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HomeMy WebLinkAboutLetter from Vision First ~\\~$VISION ~~.~ FIRS TLLC. HELPING SHAPE COMMUNITIES FOR THE FUTURE April 6,2005 Mayor Tammy de Weerd and City Council City of Meridian 33 East Idaho Avenue Meridian, ID 83642 Craig C. Hood, Associate City Planner Meridian Planning Department 660 E. Watertower Lane Meridian, ID 83642 RE: Kingsbridge Subdivision - Vision First, LLC., Applicant Annexation and Zoning - File No. AZ-05-003 Preliminary Plat - File No. PP-05-004 Conditional Use Permit for Planned Development - File No. CUP-05-004 Dear Mayor de Weerd, City Councilors and Mr. Hood: Vision First, LLC., the applicant for the above-referenced approvals, is pleased to notify the City of Meridian that the applicant has reached agreement with neighborhood representatives addressing the concerns raised by the neighboring property owners at prior hearings before the Planning & Zoning Commission and the City Council. We have negotiated a detailed, written Settlement Agreement with representatives of all adjoining subdivisions and have enclosed a copy of the agreement herewith for submittal into the record of next Tuesday's City Council hearing. The agreement has been approved by all parties and is being circulated for signatures. A signed copy will be submitted at the hearing. The starting point for the agreement was the applicant's letter dated March I, 2005, to the Planning & Zoning Commission, which contained the first seven conditions of approval to which the applicant stipulated at the P&Z hearing on March 3, 2005. The parties have held subsequent meetings and exchanged drafts of the enclosed agreement, which contains eight additional project modifications to which the applicant has agreed. In addition, points 1,2 and 7 ITom the applicant's March 1st letter have been modified and clarified. The agreement proposes that several of the deal points should be included in any City approval order as site specific conditions of approval. Subject to the City Council's concurrence, the applicant and the neighboring property owners agree to the following site-specific conditions of approval: 1. The following Kingsbridge lots shall be restricted to single story homes, and the restrictions shall be included as deed restrictions, stated in the recorded Declaration of CC&Rs, and noted on the face of the Final Plat: a. Lots 5, 6,7 and 8 in Block 2 adjoining Zaldia Lane; b. Lots 3, 4, and 5 in Block 1, south of Dartmoor and the 10-mile Feeder Canal; c. Lots 30 and 31 in Block I and Lots 2, 3, 4, and 5 in Block 5 adjoining Dartmoor's east boundary; Mayor Tammy de Weerd and City Council Craig C. Hood, Associate City Planner City of Meridian April 6, 2005 Page 2 d. Lots 22, 23, 24, and 25 in Block 7 south ofTeri Lane; e. Lots 14 and 15 on the cul-de-sac west ofKunz Hollow; and f. Lots 22, 31 and 32 across the 10 Mile Feeder Canal !Tom the 2 Kunz Hollow houses with building envelopes on the north ends of their lots. 2. Vision First shall install vinyl privacy fencing, in accordance with the city- imposed approval condition (i.e. 4 feet solid topped by 2 feet of lattice) extending along the entire north property line of Kingsbridge (including the portion of the north side of Lot 9, Block I adjoining Dartmoor) and extending along the portion of the south boundary of Lot 17 Block 2 adjoining Kunz Hollow. Vision First shall install either 5-foot wrought iron or 6-foot vinyl privacy fence on all other project perimeters, in accordance with the consensus reached by the existing property owners adjoining each boundary. Fencing on the north side of Lot 9 Block I adjoining Dartmoor shall be completed prior to issuance of the first home-building permit in Kingsbridge Phase I. This agreement shall also be included in the Development Agreement executed by Vision First and the City of Meridian. 3. Vision First shall impose a 25-foot rear yard setback on all perimeter lots (also to be stated in the recorded Kingsbridge Declaration ofCC&Rs). 4. Vision First shall create a new 5-foot landscaped strip south of the 6-foot vinyl privacy fence to be installed on the southerly lots abutting Zaldia Lane; plant a row of evergreen trees 20 feet on center in the 5-foot strip (instead of I tree per lot in the back yards) and irrigate and maintain as Kingsbridge common area; and seek approval of the Nampa-Meridian Irrigation District to narrow the waste pipe easement north of Zaldia Lane !Tom 20 to 15 feet wide, with the pipe installed five feet !Tom the southerly easement boundary, to maintain 10 foot separation !Tom the landscape strip to the pipe. This agreement shall also be included in the Development Agreement executed by Vision First and the City of Meridian. 5. Vision First shall grade the twenty-foot buffer strip along Zaldia Lane upward to the fence line of the southerly Kingsbridge lots at a 4 to I slope, to produce a total vertical screen of 11 feet (6-foot privacy fence on top of5-foot berm). This agreement shall also be included in the Development Agreement executed by Vision First and the City of Meridian. 6. South Ivy Bridge Way shall be redesigned to terminate in a cul-de-sac at Block 14, Lot 10 and Block 6, Lot 7 [as now shown on the preliminary plat with revision date of April 5, 2005]. 7. Lot I, Block 5 shall be landscaped with grass and evergreen trees to complete an improved buffer between the adjoining Dartmoor homeowner and South Merrivale Way. Landscaping shall be installed prior to the issuance of the first home-building permit in Phase 2 661 S. Rivershore Lane, Suite 120 - Eagle, Idaho 83616 - Office (208) 938-4655 Fax (208) 938-4765 Mayor Tammy de Weerd and City Council Craig C. Hood, Associate City Planner City of Meridian April 6, 2005 Page 3 by the City of Meridian. This agreement shall also be included in the Development Agreement executed by Vision First and the City of Meridian. 8. Vision First and/or Kingsbridge LLC shall implement a weed eradication and maintenance program on Lot 9 Block I and Lot 17 Block 2, concurrent with construction of the Phase of Kingsbridge that abuts each lot. For example, the weed eradication program on Lot 9 shall be implemented concurrent with construction of Phase I. The portion of Lot 17 that abuts Phase 2 shall have the weed eradication and maintenance program implemented concurrent with construction of Phase 2, and the portion of Lot 17 that abuts Phase 3 shall have the weed eradication and maintenance program implemented concurrent with construction of Phase 3. This agreement shall also be stated in the recorded Kingsbridge Declaration of CC&Rs. 9. Vision First shall remove two lots ITom Block 10 on the eastern side of Kingsbridge and shall be entitled to re-subdivide Lots 42 through 45 of Block 2 for form 5 lots, in place of the current 4 lots7 [as now shown on the preliminary plat with revision date of April 5,2005]. The Settlement Agreement also contemplates that several other conditions, again subject to concurrence by the City Council, would be included in a Development Agreement between the applicant and the City of Meridian. Those conditions are as follows: 1. Paragraphs 2, 4, 5, 7 and 8 set forth above. 2. Vision First shall construct a concrete sidewalk, curb, and gutter (or, if mutually agreed by Vision First and the Dartmoor residents, detached, meandering sidewalks separated ITom the street) extending along both sides of Dartmoor Drive ITom the Kingsbridge sidewalks at the current end of Dartmoor Drive to the Eagle Road Entry to Dartmoor Subdivision. Construction of the sidewalks shall be completed prior to issuance of the first home-building permit in Kingsbridge Phase 1. At the request of the remaining 4 home owners (Viertel, Rich, Smith and Schultsmeier) along Dartmoor Drive, Vision First shall install a 3-rail or privacy white vinyl fence at the homeowners' discretion. If said homeowners request installation of the fence, it shall be completed prior to issuance of the first home-building permit in Kingsbridge Phase 1. 3. Vision First shall pipe the tail ditch along Dartmoor's south and west boundary between the existing southwest corner of PaiITeyman's field to a new inlet into the Dartmoor irrigation pond north of the Dartmoor Eagle Road entry, and install a head gate on the new inlet to control water flow into the pond. This shall be completed prior to issuance of the first home- building permit in Kingsbridge Phase 2. 661 S. Rivershore Lane, Suite 120 - Eagle, Idaho 83616 - Office (208) 938-4655 Fax (208) 938-4765 Mayor Tammy de Weerd and City Council Craig C. Hood, Associate City Planner City of Meridian April 6, 2005 Page 4 4. To ensure that significant density changes are not made to Kingsbridge subdivision between preliminary and final plat approvals, no changes will be made to the plat dated April 5, 2005, except changes required by governmental agencies or other minor changes approved by governmental agencies which do not increase density or daily vehicle trips to and ITom Kingsbridge. A copy of the preliminary plat will be included as a condition of approval in this Development Agreement The applicant and the neighboring property owners have worked hard to craft a compromise that addresses the neighbors' concerns, while still permitting the applicant to develop a viable residential community consistent with the City's Comprehensive Plan and Development Ordinance. The applicant would respectfully ask the City Council to determine that annexation of the Kingsbridge property with R-3 zoning is in the best interest ofthe City of Meridian and that approvals of the preliminary plat and CUPlPlanned Development comply with all applicable provisions of the Comprehensive Plan and the Zoning & Development Ordinance. Respectfully submitted, Vision First, L.L.C. By: Kenneth M. Elliott Resident Legal Counsel Enclosure - Settlement Agreement cc: City Councilors William Berg, City Clerk Bill Nary, City Attorney Anna Canning, Planning Director Brady Turner, President - Dartmoor Homeowners' Association 661 S. Rivershore Lane, Suite 120 - Eagle, Idaho 83616 - Office (208) 938-4655 Fax (208) 938-4765