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Home My WebLink AboutKingsbridge Subdivision AZ RECEIVE: APR 06 2005 olfe;Úiáll "\ ~"'HO ò. . .""" ""."", ,,' r..' City Of Meridian City Clerk Office STAFF SUMMARY OF PLANNING AND ZONING COMMISSION RECOMMENDATION TO CITY COUNCIL Transmittal Date: April 7, 2005 Project Name: Kingsbridge Subdivision Case No(s): AZ-05-003/PP-05-004/CUP-05-004 Applicant: Vision First, LLC P&Z Commission Hearing Date(s): March 3, 2005 Recommendation: Approve with conditions A. Summary of Public Hearing: I. In favor: Ken Ellíott (Applicant's representative), Bob Kell 2. In opposition: Brady Turner (Dartmoor Homeowners' Association), Lesa Becker, Bob Becker, Frank Shoemaker, David Lavigne, Bradford Dedman, Kava Rich, Laurie Allen, Lee Moncarr, David Seegmí1ler, Chantelle Krasinski 3. Commenting: Julian Hí1l 4. Staff presenting application: Anna Canning for Craig Hood 5. Other staff commenting on application: None B. Key Issues of Discussion by Commission: 1. Proposed density; 2. Compatibility of development with surrounding properties; 3. Transitional lot size and '~estate" lot size; 4. Limiting homes on the perimeter of the development to single story; and, 5. Traffic. C. Key Commission Changes to Staff Recommendation: The Commission amended the staff recommendation by adding the commitments made by the applicant in the letter dated March I, 2005 to the Planning & Zoning Commission. Here is a summary of the Commission's recommended changes: I) The applicant shall reduce the number of buildable lots from 130 to 125, by removing an additional five lots from the southerly boundary of the development; The applicant shall limit 22 of the 44 perimeter lots to single story dwellings (see Exhibit "E" for lots to be restricted); 2) 9) 10) 3) The applicant shall construct a concrete sidewalk, curb and gutter along the north side of the existing Dartmoor Drive, from the bus stop on Eagle Road to connect with the Dartmoor Drive extension in the subject development; The applicant shall install a painted crosswalk across Dartmoor Drive, from Gideon Place; The applicant shall install a painted stripe delineating a pedestrian walkway along the south side of the existing Dartmoor Drive; The applicant shall install vinyl privacy fencing extending along the north property line(s), and install either 5-foot wrought iron or 6-foot vinyl privacy fence on all other project perimeters; The applicant shall impose a 25-foot rear yard setback on all perimeter lots; Along Zaldia Lane, the applicant shall construct a 5-foot wide landscape strip, south of the 6-foot vinyl privacy fence. An evergreen tree shall be installed every 20-feet on center within the landscape strip; The applicant shall construct a berm (maximum 4:1 slope) within the 20-foot wide buffer strip along Zaldia Lane. Said berm shall produce a total vertical screen of II-feet (6-foot privacy fence on top of a 5-foot berm). Vertical screen height to be measured from the Zaldia Lane/south property line established grade; The applicant shall pipe the tail ditch from the Dartmoor irrigation pond (along Eagle Road, north ofDartmoor Drive) through the site. 4) 5) 6) 7) 8) The above-listed changes are detailed in bold and underlined in the proposed Exhibits "D", "E" and "F". D. Outstanding Issue(s) for City Council: . As noted above, the applicant has committed to making certain improvements, imposing additional restrictions and incorporating design features as part of developing Kingsbridge Subdivision (see March 1,2005 letter from Vision First, LLC). Although the P & Z Commission has recommended adopting these commitments as conditions of approval in Exhibits "D", "E" and "F", staff realizes that additional changes to the exhibits may be necessary depending on Council action (see April 6, 2005 letter from Vision First, LLC). Staff has discussed some of the potential changes with the applicant and neighbors in the area (e.g - new preliminary plat reference, revised site plan, clarifying previous commitments, adding new conditions, etc.), and if shmificant chanl!es are reauired bv the Council. staff recommends that the Findinl!s and/or Exhibits be remanded back to staff to reflect the Council's action prior to adoptionlshmature. . Site Specific Condition #7 of Exhibit "F" requires the applicant to create a new 5- foot wide landscape strip abutting Zaldia Lane. Staff is unclear as to how the applicant is to construct this landscape strip. The sixth bullet of Condition #7 requires the applicant to construct the 5-foot wide landscape strip on the south side of the 6-foot vinyl fence (perimeter). However, the second bullet of Condition #7 requires the applicant to fence the perimeter of the property. This would seem to make the landscape strip requirement off-site. Further, the seventh bullet of Condition #7 requires the applicant to construct a 5-foot tall berm adjacent to Zaldia Lane. The berm is to be a maximum 4:1 slope but is only proposed within a 20-foot wide lot. To maintain a 4: I slope on both sides of a fence constructed on top ofthe berm, a 40-foot wide lot is required. To clarifv how the 5-foot wide landscape striP. fencinl! and berminl! along Zaldia Lane/southern perimeter is to be constructed. staff recommends that the Council obtain clarification from the applicant regardinl! the improvements to be made abutting ZaIdi en Zerua Subdivision. Staff further recommends that the applicable bullets in Site Specific Condition #7 of Exhibit "F" be modified accordinl!lv. NOTE: The applicant is also proposing to narrow the waste pipe easement north of Zaldia Lane (south side of plat) from 20-feet to 15-feet wide, with pipe installed 5- feet from the southerly easement boundary, to maintain 10- feet of separation from 5-foot wide landscape strip to the pipe. The Nampa-Meridian Irrigation District (NMID) does not typically allow trees within their easements and wí1l have to approve this change and any landscaping within their easements. If the applicant is unable to obtain NMID's approval, the City Council should consider how the applicant is to improve the berm!landscape area along Zaldia Lane. . The Ada County Highway District (ACHD), Nampa & Meridian Irrigation District, and the Central District Health Department have submitted additional comments for this project. These comments have been included in Exhibits "E" and "F". E. Preliminary Plat, Site Plan and Landscape Plan 1. Date of Preliminary Plat: March 2, 2005 (revised) 2. Date of Site Plan: January 14, 2005 3. Date of Landscape Plan: January 14, 2005 F. Recommended Conditions of Approval (by Commission, if applicable) See attached Exhibits "D", "E" and "F" EXHIBIT A Kingsbridge Subdivision AZ-05-003 Legal Description (3 pages) FOX Land Surveys, Inc. 4696 Ov.",.. R., $TI! 162 j Bois. Id.h. j 83705 j 208.342.7957 j 208-342.7437 FAK PROPOSED KINGSBRIDGE SUBDIVISION lOT 11, BLOCK 2 OF DARTMOOR SUBDNISJON WITHIN A PORTION OF THE SOUTH Y, OF THE NORTHWEST 1'" AND, THE NORTH Y, OF THE NORTHWEST Y. OF THE SOUTHWEST 1'" SECTION 28, TOWNSHIÞ 3 NORTH, RANGE 1 EAST. BOISE MERIOIAN, AoA COUNTY, 10AHO lot 11. Block 2 of Dartmoor Subdivision within a Portion of Tha South }\ of the Northwest J.\, and, th.. North }\ of the Northwest J.\ of tha Southwest 1'., Sachon 28, Township 3 North, Range 1 East, Baise MBridian, Ada County, IdahO, more particularly described as fallows: Baginning at a found Brass Cap Monumant marking the Northwest Corner of Section 28, Township 3 North, Range 1 East, Boise Meridian, from which a found Brass Cap Monument marking the J.\ Comer common tD Sections 21 and28 bears Sauth89'3(j'03" East a distance of 2,657.34 fael, thence along the boundary common to Sactions 28 and 29 of said Township Bnd Range, South 00'27'43" West, a distance of 2;641.93 feet to a found 518" rabar with no cap, sat plastic cap stamped 'FLSJ PlS 7612', marking the 1'. comer common to Sections 28 and 29 Df said TownShip and Range, the TRUE POINT OF BEGINNING; thence along the Easl-West center line of Section 28, South 89'23'38" East, a distance of 45.00 feet to e set SIB" rebar with plestic cap stamped 'FlSI PlS 7612" on the Easterly right-of-way of Eagle Road, marking the Southwest comar of lot 11. Block 2 of Dartmoor Subdivision; thence along said Easterly right-of-way of Eagle Road and the Wastarly boundary of said lot 11, Block 2 of Dartmoor Subdivision, North 00'27'43" East a distance of 60,00 feat 10 asal5l8" rebarwilh plastic cap stamped "FlSI PlS 7612" at the corner cammon to Lol 11 end lot 16 of said Dartmoor Subdivision: thence along the boundaries of said Lotl1. Block 2 of Dartmoor Subdivision the following courses and distances South 89'23'38" Eas' a dlstancs of 628.24 teet a point, from which a found y," rebar with plaslic cap stamped "DHR PLS 3624" bears North 00'25'38" East a distance of 0,63 feet~ North 00°25'38" East a distance of 228.03 feel to a set 518" rebar with plastic cap stamped 'FLSI PlS 7812" North 12'21 '38" East a dIStance of 201.79feet to the southwest right-of-way ofeas! Dartmoor Dnve; South 89°25'57" East a distanceof81,12 feet to the northeasl right-of-way of Easl Dartmoar Drive; North 46'52'10" East a distance of 164.ü1 feet to a set 51B" rebar with plastic cap stamped 'FLSI PlS 7612", North 00'30'11" East a distance of 723.88 feet 10 the Northwest corner of said Lol 11, Block 2 of Dartmoor Subdivision, from which a found W rebarwith plastic cap stamped "DHR PlS 3624" bears South 00'30'11' Wast a distance of 0,44 feet; thence along the Northerly boundary of said lot 11, Block 2 of Dartmoor SubdivisiDn and the North 1/16'" line of Section 28, Sooth 89'30'16" East a distance of 1,741.56 feet to the Northeast corner 01 said Lot 11 and the Center-North 1116~ cornarof Section 28, marked by a set 518' rebar with plastic cap stamped 'RBI PLS 7612'; thence along the Easterly boundary of said lol11, 81ock 2 of DBrtmoor Subdivision and the North-South centar line of Section 28, South 00'29'23' West a distance of 1,325.46 leet to a lound 1 incl1lron Pin with no cap, set aluminum cap stamped "FlSI PLS 7612" marking the Southaast corner of said LOllI and the Center of Section 28; lt1ence along the Southerly boundary of said Lot 11, the East-West center line of Section 28, and the NDrtherly boundary of Kunz Hollow Subdivision, North 89°25'12" West, a distance of 1,328.13 feat to a found 5l8" rebar with plastic cap stamped "lS 2723" marking tha Centar-Wast 1/16" corner of Section 28 and the Northwest corner of Kunz Hollow SUbdivision. thence aloog the West 1116lli line of Section 28 and the Westerly boundary of Kunz Hollow Subdivision, South 00'33'59" West, a distance of 661.38 feet to a found 518" rebar with plasticcep stamped "EHM 3260" marking the Southwest corner lIteraof end the Northeasl corner of Zaldien Zarua Subdivision: thence along the Northerly boundary of Zaldien Zarua Subdivision end tha Westerly e>dension thereof, North 89'21'45" West a distance of 1,328.54 feel a point on the Westerly boundary of S""tion 28 and the center line of South Eagle Road, merked by a set 518" ",bar with plastic cap stamped "RSI PlS 7612"; thence eloog said Westerly boundary of Section 28 and the center line of South Eagle Road North 00'37'13' East.. a distance of 660.65 tea1 to Ihe TRUE POINT OF BEGINNING, ~--~, Coolaining 3,341,734 square feet, 76]16 acres, more or less. Subject tD existing easements and rights-of-way as any may exist, of record or not of reoord Timothy j, Fox, PLS 7612 The Basis of Beanngs for this description is between the found Bress Cap Monument marking Ihe Northwest Corner of Section 28, Township 3 North, Range 1 East Boise Meridian, and t~ found Brass Cap Monument marking the '" Corner common to Seclions 21 and 28 which baars South 89°36'03' East a distance of 2,657,34 feat "",--~" _!.1"""~." \~~.r.i'~.'.~;'~.:\;,;.~.\.' ) 1-~ ,.. ~4~> END OF DESCRIPTION m"" W""""""""'"""""j""j~-"",~.,..,oo.y.o~",.. EXHIBIT B Kingsbridge Subdivision PP-O5-004 Approved Preliminary Plat --.- 0) i¡~ II ¡i-,,' ,~ I' !j',1 '~ lj-""i¡"." ~ïll,:r'!' 'il.. . ,;' , ¡;¡!'~ ¡ ; ! ! ¡ i ~! ¡ 1 ! ~ li~ ¡¡,!~p':i:W,!¡¡g ,,¡;" :," i! -! ~ '~¡:~, ¡; ;1¡;']! ¡ ¡ ¡~ co, B;U~~i~I~~ ~~~~g~i~;~ iU~!~UI;! "': " ~~~,;~!F~'J!_'j~':J';~~~~~1Ij ill" i""!. ri'q ¡"i ¡"i.. ~¡.':<¡ \'~:.I':~ \,~¡ ";'i ¡'¡II ,!,¡, ¡i,', i'ii/!' ¡¡¡j'¡'¡~ '~~;~'¡!(¡f"¡"",,,,~¡!!,~,¡'!I~ 'i!'i;'!n'i':'~¡¡jrírri! i¡;' I! KINQS:::D~NS~ci;,~':;'S10" ' ¡ii I' i !¡lm~i¡¡!!¡Ffl¡~!¡jj)!d¡'I'¡Ü¡i¡~ fi'!;¡~~..~¡¡!¡;i':~¡îll.j¡'.h;.~¡' ¡~f .',:1'1 ¡I!., f ' Ii II~" ¡ ;j~Ji!:j.í.~U!,J,!n!.¡!.¡.¡!lì~¡~- ! 'I ¡ß I,IV'I' . I¡ , , ,\ ,1 ~, I, , I: ¡Id....¡;!..¡j,i~! i. ! ¡!,' ¡ hI! !"'.' ¡',',;;:¡;!e;~!¡;;:~¡¡¡ìl¡¡ì.~!, !;llt""lflk!!¡I!!¡Hd ¡' " !ì i;¡ !¡¡¡ !1 Hi ~ 1. ~. ¡¡ ¡ ! ¡IH-:II! '- ¡, ;!¡~1¡~I!'IM"~;¡!¡¡!! t-. ~ ¡If r.~ I, !"" \ Î. ¡! : i iI. " ~r~-"¡;~¡,!i~I!í!!: ' !!~ i!.'...~. ¡II' ¡ ¡: ¡i. : ' !j ¡ ¡ ~i!. : . !" I';" ,~;;,.: I ' - .1. -, ! 'I ,j;! 'iil! 11 ~ ':1 : Î ¡I! ! !. I~i ';'~~tq L \~..~ ) ,,<,--- \? EXHIBIT B Kingsbridge Subdivision PP-O5-004 Approved Preliminary Plat '--- #) --~ I t;¡:wnpww!~ ~j';;::;:;;i¡;~ lillllilill r' i ¡' '.' !I~:¡¡ ¡Ii!;! ¡~ID ;;1!11 'I' q" j,., J ..:, -,;:"-~=;,, i,g i . ",òW.<!g WI:! ¡¡;, ¡,II ¡¡¡~'¡í \¡,rl'i 1m: j~i¡ 11;, ri¡' :~ji¡f¡~ ,:,¡: :q ;:~! ¡¡'F ¡¡';' ¡i KINGSBRIDGE SUBDrvIS!ON M~J<lD!AI<. IDAHO EXHIBIT C Kingsbridge Subdivision CUP-O5-004 Approved Site Plan (2 pages) ¡~f-'- y .-- ~ i. ¡;;.:;':~.'.....".F.;>:..-.......::-....~ " >,:>~-,,-> I'" j:;:'ii ,.) I "1' - Lj, ", '.j{ 'I I ii,,! '-I [ ii ~I,-I !,~ ~I' (.; .' ¡ï:i- øì ~) ¡ In~ ! ¡Ui~I'.! rl! f; 1'.ru >,1 L "/ I' ¡if. t- [ . ,0' ¡ ,-- "1 n- Ie . . .". .. '. 'i : I '::,.11 ~ , ", ' ì II i ~ ì~NI:I"IiIPII!I'~U"'!4m!!mi¡II'" d" "lIi "¡¡¡¡~~III ~i!!I!""'1!1 KINGgURJDGK SlJUDfV1SION MeRIDIAN, IDAHO ~n ~"O ~~~ ~~5 U ,,' . "II ¡¡ If; ~i?-:'~~~:~~,t rr', ~;'t - 11S !~ ~ .. J/ . . .. II' .. : ,! :¡¡"lI~. iìli!'l¡:IIIiIlHI~jI~¡¡IIII!!!!!!¡!i¡..:{!i ~I~I 'I'¡I" ""IINnl"'I',IIIIo!"¡i '. I II II ¡iF q' "',' " ! KINQSBRII'GE SUBIWISION ME"Il.HAN, IDAHO '0 ¡¡ -~"",I Ii ;1 2 ¡jiT 'I. ,,' ¡"!!I! J: -=.__:_~.¡ ¡ - ~i I Iii! " ilL! : ¡ @ if! .,' ,,, EXHIBIT D Kingsbridge Subdivision AZ-O5-003 Annexation and Zoning Comments The ap{)licant has made the followinl! commitments to be included as conditions of a Development Al!reement (DA). A development al!l'eement will be required as part of annexation of this propertv. Prior to the annexation ordinance approval. a DA shall be entered into between the Citv of Meridian. the propertv owner(s) (at the time of annexation ordinance adoption). and the developer. The applicant shall contact the Citv Attomev. Bill Narv. at 888-4433 to initiate tWs process. The DA shall incoroorate the following: 0 That the applicant shall construct a concrete sidewalk. curb and I!utter atoDl! the north side ofthe existing Dartmoor Drive. from the bus stop on Eaf!le Road to connect with the Dartmoor Drive extension in the subject development: That the applicant shall install a painted crosswalk across Dartmoor Drive. from Gideon Place: That the applicant shall install a painted stripe delineatinl! a pedestrian walkwav aIonl! the south side of the existing Dartmoor Drive: That the applicant shall install vinvl privacv fencing extendinf! along the north property line(s). and install either 5-foot wroUlmt iron or 6-foot vinvl privacv fence on all other project perimeters: That the applicant shall impose. in the CCR's for Kingsbridf!e Subdivision. a minimum 25-foot rear vard setback on all perimeter lots: That the applicant shall impose a single stOry restriction on specific perimeter lots (see Exhibit E): That alonf! Zaldia Lane. the applicant shall construct a 5-foot wide landscape striP. south of the 6-foot vinvI privacv fence. An everl!l'een tree shall be installed every 20-feet on center within the landscape strip: That the applicant shall construct a berm (maximum 4:1 slope) within the proposed 20-foot wide buffer strip alonl! Zaldia Lane. Said berm shall produce a total vertical screen of ll-feet (6-foot privacv fence on top of a 5- foot berm). Vertical screen height to be measured from the Zaldja Lane/south propertv line established I!rade: That the applicant shall pipe the tail ditch from the Dartmoor irrigation pond (alonl! Eagle Road. north of Dartmoor Drive) throuf!h the site. 0 0 0 0 0 0 0 0 EXHIBIT D Kingsbridge Subdivision AZ-O5-003 Annexation and Zoning Comments The applicant has made the followinl!: commitments to be included as conditions of a Development Al!:reement IDA). A development al!:reement will be reQuired as part of annexation of this pro{lertv. Prior to the aunexation ordinance approval. a DA shall be entered into between the Citv of Meridian. the propertv owner(s) (at the time of annexation ordinance adoption). and the developer. The applicant shall contact the Citv Attornev. Bill Narv. at 888-4433 to initiate this process. The DA shall incorporate the followinl!:: 0 That the applicant shall construct a concrete sidewalk. curb and I!utter alonl! the north side of the existinl!: Dartmoor Drive. from the bus stop on Eal!:le Road to connect with the Dartmoor Drive extension in the subiect development: That the applicant shall install a painted crosswalk across Dartmoor Drive. from Gideon Place: That the applicant shall install a painted stripe delineating a pedestrian waIkwav along the south side of the existing Dartmoor Drive: That the applicant shall install vinvl privacv fencinl!: extendinl! alonl! the north propertv line(s). and install either 5-foot wroul!ht iron or 6-foot vinvl privacv fence on all other proiect perimeters: That the applicant shall impose. in the CCR's for Kinesbridl!e Subdivision. a minimum 25-foot rear vard setback on all perimeter lots: That the applicant shall impose a sinl!le storv restriction on specific perimeter lots (see Exhibit E): That alone Zaldia Lane. the applicant shall construct a 5-foot wide landscape striP. south of the 6-foot vinvI privacv fence. An everereen tree shall be installed everv 20-feet on center within the landscape strip: That the applicant shall construct a berm (maximum 4:1 slope) within the proposed 20-foot wide buffer strip along Zaldia Lane. Said berm shall produce a total vertical screen of ll-feet (6-foot privacv fence on top of a 5- foot berm). Vertical screen heil!:ht to be measured from the Zaldia Lane/south propertv line established erade: That the applicant shall pipe the tail ditch from the Dartmoor irril!ation pond (alone Eal!:le Road. north of Dartmoor Drive) through the site. 0 0 0 0 0 0 0 0 EXHIBIT D Kingsbridge Subdivision AZ-O5-003 Aunexation and Zoning Comments The applicant has made the following commitments to be included as conditions of a Development A2I"eement IDA). A development al!reement will be required as part of aunexation of this property. Prior to the aunexation ordinance approval. a DA shall he entered into between the City of Meridian. the propertv owner(s) (at the time of aunexation ordinance adoption). and the developer. The applicant shall contact the City Attorney. Bill Nary. at 888-4433 to initiate this process. The DA shall incorporate the following: 0 That the applicant shall construct a concrete sidewalk. curb and I!utter alonl! the north side of the existing Dartmoor Drive. from the bus stop on Eal!le Road to connect with the Dartmoor Drive extension in the subject development: That the applicant shall install a painted crosswalk across Dartmoor Drive. from Gideon Place: That the applicant shall install a painted stripe delineatinl! a pedestrian walkwav alonl! the south side of the existinl! Dartmoor Drive: That the applicant shall install vinvl privacv fencinl! extending along the north property liners). and install either 5-foot wrought iron or 6-foot vinvl privacv fence on all other project perimeters: That the applicant shall impose. in the CCR's for Kinl!sbridge Subdivision. a minimum 25-foot rear vard setback on all perimeter lots: That the applicant shall impose a sinl!le stOry restriction on specific perimeter lots (see Exhibit E): That alonl! ZaIdia Lane. the applicant shall construct a 5-foot wide landscape strip. south of the 6-foot vinvl privacv fence. An everl!reen tree shall be installed everv 20-feet on center within the landscape strip: That the applicant shall construct a berm (maximum 4:1 slope) within the proposed 20-foot wide buffer strip alonl! Zaldia Lane. Said berm shall produce a total vertical screen of ll-feet (6-foot privacv fence on top of a 5- foot berm). Vertical screen height to be measured from the Zaldia Lane/south property line established I!rade: That the applicant shall pipe the tail ditch from the Dartmoor irril!ation pond (alonl! Eagle Road. north of Dartmoor Drive) through the site. 0 0 0 0 0 0 0 0 s, EXHIBIT E Kingsbridge Subdivision PP-05-004 Preliminary Plat Site Specific and Standard Conditions SITE SPECIFIC CONDITIONS (pRELIMINARY PLAT) 1. The 3-page preliminary plat prepared by The Land Group, lnc" dated ~ March 2. 2005, is approved with the conditions listed herein, All conditions of the Conditional Use Permit (CUP-OS-004) application shall also be considered conditions of the Preliminary Plat (PP-OS-004), 2, Provide a public stub street to the Blackmer Property (Parcel No, R31932S0030), approximately 4S0-feet east of the west property line (in alignment with Darlington Way), 3, Provide approximately lOa-feet of frontage on Kingsbridge Drive for Lot 14, Block 2, by incorporating Lot 13, Block 2, into Lot 14, Block 2, Refuse service for Lot 14, Block 2, shall be from Kingsbridge Drive and not Zaldia Lane, Trash cans for Lot 14 shall be brought to the curb of Kings bridge Drive. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section S- 7-S17, when services are available from the City of Meridian, Wells may be used for non-domestic purposes such as landscape irrigation, The applicant shall be responsible for payment of and the actual physical sanitary sewer and domestic water connection for the existing house, 4, Revise the following notes on the preliminary plat as follows: . Note 7 shall be revised by adding a second sentence that reads: "Setbacks shall be measured from the property line or the adjacent sidewalk, whichever is more restrictive," Note 12 shall be amended by removing Lot 13, Block 2, from being a HOA lot, and Lot 29, Block 2, shall be added to the list ofHOA lots, Note 14 shall be removed (see Condition #3 above), Add a note stating that the HOA is responsible for keeping Lot 9, Block I, and Lot 20, Block 2, free of weeds and debris and is subject to a 60-foot wide irrigation easement. . . . All irrigation ditches, laterals, and canals (including the Ten Mile Feeder) intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per MCC 12-4-13, The applicant shall also pipe the tail ditch be!!innin!! at the Dartmoor irrigation pond Cajon!! Ea!!le Road. north of Dartmoor Drive) through the subject site. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. Iflateral users association approval can not be obtained, plans wí1l be reviewed and approved by the City Engineer prior to final plat signature, 6, The applicant has indicated that the pressurized irrigation system within this development will be owned and operated by the homeowners' association, Underground year-round pressurized irrigation must be provided to all lots within this development (MCC 12-S-2,N), The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3) The applicant shall be required to utilize any existing surface or well water for the primary source, If a surface or well source is not available, a single-point connection to the culinary water system shall be required, If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer, If the system is to remain private, a draft copy ofthe pressurized irrigation system O&M manual must be submitted prior to plan approval, 7, The submitted 4-page landscape plan prepared by The Land Group, Inc" dated 1- 14-0S is approved as submitted, with the following notes/modifications: . Per MCC 12-13-13-3, any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed, To mitigate for the existing trees on site, provide additional trees as shown on the landscape plan, . Preville a {; feet taJI \Ïayl feaae are1i1'lè the eftâre fJ6fÏffieter of ilie fJrÐjaet, as prÐfJesell, Preyille ( feet taJI Bßd 3 feet tall 7ii'Ollgft! iFeH fæeiag as SfleYIH. The applicant shall install vinvl privacv fencine extending along the north property lines. and install either 5-foot wroul!ht iron or 6-foot vinvl privacv fence on all other project perimeters. All fences shall taper down to 3 feet maximum within 20 feet of all right-of-way. . All micropaths within the proposed subdivision shall be designed in accordance with MCC 12-13-lS "Micropath Landscaping" and MCC 12-4-3 "Pedestrian Walkways," Micropath fencing shall be constructed per MCC 12- 13-lS-9, as proposed, . Depict a minimum 40-foot wide landscape buffer along Eagle Road (including a S-foot wide detached sidewalk), as proposed. Said landscape buffer shall be located beyond the 48-feet shown as future street right-of-way. . All areas being counted toward the open space requirement shall be free of "wet ponds" or other such nuisances, All stormwater detention facilities incorporated into the required open space are subject to Ordinance 12-13-14 and shall be fully vegetated with grass and trees, as depicted on the submitted landscape plan, . Alone Zaldia Lane. the applicant shall construct a 5-foot wide landscape strip. south of the 6-foot vinvI Drivacv fence. An evergreen tree shall be installed every la-feet on center within the landscape strip. . The applicant shall construct a berm (maximum 4:1 slope) within the 20- foot wide buffer strip alone Zaldia Lane. Said berm shall Droduce a total 15, 16. 17. vertical screen of ll-feet (6-foot Drivacv fence on top of a 5-foot berm). Vertical screen hei!!ht to be measured from the Zaldia Lane/south DroDertv line established !!rade. The approved landscape plan is not to be altered without prior written approval of the Planning & Zoning Department. 8, Prior to signature of the final plat by the City Engineer, all structures on Lots 1, 2, and 8, Block I shall be removed, 9, All buildable lots within the subdivision, including Lot 18, Block 2, shall be a minimum of 12,000 square-feet. 10, For all street bulb-outs with landscape islands, paint the curb red and provide signage "No parking fire lane," All roadways shall have a turning radius of 28- feet inside and 48-feet outside, 11. Sanitary sewer and water service to this development shall be from extensions of existing mains that were installed as part of the Messina Village Subdivision, 12, Applicant will be responsible to construct the sewer and water mains to and through this proposed development, thereby making them available to adjacent properties, Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard form of easements, for any mains or facilities that are required to provide service, 13, In accordance with MCC 12-13-10-8, Applicant shall provide 5-fool detached sidewalks adjacent to Eagle Road, as proposed. Applicant shall also provide 4- foot detached sidewalks adjacent to the internal public streets, as proposed, 14, Maintenance of all common area lots shall be the responsibility of the Kingsbridge Homeowners' Association, Direct lot access to Eagle Road is prohibited, A note shall be placed on the final plat restricting access to Eagle Road, The aDDlicant shall reduce the number of buildable lots from 130 as shown on the Dreliminarv Dlat dated January 14. 2005. to 125 lots. bv removing an additional five lots from the southerlv boundary of the develoDment (as shown on the revised DreIiminary Dlat dated March 2. 2005). The following lots shall be restricted to a sin!!le stOry residence: Lots 4. 5. 6. 7. 14. 15.22.31 and 32. Block 2 Lots 3. 4 and 5. Block 1 Lots 17 and 18. Block 18 Lots 2. 3. 4 and 5. Block 5 8, Lots 22. 23. 24 and 2S. Block 7 NOTE: The Lot and Block numbers listed above are based on the March 2. 200S. Dreliminarv DIat. A note shall be Dlaced on the [mal Dlat(s) statin!!: the hei!!:ht restriction for the above-listed lots. 18. Place a note on the face of the [mal Dlat statin!!: that all Derimeter lots have a minimum 2S-foot rear vard setback. GENERAL CONDITIONS (pRELIMINARY PLAT) 1. All grading of the site shall be performed in conformance with MCC 11-12-3H, 2, Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to MCC 12-13-10-8, 3, A letter of credit or cash surety in the amount of I 10% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc, , prior to signature on the final plat. 4. A detailed landscape and fencing plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application, 5, Coordinate fire hydrant placement with the City of Meridian Public Works Department. 6, One-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be inslalled at subdivider's expense, Typical locations are at street intersections and/or fire hydrants, Final design locations and quantity are determined after power designs are completed by Idaho Power Company, The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations, 7, Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated, Submit any up-dated groundwater/soils monitoring data, as collected and analyzed by a soils scientist, to the Public Works Department for review, Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge with a period of time not to exceed 24-hours for all storms up to and including a 100-year storm events, Side slopes within drainage areas shall not exceed 3: I, Any portion of a drainage area not improved with 13, 14, 15, 16, 17, sod/grass seed (or other approved landscaping) shall not count towards the required open space area, The project engineer should pay close attention to the results of field studies determining the groundwater, soil type & and characteristics during the design and construction phases, The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established normal groundwater elevation, This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above groundwater. 9, The applicant shall coordinate mailbox locations with the Meridian Posl Office, 10, Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8, Wells may be used for non-domestic purposes such as landscape irrigation, 11. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 12, Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation, The applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374, Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers, Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency, Staffs failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does nol relieve the applicant of responsibility for compliance, Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4, AGENCY COMMENTS AND CONDITIONS MERIDIAN FIRE DEPARTMENT 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of SOO' apart. International Fire Code Appendix C. 9, 2, Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a, Fire Hydrants shall have the 4 W' outlet face the main slreet or parking lot aisle, b, The Fire hydrant shall not face a street which does not have addresses on it. c, Fire hydrant markers shall be provided per Public Works spec, d, Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location, e, Fire Hydrants shall be placed on corners when spacing permits, f, Fire hydrants shall not have any vertical obstructions to outlets within 10', g. Fire hydrants shall be placed 18" above finish grade, 3, The phasing plan may require that any roadway greater than ISO-feet in length that is not provided with an outlet shall be required to have an approved turn around, 4, All entrance and internal roads shall have a turning radius of 28-feet inside and 48- feet outside radius, S, For all Fire Lanes (including bulb-outs with landscape islandsl"buttons"), paint the curb red and provide signage "No Parking Fire Lane", 6, Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins, 7, To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than SO homes, The two entrances shall be separated by no less than Y2 the diagonal measurement of the project. 8, The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support, The budget constraints are typically defined as capital outlay for facilities that are located within I.S miles fÌ'om a given location and sufficient operational funds to staff the facilities, All portions of the buildings located on this project must be within ISO' of a paved surface as measured around the perimeter of the building, 10, Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official, For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3,1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183), a, For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m), b, For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903,3,1.2, the distance requirement shall be 600 feet (183 m), MERIDIAN PARKS DEPARTMENT I. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance will be followed, 2, Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance will be followed, CENTRAL DISTRICT HEALTH DEPARTMENT I, This proposal can be approved for central sewage & central waler after written approval from appropriate entities is submitted, 2, The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality, 3, Run-off is not to create a mosquito breeding problem, 4, Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality, 5, The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation, NAMPA & MERIDIAN IRRIGATION DISTRICT 1, If all storm drainage is retained on-site there will be no impact on Nampa & Meridian Irrigation District and no further review will be required, If any surface drainage leaves the site, the Nampa & Meridian Irrigation District requires that a Land Use Change Application is filed for review prior to final platting, Please contact Donna Moore at 466- 7861 for further information, 2, All laterals and waste ways must be protected, 7, 8, 3, The developer must comply with Idaho Code 31-3805, It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. ADA COUNTY HIGHWAY DISTRICT I. Site Specific Conditions of Approval Dedicate 48-feet of right-of-way from the centerline of Eagle Road abutting the parcel by means of a warranty deed, The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material, The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way, 2, Construct a 5-foot wide detached sidewalk on Eagle Road abutting the site 10ca1ed a minimum of 41-feet from the centerline of the roadway, 3, Construct a southbound left turn lane on Eagle Road at the intersection with Kingsbridge Drive, as recommended by the Traffic Impact Study, Provide a minimum of 10O-feet of storage with shadow tapers for both the approach and departure directions 4, Construct a northbound right-turn lane at the sight approach intersection with Eagle Road, as recommended by the submitted Traffic Impact Study, 5, Construct Kingsbridge Drive as a residential collector from Eagle Road to the easternmost property line, This roadway shall be a 36-foot street section with vertical curb, gutter, and 5-foot concrete sidewalks within 50-feet (minimum) of right-of-way, Provide an easement to the District for any portion of the sidewalk that is outside of the public right-of-way, Stripe Kingsbridge Drive at the intersection with Eagle Road, to accommodate simultaneous left and righl turn movements onto Eagle Road, Construct the internal local roadways as 36-foot street sections within 50-feet of right-of-way with rolled curb, gutter and 5-foot concrete sidewalks, If the sidewalk meanders outside of the right-of-way, the applicant should provide the District with an easement for the sidewalk. 6, Extend Dartmoor Drive into the site as proposed, There shall only be one street connection to the existing Dartmoor Drive from the new subdivision, as proposed on the revised layout (See attachment #5), Any landscape islands or medians shall be owned and maintained by the homeowner's association, Notes of this are required on the [mal plat. 2, 3. 4, 5, 9, Construct Kingsbridge Drive a stub street to the east property line, as proposed, approximately 440-feet north of the Ten Mile Lateral, to serve the adjacent 9,0 acre parcel. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE," 10, Construct lvybridge Way as a stub street to the north property line approximately 130-feet east of the west property line, Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE," II. Construct Stockenham Way as a stub street to the north property line approximately 180-feet west of the east property line, Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE," 12, Provide an easement across the landscape lot OR public right-of-way frontage for the existing home on Lot 14, Block 2, When the property with the existing home re-develops (approximately 2,75-acres), it will be required to extend Kingsbridge Drive through the site as a stub street to the east property line, 13, Other than the access that is specifically approved with this application, direct lot access to Eagle Road is prohibited and shall be noted on the final plat. 14, Comply with all Standard Conditions of Approval, 1. Standard Conditions of Approval Any existing irrigation facilities shall be relocated outside of the right-of-way, All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer, Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details, All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein, An engineer registered in the State of Idaho shall prepare and certify all improvement plans, 6, The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes, 7, Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy, 8, Payment of applicable road impact fees are required prior to building conslruction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance, 9, It is the responsibility of the applicant to verify all existing utilities within the right-of-way, The applicant at no cost to ACHD shall repair existing utililies damaged by the applicant. The applicant shall be required to call DIGLINE (1- 800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way, The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction, 10, No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized represenlative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject ofthis application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. EXHIBIT F Kingsbridge Subdivision CUP-OS-004 CUPIPD Site Specific and Standard Conditions SITE SPECIFIC CONDITIONS (CONDITIONAL USE PERMIT) I. The 2-page site plan prepared by The Land Group, Inc" dated X~;i';4;¡'{)~;, is approved with the conditions listed herein, All conditions of the Preliminary Plat application shall also be considered conditions of the Conditional Use Permit (CUP-05-004) application, 2, The project shall conform to the R-3 dimensional standards, modified as follows: . Minimum lot frontage: 60-feet (non-cui-de sac); 30-feet for cul-de-sac lots . Minimum lot size: 12,000 square-feet . Maximum Block Length: Approximately 1,325 feet (per the Preliminary Plat) 3, The following amenities are required as part of the Planned Development, per the application: 10% open space, a community park on Lot 10, Block 1, thaI contains a swimming pool, a BBQ area with picnic tables and a tot lot, another park (Lot 1, Block 8) that contains a water feature, benches and a walking path, a landscaped boulevard corridor with street trees in the 8-foot planter strips between the street and the detached sidewalk, a walking path along the south side of the Ten Mile Feeder, a walking path along the north boundary, smaller open space pockets, a bridge monument, and ornamental street lights, The applicant shall be required to obtain a Certificate of Zoning Compliance (CZC) from the City prior to construction of any permanent structures on the proposed park lots, 4, Construction of homes within Kingsbridge Subdivision shall substantially comply with the four (4) elevations submitted by the applicant. Construction materials used on the structures shall be approved by the City of Meridian Building Department and in accordance with the most recent Uniform Building Code, 5, The applicant shall inslall a sign on Lot 13, Block 1, informing construclion personnel that they must use Kingbridge Drive, not Dartmoor Drive as access to the site, Further, the applicant shall install a sign on both sides of Kings bridge Drive, on Lot 1, Block 2, and Lot 8, Block I, identifying Kingsbridge Drive as the only entrance for construction traffic, AGENCY COMMENTS AND CONDITIONS MERIDIAN FIRE DEPARTMENT I. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500' apart, Intemational Fire Code Appendix C, 9, 2, Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a, Fire Hydrants shall have the 4 y," outlet face the main street or parking lot aisle, b. The Fire hydrant shall not face a street which does not have addresses on it. c, Fire hydrant markers shall be provided per Public Works spec, d, Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location, e, Fire Hydrants shall be placed on corners when spacing permits, f, Fire hydrants shall not have any vertical obstructions to outlets within 10', g, Fire hydrants shall be placed 18" above finish grade, 3, The phasing plan may require that any roadway greater than ISO-feet in length that is not provided with an outlet shall be required to have an approved turn around, 4, All entrance and intemal roads shall have a turning radius of 28-feet inside and 48- feet outside radius, S, For all Fire Lanes (including bulb-outs with landscape islandsl"buttons"), paint the curb red and provide signage "No Parking Fire Lane", 6, Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins, 7, To increase emergency access to the site a minimum of two poinls of access will be required for any portion of the project, which serves more than SO homes, The two entrances shall be separated by no less than Y2 the diagonal measurement of the project. 8, The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support, The budget constraints are typically defined as capital outlay for facilities that are located within I.S miles from a given location and sufficient operational funds to staff the facilities, All portions of the buildings located on this project must be within ISO' of a paved surface as measured around the perimeter of the building, 10, Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official, For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3,1.1 or 903.3,1.2 the distance requirement shall be 600 feet (183), a, For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m), b, For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3,1.1 or 903,3,1.2, the distance requirement shall be 600 feet (183 m), MERIDIAN PARKS DEPARTMENT 1, Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance will be followed, 2, Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance will be followed, CENTRAL DISTRICT HEALTH DEPARTMENT 1, This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted, 2, The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Envirorunental Quality, 3, Run-off is not to create a mosquito breeding problem, 4, Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality, 5, The Engineers and architects involved with the design of the subjecl project shall obtain current best management practices for stormwater disposal and design a storm water management system that prevents groundwater and surface water degradation, NAMPA & MERIDIAN IRRIGATION DISTRICT 1, If all storm drainage is retained on-site there will be no impact on Nampa & Meridian Irrigation District and no further review will be required, If any surface drainage leaves the site, the Nampa & Meridian Irrigation District requires that a Land Use Change Application is filed for review prior to final platting, Please contact Donna Moore at 466-7861 for further information, 2, All laterals and waste ways must be protected, 7, 8, 3, The developer must comply with Idaho Code 31-3805, It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. ADA COUNTY HIGHWAY DISTRICT 1. Site Specific Conditions of Approval Dedicate 48-feet of right-of-way from the centerline of Eagle Road abutting the parcel by means of a warranty deed, The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior 10 scheduling the fmal plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material, The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way, 2, Construct a 5-foot wide detached sidewalk on Eagle Road abutting the site located a minimum of 41-feet from the centerline of the roadway, 3, Construct a southbound left turn lane on Eagle Road at the intersection with Kingsbridge Drive, as recommended by the Traffic Impact Study, Provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions 4, Construct a northbound right-turn lane at the sight approach intersection with Eagle Road, as recommended by the submitted Traffic Impact Study, 5, Construct Kingsbridge Drive as a residential collector from Eagle Road to the easternmost property line, This roadway shall be a 36-fool street section wilh vertical curb, gutter, and 5-foot concrete sidewalks within 50-feet (minimum) of right-of-way, Provide an easement to the District for any portion of the sidewalk that is outside of the public right-of-way, Stripe Kingsbridge Drive at the intersection with Eagle Road, to accommodate simultaneous left and right turn movements onto Eagle Road, Construct the internal local roadways as 36-foot street sections within 50-feet of right-of-way with rolled curb, gutter and 5-foot concrete sidewalks, If the sidewalk meanders outside of the righl-of-way, the applicant should provide the District with an easement for the sidewalk, 6, Extend Dartmoor Drive into the site as proposed, There shall only be one street connection to the existing Dartmoor Drive from the new subdivision, as proposed on the revised layout (See attachment #5), Any landscape islands or medians shall be owned and maintained by the homeowner's association, Notes of this are required on the fmal plat. 2. 3, 4, 5, 9, Construct Kingsbridge Drive a stub street to the east property line, as proposed, approximately 440-feet north of the Ten Mile Lateral, to serve the adjacent 9,0 acre parcel. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE," 10, Construct Ivybridge Way as a stub street to the north property line approximately 130-feet east of the west property line, Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE," 11. Construct Stockenham Way as a stub street to the north property line approximately 180-feet west of the east property line, Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE," 12, Provide an easement across the landscape lot OR public right-of-way frontage for the existing home on Lot 14, Block 2, When the property with the existing home re-develops (approximately 2, 75-acres), it will be required to extend Kingsbridge Drive through the site as a stub street to the east property line, 13, Other than the access that is specifically approved with this application, direct lot access to Eagle Road is prohibited and shall be noted on the final plat. 14, Comply with all Standard Conditions of Approval, 1. Standard Conditions of Approval Any existing irrigation facilities shall be relocated outside of the right-of-way, All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer, Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details, Utility streel cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details, All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein, An engineer registered in the State ofIdaho shall prepare and certify all improvement plans, 6, The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes, 7, Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy, 8, Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance, 9, It is the responsibility of the applicant to verify all existing utilities within the right-of-way, The applicant at no cost to ACHD shall repair existing utililies damaged by the applicant. The applicaot shall be required to call DIGLINE (1- 800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way, The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction, 10, No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized represenlative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in inlerest advises the Highway Districl of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. EXHIBIT G Kingsbridge Subdivision AZ-OS-003 Zoning Amendment Findings According to Ordinance II-IS-II, General Standards Applicable to Zoning Amendments, both the P&Z Commission and Council are required "to review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment." The following is the list of standards found in II-IS-II and analysis ofthe facts and circumstances: A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; In Chapter VII of the Comprehensive Plan, 'medium density' is defined as areas including single-family homes at densities of three to eight dwelling units per acre; 'low density' consist of single-family homes at densities of three dwelling units or less per acre, City Council finds that the requested zoning designation, R- 3, is harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map, which designates the land to be "Low Density Residential" north of the Ten Mile Feeder, and "Medium Density Residential" adjacent to Eagle Road, The 1.69 dwelling units per acre proposed with the preliminary plat is consistent with previous Commission. and Council actions and generally conforms to the goals, objectives, and action items contained in the Comprehensive Plan for this area, In addition, in the applicant's cover letter (dated January 14, 200S) several Comprehensive Plan policies are listed, all of which support the annexation and proposed residential use of the property, B. Is the area included in the zoning amendment intended to be rezoned in the future; Concurrent with the annexation and zoning application, the applicant has submitted a preliminary plat and conditional use permit proposing single-family lots on the subject site (pP-OS-004 & CUP-OS-004) , City Council does not anticipate that the applicant plans to rezone the subject property in the future ifthe accompanying CUPIPD and PP applications are approved, C. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning -for example, a residential area turning into a commercial area by means of conditional use permits; E. City Council finds that the proposed development would be allowed within the requested R-3 zone, (if the accompanying Conditional Use Permit for a Planned Development is also approved), D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; There have been no recent street improvements in the area, However, the intersection of Eagle Road and Victory Road is within ACHD's Five Year Work Program for reconstruction in 2007, Eagle Road is currently in the ACHD CIP (20-year plan) for road widening to 3-lanes, If the Commission and Council approve Ihe requested annexation application, this will be the first property in Section 28, Township 3 North, Range lEast to be annexed into the corporate limits of the City of Meridian, The subject property is currently surrounded by one to five-acre parcels-rural-type density, However, just across Eagle Road from the subject site Tuscany Lakes Subdivision was approved for development at 2.4 gross dwelling units per acre (sewer and water service lines were brought down Eagle Road, directly adjacent to the northwest comer of the subject property), The proposed zoning and subsequent residential density, 1.69 dwelling units per acre, is lower than Tuscany Lakes but considerably denser than the surrounding county parcels, City Council finds that the requested zoning and proposed density is within the anticipated range for a lower density urban project. Further, based on the Comprehensive Plan, City Council believes that some of the existing large county parcels in the area will redevelop with similar densities in the near future, Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such .use will not change the essential character of the same area; The applicant has submitted four (4) front elevations for the proposed dwelling units, City Council believes that the design of the dwelling units will be compatible with the adjoining uses, if the buildings are constructed as shown on the submitted elevations. Even though the proposed and existing uses are the same, residential, City Council finds that the proposed density of the residential use will change the existing character of the area, which is largely rural. However, the proposed development is generally harmonious with the intended character envisioned by the Comprehensive Plan and previous Commission and Council action on this site, City Council does not find that the proposed zoning/uses will adversely change the essential character of area. City staff has received several calls, e-mails and letters from adjacent property owners concerned about the subject development, the Commission and Council have consider the adjacent property owners concerns and appropriate measures 10 address their concerns, F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; The Commission and Council should rely on public testimony (oral and written) to determine whether or not the proposed use will be disturbing or hazardous to the existing or future neighboring uses, City Council does not anticipate Ihat the proposed use will be disturbing to future or existing neighbors, as long as landscaping, fencing and other recommended conditions are exercised, Further, City Council does not anticipate that the proposed residential use will be hazardous as long as the conditions outlined in this report are complied with and construction traffic and house construction is conducted in a manner consistent with City Code and the conditions of this report, G. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fIre protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; The applicant will be responsible for the extension of utilities to and through this proposed development. Sizing and routing shall be coordinated with the Public Works Department. The applicant and/or future property owners will be required to pay park and highway impact fees, On October 6, 2004, ACHD approved the previous Kingsbridge development with site-specific and standard conditions, The applicant should comply with all amended requirements of the ACHD for the revised application, Please review the ACHD report for additional information regarding this finding, On February 11, 200S, a joint agency/department comments meeting was held with representatives of key service providers to this property. Based on the joint agency/department meeting and other comments received from agencies/departments, City Council finds that the public services listed above can be made available to accommodate the proposed development. The Commission and Council reference any written and/or verbal testimony submitted by any public service provider, regarding their ability to adequately service this project. NOTE: Sanitary Services Company will not use Zaldia Lane (private) to pick up trash for the proposed Lot 14, Block 2, Therefore, trash cans for Lot 14, Block 2, should be pulled to the curb ofKíngsbridge Drive, H, Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; If approved, the developer will finance the extension of sewer, water, utilities, pressurized irrigation, and local street infrastructure to serve the project. The primary public costs to serve the future residents will be fire and police services, City Council finds that there will not be excessive additional requirements at public cost and that the annexation and zoning will not be detrimental to the community's economic welfare, I. Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; According to the amended Traffic Impact Study (TIS) prepared by Dobie Engineering, Inc" the proposed project is anticipated to generate 1,235 vehicle trips per day, Of that traffic, 300 additional vehicle trips per day are anticipated on the existing Dartmoor Drive in Dartmoor Subdivision, The previous TIS anticipated 800 additional vehicle trips per day on Dartmoor Drive, Based on the revised plat and TIS, substantially fewer vehicles will use Dartmoor Drive as access to/from the proposed development. City Council recognizes that traffic and noise will increase with the approval of this subdivision; however, City Council does not believe that the amount generated will be detrimental to the general welfare of the public, City Council does not anticipate the proposed annexation and subsequent uses will create excessive noise, smoke, fumes, glare, traffic (see Finding "J" below), or odors, To lessen the impact of this development on the existing residences in Dartmoor Subdivision, City Council recommends that construction traffic be prohibited from utilizing Dartmoor Drive or the ditch rider's access road to the Ten Mile Feeder, City Council finds that the proposed residential zoning/uses will not be detrimental to people, property or the general welfare of the area, J. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; The applicant is proposing to construct one new public street entrance into the site from Eagle Road (Kingsbridge Drive), The applicant is also proposing to extend a stub street (Dartmoor Drive) into the site that was approved with the Dartmoor Subdivision, Dartmoor Drive currently has 32-feet of pavement and no curb, gutter, or sidewalk. Dartmoor Drive is currently not striped for non-vehicular traffic, As mentioned in the above finding, the extension ofDartmoor Drive will cause traffic volumes on the existing portion of the street to increase, However, if the extension of Dartmoor Drive is construcled as approved by ACHD, City Council does not believe that the subdivision will create interference with traffic on the existing public street. If all proposed vehicular approaches (streets) are approved and accepted by ACHD, City Council does not believe that the subdivision will create interference with traffic on the surrounding public streets, Please review the ACHD report for this project for additional information regarding this finding, K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and There are several mature trees on this property, Any existing trees larger than 4" caliper that are removed should be mitigated for, per the Landscape Ordinance, If the on-site trees are protected and mitigated for, as required by the Meridian Parks Department, City Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance, L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592,ll-17-1992)? The legal description submitted with the application, prepared by FOX Land Surveys, Inc" shows that the property is contiguous to the existing corporate boundary of the City of Meridian, City Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds, The applicant is proposing to develop the land in substantial compliance with the City's Comprehensive Plan, City Council finds that this is a logical expansion of the City limits, In accordance with the findings listed above, Citv Council finds that the annexation/zoninl! of this propertv would be in the best interest ofthe Citv, EXHIBIT H Kingsbridge Subdivision PP-OS-004 Preliminary Plat Findings Sections 12-3-3 J.2 and 12-3-S D read as follows: "In determining the acceptance of a proposed subdivision, the Commission/Council shall consider the objectives ofthis title and at least the following: A. The conformance of the subdivision with the Comprehensive Development Plan; City Council finds that the subdivision appears to be in general conformance with the Comprehensive Plan, See Zoning Amendment Finding "A", B. The availability of public services to accommodate the proposed development; City Council finds that public services can be made available to accommodate the proposed development. See Zoning Amendment Findings "G" and "H" for more details, C. The continuity of the proposed development with the capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, City Council finds that the subdivision will not require the expenditure of capital improvement funds, D. The public fmancial capability of supporting services for the proposed development; See Zoning Amendment Finding "H" and the Agency Comments and Conditions for more detail. E. The other health, safety or environmental problems that may be brought to the Commission's attention. City Council is not aware of any health, safety or environmental problems associated with the development of this subdivision, ACHD considers road safety issues in their analysis, EXHIBIT H Kingsbridge Subdivision PP-OS-004 Preliminary Plat Findings Sections 12-3-3 J,2 and 12-3-S D read as follows: "In determining the acceptance of a proposed subdivision, the Commission/Council shall consider the objectives of this title and at least the following: Á. The conformance of the subdivision with the Comprehensive Development Plan; City Council finds that the subdivision appears to be in general conformance with the Comprehensive Plan, See Zoning Amendment Finding "A", B. The availability of public services to accommodate the proposed development; City Council finds that public services can be made available to accommodate the proposed development. See Zoning Amendment Findings "G" and "H" for more details, C. The continuity of the proposed development with the capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, City Council finds that the subdivision will not require the expenditure of capital improvement funds, D. The public fmancial capability of supporting services for the proposed development; See Zoning Amendment Finding "H" and the Agency Comments and Conditions for more detail. E. The other health, safety or environmental problems that may be brought to the Commission's attention. City Council is not aware of any health, safety or environmental problems associated with the development of this subdivision, ACHD considers road safety issues in their analysis, EXHIBIT H Kingsbridge Subdivision PP-OS-004 Preliminary Plat Findings Sections 12-3-3 1.2 and 12-3-S D read as follows: "In determining the acceptance of a proposed subdivision, the Commission/Council shall consider the objectives of this title and at least the following: A. The conformance of the subdivision with the Comprehensive Development Plan; City Council finds that the subdivision appears to be in general conformance with the Comprehensive Plan, See Zoning Amendment Finding "A", B. The availability of public services to accommodate the proposed development; City Council finds that public services can be made available to accommodate the proposed development. See Zoning Amendment Findings "G" and "H" for more details, c. The continuity of the proposed development with the capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, City Council finds that the subdivision will not require the expenditure of capital improvement funds, D. The public fmancial capability of supporting services for the proposed development; See Zoning Amendment Finding "H" and the Agency Comments and Conditions for more detail. E. The other health, safety or environmental problems that may be brought to the Commission's attention. City Council is not aware of any health, safety or environmental problems associated with the development of this subdivision. ACHD considers road safety issues in their analysis, B. C. D. EXHIBIT I Kingsbridge Subdivision CUP-OS-004 CUPIPD Findings The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following and may approve a conditional use permit if they shall fmd evidence presented at the hearing(s) is adequate to establish (11-17-3): A, That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this ordinance; As part of the Planned Development (PD) the applicant is requesting relief from the standard street frontage requirement of the R-3 zone, and the maximum block length required by Meridian City Code, See Special Consideration #1 for detailed analysis, City Council finds that the subject property is large enough to accommodate the requested use and all other required features, Although the site is large enough to accommodate all of the features required by ordinance, the applicant has asked, through the Planned Development, to modifY the specific development standards listed above (frontage and block length), All residential lots are of adequate size and shape to accommodate homes that would comply with the proposed bulk and dimensional standards. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; The current Comprehensive Plan Land Use Map designates the property as Medium and Low Density Residential, As noted in the annexation analysis, City Council finds that the development appears to be in general conformance with the Comprehensive Plan, See Zoning Amendment Finding "A", That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; See Zoning Amendment Finding "E", That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; H. I. City Council finds that if all conditions are complied with, this development should not adversely affect other property in the vicinity, See Findings "F", "R", "I", and "]" in the Zoning Amendment analysis, E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and ¡Ire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; Please see Zoning Amendment Findings "G" and "H" Agency Comments and Conditions, and any comments that may be submitted to the City Clerk regarding this project. F. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; See Zoning Amendment Finding "H", G. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; See Zoning Amendment Finding "I", That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; See Zoning Amendment Finding "J", That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. See Zoning Amendment Finding "K", CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of a Request for Aunexation and Zoning of 76.72 Acres from RUT (Ada County) to R-3 (Rural Medium Density Residential) AND Preliminary Plat Approval of One-Hundred-Thirty (130) Building Lots and Thirty-Four (34) Common Lots AND Conditional Use Permit Approval for a Residential Planned Development Consisting of Single-Family Homes with Reduced Street Frontage and Increased Maximum Block Length, by Vision First, LLC. Case No(s): AZ-05-003, PP-05-004, CUP-05-004 For the City Council Hearing Date of: April 12, 2005 A. Findings of Fact I. Hearing Facts a, A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property, The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing, All other noticing was done consistent with Idaho Code §67- 6509, b, The matter was duly considered by the City Council at the April 12, 2005, public hearing(s), The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence, Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony), c, The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter, d, 2, Process Facts a, There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report, CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S), AZ-O5-003/ PP-O5-004 / CUP-O5-0Q4- PAGE I of 5 3, Application and Property Facts a, In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby verified that the property owner(s) of record at the time of issuance of these findings are Kingsbridge Properties, LLC, David 1. and Kathleen S, Palfreyman, David A. and Janie Teeter, and Joe-D Acres, Inc. 4, Required Findings per Zoning and Subdivision Ordinance a, See Exhibits G, H, and I for the findings required for these applications, B. Conclusions of Law 1, The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C, §67- 6503), 2, The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles II and 12, Meridian City Code, and all current zoning maps thereof, The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No, 02-382 and Maps, 3, The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-17-9, 4, Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, 5, It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed, 6, That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice, 7, That this approval is subject to the Legal Description in Exhibit A, the Preliminary Plat dated March 2, 200S as shown in Exhibit B, the Site Plan dated January 14, 200S as shown in Exhibit C, the Annexation and Zoning Comments as shown in Exhibit D, the Preliminary Plat Site Specific and Standard Conditions as shown in Exhibit E, and the CUPIPD Site Specific and Standard Conditions as shown in Exhibit F, The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application, C, Decision and Order CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-O03 / PP-OS-OO4 / CUP-OS-oO4- PAGE 2 of 5 Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated March 2, 200S is hereby conditionally approved; 2, The applicant's Site Plan as evidenced by having submitted the Site Plan dated January 14,2005 is hereby conditionally approved; and, 3, The Site Specific and Standard Conditions are as shown in Exhibits E and F, D, Notice of Applicable Time Limits 1. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfY the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent foolings or structures on or in the ground, In this context "structures" shall include sewer and water lines, streets or building construction, The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void, However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project, For projects requiring platting, the final plat must be recorded within this eighteen (18) month period, For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase, In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void, (MCC 11-17-4,8.) 2, Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that after the date of approval of the preliminary plat, the owner or developer shall have one year within which to file the request for approval of the final plat. After approval of final plat, the owner or developer shall have one year to begin construction of the public utilities and one year thereafter to complete construction of those public facilities, (MCC 12-2-4,B & C,) E, Notice of Final Action and Right to Regulatory Takings Analysis I, The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF lAW AND DECISION & ORDER CASENO(S).AZ-OS-OO3! PP-OS-OO4! CUP-OS-O04-PAGE30fS with the City Clerk not more than twenty-eighl (28) days after the final decision concerning the matter at issue, A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed, 2, Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code, F, Exhibits Exhibit A: Legal Description Exhibit B: Approved Preliminary Plat (with conditions) Exhibit C: Approved Site Plan (with conditions) Exhibit D: Annexation and Zoning Comments Exhibit E: Preliminary Plat Site Specific and Standard Conditions CUPIPD Site Specific and Standard Conditions Exhibit F: Exhibit G: Zoning Amendment Findings Exhibit H: Preliminary Plat Findings Exhibit I: CUPIPD Findings By action of the City Council at its regular meeting held on the ,2005, day of COUNCIL MEMBER SHAUN WARDLE VOTED- COUNCIL MEMBER CHRISTINE DONNELL VOTED- COUNCIL MEMBER CHARLIE ROUNTREE VOTED- COUNCIL MEMBER KEITH BIRD VOTED- MAYOR TAMMY de WEERD (TIE BREAKER) VOTED CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-O5-003 / PP-O5-004 / CUP-O5-O04-PAGE 4 015 Mayor Tammy de Weerd Attest: William G, Berg, Jr" City Clerk Copy served upon Applicant, The Planning and Zoning Department, Public Works Department and City Attorney, By: City Clerk's Office Dated: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-O03 / PP-OS-OO4 / CUP-OS-O04- PAGE 5 of 5