HomeMy WebLinkAboutFINAL MASTER PLAN & FINAL PLAT PHASE 1 PART 1 - 08-00023 - Sunrise Dr - Founders Square PH1 Final PlatCity Council
March 19, 2008
-' 12 North Center bloirk@rexburg.org
Rexburg, ID 83440 www.rexburg.org
Phone: 208.359.3020 x313
Fox: 208.359.3022
CITY OF
REXBURG
0&
Ameriwd Family Community
Date: Match 19, 2008
City Council Item: 8-A
Item: PUD Final Master Plan/Final Plat for Phase 1 for FOUNDERS SQUARE
(Located east of 2"d East near Sunrise Drive)
Initiated by: Bill Collins
Financial Impact: N/A Budgeted: N/A
Funding Source: N/A
Action Proposed: Approve Final Master Plan/Final Plat for Phase 1 for FOUNDERS SQUARE
Staff Analysis: .
Founder's Square
Planned Unit Development - Final
1. On May 18, 2007, Red Rock Development, LLC presented to the Rexburg Planning & Zoning
Coordinator a Request and Application for Founder's Square, a Planned Unit Development.
2. On July 5, 2007, the City Clerk sent the Notice of Public Hearing to be published in the local
newspaper for July 17, 2007, and July 28, 2007. A notice was posted on the property and sent
to all property owners within 300 feet of the property.
3. On August 2, 2007, Brent Coles presented to the Planning & Zoning Commission for the City
of Rexburg his Request for Founder's Square, a Planned Unit Development.
Mary Ann Mounts motioned to recommend to City Council to approve the preliminary plat
for the Founder's Square Planned Unit Development subject to the proposed conditions in the
staff report (see below). Randall Porter seconded the motion; none opposed.
The Motion carried.
4. On March 06, 2008 the Planning and Zoning Commission approved the Final Master
Plan/Final Plat for Phase 1 for FOUNDERS SQUARE.
Chairman Dyer said there are actually 2 separate items to address. They each need individual and
separate actions. 1) Final Master Plan, and there is 2) Final Plat for Phase 1.
Bill Collins at 740 Pearl, Jackson, WY, and co-owner of Founders Square indicated open space is
10 per cent of land area. Three parks are planned meeting Rexburg's open space requirement. A
park will be in each of the 3 phases. He said there is a very detailed landscaping plan. They are
proposing a divided median blvd. with trees. The homes are colonial style with three levels of
pricing. There are 18 different architectural types of houses, promoting diversity. They will help
finance the construction of Sunrise Drive. Small issues in the staff comments include:
a) Connectivity, b) Drought tolerant plants, plus 80 percent of the grass will be native grasses; Ash
and maple trees will be used, which are moderately drought tolerant.
Mike Ricks asked about a statement on plat about sidewalks. Mr. Collins said they will build
internal sidewalks. They are just paying for a part of the cost; the city is paying the other part.
Mn Dyer said city is in process of designing a plan for a water detention system with a water
detention pumping station. Each lot will retain its own runoff — Winston said this would be stated
in the covenants. This detention pond serves the region — his understanding was the city was going
to operate and maintain it.
Mary Haley asked Mr. Dyer how snow is removed from gravel bed. He said the snow plow will
do the job as it does for the streets. He said the development agreement would spell out how
often the roads are plowed. All of the roads will eventually be dedicated to the city.
Gary Leikness gave a brief explanation of a PUD. Density bonuses can be awarded when
something special is done — easements as fax as hillsides, homes that make more sense as far as
customizing. This is Rexburg's first PUD.
Mary Haley asked if lot size might change in future phases in relation to the sold lots.
Gary Leikness said if you approve the final master plan tonight it should be for phase 1 only.
Stephen Zollinger said to bear in mind City Council would consider this master layout but they
aren't going to come back and visit this big issue ever again. Mr. Dyer said they will give each
phase a great level of detail. Mr. Leikness said we don't have that tonight.
Mr. Dyer said that they have shown the Planned Unit Development in detail tonight and how they
will achieve it.
David Stein motioned to recommend to City Council Approval of the Final Master Plan and
the Final Plat for Phase 1 for FOUNDERS SQUARE subject to conditions in the staff report
plus the Planning Commission's recommendation for a gravel road for connectivity. Mary Ann
Mounts seconded. None opposed. Motion carried.
Application
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CITY OF
REXBURG
AMERIGIS MMILY COMMUNITY
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Final Plat Application P
Application for Approval of Preliminary Subdivision Plat
The attached Subdivision plan 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 Final Plats
All Final Plats shall be 24" x 36" foldable, drawn to scale, North point, dated.
The following shall be shown on the Final Plat or shall be submitted separately:
1. The name of the proposed subdivision: Founders Square — Phase 1
2. The location 2"a East and Sunrise Dr. Acreage 15_22 Number of Lots 47
l 3. The names, addresses and telephone numbers of the subdivider or subdividers and the
engineer or surveyor who prepared the plat:
Subdivider
Name: Founders Square, LLC
c/o Bill Collins
Phone Number: 307-690-4436
Engineer
Name:The Dyer Group, LLC
Phone Number: 656-8800
Surveyor
Name: same as above
Phone Number:
Address: PO Box 15540
_Jackson, WY 83002
Cell Number: 307-690-4436
Address: 343 E 4th North #108 Rexbur
Cell Number: 390-9700
Address:
Cell Number:
4. The name and address of all pro>j erti' owners within 300 feet of the external boundaries of the
subdivision whether or not bisected by a public right-of-way as shown on record in the County
Assessor's office. Previously submitted
5. The legal description of the subdivision. see plat
ITEMS FOR CONSIDERATION
1. Probable impact of the proposed project on the environment effect on:
a. Public safety and convenience streets to City standards minimum of 2 approaches to all lots
b. Fire, police, and ambulance services as above
c. Recreation common green areas of 0.81 acres (3-6 ac in total subdivision)
d. Schools approx 50 pupil increase in enrollment distributed among all grades
e. Displacement or relocation of people none
f Land values improves to residential values from agricultural
g. Local and long-distance travel, i.e., highway and local road impact connects to Sunrise Drive/2"a
East and Poleline Road via Stone Drive through Sky Meadows Subdivision to the south
h. Behavior of wildlife species already disturbed area
i. Water quality and effect on underground water supply municipal water supply
j. Noise pollution minimal in residential area
k. Air pollution minimal in residential area
1. Method proposed to dispose of storm drainage waters catch basins collecting to storm drain
piping system and area -wide detention pond and pump station
in. Extent of increased city road maintenance, including snow removal roads in subdivision
n. Floodplain— methods proposed to alleviate effect of 100 -yr flood; effect on adjacent properties. N/A
o. provisions for housing for persons of low and moderate income some smaller lots for less
expensive dwellings
p. Harmony with the character of surrounding developments surrounded by single family
2. Probably adverse environmental effects which cannot be avoided
a. Traffic Use moderate (112 cars per peak hour for entire development most accessing 2"a East)
b. Rights-of-way required dedicated to City, including extra width of Sunrise Drive
c. Pollution effect on existing environment none as City standards are followed
3. Relationship between local short-term uses of man's economic environment and the long-term
productivity.
a. Existing vs. proposed tax base increases tax base
b. Costs to City if proposal approved (annual) maintenance of streets
4. Measures taken to minimize harmful effects on environment
a. Effects of construction activities dust and noise during construction minimal traffic disruption
b. Erosion control best management practices followed
c. Stream pollution prevention N/A
d. Borrow -pit rehabilitation backfill behind curbs
e. Fencing private lot fencing
f. Buffer zones consistent with adiacent uses
g. replacement of parklands or farmlands common open/green space area loss of some farmland
S. Is this plat plan harmonious with and in accordance with the general objectives or with any specific
objective of the City's Comprehensive Plan? consistent with Comprehensive Plan and established
zoning
ITEMS FOR CONSIDERATION
j 1. Probable impact of the proposed project on the environment effect on:
a. Public safety and convenience streets to City standards minimum of 2 approaches to all lots
b. Fire, police, and ambulance services as above
c. Recreation common green areas of 0.81 acres (3.6 ac in total subdivision)
d. Schools approx 50 pupil increase in enrollment distributed among all grades
e. Displacement or relocation of people none
f Land values improves to residential values from agricultural
g. Local and long-distance travel, i.e., highway and local road impact connects to Sunrise Drive/2"d
East and Poleline Road via Stone Drive through Sky Meadows Subdivision to the south
h. Behavior of wildlife species already disturbed area
i. Water quality and effect on underground water supply municipal water supply
j. Noise pollution minimal in residential area
k. Air pollution minimal in residential area
1. Method proposed to dispose of storm drainage waters catch basins collecting to storm drain
piping system and area -wide detention pond and pump station
in. Extent of increased city road maintenance, including snow removal roads in subdivision
n. Floodplain— methods proposed to alleviate effect of 100 -yr flood; effect on adjacent properties. N/A
o. provisions for housing for persons of low and moderate income some smaller lots for less
expensive dwellings
p. Harmony with the character of surrounding developments surrounded by single family
2. Probably adverse environmental effects which cannot be avoided
a. Traffic Use moderate (112 cars per peak hour for entire development most accessing 2"d East)
b. Rights-of-way required dedicated to City, including extra width of Sunrise Drive
c. Pollution effect on existing environment none as City standards are followed
3. Relationship between local short-term uses of man's economic environment and the long-term
productivity.
a. Existing vs. proposed tax base increases tax base
b. Costs to City if proposal approved (annual) maintenance of streets
4. Measures taken to minimize harmful effects on environment
a. Effects of construction activities dust and noise during construction minimal traffic disruption
b. Erosion control _best management practices followed
c. Stream pollution prevention N/A
d. Borrow -pit rehabilitation backfill behind curbs
e. Fencing private lot fencing
f. Buffer zones _consistent with adjacent uses
g. replacement of parklands or farmlands common open/green space area loss of some farmland
5. Is this plat plan harmonious with and in accordance with the general objectives or with any specific
objective of the City's Comprehensive Plan? consistent with Comprehensive Plan and established
zoning
FOUNDERS SQUARE
VICINITY MAP
Staff Report
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•
SUBJECT;
Planning and Zoning Department
STAFF REPORT
72 North Center garyl.Qrexburg.org Phone: 208.359.3020 x374
Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3024
APPLICANT:
PURPOSE:
PROPERTY'LOCATION:
rMY"HENSIVE PLAN:
ENING DISTRICT:
Planned Unit Development, file # 08 00023
Founders Square, LLC
elo Bill Collins
PO.Box 15540
Jackson, WY 83002
gR�
tea° rFi CITY OF
REXBURG
'•<„Nte Amer&ds rwmil Conmanity
Approval of a Final Master Plan/Final Subdivision Plat for Phase I of the
Founders Square Planned Unit Development (PUD).
South 2na Fast ;
Rexburg, ID 83440
Low -Moderate Residential Density
Low Density Residential l (LDRI)
APPLICABLE_ CRITERIA: City afRexburg Development Code,(Ordinance Code 920) .
§ 4.15 Planned UnitDeve7opment 0115
AUTHORITY § 4.15(K)(3) The Commission shall recommend to thy City Council that
the proposed final master plan be approved, approved with conditions, or
denied.
I. BACKGROUND
The applicant has requested that Phase I of the Founders Square PUD be approved as a final master
plan and a final subdivision plat. Obtaining this approval would then allow the applicant to record the
plat with Madison County and begin the selling of individual lots and construction of new homes.
The request is preceded by an approval of the Founders Square preliminary master plan and
preliminary subdivision plat, which occurred August 15, 2007.
The review process fora final master plan/final subdivision plat is such that the Commission shall
review the application and determine if the proposal satisfies any relevant substantive criteria and is
consistent with the approved preliminary master plan and if any conditions of approval required at
that time are incorporated into the proposal. The Commission should then make a recommendation to
the City Council that the proposal should be either approved, approved with conditions, or denied.
Case No. 08 00023
Page 1
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H. SITE DESCRIPTION
The subject property is a 1,559,012 square foot (35.79 -acre) parcel located (and accessed) from 2nd
East. Phase I is 15.22 -acres with 47 lots proposed. Once the extension of Sunrise Drive is developed
as part of this proposal, the site will access Sunrise Drive, which then connects to 2"d east. Sunrise
will then continue to the east and north through future development. The site will also have access to
Poleline Road to the south through the Sky Meadows neighborhood.
The surrounding area consists of agricultural land with some platted single-family lots. There are
also some existing communications towers immediately to the east and west of the site.
III. SUBSTANTIVE CRITERIA
The following is a review of the relevant minimum requirements of a'PUD.
1. Variations to Underlying Zoning- The applicant was approved for variations to the underlying
LDRI zoning. It should be noted that only the specific requests to vary from the underlying
zoning requirements was granted, all other standards found in the LDRI or future zoning
category that may be applied to this property will prevail. The specific variations from the
underlying zoning requirements are as follows:
is Setbacks- The proposal has been granted several exceptions to setback requirements,
which need to be modified (see proposed conditions of approval) in the proposed
Covenants Conditions and Restrictions (CC&Rs), they are as follows:
a. Front yard setbacks- Along the boulevard/entrance to the project, a 15 -foot
setback to the flout of home has been granted, except that garages or.
carports must observe the full setback as required by the underlying zoning
which is 20 -feet along a street that has a landscape strip at the front of the
property; 25 -feet is no strip is present. Within this setback it should be .
( d noted and reinforced through a condition of approval that any structure
over 30 -inches from grade shall meet the required setback, this would
include front porch steps, covered or uncovered. Currently the CC&Rs
state that 36 -inches: A 30 -inch limit. will be consistent with the currently
adopted building code.
b. Front yard setbacks- On all other interior lots, the proposal was granted 10 -
foot setbacks except that garages/carports must observe the full setback as
required by the underlying zoning which is 20 -feet along a street that has a
boulevard strip along the front of the property; 25 -feet if no strip is
present.
c. Side yard setbacks- The proposal was approved for a 5 -foot side yard .
setbacks. It should be noted that corner lots are determined to have two
front yards and two side yards.
During the original public hearing, it was determined that the setbacks would be
measured to the building wall; or foundation. It should be clarified that, "architectural
features, such as eaves, cornices, and chimneys may extend in to the required setback a
maximum of 18 -inches." (see proposed conditions of approval).
ii. Building height- Height of building was not granted approval for the request to exceed the
30 -foot height limit.
iiia Lot'size and dimensions- the proposal was approved for variations to the minimum lot
sizes and dimensions. These variations are approved as shown on the approved
preliminary master plan.
2.. Street Standards- The proposal incorporates current City street and right -of --way standards. No
variations were approved.
Case No. 08 00023
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3. Density Determination- The proposal is was approved for l 11 lots. This yielded amount of lots
was below what the proposal qualified for under the density bonus section of the PUD ordinance.
4. 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. Scone of Plan- The entire parcel under ownership of the applicant is included in the
proposal. .
iii. Desi Team- A design team has been formed and has material submitted for this final
master plan review.
iv. Natural Features- The development intended to incorporate the hillsides as undeveloped
areas. A condition of approval was, should be that hillsides include a conservation
easement that precludes any development of these areas, other than identified park areas.
This easement would need to be shown on the final master plan, and ultimately on the
recorded plat: See proposed conditions of approval.
v. Utilities- All new utilities will be placed underground.
vi. Phasine- The project is now proposed to be platted into three separate phases. This
deviates from the preliminary master plan proposal and approval, which only granted
approval for a phase one of one approach, as this is how it was proposed. It is now
required of the Commission to make a finding that Section X(1) of the PUD ordinance is
7 . satisfied. Essentially, can each phase meet theapproved density standArds as were
approved in the preliminary master plan? This would require the applicant to provide a
description of each phase and provide a breakdown of density per phase. This information
has not been provided. The only concern the Planning Department has is that the road
extending to the south connecting to the Sky Meadows subdivision is not being proposed
to go through until a latter phase. This road should be extended to provide connectivity
through neighborhoods (see proposed conditions of approval) and more important, the
public, during the public hearing:for this PUD -understood this to be a one phase?
subdivision. The public has not been notified of this' significant change to the plan. The
Commission should consider this matter and decide if phasing is acceptable, and if so,
should the road connectivity for the subdivision extend and connect to the south, or Sky
Meadows subdivision.
vii. Water Conservation- Per the requirements of the PUD ordinance as restated in the
conditions of approval for the preliminary master plan, the final master plan needs to
show how, in detail, the proposal will incorporate low volume irrigation systems
throughout the landscaped areas of the development. In addition, individual lot owners
are to be required to do the same. These requirements are supposed to shown in the
landscape plan and the CC&Rs. Within the CC&Rs the applicant has encouraged the use
of a drip system, but the language is not present that requires homeowners to utilize low
volume irrigation systems, unless it is deemed that sprinkler systems in general area
lower volume method of irrigation than traditional sprinkling.. In the CC&Rs it could be
recommended or required that ino lawn sprinklers should/shall be used during the hottest
hours of day with. a hour range affixed.
viii. Refuse Bins- Individual trash bins are required: to be screened form 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
Case No. 08 00023
Page 3
neighborhood. These requirements should be incorporated into the CC&Rs, but
nevertheless are conditions of approval for the preliminary master plan.
ix. Glare Reduction- The proposal must conform to the City's lighting ordinance.
5. 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 has met this
requirement with 3.6 -acres of proposed open space.
ii. Dedication of Land for Public Use- No portion of the open space is proposed to be
dedicated at this time.
iii. Maintenance- As the common areas are proposed to be private rather than public, the .
homeowners association is responsible for common space maintenance, as stated in the
proposed CC&Rs. Until such time as a homeowners association is established, the
developer is responsible for all maintenance of common areas and all unsold lots:
iv. Clustering- The ability to provide open space elements to this development is provided -
through the clustering of lots. As feasible, the lots have been oriented towards common
space elements. The open space areas are focal points for the neighborhood and are
interconnected with the neighborhood's internal sidewalk network.
v. Hardsc4pe- Staff was unable to determine hardscape percentages, as the final landscape
plans show this information. However, it appears this standard is likely met.
vi. Common Activi Areas- The original conditions of approval require playground
equipment, pathways with benches, andtables through natural or landscaped areas to be.::; . .
shown on the final landscape plan to be submitted with the final master plan application.
The applicant has submitted a landscape plan which has greater detail; the Commission
should determine if the material is in sufficient detail to determine if the intent of the
parks and open space concept presented in the preliminary master plan approval is met.
vii. Landscapmg Per Unit- The proposed CC&Rs do require landscaping per unit. In
accordance with the PUD ordinance, the proposed CC&Rs have included this language.
.....:; viii Water Conservation-. The final landscape. plan is required.to.identify.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. At the writing of this staff this condition was not verified. This
should be verified prior to the signing of a final plat (see proposed conditions of
approval).
Density Bonuses- By achieving 55 density points from density bonus design requirements, this
PUD. is approved for 4.84 Units/NDA.
Density Bonus Calculations- The proposalmeets the approved density of 4.3 units/NDA.
1~ollowing the formula outlined in the PUD ordinance', the proposal needed to incorporate 55
density bonus points from the required density bonus design requirements; this was
accomplished:
Density Requ ents- In order for the proposal to achieve 4.3 units/NDA, 55
densi onus points must be ac ved through the list described in the PUD ordinance. The
following scribes how the ap cant proposes to achieve the desired density:
i. Euggy efficienc. -the -19 a on and r-38 ce' ' n
wastherefore granted 10 bonus points. This requirement should be listed in the
W's (see proposed conditions of approval).
e projetI is in ah LDRI zone and the design is awarded 55 bonus points. 55 x.0121 = 0.6655 additional units per acre. 0.6655+
x.03 (base density) = 4.3 maximum units per acre for the development.
Case No. 08 00023
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ii. Building. Design- The CC&Rs include language that satisfies the requirements of this
bonus and was therefore granted 20 bonus points.
iii. Design Theme- The proposal included a themed.landscape design throughout the
development, this included themed lighting. Also, the plaza area was to incorporate a
colonial theme through the use of colonial designed benches as well as a central
monument in the plaza. Theproposal was granted 45 points for this bonus. The
Commission should determine if enough detail is present in the application, material to
verify that this bonus is being adhered to. Staff did not find detail regarding lighting,
bench styles, and details on monuments in the plaza area, Staff could not determine if a
unified theme was being proposed.
iv. Parking Area- The proposal was granted 5 bonus points for incorporating street
landscape strips and medians that have trees that exceed out standard.
v... Recreational Amenities- The proposal was granted 25 points for providing recreation
areas. The proposal shows only locations amenities but no detail regarding product, i.e.
bench styles, lighting, playground equipment, etc. This is important in that this bonus may
be determined by the cost of the amenity, its benefit to the residents of the development,
its size and number of amenities in the development. The Commission should determine
if enough detail is present with the application material to determine if the granted density
bonus points are warranted. Staff could not provide a recommendation as it was
determined that not enough detail was submitted.
vi. Landscaping- The proposal was granted 10 bonus points for exceeding the size standard
- as required by the PUD ordinance. The PUD ordinance requires 324 trees and the "-
applicant will provide over 600 trees.
vii. Open Green Space- The applicant is proposing three areas of open space. These areas, as
1 required and conditioned, are to incorporate native and drought tolerant plantings. This
Einformation needs to be verified prior to the signing of a final plat. The applicant was
awarded 25 points for this bonus.
viii. Public Streets- not applicable or required to address
.:ix♦:. Housine- optional, not required to address
The proposal needed 55 bonus points to obtain the needed density bonus points. In fact, the
proposal was awarded 140 points. By obtaining more density bonus points than needed, through.
good planning and design, the Commission may not require additional detail on density bonus
criteria.
IV. COMPLIANCE WITH PRELIMINARY MASTER PLAN
For final master plan approval, the proposal must be consistent with the preliminary master plan
approval -and any conditions of approval that may have been applied. The Founders Square did have
many conditions of approval that were tied to its preliminary approval (see Exhibit B). Most of those
condtions-of approval brought up in the above Section V of this document. The Planning
Commission should review the preliminary approval and its conditions of approval and make a
determination as to whether or not this final master plan is consistent with it. Below is staff s
comments on the issue of compliance with the preliminary master plan.
Preliminary Master Plan
L OpenSpaeeArea.
A PUD is required to provide at least 10% of the total land area to open space and recreation
areas. During the preliminary approval of Founders Square it was determined that they were
Case No. N 00023
Page 5
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deficient in the amount allotted. This current proposal has met the standard. As a result, some
modifications were made to location and arrangement of the open space elements. Now there are
three areas of open space rather than two as a result of the requirement to provide almost 1 -acre
more of open space. The Commission should make a determination as to whether these
modifications to the open space elements are consistent with the preliminary master plan
approval.
2. Lot Size and arrangement.
Lot sizes in some areas have been modified, some were made larger and some were made
smaller. Minor modifications to lot sizes are generally viewed as acceptable and are considered
consistent with the preliminary approval if overall densities have not changed. This PUD has
yielded an additional lot, but that lot is to be used for open space.
3.
The current proposal has created a lot directly adjacent to an existing cell tower. This tower is an
approximately 130 -foot lattice tower and antenna. The antenna and tower are owned by the
developer so there are no potential conflicts between property owners over this issue. The
Commission should make a determination as to whether or not creating a lot adjacent to an
existing cell tower creates a compatibility issue from a land use perspective.
Phasing of Subdivision.
The original approval for Founders Square was for a single phase plat. The proposal did state that
construction would occur in two phases; however those phases were not defined. The
construction dates were to be complete within three years.
The current proposal has modified this development approach. The proposal now calls for three
phases of platting to occur. Specifically, the applicant is asking for approval of the area defined
as "Phase I." This would allow the applicant to plat Phase I and later plat phases two and three
through this same process. The applicant will need to address to Commission a statement
regarding phasing as is required in the preliminary master plan process. The applicant is required
to provide, "A statement whether the applicant proposes to submit the final master plan for
review• as a single master plan- or.in phases.- a statement o£the date or dates .by which the
applicant proposes to submit the final master plan of final master plan phases for review; and a
statement of the date or dates by which the applicant anticipates that the development and.related
improvements of each phase thereof will be substantially completed."
Staff is interested in the completion of a north -south road that would connect Founders Square
from the Sky Meadows subdivision on the south via Stone Drive to the future Sunrise Drive on
the"north of Founders Square. This was anticipated in the preliminary approval and would have
allowed full connectivity through the neighborhoods. This connectivity would aid in emergency
responses.
The Commission should make a determination as to whether or not the new phased approach is
appropriate for a final master plan application. If it is determined appropriate, staff would
recommend that the Commission explore the road connectivity would recommend that Phase I
include a fully constructed road from the north of the property to the south to allow for full
connectivity, enhancing public safety. This would require the applicant to come back to the
Commission at a continued meeting and provide a proposed plat showing the road connections as
part of the Phase I plat and also state the timing of construction.
Case No. 08 00023
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V. STAFF RECOMMENDATION
Staff recommends that the Commission consider the application material submitted and determine if
the proposed planned unit development final master plan 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.
VI. RECOMMENDED FINDINGS
1. The final master plan for Phase I of the Founders Square Master
2. The City attorney will review the final CC&Rs prior to the signing of a final plat to determine if
they are in conformance with the preliminary master plan approval and applicable City of
Rexburg ordinances.
3. All proposed utility systems have been reviewed and approved by the City Engineer. Actual
construction shall be subject to final inspections to ensure approvals and City standards are
observed. In addition, it is determined that the submitted landscape plan is consistent with the
preliminary master plan approval.
4. As conditioned, the final master plan for phase one is consistent with requirements for phasing
found in the PUD ordinance, in that each phase will maintain a balance of approved densities and
adequate open space elements.
Proposed Conditions of Approval
i General
1. All conditions of approval below and those approved in the Preliminary Master -Plan (file 407 00292)
shall apply to this project.
' 2 ` Language`siiall be clear in the CC&Rs-th-at no approval granted by the HOAR or Architectural
Committee can violate City Code (e.g. accessory structures, buildingheights, fencing, location of
building on lot, etc.).
3. The final CC&Rs shall be reviewed and approved by the City Attorney prior the recordation of a plat.
4. Requirement of the underlying zoning prevails where no specific requested variation has been
considered and granted.
5. Final CC&Rs shall be reworded to include the following setback language:
a. Front yard setbacks- Along the boulevard/entrance to the project, 15 -foot
setbacks to the front of home are allowable, except that garages or carports
must observe the full setback as required by the underlying zoning which
is 20 -feet along a street that has a landscape strip at the front of the
property; 25 -feet is no strip is present: Within this setback any structure
over 30 -inches from. grade shall meet the required setback, this would
include structures such as front porch steps, covered or uncovered.
b. Front yard setbacks- On all other interior lots, 10 -foot setbacks are .
allowable except that garages/carports must observe the fall setback as
required by the underlying zoning which is 20 -feet along a street that has a
boulevard strip along the front of the property; 25 -feet if no strip is
present.
c. Side yard setbacks- Allowable are 5 -foot side yard setbacks. Comer lots
are determined to have two front yards and two side yards.
Case No. 08 00023
Page 7
C)
(j
6. Final CC&Rs shall be reworded to include the following setback language:
a. Setbacks will be measured to the building wall, or foundation.
b. Architectural features, such as eaves, cornices, and chimneys may extend
in to the required setback a maximum of 1 &inches.
7. Final CC&Rs shall be reworded to include the following language: Homes will use, as a minimum, R-
19 wall insulation and r-38 ceiling insulation.
8. In order to increase safety for emergency vehicles and to increase the connectivity of neighborhoods,
Founders square shall, for Phase I, include the platting and construction of a road that will provide
road connectivity from the north on Sunrise Drive through to the south to connect Stone Drive with
the Sky Meadows subdivision.
9. To supplement the submitted landscape plan, the applicant shall identify what drought tolerant plant
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. This it to be
submitted and verified prior to the signing of a final plat
10- Other department's notes found in the "staff review" section of the packets given to the planning
commission shall be incorporated in to the development and addressed'prior to the signing of final
plat for any and all proposed phases.
11: If land is annexed in to the Founders Square subdivision, as allowed in the proposed CC&Rs,
only the City's zoning regulations shall apply. No variances to setbacks, lot sizes, etc. shall be granted
without obtaining a variance to that specific regulation, or the Founders Square PUD is amended to
include those new areas through an amendment to the Preliminary master plan. This language, or
similar, shall be included in the final CC&Rs to be recorded.
12. Prior to commencement of development, the developer shall provide to the city an improvement
agreement and financial security instrument as described in the City of Rexburg subdivision
ordinance and shall obtain a development permit.
Performance Standards
13. Natural Features- The development intends to incorporate the hillsides as undeveloped areas.
.-Hillsides I shall include a:`.eonservation easement that precludes°any` development of these areas; other
than identified park areas. This easement was required to be shown on the final master plan, but shall
be provided on the final plat that is to be signed for recordation.
PUD Approval Time Limitations '
14. The preliminary master plan/plat for unbuilt and unapproved portions of this PUD shall expire
. within two years of the previous approval of a final master plan for each phase.
��a�C�1�Y1DZ1J►�c]
Page 8
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4�.xeuec RO Box 280
CITY or - - 19.E Main St.
0
1�P+1�1J 77�,VT�
V RG Rexburg, Idaho 83440
nv
Amenm} Family Community Phone (208) 359-3020
Review Action Fax (208) 359-3022
February 29, 2008
Permit Number: 08 00023
Project Name: Founders Square -Phase 1 -Final PUD
Project Type: Final Planned Unit Development
Review Item Actions Required for Approval Approved
orks eview'=:�
Public Works Review
Parcel #'s RPRXBCA0326110
1. The trail system shown to connect to 2nd
east is in a area where it is too steep to build at
that location. A better.location needs to be
developed.
2. Some of the lots along the west edge of the
development have a limited building area due to
the slope of the rear portion of the lots. This will
need to be taken into consideration when the
lots are developed. Set back variances will not
be allowed where these lots are platted with this
limitation.
3. How will access be provided to the existing
cell towers on the easten side of the
development.
4. Because of the height of the fill on Sunrise a
slope easement will need to be provided along
the north edge of the development for the
construction of the fill for Surise.
(0
CITY OF
REXBURG
dmerimi Fmrily Cornrnuniry
February 29, 2008
Permit Number: 08 00023
Review Action
Project Name: Founders Square -Phase 1 -Final PUD
Project Type: Final Planned Unit Development
RO Box 280
19 E Main St.
Rexburg, Idaho 83440
Phone (208) 359-3020
Fax (208) 359-3022
Review Item Actions Resluired for Approval Approved
CO �fartment>Revtewy r f n
Fire Access Roads Reviewed meets guidelines. 02/01/2008
Water Supply
Additional Comments
Fire Lane Signage
Parcel #'s RPRXBCA0326110
Plan does not referance hydrant location.
hydrants must be as per 2006 nternational
code,
with 400' maximum spacing.
Hydrant access:Dept prefers hydrants to start
at the begining of streets and loops.
'�
"c>
CITY OF
REXBURG
nv
AmerimS £mn iIy Community
February 29, 2008
Review Action
Permit Number: 08 00023
Project Name: Founders Square -Phase 1 -Final PUD
Project Type: Final Planned Unit Development
P.O Box 280
19 E Main St.
Rexburg, Idaho 83440
Phone (208) 359-3020
Fax(208)369-3022
Review Item Actions Required for Approval Approved
Subdivision adjoiners are correctly
Boundary description matches the plat
Street and other public dedications are
worded correctly
Flood Plain designation exists
Irrigation certificate exists
Can identify ownership withing the subdivision
Signature are correct for all elected officials
and staff
Subdivision Is Addressable
Township, range, and section are shown
Two ties to established section corners exist
Information exists to COGO all line segments
Subdivision and Street name are not in
conflictwith existing names
Ownership matches Assessor's role and
recorded documents
Utility and access easments are shown
graphically
Parcel #'s RPRXBCA0326110
The name Franklin Drive is being used on a
street in the Valley View Estates 3-1 subdivision
(recorded in April of 2006).
The Land Owner of record is Founder's Square
LLC
01/23/2008
01/23/2008
01/23/2008
01/23/2008
01/23/2008
01/23/2008
01/23/2008
01/23/2008
01/23/2008
01/23/2008
u
PUD
Application
0
0
Planned Unit Development Application
for
Founders Square Subdivision
35.79 Acres at Sunrise Drive and 2nd East
Developer:
Founders Square, LLC
P.O. Box 15540
Jackson, WY 83002
January 10, 2008
Prepared by:
Collins Planning Associates, LLC
The Dyer Group, LLC
Rendezvous Engineering, PC
Dubbe-Moulder Architects, PC
Collins Planning Associates, LLC
P.O. Box 7441
Jackson, WY 83002
(307) 690-4436
m
FOUNDERSSOUARE
Phase 1 Final Plat Application
Purpose:
The purpose of this application is a request for approval of the final plat for Phase 1 of a
proposed 109 lot Planned Unit Development located at the SE corner of 2"d East and
Sunrise Drive. With the current zoning on this LDR-1 parcel allowing 3 units per acre
and with the restrictions of the topography of the land, the PUD ordinance will provide
flexibility in the lot sizes, set backs, and lot width while providing a community feel and
open spaces to enhance the overall look and livability of this location. This flexibility
will allow the proposed plan to provide a harmonious colonial design throughout the
community, traditional street designs, central usable open space, community parks with
children's play equipment and a pedestrian friendly atmosphere.
Phase 1 Final Plat Application:
Proposed name of the planned unit development: Founders Square
2. Date, north point and scale of drawing: See Plat Map
3. Appropriate identification clearly stating that the drawing is a final planned unit
development master plan: See Plat Map
4. Location of the planned unit development by section, township and range; a legal
description sufficient to define the location and boundaries of the proposed
planned unit development tract; and the tract designation or other description
according to the real estate records of the county assessor: See Plat Map
A vicinity sketch map at a scale of one inch equals four hundred feet showing
adjacent property boundaries and land uses: Not Required on Final Plat
6. Names and addresses of legal owners of properties within five hundred feet of the
tentative planned unit development boundaries, excluding streets, unless the City
is able to provide this information: Previously Submitted
The following:
a. Location, widths and names of all existing streets or other public ways within
or abutting the planned unit development: See Plat Map and Master Plan
b. Contour lines having the following minimum intervals:
i. Two -foot contour intervals for ground slopes less than ten percent, and
ii. Five-foot contour intervals for ground slopes ten percent or greater.
Contours shall be based on contour maps provided by the city or other data
approved by the city engineer: See Master Plan
c. Location of at least one temporary bench mark within the planned unit
development boundaries or the source of the contour line data shown. (Source and
accuracy subject to city engineer's approval): See Plat Map
d. Location and direction of all water courses and natural features such as rock
outcroppings, marshes, wetlands, and wooded areas; and the approximate
locations of trees or stands of trees having a trunk cross-sectional diameter of
eight inches (approximately twenty-five inches in circumference) or more
measured at a point fifty-four inches above the base of the trunk on the uphill
side. The plan must identify those water courses, natural features and areas of
trees meeting the described criteria which are to remain and those which may be
altered or removed: See Master Plan
e. Proposed streets, including location, widths and approximate radii or curves:
See Plat Map and Master Plan
f. Location of existing and proposed easements on the site or abutting property,
showing the width and purpose of each easement: See Plat Map
g. The types of housing proposed within the PUD, the approximate location or
locations proposed for each type of housing, and the approximate housing density
proposed at each location: Single Family Residential at 3 units per acre
throughout the entire community, see Plat Map and Master Plan.
h. Sites, if any, allocated for churches, parks, schools, etc.: No churches or schools
are proposed on the site and all common open/green space is designated on
the Plat Map and Master Plan.
Area coverage of existing and proposed structures, lots, streets or other
development: See Plat Map and Master Plan.
C. Supplemental Master Plan Information. The applicant also shall submit the
following information to supplement the master plan. This information can be
submitted in separate statements accompanying the master plan:
Proposed restrictions to be filed in the county deed records, in outline form, such
as deed restrictions, conditions, covenants and restrictions, and homeowner's
association agreements. The outline restrictions shall identify the time at which
the restrictions will be filed in the county deed records; generally who will have
2
j authority to enforce the restrictions; specifically which restrictions, if any, are
( proposed to be enforceable by the city; the time at which the restrictions will
become enforceable; and which restrictions, if any, will not be subject to
amendment without the consent of the city: See Attached Declaration of
Covenants, Conditions, and Restrictions.
2. Approximate locations and anticipated grades of all streets. Typical cross
sections of the proposed streets showing widths of roadways, curbs, location and
widths of sidewalks and the location and size of utility mains: Streets built to
City Standards for street width and rights of way, except Washington
Boulevard is increased to 75' to accommodate an 7' landscaped median. See
attached Street Sections, Plat Map, and Master Plan.
Approximate plan of proposed sanitary sewers, storm drains, storm water
detention and drainage pre-treatment facilities and the water distribution system:
See Master Plan.
4. A general description of property intended to be dedicated to the city or public,
other than street right-of-ways, including proposed dedication restrictions: No
property to be dedicated to city or public other than the street rights-of-way.
Open and green space shown on Plat Map and Master Plan is held in
common and administered by the HOA.
5. Maximum potential number of residential units, calculated as follows:
a. Determine residential development area as follows: subtract from gross area
any area allocated for churches, schools, and public buildings,
b. Divide residential development area (excluding public and private streets) by
the minimum residential lot size permitted in the underlying zone. This is the
maximum potential number of residential units:
35.79 Acres * 43,560 feet/acre =1,559,012 total square feet
1,559,012 — 487,212 (public right-of-way) =1,071,800 (NDA) 24.60 acres
1,071,800 / 12,000 (minimum lot size) = 89.3 potential number of lots.
Then with an anticipated 100+ points for our density bonus we would be
granted 4.84 units per net developable acre (NDA) and multiply it by our
current net developable acre (NDA) of 24.60 acres (1,071,800 square feet).
4.84 x 24.60 = 119potential number of lots.
6. Proposed number of residential units: 109 proposed residential units, which is
an average of 3.05 units per gross acre.
7. An approximate tabulation of all dwelling units by type: 109 single-family units
8. A narrative description of the planned unit development and the manner in which
it meets the purpose set out in subsection A of this section;
I. The site is zoned LDR-1 which allows for three units per acre. The site is
35.79 acres in size which could allow as many as 119 lots with the density
bonus. Founders Square is planned at 109 lots or 3.05 units per gross
acre. Therefore, we are asking for the density allowed within the current
zoning. However, because of the minimum 12,000 square foot minimum
lot size requirement, and the topography of the site, we could not build
this plan without the PUD ordinance. Our plan is for single family
residential only. The site has been described accurately as being in a
"hollow." This has created some design challenges and opportunities.
The PUD has allowed us to design a community with a central plaza as
open space. We have also included two additional neighborhood parks
that will provide pathways, benches, covered picnic areas, a play
structure, etc. that will be accessible ' to the whole community of
Rexburg.
II. The internal open spaces give this neighborhood a sense of community.
The open spaces have an attraction that will draw members of the
community together. The home owners can come together informally
and at times formally by organizing events. Accordingly, more of the
open space is held in common ownership allowing for smaller lot sizes as
the active open space is maintained by the homeowners association.
III. The smaller lot sizes also provide an opportunity to design an early
American style of streets, landscaping, sidewalks, and housing types. All
the sidewalks are set back from the streets which will allow for tree lined
streets throughout the community, making it a very pedestrian friendly
community. The homes are built closer to the sidewalk making the front
porch, which is stepped up approximately two and a half feet, a more
inviting location to spend time with friends and neighbors. The garages
are all set back from the front of the home. This will allow us to virtually
eliminate the overbearing garages that dictate the streetscape. We want
the sidewalk, front porch, colonial facade, and people, to be the focal
point of the home, not the garage.
IV. The master plan allows for conservation of land as an important
resource to the community. We realize that the "hilltop" in Rexburg is a
unique location. The resources of the University are close. Also, the new
LDS Temple will create market needs for volunteer workers of
retirement age. Another advantage of this location in Rexburg is access
to Downtown for entertainment and shopping. This development will
provide a quality product with various home and lot sizes that will
appeal to all stages of life, from the young married couple to the empty
nesters. This is key as studies have shown that communities with varied
housing and product types prove to be longer lasting and vibrant
neighborhoods.
2
V. Finally, the smaller lot sizes provide a greater return on the public
investment. Sewer lines and water lines, as a public utility, serve more
homes per lineal foot. Similarly, the private utilities of telephone, power
and gas are more efficiently using their resources. The common area
open spaces place less demand on the public parks system. And, the
design of the neighborhood provides for good neighborhood
communication and security.
9. A statement describing the present and proposed ownership:
Current owner is Founders Square, LLC.
10. A preliminary landscape plan, covering both areas to retain undisturbed their
natural vegetation and areas to be landscaped: See Attached Landscape Plan
11. A circulation plan and traffic impact analysis identifying likely circulation
patterns for and traffic impacts from traffic generated by the development
including patterns and impacts within the development, in the area surrounding
the development, and in other affected areas of the city: City has already
conducted such a study and has determined Sunrise Drive Along the north
edge of the subdivision will be residential collector road. Connection will
also be made to Stone Drive in the Sky Meadows Subdivision to the south
1 with connection to Pole Line Road.
12. A statement whether the applicant proposes to submit the final master plan for
review as a single master plan or in phases; a statement of the date or dates by
which the applicant proposes to submit the final master plan or final master plan
phases for review; and a statement of the date or dates by which the applicant
anticipates that the development and related improvements or each phase
thereof will be substantially completed: We wish to submit the final master
plan as a three-phase plan. The first phase will begin in the spring of 2008
and be completed in the summer of 2008. The second and third phases will
begin as soon as the market forces permit with all phases being submitted
before the preliminary plat expires in 2010. Phase one will be connected to
the Sky Meadows development to the south with water and sewer lines, and
a street connection that will be fully paved as part of phase two.
Density Requirements:
This proposed PUD application does not request any commercial uses. The zoning
designation of three units per acre applied to this parcel of 35.79 acres less the rights-of-
way would allow only about 89 dwelling units. Under the new PUD ordinance, using a
base density of 3.63 units per acre and by obtaining the density bonus of 100+ points
would allow us to have 4.84 units per NDA, bringing the allowable units to 119 lots. The
proposed design at 109 lots is well below the allowable density.
1
G
Also, the proposed plan meets each of the eight areas in the Density Bonus Design / )
Requirements in the following ways: c
a. Energy Efficiency:
i.) Founders Square will provide energy efficiency in the form of R-38 and
R-19 insulation on ALL houses within the subdivision. (10 pts.)
b. Building Design:
i. The Founders Square Architectural Control and Design Criteria
require the use of a single siding style on a street view exterior
surface wall such as all brick, stone, wood plank siding, or stucco,
horizontal wood siding, wood board and batten siding, wood
shingles. It also does not allow vinyl siding on any home. No
same siding type can be adjacent to a neighboring home and no
same elevation can be within 4 homes on the same street. (20 pts.)
c. Design Theme:
i. Landscaping within Founders Square will provide tree lined streets
throughout the community as well as landscape features in the
central plaza, the community parks, the bermed siding along
Sunrise Drive, as well as the Boulevard entrance with a landscaped
island as shown in the attached Landscape Plan. (20 pts.) )
ii. Lighting will play a key role in the colonial theme of Founders
Square. All public street lamps will be consistent with the colonial
look and feel. All exterior light fixtures on the homes will require
approval by the ACC (Architectural Controls Committee). Finally,
no exterior lighting shall be oriented upward and will be shielded.
(15 pts.)
iii. The Plaza within Founders Square will have the colonial theme
throughout, including colonial architecture in the benches
surrounding the plaza._(10 pts.)
d. Parking Areas:
i. There are no parking lots within our community, however, all street
parking will be shaded and protected by the consistent tree lined
streets throughout. The trees planted in the entry median and along
the streets will be more in number and larger in caliper than
required by the city ordinance. Our purpose for doing this is to
provide vegetation, were none now exists and to set this project
apart from other residential products now being provided in
Rexburg. (5 pts.)
e. Recreational Amenities:
i. Founders Square will have three common active recreation areas
providing a play structure, BBQ Pit, covered pavilion picnic area,
! pathways and benches. These neighborhood parks will be spatially
l balanced across the development with one park in the NW comer;
the second common area will be the central plaza in the center of
the planned unit development. The third open space area will be in
the SE corner of the development and on the higher elevation with
several lots.
ii. In addition to being well balanced across the neighborhood, one
open space area/park will occur in each of the three phases.
iii. Also, the three open space areas will be connected with internal
pathways/sidewalks allowing the free movement between the
common areas. The park in the NW corner of the development will
provide a direct pedestrian connection to 2"a East.
iv. Twenty-six percent of the lots in the subdivision will abut or be
across the street from an open space/park and all of the open space
areas will be maintained by the homeowners association. (20pts.)
v. There is no common building within the community, but at least
one of the parks will include a covered pavilion. (5 pts.)
f Landscaping:
i. Founders Square will require that all builders within the community
meet and exceed the current PUD requirement of three 1.5" caliper
deciduous trees, by having two 2" caliper deciduous trees in the
front yard, one 1.5" caliper deciduous tree in the back yard. In
addition, the development will have two 2" caliper deciduous trees
in front of each lot in the planter strip between the curb and
sidewalk, and two 2" caliper deciduous trees on the side of each
comer lot in the planter strip. Also, all trees within the boulevard
entry will be a minimum of 3 inch caliper trees. Each lot will also
have 4 bushes in the front yard. Where the minimum PUD
requirement for total trees in the development is 324, Founders
Square will have over 600 trees. (10 pts.)
g. Open Green Space:
i. Founders Square was designed specifically around the central
community square with the intent that it will be a gathering place
for recreation and socializing. The park in the SE corner will
provide a pathway and benches and the park in the NE corner will
include a play area. All three open space areas will be connected
by an internal pathway/sidewalk network. In addition to a
pathway/sidewalk system connecting the three parks/open space
areas, the park in the NW corner willprovide a direct walking path
connecting with 2"d East.
ii. The plan also meets and exceeds the ordinance's requirement of
1,000 square feet of common activity space area for each unit
within the development by having over 157,000 square feet of
active common space (1,447 sq. ft. per unit). (10 pts.)
7
iii. Native plants will be incorporated throughout all open common
space. (10 pts.)
iv. Drought tolerant plants will also be included and placed throughout
all common open space. (5 pts.)
Conclusion:
Founders Square is a plan designed to create a sense of community by providing a
harmonious theme of colonial homes throughout, while including a central square among
three neighborhood parks, and tree lined streets making it a sociable, walkable, and
livable community. This plan makes every attempt to meet or exceed the requirements
set forth by the City under the PUD ordinance. We respectfully request approval of this
final plan as. it will be a great addition to the neighboring properties and most of all to the
City of Rexburg.
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Street Typical Sections
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Typical Homes and Streetscape
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Founder's Square
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Medium Floor Plan
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Small Floor Plan
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IR
( Covenants, Conditions, and Restrictions
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR FOUNDERS SQUARE
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR
FOUNDERS SQUARE is made effective as of the —day of by
Founders Square LLC ("Grantor" and "Class B Member").
ARTICLE 1: RECITALS
1.1 Property covered. The property subject to this Declaration of Covenants,
Conditions and Restrictions for The Founders Square Subdivision (the "Declaration")
is property in the County of Madison, State of Idaho, which is more particularly
described in Exhibit A, attached hereto and made a part hereof (the "Property").
1.2 Purpose of Declaration. The Founders Square Subdivision is a residential
development, which Grantor currently intends to develop in accordance with existing
development approvals obtained from the City of Rexburg and documented in the
City's files, or any other development plan(s) for which Grantor may from time to
time obtain approval. Grantor intends to develop the property in phases and apply
this Declaration to all phases. The purpose of this Declaration is to set forth the basic
restrictions, covenants, limitations, easements, conditions, and equitable servitudes
(collectively, the "Restrictions") that will apply to the entire development and the use
of all portions of the Property. The Restrictions are designed to preserve the
Property's value, desirability and attractiveness, and to guarantee adequate
maintenance of the Common Areas, lots or easements and the Improvements located
thereon.
ARTICLE II: DECLARATION
Grantor hereby declares that the Property, and each lot, parcel or portion thereof, is
and/or shall be held, sold, conveyed, encumbered, hypothecated, leased, used,
occupied and improved subject to the following terms, conditions, covenants,
easements, and restrictions, all of which are declared and agreed to be in furtherance
of a general plan for the protection, maintenance, subdivision, improvement and sale
of the Property, and to enhance the value, desirability and attractiveness of the
Property. The terms, covenants, conditions, easements, and restrictions set forth
herein shall run with the land constituting the Property, and with each estate therein,
and shall be binding upon all persons having or acquiring any right, title or interest in
the -Property or any lot, parcel, or portion thereof, shall insure to the benefit of and be
binding upon Grantor, Grantor's successors in interest and each grantee or Owner and
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE
such grantee's or owner's respective successors in interest, and may be enforced by
Grantor, by any Owner or such Owner's successors in interest, or by the Association.
Not withstanding the foregoing, no provision of this Declaration shall be construed as
to prevent or limit Grantor's right to complete development of the Property and to
construct improvements thereon, nor Grantor's right to maintain model homes,
construction, sales or leasing offices of similar facilities on any portion of the
Property, including the Common Area or any public right-of-way, nor Grantor's right
to post signs incidental to construction, sales or leasing.
ARTICLE III: DEFINITIONS
3.1 "Architectural Committee." Architectural Committee shall mean the committee
created by the Grantor or the Association pursuant to Article VI hereof.
3.2 "Articles" shall mean the articles of Incorporation of the Association or other
organizational or charter documents of the Association.
3.3 "Founders Square" shall mean the Property.
3.4 "Assessments" shall mean those payments required of Owners and association
Members.
3.5 "Association" shall mean the Founders Square Homeowners' Association, Inc, a non-
profit corporation organized under the laws of the State of Idaho, its successors and
assigns.
3.6 "Board" shall mean the Board of Directors or other governing board or individual, as
applicable, of the Association.
3.7 "Building Height" shall mean the dimension measured from the building eve to the
lowest point finished grade at the base of the building.
3.8 `Building Lot" shall mean one or more lots as specified or shown on any Plat upon
which Improvements may be constructed. The term "Building Lot" shall include
single-family residential lots, but shall not include Common Areas.
3.9 "Bylaws" shall mean the Bylaws of the Association.
3.10 "Common Area" shall mean any or all parcels of the Founders Square that are
designated on the Plat as common area easements or lots.
3.11 "Declaration" shall mean this declaration as it may be amended from time to time.
3.12 "Floor Area' shall mean the area of a building as measured between the outside
face of exterior walls, excluding any floor area with less than four feet of head room
between the floor and ceiling.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE
2
3.12 "Floor Area" shall mean the area of a building as measured between the outside
face of exterior walls, excluding any floor area with less than four feet of head room
between the floor and ceiling.
3.13 "Grantor" shall mean Founders Square, LLC. and any successor in interest, or any
person or entity to whom the rights under this Declaration are expressly transferred
by Founders Square, LLC. or its successors.
3.14 "Improvement" shall mean any building, structure, facility, or system, or other
improvement or object, whether permanent or temporary, which is erected,
constructed or placed upon, under or in any portion of the Property, including but not
limited to buildings, fences, streets, drives, driveways, sidewalks, curbs, landscaping,
signs, lights, street lights, mail boxes, electrical lines, pipes, pumps, ditches,
recreational facilities, and fixtures of any kind whatsoever.
3.15 "Limited Assessment" shall mean a charge against a particular Owner and -such
Owner's Building Lot, directly attributable to the Owner, equal to the cost incurred
by the Association for corrective action performed pursuant to the provisions of this
Declaration, including interest thereon as provided in this Declaration.
3.16 "Member" shall mean each person or entity holding a membership in the
Association.
3.17 "Owner" shall mean the Person, including Grantor, holding fee simple interest of )
record to a Building Lot which is a part of the Property, and sellers under executory
contracts of sale, but excluding those having such interest merely as security for the
performance of an obligation.
3.18 "Person" shall mean any individual, partnership, corporation, or other legal entity.
3.19 "Plat" shall mean any subdivision plat covering any portion of the Property as
recorded at the office of the County Recorder, Madison County, Idaho, as the same
may be amended by duly recorded amendments thereof.
3.20 "Property" shall mean those portions of the Property described herein including
each lot, parcel and portion thereof and interest therein, including all water rights
associated with appurtenant to such property.
3.21 "Regular Assessment" shall mean the portion of the cost of maintaining,
improving, repairing, managing and operating the Common Areas and all
improvements located thereon, and the other costs of the Association which is to be
levied against the Property of and paid by each Owner of the Association, pursuant to
the terms hereof or the terms of this Declaration.
3.22 "Special Assessments" shall mean the portion of the costs of the capital
improvements or replacements, equipment purchases and replacements or shortages
C i
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE
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in Regular Assessments which are authorized and to be paid by each Owner of the
Association, pursuant to the provisions of this Declaration.
ARTICLE IV: GENERAL AND SPECIFIC RESTRICTIONS
4.1 Structures — Generally. All structures are to be designed, constructed and used in
such a manner as to promote compatibility between the types of use contemplated by this
Declaration. It is the intention of this Declaration to foster a consistent and compatible
architectural theme that is based on widely accepted traditional single-family residential
styles as more specifically defined herein.
4.1.1 No improvement, construction, exterior remodel or expansion shall occur
without the prior written approval by the Architectural Committee.
Nothing in this Declaration shall require the Grantor to gain approval from
the Architectural Committee for the development of the property pursuant
to approvals by the City of Rexburg.
4.1.2 Exterior of Dwelling Structure. No change shall be made in the color of
paint, stain, or other exterior finish to a dwelling unit or structure without
prior written approval by the Architectural Committee.
J 4.1.3 The Architectural Committee reserves the right to establish alternative
setbacks or grant variances from the Design Guidelines in certain
circumstances where it would improve the overall feel and quality of the
community and maintain compliance with the rules, regulations and
ordinances of the City of Rexburg.
4.2 Excavation. No excavation for stone, sand, gravel, earth or minerals shall be made
upon Building Lot unless such excavation is necessary in connection with the
construction of an approved structure thereon. No oil drilling, oil development
operations, oil refining, quarrying, or mining operations of any kind shall be permitted
upon or in or under a Building Lot. No derrick or other structure design for use in boring
for oil or natural gas shall be erected, maintained or permitted upon any Building Lot.
4.3 Antennae. No exterior radio antenna, television antenna, satellite dish antenna,
internet antenna, cell tower, or other antenna of any type shall be erected or maintained
on the Property except in accordance with the Deign Guidelines below. Notwithstanding,
the pre-existing cell tower located on the common lot shall be permitted to remain and be
operated and altered pursuant to the terms of the lease existing upon the recordation of
this Declaration. Upon termination of the lease, the Grantor, or the Association in the
event the Grantor's Class B membership no longer exists, may extend, terminate or alter
and extend the lease.
4.4 Insurance Rates. Nothing shall be done or kept on any Building Lot which will
increase the rate of insurance on any other portion of the Property without the approval of
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE
4
the Owner of such other portion, nor shall anything be done or kept on the Property or
Building Lot which would result in the cancellation of insurance on any property owned
or managed by the Association or which would be in violation of any local, state or
federal law.
4.5 No Further Subdivision. No Building Lot may be further subdivided.
4.6 Nuisances. No rubbish or debris of any kind shall_ be placed or permitted to
accumulate anywhere upon the Property, including Common Areas or vacant Building
Lots, and no odor shall be permitted to arise there from so as to render the Property or
any portion thereof unsanitary, unsightly, offensive or detrimental to the property or to its
occupants, or to any other property in the vicinity thereof or to its occupants, as
determined by the Board. All refuse, garbage and trash shall be kept at all times in
covered reasonably noiseless containers which shall be kept and maintained within an
enclosed structure appropriately screened from view, except when necessarily placed for
pick up by garbage removal services. Trash receptacles placed out for collection may not
remain for more than 24 hours. Vacant Building Lots are to be kept in a clean natural
state and grass shall be maintained by the lot owner to prevent noxious weeds and
excessive height of over 8 inches. No noise or other nuisance shall be permitted to exist
or operate upon any portion of the Property so as to be offensive or detrimental to the
Property or to its occupants or to other property in the vicinity or to its occupants, as
determined by the Board. No Owner shall permit any party or other activity in the
Common Area or such Owner's dwelling unit which makes or causes to makes noises
which might tend to unreasonably interfere with the peace and quiet of other Owners or
occupants, as determined by the Board. No offensive noise, language or behavior is
allowed. The term nuisance shall include, but is not limited to any noise or activity that
negatively affects the fair market value of the adjacent property, loudly crowing animals,
and chronic dog barking.
4.7 Exterior maintenance. Owner's Obligations. No improvement shall be permitted
to fall into disrepair, and each improvement shall at all times be kept in good condition
and repair. In the event that any owner shall permit any improvement, including trees and
landscaping, for which the Owner has responsibility to maintain, to fall into disrepair so
as to create a dangerous, unsafe, overgrown, weed infested, unsightly or unattractive
condition or damages property or facilities on or adjoining their Building Lot which
would otherwise be the Associations' responsibility to maintain, the Board upon fifteen
(15) days prior written notice to the Owner of such property, shall have the right to
correct such condition, and to enter upon such Owner's building lot for the purpose of
doing so, and such owner shall promptly reimburse the Association for the cost thereof.
Such cost shall be a Limited Assessment, in accordance with Article VIII of this
Declaration, which Limited Assessment shall be secured by a lien on the Owner's
Building Lot(s) and such lien shall be enforceable in the same manner as other liens set
forth in Article IX of this Declaration. The Owner of the offending property shall be
personally liable and such Owner's property may be subject to a mechanic's lien for all
costs and expenses incurred by the Association in taking such corrective acts, plus all
costs incurred in collecting amounts due.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE
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4.8 No Hazardous Activities. No activities shall be conducted on the Property, and no
improvements constructed on any property which are or might be unsafe or hazardous to
any person or property, as determined by the Board.
4.9 Unsightly Articles. No unsightly articles shall be permitted to remain on any Building
Lot so as to be visible from any other portion of the Property. Without limiting the
generality of the foregoing, refuse, garbage and trash shall be kept at all times in closed
containers and in areas out of sight or as otherwise approved by the Architectural
Committee. No equipment, containers, lumber, firewood, grass, shrub or tree clippings,
plant waste, metals, bulk material, scrap, refuse or trash shall be kept, stored or allowed
to accumulate on any Building Lot except within an enclosed structure or as
appropriately screened from view. No building materials of any kind shall be placed or
stored on a Building Lot until the Owner of such Building Lot or such Owner's builder is
ready and able to commence construction.
4.10 No Temporary Structures. No house trailer, mobile home, tent (other than for
short term individual or visitor use which shall be defined as a period not to exceed seven
(7) consecutive days), shack, or other temporary building, improvement or structure shall
be placed upon any portion of the Property, except non-residential structures are allowed
temporarily as may be required during construction activity undertaken on the Property.
Temporary construction structures shall be removed before occupancy of the residence.
4.11 No Unscreened Boats, Campers and Other Vehicles. No dilapidated or unrepaired
and unsightly vehicles or similar equipment, as determined in the reasonable discretion of
the Architectural Committee, shall be placed upon any portion of the Property (including,
without limitation, streets, parking areas and driveways) unless the same are concealed
from view in a manner approved by the Architectural Committee and using, without
limitation, fencing and/or landscaping. Further, no boats, trailers, campers, all -terrain
vehicles, motorcycles, recreational vehicles, bicycles shall be stored in the area between
the front plane of a dwelling unit on a Building Lot and any street, or in any dwelling unit
setback area.
4.12 Animals/Pets. No animals, poultry or livestock shall be kept on the premises
except domestic animals as specifically provided herein. This paragraph 4.12 does not
apply to the keeping of up to two (2) domesticated dogs and up to two (2) domesticated
cats, and other common indoor household pets which do not unreasonably bother or
constitute a nuisance to others, provided such animals are not kept, bred or maintained for
any commercial purpose. All dogs must be leashed when outside a dwelling unit, except
when in a fenced yard. Chronic dog barking shall be considered a nuisance. Animal
shelters, enclosures or other such buildings must be in architectural harmony with the
dwelling unit on the Building Lot.
4.13 Exemption of Grantor. Nothing contained herein shall limit the right of Grantor to
subdivide or resubdivide any portion of the Property, to grant licenses, to reserve rights-
of-way and easements with the respect to Common Areas, utility companies, public
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE
6
agencies or others, or to complete excavation, grading and construction of Improvements
to and on any portion of the Property owned by Grantor, or to alter the foregoing and its
construction plans and designs, or to construct such additional improvements as Grantor
deems advisable in the course of development of the Property so long as any Building
Lot in the Property remains unsold. Such right shall include, but shall not be limited to,
erecting, constructing and maintaining on the Property such structures and displays as
may be reasonably necessary for the conduct of Grantors business of completing the
work and disposing of the same by sales, lease or otherwise. Grantor shall have the right
at any time prior to acquisition of title to a Building lot by a purchaser from Grantor to
grant, establish and/or reserve on that Building Lot additional licenses, reservations and
right-of-ways to Grantor, to utility companies, or to others as may from time to time be
reasonably necessary to the proper development and disposal of the Property. Grantor
may use any structures owned by Grantor on the Property as model home complexes or
real estate sales or leasing offices. The rights of Grantor hereunder may be assigned by
Granto"r to any successor,in interest in connection with Grantor's interest in any portion
of the Property.
4.14 Signs. Architectural Committee shall approve all signs in any given phase of the
subdivision during construction until 100% of that phase has been occupied. Grantor
reserves the right to place signs in common areas and rights-of-way where, when and
how it determines as appropriate and necessary until 100% of the entire subdivision has
been occupied. Once a phase is occupied, no sign of any kind shall be displayed to public
view without the written approval of the architectural committee except: (1) such signs as
may be used by Grantor in connection with the development of the Property and sale of C
Building Lots/Homes; (2) such signs identifying the Founders Square Subdivision, or -
informational signs, of customary and reasonable dimensions as prescribed by the
Architectural Committee that may be displayed on or from the Common Area; (3) one (1)
sign of customary and reasonable dimensions as prescribed by the Architectural
Committee may be displayed by an existing owner. A customary "for sale" or "for lease"
sign not more than three (3) feet by two (2) feet shall not require Architectural
Committee approval. No sign shall be placed in the Common Area without the written
approval of the Architectural Committee.
4.15 Homeowner's Fees and Dues. The Board of the Homeowners' Association shall
establish start-up fees and annual dues that may be amended from time to time. The
initial start-up fee shall be $300 per Building Lot collected at lot closing. The initial
annual dues shall be $300 per Building Lot.
4.16 Adoption of Rules. The Association, through its Board of Directors, may adopt
reasonable rules not inconsistent with this Declaration relating to the use of the Common
Areas and all facilities thereon, and the conduct of Owners, their tenants, and their guests
with respect to the Property and other Owners.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE )
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ARTICLE V: THE FOUNDERS SQUARE SUBDIVISION
HOMEOWNERS' ASSOCIATION INC.
5.1 Organization of The Founders Square Subdivision Homeowners' Association, Inc.
The Founders Square Subdivision Homeowners' Association, Inc. (the "Association")
shall be initially organized by Grantor as an Idaho non-profit corporation under the
provisions of the Idaho Code relating to general non-profit corporations and shall be
charged with the duties and invested with the powers prescribed by law and set forth in
the Articles, Bylaws and this Declaration. Neither the Articles nor the Bylaws shall be
amended or otherwise changed or interpreted so as to be inconsistent with this
Declaration.
5.2 Membership, Each Owner, by virtue of being an Owner and for so long as such
ownership is maintained, shall be a Member of the Association. The memberships in the
Association shall not be transferred, pledged, assigned or alienated in any way except
upon transfer of Owner's title and then only to the transferee of such title. Any attempt to
make a prohibited membership transfer shall be void and will not be reflected on the
books of the Association.
5.3 Voting. Voting in the Association shall be carried out by Members who shall cast
votes attributable to the building lots which they own, or in the case of the Grantor,
attributable to the Building Lots owned by the Grantor. The number of votes a Member
may cast on any issue is determined by the number of Building Lots which the Member,
including Grantor, owns. When more than one person holds an interest in any Building
Lot, all such persons shall be Members but shall share the vote attributable to the
Building Lot. For voting purposes, the Association shall have two (2) classes of Members
as described below:
5.3.1 Class A Members. Owners other than Grantor shall be known as Class
A Members. Each Class A Member shall be entitled to cast one (1) vote
for each Building Lot owned by such Class A member on the day of the
vote.
5.3.2 Class B Member. Grantor shall be known as the Class B Member, and
shall be entitled to ten (10) votes for each Building Lot owned by Grantor.
The Class B Member shall cease to be a voting member in the Association
on the happening of either of the following events, whichever occurs
earlier:
A) the Class B Member no longer owns a Building Lot or
B) ten (10) years after the date this Declaration is recorded in the
official records of Madison County, Idaho.
Fractional votes shall not be allowed. In the event that joint Owners are unable to
agree among themselves as to how their vote or votes shall be cast, they shall lose
their right to vote on the matter being put to a vote. When an Owner casts a vote,
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE
it will thereafter be presumed conclusively for all purposes that such Owner was l
acting with authority and consent of all joint Owners' of the Building Lot(s) from
which the vote derived. The right to vote may not be severed or separated from
the ownership of the Building Lot to which it is appurtenant, except that any
Owner may give a revocable proxy, or may assign such Owner's right to vote to a
lessee, mortgagee, beneficiary or contract purchaser of the Building Lot
concerned, for the term of the lease, mortgage, deed of trust or contract. Any sale,
transfer, or conveyance of such Building Lot to a new Owner shall operate
automatically to transfer the appurtenant voting right to the Owner, subject to any
assignment of the right to vote to a lessee, mortgagee, or beneficiary as provided
herein.
5.4 Board of Directors and Officers. The affairs of the Association shall be conducted
and managed by a Board of Directors (Board) and such officers as the Board may elect or
appoint, in accordance with the Articles and Bylaws, as the same may be amended from
time to time. The Board of the Association shall be elected in accordance with the
provisions set forth in the Association Bylaws.
5.5 Powers and Duty of the Association.
5.5.1 Powers. The Association shall have all the powers of a corporation
organized under the general corporation laws of the State of Idaho subject
only to such limitations upon the exercise of such powers as are expressly
set forth in the Articles, Bylaws, and this Declaration. The Association )
shall have the power to do any and all lawful things which may be
authorized, required or permitted to be done by the Association under
Idaho law and under this Declaration, and the Articles and Bylaws, and to
do and perform any and all acts which may be necessary to, proper for, or
incidental to the proper management and operation of the Common Areas
and the Association's other assets, including water rights when and if
received from Grantor, and affairs and the performance of the other
responsibilities herein assigned, including without limitation:
5.5.1.1 Assessments. The power to levy Assessments on any Owner or
any portion of the Property and to force payment of such
Assessments, all in accordance with the provisions of this
Declaration.
5.5.1.2 Right of Enforcement. The power and authority from time to time
in its own name, on its own behalf, or on behalf of any Owner who
consents thereto, to commence and maintain actions and suits to
restrain and enjoin or cure and breach or threatened breach of this
Declaration or the Articles or the Bylaws.
5.5.1.3 Suspend. The right of the Association to suspend any member's
voting right, for any period during which any assessments against
said Member's property remain unpaid, and for a period not to
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE
9
-1
exceed thirty (30) days for each infraction of its published rules and
regulations.
5.5.1.4 Delegation of Powers. The authority to delegate its power and
duties to committees, officers, employees, or to any person, firm, or
corporation to act as manager, and to contract for the maintenance,
repair, replacement, and operation of the Common Areas. Neither
the Association nor the members of its Board shall be liable for any
omission or improper exercise by the manager of any such duty or
power so delegated. All contracts for management of any Common
Area shall be for a term not exceeding one (1) year, and shall be
subject to review by the Board upon the termination of the Class B
Member.
5.5.1.5 Association Rules. The power to adopt, amend, and repeal by
majority vote of the Board such rules and regulations as the
Association deems reasonable. The Association shall govern the use
of the Common Areas, including, but not limited to, the use of private
streets by the Owners, their families, invitees, licensees, lessees, or
contract purchasers; provided, however, that any Association Rules
shall apply equally to all Owners and shall not be inconsistent with
this Declaration, the Articles, or the Bylaws. A copy of the
Association Rules as they may from time to time be adopted,
amended, or repealed, shall be mailed or otherwise delivered or made
\-- available via the internet to each Owner. Upon such mailing or
delivery or posting on the intemet, the Association Rules shall have
the same force and effect as if they were set forth in and were a part
of this Declaration. In the event of any conflict between such
Association Rules and any provisions of this Declaration, or the
Articles or the Bylaws, the provisions of the Association Rules shall
be deemed to be superseded by provisions of this Declaration, the
Articles, or the Bylaws to the extent of any such inconsistency.
5.5.1.6 Emergency Powers. The power, exercised by the Association or
by a person authorized by the Board, to enter upon any property (but
not inside any building constructed thereon) in the event of any
emergency involving illness or potential danger to life or property or
when necessary in connection with any maintenance or construction
for which the Association is responsible. Such entry shall be made
with as little inconvenience to the Owner as practicable and any
damage caused thereby shall be repaired by the Association.
5.5.1.7 Licenses, Easements, and Rights of Way. The power to grant
and convey to any third party such licenses, easements and rights-of-
way in, on or under the Common Areas as may be necessary or
/ appropriate for the orderly maintenance, preservation of the health,
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE
10
safety, convenience and the welfare of the Owners, for the purpose of
constructing, erecting, operating or maintaining the following:
5.5.1.7.1 Underground lines, cables, wires, conduits or other devices
for the transmission of electricity or electronic signals for
lighting, heating, power, telephone, television or other
purposes, and the above ground lighting stanchions, meters
and other facilities associated with the provisions of the
light and services, and
5.5.1.7.2 Public sewers, storm drains, water drains, and pipes, water
supply systems, sprinkler systems, heating and gas lines or
pipes, and any similar public or quasi -public improvements
or facilities.
5.5.1.7.3 Mailboxes and sidewalk abutments around such mailboxes
or any service facility, berm, fencing and landscaping on
common areas, public and private streets or land conveyed
for any public or quasi -public purpose.
5.5.2 Duties. In addition to duties necessary and proper to carry out the power
delegated to the Association by this Declaration, and the Articles and
Bylaws, without limiting the generality thereof, the Association or its agent,
if any, shall have the authority and the obligation to conduct all business
affairs of the Association and to perform, without limitation, each of the
following duties:
5.5.2.1 Operation and Maintenance of Common Areas. Operate,
maintain, and otherwise manage or provide for the operation,
maintenance and management of the Common Areas.
5.5.2.2 Maintenance of Berms, Retaining Walls and Fences.
Maintain any and all berms, retaining walls, and fences within the
Common Areas.
5.5.2.3 Reserve Account. Establish and fund a reserve account with a
reputable banking institution or savings and loan association or title
insurance company authorized to do business in the State of Idaho,
which reserve account shall be dedicated to the costs of repair,
replacement, maintenance and improvement of the Common Area.
5.5.2.4 Taxes and Assessments. Pay all real and personal property
taxes and assessments separately levied against the Common Areas
or against the Association and/or any other property owned by the
Association. Such taxes and assessments may be contested or
compromised by the Association, provided, however, that such taxes
and assessments are paid or a bond insuring payment is posted prior
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE -
11
to the sale or disposition of any property to satisfy the payment of
such taxes and assessments. In addition, the Association shall pay all
other federal, state or local taxes, including income or corporate taxes
levied against the Association, in the event that the Association is
denied the status of a tax exempt corporation.
5.5.2.5 Water and Other Utilities. Acquire, provide and/or pay for
water, sewer, garbage disposal, refuse and rubbish collection,
electrical, telephone, and gas and other necessary services for the
Common Area, and to manage for the benefit of the Association all
water rights to receive water held by the Association whether such
rights are evidenced by license, permit, claim, stock ownership or
otherwise.
5.5.2.6 Insurance. Obtain insurance from reputable insurance
companies authorized to do business in the State of Idaho, and
maintain in effect any insurance policy the Board deems necessary or
advisable, including, without limitation the following policies of
insurance:
5.5.2.6.1 Fire insurance including those risks embraced by
coverage of the type known as the broad form "All Risk" or
special extended coverage endorsement on a blanket agreed
Camount basis for the full insurable replacement value of all
improvements, equipment and fixtures located within the
Common Area.
5.5.2.6.2 Comprehensive public liability insurance insuring
the Board, the Association, Grantor and the individual
grantees and agent and employees of each of the foregoing
against any liability incident to the ownership and/or use of
the Common Area. Limits of liability of such coverage's
shall be as follows: Not less than One Million Dollars
($1,000,000) per person and One Million Dollars
($1,000,000) per occurrence with respect to personal injury
or death, and One Million Dollars ($1,000,000) per
occurrence with respect to property damage.
5.5.2.6.3 Full coverage directors' and officers' liability
insurance with a limit of at least Two Hundred Fifty
Thousand Dollars ($250,000).
5.5.2.6.4 Such other insurance, including motor vehicle
insurance and Workers' Compensation insurance, to the
extent necessary to comply with all applicable laws and
indemnity, faithful performance, fidelity and other bonds as
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE
12
the Board shall deem necessary or required to carry out the
Association functions or to insure the Association against
any loss from malfeasance or dishonesty of any employee
or other person charged with the management or possession
of any Association funds or other property.
5.5.2.6.5 The Association shall be deemed trustee of the
interests of all Owners in connection with any insurance
proceeds paid to the Association under such policies, and
shall have full power to receive such Owner's interests in
such proceeds and to deal therewith.
5.5.2.6.6 Insurance premiums for the above insurance
coverage shall be deemed a common expense to be
included in the Regular Assessments levied by the
Association.
5.5.2.7 Enforcement of Restrictions and Rules. Perform such other
acts, whether or not expressly authorized by this Declaration, as may be
reasonably advisable or necessary to enforce any of the provisions of the
Declaration, or of the Articles or Bylaws, including, without limitation,
recordation of any claim of lien with the Madison County Recorder, as
more fully provided herein.
5.6 Personal Liability. No Member of the Board, or member of any committee of
the Association, including the Architectural Committee, or any officer of the
Association, or Grantor, or the manager, if any, shall be personally liable to any
Owner, or to any other party, including the Association, for any damage, loss or
prejudice suffered or claimed on the account or any act, omission, error or
negligence of the Association, the Board, the manager, if any, or any other
representative or employee of the Association, Grantor, or any committee, or any
officer of the Association, or Grantor, provided that such person, upon the basis of
such information as may be possessed by such person, has acted in good faith
without willful or intentional misconduct.
5.7 Budgets and Financial Statements. Financial statements for the Association
shall be prepared regularly and copies shall be distributed to each Member of the
Association as follows:
5.7.1 Operating Statements. A pro -forma operating statement or budget,
for each fiscal year shall be distributed not less than sixty (60) days before the
beginning of each fiscal year. The operating statement shall include a schedule of
Assessments received and receivable, identified by the Building Lot number
and the name of the person or entity assigned.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE �-
13
5.7.2 Balance Sheet. Within thirty (30) days after the close of each fiscal
Year, the Association shall cause to be prepared a balance sheet as of the
last day of the Associations' fiscal year and the annual operating
statements reflecting the income and expenditures of the Association for
its last fiscal year. Copies of the balance sheet and operating statement
shall be distributed or made available via the internet to each Member
within ninety (90) days after the end of each fiscal year.
5.8 Meeting of Association. Each year the Association shall hold in addition to
any other meetings an annual meeting of the Members, according to the schedule
for such meetings established by the By-laws, provided, that such meeting shall
occur no earlier than February 15 and no later than March 31 each year. Only
Members shall be entitled to attend Association meetings, and all other persons
may be excluded. Notice for all Association meetings, regular, or special, shall be
given by regular mail, or by email if a Member provides an email address, to all
Members, and any person in possession of a Building Lot, not less than ten (10)
days nor more than thirty (30) days before the meeting and shall set forth the
place, date and hour of the meeting and the nature of the business to be
conducted. All meetings shall be held within the Property or as close thereto as
practical at a reasonable place selected by the Board. The presence at any meeting
in person of the Class B Member where there is such a member, and of the Class
A Members representing Owners holding at least thirty (30%) percent of the total
votes of all Class A Members, shall constitute a quorum. If any meeting cannot be
held because a quorum is not present, the Members present shall adjourn the
meeting to a time not less than ten (10) days nor more than thirty (3 0) days from
the time the original meeting was scheduled. A second meeting may be called as
the result of such an adjournment, provided notice is given as outlined above. At
any such meeting properly called, the presence of any Member shall constitute a
quorum.
ARTICLE VI: ARCHITECTURAL CONTROL
BASIC DESIGN CRITERIA
6.1 General Architectural Design
6.1.1 Introduction
The Founder's Square Subdivision is a collection of residential structures
organized on 36 acres of property located within the city limits of Rexburg,
Idaho. The overall conceptual theme for the development is an early
American organization and style radiating from what is commonly referred to
as "The Green" which is a dedicated open patch of lawn typically surrounded
by mature deciduous trees and meant to support organized community events
as well as a place for children to play. The following styles are the basic
foundations of early American residential design and are described to
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE
14
establish a baseline for form, space and order within the subdivision. The 1
following three eras of early American architectural history best typify design
from 1620-1820 and are a responsible reflection of the design the Grantor
wishes to achieve. Producing residences with these styles will provide a
subdivision with a rich fabric of design that will provide the resident a
desirable existence with enough variety to enable the opportunity to create an
individual sense of place and ownership.
-Early English Colonial Era- 1620-1700
-The Georgian Era- 1725-1775
-The Federal Era- 1780-1820
6.1.2 Early American Architecture - An Evolution
EARLY ENGLISH COLONIAL -1620-1700
The early colonies prevalent throughout the "New World" established
settlements or distinct vernacular enclaves based on the absolute need to
survive. These structures were often very simple and practical and devoid of
opulence. The very struggle to survive against the elements of nature reduced
the complexities of modern life as it may have existed in Europe. The styles
of residential architecture prevalent during this time period shared qualities of
post -medieval or late Elizabethan architecture present in England. Typically,
this style had steeply pitched roofs, small window openings, massive chimney C
stacks, sometimes rubble stone ender walls, and garrison or jetty overhangs at
the second floor construction. Roof overhangs were anywhere from 4 — 6
inches.
THE GEORGIAN ERA — 1725-1775
With the fruits of sacrifice and hard labor established by the original pilgrims
and the raw natural elements somewhat tamed, along with the continued
arrival of immigrants of means, a more cultivated class emerged which
required an increase in quality of amenities and culture in their domiciles.
The styling within this timeframe, for the most part, looked to retain and
reproduce the forms and art of the mother country, England. Whereas many
of the original design standards established during the reigns of Queen Anne,
George I, George II and III of England were almost entirely constructed of
stone or other masonry, details in America were freely modified by architects
to employ the use of wood.
Typically this style was rigidly symmetrical, windows were plentiful and a
larger, strong sense of entry was centrally placed on the front of the residence.
Window and door trim consisted of lavish multi -pieced buildup of profile.
Gable, hipped and gambrel roofs were prevalent with gable pediment and
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE
15
radiused dormers with windows. Roof overhangs were only large enough to
allow for decorative cornices.
THE FEDERAL ERA —1780 - 1820
This era represents a flourishing young America free from the reign and
control of England. With increased commerce and international business
trade, came a desire for architecture to reflect a more monumental role in
America's civic and governmental buildings. Stone and brick masonry was
more generally used and many of these styles were scaled down and employed
in the Residential Architecture of America's wealthy mercantile class.
Typically, brick was the material of choice although simple wood clapboards
were also used. The facades were simple 4 -square and boxlike. Window and
door trim were marked with refined trim adornments and window proportions
were taller than prior styling. Hipped roofs were common although some
gable and gambrel adaptations were employed. Application of Roman or
Greek ordered columns (Doric, Ionic, and Corinthian), engaged columns, and
pilasters were incorporated into entries and covered porches. Roof overhangs
where not a porch, were minimal as needed to cover a decorative cornice or
simple trim work.
6.2 Architectural Control
6.2.1. Architectural Committee. In order to protect the quality and value of
all homes built on the Property, and for the continued protection of the
Owner's thereof, an Architectural Committee, consisting of three (3) or
more members to be appointed by Grantor is hereby established. At such
time as the total number of Building Lots owned by Grantor has been sold,
then the membership of the Architectural Committee shall be
compromised of the Board of Directors of the Association. A two-thirds
(2/3) vote of the Architectural Committee is required for approval.
6.2.2 Approval by Committee. No Improvement shall be constructed,
erected or placed on any Building Lot, nor shall any exterior addition to or
change or alteration thereto be made, until the plans and specifications
showing the nature, kind, shape, height, materials, location of the same,
color, and such other detail as the Architectural Committee may require
shall have been submitted to and approved in writing by the Architectural
Committee. In the event the Architectural Committee fails to approve or
disapprove such plans, specifications and location within thirty (30) days
after said plans and specifications have been submitted to it in such form
as may be required by the Architectural Committee, approval will not be
required and this Article will be deemed to have been fully complied with.
6.2.3 Rules and Regulations. The Architectural Committee is hereby
empowered to adopt rules to govern its procedures, including such rules as
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE
16
the Architectural Committee may deem appropriate with regard to the
right of concerned parties to be heard on any matter before the
Architectural Committee. The Architectural Committee is further hereby
empowered to adopt such regulations as it shall deem appropriate,
consistent with the provisions of this Declaration, with regard to matters of
design, materials and aesthetic interest. Such rules, after adoption shall
have the same force and effect as if set forth in full herein.
6.2.4 Variances. The Architectural Committee has the authority to grant
variances to these design standards in accordance with the Master
Declaration.
6.2.5 Signage Restrictions. Only Architectural Committee designated
marketing company signage is allowed. All other signage must be
approved prior to placement including builder signs.
6.3 Submission
6.3.1 Prior to the commencement of any construction, plans, elevations, and a
site plan must be approved by the Architectural Committee. To obtain
such approval, Owners must submit to the Architectural Committee a set
of plans including floor plan, elevations of the house as viewed from the
street (including side street for corner lots), site plan, and a $300 plan
review fee.
6.3.2 The Architectural Committee shall review and render a decision on the
plans within thirty (30) days of the submittal of a complete set of plans.
6.3.3 Plans will be held until thirty (30) days following completion of the
construction.
6.4 Site Design Guidelines
The following guidelines are intended to create standards for the development
of each individual home site in order to maintain consistent integrity
throughout Founders Square and ensure that certain qualities are maintained.
6.4.1 Building Envelopes
Due to the small sizes of the lots within the Founder's Square
Development, building envelopes will be defined by way of setbacks
as follows:
6.4.1.1 Washington Boulevard. Front (street)-15'-0"min. and
20'-0" max., Side- 5'-0", Rear -15'-0".
6.4.1.2 Corner lots (roads on 2 sides). All street sides - 10'- 0"
min. and 20'- 0" max., Side - 5'- 0", Rear - 15'- 0".
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE
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6.4.1.3 All other lots. Front (street) - 10'- 0"min. and 20'- 0"
max., Side- 5'- 0", Rear- 15'- 0".
6.4.2 Encroachments on setbacks
6.4.2.1 Eaves, steps, chimneys, fences, low walls not to exceed three
(3) feet in height, patios at grade, built up gardens and flower
beds and other vegetation as well as driveways are allowed to
encroach into the setbacks established above but can not be
placed outside of the property line limits.
6.4.2.2 Driveways and vehicular queuing shall not be closer than 2'-6"
from any side setback as established above.
6.4.2.2.1 Should shared driveways be employed between
two (2) building lots, the driveway shall be no less than
10'0" in width and directly centered on the property
line of the two (2) building lots. Building setbacks
from the edge of the drive way easement that would be
created shall be 5'-0" minimum.
6.4.3 Building Site Placement
6.4.3.1 Placement. Location of each residence as they relate to the
street, sidewalk and neighboring structures is crucial. Proper
relationships to all neighboring components will ensure that a
transition from public spaces (sidewalks and roadways), semi-
public spaces (walks to front door, front yards and gardens,
side yards and common fences) to private outdoor areas
(covered front porches, front doors, back yards) are respected.
6.4.3.2 Accessory Structures. Accessory storage structures and
garages shall be organized and placed on site along with the
residence in order to provide a positive outdoor spatial
relationship and harmony so as to take advantage of sun
spaces, shade spaces, streetscape, social and private spaces, etc.
6.4.3.3 Duplication. No residential design or its mirrored twin shall
be duplicated within 4 lots of each other. This is to maintain a
visual variety as one moves up and down the street. Color
palettes will be closely monitored as well to ensure variety and
individuality from lot to lot.
6.5 Landscaping, Plant material and Gardens
6.5.1 Ground Cover. All home site property not otherwise occupied
by structure, driveway, patio, deck, garden, vegetation or other
impervious hard surface shall have grass sod covering the yard
between the house and street. The rear yard may be xeroscape or
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE
18
covered with an -alternative drought tolerant landscaping. No raw
earth with the exception of gardens not in season shall be permitted.
6.5.2 Irrigation. All landscaping and vegetation for entire property shall
be irrigated with fully automatic sprinkler systems. Drip irrigation
system is encouraged and shall be employed for tree irrigation.
6.5.2 Vegetation Requirements. Minimum vegetation requirements are as
follows:
6.5.2.1 Two 2" caliper deciduous trees in the front (street) yard.
6.5.2.2 One 1 ''/Z" caliper deciduous tree in the rear yard.
6.5.2.3 Four 5 gal. Shrubs or bushes in front (street) yard.
6.5.2.4 Grass sod at lawn areas between the house and the street.
6.5.2.5 Two 2" caliper deciduous trees in planter strip between
sidewalk and curb of street as per the Founder's Square
Landscape Master Plan.
6.5.2.6 Grass sod with adequate irrigation system in planter strip
between sidewalk and curb of street as per the Founder's
Square Landscape Master Plan. Each individual lot owner is
responsible for the maintenance of their respective planter
strip.
6.5.2.7 All corner lots must provide items e. and f. above on each
street side as per the Founder's Square Landscape Master Plan.
6.5.2.8 Additional flowerbeds, vegetable gardens, trees and shrubs are
encouraged but not required.
6.5.3 Timing of Landscaping. The entire lot must be landscaped prior
to occupancy or, in the event of weather, an amount equal to the cost
of the minimum landscaping requirements shall be deposited in an
escrow account with the closing agent until the landscaping work is
complete.
6.5.4 Landscape Plan. A landscaping plan must be submitted to and
approved by the Architectural Review Committee prior to
commencement of the landscape work.
6.5.5 Landscape Bond. The Building Lot owner shall post a bond with the
Architectural Committee to cover the cost of landscape materials and
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE
19
installation prior to obtaining approval of the house plans. The bond shall
be released upon installation of the landscaping materials. In no event
shall final landscaping occur any later than one year following occupancy.
Each Owner is responsible for irrigating and mowing all park -strips in the
rights-of-way that border such Owner's Building Lot.
6.6 Outdoor lighting
6.6.1 Minimal Fixtures. Outdoor lighting shall be incorporated on each
lot with discretion. The minimal amount of outdoor lighting fixtures
should be employed so as to not violate a neighbor's sense of privacy
and comfort.
6.6.2 Wall Mounted. A wall mounted sconce in the style appropriate
for the house shall be allowed at:
6.6.2.1 Each entry door to be switched from within the residence.
6.6.2.1.1 Two at front (street) entry door.
6.6.2.1.2 One at all other entry doors.
6.6.2.2 Above or along the side of a garage door to be activated by
way of a photo cell switch.
6.6.2.3 A single wall mounted fixture on an accessory storage unit
located next to the door to be switched from within the
residence.
6.6.2.4 In the event of a covered front porch that extends the width of
the front elevation, two more light fixtures may be permitted in
a balanced fashion in order to equally distribute light to all
usable surfaces.
6.6.3 Freestanding Light. A light bollard or freestanding luminaire shall
be located at the entry to the front walk off of the main sidewalk but
within the property lines to be activated by way of a photo cell switch.
6.6.3.1 The bollard of luminaire shall not exceed a maximum height of
6'-0" measured from finished grade.
6.6.3.2 Two 6'-0" max. high from finished grade, light bollard or
freestanding luminaire located at a rear yard patio or deck may
be provided to be switched from the residence.
6.6.3.3 No light fixture shall be mounted higher than 1'-0" above the
door that the light is servicing.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE
20
i
6.6.4 Shielding. All light fixtures shall have a semi -transparent or
translucent lens to cover the light source (bulb) to filter light and
reduce glare.
6.6.5 No Flood. No flood type lamps are permitted.
6.6.6 Holiday Lights. Exterior seasonal Holiday lighting is permitted
as long as it is provided in good taste and does not create a nuisance
for neighboring properties or a distraction to motorists.
6.7 Antenna, Satellite Dishes, other Transmitting or Receiving Devices
In the event that a homeowner requires a service needing a satellite dish or
any other type of transmitter or receiver device mounted on the exterior of a
structure on their property, the location of the device shall be on the sides or
back of the structure and not on the roof unless concealed with an
architectural device consistent with the style of the home. The dish shall not
be immediately apparent from the street and the property owner shall
investigate all options to reduce visual impact on the neighboring properties.
6.8 Address Markers
6.8.1 Each property shall have address markers permanently attached to
either the residence or light bollard and will be placed so that it shall
be illuminated by an already required exterior light.
6.8.2 The address markers shall be of a size, color and font required by the
City of Rexburg guidelines and restrictions.
6.9 Fencing
6.9.1 All fencing shall be of a stained, painted or otherwise treated cedar,
redwood or wrought iron material as is appropriate for the style of the
residence.
6.9.2 All fencing shall be located within the property of each lot.
6.9.3 Should neighbors wish to share a common fence, an agreement must
be signed and held at the office of the HOA where the fence may be
split between the two properties.
6.9.4 The maximum height of the fence is 6'-0" from the back face of the
residence back toward the rear property line and across the rear
property line. The maximum height of a fence from the back face of
the residence to the front property line and across the front property
line is Y-0".
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE
21
\ 6.9.5 A front gate is permitted with accompanying gate piers or gateposts as
appropriate to the style of the residence.
6.10 Site Cleaning
6.10.1 Debris. All builders and subcontractors must operate a clean
site with all debris cleaned daily. Builders and subcontractors shall not
allow garbage to blow to other sites.
6.10.2 Dogs, Noise. All Builders and subcontractors will make the best
efforts to be courteous to the current residences. Dogs shall be
under control and loud music prohibited during construction.
6.10.3 Portable Toilets. Portable toilets shall be provided by the
contractor during construction of all single-family structures.
6.10.4 Fines. Builders who do not comply with the provisions
addressing debris and portable toilets will be given a seven (7)
day written notice to bring the site into compliance. If the lot is
not brought into compliance during that seven (7) day period
builder will be subject to a fine equal to the cost of lot cleanup
plus $100.
6.10.5 Weeds. All owners of Building Lots shall control weeds on
their lot and properly deposing of them.
6.11 Architectural Design Guidelines
The following architectural design guidelines are meant to establish a design
direction that will translate beyond the initial construction of the residences
and be continued for future additions and remodels of residential living units
over time. Clarity in design theory and implementation are key to the
continued success of any subdivision.
6.11.1 Description of Use
6.11.1.1 Single Family Only. All building structures are to be
exclusively designed, developed and constructed for single
family residential purposes. Accessory residential units,
whether attached or detached are prohibited.
6.11.1.2 Single Family Required. No residential building lot shall
be improved that does not incorporate a single family residence
or necessary support structures as outlined within these design
guidelines.
6.11.1.3 New Construction. All construction within a building lot
shall be of new construction. No modular home construction,
relocation of existing homes or structures shall be permitted.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE
22
6.11.2 Scope and Scale of the Residence
6.11.2.1 Minimum Size Single Story. No single family
residential structure shall have an enclosed floor area of less
than 1,000 s.f. as measured from the outside faces of the
building for a single level residence excluding any basement
square footage.
6.11.2.2 Minimum Size Multiple Story. For residences of 2 stories
or more, a minimum of 700 s.f. on the first floor and a
minimum of 1,200 s.f. for all floors combined as measured
from outside faces of building excluding any basement square
footage.
6.11.2.3 Third Story. If a third story is desired, all living space is to be
occupied within the roof structure or geometry and required to
provide egress windows as a minimum by way of dormers
appropriate to the style of the home.
6.11.2.4 Height. Height of a residential structure shall not exceed
30'-0" as measured at the eve of the building. Chimneys and
other architectural projections such as ventilation monitors or
ridge vents that are not considered habitable shall not be
limited to this restriction.
6.11.2.5 Materials. Exterior materials shall be limited to those
consistent with the architectural style incorporated in the home.
Rough stone veneer, cut stone veneer, brick veneer, wood
shingle siding, horizontal wood clapboard siding, vertical wood
ship -lapped siding are all appropriate siding treatments. No
vinyl or metal siding, fascia or soffit material shall be
permitted.
6.11.2.6 Fascia. All fascia at eaves and rakes to be a minimum of
6" in depth.
6.11.2.7 Soffits. All soffits shall be boxed and returned back to
building. Detailing shall be consistent with the style of the
residence.
6.11.2.8 Trim. All window and door trim packages shall be of a multi -
piece, stepped or built up profile consistent with the style of the
residence. Emphasis should be given to the main entry to the
residence.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE
23
6.11.2.9 No Split Entry, No split entry, split level or tri -level
homes will be approved.
6.11.2.10 Roof Pitch. Roof pitches shall be a minimum of 6" rise in
12" run.
6.11.2.10.1 Materials. Roofing materials shall be wood
shingle or shake, or natural slate, or synthetic
slate, or asphalt composition shingle.
6.11.2.10.2 Warranty. Any roof system should provide
a 25 year minimum warranty.
6.11.2.10.3 Colors. Roofing colors are limited to
natural weathered wood, black, grey or brown.
6.11.2.11 First Floor Elevation. The first floor level is to be
established 2'-6" above the elevation of the public sidewalk
located next to the street.
6.11.2.12 Basements. Basements are permitted where appropriate.
The owner is to verify that the topography, ground water, soil
conditions, etc., will allow for subsurface excavation and safe
habitation.
6.11.2.12.1 Codes. Basements are to conform to local
residential codes as they apply to egress, natural
light, ventilation, etc.
6.11.2.12.2 Unfinished. Basement square footages do not
have to be finished space.
6.11.3 Scope and Scale of Garages
6.11.3.1 Permitted. One garage structure for the storage of vehicles,
etc. shall be permitted on each building lot. They may be
either attached or detached from the residence.
6.11.3.1.1 Connection. In the event that a detached
garage is to be connected to the main house, a
covered walkway, trellis, arcade, breezeway,
hyphen or other architectural device may be
incorporated.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE
24
1
6.11.3.2 Minimum Size. Garages must be a
minimum 22'-0"x 22'-0" for (484) s.f. as
measured from the outside faces of the building.
6.11.3.3 Two Cars. Garages are to be designed to accommodate two
(2) full sized cars with a single overhead panel door 9'0"w x
8'0"h (min.) for each car. 10'-0"w x 8'-0"h doors are
preferred.
6.11.3.4 Setback. Garages may be either attached to the residence
or detached but must be set back from the front (street)
property line by 30'-0"min. In general, garages are preferred
to be located at the back of the property behind the house.
6.11.:.c4.1 In the event that the garage -is accessed from a
street other than that which is addressed by the
front of the house i.e., a corner lot where the
garage appears to be side accessed, the setback
may be reduced to 20'-0".
6.11.3.5 Height. Garages are to be in reasonable proportion to the
residential structure. The maximum height of a garage )
whether attached or detached shall not exceed 20'-0" as
measured from finished grade to the highest part of the roof
structure.
6.11.3.6 Materials. All materials are to be consistent with the style
of the home and use appropriate details as to match with the
residence.
6.11.4 Scope and Scale of Accessory Storage Structures
6.11.4.1 Permitted. One storage structure to be utilized for the
storage of garden equipment, tractors, lawn mowers, snow
blowers, etc., shall be permitted on the property within the
setback requirements outlined within the design guidelines.
No storage structure shall be in the front (street) portion of the
lot and shall be screened appropriately from view from the
public sidewalks or street.
6.11.4.2 Size. Storage structures are to be a maximum of 10'-0"x 15'-
0" or (150) s.f. of floor area on the ground floor. Additional
storage in the roof structure can be added.
6.11.4.3 Built On Site. No pre -manufactured, mobile or other
wise modular units will be permitted. The structure is to be
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE
25
built on site and employ design standards consistent with the
residence.
6.11.4.4 No Panel Doors. No overhead garage panel doors are
permitted, but double swinging doors or sliding panel doors as
well as man doors are permitted.
6.11.4.5 Rear Yard. Storage structures are to be free standing and
located at the rear portion of the property and arranged such
that it adds to the overall composition of structure on the
building lot.
6.11.4.6 Screened. Storage structures should be reasonably
screened from view of the neighboring properties by any
combination of structures, vegetation and trees, or fencing.
6.11.4.7 Height. The maximum height restriction for any storage
structure is 10'-0" as measured from the finished grade to the
highest part of the roof structure.
6.11.4.8 Materials. All materials are to be consistent with the style
of the home and use appropriate details as to match with the
residence.
ARTICLE VII: RIGHTS TO COMMON AREAS
7.1 Use of Common Area. Every Owner shall have a right to use each parcel of
the Common Area, which right shall be appurtenant to and shall pass with the title
to every Building Lot, subject to the following provisions:
7.1.1 Assessment. The right of the Association holding or controlling the
Common Areas to levy and increase Assessments;
7.1.2 Suspend Rights. The right of the Association to suspend the right to
use, or interest in, Common Areas by an Owner for any period during
which any Assessment or charge against such Owner's building lot
remains unpaid;
7.1.3 Transfer. The right of the association to dedicate or transfer all or any
part of the Common Areas to any public agency, authority or utility for
such purposes and subject to such conditions as may be permitted by the
Articles and Bylaws and agreed to by the Members. No dedication or
transfer of said Common Area shall be effective unless an instrument
agreeing to such dedication or transfer signed by members representing
two-thirds (2/3) of each class of Members has been recorded;
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE
26
7.1.4 Prohibit Structures. The right of the Association to prohibit the
construction of structures or Improvements on the Common Area;
7.1.5 Publish Rules. The right of the Association to publish reasonable
rules and regulations governing the use of the Common Area.
7.2 Designated of Common Area. Grantor shall designate and reserve the
Common Area in this Declaration, and/or recorded Plats, deeds or other
instruments and/or as otherwise provided herein.
7.3 Delegation of Rights to Use. Any Owner may delegate, in accordance
with the respective Bylaws of the Association such Owner's right of enjoyment to
the Common area, to the members of such Owner's family residence, and such
Qwner's,tenants or contact purchasers who reside on such Owner's Building Lot.
7.4 Damages. Each Owner shall be fully liable for any damage to any Common
area which may be sustained by reason of the negligence or willful misconduct of
the Owner, such Owner's resident tenant or contract purchaser, or such Owner's
family guests, both minor and adult. In the case of a joint ownership of a Building
Lot, the liability of such Owner's shall be joint and several. The cost of correcting
such damage shall be a Limited Assessment against the Building Lot and may be
collected as provided herein for the collection of other Assessments. No Owner
shall be liable for any amounts greater that is legally allowable under Idaho law. .
ARTICLE VIII: ASSESSMENTS
8.1 Covenant to pay Assessments. By acceptance of a deed to any Building Lot
or other Property on The Founders Square Subdivision, each Owner of such
property hereby covenants and agrees (whether or not it is expressed in the deed)
to pay when due all Assessments or charges made by the Association, including
all Regular, Special, and Limited Assessments and charges made against such
Owner pursuant to the provisions of this Declaration or other applicable
instrument.
8.1.1 Assessment Constitutes Lien. All charges and reasonable
attorney's fees which may be incurred in collecting the same shall be a charge
and continuing lien upon the Building Lot(s) owned by the Owner who is
obligated to the Association for such Assessments or charges.
8.1.2 Assessment is Personal Obligation. Each such Assessment,
together with interest, costs and reasonable attorney's fees shall also be the
personal obligation of the Owner of the particular Building Lot(s) against
which such Assessment is made beginning with the time when the Assessment
falls due.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE --
27
8.2 Regular Assessments. All owners, including Grantor for any Building Lots
owned by Grantor are obligated to pay Regular Assessments to the treasurer of
the Association on a schedule of payments established by the Board.
8.2.1 Purpose of Regular Assessments. The proceeds from Regular
Assessments are to be used to pay for all costs and expenses incurred by the
Association, including legal and attorney fees, for the conduct of its affairs,
including without limitation the costs and expenses of construction, improvement,
protection, maintenance, repair, management, and operation of the Common Area,
including all improvements located on such areas owned and/or managed and
maintained by the Association, and an amount allocated to an adequate reserve
fund to be used for repairs, replacement, maintenance and improvement of those
elements of the Common Area, or other property of the Association that must be
replaced and maintained on a regular basis (collectively "Expenses").
8.2.2 Computation of Regular Assessments. The Association shall
compute the amount of its Expenses on an annual basis. The Board shall
compute the amount of Regular Assessments owed beginning the first day of
the third month following the month in which the closing of the first sale of a
Building Lot occurred in The Founders Square Subdivision for the purposes
of the Associations Regular Assessment ("Initiation Date"). Thereafter, the
computation of Regular Assessments shall take place not less than thirty (30)
days or more than sixty (60) days before the beginning of each fiscal year of
an Association. The computation of the Regular Assessment for the period
from the Initiation date until the beginning of the next fiscal year shall be pro-
rated to fairly reflect the fact that such period was less than one year.
8.2.3 Amounts Paid by Owners. The Board can require, in its discretion or as
provided in the Articles or Bylaws, payment of Regular Assessments in monthly,
quarterly, semi-annual or annual installments. The Regular Assessment to be paid
by any particular Owner, including Grantor, for any given fiscal year shall be
computed by multiplying the associations' total advance estimate of Expenses by
the fraction produced by dividing the Building Lots attributable to the Owner by
the total number of Building Lots in the Property.
8.3 Special Assessments.
8.3.1 Purpose and Procedure. In the event that the Board shall determine
that its respective Regular Assessment for a given calendar year is or will be
inadequate to meet the Expenses of the Association for any reason, including but
not limited to cost of construction, reconstruction, unexpected repairs or
replacement of capital improvements upon the Common Area, attorney's fees
and/or litigation costs, other professional fees, or for any other reason, the board
thereof shall determine the approximate amount necessary to defray such
Expenses and levy a Special Assessment against the portions of the Property
within its jurisdiction which shall be computed in the same manner as Regular
Assessments. No Special Assessments shall be levied which exceeds twenty
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE
28
percent (20%) of the budgeted gross Expenses of the Association for that fiscal
year, without the vote or written assent of the Owners representing a majority of
the votes of the Members of the Association. The Board shall, in its discretion,
determine the schedule under which such Special Assessment shall be paid.
8.3.2 Consistent Basis of Assessment. Every Special Assessment levied by
and for the Association shall be levied and paid upon the same basis as that
prescribed for the levying and payment of Regular Assessments for such
Association.
8.4 Limited Assessments. Not withstanding the above provisions with respect
to Regular and Special Assessments, a Board may levy a Limited Assessment
against an Owner as a remedy to reimburse the Association for costs incurred in
bringing the Owner and/or such Owner's Building Lot(s) into compliance with
the provisions of the Articles, Bylaws, this Declaration, and other governing
instruments for The Founders Square Subdivision.
8.5 Uniform Rate of Assessment. Unless otherwise specifically provided
herein, Regular and Special Assessments shall be fixed at a uniform rate per
Building Lot for all Members of the Association.
8.6 Assessment Period. Unless otherwise provided in the Articles or Bylaws, the
Assessment Period shall commence on April 1 of each year and terminate March
31 of the following year. The first Assessment shall be pro -rated according to the i
number of months remaining from the Initiation Date to the fiscal year and shall (\
be payable in equal monthly or quarterly installments, as determined by the board,
as per paragraph 8.2.3 above.
8.7 Notice and Assessment Due Date. Ten (10) days prior written notice of
Regular, Limited, and Special Assessments shall be sent to the Owner of every
Building Lot subject thereto, and to any person in possession of such Building lot.
The due dates for Installment payments of Regular assessments, Limited
Assessments, and Special Assessments shall be the fust day of each month unless
some other due date is established by the Board. Each monthly installment of the
Regular Assessment, Limited Assessment or Special Assessment shall become
delinquent if not paid within ten (10) days after the levy thereof. There shall
accrue with each delinquent installment payment a late charge equal to ten percent
(10%) of the delinquent installment. In addition, each installment payment which
is delinquent for more than twenty (20) days shall accrue interest at eighteen
percent (18%) per annual calculated from the date of delinquency to and including
the date full payment is received by the Association. The Association may
foreclose the lien against such Owner's Building Lot as more fully provided
herein. Each Owner is also personally liable for Assessments, together with
interest, costs and attorney's fees, and no Owner may exempt such Owner from
such liability by a waiver of the use of enjoyment of the Common Area, or by
lease or abandonment of such Owner's Building Lot.
8.8 Estoppel Certificate. The Association, upon at least twenty (20) days
prior written request, shall execute, acknowledge and deliver to the party making
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE
29
�. such request, a statement in writing stating whether or not, to the knowledge of
the Association, a particular Building Lot Owner is in default under the provisions
of this Declaration, and further stating the dates to which any Assessments have
been paid by the Owner. Any such certificate delivered pursuant to this paragraph
8.8 may be relied upon by any prospective purchaser or mortgagee of the Owner's
Building Lot. Reliance on such Certificate may not extend to any default as to
which the signor shall have had no actual knowledge.
8.9 Special Notice and Quorum Requirements. Not withstanding anything to
the contrary contained in either the Bylaws or the Articles, written notice of any
meeting called for the purpose of levying a Special Assessment, or for the purpose
of obtaining a membership vote in connection with an increase in the Regular
Assessment, shall be sent to all members of the Association and to any person in
possession of a Building Lot, not less than fifteen (15) days nor more than thirty
(30) days before such meeting. At such meeting called, the presence of Members
or of proxies entitled to cast thirty percent (30%) of the total votes of the
Association shall constitute a quorum.
ARTICLE IX: ENFORCEMENT OF ASSESSMENTS; LIENS
9.1 Right to Enforce. The Association has the right to collect and enforce its
Assessments pursuant to the provisions hereof. Each Owner of a Building Lot,
upon becoming an owner of such Building Lot, shall be deemed to covenant and
agree to pay each and every Assessment provided for in this Declaration and
agrees to the enforcement of all Assessments in the manner herein specified. In
the event an attorney or attorneys are employed for the collection of any
Assessment, whether by suit or otherwise, or to enforce compliance with or
specific performance of the terms and conditions of this Declaration, each Owner
agrees to pay reasonable attorney's fees in addition to any other relief or remedy
obtained against such Owner. The board or its authorized representatives may
enforce the obligations of the Owner to pay such Assessments by commencement
and maintenance of a suit at law or in equity, or the Board may exercise the power
of foreclosure and sale pursuant to paragraph 9.3 to foreclose the liens created
hereby. A suit to recover a money judgment for an unpaid Assessment shall be
maintainable without foreclosing or waiving the lien hereinafter provided.
9.2 Assessment Liens.
9.2.1 Creation. There is hereby created a claim of lien with power of sale
on each and every Building Lot to secure payment of any and all
Assessments levied against the Owner and his/her Building Lot(s)
pursuant to this Declaration together with interest thereon at the maximum
rate permitted by law and all costs of collection which may be paid or
incurred by the Association marking the Assessment in connection
therewith, including reasonable attorney's fees. All sums assessed in
accordance with the provisions of this Declaration shall constitute a lien
�'- DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE
30
on such respective Building Lots upon recordation of a claim of lien with
the Madison County, Idaho Recorder. To the extent permitted by law, such
lien shall be prior and superior to all other liens or claims created
subsequent to the recordation of the notice of delinquency and claim of
lien except for tax liens for real property taxes on any Building Lot and
Assessments on any Building Lot in favor of any municipal or other
governmental assessing body which, by law, would be superior thereto.
9.2.2 Claim of Lien. Upon default of any Owner in the payment of any
Regular, Special, or Limited Assessment issued hereunder, the
Association may cause to be recorded in the office of the Madison County
Recorded claim of lien. The claim of lien shall state the amount if such
delinquent sums and other authorized charges (including the cost of
recording such notice), a sufficient description of the Building Lot(s)
against which the same have been assessed, and the name of the record
Owner thereof. Each delinquency shall constitute a separate basis for a
notice and claim of lien, but any number of defaults may be included
within a single notice and claim of lien. Upon payment to the Association
of such delinquent sums and charges in connection therewith or other
satisfaction thereof, the Association shall cause to be recorded a further
notice stating the satisfaction of relief of such delinquent sums and
charges. The Association may demand and receive the cost of preparing
and recording such release before recording time.
9.3 Method of Foreclosure. Such lien may be foreclosed by appropriate action
in court by a non judicial power of sale by the Association, its attorney's or other
person authorized to make the sale. Such non judicial power of sale shall be
conducted in accordance with the provisions of the Idaho Code applicable to the
exercise of powers of sale permitted by law. The Board is hereby authorized to
appoint its attorney, any officer r director of the Association, or any Title
Company authorized to do business in Idaho as trustee for the purpose of
conducting such non judicial power of sale or foreclosure.
9.4 Required Notice. Not withstanding anything contained in this Declaration to
the contrary, no action may be brought to foreclosure the lien created by
recordation of the notice of delinquency and claim of lien, whether judicially, by
power of sale or otherwise, until the expiration of thirty (30) days after a copy of
such claim lien has been deposited in the United States mail, certified or
registered, postage prepaid, to the Owner of the Building Lot(s) described in such
notice of delinquency and claim of lien, and to the person in possession of such
Building Lot(s), and a copy thereof is recorded by the Association in the Office of
Madison County Recorder.
9.5 Subordinate of Liens to Certain Deeds of Trust and/or Mortgages. The
lien securing Assessments provided for herein shall be subordinate to the lien of
any first mortgage or deed of trust given and made in good faith and for value that
is of record as an encumbrance against such Building Lot prior to the recordation
of a claim of lien for the Assessments.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE
31
9.6 Duration of Lien. The sale or transfer of any Building Lot shall not affect the
Assessment lien; however, the sale or transfer of any Building Lot pursuant to
foreclosure or a senior mortgage, deed of trust, or other lien shall extinguish the
lien of such Assessment as to payments which became due prior to such
foreclosure sale. However, such foreclosure shall not affect the personal liability
of the Owner for such Assessments. In addition, no sale or transfer shall relieve
such Building Lot from liability, or the lien to secure the same, for any
Assessment becoming due after the foreclosure sale.
9.7 Rights of Beneficiaries and Mortgagees. Notwithstanding any other provision
of this Declaration, no amendment of this Declaration shall operate to defeat the
rights of the Beneficiary under any deed of trust or the Mortgagee under any
mortgage upon a Building Lot made in good faith and for value, and recorded
prior to the recordation of such amendment, provided that after the foreclosure of
any such deed of trustor mortgage such Building Lot shall remain subject to this
Declaration as amended.
ARTICLE X: EASEMENTS
10.1 Easements of Encroachment. There shall be reciprocal easements of
encroachment between each Building Lot and such portions of the Common Area
adjacent thereto when necessitated due to the settling or shifting of Improvements
included but not limited to structures, walkways, bike paths, sidewalks and
driveways constructed, reconstructed, or altered thereon in accordance with the
terms of this Declaration. Easements of encroachment shall be valid only so long
as the encroachment exists, and the rights and obligations of Owners shall not be
altered in any way because of encroachments, settling or shifting of the
Improvements; provided, however, that in no event shall a valid easement for
encroachments occur due to willful act or acts of an Owner. In the event a
structure on any Building Lot is partially or totally destroyed, and then repaired or
rebuilt, the Owner of each Building Lot agree that minor encroachment may be
reconstructed pursuant to the easement granted by this paragraph 10.1
10.2 Easements for Access. Grantor expressly reserves for the benefit of all the
Property reciprocal easements of access, ingress and egress for all owners to and
from their respective Building Lots for installation and repair of utility services,
for drainage of water, over across and upon adjacent Building Lots or Common
Area, resulting from the normal use of adjoining Building Lots, and common
Area, and for necessary maintenance and repair of any Improvement including,
fencing, retaining walls, lighting facilities, mailboxes and sidewalk abutments,
trees and landscaping, Such easements may be used by Grantor, and by all
Owners, their guest, tenants and invitees, residing on or temporarily visiting the
Property, for pedestrian walkways, vehicular access and such other purposes
reasonably necessary for the use and enjoyment of a Building Lot or Common
Area.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE
32
10.3 Drainage and Utility Easements. Not withstanding anything expressly or
implied contained herein to the contrary, this Declaration shall be subject to all
easements heretofore or hereafter granted by Grantor for the installation and
maintenance of utilities and drainage facilities that are required for the
development of the Property. In addition, Grantor hereby reserves for the benefit
of the Association the right to grant additional easements as necessary or
expedient for the proper development of the Property until close of escrow for the
sale of the last Building Lot in the Property to a purchaser.
10.3.1 Improvement of Drainage and Utility Easement Areas. The Owners of
Building Lots are hereby restricted and enjoined from constructing any
improvements upon any drainage or utility easements shown on the Plat of The
Founders Square Subdivision or otherwise designated in any recorded document
which would interfere with or prevent the easement from being used for such
purpose; provided, that any damage sustained to Improvements on the easement
areas a result legitimate use of the easement area shall be the sole and exclusive
obligation of the Owner of the building lot whose Improvements were so
damaged.
10.4 Rights and Duties Concerning Utility Easements. The rights and duties of the
Owners of the Building Lots within the Property with respect to utilities shall be
governed by the following:
10.4.1 Wherever utility connections are installed within the Property, which
connections or any portions thereof lie in or upon Building Lots owned by
an Owner other than the Owner of the Building Lot served by the
connections, the Owner of the Building Lot served by the connections
shall have the right, and is hereby granted an easement to the full extent
necessary therefore, to enter upon any Building Lot or to have their agent
enter upon any building lot within the Property in or upon which said
connections lie, to repair, replace and generally maintain the connections
as and when it may be necessary.
10.4.2 Whenever utility house connections are installed within the Property,
which connections serve more than one Building Lot, the Owner of each
Building Lot served by the connections shall be entitled to full use and
enjoyment of such portions of said connections as service such Owner's
Building Lot.
10.5 Driveway Easements. Whenever a driveway is installed to serve more than
one Building Lot, the Owner of each Building Lot served by such driveway shall
be entitled to full use and enjoyment of the shared driveway as required to service
the Owner's Building Lot or to repair, replace or maintain such driveway.
10.6 Disputes as to Sharing of Costs. In the event of a dispute between Owners
with respect to the repair or rebuilding of utility connections or driveways, or with
r
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE
33
r �
respect to the cost therefore, upon written request of one of such owners
addressed to the Association, the matter shall be submitted to the Board which
shall decide the dispute, and if appropriate, make an appropriate Assessment
against any or all of the Owners involved on behalf of the prevailing Owner(s),
which assessment shall be collected and enforced in the manner provided by this
Declaration for Limited Assessments.
ARTICLE XI: MISCELLANEOUS
11.1 Term. The easements created hereunder shall be perpetual, subject only to
extinguishment by the holders of such easements as provided by law. The
covenants, conditions, restrictions and equitable servitudes of this Declaration
shall run until December 31, 2016, unless amended as herein provided. After
December 31, 2016, such covenants, conditions and restrictions shall be
automatically extended for successive ten (10) year terms each, unless amended
or extinguished by a written instrument executed by Members holding at least
three-fourths (3/4) of the voting power of the Association and such written
instrument is recorded with the Madison County Recorder.
11.2 Amendments.
11.2.1 By Grantor. Except as provided in paragraph 12.2.3 below, until the
recordation of the first deed to a Building Lot in the Property, the
provisions of this Declaration may be amended, modified, clarified,
supplemented, added to (collectively "amendment") or terminated by
Grantor by recordation of a written instrument setting forth such
amendment or termination.
11.2.2 By Owners. Except where a greater percentage is required by express
provision in the Declaration, any amendment to the provisions of the
Declaration, other than this Article XI, shall be by an instrument in writing
signed and acknowledged by the president and secretary of the
Association certifying and attesting that such amendment has been
approved by the vote or written consent of Owner's representing more
than fifty percent (50%) of the votes in the Association, and such
amendment shall be effective upon its recordation with the Madison
County Recorder. Any amendment to this Article XI shall require the vote
or written consent of Members holding seventy-five percent (75%) of the
voting power of the Association.
11.2.3 Effect of Amendment. Any amendment of this Declaration
approved in the manner specified above shall be binding on and effective
as to all Owners and their respective properties notwithstanding that such
owners may not have voted for or consented to such amendment. Such
amendments may add to and increase the covenants conditions,
restrictions and easements applicable to the Property.
SEE PARAGRAPH 9.7.
�- DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE _
34
11.4 Notices. Except as otherwise specifically provided herein, any notices
permitted or required to be delivered as provided herein shall be in writing and
may be delivered either personally or by mail. If delivery is made by mail, it shall
be deemed to have been delivered seventy-two (72) hours after the same has been
deposited in the United States mail, postage prepaid, addressed to any person at
the address given by such person to the Association for the purpose of service of
such notice, or to the residence of such person if no address has been given to the
Association. Such address may be changed from time to time by notice in
writing to the Association, as provided in this paragraph 11.4.
11.5 Enforcement and Non -Waiver.
11.5.1 Right of Enforcement. Except as otherwise provided herein, any
Owner of any Building Lot, or the Association, shall have the right to
enforce any or all of the provisions hereof against any property within the
Property and Owners thereof.
11.5.2 Violations and Nuisances. The failure of any Owner of a Building Lot
to comply with any provision hereof, or with any provision of the Articles
or Bylaws of the Association, is hereby declared a nuisance and will give
rise to a cause of action in Grantor, the Association, or any Owner
Building Lot(s) within the property for recovery of damages or for
negative or affirmative injunctive relief or both. However, any other
provision to the contrary notwithstanding, only Grantor, the Association,
the Board, or a duly authorized agent of any of them, may enforce by self-
help any of the provisions hereof only if such self-help is preceded by
reasonable notice to the Owner. The costs incurred in such self-help
remedy may be assessed to the owner of the Building Lot that is found in
violation by the Grantor of Board.
11.5.3 Violation of Law. Any violation of any state, municipal, or local law,
ordinance or regulation pertaining to the ownership, occupation or use of
any property within the Property is hereby declared to be a violation of the
Declaration and subject to any or all of the enforcement procedures set
forth in this Declaration and any or all enforcement procedures in law and
equity.
11.5.4 Remedies Cumulative. Each remedy provided herein is
cumulative and not exclusive.
11.5.5 Non -Waiver. The failure to enforce any of the provisions herein at any
time shall not constitute a waiver of the right to enforce any such
provision.
11.6 Interpretation. The provisions of this Declaration shall be liberally
construed to effectuate its purpose of creating a uniform plan for the development
and operation of the Property. This Declaration shall be construed and governed
under the laws of the State of Idaho.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE
35
C
C
1
l 11.6.1 Restrictions Construed Together. All of the provisions hereof shall be
liberally construed together to promote and effectuate the fundamental
concepts of the development of the Property as set forth in the recitals of
this Declaration.
11.6.2 Restrictions Severable. Notwithstanding the provisions of the
foregoing paragraph 11.6.1, each of the provisions of this Declaration
shall be deemed independent and severable, and the invalidity of any
provision or portion thereof shall not affect the validity or enforceability
of any other provision herein.
11.6.3 Singular Includes Plural. Unless the context requires a contrary
construction, the singular shall include the plural and the plural the
singular, and the masculine, feminine or neuter shall each
including the masculine, feminine and neuter.
11.6.4 Captions. All captions and titles used in this Declaration are intended
solely for convenience or reference and shall not affect that which is set
forth on any of the provisions hereof.
11.7 Successors and Assigns. All references herein to Grantor, Owners, the
Association or person shall be construed to include all successors, assigns,
partners and authorized agents of such Grantor, Owners, Association or person.
11.8 Annexation. Additional real property may be annexed to the Property and
brought within the provisions of the Declaration by the Grantor, its successors or
assigns, at anytime and from time -to -time without the approval of any Owner or
the Association while Grantor is still a Class B Member. As such annexed real
property is developed, Grantor shall record an approved subdivision plat of the
property with the Madison County Recorder , and a supplemental Declaration
with respect thereto which shall annex such property contained on the approved
plat, and which may supplement the Declaration with additional or different
covenants, conditions, restrictions, reservations, and easements as Grantor may
deem appropriate therefore, and may delete or modify as to such annexed real
property, so long as the quality of development of the Property is not materially
adversely affected thereby. The Board shall have the right to annex additional real
property to the Property upon approval by vote or written consent of all Members
entitled to vote of not less than two-thirds (2/3) of the voting power of both
classes of Members by follow the above-described platting and recording
procedure.
11.9 Severability. Invalidation of any one of these covenants or restrictions by
judgment or court order shall in no way affect any other provision, which shall
remain in full force and effect.
11.10 No Trespass. Any action by the Association or its agents authorized by this
Declaration upon or in relation to any Owner's Building Lot(s) shall be deemed
authorized and consensual, and the Owner shall be deemed to have waived any
claims for trespass or unlawful entry upon the Building Lot(s).
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE
36
Homeowners Association Bylaws
BYLAWS
OF
FOUNDERS SQUARE HOMEOWNERS
ASSOCIATION, INC.
DOCUMENT V.B.3
BOI MM586963.1
(� Table of Contents
Page
ARTICLE I - GENERAL PLAN OF OWNERSHIP................................................................................................... 1
ARTICLE 2 - MEMBERS, VOTING, MAJORITY OF DELEGATES, QUORUM, PROXIES ................................1
ARTICLE3 - ADMINISTRATION............................................................................................................................. 2
ARTICLE4 - BOARD OF DIRECTORS.................................................................................................................... 4
ARTICLE5 - OFFICERS............................................................................................................................................. 8
ARTICLE 6 - OBLIGATIONS OF MEMBERS........................................................................................................ 10
ARTICLE 7 - AMENDMENTS TO BYLAWS......................................................................................................... 11
ARTICLE8 - MEANING OF TERMS...................................................................................................................... 11
ARTICLE 9 - CONFLICTING PROVISIONS.......................................................................................................... 11
ARTICLE 10 - INDEMNIFICATION AND INSURANCE . ............................... ...................:.................................. I 1
ARTICLE11 - MISCELLANEOUS.......................................................................................................................... 13
1 DOCUMENT V.B.3
BOI MM:586963.1
BYLAWS
OF
FOUNDERS SQUARE HOMEOWNERS ASSOCIATION, INC.
ARTICLE 1- GENERAL PLAN OF OWNERSHIP
Section 1.1 Name. The name of the corporation is FOUNDERS SQUARE
HOMEOWNERS ASSOCIATION, INC. (the "Corporation"). The principal office of the
Corporation shall be located at in Madison County, Idaho, or such
other place as designated by the Board of Directors from time to time.
Section 1.2 Bylaws Applicability. The provisions of these Bylaws are applicable to
the Founders Square Subdivision (the "Property"), a subdivision ld'cated in the City of Rexburg,
County of Madison, State of Idaho, generally provided for in the Declaration of Covenants,
Conditions and Restrictions for Founders Square Subdivision, and any amendments and
supplements thereto, recorded or to be recorded in the office of the County Recorder, Madison
County, Idaho ("Declaration").
Section 1.3 Personal Application. All present and future Owners and their tenants,
future tenants, employees, and any other person that might use the facilities owned and/or )
managed by the Corporation in any manner, are subject to the regulations set forth in these
Bylaws, and in the Declaration. The mere acquisition or rental of any of the Building Lots of the
Property or the mere act of occupancy of any of the Building Lots will signify that these Bylaws
are accepted, ratified, and will be complied with.
ARTICLE 2 - MEMBERS, VOTING, MAJORITY OF
DELEGATES, QUORUM, PROXIES
Section 2.1 Members. All Owners of Building Lots within the Property shall be
Members of the Corporation.
Section 2.2 Voting. Except for the Class B Membership as provided for in the
Articles of Incorporation and the Declaration, and except as may be otherwise provided in the
Declaration, each Member shall be entitled to one vote for each Building Lot owned by such
Member.
Section 2.3 Majority of Members. As used in these Bylaws, the term "Majority of
Members" shall mean those Members representing fifty-one percent (51%) of the voting power
present at an annual or special meeting of the Members at which a quorum is present.
Section 2.4 Quorum. Except as otherwise provided in these Bylaws, the Articles of
Incorporation or the Declaration, prior to the termination of the Class B Member, the presence in
person or by proxy of the Class B Member shall constitute a quorum. After the termination of
the Class B Member the presence in person or by proxy of the Class A Members holding at least
thirty percent (30%) of the total votes entitled to be cast shall constitute a quorum of the
BYLAWS -1
J Membership. The Members present at a duly called or held meeting at which a quorum is
( present may continue to do business until adjournment, notwithstanding the withdrawal of
enough Members to leave less than a quorum. If any meeting cannot be held because a quorum
is not present, the Members may adjourn the meeting to a time not less than five (5) days nor
more than thirty (30) days from the time the original meeting was scheduled, without notice
other than announcement at the meeting. At such second meeting, the presence of Members
representing no less than fifty percent (50%) of the quorum required at the preceding meeting
shall constitute a quorum.
Section 2.5 Proxies. Votes may be cast in person or by proxy. Proxies must be in
writing and filed with the Secretary at least twenty-four (24) hours before the appointed time of
each meeting. Every proxy shall be revocable at the pleasure of the Member who executed the
proxy and shall automatically cease after completion of the meeting of which the proxy was
filed, if filed for a particular meeting. In no event shall a proxy be valid after eleven (11) months
from the date of its execution.
ARTICLE 3 - ADMINISTRATION
Section 3.1 Responsibilities. The Corporation shall have the responsibility of
administering the Common Area owned and/or managed by the Corporation, if any, approving
the annual budget, establishing and collecting all assessments, if any, and may arrange for the
management of the same pursuant to an agreement, containing provisions relating to the duties,
obligations, removal and compensation of the Manager, as defined below. Except as otherwise
provided, decisions and resolutions of the Corporation shall require an affirmative vote of a
Majority of Members present at an annual or special meeting of the Corporation at which a
quorum is present or by written consent as set forth in Section 3.8 of a Majority of Members of
the Corporation.
Section 3.2 Place of Meetings. Meetings of the Corporation shall be held on the
Property or such other suitable place as close to the Property as practicable in Madison County as
may be designated by the Board of Directors, and shall be conducted in accordance with
Robert's Rules of Order.
Section 3.3 Annual Meetings. The first annual meeting of the Members shall be held
within one (1) year from the date of incorporation of the Association, and each subsequent
regular annual meeting of the Members shall be held on the same day of the same month of each
year thereafter. If the day for the annual meeting of the Members is a legal holiday, the meeting
will be held at the same hour on the first day following which is not a legal holiday. At each
annual meeting there shall be elected by ballot of the Members a Board of Directors in
accordance with the requirements of these Bylaws. At the first annual meeting; the Directors
shall be elected to serve until the second annual meeting, and at the second annual meeting, and
annually thereafter, Directors shall be elected for a term of one (1) year beginning with such
annual meeting. In the event that an annual meeting is not held, or the Directors are not elected
at such meeting, the Directors may be elected at any special meeting held for that purpose. Each
Director shall hold office until a successor has been elected or until death, resignation, removal
or judicial adjudication of mental incompetence. The Members may also transact such other
business of the Corporation as may properly come before them at any such annual meeting.
BYLAWS -2
Section 3.4 Special Meetings. It shall be the duty of the President to call a special i
meeting of the Corporation as directed by resolution of the Board of Directors, or upon a petition (\
signed by Members who are entitled to vote one-fourth (1/4) of all the votes of the Class A
Membership. The notice of all regular and special meetings shall be given as provided in
Section 3.5 of these Bylaws, and shall state the nature of the business to be undertaken. No
business shall be transacted at a special meeting except as stated in the notice, unless by consent
of the Members holding at least four-fifths (4/5) of the voting power in the Corporation, either in
person or by proxy.
Section 3.5 Notice of Meetings. It shall be the duty of the Secretary to mail a notice
of each annual or special meeting of the Corporation, stating the purpose thereof as well as the
day, hour and place where such meeting is to be held, to each Member of record, and any person
in possession of a Building Lot, at least ten (10) but not more than thirty (3 0) days prior to such
meeting. The notice may set forth time limits for speakers and nominating procedures for the
meeting. The mailing of a notice, postage prepaid, in the manner provided in this Section 3.5,
shall be considered notice served, after said notice has been deposited in a regular depository of
the United States mail. If no address has been furnished the Secretary, notice shall be deemed to
have been given to a Member if posted in a conspicuous place on the Property.
Section 3.6 Order of Business. The order of business at all meetings shall be as
follows: (a) roll call to determine the voting power represented at the meeting; (b) proof of
notice of meeting or waiver of notice; (c) reading of minutes of preceding meeting; (d) reports of
officers; (e) reports of committees; (f) election of Directors; (g) unfinished business; and (h) new
business. Meetings shall be conducted by the officers of the Corporation in order of their
priority.
Section 3.7 Action Without Meeting. Any action, which under the provisions of the
Idaho Nonprofit Corporation Act may be taken at a meeting of the Corporation, may be taken
without a meeting if authorized in writing signed by all of the Members who would be entitled to
vote at a meeting for such purpose, and filed with the Secretary. Any action so approved shall
have the same effect as though taken at a meeting of the Members.
Section 3.8 Consent of Absentees. The transactions of any meeting of the
Corporation, either annual or special, however called and noticed, shall be as valid as though
transacted at a meeting duly held after regular call and notice, if a quorum be present either in
person or by proxy, and if either before or after the meeting each of the Members not present in
person or by proxy signed a written waiver of notice, or a consent to the holding of such meeting,
or an approval of the minutes thereof. All such waivers, consents or approvals shall be filed with
the corporate records or made part of the minutes of the meeting.
Section 3.9 Minutes, Presumption of Notice. Minutes or a similar record of the
proceedings of meetings, when signed by the President or Secretary, shall be presumed truthfully
to evidence the matters set forth therein. A recitation in the minutes of any meeting that notice
of the meeting was properly given shall be prima facie evidence that such notice was given.
BYLAWS -3
1 ARTICLE 4 - BOARD OF DIRECTORS
Section 4.1 Number and Qualification. The property, business and affairs of the
Corporation shall be governed and managed by a Board of Directors composed of at least three
(3) persons. Except for the initial Directors, all Directors shall be Members of the Corporation.
Directors shall not receive any salary or other compensation for their services as Directors;
provided, however, that nothing herein contained shall be construed to preclude any Director
from serving the Corporation in some other capacity and receiving compensation therefor.
Section 4.2 General Powers and Duties. The Board of Directors has the powers and
duties necessary for the administration of the affairs of the Corporation, as more fully set forth in
the Declaration, and may do all such acts and things as are not by law or by these Bylaws
directed to be exercised and done exclusively by the Owners, Members or Grantor provided,
however, that prior to the first annual meeting of the Corporation, the Board of Directors shall
not enter into any management service contract for a term in excess of one (1) year without the
approval of a Majority of Members, unless such contract contains reasonable provisions for
cancellation (such as upon sixty (60) days written notice by the Corporation following one (1)
year from the date of commencement of such contract).
Section 4.3 Special Powers and Duties. Without prejudice to such foregoing general
powers and duties, and such powers and duties as set forth in the Declaration, the Board of
Directors is vested with, and responsible for, the following powers and duties:
i
(a) To select, appoint and remove all officers, agents, and employees
of the Corporation, to prescribe such powers and duties for them as may be consistent with law,
with the Articles of Incorporation, the Declaration, and these Bylaws; to fix their compensation
and to require from them security for faithful service when deemed advisable by the Board of
Directors.
(b) To conduct, manage and control the affairs and business of the
Corporation, and to make and enforce such rules and regulations therefor consistent with law,
with the Articles of Incorporation, the Declaration, and these Bylaws, as the Board of Directors
may deem necessary or advisable.
(c) To change the principal office for the transaction of the business of
the Corporation from one location to another within the County of Madison, State of Idaho, as
provided in Article 1 hereof; to designate any place within said County for the holding of any
annual or special meeting or meetings of the Corporation consistent with the provisions of
Section 3.2 hereof, and to adopt and use a corporation seal and to alter the form of such seal from
time to time as the Board of Directors in its sole judgment may deem best, provided that such
seal shall at all times comply with the provisions of law.
(d) To borrow money and to incur indebtedness for the purposes of the
Corporation, and to cause to be executed and delivered therefor, in the Corporation's name,
promissory notes, bonds, debentures, deeds of trust, mortgages, pledges, hypothecations or other
evidence of debt and securities therefor; subject, however, to the limitations set forth in the
( Articles of Incorporation and the Declaration.
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(e) To fix and levy from time to time Regular Assessments, Special
Assessments, and Limited Assessments upon the Members, as provided in the Declaration; to
determine and fix the due date for the payment of such Assessments, and the date upon which the
same shall become delinquent; provided, however, that such Assessments shall be fixed and
levied only to provide for the payment of the expenses of the Corporation, and of the taxes and
assessments upon real or personal property owned, leased, controlled or occupied by the
Corporation, or for the payment of expenses for labor rendered or materials or supplies used and
consumed, or equipment and appliances furnished for the maintenance, improvement or
development of such property or for the payment of any and all obligations in relation thereto, or
in performing or causing to be performed any of the purposes of the Corporation for the general
benefit and welfare of the Members, in accordance with the provisions of the Declaration. The
Board of Directors is hereby authorized to incur any and all such expenditures for any of the
foregoing purposes and to provide, or cause to be provided adequate reserves for replacements as
the Board of Directors shall deem to be necessary or advisable in the interest of the Corporation
or welfare of the Members. The funds collected by the Board of Directors from the Members,
attributable for replacement reserves, for maintenance recurring less frequently than annually,
and for capital improvements, shall at all times be held in trust for the Owners and shall not be
commingled with other Assessments collected from the Members. Such Regular Assessments,
Special Assessments and Limited Assessments shall be fixed in accordance with the provisions
of the Declaration. Should any Members fail to pay such Assessments before delinquency, the
Board of Directors in its discretion, is authorized to enforce the payment of such delinquent
Assessments as provided in the Declaration.
(f) To enforce the provisions of the Declaration covering the Property, )
these Bylaws or other agreements of the Corporation.
(g) To contract for and pay for, casualty, blanket, liability, malicious
mischief, vandalism and other insurance, insuring the Members, the Corporation, the Board of
Directors and other interested parties, in accordance with the provisions of the Declaration,
covering and protecting against such damages or injuries as the Board deems advisable, which
may include without limitation, medical expenses of persons injured on the Property, and to bond
the agents and employees of any management body, if deemed advisable by the Board of
Directors.
(h) To operate, maintain and otherwise manage or provide for the
operation, maintenance and management of the Common Area, if any, and to contract for and
pay maintenance, gardening, utilities, materials and supplies, and services relating to the
Common Area, if any, and to employ personnel necessary for the operation of the Common
Area, if any, including legal and accounting services, and to contract for and pay for
improvements and any recreational facilities on the Common Area, if any.
(i) To grant easements where necessary for utilities and sewer
facilities over the Common Area to serve the Property.
0) To fix, determine and name from time to time, if necessary or
advisable, the public agency, fund, foundation or corporation which is then or there organized or
operated for charitable purposes, to which the assets of this Corporation may be distributed upon
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liquidation or dissolution according to the Articles of Incorporation of the Corporation unless
( such assets shall be distributed to Owners of Building Lots as more particularly provided in the
Articles of Incorporation. The assets so distributed shall be those remaining after satisfaction of
all just debts and obligations of the Corporation, and after distribution of all property held or
acquired by the Corporation under the terms of a specific trust or trusts.
(k) To adopt, amend, and repeal by majority vote of the Board of
Directors, rules and regulations as to the Corporation deemed reasonable and necessary.
(1) To pay all real and personal property taxes and assessments levied
against the Common Area owned or managed by the Corporation.
Section 4.4 Management Agent. The Board of Directors may contract or employ for
the Corporation a management agent ("Manager") at a compensation established by the Board of
Directors to perform such duties and services as the Board of Directors shall authorize,
including, but not limited to the duties listed in Section 4.3 hereof.
Section 4.5 Nomination, Election and Term of Office. Nomination for election to the
Board of Directors shall be made by a nomination committee. Nominations may also be made
from the floor at the annual meeting. The nomination committee shall consist of a chairman,
who shall be a member of the Board of Directors, and two (2) or more Members of the
Association. The nominating committee shall be appointed by the Board of Directors prior to
each annual meeting of the members, to serve from the close of such annual meeting until the
close of the next annual meeting, and such appointment shall be announced at each annual
meeting. The nomination committee shall make as many nominations for election to the Board
of Directors as it shall in its discretion determine, but not less than the number of vacancies that
are to be filled. Such nominations shall be made from among Members.
At the first annual meeting of the Corporation, and thereafter at each annual meeting of
the Corporation, new Directors shall be elected by secret written ballot by a plurality of the votes
of the Members present and entitled to vote at such meeting as provided in these Bylaws.
Cumulative voting is not permitted. The term of the Directors shall be for one (1) year. In the
event that an annual meeting is not held, or the Directors are not elected thereat, the Directors
may be elected at any special meeting held for that purpose. Each Director shall hold office until
a successor has been elected or until death, resignation, removal or judicial adjudication of
mental incompetence. Any person serving as a Director may be re-elected, and there shall be no
limitation on the number of terms during which a Director may serve.
Section 4.6 Books, Financial Statements and Audit. The Board of Directors shall
cause to be maintained a full set of books and records showing the financial condition of the
affairs of the Corporation in a manner consistent with generally accepted accounting principles.
An annual operating statement reflecting income and expenditures of the Corporation shall be
distributed to each Member within ninety (90) days after the end of each fiscal year, and to first
mortgagees who have in writing requested notice of Corporation proceedings.
Section 4.7 Vacancies. Vacancies in the Board of Directors caused by any reason
other than the removal of a Director by a vote of the Members shall be filled by vote of the
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majority of the remaining Directors, even though they may constitute less than a quorum, and
each person so elected shall be a Director until a successor is elected at the next annual meeting,
or at a special meeting called for that purpose. A vacancy or vacancies shall be deemed to exist
in case of death, resignation, removal or judicial adjudication of mental incompetence of any
Director, or in the case the Members fail to elect the full number of authorized Directors at any
meeting at which such election is to take place.
Section 4.8 Removal of Directors. At any regular or special meeting of the
Corporation duly called, any one or more of the Directors may be removed with or without cause
by a Majority of Members and a successor may then and there be elected to fill the vacancy thus
created. Any Director whose removal has been proposed by the Members shall be given an
opportunity to be heard at the meeting. If any or all of the Directors are so removed, new
Directors may be elected at the same meeting.
Section 4.9 Organization Meeting. The first regular meeting of a newly elected Board
of Directors shall be held within ten (10) days of the election of the Board of Directors, at such
place as shall be fixed and announced by the Directors at the meeting at which such Directors
were elected, for the purpose of organization, election of officers, and the transaction of other
business. No notice shall be necessary to the newly elected Directors in order legally to
constitute such meeting, provided a majority of the whole Board of Directors shall be present.
Section 4.10 Other Regular Meetings. Regular meetings of the Board of Directors shall
be held monthly without notice, at such place and hour as may be fixed from time to time by
resolution of the Board. Should said meeting fall upon a legal holiday, then that meeting shall be !"
held at the same time on the next day which is not a legal holiday. Notice of regular meetings of t the Board of Directors shall be given to each Director, personally or by mail, telephone or
telegraph, at least three (3) days prior to the day named for such meetings, unless the time and
place of such meetings is announced at the organization meeting, in which case such notice of
other regular meetings shall not be required.
Section 4.11 Special Meetings. Special meetings of the Board of Directors may be
called by the President, or, if the President is absent or refuses to act, by the Vice President, or by
any two (2) Directors. At least two (2) days, notice shall be given to each Director, personally or
by mail, telephone or telegraph, which notice shall state the time, place (as hereinabove
provided) and the purpose of the meeting. If served by mail, each such notice shall be sent,
postage prepaid, to the address reflected on the records of the Corporation, and shall be deemed
given, if not actually received earlier, at 5:00 o'clock p.m. on the second day after it is deposited
in a regular depository of the United States mail as provided herein. Whenever any Director has
been absent from any special meeting of the Board of Directors, an entry in the minutes to the
effect that notice has been duly given shall be conclusive and incontrovertible evidence that due
notice of such meeting was given to such Director, as required by law and as provided herein.
Section 4.12 Waiver of Notice. Before or at any meeting of the Board of Directors, any
Director may in writing waive notice of such meeting and such waiver shall be deemed
equivalent to the giving of such notice. Attendance by a Director at any meeting of the Board of
Directors shall be waiver of notice by that Director of the time and place thereof. If all Directors )
are present at any meeting of the Board of Directors, no notice shall be required and any business
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may be transacted at such meeting. The transactions of any meeting of the Board of Directors,
thowever called and noticed or wherever held, shall be as valid as though had at a meeting duly
held after regular call and notice, if a quorum be present, and if, either before or after the
meeting, each of the Directors not present signs such a written waiver of notice, a consent to
holding such meeting, or an approval of the minutes thereof. All such waivers, consents and
approvals shall be filed with the records of the Corporation or made a part of the minutes of the
meeting.
Section 4:13 Quorum and Adjournment. Except as otherwise expressly provided
herein, at all meetings of the Board of Directors, a majority of the Directors shall constitute a
quorum for the transaction of business, and the acts of the majority of the Directors present at a
meeting at which a quorum is present shall be the acts of the Board of Directors. If at any
meeting of the Board of Directors there is less than a quorum present, the majority of those
present may adjourn the meeting from time to time. At any such adjourned meeting, any
business which might have been transacted at the meeting as originally called may be transacted
without further notice.
Section 4.14 Action Without Meetine. The Directors shall have the right to take any
action in the absence of a meeting which they could take at a meeting by obtaining the vote or
written consent of all the Directors. Any action so approved shall have the same effect as though
taken at a meeting of the Directors.
Section 4.15 Fidelity Bonds. The Board of Directors shall require that all officers and
employees of the Corporation handling or responsible for the Corporation funds shall furnish
adequate fidelity bonds. The premium on such bonds shall be paid by the Corporation or its
Manager.
Section 4.16 Committees. The Board of Directors, by resolution, may from time to
time designate such committees as the Board of Directors shall desire, and may establish the
purposes and powers of each such committee created. The resolution designating and
establishing a committee shall provide for the appointment of its members, as well as a
chairperson, shall state the purpose of the committee, and shall provide for reports, termination,
and other administration matters as deemed appropriate by the Board of Directors.
ARTICLE 5 - OFFICERS
Section 5.1 Desi ation. The principal officers of the Corporation shall be a
President, a Vice President, a Secretary, and a Treasurer, all of whom shall be elected by the
Board of Directors. The Board of Directors may appoint an Assistant Treasurer and an Assistant
Secretary, and such other officers as in the Board of Directors' judgment may be necessary. One
person may hold two or more offices, except the offices of President and Secretary.
Section 5.2 Election of Officers. The officers of the Corporation shall be elected
annually by the Board of Directors at the Organizational Meeting of each new Board of
Directors, and each officer shall hold office for one (1) year unless he shall sooner resign or shall
be removed or otherwise disqualified.
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Section 5.3 Removal of Officers. Upon an affirmative vote of a majority of the entire
Board of Directors, any officer may be removed, either with or without cause, and a successor
elected at any regular meeting of the Board of Directors, or any special meeting of the Board of
Directors called for such purpose. Any officer may resign at any time by giving written notice to
the Board of Directors or to the President or Secretary of the Corporation. Any such resignation
shall take effect at the date of receipt of such notice or at any later time specified therein; and
unless otherwise specified in said notice, acceptance of such resignation by the Board of
Directors shall not be necessary to make it effective. A vacancy in any office may be filled by
appointment by the Board. The officer appointed to such vacancy shall serve for the remainder
of the term of the officer he replaces.
Section 5.4 Compensation. Officers, agents, and employees shall receive such
reasonable compensation for their services as may be authorized or ratified by the Board of
Directors. Appointment of any officer, agent or employee shall not of itself create contractual
rights of compensation for services performed by such an officer, agent or employee. No officer,
employee or Director of Grantor or any affiliate of Grantor may receive any compensation.
Section 5.5 Special Appointment. The Board of Directors may elect such other
officers as the affairs of the Association may require, each of whom shall hold office for such
period, have such authority, and perform such duties as the Board of Directors may, from time to
time, determine.
Section 5.6 President. The President shall be the chief executive officer of the
Corporation. The President shall preside at all meetings of the Corporation and of the Board of
Directors. The President shall have all of the general powers and duties which are usually vested
in the office of the President of a nonprofit corporation, including but not limited to the power,
subject to the provisions of Section 4.16, to appoint committees from among the Members and
Owners from time to time as the President alone may decide are appropriate to assist in the
conduct of the affairs of the Corporation. The President shall, subject to the control of the Board
of Directors, have general supervision, direction and control of the business of the Corporation.
The President shall be ex officio a member of all standing committees, and the President shall
have such other powers and duties as may be prescribed by the Board of Directors or these
Bylaws.
Section 5.7 Vice President. The Vice President shall take the place of the President
and perform such duties whenever the President shall be absent, disabled or unable to act. If
neither the President nor the Vice President is able to act, the Board of Directors shall appoint
some other member of the Board of Directors to do so on an interim basis. The Vice President
shall also perform such other duties as shall from time to time be imposed by the Board of
Directors or these Bylaws.
Section 5.8 Secretary. The Secretary shall record the votes and keep the minutes of all
meetings of the Board of Directors and the minutes of all meetings of the Corporation at the
principal office of the Corporation or such other place as the Board of Directors may order. The
Secretary shall keep the seal of the Corporation in safe custody and shall have charge of such
books and papers as the Board of Directors may direct, and the Secretary shall, in general,
perform all the duties incident to the office of Secretary. The Secretary shall give, or cause to be
BYLAWS - 9
( ) given, notices of meetings of the Corporation and of the Board of Directors required by these
Bylaws or by law to be given. The Secretary shall maintain a book of record Owners, and any
person in possession of a Building Lot that is not an Owner, listing the names and addresses of
the Owners, and any person in possession of a Building Lot that is not an Owner, as furnished to
the Corporation and such book shall be changed only at such time as satisfactory evidence or a
change in ownership of a Building Lot is presented to the Secretary. The Secretary shall perform
such other duties as may be prescribed by the Board of Directors or these Bylaws.
Section 5.9 Treasurer. The Treasurer shall have responsibility for the Corporation
funds and securities and shall be responsible for keeping, or causing to be kept, full and accurate
accounts of the Property owned by the Corporation, tax records and business transactions of the
Corporation including accounts of all assets, liabilities, receipts and disbursements, all in books
belonging to the Corporation. The Treasurer shall be responsible for the deposit of all monies
and other valuable effects in the name and to the credit of the Corporation in such depositories as
may from time to time be designated by the Board of Directors. The Treasurer shall disburse the
funds of the Corporation as may be ordered by the Board of Directors in accordance with the
Declaration, shall render to the President and Directors upon request, an account of all
transactions as Treasurer and of the financial condition of the Corporation, and shall have such
other powers and perform such other duties as may be prescribed by the Board of Directors or
these Bylaws.
ARTICLE 6 - OBLIGATIONS OF MEMBERS
Section 6.1 Assessments.
(a) All Members are obligated to pay, in accordance with the
provisions of the Declaration, all Assessments imposed by the Corporation to meet all expenses
of the Corporation, which may include, without limitation, a liability insurance policy premium
and an insurance premium for a policy to cover repair and reconstruction work in case of fire,
earthquake or other hazard, or to meet the expenses of the Director's various powers and duties
as more fully provided in Section 4.3 of these Bylaws. Except as otherwise provided in the
Declaration, the Assessments shall be made equally per Building Lot for all Members of the
Corporation obligated to pay such Assessment. If the assessment is not paid within thirty (30)
days after the due date, the assessment shall bear interest from the date of delinquency at the rate
of eighteen percent (18%) per annum.
(b) All delinquent Assessments shall be enforced, collected or
foreclosed in the manner provided in the Declaration.
Section 6.2 Maintenance and Repair.
(a) Every Member must perform promptly, at the Member's sole cost
and expense, all maintenance and repair work on such Member's Building Lot as required under
the provisions of the Declaration. As further provided in the Declaration, all plans for alterations
and repair of improvements on the Property must receive the prior written consent of the Board
of Directors. The Board of Directors shall establish reasonable procedures for the granting and
denial of such approval in accordance with the Declaration.
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(b) As further provided in the Declaration, each Member shall
reimburse the Corporation for any expenditures incurred in repairing or replacing any portion of
the Property owned or controlled by the Corporation which are damaged through the fault of the
Member, and each Member shall promptly reimburse the Corporation for the costs of repairing,
replacing and/or maintaining that portion of the Property which the Corporation has repaired,
replaced or maintained pursuant to the Declaration. Such expenditures shall include all court
costs and reasonable attorneys' fees and costs incurred in enforcing any provision of these
Bylaws or the Declaration.
ARTICLE 7 - AMENDMENTS TO BYLAWS
These Bylaws may be amended by the Corporation at an annual meeting or at a duly
constituted meeting of the Corporation for such purpose as provided in the Articles of
Incorporation. No amendment to these Bylaws shall take effect unless approved by the
affirmative votes of not less than three-fourths (3/4) of the total voting power of the Corporation
as cast by the Members.
ARTICLE 8 - MEANING OF TERMS
Except as otherwise defined herein, all terms herein initially capitalized shall have the
same meanings as are applied to such terms in the Declaration including, without limitation,
"Articles", "Assessments", "Association", `Building Lot", "Common Area', "Grantor", "Class
A Member", "Class B Member", and "Owners."
ARTICLE 9 - CONFLICTING PROVISIONS C
In case any of these Bylaws conflict with any provisions of the laws of the State of Idaho,
such conflicting Bylaws shall be null and void upon final court determination to such effect, but
all other Bylaws shall remain in full force and effect. In case of any conflict between the
Articles of Incorporation and these Bylaws the Articles shall control; and in the case of any
conflict between the Declaration and these Bylaws, the Declaration shall control.
ARTICLE 10 - INDEMNIFICATION AND INSURANCE
Section 10.1 Certain Definitions. For the purposes of this Article, "agent" means any
person who is or was a director, officer, employee or other agent of the Corporation, or is or was
serving at the request of the Corporation as a director, officer, employee or agent of another
corporation, or was a director, officer, employee or agent of a corporation which was a
predecessor corporation of the Corporation; "Proceeding" means any threatened, pending or
completed action or proceeding, whether civil, criminal, administrative or investigative; and
"expenses" includes without limitation attorneys' fees and costs and any expenses of establishing
a right to indemnification under Section 10.3 or paragraph (c) of Section 10.4.
Section 10.2 Indemnification. This Corporation shall indemnify any person who was or
is a party or is threatened to be made a party to any proceeding (other than an action by or in the
right of this Corporation to procure a judgment in its favor) by reasons of the fact that such
persons is or was an agent of this Corporation, against expenses, judgments, fines, settlements
and other amounts actually and reasonably incurred in connection with such proceeding if such
BYLAWS -11
i
person acted in good faith and in a manner such person reasonably believed to be in or not
opposed to the best interests of the Corporation and, in the case of a criminal proceeding, had no
reasonable cause to believe the conduct of such persons was unlawful. The termination of any
proceeding by judgment, order, settlement, conviction or upon a plea of nolo contendere or its
equivalent shall not, of itself, create a presumption that the person did not act in good faith and in
a manner which the persons reasonably believed to be in or not opposed to the best interests of
the Corporation or with respect to any criminal proceeding that the person had reasonable cause
to believe that the person's conduct was unlawful. However, no indemnification shall be made
in respect of any claim, issue or matter as to which such person shall have been adjudged to be
liable to the Corporation in the performance of such persons' duty to the Corporation, unless and
only to the extent that the court in which such proceeding is or was pending shall determine upon
application that, in view of all the circumstances of the case, such person is fairly and reasonably
entitled to indemnity for the expenses which such court shall deem proper.
Section 10.3 Expenses in Successful Defense. To the extent that an agent of the
Corporation has been successful on the merits in defense of any proceeding referred to in
Section 10.2 or in defense of any claim, issue or matter therein, the agent shall be indemnified
against expenses actually and reasonably incurred by the agent in connection therewith.
Section 10.4 Determination of Standard of Conduct. Except as provided in
Section 10.3, any indemnification under this Article shall be made by the Corporation only if
authorized in the specific case, upon a determination that indemnification of the agent is proper
in the circumstances because the agent has met the applicable standard of conduct set forth in
j Section 10.2, as determined by:
(a) A majority vote of a quorum consisting of directors who are not
parties to such proceeding;
(b) Approval or ratification by the affirmative vote of a Majority of
Members entitled to vote represented at a duly held meeting of the Corporation at which a
quorum is present or by the written consent of a Majority of Members entitled to vote. For
purposes of determining the required quorum of any meeting of the Corporation called to
approve or ratify indemnification of an agent and the vote or written consent required therefor,
an agent who is a Member to be indemnified shall not be entitled to vote thereon;
(c) The court in which such proceeding is or was pending, upon
application made by the Corporation or the agent or the attorney or other persons rendering
services in connection with the defense, whether or not such application by the agent, attorney or
other person is opposed by the Corporation; or
(d) Independent legal counsel in written opinion, engaged at the
direction of a quorum of disinterested directors.
Section 10.5 Advancing Expenses. Expenses incurred in defending any proceeding
may be advanced by the Corporation prior to the final disposition of such proceeding upon
receipt of an undertaking by or on behalf of the agent to repay such amount, if it shall be
determined ultimately that the agent is not entitled to be indemnified as authorized in this Article.
BYLAWS -12
Section 10.6 Extent and Limitations of Indemnifications. No indemnification or
advance shall -be made under this Article, except as provided in Section 10.3 or paragraph (c) of
Section 10.4, in any circumstance where it appears:
(a) That it would be inconsistent with a provision of the Articles of
Incorporation, these Bylaws, a resolution of the Board of Directors or Members or an agreement
in effect at the time of the accrual of the alleged cause of action asserted in the proceeding in
which the expenses were incurred or other amounts were paid, which prohibits or otherwise
limits indemnification; or
(b) That it would be inconsistent with any condition expressly
imposed by a court in approving a settlement.
This Article shall create a right of indemnification for each agent referred to in this
Article, whether or not the proceeding to which the indemnification relates arose in whole or in
part prior to adoption of this Article; and in the event of the death of such agent, whether before
or after initiation of such proceeding, such right shall extend to such agent's legal
representatives. In addition, to the maximum extent permitted by applicable law, the right of
indemnification hereby given shall not be exclusive of or otherwise affect any other rights such
agent may have to indemnification, whether by law or under any contract, insurance policy or
otherwise.
Section 10.7 Liability Insurance. The Corporation may purchase and maintain
insurance on behalf of any agent of the Corporation against any liability asserted against or j
incurred by the agent in such capacity or arising out of the agent's status as such, whether or not
the Corporation would have the power to indemnify the agent against such liability under the
provisions of this Article.
ARTICLE 11- MISCELLANEOUS
Section 11.1 Checks, Drafts and Documents. All checks, drafts or other orders for
payment of money, notes or other evidences of indebtedness issued in the name of or payable to
the Corporation shall be signed or endorsed by such person or persons, and in such manner as,
from time to time, shall be determined by resolution of the Board of Directors.
Section 11.2 Execution of Documents. The Board of Directors, except as in these
Bylaws otherwise provided, may authorize any officer or officers, agent or agents, to enter into
any contract or execute any instrument in the name and on behalf of the Corporation, and such
authority may be general or confined to specific instances; and unless so authorized by the Board
of Directors, no officer, agent or employee shall have the power or authority to bind the
Corporation by any contract or engagement or to pledge the Corporation's credit or to render the
Corporation liable for any purpose or in any amount.
Section 11.3 Inspection of Bylaws, Books and Records. The Corporation shall keep in
the Corporation's office for the transaction of business the original or a copy of these Bylaws as
amended or otherwise altered to date, certified by the Secretary, which shall be open to
inspection by the Members at all reasonable times during office hours. The books, records and
papers of the Association shall at all times, during reasonable business hours, be subject to
I:r d W.V1'f.10R3
inspection by any member. The Declaration, the Articles of Incorporation, and the Bylaws of the
l Association shall be available for inspection by any member at the principal office of the
Association, where copies may be purchased at reasonable cost.
Section 11.4 Fiscal Year. The fiscal year of the Corporation shall begin on the 1st day
of January and end on the 31st day of December of every year except that the first fiscal year
shall begin on the date of incorporation.
Section 11.5 Membership Book. The Corporation shall keep and maintain in the
Corporation's office for the transaction of business a book containing the name and address of
each Member. Termination or transfer of ownership of any Building Lot by an Owner shall be
recorded in the books together with the date on which such ownership was transferred, and the
new Owner shall be incorporated into the book in accordance with the provisions of the
Declaration and the Articles of Incorporation.
BYLAWS —14
[END OF TEXT]
We, the undersigned, being the initial members of the Board of Directors and the duly / 1
elected Secretary of the Corporation do hereby certify that the foregoing Bylaws were duly
adopted as the official Bylaws of the Corporation by unanimous consent of the Directors of the
Corporation on the day of 20_
BYLAWS -15
Engineering
Report &
Landscape Maps
•
*I
AA
RENDEZVOUS ENGINEERING, P.C.
Civil Engineers and Planners in Wyoming and Idaho
Rendezvous Project No: 08-005
February 13, 2008
Mr. Gary Leikness
Planning & Zoning Administrator
19 E. Main Street
P.O. Box 280
Rexburg, ID 83440
Via email: garvha?rexbura.or
RE: Founders Square PUD
Dear Mr. Leikness,
As requested, we have provided for your review additional information regarding the landscaping of
the Founders Square project. Please find enclosed for your information a set of design guidelines
and specifications pertaining to the proposed landscaping. In addition, a bid sheet indicating
quantifies of each of the landscape design components, as well as drawings L l through L4 have
been included for your use. Please note that Sheets Ll and L3 were provided to you in our previous
submittal. These sheets have been subject to further revisions and as such, should replace the
previously submitted material. All other material in this submission is new and should be
considered as supporting information to the original submittal. If you require any additional
information, please do not hesitate to contact me.
Sincerely,
�( . - ,--N
Allison M. Fleury
Registered Landscape Architect
25 South Gros Ventre Street - Post Office Box 4858 -Jackson, Wyoming 83001
Phone - 307.733.5252 Fax - 307.733.2334
FOUNDER'S SQUARE
Phase 1 Landscape Bid Sheet
Area
Item
Quantity
Units
Description
Cost/Unit
Total Cost
Temporary
Reve elation
Grass seed
mix
variable
SF
disturbed area
Subtotal
Boulevard Entry
Planting Strip
Littleleaf
Linden
8
EA
3" caliper tree,
irrigation, installation
sod
2,310
SF
sod, irrigation,
installation
Subtotal
Founder's Square
Park green
sod
34,398
SF
sod, irrigation,
installation
benches
6
EA
6' - 7' bench
determined by
developer
flagpole
1
EA
35' or determined by
developer
memorial
marker
1
EA
determined by
developer
concrete
12.8
CY
for bench pads and
memorial pad
3/4" crush
rock (6" base)
39.7
ton
pad bases
Subtotal
Park Planter Strip
Acer species
10
EA
2" caliper tree, drip
irrigation, installation
Green Ash
9
EA
2" caliper tree, drip
irrigation, installation
sod
6,084
SF
sod, irrigation,
installation
Subtotal
Perimeter Planting
Perimeter Planting
Siberian
Peashrub
300
EA
shrub, drip irrigation,
installation 5' O.C.
grass area
19,811
SF
permanent dry area
native grass mix
Subtotal
Lots Planting Strip
Planting Strip Phase
Totals 47 lots
(excludes the park)
Acer species
65
EA
2" caliper tree, drip
irrigation, installation
Green Ash
65
EA
2" caliper tree, drip
irrigation, installation
Sod
41,678
SF
turf, irrigation,
installation
Subtotal
Phase 1
Total
Page 1 Founders Square Landscape Bid Sheets 021208
FOUNDER'S SQUARE
Phase 2 Landscape Bid Sheet
Area
Item
I Quantity
Units
Description
CostlUnit
Total Cost
Temporary
Grass seed
variable
SF
disturbed area
Reve elation
mix
Subtotal
Activity Park
Picnic/play area
Sod
13,598
SF
sod, irrigation,
installation picnic
and playground area
concrete
4.3
CY
picnic pads, 9'x17'
to allow 3'clear
space for access
around table and
barbecue
3/4" crush
3.3
TON
pad base
rock
Picnic tables/
3
EA
6'table With
benches
attached benches
installed on pad
Barbecues
3
EA
300 sq in grill,
pedestal,
20"x15"x10" on
36"installed
pedestal
Lean-to
3
EA
10x12 to shade
shelter
table
Playground
developer
equipment
choice
Subtotal
Path
Asphalt
34.8
TON
5' wide asphalt path,
2" thick
3/4" crushed
142.1
CY
T wide'/."crushed
rock
rock base, 6" thick
Bollards
3
EA
4' long concrete
cylinder implanted
in the center of the
path at each entry to
prevent vehicles on
path
Bike rack
1
EA
multiple bike rack,
installed at entry to
park area, set in
concrete
j
Subtotal
Page 2 Founders Square Landscape Bid Sheets 021208
Page 3 Founders Square Landscape Bid Sheets 021208
Activity area
Grass area
58,588
SF
permanent dry area
native grass mix
Park Trees
Acer species
2
EA
2" caliper, drip
irrigation and
installation
Green Ash
1
EA
2" caliper, drip
irrigation and
installation
Screening shrubs
Lilacs
9
EA
10 to 15 gal,
shrubs, installation
Pea Shrubs
95
EA
11 to 15 gal.
shrubs, installation
5' O.C.
Mulch
19.7
CY
3" bark Mulch for
screening shrubs
Subtotal
Park Planting Strip
Acer species
2
EA
2" caliper, drip
irrigation and
installation
Green Ash
2
EA
2" caliper, drip
irrigation and
installation
Sod
1324.5
S.F.
sod, irrigation,
installation
Subtotal
Lots Planting Strip
Planting Strip Phase
Acer species
27
EA
2" caliper tree, drip
Totals for 26 lots
irrigation, installation
(excludes the park)
Green Ash
26
EA
2" caliper tree, drip
irrigation, installation
Sod
18375.5
S.F.
sod, irrigation,
installation
Subtotal
Phase 2
Total
Page 3 Founders Square Landscape Bid Sheets 021208
FOUNDER'S SQUARE
Phase 3 Landscape Bid Sheet
Area
Item
Quantity
Units
Description
Cost/Unit
Total Cost
Temporary
Reve elation
Grass seed
mix
variable
SF
disturbed area
Subtotal
View Park
Path
Asphalt
68.5
TON
5' Wde asphalt path,
2" thick
Crushed rock
254.2
CY
7' vride crushed rock
base 6" thick
Bollards
2
EA
4' long concrete
cylinder implanted
in the center of the
path at each entry to
prevent vehicles on
path
Stairs
4
EA
Each set of stairs
has 5 steps
Subtotal
Parking
Asphalt
4.7
TON
(2) 20'x18' pads 2"
thick
3/4" crush
rock
6.7
CY
T wide crushed rock
base
Bike rack
1
EA
multiple bike rack,
installed at entry to
park area, set in
concrete
Subtotal
Park area
Grass area
58588.3
S.F.
permanent dry area
native grass mix
Subtotal
Park Trees
Green Ash
3
EA
2" caliper tree, drip
irrigation, installation
Benches
3
EA
6 - 7' bench
determined by
developer
Subtotal
Lots Planting Strip
Planting Strip Phase
Totals for 35 lots
(excludes the park)
Acer species
46
EA
2" caliper tree, drip
irrigation, installation
Green Ash
45
EA
2" caliper tree, drip
irrigation, installation
Sod
22454.5
S.F.
sod, irrigation,
installation
Subtotal
Phase 3
Total
All Phases Total
Page 4 Founders Square Landscape Bid Sheets 021208
1
COST ESTIMATE FORMS AND MINIMUM SPECIFICATIONS
In order to assist the developer in acquiring contractor bids and assuring a minimum level of
installation performance and aesthetic intent the following bid sheets and specifications are
provided. Bid sheets and specifications for the project are arranged by phase and further
subdivided into specific areas within each phase. Each of these areas has a spread sheet,
installation specifications and design assumptions which describes the landscape components
specific to that area.
PHASE I PROJECT COMMON AREAS
With the exception of irrigation points of connection and mainline piping for common areas, it is
assumed that Phase I landscaping of these common areas will commence after the completion of
project infrastructure, including water, sewer, wire and road improvements. Phase I landscaping
includes the following: Sunrise Drive Planting, Entry Boulevard Median, Founders Park and all
areas disturbed by infrastructure installation which will require an interim revegetation effort to
prevent wind and water erosion of bare ground. Specifications for these areas are as follows.
Specifications:
1. Revegetation of disturbed areas with a temporary cover crop:
• An appropriate quick cover seed, any one of those listed or comparable.
• Surface preparation: hard packed or caked soil shall be scarified or disked.
• Broadcast seed to the specified rate and rake over to set seed.
Quick Cover for Erosion Control of Disturbed Soils
Use any one of the species listed below at the given Yate.
Common Name
Botanical Name
Application
.. ..
{ Rate
lbs PLS/acre.
Percent
Mix
Barley
Hordeum vulgare
48
100
Mountain brome
Bromus marginatus
12
100
Mountain rye
Secalemontanus.
50
100
Oats
Avena stavia
35
100
Perennial ryegrass.
Lolium perenne
6
100
Rye
Secale cerelae
35
100
Slender wheatgrass
Agropyrontrachycaulum
7
100
Tall oalgrass
Arrhenatherum elatius
6
100
Wheat-wheatgrass hybrid
Agropyron X Triticum
60
100
2. Sunrise Drive Plantings:
• Installation of drip irrigation per irrigation contractor's design to supply all indicated
plants with adequate irrigation.
• Install Siberian Pea Shrubs at 5'on centers.
• Revegetate with the permanent dry native grass mix between property line and the
back of curb on the north margin of the property. Grasses will require temporary
irrigation for a minimum of one season to insure germination.
Permanent
Common Name
Botanical Name
Application
Rate
Itis PLS/acre
Bluebunch Wheatgrass
Pseudoroegneria spicata
10
Canby bluegrass
Poa secunda
1
Idaho fescue
Festuca idehoensis
2
Slender wheatgrass
Elymus trachycaulus
'5
Thickspike wheatgrass
Elymus lanceolatus spp, Dasystachyum
10
Western wheatgrass
Agropyron smithii
12
Additional Notes:
Name change
.common name
Bluebunch Wheatgrass
Canby bluegrass
Thickspike wheatgrass
Total Pure Live Seed Application Rate ` 40
botanical name
Pseudoroegneria spicata
Poe secunda
Elymus lanceolatus spp. Dasystachyum
Percent Mix
25.0%
2.5%
5.0%
12.5%
25.0%
30.0%
lbs PLS/acre
Synonyms.
Agropyron spicatum
'Poacanbyi'Canbar'
Agropyron dasystachyum
Entry Median Planting:
• Installation of drip (for trees) and spray (for sod) irrigation per irrigation contractor's
design.
• Install 8 entry trees at 38' -7" on center the length of the median, beginning 30' from
the northern end of the planter (Sunrise Drive end).
• Prepare surface of the planter to receive sod with 6" of topsoil raked smooth. Apply
sod to cover.
N
3. Founder's Square Park:
• The area of the park will be covered to a depth of 6" with topsoil
• Concrete pads for benches shall be 4" thick with 6" of 3/4" crush rock base. Two pads
are located on each of the east, west and south sides of the park abutting the inner
margin of the sidewalk and will be constructed to a size that permits 3' of free space
on all sides of the benches for access. Example: a pad 12' long by 8'wide would
accommodate a 6' by 2' bench. Bench type shall to be determined by the developer.
• Another concrete pad of the same construction shall be constructed centered on the
inside of the south sidewalk of the park as shown in the drawings. This pad shall be
10' x 24' in size and will accomodate the flagpole and memorial marker.
• Benches, flagpole and park memorial shall be installed according to manufacturer's
instructions.
• The area of the park will be sodded and have head to head spray irrigation.
• The planting strip surrounding the park area, outside the sidewalk area shall be
prepared and planted as a sodded area. Trees for the park planting strip will be 10
Maples and 9 Green Ash trees alternated and spaced as drawn on Sheet Ll. Trees
alternate such that no two trees planted next to one another are the same species in the
street planting strips.
PHASE 2
Specifications:
1. Revegetation of disturbed areas with cover crop:
• An appropriate quick cover seed mix such as shown above or comparable.
• Surface preparation: hard packed or caked topsoil shall be scarified or disked.
• Broadcast seed to the specified application rate and rake over to set seed.
2. Activity Park
• The 5' wide path shall be laid out and constructed of a 2" Asphalt mat over a 6"
crushed gravel base 7 ft wide.
• Concrete pads (9'x17') for the lean-to shelters, 4" thick over a 6" crushed gravel base.
A pedestal type barbecue shall be installed on each of the 3 pads at the time of
construction and placed according to the design plan.
• Lean-to shelter shall be constructed to cover an area of 10' by 12'and shall be an open
air, shed type construction.
• The remaining area of the park will be covered to a depth of 6" with topsoil
• The Picnic/Play area of the park will be sodded and have head to head spray
irrigation. Drip irrigation for shade trees and screening shrubs will be the
responsibility of the irrigation contractor. Temporary irrigation will be provided to
establish the permanent native grass mix in the activity area of the park.
• One shade tree and 3 Lilacs will be planted near each picnic pad and screening shrubs
(Pea Shrubs) will be planted along residential lot margins and as indicated on Sheet
Ll.
• The planting strip on the south east margin of the park area, outside the sidewalk area
shall be prepared and planted as the sodded planting strips. Plant materials for the
park planting strip will be 2 Maples and 2 Green Ash trees alternated and spaced as
indicated on Sheet Ll.
• The Activity areas will be prepared for permanent planting by smoothing or raking.
Hard packed or caked topsoil shall be scarified or disking prior to seeding. Broadcast
field grass seed to the specified pure live seed application rate and lightly rake over to
set seed.
4
PIIASE 3
Specifications:
1. Revegetation of disturbed areas with cover crop:
• An appropriate quick cover seed mix such as shown above or comparable.
• Surface preparation: hard packed or caked topsoil shall be scarified or disked.
Broadcast seed to the specified application rate and rake over to set seed.
2. View Park
• The 5' wide path shall be laid out according to design and constructed of a 2" Asphalt
mat over a 6" crushed gravel base 7 ft wide.
• Two 20' by 18' parking stalls shall be constructed in a manner consistent with the
adjacent street profile on the southern end of the park
• Benches shall be installed according to manufacturer's instructions at design
locations.
• The remaining area of the park will be covered to a depth of 6" with topsoil.
• Two shade trees shall be planted as shown on the drawings north of the parking area
as drawn.
• The field grass areas will be prepared for permanent planting by smoothing or raking.
Hard packed or caked topsoil shall be scarified or disking prior to seeding. Broadcast
field grass seed to the specified pure live seed application rate and lightly rake over to
set seed.
• The planting strip on the south margin of the park, outside the sidewalk area shall be
prepared and planted as the entry median. Trees for the park planting strip will be I
Green Ash tree placed as shown on Sheet Ll.
• Install bollards per manufacturer's specifications.
INDIVIDUAL LOT LANDSCAPING
Landscaping of individual project lots will commence after the completion of each home.
Likewise, the irrigation and plant materials (sod and street trees) designed for the frontage of
each lot will be installed after the completion of each home. An escrow fund or surety shall be
arranged between the developer and individual lot owner at the time of sale for each lot and shall
be in an amount sufficient to purchase, install and irrigate all required plant material for each
individual lot as specified by the City of Rexburg Development Code, Chapter 4.15, K., 7. and as
indicated for all planting strip areas as described on Sheet LI and supporting Bid Sheets and
Specifications.
The developer will complete the street improvements including paving, curb and sidewalk within
each phase of development. It is anticipated that development of residential structures on small
individual lots will require all of the space from the back of curb to the lot lines. Therefore street
trees and sod will not be installed in the planting strip until each home is completed. Planting
strip vegetation will be irrigated by associated individual residential irrigation systems.
i
• Approved Planned Unit Development requirements for each lot include: two 2" caliper
shade trees in each front yard; one 1.5" caliper shade tree in each back yard; and four
shrubs on each lot.
PLANTING tt��i '"_nanlp <tn lna[i J bra,nbiila.
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7