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Kingsbridge Subdivision AZ 05-003 PARTIES: 1. 2. ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 57 BOISE IDAHO 07/0B/05 02:29 PM DEPUTY Bonnie Oberbillig 1111111111111111111111111111111111111 RECORDED - REQUEST OF 1(:;\5(:;\921215121 Meridian City 1::.1 1::.1 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: 1.3 1.4 1.5 1.1 WHEREAS, "OWNER/DEVELOPER" is the sole owner, 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 "Owner" make a written commitment concerning the use or development of the subject "Property"; and 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 re-zoning of land; and 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 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 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 ofthe 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 ofthis 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 3.2 3.3 4. "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 ofIdaho, organized and existing by virtue of law of the State of Idaho, 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)/deve10per(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. 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~O5-003 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 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 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 Dartrnoor Drive to Eagle Road. Construction of said sidewalks shall be completed prior to issuance ofthe 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-rai1 fence, a white vinyl fence shall be installed on the south side of Parcel # R17345601O0. 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 12th 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 ZONINGDESIGNA TION: "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 "Owner/Developer", "OwnerlDeveloper'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 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. 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 of the 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~pç!~ agreement stating when the improvements will be completed in a phased develop'lF',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 ofF act 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: OWNERIDEVELOPER: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ill 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, ill 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 determined 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 - KINGSBRIDGE 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. Bo " ~ s. aama CITY OF MERIDI~agmg Member ¡; -ZJl,¿Jç DEVELOPMENT AGREEMENT (AZ-05-003 - KINGS BRIDGE SUBDIVISION) PAGE 10 OF 11 STATE OF IDAHO, ) : ss: County of Ada, ) On this 20 day of ~lÆ I'\..L , 2005, beforp me, the undersigned, a Notary PublicinandforsaidState,p rsonallyappeared~T<Ct(\dttl S' Cltt..-Y1.ß , known or identified to me to be the iMð1ntÆ~ M-é Y\16-l 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 Yl tWV1 . otary PublicJ.o~ Id<1-lJ-o - Residing at: ""YIII ,cia U ft11- My Commission Expires: t¡ /z( //0 , I STATE OF IDAHO) : ss County of Ada ) On this 2c:¿+'^- dayof \. )Þ...V\}L ,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, 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. (SEAL) t""""'" ~" ," ~., Cß L. $A- ~I," .." ~'\: ....... <"l'/'A ~"" .. ~'>.. .. "':r~ ~ j' '" ... ... "'- '\ : : ~OTAJ\".. ~ ... ... .(... : * : -.- : * : .. . .. .. ... G . .. \ ... PUB\..\ l I "" .^ .. .-:: '" v"A .. .. 0 .. ~ "" """ .. ->. ,:> ~.,," <"J), """"OO- ,", t>' ",.." ~II Ï!: Vi: \V .." 'I " ,.......".., DEVELOPMENT AGREEMENT (AZ-OS-003 - KINGSBRIDGE SUBDIVISION) PAGE 11 OF 11 ..;,,'1; O!. 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-OS-OO3 Annexation and Zoning of 76.72 Acres ITom RUT (Ada County) to R-3 (Rural Medium Density Residential); PP-O5-004 Preliminary Plat Approval of One-Hundred- Thirty (130) Building Lots and Thirty-Four (34) Common Lots on 76.72 Acres in a Proposed R-3 Zone; and CUP-OS-OO4) 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 of 5 Last revised: Apri112, 2005 <. ..". \ -' 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 1Q-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 of Kunz Hollow; and f Lots 22, 31 and 32 across the 10,. Mile Feeder Canal from the 2 Kunz Hollow houses with building envelopes on the north ends of their lots. 2. Vision First 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 cun-ent end ofDartmoor 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 shlid topped by 2 feet oflattice) 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 Za1dia Lane; plant a row of evergreen trees 20 feet on center in the 5-footstrip (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 Zaldia Lane ftom 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 bufter 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 [mal plat approvals, no changes will be made to the plat dated April 5, 2005, except changes required by governmental agencies or other minor changes approved by governmental agencies which do not increase density or daily vehicle trips to and from Kingsbridge. All perimeter lots in Kingsbridge Subdivision shall remain as single home residential lots that cannot be further subdivided or split as part of the Kingsbridge Subdivision. Except for minor lot size adjustments between adjacent perimeter lots, no perimeter lot in Kingsbridge Subdivision shall be reduced in size below the square footage shown on the preliminary plat dated April 5, 2005. These agreements shall be included as notes on the face of the Kingsbridge Subdivision plat and shall be stated in the recorded Kingsbridge Declaration of CC&Rs. A copy of the preliminary plat will be included as a condition of approval in the Development Agreement executed by Vision First and the City of Meridian. Page 3 of 5 Last revised: April 12, 2005 , . 9. Vision First's plans for retention and/or treatment of stonn 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 tenninate 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 in~alled prior to the issuance of the first home-building permit in Phase 2 by the dry 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 tTom 1,800 sq. ft for single- story homes to 2,000 sq. ft. and 2,400 sq. ft. for two story homes. This agreement shall be-included under the Development Data on the Preliminary and Final Plats as well as in the recorded Kingsbridge Declaration of CC&Rs. Items 10, 13, and 14 shall be included on the preliminary plat filed with the City planning department on or before April 6, 2005, to pennit 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: Apñl 12. 2005 .' " In exchange for the above concessions by Vision First, the property owners of Golden Eagle Estates, Bridlewood, Kunz Hollow, Zaldien Zerua, and Dartmoor subdivisions agree to: 1. Sign a waiver to the IS-year building restriction/open space easement on the PaliTeyman 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 Kanke1berg, Chief Development Officer Bridlewood Subdivision By: a-~ Dav ~d LaVigne I!:i[3-Æ /5ec!/f:~ Dartmoor Homeowners' Association BY:U.\ ~ ~ç:..;.....\~~~",,~,\-j~J;? Brady Tutner, President By: ~~~ Sharon McKee, Secretary Kunz Hollow and Zaldien Zerua Subdivisions By "?j in ~.:u. Brad rd Dedman ~ lU~ Tim Wallace, Director-at-Large By: Page 5 of 5 Last revised: April 12. 2005 , . "'.. fl' '. F' l'" .~;1# ' ~¡¡,. /;,1;;:/---; . / " , ;' ~m ~ ~~. .. ~ " " ~ ¡! ; 3.-,- ~a ~i~ >.." ~ § ~ I:~ ~ 8 g~ ~ ~H ~ ~ :i 8 9 ~ ,"~ 9:; n ~~ "ê ~ ! § " 'J l' ,~.',""'." . ~ ; ì! ~h;if¡¡ É!~ " '-" C:->"-, "',:c. '0, ..", '-"" ~, -" is EXHIBIT A Kingsbridge Subdivision AZ-OS-OO3 Legal Description (3 pages) "'---.--.-., -.... -- -_._~.",...--~ . FOX Land Surveys, Inc. 48,1i OYeItau lid, STe 112 ..\ Bola. Idahli .1 83101 -1 288"&7917 ..\ 1"-342-7437 'AX PROPOSED KlNGSBRIDGE SUBDIVISION LOT 11, BLOCK 11 OF DMTMOOR SuBDIVISI~ WITHIN A PoRT1DN OF THE Sourn 'la, OF THE NoRTHWEST %, ~o, THe NQfm~ Ya OF THE NORniWEST % OF TNE SclurHweST %, SECTIoN 28, TOWNSHIP 3 NORTH, RANGE 1 EAsT, BoISE MERIDIAN, AaACOUNTY,IDAHO Lot 11, Biook 2 of DartmoorSlJbdlvision within a PQJtion of The Boutn % of the Nofthwe8t X, and, !he North ~ of tha Northwest'" oJ !he Southwest ~, Section 28, Township 3 North, Ranga 1 East, Boise Meridian. Me County, Idaho, mo~ particularly de8cribad 8& follows: Bøglnningat a fOund Brass Cap Monument markIng the Northwe8t Comei' of Secii on 28, Township 3 North, 'Ra1ge 1 East, Boise Meridian, from Whicl1 a found Brass, C;w Mo~ mwkIng the '" C9mer common 10 ~abljons 21 ØI'1d æ beers South 89.36~O3" East a dI$ta/"1C8 of 2,6$7.34 feet; thence along the bOUndary common 10Sectlon&.2B IilRd 29 of seid Township and Range, South ÒO"27'43,. West,. 8 dlstanoe of 2.641.~ feet 10 8, {gund 518" rebar with no cap, sj;it pla8üc cap 8&amped 'FL& PLS 7612". marking the X comer commcn to Sections 28 B.nd 29 of said Township and Range. the TRUE POINT OF ~NNING; !hence along the Easl-West œnter line of Section 2E1, South 89"23'38" East. s distance of 4U)O feet I~ a set 5B rebar with Plas ic cap stamped "FL$I PlS 7612" on the Easterly rlght-oF.oway of Eagle Road, marking the Southwest comer d Lc4 11, Block 2 of Dartl11oor Subdivision; thsnœ along said Easterty right-of-way of ESSie Road and the West&l1y boundary of said Lot 11, Week 2 Of Dartmoor SubclMsfOn, Nortl'! 00.27'43" Ea8I a diatencs of 60.00 feel 10 a set 5Ia" rebêr with plalttic œp stamped "FLSI PLS 7612' at tho c;omer commOn to Lot 11 and Lot 16 of said Dertmoor SUI:xIiv sion; thsnce along 1h.e'bounCJarì85 of said lot 11. Block 2 of DarImoor Subdivision thefoJlowing COUJ"I8s and distances: South 89'23'36" East 8 distance of G28.24 r,et a point, from which a found W robar With plastic cap stafT4)ed "DHR PLS 3624. bears North 00"25'38" East a di stance of 0.63 feet; , , . --._---- --" , - - d .,-~-, .-=.. _.~ Nonh 00.25'38" Eaet & watanœ or 228.03 feet to a set 518" reblllr with pJastic cap stamped "FLSI PLS 7612'; North 12"21 '38" East a distance of201. 79 feet to the IDl.Ithwest riglit4-Way of east Dartmoor Drivt!l; South 89"25'51" E.. a diltsnce of 81. 12 feet to the northesat right-of-way, Qf Eiut Dartmoor Drive; North 46"52'10" Eest. diGiance or 164.01 feet 1b a S8~5J8" rebar,With,plasUc ~p stamped "FlSI PLS 7612"; . North 00"30'11" East a djatanœ of 723.68 teet to the Northwest corner of said: lot 11, Block 2 of Dartmaor Subdivision, from which a found %' rebai' with plastic: cap stamped 'oH~ PlS 3S24' beats South DO"3O'11" West a distance or 1144 feet; , thence along the Ncirtheny bOUndary of Mid Lot 11, Black 2 of DartmbDr SubdivIsion and the North 1/1tf" line of Seçt¡on2ð. South 99"~16. Easla distance of 1,741.56 feet to the North~8I eomer Of said lot 11 and the Cenlfir-North 1/1e-' comer of Section 28, marked, by a sel5f81 rebar wan plastic cap stamped "FlSr PlS 761T; thence along the EEI$tarly bcundery of said lot, 11, Block:2 of Dartmoor S\Jbdi,vision and the Nortl'1-Souch center lintl 01 Section 28, South '00"29'23" We8t B dlsteRCe of 1,325.46 ,. to a found 1 Inch RJn Pin With no cap, set aluminlRl'l cap stamped "FI,.SI PL5 7612" marking 1M Southeaat corner of said lot 11 and the Cent... of Sl ICtlon 28; thenœ elong the Southerly bot.nd$fy of said lot 11, !he Est-West cenler line of Section 28, end the Northerly boUndafy of Kuru: Hallow 5ubdivisian, North 89"25'12" West, a- di$lance of 1 ,328.13 feet to Ii round 518" rebar with plastic C8p staq)ed uLa 272í? marxìng the CElntsr-W$$! 1116" comer of SedIon 2B. and tho NotI:hwesl tomer of Kunz Hollow Subdivision; -. . thence along the West 1/1 f!l' tin,a of Section 2B and the We.terly bo~dary Of Kunz Holaw SUbcliYision, South 00"33'59" West a distance of 661-38 f8&1. II) IJ found 518" rebar with plastic cap stsmpec "EHM 3260" rnarIcirç the Southwest carner Ihareof and Ihe ;Northeast comet or ~ldíen ZØf1J8 SubdivJsicn; thence alonsJ lI1e Northerly bounc:l<i1ry ot lsldien Zerua Subdhlislon and \he Westariy ØICi9nsIan thereof, NlJIth' W21'4S" West Ii! di5tanoe of 1,328.64 feet a point on the Westerly boundary of Secüon 28 end !he œnter line Of South Eagle Road, matl<ed by a sel SJS" !"$bar with plastic cap 8\8møed "FLS' PLS 7612"; thence sh3ng said W8Sterly bci61dary Of Section 28 and the cenler line of South EagJe Road North Ob"37',:r East, a distance of 660.65 feel II) the TRUE POINT OF BEGINNING: .'-_.._--, ----".., ""'-. '_L.- --~ Containit1g 3,341,7;34 squaref&øl. 76.716 acres, mQ(8 or less. Subject to eXisting easements and rights-of-way as any may Gist. of i'ecOrd or not of record. TJI':Ioj W'~UU' ,,",Id\Doo<ri~!lDRNJI<6C """ The Basis or Bearing.s for thia description Is between thø found Bran Cap Monument marking the North.. Comer of Section 2a, Township 3 NOr1tt. Range 1 Esst, Boise Meridian, and the foll1d Brass Cap Monument marking the % Carner common to Sadí(](1s 21 and 28 \WIich bears South 89-36'03" East a dislance of 2,657.34 feet, ' tJr~~t. ¥f!'~. -,)~~. , 11JI:, ." . t;.-.}¡>' ~ ""!ø'~)"',:" ,,~, ,~--'~--"',( /"/ ,~~;.- END OF DESCRIPTION Timothy J. Fox. PLS 7612 CITY 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 Preliminary 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 Frootage and IIJcreased Maximum Block Length, by Vision First, LLC. Case No(s): AZ-OS-003, PP-05-004, CUP.05-004 For the City Council 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 withín 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 Planníng 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 8, 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 MERJDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). Az.OS-OO3/ PP-OS-OO4 I CUP.O5-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 Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridi~ City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan oftbe City of Meridian, which was adopted August 6,2002, Resolution No, 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-17-9. - , 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, 5. It is found public facilities and selVices required by the proposed development will not impose 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 Warks Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhib~t A, the Preliminary Plat dated AprilS, 2005 as shown in Exhibit B, the Site Plan dated AprilS, 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 shown in Exhibit F. The conditions 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 MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS...oO31 PP-OS.o04 I cup.Os...oQ4- PAGE 2 of 5 Pursuant to the City Council's authority as provided in Meridian 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 AprilS, 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 (I 8) Month Conditional Use Pennit Durati~n 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 pennit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building pennits and commence construction of penn anent footings or structures on or in the ground. fu 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 date for the proj act. If the completion date specified for the proj eet 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 dead1ine 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 fÌom 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.B.) 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 final 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 afFinal 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 MERJDIAN FINDINGS OF FACT. CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-OO3 / PP-OS-O04 / CUP-OS-O04-PAGE 3 of 5 ' '-"---,,, 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 ofthe governing body of the City of Meridian, pursuant 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 Exmbit 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/PD Site Specific and Standard Conditions Exhibit G: Zoning Amendment Findings Exhibit H: Preliminary Plat Findings Exhibit I: CUP IPD Findings By action of the City Council at its regular meeting held on the ,:std--- ~ 2005. day of COUNCIL MEMBER SHAUN WARDLE VOTED----lftL COUNCIL MEMBER CHRISTINE DONNELL VOTED~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED~ COUNCIL MEMBER KEITH BIRD VOTED~ MAYOR TAMMY de WEERD (TIE BREAKER) VOTED ....-~ CITY OF MERIDIAN FINDINGS OF F ACf, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-oS-QO3/ PP-OS-O04 / CUP-oS..o04- PAGE 4 of 5 Attest: Copy served upon Applicant, The Planning an nmg Department, Public Warks Department and City Attorney. By' City Clerk's Office Dated: 5-\lo-OS CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-OO3 I PP.QS-Q04 I CUP-QS-004- PAGE 5 of 5 EXHWIT A Klngsbridge Subdivision AZ-OS-oO3 Legal Description (3 pages) r" , ; ¡ -'----.- FOX Land Surveys, Inc. .," a..rt..... Itd, .,.. 112 ~ 80tH Ida... .) ant8 ~ 2118o3a.7H7 .) 2Ge-34z.7437 FAX - PROPOSED KlNGSBRIDGE SUBDIVISION LOT 11, 8L.ocJt 2 OF DMTMOOR SuBÐl\lI&lON WlntIN A Poa'noN OF THE SoUni % OF TH£ NoRTHWEST %. NIDI Ttæ NORTK Yo 01' 11£ NORTHWEST % OF TIŒ SouTHweST Yo; SECTION 28. TOWN6ttIP 3 NORTH, RAHc:æ 1 EAsT, BoIse MeRIDIAN. AQA COUNTy, IDAHO Lot 11, Block 2 of DartmoorSUbdMslon within iii PQI1Îon of The Bout" % of-the No!1J'wÆtst ~ 1hI, !he North ~ of the Northwesl % or the Southw8e1 %, Sl!Iction 28, TownaNp 3 Nct1h, Range 1 Eelt, Boise Uetidian. '/41:18 County, Idaho, more particularly de8cribEld 8& follows: Beginning 'at a found 8raa Car> MOOlI'i1ent rnarkjng the Notft1west Corner of Section 28, Township 3 Nann. 1iange 1 East, Boise Meridian, from wtich iii found Br~$S. C;¡¡P MorII.ø:Mnt marking Ihe ~ C9mer common to ~eblions 21 IiIf'Id 28 burs South es"36'O3" Eat. dI,tanoe ct 2,657.34 fGèt; It1ønœ along tlie bOUndary common to Sectlon$ -28 IIf'Id 2Q d seIq Township and ~ange, SouIh ÓO"27'<4T West, a dlstenœ d 2.641,,9$ feet to a" found 5/B" febar with no cap, s(¡t pIaItìc ClIp stamped "F"LSI PLS 7612". marking the ~ a:lmer commcn to Seciions 26 aod 29 of S8id TownShip and Range, the TRUE ~T OF ~NlNG; 1he'1C$ along the East-West cantw line of Section 28, SouttISO'2a"38"' East, a distance 'of 45.00 feet tq a set 51ft' rebar with plaatk: cap s1amped "FLa! PLS 7612" en the Ea$lerly right4-way of Eeg e Road. marking the Southwest comer d foot 11, Block 2 Of Dartmoor Sutldivl&ion; thence ørong Hia EaeterIy 'jght-or-way of Eagle Road ~ the WeIt8tIy boundåry of said t.at"11, Wack 2 of Oartmocr Subdivisfan, Noftt! OO"27'4J8 EuI,t dlatenæ 0160.00 feet 10 II set 511!' reÞðr With pl88tic cap stamped "FLSI PLS 7612" 8t the cøner commcin to lot 11 and Lot 16 of MId Daitmoor SUbdivision; thence alOJ1Q the"bouni:iariea of said Lot 11, Block 2 of Dartmoor SubdMs;QA the followIng COU/'88S and dl8tanœs: South 89"23'38' East 8 distance Of 628.2<4 ~t a point, from Which a found 1hr febar with plastic cap slampecl"DHR PLS 3624" belillS North 00"2S'38"' East 8 distance of 0,,63 feet; ------"._-, . . -.------ --, J , .- ---~_. Notth 00-25'38" East a diatanœ a1228.03 feet 10 a $it 518" rebar with pJaslic cap stamped "FLat PLS 7612'; North 12-21'38' East a distinct of 201, 79 f88rlo the 8OUthwest right-of-way Of east D8rtm0or Driw; South 89"25'57" Em a di&tenoe of 81.12 feet to the northe8at right-of-way Qf East DIIItmoOr Drive; North 48-52'10' East a di5tan08 of 164.01 feet to a eetSlB" rebar,With, plastic t::ap stamped "FlSI PLS 7812"; , North 00-30'11" East a d8t8nœ of 723.68 fget to the Northwest carner of said: lot 11, Block 2 of Dartmoor Subdivision. from which a found %" røbarwilh plaslic cap &tamped "ÐíiR PLS 3624. beers South 00-30'11' West II dislance of 0.44 feet; thence, along 1he NórtheI1y bound8fY of Mid Lot 11, Block 2 of Dartn:tbor Subdivision arid Ihlt North 111 If' line of Soction 28, SouIh W:a0'16. Easl a dI8tanc& of 1,741.56 feet to the North~ Comer of Mlellot 11 end the Centèr-Narth 1/,e- œmer at section 28. marked by a set 518" rebar with plum cap stamped'FLSI PLS 7817; Ihenœ along the e.&ter1y bcundøry of said lot, 11, BlOCk 2 of Dartmøor Subdi,visiCin end the North-SoUCh center linA at Section 28, South 00029'23" Welt B distance of 1.~5.46 ,.. 10 8 found 1 Inch Iron Pin with no cap, &el81t.m10l;Jm cap atamped "FLSI PLS re 12" mlll1OOg the SOUIheast comer Of Mid lot 11 and the Center of Sl!IQIlon 28; thenœ ølcl'IQ the Southwfy boLn'lCllry of said Lot 11, !he E8st.Wtet center line of Sedion 28, I!Ind the Northa1y boimdary of Kunz Hollow Subdivision. North 89"25'12" West, a diøtanceof 1,328.13feBtto Ii fOuncl5/ff' rebwwith plasticœp Ilamped"LS'2723" markìng Ih8 Center..\Nerat 1/16" oam. of StdIon 28 end Iho NOtt/'Iwe8I Cotner of Kunz Hollow Subdivision; '. , thenœ aJong !he West 1/1 ff' liOff of Section 28 and the W8øter1y tM:u\dary Of Kunz' Hollow SUbdivision. South 00"33'89" West. 8 distance of 661.38 feat ttJ a found 51B" rebar with plastiC cap stamped "e HM 3260" m&r1dng. the Soulhwest comer Ctt8l'8Of and the :Northeast comer 01 ~ldien ZfN'U8 SubdiWsIon; thence alOng !he Northerly bou1dery of Zaldien Zerua Subdivision and \219 Westeriy BId8'IsIon thereof, North 89"21'45" West . distance of 1,328.54.feet 8 point on the WeltBrly boundary of Sec:tion 28 andlhe œnter line of South eagle Road, marked by a set SIS" ..war with plaStic cap etamped °FL,SI PLS 7612°; thenCe ,lOng Mid Westerly böundary òf S8diOn 28 and the œnler line of South Eagle Road North 0!r31.13" East. a dilblnce Of 660.85 feet 'e) the TRUE' ~IN T OF BEGlNNlNC;;: _.~ .--"--' ---.. ""-' '_L - ----, - Containing 3,341, 7~ SlqU8t8 feet, 76.716 acres. more 01" less. SubjeCt 10 ÐXisting lIesements 81d rlgtds-of4iay as any may exist. of rec:Orci or nOt of record,' The Ba816 DI' Beering.s for this cle&crir;ition i8 between the founcl EIr88s Cap Monument marking the N~ Comer of Seotion 28. Township 3 Norti't. Range 1 East, Boise Meridian, and the roLl1d BIU6 Cap Momment ma1dng the "Comer comlT1O/Ì to Secticn,s 21 end 28 \\tIich bears South 898$'03" Ent . distance of 2,657.34 teet, ' T- J- Fœ. Pl> 1812 '"-.~ ~---=:~m>o. ~~ t'¡ .~\;:; EXHIBIT B Kingsbridge Subdivision PP-Os..OO4 Approved Preliminary Plat - -.-.,,-- ...-- - r"'-'-- EXHIBIT C Kingsbridge Subdivision CUP-O5-004 Approved Site Plan (2 pages) "~'--~ ... ---,- - , .1----- ------n__,. --, -----T- -- -~-I ~l , ~ ~~1 I ~ : ¡, I " I ! ¡ . a . ¡ j j . I : I ¡" s. I . ,._u ¡iii ~ ,$ . ¡ ~ 'I! "f : ¡ 6> : I - : I e I : ~- I : J : J ' I Ie! . .," : . "'" ~œ \ 011":'"1 'r. J . -iil I. L' '1lJj L,,~ ---~~=~-.1~~~,~, =~J-~~d- _::_~ œ " 1M" -.&III.,. - ._, t 'II" ~ ¡I tlll' ¡ n I ilIIIW1!f IIßh rlBq¡~ I ' I.I~-=: KfI'IGSSR DOK 8USÐM8!ON ¡¡¡¡¡¡P:: " IrIBRJOIAN. IDAHO ,':,' ~I f fl, çi ~j¡ ~Ii ,j . -----... ,,- ---- ~._~_. .._-,.~--,.,~- . ..J ! r ! J I I ; HI III í I ii; "1I llpJ¡~üil J~~r liS;;: KDtG'i.~ ~IION ~U ~n ~ 4M-CIH1 - B ' -- 'I .------- - EXHIBIT D Kingsbddge Subdivision AZ-OS~OO3 Annexatioo and Zoning Comments The applicant has 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 888-4433 to initiate this process. The DA shall incOIporate the following: 0 That fencing 00 the north side of Lot 9. BIJ!Sk.1. adjoininl! Dartmoor Subdivision. shaD þe installed odor to issuance of the first buildinl! Dermit on the subiect Drouertv: . That the applicant shall impose, in the CCR's for Kingsbridge Subdivision, a minimum 25.[00t rear yard setback on all perimeter lots; That the applicant shall impose a single story restriction on specific perimeter lots (see Exhibit E), sin2le-storv restJicted lots shap have a maximum Dea){ of 25- feet and a 10:12 maximum Ditch. with no bonus rooms in the attic SDace; That along Zaldia Lane, the applicant shan 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 Zaldia Lane. Said benn shall produce a total vertical screen of 11~feet (6.foot privacy fence on top of a 5-foot benn). Vertical screen height to be measured from the Za1dia Lane/south property line established grade; That the applicant shan pipe the tail ditch from the Darbnoor irrigation pond (along Eagle Road, north ofDartmoor Drive) through the site; That a concrete s,dewalk. curb. and Slutter (or. ü mutuaDv Beeeed bv the developer and the Dartmoor residents. detached. meanderine sidewalks separated from the street) extendine alone both sides of Dartmoor Drive from the Kin2sbridee sidewalks at the current end of Dartmoor Drive to Eaele Road. Construction of said sidewalks shall ,be completed prior to issuance of the first buUdinSl oermit in the development. (NOTE: Said improvements are subject to ACHp aDoroval anc:J desi2l1 s::dardS): That the aoplicant wiD construct a 3-raU fence aIon2 the D_- _moor Drive frontaee for the existin2 þomes alo02 Dartmoor prive that currently do not have fencing. In lieu of a 3~rail fence. a wh.te vinyl fence shall be installed on the south side of P8l7ce~100. Said fenclnl! shaD be completed prior to issuance of the first buUdin2 oermit in phase II (second final olat ohase) of the development: 0 0 0 0 0 0 0 .-.--- - . . .-.. 0 That Brior to issuance of the first buildmm oermit in Phase II (second fmal plat Dhase). ~CBDt sha~dJe taD d~ from the Dartmoor Irri2atlon Dond (along Eal!le ~oad. nortþ of Dartmoor Drive) throullh the site and install a hea4 Slate on the new f.gJet to control water fl.!!!LÎnto the Dond: To ensure that densitY chan2es are not ma"e between Dreliminarv and f"mal Plat .DD<Ovals. no siJmi!leant chon... wi!! be allowed to Ibe Dlat dated =ll 5. 2005. eIceot cbBD2es reouired by 20vernmentat ae:encies or other DÛnor ehanli!cs aQoroYed by 20vemmental a2encies wlÿch do no increase density or dail v cle tri s. Exec fo minor lot size a 'ust e s between ad.acent Perimeter lots. no Decimeter lot in the suW!i!jsion shall be reduced in size below the souare footalZe shown on the orel.þnJnarv Blat (,fated AprilS. 2005. All oerimeter lots shan remain as s~eIe home residential lots that cannot be further subdivided or solit as Dart of this sub4fvjsion. The oreliminarv Dlat dated Aoril 5. 2005. Is Iw:!Þv included as a condJ!i!m..2f approval for deyeloBÎne the subject orooertv: That the aoolicant shall develoo 8 weed control and maintenance olan for the undeveloBed areas of the subdivision: That the 8PDücant sha~OD a 2radjne and 4rainaee plan for the five (5) lot8 on the northwest corner of the subdivision: and. That the aODUcant's Blans for retention and/or treatment of storm water BriO' to leaving the site shall be submitted for review and aooroval of the Dartmoor BOA President. which shall not þe unreasonably 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. 2005. 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 alignment with Darlington Way), Provide approximately 100-feet of frontage 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 ZaIdi a Lane. Trash cans for Lot 14 shall be brought to the'curb of Kingsbridge Drive, Any existing domestic wells and/or septic systems within this project will have to be removed ftom 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 inigation, 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 follQws: . 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 beginning at the Dartmoor inigation pond (along Eagle Road, north of Dartmoor Drive) tluuugh the subject site, Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. ----- - - - ....- If lateral 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 tlùs development (MCC 12-5-2,N). The City of Meridian requires that pressurized irrigation 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 connection 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 inigation system O&M manual must be subnùtted prior to plan approval. 7. The submitted 4-page landscape plan prepared by The Land Group, Inc., dated 1- 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 &om 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 applicant shall install vinvl privacv fencine extending along the north property lines (inclu~2 the portion of tþe north side of Lot 9. Block H. and extendine alone the Damon of the soutf!..boundarv of Lot 17. Block 2. Install either 5..foot wrou2ht iron or 6-f.!gLflnvl privacv fence on all other proled perimeters. All fences shall taper down to 3 feet maximum within 20 feet of all right-of-way. Fendn2 on the north side of Lot 9. Block 1. shall be completed prior to issuance of the first bu~dine: permit in Kingsbrid2e 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-£00t wide landscape buffer along Eagle Road (including a 5-foot wide detached sidewaJk), 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 free 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 of the 6-£00t vinyl privacy fence, An evergreen tree shall be installed every 20-(eet on center within the landscape strip. 16. ..." -_._"-"""--",, -- . The applicant shall construct a benn (maximum 4:1 slope) within the 20-foot wide buffer strip along ZaIdi a Lane. Said berm shall produce a total vertical screen of II-feet (6-foot privacy fence on top of a 5-foot hem). Vertical screen height to be measured :ITom the Zaldia Lane/south property line established grade. . Lot 1 I k 5 shall be landsea ed with as and ever _reentrees to comulete an imDrovet! buffer between the adi2.inin2 Dartmoor homeowner and South Merrivale Wav. LandacDin2 shall be installed prior to the issuance of the fIrst buil4in2 permit in Phase 2 (second final plat 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 tram 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 form 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 ail 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. The fo owin I t8 shall be restricted to a in e sto residence ineLdin... a maYimum Deak of2So.feet and a 10:12 maximum Ditch. with no bonus rooms in the a~c 8D8ce: Lots 5. 6. 7. 8. 14. 15.22. 31 and~lock 2 ------------ - - ----,,-~ Lots 3. 4. 5. 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 ulaced on the final plates) statinl!'the heteht restriction for the above-listed lots. 17. Place a note on the ~al plat statine that all perimeter lots have a minimum 25-foot rear vard setback. 18. South Ivy Bridl!e Wav shall be redesim.ed to terminate in a cuI-dc-sac and not connect with Khiesbrid2e Drivc from Merrivale Way (as shown in the preliminary Plat dated April S. 200S). 19. The minimum house size for a sineJe-storv 4wellin2 shall be 2.000 suuare feet and the minimum house size for a two story home shaD 'be 2.400 SQuare feet. A note shall be placed on the face of the final plates) sta~e: the souare foota2e minimums. GENERAL CONDITIONS (PRELIMINARY PLAT) 1, All grading of the site shall be performed in conformance 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, A letter of credit or cash surety in the amount of 110% will be required for all fencing. landscaping, pressurized inigation, sanitary sewer. water. etc.. prior to signatw'e on the final plat. 3. 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-hwulred-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 intasections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and pennit from the Public Works Deparbnent 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 will not be considered as replacement trees for those 1rees 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 stonns up to and including a 100-year stann 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 groundwater, 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 irrigation. 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 nonna! groundwater 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 Permitting that may be required by the Army Corps of Engineers. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Enviromnental Protection Agency. 15, ----"-- - 16. Staff's failure to cite specific ordinance provisions or tenus 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 I, One and two fanùly dwellings will require a fire..f1ow 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. 8, 2, Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 8, Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face 8 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 18" above finish grade. 3. The phasing plan may require that any roadway greater than 150-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 8. turning radius of 28-feet inside and 48~ feet outside radius. 5, For all Fire Lanes (including bulb-outs with landscape is1ands/"buttons"), paint the curb red and provide signage "No Parking Fire Lane", 6, Operational fire hydrants and temporary or pennanent 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. 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 3, 4. 5. 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 of the 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 (122m) from 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 (I83). a, For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 00). b, For buildings equipped throughout with an approved automatic sprinkler system insta11ed 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 DEPART1\fENT 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-offis not to create a mosquito breeding problem. Stonuwater 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 mvolved 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. 6. NAMPA & MERIDIAN IRRIGATION DISTRICT 1, If all stonn drainage is retained on-site there will be no impact on Nampa & Meridian lITIgation 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 Donna Moore at 466-7861 for further infonnation. 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 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-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 permits), 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-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 lOO-feet of storage with shadow tapers for both the approach and departure directions 4, Construct a northbound 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 within 50-feet (minimum) of right~of-way, 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 internal local roadways as 36-foot street sections within 50-feet of right-of-way with rolled curb, gutter and 5-foot concrete sidewalks, If the 2, 3, sidewalk meanders outside of the rightwof~way, 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 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 terminus 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 ISO-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 frontage for the existing home on Lot 14, Block 2, When the property with the existing home re-deve10ps (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 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 pennit (or other required permits), 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- 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 terms 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 COWlty Highway District. 11. Any change by the applicant in the planned use of the property which is the subject ofilis 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. EmmIT F Kingsbridge Subdivision CUP-OS-O04 CUPIPD Site Specific and Standard Conditions SITE SPECIF1C CONDITIONS (CONDITIONAL USE PERMIT) 1. The 2-page site plan prepared by The Land Group, Inc., d~ted April 5. 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-05-004) application. 2. The project shall confonn to the R-3 dimensional standards, modified as follows: . Mirùmum lot frontage: 60-feet (non-cu1-de sac); 30-feet for cul-de-sac lots . Minimœn lot size: 12,000 square-feet . Maximum Block Length: ApproxÙIlately 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 strips 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 (CZC) 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 Unifonn 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 Kingsbridge Drive, on Lot I, 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 islandsf'buttons"), paint the curb red and provide signage "No Parking Fire Lane", 6. Operational fire hydrants and temporary or pennanent street signs are required before combustible construction 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 ~ the diagonal measurement of the project 8. The proposed project lies outside the five-minute response zone goal. Aclùevement 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 witlún 1.5 miles from a given location and sufficient operational funds to staff the facilities, 9. AU portions of the 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 a. fire appamtus 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 I. 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 ofHea1th & Welfare, Division of EnVÛ'onmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swaIe 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 stonnwater disposal and design a stonnwater management system that prevents groundwater and surface water degradation. NAMPA & MERIDIAN IRRIGATION DISTRJCT I, If all storm drainage is retained on-site there will be no impact on Nampa & Meridian lITigation District and no further review will be required. If any surface drainage leaves the site, the Nampa & Meridian hrigation 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 infomIation, 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 Irrigation District. ADA COUNTY HIGHWAY DISTRICT 1. Site Speclfic Conditions of Approval Dedicate 48-feet of right-of-way from the centerline of Eagle Road abutting the parcel by means of a Watranty deed, The right-of-way purchase and sale agreement and deed must be completed and signed by the app1icant 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-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 IGngsbridge 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 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 witmn 50-feet (minimum) of right~of-way. 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 internal local roadways as 36-foot street sections within 50-feet of right-of-way with rolled curb, gutter and 5~foot concrete sidewalks. If the sidewalk meanders outside of the right-of-way, the applicant should provide the District with an easement for the sidewalk, 6, 7. Extend Dartmoor 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 [mal 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 terminus 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 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 l80-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 frontage for the existing home on Lot 14, Block 2. When the property with the existing hòme 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 inìgation 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 ' 387w6258 (with file numbers) for details. 5, All design and construction shall be in accordance with the Ada CÒWlty 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 of Idaho shall prepare and certify all improvement plans. . 6, The applicant shall submit revised plans for staff approval, prior to issuance of building pennit (or other required pennits), which incorporates any required design changes. 7, Construction, use and property development shall be in confonnance with all applicable requirements of the 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 DIOLINE (l- 800-342-1585) at least two full business days prior to breaking ground within ACHD right~f-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 COWlty Highway District. 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 II-IS-II, 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 tenDS 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 II-IS-II 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, 'medium 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 conforms to the goals, objectives, and action items contained in the Comprehensive Plan for this area. In additio~ in the applicant's cover letter (dated January 14, 2005) 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 intended to be rezoned in the future; Concurrent with the annexation and zoning application, the applicant has submitted a preliminary plat and conditional use permit 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 CUP/PD 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 Permit 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 access been developed or planned or adjacent area being developed in a fashion simBar 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 cUlTently 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 cotporate limits of the City of Meridian. The subject property is currently surrOWlded 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 surrounding 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 appearance 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 harmonious 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 not 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 disturbing 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 are 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 penon responsible for the establishment of proposed zoning amendment sball 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 infonnation 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 canS for Lot 14, Block 2, should be pulled to the curb of Kingsbridge Drive. H. Will not create excessive additional requirements at public cost for public 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 irrigation, 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. WUl the proposed uses Dot involve uses, activities, proc~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 trame, 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. Ofthat traffic, 300 additional vehicle trips per day are anticipated on the existing Darlmoor 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 "J" below), or odors, To lessen the impact of this development on the existing residences in Dartmoor Subdivision, City Council recommends that construction traffic be prohibited from 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 ftom 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 volwnes on the existing portion of the street 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 trees on this 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 Council 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 annexationlzonin~ of this DroDertv would be in the best interest ofllie City. EXHIBIT H Kingsbridge Subdivision PP..OS-OO4 Preliminary Plat Findings Sections 12-3-3 J.2 and 12-3-5 D read as follows: "In determining the acceptance of a proposed subdivision, the Commission/Council shall consider the objectives of this title and at least the following: A. The confonnance of the 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 the proposed development; City Council finds that public services can be made available to acconunodate the proposed development. See Zoning Amendment Findings "G" 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 public fmancial capability of supporting services for the proposed development; See Zoning Amendment Finding "H" and the Agency Comments and Conditions for more detail. E. The other health, safety or environmental problems that may be brought to the Commission', attention. 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. ExaŒIT I Kingsbridge Subdivision CUP~O5~OO4 CuPlPD Findings The Con:unJssion and Council shaD review the particular facts and circumstances of each proposed conditional use in terms of the foUow.ing and may approve a conditional use permit if they shall fmd 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, parldnie 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 frontage requirement of the R-3 zone, and the maximum block length required by Meridian City Code, See Special Consideration # I for detailed analysis. City Council finds that the subject property is large enough to accommodate the requested use and all other required features. Although the site is large enough to accommodate all of the features required by ordinance, the applicant has asked, through the Planned Development, to modify the specific development standards listed above (frontage 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 Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; The CUtTent Comprehensive Plan Land Use Map designates the property as Medium 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 otber uses m the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; See Zoning Amendment 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; 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", "I", and "J" 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 ,hall be able to provide adequately any such services; . Please see Zoning Amendment Findings "a" 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 not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; See Zoning Amendment Finding "H". G. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odon; See Zoning Amendment Finding "I". B. 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 "r'. I. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of maj or importance. See Zoning Amendment Finding "K".