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HomeMy WebLinkAboutALL DOCS - 08-00064 - Summerfield -Prelim Master Plan for PUD - Summerfield0 4 0 Preliminary /Final Plat ``F �EXa ° ' c I T Y OF City of Rexburg R EX P URG cav K '' ,,''``//����AA��TT Phone: 208.359.3020 America's Family community —V— s�d loicexburg.org Fax: 208.359.3022 Completion Date: ' a off 0 NOT Ok�� �iMUG for Approval of Preliminary Subdivision Plat ®CAI 004 •tbAA€II Aft q@ an has been prepared in accordance with the Subdivision Regulations of the City of Rexburg, and the following items are shown on the plan or plans, or explanations given with respect thereto. Requirements for Preliminary Plats • All Preliminary Plats shall be 24' x 36' foldable, drawn to scale, North point, dated. The following shall be she wn on the Preliminary Plat or shall be submitted separately: 1. The name of th : proposed subdivision: 6 6kMInex - ie-0 2. The location Al CO w�. (. ( ^ ' # 00 $04 Acreage t7 Number of Lots 3. The names, add 7esses and telephone numbers of the subdivider or subdividers and the engineer or survey :)r who prepared the plat: Subdivide r A x, 6. f Name: Tr ay Kadcksiw Address: Of wed /709 so-A , Im4 Phone Nu:i nber: 7S`S - 7090 Cell Number: 7S ` 4140 Engineer Name: V, ,&vile drew Address: 380 Spe;+1q Cre A , Provi dac Phone Nut. nber: 75oZ 17ss Cell Number: 757- 51 0 Surveyor Name: _V, vote Grow Address: -180 Sarin., Cree R owe Pro VilnGP Phone Nut nber: 7. .2 - °17 Cell Number: 717 -51.R0 4. The name and ddress of all property owners within 300 feet of the external boundaries of the subdivision whetht: r or not bisected by a public right -of -way as shown on record in the County Assessor's office. 5. The legal descr ption of the subdivision. • 6. A statement of the intended use of the proposed subdivision such as: Residential — (single family, • two- family and multiple housing); Commercial, Industrial, Recreational or Agricultural. Show sites proposed for parks, playgrounds, schools, churches 1 or other public areas. ^Xcd use b� Sin51cAni Iwo - foonily * ,J Mmff�ple hou$1*4 7. A map of the entire area scheduled for development if the proposed subdivision is a portion of a larger holding intended for subsequent development. 8. A vicinity map showing the relationship of the proposed plat to the surrounding area (1 /2 mile of minimum radius, scale optional). 9. Streets, street names, rights -of -way, and roadway widths, including adjoining streets or roadways, curbs and sidewalks. 10. Lot lines and blocks showing the dimensions and numbers of each. 11. Contour lines, shown at five (5) feet intervals where land slope is greater than ten percent (10 %) and at two (2) feet intervals where land slope is ten percent (10 %) or less, referenced to an established bench mark, including location and elevation. 12. Any proposed or existing utilities including, but not limited to, storm and sanitary sewers, • irrigation laterals, ditches, drains; bridges, culverts, water mains, fire hydrants, power, gas, street lights and their respective profiles and easements. 13. A copy of any proposed restrictive covenants and /or deed restrictions. (To be attached or submitted with final plat). 14. Any dedications to the public and /or easements, together with a statement of location, dimensions, and purpose of such. Please complete the following: (If not applicable, please fill in with N /A) 1. What is the land use and existing zoning of the proposed subdivision and the adjacent land? Does subdivision conform to present zoning? 3. Requested zoning: Pun 4. Variance Requested: Yes 5. Requesting annexation to City? No X_ (If yes, attach written request) `YO is iQ g£x.LR � 9 U CITY OF REXBURG _CW Americas Family Community 0 —1161, Ku,L,f 'ZA) je lzq/ Planned Unit Development, File # 08 00064 and #08 00316 Summerfield Preliminary Master Plan and Preliminary Plat These Conditions of Approval are based on the Planning & Zoning meeting minutes of August 7, 2008, and the City Council meeting minutes of September 3, 2008. Conditions of Approval General 1. The final master plan/final plat application for each phase shall include all required submittal standards and incorporate all conditions of approval. 2. All recommendations and requirements from the City Engineer shall be adhered to and incorporated in the submittal of each phase 's final master plan/final plat. 3. Language shall be clear in the CC &Rs that no approval granted by the HOA or Architectural Committee shall violate City Code (e.g. accessory structures, building heights, fencing, location of building on lot, etc.). 4. The final CC &Rs shall be reviewed and approved by the City Attorney prior the recordation of a plat. 5. Requirement of the underlying zoning prevails where no specific requested variation has been considered and granted in this PUD request. 6 The City's clear vision area of 30 feet shall be observed. These areas shall be clear of all permanent and temporary obstructions. Driveways shall not be included in the clear vision areas as parked vehicles constitute a temporary obstruction. Vegetation and fencing in these areas shall follow City standards. 7. Block 11, Lot 27 shall be allowed to be a created lot in this subdivision of land, but shall not be considered part of this PUD master plan approval. This will require the owner of Block 11, Lot 27 to apply for a separate PUD in the future if he should wish to develop it as a PUD. All requirements of the LDR2 zone or current zone shall apply to lot 27, and no part of this PUD overlay shall apply to this lot. Gary 1.eikness Planning and Zoning Administrator 19 E. Main Rexburg, ID 83440 P. O. Box 280 Phone (208) 359.3020 ext. 314 Fax (208) 359.3022 gag1 @nxburg. org wrvu! - xburg. org 0 8. No garages or car ports shall be located within 20 feet of a front property line in order to ensure adequate space for off - street parking (15-feet is not deep enough for the City's parking standards) and to allow for a streetscape not dominated by garage doors, which is in harmony with planned unit development that seek a more traditional neighborhood ambiance. In addition, this reduced setback shall only be granted to allow for well defined porch areas, not just the fronts of buildings. This would apply to all types of residential uses. Other land uses such as churches, parking lots, etc shall maintain the setbacks as required under the LDR2 zone. 9. All side yard setbacks shall not be less than 5 feet. 10. All rear yard setbacks shall follow those as defined in the LDR2 zone, rather the I S foot fixed setback as requested. 11. If final platting requires adjustments to lot dimensions, then those changes shall be substantially the same as those found on this preliminary plat. If changes are substantially different than what is found in the preliminary plat proposal then the applicant shall re- submit a preliminary master plan/preliminary plat. 12. The City Engineer may determine that any of the roads may function as collector roads which may need greater right -of- way. The applicant shall discuss this with the City Engineer and any required modifications shall be shown on the final plat. 13. The developer shall provide safe routes to school, specifically the new elementary school and the new high school. Proposed improvements should receive support by the Madison School District, the Trails of Madison County, the City's Traffic Safety Committee, and the City Engineer, prior to submitting for final plat approval for any phase. The proposed improvement should include improvement details, costs of improvements, agreements between parties for funding, and a timeline for installation of improvements. Bonding for improvements may be required as part of the development agreement the developer will make with the City of Rexburg, as determined by the City Engineer. 14. The applicant, in promoting pedestrian connectivity and safety, has provided an easement, or access way in the south Gary Leikness Planning and Zoning Administrator 19 E. Main Rexburg, ID 83440 P. O. Box 280 Pbone (208) 359.3020 ext. 314 Fax (208) 359.3022 garyl@rexburg.org uav -- burg.org • ! east portion of the PUD which is intended to provide a pedestrian connection from the PUD to 1000 South (7 South). Unfortunately, when overlaying the proposed PUD on an aerial photo this connection appears to interfere with the property to the east and therefore, the applicant shall provide more information as to the connection's feasibility during the final master plan/final platting for this phase, which is Phase 1. 15. In order for the City to maintain an efficient transportation network in and around the proposed PUD, the applicant shall provide additional road connections to adjacent property and roads consistent with Figure I of this staff report, or as modified by the City Engineer. 16 Traffic Impacts the development shall incorporate all recommendations found in the provided traffic impact study. In addition, the development shall incorporate to all onsite and offsite improvements to streets and roads that the City Engineer may identify as being necessary to mitigate impacts of the proposed development. Performance Standards 17. Utilities All new utilities must be placed underground. 18. Water Conservation The final master plan for each phase shall show, in sufficient detail, how the proposal will incorporate low volume irrigation systems throughout the landscaped areas of the development. 19. Individual lot owners shall be required to incorporate low volume irrigation systems throughout their landscaped areas; this requirement shall be stated in the CC &Rs under Section 4.13. 20. Refuse Bins Individual trash bins shall be screened form the public right -of -way on days of no trash service in the neighborhood. 21. Future trash receptacles intended for trash service pick -up and that are placed in the common areas such as proposed parks must be screened in a manner that is similar in material and character of the neighborhood. This shall be incorporated in the final CC &Rs. Gary Leikness Planning and Zoning Administrator 19 E. Main Rexburg, ID 83440 P. O. Box 280 Phone (208) 359.3020 ext. 314 Fax (208) 359.3022 gaga_- xburg.org -- xbu%org 0 0 22. Glare Reduction The proposal must adhere to the City's lighting standards, details shall be provided with the final master plan/final plat for each phase. Common Open Space 23. Required Common Open Space The applicant shall consider not only proposing an open space /park at 10 acres in size, but shall also work with the City in determining if this area should be a City park. 24. Maintenance As the common areas are proposed to be private rather than public, the homeowners association shall be responsible for common space maintenance. Until such time as a homeowners association is established, the applicant or owner of record shall be responsible for all maintenance of common areas and all unsold lots. 25. Hardscape In order to determine hardscape percentages the final landscape plan, submitted with the final master plan, shall provide detailed information on hardscape percentages. 26 Common A ctiviU Areas areas need to be provided at a ratio of 1000 square feet per single family lot, which amounts to 11.5 acres of common activity area for this PUD. These area need to include playground equipment or pathways with benches and tables through natural or landscaped areas. This requirement shall be shown on the final landscape plan to be submitted with the final master plan/final plat application for each phase. 27. Landscaping Per Unit The applicant has not addressed this requirement during the preliminary master plan/preliminary plat phase, therefore the final master plans for each phase shall reflect this on landscape plans. In addition, the final CC &Rs shall have the PUD ordinance requirement written into the CC &Rs. The final landscape plan shall to consider solar access as required by the PUD ordinance in the placement of deciduous and evergreen trees. 28. Water Conservation The final landscape plan shall identify drought tolerant species being used and where zones are located within the common space areas that can Gary Leikness Planning and Zoning Administrator 19 E. Main Rexburg, ID 83440 P. O. Box 280 Phone (208) 359.3020 ext. 314 Fax (208) 359.3022 gagi@rexburgorg — rexburg.org maximize water conservation by incorporating plants that have similar water usage demands. Master Plan Approval Time Limitations 29. The proposed preliminary master plan/preliminary plat shall expire within two years of approval if a final master plan/final plat has not been reviewed and approved by the City within that time. This requires that a complete final master /final plat for phase I be submitted to the City for review and approval within 1. S years of approval of this preliminary master plan/preliminary plat or the preliminary master plan/preliminary plat will expire. 30. Each additional phase (or remainder of unplatted portions of the proposed preliminary master plan/preliminary plat) shall expire within two (2) years of the approval of a previous phase in the order as shown on the proposed preliminary master plan, unless a final master plan✓final plat is reviewed and approved by the City within that time. This will also require the complete application for a final master plan/final plat be submitted to the City within 1. S years of the previous approval. 31. An extension of up to one year per phase may be requested by the applicant. A request for extension must be reviewed and approved by the Planning and Zoning Commission prior to any expiration date. In addition, once a final plat has been approved by the City, it must be recorded with the County within 6 months or it becomes null and void 32. Project shall provide 68 foot right -of -ways or current City street cross - sections. Gary Leikness Planning and Zoning Administrator 19 F,. Main Rexburg, ID 83440 P. O. Box 280 Phone (208) 359.3020 ext. 314 Fax (208) 359.3022 garyl@rzxburg.org —rexburg.org Findings of Fact City of Rexburg 12 North Center Phone: 208.359.3020 Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022 ��oF gaxnvke;l7 a ° CITY 0 F REXBURG America's ('amity G;mmunity Summerfield — PUD Preliminary Master Plan /Preliminary Plat 1. On June 25, 2008, Kartchner Homes presented to the Rexburg Planning & Zoning Coordinator a Request and Application for a PUD Preliminary Master Plan /Preliminary Plat for Summerfield. 2. On July 21, 2008, the City Clerk sent the Notice of Public Hearing to be published in the local newspaper for July 23, 2008 and August 2, 2008. A notice was posted on the property and sent to all property owners within 300 feet of the above mentioned property. 3. On August 7, 2008, Troy Kartchner, the developer for this project, presented to the Rexburg Planning & Zoning Commission the Request for approval of the PUD Preliminary Master Plan /Preliminary Plat. Charles Andersen motioned to recommend approval to City Council of the Preliminary Master Plan and the Preliminary Plat for the Summerfield Planned Unit Development (PUD) at 12` West and 6` South, to include all of the thirty -one (31) conditions in the Planning Staff review, except to change condition number nine ( #9) to read "Side yard setbacks shall not be less than 5 feet." Thaine Robinson seconded the motion. None opposed. Motion carried. Proposed Conditions of Approval General 1. The final master plan/final plat application for each phase shall include all required submittal standards and incorporate all conditions of approval. 2. All recommendations and requirements from the City Engineer shall be adhered to and incorporated in the submittal of each phase's final master plan/final plat. 3. Language shall be clear in the CC &Rs that no approval granted by the HOA or Architectural Committee shall violate City Code (e.g. accessory structures, building heights, fencing, location of building on lot, etc.). 4. The final CC &Rs shall be reviewed and approved by the City Attorney prior the recordation of a plat. 5. Requirement of the underlying zoning prevails where no specific requested variation has been considered and granted in this PUD request. 6. The City's clear vision area of 30 -feet shall be observed. These areas shall be clear of all permanent and temporary obstructions. Driveways shall not be included in the clear vision areas as parked vehicles constitute a temporary obstruction. Vegetation and fencing in these areas shall follow City standards. 7. Block 11, Lot 27 shall be allowed to be a created lot in this subdivision of land, but shall not be considered part of this PUD master plan approval. This will require the owner of Block 11, Lot 27 to apply for a separate PUD in the future if he should wish to develop it as a PUD. All requirements of the LDR2 zone or current zone shall apply to lot 27, and no part of this PUD overlay shall apply to this lot. 8. No garages or car ports shall be located within 20 feet of a front property line in order to ensure adequate space for off - street parking (15 -feet is not deep enough for the City's parking standards) and to allow for a streetscape not dominated by garage doors, which is in harmony with planned unit development that seek a more traditional neighborhood ambiance. In addition, this reduced setback shall only be granted to allow for well defined porch areas, not just the fronts of buildings. This would apply to all types of residential uses. Other land uses such as churches, parking lots, etc shall maintain the setbacks as required under the LDR2 zone. 9. All side yard setbacks shall not be less than 5 feet. 10. All rear yard setbacks shall follow those as defined in the LDR2 zone, rather than the 15 -foot fixed setback as requested. 11. If final platting requires adjustments to lot dimensions, then those changes shall be substantially the same as those found on this preliminary plat. If changes are substantially different than what is found in the preliminary plat proposal then the applicant shall re- submit a preliminary master plan/preliminary plat. 12. The City Engineer may determine that any of the roads may function as collector roads which may need greater right -of -way. The applicant shall discuss this with the City Engineer and any required modifications shall be shown on the final plat. 13. The developer shall explore safe routes to school, specifically the new elementary school and the new high school. Proposed improvements should receive support by the Madison School District, the City's Traffic Safety Committee, and the City Engineer, prior to submitting for final plat approval for any phase. The proposed improvement shall include improvement details, costs of improvements, agreements between parties for funding, and a timeline for installation of improvements. Bonding for improvements may be required as part of the development agreement the developer will make with the City of Rexburg, as determined by the City Engineer. 14. The applicant, in promoting pedestrian connectivity and safety, has provided an easement, or access way in the south east portion of the PUD which is intended to provide a pedestrian connection from the PUD to 1000 South (7 South). Unfortunately, when overlaying the proposed PUD on an aerial photo this connection appears to interfere with the property to the east and therefore, the applicant shall provide more information as to the connection's feasibility during the final master plan/final platting for this phase, which is Phase 1. 15. In order for the City to maintain an efficient transportation network in and around the proposed PUD, the applicant shall provide additional road connections to adjacent property and roads consistent with Figure I (see below after Proposed Conditions of Approvao of this staff report, or as modified by the City Engineer. 16. Traffic Impacts the development shall incorporate all recommendations found in the provided traffic impact study. In addition, the development shall incorporate to all onsite and offsite improvements to streets and roads that the City Engineer may identify as being necessary to mitigate impacts of the proposed development. Performance Standards 17. Utilities All new utilities must be placed underground. 18. Water Conservation The final master plan for each phase shall show, in sufficient detail, how the proposal will incorporate low volume irrigation systems throughout the landscaped areas of the development. 9 19. Individual lot owners shall be required to incorporate low volume irrigation systems throughout their landscaped areas; this requirement shall be stated in the CC &Rs under Section 4.13. 20. Refuse Bins Individual trash bins shall be screened form the public right -of -way on days of no trash service in the neighborhood. 21. Future trash receptacles intended for trash service pick -up and that are placed in the common areas such as proposed parks must be screened in a manner that is similar in material and character of the neighborhood. This shall be incorporated in the final CC &Rs. 22. Glare Reduction The proposal must adhere to the City's lighting standards , details shall be provided with the final master plan/final plat for each phase. Common Open Space 23. Required Common Open Space The applicant shall consider not only proposing an open space /park at 10 acres in size, but shall also work with the City in determining if this area should be a City park. 24. Maintenance As the common areas are proposed to be private rather than public, the homeowners association shall be responsible for common space maintenance. Until such time as a homeowners association is established, the applicant or owner of record shall be responsible for all maintenance of common areas and all unsold lots. 25. Hardscape In order to determine hardscape percentages the final landscape plan, submitted with the final master plan, shall provide detailed information on hardscape percentages. 26. Common Activity Areas - areas need to be provided at a ratio of 1000 square feet per single family lot, which amounts to 11.5 acres of common activity area for this PUD. These area need to include playground equipment or pathways with benches and tables through natural or landscaped areas. This requirement shall be shown on the final landscape plan to be submitted with the final master plan/final plat application for each phase. 27. Landscaping Per Unit The applicant has not addressed this requirement during the preliminary master plan/preliminary plat phase, therefore the final master plans for each phase shall reflect this on landscape plans. In addition, the final CC &Rs shall have the PUD ordinance requirement written into the CC &Rs. The final landscape plan shall to consider solar access as required by the PUD ordinance in the placement of deciduous and evergreen trees. 28. Water Conservation The final landscape plan shall identify drought tolerant species being used and where zones are located within the common space areas that can maximize water conservation by incorporating plants that have similar water usage demands. Master Plan Approval Time Limitations 29. The proposed preliminary master plan/preliminary plat shall expire within two years of approval if a final master plan/final plat has not been reviewed and approved by the City within that time. This requires that a complete final master /final plat for phase 1 be submitted to the City for review and approval 9 0 within 1.5 years of approval of this preliminary master plan/preliminary plat or the preliminary master plan/preliminary plat will expire. 30. Each additional phase (or remainder of unplatted portions of the proposed preliminary master plan/preliminary plat) shall expire within two (2) years of the approval of a previous phase in the order as shown on the proposed preliminary master plan, unless a final master plan/final plat is reviewed and approved by the City within that time. This will also require the complete application for a final master plan/final plat be submitted to the City within 1.5 years of the previous approval. 31. An extension of up to one year per phase may be requested by the applicant. A request for extension must be reviewed and approved by the Planning and Zoning Commission prior to any expiration date. In addition, once a final plat has been approved by the City, it must be recorded with the County within 6 months or it becomes null and void. On September 03, 2008 Troy Kartchner at 601 West 1700 South in Logan, Utah reviewed the PUD on the overhead screen. There are nearly 16 acres of common area. They want to provide a mixed development with all properties having home ownership without rentals. There are large landscaped areas on the entry ways with fenced areas. Attractive twin homes are laid out on the entry way with a dog park. Figure 1. Potential Additional Road Connections The lots will vary in size from 6,000 to 8,000 square feet with 60 to 70 foot front yards and they are 100 to 110 feet deep. There will be a section of four /six plex town homes with one and two car garages. The next size lots will run 9,000 to 15,000 square feet. All of the homes are buffered by landscaping from the road. It is a large project with a long term build out plan including walking paths. The amenities will be installed over time. Council Member Erickson pointed out some green space areas. The main park is nearly four acres with a sw immin g pool planned. They had a discussion on basements and if basements will be available. Mr. Kartchner indicated basements are a possibility if ground water testing allows for basements. Mr. Kartchner reviewed home designs with a consistent look with varied craftsman designs and front porches. There will be a park and playground equipment up front with a club house built after 75 homes are sold. Every lot sale (new or resale) closure will pay 'A point to maintain the common area. Night sky lighting requirements will be followed. Mayor Larsen asked them to work with the city on benches and lighting. Mayor Larsen stated that it may be more beneficial for them to go with the city standard benches, as opposed to the ones in the slides. Also, he suggested changing the Victorian style lights into a more craftsmanship look. Mr. Kartchner indicated streets will be tree lined by the developer. All homes, including townhouses, will maintain a craftsmanship style standard. Mayor Larsen opened the public testimony hearing. Steve Kimball at 2313 West 440 South owns a home previously owned by Mem and Marie Thompson. He is also speaking on behalf of the Holly's. He is concerned with future roads crossing their properties in the future. He was concerned with starter homes on the entryways having young children. Can the starter townhomes be relocated to reduce the traffic? He wants to put more single family homes next to the ones that are already adjacent to this development. Joseph West at 125 Crestview wanted the Trails of Madison County System be included in their plan along 12` West. Mayor Larsen verified the trail system has a trail on 12` West. Julie Kimball at 2313 West 440 South was concerned with her children walking on 440 South and 12`'' West to the neighborhood grade school because she believes the road is unsafe. Her children will be walking to school on 12` West. They will be irrigating their property and they don't want to flood future basements. Will the town homes be done first? Mr. Kartcher explained timing for the different phases on the map and where the sewer line would be installed. There are four phases to the development. Within the four phases are some construction phases. The economy may drive the timing of these phases. He said it would be impossible to start the next phase within two years as indicated in the city code. Mayor Larsen closed the public testimony. Council Member Mann was favorable to the PUD's pictures; however, he was concerned with the widening of 12` West. He wanted safe walking areas for the children to walk to the schools. Council Member Schwendiman was concerned with roads like 12` West. The roads around the development will need to be improved. He inquired about the sidewalks, and the future of 12` West. Planning and Zoning Administrator Leikness went over the staff review. Planning and Zoning approved the PUD with conditions: Charles Andersen motioned to recommend approval to City Council of the Preliminary Master Plan and the Preliminary Plat for the Summerfield Planned Unit Development (PUD) at 12` West and 6` South, to include • • all of the thirty-one (3 1) conditions in the Planning Staff review, except to change condition number 9 ( #9) to read `Sideyard setbacks shall not be less than 5 feet. " Thaine Robinson seconded the motion. None opposed. Motion carved. General Proposed Conditions of Approval 1. The final master plan/final plat application for each phase shall include all required submittal standards and incorporate all conditions of approval. 2. All recommendations and requirements from the City Engineer shall be adhered to and incorporated in the submittal of each phase's final master plan1final plat. 3. Language shall be clear in the CC &Rs that no approval granted by the HOA or Architectural Committee shall violate City Code (e.g. accessory structures, building heights, fencing, location of building on lot, etc.). 4. The final CC &Rs shall be reviewed and approved by the City Attorney prior the recordation of a plat. 5. Requirement of the underlying zoning prevails where no specific requested variation has been considered and granted in this PUD request. 6 The City's clear vision area of 30 feet shall be observed. These areas shall be clear of all permanent and temporary obstructions. Driveways shall not be included in the clear vision areas as parked vehicles constitute a temporary obstruction. Vegetation and fencing in these areas shall follow City standards. 7. Block 11, Lot 27 shall be allowed to be a created lot in this subdivision of land, but shall not be considered part of this PUD master plan approval. This will require the owner of Block 11, Lot 27 to apply for a separate PUD in the future if he should wish to develop it as a PUD. All requirements of the LDR2 zone or current zone shall apply to lot 27, and no part of this PUD overlay shall apply to this lot. 8. No garages or carports shall be located within 20 feet of a front property line in order to ensure adequate space for off - street parking (15 feet is not deep enough for the City's parking standards) and to allow for a streetscape not dominated by garage doors, which is in harmony with planned unit development that seek a more traditional neighborhood ambiance. In addition, this reduced setback shall only be granted to allow for well defined porch areas, not just the fronts of buildings. This would apply to all types of residential uses. Other land uses such as churches, parking lots, etc shall maintain the setbacks as required under the LDR2 zone. 9. All side yard setbacks shall not be less than S feet. 10. All rear yard setbacks shall follow those as defined in the LDR2 zone, rather the 1 S foot fixed setback as requested. 11. If final platting requires adjustments to lot dimensions, then those changes shall be substantially the same as those found on this preliminary plat. If changes are substantially different than what is found in the preliminary plat proposal then the applicant shall re- submit a preliminary master plan/preliminary plat. 12. The City Engineer may determine that any of the roads may function as collector roads which may need greater right -of -way. The applicant shall discuss this with the City Engineer and any required modifications shall be shown on the final plat. 13. The developer shall explore safe routes to school, specifically the new elementary school and the new high school. Proposed improvements should receive support by the Madison School District, the City's Traffic Safety Committee, and the City Engineer, prior to submitting for final plat approval for any phase. The proposed 0 0 improvement should include improvement details, costs of improvements, agreements between parties for funding, and a timeline for installation of improvements. Bonding for improvements may be required as part of the development agreement the developer will make with the City of Rexburg, as determined by the City Engineer. 14. The applicant, in promoting pedestrian connectivity and safety, has provided an easement, or access way in the south east portion of the PUD which is intended to provide a pedestrian connection from the PUD to 1000 South (7 South). Unfortunately, when overlaying the proposed PUD on an aerial photo this connection appears to interfere with the property to the east and therefore, the applicant shall provide more information as to the connection's feasibility during the final master plan/final platting for this phase, which is Phase 1. 15. In order for the City to maintain an efficient transportation network in and around the proposed PUD, the applicant shall provide additional road connections to adjacent property and roads consistent with Figure I of this staff report, or as modified by the City Engineer. 16 Traffic Impacts the development shall incorporate all recommendations found in the provided traffic impact study. In addition, the development shall incorporate to all onsite and offsite improvements to streets and roads that the City Engineer may identify as being necessary to mitigate impacts of the proposed development. Performance Standards 17. Utilities All new utilities must be placed underground. 18. Water Conservation The final master plan for each phase shall show, in sufficient detail, how the proposal will incorporate low volume irrigation systems throughout the landscaped areas of the development. 19. Individual lot owners shall be required to incorporate low volume irrigation systems throughout their landscaped areas; this requirement shall be stated in the CC &Rs under Section 4.13. 20. Refuse Bins Individual trash bins shall be screened form the public right -of -way on days of no trash service in the neighborhood. 21. Future trash receptacles intended for trash service pick -up and that are placed in the common areas such as proposed parks must be screened in a manner that is similar in material and character of the neighborhood. This shall be incorporated in the final CC &Rs. 22. Glare Reduction The proposal must adhere to the City's lighting standards, details shall be provided with the final master plan/final plat for each phase. Common Open Space 23. Required Common Open Space The applicant shall consider not only proposing an open space /park at 10 acres in size, but shall also work with the City in determining if this area should be a City park. 24. Maintenance As the common areas are proposed to be private rather than public, the homeowners association shall be responsible for common space maintenance. Until such time as a homeowners association is established, the applicant or owner of record shall be responsible for all maintenance of common areas and all unsold lots. 25. Hardscape In order to determine hardscape percentages the final landscape plan, submitted with the final master plan, shall provide detailed information on hardscape percentages. 0 0 26 Common Activity Areas areas need to be provided at a ratio of 1000 square feet per single family lot, which amounts to 11. S acres of common activity area for this PUD. These area need to include playground equipment or pathways with benches and tables through natural or landscaped areas. This requirement shall be shown on the final landscape plan to be submitted with the final master plan /final plat application for each phase. 27. Landscaping Per Unit The applicant has not addressed this requirement during the preliminary master plan1preliminary plat phase, therefore the final master plans for each phase shall reflect this on landscape plans. In addition, the final CC &Rs shall have the PUD ordinance requirement written into the CC &Rs. The final landscape plan shall to consider solar access as required by the PUD ordinance in the placement of deciduous and evergreen trees. 28. Water Conservation The final landscape plan shall identify drought tolerant species being used and where zones are located within the common space areas that can maximize water conservation by incorporating plants that have similar water usage demands. Master Plan Approval Time Limitations 29. The proposed preliminary master plan /preliminary plat shall expire within two years of approval if a final master plan/final plat has not been reviewed and approved by the City within that time. This requires that a complete final master /final plat for phase I be submitted to the City for review and approval within 1.5 years of approval of this preliminary master plan/preliminary plat or the preliminary master plan/preliminary plat will expire. 30. Each additional phase (or remainder of unplatted portions of the proposed preliminary master plan/preliminary plat) shall expire within two (2) years of the approval of a previous phase in the order as shown on the proposed preliminary master plan, unless a final master plan /final plat is reviewed and approved by the City within that time. This will also require the complete application for a final master plan/final plat be submitted to the City within 1. S years of the previous approval. 31. An extension of up to one year per phase maybe requested by the applicant. A request for extension must be reviewed and approved by the Planning and Zoning Commission prior to any expiration date. In addition, once a final plat has been approved by the City, it must be recorded with the County within 6 months or it becomes null and void. The Summerfield Planned Unit Development Preliminary Master Plan is a 139 to 140 acre subdivision with 502 dwelling units, 38 twin homes, 126 town homes, and 338 single family homes. There will add an estimated 1,862 residents. He asked the City Council to uphold the Planning and Zoning Commissions recommended conditions, including road stub -outs, parks, and safe routes to school. The developer is providing a safe route to the Burton Elementary School through the new development. The school district and this developer must work together to come up with a safe road crossing on West 7`" South (1,000 South) to the Burton Elementary School. Additional road stub outs are required to the east and to the south. It is good planning to have the stub outs for the future. If the neighborhood ever wanted to reduce their zoning to an LDR -2, they would have to have stub out connections. Council Member Erickson reviewed the additional road connections. He pointed out four stub outs on one side, and three stub outs on the other side of the development. He stated some roads stub out into 0 0 other residents' property across the development boundary. 12`" West is a serious situation for getting children to school (adding sidewalks) and must be addressed in the approval process. Planning and Zoning Administrator Leikness indicated the school district does have some off site improvement monies for addressing these issues of funding sidewalks, etc. Council Member Erickson discussed funding options on 12` West to help the children walk to school. One idea was an LID for the area. Council Member Stevens was concerned one stub out was being directed to the neighbor's back yard. How many stub outs does the development need. Planning and Zoning Administrator Leikness stated that he hopes to form a road to straddle the property line. Council Member Stevens requested buffering (berm, etc.) to help protect the neighbors. Planning and Zoning Administrator Leikness stated that there was at present a canal that buffers the neighborhoods. Council Member Erickson indicated the Holly property has a big cul -de -sac that could be joined into a road system. The city code on time limits may not be possible due to the size of the development. Council Member Schwendiman discussed approving a future plat within two years. He asked if the time line could be extended to three years. Five years may be too long. Planning and Zoning Administrator Leikness stated that if the development dies at some point, it should be planned to be developed in a timely manner to encourage future development to continue at the current standards. He has seen a subdivision undeveloped for 20 years. Roads and other amenities were never required so it became a nightmare. It is nice to keep things current and flexible enough to have a nice development. If two years is not enough time to move to the next phase, maybe three to five years would work. The two year time line to move from phase to phase discourages developers from biting off more than they can chew. Council Member Mann asked if there has been a deal made with the church that is already there. Planning and Zoning Administrator Leikness stated that it is a done deal. Council Member Schwendiman is concerned with having basements in the area. Council Member Erickson said the canal will be kept full of water. One of the canals will be piped. Council Member Stevens asked whose responsibility it is to investigate flooding potential. City Attorney Zollinger indicated FEMA dictates flood plain requirements. An associate of Karchner Homes said they have been using piezometers for over 1 '/z years to test for the water depth and the meters show dry ground eight feet deep. Council Member Woodland has seen the sub in this area at two feet. Council Member Schwendiman asked the runoff water is being maintained on site. Planning and Zoning Administrator Leikness said yes. Discussion on surface area water rights. Troy Kartchner said a group wants to mitigate surface water rights to be able to pump sub - surface water. Mayor Larsen explained it is a way to convert surface water rights to sub - surface water rights. Council Member Schwendiman reminded the City Council of the city's policy requiring surface water rights to be transferred to the city when the property is developed. City Attorney Zollinger said the water rights transfer is subject to negotiations with the city through the Public Works Director. Mr. Kartchner and Public Works Director Millar have been negotiating the issue to add new sub - surface water well on site for a city well. Discussion on using surface water rights to water the lawns and common areas. Council Member Stevens moved to approve Summerfield Planned Unit Development Preliminary Master Plan and Preliminary Plat for Phase One with 68 foot right -of -ways including the Planning and Zoning Conditions; Council Member Mann seconded the motion: Discussion: Council Member Schwendiman recommended three years for a limit with a one year extension possible between phases; Council Member Stevens modified his motion to have a three year limit between phases with a one year extension possible; Council Member Mann seconded the amended motion; Planning and Zoning Administrator Leikness reaffirmed the proposal for a Planned Unit Development Preliminary Master Plan and Preliminary Plat for Phase One. Final Plats (Phase One; Phase Two; Phase Three; and Phase Four) will come at a later date. Mr. Kartchner clarified by asking if the phases are the constructions phases. He has five construction phases developed at five different times in Phase One of the development. No just the plating phases. He was concerned because phase one of 150 units in the construction phase will take awhile. Council Member Stevens confirmed the maximum time allowed for Phase One of the development would be four years including the extension period of one year; otherwise Phase One could be drawn out ten years. Mr. Kartchner explained the reasoning for the larger phases was to help provide the common areas up front due to the density of each area. Planning and Zoning Administrator Leikness added to Mr. Kartchner's remarks by stating that if he wanted to build town homes and small lots, PUD code states that you cannot come in during Phase One, build a lot of homes at maximum density, and then the project dies. Each phase of the PUD must meet the underlying density, which is why he has a larger phase because he has to offset the smaller lots with larger open space areas. Council Member Mann wanted to include working with the Trails of Madison County and look at it before the final plat. Discussion on Staff Review which covers "Safe Routes to School" and changing the language to say providing "Safe Routes to School ". Council Member Erickson wanted the language to say "Provide Safe Routes to School" All voted aye, none opposed. The motion carried. Planning and Zoning Department STAFF REPORT 12 North Center garyl@rexburg.org Phone: 208.359.3020 x314 Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3024 ` � O � gE X B uRC lQ U'� G CI T Y OF REXBURG _ _ __ Ow Americas Family Community SUBJECT: Planned Unit Development, file #08 00064 and #08 00316 Summerfield Preliminary Master Plan and Preliminary Plat APPLICANT: Troy Kartchner 601 West 1700 South Logan, Utah PROPERTY OWNER: Same as Above PURPOSE: Establishment of a Planned Unit Development (PUD) through the approval of a Preliminary Master Plan and a Preliminary Plat. PROPERTY LOCATION: 2540 West 1000 South (near 12 West and 7 South) Rexburg, ID 83440 PROPERTY ID: RPRXBCA0264803 COMPREHENSIVE PLAN: ZONING DISTRICT: City of Rexburg Development Code APPLICABLE CRITERIA: City of Rexburg Development Code (Ordinance Code 926) § 4.15 Planned Unit Development (PUD) Ordinance 658 and 708, Subdivision Ordinance AUTHORITY § 4.15(S)(1) The Commission shall recommend to the City Council that the proposed PUD be approved, approved with conditions, or denied. I. BACKGROUND The applicant has requested approval of a Planned Unit Development for purposes of creating a neighborhood of 502 total dwelling units: 38 twinhomes, 126 townhomes, and 338 single - family lots. The applicant has utilized the PUD ordinance to allow for clustering and variations from the standards of the underlying zoning. This PUD would potentially allow for 1862 people based on Rexburg's average household size of 3.71 people 1 City of Rexburg DRAFT Comprehensive Plan 2020, pg 21 Case No. 08 00064 & 08 00316 Page 1 0 • e The PUD ordinance can be applied to any residential zone and is a permitted land use if it can be found that all applicable criteria for granting PUDs is met. Therefore, the City, upon receipt of a PUD request should review the proposal and either approve, deny, or approve with conditions. II. SITE DESCRIPTION The subject property is 182.76 acres, but the applicant is suggesting that Block 11, Lot 27 is not to be calculated as part of this PUD. Therefore, only 139.23 -acres are included in the calculated area of this PUD. Block 11, Lot 27 should be allowed to be a created lot in this subdivision of land, but should not be considered part of this PUD master plan approval. This would require the owner of Block 11, Lot 27 to apply for a separate PUD in the future if he should wish to develop it as a PUD. All requirements of the LDR2 zone or current zone shall apply to lot 27, and no part of the PUD overlay should created by this current request shall apply to that lot see proposed conditions of approval). The site is located north of W 7 th South and West of S 12 West. As proposed, the site will be accessed from 12 West and from 7 th South III. SUBSTANTIVE CRITERIA The following is a review of the minimum requirements of a PUD as well as determination of density and any related bonuses. Please refer to the PUD ordinance to view the entire description of each criteria, staff has only provided the headings followed with a review of each criteria. a. Uses Permitted- The applicant is requesting only residential uses, therefore this criterion does not apply. b. Minimum Area- The proposal is for 139 acres (not including Block 11, Lot 27). which exceeds the minimum of 3 -acres for a residential PUD. This criterion is met. c. Variations to Underlying Zoning- The applicant is requesting the following variations to the underlying LDR1 zoning: i. Front yard setbacks The LDR2 zone requires a 25 -foot setback from property line to front of building. Where a boulevard (landscape strip) is provided along the street, a 20- foot setback can be observed. The applicant is proposing that all front yards be reduced to a 15 -foot setback. Staff recommends that this PUD approval not allow garages or car ports to be located within 20 feet of a front property line in order to ensure adequate space for off - street parking (15 -feet is not deep enough for the City's parking standards) and to allow for streetscape not dominated by garage doors, which is in harmony with PUDs that seek a more traditional neighborhood ambiance. In addition, this reduced setback should only be granted to allow for well defined porch areas, not just the fronts of buildings. This would apply to all types of residential uses. Other land uses such as churches, parking lots, etc should still maintain the setback as required under the LDR2 zone. See proposed conditions of approval. The Commission may even look at allowing front yards to be reduced to 15 -feet in exchange for requiring garages and carports to be set back 25 -feet regardless of a boulevard provision in Ordinance 926. ii. Side yard setbacks The LDR2 zone requires a setback that is based on height (half the building height with a 6 -foot minimum). The applicant is requesting a reduced setback of 5 feet for all lots. There appears to be no justification for this request in the application material. Therefore, staff recommends not granting this reduced setback and recommends that the LDR2 side yard setbacks continue to apply (see proposed conditions of approval). Should the request be granted then it should not apply to any structure other than a single family detached home. iii. Rear yard setbacks The LDR2 zone requires a 20 -foot rear yard setback. The applicant is requesting a 15 -foot setback. There appears to be no justification for this request in the Case No. 08 00064 & 08 00316 Page 2 • application material. Therefore, staff recommends not granting this reduced setback and recommends that the LDR2 rear yard setbacks continue to apply (see proposed conditions of approval). iv. Lot size and dimensions the applicant is requesting that the lot sizes be reduced in both area and dimensional standards. Such a request is what allows a PUD to create a clustered development that allows greater diversification between buildings and open space. Staff supports this variation only as shown on the preliminary plat. If the final platting requires adjustments to lot dimensions, then those changes should be substantially the same as those found on this preliminary plat. If changes are substantially different than what is found in the preliminary plat, then the applicant should re- submit a preliminary master plan/preliminary plat (see proposed conditions of approval). d. Street Standards- The proposal incorporates current City street and right -of -way standards. No variations have been requested. The City Engineer may determine that any of the roads may function are collector roads and may need greater right -of -way. The applicant should be prepared to have this discussion with the City Engineer and should show revised rights -of -way on the final plat (see proposed conditions of approval). e. Density Determination- The site, before any density bonuses are applied, has the potential to yield a density of 526 residential units, or lots. The applicant has requested only 502 units in the current PUD proposal. E Minimum Performance Standards - i. Single Ownership or Control The development will remain under single control by the developer until such time as a homeowner's association is established which will enforce the standards of this PUD and the material found in the covenants, conditions, and restrictions (CC &Rs). ii. Scope of Plan The entire parcel under ownership of the applicant is included in the proposal with the exception of Lot 27 of Block 11. iii. Design Team A design team must be formed and will be identified on all material submitted for the final master plan. iv. Natural Features The land involved in the proposal does not include natural features that should be considered for preservation. v. Utilities All new utilities will be placed underground. vi. Phasing The project is proposed to be completed in four (4) phases, with multiple construction phases within each of the four phases. The only remnant parcel is Block 11, Lot 27. According to the PUD ordinance, this parcel, as a remnant parcel should be identified as "open space." However, rather than labeling this as "open space" this parcel should be treated as staff has listing in the above section II, Site Description. vii. Water Conservation The final master plan should show how, in detail, the proposal will incorporate low volume irrigation systems throughout the landscaped areas of the development (see proposed conditions of approval). Individual lot owners should be required to do the same; this should be stated in the CC &Rs (see proposed conditions of approval). viii. Refuse Bins Individual trash bins should be screened from the public right -of -way on days of no trash service in the neighborhood. Any future trash receptacles intended for trash service pick -up placed in the common areas such as the proposed park areas must be screened in a manner that is similar in material and character of the neighborhood. This should be incorporated in the CC &Rs (see proposed conditions of approval). ix. Glare Reduction The proposal must adhere to the City's lighting standards which require glare reduction and respect the safety aspect of lighting as well as recognition of the valuable night sky (see proposed conditions of approval). Case No. 08 00064 & 08 00316 Page 3 g. Common Open Space i. Required Common Open Space This standard requires that each PUD provide at least 10% of the gross area as open space and recreational area. The applicant is proposing collectively 15.91- acres. As the gross area is 139.23- acres, this only requires the developer to incorporate 13.9 acres for open space /recreation area. The Planning Commission should determine if what is being proposed meets the intent of the PUD ordinance. The proposal may need to consolidate some of the areas designated as open space areas at the ends of blocks and behind buildings into a significantly sized area of open space /park area. Admittedly, the applicant needs to be creative with regards to providing areas for drainage as this is very flat site. However, it appears that what is being proposed may be so divided up that a significant open space /recreation element is lost. This area could very well benefit from a park the size of Porter or Smith park (10 acres). Indeed, these park sizes accommodate well the active sports programs that many children and adults in the community are involved in. By providing a larger and consolidated open space area, this likely would reduce the need for citizens in this area to travel to parks such as Smith or Porter for activity practices and competitions. The applicant should consider not only proposing an open space /park at 10 acres in size, but should also work with the City in determining if this area should be a City park. The City's subdivision ordinance requires this consideration for subdivisions involving over 100 units (Ordinance 658, Section 3.5 Public Site, Open Space and Natural Features). See proposed condition of approval. It appears that the townhome open space areas may be for the exclusive use of the townhomes and not for the overall development (see Article II, Section 2.07(iv)(a)). This would suggest private ownership and would be more of a yard, rather than open space /recreation area for the benefit of the neighborhood. ii. Dedication of Land for Public Use No portion of the open space is proposed to be dedicated for public use at this time. However, the City's subdivision regulation requires that for developments of over 100 units, 10% of the open space and park lands are required to be offered to the City at fair market price at time of development. iii. Maintenance As the common areas are proposed to be private rather than public, the homeowners association will be responsible for common space maintenance, as stated in the proposed CC &Rs. Until such time as a homeowners association is established, the applicant shall be responsible for all maintenance of common areas and all unsold lots (see proposed conditions of approval). iv. Clustering The ability to provide open space elements to this development is provided through the clustering of lots. The Commission should determine if the lots in general have been oriented towards the common space elements. The open space areas need to be focal points for the neighborhood and should be interconnected with the neighborhood's internal sidewalk/trail network. The Commission should also decide whether the open space elements are interconnected and are focal points for the neighborhood. v. Hardscape Staff was unable to determine hardscape percentages, as the final landscape plans are not yet submitted. Only preliminary plans are required at this time; the final landscape plan should be submitted for review and approval with the final master plan application (see proposed condition of approval). Case No. 08 00064 & 08 00316 Page 4 • vi. Common Activit Areas_ Details of open space elements including the central park area have been provided and includes common activity area. The PUD ordinance requires that common activity areas are provided at a ratio of 1000 square feet per single family lot. As all lots in this PUD area considered single family lots, the applicant needs to provide 11.5 acres of common activity area. These area need to include playground equipment or pathways with benches and tables through natural or landscaped areas. This criterion further suggests the need for a larger consolidated open space /park area and possibly trail system that would satisfy this requirement. The Commission should determine if this requirement is met. This requirement should be shown on the final landscape plan to be submitted with the final master plan/final plat application for each phase (see proposed conditions of approval). vii. Landscaping Per Unit The applicant has not addressed this requirement. The final master plan for phase I should reflect this on the landscape plans. In addition, the final CC &Rs should have the ordinance requirement written into the CC &Rs (see proposed conditions of approval). The final landscape plan needs to consider solar access as required by the PUD ordinance in the placement of deciduous and evergreen trees. viii. Water Conservation The final landscape plan should incorporate this requirement by identifying what drought tolerant species are being used and where zones are located within the common space areas that can maximize water conservation by incorporating plants that have similar water usage demands (see proposed conditions of approval). h. Density Bonuses- In the LDR2 zone, the range of housing density is set between 5.45 units per net developable area (Units/NDA), and 7.62 Units/NDA. The density of a PUD without density bonuses is 7.62 units/NDA. The applicant is not proposing to utilize density bonuses, therefore this section of the PUD ordinance is met. i. Density Bonus Calculations- This section does not apply to this proposal as no density bonus is being requested.. j. Density Bonus Design Requirements- This section does not apply as no density bonus is being requested. IV. ANALYSIS To approve a planned unit development certain criteria must be addressed and met. Below are those established criteria followed by staff's analysis. a. The proposed planned unit development is in compliance with the City's comprehensive plan and will be substantially compatible with existing development in the surrounding area; and undeveloped land in the surrounding area can be developed in a manner substantially compatible with the proposed planned unit development. L Comprehensive plan The Comprehensive Plan Map designates this area as residential, therefore the proposal is in compliance with that component of the Comprehensive Plan. The Commission might make additional findings for compliance with the Comprehensive Plan should it be necessary. ii. Safe routes to school The proposal will be directly north of the new Burton Elementary school and the new High School. There will be the potential for a large number of children to walk or ride bicycles to school. Therefore the applicant should explore safe routes to the schools. This should include ways to cross 1000 South (7` South), which may include off -site improvements. The school district in obtaining a conditional use permit recently was required to commit to partnering with such a developer on helping to pay for costs of such Case No. 08 00064 & 08 00316 Page 5 r improvements. Improvements may include flashing crosswalk lights, striping, ADA ramps, etc. Proposed improvements should receive support by the Madison School District, the Traffic Safety Committee, and the City Engineer, prior to submitting for final plat approval for any phase. The proposed improvement should include improvement details, costs of improvements, agreements between parties for funding, and a timeline for installation of improvements. Bonding for improvements should be required as part of the development agreement the developer will make with the City of Rexburg. The above language has been proposed as a condition of approval. The applicant, in promoting pedestrian connectivity and safety, has provided an easement, or access way in the south east portion of the PUD which is intended to provide a pedestrian connection from the PUD to 1000 South (7 South). Unfortunately, when overlaying the proposed PUD on an aerial photo this connection appears to interfere with the property to the east and therefore, the applicant should provide more information as to the connection's feasibility during the final master plan/final platting for this phase, which is Phase 1 (see proposed conditions of approval). iii. Smaller lots next to existing larger lots The proposal is surrounded by farm land and single family homes. As a residential use, the proposal will be compatible with existing and developing land uses. However, farm land and residential land does have some inherent incompatibilities generally related to hours of farming and dust. These future homeowners are "coming to the nuisance" and therefore should understand the potential nuisances and are willing to cope with them until such time as adjacent farmland is converted to residential. Most homeowners enjoy the open space feeling that farms provide, so it is a balance. There are large lot homes to the north of this project. With lots being proposed that are around 8000 square feet in size, the Commission should determine if these proposed lots are compatible with the existing large lot single - family homes to the north. There is a canal which currently acts as a buffer between the lots. It is anticipated that as this proposed PUD develops, many of the larger lots in the area may seek to be further subdivided which will ultimately increase compatibility. iv. Road alignments Road alignments should allow for vehicles to easily navigate north to south and east to west without too much meandering or roads. This proposal does not closely adhere to the City's grid system which has been identified as being a critical component to new development. This proposal must adhere to the currently adopted comprehensive plan which does not stress the importance of grid to the same degree. Nevertheless, the proposal does minimize meandering streets and adheres somewhat to an internal grid. If the road identified as 1500 West connects through to the north and neighboring properties cooperate through annexation, subdivision, and development, a north south connection could continue to Highway 33. v Road connections, "stub- outs" It is apparent that the applicant has been working to establish appropriate road "stub - outs", or connections to adjacent parcels of land to provide maximum interconnectivy of roads and neighborhoods as the City grows and develops. Case No. 08 00064 & 08 00316 Page 6 0 As future subdivision of land adjacent to this property will be required to adhere to the City's street grid, it would be wise for the developer to adjust road connections to the west and north to closely adhere to the street grid in this area as identified on the 2020 Comprehensive Plan Map, if it is adopted. This would be appropriate because this involves later phases of the PUD. This would likely require additional "stub- outs" to the west and to the north (see proposed conditions of approval). Staff recommends a "stub - out" to be established to connect to the west side of Lot 27 of Block 11 (see proposed conditions of approval). Staff also recommends that an additional two "stub- outs" be provided for the west side of the parcel identified as being owned by Mary Ann Beck. One of which should intend to line up with Arctic Willow Drive to the east as Mary Ann's property is developed (see proposed conditions of approval). Staff also recommends an additional "stub -out" be provided to the north side of the parcel that is located generally in the southwestern portion of the PUD (see proposed conditions of approval). Figure 1 below provides a graphic depiction of these potential road connections. vi. Traffic impacts A development of this size when completed will have impacts on the existing road infrastructure. As a result of these foreseeable impacts the City has required the applicant to produce a traffic impact study prepared by a transportation engineer. The study has identified potential impacts on surrounding roads and intersections. The study has proposed recommendations for mitigation of these potential impacts. Staff would Case No. 08 00064 & 08 00316 Page 7 Figure 1. Potential Additional Road Connections 0 • recommend a condition of approval that requires the developer to adhere to all recommendations the traffic impact study has identified. In addition, the development should adhere to all onsite and offsite improvements to streets and roads that the City Engineer may identify as being necessary to mitigate impacts of the proposed development. See proposed conditions of approval. vii. Street lights and exterior lights The applicant has provided information suggesting that decorative lights will be used throughout the PUD which will enhance the ambiance of the development. These lights will need to be Dark Sky Compliant and adhere to the City's lighting ordinance. Therefore, a condition of approval should be that as part of the final master plan/final platting of any phase, proposed lighting, whether they are street lights, park lights, or other, should be shown how they comply with the City's lighting ordinance and are Dark Sky compliant (see proposed conditions of approval). b. The number of years proposed for completion of the development or each phase of the development is reasonable, taking into consideration the possibility of changing land use patterns in or requirements of the city over time. In order to ensure that the development will be compatible with land use patterns in and requirements of the city at the time of approval of a final master plan, the planning commission shall recommend and the Council shall establish an expiration date for the preliminary master plan approval, not sooner than two years after approval of the preliminary master plan; may impose conditions requiring that a final master plan or phases thereof be submitted for commission review within a specified period or periods of time, not sooner than one year after approval of the preliminary master plan; or may impose conditions requiring commission and Council re- evaluation of as yet unbuilt portions of the development, for conformity with then - existing city zoning ordinance requirements in relation to then - existing conditions, not sooner than five years after approval of the preliminary master plan, and at such periodic intervals of not less than five years thereafter as the commission and Council deems appropriate to ensure conformity. The applicant proposes that the PUD approval to be in four (4) phases. The applicant has further broken down each phase into construction phases. The applicant has not stated when the phases will be completed. Staff recommends that this proposed preliminary master plan/preliminary plat expire within two years of approval if a final master plan/final plat has not been reviewed and approved by the City within that time. This will require that a complete final master /final plat for phase 1 must be submitted to the City for review and approval within 1.5 years of approval of this preliminary master plan/preliminary plat or the preliminary master plan/preliminary plat will expire. Each additional phase (or remainder of unplatted portions of the proposed preliminary master plan/preliminary plat) should expire within two (2) years of the approval of a previous phase in the order as shown on the proposed preliminary master plan, unless a final master plan/final plat is reviewed and approved by the City. An extension of up to one year per phase may be requested by the applicant. A request for extension must be reviewed and approved by the Planning and Zoning Commission prior to any expiration date. In addition, once a final plat has been approved by the City, it must be recorded with the County within 6 months or it becomes null and void. See proposed conditions of approval. c. Construction of the development can be accomplished in a manner that does not create unreasonable negative impacts on the area surrounding the development or in the city. In order to assure the avoidance or mitigation of negative construction impacts on the area Case No. 08 00064 & 08 00316 Page 8 0 • surrounding the development or in the city, the planning commission and Council may impose conditions including but not limited to: L Requirements that removal of existing landscaping during construction be limited to areas of the planned unit development to be constructed shortly following removal and to portions of those areas on which construction will occur, ii. Prohibitions of open burning on the site during construction; iii. Restrictions on construction noise, and iv. Restrictions on construction traffic. It is not anticipated that construction of the development will create any unreasonable negative impacts on the surrounding area as the area is generally undeveloped. In addition, most truck traffic will not be required to go through local streets, rather trucks will use 12 West and 1000 South, both collector streets. The Commission should explore this criterion after pubic testimony and determine if any conditions of approval should be applied. d. The development will not create unreasonable negative impacts on the area surrounding the development or in the city. In order to assure the avoidance or mitigation of negative impacts, the planning commission may require the filing of restrictions in the county deed records including but not limited to restrictions: L Prohibiting the removal of specified landscaping, and ii. Prohibiting open burning during construction. It is not anticipated that the development itself will create unreasonable impacts on the area surrounding the PUD, therefore this criterion is met. e. Street, water, sewer, drainage and drainage pre- treatment, storm water detention, and other similar facilities in the area surrounding the development and in the city are or will be adequate to provide for the health, safety and welfare for the development's population densities and the type of development proposed, taking into consideration existing and projected future demands on those facilities. Street, water, sewer, drainage and drainage pre- treatment, storm water detention, and other facilities are either located in the immediate area or will be extended for use of the site by the applicant. The applicant is intending to connect to all City services. Greater detail regarding all utilities will be required for the submission of a final master plan, and should be sufficient in detail for the city Engineer to determine adequacy and feasibility. The City Engineer will determine if proposed infrastructure is adequate for the proposed PUD as well as future development in the surrounding area. Based on the availability and installation of infrastructure in the vicinity this criterion is met. f. Street, water, sewer, drainage and drainage pre- treatment, storm water detention, and other similar facilities proposed to be constructed as a part of the development are adequate to provide for the health, safety and welfare for the population densities and the type of development proposed. The applicant has submitted preliminary details regarding the above mentioned facilities. Following established City standards for the installation of required infrastructure, the development, internally, will provide all utilities enjoyed by citizens of Rexburg; therefore this criterion is met. A thorough review of proposed utility infrastructure prepared by the applicant's engineers and be reviewed by the City Engineer to determine if they meet minimum City standards. This review will be completed by the City engineer prior to the signing of any final plats for this proposal. Therefore, this criterion is met. Case No. 08 00064 & 08 00316 Page 9 g. The proposed number of residential units does not exceed the maximum permitted number of residential units; and at least twenty percent of the gross area is dedicated to landscaping. For purposes of computing area dedicated to landscaping, dedicated open space and protected resource areas may be treated as area dedicated to landscaping, but parking areas may not. As was previously determined, the applicant has requested a density 502 dwelling units, which is below the 527 dwelling units that could have been requested; therefore this criterion is met. V. STAFF RECOMMENDATION Staff recommends that the Commission take public testimony and determine if the proposed planned unit development can be approved, denied, or approved with conditions. Following this determination, the Commission should make a recommendation to the City Council accompanied with findings that support such a recommendation. Should the Commission choose to recommend approval with conditions, staff has provided conditions of approval for consideration (see below). Also, the Commission may determine that a revised preliminary master plan/preliminary plat needs to be submitted if major /substantive modifications are needed before a determination approval status can be made. Proposed Conditions of Approval General 1. The final master plan/final plat application for each phase shall include all required submittal standards and incorporate all conditions of approval. 2. All recommendations and requirements from the City Engineer shall be adhered to and incorporated in the submittal of each phase's final master plan/final plat. 3. Language shall be clear in the CC &Rs that no approval granted by the HOA or Architectural Committee shall violate City Code (e.g. accessory structures, building heights, fencing, location of building on lot, etc.). 4. The final CC &Rs shall be reviewed and approved by the City Attorney prior the recordation of a plat. 5. Requirement of the underlying zoning prevails where no specific requested variation has been considered and granted in this PUD request. 6. The City's clear vision area of 30 -feet shall be observed. These areas shall be clear of all permanent and temporary obstructions. Driveways shall not be included in the clear vision areas as parked vehicles constitute a temporary obstruction. Vegetation and fencing in these areas shall follow City standards. 7. Block 11, Lot 27 shall be allowed to be a created lot in this subdivision of land, but shall not be considered part of this PUD master plan approval. This will require the owner of Block 11, Lot 27 to apply for a separate PUD in the future if he should wish to develop it as a PUD. All requirements of the LDR2 zone or current zone shall apply to lot 27, and no part of this PUD overlay shall apply to this lot. 8. No garages or car ports shall be located within 20 feet of a front property line in order to ensure adequate space for off - street parking (15 -feet is not deep enough for the City's parking standards) and to allow for a streetscape not dominated by garage doors, which is in harmony with planned unit development that seek a more traditional neighborhood ambiance. In addition, this reduced setback shall only be granted to allow for well defined porch areas, not just the fronts of buildings. This would apply to all types of residential uses. Other land uses such as churches, parking lots, etc shall maintain the setbacks as required under the LDR2 zone. Case No. 08 00064 & 08 00316 Page 10 0 0 9. All side yard setbacks shall follow those as defined in the LDR2 zone, rather than the 5 -foot fixed setback as requested. 10. All rear yard setbacks shall follow those as defined in the LDR2 zone, rather the 15 -foot fixed setback as requested. 11. If final platting requires adjustments to lot dimensions, then those changes shall be substantially the same as those found on this preliminary plat. If changes are substantially different than what is found in the preliminary plat proposal then the applicant shall re- submit a preliminary master plan/preliminary plat. 12. The City Engineer may determine that any of the roads may function as collector roads which may need greater right -of -way. The applicant shall discuss this with the City Engineer and any required modifications shall be shown on the final plat. 13. The developer shall explore safe routes to school, specifically the new elementary school and the new high school. Proposed improvements should receive support by the Madison School District, the City's Traffic Safety Committee, and the City Engineer, prior to submitting for final plat approval for any phase. The proposed improvement should include improvement details, costs of improvements, agreements between parties for funding, and a timeline for installation of improvements. Bonding for improvements may be required as part of the development agreement the developer will make with the City of Rexburg, as determined by the City Engineer. 14. The applicant, in promoting pedestrian connectivity and safety, has provided an easement, or access way in the south east portion of the PUD which is intended to provide a pedestrian connection from the PUD to 1000 South (7 South). Unfortunately, when overlaying the proposed PUD on an aerial photo this connection appears to interfere with the property to the east and therefore, the applicant shall provide more information as to the connection's feasibility during the final master plan/final platting for this phase, which is Phase 1. 15. In order for the City to maintain an efficient transportation network in and around the proposed PUD, the applicant shall provide additional road connections to adjacent property and roads consistent with Figure I of this staff report, or as modified by the City Engineer. 16. Traffic Impacts the development shall incorporate all recommendations found in the provided traffic impact study. In addition, the development shall incorporate to all onsite and offsite improvements to streets and roads that the City Engineer may identify as being necessary to mitigate impacts of the proposed development. Performance Standards 17. Utilities All new utilities must be placed underground. 18. Water Conservation The final master plan for each phase shall show, in sufficient detail, how the proposal will incorporate low volume irrigation systems throughout the landscaped areas of the development. 19. Individual lot owners shall be required to incorporate low volume irrigation systems throughout their landscaped areas; this requirement shall be stated in the CC &Rs under Section 4.13. 20. Refuse Bins Individual trash bins shall be screened form the public right -of -way on days of no trash service in the neighborhood. 21. Future trash receptacles intended for trash service pick -up and that are placed in the common areas such as proposed parks must be screened in a manner that is similar in material and character of the neighborhood. This shall be incorporated in the final CC &Rs. 22. Glare Reduction The proposal must adhere to the City's lighting standards , details shall be provided with the final master plan/final plat for each phase. Case No. 08 00064 & 08 00316 Page 11 0 0 Common Open Space 23. Required Common Open Space The applicant shall consider not only proposing an open space /park at 10 acres in size, but shall also work with the City in determining if this area should be a City park. 24. Maintenance As the common areas are proposed to be private rather than public, the homeowners association shall be responsible for common space maintenance. Until such time as a homeowners association is established, the applicant or owner of record shall be responsible for all maintenance of common areas and all unsold lots. 25. Hardscape In order to determine hardscape percentages the final landscape plan, submitted with the final master plan, shall provide detailed information on hardscape percentages. 26. Common Activity areas need to be provided at a ratio of 1000 square feet per single family lot, which amounts to 11.5 acres of common activity area for this PUD. These area need to include playground equipment or pathways with benches and tables through natural or landscaped areas. This requirement shall be shown on the final landscape plan to be submitted with the final master plan/final plat application for each phase. 27. Landscaping Per Unit The applicant has not addressed this requirement during the preliminary master plan/preliminary plat phase, therefore the final master plans for each phase shall reflect this on landscape plans. In addition, the final CC &Rs shall have the PUD ordinance requirement written into the CC &Rs. The final landscape plan shall to consider solar access as required by the PUD ordinance in the placement of deciduous and evergreen trees. 28. Water Conservation The final landscape plan shall identify drought tolerant species being used and where zones are located within the common space areas that can maximize water conservation by incorporating plants that have similar water usage demands. Master Plan Approval Time Limitations 29. The proposed preliminary master plan/preliminary plat shall expire within two years of approval if a final master plan/final plat has not been reviewed and approved by the City within that time. This requires that a complete final master /final plat for phase 1 be submitted to the City for review and approval within 1.5 years of approval of this preliminary master plan/preliminary plat or the preliminary master plan/preliminary plat will expire. 30. Each additional phase (or remainder of unplatted portions of the proposed preliminary master plan/preliminary plat) shall expire within two (2) years of the approval of a previous phase in the order as shown on the proposed preliminary master plan, unless a final master plan/final plat is reviewed and approved by the City within that time. This will also require the complete application for a final master plan/final plat be submitted to the City within 1.5 years of the previous approval. 31. An extension of up to one year per phase may be requested by the applicant. A request for extension must be reviewed and approved by the Planning and Zoning Commission prior to any expiration date. In addition, once a final plat has been approved by the City, it must be recorded with the County within 6 months or it becomes null and void. Case No. 08 00064 & 08 00316 Page 12 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, that Public Hearing will be held before the Planning & Zoning Commission of the City of Rexburg, Idaho, Thursday, August 07, 2008, at 7:30 p.m., in the City Council Chambers of the City Building at 12 North Center, Rexburg, Idaho, regarding a Preliminary Master Plan (PUD 08 00064) and a Preliminary Plat (PUD 08 00316) for a Planned Unit Development located at 2540 West 1000 South, Rexburg, Idaho. The property is currently zoned Low Density Residential Two (LDR2). The city code governing this request is ORDINANCE No. 926 "DEVELOPMENT CODE OF THE CITY OF REXBURG, IDAHO" (ADOPTED FEBRUARY 16th, 2005) and Amended 7/06/2005; 5/07/2007; 7/03/2007 The said parcel is located at 2540 West 1000 South, Rexburg, Madison County, Idaho, and more Particularly described as follows: Legal Description for Summerfield # 08 00064 Part of the southeast quarter and the east half of the southwest quarter of section 26, township 16 north, range 39 east of the Boise meridian, Madison County, Idaho described as follows: Beginning at a point which lies south 0 °22'09" east along the east line of section 26, 468.39 feet from the east quarter corner of said section 26 and running thence south 0° 22'09" east along said east line of section 26, 851.71 feet; thence south 89 °49'16'west, 1313.88 feet; thence south 0 °21'15" east, 1318.74 feet to the south line of said section 26; thence south 89 °52'48 "west along said south line of section 26, 1314.23 feet to the south quarter corner of said section 26; thence north 0 °20'21" west, 550.00 feet; thence south 89 °53'18" west, 871.20 feet; thence south 0 °20'21 "east, 550.00 feet; thence south 89 °53'18 "west 444.94 feet; thence north 0 °15'50 "west, 2631.88 feet; thence north 89 ° 45'44 "east, 3474.74 feet: thence south 0 ° 22'09" east, 468. 39 feet; thence north 89 ° 45'44" east, 465.00 feet to the point of beginning. Containing 182.76 acres. At such hearing the Planning & Zoning Commission will hear all persons and all objections and recommendations relative to such proposed permit. The City Clerk will also accept written comments at City Hall prior to 4:00 p.m. on August 06th, 2008. This notice is given pursuant to the provisions of Section 67 -6509 and 67 -6511 Idaho Code, and all amendments thereof DATF1 day of J uly, 2008. CITY OF REXBURG O RP O It,q 1 ; B � ' 7_ T F OF `OP�p\`�� Blair D. Kay, City Clerk ublished: July 23rd, 2008 August 02nd, 2008 When Recorded, Mail To: Marty E. Moore BEARNSON & PECK, LC 399 North Main, Suite 300 Logan, UT 84321 (435) 787 -9700 0800064 Preliminary Master Plan for PUD Summerfield DECLARATION OF PROTECTIVE EASEMENTS, COVENANTS, CONDITIONS, AND RESTRICTIONS (INCLUDING OWNER ASSOCIATION BYLAWS) For SUMMERFIELD PLANNED RESIDENTIAL DEVELOPMENT AN EXPANDABLE PLANNED RESIDENTIAL DEVELOPMENT PHASE I REXBURG, MADISON COUNTY, IDAHO 1 THIS DECLARATION OF PROTECTIVE EASEMENTS, COVENANTS, CONDITIONS AND RESTRICTIONS (this "Declaration ") is made and executed this day of , 2008, by Summerfield Development, LLC ( "Declarant "), in its capacity as the owner and developer of the SUMMERFIELD PLANNED RESIDENTIAL DEVELOPMENT, a planned residential unit development in Rexburg, Madison County, Idaho. ARTICLE I — SUBMISSION The Declarant, owner in fee simple of the Property particularly described in Exhibit "A" attached hereto, located in Madison County, Idaho (the "Property"), hereby submits the Property, together with the buildings and all improvements, easements, rights -of -way, and other appurtenances and rights incident to, appurtenant to, or accompanying the Property, to be known as Summerfield Planned Residential Development, to the protective easements, covenants, conditions and restrictions described in this Declaration. ARTICLE II — DEFINITIONS When used in this Declaration and in the Bylaws, which are made a part of this Declaration as Exhibit "B," the following terms have the meaning indicated. 2.01 The "Act" means the Condominium Property Act, Idaho Code. § 15 -501, et seq. 2.02 " Additional Land means, at any point in time, all of the land in Rexburg, Madison County, Idaho, set forth and described in Exhibit "D"to this Declaration that Declarant adds to the Property pursuant to Article IV of this Declaration. 2.03 " Annual Assessment means the annual charge that will be levied and assessed against each Owner and the Owner's Lot and Unit for Association expenses as set forth in Article III of this Declaration. 2.04 " Association " means all of the Lot and Unit Owners in the Summerfield Planned Residential Development acting under the Summerfield Homeowners Association, Inc., an Idaho nonprofit corporation, in accordance with this Declaration and the Bylaws. 2.05 " Board of Trustees" or "Trustees means the Board of Trustees of the Summerfield Homeowners Association, Inc. as it exists at any given time. The Board of Trustees is the board of directors for purposes of Title 30, Chapter 3, Idaho Code. 2.06 " Bylaws " means the Bylaws of the Association as set forth in Exhibit `B" attached to this Declaration, as the same may be supplemented or amended from time to time. 2.07 " Common Areas " means and includes: 2 (i) All portions of the PRD not specifically included within individual Lots or deeded or dedicated in fee to the City of Rexburg. (ii) All common areas and facilities, open space, park area, and storm water retention areas designated as such in the Plat. (iii) All other parts of the PRD normally in common use, or necessary or convenient to the use, existence, maintenance, safety or management of the other common areas; (iv) Generally all furniture, furnishings, equipment, facilities, and other property (real, personal, or mixed) and interests therein at any time leased, acquired, owned, or held by the Association for the use and benefit of all of the Owners and all other property (real, personal or mixed) hereafter purchased by or on behalf of the Association in accordance with this Declaration. (a) "Common Areas" does not include that property described in the #I Townhomes Declaration and # 2 Townhomes Declaration as #1 Townhomes Common Areas and #2 Townhomes Common Areas or designated on the Plat as #1 Townhomes Common Areas and #2 Townhomes Common Areas. 2.08 " Common Expenses means all sums expended on behalf of all the Owners and all sums that are required by the Board of Trustees to perform or exercise its functions, duties or rights under this Declaration, any Management Agreement for the operation of the PRD, and such Rules and Regulations as the Board of Trustees may, from time to time, make and adopt. By way of illustration but not limitation, Common Expense includes: (i) Expense of administration, maintenance, operation, repair, or replacement of those elements of the Common Areas in the PRD that must be replaced on a periodic basis, and to other reserves as may, from time to time, be established under this Declaration; (ii) Expenses agreed upon by the Association and lawfully assessed against the Owners in accordance with this Declaration or the Bylaws; (iii) Expenses declared Common Expenses by the provisions of the Bylaws or this Declaration; and (iv) Any valid charge against the PRD as a whole. 2.09 " Common Profits means the balance of income, rents, profits, and revenues from the Common Areas remaining after deduction of the Common Expenses. 2.10 " Declaration " means this instrument, as the same may be supplemented or amended from time to time. 2.11 " Declarant " means Summerfield Development, LLC, an Idaho limited liability company, its successors and assigns if such successors and assigns are Owners of all or any portion of the Property and are designated by the Declarant to perform the obligations or succeed to the rights of Declarant under this Declaration. 3 2.12. " Development " or " means the Summerfield Planned Residential Development in Rexburg, Madison County, Idaho. 2.13 " means any of the separately numbered, individually described lots within the PRD as designated on the Plat and intended Houses or Twinhomes for single family residential use. 2.14 " Lot Number or " Unit Number means the number that designates a Lot or Unit on the Plat, a copy of which is attached as Exhibit "C." 2.15 " Lot Owner," "Unit Owner," or "Owner means the person who is the owner of record (as reflected in the Public Records of Madison County) of a fee or undivided fee interest in any Lot or Unit and a Percentage Interest in the Common Areas which is appurtenant thereto. If a Lot or Unit is the subject of an executory contract of sale, the contract purchaser must, upon notice to the Board of Trustees by the Purchaser (unless the seller and purchaser have otherwise agreed and have informed the Board in writing of such agreement) be considered the Owner for purposes of voting and Board membership. 2.16 " Majority of Owners means the Owners of the Lots and Units to which more than fifty percent (50 %) of the votes in the Association appertain. 2.17 " Managing Agent means any person or entity appointed or employed as Managing Agent by the Association. 2.18 " Mortgage " means any mortgage, deed of trust, or other security instrument by which a Lot,, Unit or any part of a Lot or Unit is encumbered. First mortgage refers to a mortgage that has a lien position before any other mortgage. 2.19 " Mortgagee " means any person or entity named as a Mortgagee or beneficiary under (or holder of) a deed of trust, mortgage or on a Lot or Unit. 2.20 " Percentage Interest means the percentage undivided interest of each Lot or Unit in the Common Areas as set forth in Article III, Section 3.05. 2.21 " Plat "means the Final Plat for the Summerfield Planned Residential Development Phase I recorded along with this Declaration, consisting of one sheet, prepared and certified by Wayne Crow, a Registered Idaho Land Surveyor. Where appropriate, the term " Plat " may also include the final plat for additional phases of the PRD, when those final plats are recorded and those phases are incorporated into the PRD under this Declaration. 2.22 "Pro e " means the land described in Exhibit "A," including Lots, Units, Common Areas, streets, buildings, improvements and structures thereon, all easements, rights and appurtenances belonging thereto, and all articles of personal property intended for use in 0 connection therewith. 2.23 " Rules and Regulations means those rules and regulations adopted from time to time by the Board of Trustees that are deemed necessary for the use and enjoyment of the PRD, provided they are not in conflict with this Declaration or applicable law. 2.24 " Special Assessment means a charge that may be levied and assessed against each Owner and the Owner's Lot and Unit for Association expenses as set forth in Article M. of this Declaration or a charge against a particular Lot or Unit, or its Owner, for the purpose of reimbursing the Association for costs incurred in bringing the Lot or Unit, or its Owner, into compliance with the provisions of this Declaration, the Articles, Bylaws or Rules and Regulations of the Association, together with costs, interest, attorney's fees and other charges payable by such Owner pursuant to the provisions of this Declaration 2.25 " #1 Townhomes means the 92 Units occupying the #1 Townhomes Property, which is located on Block 13 of the Plat and described in Exhibit `B" to this Declaration. 2.26 " #2 Townhomes means the 34 Units occupying the #2 Townhomes Property, which is located on Blocks 7 and 8 of the Plat and described in Exhibit 'T" to this Declaration. 2.27 " Twin Homes means the 14 individual Units on separate Lots on Block 6 of the Plat; each Twin Home will share a common wall with an adjoining Twin Home. 2.28 " Unit " means any of the separately numbered, individually described Townhome units within the PRD as designated on the Plat and intended for single family residential use. ARTICLE III — COVENANTS, CONDITIONS, AND RESTRICTIONS The Property is submitted subject to the following protective easements, covenants, conditions, and restrictions. 3.01 Description of Improvements. The improvements included in this PRD are now (or will be) located on the Property described in Exhibit "A" to this Declaration. 3.02 Description of Legal Status of Lots and Units All Lots and Units are for residential purposes. All Lots and Units must be capable of being independently owned, encumbered, and conveyed. 3.03 Contents of Exhibit "C ". Exhibit "C" to this Declaration sets forth the Lot or Unit Number, as well as the dimensions and square footage of each Lot. 3.04 Use and Maintenance of Common Areas. The Common Areas of the PRD are described and identified in Section 2.04 of this Declaration and the Plat. Neither the Percentage Interest nor the right of use of Common Areas may be separated from the Lot or Unit to which it appertains; and even though not specifically mentioned in the instrument of transfer, the Percentage Interest and such right of use will automatically accompany any transfer of the Lot to which they relate. (a) The use of the Common Areas is limited to Owners in residence and to their tenants in residence, and to Owners' guests, invitees and licensees. The use of the Common Areas will be governed by this Declaration and the Rules and Regulations as initially established by the Declarant and as adopted and amended from time to time by the Board of Trustees. (b) The Association will be responsible for maintaining all common areas, including but not limited to cutting grass, trimming shrubs, watering landscaped areas, maintaining park areas, maintaining trails and walkways in Common Areas, maintaining facilities in Common Areas and the like. 3.05 Computation of Percentage Interests. Each Lot and Unit in the PRD includes an undivided interest in the Common Areas. Each Owner owns an equal, proportionate share of the Common Areas. The proportionate ownership in the Common Areas will be for all purposes, including, but not limited to, participation in Common Profits, and Annual Assessments and Special Assessments for Common Expenses. 3.06 Association Membership. Membership in the Association is mandatory, is appurtenant to the Lot or Unit in which the Owner has the necessary interest, and may not be separated from the Lot or Unit to which it appertains. The purposes, business and affairs of the Association will be governed by the Board of Trustees as agent of the Association. 3.07 Easement of Encroachment. If any part of the Common Areas encroaches or hereafter encroaches upon a Lot or Unit, an easement for such encroachment and for the maintenance of the same will exist. If any part of a Lot or Unit encroaches or hereafter encroaches upon the Common Areas, or upon an adjoining Lot or Units, an easement for such encroachments and for maintenance will exist. Such encroachments will not be considered to be encumbrances either to the Common Areas or the Lots or Units. Encroachments referred to in this section. include, but are not limited to, encroachments caused by error in the original construction of facilities in the Common Areas, by error in the Plat, by settling, rising or shifting of the earth., or by changes in position caused by repair or reconstruction of the PRD or any part of the PRD. 3.08 Access for Repair of Common Areas. The Owners of the other Lots or Units have the irrevocable right to be exercised by the Board of Trustees, as their agent, to have access to each Lot adjacent to Common Areas in those limited instances where the only feasible access to a Common Area is through a Lot or Unit for the maintenance, repair or replacement of any of the Common Areas located therein or accessible therefrom or for making emergency repairs therein necessary to prevent damage to the Common Area or to another Lot or Unit. However, the Association will be responsible for paying for any damage caused to a Lot, Unit or property 0 thereon because the Lot or Unit was used to access a Common Area. 3.09 Easement to Board of Trustees. The Board of Trustees has non - exclusive easements to make such use of the Common Areas as may be necessary or appropriate to perform the duties and functions that it is obligated or permitted to perform under this Declaration. 3.10 Easement for Utility Services. There is hereby created a blanket easement upon, across, over, and under the property in the PRD for ingress, egress, installation, replacing, repairing, and maintaining all utilities, including but not limited to water, sewer, gas, telephones, electricity, and other utility services. This blanket easement extends to the City of Rexburg for the purpose of reading culinary water meters and maintaining the water lines located within the PRD. 3.11 Easement for Use of Common Areas. Each Owner and each person lawfully residing in any Lot or Unit in the PRD is hereby granted a non - exclusive right and easement of enjoyment in. common with others of the Common Areas of the PRD. The right and easement of enjoyment created hereby are subject to the following: (i) The right of the Declarant, before termination of the period of Declarant's control, to grant and reserve easements and rights -of -way through, under, over and across the Common Areas for the installation, maintenance, and inspection of the lines and appurtenances for public or private water, sewer, drainage, gas, electricity, telephone, cable, and other utilities; and (ii) The right of the Board of Trustees to adopt Rules and Regulations governing the use by the Owners of the Common Areas. (a) Any person having the right to use and enjoy the Common Areas may delegate such right to the members of his or her family, tenants who reside in the PRD and to such other persons as may be permitted by the Board of Trustees. (b) Each person having the right to use the Common Areas and each person to whom such right has been delegated must comply with the Rules and Regulations regarding such use, as such Rules and Regulations may be established and amended from time to time by the Board of Trustees. Such rights of use may be suspended upon failure of an Owner to pay the Owner's Assessment; however, such suspension may only occur following notice and an opportunity for a hearing pursuant to the notice and hearing procedures set forth in Section 3.12. 3.12 Hearings Before the Association, or the Board of Trustees on behalf of the Association, may take adverse action against an Owner or Owner's tenant for failure to pay Assessments, damage caused to Common Areas, violations of Rules and Regulations, or similar matters, the Board of Trustees must provide the affected Owner or Owner's tenant an opportunity for a hearing :in accordance with the procedures set forth in this Section 3.12. (a)_ Notice of Hearing. The Board of Trustees must cause to be mailed, by certified 7 mail, a Notice of Hearing, signed by a majority of the Board of Trustees and addressed to the Owner at the Owner's last mailing address as it then appears on the records of the Board of Trustees. The Notice of Hearing must include the following: (i) Description of Relief Sought. A brief description of the relief sought by the Board of Trustees on behalf of the Association (e.g., payment of Assessments in arrears, compensation for damages allegedly caused by the Owner's negligence) in sufficient detail so as to give the Owner adequate notice of the charges against him or her; (ii) Time, date; and place of hearing. The Notice must include the time, date and place of the hearing. The Hearing must be held on a weekday, unless waived in writing by the Owner and Board of Trustees, and may not be set any sooner than thirty (30) days from the date the Notice is mailed to the Owner. The matter must be heard in the evening, between the hours of 5:00 p.m. and 8:00 p.m., or as agreed upon by the Board of Trustees and the Owner. The Hearing may be held in any convenient location within the City of Rexburg; and (iii) Objection to Time or Date. The Notice must inform the Owner that the Owner may object to the time and/or date of the Hearing upon a showing of a reasonable conflict. The objection must be mailed, postage prepaid, to the Board of Trustees fifteen (15) days before the date of the Hearing. The objection must also include at least three (3) dates (including times), subject to the limitations of subparagraph (ii) above, upon which Owner can attend a Hearing. (b) Alternative Dates. The Board of Trustees may accept one of the Owner's suggested dates, which it must then confirm in writing, by certified mail, or set a new date under the procedures of subparagraph (ii) above. If the Owner has a reasonable conflict with the new date set by the Board of Trustees, the Owner may again object to either the time or date as allowed in subparagraph (iii) above. The procedures of subparagraphs (ii) and (iii) must be followed until a time, date and place are selected convenient to the Board of Trustees and Owner. (c) Representation by Counsel. The Owner is entitled to representation by counsel at the Hearing with the Board of Trustees. If the Owner chooses to be represented by counsel, the Owner must first notify the Board of Trustees, in writing, fifteen (15) days before the date of the Hearing in order to give the Board of Trustees the opportunity to select its own counsel to represent it at the Hearing. (d) Hearing. At the Hearing, the Owner must be given a reasonable opportunity to efficiently and succinctly present his evidence. (e) Decision. The Board of Trustees must render its written decision within thirty (30) days following the date of the Hearing. The written decision must be mailed to the Owner at the Owner's last known address and will be deemed a final decision in all respects. (f) Appeal of Decision. The decision of the Board of Trustees may only be appealed to the District Court in and for Madison County, Idaho, within thirty (30) days following the Owner's receipt of the Board of Trustees's written decision. The prevailing party on appeal will be entitled to receive from the non - prevailing party all reasonable attorneys' fees and other costs incurred in the appeal. (g)_ Collection. Amounts owing by the Owner pursuant to the decision of the Board of Trustees; may be collected by way of Special Assessment against the Owner's Lot or Unit or by any other means allowed by law. 3.13 Lot Maintenance Each Owner must maintain, at his or her own expense, the Owner's Lot and Unit so as not to detract from the appearance of the PRD and so as not to adversely affect the value of any other Lot. (a) Structures Each Owner must keep all structures on the Lot and related equipment and appurtenances in good order, condition and repair and in a clean and sanitary condition, and must do all redecorating, painting, varnishing, landscaping and landscape maintenance that may be necessary to maintain the good appearance of the Lot. (b) Damage or Destruction of Structure If any structure on a Lot is damaged or destroyed, of if any Unit is damaged or destroyed, the Owner must either rebuild the same within a reasonable time or raze the remains of such structure so as to prevent the unsightly appearance and dangerous condition of a partially destroyed structure in the PRD. The painting or repainting, remodeling, rebuilding or modification of any exterior portion of a structure must first be submitted to and approved by the Architectural Review Committee under its procedures. No Owner may openly or wantonly neglect or fail to do everything possible to keep the Owner's Lot or Unit, and all structures on the Lot, in good and attractive condition and repair at all times. 3.14E General Restrictions on Use of Lots or Units and Common Areas Each of the Lots and Umts in the PRD is intended for use as single family residential housing and is restricted to such use. The term "residential" excludes individual room letting or boarding and commercial. and professional uses which are not the subject of a permit granted by the City of Rexburg under its then current home occupation ordinance. (a) Common Areas There may be no obstructions of the Common Areas by the Owners, their tenants, guests or invitees without the prior written consent of the Board of Trustees. The Board of Trustees may, by Rules and Regulations, prohibit or limit the use of the Common Areas as may be reasonably necessary for protecting the interests of all the Owners or protecting Lots, Units or Common Areas. Nothing may be kept or stored in any part of the Common Areas without the prior written consent of the Board of Trustees, except as specifically provided in this Declaration. Nothing may be altered, constructed in or removed from the Common Areas except with the prior written consent of the Board of Trustees. (b) Dangerous and Illegal Activities and Nuisances Prohibited Nothing may be done or kept in any Lot, Unit or in the Common Areas that would result in the cancellation of insurance on the PRD or any Lot or Unit or result in an increase in the rate of insurance on the PRD or any Lot or Unit over what the Board of Trustees, but for such activity, would pay without the prior written consent of the Board of Trustees. Nothing may be done or kept in any Lot or Unit or in the Common Areas that would be a violation of any statute, rule, ordinance, regulation, permit or other validly imposed requirement of any governmental body. No damage to or waste of the Common Areas may be committed by any Owner or any invitee of any Owner, and each Owner must; indemnify and hold the Board of Trustees and the other Owners harmless against all loss resulting from any such damage or waste caused by the Owner, the Owner's family or the Owner's invitees; provided, however, that any invitee of the Declarant may not, under any 6 circumstances, be deemed to be an invitee of any other Owner. No noxious, destructive or offensive activity may be carried on in any Lot, Unit or in the Common Areas, nor may anything be done therein which is or may become an annoyance or nuisance to any other Owner or to any person at any time lawfully residing in the PRD. (c) Rules and Regulations No Owner, Owner's family member, tenant, employee, invitee or other person on the Property may violate the Rules and Regulations for the use of the Lots, Units and Common Areas as adopted from time to time by the Board of Trustees. (d) No Subdivision of Lots or Units No Owner, by deed, plat or otherwise, may subdivide or in any manner cause the ownership of a Lot or Unit to be separated into physical tracts or parcels smaller that the whole Lot or Unit as shown on the Plat. 3.15 Restrictions on Houses and Other Structures To protect and enhance the value and desirability of Lots and Units in the PRD, all Houses in the PRD must meet the following minimum requirements: (a) Architectural Style All Houses must be constructed in a craftsman style that is architecturally consistent with other houses in the PRD and includes the following features: (i) The front facade (or elevation) of each house must face the street and consist of at least four different building materials, including shutters. (ii) A portion of the front facade (or elevation) of each house must contain shakes made of wood or vinyl. (iii) Each side of the windows on the front facade (or elevation) must have board and batten architectural shutters. (iv) Each house must have a front porch with pillars. (b) Design Review Complete plans for all permanent structures not originally constructed, erected or installed on a Lot before sale to the original Lot Owner must be submitted to and approved by the Architectural Design and Review Committee before any construction or installation may begin. 3.16 Restrictions on Lots or Units To protect and enhance the value and desirability of Lots and Units in the PRD, the following restrictions apply to all Lots and Units in the PRD: (a) Antennas, satellite dishes and basketball standards Antennas, satellite dishes and basketball standard may not be attached to a House, Townhome, Twinhome or other structure on a Lot in such a manner that they would be visible from the street. Antennas, satellite dishes and basketball standards that are attached to the back of the house or other structure and are not visible from the street are permissible. Free - standing basketball standards are permissible. (b) Recreational vehicles and trailers Recreational vehicles, trailers and inoperable vehicles must be stored in a garage or in a side yard or back yard in such as manner that they are screened from view and not visible from the street. However, recreational vehicles, trailers and inoperable vehicles may only be stored in side yards where there is at least 15 feet between the Lot line and the side of the House or other structure and there is a fence that shields the recreational vehicle, trailer or vehicle from view from the street. (c) Garbage and recycling containers Garbage containers and recycling containers must be stored in a place where they are screened from view and not visible from the street. 10 (d) Street trees Lot Owners are responsible for maintaining, and replacing if necessary, street trees planted in the park strip between the sidewalk and street. (e) Landscaping completion All landscaping of a Lot must be completed within 8 months of the original Owner's closing on the purchase of the Lot and House. (f) Pets All pets must be kept indoors, in a fenced yard, or on a lease — except when in the dog park in the PRD. 3.1'7 Restrictions on Leases Any lease of a Lot or Unit must be in writing and must provide that the terms of the lease are subject in all respects to provisions of this Declaration and Bylaws and that any failure by the lessee to comply with the terms of such documents will be a default under the lease. No Owner may lease a Lot or Unit for an initial term of less than thirty (30) days. No Owner may lease less than the entire Lot or Unit. (a) No Owner may lease a Lot without first obtaining the written approval of the Board of Trustees. Such approval may not be unreasonably withheld. In addition, a lease of a Lot or Unit in the PRD must expressly give the Association standing as a third -party beneficiary of the lease to enforce the terms of the lease agreement, including the provisions of this Declaration and the Bylaws. Upon request of the Board of Trustees, an Owner who is leasing a Lot or proposing to lease a Lot must provide a copy of the written lease agreement to the Board of Trustees. (b) For purposes of this Section, rent and lease have the same meaning. 3.18 Status and General Authority of Board of Trustees. Notwithstanding anything to the contrary in this Declaration, Summerfield Planned Residential Development will be managed, operated, and maintained by the Board of Trustees exclusively as agent of the Association, and any act performed by the Board of Trustees under this Declaration or the Bylaws will be deemed to be performed by the Board of Trustees for and on behalf of the Association as it agent. The Board of Trustees has the following authority and powers: (i) The authority, without the vote or consent of the Owners, to transfer and convey utility and similar easements over, under, across, and through the Common Areas. (ii) The authority to execute and record, on behalf of all Owners, any amendment to the Declaration or Plat that has been approved by the consent necessary to authorize such amendment. (iii) The power to sue and be sued. (iv) The authority to enter into contracts that in any way concern the PRD, so long as any vote or consent of the Owners necessitated by the subject matter of the agreement has been obtained. (v) The power and authority to convey or transfer any interest in real property authorized by the Owners having an interest therein. (vi) The power and authority to purchase, otherwise acquire, and accept title to any interest in real property, so long as such action has been authorized by any vote or consent that is necessary under the circumstances. (vii) The authority to license persons not otherwise entitled to use any of the recreational areas and facilities, to use the same from time to time as the Board of 11 Trustees deems appropriate upon the payment of fees prescribed by it to help defray the cost of maintenance thereof. (viii) The power and authority to borrow money, provided no indebtedness for borrowed funds may at any given time exceed the sum of Ten Thousand Dollars ($10, 000.00) without the prior approval of the Majority of Owners. (ix) The authority to promulgate such reasonable Rules and Regulations, and procedures as may be necessary or desirable to aid the Board of Trustees in fulfilling any of its functions or to insure that the PRD is maintained and used in a manner consistent with the interests of the Owners. (x) The power and authority to perform any other acts and to enter into any other transactions which may be reasonably necessary for the Board of Trustees to perform its functions as agent for the Association. (xi) The power and authority to levy fines of $250 or less, as determined by the Board of Trustees by majority vote, against Owners for intentional or repeated violations of this Declaration or the Rules and Regulations of the PRD. However, before such fines may be levied, Owners must be provided with notice and a right to a hearing as provided in Section 3.12. Any instrument executed by the Board of Trustees that recites facts which, if true, would establish the Board of Trustees' power and authority to accomplish through such instrument: what is purported to be accomplished thereby, will conclusively establish such power and authority in favor of any person who in good faith and for value relies upon the instrument. 3.19 Composition and Initial Selection of Board of Trustees. Until the election of the Board of Trustees by the Owners takes place as provided in Section 3.22 of this Declaration, the Board of Trustees will consist of such persons as have been designated by the Declarant. From and after the first annual meeting of the Association, the Board of Trustees will be composed of no less than five nor more than seven persons, all of whom will be officers, directors, or designees of the Declarant, Owners or spouses of Owners, or Mortgagees (or designees of Mortgagees) of Lots or Units. The Declarant has the right in its sole discretion to replace such members of the Board of Trustees as may be so selected and designated by it, and to select and designate their successors. In all other cases of vacancy, the remaining Board of Trustees members may select a replacement to sit on the Board of Trustees until the expiration date of the term for which the member being replaced was elected. Declarant may, by a written instrument duly recorded, waive its right to select the members of the Board of Trustees at any time prior to the termination of its right to select Board of Trustees members reserved under this Section. (a) Upon the sale of 70 Units in #1 Townhomes, one of the members of the Board of Trustees must be an Owner (other than Declarant or Declarant's designee) of a Unit in the #1 Townhomes (b) Upon the sale of 25 Units in the #2 Townhomes, one of the members of the Board of Trustees must be an Owner (other than Declarant or Declarant's designee) of a Unit in the #2 Townhomes. 12 3.20 Managing Agent The Board of Trustees may carry out any of its functions that are capable of delegation through a Managing Agent for the PRD. Any Managing Agent retained for such purpose must be an individual or entity experienced and qualified in the field of property management. The Managing Agent so engaged will be responsible for managing the PRD for the benefit of the Owners and will, to the extent permitted by law and the terms of the agreement with the Boaxd of Trustees, be authorized to perform any of the functions or acts required or permitted to be performed by the Board of Trustees itself. Any Management Agreement must be terminable for cause upon thirty (30) days notice and run for a reasonable period from one (1) to three (3) years (unless negotiated by the Declarant in which case the Management Agreement may not exceed two (2) years), and be renewable by consent of the Association and the Board of Trustees. 3.21 Owners' Agreement to Pay Assessments. Each Owner of a Lot or Unit by the acceptance of a deed for such Lot or Unit, whether or not it be expressed in the deed, or by entering into a sale or purchase contract, will be deemed to covenant and agree with each other and with the Board of Trustees to pay Annual Assessments and Special Assessments made by the Board of Trustees for the purposes provided in this Declaration. Such assessments will be fixed, established, and collected from time to time in the manner provided below and in accordance with the Act. (a) Amount of Total Annual Assessments The total Annual Assessments against all Lots and Units will be based upon the Board of Trustees' advance estimates of the Association's cash requirements to provide for the payment of all estimated expenses growing out of or connected with the maintenance and operation of the Common Areas, which estimates may include, among other things: expenses of management; grounds maintenance; taxes and Special Assessments (until the Lots or Units are separately assessed as provided herein); premiums for all insurance which the Board of Trustees is required or permitted to maintain; common lighting; water charges; trash collection; repairs and maintenance of the Common Areas and replacement of those elements of the Common Areas that must be replaced on a regular basis; wages for Board of Trustees employees; Managing Agent fees; legal and accounting fees; any deficit remaining from a previous period; the maintenance of a reasonable reserve fund; and any other expenses and liabilities which may be incurred by the Association for the benefit of the Owners under this Declaration. (b) Apportionment of Assessments: Expenses attri buted to the Common Areas and to the PRD as a whole must be apportioned among all the Lots and Units equally. Both Annual Assessments and Special Assessments must be fixed at a uniform rate for all Lots and Units. (c) Notice of Annual Assessments and Time for Payment Thereof. Annual Assessments will be made on a calendar year basis. The Board of Trustees must give written notice to each Owner as to the amount of the Annual Assessment with respect to the Owner's Lot or Unit not less than thirty (30) days nor more than ninety (90) days before the beginning of the next calendar year. Such Annual Assessments will be due and payable in a single installment within thirty (30) days after written notice of the amount of the Annual Assessment has been given to the respective Owner. Each Annual Assessment will bear interest at the rate of twelve percent (12 %) per annum from the date it becomes due and payable if not paid within thirty (30) days after such date. Failure of the Board of Trustees to give timely notice of any Annual 13 Assessment as provided in this Declaration will not affect the liability of the Owner for such assessment, but the date when payment becomes due in such case will be deferred to a date thirty (30) days after such notice has been given. (d) Special Assessments for Capital Improvements: In addition to the Annual Assessments authorized above, the Board of Trustees may, in any assessment year, levy a Special Assessment, payable over such a period as the Board of Trustees may determine, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of the Common Areas of the PRD or any part of the Common Areas, or for any other expense incurred or to be incurred as provided in this Declaration. Any amounts assessed under this paragraph must be assessed to the Owners in proportion to their respective Percentage Interests in the Common Areas. Notice in writing of the amount of such Special Assessments and time for payment thereof should be given promptly to the Owners and no payment will be due less than thirty (30) days after such notice has been given. A Special Asessment will bear interest at the rate of twelve percent (12 %) per annum from the date it becomes due and payable if not paid within thirty (30) days after such date. Notwithstanding anything to the contrary in this Declaration, additions or capital improvements to the Common Areas of the PRD which cost no more than Ten Thousand Dollars ($10, 000.00) may be authorized by the Board of Trustees alone. Additions or capital improvements, the cost of which will exceed such amount must, prior to construction, be authorized by the Majority of the Lot and Unit Owners. Any addition or capital improvement that would materially alter the nature of the PRD must, regardless of its cost and prior to being constructed, be authorized by vote of Lot and Unit Owners in person or by proxy of not less than sixty-seven percent (67 %) of the Percentage Interest at a meeting of the Association, special or annual, at which a quorum is present. (e) Lien for Assessments All sums assessed to any Lot or Unit under this Declaration, together with interest thereon as provided in this Declaration, will be secured by a lien on such Lot or Unit in favor of the Association. Such lien will be superior to all other liens and encumbrances on such Lot or Unit, except for: (i) valid tax and special asessment liens on the Lot or Unit in favor of any governmental assessing authority; and (ii) a lien for all sums unpaid on the first Mortgage, or on any Mortgage to Declarant, duly recorded in the Official Records of Madison County, Idaho, including all unpaid obligatory advances to be made under such Mortgage and all amounts advanced under such Mortgage and secured by a lien thereof in accordance with the terms of such instrument. All other lienors acquiring liens will be deemed to consent that such liens are inferior to future liens for assessments as provided in this Declaration whether or not such consent be specifically set forth in the instruments creating such liens. (i) To evidence a lien for sums assessed under this Declaration, the Board of Trustees may prepare a written notice of the lien setting forth the amount of the assessment, the date due, the amount remaining unpaid, the name of the Owner, and a description of the Lot or Unit. Such notice must be signed by the Board of Trustees and may be recorded in the Office of the County Recorder of Madison County, Idaho. No notice of lien may be recorded until there is a delinquency in payment of the assessment. The lien described in this paragraph may be foreclosed in the same manner in which trust deeds on real property may be foreclosed in Idaho. In any such foreclosure, the Owner will be required to pay the costs and expenses of such proceedings, the costs and 14 expenses of the filing of the notice of lien and all reasonable attorney's fees. All such costs, expenses, and fees will be secured by the lien being foreclosed. The Owner will also be required to pay to the Board of Trustees any assessments against the Lot or Unit that become due during the period of foreclosure. (ii) After the institution of the foreclosure proceedings, the Owner must pay a reasonable rental for his use of the Lot or Unit and the Board of Trustees will, without regard to the value of the Lot or Unit, be entitled to the appointment of a receiver to collect any rentals due from the Owner or any other person. The Board of Trustees will have the right and power to bid an amount equal to its then existing lien at the foreclosure sale; or other legal sale and to acquire, hold, convey, lease, rent, encumber, use and otherwise deal with the same as the Owner hereof. (iii) A release of notice of lien will be executed by the Board of Trustees and recorded in the Office of the County Recorder of Madison County, Idaho, upon payment of all sums secured by a lien that has been made the subject of a recorded notice of lien. Any encumbrancer holding a lien on a Lot may pay, but will not be required to pay, any amounts secured by the lien created hereunder, and upon such payment such encumbrancer will be subrogated to all rights of the Board of Trustees with respect to such lien, including priority. The Board will report to any encumbrancer of a Lot any unpaid assessments remaining unpaid for thirty (30) days after the same shall become due, provided, however that such encumbrancer must first have furnished the Board of Trustees written notice of such encumbrance. (f) _ Personal Obligation of Owner: The amount of any Annual Assessment or Special Assessment against any Lot or Unit will be the personal obligation of the Owner thereof to the Association. Suit to recover a money judgment for such personal obligation maybe maintainable by the Board of Trustees without foreclosing or waiving the lien securing the same. No Owner may avoid or diminish any personal obligation by waiving the use and enjoyment of any Common Areas or by abandoning or selling his Lot or Unit. (g)_ Statement of Account: Upon payment of a reasonable fee or such other amount as may in the future be allowed by law, and upon written request of any Owner or Mortgagee, prospective Mortgagee or prospective purchaser of a Lot or Unit, the Board of Trustees will issue a written statement setting forth: (i) the amount of the unpaid assessments, if any, with respect to such Lot or Unit; (ii) the amount of the current yearly assessment and the date that such assessment becomes or has become due; and (iii) credit for advanced payments or prepaid items, including, but not limited to, an Owner's share of prepaid insurance premiums. Such statement will be conclusive upon the Board of Trustees in favor of persons who rely thereon in good faith. Unless such request for a statement of account is complied with within twenty (20) days, all unpaid assessments that became due prior to the date of making such request will be subordinate to the lien of a Mortgagee which acquired its interest subsequent to requesting such statement. Where a prospective purchaser makes such a request, both the lien for such unpaid assessments and the personal obligations of the purchaser will be released automatically if the statement is not furnished within the twenty (20) day period provided in this section and thereafter an additional written request is requested by such purchaser and is not complied with within ten (10) days, and the purchaser subsequently acquires the Lot or Unit. 15 (h) Personal Liability of Purchaser for Assessment: Subject to the provisions of subparagraph (g), a purchaser of a Lot or Unit will be jointly and severally liable with the seller for all unpaid assessments against the Lot or Unit up to the time of the grant or conveyance, without prejudice to the purchaser's right to recover from the seller the amount paid by the purchaser for such assessments. (i) No Assessments on Unsold Lots or Units Notwithstanding anything to the contrary in this Section, no assessments may be levied against unsold Lots or Units owned by Declarant in the PRD. 3.22 Transition of Management. Notwithstanding anything to the contrary contained in Section 3.19, Declarant may, at any time, relinquish its reserved right to select members of the Board of Trustees and to transfer the management of the Association to the Board of Trustees elected by Owners. If and when the Declarant elects to do so, Declarant must notify Owners in writing of the effective date of such transfer ( " Transfer Date ") at least forty-five (45) days before the transfer. Thereupon, Owners must call a meeting to elect the members of Board of Trustees to take office as of the Transfer Date. Declarant covenants to cooperate with Owners in effecting orderly transition of management. (a) Upon relinquishment of its reserved right to select members of the Board of Trustees, Declarant must relinquish all special rights, expressed or implied, through which the Declarant may directly or indirectly control, direct, modify or veto any action of the Association, its Board of Trustees, or a majority of Owners, and control of the Association will pass to the Owners within the PRD not later than the earlier of the following: (i) 120 days after the date by which 80% of the Lots or Units have been conveyed to first purchasers; or (ii) Two (2) years from the date of completion of all construction on all phases of the PRD. (b) The requirements of this Section will not affect Declarant's rights, as a Owner, to exercise the votes allocated to Lots and Units which Declarant owns. 3.23 Insurance Coverage. (a) The Board of Trustees must secure, and at all times maintain a comprehensive policy of public liability insurance insuring the Association, the Board of Trustees, the Managing Agent, and the Owners against any liability incident to ownership, use or operation of the Common Areas and public ways of the PRD or of any Lot or Unit that may arise among themselves, to the public or to any invitees or tenants of the PRD or of the Owners. The scope of the coverage must include all other coverage in the kinds and amounts required by private institutional mortgage investors for similar projects in location, construction and use. (b) The Board of Trustees must secure, and at all times maintain fidelity coverage to protect against dishonest acts on the part of Board of Trustees Members, Managing Agent, employees or volunteers responsible for handling funds belonging to or administered by the Association. The fidelity bond or insurance must name the Association as the named insured and must be written in an amount sufficient to provide protection which may not be less than one and one -half times the insured's estimated annual operating expenses and revenues. In connection 16 with such coverage, an appropriate endorsement to the policy to cover any person who serves without compensation must be added if the policy would not otherwise cover volunteers. (c) In addition to the insurance and bond coverage described above, the Board of Trustees must secure and at all times maintain insurance against such risks as are, or hereafter may be, customarily insured against in connection with all planned residential developments similar to the PRD in construction, nature or use. (d) Each insurance policy or fidelity bond maintained pursuant to this Declaration must be written by an insurance carrier that is licensed to transact business in the State of Idaho. No such policy or fidelity bond may be maintained where: (1) under the terms of the carrier's charter, bylaws, bond or policy, contributions may be required from, or assessments may be made against, an Owner, a lienholder, the Association, a Lot or Unit, the Common Areas, or the PRD; (2) by the terms of the carrier's charter, bylaws, bond or policy, loss payments are contingent upon action by the carrier's Board of Trustees, policy holders, or Members; (3) the bond or policy includes any limiting clauses (other than insurance conditions) which could prevent the party entitled from collecting insurance proceeds; or (4) the bond or policy provides that the insurance thereunder will be brought into contribution with insurance purchased by the individual Owners or their lienholders. Each such fidelity bond or policy will provide that: (a) coverage may not be prejudiced by any act or neglect of the Owners when such act or neglect is not within the control of the Association; (b) coverage may not be prejudiced by any failure by the Association to comply with any warranty or condition with regard to any portion of the PRD over which the Association has no control; and ©) coverage may not be canceled or substantially modified (including cancellation for nonpayment of premium) without at least thirty (30) days prior written notice to any and all insureds named therein, including any lienholder named as an insured. If due to changed circumstances, excessive cost, or any other reason, any of the insurance coverage required to be obtained and maintained under this Section cannot reasonably be secured, with respect to such coverage the Association must obtain and maintain such substitute, different or other coverage as may be reasonable and prudent under the circumstances as they then exist. However, the Association may not self insure. (e) The Board of Trustees has the authority to adjust losses regarding the Common Areas. (f) Insurance secured and maintained by the Board of Trustees may not be brought into contribution with insurance held by individual Owners or their Mortgagee. (g) Each policy of insurance obtained by the Board of Trustees should provide: (i) A waiver (if available) of the insurer's subrogation rights with respect to the Board of Trustees, the Managing Agent, the Owners, and their respective servants, agents and guests; (ii) That the policy cannot be canceled, suspended, or invalidated due to the conduct of any particular Owner or Owners; (iii) That the policy cannot be canceled, suspended, or invalidated due to the conduct of any member, officer or employee of the Board of Trustees or the Managing Agent without a prior written demand that the defect be cured; and (iv) That any "no other insurance clause" therein does not apply with respect to insurance held individually by the Owners. 17 (h) Every Owner must obtain standard homeowner's insurance, at the Owner's own expense, covering damage to the Unit or structures on the Lot and the negligent acts of the occupants of the Lot or Unit. Such homeowner's insurance must have the effect of decreasing the amount which may be realized under any policy maintained by the Board of Trustees. (i) The PRD is not located in an area identified by the Secretary of Housing and Urban PRID as an area having specialized flood hazards. If at some future time the PRD should be declared to be in such flood area, a blanket policy of flood insurance on the PRD must be maintained in the amount of the aggregate of the outstanding principal balances of the mortgage loans on the Lots and Units comprising the PRD or the maximum coverage limit available under the National Flood Insurance Act of 1968, as amended, whichever is less. The name of the insured under each required policy must be in form and substance as that required by the Federal Home Loan Mortgage Corporation at any given time. 3.24 Certain Provisions Applicable to Declarant. Notwithstanding any other provision of this Declaration, for so long as Declarant continues to own any Lots or Units in the PRD, the following provisions will be in full force and effect: a. Declarant specifically disclaims any intent to have made any warranty or representation in connection with the PRD or the Declaration, except as specifically set forth in this Declaration or in any agreement for sale of a Lot, and no person may rely upon any warranty or representation not so specifically made. b. No amendment may be made to this Declaration without the written consent of Declarant so long as Declarant retains the ownership of two (2) or more Lots or Units; provided, however, that the obligation to acquire written consent of Declarant will. cease on a date two (2) years from the date of completion of all construction on all phases of the PRD. C. Unless the Declarant has completed and sold all the Lots or Units in the PRD, neither the Owners who have purchased Lots or Units from the Declarant nor the Board of Trustees may interfere with the completion of improvements and sale of the remaining Lots or Units in the PRD. The Declarant reserves the right to use any Lots or Units owned by the Declarant as models, management offices, or sales offices until such times as Declarant conveys title thereto to Owners. Declarant reserves the right to relocate same from time to time within the PRD; upon relocation or sale of a model, management office or sales office, the furnishings thereof may be removed. Declarant further reserves the right to maintain on the PRD such advertising signs which may be placed in any location on the PRD and may be relocated or removed all at the sole discretion of Declarant. d. Declarant will have three votes for each Lot Declarant owns (as opposed to one vote per Lot for each of the other Owners) on any matter requiring a vote of the Owners. 3.251 Amendment. For the first thirty years after the recording of this Declaration, the vote of at least sixty -seven percent (67 %) of the Percentage Interest of the Owners in person or represented by proxy at a meeting of the Association at which a quorum is present will be In required to amend the Declaration, Bylaws, Plat, or other enabling documentation for the PRD. Any such amendment so authorized by the Owners will be accomplished through the recordation of an instrument executed by the Board of Trustees. In such instrument, the Board of Trustees must certify that the vote of the Owners as required by this Section for amendment has been obtained. 3.26 Consent Equivalent to Vote. In those cases in which this Declaration requires the vote of a stated percentage of the PRD's ownership interest for the authorization or approval of a transaction, such requirements may be fully satisfied by obtaining with or without a meeting, consents in writing to such transaction from Owners who collectively hold at least the necessary percentage of ownership interest. 3.27 Eminent Domain. If all or part of the Common Areas is taken, injured, or destroyed as a result of the exercise of eminent domain, each Owner will be entitled to notice of the claim of eminent domain and to participate in the eminent domain proceedings, but in any proceeding for the determination of damages, such damages will be determined for such taking, injury, or destruction as a whole and not for each Owner's individual interest therein. After such determination, each Owner will be entitled to a share in the damages in the same portion as the Owner's Percentage Interest in the Common Areas. 3.28 Service of Process. Brad Stauffer, 3456 East 17' Street, NR210, Ammon, Idaho 83406, is the registered agent to receive service of process on behalf of the Declarant. The Board of Trustees will, however, have the right to appoint a successor substitute process agent. Such successors or substitute agent and his or her address will be specified by an appropriate instrument filed in the Office of the County Recorder of Madison County, Idaho. 3.29 General Protections. Notwithstanding anything to the contrary in this Declaration: a. An adequate reserve fund for repair, maintenance, and replacement of those elements of the Common Areas that must be replaced on a periodic basis must be established and funded as part of the Annual Assessments as provided in Section 3.21, rather than by Special Assessments. b. Any lease of a Lot or Unit must be in writing and must provide that the terms of the lease is subject in all respects to provisions of the Declaration and Bylaws and that any failure by the lessee to comply with the terms of such documents will be a default under the lease. A Lessee and a Renter will be treated the same. No Owner may lease a Lot or Unit for an initial term of less than thirty days. No Owner may lease less than the entire Lot or Unit. C. The consent of Owners of Lots or Units to which at least sixty -seven percent (67 %) of the votes in the Association are allocated will be required to materially amend any provisions of the Declaration or Bylaws, or to add any material provisions thereto, which establish, provide for, govern or regulate any of the following: (i) Voting; (ii) Assessments, assessment liens or subordination of such liens; 19 (iii) Reserves for maintenance, repair and replacement of the Common Areas; (iv) Insurance or fidelity bonds; (v) Rights of use of the Common Areas; (vi) Responsibility for maintenance and repair of the several portions of the PRD; (vii) Expansion or contraction of the Property (except for prospective expansion of the Property provided in this Declaration); (viii) Boundaries of any Lot; (ix) The interests in the Common Areas; (x) Convertibility of Lots or Units into Common Areas or of Common Areas into Lots or Units; (xi) Leasing of Lots or Units; or (xii) Imposition of any right of first refusal or similar restriction on the right of a Owner to sell, transfer or otherwise convey his or her Lot. d. The Board of Trustees, on behalf of the Association, must make available to all Owners, lenders and the holders, insured and guarantors of the first mortgage on any Lot, current copies of the Declaration, Bylaws and other rules governing the PRD, and other books, records, and financial statements of the Association. The Board of Trustees must also make available to prospective purchasers current copies of the Declaration, Bylaws, other rules governing the PRD, and the ,Association's most recent annual audited financial statement, if such is prepared. "Available" as used in this paragraph means available for inspection upon request, during normal business hours or under other reasonable circumstances. 3.30 Duty of Owner to Pay Taxes on Lot. It is understood that each Lot and Unit (and its Percentage Interest in the Common Areas) in the PRD is subject to a separate assessment and taxation by each taxing authority and special district(s) for all types of taxes and assessments authorized by law and that, as a result, no taxes will be assessed or levied against the PRD as such, except for certain personal properties of the PRD. Accordingly, each Owner will pay and discharge any and all taxes and assessments that may be assessed against his or her Lot or Unit. 3.31 Covenants to Run With Land: Compliance. This Declaration and all its provisions constitute covenants to run with the land or equitable servitudes, as the case may be, and are binding upon and inure to the benefit of the Declarant and all parties who hereafter acquire any interest in a Lot or Unit in the PRD, and their respective grantees, transferees, heirs, devisees, personal representatives, successors, and assigns. Each Owner or occupant of a Lot or Unit, their family members, guests, invitees and other persons must comply with, and all interests in all Lots or Units will be subject to, the terms of this Declaration, the Bylaws, and the provisions of any Rules and Regulations, agreements, instrument, and determinations contemplated by this Declaration, and failure to comply will be grounds for an action to recover sums due for damages or injunctive relief or both, maintainable by the Board of Trustees on behalf of all Owners, or, in a proper case, by an aggrieved Owner. By acquiring any interest in a Lot, a Unit or in the PRD, the party acquiring such interest consents to, and agrees to be bound by, each and every provision of 20 this Declaration. 3.32 Conveyancing of Lot; Leases. (a) Any Owner who sells, leases, or otherwise disposes of that Owner's Lot or Unit must submit to the Board of Trustees pertinent information regarding the transferee or new occupant within one week of any transfer of title or possession on a form furnished by the Board of Trustees. (b) Before selling, leasing or otherwise disposing of a Lot or Unit, an Owner must provide a copy of this Declaration, the Bylaws and the current Rules and Regulations to the person(s) proposing to purchase, lease or otherwise assume control of a Lot or Unit. (c) Any deed, lease, mortgage, deed of trust, purchase contract or other instrument conveying or encumbering title to a Lot or Unit must describe the interest or estate involved substantially as follows: Lot/Unit No. as identified in the Summerfield Planned Residential Development, recorded in the office of the Madison County Recorder as Entry , Map Filing No. , SUBJECT TO the Declaration of Protective Easements, Covenants, Conditions and Restrictions of the Summerfield Planned Residential Development recorded in the office of the Madison County Recorder as Entry , Book , at Page (as such Declaration may have been amended or supplemented), TOGETHER WITH a right and easement of use and enjoyment in and to the Common Areas described, and as provided for, in such Declaration of Protective Easements, Covenants, Conditions and Restrictions (as such Declaration may have been amended or supplemented). (d) Whether or not the description employed in any such instrument is in the above - specified form, however, all provisions of this Declaration will be binding upon and inure to the benefit of any party who acquires any interest in a Lot or Unit. ARTICLE IV — ANNEXATION 4.01 Annexation by Declarant Declarant may, from time to time, expand the Development subject to this Declaration by the annexation of all or part of the lands constituting the Additional Land described in Exhibit "D." Subject to compliance with the conditions imposed by the following Section 4.02, the annexation of any such land will become effective upon the recordation in the Public Records of a Plat of such Additional Land signed by the owner thereof and of a supplemental declaration ( " Supplemental Declaration ") which (a) is signed by the then owner(s) of such Additional Land as Declarant; (b) describes the land to be annexed; (c) declares that the annexed land is to be held, transferred, sold, conveyed, and occupied as part of the Property subject to this Declaration; and (d) sets forth such additional limitations, restrictions, easements, covenants and conditions, consistent with those of this Declaration, as may be 21 applicable to the annexed land. When any such annexation becomes effective, the annexed land will become part of the Development and subject to the provisions of this Declaration and any amendment or supplement to the Declaration. 4.02 Limitations on Annexation Declarant's right to annex land to the Subdivision will be subject to the following limitations: (a) The annexed land must be part of the Additional Land set forth and described in Exhibit "D" to this Declaration; (b) The holder of each mortgage, deed of trust or other security device affecting any part of the Additional Land being annexed into the Development must consent, through appropriate instruments to be recorded in the Public Records, to the recordation of the Supplemental. Declaration and to the Plat to which such Supplemental Declaration relates; (c) The Additional Land added to the Development must be subdivided into Lots and designed to be used for residential purposes similar to those contemplated by this Declaration; (d) All Common Areas covered by the Supplemental Declaration designated on the Plat related to the Supplemental Declaration must be dedicated to the Association or to a Unit Owners' Association if townhomes or condominiums are to be constructed on the Additional Land; and (e) Declarant or Declarant's successor or assignee must consent to such annexation. 4.03 No Obligation to Annex or Develop Declarant has no obligation under this Declaration to annex any Additional Land to the Development or to develop or preserve any portion of Additional Land in any particular way or according to any particular time schedule. ARTICLE V — ARCHITECTURAL REVIEW 5.01 Original Construction Declarant intends to develop the Lots and Units and construct houses in accordance with applicable municipal approvals, planning and zoning approvals and permits, PRD agreements, and construction plans and specifications (together called " Design Guidelines "). All original construction by Declarant under the Design Guidelines, as they may be amended from time to time, are hereby approved. 5.02 Architectural Review Committee The Board of Trustees must appoint a three - member Architectural Review Committee (as used in this Article, the " Committee "), the function of which will be to ensure that all improvements and landscaping within the PRD harmonize with existing surroundings and structures. The Committee need not be composed of Owners. If such a Committee is not appointed, the Board of Trustees itself, or certain appointed members of the Board, will perform the duties required of the Committee. 5.03 Submission to Committee Except for structures constructed, erected or installed by Declarant, no house or other permanent structure on a Lot may be constructed or maintained, and no alteration, repainting, or refurbishing of the exterior of any house, any part of a house 22 (except glass surfaces) or Unit may be performed, unless complete plans and specifications therefor have first been submitted to and approved by the Committee. 5.04 Standard In deciding whether to approve or disapprove plans and specifications submitted to it, the Committee must use its best judgment to insure that all improvements, construction, landscaping, and alterations on Lots and Units within the PRD conform to and harmonize; with the Design Guidelines and with existing surroundings and structures. Any structure constructed on any Lot in replacement of the structure previously located on that Lot should be constructed in substantially the same configuration, location and architectural style and be approximately the same size as the prior structure; and, if the plans and specifications for the replacement structure meet such criteria, the Committee must approve the same. 5.05 Approval Procedure Any plans and specifications submitted to the Committee must be approved or disapproved by it in writing within 45 days after submission; provided, however, that plans and specifications for any replacement structure to be constructed in substantially the same configuration, location, architectural style and to be of substantially the same size as its predecessor must be approved or disapproved within 30 days after submission. If the Committee fails to take any action within the specified periods, it shall be deemed to have approved the material submitted except in those respects that such material is not in conformity with the provisions of this Declaration, as to which respects it shall be deemed disapproved. 5.06 Construction Once begun, any improvements, construction, landscaping, or alterations approved by the Committee must be diligently prosecuted to completion. If reasonably necessary to enable such improvement, construction, landscaping, or alteration, the person or persons carrying out the same may be entitled to temporarily use and occupy portions of the Common Areas in the vicinity of the activity provided that they promptly restore such areas to their prior condition when the use of the Common Areas is no longer required. 5.07 Liability for Damages Neither the Committee nor any member of the Committee will be held liable for damages by reason of any action, inaction, approval, or disapproval taken or given without malice by such member or the Committee with respect to any request made under this Article IV. 5.08 Declarant's Obligations Declarant hereby covenants in favor of each Owner: (a) that all strictures to be erected by it and all improvements of the Common Areas to be accomplished by it in the PRD will be architecturally compatible with respect to one another; and (b) that on the date on which this Declaration is recorded in the Public Records, all Lots and Units and Common Areas of the PRD will be located approximately in the locations shown on the Plat. 23 ARTICLE VI —MISCELLANEOUS PROVISIONS 6.01 Indemnification of Board of Trustees. Each member of the Board of Trustees will be indemnified and held harmless by the Association against all costs, expenses and fees reasonably incurred by the member in connection with any proceeding to which the member may become involved by reason of being or having been a member of the Board of Trustees. This indemnification does not extend to nor cover actions on the part of any member of the Board of Trustees who intentionally or knowingly violates local, state or federal laws or who clearly acts in bad faith. 6.02 Expansion of the PRD. The Property is all of the land upon which the PRD will be developed. Multiple phases of the PRD are contemplated. However, all additional phases will be developed in conformity with this Declaration and will be governed by this Declaration. 6.03 Invalidity. The invalidity of any provisions of this Declaration, or any portion thereof, shall not be deemed to impair or affect in any manner the validity, enforceability, or remainder of this Declaration and, in such event, all of the other provisions of this Declaration will continue in full force and effect as if such invalid provision had never been included herein. 6.04 Waiver. No provision contained in this Declaration may be deemed to have been abrogated or waived by reason of any failure to enforce the same, irrespective of the number of violations or breaches that may occur. 6.05 Singular and Plural; Masculine and Feminine. The use of the singular in this Declaration refers to the plural, and vice versa, whenever the context so requires. The use of the masculine gender in this Declaration refers to the feminine, and vice versa, whenever the context so requires. 6.06 Headings. The headings appearing at the beginning of the paragraphs of this declaration are only for convenience of reference and are not intended to describe, interpret, define, limit., extend, or otherwise affect the content, meaning, or intent of this Declaration or any paragraph or provisions hereof. 6.07 Conflicts. This Declaration is set forth to comply with the requirements of applicable law. In event of any conflict between this Declaration and any provision of Idaho state or local law, the provisions of the latter shall control. 6.08 Effective Date and Automatic Renewal. This Declaration will take effect upon recording in the Office of the County Recorder of Madison County, Idaho. This Declaration runs with and binds the Property for a term of thirty (30) years from the date this Declaration is recorded, after which time it will be automatically extended for successive periods of ten (10) years each unless terminated by written agreement of sixty -seven percent (67 %) of all Owners. 24 IN WITNESS WHEREOF, the undersigned, as executed this instrument on this day of 1 2008. Declarant Summerfield Development, LLC: By: Troy Kartchner, Manager STATE OF Idaho County of Madison ss On the day of , 2008, personally appeared before me, Troy Kartchner, who, being duly sworn, stated that he is a Manager of Summerfield Development, LLC; that the foregoing instrument was signed on behalf of the company; and that he is vested with authority to execute this instrument on behalf of the company. Notary Public 25 EXHIBIT " A " LEGAL DESCRIPTION OF THE PROPERTY [INSERT LEGAL DESCRIPTION FOR PRD, minus LEGAL DESCRIPTION FOR ADDITIONAL LAND] 26 EXHIBIT "B" BYLAWS GOVERNING SUMMERFIELD HOMEOWNERS ASSOCIATION, INC. ARTICLE I — BOARD OF TRUSTEES Section 1.1 General Responsibility. The Property comprising the Summerfield Planned Residential Development (the " PRD ") will be managed by a Board of Trustees consisting of five Owners (or Owner's designee if the Owner is an entity) or Owners' spouses to be selected by the Summerfield Homeowners Association, Inc. (the " Association "), which is all of the Lot and Unit Owners in the PRD acting as a group in accordance with the Declaration and these Bylaws. The Board of Trustees has all the powers, duties, and responsibilities as are now or may hereafter be provided by law, the Declaration as the same may be amended, and these Bylaws as the same may from time to time be altered or amended; provided, however, subject to the limitations of Section 3.20 of the Declaration, the Board of Trustees may engage the services of a Managing Agent and fix and pay reasonable fees or compensation therefore; and delegate duties and functions thereto; provided further, that until (i) One Hundred Twenty Days (120) days after the date by which eighty percent (80 %) of the Lots and Units have been conveyed to Lot or Unit purchasers, or (ii) after two (2) years from the date of completion of all construction on all phases of the PRD, whichever occurs first, each Owner by accepting a deed to any Lot irrevocably consents that Summerfield Development, LLC, or its designee, may act as the Managing Agent for the PRD and have all the rights, powers, duties and responsibilities conferred upon the Board of Trustees and Managing Agent under the Declaration and these Bylaws. The engagement of a Managing Agent is a financial decision and subject to the limitations contained in Section 3.20 of the Declaration. (a) One of the members of the Board of Trustees must be an Owner of a Unit in the #1 Townhomes (b) One of the members of the Board of Trustees must be an Owner of a Unit in the #2 Townhomes Section 1.2 Operation and Maintenance. The Board of Trustees will be responsible for the control, operation and management of the PRD, in accordance with applicable law, the Declaration whereby the PRD is established, these Bylaws, and such administrative, management and operational Rules and Regulations as the Board of Trustees or Owners may adopt from time to time as provided in these Bylaws and the Declaration, and all agreements and determinations lawfully made and entered into by the Board of Trustees. The Board of Trustees may, in this connection, provide for the proper and reasonable control, operation and management of the PRD and of the maintenance and repair of the Common Areas and facilities appurtenant thereto. The operation of the PRD may be conducted for the Board of Trustees by a professional agent or agents, having requisite skills in residential PRD operations and maintenance. 27 Section 1.3 Board of Trustees Vacancies. In case of any vacancy in the Board of Trustees, the remaining members may elect a successor to hold office until the next meeting of the Owners Association. Section 1.4 Officers. The Board of Trustees must appoint or elect from among its membership a chair, a vice chair, secretary and treasurer, who will hold office at the pleasure of the Board of Trustees. The chair of the Board of Trustees, or in the chair's absence, the vice chair, will preside at all meetings of the Board of Trustees and at all Association meetings. The secretary will take and keep minutes of all meetings. The Secretary will perform such other services as the Board of Trustees may impose. The treasurer will have the custody and control of the funds of the Board of Trustees, subject to the action of the Board of Trustees, and must, when requested by the chair to do so, report the state of finances of the Board of Trustees at each annual Association meeting and at any Board of Trustees meeting. The treasurer may perform such other services as the Board of Trustees may require. One person may hold office as secretary and treasurer. Section 1.5 Regular Meetings A regular meeting of the Board of Trustees must be held immediately after the adjournment of each annual Association meeting at the place at which such Association meeting was held. Regular meetings, other than the annual meeting, will be held at regular intervals and at such places and at such times as the Board of Trustees may from time to time by resolution designate. Notice must be given of regular meetings of the Board of Trustees as provided in Section 3.1 of these Bylaws. Section 1.6 Special Meetings. Special meetings of the Board of Trustees must be held whenever called by the chair, vice - chair, or by a majority of the Board of Trustees. Written notice of such special meeting must be given not less than 24 hours in advance of the meeting; provided, however, that by unanimous consent of the Board of Trustees, special meetings may be held without call or notice of any time or place. Section 1.7 Quorum. A quorum for the transaction of business at any meeting of the Board of Trustees consists of the majority of the Board of Trustees then in office. Section 1.8 Special Committees. The Board of Trustees, by resolution, may designate one or more special committees, each special committee to consist of two (2) or more of the Owners, which exercise the powers in such resolution set forth. Such special committee(s) will have such name or names as may be determined from time to time by the Board of Trustees. Such special committees should keep regular minutes of their proceedings and report the same to the Board of Trustees when required. The chair of the Board of Trustees may appoint persons to fill vacancies on each of special committees occasioned by death, resignation, removal or inability to act for any extended period of time. M Section 1.9 Additional Facilities. The Board of Trustees has the authority to provide such facilities, in addition to those for which provision has already been made, as it may deem to be in the interest of the members, for conducting the business of the Board of Trustees. ARTICLE II — MEETING OF HOMEOWNERS ASSOCIATION Section 2.1 Annual Meeting. The annual meeting of the Association will be held at 7:00 o'clock p.m. on the third Thursday of January each year, at such place as set forth in the notice of meeting or in a duly executed waiver of notice; provided, however, that whenever such date falls upon a legal holiday, the meeting will be held on the next succeeding business day, and provided, further, that the Board of Trustees may, by resolution, fix the date of the annual meeting at such other date as it deems appropriate. At such meeting the Owners will elect members of the Board of Trustees for two (2) year terms, which terms will commence as of February 1; provided, however, that at the first election one (1) of the three Board of Trustees members should be elected for terms of not more than one (1) year, which terms will commence upon election and expire on the next February 1 after such election, and two (2) of the Board of Trustees members will be elected for not more than two (2) years, which terms will commence upon election and expire on the second February 1 after such election; provided, further, that the term of any duly elected appointed Board of Trustees member will not expire until his or her successor is elected and qualifies. Section 2.2 Voting. At any meeting of the Association, Owners will be entitled to cast one vote for each Lot or Unit owned. However, as provided in the Declaration, the Declarant will have three votes for each Lot or Unit as long as Declarant owns Lots or Units in the PRD. (a) Any Owner may attend and vote at such meeting in person, or by an agent duly appointed by an instrument in writing signed by the Owner and filed with the Board of Trustees or the Managing Agent. Any designation of an agent to act for a Owner may be revoked at any time by written notice to the Board of Trustees or Managing Agent, and will be deemed revoked when the Board of Trustees or the Managing Agent receives actual notice of the death or judicially declared incompetence of such Owner or of the conveyance of such Owner of his or her Lot or Unit. Where there is more than one record Owner, any or all of such persons may attend any meeting of the Association, but it will be necessary for those present to act unanimously in order to cast the votes to which they are entitled. Any designation of an agent to act for such persons must be signed by all such persons. Declarant will be entitled to vote with respect to any Lot or Unit owned by Declarant. (b) If a notice of default is recorded by any mortgagee who holds a mortgage which is a first lien on a Lot or Unit against the Owner of the Lot or Unit covered by the mortgage, then until the default is cured, the right of the Owner of such Lot or Unit to vote will be transferred to the mortgagee recording the notice of default. Section 2.3 Meeting. The presence at any Association meeting having a majority of the total votes constitutes a quorum. If a quorum is not present at any meeting, the Owners present, though less than a quorum, may adjourn the meeting to a later date and give notice of 29 such meeting to all the Owners in accordance with the provisions of Section 2.4, and at that meeting the presence of Owners holding in excess of thirty percent (30 %) of the total votes constitutes a quorum for the transaction of business; but if a quorum is not present at that meeting, the Owners present though less than a quorum, may give notice to all the Owners in accordance with Section 3.2 of these Bylaws of an adjourned meeting, and at that meeting whatever owners are present shall constitute a quorum. Unless otherwise expressly provided in this Declaration, any action may be taken at any meeting of the Owners upon the affirmative vote of a majority of the voting power of the Owners present and voting, provided that a quorum is present as provided for above. Section 2.4 Special Meeting. Special meetings of the Owners may be called at any time for the purpose of considering matters which, by the terms of the Declaration, require the approval of all or some of the Owners, or for any other reasonable purpose. Section 2.5 Calls and Notices of Meetings The calls and notices of all meetings of the Owners must conform to the provisions of Article III of these Bylaws. Section 2.6 Waiver of Irregularities. All inaccuracies and/or irregularities in calls, notices of meeting and in the matter of voting, and method of ascertaining those present, will be deemed waived if no objection is made at the meeting. ARTICLE III — CALLS AND NOTICES OF MEETINGS Section 3.1 Annual Meeting of Owners. At least five days (inclusive of the date of meeting) before the date of any annual meeting of the Owners, the secretary must cause a written notice setting forth the time and place to be delivered personally or deposited in the mail, with postage prepaid, addressed to each Owner at his or her last address as it then appears on the records of the Association. Section 3.2 Special Meetings of Owners. Special meetings of the Owners may be called by the Board of Trustees, or by one -third (1/3) in number of the Owners. Special meetings may be called by: (i) Written notice, signed by a majority of the Board of Trustees, and notice of such meeting will be delivered to each Owner in writing at least 48 hours before the time fixed for the meeting; or ii) Written notice, signed by Owners having one -third of the total votes in the Association and delivered to each Owner not less than five days before the date fixed for such special meeting. (a) All notices provided under this Section must advise each Owner as to the time, place and general purpose of the meeting and must be delivered personally, or mailed, postage prepaid, to each Owner at the Owner's last post office address as it appears on the books of the Board of Trustees. (b) Whenever all of the members of the Association meet in person, such meeting shall be valid for all purposes without call or notice, or waiver of call or notice. No call or notice 30 of any meeting of members will be necessary if waiver of call and notice is signed by all of the members of the Association who are present. ARTICLE IV — RULES AND REGULATIONS The Board of Trustees has the power to adopt and establish by resolution such building, management, and operational rules as the Board of Trustees may deem necessary for the maintenance, operation, management and control of the Summerfield Planned Residential Development, and the Board of Trustees may, from time to time by resolution, alter, amend and repeal such rules. When a copy of the rules has been furnished to the Owners, they will be taken to be a part of these Bylaws. Owners must at all times obey such rules and see that they are faithfully observed by those persons over whom they have or may exercise control and supervision, it being understood that such rules will apply and be binding upon all Owners and/or occupants of the PRD. Rules and regulations may be altered or amended or abolished at a meeting of Owners properly called and properly voted. ARTICLE V — PAYMENT OF EXPENSES Section 5.1 Assessments. Each Owner must pay the Association the Owner's pro -rata portion of the cash requirements deemed necessary by the Board of Trustees to manage and operate the Summerfield Planned Residential Development upon the terms, at the times, and in the manner provided in these Bylaws or in the Declaration without any deduction on account of any setoff or claim which the Owner may have against the Association or the Board of Trustees, and if the Owner fails to pay any installment within one month from the time when the same becomes due, the Owner must pay interest thereon at the rate of twelve percent (12 %) per annum from the date when such installment becomes due to the date of the payment thereof. (a) The cash requirements above referred to for each year, or portion of the year, are the aggregate amount as the Board of Trustees from time to time determines, in its judgment, is to be paid by all the Owners of the Summerfield Planned Residential Development then in existence to enable the Board of Trustees to pay all estimated expenses and outlays of the Association to the close of each year, growing out of or connected with the maintenance and operation of such land, buildings, and improvements. This sum may include, among other things, the cost of management, Special Assessments, fire, casualty, and public liability insurance premiums, common lighting and heating, and pool expenses, landscaping and care of grounds, repairs and renovations to common areas and facilities, garbage collections, wages, water charges, sewer fees, legal and accounting fees, management fees, expenses and liabilities incurred by the Board of Trustees under or by reason of the Declaration and these Bylaws, the payment of any deficit remaining from a previous period, the creation of a reasonable contingency or other reserve or surplus fund, as well as all other costs and expenses relating to the Summerfield Planned Residential Development. The Board of Trustees may, from time to time, up to the close of the year for which such cash requirements have been so fixed or determined, increase or diminish the amount previously fixed or determined for such year. The Board of Trustees may include, in the cash requirements for any year, any liabilities or items of 31 expense which accrued or became payable in a previous year, or which might have been included in the case requirements for a previous year, but were not included therein; and also any sums that the Board of Trustees may deem necessary or prudent to provide a reserve against liabilities or expenses then accrued or which thereafter accrue although not payable in that year. (b) The pro -rata portion payable by the Owner in and for each year or portion of year will be a sum within the limits and on the conditions provided in these Bylaws bearing to the aggregate amount of cash requirements for such year, or portion of year, determined as set forth above, the ratio of the Owner's Lot or Unit to the total of all Lots and Units, and such assessments, together with any additional sums accruing under the Declaration and these Bylaws must be payable yearly in advance, or in such payments and installments as required by the Board of Trustees, and at such times as provided by the Board of Trustees. (c) The Board of Trustees have discretionary powers to prescribe the manner of maintaining and operating the Summerfield Planned Residential Development and to determine the cash requirements of the Board of Trustees to be paid as described above by the Owners under the Declaration and these Bylaws. Every reasonable determination by the Board of Trustees, within the bounds of the Declaration and these Bylaws, will, as against the Owner, be deemed necessary and properly made for such purpose. (d) First mortgagees of all Lots and Units have the right to examine the books and records of the Association. (e) If a Owner at any time lets or sublets a Lot or Unit and defaults for a period of one month in the payment of any management assessments, the Board of Trustees may, at its option and so long as such default continues, demand and receive from any tenant or subtenant of the Owner occupying the Lot or Unit the rent due or becoming due from such tenant or subtenant to the Owner up to an amount sufficient to pay all sums due from the Owner to the Board of Trustees, and any such payments of such rent to the Board of Trustees will be sufficient payment and discharge of the tenant or sub - tenant as between the tenant or subtenant and the Owner to the extent of the amount so paid. At least five days before demanding payment from a tenant or subtenant of a Lot under this Subsection 5.1(e), the Board of Trustees must provide written notice to the Owner, at the address on record with the Board of Trustees, of its intent to make such a demand upon the tenant or subtenant. Section 5.2 No Waiver. The omission of the Board of Trustees, before the expiration of any year, to timely fix the management assessments for that or the next year, may not be deemed a waiver or modification in any respect of the covenants, conditions, or restrictions of the Declaration and these Bylaws, or a release of the owner from the obligation to pay the assessments, or any installment thereof for that or any subsequent year. The assessment fixed for the preceding year will continue until a new assessment is fixed. ARTICLE VI — RIGHT OF ENTRY Section 6.1 By Board of Trustees. The Board of Trustees and its duly authorized agents have the right to enter any and all of the Lots and Units in the PRD in case of an emergency originating in or threatening such Lot, Unit or any other part of the PRD, whether the 32 Owner or occupant thereof is present at the time or not. The Board of Trustees and its duly authorized agents also have the right to enter any and all of the Lots and Units at all reasonable times as required for the purpose of making necessary repairs upon the Common Areas and facilities of the PRD. Section 6.2 _ By Owner. All Owners and their duly authorized agents and representatives have the right to enter any of the Lots and Units contained within the PRD for the purpose of performing emergency installations, alterations, or repairs to the mechanical or electrical devices or installations located on those Lots or Units; provided, however, such emergency installations, alterations, or repairs are necessary to prevent damage or threatened damage to other Lots or Units in the PRD; and provided, further, that the Owner affected by such entry must first be notified, if available and if time permits. ARTICLE VII — REIMBURSEMENT FOR DAMAGES Each Owner must promptly perform or cause to be performed all maintenance and repair work within any of the Lots and Units owned by him or her which, if omitted, will adversely affect the building in which the Unit is located in its entirety, or any part of the PRD, and will be liable in damages for any failure on the Owner's part to do so. Each Owner must also reimburse the Board of Trustees for the full value of any repairs or replacements to the Common Areas and facilities made necessary through the negligence or fault, as established by the procedure set out in Section 3.12 of the Declaration, of the Owner or the Owner's tenants. ARTICLE VIII - AMENDMENTS These Bylaws may be altered, amended, or repealed by the affirmative vote of fifty-one percent (51 %) of the Percentage Interest of the Owners in person or represented by proxy at any regular meeting of such Owners, or at any special meeting if notice of the proposed alteration or repeal be contained in the notice of such special meeting. Summerfield Development, LLC by: Troy Kartchner Its: Manager 33 EAST 114 CORNER OF SECTION 26 74.40 ACRES STEVE K HALLE , ETU)( CLEM & LARIE THOMPSON -------------------------- 1 --------------- - - - - -- ------------------ - - - - -- - --- - - - - -- --------- - - - --- ----- -------- - � N 89 °4544" E, 3474.74' CANAL Ilk ^ 465.00 63.75' 63.75' - 63.75' 5 63 63.7 ' 63.75' 63.75' 63.70' 25' I 76.77' 80.00' 61.W 60.98 13500' 1406. 60,00' 70.00 BLOCK 15 g BLOCK 14 $ BLOCK 11 � 5 BLOCK 19 $ g m 1 0 $ $ S $ 1 g S 3 $ 4 m 9934 ft' 8 0 I m b S $ $ S S S 8 $ 8 8 12 8 13 14 c 1 0 2 0 3 8 4 0 5 0 6 rn 1 0 2 4 0 5880 o ° 1 S 2 2 3 8 4 6 5 0 6 0 7 0 8 6 9 6 10 0 11 6 o k' 0 0 Is 6 1 ° 2 LL I 7013 ft' 7013 ft' .- 7013 R= 7013 R' 7013 R' ^ 701310 .- 7013 ft= 7013 ft= 7013 ft= .- 7013 R' 7013 R= 7013 R' '- 7013 ft' 7015 Rz .^- ( °i 8275 R' 6600 R= ^ 6600 R' 6600 ft =' 6600 ft'' 8359 IF m N I 8714 R' 6710 R' : 6712 R' Ld 6600 R= ^ 7613 R= o �W ; '0 C2f ^ 66416 „ ro 63, 84' J N G20 56.04' 60.00' 60.00' 60.00' 60.00' 56.76' o ' I C-20 ; 61.00 61.07 a B F ^ 60.00' 70.00' o I 63.75' 63.75' 63.75' 63.75' 63.75' 63.75' 63.75' 63.75' 63.75' 63.75' 63.75' 63.75' 63.75' ° I 8087 ft' co cs m 37 0 SOU S T REE TI 89. m _ _ _ - _ - _ _ _ _ �' 25 41541' S B9 °45'44' W, 59622' _ _ S 89 °45'44' W, 460.81' I N 89 °45'44' E, 288.00' O v S89 164.00' Nt S 89 °4544' W, . ! ,"., �q 7 °° N cli 6177 ' 7186' 7186' 7186' 67 60' 67.60' 67.60' 67.60' 67.60' 67.60' 10 N KIM WEIMER, ETUX O LANDSCAPE BUFFER 1 71.86 67. ¢ 34 34 , 34' 110 I .82 31.38' t "' t.an�SCaPEeuFr -ER 1 e LAWSf AREA rc 34' 31.45' 34' 34' REro9noN AREA .00' �D 130.00' 4 8 1$ 2 8 6 S 7$ I no.00' ,10.00 I W 47 48 49 50 57 52 3 8 4 8 5 � 0.20 AC. 1 18 8 its 'M I 3 $ $ ` Q a' ° ° 7436 R $ 7436 IV ° 7436 R' ° 7436 ft' ° 7436 ft' ° 7436 R' ° $ 0.21 AG m a 6771 R' 2 $ o = p w i 7730 ft'^ m ` 6819 ft' a 6844 R' 1 v i 8624 ft' N 8624 R' N 64 82 R= 8097 ft^ 1 ^ N, I 1,0.00• nn 9827 ft' ^ I g Src a CSI �J °j 30' ^ 93' 67. 60' ^ 67.60' ^ 67.60' ^ 6760' ^ 6760' ^ 67.60' 25' 9 3 na.96• , v W 110.00' 110.00' PD 76. 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I_ 130.00• U i Qooa• 60 0 40 ; �� �• / e " 3 EAST 110.00' 110.00 3 12 O 415.00' 4 m 0 17 0 _ ro/ v 20 A 12 1 > 95.02' m . 42 1 3 aC n - 1 : - !� 5 m t4 m u 67710' m ^° 9829 ft' n ( ^ 8989 ft' 2 rn O ° 11, 670 ft' eti (� ^ - ¢ ,s U R CO 6807 R= I m b t/ 61 88 6607 R= W 7 N �/�d` Y 4 p 15,174 R' ph �6'A 1 m 41 O� o W 110.00' BLOCK 11 W 123.00' 11,255 R: b 7 h 0 7 0 o 130.00' UJ 1 n ^ ry 14 11,944 ft' o W 62 m 87 Q I 7 t am., 110.00• _ 110.00' _ I ^ _ C� R N , ^ 40 > Q 23 1§ 63 86 13 127.05' of m ,[J _ 17.01' 7 52. ^°' I 13,918 R' I _ a 6 13 6771 ft' LOT 27 6 � °' 68 R= LQ o O 50'00, -. m 5 16 N .^_ ,% o n / 39 a I uj ,� , 6807 ft' n I m r '� 9362 ft' <- ll 10, 822 ft' v �° 64 85 9829 R= I: Y n � � , 9 ?> 99.73' ¢ ¢ 9 a 110.00' 110.00' 110.00' F ,23.00 U v 8 N +5565' 13 w (� 92 UNITS 2 e 1 I 14 43.53 ACRES TOTAL 1 '� IS w 10 o m 12 (n o R= ,4,906 ft= 38 m I W Iz TOWN HOMES � 7 .35 ACRES LESS ROADS °° ^ 2 o e y 68079= 6B97ft= 677, ft' ,30.00' 10,305 41 m 6 W W 15 m 120.46' 78 73 _ 11,142 ft' 37 � � 11000• ^ 989 ft= ( 9362 ft' ,,.661 R 1272' 14,087 R' m m a.1E6 ACRES zI �I m FUTURE RESIDENTIAL ,10.00' 118.00• o i m COMMON AREA z 145.00' a N m 36 F g O le I - 1 ;,'+', 71 Q 0 123.00' m 34 _ 132.00' °i 140AC z " 19 Tr m 8 m 71 m I 6771 ft' 130.00' Q 9 24." m m _c"'., ft' 1x8.6 74 - "' 134.00• ~ 35 I 6807 R' 6807 ft' t 0,222 b m 11,442 R= a5 110 1 17 I I J 2 G m 110.00' O O O - ^ ^ „' � �+ 3 _ R .00' f0, 00' ' ^ X 98 9 R= n 9362 ft' ro ' 11, 20 R= m ^ N w $ ,2 °0 11.590 R' a: -W , fe 65 , 13 I �, 9 m 10 I h N L0 ,/ I w 11, 792 ft- q; m I �, 34 66 14 a> 6807 ft' `O 6807 R' 67760= ;o ' 123.00' 133 40 145.00' m m _ ze P e +o ^ _ NN ^ f 771 A 10 I �•l 132.00' e I 90 90' Q 33 67 2 110.00' 34' 34' m --I 1.00' - 4.57' 15 °+ o Q 68 81 15 34' I 34' m 110.00' LarnSCAPEBLFFFlt I m �, 30 Cn 8 I 10, 572 R' ' w m 13 ' 6 °m 11, 660 R' N ~ 134.00' � 32 ,'_'., 1�'iExncw AREA 41 c v 17 V4 9829 ft= 13 ^ , N ^ ° I 8L0 K 17 4 - ^ (!+ k R 16 I I o 6352 ft= o In i 1 9362 R' 10,038 ft' 60.16' z m 3 ' ` T ( 146. m 85.5 $ 6' „ $ m - 31 _ I 69 80 ,23.08' - „ 12 , SGA 1 v) 11 792 ft m ,= ,,SCR= I ° EAST 6 S OU TH S REA 4_ L 130.00' - ^ 12, 164 ft' ' tErjj A W 13200' o = E AST 70 79 - 137.111' - - N89 °5248' E, 288.00' y 6 w 12 134.00' z '• 13549' 71 7a 5.15' 7 a 7066V O 1 �'± 8972 R= w 106' 0-300' WES 5 72 77 17 61.00' 61. T 9829 ft R ^ w 16210' 57,42' W 4 s O +� r ry I 00' 6 25 '25" E , p 11,590 ft= 1 rc i° 56,18' A\ 09- O urfER �71 ° Of�'� O o 00 30 ale 18 C ft o 19 O AREA IRE Q ai 1+,792 29 z ry o 23 0 22 6 21 20 130.00' sFAPE e N n'.•, $ ."�- + 0 0 REi EMIR �� C` 59.7 '� Q ai p• 1 0 6710 R' ^ 6710 R' 6980 ft' , I N 1 ° O12� O 1 1 J g a l m m 132.00' 10,338 ft= ll 1., s' 73 74 75 76 19 ^ 5870 R= 9829 R' a) O S , , 6 - 134.00' 28 1 ° $ ^ ry m R 966'__ �- Q• �/ 81.16' 8 6 7 CS 32' 6 ! W zY - 20 m 30' 61.00' 61.00' 63.67' 75.19' 107.14' m 217.0 64, N 9256 R' ,�.� 9 11,590 R= m 27 m, ° 130.00' v 57. 5 g 10,005 ft' ^ _ - 77.58' S �+ EAST b' 23.78' W 78.00' 8.00' 78.00' 4 0 783 11 43' 6 , ft= m BLOCK 11 11 ,^ ° I . N ¢ 9820 R' n z t _ 0.11 AC 761a M 79.52' 75 o, o e o . ' I a o n R= 3 g 9820 ft' - 61.8 '° 132 00' TWIN HOMES 9829 30' , g1 29' ti m 133.49' -.i- 4 ryry`� o 24 8 25 $ 8 26 R= ° 130.00' 10 7 8 R' ° 6823 R ``�- 92.8 .C. O 10 8507 R= 8580 W 24 UNITS I _ ,05, R: " 81.j 48,01' ^ 1 ( 020 A 26 25 24 23 22 21 '� 1 33.1 !,+ m 1 _ m10,219 ft'`� g1.16' 81 o m in 8 h 12,365 ft= 701.53' 10 12 - 8 ,.16' 8 cJ m ui 34' 34' 32.71 23.6 I 63,29' 78.00' 7800' 78.00' 9829 ft' °' w 81.j BLOCK 21 - x311,310 R'� 32' °I ^0 12,393 ft= I 271.33' `" m 8 , 1 6' R 9 8 ,32.55' , - 5 0 SOUTH S T _ _ _ _ _ _ _ H _ m g, �� o � +0362» a _ _ _ _ _ _ _ _ _ CO P AS E 1A 1 N 89'5248' E, 696.31' 130.00' ui z 96. 8p. 9g' „ ` 10 130.6 _ _ - -- - - N 89 °52'48' E, 268.00' n 10,080 R' _ 089 °5248'E, SB8.00' H 60.3 12 9820 R= O S O S R =6000' L= 442.96' _ \ iarmsuPes a 794 CO -_ 29,4 'y \! �` LN E✓AFA c aFrF+noN aRFA S m V 6B 64 � ' 27429' 23.97' c� 333.86 3 , �. 6974 M 5030 29 ft= ^ .� 0 13 0, 9647 R' i9 44' - 1 1 - 1 20 6A 6B 8 5.4 SB 4A 48 8 3A 3B 2A 28 8 1A 18 m ° 9557 R' 79.44' p R _gpOd 1 30.10' I 9 ^ 34' 34' m $ 14 7 9 . 44' _ .-�- 130.55' m 611 t R' 130.00' N 8769 R' qq• - =537 0 +^° � 'rr. y I 6111 R' 6392 a° solo r W I 79. - A 128.30' N - 6111 R= :o solo Soso r 50 SoSO x* s Soso n' S05o solo x' soya 5050 6997 a' 2 30' ^ 79 41 1 000' �--�'- , w m 9893 R' o N I I - 00.00' - R N 14 R ° 80.80' $ 23 �o w 1 100.00' 100.00' I 64.76• Soar 54.x0• .a soar S9.ar soar soar soar So.op• o C - 1 20.00 90 ° 11'54" 31.49' 11931 R= w ( 87 �0� "�� 80' ° - `' 11,417 R= 3 � 126.97 _ 2 2 19 A 5°.ar sa.a'' sa.tr Io ss.00•�oo ' 80. 0 123,96' 1 23.78' 1 a i. 8().80' ° h 'n 6111 R ^ 6111 R= _ 328.36' _ or2� sago" 32 ' LU ^a DELTA = 58 °11 `58" a �.. m 100.00• 6111 ft' I ° _ 7 h 0.662 ac 2 m E N17 , p $ �I W 127.60' N roO.00' 100.00' PARK AREA N R-1pp0' 10671' _ 80.8 7 o ,009 6 p 10,9070 �, p[ PARK W r F I W 6005 ft' ° N 85 °47.42" E R= 54. 622g� 10,,54 ft= o z I 3 I 3 _ 18 W 00. g0 g0, 4 11,43 ft= Q,_ 11,410 ft' '4 IQ H- N 22 �P' ' CHURCH SITE 6111 ft' G Q V.. _ 1 00' $ 6111 R= 6111 R= R _ 100.00 A {-� 100.00' t- o soo ft= TWIN HOMES 00 00 91.11' ( S 89 4916 1313.88 N 67.68' in 3 p "�{ (� 11,162 R= 11893' I m +° - 11,371 ft' 'A ,00.00' u W 1v3 I 2 11,224 ft- m - 13,26' i`" }._. 13.85' BLOCK 10 CJ 5.357 ACRES - - - 24 UNITS llD LANDSCAPE BUFFER 32 , , 99.84 r^ O 4 z 17 .^ N n RETENTION AREA 1 1,025 ft= 78,8 A v J ,1.21' O ^ ^ W 1 4 "�+ 100.00' N 11,935 R= 8.8 �' A W 124.3 3 w LOT 1 a $ I O 6111 R' �"► 6111 ft= 6111 R= 1 132.73' 7 83.66' N 11,46= ft= - 3.71 ACRES ` ` a a; 00 4.513 ACRES NET `' m I Y `° Q ( co 9 O S I rn 78.88' 79.10' _ �+ 100.00' 100.00' 100.00' 1 18.93• 21 i+. M try r 10,859 ft °' a 45' 14.1 8 ° $ w 11,283 R' `n °i 1 O W' M LOT 35 5 ,6 �- 6009 R CURVE NUMBER RADIUS DELTA LENGHT I m 79. 82.40' c'n m 4,1 Q °! 118.34' ` F 5 1 1 100.00' 3 w z 79.17 5 8 . 55' BLOCK 22 9 13,009 R= 6111 R= a 6111 R' m ,0 6111 ft= ;o Q • 135.51' ° 25.43' `� 12,549 R= ° 120.00' ;+ 1 m - G2 20.00 89 ° 48'06" 31.35' y r 79.17' w 10 $ 100.00' a 10 ` O 100.00' 100.00' V ° N Z Q) ° 6009 ft= C -3 20.00 90 °17'43" 31.52' Z 17 °,2za7ft= e- 0 4 ,( y BLOCK 6 Z 2 g 12 11,651 R= 20 11,705 ft= \ `� ^ 6 Q 6 15 M $ 100.00' $ C-4 20.00 89 °45'03" 31.33' v �! I Z o 0 13 w„ 11 681 R' 3 83.62' 37 m y 9916 R' - 'r>¢, t... !. I 11,123 R' m ° 14 ° 11,101 ft= - cn l SA w` '^° '^° `^° '^° �.. w m 1Q584 R= Q 83. - � � 61 f 1 R' •.� 1 6111 ft= G5 20.00 90 °14' S7" 31.50' P _ A 5 ,' \ �� � 1 . 138.3P rn 71' 4995' " m 811' w ',2 3 �:� 100'00' f $, 1 1 �� v 0 6009 Ra o C 6 20 00 90 ° 14'03" 31 50 I 68.72' .68' 33- N 50 " 283.21 �.�' 12 m� \ �• w \.J - $ m C -7 20.00 89 ° 45$7 31.11' 83 Bass' TWIN HOMES 7 +oo -oo' c -8 20.00' 89 °4448" 31.33' 3 - 83.66' 0 308 - , 19 5 °� I W 14 UNITS " m 6111 ft' m r w 1 W 6111 ft- 6111 R= ,� 1 w - 12 - G9 10.00' 89 ° 45'03" 15.66' R 1 - !�� . T ssas ft' 2 222 k \ P � ` t [ 20.00' 90 1512 31.50 N 11,349 R' �, w - - - 135. -• � TR C' 85. 32 \ 12,153 R= = G10 a N 85 °4742" E, 303.25' _ - �- -. 1 u C` `••( G \ ( 10000' L I _ :- F r' � m� e I!'^� 8009 R' _ _ 5 85.27' 9 1 6g� ' \ ,0820. 31.50' 42Q 0�' 8 '+J w 8 13 (/ I S" m 100.00' 141.10' V 50 48.65' ! A 85.28' 36. \ -p 125918 °,a try f $ 31 1T 100.00' 6111 Rz o 6111 ft= 6111 R' m Q 4 61.19 ' -' 7 0 979° wz 6 ` � _ �' r J 127.78' 151.05' I a' O 13 ° a 100.08' 109.00' I m � m 11,576 ft' m i 143.89' 5 N I° ? 11,8030= 13 146.68' I N N 6 - Iz N 0 11,228P 149.12' LANDSCAPE BUFFER - ° PETENnI AREA I L 08 18 5_3 4' � m P� 9 � 80 00' 80 00' 80 00 80 00 80 00' °u.w � ` ' Z p0 > M _ N89 259.91' _ _ -� �a1, 610 SOUTH STREET M 82 55 82 69' 82 69' 8269' 82.69' 43.81' 39.06' S LANDSCAPE BUFFER o I ' 50.74' 8269' 82.69 8269 7 $ '^ 12, 334 ft' 1 ' 100.001, a RETENTION AREA I u u� i w z $ 6 S 7 $ 8 $ 9 $ 10 $ 11 0 12 $ 9965 R2 $ 14 "� ' 64.9' t a 9923 R 0 N 9923 ft= o ,., 9923 ft= N 9923 ft' n 9923 ft= c 9923 ft 9923 ft' �°, c 16, 915 R 12,334 ft= I 13 S 14 7072 R= 0 7072 R' ; 7072 ft= ,^_ 7072 IF 7072 ft' ; 707211- 31.3' ° BLOCKS 64.29' 64.29' 64.9' 18 151.34' a n S � 30 ' 82.37' 82.69' 24 82.69' 82.69' 82.69' 82.69' 1 82.69' 82.69' 163.6 224.88' 13,882 R= S89 - 53'18 - W, 871.20' ' 5610 110.00' �•+. 1 0 \ a ' 12, 34 ft' m m ° 5 110.00' ° o - � M 19 151.34' I 21,616 ft' $ 3 � w' 225.00' � i° N 12,334 R= W 0 4 0 U 151.34' 21,629 ft' I o rn I o �J o 6 CO 4 $ O 225.13' 00 12,334 R= /n c J I UJ O 151.34' 1 h 0 Y 3 U a O m °' W 0 21,641 R' •J h 5 ° Qlm m N 12,334 R' Q O N 225.26' ^, 1 151.34' o O Co 2 m 5 .°n 16 21,653 ft' m 12,334 ft' I ' 50.74' 151.34' I 225.38' 0 0 7 $ '^ 12, 334 ft' 1 w 21, 665 ft' m 100.001, a 1 ° 0 151.34' I 1 225.51' IANDSCAPE BUFFER p RETENTION4 AREA M O LANDSCAPE BUFFER f RETENTIIX4 AREA S89 444.94' 308 - O o 6009 ft= N 89 °53'18'E, 162.42' i � _ 5610 R w 8466 R= ,� 12 9 (� I 9 12 10000' 6111 R' U m . m 10,218 ft= V 6 6111 R' 6111 ft' 83.22- 34.37 41.84' 86.73' � 30A g e 14 \ °' - O 5610 R= _ 8'F r 0 100.00' I 100.00' 100.00' 1 0 6009 ft- 8 9 10 g N I O 110.00' "' 10,123 ft= AO' .6 11 m _ _ _ + h 11,429 R' ^ 10 10 11 100.60' 0 8602 ft' 8191 ft= 8 8588 ft' $ S I Lf) 6111 R= R� > 0 oa ' o g, p• h 6111 R= 6111 R= Y 0 rn 100.00• 100.00' 34 ` 34 ' 15 SY 4' 5610 R= 111.01' 34' 34' 100.00' I LARRY SIDEWELL JENSEN FAMILY TRUST _ - -- S 89 °4945' W, 751.53' - g SA SB l g , 4A 49 $ 3i B 5050 M 5050. 5050 iN 5050 R' S�.n) 4' 5050 M 0 50.00• 50.00' .. 50.08' " _} 50_'^ 5000• BLOCK 1 PARK AREA 0.90 ac. - i- f • W O 0 0 N 0 O j U I I I IW v! IW I� I O Q "' LONG CHORD S 44 °4348"W, 28.33' N45 °16'12",, 28.23' S44 °43'56'W, 28.36' N45 °1440"W, 29 -22' S44 °45'20" W, 28.35' S 44 °4546"W, 28.34 S 45 °14'14 E, 26.23' S 45 °1433 "E, 28.22' S 89 °37'51 'W, 14.11' S 44 °4527"W, 28.35' 2A 2B 8 lA iB 5050'r 5050 R' a 5050 d' 8821 50.00' 1 50.00• ( 50.80• I 75.0: ^gyp 3 ,5 9 573' 87.08' 86.73' _ '� J , 1 urms�weE �.Fr�n J ° 8 0 4 9647 ft- p yl 93.30' 93.30' I 29A g 613 o 6071 ft- m ^ ' �a m m m LEGAL DESCRIPTION ,�. 14 G, o N "5610 R= n 109.23' m h n 9215 13 8 12 5 S S g „ o ° ° _ _ 100 � 8591 ft' w o 930ft= $ 9243 ft' °^ h I 110.00' $ ,8 089 °52'48'c, 300.00' 089 °248' 268.00' 607 R' PART OF THE SOUTHEAST QUARTER AND THE EAST HALF OF THE SOUTHWEST 6 m 288 7219 ft= -i +00.00' QUARTER OF SECTION 26 TOWNSHIP 16 NORTH RANGE 39 EAST OF THE BOISE 11634' 124.87' a O 0 LO LO CV 0 N O Z 64.29' � SOD• 9 j29' \ Z"14 _ ' 50.74' v 93.30' 93.30' 5610 R'� S61 _ m � 110.00' I 34' 34' I 25 17 Z� 100.001, a 1 ° 0 2 2 0 3 0 N 89 °53'18'E, 259.91' � ,10.00' n $ 7220W 7072 ft' ° 7072 ft2 7072 ft' 15 7072 R' 7072 ft' 7072 R= ^ "� ' 64.9' 110.00' I LL 17,803 ft' BLOCK 4 85.60' 64.16' 206.14' I 278 $ 9 0 10 8 11 So 12 0 13 S 14 7072 R= 0 7072 R' ; 7072 ft= ,^_ 7072 IF 7072 ft' ; 707211- 31.3' 5610 ft- 64.29' 64.29' 64.9' 18 ui a n 64.29' e 16 ° h 17 24 23 22 21 20 19 18 27A o .3o m� 722u ft' F Fr z r m 1 5,862P 13,882 R= ' 5610 110.00' �•+. 1 0 \ 17 I 16 110.00' ° o - � M 19 W I� 25' 11634' 124.87' a O 0 LO LO CV 0 N O Z 64.29' 64,29' 64.29' 64.9' 64.29' 64.9' 64.9' 6071 ft' $ ° ° $ S 100.001, $ 1 ° 0 2 2 0 3 0 4 5 6 7 0 7072 ft' ° 7072 ft2 7072 ft' 7072 ft' : 7072 R' 7072 ft' 7072 R= ^ 64.29' 64.29' 64.29' 64.9' 64,29' 64.29' 64.29' 34' 34' BLOCK 4 20 1 8 0 9 0 10 8 11 So 12 0 13 S 14 7072 R= 0 7072 R' ; 7072 ft= ,^_ 7072 IF 7072 ft' ; 707211- ; 7072 ft' 64.29' J 64.29' 64.29' 64.9' 64.29' 64 - 29' 64.9' RAYMOND & IRIS HOGLUND 1 26A _ p m '�� m WEST, 550.00 FEET, THENCE SOUTH 89 °53'1$" WEST, 871.20 FEET, THENCE SOUTH CON P 1 C 14 56100= ° � 20 � � 13 m I 110.00• n m 72200' m 7n 630 SOUTH STREET 089 °52'48'E, 568.00 - �- $ �;; �, 0 °2021 "EAST, 550.00 FEET,' THENCE SOUTH 89 °53'18" WEST, 444.94 FEET,' THENCE 110.00' I 268 °_. 7220 R' 2 15 5610 R' 110.00' I UWN HUMtJ F. 1 I 258 w �1 2.815 ACRES _� Ssto � e 21 12 a 7220 ft' O I 25' N 24 UNITS � � I 5610 25A R= 110'00' CQ g � RE AREA 11 y I (;OMWNAREA 1 110.09' 22 N �¢ 1.79 AC. 10 I 3r 7220 248 0 $ ft' h W a 9 5610 ft' 110.00' " r s 3s• 8 i 24A m o ,$ 23 $ 1 ur 1 2 3 4 5 6 7 I 6500 ft' 7220 ft' I 25' _ ° 110.00' 110.00' 34' 34' 31 .50' y, LANDSCAPE B(FFER 26994' 1 n RE(ENA AREa _ 1 64.29' ' 17 MERIDIAN, MADISON COUNTY, IDAHO DESCRIBED AS FOLLOWS: 64,29' 64 -29' 6071 ft' $ o MARYANN BECK 25' I s 100.001, BEGINNING AT A POINT WHICH LIES SOUTH 0 EAST ALONG THE EAST LINE OF 6 8 p 7072 ft' ° , 0 6071 R= 6 "' SECTION 26, 468.39 FEET FROM THE EAST QUARTER CORNER OF SAiD SECTION 26 w W m 10000, AND RUNNING THENCE SOUTH 0 °22'09" EAST ALONG SAID EAST LINE OF SECTION 19 6071 ft= aw '" 26, 851.71 FEET THENCE SOUTH 89 °49'16" WEST 1313.88 FEET,' THENCE SOUTH j rc 25' m I $ $ 100.00' 00 0 0 21'15" EAST, 1318.74 FEET TO THE SOUTH LINE OF SAID SECTION 26; THENCE 34' 34' ' SOUTH 89 °52 48" WEST ALONG SAID SOUTH LINE OF SECTION 26, 1314.23 FEET TO 20 1 Is X71 ft= d THE SOUTH QUARTER CORNER OF SAID SECTION 26 THENCE NORTH 0 1 26A _ p m '�� m WEST, 550.00 FEET, THENCE SOUTH 89 °53'1$" WEST, 871.20 FEET, THENCE SOUTH CON P 1 C 14 56100= ° � 20 � � 13 m I 110.00• n m 72200' m 7n 630 SOUTH STREET 089 °52'48'E, 568.00 - �- $ �;; �, 0 °2021 "EAST, 550.00 FEET,' THENCE SOUTH 89 °53'18" WEST, 444.94 FEET,' THENCE 110.00' I 268 °_. 7220 R' 2 15 5610 R' 110.00' I UWN HUMtJ F. 1 I 258 w �1 2.815 ACRES _� Ssto � e 21 12 a 7220 ft' O I 25' N 24 UNITS � � I 5610 25A R= 110'00' CQ g � RE AREA 11 y I (;OMWNAREA 1 110.09' 22 N �¢ 1.79 AC. 10 I 3r 7220 248 0 $ ft' h W a 9 5610 ft' 110.00' " r s 3s• 8 i 24A m o ,$ 23 $ 1 ur 1 2 3 4 5 6 7 I 6500 ft' 7220 ft' I 25' _ ° 110.00' 110.00' 34' 34' 31 .50' y, LANDSCAPE B(FFER 26994' 1 n RE(ENA AREa _ 1 64.29' 64.29' 64.29' - 64.29' 64,29' 64 -29' 64.29' 1 $ 2 ° 3 8 4 S 5 $ 6 8 7 g 7072 ft' ° 7072 ft' ° 7072 ft- ° 7072 R' 0 7072 ft- ° 7072 ft' IS 7072 ft= o 64.29' 9 f 29 64.9' 6429' 64.9' 64.29' 64.9' BLOCK 3 8 $ o 9 S 10 ° 8 11 2 o 12 $ o 13 $ 14 ° o 7072 !N ; 7072 ft' _- 7072 R' ,- 7072 ft= ,^, 7072 R 7072 R' ° 7072 R' .- 64.9' 64.29' 64.29' 64.29' 64.29' 64.29' 64.9' ' 10000' NORTH 0 °15'50" WEST, 2631.88 FEET THENCE NORTH 89 °4544" EAST 3474.74 25' 22 FEET, THENCE SOUTH 0 °22'09" EAST, 468.39 FEET THENCE NORTH 89 °4544" EAST, 6071 R= o I g ,BOO. m 465.00 FEET TO THE POINT OF BEGINNING. N 23 o 6071 R= Q CONTAINING 182.76 ACRES± 100.00' g 24 N mo 6082 R' o 34' 34' m ° 25' 100.00' I N 5098 R' 25 m C_ ON PH 1A _ 79.34' N 89 °5248' E, 568.00' 089 °52'48'E, 324.16' "v � 089 °52'48'E, 28800' 670 SOUTH STREET a, GLADE ry- & IRENE MERRELL 60.50' 6 60.50' 6 60.50' 6 60.50' 6 60.50' 6 60.50' 6 60.50' 6 60.50' 60.50' 6 60.50' 6 60, 00' 6 60.00' s s ? �B• 8 P KAREN DEBOW a LAAK)SCAPE BUFFER p LA/E BUFFER 290.96' C7 ,°., LION AREA 0.795AC. RETENTION AREA � RE TENTIO N AREA 1 270.38' R 31.33' 1 1 2 3 4 5 6 7 8 910 I 2 h W TOWN HOMES, 10 UNITS 0.733 AC. BLOCK 7 b I 2 I a w SOUTH QUARTER CORNER w OF SECTION 26 z Z w ►S 700 SOUTH STREET S 89 °52 48" W, 1314.23' COUNTY ROAD 1000 SOUTH MADISON SCHOOL DIST. 1314.23' i i SOUTHEAST CORNER OF SECTION 26 General Notes TOTAL AREA 182.76 ACRES LOT 27, BLOCK 11 43.53 ACRES SUMMERFIELD PUD 139.23 ACRES TWIN HOMES UNITS 38 TOWN HOMES UNITS 126 SINGLE FAMILY LOTS 338 TOTAL 502 SUMMER FIELD PUD ROAD AREAS 37.94 ACRES CHURCH SITE NET AREA 4.51 ACRES SUMMERFIELD NET AREA 96.78 ACRES SUMMERFIELD PUD DENSITY 5.19 UNITS /ACRE SUMMERFIELD PUD COMMON AREAS BUFFER COMMON AREA 5.02 ACRES PARKS 5.27 ACRES TOWN HOMES COMMON AREA 5.62 ACRES 15.91 ACRES MIN. FRONT SETBACK 15' MIN. REAR SETBACK 15' MIN. SIDE YARD 5' 10' PUE EASEMENT ALONG ALL FRONTAGES V OWNER: B &K, SUMMERFIELD, LLC DEVELOPER: B &K, SUMMERFIELD, LLC TROY KARTCHER DAN LARSEN 601 WEST 1700 SOUTH LOGAN, UTAH, 84321 (435) 755 -7080 No. I Revision /Issue I Date Firm Name and Address WAYNE L. CROW AND ASSOCIATES, INC. CIVIL ENGINEERING AND LAND SURVEYING 380 SPRING CREEK ROAD PROVIDENCE, UTAH 84332 (435)752 -9755 Project Name and Address PRELIMINARY PLAT PROPOSED LOT LAYOUT SUMMERFIELD P. U. D. 500 SOUTH 1500 WEST REXBURG, IDAHO M Project Sheet 30 -2007 Date 1 OF 4 6/9/2008 Scale 1"=150' summerfieldbase -2 O L0 _I I IZ II � II � I II � 74.40 ACRES Bf IDGE II I 1 II I 48.28 47.87 ° 48.81 � I e e - - -_ 4822 --------- - - - - -- - - - -- - 50.20 50.56 _ - - - - - -- ---------------------------- - ---------- i - �� -- - - --- - -------- - - - - -- 50.92 -- - - - - - - - - - - - - - 51.7 52.11 e e ° ° 4 .87 48. 3 48.75 I I 48.67 1746.82 47.19 47.5 1 1 II 370 SOUTH STREET I I CRETE HEAD GATE II I I JBLE DO ANAL BANK I I 48. �ff 46.74 -- '- - - - - -- - -� ---------- II -- 7��I7� 52.89 - - - - -- - - - - 52.14 w II ( - -- co 51.94 E"- CROWN OF RC vJ I LU - - O M A 46.79 ° W t~� HI ° �A 46.28 O I ° ° I I ° 51.50 A 46.17 I I (I I I 46.06 CO M ° N o � � � I I T A 46.03 25 ( II ° 46.13 1 45.93 I I I I I I 47.75 CROWN OF ROAD 47.53 A N S `--� STREET II EAST 114 CORNER OF SECTION 26 GLADE & IRENE MERRELL 465.00' KIM WEIMER, ETUX LU W I I� IC0 C0 EXISTING IRRIGATION I LU DITCH TO BE PIPED POINT OF o 52.23 BEGINNING N e �i R N 89 °4544" E, 465.00 51.12_ 415.0 EXPOWER POLE (TYP) TOP 50.72 '1" $ i CROWN OF RO 50' ROW -.► I I 54.20 I 1 � I I I 1 ANAL BANK TOP OF CANAL BAN 48. -- ------- - - - - -- ---'- -- '- - - - - -- - -� ---------- ° � ,� - - - - -- �- - - - - I 89 WE,--3+7,#7 -- 7��I7� 52.89 - - - - -- - - - - 52.14 52.68 51.02 53.47 - -- 48.32 51.94 1 ¢1 CROWN OF RC 50.55 -- a - - - - -- - z - - U I I ° W A 52.57 ° EX FIRE O e ° ° I I ° 51.50 ° ° 52.0 Q N r ; 10 49.82 I 46.56 49.8 I r; � • I 50.52 50.89 49.97 52.941 II 50.93 50.99 I. U) 50 96 IC0 I-- II Cn N A II o ° ° )9.30 I 49.47 I 11 I C3 ti II m IRRIGATION DITCH Lu e I I TO BE PIPED PD 4J It 48.94 49.33 co I LU LU C/) Z 49.72 m O O A ° I l e 50.34 50.39 50.53 o (n 4 .13 50.35 I) 50.26 e e ° ems- a 49. 6 w R e 52. d� ° 11 FS I I n I 49.11 49.71 50.04 ° 1 ° 50.26 48. f. A ° II I 49.95 50.18 50.22 „ II e e e 1 EXISTING IRRIGATION DITCH TO BE PIPED z II 460 SOUTH STREET 50 ° j I ° 49.68 465.00' KIM WEIMER, ETUX LU W I I� IC0 C0 EXISTING IRRIGATION I LU DITCH TO BE PIPED POINT OF o 52.23 BEGINNING N e �i R N 89 °4544" E, 465.00 51.12_ 415.0 EXPOWER POLE (TYP) TOP 50.72 '1" $ i CROWN OF RO 50' ROW -.► I I 54.20 g R 1 1 49.94 49.92 50.15 50.41 rn II 49.59 II ° ° N 48.88 ___________ -- a 48.4 - -------------- - - - - -- - - - -- -- -- ..... -- --- TOP OF BANK 52.12 A -- -- - - - - -- --- - - - - -- e TO BE PIPED 1 n o 48 A e 49.25 ° BOTTOM OF DITCH 48.24 I 48.9 49.32 49.23 1 IRRIGATION DITCH I I i ii IN HOMES CONCRETE HEAD GATE �244 UNITS Z I I I II O U TOP �� -- BOTT 50.31 500 SOUTH STREET - 49.56 49.66 50.1 ° I I I. 49.26 49.23 e I I I I 500 SOUT i 47.64 �- e ° I I ( I 1-- U1 I I TOP OF DITCH BANK IL1 () 4& 15 I 49.65 e U) I 1 11 48.02 W III � III o III ^ ^^ III TOP OF DITCH BANK 48 550 SOUTH STREET 57 46.7 I 1 � I I I 1 SS MH e 48. F- 55.17 to I I 1 � I) = 48.32 u 1 ¢1 CROWN OF RC 50.55 i z I, U I I o 0 W A 52.57 I EX FIRE O I I l w l HYD. HYD. 1 Q N r ; 10 � I 46.56 SS LIFT STA I r; � • I LI I. U) 50 96 IC0 g R 1 1 49.94 49.92 50.15 50.41 rn II 49.59 II ° ° N 48.88 ___________ -- a 48.4 - -------------- - - - - -- - - - -- -- -- ..... -- --- TOP OF BANK 52.12 A -- -- - - - - -- --- - - - - -- e TO BE PIPED 1 n o 48 A e 49.25 ° BOTTOM OF DITCH 48.24 I 48.9 49.32 49.23 1 IRRIGATION DITCH I I i ii IN HOMES CONCRETE HEAD GATE �244 UNITS Z I I I II O U TOP �� -- BOTT 50.31 500 SOUTH STREET - 49.56 49.66 50.1 ° I I I. 49.26 49.23 e I I I I 500 SOUT i 47.64 �- e ° I I ( I 1-- U1 I I TOP OF DITCH BANK IL1 () 4& 15 I 49.65 e U) I 1 11 48.02 W III � III o III ^ ^^ III TOP OF DITCH BANK 48 550 SOUTH STREET 57 46.7 46 3 IQ 13 e 48. F- 8.02 to W 48.32 u (J) CROWN OF RC o I I, U 49.71 50.50 50.57 o 0 W 52.57 ° EXISTING IRRIGATION L � EX FIRE o HYD. 52.90 Q N 0 46.3 46.56 SS LIFT STA S 89 °53'18" W, 444.94' 46.68 47.97 CROWN OF ROAD 02 1 7.47 1 1 S89 871.20' A A ° 49.87 Ill ~ I I W .01 Ulf I � e III 1 /GATIO ITCH C/) III TO EP D 1 I II W - I II o I I I Q> 110.00 - �° 47.61 �-- 111 - III (( 4' 6 110.001 - �� e 64 ° 08 ° 1 11 49.76 110.00- 11 II 24 23 22 21 20 19 �, 18 1 I 17 110.00' - 1s 48.08 I e 47.33 15 t] 14 I 13 110.00' -- 1 TOWN HOMES 7 I a 24 UNITS 12 LP o (( 11 p 1 1 10 110.00 u` I I 48.38 TOP OF DITCH BANK � I I 9 8 49.98 N 0 1 1 2 3 4 5 6 7 N O zl � i I R TOP OF DITCH BANK I 1 2 3 4 5 6 7 8 9 10 1 48. TOWN HOMES, 10 UNITS BOTTOM OF DITCH I 0.733 AC. BLOCK 7 45.20 1 47.32 2 CROWN OF ROAD 49.76 EX POWER POLE 7 50.34 CROWN OF ROAD (TYP) SOUTH QUA RTER CORNER w OF SECTION 26 J 2 2 W a K STEVE K. HALLEY, ETUX CONCRETE HEAD GATE 48.36 ° 1 ° 48.61 TWIN HOMES 14 UNITS 47.72 W F- rn 670 48.42 e e A CLEM & LARIE THOMPSON 1-- W co O N �f t-- SOUTH STREET e i 65 ° can C�nl ITLJ 0Ti7L =GT STREET RAYMOND & IRIS HOGLUND gq 6g $ SA 58 4A 4B $ 3A 3H 2A 28 $ fA 1B 49.42 Lu co W 00 M t -- 48.97 TWIN HOMES 24 UNITS I •I ' 68 CA $ 5A 5B 4A 4B 8 3A 3B s 2A 2B $ 1A .' I 49.3 -I I -- S89 1313.88' 50.32 48.83 LARRY SIDEWELL JENSEN FAMILY TRUST I I I I IQ 13 48. 2 ° 8.02 to A 48.32 u 1^ Iz CROWN OF RC I I, 49.71 50.50 50.57 can C�nl ITLJ 0Ti7L =GT STREET RAYMOND & IRIS HOGLUND gq 6g $ SA 58 4A 4B $ 3A 3H 2A 28 $ fA 1B 49.42 Lu co W 00 M t -- 48.97 TWIN HOMES 24 UNITS I •I ' 68 CA $ 5A 5B 4A 4B 8 3A 3B s 2A 2B $ 1A .' I 49.3 -I I -- S89 1313.88' 50.32 48.83 LARRY SIDEWELL JENSEN FAMILY TRUST LEGAL DESCRIPTION t PART OF THE SOUTHEAST QUARTER AND THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 16 NORTH, RANGE 39 EAST OF THE BOISE co MARY ANN BECK - MERIDIAN, MADISON COUNTY, IDAHO DESCRIBED AS FOLLOWS: Ila 48.82 BEGINNING AT A POINT WHICH LIES SOUTH 0 °22'09" EAST ALONG THE EAST LINE OF 1 SECTION 26, 468.39 FEET FROM THE EAST QUARTER CORNER OF SAID SECTION 26 AND RUNNING THENCE SOUTH 0 °22'09" EAST ALONG SAID EAST LINE OF SECTION w 26, 851.71 FEET, THENCE SOUTH 89 °49'16" WEST, 1313.88 FEET, THENCE SOUTH 90 0 °21'15" EAST, 1318.74 FEET TO THE SOUTH LINE OF SAID SECTION 26, THENCE SOUTH 89 °5248" WEST ALONG SAID SOUTH LINE OF SECTION 26, 1314.23 FEET TO 1 THE SOUTH QUARTER CORNER OF SAID SECTION 26; THENCE NORTH 0 °20'21 " WEST, 550.00 FEET, THENCE SOUTH 89 °53'18" WEST, 871.20 FEET, THENCE SOUTH 0 550.00 FEET, THENCE SOUTH 89 °53'18" WEST, 444.94 FEET, THENCE NORTH 0 °15'50" WEST, 2631.88 FEET THENCE NORTH 89 °4544" EAST, 3474.74 FEET, THENCE SOUTH 0 °22'09" EAST, 468.39 FEET THENCE NORTH 89 °4544" EAST, 465.00 FEET TO THE POINT OF BEGINNING. 48.49 CONTAINING 182.76 ACRES± KAREN DEBOW AA e e A l - ------ - - - -- -- - - -- 700 SOUTH STREET • 50.39 - _ 51.4_ S 89 °5248" W, 1314.23' `�\ S 89 °5248" W, 2628.46' CROWN OF ROAD ` EX POWER POLE CROWN OF ROAD EX POWER POLE ( (7YP) MADISON SCHOOL DIST. COUNTY ROAD 1000 SOUTH 1314.23' 1314.23' - -- SOUTHEAST CORNER OF SECTION 26 BASE BRAS 4852.: General Notes LEGEND BOUNDARY LINE 50.39 EXISTING ELEVATION -------- - - - - -- EXISTING ASPHALT - - - - - - - EXISTING IRRIGATION =��L4 � SN I t No. Revision /Issue Date Firm Name and Address WAYNE L. CROW AND ASSOCIATES CIVIL ENGINEERING AND LAND SURVEYING 380 SPRING CREEK ROAD PROVIDENCE, UTAH (435) 752 -9755 Project Name and Address PRELIMINARY PLAT SUMMERFIELD P. U. D REXBURG, IDAHO EXISTING ELEVATIONS AND BOUNDARY SURVEY Project Sheet 30 -2007 L 1012008 2 OF 4 " =150' summerfie /d- 5sheet 2 summerfleldbase2 _.. _ e e ° 610 SOUTH STREET I I I I IQ 13 to u 1^ Iz CROWN OF RC I, 49.71 50.50 50.57 52.57 ° EXISTING IRRIGATION 50.54 51.56 DITCH TO BE PIPED i i I EX FIRE I I EX SSMH I HYD. 52.90 52.64 TOC SS LIFT STA EX.POWERPOLE (TYP) • I W LU IC0 I-- W tQ) N LEGAL DESCRIPTION t PART OF THE SOUTHEAST QUARTER AND THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 16 NORTH, RANGE 39 EAST OF THE BOISE co MARY ANN BECK - MERIDIAN, MADISON COUNTY, IDAHO DESCRIBED AS FOLLOWS: Ila 48.82 BEGINNING AT A POINT WHICH LIES SOUTH 0 °22'09" EAST ALONG THE EAST LINE OF 1 SECTION 26, 468.39 FEET FROM THE EAST QUARTER CORNER OF SAID SECTION 26 AND RUNNING THENCE SOUTH 0 °22'09" EAST ALONG SAID EAST LINE OF SECTION w 26, 851.71 FEET, THENCE SOUTH 89 °49'16" WEST, 1313.88 FEET, THENCE SOUTH 90 0 °21'15" EAST, 1318.74 FEET TO THE SOUTH LINE OF SAID SECTION 26, THENCE SOUTH 89 °5248" WEST ALONG SAID SOUTH LINE OF SECTION 26, 1314.23 FEET TO 1 THE SOUTH QUARTER CORNER OF SAID SECTION 26; THENCE NORTH 0 °20'21 " WEST, 550.00 FEET, THENCE SOUTH 89 °53'18" WEST, 871.20 FEET, THENCE SOUTH 0 550.00 FEET, THENCE SOUTH 89 °53'18" WEST, 444.94 FEET, THENCE NORTH 0 °15'50" WEST, 2631.88 FEET THENCE NORTH 89 °4544" EAST, 3474.74 FEET, THENCE SOUTH 0 °22'09" EAST, 468.39 FEET THENCE NORTH 89 °4544" EAST, 465.00 FEET TO THE POINT OF BEGINNING. 48.49 CONTAINING 182.76 ACRES± KAREN DEBOW AA e e A l - ------ - - - -- -- - - -- 700 SOUTH STREET • 50.39 - _ 51.4_ S 89 °5248" W, 1314.23' `�\ S 89 °5248" W, 2628.46' CROWN OF ROAD ` EX POWER POLE CROWN OF ROAD EX POWER POLE ( (7YP) MADISON SCHOOL DIST. COUNTY ROAD 1000 SOUTH 1314.23' 1314.23' - -- SOUTHEAST CORNER OF SECTION 26 BASE BRAS 4852.: General Notes LEGEND BOUNDARY LINE 50.39 EXISTING ELEVATION -------- - - - - -- EXISTING ASPHALT - - - - - - - EXISTING IRRIGATION =��L4 � SN I t No. Revision /Issue Date Firm Name and Address WAYNE L. CROW AND ASSOCIATES CIVIL ENGINEERING AND LAND SURVEYING 380 SPRING CREEK ROAD PROVIDENCE, UTAH (435) 752 -9755 Project Name and Address PRELIMINARY PLAT SUMMERFIELD P. U. D REXBURG, IDAHO EXISTING ELEVATIONS AND BOUNDARY SURVEY Project Sheet 30 -2007 L 1012008 2 OF 4 " =150' summerfie /d- 5sheet 2 summerfleldbase2 _.. _ e e ° 610 SOUTH STREET ACTIVE ADULT COMMUNITY PARCEL - - - - - - -5-0 -0 -S -O-U -T-H - -S-T- R-F, E�T- - - - - - - - - - - I M E H � E W (� G G W U H < c I - - I - -- I 1 l 11 \lam SEE SHEET 8 ENLARGMENT 1200 WEST BUFFER SEE SHEET 4 ENLARGEMENT FUTURE RESIDENTIAL 595 S -T-H--S- -R E-E-TV MATCH LINE B: SEE SHEET 3 PLANT L IS T KEY PLANT TYPE BOTANICAL NAME COMMON NAME A Street Trees Acer platanoides Norway Maple B Fraxinus p. `Marshall's Seedless' Marshall's Seedless Ash C Malus `Spring Snow' Spring Snow Crabapple D Pyrus calleryana `Bradford' Flowering Pear STREET TREES P LAN TIN G N O T E S 1. Street trees are to be located at approximately 40 feet on center and as shown on the plan. 2. Street trees are to be installed by the Developer. 3. If driveway or utilities locations conflict with the street tree's placement, it may be eliminated or may require adjustment to the tree's location. 4. Street trees shall be centered in the parkstrip between the sidewalk and curb. 5. All parkstrips are to be planted with lawn — either seed or sod is acceptable. Planting is the responsibility of the homeowner and is to be maintained by the homeowner. 6. Refer to the Planting Specification. 0 ¢I W 6B 6A r5A SB 4A 4B 3A 3B 2A 2B lA 1B W 109 �Emmm n r�'__.,L� w !■_ ME om �"__B�� JL�Mmmw n_ ME—MEMW n —, LINEAR PARK - � SEE SHEET 8 ENLARGEMENT NORTH l " =50 FEET Revised 23 JUNE 2008 Revised 16 APRIL 2008 17 MARCH 2008 SHEET 1 PHASE ONE STREET TREES Planting Plan SUMMERFIELD REXB URG, IDAHO BK REXBURG P.O. Box 51298 IDAHO FALLS, IDAHO 83405 K. MICHAEL KELLY CONSULTANTS LAND PLANNING • LANDSCAPE ARCHITECTURE P.O. Box 469, Millville, UT 84326 435.753.2955 KEY MAP END OF PHASE 1 LIMIT OF WORK END OF PHASE 1 LIMIT OF WORK /I I I N- / / \\ I,VI I T 1 T 1 T 1 IAac A —A � END OF PHASE 1 LIMIT OF WORK PLANT L I S T NIA UH LINL U: aLL NULL I J STREET TREES PLANTING N O T E S 1. Street trees are to be located at approximately 40 feet on center and as shown on the plan. 2. Street trees are to be installed by the Developer. 3. If driveway or utilities locations conflict with the street tree's placement, it may be eliminated or may require adjustment to the tree's location. 4. Street trees shall be centered in the parkstrip between the sidewalk and curb. 5. All parkstrips are to be planted with lawn — either seed or sod is acceptable. Planting is the responsibility of the homeowner and is to be maintained by the homeowner. D 6. Refer to the Planting Specification. H � W W W r� c� W H � C H � H o N NORTH 1" = 50 FEET Revised 23 JUNE 2008 Revised 16 APRIL 2008 17 MARCH 2008 SHEET 2 PHASE ONE STREET TREES Planting plait I R. MICHAEL KELLY CONSULTANTS LAND PLANNING - LANDSCAPE ARCHITECTURE P.O. Box 469, Millville, UT 84326 435.753.2955 SUMMERFIELD REXBURG, IDAHO BK REXBURG P.O. Box 51298 IDAHO FALLS, IDAHO 83405 KEY MAP KEY PLANT TYPE BOTANICAL NAME COMMON NAME SIZE NOTES A Street Trees Acer platanoides Norway Maple 2 cal. B Fraxinus p. `Marshall's Seedless' Marshall's Seedless Ash 2" cal. . IA C Malus `Spring Snow' Spring Snow Crabapple 2" cal. D Pyrus calleryana `Bradford' Flowering Pear 2" cal. NIA UH LINL U: aLL NULL I J STREET TREES PLANTING N O T E S 1. Street trees are to be located at approximately 40 feet on center and as shown on the plan. 2. Street trees are to be installed by the Developer. 3. If driveway or utilities locations conflict with the street tree's placement, it may be eliminated or may require adjustment to the tree's location. 4. Street trees shall be centered in the parkstrip between the sidewalk and curb. 5. All parkstrips are to be planted with lawn — either seed or sod is acceptable. Planting is the responsibility of the homeowner and is to be maintained by the homeowner. D 6. Refer to the Planting Specification. H � W W W r� c� W H � C H � H o N NORTH 1" = 50 FEET Revised 23 JUNE 2008 Revised 16 APRIL 2008 17 MARCH 2008 SHEET 2 PHASE ONE STREET TREES Planting plait I R. MICHAEL KELLY CONSULTANTS LAND PLANNING - LANDSCAPE ARCHITECTURE P.O. Box 469, Millville, UT 84326 435.753.2955 SUMMERFIELD REXBURG, IDAHO BK REXBURG P.O. Box 51298 IDAHO FALLS, IDAHO 83405 KEY MAP MATCH LINE C: SEE SHEET 2 - MAT CH LINE - C: SEE SSS� - 2 - 5-9-5--SOUTH S lv1.t1 1,-11 L11 V' V. 71iLi OX Ii e_u 1 L YPICAL DE NTION TYPICLA.L TYPIC 01 ASIN A: RE ER TO oll BAS BAS B: REFER T oe oe TYPICAL DETENTION TYPI BAS SHEET AL DETENTION A: REFER TO 7 SHEET 7 - MAT CH LINE - C: SEE SSS� - 2 - 5-9-5--SOUTH S MA LINE B: SEE SHEET 1 NORTH 1 50 FEET Revised 23 JUNE 2008 Revised 16 APRIL 2008 17 MARCH 2008 SHEET 3 STREET TREES PLANTING NOTE S KEY PLANT TYPE BOTANICAL NAME COMMON NAME SIZE NOTES A Street Trees Acer platanoides Norway Maple 2" cal. B Fraxinus p. `Marshall's Seedless' Marshall's Seedless Ash 2" cal. C Malus `Spring Snow' Spring Snow Crabapple 2" cal. D Pyrus calleryana `Bradford' Flowering Pear 2" cal. 1. Street trees are to be located at approximately 40 feet on center and as shown on the plan. 2. Street trees are to be installed by the Developer. 3. If driveway or utilities locations conflict with the street tree's placement, it may be eliminated or may require adjustment to the tree's location. 4. Street trees shall be centered in the parkstrip between the sidewalk and curb. 5. All parkstrips are to be planted with lawn — either seed or sod is acceptable. Planting is the responsibility of the homeowner and is to be maintained by the homeowner. 6. Refer to the Planting Specification. 1 1tt.JJ.L%—, 1 1JV %J.L 1 4 x1\ 1 LIMIT OF WORK PHASE ONE STREET TREES planting plait S UMMEIR IELD REXBURG, IDAHO BK REXBURG P.O. Box 51298 IDAHO FALLS, IDAHO 83405 w� .. K. MICHAEL KELLY CONSULTANTS LAND PLANNING • LANDSCAPE ARCHITECTURE PROJECT BOUNDARY LIMIT OF WORK PLANT L I S T P0. Box 469, Millville, UT 84326 435.753.2955 KEY MAP YPICAL DE NTION TYPICLA.L TYPIC DETENTION ASIN A: RE ER TO BAS BAS B: REFER T TYPICAL DETENTION HEET 7 SHEET 7 BASIN A: ER TO ! MAILBOXES ' t BOXES MA LINE B: SEE SHEET 1 NORTH 1 50 FEET Revised 23 JUNE 2008 Revised 16 APRIL 2008 17 MARCH 2008 SHEET 3 STREET TREES PLANTING NOTE S KEY PLANT TYPE BOTANICAL NAME COMMON NAME SIZE NOTES A Street Trees Acer platanoides Norway Maple 2" cal. B Fraxinus p. `Marshall's Seedless' Marshall's Seedless Ash 2" cal. C Malus `Spring Snow' Spring Snow Crabapple 2" cal. D Pyrus calleryana `Bradford' Flowering Pear 2" cal. 1. Street trees are to be located at approximately 40 feet on center and as shown on the plan. 2. Street trees are to be installed by the Developer. 3. If driveway or utilities locations conflict with the street tree's placement, it may be eliminated or may require adjustment to the tree's location. 4. Street trees shall be centered in the parkstrip between the sidewalk and curb. 5. All parkstrips are to be planted with lawn — either seed or sod is acceptable. Planting is the responsibility of the homeowner and is to be maintained by the homeowner. 6. Refer to the Planting Specification. 1 1tt.JJ.L%—, 1 1JV %J.L 1 4 x1\ 1 LIMIT OF WORK PHASE ONE STREET TREES planting plait S UMMEIR IELD REXBURG, IDAHO BK REXBURG P.O. Box 51298 IDAHO FALLS, IDAHO 83405 w� .. K. MICHAEL KELLY CONSULTANTS LAND PLANNING • LANDSCAPE ARCHITECTURE PROJECT BOUNDARY LIMIT OF WORK PLANT L I S T P0. Box 469, Millville, UT 84326 435.753.2955 KEY MAP 3 TYPICLA.L DETENTION BAS B: REFER TO TYPICAL DETENTION SHEET 7 BASIN A: ER TO ! SHEET 7 ' t BOXES r? �• 1 i 1 ii T ii !jl 3 3 MA LINE B: SEE SHEET 1 NORTH 1 50 FEET Revised 23 JUNE 2008 Revised 16 APRIL 2008 17 MARCH 2008 SHEET 3 STREET TREES PLANTING NOTE S KEY PLANT TYPE BOTANICAL NAME COMMON NAME SIZE NOTES A Street Trees Acer platanoides Norway Maple 2" cal. B Fraxinus p. `Marshall's Seedless' Marshall's Seedless Ash 2" cal. C Malus `Spring Snow' Spring Snow Crabapple 2" cal. D Pyrus calleryana `Bradford' Flowering Pear 2" cal. 1. Street trees are to be located at approximately 40 feet on center and as shown on the plan. 2. Street trees are to be installed by the Developer. 3. If driveway or utilities locations conflict with the street tree's placement, it may be eliminated or may require adjustment to the tree's location. 4. Street trees shall be centered in the parkstrip between the sidewalk and curb. 5. All parkstrips are to be planted with lawn — either seed or sod is acceptable. Planting is the responsibility of the homeowner and is to be maintained by the homeowner. 6. Refer to the Planting Specification. 1 1tt.JJ.L%—, 1 1JV %J.L 1 4 x1\ 1 LIMIT OF WORK PHASE ONE STREET TREES planting plait S UMMEIR IELD REXBURG, IDAHO BK REXBURG P.O. Box 51298 IDAHO FALLS, IDAHO 83405 w� .. K. MICHAEL KELLY CONSULTANTS LAND PLANNING • LANDSCAPE ARCHITECTURE PROJECT BOUNDARY LIMIT OF WORK PLANT L I S T P0. Box 469, Millville, UT 84326 435.753.2955 KEY MAP 6 FT. FENCE 1200 WEST STREET i H W W H o� � O H w o� � o a o U kn 1 L;11'TRY MONLTIVJIENT • SEE CONCEPT PLAN, SHEET 10 PLANTING NO T E S 1. Provide and place four (4) inches of topsoil over all planting areas prior to commencement of planting operations. 2. Backfill for all planting pits shall be native material excavated from the pit. 3. Following completion of shrub and groundcover plantings, treat beds with a pre - emergent herbicide. 4. Provide and install finely shredded redwood bark mulch to a depth of two (2) inches over all exposed soil in completed shrub and groundcover beds. 5. At shrub beds, install steel lawn edging to provide straight lines or smooth curves as shown on the plan. 6. All lawn areas shall be installed with sod consisting of primarily Poa praetensis: Kentucky Bluegrass species. 7. Refer to Planting Specification. P L A N T L I ST KEY PLANT TYPE A Street Trees B C D E Shade Trees F G H Accent Tree J K L Evergreen Tree 1 Tall Shrubs 2 Medium Shrubs BOTANICAL NAME Acer platanoides Fraxinus p. `Marshall's Seedless' Malus `Spring Snow' Pyrus calleryana `Bradford' Celtis occidentalis Quercus macrocarpa Tilia cordata `Greenspire' Acer ginnala Carpinus betulus fastigiata Koelreuteria paniculata Pinus nigra Physocarpus monogyna Physocarpus opulifolius `Diablo' Cotoneaster apiculata Cotoneaster dammeri ` Lowfast' Euonymus alatus compacta Pinus mugo mughus Potentilla fruticosa Perennial Flowers Hemerocallis spp. Hemerocallis `Stella d'Oro' Teucrium chamaedrys Ornamental Grasses Festuca ovina glauca Helictotrichon sempervirens Miscanthus sinensis `Adagio' Panicum virgatum `Prairie Sky' COMMON NAME Norway Maple Marshall's Seedless Ash Spring Snow Crabapple Flowering Pear Common Hackberry Bur Oak Little Leaf Linden Amur Maple Pyramidal European Hornbeam Golden Rain Tree Austrian Pine Mountain Ninebark Diablo Ninebark Cranberry Cotoneaster Lowfast Cotoneaster Compact Winged Euonymus Dwarf Mugho Pine Shrubby Cinquefoil Stella d'Oro Daylily Germander Blue Fescue Blue Oat Grass Maiden Grass Switch Grass Assorted Colors, but plant single -color groupings as grouped on plan NORTH 1 = 20 FEET Revised 23 JUNE 2008 Revised 16 APRIL 2008 17 MARCH 2008 SHEET4 1200 WEST BUFFER Planting Phan SUMMERFIELD REXBURG, IDAHO BK REXBuRG P.O. Box 51298 ID AHO FALLS, ID AHO 83405 T �� eta.. r% K. MICA -TALL KELLY CONSULTANTS LAND PLANNING • LANDSCAPE ARCHITECTURE 2" cal. 2" cal. 2" cal. 2" cal. 2" cal. 2" cal. 2" cal. 1 V2" cal. 1 1 /s" cal. 2" cal. 5 — 6 ft. 5 gal. 5 gal. NOTES Multi - stemmed P.O. Box 469, Millville, UT 84326 435.753.2955 H W W F+ o � w o w � w o a x U H I 6 FT. FENCE 1200 WEST STREET i H W W H o� � O H w o� � o a o U kn 1 L;11'TRY MONLTIVJIENT • SEE CONCEPT PLAN, SHEET 10 PLANTING NO T E S 1. Provide and place four (4) inches of topsoil over all planting areas prior to commencement of planting operations. 2. Backfill for all planting pits shall be native material excavated from the pit. 3. Following completion of shrub and groundcover plantings, treat beds with a pre - emergent herbicide. 4. Provide and install finely shredded redwood bark mulch to a depth of two (2) inches over all exposed soil in completed shrub and groundcover beds. 5. At shrub beds, install steel lawn edging to provide straight lines or smooth curves as shown on the plan. 6. All lawn areas shall be installed with sod consisting of primarily Poa praetensis: Kentucky Bluegrass species. 7. Refer to Planting Specification. P L A N T L I ST KEY PLANT TYPE A Street Trees B C D E Shade Trees F G H Accent Tree J K L Evergreen Tree 1 Tall Shrubs 2 Medium Shrubs BOTANICAL NAME Acer platanoides Fraxinus p. `Marshall's Seedless' Malus `Spring Snow' Pyrus calleryana `Bradford' Celtis occidentalis Quercus macrocarpa Tilia cordata `Greenspire' Acer ginnala Carpinus betulus fastigiata Koelreuteria paniculata Pinus nigra Physocarpus monogyna Physocarpus opulifolius `Diablo' Cotoneaster apiculata Cotoneaster dammeri ` Lowfast' Euonymus alatus compacta Pinus mugo mughus Potentilla fruticosa Perennial Flowers Hemerocallis spp. Hemerocallis `Stella d'Oro' Teucrium chamaedrys Ornamental Grasses Festuca ovina glauca Helictotrichon sempervirens Miscanthus sinensis `Adagio' Panicum virgatum `Prairie Sky' COMMON NAME Norway Maple Marshall's Seedless Ash Spring Snow Crabapple Flowering Pear Common Hackberry Bur Oak Little Leaf Linden Amur Maple Pyramidal European Hornbeam Golden Rain Tree Austrian Pine Mountain Ninebark Diablo Ninebark Cranberry Cotoneaster Lowfast Cotoneaster Compact Winged Euonymus Dwarf Mugho Pine Shrubby Cinquefoil Stella d'Oro Daylily Germander Blue Fescue Blue Oat Grass Maiden Grass Switch Grass Assorted Colors, but plant single -color groupings as grouped on plan NORTH 1 = 20 FEET Revised 23 JUNE 2008 Revised 16 APRIL 2008 17 MARCH 2008 SHEET4 1200 WEST BUFFER Planting Phan SUMMERFIELD REXBURG, IDAHO BK REXBuRG P.O. Box 51298 ID AHO FALLS, ID AHO 83405 T �� eta.. r% K. MICA -TALL KELLY CONSULTANTS LAND PLANNING • LANDSCAPE ARCHITECTURE 2" cal. 2" cal. 2" cal. 2" cal. 2" cal. 2" cal. 2" cal. 1 V2" cal. 1 1 /s" cal. 2" cal. 5 — 6 ft. 5 gal. 5 gal. NOTES Multi - stemmed P.O. Box 469, Millville, UT 84326 435.753.2955 PLANT L I ST 700 SOUTH H W W H H W 0 o W W W x U H H W W P4 H H U W 0 0 kr 0 O W W I a x H KEY PLANT TYPE BOTANICAL NAME A Street Trees Acer platanoides B Fraxinus p. `Marshall's Seedless' C Malus `Spring Snow' D Pyrus calleryana `Bradford' E Shade Trees Celtis occidentalis F Quercus macrocarpa G Tilia cordata `Greenspire' La glauca H Accent Tree Acer ginnala Amur Maple 1 %2 cal. J Carpinus betulus fastigiata Pyramidal European Hornbeam 1 1 /2" cal. K Koelreuteria paniculata Golden Rain Tree 2" cal. L Evergreen Tree Pinus nigra Austrian Pine 5 — 6 ft. 1 Tall Shrubs Physocarpus monogyna Mountain Ninebark 5 gal. 2 Physocarpus opulifolius `Diablo' Diablo Ninebark 5 gal. 3 Medium Shrubs Cotoneaster apiculata Cranberry Cotoneaster 1 gal. 4 Cotoneaster dammeri ` Lowfast' Lowfast Cotoneaster 5 gal. 5 Euonymus alatus compacta Compact Winged Euonymus 5 gal. 6 Pinus mugo mughus Dwarf Mugho Pine 5 gal. 7 Potentilla fruticosa Shrubby Cinquefoil 1 gal. 8 11 Perennial Flowers Hemerocallis spp. Daylily 1 gal. 12 Multi - stemmed Assorted Colors, but plant single -color groupings as grouped on plan )n sempervlrens sinensis `Adagio' gatum `Prairie Sky' N G NO T E S COMMON NAME SIZE NOTES Norway Maple 2" cal. Marshall's Seedless Ash 2" cal. Spring Snow Crabapple 2" cal. Flowering Pear 2" cal. Common Hackberry 2" cal. Bur Oak 2" cal. Little Leaf Linden 2" cal. Stella d'Oro Daylily 1 gal. Germander 1 gal. Blue Fescue 1 gal. Blue Oat Grass 1 gal. Maiden Grass 1 gal. Switch Grass 5 gal. psoil over all planting areas prior to itive material excavated from the pit. )undcover plantings, treat beds with a pre- .wood bark mulch to a depth of two (2) inches .ib and groundcover beds. or to provide straight lines or smooth curves as od consisting of primarily Poa praetensis: PE O Con a w w w c� w x U H NORTH 1" = 20 FEET Revised 23 JUNE 2008 Revised 16 APRIL 2008 17 MARCH 2008 SHEET 5 0 W w �4 a x H 700 SOUTH BK REXBURG P.O. Box 51298 ID AHO F ALLS, ID AHO 83405 R. MICHAEL KELLY CONSULTANTS Hemerocallis `Stella d'Oro' omaedrys 700 SOUTH BUFFER planting plan SUMMEI\ REXB URG, IDAHO LAND PLANNING • LANDSCAPE ARCHITECTURE P.O. Box 469, Millville, UT 84326 435.753.2955 z zz/ H W W PLANT L IS T KEY PLANT TYPE BOTANICAL NAME COMMON NAME SIZE NOTES A Street Trees Acer platanoides Norway Maple 2" cal. B Fraxinus p. `Marshall's Seedless' Marshall's Seedless Ash 2" cal. C Malus `Spring Snow' Spring Snow Crabapple 2" cal. D Pyrus calleryana `Bradford' Flowering Pear 2" cal. E Shade Trees Celtis occidentalis Common Hackberry 2" cal. F Quercus macrocarpa Bur Oak 2" cal. G Tilia cordata `Greenspire' Little Leaf Linden 2" cal. H Accent Tree Acer ginnala Amur Maple 1 1 /2 " cal. Multi- stemmed i Carpinus betulus fastigiata Pyramidal European Hornbeam 1 1 /2 " cal. K Koelreuteria paniculata Golden Rain Tree 2" cal. L Evergreen Tree Pinus nigra Austrian Pine 5 — 6 ft. 1 Tall Shrubs Physocarpus monogyna Mountain Ninebark 5 gal. 2 Physocarpus opulifolius `Diablo' Diablo Ninebark 5 gal. 3 Medium Shrubs Cotoneaster apiculata Cranberry Cotoneaster 1 gal. 4 Cotoneaster darnmeri `Lowfast' Lowfast Cotoneaster 5 gal. 5 Euonymus alatus compacta Compact Winged Euonymus 5 gal. 6 Pinus mugo mughus Dwarf Mugho Pine 5 gal. 7 Potentilla fruticosa Shrubby Cinquefoil 1 gal. 8 11 Perennial Flowers Hemerocallis spp. Daylily 1 gal. Assorted Colors, but plant single -color groupings as grouped on plan 12 Hemerocallis `Stella d'Oro' Stella d'Oro Daylily 1 gal. 13 Teucrium chamaedrys Germander 1 gal. 21 Ornamental Grasses Festuca ovina glauca Blue Fescue 1 gal. 22 Helictotrichon sempervirens Blue Oat Grass 1 gal. 23 Miscanthus sinensis `Adagio' Maiden Grass 1 gal. 24 Panicum virgatum `Prairie Sky' Switch Grass 5 gal. PLANTING N O T E S 1 NORTH 1" = 20 FEET Planting Plan Revised 16 April 2008 17 MARCH 2008 SHEET 6 ROUNDABOUT Planting and Gradito Plans S U M M EfUr' I E L D REXBURG, IDAHO 1. Provide and place four (4) inches of topsoil over all planting areas prior to commencement of planting operations. 2. Backfill for all planting pits shall be native material excavated from the pit. 3. Following completion of shrub and groundcover plantings, treat beds with a pre - emergent herbicide. 4. Provide and install finely shredded redwood bark mulch to a depth of two (2) inches over all exposed soil in completed shrub and groundcover beds. 5. At shrub beds, install steel lawn edging to provide straight lines or smooth curves as shown on the plan. 6. All lawn areas shall be installed with sod consisting of primarily Poa praetensis: Kentucky Bluegrass species. 7. Refer to Planting Specification. Grading Plan BKRExBURG Box 51298 IDAHO FALLS, IDAHO 83405 .. 0 K. MICHAEL KELLY CONSULTANTS LAND PLANNING • LANDSCAPE ARCHITECTURE P.O. Box 469, Millville, UT 84326 435.753.2955 P L A N T L I S T 0 V PAD ✓IAILBOX OCCURS ;R TO STREET PLAN MAILBOX WHERE M • REFEI TREE !RS REPRESENT DETENTION BASIN. O ENGINEER'S PLAN -1 E J KEY PLANT TYPE BOTANICAL NAME COMMON NAME SIZE NOTES A Street Trees Acer platanoides Norway Maple 2" cal. B as grouped on plan Fraxinus p. `Marshall's Seedless' Marshall's Seedless Ash 2" cal. C 13 Malus `Spring Snow' Spring Snow Crabapple 2" cal. D Ornamental Grasses Festuca ovina glauca Pyrus calleryana Bradford' Flowering Pear 2" cal. E Shade Trees Celtis occidentalis Common Hackberry 2" cal. F 1 gal. Quercus macrocarpa Bur Oak 2" cal. G Tilia, cordata `Greenspire' Little Leaf Linden 2" cal. H Accent Tree Acer ginnala Amur Maple 1 %2" cal. Multi - stemmed i Carpinus betulus fastigiata Pyramidal European Hornbeam 1 '/s" cal. K Koelreuteria paniculata Golden Rain Tree 2" cal. L Evergreen Tree Pinus nigra Austrian Pine 5 — 6 ft. 1 Tall Shrubs Physocarpus monogyny Mountain Ninebark 5 gal. 2 Physocarpus opulifolius `Diablo' Diablo Ninebark 5 gal. 3 Medium Shrubs Cotoneaster apiculata Cranberry Cotoneaster 1 gal. 4 Cotoneaster dammeri ` Lowfast' Lowfast Cotoneaster 5 gal. 5 Euonymus alatus compacta Compact Winged Euonymus 5 gal. 6 Pinus mugo mughus Dwarf Mugho Pine 5 gal. 7 Potentilla fruticosa Shrubby Cinquefoil 1 gal. 8 11 Perennial Flowers Hemerocallis spp. Daylily 1 gal. Assorted Colors, but plant single -color groupings as grouped on plan 12 Hemerocallis `Stella d'Oro' Stella d'Oro Daylily 1 gal. 13 Teucrium chamaedrys Germander 1 gal. 21 Ornamental Grasses Festuca ovina glauca Blue Fescue 1 gal. 22 Helictotrichon sempervirens Blue Oat Grass 1 gal. 23 Miscanthus sinensis `Adagio' Maiden Grass 1 gal. 24 Panicum virgatum `Prairie Sky' Switch Grass 5 gal. Note: Mailbox pads as shown on this plan will accomodate one mailbox unit. If there are two mailbox units required eliminate one 1 gal. Daylily /Grass and add second mailbox pad. If there are no mailboxes required, install one additional 1 gal. Daylily /Grass per plan. PLANTING NOTES CONTOURS REPRESENT DETEI REFER TO ENGINEER'S PLAN 1. Provide and place four (4) inches of topsoil over all planting areas prior to commencement of planting operations. 2. Backfill for all planting pits shall be native material excavated from the pit. 3. Following completion of shrub and groundcover plantings, treat beds with a pre - emergent herbicide. 4. Provide and install finely shredded redwood bark mulch to a depth of two (2) inches over all exposed soil in completed shrub and groundcover beds. 5. At shrub beds, install steel lawn edging to provide straight lines or smooth curves as shown on the plan. 6. All lawn areas shall be installed with sod consisting of primarily Poa praetensis: Kentucky Bluegrass species. 7. Refer to Planting Specification. Revised 23 JUNE 2008 Revised 16 April 2008 17 MARCH 2008 SHEET 7 TYPICAL DETENTION BASIN A I" = 20 FEET TYPICAL DETENTION BASIN B I if = 20 FEET TYPICAL DETENTION BASINS Planting Plan U M M E I E L D REXBURG, IDAHO BK REXBURG P.O. Box 51298 IDAHO FALLS, IDAHO 83405 R. MICHAEL KELLY CONSULTANTS LAND PLANNING • LANDSCAPE ARCHITECTURE RO. Box 469, Millville UT 84326 435.753.2955 i O .LINER PAD W W \ a U It hll - q Mi x U PLANT LIST H KEY PLANT TYPE BOTANICAL NAME COMMON NAME SIZE NOTES N O R T H 1" = 20 FEET A Street Trees Acer platanoides Norway Maple 2" cal. B Fraxinus p. `Marshall's Seedless' Marshall's Seedless Ash 2" cal. C Malus `Spring Snow' Spring Snow Crabapple 2" cal. D Pyrus calleryana `Bradford' Flowering Pear 2" cal. Revised 23 JUNE 2008 E Shade Trees Celtis occidentalis Common Hackberry 2" cal. Revised 16 April 2008 F Quercus macrocarpa Bur Oak 2" cal. 17 MARCH 2008 G Tilia cordata `Greenspire' Little Leaf Linden 2" cal. SHEET 8 H Accent Tree Acer ginnala Amur Maple 1 1 /2 " cal. Multi- stemmed J Carpinus betulus fastigiata Pyramidal European Hornbeam 1 1 /2" cal. LINEAR PARK K Koelreuteria paniculata Golden Rain Tree 2" cal. L Evergreen Tree Pinus nigra Austrian Pine 5 — 6 ft. Anti n P14111 1 Tall Shrubs Physocarpus monogyna Mountain Ninebark 5 gal. 2 Physocarpus opulifolius `Diablo' Diablo Ninebark 5 gal. PLANTING NOTES UMMEIRFIELD 3 Medium Shrubs Cotoneaster apiculata Cranberry Cotoneaster 1 gal. 4 Cotoneaster darnmeri `Lowfast' Lowfast Cotoneaster 5 gal. R E X B U R G, IDAHO 1. Provide and place four (4) inches of topsoil over all planting areas prior to 5 Euonymus alatus compacta Compact Winged Euonymus 5 gal. commencement of planting operations. 6 Pinus mugo mughus Dwarf Mugho Pine 5 gal. 2. Backfill for all planting pits shall be native material excavated from the pit. 7 Potentilla fruticosa Shrubby Cinquefoil 1 gal. BK RE XBURG 3. Following completion of shrub and groundcover plantings, treat beds with a pre- 8 emergent herbicide. P.O. Box 51298 11 Perennial Flowers Hemerocallis spp. Daylil 1 al Assorted colors, 4. Provide and install finely shredded redwood bark mulch to a depth of two (2) inches y g. IDAHO FALLS, IDAHO 83405 but plant single -color groupings over all exposed soil in completed shrub and groundcover beds. as grouped on plan 5. At shrub beds, install steel lawn edging to provide straight lines or smooth curves as 12 Hemerocallis `Stella d'Oro' Stella d'Oro Daylily 1 gal. shown on the plan. 13 Teucrium chamaedrys Germander 1 gal. 6. All lawn areas shall be installed with sod consisting of primarily Poa praetensis: ' Kentucky Bluegrass species. 21 Ornamental Grasses Festuca ovina glauca Blue Fescue 1 gal. T 7. Refer to Planting Specification. 22 Helictotrichon sempervirens Blue Oat Grass 1 gal. K. M 1 C H A E L KELLY 23 Miscanthus sinensis `Adagio' Maiden Grass 1 gal. CONSULTANTS 24 Panicum virgatum `Prairie Sky' Switch Grass 5 gal. LAND PLANNING • LANDSCAPE ARCHITECTURE P.O. Box 469, Millville, UT 84326 435.753.2955 i i i i i i i N i ( CONTOURS REPRESENT DETENTION j L A W N BASIN, REFER TO ENGINEERS PLAN BERM • ONE FOOT CONTOUR I - -- % 1 H KEY PLANT TYPE BOTANICAL NAME COMMON NAME SIZE NOTES N O R T H 1" = 20 FEET A Street Trees Acer platanoides Norway Maple 2" cal. B Fraxinus p. `Marshall's Seedless' Marshall's Seedless Ash 2" cal. C Malus `Spring Snow' Spring Snow Crabapple 2" cal. D Pyrus calleryana `Bradford' Flowering Pear 2" cal. Revised 23 JUNE 2008 E Shade Trees Celtis occidentalis Common Hackberry 2" cal. Revised 16 April 2008 F Quercus macrocarpa Bur Oak 2" cal. 17 MARCH 2008 G Tilia cordata `Greenspire' Little Leaf Linden 2" cal. SHEET 8 H Accent Tree Acer ginnala Amur Maple 1 1 /2 " cal. Multi- stemmed J Carpinus betulus fastigiata Pyramidal European Hornbeam 1 1 /2" cal. LINEAR PARK K Koelreuteria paniculata Golden Rain Tree 2" cal. L Evergreen Tree Pinus nigra Austrian Pine 5 — 6 ft. Anti n P14111 1 Tall Shrubs Physocarpus monogyna Mountain Ninebark 5 gal. 2 Physocarpus opulifolius `Diablo' Diablo Ninebark 5 gal. PLANTING NOTES UMMEIRFIELD 3 Medium Shrubs Cotoneaster apiculata Cranberry Cotoneaster 1 gal. 4 Cotoneaster darnmeri `Lowfast' Lowfast Cotoneaster 5 gal. R E X B U R G, IDAHO 1. Provide and place four (4) inches of topsoil over all planting areas prior to 5 Euonymus alatus compacta Compact Winged Euonymus 5 gal. commencement of planting operations. 6 Pinus mugo mughus Dwarf Mugho Pine 5 gal. 2. Backfill for all planting pits shall be native material excavated from the pit. 7 Potentilla fruticosa Shrubby Cinquefoil 1 gal. BK RE XBURG 3. Following completion of shrub and groundcover plantings, treat beds with a pre- 8 emergent herbicide. P.O. Box 51298 11 Perennial Flowers Hemerocallis spp. Daylil 1 al Assorted colors, 4. Provide and install finely shredded redwood bark mulch to a depth of two (2) inches y g. IDAHO FALLS, IDAHO 83405 but plant single -color groupings over all exposed soil in completed shrub and groundcover beds. as grouped on plan 5. At shrub beds, install steel lawn edging to provide straight lines or smooth curves as 12 Hemerocallis `Stella d'Oro' Stella d'Oro Daylily 1 gal. shown on the plan. 13 Teucrium chamaedrys Germander 1 gal. 6. All lawn areas shall be installed with sod consisting of primarily Poa praetensis: ' Kentucky Bluegrass species. 21 Ornamental Grasses Festuca ovina glauca Blue Fescue 1 gal. T 7. Refer to Planting Specification. 22 Helictotrichon sempervirens Blue Oat Grass 1 gal. K. M 1 C H A E L KELLY 23 Miscanthus sinensis `Adagio' Maiden Grass 1 gal. CONSULTANTS 24 Panicum virgatum `Prairie Sky' Switch Grass 5 gal. LAND PLANNING • LANDSCAPE ARCHITECTURE P.O. Box 469, Millville, UT 84326 435.753.2955 nrnA d' SEE ENLARGEMENT OF ROUNDABOUT. SHEET 6 PLANT LIST 1 P L A N T I N G NOTE S 1. Provide and place four (4) inches of topsoil over all planting areas prior to commencement of planting operations. 2. Backfill for all planting pits shall be native material excavated from the pit. 3. Following completion of shrub and groundcover plantings, treat beds with a pre - emergent herbicide. 4. Provide and install finely shredded redwood bark mulch to a depth of two (2) inches over all exposed soil in completed shrub and groundcover beds. 5. At shrub beds, install steel lawn edging to provide straight lines or smooth curves as shown on the plan. 6. All lawn areas shall be installed with sod consisting of primarily Poa praetensis: Kentucky Bluegrass species. 7. Refer to Planting Specification. KEY PLANT TYPE BOTANICAL NAME COMMON NAME SIZE A Street Tree Acer platanoides Norway Maple 2" cal. B Shade Tree Aesculus carnea Red Horsechestnut 2" cal. C Celtis occidentalis Common Hackberry 2" cal. D Fraxinus p. ` Patmore' Patmore Ash 2" cal. E Gleditsia t. i. `Shademaster' Shademaster Honeylocust 2" cal. F Tilia cordata `Greenspire' Little Leaf Linden 2" cal. G Accent Tree Pyrus calleryana `Chanticleer' Flowering Pear 2" cal. NORTH 1" = 30 FEET 23 JUNE 2008 SHEET 9 PARK Planting plan SUMMEI\-rIELD REXBURG, IDAHO BK REXBURG P.O. Box 51298 IDAHO FALLS, IDAHO 83405 i I . MICHAEL KELLY CONSULTANTS LAND PLANNING • LANDSCAPE ARCHITECTURE P.O. Box 469, Millville, UT 84326 435.753.2955 T_4r_.nAX SEE ENLARGEMENT OF ROUNDABOUT. SHEET 6 PLAN'T'ING N01'ES 1. Provide and place four (4) inches of topsoil over all planting areas prior to commencement of planting operations. 2. Backtill for all planting pits shall be native material excavated tiom the pit. 3. Following completion of shrub and g oundcover plantings, treat beds with a pre - emergent herbicide. 4. Provide and install finely shredded redwood bark mulch to a depth of two (2) inches over all exposed soil in completed shrub and groundcover beds. 5. At shrub beds, install steel lawn edging to provide straight lines or smooth curves as shown on the plan. 6. All lawn areas shall be installed with sod consisting of primarily Poa praetensis: Kentucky Bluegrass species. 7. Refer to Planting Specification. NORTH I" = 30 FEET 23 JUNK 2008 SHEET 9 PARK planting plan SUMMERFIELD REXBURG, IDAHO BK REXBURG P.O. Box 51298 IDAiio FALLS, IDAHO 83405 P.O. Box 469, Millville, UT 84326 435.753.2955 P L ANT L IS T KEY PLANT TYPE BO'T'ANICAL NAME COMMON NAME SIZE A Street Tree Acer platanoides Norway Maple 2" cal. B Shade Tree Aesculus carnea Red I Iorsechestnut 2" cal. C Celtis occidentalis Common Hackberry 2" cal. D Fraxinus p. 'Patmore' Patmore Ash 2" cal. E Gleditsia t. i. 'Shademaster' Shademaster Honeylocust 2" cal. F Tilia cordata 'Greenspire' Little Leaf Linden 2" cal. G Accent Tree Pyrus calleryana 'Chanticleer' Flowering Pear 2" cal. NORTH I" = 30 FEET 23 JUNK 2008 SHEET 9 PARK planting plan SUMMERFIELD REXBURG, IDAHO BK REXBURG P.O. Box 51298 IDAiio FALLS, IDAHO 83405 P.O. Box 469, Millville, UT 84326 435.753.2955 m WC TALL SHRUB 6 FT. 1 11 ORNAMENTAL GRASSES 4 ARBOR STRUCTURE • 12 x 2 POST • 3 x 12" BEAMS • 4 x 6" TRELLIS STRUCTURE 6 FT. STUCCO WALL • WITH PRECAST CONCRETE SIGN • CONCRETE CAP F TAPERED STONE COLUMN • 5 FT. AT BASE 3 FT. AT TOP • CONCRETE CAP CCENT TREE 23 JUNE 2008 SHEET 10 ENTRY MONUMNET concept Plan 11y ELEVATION 1 /2 " = I FOOT SUMMERFIELD REXBURG, IDAHO KARTCHNER HOMES 601 WEST 1700 SOUTH LOGAN, UTAH STREET TREE Box <iO'), kliliville, UT 84326 '05. 21) 4 m WC TALL SHRUB 6 FT. 1 11 ORNAMENTAL GRASSES 4 ARBOR STRUCTURE • 12 x 2 POST • 3 x 12" BEAMS • 4 x 6" TRELLIS STRUCTURE 6 FT. STUCCO WALL • WITH PRECAST CONCRETE SIGN • CONCRETE CAP F TAPERED STONE COLUMN • 5 FT. AT BASE 3 FT. AT TOP • CONCRETE CAP CCENT TREE 23 JUNE 2008 SHEET 10 ENTRY MONUMNET concept Plan 11y ELEVATION 1 /2 " = I FOOT SUMMERFIELD REXBURG, IDAHO KARTCHNER HOMES 601 WEST 1700 SOUTH LOGAN, UTAH STREET TREE Box <iO'), kliliville, UT 84326 '05. 21) PRODUCT TYPE FIRST TIME BUYER MOVE UP TWIN HOMES FUTURE RESIDENTIAL TOWNHOMES OPEN SPACE /CHURCH 23 122 121120 119 �E r c c`" rye 118 17 CHURCH l s�ll�® Ilm�ll�mll�® Ilm� ■I� ■11 ■�011� ®11 ®�Il��li��il�� 0U NORTH 1" ; 150 Ft' - lrr Revised 12 June 2008 13 March 2008 PRODUCT TYPE 112131415161 171819 SUMMEIZ RF�xE3URG, IDAHO) BK REXBURG P.O. Box 51 298 IDAHO FALLS, IDA110 83405 Iv. MICHAEL KELLY Co NSLlL.TRNT Litt > i'l.ANN1N ",.A ",,SCAN- A : tiCT1 : LiKE: 'S j2) i.2 4 �t® lot v Q! md.®ede1!© CHURCH l s�ll�® Ilm�ll�mll�® Ilm� ■I� ■11 ■�011� ®11 ®�Il��li��il�� 0U NORTH 1" ; 150 Ft' - lrr Revised 12 June 2008 13 March 2008 PRODUCT TYPE 112131415161 171819 SUMMEIZ RF�xE3URG, IDAHO) BK REXBURG P.O. Box 51 298 IDAHO FALLS, IDA110 83405 Iv. MICHAEL KELLY Co NSLlL.TRNT Litt > i'l.ANN1N ",.A ",,SCAN- A : tiCT1 : LiKE: 'S j2) i.2 4