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HomeMy WebLinkAboutStaff ReportCITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 STAFF REPORT FTParina TlatP• (lrtnhPr 7 7008 TO: Mayor and City Council FROM: Bill Parsons, Associate City Planner E IDIAN~ (208) 884-5533 1 ~ A ~ O SUBJECT: Ambercreek No. 2 TE-08-016 Request for approval of an 18-month time extension to obtain the City Engineer's signature on the fmal plat for Ambercreek Subdivision No. 2, by Dyver Development We have reviewed this submittal and offer the following comments and conditions: 1. APPLICATION SUIVIlVIARY The Applicant, Dyver Development, has requested approval of an 18 month time extension to obtain the City Engineer's signature on a final plat for Ambercreek Subdivision No. 2. The Applicant has been unable to meet the time requirements specified in Unified Development Code (UDC) 11-6B-7. The Applicant states the reason for the delay is due to the state of the current residential real estate market (see Applicant's letter dated June 24, 2008). The annexation (AZ-OS-055) and preliminary plat (PP-OS-057) for Ambercreek Subdivision were approved by the Meridian City Council on February 26, 2006. The final plat (FP-06-027) for Ambercreek Subdivision No. 2 was approved by the Meridian City Council on July 18, 2006. A previous time extension (TE-07-009) was approved for this project by the Planning Director on May 23, 2007. This administrative level time extension granted by the Director was valid until July 18, 2008. (Note: The Applicant submitted the subject time extension application prior to this expiration date). The City of Meridian's Unified Development Code (iJDC 11-6B-7) allows the Director to authorize a single extension of time to obtain the City Engineer's signature of a final plat, not to exceed 18 months, when the Applicant files a written request for an extension prior to the expiration of the Final Plat, which the Applicant did in 2007. As mentioned above, the Applicant is now requesting an additional 18 month time extension. Additional time extensions of up to 18 months require City Council approval. With all extensions, the City may require compliance with the current provisions of the UDC as a condition for granting a time extension (LTDC 11-6B-7C). On August 5, 2008, the City Council provided staff with guidelines to nse when evaluating time extension requests. These guidelines are meant for guidance and not as a mandate. Based on the direction given to staff, there are additional conditions for this project that Staff is recommending be added/updated to the previously approved set of conditions. Please see Staff Analysis below. The subject final plat consists of 74 single-family lots and 5 common/other lots in the R-8 zoning district on 16.47 acres. The site is located on the west side of N. Meridian Road and the south side of E. McMillan Road, in Section 36, T.4N., R.1 W. 2. STAFF ANALYSIS As mentioned above, the City Council has directed staff to use guidelines when evaluating time extension requests. Staff has reviewed the pertinent files regarding the Ambercreek Project and fmds Ambercreek No. 2 TE - 1 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 the site complies with the current UDC standards regarding open space and site amenities. In addition the final plat complies with then-8 dimensional standards as well. However, the guidelines provided from the City Council direct staff to require applicants to modify current development agreements if elevations were not tied to the development. As part of the approval process, the subject site was subject to a DA but no elevations were tied to the development. Staff has provided photos in Exhibit A.4 below of what has been constructed in the first phase of this development. Staff is recommending the applicant and the City modify the current DA for this site and include the photos as exhibits to the DA in affect. Because a Development Agreement modification requires separate public notice and a public hearing, the applicant should be required to submit a development agreement modification application within three months of the subject time extension approval, or the subject time extension approval should become null and void. 3. STAFF RECOMMENDATION Staff is recommending approval of an 18 month time extension to obtain the City Engineer's signature for Ambercreek Subdivision No. 2 to expire on January 18, 2010. However, as a condition of approval, the Council should require the developer to submit a development agreement modification application for the site to include building elevations similar to those attached in Exhibit A.4 and any other DA provisions City Council discusses during the public hearing within three months of the subject time extension approval. CONDITIONS OF APPROVAL 1. Applicant is to meet all terms of the approved annexation (AZ-OS-055), preliminary plat (PP-OS- 057), and final plat (FP-06-027) for this development. 2. The applicant shall submit a development agreement modification application to the Planning Department by January 7, 2009 (3 months after time extension approval). Said application shall propose building elevations for this property that are similar to those shown in Exhibit A.4 of the subject staff report. 3. If the applicant submits a DA modification as stated above, and signs the addendum to the DA as approved by the City Council, then the Applicant shall have 18 months, until January 18, 2010, to obtain the City Engineer's signature on a final plat for Ambercreek Subdivision No. 2. The City Engineer will not sign the final plat for Ambercreek Subdivision No. 2 until the applicant complies with the conditions herein. If the applicant fails to submit and sign a DA modification for this site that incorporates building elevations, then the subject approval for TE-08-016 shall be null and void. 4. PROPOSED MOTION Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number TE-08- 016, as presented in the staff report for the hearing date on October 7, 2008. Denial After considering all Staff, Applicant, and public testimony, I move to deny File Number TE-08-016, as presented during the hearing on October 7, 2008, for the following reasons: (You should state specific reasons for denial.) Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Number TE-08- 016 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance) Ambercreek No. 2 TE - 2 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 5. PROCESS FACTS a. The subject application will, in fact, constitute a time extension as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: September 15, 2008 and September 29, 2008 c. Radius notices mailed to properties within 300 feet on: September 12, 2008 d. Applicant posted notice on site by: September 27, 2008 6. EXHIBITS A. Drawings 1. Vicinity Map 2. Approved Final Plat 3. Approved Landscape Plan 4. Elevations 5. Current Development Agreement Provisions (Instrument# 106048481) Ambercreek No. 2 TE - 3 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 A. Drawings 1. Vicinity Map Exhibit A - 1 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE DARING DATE OF OCTOBER 7, 2008 2. Approved Final Plat a ~ ~` .~ ~ i7 i~ ~~ 41 y y )1 ! ~~d i~"g ~ ~~~ ~_y~q~~}~~ ~$~~ ~ , ~=~~ ~ ~ ~ 8 ~ v4 ~_,; _ III A o: ~- ~^~ ~iQya c as c "a ~~4 ~~~~~ ¢~ r^~ Z ~ _ N ~ ~i I ~ T- O '1 J v, 9<G I q~ ~ y --~ r---~~ .m I ir-~ r -9 r -- a I ~ L~pPm__J a ~'~~ ~I 0 ~ g~~ ©"®'i pp ';g'yp'' ®I ~~ p i --~+-_' ial-m~__J 3 cF~ o ~ I ~ ~ MgCp ~ ~ I~ry9~ r - ..m~- w (~~~ I .m.. _ ~ _ 1 8_ I I I I A ',~q I I ~ ~H{~ I O~ li ryry +~+~ - moa,l I ~ LCC J L__J L J L_ J L _ I°Cr }__ "`I~ I I ~ 1 A-- -- Ar>m~ti A r~ J I I ~ 4 ~-_J I~ ~ -.1~00Y____.__ V~ ~ u ncn ml as a. p ~ pi ~ ® ~ ag~ o o ~o ~o o ~o o ~ °f ~~~~d _~ ~ i ~ - 1 I ~' ~ a w m i I ~ um- m~~ I ' ~81T/ A~ AL _ i R'.~i' lPJ I Lam ® I f Ip ilOliO g °0 ~~' lO I~~'- ~`b I I ®I ! I L ~1II .+ ~ _J o f w I ~' p ~ i j ~ ~ ~ r® ~ t~ JL_.JL-J L_ .. 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J I I L-,,«J L ~J ~ i L_ J I 1 L_._J L _J I L _J I 1 1 L_-.s r 1 ~ I , ~ A I , ~, o ~o ~ ~ _ _ ~ O ! r `~ I O . _, I `s`ue:' - J I O 1 ~ .....wad ~~.~ ~ p Iw~'1 ~ - -- ® "" " I s atr>~•~ i I I ~ ~!~ ~ ~ -mmv_ _ ~" _1 I lei ® 1 ,~~ ~~ _. _J ~' Exhibit A - 3 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 3. Approved Landscape Plan Exhibit A - 4 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 4. Photos of existing homes in Ambercreek No. 1 °- ,__. j ! ---- - Exhibit A - 5 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 Exhibit A - 6 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 5. Current Development Agreement Provisions (Instrument # 106048481) 3. DEFIIVITION3: Far all plupases of this Agreement the following words, terms, aad phrases herein comained in this section shall bo defined aad 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 mlmicipal Corporation and government subdivision of the state of Idabw, organized aad existing by virtue of law of the State of Idaha, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 32 "OWNER/DEVELOPER": means and refers to Dyver Developmem, LLC., whose address is 36 E. Pine Ave~e, Meridian, ® 83642 the party developing said "Property" and shall include aay subsequent owners and/or developei{s) of the "Property". 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Pra~rty" located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be annexed and coned R-8 (Medium Density Residetdxal) attached hereto and by this reference incorporated herein as if set forth aL length. 4. 17SES PERIVIITTED BY THIS AC,REEINEIVT: 4.1 The uses allowed pursuaat m this Agreement arc only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Cain Section 11-7-2 which are herein specified as follows: ConslrucNon and development aj o Cert~Icote of 2oning Compliance shall be submf~ed to fire City ojMerldran p~lor to a futwe development in then-8zun~ and rhepert~nentprov~SPans of the CityojiKertdian Conrprel~enslveFlan areapplicabletothisAZ OS-OSS application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. S. DEVELOPMENT IN CONDTI70NAL USE: "Owaer/Developei" ha.9 submitted to "City" an application for candfdonal use permit site plan dated October 24, 2005. and shall be inquired to obtain the "City'°' approval thereof, in accordance to the City's DEVELOPMENT AGREEMENT (AZ OS-0S~ AMBERI:REEK SUBDMSION PAGE 3 OF 10 Exhibit A - 7 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 Zoning a~ Development Ordinance criteria, therein, provided, prior to, and as a condition o~ the commencement of construction of a~ buildings or improvements on the "Properly" that require a conditional use permit. No new buildings are approved for construction mrder this conceptual CUPlPD application. All future buildings shall require approval of a detailed CUP prior to submittal of a~ Certificate of Zoning Compliance applicationand/or building permit B. CONDITIONS GOVERNING DEVELOPMENT OF 3U&IECT PROPERTY: 6.1. "Owner/Developer" shall develop the "Property" in accordance with the following special conditions: 6.1.1 That all fixture uses shall not im*olve uses, activities, processes, materials, equipment and conditions of operation that wilt be detrimental to any person, property or the general welfare by reason of excessive production of tt~c, noise, smoke, fumes, glare or odors. 6.12 That all fixture development of the subject property shall be constructed in accordance wiW City of Meridian orduoaaces in effect at the time of the development 6.1.3 That the applicant be responsible for all costs associated with the sewer a~ water service extension. 6.1.4 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 far non-domestic purposes such as landscape irrigation. 6:1.5 That prior to i~trance of any banding permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. 6.1.6 That five-foot wide sidewalks and street bui3E'ers, constructed in accordance with City Code, be installed along McIvinlan road and Meridian Road prior to occupancy of any new dwelling units. DEVELOPMENT AGREEMENT (AZ OS-0SS) AMBERCREIiK St1BDMSION PAGE 4 OF 10 Exhibit A - 8 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 6.1.7 That an public sweet access will ~ allowed to McMillan road and one public stmt access will be atlowed to Meridian Road; direct lot access to McMillan Road and Meridian Road shall be prohibited. 7. COMPLIANCE PERIOD/CONSENT TO REZONE: This Aaad the commitment contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Oauaer/Developer" or"O~weis/Developers" heirs, successors, assigav, to comply with Section 6 entitled "Conditioffi Governing Developmen; of Subject Property" of this arreement within two years of the date this Agrseeme~ is effective, and aRer the "City"has complied with the notice and hearing procedi~es as outlined in Idaho Code § 67- 6509, or arty subsequem aiaeadments or recodifica>,tons thereof. 8. CONSENT TO DE-ANNEXATION AND REVER6AL OF ZONING DESIGNATION: "Owner/Developer" consents upon default to the reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions prec~ent to-wir. 6.1 That the "City" provide written notice of nay failure to comply with this Agreement t0 "Owner/Developrer" ensl rf the "Owner/Developer" fails to cure such failm~e within riic (~ months of such notice. 9. INSPECTION: "Owner/Dcroeloper"shall, immaliately upon completion of a~ 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 appisova! of such completed improvemerit~ or portion thereof in accordance with the berms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: 10.1 In the evem "Owner/Developer", "OwnerJDeveloper's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Propert~~', fail to faithfully comply with all of the ~ and coadi6orrs included in this Agc+eeme~ in connection with the "Pmperiy".this Agreement maybe modiSed or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. DEVELOPMENT AGREEMENT (AZ OS-044) ANIDERCREEK SUBDIVISION PAGE 4 OF 10 Exhibit A - 9 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 STAFF REPORT FTParina Tlat, • (lrtnhvr 7 ?008 TO: Mayor and City Council FROM: Bill Parsons, Associate City Planner w IDIAN (208) 884-5533 C> SUBJECT: Ambercreek No. 2 • TE-08-016 Request for approval of an 18-month time extension to obtain the City Engineer's signature on the final plat for Ambercreek Subdivision No. 2, by Dyver Development We have reviewed this submittal and offer the following comments and conditions: 1. APPLICATION SUMMARY The Applicant, Dyver Development, has requested approval of an 18 month time extension to obtain the City Engineer's signature on a final plat for Ambercreek Subdivision No. 2. The Applicahas been unable to meet the time requirements specified in Unified Development Code (UDC) 11-6B-7. nt The Applicant states the reason for the delay is due to the state of the current residential real estate market (see Applicant's letter dated June 24, 2008). The annexation (AZ-05-055) and preliminary plat (PP-05-057) for Ambercreek Subdivision were approved by the Meridian City Council on February 26, 2006. The final plat (FP-06-027) for Ambercreek Subdivision No. 2 was approved by the Meridian City Council on July 18, 2006. A previous time extension (TE-07-009) was approved for this project by the Planning Director on May 23, 2007. This administrative level time extension granted by the Director was valid until July 18, 2008. (Note: The Applicant submitted the subject time extension application prior to this expiration date). The City of Meridian's Unified Development Code (UDC 11-6B-7) allows the Director to authorize a single extension of time to obtain the City Engineer's signature of a final plat, not to exceed 18 months, when the Applicant files a written request for an extension prior to the expiration of the Final Plat, which the Applicant did in 2007. As mentioned above, the Applicant is now requesting an additional 18 month time extension. Additional time extensions of up to 18 months require City Council approval. With all extensions, the City may require compliance with the current provisions of the UDC as a condition for granting a time extension (UDC 11-6B-7C). On August 5, 2008, the City Council provided staff with guidelines to use when evaluating time extension requests. These guidelines are meant for guidance and not as a mandate. Based on the direction given to staff, there are additional conditions for this project that Staff is recommending be added/updated to the previously approved set of conditions. Please see Staff Analysis below. The subject final plat consists of 74 single-family lots and 5 common/other lots in the R-8 zoning district on 16.47 acres. The site is located on the west side of N. Meridian Road and the south side of E. McMillan Road, in Section 36, TAN., R.1 W. 2. STAFF ANALySIS As mentioned above, the City Council has directed staff to use guidelines when evaluating time extension requests. Staff has reviewed the pertinent files regarding the Ambercreek Project and finds Ambercreek No. 2 TE -1- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 the site complies with the current UDC standards regarding open space and site amenities. In addition the final plat complies with theR-8 dimensional standards as well. However, the guidelines provided from the City Council direct staff to require applicants to modify current development agreements if elevations were not tied to the development. As part of the approval process, the subject site was subject to a DA but no elevations were tied to the development. Staff has provided photos in Exhibit A.4 below of what has been constructed in the first phase of this development. Staff is recommending the applicant and the City modify the current DA for this site and include the photos as exhibits to the DA in affect. Because a Development Agreement modification requires separate public notice and a public hearing, the applicant should be required to extension approval, or the subject time extension approval should become null and void. submit a development agreement modification application within three months of the subject time 3. STAFF RECOMMENDATION Staff is recommending approval of an 18 month time extension to obtain the City Engineer's signature for Ambercreek Subdivision No. 2 to expire on January 18, 2010. However, as a condition of approval, the Council should require the developer to submit agr a development eement modification application for the site to include building elevations similar to those attached in Exhibit A.4 and any other DA provisions City Council discusses during the public hearing within three months of the subject time extension approval. CONDITIONS OF APPROVAL 1. Applicant is to meet all terms of the approved annexation (AZ-05-055), preliminary plat (PP-05- 057), and final plat (FP-06-027) for this development. 2. The applicant shall submit a development agreement modification application to the Planning Department by January 7, 2009 (3 months after time extension approval). Said application shall propose building elevations for this property that are similar to those shown in Exhibit A.4 of the subject staff report. 3. If the applicant submits a DA modification as stated above, and signs the addendum to the DA as approved by the City Council, then the Applicant shall have 18 months, until January 18, 2010, to obtain the City Engineer's signature on a final plat for Ambercreek Subdivision No. 2. The City Engineer will not sign the final plat for Ambercreek Subdivision No. 2 until the applicant complies with the conditions herein. If the applicant fails to submit and sign a DA modification for this site that incorporates building elevations, then the subject approval for TE-08-016 shall be null and void. 4. PROPOSED MOTION Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number TE-08- 016, as presented in the staff report for the hearing date on October 7, 2008. Denial After considering all Staff, Applicant, and public testimony, I move to deny File Number TE-08-016, as presented during the hearing on October 7, 2008, for the following reasons: (You should state specific reasons for denial.) Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Number TE-08- 016 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance) Ambercreek No. 2 TE -2- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 5. PROCESS FACTS a. The subject application will, in fact, constitute a time extension as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: September 15, 2008 and September 29, 2008 c. Radius notices mailed to properties within 300 feet on: September 12, 2008 d. Applicant posted notice on site by: September 27, 2008 6. EXHIBITS A. Drawings 1. Vicinity Map 2. Approved Final Plat 3. Approved Landscape Plan 4. Elevations 5. Current Development Agreement Provisions (Instrument# 106048481) Ambercreek No. 2 TE -3- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 A. Drawings 1. Vicinity Map Exhibit A -1- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 2. Approved Final Plat WE I LYLYHE � aooe� rcy � I snn of .asW i ,am, acurmm. ... k nm 3.W.M4 Exhibit A -2- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7,2008 Ail i fill i : / / � � 2| { ` �` w Z ilk �.&z-�})� Exhibit A -3- 3 1,73HE CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 3. Approved Landscape Plan Exhibit A -4- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 4. Photos of existing homes in Ambercreek No. I Exhibit A -5- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 Exhibit A 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 5. Current Development Agreement Provisions (Instrument # 106048481) 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 "OWNER/DEVF,LOPER": means and refers to Dyver Development, LLC., whose address is 36 E, Pine Avenue. Meridian, ID 83642 the party developing said "Property" and shall include any subsequent owners and/or developer(s) of the "Property". 3.3 "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-8 (Medium Density Residential) attached hereto and by this reference incorporated herein as if set forth at length. 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 (D) 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-8 zone, and the pertinent provisions of the City of?Neridian Comprehensive Plan are applicable to this AZ 05-055 application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. S• DEVELOPMENT IN CONDITIONAL USE: "OwnerNeveloper" has submitted to "City" an application for conditional use permit site plan dated October 24, 2005, and shall be required to obtain the "City"' approval thereof, in accordance to the City's DEVELOPMENT AGREEMENT (Az 05-055) AMBERCREEK SUBDIVISION PAGE 3 OF 10 Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 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. No new buildings are approved for construction under this conceptual CUP/PD application. All future buildings shall require approval of a detailed CUP prior to submittal of any Certificate of Zoning Compliance application and/or building permit 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1. "Owner/Developer" shall develop the ,property, in accordance with the following special conditions: 6.1.1 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. 6.1.2 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. 6.1.3 That the applicant be responsible for all costs associated with the sewer and water service extension. 6.1.4 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. 6. l .5 That prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. 6.1.6 That five-foot wide sidewalks and street buffers, constructed in accordance with City Code, be installed along McMillan road and Meridian Road prior to occupancy of any new dwelling units. DEVELOPMENT AGREEMENT (AZ 05-055) AMBERCREEK SUBDIVISION PAGE 4 OF 10 Exhibit A 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 6.L7 That on public street access will be allowed to McMillan road and one public street access will be allowed to Meridian Road; direct lot access to McMillan Road and Meridian Road shall be prohibited. 7. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement the commitments contained herein shall be terminated, and the zonin desi ver and upon a default of the "Owner/Develo g successors, reversed, to comply with Section 6 entitled "Conti lions GoverningvDevelopbeat, successors, assigns, of this a Development of Subject Property" 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. 8. CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owner/Developer" 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/Developer" and if the "Owner/Developer" 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 In the event "Owner/Developer", "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. DEVELOPMENT AGREEMENT (AZ 05-055) AMBERCREEK SUBDIVISION PAGE 5 OF 10 Exhibit A 9 -