Another Master-Planned Community

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D e s i g n G u i d e l i n e s Another Master‐Planned Community by and S e c o n d E d i t i o n M a r c h 2 0 1 0 P a g e 1 o f 19 E a g l e
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D e s i g n G u i d e l i n e s Contacts; Developer Voth Bros Developments Ltd. and Kingswood Capital Corporation Mr. Ken Voth Contact Lonny Wall Executive Assistant #302 ‐ 1688 152 Street South Surrey, BC V4A 4N2 O: 604‐535‐1012 F: 604‐535‐2023 lonny@vothdevelopments.com Marketing Homelife Glenayre Realty Co. Ltd. Ken Neufeld 360 – 3033 Immel Street Abbotsford, BC O: 604‐859‐3141 C: 604‐217.0455 kenneufeld@telus.net Design Controller Precision Building Design Associates Ltd. Chuck Stam 3‐45953 Airport Road Chilliwack, BC V2P 1A3 O: 604‐792.0826 F: 604‐792‐0856 chuck@precisionbuildingdesign.com S e c o n d E d i t i o n M a r c h 2 0 1 0 P a g e 2 o f 19 E a g l e
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D e s i g n G u i d e l i n e s The offering of 57 homesites in a neighborhood perched atop Eagle Mountain is an opportunity of a lifetime. Your new neighborhood of Eagle Estates has been carefully and thoughtfully crafted under the direction of Voth Bros Developments and Kingswood Capital Corp. both experienced developers, and their team of engineers, designers and real estate professionals to capitalize on its natural surroundings and breathtaking views. Drawing from this process, these guidelines have been prepared by the Developers and the Developer’s Design Controller to ensure the unique character and high quality of construction for each home at Eagle Estates and to ultimately protect one of the most important investments in your lifetime. Vision Eagle Estates is envisioned to be a distinctive neighborhood that is in visual harmony with the hillside landscape, using appropriate colours and materials. This will be achieved through generous usage of natural timbers, wood trims and stone in its architecture and integration of rock and landscaping into a finished product that relates to and enhances the surrounding environment. Diversity and variety of homes are encouraged while respecting neighbourhood cohesion and integration. Governing Bylaws and Regulations 1. The guidelines should be read and considered in conjunction with the City of Abbotsford’s applicable bylaws, regulations and policies regulating site coverage, setbacks and building heights. 2. The lot owner is responsible for identifying restrictive covenants, easements, rights of way, drainage and setback requirements as established by the relevant municipal and/or other government authorities. 3. The lot owner may request a variation from the minimum setbacks as established by the City of Abbotsford to better site a dwelling. Building Siting 1. The siting of each home must take into consideration the pre and post‐development slope and natural characteristics of the lot in relationship to the street and neighbouring lot(s)/home(s). Overarching or overshadowing neighbouring houses and yards shall be avoided where possible. 2. A lot grading plan showing spot elevations and any retaining walls must be included on the site plan.
Retaining Walls 1. All finished grades are to comply with the City of Abbotsford approved grading plan, which may be obtained from the Developer. There shall be a smooth transition of grade or ground level from lot to lot. Changes to the lot shall not negatively affect the designed drainage plan for the area. 2. Where retaining walls are required, they shall not exceed 1.2 meters (4 feet) in height above the finished grade. Retaining walls shall only be constructed of natural rock or landscaping masonry units (e.g. Allan Block) and are to meet the approval of the Design S e c o n d E d i t i o n M a r c h 2 0 1 0 P a g e 3 o f 19 E a g l e
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D e s i g n G u i d e l i n e s Controller. Where retaining walls exceeding 1.2 meters are approved, they shall be engineered for structure and drainage. 3. When retaining walls are used in greater than 2.0 meters height they shall be stepped or terraced with minimum 1.0 meter depth planting strip(s) in between to break up the wall surface. 4. Where retaining walls have been constructed by the developer on existing lots, they cannot be altered without express written permission from the City of Abbotsford. 5. All retaining walls shall comply with municipal bylaws/requirements, and meet engineering and geotechnical standards, where applicable. Building Size, Types and Massing 1. Each two storey dwelling unit shall contain a minimum of 2400 sq. ft. of living area, not including the floor area of any basement or garage. 2. Each single storey dwelling shall contain a minimum of 2800 sq. ft. of habitable living area, not including the floor area of any basement, garage or exterior storage or workshop. 3. Sizes that do not meet the minimum floor areas listed above will be considered if massing and appearance is suitable. 4. Basement entry plans will only be approved if the Design Controller deems the plan to be appropriate for the site for which it is proposed and is consistent in design and quality with the surrounding homes. The Consultant may approve exceptions to the minimum size if deemed appropriate. 5. No dwelling or building shall contain a rental unit and/or secondary accommodation of any kind shall be developed or permitted without the express written consent of the Developer 6. The Developer’s Design Controller will consider the compatibility of the height, massing and siting of each home submitted for approval as it relates to the neighbouring homes and home sites. This is important due to the sloped nature of the building sites. Particular attention must be paid to the treatment of downhill elevations to avoid the appearance of any massive three storey walls. Driveways & Garages 1. Stamped concrete, smooth saw‐cut coloured concrete or interlocking pavers are approved driveway materials with colors to be compatible to the building’s color scheme. 2. Asphalt driveways are not permitted. 3. Secondary driveways to rear yards or accessory buildings are encouraged to be flagstone or paving stone finish for the travelled portion, to create a softer landscape appearance. 4. All garages must have closing doors styled or suited and trimmed to the architecture of the house. (No carports or garages without doors are allowed). 5. A minimum of two enclosed resident parking spaces plus two exterior visitor parking spaces (within context of the driveway is acceptable) must be accommodated and identified on the plans. 6. Maximum driveway slope is to be consistent with the City of Abbotsford building regulations. S e c o n d E d i t i o n M a r c h 2 0 1 0 P a g e 4 o f 19 E a g l e
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D e s i g n G u i d e l i n e s 7. Driveway locations and colours must be approved by the Developers Design Controller. Exterior Design 1. Each home must be designed according to its home site and view opportunities. Unless approved by the Developer or its Design Controller in writing, the same home design must not be repeated, including any reversed or mirror images of house designs. 2. The use of minimum three (3) different cladding materials, plus attention to quality and detailing, are essential. The following guidelines must be adhered to: Cedar and HardiPlank siding, stucco, brick and stone, or a mixture of these are the approved exterior materials. 3. Trim boards and other exterior detailing shall be used consistently on all faces of the exterior to avoid a front and back appearance. Minimum dimensions shall be 2”x6” on window and door trims, 2”x8” for fascias and 1”x6” on 2”x12” for gable ends. 4. The use of brick or stone veneer is required on a minimum 25% of the primary street façade and shall be even‐toned and complement the other exterior colours. The stone or brick must wrap around corners a minimum of three (3) feet or to the first wall projection/intersection. 5. All exposed concrete foundation walls (over 8” above grade) are to be finished to match the house exterior. 6. Exterior lighting should be subtle (dark sky type) and not intrude on the neighbours. 7. Satellite receiving dishes shall be mounted discreetly and not on rooftops or in any yard area visible from the street. 8. Chimneys, either facing a street or where easily viewed from a street must be of an approved brick, stone or stucco and must complement the existing home. Exterior Colors In general, exterior colors should be chosen to give the appearance of quality complementing the natural stained timbers, wood trims and brick/stone façade. Bright garish colours are not acceptable. Colour samples are required for approval. Adjacent homes or buildings within a 4 lot radius shall not use the same or matching colour scheme. Roof Design 1. Roofing materials shall be cedar shingles or shakes or treated shake/shingle, IKO Armourshake or slate style tile. 2. A minimum roof pitch of 8/12 is required with front facing gables to be minimum 12/12. All roof designs will be considered by the Design Controller on a case by case basis. 3. Overhangs shall be a minimum of 18”. 4. Gables and dormers are encouraged to break up large roof areas. 5. Roofing materials are restricted to the browns, charcoal grey to black range of colours and in even tones. 6. All roof stacks, flashings, etc. shall be painted to match the roof colour. All metal chimney pipes seen from the street are to be enclosed with a brick or stone chimney. S e c o n d E d i t i o n M a r c h 2 0 1 0 P a g e 5 o f 19 E a g l e
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D e s i g n G u i d e l i n e s 7. Gutters and rainwater leaders and soffits are to be painted to blend with the exterior finish. Landscaping 1. A landscape plan must be submitted to the design controller for approval prior to landscaping; 2. All front and side yards shall be landscaped within three (3) months of substantial completion of the house construction and shall meet the approval of the Design Controller. 3. All front yard areas shall be landscaped with trees, shrubs or flowerbeds and designed to complement the grades and slopes of the lot 4. One tree, a minimum of 6‐cm caliper in width, must be included in the landscape design. Eco‐Responsible Design Eagle Estates is an eco‐friendly and environmentally sustainable community of the future through energy/resource efficient designs and systems and the use of renewable, non‐harmful materials and finishes. The homes at Eagle Estates are encouraged to be built with eco‐responsible principles in mind with consideration of the following features: • Dual or low flush toilets; • Water conserving faucets and showerheads; • Wood flooring and cabinets; • Energy efficient windows; • LED and smart lighting systems; • Energy star‐rated appliances; • High efficiency HVAC or geo‐thermal systems; • Low VOC paints Fencing 1. No fence shall be erected in the front yard of any lot. 2. In the case of corner lots, the front yard includes the flanking street side forward of the house. 3. Fences are permitted in side yards and backyards at a maximum of 1.8m and should be an extension of the home’s architecture. 4. Natural screen shrubbery or hedging is recommended as an alternative to fencing. 5. Chain link fences are restricted to a maximum of four (4) feet height and must be black coated. Recreational Equipment & Accessory Buildings 1. Trailers (including RV’s and motorhomes), boats, recreational equipment or other similar equipment stored on the lot shall be stored inside the dwelling unit or accessory building or behind fencing or screening, not to be visible from the street or public view. 2. Accessory buildings must be designed to match and complement the primary residence in its finish and colour. S e c o n d E d i t i o n M a r c h 2 0 1 0 P a g e 6 o f 19 E a g l e
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D e s i g n G u i d e l i n e s Construction Protocol 1. At all times during the course of home construction, the owner or builder shall maintain their lot(s) in a clean and orderly fashion and free of any significant debris. All construction debris shall be removed from the Development. Time shall be of the essence in removing debris from the site. 2. The sidewalk and road in from of each lot shall be cleaned daily by the Builder during the course of construction. 3. No material or debris may be dumped or stored on adjacent lots. 4. There shall be no burning of garbage on the site and no washing of concrete residue into the storm sewer. 5. Builders found negligent will be charged for clean up carried out by the Developer. 6. No adjacent lots shall be used for access unless access is approved by the Developer or lot owner. 7. Within 30 days after substantial completion of the exterior of the house, the owner or builder shall not allow any debris to remain on or about the site. 8. Curbs and sidewalks must be protected during construction. Any damage to any services abutting the building lot will be charged against the Builder’s security deposit. 9. No purchaser/owner having commenced construction shall discontinue the construction of a dwelling or ancillary building and landscaping but shall continue diligently to complete the same in all respects in accordance with the plans and specifications approved by the Design Controller. Acknowledgement and Amendment 1. If any provision herein is determined to be void or unenforceable in law, in whole or in part, such offending provision(s) may be removed and shall not affect or impair the enforceability or validity of any other provision contained herein or any part thereof. 2. The Developer and the Design Controller assume no responsibility for the completeness or accuracy of the information contained herein, and shall not be liable for any potential losses or damages to a buyer/owner resulting from its use. 3. Nothing contained within these design guidelines will create or impose any liability on the Developer or the Design Controller for the actions or omissions of the property owner. 4. These design guidelines may be amended from time to time without prior notice at the sole discretion of the Developer, acting reasonably; however, the Developer will make best efforts to inform buyers/owners of any significant change(s) made to the design guidelines via www.eagleestates.info or through any other written notice. APPROVAL PROCESS Approval of Builder/Contractor Prior to plans receiving approval from the Design Consultant, the Builder/Contractor must be approved by the Developer. The approval by the Developer is in the absolute discretion of the Developer. The purpose of this approval, as with the intention of the Design Guidelines, is to enhance the development so neighbouring properties maintain their value. Homes must be built by a licensed builder approved by the Developer. Plans submitted to the Developers design controller for approval must be submitted by the approved Builder representing the homeowner. Security Deposit S e c o n d E d i t i o n M a r c h 2 0 1 0 P a g e 7 o f 19 E a g l e
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D e s i g n G u i d e l i n e s At the time of purchase, a design compliance deposit of $15,000.00 and “Schedule A Building Scheme Compliance Agreement” (attached hereto) shall be lodged with the Developer to: 1. Ensure compliance with the Building Scheme and the Schedule of Restrictions. 2. Ensure that front and side yard landscaping is completed. 3. To repair any damage to neighbouring properties or subdivision services including, without limiting the generality of the foregoing roads, curbs, street lights, sewer lines and water lines. 4. To carry our any street cleaning or clean up any neighbouring areas or properties required as a result of the construction of the house on the lot. This deposit will be returned after all work, including house construction, landscaping on front and side yard, and cleanup has been done to the Developer and Design Controller’s satisfaction. Approving Authority and Design Controller’s Role 1. No building or other improvement work shall be constructed or undertaken on any lot until detailed plans showing compliance with the guidelines have been approved in writing by the Developer’s Design Controller, Precision Building Design Associates Ltd., or such other architectural design firm or person appointed by the Developer from time to time as the Design Controller. Improvement work includes grading, filling, cleaning or other preparatory work done on the lot. 2. All submissions for approval pursuant to the Building Scheme shall be made to the designated Design Controller with a $500.00 non‐refundable plan review fee payable to the Developer’s Design Controller, “Precision Building Design Associates Ltd.” 3. The Builder is responsible for ensuring that the house fits within the building envelope and meets all zoning requirements set out by the City of Abbotsford. 4. Acting reasonably to enforce the design guidelines, the decision of the Design Controller is final and the lot owner/applicant agrees to be bound by such decision(s). 5. The Design Controller reserves the right to grant special approvals on house designs for specific lots which do not comply with the provisions set out in the design guidelines in all respects, if in the opinion of the Design Controller, the design is architecturally acceptable; and upon any such special approval(s) being given in writing, the provision(s) of these design guidelines shall be deemed to be modified, amended or enlarged to allow for such special approval(s) on such specific lot(s) only. 6. Any application for special approval for variance(s) from these design guidelines must be submitted in writing and must detail the specific provision(s) of the guidelines that are the subject of the variance application, together with the proposed variance(s) plus reasonable explanation or justification. 7. Notwithstanding the generality of the foregoing, nothing herein shall be construed as imposing an obligation on the Design Controller to accept, consider or approve a request for a special approval for variance from the design guidelines, and the Design Controller may reject any such application(s) as his/her discretion. 8. These design guidelines and the approval process are benefits and services provided by the Developer to the lot owner and/or builder. 9. If multiple reviews (more than two) for the same lot are required, additional review time will be invoiced by the Design Controller to the lot owner/applicant on an hourly basis at $120.00/hr. S e c o n d E d i t i o n M a r c h 2 0 1 0 P a g e 8 o f 19 E a g l e
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D e s i g n G u i d e l i n e s Preliminary Design Review 1. It is recommended that the Builder submit an initial preliminary proposal for the type of house being considered to the Design Controller prior to purchase or drawing of final plans. At this time, the Design Controller can check the preliminary plans for compliance with the general intent of the neighborhood. Final Design Approval 1. Before applying for a building permit, the $500.00 review fee and two (2) sets of 24”x36” plans, and one (1) set of 11”x17” including site plan, floor plans, elevations and sections, noting all materials and systems to be used together with actual exterior colour samples, must be submitted to the Design Controller for approval. 2. The attached Schedule B shall be filled out and included with the submission of two (2) sets of 24” x 36” plans , and one (1) set of 11” x 17” (kept for reference by the Design Controller). 3. The Design Controller may approve or arbitrarily reject the plans and specifications and, too, affix the time limit during which any approval shall be valid. 4. Two sets of drawings marked “Approved” and signed by the Developer’s Design Controller shall be returned to the Builder for submission to the City of Abbotsford for a building permit submission. Once an application is approved, any subsequent change(s) must be approved in writing by the Design Controller prior to proceeding with the proposed change(s). Interim Building Review 1. The Developer and Design Controller may carry out on‐site inspections during construction to ensure compliance with approved plans. 2. Changes to the approved design must be made in writing or reviewed on‐site during inspections for approval. 3. Changes without approval must be rectified. Failure may result in the loss of all or a portion of the security deposit. Final Building Approval 1. Upon final completion of the house and all required landscaping, the Builder shall request a final inspection from the Design Controller who shall inspect the project and issue a site inspection report to the Developer if all is in compliance with the approved drawings. 2. If any of the work is not in compliance, the Design Controller shall issue the Builder a list of deficiencies to be completed. 3. Once approval is granted, the Design Controller will immediately forward the approved inspection report to the Developer for the release of the security deposit. If damages have been detected to the municipal services, all or part of the security deposit may be held back until the damages have been repaired to the satisfaction of the Developer and/or City of Abbotsford. S e c o n d E d i t i o n M a r c h 2 0 1 0 P a g e 9 o f 19 E a g l e
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D e s i g n G u i d e l i n e s Schedule A BUILDING SCHEME COMPLIANCE AGREEMENT The Purchaser, _____________________________ will, upon closing, deposit with the Developer, the sum of FIFTEEN THOUSAND ($15,000.00) DOLLARS (hereafter called the “Security Deposit”), as security for ensuring the performance by the Purchaser of all the terms and conditions set forth hereby and in the Building Scheme and Schedule of restrictions. The Security deposit shall be held by the Developer. The Purchaser agrees that he has read the Building Scheme and Schedule of Restrictions and understands them and agrees to be bound by and comply with all the conditions herein. The Security Deposit shall be held in trust by the Developer until all restriction have been met, however, should the Purchaser refuse or neglect to comply with the Building Scheme and Schedule of Restrictions, the Security Deposit may, at the absolute discretion of the Developer, be applied towards those things he may deem necessary to obtain compliance. In the event that the Purchaser fails to comply with the Building Scheme and Schedule of Restrictions within the time period provided, the developer may cause to be corrected any deficiencies at the expense of the Purchaser and apply the Security Deposit to the cost of correcting the same. Any excess cost over the deposit amount, including legal costs on a solicitor/client basis, shall be recoverable as damages against the Purchaser and shall form a charge against the lot. Upon the Developer being satisfied that the Purchaser has complied with the Building Scheme and Schedule of Restrictions, has completed the construction of the house, has completed the front and side yard landscaping and there has been no damage to any works or services, then the Developer shall return the Security Deposit (or so much as is then remaining should any portions have been used to correct deficiencies to the Purchaser, without interest) as per the following schedule: 1) $10,000.00 upon completion of the construction of the home together with front and side landscaping. 2) $5,000.00 upon the City of Abbotsford giving Certificate of Approval of the subdivision after the one year warranty period has lapsed. Approved and Agreed this _____ day of ______________________, 201__. BY THE DEVELOPER BY THE PUCHASER(S) Per : ___________________________ _______________________________ The $15,000.00 Security Deposit is hereby acknowledged. The Developer Per: __________________________ S e c o n d E d i t i o n M a r c h 2 0 1 0 P a g e 10 o f 19 E a g l e
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D e s i g n G u i d e l i n e s Schedule B DESIGN REVIEW APPLICATION Lot Number: _______________________________________________________________________ Owner’s Name: _____________________________________________________________________ Address: ______________________________________________ Phone: _______________________ Email: ________________________________________________ Fax: _________________________ Owner’s Agent (if applicable): __________________________________________________________ Address: ______________________________________________ Phone: _______________________ Email: ________________________________________________ Fax: _________________________ Home Designer or Architect: __________________________________________________________ Address: ______________________________________________ Phone: _______________________ Email: ________________________________________________ Fax: _________________________ Landscape Designer: ________________________________________________________________ Address: ______________________________________________ Phone: _______________________ Email: ________________________________________________ Fax: _________________________ Geotechnical Engineer: ______________________________________________________________ Address: ______________________________________________ Phone: _______________________ Email: ________________________________________________ Fax: _________________________ Builder/Contractor: ________________________________________________________________ S e c o n d E d i t i o n M a r c h 2 0 1 0 P a g e 11 o f 19 E a g l e
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D e s i g n G u i d e l i n e s Address: ______________________________________________ Phone: _______________________ Email: ________________________________________________ Fax: _________________________ Submit two full‐size set of plans to scale and one set of plans 11” x 17” of the following: • Survey Plan • Site Grading & Drainage Plan, Landscape Plan including retaining wall locations and materials. • Floor Plan(s). • Cross Sections. • Elevations. • Colour Chart and Material Samples. • Any other drawings, photos, material or information and Letter of Authorization from Owner (if Agent used) as may be applicable. S e c o n d E d i t i o n M a r c h 2 0 1 0 P a g e 12 o f 19 E a g l e
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D e s i g n G u i d e l i n e s Schedule C INSPECTION REPORT Inspection Report: Curbs, sidewalks and other City Services (streetlights, sewer lines, and water lines). Date: ___________________________ Lot # ___________________________ Civic Address: _______________________________________ Inspection of the lot noted the following deficiencies: __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ These deficiencies are noted and marked on the attached plan and are the responsibility of the developer of the Developer’s contract and will be repaired by the Developer’s contractor prior to the Certificate of Completion being issued by the City of Abbotsford. Any additional damage to curbs, sidewalks, streetlights and other city services not noted above are the responsibility of the Builder and shall be repaired at the Builder’s expense to the date of the “Certificate of Completion” as outlined in the Design Guidelines. Approved and agreed this _______day of _______________________, 201__. BY THE DEVELOPER Purchaser acknowledges no site deficiencies Per: on the Lot. _____________________________ _________________________________ S e c o n d E d i t i o n M a r c h 2 0 1 0 P a g e 13 o f 19 E a g l e
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D e s i g n G u i d e l i n e s Schedule D
OUR VISION IN PHOTOGRAPHS S e c o n d E d i t i o n M a r c h 2 0 1 0 P a g e 14 o f 19 E a g l e
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D e s i g n G u i d e l i n e s S e c o n d E d i t i o n M a r c h 2 0 1 0 P a g e 15 o f 19 E a g l e
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D e s i g n G u i d e l i n e s S e c o n d E d i t i o n M a r c h 2 0 1 0 P a g e 16 o f 19 E a g l e
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D e s i g n G u i d e l i n e s S e c o n d E d i t i o n M a r c h 2 0 1 0 P a g e 17 o f 19 E a g l e
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D e s i g n G u i d e l i n e s S e c o n d E d i t i o n M a r c h 2 0 1 0 P a g e 18 o f 19 E a g l e
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D e s i g n G u i d e l i n e s E N D O F D O C U M E N T S e c o n d E d i t i o n M a r c h 2 0 1 0 P a g e 19 o f 19