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HomeMy WebLinkAboutCity Clerk ChecklistCITY CLERK FILE CHECKLIST Project Name: Knight Sky Estates Contact Name: Shawn Nickel Date Received from Planning and Zoning Department: Planning and Zoning Level: ❑ Transmittals to agencies and others: ❑ Notice to newspaper with publish dates: File No. Phone: 908-4398 January 13, 2009 Hearing Date: ❑ Certifieds to property owners: ❑ Planning and Zoning Commission Recommendation: Notes: City Council Level: Transmittals to agencies and others: ❑ Notice to newspaper with publish dates: ❑ Certifieds to property owners: ❑ City Council Action: and ❑ Approve ❑ Deny Hearing Date: February 10, 2009 January 13, 2009 01/19/09 and 02/02/09 I-IS-C ❑ Approve ❑ ❑ Findings / Conclusions / Order received from attorney on: Findings / Conclusions / Order: ❑ Approved by Council: ❑ Copies Disbursed: ❑ Findings Recorded Development Agreement: ❑ Sent for signatures: ❑ Signed by all parties: ❑ Approved by Council: ❑ Recorded: ❑ Copies Disbursed: Ordinance No. Resolution No. ❑ Approved by Council: ❑ Recorded: Deadline: 10 days ❑ Published in newspaper: ❑ Copies Disbursed: Notes: Deny R—kti r: Ongrial Res / Copy Cart. 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Flrel"M File Capes to-Apphcerk Project file Clty Engineer City Pl— City Altrnney Depty Clerk E IDIAN�- IDAH TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN Mayor Tammy de Weerd City Council Members: Keith Bird Joe Borton Charles Rountree David Zaremba To insure that your comments and recommendations will be considered by the Meridian City Council please submit your comments and recommendations to Meridian City Hall Attn: Jaycee Holman, City Clerk, by: February 3, 2009 Transmittal Date: January 13, 2009 File No.: MDA 08-008 Hearing Date: February 10, 2009 Request: Public Hearing -- Request to modify the Development Agreement for Knight Sky Estates By: Sea to Sea, LLC Location of Property or Project Chinden Blvd Joe Marshall (No FP) 6555 North Linder Road NWC of Linder & David Moe (No FP) Wendy Newton-Huckabay (No FP) Michael Rohm (No FP) Tom O'Brien (No FP) Tammy de Weerd, Mayor Charlie Rountree, C/C Brad Hoaglun, C/C Keith Bird, C/C David Zaremba C/C Water Department Sewer Department Sanitary Services (No VAR, VAC, FP) Building Department / Rich Greene Fire Department Police Department City Attorney City Engineer City Planner Parks Department Economic Dev. (CUP only) Your Concise Remarks: Meridian School District (No FP) Meridian Post Office (FP/PP/SHP only) Ada County Highway District Ada County Development Services Central District Health Nampa Meridian Irrig. District Settlers Irrig. District Idaho Power Co. (FP,PP,CUP/SHP only) Qwest (FP/PP/SHP only) Intermountain Gas (FP/PP/SHP only) Bureau of Reclamation (FP/PP/SHP only) Idaho Transportation Dept. (No FP) Ada County Ass. Land Records Downtown Projects: Meridian Development Corp. Historical Preservation Comm. South of RR / SW Meridian: NW Pipeline New York Irrigation District Boise-Kuna Irrigation District Phone 208-888-4433 • Fax 208-888-4218 • www.meridiancity.org L./ Date: February 10 200 File No.: MDA-08-008 Project Name: Knight Sky Estates Request: Request to modify the Development Agreement for Knight Sky Estates, by Sea to Sea, LLC. Location: Located at 6555 N. Linder Road, on the NWC of N. Linder Road and Chinden Blvd., in the SE '/4 of Section 23, TAN., R.1 W. M�IE RIDIAN Planning Department COMMISSION & COUNCIL RigVV4V"_4- TION Type of Review Requested (check all that a ❑ Alternative Compliance ❑ Annexation and Zoning ❑ Comprehensive Plan Map Amendment ❑ Comprehensive Plan Text Amendment ❑ Conditional Use Permit ❑ Conditional Use Permit Modification ❑ Design Review ❑ Final Plat ❑ Final Plat Modification ❑ Planned Unit Development ❑ Preliminary Plat ❑ Private Street ❑ Rezone ❑ Time Extension (Commission or Council) ❑ UDC Text Amendment ❑ Vacation (Council) ❑ Variance 14 Other. Development Agreement Mod an 41 STAFF USE ONLY: File number(s): _M DA- 05 - p©$ Project name: Kniq k--t �kr_3 Date filed: 12 18-05 Date complete: 1- 6,--09 Assigned Planner: ` On'1 - Wa-f -ferS Related files: A Z—O(o-ac5s i PI'- cw-- o o W PS - .7 (v - C>O,i Hearing date: 2--10"0a ❑ Commission IYCouncil Applicant Information Applicant name: Sea to Sea, LLC Phone: 208-908-4398 Applicant address: 1676 S. Streampointe Eagle Idaho zip: 83616 Applicant's interest in property: 0 Own ❑ Rent ❑ Optioned ❑ Other Owner name: Sea to Sea, LLC Phone: Owner address: 1676 S. Streampointe Eagle Idaho zip: 83616 Agent name (e.g., architect, engineer, developer, representative): Shawn L. Nickel Firm name: Rose Law Group Borton Phone: 208-908-4398 Address: 6223 N. Discovery Wav, Suite 200, Boise, ID zip: 83713 Primary contact is: ❑ Applicant ❑ Owner ❑ Agent ❑ Other Contact name: Shawn L. Nickel Phone: 208-908-4398 E-mail: snickelCcDroselawgroup.com Fax: 208-658-2371 Subject Property Information Location/street address: N/VV Corner of Linder and Hwy 20/26 - 6555 N. Linder Road Assessor's parcel number(s): R1065270123 & R106570127 Township, range, section: 4N, 1 W, Sec. 23 Total acreage: 55.83 acres +/- Current land use: Vacant -Agricultural Current zoning district: CC, TNC and R-4 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 1 .s Project Description Project/subdivision name: Knight Sky Estates Subdivision General description of proposed project/request: _ Request for modification Of Development Agreement to include building elevations and modify Highway access reference 5 1 8 Proposed zoning district(s): CC, TN-C and R-4 (Existing) Acres of each zone proposed: CC=11.16; TN-C= 14.54• R-4= 32.86 Type of use proposed (check all that apply): 0 Residential 0 Commercial 0 Office ❑ Industrial ❑ Other Amenities provided with this development (if applicable): Waterfall, clubhouse ponds parks Who will own & maintain the pressurized irrigation system in this development? TBD Which irrigation district does this property lie within? Nampa -Meridian Irriqation District Primary irrigation source: Pressure Secondary: Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): Residential Project Summary (if applicable) Not Applicable Number of residential units: 125 Number of building lots: 125 Number of common and/or other lots: 26 Proposed number of dwelling units (for multi -family developments only): 1 Bedroom: Minimum square footage of structure(s) (excl. garage): Minimum property size (s.f): Gross density (DU/acre-total land): 2.3 Percentage of open space provided: 16.3 2 or more Bedrooms: Proposed building height: Average property size (s.f.): Net density (DU/acre-excluding roads & alleys): 2.86 Acreage of open space: 9.1 Percentage of useable open space: 6.2% (See Chapter 3, Article G, for qualified open space) Type of open space provided in acres (i.e., landscaping, public, common, etc): Comm=3.5ac; Landsc=5 6 Type of dwelling(s) proposed: 0 Single-family 0 Townhomes ❑ Duplexes ❑ Multi -family Non-residential Project Summary (if applicable) Number of building lots: 6 Other lots: Gross floor area proposed: 93,000 +1- Existing (if applicable): N/A Hours of operation (days and hours): TBD Percentage of site/project devoted to the following: Landscaping: TBD Building: TBD Building height: 50' max Paving: TBD Total number of employees: TBD Maximum number of employees at any one time: TBD Number and ages of students/children (if applicable): Total number of parking spaces provided: 190 Authorization Print applicant name: Shawn L. Nickel Seating capacity: Number of compact spaces provided: Applicant signature: C7. Date: 1 Z' / 7 - 0 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 2 R ( ev.4/4/08) ROSEIBORTON LAW GROUP December 17, 2008 Honorable Mayor and City Council City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 u SHAWN L. NICKEL Principal Land Use Planner 6223 N. Discovery Way, Suite 200 Boise, ID 83713 Phone 208.323.5393 Fax 208.658.2371 snickel@roselawgroup.com www.roselawgroup.com RE: Knight Sky Estates Annexation and Preliminary Plat — Letter of Intent Dear Mayor and Council; As representative for Sea 2 Sea, LLC, please accept this request to modify the development agreement for the Knight Sky Estates Subdivision, located on the northwest corner of the intersection of W. Chinden Boulevard and N. Linder Road in Meridian, Idaho. Knight Sky Estates Subdivision includes 55.83 acres and was originally approved with 125 residential, 6 commercial, and multiple common lots. The subdivision, together with the annexation and zoning designations of R-4 (Medium Low Density), TN-C (Traditional Neighborhood Center District) and C-C (Community Business District) was approved in 2006. The development agreement was approved July 5, 2006. On November 5, 2008, a time extension was approved for this project, allowing an additional 18- months for final plat approval of the first phase of development. As a condition of approval for the time extension, staff is requiring the applicant to submit additional building elevations to the Council demonstrating examples of the single family residential, townhomes and commercial structures that will be part of this future development. At this time, the applicant would also like to address the issue of access to Chinden Blvd (Highway 20/26). Section 5.1.8 of the development agreement, under Conditions Governing Development of Subject Property, states the following regarding access: 5.1.8 That only one public access, and no direct lot access, to Chinden Boulevard will be allowed on this site; that the Chinden Boulevard access be constructed as a public street that aligns with the existing public street on the south side of Chinden Boulevard (Long Lake Way); and that all existing accesses to Chinden Boulevard will be abandoned. In light of the recent development applications and decisions being made by the City of Eagle and Idaho Transportation Department with regard to access for other land uses in the vicinity of the intersection of Linder and Chinden, the applicant feels that access for the Knight Sky property should be re -addressed. Because the development agreement is being brought forward for modification, this appears to be an appropriate time for discussion. The applicant will work with staff on some proposed wording revisions to Section 5.1.8 that will address limited access on Chinden Boulevard. Thank you for your consideration and we look forward to working with you and your staff again on this project. Sincerely, Shawn L. Nickel Representing Sea 2 Sea, LLC Knightsky Development Agreement Modification Neighborhood Meeting December 16, 2008 6:00 p.m. at Spur Wing Clubhouse Sign up Sheet NAME ADDRESS PHONE # 1 COMMITMENT OF PROPERTY POSTING Per Unified Development Code (UDC) 11-5A-5D, the applicant for all applications requiring a public hearing (except for a UDC text amendment, a Comprehensive Plan text amendment and/or vacations) shall post the subject property not less than ten (10) days prior to the hearing. The applicant shall post a copy of the public hearing notice of the application(s) on the property under consideration. The applicant shall submit proof of property posting in the form of a notarized statement and a photograph of the posting to the City no later than seven (7) days prior to the public hearing attesting to where and when the sign(s) were posted. Unless such Certificate is received by the required date, the hearing will be continued. The sign(s) shall be removed no later than three (3) days after the end of the public hearing for which the sign(s) had been posted. I am aware of the above requirements and will comply with the posting requirements as stated in UDC 11-5A-5. Applicantlagent signature Date STATE OF IDAHO ) COUNTY OF ADA ) AFFIDAVIT OF LEGAL INTEREST (name) \�P�7 (address) (city) (state) being first duly sworn upon, oath, depose and say: 1. That I am the record owner of the property described on the attached, and I grant my permission to: Sh,qw,j Z- Ah c keL 62z'3 /U• O.'sCuvoi) Lvtq)- aoo 6015 : (name) (address) to submit the accompanying application(s) pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this _day SUBSCRIBED AND SWORN to before me the day and year first above written. Notary Public for Idaho) • \OTAgy °: Residing "�JgOG My Commission Expires: o� 111101110 ADA COUNTY RECORDER J. D,%-., NAVARRO AMOUNT .00 64 BOISE IDAHO 07/31/06 02:44 PM DEPUTY Bonnie erbillig RIII I'II'll'll'II'II'I�I'I'II'I'III'II ECORQED—REQUEUEST OF Meridian City Public Works 106122 651 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Foothill Knights, LLC, Owner 3. Sea 2 Sea, LLC, Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this f- day of A/ , 2006, by and between City of Meridian, a municipal corporation of the State of Idaho, ereafter called "CITY", Sea 2 Sea, LLC, whose address is 757 West Bankside Drive, Eagle, Idaho 83616, hereinafter called "DEVELOPER", and Foothill Knights, LLC, whose address is 757 West Bankside Drive, Eagle, Idaho 83616, hereinafter called "OWNER". RECITALS: 1.1 WHEREAS, "Owner" are the sole owners, in law and/or equity, of certain tract of land 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 1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re -zoning that the "Developer" and/or "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 the Meridian Unified Development Code, which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, "Developer" has submitted an application for annexation and zoning of the "Property" described in Exhibit A, and has requested a designation of (R-4) Low Density Residential District, (TN-C) Traditional Neighborhood Center, and (C-C) Community Business District, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Developer" and/or "Owner" 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 06-005) KNIGHT SKY SUBDIVISION PAGE I OF 11 ADA COUNTY RECORDER J. D,,_,, NAVARRO AMOUNT .00 64 BOISE IDAHO 07/31/06 02:44 PM DEPUTY Bonnie lig III I'II'�I'll�ll'II'III�I'II'I' III'II RECORQED—REQUEST REQUEST OF Meridian City Public Works 106122 65 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Foothill Knights, LLC, Owner 3. Sea 2 Sea, LLC, Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this f day of GL/ , 2006, by and between City of Meridian, a municipal corporation of the State of Idaho, ereafter called "CITY", Sea 2 Sea, LLC, whose address is 757 West Bankside Drive, Eagle, Idaho 83616, hereinafter called "DEVELOPER", and Foothill Knights, LLC, whose address is 757 West Bankside Drive, Eagle, Idaho 83616, hereinafter called "OWNER". 1. RECITALS: 1.1 WHEREAS, "Owner" are the sole owners, in law and/or equity, of certain tract of land 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 1.2 WHEREAS, I.C. § 67-651 IA, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re -zoning that the "Developer" and/or "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 the Meridian Unified Development Code, which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, "Developer" has submitted an application for annexation and zoning of the "Property" described in Exhibit A, and has requested a designation of (R-4) Low Density Residential District, (TN-C) Traditional Neighborhood Center, and (C-C) Community Business District, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Developer" and/or "Owner" 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 06-005) KNIGHT SKY SUBDIVISION PAGE 1 OF 11 1.6 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 1.7 WHEREAS, City Council, the 61h day of June, 2006, 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 1.8 WHEREAS, the Findings require the "Developer" and/or "Owner" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "DEVELOPER" and/or "OWNER" deem it to be in their best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at their urging and requests; and 1.10 WHEREAS, "City" requires the "Developer" and/or "Owner" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "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 06-005) KNIGHT SKY SUBDIVISION PAGE 2 OF 11 1.6 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 1.7 WHEREAS, City Council, the 61h day of June, 2006, 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 1.8 WHEREAS, the Findings require the "Developer" and/or "Owner" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "DEVELOPER" and/or "OWNER" deem it to be in their best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at their urging and requests; and 1.10 WHEREAS, "City" requires the "Developer" and/or "Owner" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "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 06-005) KNIGHT SKY 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 of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "DEVELOPER": means and refers to Sea 2 Sea, LLC, whose address is 757 West Bankside Drive, Eagle, Idaho 83616, the party developing said "Property" and shall include any subsequent developer(s) of the "Property". 3.3 "OWNER": means and refers to Foothill Knights, LLC, whose address is 757 West Bankside Drive, Eagle, Idaho 83616, the party that owns said "Property" and shall include any subsequent owner(s) of the "Property". 3.4 "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-4) Low Density Residential District, (TN-C) Traditional Neighborhood Center, and (C-C) Community Business District 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 which are herein specified as follows: Construction and development of a Certificate of Zoning Compliance shall be submitted to the City of Meridian prior to a future development in the R-4, TN-C and C-C zones, and the pertinent provisions of the City of Meridian Comprehensive Plan are applicable to this AZ 06-005 application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. DEVELOPMENT AGREEMENT (AZ 06-005) KNIGHT SKY SUBDIVISION PAGE 3 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 of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "DEVELOPER": means and refers to Sea 2 Sea, LLC, whose address is 757 West Bankside Drive, Eagle, Idaho 83616, the party developing said "Property" and shall include any subsequent developer(s) of the "Property". 3.3 "OWNER": means and refers to Foothill Knights, LLC, whose address is 757 West Bankside Drive, Eagle, Idaho 83616, the party that owns said "Property" and shall include any subsequent owner(s) of the "Property". 3.4 "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-4) Low Density Residential District, (TN-C) Traditional Neighborhood Center, and (C-C) Community Business District 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 which are herein specified as follows: Construction and development of a Certificate of Zoning Compliance shall be submitted to the City of Meridian prior to a future development in the R-4, TN-C and C-C zones, and the pertinent provisions of the City of Meridian Comprehensive Plan are applicable to this AZ 06-005 application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. DEVELOPMENT AGREEMENT (AZ 06-005) KNIGHT SKY SUBDIVISION PAGE 3 OF 11 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. "Developer" and/or "Owner" shall develop the "Property" in accordance with the following special conditions: 5.1.1 That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 5.1.2 That all future development in the TN-C and CC zoned lots be subject to Design Review approval, and that all TN-C lots contain structures that are at least two -stories tall. 5.1.3 That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of the development. 5.1.4 That the future uses and lots on this site shall conform to the District Regulations and Allowed Uses contained in the Unified Development Code (UDC), in effect at the time of development. 5.1.5 That the applicant be responsible for all costs associated with the sewer and water service extension. 5.1.6 That any existing domestic wells and/or septic systems within this project will have to be removed from 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. 5.1.7 That prior to issuance of nay building permit, the subject property shall be subdivided in accordance with the City of Meridian Unified Development Code. 5.1.8 That only one public access, and no direct lot access, to Chinden Boulevard will be allowed on this site; that the Chinden Boulevard access be constructed as a public street that aligns with the existing public street DEVELOPMENT AGREEMENT (AZ 06-005) KNIGHT SKY SUBDIVISION PAGE 4 OF 11 5. CONDITIONS GOVERNING PROPERTY: DEVELOPMENT OF SUBJECT 5.1. "Developer" and/or "Owner" shall develop the "Property" in accordance with the following special conditions: 5.1.1 That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 5.1.2 That all future development in the TN-C and CC zoned lots be subject to Design Review approval, and that all TN-C lots contain structures that are at least two -stories tall. 5.1.3 That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of the development. 5.1.4 That the future uses and lots on this site shall conform to the District Regulations and Allowed Uses contained in the Unified Development Code (UDC), in effect at the time of development. 5.1.5 That the applicant be responsible for all costs associated with the sewer and water service extension. 5.1.6 That any existing domestic wells and/or septic systems within this project will have to be removed from 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. 5.1.7 That prior to issuance of nay building permit, the subject property shall be subdivided in accordance with the City of Meridian Unified Development Code. 5.1.8 That only one public access, and no direct lot access, to Chinden Boulevard will be allowed on this site; that the Chinden Boulevard access be constructed as a public street that aligns with the existing public street DEVELOPMENT AGREEMENT (AZ 06-005) KNIGHT SKY SUBDIVISION PAGE 4 OF 11 on the south side of Chinden Boulevard (Long Lake Way); and that all existing accesses to Chinden Boulevard will be abandoned. 5.1.9 That all landscape street buffers and land use buffers will be constructed in accordance with the UDC provisions in effect at the time of development. 5.1.10 That a maximum of 125 single-family residential dwellings be allowed on the subject property. 5.1.11 Prior to signature of the final plat of the last phase of this development by the City Engineer, the applicant shall obtain a 20-foot wide sanitary sewer easement through the out -parcel located in the northwest corner (indicated on the preliminary plat to be R1065270110) of this development or move the lift station to insure that it does not dead end (coordinate with Public Works Department). Coordinate with the Public Works Department an acceptable alternative plan to facilitate decommissioning the list station and the pressure sewer that goes along with it when gravity sewer becomes available to this site. The Homeowners Association shall own and operate said lift station. The costs of decommissioning the lift station shall be borne by the developer and not the future Homeowners Association. 5.1.12 That the developer has volunteered to construct gateway signage near the corner of Linder Road and Chinden Boulevard, in accordance with the Gateway Committee's standards. 6. 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 "Developer" and/or "Owner" or "Developers" and/or "Owners" heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of Subject Property" of this agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Developer" and/or "Owner" consents upon default to the reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to -wit: DEVELOPMENT AGREEMENT (AZ 06-005) KNIGHT SKY SUBDIVISION PAGE 5 OF 11 on the south side of Chinden Boulevard (Long Lake Way); and that all existing accesses to Chinden Boulevard will be abandoned. 5.1.9 That all landscape street buffers and land use buffers will be constructed in accordance with the UDC provisions in effect at the time of development. 5.1.10 That a maximum of 125 single-family residential dwellings be allowed on the subject property. 5.1.11 Prior to signature of the final plat of the last phase of this development by the City Engineer, the applicant shall obtain a 20-foot wide sanitary sewer easement through the out -parcel located in the northwest corner (indicated on the preliminary plat to be R1065270110) of this development or move the lift station to insure that it does not dead end (coordinate with Public Works Department). Coordinate with the Public Works Department an acceptable alternative plan to facilitate decommissioning the list station and the pressure sewer that goes along with it when gravity sewer becomes available to this site. The Homeowners Association shall own and operate said lift station. The costs of decommissioning the lift station shall be borne by the developer and not the future Homeowners Association. 5.1.12 That the developer has volunteered to construct gateway signage near the corner of Linder Road and Chinden Boulevard, in accordance with the Gateway Committee's standards. 6. 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 "Developer" and/or "Owner" or "Developers" and/or "Owners" heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of Subject Property" of this agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Developer" and/or "Owner" consents upon default to the reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to -wit: DEVELOPMENT AGREEMENT (AZ 06-005) KNIGHT SKY SUBDIVISION PAGE 5 OF 11 M 7.1 That the "City" provide written notice of any failure to comply with this Agreement to "Developer" and/or "Owner and if the "Developer" and/or "Owner" fails to cure such failure within six (6) months of such notice. 8. INSPECTION: "Developer" and/or "Owner" 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. 9. DEFAULT: 9.1 In the event "Developer" and/or "Owner", or "Developer's" and/or "Owner's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Properly", 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. 9.2 A waiver by "City" of any default by "Developer" and/or "Owner" of any one 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. 10. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Developer's" and/or "Owner's" cost, and submit proof of such recording to "Developer" and/or "Owner", prior to the third reading of 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. 11. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. DEVELOPMENT AGREEMENT (AZ 06-005) KNIGHT SKY SUBDIVISION PAGE 6 OF 11 7.1 That the "City" provide written notice of any failure to comply with this Agreement to "Developer" and/or "Owner and if the "Developer" and/or "Owner" fails to cure such failure within six (6) months of such notice. 8. INSPECTION: "Developer" and/or "Owner" 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. 9• DEFAULT: 9.1 In the event "Developer" and/or "Owner", or "Developer's" and/or "Owner'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. 9.2 A waiver by "City" of any default by "Developer" and/or "Owner" of any one 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. 10. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Developer's" and/or "Owner's" cost, and submit proof of such recording to "Developer" and/or "Owner", prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the "Properly" 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. 11. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. DEVELOPMENT AGREEMENT (AZ 06-005) KNIGHT SKY SUBDIVISION PAGE 6 OF 11 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Developer" and/or "Owner", or by any successor or successors in title or by the assigns of the 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. 12.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Developer" and/or "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 of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either "Developer" and/or "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 of time of such delay. 13. 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 "Developer" and/or "Owner" agree to provide, if required by the "City". 14. CERTIFICATE OF OCCUPANCY: The "Developer" and/or "Owner" agree that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Developer" and/or "Owner" has entered into an addendum agreement stating when the improvements will be completed in a phased developed; 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". DEVELOPMENT AGREEMENT (AZ 06-005) KNIGHT SKY SUBDIVISION PAGE 7 OF 11 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Developer" and/or "Owner", or by any successor or successors in title or by the assigns of the 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. 12.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Developer" and/or "Owner" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non -breaching parry'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 of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either "Developer" and/or "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 of time of such delay. 13. 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 "Developer" and/or "Owner" agree to provide, if required by the "City". 14. CERTIFICATE OF OCCUPANCY: The "Developer" and/or "Owner" agree that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Developer" and/or "Owner" has entered into an addendum agreement stating when the improvements will be completed in a phased developed; 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". DEVELOPMENT AGREEMENT (AZ 06-005) KNIGHT SKY SUBDIVISION PAGE 7 OF 11 15. ABIDE BY ALL CITY ORDINANCES: That "Developer" and/or "Owner" agree 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. 16. 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: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 OWNER: Foothill Knights, LLC 757 W. Bankside Drive Eagle, ID 83616 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 DEVELOPER: Sea 2 Sea, LLC 757 W. Bankside Drive Eagle, ID 83616 16.1 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. 17. 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 determined by a Court of competent jurisdiction. This provision shall be deemed to be a DEVELOPMENT AGREEMENT (AZ 06-005) KNIGHT SKY SUBDIVISION PAGE 8 OF 11 15. ABIDE BY ALL CITY ORDINANCES: That "Developer" and/or "Owner" agree 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. 16. 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: C/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 OWNER: Foothill Knights, LLC 757 W. Bankside Drive Eagle, ID 83616 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 DEVELOPER: Sea 2 Sea, LLC 757 W. Bankside Drive Eagle, ID 83616 16.1 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. 17. 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 determined by a Court of competent jurisdiction. This provision shall be deemed to be a DEVELOPMENT AGREEMENT (AZ 06-005) KNIGHT SKY SUBDIVISION PAGE 8 OF 11 separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. 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. 19. 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 "Developer" and/or "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 "Developer" and/or "Owner", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Developer" and/or "Owner" has fully performed its obligations under this Agreement. 20. 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. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Developer" and/or "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 "Developer" and/or "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". 21.1 No condition governing the uses and/or conditions governing re -zoning of the subject "Property" herein provided for can be modified or amended without DEVELOPMENT AGREEMENT (AZ 06-005) KNIGHT SKY SUBDIVISION PAGE 9 OF 11 separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. 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. 19. 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 "Developer" and/or "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", 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 "Developer" and/or "Owner", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Developer" and/or "Owner" has full performed its obligations under this Agreement. y 20. 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. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Developer" and/or "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 "Developer" and/or "Owner" and "City", other than as are stated herein. Except as hereinis otherwise provided, no subsequent alteration, amendment, change or addition to th Agreement shall be binding upon the parties hereto unless reduced to writing and signed is them or their successors in interest or their assigns, and pursuant, with respect to duly adopted ordinance or resolution of "City". "City", to a 21.1 No condition governing the uses and/or conditions governing re -zoning of the subject "Property" herein provided for can be modified or amended without DEVELOPMENT AGREEMENT (AZ 06-005) KNIGHT SKY SUBDIVISION PAGE 9 OF I I ... On the approval of the City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. 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 FOOTHILL KNIGHTS, LLC By: DEVELOPMENT AGREEMENT (AZ 06-005) KNIGHT SKY SUBDIVISION PAGE 10 OF 11 ..i the approval of the City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22• 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 FOOTHILL KNIGHTS, LLC h F✓ " By: DEVELOPMENT AGREEMENT (AZ 06-005) KNIGHT SKY SUBDIVISION PAGE 10 OF 11 Attest: V —1 CLERK STATE OF IDAHO, ) ss County of Ada, ) CITY OF MERIDIAN BY: MAYOR T de WEE/RD ., v Tn = i-+ fy,!lf�Jr��i3#iit-ri3�t�t�i*�R\V On this day of , 2006, before me, the undersigned, a Notary Public in and for said State, personall ap eared known or identified to me to be the of Sea 2 Sea, LLC, acknowledged to me that he executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. w �oTwR�. .ram, it LIS A O •��';rl' OF Notary Public r Idah Residing at: My Commission Expires: DEVELOPMENT AGREEMENT (AZ 06-005) KNIGHT SKY SUBDIVISION PAGE 1 I OF 11 Attest: CLERK STATE OF IDAHO, ) ss County of Ada, ) CITY OF MERIDIAN BY: �ZORR7T MAYde WE W f^ ter.• ERD ?ti'tls't��; On this 9 day of , 2006, before me, the undersigned, a Notary Public in and for said State, Personallt appeared known or identified to me to be the of Sea — ' acknowledged to me that he executed the same on behalf of said corporation. 2 Sea, LLC, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public r Idah Residing at: My Commission Expires: DEVELOPMENT AGREEMENT (AZ 06-005) KNIGHT SKY SUBDIVISION PAGE 11 OF I STATE OF IDAHO, ) ss County of Ada, ) On this 5 Mil day of � u I y , 2006, before me, the u dersigued, a Notary Public in and for said State, personally appeared known or identified to me to be the ()VV r—*9of Foothill Knights, LLC, acknowledged to me that he executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day an .jar in this certificate first above written. e`:�ttER (SEAL) 140-P A � . GBLIC •,fin ip� STATE OF IDAHO ) ss County of Ada ) Notary Public or Icfah Residing at: GiG(, &-, My Commission Expires: On this_ day of TLx i , 2006, before me, a Notary Public, personally appeared Tammy de Weerd an William G. Berg, Jr., know or identified to me to be the Mayor and Clerk, respectively, of the 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. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. 0909.9 •• gA •• i . ��QQ��•i (SEAS) Notary Public for Idaho Residing at: C'(li 1 r u h Commission expires: ►p �I I -1 1 DEVELOPMENT AGREEMENT (AZ 06-005) KNIGHT SKY SUBDIVISION PAGE 12 OF 11 STATE OF IDAHO, ) ss County of Ada, ) On this 5 Mil day of ,� u y u dersi ed, a Notary Public in arid for said State, 2 personally me, eared CW known or identified to me to be the 0w° '�"' of Foothill Knights, LLC, acknowledged to me that he executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day an x+aar in this certificate first above written. (SEAL) 14 p'P' * d R A ' ift &BGIC •iDA �. STATE OF IDAHO ) ss County of Ada ) Notary PublicAA& r. Idoah Residing at: 1' My Commission Expires: On this day of u , 2006, before me, a Notary Public, personally appeared Tammy de Weerd an William G. Berg, Jr., know or identified to me to be the Mayor and Clerk, respectively, of the 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. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. 4.•09 f....••••• (SEAS) Notary Public for Idaho Residing at: hid t : Commission expires: •;�'' IC-- •• DAR p 10-II-11 ONDS8016 DEVELOPMENT AGREEMENT (AZ 06-005) KNIGHT SKY SUBDIVISION PAGE 12 OF 11 of Meridian Pre -application Meetin Project/Subdivision Name: Kni a k;f- S Notes Date--�-�9 Applicant/Contact: -S%ciurn N„ y p City Staff: Stvn�a- 3P) , Fen;e Location: t�j Uj L Existing Zoning: Contiguous and Within AOI (AZ only): Proposed Zoning: Number of Units and/or Lots: Property Size: 4`zS ac-re5 Surrounding Uses: Comprehensive Plan Designation(s): Street Buffers and/or Land Use Buffers: Open Space/Amenities/Pathways: Street System/Stub Streets/Access- Dwelling Type (if residential): Sewer and Water Service: Topography/Hydrology/Floodplain Issues: Canals/Ditches/Irrigation and/or Hazards: History: A��ov�- �e� PP- a(,-oo4_ a- pA Ac Additional Meeting Notes: Doi -t-n inc to ke eye -r;s,, �"-6C T & 4-C, S- (- 8 -b cdd►Pss acr-esg #b n -K- Va-ri4nc-e r eq ui v -P$ cicc-255 -}5 „t y� `_p 2 d Other Agencies/Departments to Contact (circle): Ada County Highway District Nampa and Meridian Irrigation Idaho Transportation Department Settlers Irrigation Sanitary Services Corporation Fire Department Central District Health Police Department Applications Required (circle all that apply): Accessory Use Design Review Alternative Compliance Final Plat Modification Annexation isc. (DA Modification, Certificate of Zoning Compliance Planned Unit Development Comp Plan Map Amendment Preliminary Plat Comp Plan Text Amendment Private Street Conditional Use Permit Rezone Additional Pre -Application Conference (circle one) Anticipated Submission Date: Required Parks Department Public Works Department Building Department Other: Short Plat Time Extension UDC Text Amendment Vacation arianc Other: Anticipated Hearing Date: of Require - NOTES: 1) Applicants are required to hold a neighborhood meeting, in accordance with UDC 11-5A-5C, prior to submittal of an application requiring a public hearing (except vacation and short plat). 2) Except for UDC Text Amendments, Comprehensive Plan Text Amendments, Comprehensive Plan Map Amendment initiated by the City, Short Plat, and Vacation applications, all other applications requiring a public hearing shall be posted in accordance with UDC 11-5A-5 D. 3) The information provided during this meeting is based on current City Code and Comprehensive Plan. Any subsequent changes to City Code and/or the Comprehensive Plan may affect your submittal and/or application. This pre -application meeting shall be valid for 4 months. r C; g T New Commercial/Office Elevations Knightsky Subdivision 12/021/2008 New Commercial/Office Elevations Knightsky Subdivision New Commercial/Office Elevations Knightsky Subdivision New Single Family Residential Elevations Knightsky Subdivision u New Single Family Residential Elevations Knightsky Subdivision New Single Family Residential Elevations Knightsky Subdivision New Single Family Residential Elevations Knightsky Subdivision New Single Family Residential Elevations Knightsky Subdivision New Single Family Residential Elevations Knightsky Subdivision New Single Family Residential Elevations Knightsky Subdivision `./ on CL W C.� Z O t) V/ O O cn E c B IL KNIGHT SKY TOWNHOUSE FRONT YARD CONCEPTS Original Submitted Elevations Knightsky Subdivision Northwest Corner Southwest Corner KNIGHT SKY LINDER/CHINDEN CORNER CONCEPT Original Submitted Elevations Knightsky Subdivision