Findings for ApprovalCITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS
OF LAW AND
DECISION & ORDER
~E IDR IAN,?-
~J
In the Matter of the Request to Remove the Kingsbridge Subdivision Approved with PP-
10-007 from the Recorded Development Agreement (#105092050) AND Subject to a New
Development Agreement, by Boise Hunter Homes
Case No(s). MDA-11-004
For the City Council Hearing Date of: May 24, 2011 (Findings on the June 7, 2011 City
Council agenda)
A. Findings of Fact
Hearing Facts (see attached Staff Report for the hearing date of May 24, 2011,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of May 24, 2011,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of May 24,
2011, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of May 24, 2011, incorporated by reference)
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 Unified Development Code
codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of
Meridian has, by ordinance, established the Impact Area and the Amended
Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002,
Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code §
11-SA.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MDA-11-004
-1-
5. It is found public facilities and services 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 Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the attached Staff Report for the hearing date of May 24,
2011, incorporated by reference.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's request to be excluded from the original development agreement
recorded as instrument #105092050 and subject to new development agreement is
hereby approved as evidenced in the attached staff report dated May 24, 2011.
D. Attached: Staff Report for the hearing date of May 24, 2011.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MDA-11-004
-2-
B action of the Cit Council at its re lar meetin h
y y gu g eld on the ~- da of
Y
2011.
COUNCIL MEMBER DAVID ZAREMBA VOTED
COUNCIL MEMBER BRAD HOAGLUN VOTED ~„
COUNCIL MEMBER CHARLIE ROUNTREE VOTED ~ ~
COUNCIL MEMBER KEITH BIRD VOTED Q ~.
MAYOR TAMMY de WEERD VOTED ~~
(TIE BREAKER)
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Copy served upon Applicant, The Planning Department, Public Works Department and City
Attorney.
BY~ ,~1~.l~tt .V~~ ~~WL Dated:
City Clerk's Office
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MDA-11-004
-3-
STAFF REPORT
HEARING DATE:
TO:
FROM:
SUBJECT:
May 24, 2011
Mayor and City Council
Bill Parsons, Associate City Planner
(208) 884-5533
MDA-11-004 -Kingsbridge
I. SUMMARY DESCRIPTION OF REQUEST
111
Il3AN0
The Applicant, Boise Hunter Homes, is requesting that the property platted as the new Kingsbridge
Subdivision (PP-10-007) be excluded from the recorded development agreement (DA instrument
#105092050) in effect for the property and be subject to a new DA. The recorded development
agreement (DA) addresses the old R-3 zoning district and the previous preliminary plat approved with
the first Kingsbridge project which is no longer valid.
A condition of approval of the new preliminary plat requires a development agreement modification
prior to receiving signature on a final plat. The new development agreement is meant to segregate the
new plat from the first phase of Kingsbridge in order to clarify the conditions of the new approvals.
The new DA addresses the new project boundary, future subdivision amenities, building elevations
and clarification regarding the 25-foot perimeter setback requirement contained in the current
recorded development agreement.
A final plat application for Kingsbridge Subdivision No. 2 will be heard by Council during the same
hearing as the subject development agreement modification.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the application as detailed in Section VIII of the staff report. If City
Council approves the subject application, the Council action does not constitute a modification to
the Settlement Agreement referenced in the recorded DA instrument #105092050. The Meridian
S'aty Council heard this item on Mayes, 2011. At the~iblic hearing, the Council aHHroved the
iect MDA reaue
~. Summary of City Council Public Hearin:
L In favor: Clint Boyle, Scott Noriy~, James Hunter
11. In ounosition: Jackie Crane, I,es Marbry, Donald Hendriksen
ijl< Commenting: Scott Nori ~ i,~ James Hunter. lint Boyle, Donald Hendriksen
iy. Written testim ony: AHnlicant's representative response to the staff report.
y~ Staff nresentin ,g apHlication: Bill Parsons
Yl. Other staff co mmenting on aHnlicaHon: Bill Narv. Pete Friedman
1L Key Issues of Disc ussion by Council:
L Tlllllllg for the Dartmoor Subdivision irrigation fa_cilitvypprades.
ii. Proposed subd ivision fencing.
iii. Subdivision dr ainage plan review.
~. Key Council Chan ges to Staff/Commission Recommendation
~. Council modif ied develo~~greement provision 3 to remove the reauirement for
limiting build ing Hermits and added timing lan~ua~e for the completion of th
irrigation imp
11. Council modif rovements (see revised DA provision 3 belowl.
ied developagreement nrovician 4_ to read annlicant is subiect to
the settlement agreement as it relates the Kingshh~ldge Subdivision (Rn-10-0071 being
develo~y Boise Hunter Homes (see DA Hrovision 4 belowl
Kingsbridge MDA- 11-004 Page 1
iii. Council added a new development agreement provision tha_ t requires nerimeter
fgt1~111~ for the four (4) nerimeter lots located in the southeast corner o_f_ phase 3 (see
new. DA provision 6 helowl.
III. PROPOSED MOTION
Approval
After considering all Staff, Applicant, and public testimony, I move to approve File Number MDA-
11-004, as presented in Staff Report for the hearing date of May 24, 2011, with the following
changes: (insert any changes here). I further move to direct Legal Department Staff to prepare a
Development Agreement for this site that reflects the changes noted in Section VIII.
Denial
After considering all Staff, Applicant, and public testimony, I move to deny File Number MDA-11-
004, as presented during the hearing on May 24, 2011. (You should state why you are denying the
request.)
Continuance
I move to continue File Number MDA-11-004 to the hearing date of (insert continued hearing date
here) for the following reason(s): (you should state specific reason(s) for continuance)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The subject property is located on the east side of S. Eagle Road midway between E. Victory
Road and E. Amity Road in the northwest % of Section 28, Township 3 North, Range 1 East.
B. Applicant/Owner(s):
Boise Hunter Homes
1025 S. Bridgeway Place
Eagle, ID 83616
C. Representative:
Scott Noriyuki, Northside Management, LLC, (208) 230-1202
D. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is a request for a development agreement modification. Per Meridian City
Code, a public hearing is required before the City Council on this matter.
B. Newspaper notifications published on: May 2, and 16, 2011
C. Radius notices mailed to properties within 300 feet on: Apri128, 2011
D. Applicant posted notice on site by: May 14, 2011
VI. LAND USE
A. Existing Land Uses}: The subject property is vacant land, zoned R-2.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: The subject property is
surrounded on the north, east and south by larger county residential properties zoned RUT. The
property to the west includes lots platted with the first phase of the Kingsbridge Subdivision,
zoned R-2.
C. History of Previous Actions:
Kingsbridge MDA- 11-004 Page 2
• In 2004, the first applications (AZ-04-023, PP-04-030 and CUP-04-032) for the Kingsbridge
project were denied by City Council. The basis for the denial, among others, was due to the
lack of transitional lots between the project and the large county parcels surrounding the
property. The applicant redesigned the plat and resubmitted to the City for approval.
In 2005, the property received annexation (AZ-OS-003), preliminary plat (PP-OS-004) and
Conditional Use Permit (CUP-OS-004) approval for a Planned Development (PD). The PD
allowed reduced lot frontages and extended block lengths. The plat consisted of 130
residential lots and 34 common lots. A development agreement (DA), recorded as instrument
#105092050, was required at the time annexation approval. As part of the DA approval, a
separate settlement agreement with the adjacent property owners was also required and tied to
the DA.
• The City Council approved the fmal plat (FP-OS-056) for the first phase on September 20,
2005. Phase 1 platted with 53 residential lots and 20 common lots on 38.4 acres.
Phase 2 of the preliminary Plat (FP-06-006) was approved by City Council on March 14,
2006. That phase of the plat consisted of 50 residential lots and 13 common lots on 23.97
acres. In 2008, an 18-month administrative time extension was granted however, the plat did
not receive City Engineer's signature nor was a subsequent time extension processed. Thus,
the plat and the CUP have expired.
• In 2010, the City Council approved a new preliminary plat (PP-10-007). The plat consists of
72 residential lots and 7 common lots on 38.31 acres.
VII. AGENCY COMMENTS MEETING
Staff has received written comments from the Boise Project Board of Control. In their comment letter
they have identified several processes the applicant must comply with before commencing with
construction activities. In addition, the Boise Project Board of Control has requested staff to include a
condition that the applicant complies with Idaho Statue, Title 42-1209. The applicant has been
conditioned to comply with the aforementioned agency regulations in both the preliminary plat and
the proposed final plat.
VIII. STAFF ANALYSIS
The recorded development agreement (DA) for the site identifies R-3 zoning and requires compliance
with a preliminary plat that has expired (Kingsbridge Subdivision No. l is recorded). At the time, the
City was in the process of amending city code which planned to eliminate the R-3 zoning district. The
previous developer was aware of the changes and agreed to the R-2 zone once the new code went into
effect. The reference to the R-3 zone was never amended in the recorded DA however the property
was zoned R-2.
In 2010, City Council approved a new preliminary plat (PP-10-007) for the remaining undeveloped
38.31 acres. A condition of approval requires the submission of a DA modification application prior
to receiving City Engineers signature on a final plat. The purpose of that condition is to segregate the
new project from the old project since Kingsbridge Subdivision No. 1 has been recorded and many of
the conditions in the recorded DA have been completed with the first phase. Because a provision in
the recorded DA requires compliance with the previous approved Kingsbridge plat that applicant
cannot move forward with a final plat until the DA is modified and recorded. Further, the previous
Kingsbridge preliminary referenced in the recorded DA is no longer valid.
Staff is also taking this opportunity to inform Council that the planned amenities for the subdivision
have changed from the recently approved preliminary plat since it impacts the timing and the types of
amenities planned for the subdivision. With the approval of the new preliminary plat, amenities for
the subdivision included a 5-foot wide walking path along the northern and eastern boundary and six
Kingsbridge MDA- 11-004 Page 3
(6) proposed pergolas that were to cover the northern and southern sidewalks adjacent to the
neighborhood park. The applicant has informed staff the adjacent county property owners are
opposed to the planned walking path along those boundaries. Now, the applicant wishes to exchange
amenities and is proposing a tot lot and a sheltered picnic area for Lot 38, Block 1. Note: the tot lot
and picnic shelter will be installed with a future phase.
In addition, the applicant is proposing to leave the McDonald Lateral (along the northern and eastern
boundary) open and landscape this area with native grasses and trees to keep with the appearance of a
natural waterway/buffer between the county residences and the future home sites within the
Kingsbridge Subdivision. This solution seems to be amenable to the adjacent County residents as
well.
Staff has reviewed the Unified Development Code (UDC) for compliance with the applicant's request
and has concluded the proposed changes substantially comply with the UDC. Thus, Staff is
supportive of the proposed amenities that the applicant has proposed. These amenities will be
required to be part of the provisions contained in the new DA. The applicant still needs to coordinate
with the Boise Project of Control prior to commencing with any improvements in the easement area.
Staff has reviewed the recorded DA and believes there are several items that need to be further
clarified or complied with (see Exhibit 3 below for the applicable DA provisions). The items that
need to be addressed include the following:
DA provision 2. requires a 25-foot rear yard setback along perimeter lots of the subdivision to
provide a transition between the adjacent county residences and the Kingsbridge project. A
majority of lots that will be platted with the new Kingsbridge subdivision abut a 30-foot wide
common lot. This leaves only four (4) lots that do not abut a large common lot. Therefore,
staff believes only those four lots should be required to comply with the 25-foot rear yard
setback requirement. These lots are located in the southeast corner of the subdivision. (see
DA provision #5 below).
DA provision 9. requires that the applicant upgrade the Dartmoor Subdivision pressurized
irrigation system. Staff is recommending a modification to DA provision #9 in the recorded
DA that affects the timing for the irrigation upgrades. Due to the time of year, it is not
possible for the applicant to complete the irrigation upgrades until the irrigation season is
over. The current provision prohibits the applicant from obtaining a building permit until the
upgrades are complete. Therefore, staff is recommending language to give the developer
some flexibility for completing the upgrades and receiving a limited number of building
permits (see DA provision #3 below).
• DA provision 13. requires approval of a storm water drainage plan from the Dartmoor HOA
president. Because staff is unsure if this DA provision has been completed, Staff is
recommending that this DA provision remain part of the new development agreement.
Based on the aforementioned analysis, Staff is recommending approval of a new DA with the
inclusion of the following language:
1. Future homes constructed within the Kingsbridge Subdivision shall substantially comply
with the sample elevations attached as Exhibit A.4.
2. The Kingsbridge Subdivision shall contain the following amenities; 1) tot lot, 2) covered
picnic shelter, and the 1.58 acre neighborhood park. Further, the McDonald Lateral shall
remain un-tiled and the open lateral is to serve as an open space amenity for the
Kingsbridge Subdivision. The neighborhood park shall be installed with Kingsbridge
Subdivision No. 2 and the tot lot and picnic shelter shall be installed with Kingsbridge
Subdivision No. 3.
Kingsbridge MDA- 11-004 Page 4
The applicant shall pipe the tail ditch from the Dartmoor irrigation pond through
the site and install a new head gate on the new inlet to control water flow into the pond.
In order to receive the first building permit, the applicant shall post a surety for said
improvement in the amount of one hundred and twenty-five percent (125%) of the
associated construction costs. A detailed bid document shall be reviewed by Planning
Department prior to the acceptance of the surety. Further, the construction drawings shall
be submitted to the Public Works Department for review. Evidence of acceptance of the
design by the irrigation district shall be included with the surety. The applicant shall
coordinate with the appropriate irrigation provider and adjacent Dartmoor homeowner's
to coordinate the construction activities.
*r.° ° ..,'°,.. • °.-,.a°., ,. •,~':~°a °,,°-.° Said improvements shall be completed between
he timeframe of October 1. 2011 and April 15: 2012. Modification of provision 9
contained in the recorded DA #105092050.
4.
~t,.,tt ~° .,,,t..,.,:.+°a ~ .... ..a ,. ,.,t ,.~ «t,° n.,..t .. un n n..°a; t°~« .,t,:°t, ..t,°tt
° °
X36+i--~dni2&'av`•••'iinr~i~vdi~z i°'c~ ~Eai'i°~-6'~'LyY-Bf--~l`B3''i~i9~4- ~~--~i'BH
n~~u~neno~nen, he applicant shall comply with any alznlicable provisions of the
settlement aereement between the Dartmoor Homeowners Association as it relates to the
Kin~sbrid~e Subdivision (PP-10-0071 beine developed by Boise Hunter Homes.
5. The 25-foot rear yard setback along the perimeter lots shall only apply to the four
perimeter lots that are not adjacent to a perimeter common lot located in the southeast
corner of the subdivision. Clarification of provision 2 in the original DA #105092050.
6. The annlicant shall construct 6-foot perimeter fencine alone the eastern boundary of the
fur (41 lots located in the southeast corner of the subdivision (Phase 31. The fencing
shall be installed with the construction of the homes
X. EXHIBITS
A. Maps/Other
1. Vicinity/Zoning Map -Property Subject to New Development Agreement
2. New Legal Description and Exhibit Map
3. Recorded DA Provisions for the Kingsbridge Annexation
4. Proposed Home Elevations
Kingsbridge MDA- 11-004 Page 5
Kingsbridge MDA- 11-004 Page 6
Exhibit A.2 -New Legal Description and Exhibit Map (New DA Boundary)
twXl~lBR "A"
PROPERTY OESCRiPTlOM
Parcel I;
A portion of Lat 11, Block 2 of Dartmoor Subdivision within a portion of the South Half of the Northwest Quader
Section 28, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as
follows:
Beginning at a found brass cap monument marking the Northwest comer of Section 28, Township 3 North,
Range 1 East, Boise Meridian, from which a found brass cap monument marking the Quarter corner common to
Sections 21 and 28 bears
South $9°36'03" East, a distance of 2,657.34 feet; thence along the boundary common to Sections 28 and 29 of
said Township and Range,
South 00°27'43" West, a distance of 2,641.93 fee# to a found 5/8° rebar with no cap marking the Quarter corner
common to Sections 28 and 29 of said Township and Range; thence along the East-West center line of SeGion
28, _
South 89°23'38" East, a distance of 1327.92 feet to a found 518" rebar with plastic cap stamped 'LS2723";
thence continuing along said East-West center line of Section 28
South 89°25'12" East, a distance of 211,96 feet to the True Point of Beginning; thence .
North 01 °32`26° East, a distance of 321.71 feet fQ a point; thence
North 27°56'29" West, a distance of 1$7.59 feet to a point; thence
North 26°14'12° West, a distance of 100.05 feet to a point; thence
North 40°04"57" West, a dis#ance of 93.91 feet to the beginning of anon-tangent curve tp #~e right; thence along
said non-tangent curve to the right having a length of 211.38 feet, a radius of 265.00 feet, a central angle of
45°42`06", tangents of 111.67 feet, and a long chord which bears
South 63°42'03" East, a distance of 205.82 feet to a point of tangency; thence
South 40°51'00° East> a distance of 165.56 feet to a paint; thence
North 49°09'00" East, a distance of 110.00 feet to a point; thence
South 40°51'00" East, a distance of 56.00 feet to a point; thence
South 35°58'12° East, a distance of 67.37 feet to a point; thence
South 23°29'52" East, a distance of 62.89 feet to a point; thence
South 15°24'21" East, a dis#ance of 60.39 feet to a paint; thence
South 00°36'22" West, a distance of 74,50 feat to a point; thence
North 89°23"38" West, a distance of 24.10 feet to a point; thence
South 00°34'48" West, a distance of 220.28 feet to a point on said East West center line of Section 28; thence
along said East-West center line of Section 28,
North 89°25'12" West, a distance of 282.28 feet to the True Point of Beginning,
Parcel I I:
A portion of Lot 11, Block 2 of Dartmoor Subdivision within a portion of the South Half of the Northwest Quarter,
Section 28, Township 3 North, Range 1 East, t3oise Meridian, Ada County, Idaho, more particularly described as
follows:
Kingsbridge MDA- 11-004 Page 7
EXHIBIT aQn
PROPERTY DESCRIPTION
{Continued)
Beginning at a found brass cap monument marking the Northwest corner of Section 28, Township 3 North,
Range i East, Boise Meridian, from which a found brass cap monument marking the Quarter comer common to
Sections 21 and 28 bears
South 89°36'03" East, a distance of 2,657,34 feet; thence along the boundary common to Sections 28 and 29 of
said Township and Range,
South QO°2T43" West, a distance of 2,641.93 feet to a found 5t8" rebar with no cap marking the Quarter corner
common to Sections 28 and 29 of said Township and Range; thence along the East-Wesf center line of Section
28,
South 89°23'38" East, a distance of 1327.92 feet to a found 518" rebar with plastic cap s#amped "LS2723';
thence continuing along said East-West center line of Section 28
South 89°25'12" East, a distance of 211.96 feet to a point; thence
North 01°32'26" East, a dis#ance of 321.71 feet #o a point; thence
North 27°56'29" West, a distance of 187.59 feet to a paint; thence
North 26°14`12" West, a distance of 100.05 feet to a point; thence
North 4D°04`57" West, a distance of 93.91 feet to the Prue Point of Beginning; thence
North 40°04'57" West, a distance of 159.67 feet to a point; thence
North 03°21'35" West, a distance of 147.58 fee# to a point; thence
North 07°24'10" East, a distance of 177.29 feet to a point; thence
South 89°30'16" East, a distance of 56.39 feet to the beginning of a curve to the right; thence along said curve to
the right having a length of 35.61 feet, a radius of 75.00 feet, a central angle of 27°12'11 ", tangents of 18.15 feet,
and a long chord which bears
South 75°54'11" East, a distance of 35.28 feet to a poini of tangency; thence
North 27°41'55" East, a distance of 50,00 feet to a paint; thence •
North 00°29'45" East, a distance of 195.83 feet to a point; thence
South 89°30'16" East, a distance of 245.41 f®et to a point; thence ~ •
South 00°00'00" West, a distance of 866.92 feet to a point: thence
North 40°51'00" West, a distance of 134.25 feet io the beginning of a curve to the left; thence along said curve to•
the left having a length of 211.38 feet, a radius of 265.00 feet, a central angle of 45°42'06", tangents of 111.67
feet, and a long chord which bears North 63°42'03" West, a distance of 205.82 feet to the True Point of
Beglnning.
Parcel 111:
A portion of Lat 11, Block 2 of Dartmoor Subdivision, within a Portion of The South'/z of the Northwest'/.,
Section 28, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as
follows;
Beginning at a found brass cap monument marking the Northwest corner of Section 28, from which a found
brass cap monument marking the Quarter corner common to Sections 21 and 28 bears
South 89°36'03" East, •a distance of 2,657.34 feet; thence along the boundary common to Sections 28 and 29,
Kingsbridge MDA- 11-004 Page 8
EXHIBIT °A"
PROPERTY DESCRIPTION
(Continued)
South 00°27'43" West, a distance of 2,641.93 feet to a found 51$" rebar with no cap, set plastic cap stamped
"FLSI PLS 7612", marking the Quarter comer common io said Sections; thence along the East-West center line
of Section 28 (and the Southerly boundary of Dartmoor Subdivision),
South 89°23'38" East, a distance of 1,327.92 feet to a found 518" rebar wn#h plastic c~ stamped'PLS2723"
mark€ng the Center-West 1116th corner thereof; thence continuing along said center line,
South 89°25'12" East, a distance of 494.25 feet to a found 5181nch rebar with plas#lc cap stamped "FLSI PLS
7612" marking the Southeasterly corner of property described in Warranty Deed Instrument Number 105154337,
the True Point of Beginning; thence along the Easterly boundary of said property the following courses and
distances:
North 00°34'48' East, a distance of 220.28 feet to a found 5/$" rebar with plastic cap stamped "FLSI PLS 7612";
South 89°23'38" Easf, a distance of 24.90 feet to a found 518" rebar with plastic cap stamped "FISI PLS 7612';
North 00°36'22" East, a distance of 74.50 feet to a found 518" rebar with plastic cap stamped "FLSI PLS 7612";.
North 15°24'21" West, a distance of 60.39 feet to a found 518" rebar with plastic cap stamped "FIST PLS 7612°;
North 23°29'52" Wes#, a distance of 62.89 feet to a found 518" rebar with plastic cap stamped "FLSI PLS 7612';
North 35°58'12" West, a distance of 67.35 feet to a found 518" rebar with plastic cap stamped "FLSI PLS 7612';
North 40°51'00" West, a distance of 56.00 feet to a found 5!8" rebar with plastic cap stamped "FLSI PLS 7612";
South 49°09'00" West, a distance of 110.00 feet to a found 5/8" rebar with plastic cap stamped "FLSI PLS 7612°;
North 40°51'00" West, a distance of 31.32 feet to a found 5f8" rebar with plastic cap stamped "FLSI PLS 7612';
North 00°x'00" East, a distance of 866.93 feet to a found 5/8" rebar with plastic cap stamped "FLSI PLS 7612"
marking the Northeasterly comer of the property described in Warranty Deed Instrument Number 105154337,
also lying on the North 1116th tine of Section 28 and the Northerly boundary of Lot 11, Block 2, Dartmoor
Subdivision;
thence along said 1116#h line and boundary,
South 89°30'16" East, a distance of 1,439.11 feet to a found 518" rebar with plastic cap stamped "FLSI PLS
7612" marking the Center-North 1/16th corner of Section 28 and the Northeasterly corner of Lot 11; thence abng
the North-South Center line of Section 28 and the Easterly boundary of Lot 11,
South 00°29'23" West, a distance of 1,325.46 feet to the center of Section 28 and the Southeasterly comer of
Lot 11, marked by a found 1 inch iron pin; thence along the East-West Center tine of Sec~on 28 and the
Southerly boundary of Lot 11,
North 89°2512" West, a distance of 833.89 feet to the True Point of Beginning.
Kingsbridge MDA- 11-004 Page 9
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Kingsbridge MDA- 11-004 Page 10
Exhibit A.3 -Recorded DA Provisions for the Original Kingsbridge Annexation
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 pcnnit.
b. CONDITIONS GOVERNING DEVELOPMENT O1F' SUB,YECT
PROPERTY:
6.1. `°pvomer/Developer" shall develop the "Property" in accordance with
the following special conditions:
1. 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;
2. That the applicant shall impose, in the CCR's for Kingsbridge
Subdivision, a minimum 25-foot rear yard setback on all perimeter lots;
3. That the applicant shall impose a single story restriction on specific
perimeter lots, single-story restricted lots shall have a maximum peals of
25-feet and a 10:12 maximum pitch, with no bonus rooms in the attic
space;
4, That along Zaldia Lane, the applicant shall construct a 5-foot wide
landscape strip, south of the b-foot vinyl privacy fence. An evergreen tree
shall be installed every 24-feet on center within the landscape strip;
S. 'That the applicant shall construct a berm (maximum 4:1 slope) within the
proposed 24-foot wide buffer strip along Zaldia Lane. Said berm shall
pmduce a total vertical screen of 11-feet (6-foot privacy fence ou top of a
5-foot berm}. Vertical screen height to be measured from the Zaldia
Lanelsouth property line established grade;
6. That the applicant shall pipe the tail ditch from the Dartmoor irrigation
pond (along Eagle Road, north, of Darhnoor Drive) through the site;
7. That a concrete sidewalk, curb, and gutter (or, if mutually agreed by the
developer and the Dartmoor residents, detached, meandering sidewalks
separated from the street) extending along both sides of Dartmoor Drive
from the Kingsbridge sidewalks at the current end of Dartmoor Drive to
Eagle Road. Construction of said sidewalks shall be completed prior to
issuance of the first building permit in the developmerrt. (NOTE: Said
improvements axe subject to ACRD approval and design standards),
8. That the applicant will construct a 3-rail fence along die Dartmoor Drive
frontage for the existing homes along Dartmoor Drive that currently do not
have fencing. In lieu of a 3-rail fence, a white vinyl fence shall be installed
on the south side of Parcel ~ R17345bO1U0. Said fencing shall be
D1:VELOPMENT AGF;EBMENT (AZ-OS-003 - KINGSBRmGE SUBDIVI3IOI~
PAGE 4 OF 11
Kingsbridge MDA- 11-004 Page 11
completed prior to issuance of the first building permit in Phase II (second
final plat phase) of the development;
Q. 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 (slang Eagle Road, north of Dartmoor Dave) through the
site aml install a head gate an the new inlet to control water flaw into the
pond;
2 0. 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 far 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 Apri15, 2005. All perimeter lots shall remain as single home
residential lots that cannot be further subdivided ar split as part of this
subdivision. The prelinamary plat dated April S, 2005, is hereby included
as a conditior- of approval for developing tl~ subject properly;
11. That the applicant shall develop a weed control and maintenance plan for
the undeveloped areas of the subdivision;
12. That the applicant shall develop a grading and drainage plan for the five
(5} lots on the northwest corner of the subdivision; and,
13. 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.
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 12s' 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, COMPLIANCEPERIOD/CONSENT TO REZONE: This Agi'ecme,~ sad
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 3 entitled "ConditionsGoverning Re-Zone" of subject "Property" of this agreement
within two years of the date this Agreement is effective, and a1ler the "City" has complied
DBYELOPMENT ACiREBMENT (AZ-0S-0U3 - KINt3~3HR1'D4E SiJHDP~ISY0A0
PAGE S OF 11
Kingsbridge MDA- 11-004 Page 12
Exhibit A.4 -Proposed Home Elevations
_ .,
Kingsbridge MDA- 11-004 Page 13
1
Kingsbridge MDA- 11-004 Page 14