 83642-6249 BLENN KERRY A & BUCKERT WANDA BLENN TAMMY L 971 WELLS CIR 1930 CADILLAC DR MERIDIAN ID 83642-6253 MERIDIAN ID 83642-6215 FORSBERG JOHNNY L LEE RICHARD A & NOLA S 2320 E CADILLAC DR 820 S LOCUST GROVE RD MERIDIAN ID 83642-6280 MERIDIAN ID 83642-6204 LINDLEY FAMILY REVOCABLE TRUST LINDLEY M L & V A TRUSTEES 1790 CADILLAC DR MERIDIAN ID 83642-6214 S TORINO AVE MIDDLETON ROBERT L & MIDDLETON VONA K 955 WELLS MERIDIAN ID 83642 MCMILLAN REECE A & LILLIBELLE 870 S LOCUST GROVE RD MERIDIAN ID 83642-6204 BORDEN LEE R & BORDEN LEONA J 903 TORINO AVE MERIDIAN ID 83642-6209 BERRETH JOHN DWAYNE & BERRETH MARY ELLEN 2205 E CADILLAC DR MERIDIAN ID 83642-6279 BLOK VICTORIA E PO BOX 33 MERIDIAN ID 83680-0033 925 S MUSTANG ST HOELZLE K ROBERT & HOELZLE DEBRA L 2155 CADILLAC DR MERIDIAN ID 83642-6217 PEMBERTON WARREN B & PEMBERTON JEANIE M 940 MUSTANG DR MERIDIAN ID 83642-6201 PATTAN BRET E & KIM J 910 S LOCUST GROVE RD MERIDIAN ID 83642-6204 RESOLUTION NO.2 06 FAVE CUP y BY: Ael— iA A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN AND WOODBRIDGE COMMUNITY, LLC, DEVELOPER. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with WOODBRIDGE COMMUNITY, LLC, denoted as "DEVELOPMENT AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL, as follows: 1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with WOODBRIDGE COMMUNITY, LLC, entitled "DEVELOPMENT AGREEMENT", by and between the City of Meridian and WOODBRIDGE COMMUNITY, LLC, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. PASSED BY THE COUNCIL OF THE CITY day of , 2000. 61 OF MERIDIAN, IDAHO, this lC6,11-1 APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ! 0 day of , 2000. RESOLUTION AUTHORIZING THE MAYOR TO – PAGE 1 OF 2 ENTER INTO A DEVELOPMENT AGREEMENT WITH WOODBRIDGE COMMUNITY, LLC (AZ -99-020) ZA—Y6 R ```�,`��1,�I{lrrrrrrrrrrf ATTEST: r r SEAL ZN-fTV CLERK J �cj !!lllrt!{ tlNlltll msg/Z: \Work\ M \Meridian 15360M\Woodbridge Community\RESOLUTION RESOLUTION AUTHORIZING THE MAYOR TO - PAGE 2 OF 2 - ENTER INTO A DEVELOPMENT AGREEMENT WITH WOODBRIDGE COMMUNITY, LLC (AZ -99-020) CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: That I am the duly appointed and elected Clerk of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerk of this City, I am the custodian of its records and minutes and do hereby certify that on the 'day of 2000, the following action has been taken and authorized: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN AND WOODBRIDGE COMMUNITY, LLC, DEVELOPER. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with WOODBRIDGE COMMUNITY, LLC, denoted as "DEVELOPMENT AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL, as follows: The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with WOODBRIDGE COMMUNITY, LLC, entitled "DEVELOPMENT AGREEMENT", by and between the City of Meridian and WOODBRIDGE COMMUNITY, LLC, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. �\\\\nt�ttn++rrlrri f 01F SEAL L )FILLIAM G. BERG, J CITY CLERK x;90 QST 1S'� • •��.� O �v T . STATE OF IDAHO, ss. County of Ada, ) On this ��day of 1� , in the year 2000, before me, �h P.a inn i - �I /nom✓ itz-, , a Notary Public, appeared WILLIAM G. BER �, JR., kn wn or identified to me to be the City Clerk of the City of Meridian, Idaho, that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. . E _ !G •• (SEAL) s ••�?f9 '0 "A '.�OFID•• . ,..•• Not blit for Idaho a� Commission Expires: msg/Z: \Work\ M\Meridian 15360M\Woodbridge Community\CERTofCLKforRESOLU NOTICE THE FOLLOWING IS A VERY IMPORTANT DOCUMENT WHICH EACH AND EVERY POTENTIAL BUYER AND OWNER OF PROPERTY WITHIN THE WOODBRIDGE RESIDENTIAL DEVELOPMENT SHOULD READ AND UNDERSTAND. THIS DOCUMENT DETAILS THE OBLIGATIONS AND PROHIBITIONS IMPOSED UPON ALL WOODBRIDGE PROPERTY OWNERS AND OCCUPANTS. MASTER DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS FOR WOODBRIDGE' RESIDENTIAL DEVELOPMENT THIS MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR WOODBRIDGE RESIDENTIAL DEVELOPMENT is made effective as of the day of , 1999, by Snorting Bull Investments, LLC, an Idaho limited liability company ("Grantor" and "Class B Member"). All capitalized terms not otherwise defined are defined in Article III. "Woodbridge" is a registered trademark/servicemark exclusively owned and controlled by Snorting Bull Investments, LLC, an Idaho limited liability company. TABLE OF CONTENTS Page ARTICLE I: RECITALS ................................................ 1 1.1 Property Covered .......................................... 1 1.2 Residential Development .................................... 1 1.3 Purpose of Master Declaration ................................ 1 ARTICLE II: DECLARATION ............................................ 1 ARTICLE III: DEFINITIONS ............................................. 2 3.1 "Abandoned or Inoperable Vehicle" ............................ 2 3.2 "Apartment(s)"............................................. 2 3.3 "Apartment Complex" ....................................... 2 3.4 "Articles" ................................................. 2 3.5 "Assessments" ............................................ 2 3.6 "Association" .............................................. 2 3.7 "Association Rules" ......................................... 3 3.8 "Board" .................................................. 3 3.9 "Building Envelope" ......................................... 3 3.10 "Building Lot" .............................................. 3 3.11 "Bylaws" ................................................. 3 3.12 "Common Area" ............................................ 3 3.13 "Condominium" ............................................ 4 3.14 "Delegate(s)".............................................. 4 3.15 "Design Committee" ........................................ 4 3.16 "Design Guidelines" ........................................ 4 3.17 "First Mortgage" ........................................... 4 3.18 "Front Lot Line" ............................................ 4 3.19 "Grantor" ................................................. 4 3.20 "Improvement" ............................................. 4 3.21 "Limited Assessment" ..........:............................. 5 3.22 "Local Association(s)"....................................... 5 3.23 "Local Association Board" .................................... 5 3.24 "-Local Association Rules and Regulations"...................... 5 3.25 "Local Common Area" ....................................... _ 5 3.26 "Maintenance Property" ..................................... 6 3.27 "Master Association" ........................................ 6 3.28 "Master Declaration" ........................................ 6 3.29 "Member" ................................................. 6 TABLE OF CONTENTS - I 3.30 "Mortgage" ............................................... 6 3.31 "Occupant" 10 3.32 ....................................... "Oversized Vehicles" 6 3.33 "Owner" 6 3.34 ..... "Party Wall" 12 3.35 ............................................... "Person(s)" 7 3.36 ............................................... "Phase" 7 3.37 ........................................... "Plat" 7 3.38 ........................................... "Project Documents" 7 3.39 ................................ ........ "Property .. 7 3.40 ....................................... 'Recreation Facility Association" 7 3.41 .............................. "Recreation Facility Board" 7 3.42 ................................... "Recreation Facility(ies)" 7 3.43 "Recreation Facility Rules and Regulations 7 g 3.44 "Regular Assessment" ............................. 3.45 "Restricted Area" 8 3.46 "Restricted Vegetation 8 3.47 ............................... "Rim Lots" 8 3.48 ........................................ "Shade 9 3.49 .................................................. "Shade,. Point 9 3.50 ....................................... "Shade Point Height 9 3.51 .................................. "Shade Restricted Lot 9 3.52 ................................. "Solar Friendly Vegetation9 9 3.53 "Solar Lots ................................................ 9 3.54 "Solar Lot Line ...................................... 10 3.55 "Solar Setbacks 3.56 .................................... 10 "Special Assessment" 3.57 ................................. 10 "Supplemental Declaration" 3.58 ................................. 10 "Townhomes" 3.59 ............................................ 10 "Waterway" .............................................. 10 ARTICLE IV: GENERAL AND SPECIFIC RESTRICTIONS .................... 10 4.1 Improvements - Generally ................................... 10 4.2 Exterior Maintenance, Owner's Obligations ...... _ ........... . . . . 11 4.3 _Landscaping ...................................... 12 4.4 ....... Nuisances 4.5 ...................................... No Hazardous Activities 12 4.6 ................. No Mining or Drilling 4.7 ....................................... Insurance Rates 13 .......................................... 13 4.8 Vehicles and Equipment .................................... 13 4.9 Animals/Pets ............................................. 13 4.10 No Mobile Homes or Temporary Structures ..................... 14 TABLE OF CONTENTS - 11 4.11 Drainage ................................................ 4.12 Grading ................................................. 14 4.13 Water Supply Systems 14 4.14 ..................................... Sewage Disposal Systems 14 — 4.15 Water Rights Appurtenant to Subdivision Lands 15_ 4.16 Energy Devices Outside .................................... 15 4.17 Si ns ........... _ 4.18 Antennae 4.19 ................................................ No Further Subdivision 15 4.20 ..................................... Leasing ................................................. 15 4.21 Grantor's Right of Development 15 4.22 Compliance with Laws ...................................... 16 ARTICLE V: MASTER ASSOCIATION ................................... 17 5.1 Organization of Master Association ........................... 17 5.2 Membership 17 5.3 Voting.................................................. 5.3.1 17 Class A Members .................................... 17 5.3.2 Class B Member ..:................................... 17 5.3.3 Class C Members .................................... 18 5.4 Board of Directors and Officers ............................... 18 5.5 Power and Duties of the Master Association .................... 18 5.5.1 Powers .......................................... 5.5.1.1 Assessments 18 ............................. 19 5.5.1.2 Right of Enforcement 19 5.5.1.3 Delegation of Powers ...................... 19 5.5.1.4 Association Rules 1-9 5.5.1.5 Emergency Powers ........................ 20 5.5.1.6 Licenses. Easements and Rights -of -Way ....... 20 5.5.2 Duties ............................................. 21 5.5.2.1 Operation and Maintenance of Common Area . 21 5.5.2.2 Operation and Maintenance of Restricted Area .. 21 5.5.2.3 Operation and Maintenance of Maintenance Property 23 5.5.2.4 Reserve Account .......................... 23 5.5.2.5 Maintenance of Berms Retaining Walls and Fences 23 5.5.2.6 Maintenance of the Irrigation System .......... 23 5.5.2.7 Taxes and Assessments .................... 23 5.5.2.8 Water and Other Utilities ................... 24 5.5.2.9 Insurance 24 5.5.2.10 Rule Making ............................. 25 5.5.2.11 Newsletter ............................... 25 5.5.2.12 Design Committee ......................... 25 TABLE OF CONTENTS - III 5.5.2.13 Enforcement of Restrictions and Rules ......... 25 5.6 Annual Meeting ........................................... 25 5.7 Budgets and Financial Statements ............................ 26 5.8 Manager 26 5.9 Personal Liability .......................................... 27 ARTICLE VI: LOCAL ASSOCIATIONS ................................... 27 6.1 Creation by Grantor ....................................... 27 6.2 Members of Local Associations 6.3 Voting in Local Associations ................................. 27 6.3.1 Class A Members .................................... 6.3.2 Class B Member ..................................... 28 6.4 Selection ................................................ 28 6.5 Selection of Delegate(s) for Phases ........................... 29 6.6 Annual Meetings of Local Associations 29 29 6.7 Management Powers Duties and Restrictions .................. 30 ARTICLE VII: RECREATION FACILITY ASSOCIATION 7.1 Creation by Grantor.. 31 7.2 ............. Members of Recreation Facility Association 31 7.3 ..................... Voting in the Recreation Facility Association ................... 31 31 . 7.3.1 Class A ............................................ 7.3.2 Class B 31 ............................................ 7.3.3 Class C 31 7.4 ............................................ Annual Meetings 31 7.5 .......................................... Management Powers Duties and Restrictions .................. 32 32 7.6 Separate Entity _ ...... 33 ARTICLE VIII: RIGHTS TO COMMON AREAS, RESTRICTED AREAS AND MAINTENANCE PROPERTY ................................. 33 8.1 Use of Common Area ...................................... 33 8.2 Designation of Common Area Restricted Area and Maintenance Property 34 8.3 Delegation of Right to Use 8.4 Damages ................................................. 35 ARTICLE IX: ASSESSMENTS .......................................... 35 9.1 Covenant to Pay Assessments ............................... 35 9.1 .1 Assessment Constitutes Lien ........................... ....... 35 9.1.2 Assessment is Personal Obligation ...................... 35 9.2 Uniform Rate of Assessment ................................. 9.3 Regular Assessments5 ...................................... 3 35 9.3.1 Purpose of Regular Assessments 36 TABLE OF CONTENTS - IV 9.3.2 Computation of Regular Assessments .................... 36 9.3.3 Amounts Paid by Owners .............................. 37 9.4 Special Assessments ...................................... 38 9.4.1 Purpose and Procedure ............................... 38 9.4.2 Consistent Basis of Assessment ........................ 38 9.5 Limited Assessments ...................................... 38 9.6 Assessment Period ........................................ 39 9.7 Notice and Assessment Due Date ............................ 39 9.8 Estoppel Certificate ........................................ 39 9.9 Special Notice and Quorum Requirements ...................... 39 ARTICLE X: ENFORCEMENT OF ASSESSMENTS; LIENS ................... 40 10.1 Right to Enforce .......................................... 40 10.2 Assessment Liens ......................................... 40 10.2.1 Creation ...................................... 40 10.2.2 Claim of Lien .................................. 41 10.3 Method of Foreclosure ..................................... 41 10.4 Subordination to Certain Trust Deeds .......................... 41 10.5 Rights of Mortgagees ...................................... 41 ARTICLE XI: INSPECTION OF AN ASSOCIATION'S BOOKS AND RECORDS ... 42 11.1 Member's Right of Inspection ................................ 42 11.2 Rules Regarding Inspection of Books and Records ............... 42 11.3 Director's Rights of Inspection ............................... 42 ARTICLE XII: DESIGN COMMITTEE .................................... 42 12.1 Creation: Grantor's Right of Appointment ....................... 42 12.2 Appointment of Design Committee Representative ............... 43 12.3 Improvements Generally .................................... 43 12.4 Solar Access Compliance ................................... 44 12.4.1 Shade Restriction .............................. 44 12.4.2 Pre -Existing Vegetation .......................... 44 12.4.3 Slope Exemption ............................... 44 12.4.4 Solar Setbacks ................................. 44 12.4.5 Solar Access Rights ............................. 45 12.4.6 Solar Access Duties ............................. 45 12.5 Expenses ............................................... 45 12.6 Non -Liability of Design Committee Members .................... 45 12.7 Variances ............................................... 46 12.8 Grantor's Exemption ....................................... 46 TABLE OF CONTENTS - V ARTICLE XIII: EASEMENTS ........................................... 46 13.1 Owners: Easements of Eniovment ............................ 46 13.2 Delegation of Use ......................................... 46 13.3 Recorded Easements ...................................... 46 13.4 Easements of Encroachment ................................ 47 13.5 Party Walls .............................................. 47 13.6 Easements of Access ...................................... 47 13.7 Drainage and Utility Easements .............................. 48 13.7.1 Improvement of Drainage and Utility Easement Areas ....... 48 13.8 Rights and Duties Concerning Utility Easements ................. 48 13.9 Driveway Easements ....................................... 49 13.10 Disputes as to Sharing of Costs .............................. 49 13.11 General Landscape Easement ............................... 49 13.12 Grantor's Rights Incident to Construction ....................... 49 13.13 Easements Deemed Created ................................ 50 13.14 Waterway Easements ...................................... 50 13.15 Reservation for Expansion .................................. 50 13.16 Emergency Easement ...................................... 50 13.17 Maintenance Easement ..................................... 50 13.18 Association's Responsibility ................................. 51 ARTICLE XIV: DAMAGE OR DESTRUCTION .............................. 51 14.1 Master Association, Recreation Facility Association and Local Association as Attorneys in Fact ....................................... 51 14.2 Estimate of Damages or Destruction ........................... 51 14.3 Repair and Reconstruction .................................. 51 14.4 Funds for Repair and Reconstruction .......................... 52 14.5 Disbursement of Funds for Repair and Reconstruction ............ 52 14.6 Decision Not to Rebuild .................................... 52 14.7 Damage or Destruction Affecting Building Lots ................... 52 ARTICLE XV: CONDEMNATION ....................................... 53 15.1 Rights of Owners .......................................... 53 .15.2 Condemnation: Distribution of Award: Reconstruction .........:... 53 ARTICLE XVI: RESOLUTION OF DISPUTES .............................. 53 ARTICLE XVII: MISCELLANEOUS ...................................... 54 17.1 Term ................................................... 54 17.2 Amendment .............................................. 54 17.2.1 By Grantor .................................... 54 17.2.2 By Owners .................................... 54 TABLE OF CONTENTS - VI EXHIBIT A LEGAL DESCRIPTION OF PROPERTY ............................. 63 EXHIBIT B PROPERTY FOR EXCLUSIVE USE OF MASTER ASSOCIATION ........ 64 TABLE OF CONTENTS - VII 17.2.3 Effect of Amendment ............................ 54 17.3 Mortgage Protection ....................................... 55 17.4 Notices ................................................. 58 17.5 Enforcement and Non -Waiver ................................ 59 17.5.1 Right of Enforcement ............................ 59 17.5.2 Violations and Nuisances ........................ 59 17.5.3 Violation of Law ................................ 59 17.5.4 Remedies Cumulative ........................... 59 17.5.5 Non -Waiver ................................... 59 17.6 Use of Trademark ......................................... 59 17.7 Interpretation ............................................. 59 17.7.1 Restrictions Construed Together ................... 60 17.7.2 Restrictions Severable ........................... 60 17.7.3 Singular Includes Plural .......................... 60 17.7.4 Captions ..................................... 60 17.8 Successors and Assigns .................................... 60 17.9 Owners' Acknowledgements .................................. 60 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY ............................. 63 EXHIBIT B PROPERTY FOR EXCLUSIVE USE OF MASTER ASSOCIATION ........ 64 TABLE OF CONTENTS - VII ARTICLE I: RECITALS 1.1 Property Covered. The property potentially subject to this Master Declaration of Covenants, Conditions and Restrictions For Woodbridge Residential Development is the property legally described in Exhibit A attached hereto and made a part hereof which property consists of approximately 80 acres approved by the City of Meridian for the development of up to residential units ("Woodbridge"). Grantor intends to develop the Property in multiple development Phases, as defined below. Each Phase, and any property otherwise annexed into Woodbridge shall be subject to this Master Declaration through a Supplemental Declaration, and all property made subject to this Master Declaration shall be referred to as the "Property." Unless and until a Supplemental Declaration is filed with the Ada County Recorder's Office, no property located within Woodbridge or otherwise shall be subject to this Master Declaration. Each Owner, by accepting a deed to any portion of the Property, acknowledges and agrees that Grantor is under no obligation to subject any portion of Woodbridge to this Master Declaration. 1.2 Residential Development. Woodbridge is a residential development which Grantor currently intends to develop in accordance with existing development approvals obtained by Grantor from the City of Meridian, or any other development plan(s) for which Grantor may from time to time obtain approval from the City of Meridian (the "Development Plan"). The Property will be developed for single-family residential homes, including, without limitation, single-family detached housing, Apartments, Townhomes, Condominiums and Recreation Facility(ies). 1.3 Purpose of Master Declaration. The purpose of this Master Declaration is to set forth the basic restrictions, covenants, limitations, easements, conditions and equitable servitudes (collectively "Restrictions") that will apply to the entire development and use of any and all portions of the Property. The Restrictions are designed to protect, enhance and preserve the value, amenities, desirability, and attractiveness of the Property; to ensure a well -integrated, high quality development; and to guarantee adequate maintenance of the Common Area, Restricted Area and Maintenance Property, including any 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 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 and Restrictions set forth herein shall run MASTER DECLARATION -1 S:1C1ientsZ267131Woodbridge - Master Declarabonmpd with the land constituting the Property, and with each estate therein, and shall be binding upon any Person 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, any grantee or grantee's successors, any Owner or Owner's successors, or by the Master Association, Recreation Facility Association or any Local Association. In the event of any conflict between this Master Declaration and any other of the Project Documents, this Master Declaration shall control. ARTICLE III: DEFINITIONS 3.1 "Abandoned or Inoperable Vehicle" shall be defined as any vehicle which has not been driven under its own propulsion for a period of seven (7) days or longer. 3.2 "Apartment(§)" shall mean a for -rent multi -family residential dwelling contained within an Apartment Complex. 3.3 "Apartment Complex" shall mean any structure which contains for -rent multi- family residential dwellings and which is designated as an Apartment Complex on any recorded Plat or in any Supplemental Declaration. Apartment Complexes do not include Condominiums or Townhomes. 3.4 "Articles" shall mean the Articles of Incorporation of an Association or other organizational or charter documents of an Association. 3.5 "Assessments" shall mean those payments required of Owners who are Master Association Members, Local Association Members and/or Recreation Facility Association Members, including Regular, Special and Limited Assessments. The Master Association, Recreation Facility Association and/or any Local Association shall have the right to require assessments from their respective Members, however, all Recreation Facility Association and Local Association Assessments shall be levied by and through the Master Association. 3.6 "Association" shall mean the Master Association, Recreation Facility Association and/or any Local Association, whichever is appropriate in the context. MASTER DECLARATION - 2 S:\C1ients\5267�3\Woodbridge - Master Declaration.wpd 3.7 "Association Rules" shall mean those rules and regulations promulgated by an Association governing conduct upon and use of the Property under the jurisdiction or control of that Association, the imposition of fines and forfeitures for violation of Association Rules and regulations, and procedural matters for use in the conduct of business of an Association. 3.8 "Board" shall mean the Board of Directors or other governing board or individual, if applicable, of the Master Association. The Board shall be comprised of the Delegates appointed by the Local Associations, Phases and/or the Grantor to the Master Association. 3.9 "Building Envelope" shall mean the area within a Building Lot where a residential structure and accessory structures may be located, always subject to the prior written approval of the Design Committee. Building Envelopes shall be designated by the Grantor by describing such an area on a recorded Plat, reserving it in a deed or other instrument, or by designating it as such in this Master Declaration, any Supplemental Declaration or the Design Guidelines. If a Building Envelope is not so designated within a Building Lot, then the Building Envelope shall be that portion of the Building Lot not located within legal setback areas or designated easements. 3.10 "Building Lot" shall mean a lot within a Phase of Woodbridge as specified or shown on any Plat and/or by Supplemental Declaration, upon which Improvements may be constructed. For voting, membership and Assessment purposes herein, "Building Lot" shall mean each single-family detached residential dwelling and each Townhome or Condominium, but excluding any Apartment and Apartment Complex. Building Lot shall not include any Common Area or Restricted Area. 3.11 "Bylaws" shall mean the Bylaws of an Association. 3.12 "Common Area" shall mean any or all parcels of Common Area or Local Common Area, whichever is appropriate in the context, and shall include, without limitation, all such parcels that are designated as roads, streets, drives, parking areas or drives, common open space, pastures, wildlife habitat, common landscaped areas, storage facilities, recreational facilities, other amenities and facilities, and Waterways. Common Area may be established from time to time by Grantor on any portion of the Property by describing such area on a recorded Plat, by granting or reserving it in a deed or other instrument, or by designating it as such in this Master Declaration or in any Supplemental Declaration. In addition, the Master Association may acquire any Common Area it deems necessary and/or beneficial to the Property. Common Area may include easement and/or license rights. MASTER DECLARATION - 3 SAC1ients\5267\3\Woodbridge - Master Declarationmpd 3.13 "Condominium" shall mean a condominium as defined in Idaho Code § 55- 1501 et seq., as amended from time to time. 3.14 "Delegate(s)" shall mean a person selected by Members of a Local Association or Owners within a Phase, and Grantor until Grantor's Class B Membership terminates, to represent the interests of Members of the Local Association, Owners within a Phase and Grantor, respectively, at the Master Association and the Recreation Facility Association. All Delegates to the Master Association shall comprise the members of the Board and all Delegates to the Recreation Facility Association shall comprise the Recreation Facility Association Board. Members of a Local Association or Owners within a Phase, and Grantor until Grantor's Class B Membership terminates, shall elect separate Delegates to the Master Association and the Recreation Facility Association; provided however, that the same Person can be the Delegate to the Master Association and the Recreation Facility Association. 3.15 "Design Committee" shall mean the Design Committee created by Grantor pursuant to Article XII hereof. 3.16 "Design Guidelines" shall mean the design guidelines and rules promulgated, published, amended and supplemented from time to time pursuant to Article XII. 3.17 "First Mortgage" shall mean any Mortgage which is not subordinate to any lien or encumbrance except liens for taxes or other liens which are given priority by statute. 3.18 "Front Lot Line" shall mean the line represented by the connection of the most distant corners of a Building Lot, including flag lots, where said corners are in common with the boundary of a public or private road. For corner Building Lots, the Front Lot Line may be designated on the plat. 3.19 "Grantor" shall mean Snorting Bull Investments, LLC, an Idaho limited liability company, or its successors in interest, or any Person to whom the rights under this Master Declaration are expressly transferred, in whole or in part, other than a transfer to individual Building Lot Owners, by Snorting Bull Investments, LLC, or its successors. 3.20 "Improvement" shall mean any structure, facility or system, or other improvement or object, whether permanent or temporary, which is erected, constructed, placed upon or allowed on, under or over any portion of the Property, including, without limitation, residential structures, accessory buildings, fences, streets, drives, driveways, parking areas, sidewalks, bicycle paths, curbs, landscaping, walls, hedges, plantings, trees, wildlife habitat improvements, living and/or dead vegetation, rocks, signs, lights, mail boxes, electrical lines, pipes, pumps, ditches, Waterways, recreational facilities, grading, road construction, utility improvements, removal of trees and other vegetation, plantings, MASTER DECLARATION - 4 SAC1ients\5267\3\Woodbridge - Master Declaration.wpd and landscaping, and any new exterior construction or exterior improvement which may not be included in the foregoing. Improvement(s) includes both original improvements existing on the Property on the date hereof and all later changes and Improvements. 3.21 "Limited Assessment" shall mean a charge against a particular Owner, other than Apartment Complex Owners, and such Owner's Building Lot, directly attributable to the Owner, equal to the cost incurred by the Master Association, Recreation Facility Association or Local Association in connection with corrective action performed pursuant to the provisions of this Master Declaration or any Supplemental Declaration, including, without limitation, damage to any Common Area, Restricted Area, Maintenance Property or the failure of an Owner to keep his/her/its Building Lot in proper repair, and including interest thereon as provided in this Master Declaration or a Supplemental Declaration. All Limited Assessments by the Recreation Facility Association and any Local Association shall be levied through the Master Association. 3.22 "Local Association(§)" shall mean any profit or not-for-profit Idaho corporation or unincorporated association, or the successors of any of them, organized and established by Grantor or Owners/Members of a particular Phase pursuant to or in connection with the terms of this Master Declaration or a Supplemental Declaration recorded by Grantor for any individual Phase. A Local Association shall have no right, title or interest in the name "Woodbridge," stylized or otherwise, or any logo in connection therewith. 3.23 "Local Association Board" shall mean the duly elected and qualified Board of Directors, or other governing board or individual, if applicable, of a Local Association. 3.24 "Local Association Rules and Regulations" shall mean those rules and regulations promulgated by any Local Association Board and approved by the Board, governing conduct upon and use of property of Local Association Owners/Members,the imposition of fines and forfeitures for violation of Local Association Rules and Regulations, and procedural matters for use in the conduct of business of the Local Associations. 3.25 "Local Common Area" shall mean all real property in which a Local Association holds an interest or which is held or maintained for the mutual use and benefit of such Local Association and its Members. Local Common Area may be established from time to time by Grantor on any portion of the Property by describing such area on a recorded Plat, by granting or reserving it in a deed or other instrument, or by designating it as such in this Master Declaration or in any Supplemental Declaration. In addition, any Local Association may acquire any Common Area or Restricted Area it deems necessary and/or beneficial to the Property. Local Common Area may include easement and/or license rights. MASTER DECLARATION - 5 SAC1ients\5267131Woodbridge - Master Declarationmpd 3.26 "Maintenance Property" shall mean any real or personal property within the general vicinity of the Property not owned by any Association, but which the Master Association operates and/or maintains for the benefits which will accrue to the Property and its Owners, including, without limitation, any signs, benches lights trails parks or other open space and lands. 3.27 "Master Association" shall mean the Idaho profit or non-profit corporation, or its successors, organized and established by Grantor to exercise the powers and to carry out the duties set forth in this Master Declaration or any Supplemental Declaration. Grantor shall have the power, in its discretion, to name the Master Association the "SV Homeowners' Association, Inc.", or any similar name which fairly reflects its purpose. The Master Association shall have no right, title or interest in the name "Woodbridge," stylized or otherwise, or any logo in connection therewith. 3.28 "Master Declaration" shall mean this Master Declaration as it may be amended and supplemented from time to time. 3.29 "Member" shall mean each Owner holding a membership in the Master Association, including Grantor. Where specific reference or the context so indicates, it shall also mean Owners holding membership in the Recreation Facility Association and any Local Association, including Grantor. Owners of Apartment Complexes shall not be Members of any Associations. 3.30 "Mortgage" shall mean any mortgage, deed of trust, or other document pledging any portion of the Property or interest therein as security for the payment of a debt or obligation. 3.31 "Occupant" shall mean any resident or occupant of a Building Lot other than the Owner, including, without limitation, family members, guests, invitees and tenants. 3.32 "Oversized Vehicles" shall be defined as vehicles which are too high or too wide to clear the entrance of a normal residential garage door opening. 3.33 . "Owner" shall mean the record owner, whether one or more Persons, including Grantor, holding fee simple interest of record to a Building Lot which is a part of the Property, and buyers under executory contracts of sale, but excluding those Persons having such interest merely as security for the performance of an obligation, unless and until such Person has acquired fee simple title pursuant to foreclosure or other proceedings. For purposes of Association membership, voting and Assessments, Apartment Complex Owners shall not be "Owners". MASTER DECLARATION - 6 S:1C1ientsZ267\31Woodbridge - Master Declarationmpd 3.34 "Part Wall" shall mean any common wall between two (2) single-family residences which is also the legal dividing line between the two (2) residences. 3.35 "Person(s)" shall mean any individual, partnership, corporation, trust, estate or other legal entity, including Grantor. 3.36 "Phase" shall mean a defined portion of the Property which has been designated as a Phase by recorded Supplemental Declaration. Each Phase shall contain one or more Building Lots, and may, in Grantor's discretion, be managed to the extent permitted herein by a Local Association. 3.37 "Plat" shall mean any subdivision plat covering any portion of the Property as recorded in the Ada County Recorder's Office as the same may be amended by duly recorded amendments thereof. 3.38 "Project Documents" shall mean the basic documents creating and governing the Property including, without limitation, this Master Declaration, any Supplemental Declaration, Articles of Incorporation and Bylaws of an Association, any Association Rules, the Design Guidelines and any other procedures, rules, regulations or policies adopted under such documents by an Association or the Design Committee. 3.39 "Property" shall mean those portions of the property described on Exhibit A subjected to this Master Declaration by recorded Supplemental Declaration, including, without limitation, each lot, parcel and portion thereof and interest therein. 3.40 "Recreation Facility Association" shall mean any profit or not-for-profit Idaho corporation or unincorporated association, or its successors, organized and established by Grantor pursuant to or in connection with the terms of this Master Declaration. The Recreation Facility Association shall have no right, title or interest in the name "Woodbridge," stylized or otherwise, or any logo in connection therewith. 3.41 "Recreation Facility Board" shall mean the Board of Directors or other governing board or individual, if applicable, of the Recreation Facility Association. The Recreation Facility Board shall be comprised of the Delegates appointed by the Local Associations, Phases and/or the Grantor to the Recreation Facility Association. 3.42 "Recreation Facility(ies)" shall mean all real and personal property in which the Recreation Facility Association holds an interest or which is held or maintained for the mutual use and benefit of such Recreation Facility Association and its Members. The Recreation Facility(ies) shall be established from time to time by Grantor on any portion of the Property by describing such area on a recorded Plat, by granting or reserving it in a deed or other instrument, or by designating it as such in this Master Declaration or in any MASTER DECLARATION - 7 S:\CHents\5267\3\Woodbridge - Master Declaration.wpd Supplemental Declaration. In addition, the Recreation Facility Association may acquire any other real or personal property it deems necessary and/or beneficial to its Members. The Recreation Facility(ies) may include easement and/or license rights. 3.43 "Recreation Facility Rules and Regulations" shall mean those rules and regulations promulgated by the Recreation Facility Association Board governing conduct upon and use of the Recreation Facility(ies), the imposition of fines and forfeitures for violation of Recreation Facility Association Rules and Regulations, and procedural matters for use in the conduct of business of the Recreation Facility Association. 3.44 "Regular Assessment" shall mean the portion of the cost of maintaining, improving, repairing, managing and operating the Common Area, Restricted Area and the Maintenance Property, including all Improvements located thereon, and the other costs and expenses incurred to conduct the business and affairs of an Association which is levied against the Building Lot of each Owner by the Master Association, Recreation Facility Association or applicable Local Association, pursuant to the terms of this Master Declaration or a Supplemental Declaration. All Regular Assessments by the Recreation Facility Association and any Local Association shall be levied through the Master Association. 3.45 "Restricted Area" shall mean that portion of the Property which is not Common Area or Building Lots, but is owned or leased, operated and maintained by the Master Association, or any Local Association. Restricted Area may be established from time to time by Grantor on any portion of the Property by describing such area on a recorded Plat, by granting or reserving it in a deed or other instrument, or by designating it as such in this Master Declaration, any Supplemental Declaration or the Design Guidelines. In addition, the Master Association may acquire any Restricted Area it deems necessary and/or beneficial to the Property and/or the Owners. Restricted Area may include easement, lease and/or license rights. Restricted Area shall not be subject to use by Members, Owners or the Public; provided however, that the Master Association shall have the power to convert any Restricted Area into Common Area or to allow limited or selective uses of the Restricted Area. 3.46 "Restricted Vegetation" shall mean a tree or other vegetation which is either evergreen, or if deciduous, tends to retain its leaves late in the fall and/or drop them late in the spring, or has a dense branching pattern which generally tends to block a high level of the sun's rays during the heating season (refer to the list of "solar friendly" trees on file with the [Boise City Public Works] and the Community Planning and Development Departments). MASTER DECLARATION - 8 SAClients15267\31Woodbridge - Master Declarationmpd 3.47 "RI_ shall mean those Building Lots which are designated by Grantor as such on any recorded Plat, deed or other instrument, or by designating them as such in this Master Declaration, any Supplemental Declaration or the Design Guidelines. 3.48 "Shade" shall mean that portion of the shadow cast by the shade point of a structure or vegetation which exceeds the 11.5 foot fence at the Solar Lot Line at solar noon, January 21. 3.49 "Shade Point" shall mean that part of a structure, tree or other object, on a Shade Restricted Lot, which casts the longest shadow (the most northerly shadow) when the sun is due south on January 21 st at an altitude of twenty-six (26) degrees above the horizon, except a shadow caused by a narrow object such as a chimney, antenna, utility pole, wire, etc. 3.50 "Shade Point Height" shall mean the vertical distance or height measured from the average elevation at the Solar Lot Line to the Shade Point. If the Shade Point is located at the north end of a ridge line or a structure oriented within 45 degrees of a geodetic north -south line, the Shade Point Height computed according to the preceding sentence may be reduced by 3 feet. If a structure has a roof oriented within 45 degrees of the geodetic east -west line with a pitch which is flatter than 6 feet (vertical) in 12 feet (horizontal), the Shade Point will be the cave of the roof. If such a roof has a pitch which is 6 feet in 12 feet or steeper, the Shade Point will be the peak of the roof. 3.51 "Shade Restricted Lot" shall mean any Building Lot that is southerly of and adjacent to a Solar Lot. These Building Lots have some restriction on vegetation types and structure height. 3.52 "Solar Friendly Vegetation" shall mean a tree or other vegetation which is included on the "solar friendly" vegetation list kept by the [City of Boise's Public Works] and Community Planning and Development Departments. 3.53 "Solar Lots" shall mean a Building Lot which has the following characteristics: 1. The Front Lot Line is oriented within thirty (30) degrees of a geodetic east/west bearing; 2. The Building Lot to the immediate south has a north slope of ten (10) percent or less, structure. 3. Is intended for the construction of an above ground inhabited MASTER DECLARATION - 9 &\Clients\5267\3\Woodbridge - Master Declarationmpd 3.54 "Solar Lot Line" shall mean the most southerly boundary of a Solar Lot: the line created by connecting the most distant southerly corners of the Solar Lot. 3.55 "Solar Setbacks" shall mean the minimum distance, measured perpendicular in a southerly direction, from the center of the Solar Lot Line to the Shade Point of a structure or to Restricted Vegetation based upon its height at maturity on the Shade Restricted Lot. 3.56 "Special Assessment" shall mean that portion of the costs of the capital improvements or replacements, equipment purchases and replacements or shortages in Regular Assessments which are authorized to be paid to the Master Association, Recreation Facility Association or applicable Local Association, pursuant to the provisions of this Master Declaration or a Supplemental Declaration. All Special Assessments by the Recreation Facility Association and any Local Association shall be levied through the Master Association. 3.57 "Supplemental Declaration" shall mean any Supplemental Declaration including additional covenants, conditions and restrictions that might be adopted by Grantor with respect to any Phase or any portion of the Property. 3.58 "Townhomes" shall mean any development approach in which Building Lots are reduced in size and/or sited closer together in clusters. Townhomes may include zero lot line units, attached units and detached units, excluding Condominiums and Apartments. 3.59 "Waterway" shall mean any surface water amenity, including, without limitation, any lake, pond, channel, slough, stream, or reservoir, natural or artificial, which is located on the Property. ARTICLE IV: GENERAL AND SPECIFIC RESTRICTIONS 4.1 Improvements - Generally. All Improvements are to be designed, constructed and used in such a manner as to promote compatibility between the types of uses contemplated by this Master Declaration. Specific design and construction guidelines are contained in the Design Guidelines. The Design Guidelines and the general instructions set forth in this Master Declaration shall govern the right of a Person or Owner, excluding the Grantor, to construct, reconstruct, refinish, remove, add, alter or maintain any Improvement upon, under or above the Property, and to make or create any excavation or fill on the Property, or make any change in the natural or existing surface contour or drainage, or install any utility line or conduit on, under or over the Property, including, without limitation, any Building Lot. All Improvements by any Owner/Member, excluding Grantor, must be pre -approved in writing by the Design Committee prior to their construction or reconstruction. MASTER DECLARATION - 10 SAC5ents\5267\3\Woodbridge - Master Declarationmpd All Building Lots, other than the Building Lot(s) used for the Recreation FaciIity(ies), shall be used exclusively for residential purposes. No Building Lot, other than the Building Lot(s) used for the Recreation Facility(ies) or utility facilities and services, shall be improved except with residential structures and accessory structures as permitted under the Design Guidelines. This Master Declaration is not intended to serve as authority for the Design Committee to control the interior layout or design of residential structures except to the extent incidentally necessitated by use, size and height restrictions. This Master Declaration is intended to serve as authority for the Design Committee to use its judgment to see that all Improvements conform and harmonize as to external design, quality and type of construction, architectural character, materials, color, location on the Property, height, grade and finished ground elevation, natural conditions, landscaping, and all aesthetic considerations as set forth in this Master Declaration and in the Design Guidelines. The Master Association, Recreation Facility Association, or any affected Local Association, after reasonable notice to the offender and/or to the Owner, may remove any Improvement constructed, reconstructed, refinished, removed, added, altered or maintained in violation of this Master Declaration and/or the Design Guidelines and the Owner of the Improvements shall immediately reimburse the applicable Association for all expenses incurred with such removal. Each violation of this Master Declaration and the Design Guidelines is hereby declared to be and to constitute a nuisance, and every public or private remedy allowed for such violation by law or equity against an Owner and/or Member shall be applicable. 4.2 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 his or her Building Lot, the applicable Local Association of which such Owner is a Member (or the Master Association if the applicable Association fails to act or if no applicable Association exists), upon thirty (30) 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 applicable 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 herein. 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 MASTER DECLARATION - 11 S:\C1ientsZ267\3\Woodbridge - Master Declarabonmpd ten (10) days after receipt of written demand therefor, or the amounts may, at the option of the Board, be added to the amounts payable by such Owner as Regular Assessments. 4.3 _Landscaping. The Design Committee shall adopt guidelines regulating landscaping permitted and required. In the event that any Owner shall fail to install and maintain landscaping in conformance with such guidelines, or shall allow such Owner's landscaping to deteriorate to a dangerous, unsafe, unsightly or unattractive condition, the applicable Local Association of which such Owner is a Member (or the Master Association if the applicable Association fails to act or if no applicable Association exists), upon thirty (30) 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 applicable 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 herein. The Owner of the offending property shall be personally liable, and such Owner's property may be subject to a mechanic's lien for all costs and expenses incurred by the Association in taking such corrective acts, plus all costs incurred in collecting the amounts due. Each Owner shall pay all amounts due for such work within ten (10) days after receipt of written demand therefor, or the amounts may, at the option of the Board, be added to the amounts payable by such Owner as Regular Assessments. 4.4 Nuisances. No rubbish or debris of any kind shall be placed or permitted to accumulate anywhere upon the Property, including the Common Area and Restricted Area or vacant Building Lots, and no odor shall be permitted to arise from any portion of the Property so as to render the Property or any portion thereof unsanitary, unsightly, offensive or detrimental to the Property or to its occupants or residents, or to any other property in the vicinity thereof or to its occupants or residents. No business or home occupation, no noise, no exterior fires, no obstructions of pedestrian walkways, no unsightliness, 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 residents or to other property in the vicinity or to its occupants or residents, as determined by an Association, in its reasonable judgment, or in violation of any state or local law or ordinance. Without limiting the generality of any of the foregoing, no whistles, bells or other sound devices (other than security devices used exclusively for security purposes which have been approved by the Design Committee), flashing lights or search lights, shall be located, used or placed on the Property without the prior written approval of the Design Committee. 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, trash, equipment, gas canisters, propane gas tanks, barbecue equipment, heat pumps, compressors, containers, lumber, firewood, grass, shrub or tree clippings, plant ways, metals, bulk material, and scrap shall be kept at all times in such containers and in areas approved by the Design Committee. No clothing or fabric shall be hung, dried or aired in such a way as to be visible to any other portion of the Property. MASTER DECLARATION - 12 S:\Clients\526713\Woodbridge - Master Declarationmpd 4.5 No Hazardous Activities. No activities shall be conducted on the Property, and no Improvements shall be constructed on any Property which are or might be unsafe or hazardous to any Person or property. 4.6 No Minina or Drilling. No portion of the Property shall be used for the purpose of blasting, mining, quarrying, drilling, boring or exploring for or removing water, oil, gas or other hydrocarbons, minerals, rocks, stones, sand, gravel or earth. This Section 4_6 shall not prohibit exploratory drilling or coring which is necessary to construct Improvements. 4.7 Insurance Rates. Nothing shall be done or kept on any Building Lot which will increase the rate of, or cancel any 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 portion of the Property owned or managed by any Association or which would be in violation of any law. 4.8 Vehicles and Equipment. The use of all vehicles and equipment, including, without limitation, trucks, automobiles, bicycles, motorcycles, recreational vehicles, all - terrain vehicles, motor homes, motor coaches, campers, trailers, snowmobiles, aircraft, boats, snow removal equipment, garden maintenance equipment, and yard maintenance equipment shall be subject to any of the Project Documents which prohibit or limit the use thereof within the Property. Without limiting the foregoing, the following specific restrictions apply: 1) all on -street parking shall be limited to those specific areas where on - street parking is not expressly prohibited; 2) vehicles shall not extend or otherwise be permitted on or into any sidewalk, bicycle path, pedestrian path, or Waterway unless such vehicle is engaged in an emergency procedure, or as provided elsewhere in the Project Documents- 3) no motor homes, motor coaches, campers, trailers, snowmobiles, aircraft, boats, recreational vehicles, all -terrain vehicles, Abandoned or Inoperable Vehicles, Oversized Vehicles, dilapidated or unrepaired and unsightly vehicles or similar equipment such as snow removal equipment, garden maintenance equipment and all other unsightly equipment and machinery 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 Design Committee; 4) to the extent possible, garage doors shall remain closed at all times; and 5) the use of any electronic, gas or other fuel operated gardening, yard or snow removal equipment shall only be allowed from 8:00 a.m. to 8:00 p.m. 4.9 Animals/Pets. No animals, birds, insects, pigeons, poultry or livestock shall be kept on the Property, except as provided in any Supplemental Declaration. This Section 4.9 is not intended to prohibit the keeping of domesticated dogs, domesticated MASTER DECLARATION - 13 S:1ClientsZ267131Woodbridge - Master Declarationmpd cats, and other household pets which do not unreasonably bother or constitute a nuisance to others as determined by the Board or applicable Local Association Board, in its reasonable judgment, and are kept in compliance with the laws and ordinances of the City of Meridian. Each dog in Woodbridge shall be subject to all "leash laws" of the City of Meridian when such animal is off the premises of its owner. Animal structures are governed by the Design Guidelines. 4.10 No Mobile Homes or Temporary Structures. No house trailer, mobile home, tent (other than for short term recreational 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. 4.11 Drainage. There shall be no interference with the established drainage pattern over any portion of the Property, unless an adequate alternative provision is made for proper drainage and is first approved in writing by the Design Committee. For the purposes hereof, "established" drainage is defined as the system of drainage, whether natural or otherwise, which exists at the time the overall grading of any portion of the Property is completed by Grantor, or that drainage which is shown on any plans approved by the Design Committee, which may include drainage from Common Area and Restricted Area over any Building Lot in the Property. 4.12 Grading. The Owner of any Building Lot within the Property in which grading or other work has been performed pursuant to a grading plan approved under applicable provisions of the Meridian City Code or by the Design Committee, shall maintain and repair all graded surfaces and erosion prevention devices, retaining walls, drainage structures, means or devices which are not the responsibility of any public agency, and plantings and ground cover installed or completed thereon. Such requirements shall be subject to Regular, Special, and Limited Assessments provided for herein. 4.13 Water Supply Systems. No separate or individual water supply system, regardless of the proposed use of the water to be delivered by such system, shall be permitted on any Building Lot unless such system is approved by all government authorities having jurisdiction, and designed, located, constructed and equipped in accordance with the requirements, standards and recommendations of the Design Committee and Grantor, so long as Grantor is the Owner of Building Lots. 4.14 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 thereon. MASTER DECLARATION - 14 SAC lientsZ26713\Woodbridge - Master Declarationmpd 4.15 Water Rights Appurtenant to Subdivision Lands. Grantor owns certain water rights which are appurtenant to the Property and which may be utilized in the dual irrigation system which will supply non -potable irrigation water to the Property. Upon conveyance of the Building Lots to Owners, Grantor shall reserve in itself any and all water rights appurtenant to the Property, and accordingly, Owners of any and all Building Lots shall have no right, title or interest in any of said water or water rights. 4.16 Energy Devices Outside. No energy production devices, including, without limitation, 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 Design Committee, except for heat pumps shown in the plans approved by the Design Committee. This Section 4.16 shall not apply to passive solar energy systems incorporated into the approved design of a residential structure. 4.17 Signs. No signs of any kind, including, without limitation, "for sale" signs, shall be displayed on or from any portion of the Property except those signs approved by the Design Committee, or signs of Grantor or its representatives, agents, employees or assigns, or signs required by law. 4.18 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 not visible to the public or visible from any ground floor elevation of a Building Lot, and located or screened in a manner acceptable to the Design Committee. 4.19 No Further Subdivision. No Building Lot maybe further subdivided unless expressly approved in writing by Grantor and consistent with all applicable city and state laws and ordinances. 4.20 Leasing. The Owner of a Building Lot shall have the right to lease such Building Lot and residential dwelling thereon, subject to the following conditions: 1) all leases shall be in writing; 2) the lease shall be specifically subject to the Project Documents, and any failure of a tenant to comply with the Project Documents shall be a default under the Lease; and 3) the Owner shall be liable for any violation of the Project Documents committed by the tenants of the Owner, without prejudice to the Owner's right to collect any sums paid by the Owner on behalf of the tenant. 4.21 Grantor's Ri ht of Develo ment. Nothing contained herein shall limit the right of Grantor to grant licenses, to reserve rights -of -ways and easements for 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, including the Recreation Facility(ies), or to alter the foregoing and its construction plans and designs, or to construct such additional Improvements as Grantor deems advisable in the course MASTER DECLARATION - 15 SAC1ients1526713=oodbridge - Master Declarationvpd of development of the Property so long as any Building Lot in the Property remains unsold. Such right shall include, but shall not be limited to, erecting, constructing and maintaining on the Property such structures and displays as may be reasonably necessary for the conduct of Grantor's business of completing the work and disposing of the same by sales, lease or otherwise. Grantor shall have the right at any time prior to acquisition of title to a Building Lot by a purchaser 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 for 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 Master Association, Recreation Facility Association, Local Association or Design 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 Ada County Recorder's Office. Grantor, in Grantor's sole discretion and in accordance with all applicable City of Meridian zoning laws, may amend and modify the Development Plan. By acceptance of a deed to any property in Woodbridge, each Owner of such property thereby acknowledges and agrees the Development Plan for the Property may be amended, modified or changed in Grantor's sole discretion, so long as the Development Plan is consistent with the City of Meridian's zoning laws. Each Owner by acceptance of a deed to any Building Lot or other property within Woodbridge agrees that such Owner shall not object to or oppose any development of any portion of the Property, or other property owned by Grantor and annexed to the Property. Such agreement not to oppose development is a material consideration to the conveyance of any portion of the Property by Grantor to any and all Owners. No provision of this Master Declaration shall be construed as to prevent or limit Grantor's right to complete development of the Property, including any subdivision or resubdivision of the Property, or 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 Propertyi including the Common Area, Restricted Area or any public right-of- way, nor Grantor's right to post signs incidental to construction, sales or leasing. 4.22 Compliance with Laws. Subject to the rights of reasonable contest, each Owner shall promptly comply with the provisions of all applicable laws, regulations, ordinances and other governmental or quasi -governmental regulations with respect to all or any portion of the Property, including, without limitation, any and all portions of the Property subject to wetlands regulation by the U.S. Army Corps of Engineers. MASTER DECLARATION -16 S:\Clients\5267\3\Woodbridge - Master Declaration.wpd ARTICLE V: MASTER ASSOCIATION 5.1 Organization of MasterAssociation. The Master Association shall be initially organized by Grantor as an Idaho non-profit corporation under the provisions of the Idaho Code relating to general non-profit corporations and shall be charged with the duties and invested with the powers prescribed by law and set forth in the Project Documents. Neither the Articles nor the Bylaws shall be amended or otherwise changed or interpreted so as to be inconsistent with this Master Declaration. Grantor may, in its discretion, grant to the Master Association a revokable, non-exclusive license to use the name "Woodbridge." Each Owner shall abide by and benefit from the provisions, covenants, conditions and restrictions contained in the Project Documents. 5.2 Membership. Each Owner other than Apartment Complex Owners, by virtue of being an Owner and for so long as such ownership is maintained, shall be a Member of the Master Association, and no Owner, except Grantor, shall have more than one membership in the Master Association. Memberships in the Master Association shall be appurtenant to the Phase, Building Lot or other portion of the Property owned by such Owner. The memberships in the Master Association shall not be transferred, pledged, assigned or alienated in any way except upon the transfer of Owner's title and then only to the transferee of such title. Any attempt to make a prohibited membership transfer shall be void and will not be reflected on the books of the Master Association. 5.3 Voting. The Master Association will have three (3) classes of memberships: 5.3.1 Class A Members. Class A Members shall be the Delegates of Local Associations whose Members are designated in a Supplemental Declaration as Members of the Master Association and a Local Association. Each Delegate shall be entitled to one (1) vote for each single-family detached Building Lot and between one-half ('/y) vote and one (1) vote for each Townhome or Condominium Building Lot (as designated in the Supplemental Declaration for Phases in which Townhomes and/or Condominiums are contained therein) owned by the Class C Members represented by such Delegate. 5.3.2 Class B Member. Grantor shall be the Class B Member, and shall be entitled to five (5) votes for each of the approved residential units for Woodbridge or votes, fess five (5) votes for each Building Lot owned by someone other than Grantor. The Class B Member shall cease to be a voting Member in the Master Association at the earlier of: (1) Grantor has or less votes in the Master Association; or (2) on June 1, 2015. MASTER DECLARATION -17 S:1Clients\526713=oodbridge - Master Declarationmpd 5.3.3 Class C Members. The Class C Members shall be all Owners, with the exception of the Grantor and the Delegates. Class C Members shall not be entitled to vote in the Master Association except that Building Lots owned by such Class C Members shall be counted for purposes of determining the number of votes of the Class A Members as specified in Subsection 5.3 1. All voting power in the Master Association shall be exercised by Delegates selected, as provided for in Article VI, and by Grantor, and no Member shall be entitled to cast his or her own vote. The vote, or fractional vote, if applicable, for each Building Lot shall be exercised as the Owners thereof among themselves determine. In the event that joint Owners are unable to agree among themselves as to how their vote or votes shall be cast, they shall lose their right to vote on the matter being put to a vote. When an Owner casts a vote, it will thereafter be presumed conclusive 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 proposed owner, subject to any assignment of the right to vote to a lessee, mortgagee, beneficiary or contract purchaser as provided herein. 5.4 Board of Directors and Officers. The affairs of the Master Association shall be conducted and managed by the 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 shall be comprised of the Master Association Delegates, including Grantor's Delegate. For purposes of voting at Board meetings and for or against Board actions, each Master Association Delegate, including Grantor's Delegate, when acting in their capacity as Board members shall have the same number of votes as enunciated in Section 5.3 above. 5.5 Power and Duties of the Master Association. 5.5.1 Powers. The Master Association shall have all the powers of a non- profit corporation organized under the non-profit 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 Project Documents. The Master Association shall have the power to do any and all lawful things which may be authorized, required or permitted to be done by the Master Association under Idaho law and under the MASTER DECLARATION - 18 S:1C1ientsl5267\3=oodbridge - Master Declarationmpd Project Documents, 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, Restricted Area, Maintenance Property and the Master Association's other assets, including water rights when and if received from Grantor, and the performance of the other responsibilities herein assigned, including without limitation: 5.5.1.1 Assessments. The power to levy Assessments on behalf of itself, any and all Local Associations and the Recreation Facility Association, on any Owner and Association Member, or any portion of the Property as pursuant to the restrictions enunciated in this Master Declaration, and to force payment of such Assessments, all in accordance with the provisions of this Master Declaration. Local Associations and the Recreation Facility Association must levy their Assessments through the Master Association. This power shall include the right of the Master Association to levy Assessments on any Owner of any portion of the Property to cover the operation and maintenance costs of the Common Area, Restricted Area and the Maintenance Property. 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 or Owners who consent thereto, to commence and maintain actions and suits to restrain and enjoin any breach or threatened breach of the Project Documents, and to enforce by injunction or otherwise, all provisions hereof. 5.5.1.3 Delegation of Powers. The authority to delegate its power and duties to committees, officers, employees, or to any Person to act as manager, and to contract with a Local Association for the maintenance, repair, replacement and operation of any Common Area, Restricted Area or Maintenance Property. Neither the Master Association nor the members of its Board shall be liable for any omission or improper exercise by the manager of any such duty or power so delegated. All contracts for management of any Common Area, Restricted Area or Maintenance Property shall be for a term not exceeding one (1) year, and shall be subject to review by the Board upon termination of the Class B membership. 5.5.1.4 Association Rules. The power to adopt, amend and repeal by majority vote of the Board such rules and regulations as the Master Association deems reasonable. The Master Association may govern the use of the Common Area by the Owners, their families, invitees, MASTER DECLARATION - 19 SAC1ients\5267\3\Woodbridge - Master Declarationmpd licensees, lessees or contract purchasers, including, without limitation, the use of Common Area for organized recreational activities; provided, however, that any Association Rules shall apply equally to all Owners and shall not be inconsistent with this Master Declaration, the Articles or the Bylaws. A copy of the Association Rules as they may from time to time be adopted, amended or repealed shall be mailed or otherwise delivered to each Owner. Upon such mailing or delivery, the Association Rules shall have the same force and effect as if they were set forth in and were a part of this Master Declaration. In the event such Association Rules are inconsistent with or less restrictive than any other provisions of this Master Declaration, any Supplemental Declaration, the Articles, Bylaws, and/or Design Guidelines, the provisions of the Association Rules shall be deemed to be superseded by the provisions of this Master Declaration, Supplemental Declaration, the Articles, Bylaws, or Design Guidelines to the extent of any such inconsistency. 5.5.1.5 Emergency Powers. The power, exercised by the Master Association or by any Person authorized by it, to enter upon any portion of the Property (but not inside any building constructed thereon) in the event of any emergency involving illness or potential danger to life or property or when necessary in connection with any maintenance or construction for which the Master Association is responsible. Such entry shall be made with as little inconvenience to the Owner as practicable, and any damage caused thereby shall be repaired by the Master Association. 5.5.1.6 Licenses, Easements and Rights -of -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 and Restricted Area as may be necessary or appropriate for the orderly maintenance, preservation and enjoyment of the same, 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; MASTER DECLARATION - 20 S:\C1ientsZ267\3\Woodbridge - Master Declaraborimpd 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 or quasi -public improvements or facilities; and 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, without limitation, pedestrian and bicycle pathways. The right to grant such licenses, easements and rights-of-way are hereby expressly reserved to the Master Association and may be granted at any time prior to twenty-five (25) years after the death of the issue of the individuals executing this Master Declaration on behalf of Grantor who are in being as of the date hereof. 5.5.2 Duties. In addition to duties necessary and proper to carry out the power delegated to the Master Association by the Project Documents, without limiting the generality thereof, the Master Association or its agents, if any, shall have the authority and the obligation to conduct all business affairs of the Master Association and to perform, without limitation, each of the following duties: 5.5.2.1 Operation and Maintenance of Common Area. Operate, maintain, and otherwise manage or provide for the operation, maintenance and management of the Common Area, including the repair and replacement of property damaged or destroyed by casualty loss and including the maintenance, repair and replacement of street lights, and including any signs placed at the entrances to, or otherwise in the vicinity of the Property. All Waterways shall be maintained in accordance with sound hydrological principles, with particular attention to the protection and husbandry of the wildlife habitat. The Master Association shall, at Grantor's sole discretion, operate and maintain all properties owned by Grantor which are designated by Grantor for temporary or permanent use by Members of the Master Association; 5.5.2.2 Operation and Maintenance of Restricted Area. Operate, maintain, and otherwise manage or provide for the operation, maintenance and management of the Restricted Area, including, without limitation, all public storm drainage pipes located on and through the MASTER DECLARATION - 21 S:\Clients\526713\Woodbridge - Master Declarationmpd Building Lots, the street lights located along South Surprise Way, and the repair and replacement of property damaged or destroyed by casualty loss. Notwithstanding that the Master Association is obligated to maintain the public storm drainage pipes located on and through the Building Lots, it is hereby provided that the Ada County Highway District ("ACHD") may elect to maintain any part of said storm drainage pipes should the Master Association fail to maintain same. In the event that ACHD determines, in its sole discretion, that the Master Association is not adequately maintaining these pipes, ACHD shall, before undertaking maintenance of same, provide written notice of its intention to begin maintenance of the storm drainage pipes within a thirty (30) day period, within which time frame the Master Association may undertake to initiate and conclude all maintenance defects as identified by ACHD. In the event that the Association shall fail to commence and conclude maintenance identified within the prescribed thirty (30) days, then in that event, ACHD may begin to undertake said maintenance. ACHD is hereby granted an irrevocable license and easement to enter upon any portion of the Property for inspection and maintenance of the storm drainage pipes. Should ACHD engage in maintenance of these pipes after having provided notice to the Master Association and having provided the Master Association an opportunity to undertake said maintenance, ACHD shall be entitled to and empowered to file a ratable lien against all Building Lots with. power of sale as to and every Building Lot to secure payment of any and all assessments levied against any and all said Building Lots pursuant to this Master Declaration, together with interest at the rate which accrues on judgements thereon and all costs of collection which may be paid or incurred by ACHD in connection therein. ACHD may exercise their rights under Idaho Code by assessing the Building Lot Owners and certifying those assessments in the manner as real property tax. This action shall not be amended without prior written approval from ACHD. The Master Association shall not be dissolved or relieved of its responsibility to maintain the defined storm drainage pipes without prior written approval from ACHD. The Master Association and all Owners by accepting title to a Building Lot agree that all Owners or Occupants within the Property are benefitted Owners for purposes of this Subsection 5.5.2.2; MASTER DECLARATION - 22 S:\C1ients\5267\3\Woodbridge - Master Declarationmpd 5.5.2.3 Operation and Maintenance of Maintenance Property. Operate, maintain, and otherwise manage or provide for the operation, maintenance and management of the any Maintenance Property the Master Association, in its sole discretion, has decided to operate and/or maintain due to the benefits flowing through to the Owners and Members, including, without limitation, any signs, benches, lights, trails, or parks. The rights and duties enunciated in this Subsection 5.5.2.3 shall include the right to levy Assessments on Owners as provided in Subsection 5.5.1.1; 5.5.2.4 Reserve Account. Establish and fund a reserve account with a reputable banking institution or savings and loan association or title insurance company authorized to do business in the State of Idaho, which reserve account shall be dedicated to the costs of repair, replacement, maintenance and improvement of the Common Area, Restricted Area and Maintenance Property; 5.5.2.5 Maintenance of Berms, Retaining Walls and Fences. Maintain any berms, retaining walls, fences, and water amenities within and abutting any Common Area, Restricted Area and Maintenance Property, 5.5.2.6 Maintenance of the Irrigation System. The operation and maintenance of the irrigation system contemplated for the Property shall be operated and maintained by the Master Association, if and when Grantor, at Grantor's sole option, transfers and conveys said system to the Master Association; 5.5.2.7 Taxes and Assessments. Pay all real and personal property taxes and Assessments separately levied against the Common Area, Restricted Area or against the Property, the Master Association, any Local Association and/or any other property owned by the Master Association. Such taxes and Assessments may be contested or compromised by the Master Association, provided, however, that such taxes and Assessments are paid or a bond insuring payment is posted prior to the sale or disposition of any property to satisfy the payment of such taxes and Assessments. In addition, the Master Association shall pay all other federal, state and/or local taxes, including income or corporate taxes levied against the Master Association and any Local Association in the event that the Master Association or any Local Association is denied the status of a tax exempt corporation; MASTER DECLARATION - 23 S:\Clients\5267\3\Woodbridge - Master Declaration.wpd 5.5.2.8 Water and Other Utilities. Acquire, provide and/or pay for water, sewer, garbage disposal, refuse and rubbish collection, electrical, telephone and gas and other necessary services for the Common Area, and to own and/or manage for the benefit of Woodbridge all water rights and rights to receive water held by the Master Association, whether such rights are evidenced by license, permit, claim, decree, stock ownership or otherwise; 5.5.2.9 Insurance. Obtain insurance from reputable insurance companies authorized to do business in the State of Idaho, and maintain in effect any insurance policy the Board deems necessary or advisable, and to the extent possible to obtain, including, without limitation the following policies of insurance: 5.5.2.9.1 Fire insurance including those risks embraced by coverage of the type known as the broad form "All Risk" or special extended coverage endorsement on a blanket agreed amount basis for the full insurable replacement value of all Improvements, equipment and fixtures located within the Common Area and Restricted Area; 5.5.2.9.2 Comprehensive public liability insurance insuring the Board, the Master Association, Grantor, and the individual grantees, tenants, agents and employees, invitees and guests of each of the foregoing against any liability incident to the ownership and/or use of the Common Area, Restricted Area and Maintenance Property. Limits on 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; 5.5.2.9.3 Full coverage directors' and officers' liability insurance with a limit of at least Two Hundred Fifty Thousand Dollars ($250,000); 5.5.2.9.4 Such insurance as required by Section 17.3(n) herein; 5.5.2.9.5 Such other insurance, including motor vehicle insurance and worker's compensation insurance, to the extent necessary to comply with all applicable laws and indemnity, MASTER DECLARATION - 24 S:\C1ients\5267\3\Woodbridge - Master Declarationmpd faithful performance, fidelity and other bonds as the Board shall deem necessary or required to carry out the Master Association functions or to insure the Master Association against any loss from malfeasance or dishonesty of any employee or other Person charged with the management or possession of any Master Association funds or other property; 5.5.2.9.6 The Master Association shall be deemed trustee of the interests of all Owners in connection with any insurance proceeds paid to the Master Association under such policies, and shall have full power to receive such Owner's interests in such proceeds and to deal therewith; and 5.5.2.9.7 Insurance premiums for the above insurance coverage shall be deemed a common expense to be included in the Regular Assessments levied by the Master Association. 5.5.2.10 Rule Making. Make, establish, promulgate, amend and repeal such Association Rules as the Board shall deem advisable; 5.5.2.11 Newsletter. If it so elects, prepare and distribute a newsletter on matters of general interest to Master Association Members, the cost of which shall be included in Regular Assessments; 5.5.2.12 Desiqn Committee. Appoint and remove members of the Design Committee, subject to the provisions of this Master Declaration; and 5.5.2.13 Enforcement of Restrictions and Rules. Perform such other acts, whether or not expressly authorized by this Master Declaration, as may be reasonably advisable or necessary to enforce any of the provisions of the Project Documents and any and all laws, ordinances, rules and regulations of the City of Meridian and Ada County. Also including, without limitation, the recordation of any claim of lien with the Ada County Recorder's Office, as more fully provided herein. 5.6 Annual Meetinq. The Master Association shall hold an annual meeting each year and the first annual meeting shall be held within the first six (6) months following the close of the first sale of a Building Lot. Subsequent regular annual meetings of the Master Association shall be held as provided in the Bylaws. Special meetings may be called as provided for in the Bylaws. Notice of annual or special meetings of the Master MASTER DECLARATION - 25 S:\C1ients\5267\3\Woodbridge - Master Declarationmpd Association shall be delivered, mailed or faxed to all Delegates and Members and shall be given not less than ten (10) days nor more than thirty (30) days prior to the time of said meeting and shall set forth the place, date and hour of the meeting, and the nature of the business to be undertaken, by the acting chairman of the previous annual meeting, or, in such person's absence, by the acting secretary of the previous annual meeting, or, in both persons' absence, by the Delegates having one-quarter (1/4) of the total voting power within such Master Association. All meetings shall be held within the Property or as close thereto as practicable at a reasonable place selected by the chairman. The presence at any meeting in person or by proxy of Delegates representing more than sixty percent (60%) of the total voting power of the Master Association shall constitute a quorum. If any meeting cannot be held because a quorum is not present, the Delegates present may adjourn the meeting to a time not less than five (5) days nor more than thirty (30) days from the time the original meeting was called, provided that the quorum requirement for such adjournment shall be Delegates representing no less than fifty percent (50%) of the total voting power thereof. The Delegates present at each annual meeting shall select a chairman to preside over meetings and a secretary to transcribe minutes of the meetings, until a successor chairman and/or secretary are selected. All Members of the Master Association are encouraged to attend all annual and special meetings of the Master Association, however, all voting shall be done through the Delegates. 5.7 Budgets and Financial Statements. Financial statements for the Master Association shall be prepared regularly and, upon request, copies shall be distributed to each Member of the Master Association as follows: 5.7.1 A pro forma operating statement or budget representing both the Master Association and applicable Local Association for an Owner, for each fiscal year shall be available for distribution 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. 5.7.2 Within ninety (90) days after the close of each fiscal year, the Master Association shall cause to be prepared and available for delivery to each Owner, a balance sheet as of the last day of the Master Association's fiscal year for the Master Association and applicable Local Association and annual operating statements reflecting the income and expenditures of the Master Association and applicable Local Association for their last fiscal year. Copies of the balance sheet and operating statement shall be available for distribution to each Member within ninety (90) days after the end of each fiscal year. 5.8 Manager. The Master Association may employ or contract for the services of a professional manager or management company, provided that no such employment or contract shall have a term of more than one (1) year, and each such contract shall be MASTER DECLARATION - 26 SAClients15267131Woodbridge - Master Declarationmpd subject to cancellation by the Master Association with or without cause and without payment of a termination fee; provided thirty (30) days or less prior notice is given. The professional manager so employed or contracted with shall not have the authority to make expenditures chargeable against the Master Association except upon specific prior written approval and direction by the Board. The Board shall not be liable for any omission or improper exercise by such a professional manager of any such duty, power or function so delegated by or on behalf of the Board. 5.9 Personal Liability. No Member of the Board, or member of any committee of the Master Association, or any officer of the Master Association, or Grantor, or the manager, if any, shall be personally liable to any Owner, or to any other party, including the Master Association and Local Association, for any damage, loss or prejudice suffered or claimed on the account of any act, omission, error or negligence of the Master Association, the Board, Local Association, Local Association Board, the manager, if any, or any officer, committee, or other representative or employee of the Master Association or Local Association, Grantor, or the Design Committee, 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. ARTICLE VI: LOCAL ASSOCIATIONS 6.1 Creation by Grantor. Grantor may create Local Associations as profit or non-profit corporations under the provisions of the Idaho Code relating to corporations, or Grantor may create such a Local Association as any unincorporated entity which Grantor deems appropriate. Grantor may, in its discretion, create a Local Association by means of a Supplemental Declaration, or create such Association by means of separate instruments, and may, in its discretion, grant to such Local Association a revokable, non- exclusive license to use the name "Woodbridge." 6.2 Members of Local Associations. Where a Local Association is created, the Members thereof shall be all the Owners of Building Lots, including Grantor while it remains an Owner, but excluding Apartment Complex Owners, in the respective Phases designated in the applicable Supplemental Declaration. Memberships may be transferred only as specified in Section 5.2 for the Master Association. Members of a Local Association shall also be Members of the Master Association. 6.3 Voting in Local Associations. Each Local Association shall have two (2) classes of voting memberships: 6.3.1 Class A Members. Class A Members shall be the Owners of Building Lots within a Phase whose Owners are Members in the Local Association, excluding the Grantor, who shall be entitled to one (1) vote for each single-family MASTER DECLARATION - 27 S:1C1ientsZ26713=oodbridge - Master Declarationmpd detached Building Lot and between one-half (1/) vote and one (1) vote for each Townhome or Condominium Building Lot (as designated in all Supplemental Declarations for Phases in which Townhomes and/or Condominiums are contained therein) owned by said Members of the Local Association. 6.3.2 Class B Member. Grantor shall be the Class B Member, and shall be entitled to five (5) votes for each single-family detached, Townhome and Condominium Building Lot owned by Grantor within the Phase whose Owners are Members of the Local Association. The Class B Member shall cease to be a voting Member in the Local Association at the earlier of: 1) the Class B Member holds no more than twenty-five (25%) of the Building Lots within the Phase; or 2) five (5) years from the date the first Building Lot within the Phase is conveyed. 6.4 Selection. Each Local Association representing a Phase shall in writing designate one (1) Delegate to the Master Association and one (1) Delegate to the Recreation Facility Association, if said Local Association contains Members who are also Members of the Recreation Facility Association, to exercise the voting power of all of the Members in such Phase in the manner provided herein. Local Associations may designate the same Person as the Delegate to the Master Association and the Recreation Facility Association. The chairman of any meeting at which a Delegate is elected shall certify in writing to the Board and the Recreation Facility Board the name of the Delegate elected, the time and place of the meeting at which the election occurred and the Local Association which the Delegate represents. A Delegate may be removed without cause by the vote in person or by proxy at any duly constituted annual or special meeting of at least a majority of the Members in the Local Association. Each Delegate will be entitled to cast one (1) vote for each single-family detached Building Lot and between one-half ('/2) vote and one (1) vote for each Townhome and Condominium Building Lot (as designated in all Supplemental Declarations for Phases in which Townhomes and/or Condominiums are contained therein) owned by Members, including Grantor, of the Local Association which the Delegate represents. Only Members of the Association for which the Delegates are selected shall be eligible for election as Delegates of said Local Association. Upon termination of any Delegate's membership in the Association for which he or she is selected, such Delegate's term of office shall immediately terminate, and a new Delegate shall be appointed by the Board or the Recreation Facility Board, as the case may be, until the next annual or special meeting at which a new Delegate can be elected. Each Delegate of the applicable Local Association shall cast the votes which he or she represents in such manner as he or she shall deem appropriate acting on behalf of all of the Members in the Local Association represented by such Delegate, provided, however, that as to any Special Assessment or increase in Regular Assessment, or in the event that at least fifty-one percent (51 %) of the voting membership in any Local Association shall determine at any duly constituted meeting of the Members in such Local Association to instruct their Delegate as to the manner in which he or she is to vote on any issue to be MASTER DECLARATION - 28 SAQents\5267\3\Woodbridge - Master Declarationmpd voted on by the Delegates; then, in either event, the Delegate representing such Local Association shall cast all of the voting power in such Local Association in the same proportion, as nearly as possible without counting fractional votes, as the Members in such Local Association shall have voted "for" and "against" such issue in person or by proxy regardless of the actual number of votes cast at the Local Association meeting. When a Delegate is voting in his or her own discretion without instruction from the Members whom he represents, then such Delegate shall cast all of the votes which he represents as a unit and may not apportion some of such votes in favor of a given proposition and some of such votes in opposition to such proposition. It will be conclusively presumed for all purposes that any Delegate casting votes on behalf of the Members of a Local Association will have acted with the authority and consent of all such Members. All agreements and determinations lawfully made by the Master Association and Recreation Facility Association in accordance with the voting procedures established herein, and the Bylaws, shall be deemed to be binding on all Members, Owners, Grantor, and their respective successors and assigns. Notwithstanding any of the foregoing, the Grantor, as the Class B Member of the Master Association, the Recreation Facility Association, and all Local Associations shall instruct the Grantor's Delegate to cast the Grantor's votes, as Grantor, in its sole and absolute discretion, shall determine. 6.5 Selection of Delegates) for Phases. In the event that there shall not be created a Local Association for the operation of a Phase, excluding Apartment Complex Phases, the Delegates to represent that Phase at the Master Association and the Recreation Facility Association shall be elected by Owners holding a majority of the voting power in the Phase, including Grantor. Said Phase and Delegates shall be treated the same as any other Local Association and its corresponding Delegates as provided for in this Master Declaration, including but not limited to Section 6.4 above. 6.6 Annual Meetings of Local Associations. There shall be an annual meeting of the Members of each Local Association at least ten (10) days but no more than sixty (60) days prior to every annual meeting of the Master Association and Recreation Facility Association. The first meeting of the Members in such Local Association, whether annual or special, shall be held within the first six (6) months following the close of the first sale of a Building Lot within such Phase; provided however, that the first meeting of any Local Association must occur prior to the first annual meeting of the Master Association and Recreation Facility Association. At the first meeting of the Members in such Local Association and at each subsequent annual meeting, such Members shall elect the Delegates to represent them. If a Local Association does not hold its annual meeting prior to the Master Association's and/or Recreation Facility Association's annual meeting and does not elect its Delegates, said Local Association shall not be entitled to vote at the Master Association or Recreation Facility Association annual meeting. Such Delegates MASTER DECLARATION - 29 S:\C1ients\5267\3\Woodbridge - Master Declarationmpd shall continue to be Delegates for one (1) year or until their successors are elected, whichever is later, unless such Delegates are removed by a vote or written consent of a majority of the voting power in such Local Association. Such meeting shall be held on the Phase or at such other convenient location in or near the Phase as may be designated in the notice of such meeting. Written notice of the time, place and purpose of each annual meeting shall be sent to each Member within the Local Association no later than ten (10) days prior to the meeting by the acting chairman of the previous annual meeting, or, in such person's absence, by the acting secretary of the previous annual meeting, or, in both persons' absence, by the Members having one-quarter (1/4) of the total voting power within such Local Association. A special meeting of the Members in any Local Association may be called at any reasonable time and place by written notice by the Delegates to the Master Association or the Recreation Facility Association representing the Members in such Local Association, or by the Members in the Local Association having one-quarter (1/4) of the total votes within such Local Association or Phase, and delivered to all other Members not less than ten (10) days prior to the date fixed for such special meeting, specifying the date, time and place thereof and the nature of the business to be undertaken. The presence at any meeting, in person or by written proxy, of the Members entitled to vote at least twenty-five percent (25%) of the total votes within such Local Association shall constitute a quorum. If any meeting cannot be held because a quorum is not present, the Members present, either in person or by proxy, may, as otherwise provided by law, adjourn the meeting to a time not less than five (5) days nor more than thirty (30) days from the time the original meeting was called. The Members present at each meeting shall select a chairman to preside over the meeting and a secretary to transcribe minutes of the meeting. 6.7 Management, Powers Duties and Restrictions. Each Local Association shall be managed by a Board of Directors and officers, and shall have the same powers, duties and restrictions with respect to its Members or the property owned, managed or maintained by it contained in Section 5.5, including, without limitation, requiring Assessments, adopting rules and regulations, including special rules and regulations concerning Rim Lots, granting easements, licenses and rights-of-way, payment of expenses, taxes, utility charges, insurance premiums and the preparation and distribution of budgets and financial statements, except as modified herein or as modified by a Supplemental Declaration; provided, however, that the Board shall delegate all powers and duties which it deems appropriate for the Local Association to endure, and all Local Associations must levy all Assessments by and through the Master Association. Each such Local Association shall certify to the Master Association the amount of such Assessments and charges for collection. The Local Association Board, Members, committee, officers, Grantor, or the manager, if any, shall be free of personal liability as to the Local Association in the same manner as described in Section 5.9 for the Master Association. MASTER DECLARATION - 30 SAC1ients\5267\3\Woodbridge - Master Declaration.wpd ARTICLE VII: RECREATION FACILITY ASSOCIATION 7.1 Creation by Grantor. Grantor shall create the Recreation Facility Association as a profit or non-profit corporation under the provisions of the Idaho relating to corporations, or Grantor may create the Recreation Facility Association as ode unincorporated entity which Grantor deems appropriate.any create the Recreation Facility Association by eas of a Supplementalrantor may, ) Declan its ration, tion, create such Association by means of separate instruments, and may, in its discretion, grant to such Association a revokable, non-exclusive license to use the name 7.2 Members of Recreation Facil4tv Association. Facilit The Recreation Facilit Association Members shall consist of all the Owners designated as Recreation y Association Members in a Supplemental Declaration. Memberships cannot be ter y urinated and may be transferred only in the manner specified in Section 5.2 for the Master Association. The Recreation Facility Association Members shall be entitled to us entire Recreation Facility(ies) and all the amenities contained therein. e of the 7.3 Votin in the Recreation Facility Associati � Association shall have three (3) classes of memberships: The Recreation Facility 7.3.1 Class A. Class A Members shall be the Delegates of Local Associations whose Members are designated in a Supplemental Declaration as Members of the Master Association and a Local Association. Each Delegate shall be entitled to one (1) vote for each single-family detached Building Lot and between one-half ('/) vote and one (1) vote for each Townhome or Condominium Building Lot (as designated in the Supplemental Declaration for Phases in which Townhomes and/or Condominiums are contained therein) owned by the Class Members represented by such Delegate. C 7.3.2 Class B. The Class B Member shall be Grantor, and shall be entitled to five (5) votes for each of the Woodbridge, or votes, less five (5) votes forpved eaoch Building Looy Lot residential b r someone other than Grantor. The Class B Member shall cease to be a votin Member in the Recreation Facility Association at the earlier of: 1 g ( or less votes in the Recreation Facility Association; or (2) on June 1S 2015. 7.3.3 Class C. The Class C Members shall be the Owners of Buildin g he Lots whose Owners are entitled to use the Recreation Facility(ies), exce t fort Grantor and the Delegates, and the Class C Members shall be entitled torso votes MASTER DECLARATION - 31 SAC1ientsl526713\W0odbridge - Master Declarationvpd except that Building Lots owned by the Class C Members who are also Recreation Facility Association Members shall be counted for purposes of determining the number of votes of the Class A Members. All the voting power of the Recreation Facility Association shall be through the Delegates, including Grantor's Delegate, and no Member shall be entitled to cast his or her own vote; provided however, that the Recreation Facility Association Members shall be entitled to direct their respective Delegates how to vote pursuant to Section 6.4. 7.4 Annual Meetings. The Recreation Facility Association shall hold an annual meeting each year and the first annual meeting shall be held within the first six (6) months following the close of the first sale of a Building Lot. Subsequent regular annual meetings of the Recreation Facility Association shall be held as provided in the Bylaws. Special meetings may be called as provided for in the Bylaws. Notice of annual or special meetings of the Recreation Facility Association shall be delivered, mailed or faxed to all Delegates and Members of the Recreation Facility Association and shall be given not less than ten (10) days nor more than thirty (30) days prior to the time of said meeting and shall set forth the place, date and hour of the meeting, and the nature of the business to be undertaken, by the acting chairman of the previous annual meeting, or, in such person's absence, by the acting secretary of the previous annual meeting, or, in both persons' absence, by the Delegates having one-quarter (1/4) of the total voting power within such Recreation Facility Association. All meetings shall be held within the Property or as close thereto as practicable at a reasonable place selected by the chairman. The presence at any meeting in person or by proxy of Delegates representing more than sixty percent (60%) of the total voting power of the Recreation Facility Association shall constitute a quorum. If any meeting cannot be held because a quorum is not present, the Delegates present may adjourn the meeting to a time not less than five (5) days nor more than thirty (30) days from the time the original meeting was called, provided that the quorum requirement for such adjournment shall be Delegates representing no less than fifty percent (50%) of the total voting power thereof. The Delegates present at each annual meeting shall select a chairman to preside over meetings and a secretary to transcribe minutes of the meetings, until a successor chairman and/or secretary are selected. All members of the Recreation Facility Association are encouraged to attend all annual and special meetings of the Recreation Facility Association, however, all voting shall be done through the Delegates. 7.5 Management Powers Duties and Restrictions. The Recreational Facility Association shall be managed by a Board of Directors and officers in the same manner as specified in Section 5.4 for the Master Association, and shall have the same powers, duties and restrictions with respect to the Recreation Facility Association Members or the property owned, managed or maintained by it contained in Section 5.5, including, without limitation, requiring Assessments, adopting rules and regulations, granting easements, MASTER DECLARATION - 32 SAC1ients15267\31Woodbridge - Master Declarationmpd licenses and rights-of-way, payment of expenses, taxes, utility charges, insurance premiums and the preparation and distribution of budgets and financial statements, except as modified herein or as modified by a Supplemental Declaration. The Recreation Facility Association shall levy all Assessments by and through the Master Association. The Recreation Facility Association shall certify to the Master Association the amount of such Assessments and charges for collection. The Recreation Facility Association Board, the Recreation Facility Association Members, committee, officers, Grantor, or the manager, if any, shall be free of personal liability as to the Recreation Facility Association in the same manner as described in Section 5.9 for the Master Association. 7.6 Separate Entity. The Recreation Facility Association is a separate entity. Although all Assessments levied by the Recreation Facility Association shall be levied through the Master Association, and the Person who is Delegate of a Local Association to the Master Association may also be the Delegate to the Recreation Facility Association, this shall not give rise to any control whatsoever, by the Master Association or any Local Association over the Recreation Facility Association. The Recreation Facility Association may, by a majority vote of the total voting power in the Recreation Facility Association, be merged into and with the Master Association, at which time the Master Association shall carry out all the duties and responsibilities enunciated in this Article VII. ARTICLE VIII: RIGHTS TO COMMON AREAS, RESTRICTED AREAS AND MAINTENANCE PROPERTY 8.1 Use of Common Area. Every Owner, other than Apartment Complex Owners and the tenants therein, unless expressly designated by Grantor in a Supplemental Declaration, shall have a right to use each parcel of the Common Area, and Maintenance Property and to the extent permitted by any Supplemental Declaration or other instrument, shall have a right to use each parcel of Local Common Area owned and/or managed by a Local Association of which such Owner is a Member, which right shall be appurtenant to and shall pass with the title to every Building Lot subject to the following provisions: 8.1.1 The right of an Association holding or controlling such Common Area or Maintenance Property to levy and increase Assessments for the construction, protection, maintenance, repair, management and operation of Improvements on the Common Area and Maintenance Property, including the right to Special Assessments; MASTER DECLARATION - 33 SAClients\5267\3\Woodbridge - Master Declarationmpd 8.1.2 The right of an Association to suspend the voting rights and rights of use, or interest in, the Common Area or Maintenance Property 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; 8.1.3 The right of an Association to dedicate or transfer all or any part of the Common Area to any public agency, authority or utility or other Person for such purposes and subject to such conditions as may be permitted by the Project Documents; provided however, that no such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer signed by 2/3rds of the Class B and C- Members has been recorded; 8.1.4 The right of such Association to prohibit the construction of Improvements on all Common Areas or Maintenance Property; 8.1.5 Common Areas may be used by the Public as established from time to time by Grantor on any portion of the Property by describing such area on a recorded Plat, by granting or reserving it in a deed or other instrument, or by designating it as such in this Master Declaration or in any Supplemental Declaration; 8.1.6 Members/Owners shall not be entitled to use those areas established from time to time by Grantor on any portion of the Property as Restricted Area, unless expressly allowed by the Master Association; and 8.1.7 The Common Area cannot be mortgaged or conveyed without the approval of the Owners, excluding the Grantor, of at least two-thirds (2/3) of the total voting power in the Master Association as cast by the Delegates. If ingress or egress to any Building Lot is through the Common Area, any conveyance or encumbrance of the Common Area shall be subject to an easement of the Owners of such Building Lots for the purpose of ingress and egress. 8.2 Designation of Common Area, Restricted Area and Maintenance Property. Grantor shall designate and reserve Common Area, Restricted Area, Local Common Area and Maintenance Property in the Master Declaration, Supplemental Declarations and/or recorded Plats, deeds or other instruments. 8.3 Delegation of Right to Use. Any Owner may delegate, in accordance with the Project Documents, such Owner's right of enjoyment to the Common Area or the Local 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 MASTER DECLARATION - 34 S:\C1ients\5267\3\Woodbridge - Master Declarationmpd an Association shall have the right to delegate the right of enjoyment to the Common Area or the Local Common Area, to the general public, and such delegation to the general public shall be for a fee set by Grantor or an Association. 8.4 Damages. Each Owner shall be fully liable for any damage to any Common Area, Restricted Area or Maintenance Property 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 IX: ASSESSMENTS 9.1 Covenant to Pay Assessments. By acceptance of a deed to any Building Lot, each Owner of such Building Lot other than Apartment Complex Owners, thereby covenants and agrees to pay when due all Assessments or charges made by the Master Association, Recreation Facility Association and/or a Local Association, including all Regular, Special and Limited Assessments and charges made against such Owner pursuant to the provisions of this Master Declaration, any Supplemental Declaration or other applicable Project Document. 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 or she remains an Owner. 9.2 Uniform Rate of Assessment. All Assessments must be fixed at a uniform rate for each type of Building Lot, but the basis and rate of Assessments for each type of use may be varied as provided below: Building Lots shall be assessed on the basis appropriate for each type of such use which types may be based upon classification including, without limitation, single - MASTER DECLARATION - 35 S:\C1ients\5267\3\Woodbridge - Master Dedarationmpd family detached dwellings, Townhomes and Condominiums as determined by the Board from time to time; provided however, that the Recreation Facility Association Assessments shall be uniform for all Members thereof. The rate of Assessment levied against Building Lots within the various Phases may be varied based upon the Board's sole and exclusive determination that any specific item in the applicable Association's budget may more directly benefit a certain Phase of the Property in excess of its proportionate share, or that the applicable Association has provided services to such Phase in excess of those to other Phases within the Property, provided, however, that such rate of Assessment shall be uniform, and proportionate to the use within each Phase. 9.3 Regular Assessments. All Owners are obligated to pay Regular Assessments to the treasurer of the Master Association on a schedule of payments established by the Board. The Master Association shall then pay to the Recreation Facility Association and any Local Association its Assessments levied by and through the Master Association. 9.3.1 Purpose of Regular Assessments. The proceeds from Regular Assessments are to be used to pay for all costs and expenses incurred by the applicable Recreation Facility Association, Local Association and/or Master 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, Restricted Areas and Maintenance Property, including all Improvements located on such areas owned and/or managed and maintained by the Associations (the "Operating Expenses"), and an amount allocated to an adequate reserve fund to be used for repair, replacement, maintenance and improvement of those elements of the Common Area, Restricted Area and Maintenance Property, or other property of the Associations that must be replaced and maintained on a regular basis (the "Repair Expenses"). The Operating Expenses and the Repair Expenses are collectively referred to herein as the "Expenses." 9.3.2 Computation of Regular Assessments, An Association shall compute the amount of its Expenses on an annual basis. The board of an Association shall compute and levy the amount of Regular Assessments owed by its Members for the first fiscal year within six (6) months following the month in which the closing of the first sale of a Building Lot occurs in the Property for the purposes of the Master Association's, Recreation Facility Association's, and any Local Associations' Regular Assessment ("Initiation Date"). Thereafter, the computation of Regular Assessments by an Association shall take place not less than thirty (30) nor more than sixty (60) days before the beginning of each fiscal MASTER DECLARATION - 36 S:\CIients\5267\3\Woodbridge - Master Declaration.wpd year of an Association. The computation of the Regular Assessment for the period from the Initiation Date until the beginning of the next fiscal year shall be reduced by an amount which fairly reflects the fact that such period was less than one (1) year. 9.3.3 Amounts Paid by Owners. The Board can require, in its discretion or as provided in the Project Documents, payment of Regular Assessments to an Association in monthly, quarterly, semi-annual or annual installments. Regardless of the installment schedule adopted by the Board, the Board may bill for Assessments monthly, quarterly, semi-annually or annually, at its sole discretion. The Regular Assessment to be paid by any particular Owner for any given fiscal year shall be computed as follows: 9.3.3.1 As to the Master Association's Regular Assessment, each Owner, except for the Grantor, as provided further in Subsection 9.3.3.4 below, shall be assessed and shall pay an amount computed by multiplying the Master 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; 9.3.3.2 As to any Local Association, each Owner who is also a Member of such Local Association, except for the Grantor, as provided further in Subsection 9.3.3.4 below, shall be assessed and shall pay an amount computed by multiplying such Local Association's total advance estimate of Expenses by the fraction produced by dividing the number of Building Lots in such Local Association attributable to such Owner by the total number of Building Lots in such Local Association, 9.3.3.3 As to the Recreation Facility Association, each Owner who is also a Member of such Association, except for the Grantor, as provided further in Subsection 9.3.3.4 below, shall be assessed and shall pay an amount computed by multiplying such Recreation Facility Association's total advance estimate of Expenses by the fraction produced by dividing the number of Building Lots Owned by a Recreation Facility Association Member by the total number of Building Lots Owned by all Recreation Facility Association Members; and 9.3.3.4 For two (2) years following the date assessments for any Phase are assessed against the Owners of Building Lots in such Phase, Grantor shall not be assessed any Regular Assessments for each Building Lot in such Phase of which Grantor is an Owner. However, during such two (2) year period, Grantor shall pay an amount equal to the MASTER DECLARATION - 37 S:\C1ients\5267\3\Woodbridge - Master Declarationmpd Operating Expenses shortfall of the applicable Association for each Phase (the "Shortfall Payment"), which Shortfall Payment shall be an amount less than or equal to the Regular Assessments multiplied by the total number of Building Lots in such Phase owned by Grantor on the date Regular Assessments are assessed against the Owners of Building Lots in such Phase. Grantor's Shortfall Payment in connection with such Phase shall end two (2) years after the date assessments in such Phase begin. Thereafter, Grantor shall be assessed Regular Assessments for each Building Lot in such Phase of which Grantor is an Owner. 9.4 Special Assessments. 9.4.1 Purpose and Procedure. In the event that the board of an Association shall determine that its respective Regular Assessment for a given calendar year is or will be inadequate to meet the Expenses of such Association for any reason, including, without limitation, costs of construction, improvement, protection, maintenance, repair, management and operation of Improvements upon the Common Area, Restricted Area or Maintenance Property, 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. The board of an Association shall, in its discretion, determine the schedule under which such Special Assessment will be paid. 9.4.2 Consistent Basis of Assessment. Every Special Assessment levied by and for an Association shall be levied and paid upon the same basis as that prescribed for the levying and payment of Regular Assessments for such Association. 9.5 Limited Assessments. Notwithstanding the above provisions with respect to Regular and Special Assessments, a board of an Association 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 Project Documents or for damage caused by the Owner, or any of his or her family, representatives or invitees, to any Common Area, Restricted Area, Maintenance Property or any other portion of the Property. MASTER DECLARATION - 38 S:\C1ients\5267\3\Woodbridge - Master Declarationmpd 9.6 Assessment Period. Unless otherwise provided in the Project Documents, the Assessment period for all Associations, including the Recreation Facility Association, shall be determined by the Board. The first Assessment shall be pro -rated according to the number of months remaining in the fiscal year and shall be payable in equal installments. 9.7 Notice and Assessment Due Date. Thirty (30) 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 by the Master Association. The Master Association shall determine if payments for all Assessments shall be due monthly, quarterly, semi-annually or annually. The Assessment installment schedule shall be the same for all Association Assessments, including the Recreation Facility Association Assessments. 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 may accrue, solely at the Board's discretion, with each delinquent installment payment a late charge equal to ten percent (10%) of the delinquent installment. In addition, each installment payment which is delinquent for more than twenty (20) days may accrue, at the Board's uniform discretion, interest at eighteen percent (18%) per annum calculated the date of delinquency to and including the date full payment is received by the Master Association. The Master 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 be exempt from such liability by a waiver of the use and enjoyment of the Common Area, or by lease or abandonment of such Owner's Building Lot. 9.8 Estoppel Certificate. The Master 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 Master Association, a particular Owner is in default under the provisions of this Master Declaration, and further stating the dates to which any Assessments have been paid by the Owner. Any such certificate delivered pursuant to this Article IX 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 the Project Documents, written notice of any meeting called for the purpose of levying a Special Assessment by an Association, or for the purpose of obtaining a membership vote in connection with an increase in the Regular Assessment MASTER DECLARATION - 39 S:\CIients\5267\3\Woodbridge - Master Declarationmpd shall be sent to all Members of an Association and to any Person in possession of a Building Lot in the applicable Phase, not less than fifteen (15) days nor more than thirty (30) days before such meeting. At the first such meeting called, the presence of Members or of proxies entitled to cast sixty percent (60%) of the total votes of the Association shall constitute a quorum. If such quorum is not present, subsequent meetings may be called subject to the same notice requirement, and the required quorum at the subsequent meetings shall be fifty percent (50%) of the quorum required at the preceding meeting. No such subsequent meeting shall be held more than thirty (30) days following the preceding meeting. ARTICLE X: ENFORCEMENT OF ASSESSMENTS; LIENS 10.1 Right to Enforce. The Master Association has the right to collect and enforce its Assessments and the Assessments made by the Recreation Facility Association and any Local Association which are certified to the Master Association created hereby and pursuant to the provisions hereof. Each Owner of a Building Lot, upon becoming an Owner of such Building Lot, shall be deemed to covenant and agree to pay each and every Assessment provided for in this Master Declaration and agrees to the enforcement of all Assessments in the manner herein specified. In the event an attorney or attorneys are employed for the collection of any Assessment, whether by suit or otherwise, or to enforce compliance with or specific performance of the terms and conditions of this Master Declaration, each Owner agrees to pay reasonable attorney's fees in addition to any other relief or remedy obtained against such Owner. The Board or its authorized representative may enforce the obligations of the Owners to pay such Assessments by commencement and maintenance of a suit at law or in equity 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 on each and every Building Lot to secure payment of any and all Assessments levied against such Building Lot pursuant to this Master Declaration together with interest thereon at the maximum rate permitted by law and all costs of collection which may be paid or incurred by the Master Association making the Assessment in connection therewith, including reasonable attorneys' fees. All sums assessed in accordance with the provisions of this Master Declaration shall constitute a lien on such respective Building Lots upon recordation of a claim of lien with the Ada County Recorder's Office. 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 MASTER DECLARATION -40 5:1Clients\5267\3\Woodbridge - Master Declarabonmpd 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 Master Association may cause to be recorded in the Ada County Recorder's Office a claim of lien. The claim of lien shall state the amount of such delinquent sums and other authorized charges (including the cost of recording such notice), a sufficient description of the Building Lot(s) against which the same have been assessed, and the name of the record Owner thereof. Each delinquency shall constitute a separate basis for a notice and claim offien, but any number of defaults may be included within a single notice and claim of lien. Upon payment to the Master Association of such delinquent sums and charges in connection therewith or other satisfaction thereof, the Master Association shall cause to be recorded a further notice stating the satisfaction of relief of such delinquent sums and charges. The Master Association may demand and receive the cost of preparing and recording such release before recording the same. 10.3 Method of Foreclosure. Such lien shall be foreclosed by appropriate action in court. 10.4 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 this Article X, with respect to a first mortgagee who acquires title to a Building Lot, the sale or transfer of any Building Lot shall not affect the Assessment lien provided for herein, nor the creation thereof by the recordation of a claim of lien, on account of the Assessments becoming due whether before, on, or after the date of such sale or transfer, nor shall such sale or transfer diminish or defeat the personal obligation of any Owner for delinquent Assessments as provided for in this Master Declaration. 10.5 Rights of Mortgagees. Notwithstanding any other provision of this Master Declaration, no amendment of this Master Declaration shall operate to defeat the rights of the beneficiary under any deed of trust or a mortgage upon a Building Lot made in good faith and for value, and recorded prior to the recordation of such amendment, provided that after the foreclosure of any such deed of trust such Building Lot shall remain subject to this Master Declaration as amended. MASTER DECLARATION -41 5:\C1ients\5267\3\Woodbridge - Master Declarationmpd ARTICLE XI: INSPECTION OF AN 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 any Association shall be made available for inspection and copying by any Member of said 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 registerforthe purposes of solicitation of or direct mailing to any Member of said Association. 11.2 Rules Regarding Inspection of Books and Records. The board of an Association shall establish reasonable rules with respect to: notice to be given to the custodians of the records by the Persons desiring to make the inspection; hours and days of the week when such an inspection may be made; and payment of the cost of reproducing copies of documents requested pursuant to this Article XI. 11.3 Director's Rights of Inspection. Every director of the board of an Association shall have the absolute right at any reasonable time to inspect all books, records and documents of such 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: DESIGN COMMITTEE 12.1 Creation; Grantor's Right of Appointment. Within thirty (30) days of the date on which Grantor first conveys a Building Lot to an Owner, Grantor shall appoint five (5) individuals to serve on the Woodbridge design committee (the "Design Committee"). Thereafter, at any time, and from time to time, until such time as the Class B Membership is terminated, Grantor shall have the exclusive right, in Grantor's sole discretion, to appoint, remove and replace all members of the Design Committee. At all other times, the Board shall have the right to appoint, remove and replace all members of the Design Committee. A Local Association shall not establish a design committee. If a vacancy on the Design 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. A member of the Design Committee need not be an Owner. Members of the Design Committee may be removed by the Person appointing them at any time without cause. Pursuant to Section 12.3 below, the Design Committee shall review, study, and either approve or reject the proposed Improvements on the Property, all in compliance with the Master Declaration, any Supplemental Declaration, and the Design Guidelines. The actions of the Design MASTER DECLARATION -42 S:\Clients\5267\3\Woodbridge - Master Declaration.wpd Committee in the exercise of its discretion by its approval or disapproval of the proposed Improvements on the Property, or with respect to any other matter before it, shall be conclusive and binding on all interested parties. 12.2 Appointment of Design Committee Representative. The Design Committee may appoint in writing one (1) of its members to act as its designated representative (the "Committee Representative"). The Committee Representative may be delegated all duties and obligations of the Design Committee. In the event a Committee Representative is appointed, it is intended that the Design Committee shall look to the Committee Representative to perform all functions of the Design Committee; provided however, the Design Committee shall make all final determinations and decisions regarding all Design Committee duties and obligations. Any action or decision made by three (3) members of the Design Committee shall be a binding decision of the entire Design Committee. 12.3 Improvements Generally. The Design Committee shall draft the Design Guidelines for the construction and reconstruction of all Improvements on the Property. No Improvements on any portion of the Property shall be constructed, reconstructed, placed or removed from the Property without prior written consent of the Design Committee, and without being in compliance with the Project Documents and the Design Guidelines. The Design Guidelines shall be used and drafted by the Design Committee to ensure that all Improvements conform and harmonize as to external design, quality and type of construction, architectural character, materials, color, location on the Building Envelope, height, grade and finish ground elevation, natural conditions, landscaping and all aesthetic considerations, including guidelines designed to protect the special qualities of Woodbridge, and to encourage creative design, by providing general architectural, design and construction guidelines (including Building Envelope guidelines), landscape guidelines (including a description of existing, natural conditions and vegetation), submittal and review procedures, and fees and charges for review. The Design Guidelines shall be drafted to conform to this Master Declaration, the Articles and Bylaws, and must be approved by the Board prior to implementation. In the event of a conflict between the Design Guidelines and this Master Declaration, any Supplemental Declaration, the Articles and the Bylaws, this Master Declaration, the Supplemental Declaration, the Articles or Bylaws, as the case may be, shall govern. The content of the Design Guidelines may be modified and amended from time to time as provided in the Design Guidelines, and in all events can be modified and changed by a majority vote of the Board. Nothing contained in this Article XII limits any Owner's obligation and duty to ensure that his or her Building Lot development is in compliance with this Master Declaration, any Supplemental Declaration, the Design Guidelines, any other Project Documents or applicable city and state laws. MASTER DECLARATION -43 S:\C1ients\5267\3\Woodbridge - Master Dedara6onmpd 12.4 Solar Access Compliance. The construction, reconstruction, repair, replacement and maintenance of any and all Improvements to any Building Lot shall comply with the following solar access covenants, conditions and restrictions: 12.4.1 Shade Restriction: Each Building Lot which is classified as a Shade Restricted Lot shall have the following restrictions: Any structure or Restricted Vegetation (solar unfriendly) cannot cast a shadow higher than an imaginary fence 11.5 feet above the Solar Lot Line on solar noon on January 21 st when the sun is at an angle of 26 degrees above the horizon. This sun angle at noon on January 21 causes structures, vegetation, and other objects to cast a shadow twice as long as their height. The height of the Shade Point of a structure on the Shade Restricted Lot is limited to 19 feet at the 15 foot rear yard zoning setback in order that the 11.5 foot high "solar fence" at the north property line of the Shade Restricted Lot is not exceeded. These standards assure that a structure built to the 15 foot rear yard zoning setback, on the Solar Loi located to the north, will not be shaded more than 4 feet on its south wall on January 21 at solar noon. 12.4.2 Pre -Existing Vegetation: Restricted Vegetation (solar unfriendly), which existed when the Property was platted is exempt from the provisions of these covenants, conditions and restrictions. Any Building Lot which would be shaded beyond the allowed Shade limit by such vegetation shall not be classified as a Solar Lot. 12.4.3 Slope Exemption: Any Building Lotwith an average finished grade slope along the north -south lot dimension greater than ten (10) percent shall be exempt from the terms and conditions of these covenants, conditions, and restrictions. 12.4.4 Solar Setbacks: Each separate structure and item of Restricted Vegetation shall have a Solar Setback dependent on and calculated by its Shade Point Height. All Shade Restricted Lots shall have the following Solar Setback: Solar Setback (in feet) = [Shade Point Height (in feet) -11.5"] x 2. Table 1 below shows a few examples of Solar Setbacks for given Shade Point Heights: TABLE 1 SOLAR SETBACKS REQUIRED FOR A GIVEN SHADE POINT HEIGHT. Shade Point Height Solar Setback 10' 0' 15' 7' 20' 17' 25' 27' 30' 37' MASTER DECLARATION - 44 S:\C1ientsZ267\3\Woodbridge - Master Declarationmpd 12.4.5 SolarAccess Rights: The Owner(s) of Solar Lots shall have a right to unobstructed solar access in accordance with these covenants, conditions and restrictions. 12.4.6 Solar Access Duties: The Owner(s) of any Solar Lot shall not build, install, or otherwise allow a structure or non -Solar Friendly Vegetation on that Solar Lot to cast more Shade at their Solar Lot Line than permitted under these solar access covenants, conditions, and restrictions. 12.5 Expenses. All expenses of the Design Committee shall be paid by the Master Association. The Design Committee shall have the right to charge a fee for each application submitted to it for review in an amount which may be established by the Design Committee from time to time and such fees shall be collected by the Design Committee and remitted to the Master Association to help defray the expenses of the Design Committee's operation, including reasonable payment to each member of the Design Committee for their services as provided herein. The Design Committee fee shall be not less than $250.00 and not more than $1,500.00; provided however, that in the event the Design Committee is reviewing maintenance or remodeling Improvements to any Building Lot, the Design Committee shall be able to reduce the Design Committee review fee to a reasonable amount. 12.6 Non -Liability of Design Committee Members. Approval by the Design Committee does not assure approval of the Improvements by any appropriate governmental or quasi -governmental agency, board or commission. Notwithstanding that the Design Committee has approved Improvements, plans and specifications, neither the Design Committee nor any of its members shall be responsible or liable to any Association or to any Person, Owner, or Grantor with respect to any loss, liability, claim or expense which may arise by reason of such approval of the Improvements, unless due to the willful misconduct or bad faith of the Design Committee. Neither the Board, Design Committee or any agent thereof nor Grantor or any of its partners, employees, agents or consultants shall be responsible in any way for any defects in any plans or specifications submitted, revised or approved in accordance with the provisions of the Project Documents, nor for any structural or other defects in any work done according to such plans and specifications. In any and all events, the Design Committee shall be defended, indemnified and held harmless by the Master Association in any such suit or proceeding which may arise by reason of the Design Committee's decision. The Master Association, however, shall not be obligated to defend, indemnify and hold harmless any member of the Design Committee to the extent any such member of the Design Committee shall be adjudged to be liable for willful misconduct or bad faith in the performance of such member's duty as a member of the Design Committee, unless and only to the extent that the court in which such action or suit may be brought shall determine that, despite the MASTER DECLARATION -45 S:\C1ientsZ267\3\Woodbridge - Master Declarationmpd adjudication of liability, but in view of all circumstances of the case, such member is fairly and reasonably entitled to indemnification and defense for such expense if such court shall deem it proper. 12.7 Variances. The Design Committee may authorize variances from compliance with any of the Design Guidelines, 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. Such variances must be evidenced in writing, must be signed by at least two (2) members of the Design Committee. If such variances are granted, no violation of the covenants, conditions and restrictions contained in this Master Declaration, any Supplemental Declaration orthe Design Guidelines shall be deemed to have occurred with respect to the matter for which the variance was granted. The granting of such a variance shall not operate to waive any of the terms and provisions of this Master Declaration, any Supplemental Declaration or the Design Guidelines for any purpose except as to the particular property and particular provision hereof covered by the variance, nor shall it affect in any way the Owner's obligation to comply with all governmental laws and regulations affecting his or her use of the Property, including but not limited to zoning ordinances and lot set -back lines or requirements imposed by any governmental or municipal authority. 12.8 Grantor's Exemption. Any and all Improvements constructed by Grantor on or to the Property are not subject to review and approval by the Design Committee. ARTICLE XIII: EASEMENTS 13.1 Owners: Easements of Enjoyment. Every Owner shall have a nonexclusive easement for the use and enjoyment of the Common Area which shall be appurtenant to and shall pass with the title to every Building Lot, subject to the easements set forth in this Master Declaration, as supplemented and amended from time to time. 13.2 Delegation of Use. Any Owner may delegate, in accordance with the Project Documents, such Owner's right of enjoyment in the Common Area, to such Owner's tenants, employees, family, guests or invitees. 13.3 Recorded Easements. The Property, and all portions thereof, shall be subject to all easements shown on any recorded Plat affecting the Property, or any portion thereof, and to any other easements of record or of use as of the date of recordation of this Master Declaration, as supplemented and amended from time to time. MASTER DECLARATION -46 S:\C1ients\5267\3\Woodbridge - Master Declarationmpd 13.4 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 or Restricted Area adjacent thereto, or as between adjacent Building Lots; due to the unwillful placement or settling or shifting of the Improvements including, without limitation, structures, walkways, bike paths, sidewalks and driveways constructed, reconstructed or altered thereon in accordance with the terms of this Master Declaration. Easements of encroachment shall be valid only so long as they exist, and the rights and obligations of Owners shall not be altered in anyway 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 or bad faith act(s) 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 within and over adjoining Building Lots that existed prior to the encroachment may be reconstructed pursuant to the easement granted by this Section 13.4. 13.5 Party Walls. Building Lots may include Party Walls. To the extent any Party Wall exists, there is hereby created a common reciprocal easement for the location of such Party Wall. Each Owner shall have the right to use the surface of any Party Wall contained within the interior of the Owner's Building Lot, provided that an Owner shall not drive, place or cause to be driven or placed any nail, bolt, screw or other object into a Party Wall which penetrates a Party Wall equal to or greater than the Party Walls' width. The Owner shall respectively own to the centerline of any Party Wall. The cost of reasonable repair and maintenance of a Party Wall shall be shared equally by the Owners of such Party Wall. Such Party Wall shall be maintained in good condition by the Owners thereof, free of structural defects and using reasonable care to avoid injury to the adjoining property. Notwithstanding any other provisions in this Section 13.5, an Owner who by negligent or wilful act(s) causes a Party Wall to be damaged and/or exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements and/or repair to such Party Wall. If such Party Wall is destroyed or damaged by fire or other casualty, either Owner may restore such Party Wall and the other Owner shall contribute one-half (1/) of the cost of such restoration. This right of contribution shall be without prejudice to any right to call for a larger contribution under any rule of law regarding liability for negligent or wilful acts or omissions. 13.6 Easements of Access. Grantor expressly reserves for the benefit of all the Property reciprocal easements of 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, Common Areas and Restricted Areas resulting from the normal use of adjoining Building Lots, Common Areas or Restricted Areas, and for necessary maintenance and repair of any Improvement including, without limitation, fencing, retaining walls, lighting facilities, mailboxes and sidewalk abutments, trees and landscaping. Such easements may be used by Grantor, and by all Owners, their MASTER DECLARATION - 47 S:\C1ients\5267\3=oodbridge - Master Declaration.wpd 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. 13.7 Drainage and Utility Easements. Notwithstanding anything expressly or impliedly contained herein to the contrary, this Master Declaration shall be subject to all easements heretofore or hereafter granted by Grantorfor 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 Phase, as appropriate, to utility companies and public agencies as necessary or expedient for the proper development of the Propeliy until close of escrow for the sale of the last Building Lot in the Property. 13.7.1 Improvement of Drainage and Utility Easement Areas. The Owners of Building Lots are hereby restricted and enjoined from constructing or altering any Improvements upon any drainage or utility easement areas as shown on the Plat(s) or otherwise designated in any recorded document which would interfere with or prevent the easement from being used for its intended purpose; provided, however that any Owner, Association, designated Person or the Grantor having an interest in the landscaping easement described in this Article XIII, shall be entitled to install and maintain landscaping on such easement areas, subject to approval by the Design Committee, so long as the same would not interfere with or prevent the easement areas from being used for their intended purposes; provided further, 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 where Improvements were so damaged, or in the event the easement area where Improvements were so damaged is located in a Common Area, Restricted Area or Local Common Area, the Master Association or Local Association, as the case may be, shall be responsible for the damage sustained and may impose a Special Assessment therefore. 13.8 Rights and Duties Concerning Utility Easements. The rights and duties of the Owners of the Building Lots within the Property with respect to utilities shall be governed by the following: 13.8.1 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 MASTER DECLARATION - 48 S:\Clients\5267\3\Woodbridge - Master Declaration.wpd 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; and 13.8.2 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. 13.9 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 and maintain such driveway. 13.10 Disputes as to Sharing of Costs. In the event of a dispute between Owners with respect to the repair, replacement or maintenance of any Improvement, party wall, 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 applicable Association, the matter shall be submitted to the board of such Association which shall decide the dispute and, if appropriate, make an appropriate Assessment against any or all of the Owners involved on behalf of the prevailing Owner(s), which Assessment shall be collected and enforced in the manner provided by this Master Declaration for Limited Assessments. 13.11 General Landscape Easement. An easement is hereby reserved to each appropriate Association, its contractors, employees, 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. 13.12 Grantor's Rights Incident to Construction. Grantor, for itself and its successors and assigns, hereby retains a right and easement of ingress and egress over, in, upon, under, and across the Property and the right to store materials thereon and to make such other use thereof as may be reasonably necessary or incident to the construction of the Improvements on the Property owned by Grantor; provided, however, that no such rights shall be exercised by Grantor in such a way as to unreasonably interfere with the occupancy, use, enjoyment, or access to an Owner's Building Lot by that Owner or such Owner's family, tenants, employees, guests, or invitees. MASTER DECLARATION - 49 S:\C1ients\5267\3\Woodbridge - Master Declarationwpd 13.13 Easements Deemed Created. All conveyances of Building Lots made after the date of the recording of the Master Declaration, as amended and supplemented from time to time whether by Grantor or otherwise, shall be construed to grant and reserve the easements contained in this Article XIII, even though no specific reference to such easements or to this Article Xill appears in the instrument for such conveyance. 13.14 Waterway Easements. Grantor hereby reserves an easement for all Waterways and related pipes, pumps and other equipment over, across, under and through all Building Lots, Common Areas, and Restricted Areas to the extent reasonably required to maintain any Waterway system installed by Grantor on the Property, including, but not limited to any dual irrigation system, or pursuant to plans and specifications approved by the Design Committee. The Master Association or any Local Association shall have the right, but not the obligation, to maintain all Waterways to be maintained by the City of Meridian, and to bill the City of Meridian for all such maintenance conducted by the Master Association. Any relocation of the water lines installed as a part of such system shall not be undertaken in any way which interrupts the flow of water through the system or damages the system in any other fashion. Grantor reserves the right to make any reconfiguration of any Waterway which it determines, in its own discretion, to be necessary, expedient or desirable; provided, however, that nothing herein shall reserve unto Grantor the right to take any action which would disturb, encroach upon or endanger the foundation of any building, nor shall Grantor take any action which would materially alter any Waterway's proximity to improved property abutting such Waterway. Under no circumstances whatsoever shall the Waterways be used by any Owner, Member, tenants, invitees, and/or guests for recreational purposes including, without limitation, wading and/or swimming. 13.15 Reservation for Expansion. Grantor hereby reserves to itself and for Owners of Building Lots and Phases of the Property a perpetual easement and right-of-way for access over, upon, across and through the Property for construction, utilities, drainage, ingress and egress, and for use of the Common Area. The location of these easements and rights-of-way must be approved and may be documented by Grantor by recorded instruments. 13.16 Emergency Easement. A general easement is hereby granted to all police, sheriff, fire protection, ambulance, and all other similar emergency agencies or Persons to enter upon the Property in the proper performance of their duties. 13.17 Maintenance Easement. An easement is hereby reserved to Grantor, which may be granted to any or all Associations, and any member of their board or manager, if any, and their respective officers, agents, employees, and assigns, upon, across, over, in, and under the Building Lots and Phases and a right to make such use of the Building Lots and Phases as may be necessary or appropriate to make emergency MASTER DECLARATION -50 S:\C1ients\5267\3\Woodbridge - Master Declarationmpd repairs or to perform the duties and functions which an Association is obligated or permitted to perform pursuant to the Project Documents, including the right to enter upon any Building Lot or Phase for the purpose of performing maintenance to the landscaping or the exterior of Improvements to such Building Lot or Phase as required by the Project Documents. 13.18 Association's Responsibility. The Master Association shall maintain and keep the Common Area, Restricted Area and Maintenance Property in good repair, such maintenance to be funded as provided herein. This maintenance shall include, without limitation, maintenance, repair, and replacement, subject to any insurance then in effect, of all landscaping and other flora, structures, and Improvements situated within the Common Area, Restricted Area and Maintenance Property. ARTICLE XIV: DAMAGE OR DESTRUCTION 14.1 Master Association Recreation Facility Association and Local Association as Attorneys in Fact. Each and every Owner hereby irrevocably constitutes and appoints the Master Association, Recreation Facility Association, if applicable, and their respective Local Association as such Owner's true and lawful attorneys -in -fact in such Owner's name, place, and stead for the purpose of dealing with the Improvements on the Common Area and Restricted Area upon damage or destruction as provided in this Article XIV or a complete or partial taking as provided in Article XV below. Acceptance by any grantee of a deed or other instrument of conveyance from Grantor or from any Owner shall constitute appointment of the attorneys -in -fact as herein provided. As attorneys -in -fact, the Associations shall have full and complete authorization, right, and power to make, execute, and deliver any contract, assignment, deed, waiver, or other instrument with respect to the interest of any Owner which may be necessary or appropriate to exercise the powers granted herein to the Associations as attorneys -in -fact. 14.2 Estimate of Damages or Destruction. As soon as practical after an event causing damage to or destruction to any part of the Common Area or Restricted Area, the appropriate Association shall, unless such damage or destruction shall be minor, obtain an estimate or estimates that it deems reliable and complete of the costs of repair and reconstruction of that part of the Common Area or Restricted Area so damaged or destroyed. "Repair and reconstruction" as used in this Article XIV shall mean restoring the damaged or destroyed Improvements to substantially the same condition in which they existed prior to the damage or destruction. 14.3 Repair and Reconstruction. As soon as practical after obtaining estimates, the Association shall diligently pursue to completion the repair and reconstruction of the damaged or destroyed Improvements. As attorney-in-fact for the Owners, the Association may take any and all necessary or appropriate action to effect repair and reconstruction, MASTER DECLARATION -51 S:\C1ientsZ267\3\Woodbridge - Master Declarationmpd and no consent or other action by any Owner shall be necessary. Assessments of the Association shall not be abated during any period of insurance adjustments and repair and reconstruction. 14.4 Funds for Repair and Reconstruction. The proceeds received by the Association from any hazard insurance shall be used for the purpose of repair and reconstruction. If the proceeds of the insurance are insufficient to pay the estimated or actual cost of such repair and reconstruction, the Association may assess in advance from all Owners a Special Assessment sufficient to provide funds to pay such estimated or actual costs of repair and reconstruction. Further assessments may be made in like manner if the amounts collected prove insufficient to complete such repair and reconstruction. 14.5 Disbursement of Funds for Repair and Reconstruction. The insurance proceeds held by the Association and the amounts received from the Special Assessments constitute a fund for the payment of the costs of repair and reconstruction after casualty. It shall be deemed that the first money disbursed in payment for the costs of repair and reconstruction shall be made from insurance proceeds, and the balance from the Special Assessments. If there is a balance remaining after payment of all costs of such repair and reconstruction, such balance shall be distributed to the Owners in proportion to the contributions each Owner made as a Special Assessment to the Association under this Article XIV, or, if no Special Assessments were made, then in equal shares per Building Lot, first to the mortgagees of a First Mortgage and then to the Owners, as their interests appear. 14.6 Decision Not to Rebuild. If Owners representing at least sixty seven percent (67%) of the total allocated votes within the jurisdiction of the Master Association or a Local Association, as the case may be, and sixty seven percent (67%) of the mortgagees of a First Mortgage (based upon one vote for each mortgage owned) of the Building Lots agree in writing not to repair and reconstruct and no alternative Improvements are authorized, then and in that event the damaged Common Area shall be restored to its natural state and maintained as an undeveloped portion of the Common Area by the appropriate Association in a neat and attractive condition, and any remaining insurance proceeds shall be distributed in equal shares per Building Lot, first to the mortgagees of a First Mortgage and then to the Owners, as their interests appear. 14.7 Damage or Destruction Affecting Building Lots. In the event of damage or destruction to the Improvements located on any of the Building Lots, the Owner thereof shall promptly repair and restore the damaged Improvements to their condition prior to such damage or destruction. If such repair or restoration is not commenced within one hundred eighty (180) days from the date of such damage or destruction, or if repair and reconstruction is commenced but then abandoned for a period of more than ninety (90) MASTER DECLARATION - 52 S:1Clients\5267\3=oodbridge - Master Declarationmpd days, then the Master Association may impose a fine of not less than fifty dollars ($50) per day on the Owner of the Building Lot until repair and reconstruction is commenced, unless the Owner can prove to the reasonable satisfaction of the Master Association that such failure is due to circumstances beyond the Owner's control. ARTICLE XV: CONDEMNATION 15.1 Rights of Owners. Whenever all or any part of the Common Area or Restricted Area shall be taken or conveyed in lieu of and under threat of condemnation, the Board acting as attorney-in-fact for all Owners, shall notify each Owner of the taking, but the Master Association shall act as attorney-in-fact for all Owners in the proceedings incident to the condemnation proceeding, unless otherwise prohibited by law. 15.2 Condemnation: Distribution of Award: Reconstruction. The award made for such partial or complete taking shall be payable to the Master Association as trustee for all Owners to be disbursed as follows: If the taking involves a portion of the Common Area or Restricted Area on which Improvements have been constructed, then, unless within sixty (60) days after such taking Grantor and Owners representing at least sixty seven percent (67%) of the Class B and C Members shall otherwise agree, the Master Association shall restore or replace such Improvements so taken on the remaining land included in the Common Area or Restricted Area to the extent lands are available therefor, in accordance with plans approved by the Board and the Design Committee. If such Improvements are to be repaired or restored, the provisions in Article XIV regarding the disbursement of funds in respect to casualty damage or destruction which is to be repaired shall apply. If the taking does not involve any Improvements on the Common Area or Restricted Area, or if there is a decision made not to repair or restore, or if there are net funds remaining after any such restoration or replacement is completed, then such award or net funds shall be distributed in equal shares per Building Lot, first to the mortgagees of any First Mortgage and then to the Owners, as their interests appear. ARTICLE XVI: RESOLUTION OF DISPUTES If any dispute or question arises between Members or between Members and an Association or the Design Committee relating to the interpretation, performance or nonperformance, violation, or enforcement of the Project Documents, such dispute or violation may, at the Board's discretion, be submitted to the Board for resolution pursuant to rules of procedure established and adopted by the Board. MASTER DECLARATION -53 S:\C1ients\5267\3\Woodbridge - Master Declarationmpd ARTICLE XVII: MISCELLANEOUS 17.1 Term. The easements created hereunder shall be perpetual, subject only to extinguishment by the holders of such easements as provided by law. The covenants, conditions, restrictions and equitable servitudes of this Master Declaration shall run until December 31, 2035, unless amended as herein provided. After December 31, 2035, such covenants, conditions and restrictions shall be automatically extended for successive periods of ten (10) years each, unless amended or extinguished by a written instrument executed by Members holding at least a majority of the voting power of the Master Association and such written instrument is recorded with the Ada County Recorder's Office. 17.2 Amendment. 17.2.1 By Grantor. Except as provided in Section 17.3, until the recordation of the first deed to a Building Lot, the provisions of this Master Declaration may be amended, modified, clarified, supplemented, added to or terminated (collectively "amendment") by Grantor by recordation of a written instrument setting forth such amendment. In addition, Grantor, regardless of whether it has conveyed any Building Lot(s) to an Owner, shall have the exclusive right, power and authority to amend this Master Declaration, any Supplemental Declaration or any of the Project Documents, at any time and at its sole discretion, to comply with any and all requirements and conditions of FNMA, GNMA, FHA, VA and FHLMC as those terms are defined in Section 17.3. 17.2.2 By Owners. Except as provided in Sections in 17.1 and 17.3, after the recordation of the first deed to a Building Lot, any amendment to any provision of this Master Declaration, other than to this Article XVII, shall be by an instrument in writing signed and acknowledged by the president and secretary of the Master Association certifying and attesting that such amendment has been approved by the vote or written consent of Members representing more than two-thirds (2/3) of the total voting power in the Master Association as cast by the Delegates, except where a greater percentage is required by express provision in this Master Declaration, and such amendment shall be effective upon its recordation with the Ada County Recorder's Office. Any amendment to this Article XVII shall require the vote or written consent of Members holding ninety-five percent (95%) of the voting power of the Master Association. 17.2.3 Effect of Amendment. Any amendment of this Master Declaration approved in the manner specified above shall be binding on and effective as to all Owners and their respective properties notwithstanding that such Owners may not have voted for or consented to such amendment. Such amendments may add to MASTER DECLARATION - 54 S:\C1ients\5267\3\Woodbridge - Master Declaration.wpd and increase the covenants, conditions, restrictions and easements applicable to the Property but shall not prohibit or unreasonably interfere with the allowed uses of such Owner's property which existed prior to the said amendment. 17.3 Mortgage Protection Notwithstanding any other provision of this Master Declaration, no amendment of this Master Declaration shall operate to defeat or render invalid the rights of the beneficiary under any first Mortgage 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 Mortgage, such Building Lot shall remain subject to this Master Declaration, as amended. In order to induce the Federal Home Loan Mortgage Corporation ("FHLMC"), the Government National Mortgage Association ("GNMA"), the Federal Housing Administration ("FHA"), the Veterans Administration ("VA") and the Federal National Mortgage Association ("FNMA") to participate in the financing of the sale of Building Lots within the Properties, the following provisions are added hereto (and to the extent those added provisions, pertaining to the rights of mortgagees, FHLMC, FNMA, GNMA, VA and FHA, conflict with any other provisions of this Declaration or any other of these Covenants and Restrictions, these added restrictions shall control).- (a) ontrol): (a) Each first Mortgage encumbering any Building Lot, upon filing a written request for notification with the Board, is entitled to written notification from an Association of any default by the mortgagor of such Building Lot in the performance of such mortgagor's obligations under the Project Documents, which default is not cured within thirty (30) days after the Association learns of such default. (b) Every Owner, including every first mortgagee of a Mortgage encumbering any Building Lot, which obtains title to such Building Lot, pursuant to the remedies provided in such Mortgage, or pursuant to foreclosure of the Mortgage (or assignment) in lieu of foreclosure, shall be exempt from any "right of first refusal." (c) Each holder of a first Mortgage who comes into possession of the Building Lot by virtue of foreclosure of the Mortgage or assignment in lieu of foreclosure, or any purchaser at a foreclosure sale, will take title to such Building Lot free of any claims for unpaid assessments and charges against the Building Lot, which accrue prior to the time such holder comes into possession of the Building Lot, except for claims for a share of such assessments or charges resulting from a reallocation of such assessments or charges to all Building Lots including the mortgaged Building Lot. (d) Unless all of the first mortgagees have given their prior written approval, neither the Association nor the Owners shall: MASTER DECLARATION -55 SAC1ients\5267131Woodbridge - Master Declaration.wpd (1) by act or omission seek to abandon, partition, subdivide, encumber, sell or transfer the Common Area or the Improvements thereon which are owned, directly or indirectly by the Association (the granting of easements for public utilities or for other public purposes consistent with the intended use of such property by the Association, or the transfer of the Common Area or Improvements to an unincorporated association of the Owners in accordance with the Articles of Incorporation of the Association, shall not be deemed a transfer within the meaning of this clause); (2) change the ratio of Assessments or method of determining the obligations, Assessments, dues or other charges which may be levied against any Owner, or the method of allocating distributions or hazard insurance proceeds or condemnation awards; (e) Unless otherwise specified below, at least fifty-one percent (51 %) of the first mortgagees (based upon one vote for each Mortgage owned) have given their prior written approval, neither the Association nor the Owners shall: (1) by act or omission change, waive or abandon any scheme of regulations, or enforcement thereof, pertaining to the architectural design of the exterior appearance of the dwelling units on the Building Lots, the exterior maintenance of the dwelling units on the Building Lots or the upkeep of the lawns and planting on the Properties; (2) fail to maintain Fire and Extended Coverage on insurable Common Area on a current replacement cost basis in an amount not less than one hundred percent (100%) of the insurable value (based on current replacement cost); or (3) use hazard insurance proceeds for losses to any Common Area for other than the repair, replacement or reconstruction or such Improvements; (4) abandon or terminate the covenants, conditions, and restrictions of this Declaration or any Supplement to this Declaration, or terminate the legal status of the project after substantial destruction or condemnation has occurred (termination of the project for reasons other than substantial destruction or condemnation requires a sixty-seven percent (67%) vote of first mortgagees); MASTER DECLARATION -56 S:1Clientsl5267131Woodbridge - Master Declaration.wpd (5) make any material amendment to the Project Documents (material amendment herein shall mean those amendments classified as material in the FNMA Project Standards applicable to Woodbridge); (f) First mortgagees, upon written request, shall have the right to (1) examine the Project Documents and books and records of the Association during normal business hours, (2) require from the Association audited annual financial reports and other financial data be available no later than 120 days from the Association's fiscal year-end, (3) receive written notice of all meetings of the Owners, and (4) designate in writing a representative to attend all such meetings. (g) All first mortgagees shall be given immediate written notice as soon as the Board receives notice or otherwise learns of any damage to the Common Area or any Building Lotwhenever the cost of reconstruction exceeds Ten Thousand Dollars ($10,000), and as soon as the Board receives notices or otherwise learns of any condemnation or eminent domain proceedings or other proposed acquisition, with respect to any portion of the Properties. (h) First mortgagees may, jointly or singly, pay taxes or other charges which are in default and which may or have become a charge against any Common Area and may pay any overdue premiums on hazard insurance policies, for such property, and first mortgagees making such payments shall be owed immediate reimbursement therefor from the Association. (i) The Board may contract for professional management of the Properties with a bondable professional manager. The agreement between the Association and its agent for such professional management shall provide that the management contract may be terminated for cause on not more than thirty (30) days' written notice, and the term of any such contract shall not exceed one (1) year, renewable by agreement of the parties for successive one-year periods. (j) The Board shall secure and cause to be maintained in force at all times a fidelity bond for any person or entity handling funds of the Association, including but not limited to, employees of the professional manager. (k) Any agreement for the leasing or rental of a Building Lot, including a month-to-month rental agreement, shall provide that the terms of such agreement shall be subject in all respects to the provisions of the Project Documents. All such agreements shall be in writing and shall provide that any failure by the lessee to comply with the terms of the Project Documents shall be a default under the agreement. MASTER DECLARATION -57 WCIients15267\3\Woodbridge - Master Declarationmpd (1) All taxes on the Common Areas must be assessable against those Common Areas only and the Master Association or applicable Local Association owning such Common Areas are solely responsible for payment of such taxes. (m) Any provision in this Master Declaration which requires Owners to indemnify the Association, other Owners, or the board of any Association against acts of the indemnitor is subject to the exception that if the liability, damage or injury is covered by any type of insurance, the indemnitor is relieved of liability to the extent of insurance coverage. (n) Notwithstanding any other provisions herein, the Master Association shall continuously maintain in effect such casualty, flood and liability insurance and a fidelity bond meeting the insurance and fidelity bond requirements for planned unit development projects established by FNMA and/or GNMA, so long as either is a mortgagee or owner of a Building Lot within the project, except to the extent such coverage is not available or has been waived in writing by FNMA and/or GNMA. (o) As long as there is a Class B membership, the following actions will require the prior approval of the Federal Housing Administration or the Veterans Administration: 1. Annexation of additional properties; 2. Dedication of Common Area; 3. Amendment of this Declaration. In addition to the foregoing, the Board may enter into such contracts or agreements on behalf of the Association as are required in order to satisfy the guidelines of the VA, the FHA, the FHLMC, the FNMA or the GNMA or any similar entity, so as to allow for the purchase, guaranty or insurance, as the case may be, by such entities of first Mortgages encumbering Building Lots with dwelling units thereon. Each Owner hereby agrees that it will benefit all Associations and the membership of the Associations, as a class of potential Mortgage borrowers and potential sellers of their residential Building Lots, if such agencies approve the Properties as a qualifying subdivision under their respective policies, rules and regulations, as adopted from time to time. Mortgagees are hereby authorized to furnish information to the Board concerning the status of any Mortgage encumbering. 17.4 Notices. Any notices permitted or required to be delivered as provided in this Master Declaration shall be in writing and may be delivered either personally, by fax 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, first MASTER DECLARATION -58 5:\C1ientsZ267\3\Woodbridge - Master Declarationmpd class, postage prepaid, addressed to any Person at the address given by such Person to the Master Association for the purpose of service of such notice, or to the residence of such Person if no address has been given to the Master Association or to the address of such Person as contained in the Ada County tax assessor's rolls. Such address may be changed from time to time by notice in writing to the Master Association. 17.5 Enforcement and Non -Waiver. 17.5.1 Right of Enforcement. Except as otherwise provided herein, any Owner, Association or Grantor shall have the right to enforce any or all of the provisions hereof against any property within the Property and against the Owners thereof. 17.5.2 Violations and Nuisances. The failure of any Owner of a Building Lot to comply with any provision hereof, or with any provision of the Project Documents, is hereby declared a nuisance and will give rise to a cause of action in Grantor, an Association or any Owner for recovery of damages or for negative or affirmative injunctive relief or both. 17.5.3 Violation of Law. Any violation of any state, municipal or local law, ordinance or regulation pertaining to the ownership, occupation or use of any property within the Property is hereby declared to be a violation of this Master Declaration and subject to any or all of the enforcement procedures set forth in this Master Declaration and any or all enforcement procedures in law and equity. 17.5.4 Remedies Cumulative. Each remedy provided herein is cumulative and not exclusive. 17.5.5 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. 17.6 Use of Trademark. Each Owner by acceptance of a deed for such Owner's Building Lot shall be deemed to acknowledge that "Woodbridge" is a servicemark and trademark of Snorting Bull Investments, LLC, or its licensees, and to covenant that such Owner shall not use the term "Woodbridge" without the prior written permission of Snorting Bull Investments, LLC, or its licensees. 17.7 Interpretation. The provisions of this Master Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the development and operation of the Property. This Master Declaration shall be construed and governed under the laws of the State of Idaho. MASTER DECLARATION - 59 S:\Clients\5267\31Woodbridge - Master Declaration.wpd 17.7.1 Restrictions Construed Together. All of the provisions hereof shall be liberally construed together to promote and effectuate the fundamental concepts of the development of the Property as set forth in the recitals of this Master Declaration. 17.7.2 Restrictions Severable. Notwithstanding the provisions of the foregoing Subsection 17.7.1, each of the provisions of this Master Declaration shall be deemed independent and severable, and the invalidity or partial invalidity of any provision or portion thereof shall not affect the validity or enforceability of any other provision herein. 17.7.3 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 include the masculine, feminine and neuter. 17.7.4 Captions. All captions and titles used in this Master Declaration are intended solely for convenience of reference and shall not affect that which is set forth in any of the provisions hereof. 17.8 Successors and Assigns. All references herein to Grantor, Owners, Members, an Association or Person shall be construed to include all successors, assigns, partners and authorized agents of such Grantor, Owners, Members, Association or Person. 17.9 Owners' Acknowledgements. By accepting a deed to any Building Lot(s) contained within the Property, each Owner acknowledges the following.- (1) ollowing: (1) That Owner has read and understands the "What You Need To Know About Woodbridge" brochure; (2) That in order to receive approval to develop Woodbridge, Grantor was required to obtain conditional use approval from the City of Meridian (Meridian's finalized on ), and approval of all preliminary and final plats, including plats for specific Phases of the development, and that through this process certain conditions of approval attached to the Woodbridge development, and that Owner understands and will abide by all such conditions; (3) That the Property shall be developed in Phases and that no Owner shall interfere with or otherwise impede the development of the remaining MASTER DECLARATION - 60 S:1C1ients\526713\Woodbridge - Master Declarationmpd portion of the Property, or any additional property annexed to Woodbridge and that this acknowledgement and agreement is a material consideration to Grantor; (4) That Owner has accepted title to the Building Lot(s) after conducting all necessary inquiries and due diligence, and that Owner takes the Building Lot(s) "As Is", without any express or implied warranty from Grantor. [end of text] MASTER DECLARATION - 61 S:\C1ients\5267\3\Woodbridge - Master Dedarationmpd IN WITNESS WHEREOF, the undersigned has duly executed this Master Declaration this day of 1 1999. SNORTING BULL INVESTMENTS, LLC, an Idaho limited liability company Peter S. O'Neill, Manager STATE OF IDAHO ) ss. County of Ada ) On this day of , 1999, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared Peter S. O'Neill, known or identified to me to be a Manager of Snorting Bull Investments, LLC, the Manager who subscribed said limited liability company name to the foregoing instrument, and acknowledged to me that he executed the same in said limited liability company's name. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. 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Toothman Orton Engineering 9777 Chinden Blvd. Garden City, ID 83714-2008 Re: Woodbridge Subdivision No. 1 Dear Barry: FBcETvED OCT - 6 2000 CITY OF MERIDIAN 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 The Nampa & Meridian Irrigation District has inspected the insulation and completed a pressure test on the above-mentioned subdivision and it appears to be acceptable for the District. If you have any questions, please feel free to contact me. Sincerely, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: din Cc: File Board of Directors Secretary -Treasurer Asst. Secretary -Treasurer Water Superintendent Pressure Irrigation Specialist — Clinton Ringert Clark Chartered — Burri City of Meridian APPROXIMATE IRP RIVER FLOW P Jp BOISE PROJE