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Home My WebLink AboutKingsbridge Subdivision AZ PARTIES: 1. 2. ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT ,DO 57 BOISE IDAHO 07108105 02:29 PM DEPUTY Bonnie Oberbillig 1111111111111111111111111111111111111 RECORDED - REQUEST OF 105092050 Meridian City '~_.._.,-._,--"...",- DEVELOPMENT AGREEMENT City of Meridian Kingsbridge Properties, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this 2p~ day of J'~ , 2005, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY', and Kingsbridge Properties, LLC, hereinafter called "OWNER/DEVELOPER". 1. RECITALS: 1.1 1.2 WHEREAS, "OWNER/DEVELOPER" is the sole owner, in law and/or equity, of certain tract ofland in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the "Owner" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or fe-zoning of land; and 1.4 WHEREAS, "Owner" has submitted an application for annexation and zoning of the "Property's" described in Exhibit A, and has requested a designation of (R-3) Medium Density, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "OwnerlDeveloper" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT (AZ-O5-003 - KINGSBRIDGE SUBDIVISION) PAGE 1 OF 11 1.6 1.7 1.8 1.9 1.10 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and WHEREAS, City Council, the 3rd day of May, 2005, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and WHEREAS, the Findings require the "OwnerlDeveloper" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and "OWNER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and WHEREAS, "City" requires the "OwnerlDeveloper" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use ofthe "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re- zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. DEVELOPMENT AGREEMENT (AZ-O5-003 - KINGSBRIDGE SUBDIVISION) PAGE 2 OF 11 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context ofthe presentation of the same requires otherwise: 3.1 3.2 3.3 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision ofthe state ofIdaho, organized and existing by virtue of law of the State ofIdaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. "OWNERIDEVELOPER": means and refers to Kingsbridge Properties, LLC c/o Vision First, LLC, whose address is 661 N. Rivershore Lane, Suite 120, Eagle, Idaho 83616, the party developing said "Property" and shall include any subsequent owner( s)/ developer( s) of the "Property". "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be annexed and zoned R-3 (Medium Density) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code Section 11-7-2 (C) which are herein specified as follows: Construction and development of either a conditional use permit or a planned development application shall be submitted to the City of Meridian prior to a future development in the R~3 zone, and the pertinent provisions of the City of Meridian Comprehensive Plan are applicable to this AZ-O5~OO3 application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "OwnerlDeveloper" has submitted to "City" an application for conditional use permit site plan dated March 2,2005, and shall be required to obtain the "City'" approval thereof, in accordance to the City's DEVELOPMENT AGREEMENT (AZ-O5-003 - KINGSBRIDGE SUBDIVISION) PAGE 3 OF 11 Zoning and Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property" that require a conditional use permit. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: That fencing on the north side of Lot 9, Block 1, adjoining Dartmoor Subdivision, shall be installed prior to issuance of the first building permit on the subject property; That the applicant shall impose, in the CCR's for Kingsbridge Subdivision, a minimum 25-foot rear yard setback on all perimeter lots; That the applicant shall impose a single story restriction on specific perimeter lots, single-story restricted lots shall have a maximum peak of 25-feet and a 10:12 maximum pitch, with no bonus rooms in the attic space; That along Zaldia Lane, the applicant shall construct a 5-foot wide landscape strip, south ofthe 6-foot vinyl privacy fence. An evergreen 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 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; That the applicant shall pipe the tail ditch from the Dartmoor irrigation pond (along Eagle Road, north of Dartmoor Drive) through the site; That a concrete sidewalk, curb, and gutter (or, if mutually agreed by the developer 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 Dartmoor Drive to Eagle Road. Construction of said sidewalks shall be completed prior to issuance of the first building permit in the development. (NOTE: Said improvements are subject to ACHD approval and design standards); That the applicant will construct a 3-rail fence along the Dartmoor Drive frontage for the existing homes along Dartmoor Drive that currently do not have fencing. In lieu of a 3-rail fence, a white vinyl fence shall be installed on the south side of Parcel # R1734560100. Said fencing shall be DEVELOPMENT AGREEMENT (AZ-O5-003 - KINGSBRIDGE SUBDIVISION) 6.1. "OwnerlDeveloper" shall develop the "Property" in accordance with the following special conditions: 1. 2. 3. 4. 5. 6. 7. 8. PAGE 4 OF 11 9. 10. completed prior to issuance of the first building permit in Phase II (second final plat phase) of the development; That prior to issuance of the first building permit in Phase II (second final plat phase), the applicant shall pipe the tail ditch from the Dartmoor irrigation pond (along Eagle Road, north of Dartmoor Drive) through the site and install a head gate on the new inlet to control water flow into the pond; To ensure that density changes are not made between preliminary and final plat approvals, no significant changes will be allowed to the plat dated April 5, 2005, except changes required by governmental agencies or other minor changes approved by governmental agencies which do no increase density or daily vehicle trips. Except for minor lot size adjustments between adjacent perimeter lots, no perimeter lot in the subdivision shall be reduced in size below the square footage shown on the preliminary plat dated April 5, 2005. All perimeter lots shall remain as single home residential lots that cannot be further subdivided or split as part of this subdivision. The preliminary plat dated April 5,2005, is hereby included as a condition of approval for developing the subject property; That the applicant shall develop a weed control and maintenance plan for the undeveloped areas of the subdivision; That the applicant shall develop a grading and drainage plan for the five (5) lots on the northwest comer of the subdivision; and, That the applicant's plans for retention and/or treatment of storm water prior to leaving the site shall be submitted for review and approval of the Dartmoor HOA President, which shall not be unreasonably withheld. 11. 12. 13. 6.2 OwnerlDeveloper has entered into a Settlement Agreement with the 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") on the 1th day of April, 2005, set forth in Exhibit C, which is attached hereto and by this reference incorporated herein as if set forth in full. 7. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Owner" or "Owners" heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Re-Zone" of subject "Property" of this agreement within two years of the date this Agreement is effective, and after the "City" has complied DEVELOPMENT AGREEMENT (AZ-O5-003 - KINGSBRIDGE SUBDIVISION) PAGE 5 OF 11 with the notice and hearing procedures as outlined in I.C. § 67-6509, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE~ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "OwnerlDeveloper" consents upon default to the reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owner" and if the "Owner" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Owner/Developer" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: 10.1 10.2 In the event "OwnerlDeveloper", "Owner/Developer's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. A waiver by "City" of any default by "Owner" of anyone or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owner's" cost, and submit proof of such recording to "Owner", prior to the third reading of DEVELOPMENT AGREEMENT (AZ-O5-003 - KINGSBRIDGE SUBDIVISION) PAGE 6 OF 11 the Meridian Zoning Ordinance in connection with the re-zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Owner", or by any successor or successors in title or by the assigns ofthe parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 13.2 In the event of a material breach of this Agreement, the parties agree that "City" and "Owner" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing ofthe same with diligence and continuity. In the event the performance of any covenant to be performed hereunder by either "Owner" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount oftime of such delay. 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 12-5-3, to insure that installation of the improvements, which the "Owner" agrees to provide, if required by the "City". DEVELOPMENT AGREEMENT (AZ.O5-003 - KINGSBRIDGE SUBDIVISION) PAGE 7 OF 11 15. CERTIFICATE OF OCCUPANCY: The "Owner" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owner" have entered into an add~l1~~ agreement stating when the improvements will be completed in a phased develop1f"',and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "Owner" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: OWNER/DEVELOPER: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 Kingsbridge Properties, LLC c/o Vision First, LLC 661 N. Rivershore Lane, Suite 120 Eagle, ID 83616 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section, 18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as detennined by a Court of competent jurisdiction. This provision shall be deemed to be a DEVELOPMENT AGREEMENT (AZ-O5-003 - KINGSBRIDGE SUBDIVISION) PAGE 8 OF 11 separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the "Owner" of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Owner", to execute appropriate and recordable evidence of termination of this Agreement if"City", in its sole and reasonable discretion, had determined that "Owner" has fully performed its obligations under this Agreement. 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owner" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing re-zoning of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the "City" has conducted public hearing( s) in accordance with the notice provisions provided for a zoning DEVELOPMENT AGREEMENT (AZ-O5-003 - KINGS BRIDGE SUBDIVISION) PAGE 9 OF 11 designation and/or amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER /DEVELOPER: GSBRIDGE PROPE S, LLC. B;r ; Randa1 S. aamO CITY OF MERlDIlìtFaging Member 6-2B-¿JS- DEVELOPMENT AGREEMENT (AZ-O5-003 - KINGS BRIDGE SUBDIVISION) PAGE 10 OF 11 STATE OF IDAHO, ) : ss: County of Ada, ) On this ]Ci day of ~(Æ I'\L , 2005, hefoI)' me, the undersigned, a Notary Public in and for said State,p rsonallyappearedJ<ân.dttl So Clafnl2l , known or identified to me to be the lM-ðfnC1g Mi fI1 bt' r of Kingsbridge Properties, LLC, the corporation that executed this agr e ent and the person who executed the agreement on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SE YI f1W1 . otary Public io~ Id~lJ.o - Residing at: /JIlt1 (cltl U f t1't- My Commission Expires: 4 /Z( / /CJ f , STATE OF IDAHO) : ss County of Ada ) On this 2~-t'^-- day of <--JIA..\I\,..<!.... ,2005, before me, a Notary Public, personally appeared Tammy de Weerd and William G. Berg, Jr., know or identified to me to be the Mayor and Clerk, respectively, ofthe City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. (SEAL) ..,.un......." .... C'ß L. SA_~...« ....'ri.::.'\;. ""'" <I'I./'A ~fI! .. ",\.-., '. ~~~ ~ ¡ ..... ..' ". 'r \ i : ~OTAl<' '. ~ ... ,~- ~.- .. . '*- : * , -,- : : : : : ! \ ". J:o U B \...'. G I :: ill' - :it .. <P.>, 8.. .-..,.0 :it ". ..¡ )~..~..........~ ~' ' !it:: it.,." ~'Vi \Y .....'ri if".........,.., DEVELOPMENT AGREEMENT (AZ-O5-003 - KINGSBRIDGE SUBDIVISION) PAGE II OF 11 ", ,~"I;~. SETTLEMENT AGREEMENT This Settlement Agreement is entered into effective this Qday 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. : .If AZ-O5-003 Annexation and Zoning of 76.72 Acres trom 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: Apri112, 2005 " "_f' . .,. Declaration ofCC&Rs, noted on the face of the 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 1, south of Dartmoor and the 10-mile Feeder Canal; c. Lots 30 and 31 in Block 1 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 of Teri 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 £fom the 2 Kunz Hollow houses with building envelopes on the north ends of their lots. 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 from the street) extending along both sides of Dartmoor Drive from 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. 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 S'olid 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 1 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 Zaidi a Lane ITom 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 bujfer 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 11 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 ofPalfteyman'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 fmal 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 ftom 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 ofCC&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. Page 3 of 5 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. 11. Lot 1, 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 dty 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 1 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 1. 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 1O, 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. Page 4 of 5 Last revised: Aprìl12, 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 Palfi'eyman 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 Councilor 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 By: Laurie Allen By: Wayne Kankelberg, Chief Development Officer Bridlewood Subdivision BY:~ Ð-dviJ Lavigne I3ðrÆ.ßec!.Æ::~ Dartmoor Homeowners' Association By: ~ \ ~~ Ç?ç:-.......\~~,~ç \-1~~ Brady Tutner, President Kunz Hollow and Zaldien Zerua Subdivisions </i;. ~) By: ..J (.../Í . ( ?1.-/- Brad rd Dedman By: ~~~ Sharon McKee, Secretary ~ IA/~ Tim Wallace, Director-at-Large By: Page 5 of 5 Last revised: April 12, 2005 . . Lu ~b¡i¡!: ~~ """ 'I' " F ., .. ,ø.. ~., 'Û~~11tì)¡jr:c".'..1 ~~I 111 ',', ",,~', "':-'~"--1;'i:~~~jf'~"'_.'. ';""""'i'.t'~~d'J.~- .:- ;:, ~.~. ~ -. :;:~ '-~'" -</ / " f ~ ~.~ ~ ~ .. , , i I ~ " " ~ Lž ~:~ ÓG~ ~~~ ~ ~ ! ¡¡i ~ ~ ~ 0 9 i " 0- :<~ B ~~ "" § - :,', !I . j' ~ ,~...,... EXHIBIT A Kingsbridge Subdivision AZ-OS.OO3 Legal Description (3 pages) .,..--- -- '_.n ." - --.."..-.-- FOX Land Surveys, Inc. 48" 0.."8" Rd, aT. 1'. j -.. Id.h. J 8:11tl ~ 288"34ftf7 ~ 20..::142-7437 FAI( PROPOSED KlNGSBRIDGE SUBDlVIImN LOT 11. BLOCK 2 OF DARtMOOR SuBDIVISION WITHIN A PoR'TIC:W OF THE SoUnt '4, OF THE NoRTHWEST Y., AI\IO, TttE NORTK y, OF THE NOImMIEsT % OF THE ~ST %j SEClloN 28, TOWN6HIP 3 NORTH, RANGE 1 EAsT, BoISE MERIDIAN, AaACOUNTY, IDAHO Lot '11, Block 2 of DartmoarSubdlvision wifhn a Portion of The Soutn 'A of-the No1hwest ~, and, Ihe North ~ of the Northwest X of the Southwest ~, Section 28, Township 3 Nct1h, Range f East, Boise Meridian, 'Me County, IdahO, more partiOJlarly de&crib'id 88 follows: Seglnningat a fOW1å &rasa Cap Monument marking the NortllW881 Comer of Section 28. Township 3 North, 'Range 1 East, Soi8& Meridian, from Which a found Br~ss' C~ Monu~ ITIIiItking the % COmer common to SBblions 21 BI1d 2EI bNrs South 89°36:03" East 8 diitance of 2,857.34 feet; It1ønce along the boundary common to 'Sedions-2B and 29 01 seid Township and Range, South 00-27'43" West, a distance of 2.S41,~ feet to a,found 518" rebar with no cap, sQt plastic cap stamped "FLSI PLS 7612". marking the % comer commcn to Sections 28 and 29 of said Township and Range, the TRUE POINT OF Bl;GlNNING; Ihel'1ce along the East-West canter line of Section 26, South 89"23'38" East. a distance Of 45.QO feet t~ a set 518" reberwith plastic cap stamped "FJ..SI PLS 7612" on the Essl...rly right-ar-way Of Eagle Road, OU!Irf(itlg the Southwest comer of lCl11, Block 2 of D'artrr!oor SUbdivision; thence slang Hid E.eIMny right-of.way of Eagle Road ~d the WGlteny boundary of said Lot' 11, Wack 2 of Dartmoor SubclMsfon, Nortt! 00"27'43" EaaI a ClJatance of 60.00 feel to a set 5If1' rebSr with plastic cap stampsd "FL51 PLS 7612" Ed the eomer commcin to Lot 11 and lot 16 of said Dertmoor SUbdiviSion; thence 1II0I1g the boundaries of Bald Lot 11, Block 2 al Dartmoor SubdivisiOl'llhefoJ lowi n9 COU/'IIes and distances: South 89°23'36" East a distance of 628.24 ~t a point, from which a found W fsbar wi!hplssUc cap slaf"l1>ed "DHR PLS 3624" bears North 00"25'38" East a dislance orO,63 feet; , . . _._._-~~- --" , . - ,. r""~-.'~'""'~" North 00'25'38" East II w8lanœ of 228.03 feet lO a set 518' mbar with pJastic cap stamped "FlSI PLS 7612"; ~h 12'21'38. East a clÎstanœ of 201. 79 feel to the ~t rigtit-of-wayofeast Dartmoor Orilla; Sooth 89"25'51" En1 a di«snœ of 81. 12 feel to the nor1hesat right-of-way' Qf ,East Olll'tmoor Olive; North 46°52'10. East a di5tance or 164,01 feet to a B8t5l8" rebar.Wilh, plastic I;;ap stamped "RSI PLS 7612"; . North 00°30'11" E8S\ a dJat8nœ of 723.68 feel to the Northwest corner of said: Let 11. Block 2 Of Dartmoor SubdIvision, from which a founct W r'$bar wi1h plaStiC cap stamped "ÐtiR PLS 3624' bears South 00'"30',," West a distance of 0.44 feet; , thence, along the Nórtheny boundary Of said Lot 11. Block 2 of Dertrnaor Subdivision end the North 111Ft' line of S8Clion28, South 89"3(1'16" Easts dlatanc:e of', 741.56 feet. to the Northe:att COrner of said Lot 11 and the Center-North 1 /1S11 œmer or Sectien 28, marked by a set 5/8" rabat with plastic cap stamped "FLSI PLS 761:7; thence along the Easterly boundary of lISid Lot 11, Block 2 of Dartmcar Subdi,vision and the North-South cel'lter line of Sedion 28, South ,00°29'23" We8t B distance of 1,325.46 feet 108 found 1 inch Iron Pin wiIh no cap, set aluminum cap stamped "FLSI PLS 7612" ml!lrning the Southeaat comer of said Lot 11 and the Center of Sl!ICtion 26; theta 1110"'9 the Southerty bouncllillY of said Lot 11, !he East-West center lina of Section 28, end the Northerly boUndaty of Kuu: Hollow SubdiviSlotl, North elr2S'12' West, 8, diWlnce of 1 ,328.13 feet to à found 518" rebar with plaslic cap stamped KlS' 27'S J1'\aniing the Centør-West 1116" corner of Sec:tIon 28. and thtJ Nc/'ll1wQst <:!omer of Kunz Hollow Subdivision; " , thence along the West 1/1 ff' lin,9 of Section 28 and the WMterly boundary Of Kunz Hollow SUbdivisioo. South 00"33'59" West a dlstø'lœ of 651.38 feet. 10 a found SIB' rebar with p/alic cap slemped "EHM 32tIO' m&fkirçthe Southwest carner thereof and the ;Northeasl comer of Z4;Ildîen Zarua Suþdiwsion; thence along the Northerly boundary of Zald'ren Zerua SUbdivision and the Wasteriy 8Id1'llflSlM thereof, Narth 99"2,'45" West Ii! dislanpe d 1,328.64 feet a point on the We8l8l'ly boundary of Seœon 28 and the œnter line of So&dh Eagle Road, mañœd by a sel 518" rebar with plastic cap s\amfJ8d "FLSI PLS' 7612"; thenèe èlang said WHtarly bOU"Idary Of Sec:üon 28 and !he center line of South Eagle Road North 00"37'13" East, a dIstance of 660.65 feet to the TRUE POINT OF BEGINNtN(,;; "..~ .'---'---' --.-. -. "."". ,-~.~.. -----.- m Containing 3,341.7$4 squarefeQl. 78.718 acres. more cries&. $uþj.ec:t to existing easements 8nd rights-of-way as any may œùsl, of record or not of record. ' The Basis of Bearings for this deac::ription is betwaan the faI,Incl Brns Cap Monumenl m.king the Northw. Comer of SøctJon 2e, iownshrp 3 NOfti'I, Range 1 ,East, Boise Meridian, and the folXld Br8B& Cap Mon!JrT1ent marking ahe " Comer çommon to Sedion,s 21 and 28 \Wiidl be8rø South £19836'03" East a distance 012,657.34 teet, .....-....... ~~~'ÍJ. ~l$rt"'i,l~" , J~( " ~" "" ~)to,:, ..~ ,~,.. r .' w . .!' ~TX:.Y;,r Timothy J. Fox. PLS 7812 END OF DESCRIPTION TIP"; ""~",I'I:I""'-~!IOR.'t.DI!SC ..... CfIY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of a Request for Annexation and Zoning of 76.72 Acres from RUT (Ada County) to R-3 (Rural Medium Density Residential) AND PreliDÚDary 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 ~ereased Maximum Block Length, by Vision First, LLC. Case No(s): AZ..OS.003, PP-OS-O04, CUP-OS-O04 For the City Counell Hearing Date of: Apri112, 2005 A. Findings of Fact 1. 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.oS-OO3 I PP.oS-O04 I Cup.OS.o04. 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 L. 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 CoWleil takes judicial notice ants Zoning,' Subdivision and Development Ordinances codified at Titles 11 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 CoWlcil pursuant to Meridian City Code § 11-17-9. 4. Due consideration has been given to the comment(s) received trom 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 impo.se 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 W prks Department and any affected party requesting notice. . 7. That this approval is subject to the Legal Descriptio.n in Exhibit A, the Preliminary Plat dated AprilS, 2005 as shown in Exhibit B, the Site Plan dated April 5, 2005 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 sho.wn in Exhibit F. The co.oditions 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 MERlDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO{S). AZ-OS..oO3/ PP..oS-G04 / CUP-OS-G04- PAGE 2 of 5 Pursuant to the City Council's authority as provided in Meridiari 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 Prelinùnary Plat as evidenced by having submitted the Preliminary Plat dated April 5, 2005 is hereby conditionally approved; 2. The applicant's Site Plan as evidenced by having submitted the, Site Plan dated April 5, 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 Pennit 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 pemùtted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building pennits and commence construction of permanent footings 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 elate 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 ITom the original date of approval by the council. If the successive phases are not submitted withín 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 reque~t for approval of the [mal 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 1. 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-OO4-PAGE3 of 5 ' '_U"-'" with the City Clerk not more than twenty-eight (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, pUlSuant 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 pennit approval may within twenty-eight (28) days after the date of this decision and order seek ajudicial 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: Exhibit F: Preliminary Plat Site Specific and Standard Conditions CUP/PO Site Specific and Standard Conditions 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 ,:sttJ..- ~, 2005. day of COUNCIL MEMBER SHAUN WARDLE VOTED--YUL COUNCIL MEMBER CHRISTINE DONNELL VOTED~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED ~ COUNCIL MEMBER KEITH BIRD VOTED~ MAYORTAMMYde~ERD (TIE BREAKER) VOTED --- CIlY OF MERIDIAN FINDINGS OF F ACf, CONCLUSIONS OF LAW AND DECISION" ORDER CASE NO(S). AZ-OS-OO3 I PP-OS-OO4 I CUP-OS-O04- PAGE 4 of 5 Attest: Copy served upon Applicant, The Planning an onmg Department, Public Works Department and City Attorney. By: City Clerk's Office Dated: 5-' to-Ü'5 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-oO31 PP-OS.OO4 / CUP-OS-QO4- PAGE 5 of 5 EXHIBIT A Kingsbridge Subdivision AZ-O5-O03 Legal Description (3 pages) ,.. , --.' ----.- FOX Land Surveys, Inc. .,.. Gwrt... Rei, .T8 181 ~ ..... _'Ii ~ aula ~ 1""""'17 ..I 2N-341.'7437 ItAX - PROPOSED KlNGSBRIDGE SU8ÞM81ON LoT 11. BLOCK 2 OF DMTMOOR SuBOlU'ISIDN WITHIN A PoA'nDN OF THE Souni %. OF THE NoRTHWEST %, Al'fO, TtIE NORTK Y. OF 1NE NOR1HWEST % OF THE SouTHwEST %; SECTION 21, TOWNSHIP 3 NORTH, RANc! 1 EAsT. BoIse MERIDIAN. ADA Coumy, IDAHO Lo111, Block 2 of Dattmoar ,SUI1dM&on WithIn a Portion øf TtIe South }is of. the ~ y.. and. the North l' of the Northwusl ')o!í of the SouIkwesl ~, S9dion 28, Tawnøhip 3 Harth, Ra1ge 1 EMI, Boise Mericlì8n, 'Ms County, Idaho, mo~ particularly c$e8cribfí<l n folloWs; Beglnningst <II fpuncl araq Cae> MonuI'Ï1ent mørkJng Uie Narfhwelt Camei' of Seciion 2a, TDWnihip 3 North, Renge 1 East, Boise Meridian. from whicI1 a found B~$$.' CEW MoI1lJl:Mßl marking the % Cçimer common to Seblions 21 end 28 blNlrs South S9.36~O3' East 8 cIIit8noe cl2,657,)4 feel; ~ liliong tne botJnd8fY common to SecI1on& -28 end 29 of seId Township and ~ange, $ouIh ÓO"27'438 West\ a distance of 2,841.~ feet 10 a found 5IB" røbar with no cap, sijt plalltic cap lllamped "FLSI PlS 7612". marKing the ~ carner commcn to Sections 28 and 29 Of said Township and Range, the TRUE ~T OF QGlNNlNG; tI1ef1ce along ~e East-Weat centar Hna of Sdon 2B, South 89"23'38" East, 8 distanceof' 45.00 feet tQ a set 518" rebelr with plastio cap Mmped "FLSI PLS 7812" on the Easlerly right-of"", of Eegle Road, markíng the Southwest comer d let 11, Block 2 of Dartmoor SubdIvision: thenœ along Mia Easterly tight-of-wey of EagJl!l Road ~ the Weaterly boundary of said Lot 11, Block 2 of Dartmoor SubcflVisJon. Hartl'! OO'27'4~ E8at 8 diatence 0160.00 feel to 8 set 5IØ" rebar With p~ ClIp stamped 'FlSI PLS 7612" !It the c;omer common 10 Lot 1 1 and Lot 16 of said Dartmoor SUbdivIsion; Ihenœ along the,boundariu of aald Lot 11. Btodt 2 of Daltmoor SuÞcllvisjOf the following courus and dtatances: South W23'38" Eest 8 diEtsm:e of~8.:M ~et a poìnt, fr:om which II fO\..f1d:.s° ,rabat with plastic cap stamped "DHR PLS 3624" bears North 00"25'38" East s dislance of 0.63 .. ' ------.,,-_. "-'-'-----.. , --- ,... ---~_. NoI'1tI 00"25'38" East a distance of 228.03 feet to a set 518' rabar with plastic cap stamped "FLS. PLS 7612"; . North 12"21 '36" East 8 dist8nœ of 201. 79 f8$8'10 the 8OOthwest riQtit4-w8y of east Dattmoor Drive; South 89"25'51" E88Ia distsnœ of 81.12 feet to the nor1he&lt right-of-way I)f East Olltmoor Drive; North 46"52'10" East a diøtance of 164.01 feet to a 88t5lB" rebar,With, plastic r;ap 8t:amp8d 'FlSI PLS 7612"; , North 00"30'11" EII8I a dat8nœ of 723.68 f8eI to the Northwest corner of said Lot 11. Block 2 of Dartmoor SubdI~ilion. from whid1 a found W rebar with plastic cap stamped 'DH~ ÞlS 3624' beers South 00"30'11" West a distance 01 0.44 feet; , Ihencs, along 1hø Nórther1y bOunclll/'y 0\' Mid Let 11. Block 2 of ~oor SuWivision arid the North 1/1 ~~ line of Section 28, SQJt/' 89"~ 16" Easla dlttance of 1,741,56 feat to the NoI1I'I~st Com. ofsalcllct 11 and tI'Ie Centlir-North 1/1e" cometaf Sæion 26. mar1<ed, by 8 sel5/8" raber with plastic cap ~d "FLa. PLS 7812"; I21ance along the Eaatarly bcundøry of said Lot, 11, Block 2 of Dartmcor Subdi,visiCin and the North..soUth center line at Section 28, South 00"29'23" West 8 distance of 1,325.46 _108 found 1 incn Iron Pin with no caP, set alumlm,nTI œp 8I8mpeli "FI,.$I Pl5 r612" msrking !he SouIheaat cornet Of Mid Let 11 end the c.em.r of S!tCIion 28; thenœ along the Southerly boLll'lClaty of laid Lot 11, !he EIiIst-West center line of Section 29, end the NcrtheI1y boUndary of Kunz Hollow Subdivision, NorIh 89"25'12" West, ~ distance of 1 ,328. 13 feet 10 â kuld 5ffJ' tablll" with plastic œp IIt8q)8d "LS' 27'S miarkìng Iha Center-West 1/16'" c:orner of SectIon 28. end thO NotIhwe8I darner of Kunz Hotlow Subdivision; '. . thence along the West 1/1 Eft lin.e of Section 28 and the westerly Þoundary Of Kunz Hollow SUbdivision, South 00"33'89" Welt a distance of 661.38 feet 10 8 found 51B" raba.- with p/aSUC cap stamped "EHM 3260" rnarkIng,the SoIJIhWest carner thereof and the .Nörlheasl comer cf z..ldien ZB1JII Subdivision; thenœ along !he NoriherIy bowIdary of Zaldien Zsrua SUbdiviaion end Ih9 Westeriy 8Id8nSIcn ther8of, North 89"21'45" West Ii! distance of 1,328.64.feet ø point on the Wellsrly boundary of Sec:tion 28 and the œntar line of South Eagle Road, marked by a set 5/8" ~ar wilh plastic cap 818møed 'FLSI PLS 7612"; thenCe slong Aid W&Merly boundary Of Section 28 and the center line of South Eagle Road North 00"37'13" East. II di8lilnCe (If 660.65 feet 10 tI'18 TRUE' ÞölNT OF BEGINNING; - .'-"-'-- - """~'-'-" ----. .... Containing 3,341, 7~ square feøt, 16.716 &cres, more or less. SubJeCt to existing euements 8nd rights-of-way as any may cst, of ~ or nOt of record . The Basis DI' Bearing.:¡ for Ihia de8aiption is between the foI,Incl 81'18$ Cap Monument I11l1/11;ing the Nort~ Comer of Section 28, Townshtp 3 Nor1tl. Range 1 Easl, Boise Meridian, and the foLlld Braaa Cap Mo~ marking Ihe ~ CtlmGl,l' common t~ Section" 21 end 28 1A4'1ich bBarB South 89-36'03" East a dislanœ 012,667.34 flMlt. ' Ift~~~~ > 1m.¡ END OF DESCRIPTION ~~~ ~ w,~_UUI1j1Pnl--~_HII!$CoIo< ..¡:~ 01' V~"':1 :/;., --._...,-',- ,!' "/ .~:..~;; Timothy J. FOJ(, PLS 7812 EXHIBIT B Kingsbridge Subdivision PP-O5-004 Approved Preliminary Plat -.-. "---,-- .--- - .. r' --, EXHŒIT C Kingsbridge Subdivision CUP-oS-OO4 Approved Site Plan (2 pages) '---- ... ---,_.- ,..- ~,'",-,- ¡---------------.- ._-------r- -- -.,..- '1 I I o¡ ¡ 1'1 , ~ b~ ~:--.:y l ! 1. I J' I I' ¡ " I . I ! i ' : j, I , I' e. : I! .-.. : Ij I L ,e. :.1 I ..t I II , I : I ,\S) : I - : I... I ." L. I I .... J : J . I leI . ". I r I I ¡ = ", u :.::=~:.-~ =.f._.. .:~l::J m ...... --.,. . ._, t i'" lit! ¡i¡I'II' I nIl! J IIW'!'I"" Rql~ I . II~-; KlNOS8RDOB 8U8DM8!ON ¡;¡¡¡r:,:: . MBRnXAN. IIWfD . : r ,. JI ~Ii .j '------.." "." ---~ --.,.-.,.._"- . --'-"'-- . .,.,; . ( ,.. " I :! :11111 II 'IIIIIWIIIIUIIP:11ii¡~Qi~1 II~ Kllt°s..~ ~O" I I 04-0U5 IIÞIIIW DT .-.-,- - EXHIBIT D Kingsbridge Subdivision Az..O5-003 Annexation and Zoning Comments The applicant bas made the following commitments to be included as conditions of a Development Agreement (DA). A development agreement will be required as part of annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 8884433 to initiate this process. The DA shall incorporate the following: 0 That leucine on the north side of Lot 9. Bl.!Sk.1. adioinine Dartmoor Subdivision. shaD þe installed ptior to issuance Ot!l!ûlrSt buildine perDÙt on the subiect Dropertv: . . That the applicant shall impose, in the CCR's for Kingsbridge Subdivision, a minimum 25-foot rear yard setback on all perimeter lots; That the applicant shall impose a single story restriction on specific perimeter lots (see Exhibit E), sin21e-storv restricted lots shl~ hIve I maximum peak of 25- feet and a 10:12 muimum Ditch. with DO bonus rooms in the attic space; That 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; That the applicant shall construct a berm (maximum 4:1 slope) within the proposed 20~foot wide buffer strip along laldia Lane. Said benn shall produce a total vertical screen of II-feet (6-foot privacy fence on top of as-foot benn). Vertical screen height to be measured fÌ'om the laldia Lane/south property line established grade; That the applicant shall pipe the tail ditch from the Dartmoor irrigation pond (along Eagle Road, north ofDartmoor Drive) through the site; That a concrete sidewalk. curb. and Rutter (or~ U'mutuaUy af!J"eed by the developer and the Dartmoor residents. detached. meanderine sidewalks senarated from the street) extendinl! alonl! both sides of Dartmoor Drive from the Kinesbrid2e sidewalks at the current end of Dartmoor Drive to Eal!le Road. Construction of said sidewalks shall be completed prior to issuance olthe farst buiJdin2 permit in the deye'opmeut. (NOTE: Said improvements are subiect to ACHD aooroval an" desim standards): That the applicant will construct a 3-rail fence alone the Dartmoor Drive fronta2e for the existine homes alonR Dartmoor Qrive that currently do not have fencinR. In lieu of a 3-raiI fence. a white vinyl fence shaD be installed on the south side oCParcel # R173~100. Said...fm.çþ¡e shaD be completed prior to issuance of the first bUÜdin2 permit in Phase II (second final plat phase) of the development: 0 0 0 0 0 0 0 ._,--- . . . .-u 0 That prior to issuance of the first buildinl! permit fn Phase II (second rmal plat phase). the applicant shaU..niøe the tan ~tch from the Dartmoor frrig:ation pond (alone Eal!~e Roa€J. north of partmoor prive) throul!h the site and install a head g:ate on the new inlet to control water flow into the pond: To ensure that densiN changes are not ma4e between preliminarv and rmal plat approvals. no simllficant chang:es will be allowed to the plat dated ADrll 5. 2005. eXtent chane:es reouired bv g:overnmen~ al!encies or other minor chanecs approved by I!ovemmental ag:enc~o DO increase densitv or dallv vehicle trips. Except for minor lot size adjustments between adiacent oerimeter lots. DO perimeter lot in the su~on shall be reduced in size below the souare foota2e shown on the oreUminan' Blat €Jated April S. 2005. All perimeter lots shall remain as sinIDe home residential lots that cannot be further subdivided or split as part of this subdbPton. The oreliminarv plat dated Aoril 5. 2005. is herebv included as a contQtioD of approval for develooine: the subject orooertv: That the aoopcant shall develoo a weed control and maintenance olan for the undeveloped areas of the subdivision: That the applicant shall develop a e:radin2 and drainalle plan for the five (5) lots on the northwest comer of the subdivision: and. That the applicant's Dims for retention and/or treatment of storm water prior to leaving: the site shall be submitted for review and approval oftbe Dartmoor BOA Pres.dent w~ch shall not þe unreasonablv withheld. 0 0 0 0 , 3. EXHIBIT E Kingsbridge Subdivision PP-OS-OO4 Preliminary Plat Site Specific and Standard Conditions SITE SPECIFIC CONDITIONS (pRELIMINARY PLAT) 1. The 3-page preliminary plat prepared by The Land Group, Inc., dated April 5. 200S. is approved with the conditions listed herein. All conditions of the Conditional Use Pemùt (CUP-O5-004) application shall also be considered conditions ofthe Preliminary Plat (PP-O5-004). 2. Provide a public stub street to the Blackmer Property (Parcel No. R3193250030), approximately 450-feet east of the west property line (in aligmnent with Darlington Way), Provide approximately lOa-feet ofúontage 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 ZaIdia Lane. Trash cans for Lot 14 shall be brought to the'curb ofK.ingsbridge Drive. Any existing domestic wells and/or septic systems within this project will have to be removed úom their domestic service, per City Ordinance Section 5-7-517, 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 senteQ,ce 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 1, and Lot 20, Block 2, free of weeds and debris and is subject to a 60-foot wide irrigation easement. . . . 5. All inigation 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 begirming at the Dartmoor ilTigation pond (along Eagle Road, north of Damnoor Drive) through the subject site. Plans will need to be approved by the appropriate inigationldrainage 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 will 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 witlún this development (MCC 12~5~2.N). The City of Meridian requires that pressurized hrigation 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 coIUlection 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 of the 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 I~ 14-05 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. . The 8DDlicant shall install vinvl Drivacv fenm2 extending alone the north prouertv lines lincludine: the Dortion of the north side of Lot 9. Block H. and extendine alone the portion of the south bounda" of Lot 17. Block 2. InstaU either 5.foot wrould1t iron or 6-foot vinvl.J!!:ivacv fence on all other protect perimeters. All fences shall taper down to 3 feet maximum within 20 feet of all right.of-way. Fenclnf! on the north side of Lot 9. Block 1. shaD be completed prior to issuance of the farst bulldine: permit in Kinesbridee Subdivision. . All micropaths within the proposed subdivision shall be designed in accordance with MCC 12~13-15 "Micropath Landscaping" and MCC 12-4-3 "Pedestrian Walkways." Micropath fencing shall be constructed per MCC 12~ 13-15-9. as proposed. . Depict a minimum 40~foot wide landscape buffer along Eagle Road (including a 5-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 me 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. . Along Zaldia Lane, the applicant shall construct a 5-foot wide landscape strip, south ofilie 6~foot vinyl privacy fence. An evergreen tree shall be installed every 20-feet on center within the landscape strip. ..., --~._u_,_u. .- . The applicant shall construct a benn (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 ofa 5-foot berm). Vertical screen height to be measured &om the laldia Lane/south property line established grade. . Lot 1. Block 5. shall be ~andscaped with erass an4 ever2reen trees to comDlete an imDrove4 butTer between the adioinin2 Dartmoor homeowner and South Merrlvale Wav. LandacDine: shall be installed Drior to the issuance of the fll'st buJIdm2 DerDÚ.!..in Phase 2 (second final Dlat Dhase). 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 1 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 trom 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 fonn 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-foot detached sidewalks adj acent 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. 15. Direct lot access to Eagle Road is prohibited. A note shall be placed on the final plat restricting access to Eagle Road. 16. The followbte: lots shall be restricted to a Imide storv residence inc1udine a mnimum Deak of 25-feet and a 10: 12 maximum Ditch. with no bonus rooms in the attic space: Lots 5~ 6~ 7. 8.14~ 15.22.31 and 32~ Block 2 ----~~---- - n__,_- Lots 3. 4. S. 30 and 31. Block 1 Lots 17 and 18. Block 18 Lots 2. 3. 4 and S. Block 5 Lots 22. 23. 24 and 25. Block 7 A note shall be Dlaced on the final DlatCs) statin!!'the heil!ht restriction for the above-listed lots. 17. Place a note on the face of the final Dlat statin!! that all oerimeter lots have a minimum 2S-foot rear vard setback. 18. South Ivv Bride:e Wav shall be redesimed to terminate in a cul-de-sac and not connect with KmllSbridtre Drive from Merrivale Way Cas shown in the oreliminarv Dlat dated ADril S. 2005). 19. The minimum house size for a sint!le-story dwepmt! shall be 2.000 SQuare feet and the minimum bouse size for a two story home shall be 2.400 SQuare feet. A note shall be Dlaced on the face of the ~aI Dlatls) statine: the SQuare footaf!e minimums. GENERAL CONDITIONS (pRELIMINARY PLAT) I. All grading of the site shall be performed in confonnance 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 110% 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-hoodred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are detennined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit fTom 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 wi11 not be considered as replacement trees for those trees that have to be mitigated. 8. 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 stoms. up to and including a 10O-year stonn events. Side slopes within drainage areas shall not exceed 3: 1. Any portion of a drainage area not improved with 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 detennining the groW1dwater, 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 of3-feet above the highest established nonnal 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 Post 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 inigation. 11. Compaction test results must be submitted to the Meridian Building Deparbnent 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 groWldwater elevation, 13. The applicant shall be required to pay Public Works development plan review, and construction inspection fees, as detennined during the plan review process, prior to signature on the final plat per Resolution 02-374. 14. Applicant shall be responsible for application and compliance with any Section 404 Pennitting that may be required by the Anny Corps of Engineers. . 15, Applicant shall be responsible for application and compliance with and NPDES Pennitting that may be required by the Environmental Protection Agency. .~--"- 16. Staff's failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 17. 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 fanúly 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. International Fire Code Appendix C. 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 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 comers when spacing pennits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be placed IS" 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 sha11 have a twning radius of 2S.feet inside and 4S- feet outside radius. 5. For all Fire Lanes (including bulb.outs with lAndscape islands/"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 constnlction 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 50 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--tnÌnute 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 3. 4. 5. --- Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles ftom a given location and sufficient operational funds to staff the facilities. 9. All portions of the buildings located on this project must be within 1 SO' 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) fi'om 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 instaIled 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 DEPART~NT 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 Environmental Quality. Run-off is not to create a mosquito breeding problem. Stonnwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 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 DoMs Moore at 466-7861 for further infonnatÍon. 2. All laterals and waste ways must be protected. 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 Inigation 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 to scheduling the final plat for signature by the ACHD Commission or prior to . issuance of a building permit (or other required pennits), 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-or-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 hnpact Study. Provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions 4. Construct a northboWld 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 witlùn 50-feet (minimum) of right-of-way. Provide an easement to the District for any portion of the sidewalk that is outside ofthe 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 intemallocal roadways as 36.foot street sections within SO-feet of right-of-way with rolled curb, gutter and 5-foot concrete sidewalks, If the 6. 2. 3. sidewalk meanders outside of the right~of~W3Y, the applicant should provide the District with an easement for the sidewalk. 7. Extend Dartmoor Drive into the site as proposed. There shall only be one street connection to the existing Dartmoor Drive ftom the new subdivision, as proposed on the revised layout (See attachment #5). 8. Any landscape islands or medians shall be owned and maintained by the homeowner's association. Notes of this are required on the final plat. 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 tenninus 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 ofthe 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 tenninus 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 ftontage 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 tlús application, direct lot access to Eagle Road is prohibited and shall be noted on the final plat. 14. Comply with aU 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. 4. 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. 5. 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 pennits), 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 inipact 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 utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1- 8()()"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 tenDS 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 representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confmnation 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 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. EXHmIT F Kingsbridge Subdivision CUP-O5-004 CUPIPD Site Specific and Standard Conditions SITE SPECIFIC CONDITIONS (CONDITIONAL USE PERMIT) 1. The 2-page site plan prepared by The Land Group, Inc., dated April S. 2005, is approved with the conditions listed herein. All conditions of the Preliminary Plat application shall also be considered conditions of the Conditional Use Pennit (CUP-OS-O04) application. 2. The project shall confonn to the R-3 dimensional standards, modified as follows: . Minimum lot frontage: 60-feet (non-cul-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, that 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 smps 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 (ClC) from the City prior to construction of any pennanent 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 Utùfonn Building Code. 5. The applicant shall install a sign on Lot 13, Block 1, infonning construction 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 1, identifying Kingsbridge Drive as the only entrance for construction traffic. A GENCY 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 of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500' apart. International Fire Code Appendix C. 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 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 comers 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 twning radius of 28-feet inside and 48- feet outside radius. . 5. 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 penuanent street signs are required before combustible construction begins. 7. To increase emergency access to the site a minimmn of two points of access will be required for any portion of the project, which serves more than 50 homes. The two entrances shall be separated by no less than ~ 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 1.5 miles from a given location and sufficient operational funds to staff the facilities. 9. All portions ofilie buildings located on this project must be within 150' 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 afire 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 dwing 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 Environmental Quality. 3. Run-offis not to create a mosquito breeding problem. 4. Stozmwater 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 stonnwater management system that prevents groundwater and surface water degradation. NAMPA & MERIDIAN IRRIGATION DISTRICT 1, If all stann 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 sitet the N ampa & 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 infonnation. 2. A111aterals and waste ways must be protected. 3. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to aU 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-ofwway 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 pennit (or other required pennits), whichever occurs first. Allow up to 30 business days to process the rightwof.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 minimwn of 100-feet of storage with shadow tapers for both the approach and departure directions 4. Construct a northbound rightwtum 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 S-foot concrete sidewalks within 50-feet (minimum) of rigbt-ofwway. 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 intemallocal roadways as 36~foot street sections within 50-feet of right-of~way with rolled curb, gutter and 5-foot concrete sidewalks. lithe sidewalk meanders outside of the right'of~way, the applicant should provide the District with an easement for the sidewalk. 6. 7. Extend Darbnoor 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). 8. Any landscape islands or medians shall be owned and maintained by the homeowner's association. Notes of this are required on the final plat. 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 tenninus 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 tenninus 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 l80-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 höme 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 inigation facilities shall be relocated outside of the right-of-way. 2, 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. 3. 4. 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 nwnbers) for details. 5. All design and construction shall be in accordance with the Ada COWlty Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances urness specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. ' 6. 7. The applicant shall submit revised plans for staff approval. prior to issuance of building pennit (or other required pennits), which incorponites any required design changes. Construction, use and property development shall be in confonnance with all applicable requirements oftbe 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 utilities 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 tenns 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 representative of the Ada County Highway Dis1rict. The burden shall be upon the applicant to obtain written confinnation 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 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 G Kingsbridge Subdivision AZ-OS-OO3 Zoning Amendment Findings According to Ordinance 11-15-11, 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 11-15-11 and analysis of the 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, 'mediwn 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 confonns 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 Jntended to be rezoned in the future; ConCU1Teßt with the annexation and zolÙng application, the applicant has submitted a preliminary plat and conditional use pennit proposing single-family lots on the subject site (pP-OS.O04 & CUP-OS-OO4). City Council does not anticipate that the applicant plans to rezone the subject property in the future if the 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; City Council finds that the proposed development would be allowed within the requested R-3 zone, (if the accompanying Conditional Use Pennit 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 .teess been developed or planned or adjacent area being developed in a fasmon 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 the requested annexation application, this will be the first property in Section 28, Township 3 North, Range 1 East to be annexed into the coIporate 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 adj acent 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 sunuunding 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. E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearanee 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 harmOIÙous 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 to address their concerns. F. Will the proposed uses Dot be hazardous or disturbing to existing or future neighboring uses; The Commission and Council should rely on public testimony (oral and written) to detennine whether or not the proposed use will be distwbing or hazardous to the existing or future neighboring uses. City Council does not anticipate that the proposed use will be disturbing to future or existing neighbors, as long as landscaping, fencing and other recommended conditions !lIe 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, 2005, 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 J. trash for the proposed Lot 14, Block 2. Therefore, trash caps for Lot 14, Block 2, should be pulled to the curb of Kings bridge Drive. H. Will not create excessive additional requirements at public cost for pubUc 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 inigation, 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 Dot involve uses, activities, proce~ses, 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 "]" below), or odors. To lessen the impact of this development on the existing residences. in Damnoor Subdivision, City Council recommends that construction traffic be prohibited fÌ'Om 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. 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 (Kings bridge 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 of Dartmoor Drive will cause traffic volumes on the existing portion of the s!Teet to increase. However, if the extension ofDartmoor Drive is constructed 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 !Tees on ilis 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 CoWlcil 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, 11-17-1992)? The legal description subnùtted 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, City Council finds that the annexation/zoninŒ of this OroDertv would be in the best interest of the City. EXHIBIT B Kingsbridge Subdivision PP..OS-OO4 PreUminary Plat Findings Sections 12.3.3 J.2 and 12.3.5 D read as follows: "In detennining 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 tile 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 tile proposed development; City Council finds that public services can be made available to accommodate the proposed development. See Zoning Amendment Findings "0" 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 publit fmanclal capability of supporting services for the proposed development; See Zoning Amendment Finding "R" and the Agency Comments and Conditions for more detail. E. The otller health, safety or environmental problems that may be brought to the Commission's attendon. 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. c, D. EXHIBIT I Kingsbridge Subdivision CUP-OS-O04 CUPIPD Findings The Commission and CoucH 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 find 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 tbis ordinance; Ai; part of the Planned Development (PD) the applicant is requesting relief from the standard street ftontage 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 a11 other required features. Although the site is large enough to acconunodate all of the features required by ordinance, the applicant has asked, through the Planned Development, to modify the specific development standards listed above (ftontage 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. B. That the proposed use and development plan will be harmonious with the MeridJan Comprehensive Plan and in accordance with the requirements of this Ordinance; The CWTent Comprehensive Plan Land Use Map designates the property as Mediwn and Low Density Residential. As noted in the annexation analysis, City Council finds that the development appears to be in general confonnance 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 sucb use will not adversely change the essential character of the same area; See Zoning Amen~ent 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; 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", "H", "In, 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 fire 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 "0" 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 Dot create excessive additional requirements at public cost for pubUc facilities and services and will not be detrimental to the economic welfare of the commwùty; See Zoning Amendment Finding "H". G. That the proposed use will not involve activities or processes, materials, equipment, and condidons of operation that wiD be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odo"; See Zoning Amendment Finding "P'. H. 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".