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Home My WebLink AboutREV Settlement Agreement " , ,i, SETTLEMENT AGREEMENT RECEIVED APR 12 2005 City ofMeddian city Clerk Office This Settlement Agreement is entered into effective this 1.';lday of April, 2005, by and among Vision First, L.L.C., a Washington limited liability company (hereinafter "Vision First") and authorized representatives of the property owners residing in Golden Eagle Estates, Bridlewood Subdivision, Kunz. Hollow Subdivision, Zaldia Zerua Subdivision, and Dartmoor Subdivision (collectively, the "Neighbors"). WHEREAS, Vision First is the applicant in land use entitlement hearings now pending before the City of Meridian under the following File Nos.: AZ-O5-003 Annexation and Zoning of 76.72 Acres ITom RUT (Ada County) to R-3 (Rural Medium Density Residential); PP-O5-004 Preliminary Plat Approval of One-Hundred-Thirty (130) Building Lots and Thirty-Four (34) Common Lots on 76.72 Acres in a Proposed R-3 Zone; and CUP-O5-004) Conditional Use Permit Approval for a Residential Planned Development of Single-Family Homes with Reduced Street Frontage, and Exceeding the Maximum Block Length (collectively, the "Applications"). WHEREAS, the Neighbors have testified in opposition to City approval of the Applications at a public hearing held March 3, 2005, before the Meridian Planning & Zoning Commission; WHEREAS, Vision First has previously agreed to modifY the Applications in response to issues raised by the Neighbors, as confirmed in the letter dated March 1, 2005, addressed to the Meridian Planning & Zoning Commission from Vision First's legal counsel, Kenneth M. Elliott; and WHEREAS, Items 1 through 7 of this Agreement reiterate the modifications previously agreed to by Vision First, except for further revisions made to Items #1, #2 and #7, as set forth below; WHEREAS, Vision First is prepared to agree with the additional modifications listed herein as Items #8 through #14, and the further revisions made to Items #1, #2 and #7, as set forth below, which shall be included as amendments to the preliminary plat and or Development Agreement executed by Vision First and the City of Meridian; NOW, THEREFORE, in consideration of the Neighbors' agreements set forth below, Vision First hereby agrees to the following modifications to the Applications: 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 Page 1 of5 Last revised: April 12, 2005 , , Declaration ofCC&Rs, noted on the face ofthe Final Plat, and added as an Item # under the site specific conditions of the Preliminary Plat approval for Kingsbridge: a. Lots 5, 6,7 and 8 in Block 2 adjoining Zaldia Lane; b. Lots 3, 4, and 5 in Block I, south of Dartmoor and the lO-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; 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 from the 2 Kunz Hollow houses with building envelopes on the north ends of their lots. 2. Vision First shalJ construct a concrete sidewalk, curb, and gutter (or, ifmutualJy agreed by Vision First and the Dartmoor residents, detached, meandering sidewalks separated from the street) extending along both sides of Dartmoor Drive from the Kingsbridge sidewalks at the current end of Dart moor 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 I. At the request of the remaining 4 home owners (Viertel, Rich, Smith and Schultsmeier) along Dartmoor Drive, Vision First shall instalJ 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. This agreement shall be included in the Development Agreement executed by Vision First and the City of Meridian. 3. 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 1 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 1 adjoining Dartmoor shall be completed prior to issuance of the first home-building permit in Kingsbridge Phase 1. This agreement shall be included under the site specific conditions of the Preliminary Plat approval and in the Development Agreement executed by Vision First and the City of Meridian. 4. Vision First shall impose a 25-foot rear yard setback on all perimeter lots (to be stated in the recorded Kingsbridge Declaration of CC&Rs). This agreement shall be included under the site specific conditions of the Preliminary Plat approval. Page 2 of 5 Last revised: April 12, 2005 5. 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 from 20 to 15 feet wide, with the pipe installed five feet from the southerly easement boundary, to maintain 10 foot separation from the landscape strip to the pipe. This agreement shall be included under the site specific conditions of the Preliminary Plat approval and in the Development Agreement executed by Vision First and the City of Meridian. 6. 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 1 slope, to produce a total vertical screen of II feet (6-foot privacy fence on top of 5-foot berm). This agreement shall be included under the site specific conditions of the Preliminary Plat approval and in the Development Agreement executed by Vision First and the City of Meridian. 7. Vision First shall pipe the tail ditch along Dartmoor's south and west boundary between the existing southwest comer ofpa1freyman'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. This agreement shall be included in the Development Agreement executed by Vision First and the City of Meridian. The following additional terms have been agreed to based on meetings between the Neighbors and Vision First's Chief Development Officer, Wayne Kankelberg, on March 16,2005, and March 31,2005: 8. 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 from Kingsbridge. All perimeter lots in Kingsbridge Subdivision shall remain as single home residential lots that cannot be further subdivided or split as part of the Kingsbridge Subdivision. Except for minor lot size adjustments between adjacent perimeter lots, no perimeter lot in Kingsbridge Subdivision shall be reduced in size below the square footage shown on the preliminary plat dated April 5, 2005. These agreements shall be included as notes on the face of the Kingsbridge Subdivision plat and shall be stated in the recorded Kingsbridge Declaration of CC&Rs. A copy of the preliminary plat will be included as a condition of approval in the Development Agreement executed by Vision First and the City of Meridian. Page3of5 Last revised: April 12, 2005 " 9. Vision First's plans for retention and/or treatment of storm water prior to leaving Kingsbridge shall be submitted for review and approval of the Dartmoor HOA President, which shall not be unreasonably withheld. 10. South Ivy Bridge Way shall be redesigned to terminate in a cul-de-sac at Block 14, Lot 10 and Block 6, Lot 7. This agreement shall be included under the site specific conditions of the Preliminary Plat approval. II. 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 by the City of Meridian. This agreement shall be included under the site specific conditions of the Preliminary Plat approval and in the Development Agreement executed by Vision First and the City of Meridian. 12. 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 be stated in the recorded Kingsbridge Declaration of CC&Rs and in the Development Agreement executed by Vision First and the City of Meridian. 13. Vision First shall remove two lots from 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 lots. This agreement shall be included under the site specific conditions of the Preliminary Plat approval. 14. Vision First shall change the minimum house size from 1,800 sq. ft. for single- story homes to 2,000 sq. ft. and 2,400 sq. ft. for two story homes. This agreement shall be included under the Development Data on the Preliminary and Final Plats as well as in the recorded Kingsbridge Declaration of CC&Rs. Items 10, 13, and 14 shall be included on the preliminary plat filed with the City planning department on or before April 6, 2005, to permit staff review and inclusion in the hearing packet for consideration by the City Council at the April 12, 2005 hearing. Page4of5 Last revised: April 12, 2005 In exchange for the above concessions by Vision First, the property owners of Golden Eagle Estates, Bridlewood, Kunz Hollow, Zaldien Zerua, and Dartmoor subdivisions agree to: 1. Sign a waiver to the IS-year building restriction/open space easement on the Palfreyman property noted in the Dartmoor Subdivision plat as note 12: 2. Support, or not oppose, Vision First's Applications for the Kingsbridge subdivision at the Meridian City Council or Planning and Zoning meetings. This Agreement is Signed and Dated April ~ 2005, and effective as of March 31, 2005. Kingsbridge, LLC Golden Eagle Estates By: Vision First, LLC Managing Member {)J,.,,~ Wayne Kankelberg, Chief Development Officer By: Laurie Allen By: Bridlewood Subdivision BY:~ Dnv;dLavigne ßé:J'.8/See~ Dartmoor Homeowners' Association BY:~ \;?"""...\~~~,"""",I'1I:..ç:.. Brady Tutner, President Kunz Hollow and Zaldien Zerua Subdivisions By: /~'i~Æ;J- Brad rd Dedman By:~~~ Sharon McKee, Secretary By: J:;;;:. IA./~ Tim Wallace, Director-at-Large Page 5 of5 Last revised: April 12, 2005 ~' ..' '. \ ~..". ,'t .IL t.,~..!~. ~4"" ::Y"«!,>.:. ',. :. ,-i, . .,' : ,....,., ,..". ' , ' "',~~" '". . ' " .' . .' . ,',.--=--"~,,~~-,_. .' , , ! ~ ~ H ~'I ! !! w ~; ~, ! !~! !;i i !Ii !Ii / i! ¡ - L § ¡ ! .~l .. " ,- II Ii ~ ! ~h!j!¡¡ !1~ !0