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)
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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
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EXHIBIT A
Kingsbridge Subdivision
AZ-OS-OO3
Legal Description (3 pages)
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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$7.34 feet;
thence along the bOUndary common 10Sectlon&.2B IilRd 29 of seid Township and Range,
South ÒO"27'43,. West,. 8 dlstanoe of 2.641.~ feet 10 8, {gund 518" rebar with no cap, sj;it
pla8üc cap 8&ed 'FL& PLS 7612". marking the X comer commcn to Sections 28 B.nd
29 of said Township and Range. the TRUE POINT OF ~NNING;
!hence along the Easl-West œnter line of Section 2E1, South 89"23'38" East. s distance of
4U)O feet I~ a set 5B rebar with Plasic cap stamped "FL$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:xIivsion;
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; ,
, . --._---- --"
,
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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$tarly bcundery of said lot, 11, Block:2 of Dartmoor S\Jbdi,vision and
the Nortl'1-Souch center lintl 01 Section 28, South '00"29'23" We8t B dlsteRCe of 1,325.46
,. to a found 1 Inch RJn Pin With no cap, set aluminlRl'l cap stamped "FI,.SI PL5 7612"
marking 1M Southeaat corner of said lot 11 and the Cent... of SlICtlon 28;
thenœ elong the Southerly bot.nd$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!'~. -,)~~. ,
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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)
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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 Eege 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;
------"._-,
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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;;:
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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 '"-.~
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EXHIBIT B
Kingsbridge Subdivision
PP-Os..OO4
Approved Preliminary Plat
- -.-.,,-- ...--
-
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EXHIBIT C
Kingsbridge Subdivision
CUP-O5-004
Approved Site Plan (2 pages)
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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".