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HomeMy WebLinkAbout2006-11-14Please~(~ck ~(r ~ubliG f~a~eL -~4:xtlcs! ~. 9; ~~ ,~' CITY OF ~ ~: h ~'c F ~" ~ie TREASUg6 V /1~y SIdCe ',1903 CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, November 14, 2006 at 7:00 p.m. "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter," 1. Roll-call Attendance: Shaun Wardle Joe Borton Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Mike Dodd with Capital Christian Center: 4. Proclamation for Recognition of Mountain View High School Boys Varsity Cross Country Team State Champions: 5. Adoption of the Agenda: 6. Consent Agenda: A. Tabled from November 8, 2006 Agreement for Professional Services with Civil Survev Consultants _Inc. for Engineering Services for Utility Projects in Conjunction with ACRD Project: B. Approve Minutes of October 17, 2006 City Council Regular Meeting: C. Streetlight Agreement for Crossfield Subdivision No 1 by Heron River Development, LLC: Meridian City Council Meeting Agenda -November 14, 2006 Page 1 of 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • D. Streetlight Agreement for Crossfield Subdivision No 2 by Heron River Development, LLC: E. Development Agreement: AZ 06-009 Request for Annexation and Zoning of 19.57 acres from RUT to R-8 zone for Cedarcreek Subdivision by Centennial Development, LLC - 470 West McMillan Road: F. Agreement for Donation of Real Property for Bainbridge Park with Brighton Investments, LLC: 7. Department Reports: A. Public Works Department -Brad Watson 1. Formal Determination on the Designation to be used for our City Street Commonly Known as Pine Avenue: 8. Items Moved from Consent Agenda: 9. Public Hearing: RZ 06-009 Request for a Rezone of .57 acres from an I- L zone to an R-8 zone for Vicki Garton by Vicki Garton - 435 W. Broadway Avenue: 10. Public Hearing: CPA 06-004 Request fora Comprehensive Plan Amendment to modify the definition of "®fFice" by removing the last sentence of the description (see Chapter VII, page 106, June 2006 printing of the Comprehensive Plan) for Office Designation Text Amendment by the City of Meridian Planning Department: 11. Amended Ordinance No. 06-1266 A: AZ 06-009 Request for Annexation and Zoning of 19.57 acres from RUT to R-8 zone for Cedarcreek Subdivision by Centennial Development, LLC - 470 West McMillan Road: Meridian City Council Meeting Agenda -November 14, 2006 Page 2 of 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • ~ _ ~, ,, ~ . ~ CITY OF k~~i~~~ ~ [' _ `l , eY1G~1~17 ~ ~~s II?AHO ~~~ ~~~ c ~q V ~ TREASURE V ~ Sl9EE t9U3 `Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter." Tuesday, November 14, 2006 at 7:00 p.m. 1. Roll-call Attendance: Shaun Wardle O Joe Borton Charlie Rountree ~ Keith Bird --tom Mayor Tammy de Weerd 2. 3. 4. 5. 6. Pledge of Allegiance: /. U/~G'w ~ .T: ~$0~1li~8rr~ ~~''~''~'~ T~'---- Community Invocation by Pastor Mike Dodd with Capital Christian Center: ~ u,..~e d. Proclamation for Recognition of Mountain View High School Boys Varsity Cross Country Team State Champions: ~~~,,,~~(~ Adoption of the Agenda: Consent Agenda: • CITY C®UNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho ~j~r~v~c. a.,f ~irrw,~dcoC. A. Tabled from November 8, 2006 Agreement for Professional Services with Civil Survey Consultants. Inc. for Engineerin4 Services for Utility Projects in Conjunction with ACHD Project: a~/~~+v~v~C.._ B. Approve Minutes of October 17, 2006 City Council Regular Meeting: ~~.~ ~. C. Streetlight Agreement for Crossfield Subdivision No. 1 by Heron River Development, LLC: ~~~,,,. ~ Meridian City Council Meeting Agenda -November 14, 2006 Page 1 of 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. L' D. Streetlight Agreement for Crossfield Subdivision No. 2 by Heron River Development, LLC: ~~rro~ E. Development Agreement: AZ 06-009 Request for Annexation and Zoning of 19.57 acres from RUT to R-8 zone for Cedarcreek Subdivision by Centennial Development, LLC - 470 West McMillan Road: ~~ ~- F. Agreement for Donation of Real Property for Bainbridge Park with Brighton Investments, LLC: ~,r,..o~ ~ -' ~ • 2e~~Y ,+~' /ir/ai,~,. Llhc. w• ~- P/cis„!r~e k-/~lorfh..a~e~~ Lc~.~. ~6.e,~ 7. Department Reports: d~vr- ~-~ -!ta /~ Ce r.¢, uj, A. Public Works Department -Brad Watson 1. Formal Determination on the Designation to be used for our City Street Commonly Known as Pine Avenue: p~e~,nc+w`. 8. Items Moved from Consent Agenda: ~,~.. g. ~ 9. Public Hearing: RZ 06-009 Request for a Rezone of .57 acres from an I- L zone to an R-8 zone for Vicki Garton by Vicki Garton - 435 W. Broadway Avenue: ~n-~~w~c ~l~ t ill ~ Nc.. ~,.. j!-Z/~vd w/ ®~r~w 10. Public Hearing: CPA 06-004 Request fora Comprehensive Plan Amendment to modify the definition of "Office" by removing the last sentence of the description (see Chapter VII, page 106, June 2006 printing of the Comprehensive Plan) for Office Designation Text Amendment by the City of Meridian Planning Department: w y ~r,~-~ 11. Amended Ordinance No. 06-1266 A: AZ 06-009 Request for Annexation and Zoning of 19.57 acres from RUT to R-8 zone for Cedarcreek Subdivision by Centennial Development, LLC - 470 West McMillan Road: ~.~r,ryv~ Meridian City Council Meeting Agenda -November 14, 2006 Page 2 of 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian Citv Council Meeting November 14, 2006 A meeting of the Meridian City Council was called to order at 7:00 P.M., Tuesday, November 14, 2006, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Shaun Wardle, Keith Bird, and Charlie Rountree. Members Absent: Joe Borton. Others Present: Bill Nary, Will Berg, Caleb Hood, Len Grady, Joe Silva, Gene Trakel and Dean Willis. Item 1: Roll-call Attendance: Roll call. X Shaun Wardle X Charlie Rountree X 0 Joe Borton X Keith Bird Mayor Tammy de Weerd De Weerd: Okay. Council, I will go ahead and call this meeting to order. Good evening. We appreciate you being here with us tonight. It's Tuesday, November 14th. It's 15 after 7:00. We will start tonight's meeting with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Council, before we go to the next item, which is the pledge of allegiance, we do have a community Thanksgiving service that is happening tomorrow evening at 7:00 o'clock. It's nondenominational. It's, actually, where a lot of different churches come together to provide a service for our citizens and it will be happening at Meridian Gospel Tabernacle, so you're all invited. We'd love to have you. Item No. 2 is our pledge of allegiance. Tonight we will be led by Mountain View High School Boys Varsity Cross- country Team. If you will, please, come forward and lead us in the pledge. (Pledge of allegiance recited.) Item 3: Community Invocation by Pastor Mike Dodd with Capital Christian Center: De Weerd: Thank you. Item No. 3 is our Community Invocation. Tonight we will be led by Pastor Mike Dodd with the Capital Christian Center. I would ask that you join us in the community invocation or take this as an opportunity for a moment of silence. Pastor. Dodd: Dear Heavenly Father, we thank you for this day that you have made and we tonight acknowledge that you are sovereign and ask that you would impart wisdom from Meridian City Council • November 14, 2006 Page 2 of 1 S on high as decisions are made and items of importance are discussed, so that the wonderful City of Meridian would continue to progress and prosper to the benefit of all who call Meridian their home. And we pray blessing -- the blessing of the Lord that makes rich and has no song to it to be upon every council member and their household, as well as your comfort and protection, on the city's civil servants, schools, businesses, churches and residents, in the name of Jesus we pray, amen. Item 4: Proclamation for Recognition of Mountain View High School Boys Varsity Cross Country Team State Champions: De Weerd: Pastor, I would like to offer you a City of Meridian pin for joining us tonight. And thank you. Okay. Item No. 4. We like to take opportunities to recognize youth accomplishments anytime we absolutely can. Tonight we have with us the Mountain View High School Boys Varsity Cross-country Team who are the state champs and with that I do have a proclamation. And I am going to go down there. If the team would, please, like to come up here and join me. Whereas, the City of Meridian recognizes and commends the Mountain View High School Boys Varsity Cross-country Team for having an outstanding season this year and, whereas, this team took home the State 5A High School boys cross-country champion on October 28th, 2006, and, whereas, the Mayor and City Council of the City of Meridian acknowledges the accomplishments and efforts of this team, coaches, trainers, athletic directors, cheerleaders, students, faculty, parents, boosters, and supporters and, whereas, this cross-country team took away from this season more than just memories about cross-country running, but life lessons teamed through team efforts and dedication and, whereas, this is the second team in Mountain View High School history to win a state championship, therefore, I, Tammy de Weerd, Mayor of the City of Meridian, hereby proclaim Wednesday, November 14th, 2006 -- actually, that's Tuesday, November 14th, as Mountain View High School Boys Cross-country Team Day in the City of Meridian in recognition for the success of Mountain View High School Boys Cross-country Program this season. Congratulations. We appreciate you coming and joining us tonight and letting us honor you. Now if you'd like to say a few words and, then, if each of the students can introduce themselves on your way through in front of the mike, I will present you a City of Meridian pin. Harris: I just want to take this opportunity to thank everybody. It's really great that the City of Meridian would do this for us. One thing I do want to point out, though, we have three -- three of our athletes that are actually missing. They are working tonight, so they couldn't be here. But that's just how that goes. But it was a great season and this is just an unbelievable team and thanks again very much. McCrea: I'm Rusty McCrea and I'm the assistant coach. De Weerd: If you will tell us your event, your name, and year in school. Stark: I run the 5K. My name is Matt Stark and I'm a senior. Ytsma: All right. I'm Cory Ytsma, I run the 5K, and I'm a sophomore. Meridian City Council • November 14, 2006 Page 3 of 18 Pogue: I'm Alex Pogue. I run the 5K. I'm a senior. Taylor: I'm Hank Taylor. We actually all run the 5K and I guess we won this. De Weerd: Congratulations. Item 5: Adoption of the Agenda: De Weerd: Okay. Council, Item No. 5, adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I want to -- I think the first time in eight years of being on the Council, the first time I got a request from the department of not any changes. De Weerd: Mr. Bird, I would like to make a change. Bird: I know and I got one. I got one. De Weerd: I would like to add a Mayor's report under Department Reports. Bird: Oh. Oh, you got another one. De Weerd: I was serious. Bird: Okay. B. Mayor's report under Department. Okay. I'll get started here now with the agenda. We have been asked to include under the Consent Agenda Item G, which is Plum Creek agreement, the legal department has got it drawn up now. As you just heard, Item B under the Department reports, the Mayor's office. And with that I move we approve the revised agenda. Rountree: Second. De Weerd: Okay. You have heard a motion to accept the agenda as changed and a second. All those in favor say aye. All ayes. Motion carved. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Consent Agenda: A. Tabled from November 8, 2006 Agreement for Professional Services with Civil Survey Consultants, Inc. for Enaineerina Services for Utility Projects in Conjunction with ACHD Project: Meridian City Council November 14, 2006 Page 4 of 18 B. Approve Minutes of October 17, 2006 City Council Regular Meeting: C. Streetlight Agreement for Crossfield Subdivision No. 1 by Heron River Development, LLC: D. Streetlight Agreement for Crossfield Subdivision No. 2 by Heron River Development, LLC: E. Development Agreement: AZ 06-009 Request for Annexation and Zoning of 19.57 acres from RUT to R-8 zone for Cedarcreek Subdivision by Centennial Development, LLC - 470 West McMillan Road: F. Agreement for Donation of Real Property for Bainbridge Park with Brighton Investments, LLC: 8-G Agreement for Water Line with Plum Creek Northwest Lumber for One-Half Cost: De Weerd: Okay. Item 6 is the Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the Consent Agenda, the Item G that we added, needs to be pulled and made to 8-G on the regular agenda. And with that I move that we approve the rest of the Consent Agenda and for the Mayor to sign and the Clerk to attest. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve the Consent Agenda as changed. If there is no discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 7: Department Reports: A. Public Works Department -Brad Watson 1. Formal Determination on the Designation to be used for our City Street Commonly 4Cnown as Pine Avenue: Meridian City Council • November 14, 2006 Page 5 of 18 De Weerd: Thank you. Under Department Reports we have Public Works. Grady: Madam Mayor, Members of the Council, I'm looking for some guidance. I have a request from Ada County Development Services to give them guidance as to whether we want to keep Pine Avenue named Pine Avenue. Their new criteria would mean that Pine Avenue would become Pine Street on all remaining subdivisions and they are fine if we keep it Avenue, but if we don't you will see all the red dots there that would be become Pine Street. So, in simple terms, they are just looking for guidance from Council that you want to keep it Pine Avenue. De Weerd: Okay. Council? Rountree: That would be my preference, Madam Mayor. Wardle: Mine as well. De Weerd: You have your answer there. Grady: Thank you. B. Mayor's Report. De Weerd: Okay. Okay. Under Item 7-B, Council, I just would like to first thank you for your attendance at yesterday's celebration event for the demolition of the grounds that the new City Hall will sit on. And I do have a gift for you. Now, these bricks are not the same bricks that you saw from the building that was tom down and they are very crumbly, for that I take no responsibility. But these bricks were made at the Weiser Brickyards and -- which is no longer in existence and they did come from the inside of the building. We were able to save a few of them and so I would like you to use this in whatever way you would like to. If you don't want to display it, then, they make a great water conservation program in the toilet. And I didn't clean them first either. Now, Keith, yours is -- or, Charlie, yours is a little bit different. This one says WBYDS. It's for the Weiser Brickyards. There you go. Bird: Thank you, Mayor. Rountree: Just what I needed. Bird: I can get practiced up in cleaning brick, because we had a whole bunch over there. De Weerd: So, never tell anyone I never gave you anything. Bird: We will have weekly workshops with the Council, right, over there cleaning. Meridian City Council • November 14, 2006 Page 6 of 18 Item 8: Items Moved from Consent Agenda: Item 8-G. De Weerd: You bet. Okay. There were no items moved from Item -- from the Consent Agenda, so we will move to -- Bird: Yes, there was, Mayor. 8-G. De Weerd: 8-G. Oh, I'm sorry. Bird: Mr. Nary. Nary: Madam Mayor, Members of the Council, what this item is is we have an agreement with Plum Creek, it's a local business, this is to pay for a portion of the cost of some water -- a water main that's necessary for their fire flow. In the last week we gave you a short briefing about it last week and in the last week we were able to finalize this agreement with them. Mr. Grady can give you more information if you'd like it. I just got their final okay this afternoon and I think there is some time crunch. I don't like to make Mr. Berg's life difficult by bringing these things at the last minute, but I think there is some time necessity to getting this done. What I would ask is if this meets your approval, for approval tonight, that you grant approval for the Mayor's signature after Plum Creek signs it. They haven't had an opportunity to sign it yet and so they should sign it the next day or so and, then, the Mayor can attest to it after that. Mr. Grady can probably give you further information. I'm going to pass these two originals down to Mr. Berg. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: If there is no question, I would move that we approve the Plum Creek agreement upon the signature of the applicant and, then, at that time the Mayor and the Clerk could sign it. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve the Plum Creek agreement. If there is no discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 9: Public Hearing: RZ 06-009 Request for a Rezone of .57 acres from an I- L zone to an R-8 zone for Vicki Garton by Vicki Garton - 435 W. Broadway Avenue: Meridian City Council November 14, 2006 Page 7 of 18 De Weerd: Thank you. Okay. Item 9 is Public Hearing on RZ 06-009. I will open this Public Hearing with staff comments. Hood: Thank you, Madam Mayor, Members of the Council. The subject application before you for rezone consists of .57 acres. It's currently zoned I-L, which is our light industrial zone. It's located at 435 West Broadway Avenue. There are single family homes in this area, as well as other industrial -- light industrial uses in the general vicinity of this site. As you can see, south of the tracks are really where those heavier industrial uses occur. That is the railroad tracks just directly south of the subject site. The applicant has requested the rezone, because single family homes are prohibited in the industrial zone and this is a nonconforming use, therefore, and they are trying to sell the home, is my understanding, and so they cannot get -- for lending purposes they do need to have a residential zone, so that the mortgage company is satisfied that if the house bums down or whatever, it can be rebuilt or a new home can be constructed on this site. The Comprehensive Plan designation is medium density residential. The proposed R-8 does comply with the Comp Plan designation as I mentioned earlier. There are other single family homes in this vicinity. The Planning and Zoning Commission did recommend approval of this application at their October 5th meeting. There were several people that testified at that meeting in the general vicinity. Most of the property owners in the vicinity or those that testified were in favor of rezoning the property to residential. A large portion of those testifying preferred the R-4 zone to the requested R-8 zone. There was some concem about density if an R-8 zone was approved for this site. I did want to make mention to you that we received additional written testimony, some from those that were at that Planning and Zoning Commission meeting. We did get a letter from Jim Thompson. It was also signed by Dawn Donham, Craig Donham, Shirley McCallum, Paul Watson, Mary Ann Watson, and James Thompson. This letter petitions -- again, supports the R-4, not the R-8 zoning of the property. You should have that in your packets. I did want to put that on the record as well. Staff is supportive of the requested R-8 zone, as well as the R-4, if that's what the Council so determines. Both seem to be appropriate for this area. If the R-8 zone is approved or the R-4, for that matter, any future subdivision would still come back before the Council. So, if density really is a concem, there is another Public Hearing that would be required. But with that I think I will stand for any questions you may have. De Weerd: Okay. Council, any questions? Bird: I have none. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: Could you explain to me the current zoning and Comprehensive Plan? Hood: Madam Mayor, Councilmember Rountree, if you look at this map, this is our -- i1 shows a current zoning map. I don't have a Comp Plan in the PowerPoint presentation, Meridian City Council r November 14, 2006 Page 8 of 18 but current zoning -- it's my understanding that several years ago there was an application before this city that, basically, this block, Broadway Avenue to the railroad tracks, was rezoned to industrial, because there was some prospect of -- someone had put some of these properties together -- not all of them and they -- the city actually rezoned that and, then, the deal fell through. So, there are several homes that are actually in this area -- this part of town that are nonconforming uses. As you can see on this map, too, recently at 608 we -- the Council approved a rezone to OT. The breaking point between where Old Town is and residential is right here. So, you're almost right on the boundary between Old Town and medium density residential on the Comprehensive Plan map. So, everything back to the east will be Old Town in the future. These folks -- we always encourage people, rather than spot zoning these, we say, hey, knock on your neighbor's door and see if they want to come in with you and we can clean these up, you know, rather than have them come individually -- it rarely happens, but we do encourage them to rezone a block or two if possible to kind of clean up that -- the old industrial zone that this area does carry. I don't know if that was enough of the Comprehensive Plan talk or not for you. If you want I can discuss further designations, but I hope that answers your question. Rountree: Madam Mayor, yes, I was concerned about the concept of spot zoning and you addressed that, so thank you. De Weerd: Okay. Any other questions? Is the applicant here? If you will, please, state your name and address for the record. Garton: My name is Vicki Garton and my address is 1900 East Blue Tick Street, Meridian. De Weerd: Thank you. Do you have anything that you would like to add? Garton: We are, actually, trying to buy the property from George and Viola Nelson, who are very very ill. They have been unsuccessful in selling it, because it's been zoned as light industrial, so we reached an agreement with them that we would rezone it and upon successful rezone, then, we would go ahead and buy the property for residential use. So, we did originally petition as R-8 and I'm okay with R-4. We just want to get it rezoned so we can buy it. De Weerd: And what are your plans for the property? Garton: My daughter will be living -- is, actually, currently living there. We have been leasing the home from the Nelsons and my husband's mother-in-law -- or, excuse me, mother is -- we are going to be moving her in here one of these days. I do have -- I am a day trader, so I have an office in the back that I do the computer and day trade, but it's a residential use. De Weerd: Okay. Council, any questions? Meridian City Council ~ • November 14, 2006 Page 9 of 18 Rountree: No. She answered mine. Bird: She answered mine. De Weerd: Okay. Thank you. Okay. This is a Public Hearing. Is there anyone here who would like to provide testimony on this application? Okay. Please come forward. If you will, please, state your name and address for the record. Fisher: My name is Shelly Fisher. I live at 22900 Conrad Court in Middleton. And I'm actually here to testify in support of this and in behalf of George and Viola Nelson. I'm just a family friend of theirs and this whole process has been a great burden for them, because of the light industrial zoning and because it's been a lengthy process to rezone it, it's preventing them from filing for -- for the Medicaid support that they need. Until they close on their home they are unable to get the help that they need for Viola and she's quite ill and needs some additional assistance and so until this gets finalized it's putting them in a great difficult situation. So, I would like to request that we expedite as much as possible this final approval, so that they can, actually, get the rezoning completed, so that they can go through with the sale of their home and I would like to get some sort of understanding of what the timeline would be to complete this. De Weerd: Okay. Thank you. Councilman -- or Counsel Nary -- not Councilman. Mr Nary, would you be able to give an overview as counselor to approve this tonight? What is the time frame? Nary: Madam Mayor, Members of the Council, we did receive a request from the applicant because of this situation that is somewhat unique and so we can -- I don't -- Mr. Hood can probably tell you how quickly the Findings would be ready, whether it would be next Tuesday or the following Tuesday, but, normally, the process takes a few weeks to get both the Findings done and approved and, then, the ordinance back in front of you. There is no development agreement here, so it can be done faster. We agreed to be able to put the ordinance on at the same time as the Findings, which is not commonly done, but because of the unique nature of this situation, so we can speed it up. So, I think as soon as the Findings are able to be put on -- Hood: Madam Mayor, Members of the Council, Counselman Nary, we have been working with the applicant. We are going to put them on the next -- next Tuesday's agenda. We are still in need, though -- and I think they are waiting tonight to find out if it's R-4 and R-8. We will need a new legal description, though, of the property that's prepared by a licensed surveyor, so when we send this to the Tax Commission they don't send it back to us and say we need a legal description prepared by a licensed surveyor. So, that is something that we need to be turned back to us ASAP, so we can get this on the agenda for next Tuesday, but we are -- that is our hope and goal is to put it on next Tuesday's agenda. We have worked with the clerk's office and legal to make that happen just as fast as we can. Meridian City Council November 14, 2006 Page 10 of 18 Nary: And just to make the applicant aware, I mean without that legal description -- we have had two that were returned recently for that very problem, that they hadn't been stamped by a licensed surveyor. So, it does hold it up and Cedarcreek is back on tonight for that very reason. So, those are the things that will hold it up. So, if they can get that to us as quickly as possible, we can get that on as quickly as we can. De Weerd: Okay. Thank you. Garton: Madam Mayor, so, then, it will come before the Council again next Tuesday? De Weerd: No. You would have Council action tonight and just the Findings of Facts and Conclusions of Law would come in front for authorization of signature. Bird: Plus the ordinance. Rountree: And the ordinance. De Weerd: Plus the ordinance. Garton: And, then, once that is done it's done? De Weerd: Yeah. Garton: So, if we have the survey -- or the new legal description authorized by a surveyor, then, next Tuesday it would be done? De Weerd: Exactly. Garton: Thank you so much. Nary: Subject to being published in the paper and recorded. It gets published in the paper -- it gets approved on Tuesday, it gets published the following Monday in the paper, it gets recorded normally during that week. So, it takes -- that's how long it takes legally to be done. Can it be reversed prior to that? No. I mean once it's approved by the Council next Tuesday it's technically done. I don't know for what purpose you might need it. Sony to interject so quickly, Madam Mayor, but -- De Weerd: No. That's good. Nary: But that's -- I guess how much done you need it done, that's up to your bank or whoever, so -- Garton: Right. Okay. Thank you. De Weerd: Uh-huh. Okay. If there is no further -- before I ask the applicant to come up one last time, is there any further public testimony on this item? Okay. Meridian City Council November 14, 2006 Page 11 of 18 Thompson: My name is James Thompson. I reside at 401 West Broadway. De Weerd: Thank you. Thompson: The neighbors -- the reason why we wrote the letter and submitted it with a package when we went to the Planning and Zoning Commission is as a neighborhood we are in favor of rezoning it to a residential. We just -- if our understanding with Planning and Zoning is correct, if it was to be rezoned as an R-8, if the Cartons were to decide to sell it, somebody could purchase it and put afour-plex on it without having to do anything besides go down and get a building permit. There would be no Public Hearing process on it, because of the single parcel. There would be no subdivision hearings or anything else. That being said, as a neighborhood we would like to stay as single family dwellings. That's the reason why you have a letter in front of you signed by so many of us in the neighborhood and that's -- I mean we support it being rezoned to a residential. We would just really like to be on record as wanting to be maintained as a single family dwelling neighborhood. De Weerd: We understand your concern. In particular, there has been some articles in the paper of neighbor cities that have had some issues with that, so I appreciate that. Thompson: Just -- that's the reason why we have -- any of us have stood up and said anything pertaining to this is we don't want -- we are trying to preempt something in the future from all of a sudden having four-plexes or apartments or something in our little Hitch of the world there. De Weerd: Thank you. Thompson: Thank you. De Weerd: Mr. Nary, I guess just out of curiosity, if this were approved, could it be approved for just the dwelling that is -- for whatever is on it today. If there is any change that it would come back for a Public Hearing? Nary: Madam Mayor, Members of the Council, to do that you need a development agreement, to do that, if you're going to restrict the use to just the current existing uses on the property, rather than the zone, which would, then, take longer. I think the intent was -- is to make that R-4 zoning would -- that by itself limits the uses and makes it more compatible and consistent with the neighborhood and the only reason -- and we wanted to avoid some of the confusion. I think the neighbors did understand when I looked at their -- at their comments prior to this meeting, we didn't -- it was directed at the Planning and Zoning Commission, that was their recommendation, it was agreed to by the applicant. We didn't change it in the public noticing, because, technically, until this Council approves that that's merely a recommendation. But I think that was the intent, is by making it an R-4 that limits the uses that are more consistent and compatible with the surrounding area than the R-8. Meridian City Council November 14, 2006 Page 12 of 18 De Weerd: Thank you. Okay. Okay. Is there any further testimony? Then, I would ask the applicant if she would like to come up for wrap-up remarks. If you will restate your name, please. Garton: Vicki Garton. De Weerd: Thank you. Garton: Thank you. Regarding the -- I apologize, I'm losing my voice -- the survey, when I originally submitted the application -- this is a new process for me and I have no clue what I'm doing -- I was told by Planning and Zoning that we did not need a survey. We had hired a surveyor and the day that I had hired I received a phone call from Sonya Wafters saying that she felt the legal description would be appropriate, we wouldn't need a surveyor. So, I -- you know, surveyors are hard to come by. I don't know if you realize how difficult it is to get a survey timely, so -- I can't remember if it was right before the last meeting or right after, I received another phone call from Sonya indicating to me that no, in fact, we did need a survey, because the legal description was unclear. So, it took me two days of calling every surveyor in the phone book to find someone. I did find someone and she assured me that she would get the survey done last week, but now I can't get her to call me back. So, I'm frustrated trying to get a survey and everybody else is six to eight weeks out. I would appreciate any help that we could get in that area. We -- when I -- I can't remember who the person was that called us and said that they would -- after Mr. Nelson had visited the office, that they were going to try to put it on the November 21st meeting to try to get the Findings of Facts and Conclusions of Law done. I went ahead and called my loan broker and said, okay, well, we are good to go. We are closing on the loan on Thursday. So, it°s pending the actual rezone. So, we are in kind of a mess here and I -- you know, I can't get this lady to call me back and she was -- I don't know what to do. Do you have any suggestion? It's very difficult to get a surveyor out. They are so busy. De Weerd: Mr. Grady? Grady: If -- Madam Mayor, if you were to direct me, I would call in some favors. That's the best I could do, but I imagine I could get one. De Weerd: Okay. Guido. Garton: Even mention that we are willing to pay money -- you know, rush. We have tried everything. We really have tried everything. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Meridian City Council ~ • November 14, 2006 Page 13 of 18 Nary: I think -- Madam Mayor, Members of the Council, I think probably the confusion originally -- initially is because the property boundaries weren't changing, they probably thought you wouldn't need a survey. What we have been finding in some of these older ones -- and that may have been what was discovered in the interim -- Mr. Hood will probably know more than I would, but I know we found in some of the older ones they are unreadable and so that's what -- the county recorder's rejected some, because they weren't able to read these older surveys. I don't know if that was the particular problem, so I'm song about the mix up, but that may have been the reason why they originally didn't think you needed it and now because of the specific designation and the change from the zoning that's why they want it. I don't know if Mr. Hood has different insight, but -- it looks like he concurs. It probably was just a misunderstanding. Garton: Thank you. De Weerd: Thank you. And if staff can help find an expedited process, we certainly will -- we would be willing to help if Council approves this tonight. Garton: Okay. Thank you. Grady: Madam Mayor, when was the latest she needed the survey? So, anytime this week? Is that -- okay. All right. De Weerd: Okay. I think Craig would be the best reference. Certainly by the time -- by the time Tuesday morning when -- or Tuesday when Council gets it. Yeah. Okay. Is there any further comment? Okay. Council, no further testimony. I would entertain a motion to close the Public Hearing. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we close the Public Hearing for Item No. 9. Bird: Second. De Weerd: I have a motion and a second to close Item 9. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the zoning request for Item No. 9 from I-L zone to an R-4 zone. Meridian City Council November 14, 2006 Page 14 of 18 Wardle: Second. De Weerd: And that was to instruct the staff to prepare Findings and bring it back by next week? Rountree: I'll do that separately, but -- De Weerd: Okay. I have a motion and a second on Item 9. Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Mr. Rountree. Rountree: Madam Mayor, I don't know that we need a motion, because I think staff knows the urgency and Len will be in contact with the applicant or -- yes, Mrs. Garton about the possibility of finding someone to do a survey. I also have a comment about this item and that brings up a particular instance that I don't know that we necessarily deal with well in our ordinances and that's the situation of hardship and I know other statutes that I have worked with do have provisions for documented hardship and I don't know if that's something that we want to explore at a future date or not, but, again, not to add to your plate of things, Mr. Nary, but I -- on those rare instances when it happens, we need to look at how we can expedite things. Item 10: Public Hearing: CPA 06-004 Request fora Comprehensive Plan Amendment to modify the definition of "Offce" by removing the last sentence of the description (see Chapter VII, page 106, June 2006 printing of the Comprehensive Plan) for Office Designation Text Amendment by the City of Meridian Planning Department: De Weerd: Thank you, Mr. Rountree. Okay. Item 10 is a Public Hearing on CPA 06- 004. I will open this Public Hearing with staff comments. Hood: Thank you, Madam Mayor, Members of the Council. This is a Comprehensive Plan text amendment relating to the office designation as currently written in the Comprehensive Plan. I will just read that to you quickly. The office designation description is as follows: This designation will provide opportunities for low impact business areas. These would include offices, technology and resource centers, ancillary commercial uses may be considered. And, in parenthesis, particularly within research and development centers or technological parks. It goes on to say: Additionally, as noted in the residential district section of the Comprehensive Plan, light office uses may be appropriate in limited circumstances and at the discretion of the City Council. Now, that's additionally -- that last sentence was put in with Resolution 04-454, which had some text additions to the Comprehensive Plan primarily centered around Meridian City Council November 14, 2006 Page 15 of 18 residences on arterials and the redevelopment of those residences on arterials, them backing out of their driveways and such and those homes maybe converting to offices and limited circumstances or in certain instances where it may be appropriate, even though they were residential on the Comprehensive Plan, to let them go office if they were three acres or less on an arterial and we are requesting L-O zoning. So, this sentence I believe made it in error, actually, into -- into the office designation. It's already covered in the residential description in the Comprehensive Plan, as noted, you know, it says see the residential designation for when office uses are appropriate. So, this is really a clean up to the text of the Comprehensive Plan. It doesn't change any of the intent. As passed this Resolution 04-454, it makes it clearer that office uses are intended for office uses and residential is not appropriate in office designated properties on the Comprehensive Plan. The Planning and Zoning Commission did recommend approval of this. I have not received any comments on this application from any of the public. No one was present at the Public Hearing at the Planning and Zoning Commission to testify. I believe that's as much of a staff report as I was going to give you tonight. If you need anymore I will stand for questions. De Weerd: Okay. Council, any questions? Mr. Wardle. Wardle: Madam Mayor, just a comment to staff and -- I believe we had this discussion and direction from Council was to clean up the ordinance and bring it back for our consideration and I appreciate staff expediting that, so that we have an ordinance that directs us in this zoning. De Weerd: Okay. Is there anyone who would like to testify on this application? Okay. Council, do I have a motion to close the Public Hearing? Rountree: So moved. Bird: Second. De Weerd: Okay. I have a motion and a second to close Item 10. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move we approve Item 10, CPA 06-004. Rountree: Second. Meridian City Council ~ • November 14, 2006 Page 16 of 18 De Weerd: Okay. I have a motion and a second to approve Item 10. If there is no discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 11: Amended Ordinance No. 06-1266A: AZ 06-009 Request for Annexation and Zoning of 19.57 acres from RUT to R-8 zone for Cedarcreek Subdivision by Centennial Development, LLC - 470 West McMillan Road: De Weerd: Okay. Item 11 is amended ordinance number 06-1266A. Mr. Berg, will you, please, read this ordinance by title only. Bird: Thank you, Madam Mayor, Members of the Council. The reason that it is being amended because we do have the proper owner in the ordinance now. It was changed Amending Ordinance No. 06-1266A, amended ordinance for annexation of property located in a portion of the south one half of the southeast one quarter of Section 28, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to R-8 in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. De Weerd: Thank you. Is there anyone in the audience who would like to hear this ordinance read in its entirety? Okay. Seeing none -- thank you for not asking for it. Council, do I have a motion to approve? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve ordinance -- the amended ordinance 06-1266A, with suspension of rules. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve Item 11. Mr. Berg, will you call roll call. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, absent. Meridian City Council ~ • November 14, 2006 Page 17 of 18 MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Well, Council, I have one final announcement. We did have some discussions about Locust Grove overpass and when the appropriate time to do a groundbreaking. We did meet with staff district three engineer and a couple of his staff members today and we set December 5th as the groundbreaking ceremony at 2:00 o'clock and Shelly will be getting you further information. They will be doing some clearing and grubbing. Mr. Rountree might be able to interpret that. But as I understand it, they will scrape the footprint and so there will be significant activity. Mr. Shannon told us that there probably would be a period of just two weeks during the holidays that there would not be anything going on, that it would be very active out there. So, we decided to go ahead and get this ground breaking underway as activity is shown. So, we invite you all to joins us on that great occasion to see Locust Grove overpass begin. And I do have some City of Meridian pins for all the high school students that are sitting here painfully through this ceremony to show your teachers that you actually were here. So, I would entertain a motion, Council, to adjoum this meeting. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Before I make a motion to adjoum, let's get this publicized, this groundbreaking on the 5th, so people can come and see that we haven't been lying to them for three years, that the money -- their tax money that's been spent is finally going to get built. Let's get it out and get it publicized. And I also want to state -- which you had previously said on the program yesterday -- I want to thank Shelly for the fine job, the help that she got from -- I know Ron and Will and Peggy, those, but Shelly really stepped forward and did a -- I don't think I have ever been to a finer program, more well run program, and to see all the elderly people come out in a windy, cold day is fantastic for this community. It was absolutely fantastic. And I appreciate it. Let's get the same turnout or bigger at Locust Grove. De Weerd: We will do everything we can, Mr. Bird. Okay. If there is nothing further, Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: A most unusual evening that we are through by 8:00 o'clock. Bird: Yeah. Rountree: But I will move that we adjoum and thank the folks for being here this evening. Meridian City Council ~ • November 14, 2006 Page 18 of 18 Wardle: Second. Bird: Second. Rountree: Be glad you're not here until 11:00 or 12:00. Bird: Second. De Weerd: Okay. I have a motion and a second. All those in favor, please, say aye. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Thank you. MEETING ADJOURNED AT 7:59 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) ATTESTED: M YOR MY DE WEERD ~.,F°°°,~ ~ ~ =~_ , "~~~,:d _. ~ f ~~. L '. i' s_~ `ATTESTED: ~ ~!~ ~~~ ILL~4M G s~ rpf~ ,~ ~6g~J ~~a~~1 4~~. >>~roaa'poEth~p4 ~,l2,~6 DATE APPROVED BERG JR.`, CITY CLERK November 9, 2006 MERIDIAN CITY COUNCIL MEETING November 14, 2006 APPLICANT ITEM NO. ~ REQUEST Proclamation for Recognition of Mountain View High School Boys Varsity Cross Country Team State Champions AGENCY COMMEMS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become propertyr of the City of Meridian. ~ ' ~: ~._ r CITY QF ~j'~ ~~ ~ ~' ~`~ P~l/~1t"Y1' tl tn~o ,1, ?die Office of tFie 9Vlayor P R O C L .~l ~i .~l 2~I O N 1Nliereas, the City of Meridian recognizes and commends the Mountain View High School Boys Varsity Cross Country Team far having an outstanding season this year; and 1N~iereas, this team took home the state 5A high school boys cross country championship on October 28th, 2006; and "1~Vhereas, the Mayor and City Council of the City of Meridian acknowledges the accomplishments and efforts of this team, coaches, trainers, athletic director, cheerleaders, students, faculty, parents, boosters and supporters; and 1Nfereas, this cross country team took away from this season more than just memories about cross country running but life lessons teamed through team efforts and dedication; and "YV~ereas, this is the second team in Mountain View High School's history to win a state championship; ~Tierefore, I, Tammy de Weerd, Mayor of the City of Meridian, do hereby proclaim Tuesday, November 14th, 2006, as Mountain `Vietiv 3C~cgh Scfwol Boys Cross Country ?~eam Day in the City of Meridian in recognition for the success of the Mountain Vew High School Boys Cross Country Program this season. Dated this 14th day of November, 2006. ~ _„_ ~ Tammy de erd, Mayor Shaun Wardle, City Council Joe Borton, City Council Keith Bird, City Council Charlie Rountree, City Council i .Mountain ?~ie~ .~!~!i scFool Boys ?larsity Cross Coun~;~y dam 2oo6I~~~~o.s.~ State C`iam~io~zs Runners: .~ Da ;ey Dere~~unn .ilex ~oold~ .ilex Po~uue Cory ~tryr,,a .~lattstar~ .~lan~ Saylor Coac!ies: ~racy.~!arrrs - .~lead~ .~Celly Bartlett Rusty.~IcCrea .~I/a-omi Vilna Bruce falters November 9, 2006 MERIDIAN CITY COUNCIL MEI7ING APPLICANT November 14, 2006 ITEM NO. 6-A REQUEST Tabled from November 8, 2006: Agreement for Professional Services with Civil Survey Consultants, Inc. for Engineering Services for Utility Projects in Conjunction with ACHD Project AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See pr®viaus Item Packet Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shaA become properly of the City of Meridian. t ~'~~ `?~~~~d o ~ 200 Ci%y (~f Ii/Ie,~ridi~ City.Cl~rls ®i~cc Memo To: Will Berg; Tara Green From: Kyle Radek, P.E., Staff Engineer /~~ CC: File, Len Grady, Keith Watts t Date: 11/2/2006 Re: Proposed Agenda Item for November 7, 2006 City Council Meeting The Public Works Department respectfully requests the following item be placed on the November 7 City Council agenda, under Consent Agenda, for Council's consideration: Agreement for Professional Services with Civil Survey Consultants Inc for Engineering Services for Utility Proiects in Coniunction with ACRD Proiects This agreement is to provide services for multiple projects where minor utility work is being done in conjunction with ACHD road improvements Recommended Council Action: The Public Works Department recommends that City Council approves~the Agreement for Professional Services with Civil Survey Consultants, Inc. for Engineering Services for Utility Projects in Conjunction with ACRD Projects for a cost not to exceed $20,000 and authorizes the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding this item. • Page 1 Glenn K. Bennett, P.L.S. President Timothy A. Burgess, P.E. Vice President Civil Survey Consultants, Inc. 1400 East Watertower Street Suite 100 Meridian, Idaho 83642 (208)888-4312 Fax 888-0323 November 1, 2006 Len Crrady, P.E. City Engineer City of Meridian 660 E. Watertower Meridian, ID -83642 Re: Utility Projects in Conjunction With ACHD Projects Dear Len: Thank you for considering Civil Survey Consultants to provide continuing professional services related to Ada County Highway District projects that require the City of Meridian to show on ACHD plans the adjustment and/or relocation of existing potable water and sanitary sewer facilities. The following is our understanding of the scope of services to be provided: Civil Survey Consultants will review various Ada County Highway District roadway improvement projects and identify all existing City of Meridian potable water and sanitary sewer facilities that need to be adjusted and/or relocated. We will prepare bid item notes and special provisions for the identified items and provide the notes and special provisions to ACHD to be included on their plans. A separate plan set will not be prepared by Civil Survey Consultants. Plans will be reviewed once the City has provided our office with copies of the final design submittal to ACHD. It will be the City's responsibility to negotiate and execute the Joint Effort Agreement for construction with ACRD. All required work to adjust any facilities at existing irrigation crossings will be performed under ACHD's agreement with the Irrigation District. The City of Meridian will provide all available information, prepare and execute all construction contract documents, and provide construction administration including full time construction observation. Civil Survey Consultants will be available to answer questions prior to the bid opening and during construction. Civil Survey Consultants will perform field surveys and obtain title reports as needed to prepare any easement descriptions and exhibits that are necessary to relocate existing utilities. Grady ~ • November 1, 2006 Sheet 2 of 2 We will mail a copy of the easement description and exhibit to each property owner, along with any required easement forms for execution. We will assume that this project is for the benefit of the property owner and as such the necessary easements will be granted for no cost. If a property owner requests payment for an easement we will forward that request to the City for approval. Civil Survey Consultant will provide the design services on a time and material basis as outlined above for a not to exceed amount of $20,000.00 unless approved in writing by the City of Meridian. A man- hour and fee estimate is attached. If the proposed scope of services and fee estimates are acceptable please sign and return one copy of the enclosed Agreement for Professional Services. Sincerely, Civil Survey Consultants, Tiic. ~ ~~ Corey Peacock, P.E. CIVIL SURVEY CONSULTANTS, INC. AGREEMENT FOR PROFESSIONAL SERVICES Project No. THIS AGREEMENT between THE CITY OF MERIDIAN, hereinafter referred to as the "CLIENT" and CIVIL SURVEY CONSULTANTS, INC., an Idaho Corporation, hereinafter referred to as "CSC" is made and entered into this day of 20_. The CLIENT and CSC in consideration of their mutual covenants herein agree as set forth below. The Client intends to adjust and/or relocate existing potable water and sanitary sewer facilities in conjunction with Ada .County Highway District roadway improvement projects, hereinafter referred to as the PROJECT. CLIENT INFQRMATION AND RESPONSIBILITIES The CLIENT will provide to CSC a full and complete description of the PROJECT including; all design criteria, information as to CLIENT's requirements for the PROJECT, design objectives and constraints, capacity and performance requirements, flexibility and expandability needs, any budgetary limitations, and copies of all design and construction standards which CLIENT will require to be incorporated in the Drawings and Specifications. The CLIENT will also provide to CSC all associated project information including data prepared by others; soil borings, probings and subsurface explorations; hydrographic surveys; laboratory tests and inspection reports of samples, materials and equipment; studies and interpretations of all environmental assessment and impact statements; surveys of record; property descriptions; zoning, deed and other land use restrictions; title reports; other special data or consultations as may be available; all of which CSC may use and rely upon in performing services under this Agreement. The CLIENT will obtain permission for CSC to enter upon public and private property as required for CSC to perform services under this Agreement. SERVICES TO BE PERFORMED BY CSC CSC will provide services as outlined in the attached letter dated November 1, 2006. BASIS OF FEE AND BILLING SCHEDULE The Client will pay CSC for services provided under this Agreement per the attached letter dated November 1, 2006. Notice to Proceed, either verbal or written, shall constitute acceptance of this Agreement by the CLIENT. THE TERMS AND CONDITIONS ARE PART OF THIS AGREEMENT. THE CLIENT AGREES TO SAID TERMS AND CONDITIONS. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. City of Meridian 33 E. Idaho Avenue Meridian, Idaho 83642 BY: NAME: TITLE: ATTEST BY: NAME: TITLE: APPROVED BY CITY COUNCIL: Civil Survey Consultants, Inc. 1400 East Watert treet, Suite 100 Meridian, I 83 42 Timofhy A. Burgess, V~Cce President CIVIL SURVEY CONSULTANTS, INC. TERMS AND CONDITIONS GENERAL -CSC shall provide for CLIENT professional engineering and/or land surveying services for the Project described in this Agreement. These services will be performed in accordance with generally accepted professional practices for the intended use of the project. CSC makes no other warranty either expressed or implied. CSC shall not be responsible for acts or omissions of any party involved in the Project other than their own. CSC shall not be responsible for failure of any contractor or subcontractor to construct any item in accordance with recommendations issued by CSC. CSC has not been retained to supervise, direct or have control over Contractor's work. CSC specifically does not have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected by Contractor{s), for safety precautions and programs incident to the work of Contractor(s) or for any failure of Contractor(s) to comply with laws, rules, regulations, ordinances, codes or orders applicable to Contractor(s) furnishing and performing their work. Accordingly, CSC can neither guarantee the performance of the construction contracts by Contractor(s) nor assume responsibility for Contractor(s) failure to furnish and perform their work in accordance with the Contract Documents. The CLIENT understands and agrees that subsurface and soils characteristics may vary greatly between successive test points and sample intervals. CSC will coordinate this work in accordance with generally accepted practice of the professional services being provided and makes no other warranties expressed or implied or as to the professional advice furnished by professionals providing soils testing or geotechnical advice. Resetting of survey and/or construction stakes shall constitute extra work and shall be paid for on a time and material basis in addition to any other payment provided in this Agreement. OPII~IIONS OF COST -CSC may be asked to provide opinions of construction or PROJECT costs as part of the professional services under this Agreement. The CLIENT understands and agrees that CSC has no control over the cost of labor, materials, equipment or services furnished by others, or over the Contractor(s)' methods of determining prices, or over competitive bidding or market conditions. The CLIENT understands that CSC opinions of cost are based on CSC experience and represents CSC's judgment based on that experience, but CSC does not guarantee or warranty that either quotes, bids or estimates prepared by contractors, subcontractors or other will not deviate from opinions prepared by CSC. The CLIENT agrees to employ an independent cost estimator if the CLIENT desires additional assurance, warranty or guarantee of PROJECT costs. Should the CLIENT request that CSC modify any PROJECT aspect to reduce construction costs, then those services shall be considered additional and beyond the scope of this Agreement unless specifically stated otherwise in this Agreement. REUSE OF DOCUMENTS -CSC shall retain an ownership interest of all professional products prepared by CSC. The CLIENT agrees that no product will be reused without specific written permission of CSC. The CLIENT agrees to indemnify and hold CSC harmless from any claims, damages, losses and expenses arising from unauthorized reuse of all work products prepared by CSC for the PROJECT. GOVERNING LAW -Unless otherwise provided in an addendum, the law of the State of Idaho will govern the validity of this Agreement, its interpretation and performance, and remedies for contract breach or any~other claims related to this Agreement. SUCCESSORS AND ASSIGNS -CLIENT and CSC each is hereby bound and the partners, successors, executors, administrators and legal representatives of CLIENT and CSC are likewise bound to the other party to this Agreement, in respect of all covenants, agreements and obligations of this Agreement. Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than CLIENT and CSC, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of CLIENT and CSC and not for the benefit of any other party. TIMES OF PAYMENTS -CSC shall submit monthly statements for services rendered and for Reimbursable Expenses incurred. CLIENT shall make prompt monthly payments. If CLIENT fails to make any payment due CSC for services and expenses within thirty (30) days after receipt of CSC's statement therefor, the amounts due CSC will be increased at the rate of 1.5% per month from said tenth day, and in addition, CSC may, after giving ten days' written notice to CLIENT, suspend services under this Agreement until CSC has been paid in full all amounts due for services, expenses and charges. TERMINATION -The obligation to provide further services under this Agreement may be terminated by either party upon thirty days' written notice. Such termination shall be based upon substantial lack of perfonnance'by the other party under the terms and conditions of this Agreement when said substantial lack of performance is through no fault of the terminating party. If this Agreement is terminated by either party, CSC shall be paid for services rendered and for reimbursable expenses incurred to the date of such termination. HAZARDOUS WASTE AND ASBESTOS -The CLIENT and CSC agree that the work covered in this Agreement does -not anticipate either the presence or remediation of hazardous waste and/or asbestos. Hazardous materials may exist where there is not reason to believe they should be present. CSC .and the CLIENT agree that the discovery of unanticipated hazardous materials constitutes a changed condition mandating a renegotiation of the scope of work or termination of services. CSC and the CLIENT also agree that the discovery of unanticipated hazardous materials may make it necessary for CSC to take immediate measures to protect human health and safety, and/or the environment. CSC agrees to notify the CLIENT as soon as practically possible should unanticipated hazardous materials or suspected. hazardous materials be encountered. The CLIENT encourages CSC to take any and all measures that in CSC's professional opinion are justified to preserve and protect the health and safety of CSC's personnel and the public, and/or the environment, and the CLIENT agrees to compensate CSC for the additional cost of such work. )n addition, the CLIENT waives any claim against CSC, and agrees to indemnify, defend and hold CSC harmless from any claim or liability for injury or loss arising from CSC's encountering unanticipated hazardous materials or suspected hazardous materials. The CLIENT also agrees to compensate CSC for any time spent and expenses incurred by CSC in defense of any such claim, with such compensation to be based upon CSC's prevailing fee schedule and expense reimbursement policy. DISPUTE RESOLUTION -All claims, disputes or controversies arising out of, or in relation to the interpretation, application or enforcement of this Agreement .shall be decided through non-binding mediation or other mutually agreed alternative dispute resolution technique. The CLIENT and CSC agree non-binding mediation or other mutually acceptable alternative dispute resolution technique shall precede litigation or recourse to other judicial forums. RECOVERY OF DISPUTE RESOLUTION COSTS - In the event that legal action is brought by either party against the other, the prevailing party shall be reimbursed by the other for the prevailing party's legal costs, in addition to whatever other judgments or settlement sums, if any, may be due. Such legal costs shall include, but not be limited to, reasonable attorney's fees, court costs, expert witness fees and other documented expenses, as well as the value of time spent by the prevailing party and those in his or her employ in researching the issues in questions, discussing matters with attorneys and others, preparing for depositions, responding to interrogatories, and so on. The value of time spent and the expenses incurred shall, on CSC's part, be computed based upon CSC's prevailing fee schedule and expense reimbursement policy relative to the recovery of direct project costs. EXTENT OF AGREEMENT -This Agreement represents the entire and integrated agreement between the CLIENT and CSC and supersedes all prior negotiations, representations or agreements, written or oral. 'The Agreement maybe amended only by written instrument signed by both CLIENT and CSC. Civil Survey Consultants, Inc. Glenn K. Bennett, P.L.S. President 1400 E. Watertower St Suite 100 Timothy A Burgess, P.E. Meridian, Idaho 83642-7786 Vice President CIVIL SURVEY CONSULTANTS CITY OF MERIDIAN CONTINUING SERVICES PREVAILING FEE SCHEDULE EFFECTIVE OCTOBER 1, 2006 Labor: Project Manager - $ 105.00 per hour Chief of Surveys - $ 105.00 per' hour Project Engineer - $ 95.00 per hour Land Surveyor - $ 85.00 per hour Design Engineer 1 - $ 85.00 per hour Design Engineer Z - $ 80.00 per hour Design/Survey Technician 1 - $ 70.00 per hour Design/Survey Technician 2 - $ 65.00 per hour Design/Survey Technician 3 - $ 55.00 per hour Direct Expenses: GPS Vehicle 2-Wheel Drive Vehicle 4-Wheel Drive Outside Printing Long Distance Telephone Sub-Consultants $ 40.00 per hour $ No Charge $ No Chazge $ Cost $ Cost $ Cost (20888-4312 Fax 888-0323 Civil Survey Consultants reserves the right to change or modify this fee schedule annually during the duration of a multi-yeaz continuing services agreement. November 9, 200b MERIDIAN CITY COUNCIL MEETING November 14, 2006 APPLICANT ITEM NO. 6-B REQUEST Approve Minutes of October 17, 2006 City Council Regular Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. • November 9, 2UOb MERIDIAN CITY COUNCIL MEETING November 14, 2006 APPLICANT ITEM NO. 6-C REQUEST Streetlight Agreement for Crossfield Subdivision No. 1 by Heron River Development, LLG AGENCY COMMENTS CITY CLERK: CtTY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: / CITY SEWER DEPT: f Y CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: 11Aaterlais presented at pubBc meetings shall became property of the City of Meridian. _~~ • • ADA COUNTY RECORDER d. DAVID NAVARRO AMOUNT .00 BOISE IDAH0111??!06 08:2A AM DEPUTY Bonnle ObsrbilBg II~ I~'I~I'il+~~,+lll~lllll'IIII I II'I~ RECORDED-REQUEST OF 1 Meridian City i ~~~ i 5578 STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF MERIDIAN and Heron River Development LLC, pertaining to the street lights in Crossfield Subdivision #1, a residential development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Heron River Development LLC has provided 16 street light poles, concrete pole bases, fixtures, bulbs, and components to the residential development known as Crossfield Subdivision # 1 in Meridian, Idaho. The parties acknowledge that the 16 street light poles and appurtenances were specially ordered items, not customarily used in residential developments in Meridian, Idaho. 2. Heron River Development LLC, or it's assigns, agree to replace, repair and provide any required maintenance of any of the above mentioned street lights, and/or appurtenances thereof, that may hereafter be broken, damaged, or deteriorated, or require maintenance, at its own expense; and it is further agreed that , or its heirs, successors and assigns, shall keep the lights operational at all times, it being understood by the City that bulbs, and/or ballast, do burn out and that the City will allow reasonable time to replace them. 3. It is agreed that the City of Meridian authorize and pay for the electrical service to be supplied to the 16 street lights located in Crossfield Subdivision #1 in the usual and customary manner. 4. It is agreed that the City of Meridian, because Idaho Power Company will not maintain the bulbs and ballast or provide any maintenance, will enter into a Schedule 40 Agreement with Idaho Power Company, and not a Schedule 41 ~ Agreement, which in proper cases provide that Idaho Power Company would provide maintenance, bulbs, and ballast. It is also agreed that lighting served ucYder the Schedule 40 Agreement must be controlled by a photo electric device of the "fail off' type. 5. It is understood and agreed that Heron River Development LLC will assign its rights and obligations hereunder to Crossfield Subdivision H.D.A. when said Homeowners Association is formed and operational. STREET LIGHT AGREEMENT X'age 1 ok•, ~ • • Tlus AGREEMENT shall be binding on Heron River Development LLC. its heirs, successors and assigns, and the CITY QF MERIDIAN. Dated this day of `~ ,~L~„ , 20~. CITY QF MERIDIAN, a municipality and Political subdivision of the Stata of Idaho fi B Y ``~~~~ ~ ~ ~ ~ ~ ~ ~~~'~rrr~--,, f~ Mayor DeWeerd. ATTEST: ,~` ~' ~~ ~~,~'•~,. '~. %~ ~ o' - -~ ~~ William G. Berg, Jr., ity Clerk '% r y~~ ~ ~ .~A~,~`~ ~~~~-+-n~ n~i~~~'" Heron River Development LLC By ~- R. Craig Groves Its: Manager STREET LIGHT AGREEMENT Page 2 i • STATE OF IDAHO, ) . ss. County of Ada, On this ~~ y of /V ~U~~~_ ~ , 20 ~o ,before me, the undersigned, a Notary Public in and for said State, personally appeared Mayor DEWEERD, and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY OF MERIDIAN, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~h~~~~ SEAL STATE OF ,) County of ,) 5S. NOTARY PUBLIC FOR IDAHO RESIDING AT _ . ~ ll-~~...- ~o~~= MY COMMISSION EXPIRES fa i,~ ~~ On this ~ day of i ZO~,~„Q, bef re e, dersi d, a Notary Public in and for said State, personally appeared and known to me to be the Pre ent and Secretary of Packard Estates LLC, and who executed tb.e within instrument on behalf of said corporation, and acknowledged to me that said corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~AAY SEAL ~~ar'~vV *~~ qt sr~r~ ~~~ STREET LIGHT AGREI:MIrNT Page 3 ~ j ~~ City of Meridian Public Works Dept. Memo ~,~~EIV~ ®~ o~ 2006 City Of IV~e~.clian City Clerk Office To: Mayor De Weerd ~ City Council From: Karie Glenn CC: File Date: 11 /3/2006 Re: Proposed Agenda Items for 11/14/06 City Council Meeting The Public Works Department respectFully requests that the followring items be placed on the 11/14/06 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Streetlight Agreement for Crossfield #1 by Heron River Development LLC. Typical Streetlight Agreement. Recommended Council Action: Approve the Streetlight Agreement for Crossfield #1 and authorize the Mayor to sign and City Clerk to attest. 2) Streetlight Agreement for Crossfield #2 by Heron River Development LLC . Typical Streetlight Agreement. Recommended Council Action: Approve the Streetlight Agreement for Crossfield #2 and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. • Page 1 STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF MERIDIAN and Heron River Development LLC, pertaining to the street lights in Crossfield Subdivision #1, a residential development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: Heron River Development LLC has provided 16 street light poles, concrete pole bases, fixtures, bulbs, and components to the residential development known as Crossfield Subdivision # 1 in Meridian, Idaho. The parties acknowledge that the 16 street light poles and appurtenances were specially ordered items, not customarily used in residential developments in Meridian, Idaho. 2. Heron River Development LLC, or it's assigns, agree to replace, repair and provide any required maintenance of any of the above mentioned street lights, and/or appurtenances thereof, that may hereafter be broken, damaged, or deteriorated, or require maintenance, at its own expense; and it is further agreed that , or its heirs, successors and assigns, shall keep the lights operational at all times, it being understood by the City that bulbs, and/or ballast, do burn out and that the City will allow reasonable time to replace them. 3. It is agreed that the City of Meridian authorize and pay for the electrical service to be supplied to the 16 street lights located in Crossfield Subdivision #1 in the usual and customary manner. 4. It is agreed that the City of Meridian, because Idaho Power Company will not maintain the bulbs and ballast or provide any maintenance, will enter into a Schedule 40 Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in .proper cases provide that Idaho Power Company would provide maintenance, bulbs, and ballast. It is also agreed that lighting served under the Schedule 40 Agreement must be controlled by a photo electric device of the "fail off' type. 5. It is understood and agreed that Heron River Development LLC will assign its rights and obligations hereunder to Crossfield Subdivision H.O.A. when said Homeowners Association is formed and operational. STREET LIGHT AGREEMENT Page 1 This AGREEMENT shall be binding on Heron River Development LLC. its heirs, successors and assigns, and the CITY OF MERIDIAN. Dated this . day of , 20 CITY OF MERIDIAN, a municipality and Political subdivision of the State of Idaho By Mayor DeWeerd. ATTEST: William G. Berg, Jr., City Clerk Heron River Development LLC By ~ R. Craig Groves Its: Manager STREET LIGHT AGREEMENT Page 2 STATE OF IDAHO, ) . ss. County of Ada, ) On this _ day of 20 ,before me, the undersigned, a Notary Public in and for said State, personally appeared Mayor DEWEERD, and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY OF MERIDIAN, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL NOTARY PUBLIC FOR IDAHO RESIDING AT MY COMMISSION EXPIRES STATE OF ,) County of ,) . ss. On this ~ day of ~ ~ 20~, before e, dersi d, a Notary Public in and for said State, personally appeared ` ~j and known to me to be the Pre ent and Secretary of Packard Estates LLC, and who executed the within .instrument on behalf of said corporation, and acknowledged to me that said corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. d~RC~ R~-RY SEAL S~r,~ tr ~ ~, ~ti ~S PV Qe': r` ~~'••.,~rATE ti34~~~• STREET LIGHT AGREEMENT Page 3 • November 9, 2046 lJ MERIDIAN CITY COUNCIL MEETING November 14, 2(~6 APPLICANT ITEM NO. 6-~ REQUEST Streetlight Agreement for Crossfield Subdivision No. 2 by Heron River Development, LLC AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTA{N GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at pubUc meetings shall become property o1 fhe CHy of Meridian. • ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 BOISE IDAH01112?108 08:29 AM DEPUTY Bonnie OberbilBg 'If ~'ll'I~'ll~„I~~,"~III~III~ I~"„ RECORDED-REQUEST OF 1~£~iS3~7'9 Meridian City STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF MERIDIAN and Heron River Development LLC, pertaining to the street lights in Crossfield Subdivision #2, a residential development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Heron River Development LLC has provided 5 street light poles, concrete pole bases, fixtures, bulbs, and components to the residential development known as Crossfield Subdivision #2 in Meridian, Idaho. The parties acknowledge that the 5 street light poles and appurtenances were specially ordered items, not customarily used in residential developments in Meridian, Idaha. 2. Heron River Development LLC, or it's assigns, agree to replace, repair and provide any required maintenance of any of the above mentioned street lights, and/or appurtenances thereof, that may hereafter be broken, damaged, or deteriorated, or require maintenance, at its own expense; and it is further agreed that , or its heirs, successors and assigns, shall keep the lights operational at all times, it being understood by the City that bulbs, and/or ballast, do burn out and that the City will allow reasonable time to replace them. 3. It is agreed that the City of Meridian authorize and pay for the electrical service to be supplied to the 5 street lights located in Crossfield Subdivision #2 in the usual and customary manner. 4. It is agreed that the City of Meridian, because Idaha Power Company will not maintain the bulbs and ballast or provide any maintenance, will enter into a Schedule 40 Agreement with Idaho Pawer Company, and not a Schedule 41 Agreement, which in proper cases provide that Idaho Power Company would provide maintenance, bulbs, and ballast. It is also agreed that lighting served under the Schedule 40 Agreement must be controlled by a photo electric device of the "fail off' type. 5. It is understood and agreed that Heron River Development LLC will assign its rights and obligations hereunder to Crossfield Subdivision H.O.A. when said Homeowners Association is formed and operational. STREET LIGHT AGREEMENT Page 1 • • This AGREEMENT shall be binding on Heron River Development LLC. its heirs, successors and assigns, and the CITY QF MERIDIAN. Dated this ~ ~ day of , 20y~,.0 CITY OF MERIDIAN, a municipality and Political subdivision of the State of Idaho ATTEST: William G. Berg, Jr., rCit; ~~~ ~~~d ~ By ~ ~ . Mayor DeWeerd. \,~~~ll,llun-Ir ~``` t~ C~,i T\ ,~rAk' fj~ _ ~© ~~s:~s ~,~% p ~' vry t ~ Y1Y11 1i11111~~ Heron River l~evelorment i,LC sy R. Craig Groves Its: Manager STREET LIGI-IT AGREEMENT Page 2 0~ 3 STATE OF IDAHO, ) ss. ss. County of Ada,ii ~, } On this l ~~y of ~ G~d (~+~~r~~~ , 20 p~ ,before me, the undersigned, a Notary Public in and for said State, personally appeared Mayor DEWEERD, and WILLIAM G. BERG, JrR., known to me to be the Mayor and City Clerk of the CITY OF MERIDIAN, Idaho, and who executed the within instniment, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~h~m~ ~mt-f~ SEAL STATE OF ,) County of ,) in NdTARY PY.TBLIC F()R il~AHn RESIDING AT Imo. ~L~~ J'd`~^.1~ MY COMMISSION EXPIRES lG --/,S =!l On this ~ day of 20~, bef a e, the un rsi ed a Notary Public and for said State, personally appeazed and known to me to be the esi nt and ecretary of Packard Estates LLC, and who executed the within instrument on be f of said corporation, and acknowledged to me that said corporation executed the same. IN WITNESS WHERIrOP, I have hereunto set my hand and affixed my official seal the day and year first above written. pARC~'~ SEAL ~ ~.~ARY ~ •'• G s ~,~r~Te o~ ~°a STREET LIGI3T AGREEMENT Page 3 O~ n Memo ktFCFIVEI? N0~ 0 ~ 200 City Cf l~e~°idia~ Cit~r Clerk ~~ce To: Mayor De Weerd & City Council From: Karie Glenn CC: File Date: 11 /3/2006 Re: Proposed Agenda Items for 11/14/06 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 11/14/06 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Streetlight Agreement for Crossfield #1 by Heron River Development LLC. Typical Streetlight Agreement. Recommended Council Action: Approve the Streetlight Agreement for Crossfield #1 and authorize the Mayor to sign and City Clerk to attest 2) Streetlight Agreement for Crossfield #2 by Heron River Development LLC . Typical Streetlight Agreement. Recommended Council Action: Approve the Streetlight Agreement for Crossfield #2 and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. City of Meridian Public Works Dept. • Page 1 STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF MERIDIAN and Heron River Development LLC, pertaining to the street lights in Crossfield Subdivision #2, a residential development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Heron River Development LLC has provided 5 street light poles, concrete pole bases, fixtures, bulbs, and components to the residential development known as Crossfield Subdivision #2 in Meridian, Idaho. The parties acknowledge that the 5 street light poles and appurtenances were specially ordered items, not customarily used in residential developments in Meridian, Idaho. 2. Heron River Development LLC, or it's assigns, agree to replace, repair and provide any required maintenance of any of the above mentioned street lights, and/or appurtenances thereof, that may hereafter be broken, damaged, or deteriorated, or require maintenance, at its own expense; and it is further agreed that , or its heirs, successors and assigns, shall keep the lights operational at all times, it being understood by the City that bulbs, and/or ballast, do bum out and that the City will allow reasonable time to replace them. 3. It is agreed that the City of Meridian authorize and pay for the .electrical service to be supplied to the 5 street lights located in Crossfield Subdivision #2 in the usual and customary manner. 4. It is agreed that the City of Meridian, because Idaho Power Company will not maintain the bulbs and ballast or provide any maintenance, will enter into a Schedule 40 Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in proper cases provide that Idaho Power Company would provide maintenance, bulbs, and ballast. It is also agreed that lighting served under the Schedule 40 Agreement must be controlled by a photo electric device of the "fail off' type. 5. It is understood and agreed that Heron River Development LLC will assign its rights and obligations hereunder to Crossfield Subdivision H.O.A. when said Homeowners Association is formed and operational. STREET LIGHT AGREEMENT Page 1 This AGREEMENT shall be binding on Heron River Development LLC. its heirs, successors and assigns, and the CITY OF MERIDIAN. Dated this day of , 20 CITY OF MERIDIAN, a municipality and Political subdivision of the State of Idaho By Mayor DeWeerd. ATTEST: William G. Berg, Jr., City Clerk Heron River Development LLC By R. Craig Groves Its: Manager STREET LIGHT AGREEMENT Page 2 STATE OF IDAHO, ) . ss. County of Ada, ) • On this _ day of 20 ,before me, the undersigned, a Notary Public in and for said State, personally. appeared Mayor DEWEERD, and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY OF MERIDIAN, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ' SEAL NOTARY PUBLIC FOR IDAHO RESIDING AT MY COMMISSION EXPIRES STATE OF ,) County of ,) . ss. On this ~ day of 20~, bef a e, the un rsi ed a Notary Public in and for said State, personally appeared ~. and _ known to me to be the resi nt and ecretary of Packard Estates LLC, and who executed the within instrument on be f of said corporation, and acknowledged to me that said corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. !'~ d#RC~'~.~,,. SEAL 4t ~pR A!Y ~• • G PU'~~', ~O•, STREET LIGHT AGREEMENT Page 3 November 9, 2006 MERIDIAN CITY COUNCIL MEETING November 14, 2006 AZ 06-009 APPLICANT Centennial Development, LLC ITEM NO. 6-E REQUEST Development Agreement -- Request for Annexation and Zoning of 19.57 acres from RUT to R-8 zone for Cedarcreek Subdivision -- 470 West McMillan Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See alfached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: ~---~'i.P~ ~-~~~ ~ Date: ~ Phone: ~" ,s~•- ~ ~l "`~ Emailed: ~'h ~~~ ~,~., ~~~.~fs~ -Sta Ini gals: Materials presented at public meetings shall become property of the Clty of Meridian. u September 29, 2006 AZ 06-009 MERIDIAN CITY COUNCIL MEETING October 3, 2006 APPLICANT Centennial Development, LLC ITEM NO. S-L REQUEST Development Agreement -Request for Annexation and Zoning of 19.57 acres from RUT to R-8 zones for Cedarcreek Subdivision - 470 West McMillan Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Dedelapment Agreement Contacted: ~ Date: b ~ 6~ Phone: ~.3~~ 3 ~l ~' Emailed: ~ ~,~~~ Q~ I ~.n 0~ ~~a,~-~m,1~-S ~3taff Initials: Materials presented at pubic rn®etings strap become properly of fhe City of Meridian. ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 45 BOISE IDAH011121I08 08:2,9 AM DEPUTY Bonnie Oberbillig III IIIIIIIIIIIIIIIIIIIIIIIIIIII~I I III RECORDED-REQUEST OF 1~61535~~ Meridian City DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Liberty Development, Owner 3. Centennial Development, LLC, Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this 27'r= day of fig.. G--d..~ 2006, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called "CITY", Centennial Development, LLC, whose address is 36 E. Pine Street, Meridian, Idaho 83642, hereinafter called "DEVELOPER", and Liberty Development, LLC, whose address is 36 E. Pine Street, Meridian, Idaho 83642, hereinafter called "OWNER". RECITALS: 1.1 WHEREAS, "Owner" 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, hereinafter referred to as the "Property"; and 1.2 WHEREAS, I.C. § 67-651 lA, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the "Developer" and/or "Owner" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of the Meridian Unified Development Code, which authorizes development agreements upon the annexation and/or re- zoning of land; and 1.4 WHEREAS, "Developer" has submitted an application for annexation and zoning of the "Property's" described in Exhibit A, and has requested a designation of (R-8) Medium Density Residential District, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Developer" and/or "Owner" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the DEVELOPMENT AGREEMENT (AZ 06-009) CEDARCREEK SUBDIVISION PAGE 1 OF 11 • subject "Property" will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 8~' day of August, 2006, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the Findings require the "Developer" andJor "Owner" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "DEVELOPER" and/or "OWNER" deem it to be in their best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at their urging and requests; and 1.10 WHEREAS, "City" requires the "Developer" and/or "Owner" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re- zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. DEVELOPMENT AGREEMENT (AZ 06-009) CEDARCREEK SUBDIVISION PAGE 2 OF 11 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "DEVELOPER": means and refers to Centennial Development, LLC, whose address is 36 E. Pine Street, Meridian, Idaho 83642, the parry developing said "Property" and shall include any subsequent developer(s) of the "Property'. 3.3 `OWNER": means and refers to Dalice Chester, whose address is 470 W. McMillan Road, Meridian, Idaho 83642, the party that owns said "Property' and shall include any subsequent owner(s) of the "Property". 3.4 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be annexed and zoned R-8 (Medium Density Residential District) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY TffiS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code Section 11 which are herein specified as follows: Construction and development of a residential subdivision with 85 single family residential building lots and l2 other lots in a proposed R-8 zone pertinent to this AZ 0(x009 application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: DEVELOPMENT AGREEMENT (AZ 06-009) CEDARCREEK SUBDIVISION PAGE 3 OF 11 5.1. "Developer" and/or "Owner" shall develop the "Property" in accordance with the following special conditions: 5.1.1 That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 5.1.2 That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of the development. 5.1.3 That the applicant be responsible for all costs associated with the sewer and water service extension. 5.1.4 That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 5.1.5 That prior to annexation, the applicant agrees to record a property boundary adjustment to include the 50' strip of land to the southwest with the neighboring outparcel. This piece shall not be included in annexation or development of Cedarcreek Subdivision. 5.1.6 That prior to issuance of any building permit, the subject property shall be subdivided in accordance with the City of Meridian Unified Development Code. 5.1.7 That the applicant agrees to provide a sidewalk to cross the outparcel which will connect Paramount South 60 Subdivision with Cedarcreek Subdivision. The location of the sidewalk is to be determined by ACHD and the neighbors, Carl and Bonnie Reiderman. 6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Developer" and/or "Owner" or "Developers" and/or "Owners" heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of Subject Property" of this agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof. DEVELOPMENT AGREEMENT (AZ 06-009) CEDARCREEK SUBDIVISION PAGE 4 OF 11 • 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Developer" and/or "Owner" consents upon default to the reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: 7.1 That the "City" provide written notice of any failure to comply with this Agreement to "Developer" and/or "Owner and if the "Developer" and/or "Owner" fails to cure such failure within six (6) months of such notice. 8. INSPECTION: "Developer" and/or "Owner" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 9. DEFAULT: 9.1 In the event "Developer" and/or "Owner", or "Developer's" and/or "Owner's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by "City" of any default by "Developer" and/or "Owner" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Developer's" and/or "Owner's" cost, and submit proof of such recording to "Developer" and/or "Owner", prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the "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. DEVELOPMENT AGREEMENT (AZ 06-009) CEDARCREEK SUBDIVISION PAGE 5 OF 11 • 11. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Developer" and/or "Owner", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Developer" and/or "Owner" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (3 0) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either "Developer" and/or "Owner" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code, to insure that installation of the improvements, which the "Developer" and/or "Owner" agree to provide, if required by the "City". 14. CERTIFICATE OF OCCUPANCY: The "Developer" and/or "Owner" agree that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Developer" and/or "Owner" has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 15. ABIDE BY ALL CITY ORDINANCES: That "Developer" and/or "Owner" agree to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the DEVELOPMENT AGREEMENT (AZ 06-009) CEDARCREEK SUBDIVISION PAGE 6 OF 11 • • conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 OWNER: Liberty Development, LLC 36 E. Pine Street Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 DEVELOPER: Centennial Development, LLC 36 E. Pine Street Meridian, ID 83642 16.1 A party shall have the right to change its address by delivering to the other parry a written notification thereof in accordance with the requirements of this section. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall DEVELOPMENT AGREEMENT (AZ 06-009) CEDARCREEK SUBDMSION PAGE 7 OF 11 constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the "Developer" and/or "Owner" of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Developer" and/or "Owner", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Developer" and/or "Owner" has fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Developer" andlor "Owner" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Developer" and/or "Owner" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ 06-009) CEDARCREEK SUBDIVISION PAGE 8 OF 11 • ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. CITY OF MERIDIAN `°-" BY: MAYO T de WEERD Attest: ~ `,>:" \,,'~444tu-u-tf4<<~J' ~~ ® _ CITY CLERK ~~ '; ~ r,'~'///~~11/ i4~A4~~a ifft44-i44/ DEVELOPMENT AGREEMENT (AZ 06-009) CEDARCREEK SUBDIVISION OF 11 /~-/~-O 6 ~~~~ PAGE 9 • STATE OF IDAHO, ) ss County of Ada, ) On this 1 day of ,., , ., `~ 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared a( ~~.t~F° ,known or identified to me to be the ~i ~Gt,,,~__-_~r ~ ~-~ of Centennial Development, LLC, acknowledged to me that try executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate,~st-above written. ~~~ ~~'~' y ~pTA$!' ~+ Ppe`.~G ~ ~4 ~ ~ ~~ •,.qTE OF tp..'. TATE OF IDAHO, ) '~. ss Ada, ) i~ NoI"ary blic for Idahb Residin at: ~~~,~ My Commission Expires: ~,'~- ~t7 • ~ ~ this day of 2006, before me, the undersigned, a Not ublic in and for said State, personally appeared Dalice Chester, known or identified to me d acknowledged to me that he executed the same. IN WITNESS WHE OF, I have hereunto set my hand and affixed my official seal the day and year in this certi to first above written. (SEAL) Notary Public for I~ho Residing at: My Commission Expires: DEVELOPMENT AGREEMENT (AZ 06-009) CEDARCREEK SUBDIVISION PAGE 10 OF 11 • STATE OF IDAHO ) ss County of Ada ) On this~_ day of 9JO~tc~m~ , 2006, 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. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. .=.r~, . .~ ~ . (SEAT,) e+~;o ~®; ~~` `V~~J. ; otary Public for Idaho Residing at: _~.ld ~},,,ip~ ~ D ® e Commission expires: 1{j-~'-~' ® to e ° i i DEVELOPMENT AGREEMENT (AZ 06-009) CEDARCREEK SUBDIVISION PAGE 11 OF 11 i • Parcel 1 Boundary Description Liberty Development Property A parcel located in the S'/2 of the SW'/a of the SE'/a of Section 25, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap monument marking the southwest corner of said S '/2 of the SW '/a of the S~'/a ('/a Corner), from which a 5/8 inch diameter iron pin marking the southeast corner of said S '/2 of the SW '/a of the SE'/a bears S 89°54'20" E a distance of 1340.90 feet; Thence S 89°54'20" E along the southerly boundary of said S'/2 of the SW'/a of the SE'/a a distance of 200.20 feet to a 5/8 inch diameter iron pin and the POINT OF BEGINNING; Thence leaving said southerly boundary N 0°05'40" E a distance of 320.40 feet to a 5/8 inch diameter iron pin; Thence N 894'20" W a distance of 200.20 feet to a 5/8 inch diameter iron pin on the westerly boundary of said S'/z of the SW '/a of the SE'/a; Thence N 0°05'40" E along said westerly boundary a distance of 339.64 feet to a 5/8 inch diameter iron pin marking the northwest corner of said S'/2 of the SW'/a of the SE'/a; Thence S 89°54'17" E along the northerly boundary of said S '/z of the SW '/a of the SE '/a a distance of 1339.99 feet to a 5/8 inch diameter iron pin marking the northeast corner of said S '/z of the SW '/a of the SE'/a; Thence S 0°00'55" W along the easterly boundary of said S 'h of the SW '/a of the SE '/a a distance of 660.02 feet to a 5/8 inch diameter iron pin marking the southeast corner of said S '/z of the SW '/a of the SE'/a; Thence N 89°54'20" W along the southerly boundary of said S'/z of the SW'/a of the SE'/a a distance of 1140.70 feet to the POINT OF BEGINNING. This parcel contains 18.84 acres and is subject to any easements existing or in use Clinton W. Hansen, PLS NprL ~ANo Land Solutions, PC ~o Revised -May 23, 2006 ~~ ~ T F G~PG BYE1~~ROVAL a N 11118 0 ~-5/2~/06 ~ ~~~ti~rF o F `o ~~~2 MERIDIAN PUBLIC ~N ~ • HP WORKS DEPT. Lc711~O1lIt1O~'1S Liberty DevelopmenUReiterman LLA ~~ ""° ~''"°'"° `°"°"""a Job No. 04-43 • CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF ' LAW AND DECISION & ORDER • RECEIVED AUG 0 311106 f ~t3'~ Meridaan „ erk Office .i'yL~,~1'~i~r~~ ~ ~° 4 u ~, ~ iu.~rro ~,i ~,~ 'l!t~+.tAGLTI ~ . s In the Matter of Annexation and Zoning of 19.57 acres from RUT (Ada County) to R-8 (Medium Density Residential) AND Preliminary Plat approval of 85 single-family residential building lots and 12 other lots on 19.57 acres, for Cedarcreek Subdivision, by Centennial Development, LLC. Case No(s).: AZ-06-009 and PP-06-007 For the City Council Hearing Date of: July 18, 2006 (Findings approved on August S, 2006) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 18, 2006, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 18, 2006, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 18, 2006, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 18, 2006, incorporated by reference) B. Conclusions of Lava 1. The Ciry 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, ResolutionNa.02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-009 / PP-05-007 - PAGE I of 4 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. Tt 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 Legal Description, Preliminary Plat, and the Conditions of Approval all iu the attached Staff Report for the hearing date of July 18, 2006, incorporated by reference. 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 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 adapted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated December 21, 2005, is hereby conditionally approved; 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of July 18, 2006, incorporated by reference. D. Notice of Applicable Time Limits (as applicable) 1. Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, maybe considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B- 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council maybe granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code C1TY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAw AND DECISION & ORDER CASE NO(S). AZ-06-009 / PP-OCr007 -PAGE 2 of 4 i Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed 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 maybe filed. 2. Please take notice that this is a final action of the 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 maybe adversely affected by the issuance or denial of the conditional use permit approval may withintwenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of July 18, 2006 CTI°i' OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-009 / PP-06-007 -PAGE 3 of 4 • By action of the City Council at its regular meeting held on the ~~ day of 2006. COUNCII. MEMBER SHAUN WARDLE VOTED_Z~, .~GC.- COUNCIL MEMBER JOE BORTON VOTED ~~~ COUNCII, MEMBER CHARLIE ROUNTREE VOTED_ ~G~~GQ/ COUNCIL MEMBER KEITH BIRD VOTED__~~~GR..• TIE BREAKER MAYOR TAMMY de WEERD VOTED ~~ MAYOR T~IY de WEERD ATTEST: `~~,~`~~~-~l ~ `~~11'°•. d' ~c~ r ,. ~~ J e~ ~ ~ '~ ~+~~ WILLIAM G. BERG, JR., CLERK ~~~`~'~' - y J~ .+ Copy served upon: ~ Applicant ~~''b,,~ ,I,I ''~`~`~~`~` ~~,. Planning Depar(ff~~}t,~n it+u~~` ,~% Public Works Department ~~ City Attorney By: Dated: $~,~ Q(..p Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-009 / PP-06-007 -PAGE 4 of 4 CITY OF MERIDIAN PLAN~G DEPARTMENT STAFF REPORT FOR THE~ARING DATE OF 7/18/06 STAFF REPORT Hearing Date: July 18, 2006 TO: Mayor & City Council PROM: Joe Guenther & Amanda Hess Associate City Planners Meridian Planning Department SUBJECT Cedarcreek Subdivision AZ-06-009 ,,,fin rrrv iF ~~.'" -- ~ •., err`~r'~~ ~ ~;, ~, IU.~HC) ~y~ j. Annexation of 19.57 acres from RUT to R-8 PP-06-007 $S Single-family residential lots and 12 other lots 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The request is for annexation and zoning of 19.57 acres of land that is currently zoned RUT in Ada County. The applicant is seeking an R-8 zone (Medium Density Residential District) for the entire parcel. The applicant has submitted a preliminary plat for the subject property for 85 single-family lots all with detached products, and 12 common/other lots on 19.57 acres. Amenities for the development include an open space lot with a tot lot and parkway planters adjoining the streets. 2. SUMMARY RECONIlVIENDATION: The City of Meridian Planning & Zoning Commission is recommending approval of the subject annexation and zoning (AZ-06-009-Revised), preliminary plat (PP-06-007-Revised) for the reasons listed herein and subject to the conditions of approval listed. The applicant proposes to sewer this development via extensions of mains in Paramount Subdivision and water mains in McMillan. Road. The Meridian Planning and Zoning Commission he?xd the item on March 16.2006,, and continued the vublic hearin~to Avri120 Ma 18 and June 1 2006 At the June 1 2006 meetins the Commission moved to recommend vr~said applications su ject to a Development Amt as described in Section 9a.1.S of this .Staff Report in addition to the conditions listed in Exhibit B. a. Summary of Pablic Hearings: i. In favor: Shawn Nickel (Applicant's Representative) ii. ]:n opposition: Carl Reiderman, Bonnie Reiderman, Doug Eden iii. Commenting: None iv. Staff presenting application: Joe Guenther, Caleb Hood v. Other staff commenting on application: None b. Key Issues of Discussion by Commission: i. Landscape Plan not accepted by Staff; ii. Sewer connections not available until Paramount develops; iii. Out parcel to not be included in proposed development; and iv. Sidewalk proposed to cross neighboring outparcel. c. Key Commission Changes to Staff Recommendation: i. Prior to annexation ordinance approval, the applicant shall enter into a development agreement which stipulates the following: A. The applicant agrees to record a property boundary adjustment to include the 50' strip of land to the southwest with the neighboring outparcel. This piece Cedarcreek Subdivision AZ-06-009/PP-06-0Q7 PAGE 1 CITY OF MERIDIAN PLAN~G DEPARTMirNT STAFF REPORT FOR THE~ARING DATE OF 7/18/06 shall not be included in annexation or development of Cedarcreek. Said property boundary adjustment shall be recorded prior to annexation of the remainder Cedarcreek property. B. The applicant agrees to construct a sidewalk which will cross in front of the out parcel and connect Paramount South. 60 with the development of Cedarereek Subdivision. The location of said sidewalk is to be determined by ACRD and the neighbors, Carl and Bonnie Reiderman. d. Oatstanding Issne(s) for City Council: i. None PROPOSED MOTIONS (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to approve File Number(s) AZ- 06-009/PP-06-007 as presented in the staff report for the hearing date of July 18, 2006, and the preliminary plat labeled C-1, dated December 21, 2005, with the following modifications to the conditions of approval: (add any proposed modifications). Denial After considering all staff applicant and public testimony, I move to deny File Number(s) AZ-06- 009/PP-06-007 as presented during the hearing on July 18, 2006, for the following reasons: (you should state specific reasons for denial of the annexation or plat.) Continuance After considering all staff, applicant and public testimony, I move to continue File Number(s) AZ-06-009/PP-06-007 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance.) 3. APPLICATION AND PROPERTY FACTS a. Site Address/Location: N central location off of McMillan Road and '/a mile west of Meridian Road S1/2 of the SW114 of the SW'/e of 4N1W25 b. Owner Dalice Chester 470 W. McMillan Rd Meridian, Idaho 836x2 c. Applicant: Centennial Development, LLC 36 E. Pine Street Meridian, Idaho 83642 Agent: Shawn Nickel Land Consultants Inc. 52 N. 2nd street Eagle, Idaho, 83616 d. Representative: Shawn Nickel, Land Consultants, Inc e. Present Zoning: COUNTY- RUT f. Present Comprehensive Plan Designation: Medium Density Residential- North Meridian Comprehensive Plan Amendment g. Description of Applicant's Request: CedarCreek Subdivision AZ-06-009/PP•o6-007 PAGE 2 CITY OF MERIDIAN PLANN~G DEPARTMENT STAFF REPORT FOR THE~ARING DATE OF 7!18/06 1. Date of preliminary plat (attached as Exhibit Al): December 21, 2005. 2. Date of landscape plan (attached as Exhibit AZ): January 13, 2006 h. Applicant's Statement/Justification: The proposed overall density (4.34 dwellings per acre) of the project complies with the City's designation of Medium Density Residential, which allows for residential densities which allows 3 to 8 dwellings per acre. We believe the use of the project will provide a development which will complement the surrounding land uses and will be a compatible continuation of the Paramount project north and east of the site. 4. PROCESS FACTS a. The subject application will in fact constitute an annexation and/or rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 6, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: March 13, 2006, and February 27, 2006 (far Planning 8t Zoning Commission hearing), and June 26, 2006, and July 10, 2006 (for City Council hearing) d. Radius notices mailed to properties within 300 feet on: February 22, 2006 (for Planning & Zoning Commission hearing), and June 23, 2006 (for City Council hearing) e. Applicant posted notice on site by: February 27, 2006 (for Planning & Zomimg Commission hearing), and July 10, 2006 (for City Council hearing) 5. LAND USE a. Existing Land Use(s): Agricultural b. Description of Character of Surrounding Area: Agricultural/LTrbanizing c. Adjace~ Land Use and Zoning 1. North: Paramount Subdivision, R-8 2. East: Paramount Subdivision, R-40 3. South: Cedar Springs Subdivision #4 and #5- R-8 and L-O 4. West: Agricultural Ada County RUT d. History of Previous Actions: N/A e. Existing Constraints and Opportunities 1. Public Works Location of sewer: This property is planned to sewer to future mains extended from the Paramount Subdivision to the north. Location of water: There is currently a water main in W. McMillian Road, and future connections from planned mains in Paramount. Issues or concerns: This development is not sewerable until Paramount brings sewer mains down to this development. 2. Vegetation: Agricultiual/Irtigated Cedazcreek Subdivision AZ-Ob-009/i'P-06-007 PAGE 3 CITY OF MERIDIAN PLAN~G DEPARTMENT STAFF REPORT FOR THE~ARING DATE OF 7/18!06 3. Flood plain: NA 4, Canals/Ditches Irrigation: Letup Canal Local Lateral 5. Hazards: None Identified 6. Proposed Zoning: R-8 7. Size of Property: 19.57 acres 8. Description of Use: 85 single family residential lots f. Subdivision Plat Information 1. Residential Lots: 85 Z. Non-residential Lots: 4-Future ROW lots 3. Common Lots: 8 4. Total Lots: 97 5. Gross Density: 4.34 units per acre g. Landscaping 1. Width of street buffer(s): 30 feet (25 required) on McMillan Road. 2. Width of buffer(s) between land uses: None required (a11 residential) 3. Percentage of site as useable open space: The applicant has defined 1.12 acres or 5.7% open space, Lot 18 Block 6, Lot 14 Block 2, and parkways (See section 5-h for additional analysis) 4. Other landscaping standards: The landscape architect shall certify that one tree per 8,000 square feet of lawn has been provided an the landscape plan. Lot 9, Block 1 shown as anon-buildable parcel to be retained by the developer this lot shall be landscaped with lawn or other vegetative undercover until such time as the parcel may be incorporated into a larger open space lvt or platted as a buildable lot. The existing canal on Lot 9 Block 1 shall be tiled as per UDC 11-3A-6. h. Required Open Space: The applicant is required to provide a minimum of five percent qualified open space. UDC 11-3G-3 A and B. The applicant is showing: Public Open Space Area: Lot 8 Block 3 as 36,786 sq/ft Collector Buffers; Lot 14 Block 2 - 2,700 sq/ft Lot 18 Block 6 - 2,550 sq/ft Parkway planters along streets -1.14 acres or 49,658 sq/ft total. Minus 26'x 8' x 69 = 14,352 sq/ft for 35,306 qualified sq/ft for the parkways on single-family detached, street loaded products. The total open space qualified is 77,342 sq/ft for 9.0% qualified open space. Cedarcreek Subdivision AZ-06-004/PP-06-007 PAGE 4 CITY OF MERIDIAN PLAN~G DEPARTMENT STAFF REPORT FOR TIiE~ARING DATE OF 7/18/06 i. Amenities: The applicant is required to provide one qualified amenity for single family residential subdivisions that are under 20 acres in area. The applicant is showing qualified site amenities as follows: l 1-3G-3C-1-Quality of Life Amenities -None 11-3G-3C-2 -- Recreation Amenities -children's play structures 11-3G-3C-3 - pealestrian Amenities -None Amenities shall be generally located in centrally accessible locations and all common areas shall be maintained by the Cedarcreek Homeowners Association. The applicant is proposing the tot lot as the required amenity. j. Proposed and Required Residential Standards R-8 (Standards) Setbacks (*all streets local) Proposed Required ** measured from back of sidewalk Street setback to Living Area ** 15 15 Side Accessed Garage** 15 15 Front Accessed Garage** 20 20 Side 4 4 Rear 12 12 Street frontage - With garage facing street ~0 50 With alley loaded 40 40 Lot Size -SF detached With garage facing street 5,000 5,000 Alley Loaded 4,680 4,000 Maximum Building Height 35 35 k. Proposed and Required Non-Residential Non residential lots are to be used for amenities and open space. Except the lots proposed to be retained by the developer which shall comply with the required improvements listed in this report. Lots to be retained by the developer for future right of way acquisition shall comply with all ACRD conditions of approval. 1. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Direct lot access to McMillan is to be prohibited, including Lot 9 flock 1. Access to Paramount subdivision is as proposed with connections at Seel Way, Silverspruce and Street E. A stub street with full services shall be provided to the property excluded at the south west listed as Reiterman property and shown as Ramsbrook Street. For a detailed report on the public streets and access points to public streets, please the Cedarc~ek Subdivision AZ-Ob-009/PP-06-00'7 PAGE 5 CITY OF MERIDIAN PLAN~G DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7/18/06 attached staff report from the Ada County Highway District (Exhibit C). 6. AGENCY COMMENT'S MEETING On February 24, 2006 staff held an agency comments meeting, all agencies attending provided comments as attached in Exhibit B. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 7. COMPREHENSIVE PLAN POLICIES AND GOALS The subject site is designated `Medium Density Residential' on the North Meridian Comprehensive Plan Future Land Use Map. The Council approved the North Meridian Comprehensive Plan Amendment on March 7, 2006. In Chapter VII of the Comprehensive Plan, medium density is defined as azeas including single-family homes at densities of three to eight dwelling units per acre. Staff finds that the proposed density of (4.34 d.u./acre) for the subject application conforms with the North Meridian Comprehensive purpose and intent. In the applicant's submittal letter, dated January 13, 2006 several Comprehensive Plan policies are listed (please see applicant's letter). Staff also finds the following 2002 Comprehensive Plan text policies to be applicable to this application (staff analysis is in italics below policy): • Require that development projects Dave planned for the provision of all public services (Chapter VI); Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject properties. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: • Sanitary sewer and water service will be extended to the project at the developer's expense. + The subject lands currently lie within the jurisdiction of the Meridian Rurad Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and persomeel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's O}jice. Once annexed the lands will be serviced by the Meridian Police Department (ADD). • The western roadway adjacent to the subject lands are currently owned and maintained by the Ada County Kghway District (AChID). This service will not change. • The northern roadway adjacent to the subject lands are currently owned and maintained by the Idaho Transportation Department (ITD). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Cedarcreek Subdivision AZ,06-009/PP-06.007 PAGE 6 CITY OF MERIDIAN PLAN~G DEPARTMENT STAFF REPORT FOR THE~ARING DATE OF 7/18/06 lYastewater Department, the Meridian Planning and Zoning Department, Meridian Utility Bidding Services, and Sanitary Services Company. • "Restrict curb cuts and access points on collectors and arterial streets: ' (Chapter VII, Goal IV, Objective D, Action item 2) Staff finds that McMillan Road will serve as the main access point for all the properties in this subdivision as well as a connection into the future collector road for Paramount Subdivision to the East of the site. The applicant is requesting to retain Lot 1, Block 6, Lot 9 Block S, and Lot 11 Block 1 of the design dated December 21, 2005. This lot should 8e noted on the plat that it is for future right of way reservation for when AChll7 roadway improvements occur: The width of right of way reservations shall be as set forth by ACHD • "Require appropriate landscape and buffers along transportation corridors (setbaclS vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action item 4) As depicted on the Comprehensive Plan Future Land Use Map, the applicant is proposing to construct a 30-foot wide landscape bu,~`er along McMillan Road. Staff is supportive of these widths, as long as the entire buffer lies outside the ultimate right-of-way. S See Site Specific Conditions in the Preliminary Plat section below in Exhibit C. • "Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and walking in all land use decisions:' (Chapter VI, Goal II, Objective A, #3) This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. The sidewalk connections shown on the landscape plan are disconnected by the out parcel along McMillan Road. Staff has asked the applicant to work with the owners of the out parcel to facilitate a sidewalk connection through this site as it lies very near a future school site. This would be consistent with other out parcel developments in the near vicinity (Solitude Subdivision and Amber Creek Subdivision) • Protect existing residential properties from incompatible land use development on adjacent parcels (Chapter VII, Goal 1V, Objective C, Action 1) Ald of the properties adjacent to the subject site are designated for medium density residential or neighborhood center uses on the Comprehensive Plan Future Land Use Map. • Support a variety of residential categories (low-, medium-, and high-density single family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opporhuiities (Chapter VII, Goal IV, Objective C, Action 10) The subject property is designated Medium Density Residential on the North Meridian Future Land Use Map which identifies this area as an appropriate area for medium density residential development. ?leis proposal meets the Comprehensive Plan definition of medium Cedarcreek Subdivision AZ-06-009/P'P-06-007 PAGE 7 CITY OF MERIDIAN PLANI~G DEPARTMENT STAFF RfiPORT FOR THE~ARING DATE OF 7/18/06 density, with a gross density oJ4.34 dwelling units per acre. Sta, ff has reviewed Cedarcreek Subdivision under the Medium Density Residential North Meridian Future Land Use Map designation and finds the application consistent with the comprehensive designation. Sta,~`' (ands that the proposed zoning and subsequent uses (single family homes) will be harmonious with and in accordance with the Comprehensive Plan. S. ZONING ORDINANCE a. Allowed Uses in the Residential Districts: UDC Table 11-ZA-2 lists single-family residential development uses as permitted uses in the R-8 zoning district. b. Purpose Statement of Zone: MEDIUM DENSTTY RESIDENTIAL DISTRICT (R-8) The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residenrtial districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. Residential land uses are also allowed within the O-T, TN-C, and TN R districts as set forth in Chapter 3 Article D. c. 11-3G-1: Common Open Space and Amenity Requirements The regulations of this Article aze intended to provide for common open space and site amenities in residential districts that improve the livability of residential neighborhoods, buffer the street edge, and protect natural amenities. 9. ANALYSIS 9a. Analysis of Faets Leading to Staff Recommendation 1. ANNEXATION & BONING ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed Single Family Residential products. Please see Exhibit D for detailed analysis of facts and findings. 1.1 The annexation legal description submitted with the application (stamped on January 11, 2006 by Clinton Hansen, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 1.2 Any future subdivision, uses and construction on this property shall comply with the City of Meridian ordinances in effect at the time. 1.3 That the applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within. this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic Purposes such as landscape irrigation. Cedarcr~k Subdivision AZ-06-009/PP-06-007 PAGE 8 C[TY OF MERIDIAN PLAN~G DEPARTMENT STAFF REPORT FOR THE~ARING DATE OF 7/18/06 1.4 That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 1.5 UDC 11-SB-3D2 provides the P&Z Commission and City Council the authority to require a property owner to enter into a Development Agreement with the City of Meridian that may require some written commitment for all future uses. On June 1.2006, the Planning 8t 7.0mn Cg ommis_sion recommended approval of a~nlications AZ-06-009 & PP-06-007, sgbject to a development agreement which stipulates the following_ A. Prior to annexation ordinance armroval. the applicant agrees/proposes to record a property boundary adj ent to include the 50' strip of land to the southwest with the neighboring outparcel. This piece shall not be included in annexation or development of Cedarcreek Subdivision, B. The applicant agrees to provide a sidewalk to cross the out~ucel which will connect Paramount South 60 Subdivision with Cedarcreek Subdivision. The location of the sidewallc is to be determined by ACfID and the neighbors. Carl and Bonnie Reiderman. 2. PIttELIlV1INARY PLAT SPECIAL CONSIDERATIONS 2.1 Public Streets and Access: Connectivity Paramount Subdivisions) The stub street from Paramount Subdivision shall connect from N. Seel Way and again from Street E. The subdivision is constrained by previous development in the areas east and north of the site and is bound by ACRD policies of interconnectivity. No direct access is allowed to McMillan Raad is approved outside of the point of connection permitted by ACRD. (Connectivity Out Parcel) A new stub street has been proposed to the Reiterman property in the southwest corner of the site. This stub street shall have future public service connections from Ramsbrook Street. A ley Anew alley is proposed on Lot 9 Block 4. The UDC does not allow alleys to be placed on a lot and this lot should be dedicated to ACHD as it will not meet the standards for a private street as required by UDC 11-3F. 2.2. Landscapine: Staff is generally supportive of the landscaping design with the following considerations: The 30 feet ofright-of--way landscaping on McMillan Road shall be maintained by the Home Owners Association. Cedarp~eek Subdivision AZ-06-009/PP-06-007 PAQE 9 CITY OF MERIDIAN PLAN~G DEPARTMENT STAFF REPORT FOR THE~ARING DATE OF 7/18/06 A sidewalk connection along McMillan Road shall connect to the right of way for the future Paramount collector road If Lot 14 Block 2 and Lot 18 Block 6 are not vacated then they shall be landscaped as perimeter buffers with open vision fencing to the east. The landscape plan shall show trees in the parkways compliant with UDC 11-3B-7 Prior to final plat the applicant shall submit a landscape plan depicting the required changes to the landscape plan as detailed by this report. 2.3 Tree Miti atga ion: 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 trees that aze removed. The applicant should coordinate a tree protection/mitigation plan with Elroy Huff at the Meridian Parks Department. 2.4. Ditches. Laterals, and C~sials~. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area, being subdivided shall be tiled Settlers Irrigation District has a local lateral from the Lemp Canal on this site and has commented on the proposal as showing compliance with the required improvements. 2.5 .Pressure Irrigation: The City of Meridian requires that pressurized irngation systems be supplied by a year-round source of water. The applicant should 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 will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3B-6. See Site Exhibit B below. 2.6. Fencing: The applicant is proposing to construct a minimum of a six foot tall solid fence around the perireter of the site with four-foot solid fencing along common areas. A detailed fencing plan should be submitted upon application of the final plat. Additional standards for fencing and details of fencing material shall be submitted at the time of the final plat. 1£ permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences should taper down to 3 feet maximum within 20 feet of all right-of--way. All fencing should be installed in accordance with City Code in effect at the tune the permit is issued. The applicant shall comply with all fencing standards as listed in UDC 11-3A-7. 2.7 Unimproved Ri t-of-Wad Meridian City Code requires a 10-foot wide gravel shoulder abutting right-of--way where the unimproved portion of the right-of--way is greater than 13 feet (measured from the edge of pavement to the edge of sidewalk or property line), and road widening is not in the ACHD Five Year Work Program. The remainder of the unimproved right-of--way should be landscaped with lawn or other vegetative grouudcover. McMillan Road is shown as 37' from edge of pavement to the required landscape buffer. The applicant shall construct a 10' gravel shoulder with the remaining portion of the future right-of--way lots being landscaped with lawn or other vegetative groundcover. Cedarcreek Subdivision AZ-06-o09/PP-06-Ot)7 PAGE 10 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE~ARING DATE OF 7118/06 2.8 Amenities: UDC 11-3G-3 is the qualified site amenity requirement. Amenities are to be provided as part of each plat based on number of acres per site. The proposed amenities for the subject development include: a tat lot. The proposed open space is shown to make up 9.0% of the site; if ~an additional 1 % open space is provided the applicant may is count open space as a quality of life amenity. 2.9a Common Open Space: The applicant is required to provide a minimum of five percent qualified open space. UDC 11-3G-3 A and B. The applicant is showing: Public Open Space Area: Lot S Block 3 as 36,786 sq/ft Collector Buffers: Lot 14 Block 2 - 2,700 sq/ft Lot 18 Block 6 - 2,550 sq/ft Parkway streets - 1.14 acres or 49,658 sq/ft total. Mvaus 26'x 8' x 69 = 14,352 sq/ft for 35,306 qualified sq/ft for tlae parkways on single-family detached, street loaded products. The total open space qualified is 77,342 sq/ft for 9.0% qualified open space. 2.9b Oualified Site Amenities: Quality of Life Amenity: None Provided Recreation Amenities: Tot Lot Pedestrian or bicycle circulation system amenities: None Provided. 210 Special Considerations: Lot 14 Block 2 and Lot 18 Block 6 are proposing to place the required perimeter fencing at the rear lot lines of lots in Blocks 2 and 6 along the eastern property boundary. The proposed Paramount Subdivision is showing a 20' landscape strip along a future commercia]/multifamily access street which has yet to be developed. The 10' ingress/egress easement is not anticipated to continue when the existing residences are removed. The easement will also not be allowed to take access to McMillan Road in the future and should be landscaped as per UDC 11-3F. Perimeter Sidewalk: In 2007, a middle school (Heritage Middle School) is Alarmed to open on the northeast corner of Meridian Road and McMillan Road. At past meetings, the City Council and the public have expressed concerns over the lack of sidewalks adjacent to arterial streets and how difficult it is for children to walk/bike to nearby schools. In light of these concerns, staff recommends that the applicant be required to contact the owner of the out parcel to discuss the construction a 5-foot wide detached sidewallc along their frontage of McMillan Road, prior to issuance of building permits in the first phase of the development as similarly agreed upon in Ambercreek and Solitude Subdivisions. ff the applicant offers to construct an off site improvement then the commission/council should require a development agreement for Cedarcreek subdivision with the same provisions as listed in Ambercreek Subdivision. Cedarcreelc Subdivision AZ-06-009/PP-06-007 PAGE 11 CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR TH~ARING DATE OF 7/18/06 11. EXHIBITS A. Drawings 1. Preliminary Plat (dated: December 21, 2005) 2. Landscape Plan (dated: January 13, 2006) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Settlers Irrigation District C. Legal Description (TO BE REVISED PRIOR TO ANNEXATION ORDINANCE APPROVALI D. Required Findings from Zoning Ordinance CedaYCreek Subdivision AZ-Ob-009/PP-06-007 PAGE 12 CITY OF MERipIAN PLA~G DEPARTMENT STAFF REPORT FOR THE~ARING DATE OF 7/18/06 A. Drawings 1. Preliminary Plat (dated: December 21, 2005) ~i~~ e ~ ~' s ~ 9yQ~ ~ , fc0 ._.... ~ G ~m , ~ ....... G~ ` 4 6 f~ ~y 44 & o ~ F~ .~ b b p ®.~ i 9 a 1 it p .._._.. ,~ ®,BI ~ ~I ~ l ~~ I}ll!fl~I~~N ~.1~~ Ig,~s~~;~a,~~~~ttt ;~ ~ ~ 3®rfm0•O ..rlw ';119aft~~~;1 !as ~~ r 8 ~ ~ ~~~' ~ Io ~ r~ m x;~ az ~D . w { !~ Z~c ~I3 ~a ~~~~~I. ;~ ° ''~ $$ ~ ~9y~ a ~y~ ae ~ ~ris¢wo~ r3~.'w ~ ~ ~ ~ ~ 1 t ~ il~ I' I ~~ l . ; ~. b ~$ " ~~a ~~~; ~ ~~~ a: ro @~ s $~ y ~$ o ` `~ ~ ,, ..---.~ Cedarcreek Subdivision Exhibit A Page I CITY OF MERIDIAN PLANI~G DEPARTMENT STAFF REPORT FOR THE~ARING DATE OF 7!18/06 CedarcreEk Subdivision Exhibit A Page 2 2. Landscape Plan (dated: January 13, 2006) CITY OF MERIDIAN PLAN~G DEPARTMENT STAFF REPORT FOR TIdE~ARING DATE OF 7/18/06 B. Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQUIltEMENTS-PRELIlV~TARY PLAT 1.1.1 The preliminary plat labeled as C-1 prepared by Bailey Engineering, dated December 21, 2005, is approved, with the required amendments and conditions listed herein. All comments/conditions of the accompanying Annexation/Zoning (AZ-06-009-Revised) shall also be considered conditions of the Preliminary Plat (PP-06-007-Revised). Tk-e applicant shall be required to enter into a Development Agreement for this propert~(see Staff Re,~ort for DA provisions). 1.1.2 The applicant shall construct a 30-foot landscape buffer along McMillan Road, the sidewalks within these buffers shall be placed as to line up with existing buffers in neighboring subdivisions. 1.1.3 The Plat shall be revised to show Lot 9 Block 4 as a public alley. 1.1.4 That the applicant shall certify that Lots 7, 8 and 12 of Block 1 have the required 30 feet of frontage as required by UDC 11-2A. 1.1.5 The applicant shall comply with the requirements of no direct lot access for any lots adjacent to McMillan Road as required by ACRD. 1.1.6 That portion of the detached sidewalk which lies outside of the right-of--way shall be contained in an easement which dedicates pedestrian cross-access and is in favor of the Ada County Tlighway District, and said easement shall be depicted on the final plat or an instrument number referenced in a plat note. 1.1.7 A landscape plan shall be submitted prior to final plat showing the landscaping in relation to the changes required by this report. The landscape plan shall be modified to reflect the conditions contained in this report and the revised preliminary plat and shall be submitted with the final plat application. 1.1.8 A detailed fencing plan in accordance to UDC 11-3A 7 shall be submitted with the final plat. 1.1.9 The submitted landscape plan prepared by Bailey Engineering, dated January 13, 2006 is not approved. The following should be included in a revised landscape plan: • Lot 1 Block 6, Lot 9 Block 5 and Lot 11 Block 1 shown as future rights of way on shall be landscaped with lawn ar other vegetative undercover until such time as ACRD has acquired the property for future roadway improvements. • The applicant shall show a sidewalk in Lot 11 Block 1. • The applicant shall provide perimeter landscaping in Lot 14 Block 2 and Lot 18 Block 6. If the ingress/egress easement is to be used to buffer the future collector roadway in Paramount Subdivision • All parkway landscaping shall be consistent with UDC 11-3B-7 • Where the Bisby/Harrell Laterals are to be covered; all vegetation shall be installed as required by the UDC 11-3B. If the Settlers Irrigation District restricts the type and quantity Extubit B Page 1 CITY OF MERIDIAN PLAN~G DEPARTMENT STAFF REPORT FOR THE~ARING DATE OF 7/18/06 of vegetation, the landscape buffers shall be increased as to accommodate the plan as approved or the applicant may apply for alternative compliance. • The applicant shall certify that one tree per 8,000 square feet of lawn has been provided. • All parkway trees shall be Class II trees. • A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to City Council signature of the Final Plat. All standards of installation shall apply as listed in UDC 11-3B- 14. Other than the changes listed above, the approved landscape plan is not to be altered without prior written approval of the Planning Department. 1.1.10 All road drainage shall be contained on site in the drainage swales/areas as depict. 1.1.11 Maintenance of all common areas shall be the responsibility of the Cedarcreek Subdivision Homeowners' Association. 1.1.12 Other than the public street access approved by ACHD, direct lot access to McMillan Road is prohibited. A note shall be placed on the final plat restricting access to McMillan Road 1.1.13 Construct all alleys to comply with ACHD's requirements for public alleys. All alleys shall contain at least 20 feet of pavement within a 24-foot right-of-way, as proposed, and include 28- foot inside and 48-foot outside turn radii where the alleys intersect the public streets. 1.1.14 The planter strip between the curb and the near edge of the sidewalk along all the internal streets with four-foot wide detached sidewalks shall be a minimum of eight-feet wide and include Class II trees. 1.2 GENERAL REQUIRIIVIIIVTS-P>ZF.i.iMiNARY PLAT 1.2.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.2.2 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3A-18 and shall be fully vegetated with grass and trees. Saud, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the storniwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11.3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 1.2.3 The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed amund the perimeter prior to issuance of a building permit. All fencing should be installed in accordance with City Code. Exhibit B Page 2 CITY OF MERIDIAN PLANN~G DEPARTMENT STAFF REPORT FOR THE~AR[NG DATE OF 7/1 S/06 1.2.4 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 trees that have to be mitigated. 1.2.5 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lyiag adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6, unless otherwise approved by Settlers Irrigation District. Plans will need to be approved by the appropriate irrigationldrainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Fublic Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.2.6 Staff s failure to cite specific ordinance provisions or terms of the approved annexation/plat does not relieve the applicant of responsibility for compliance. 1.2.7 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B. Z. Public Works Department 2.1 Sanitary sewer service to this development is being proposed via extension of mains planned in Paramount Subdivision. The mains will be extended on the developer's timeline and the City of Meridian does not guarantee sewer service in the timelines outlined in the UDC. 2.2 The applicant shall install mains to and through this proposed development; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.3 Water service to this site is being proposed via extension of mains in W. McMillian Road and future mains in Paramount Subdivision to the north. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works, and execute standard forms of easements for any mains that are required to provide service. 2.4 The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. If it is to be owned and maintained by an Irrigation District then evidence of a license agreement shall be submitted prior to scheduling of apre-construction meeting. 2.5 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. ff a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.6 If there is going to be a pressurized irrigation pump station of this property it must be located in a common lot, and cannot encroach into any required landscape buffers. Exhibit B Page 3 CITY OF MERIDIAN PLAN~G DEPARTMENT STAFF REPORT FOR THE~ARING DATE OF 7/18/06 2.7 prior to signature on the final plat vacate the ingress/egress easement shown on the preliminary plat. 2.8 All existing structures shall be removed prior to signature on the final plat by the City Engineer. 2.9 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.10 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1~ and 9-4-8. Wells may be used for non domestic purposes such as landscape irrigation. 2.11 'The applicant has not indicated how the storm drainage from the proposed private alley will be disposed. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all improved surfaces. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.12 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the 1?final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.13 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.14 All development improvements, including but not limited to sewer, fencing, micro paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. Z.15 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 2.16 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.17 Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe required by the Environmental Protection Agency. 2.18 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.19 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.20 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.21 The engineer shall be required to certify that the sgeet centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least l -foot above. Exhibit 13 Page 4 CITY OF MERIDIAN PI.AN~G DEPARTMENT STAFF REPORT FOR THE~ARING DATE OF 7/18/06 2.22 One hundred watt, high pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections andlor 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 permit from the Public Works Department prior to commencing installations. 3. Fire Department 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 One and two family dwellings will require afire-flow of 1,000 gallons per minute available for duration of 2 houxs to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. Intemational Fire Code Appendix C. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %" outlet face the main street ar 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 corners when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 3.4 Entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 3.5 All common driveways shall be straight or have a turning radius of 28' inside and 4$' outside and shall have a clear driving surface which is 20' wide. 3.6 Provide a 20-foot wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D103.6 Signs. Lot 9 Black 4. 3.7 Operational fire hydrants, temporary or permanent street signs and access roads with am all weather surface are required before combustible construction is brought on site. 3.8 Building setbacks shall be per the International Building Code for one and two story construction. 3.9 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. 3.10 The proposed 85-lot subdivision with an estimated 2.9 residenrts per household would have a total estimated population of 247 residents at build out. 3.11 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. Exhibit B Page 5 CITY OF MERIUfAN PLAN~G [)EPARTMENT STAFF REPORT FOR THE~ARING DATE OF 7/18/06 3.12 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 apparatus access road, as measured by an approved route azound 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). For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). For buildings equipped throughout with an approved automatic sprinkler system installed in acxordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4. Police Department 4.1 Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 4.2 Lots 9+10 of Block 1 create residences that will be isolated from their surrounding neighbors. Such areas have an increased crime potential. Prior to the next public hearing, the applicant shall work with the Police Chief and/or Planning Staff to revise the plat/site plan such that the houses/dwelling units in the general area are oriented toward one another and encourage interaction between more neighbors. The plat/site plan shall be revised in accord with those discussions. 4.3 The proposed development and/or plat do not offer natural surveillance opportunities of the public areas. Prior to the next public hearing, the applicant shall meet with the Police Chief and/or Planning Staff to discuss features that increase visibility, including but not limited to: doors and windows that look out on the public areas, front porches, and adequate nighttime lighting. The site plan and/or landscaping plan shall be revised in accord with those discussions. 5. Parks Department S.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 5.2 Standard Plan. for Protection of Existing Trees during Construction: The standazd established in the City of Meridian Landscape Ordinance ([TDC 11-3B-10) will be followed. 6. Sanitary Service Company 6.1 SSC will not provide trash pick-up services utilizing the common driveway. The developer shall install a concrete pad at the end of the common drive no more than five (5) feet behind the sidewalk. The pad shall be of sufficient area to accommodate the receptacles of the residences that take access from the common driveway. 6.2 Please contact Hill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. 7. Ada County Highway District Site Speck Conditions of Approval 7.1 The applicant shall do one of the following: Exhibit $ Page 6 CITY OF MERIDIAN PLAG DEPARTMENT STAFF REPORT FOR TIIARING DATE OF 7/18/06 a. Dedicate a total of 35-feet ofright-of--way along McMillan Road, and construct a minimum 5- foot wide concrete sidewalk along McMillan Road, located a minim3;m of 38-feet from centerline within an easement. b. Dedicate a total of 45-feet of right-of--way from the centerline of McMillan Road abutting the parcel by means of a warranty deed and locate the sidewalk a minimum of 38-feet from centerline within the right-of--way. Note: Any right-of--way dedicated with this application along McMillan Road will be purchased by the District with Corridor Preservation funds. 7.2 Construct the internal streets as 34 -foot street sections (with local fire department approval) with curb, gutter, 4-foot detached concrete sidewalks, and 8-foot planter strips, as proposed. 7.3 Provide sufficient pavement width on the site entrance roadway intersection (N. Summit Way, intersecting McMillan Road) to accommodate simultaneous left and right turn movements. This may require 24-feet of pavement on the west side of the island to allow for two exit lanes. The design and construction of the island should be coordinated with the ACHD Traffic Department and Development Review. 7.4 Provide 21-foot street sections on each side of the proposed center island. Any proposed landscape islands/medians within the public right-of--way dedicated by this plat shall be awned and maintained by a homeowners association. Notes of this are required on the final plat. The design should be reviewed and approved by ACHD's Development staff. 7.5 Construct stub streets to the surrounding properties as identified below. Install a sign at the terminus of each roadway stating, "THIS ROAD WILL. BE EXTENDED IN THE FUTURE." Stub street to the west, Ramsbrook Street, located 405-feet west of N. Summit Way (measured centerline to property line). This stub street will provide access to the adjacent parcel. Stub street to the east, Street E, located 145-feet east of N. Newsham Way (measured centerline to property line). This stub street should align as an entrance to the Paramount Subdivision. The stub to the north, N. Seel Way, is proposed to be located 135-feet north of W. Archerfield Street (measured centerline to property line). This stub street should align as an entrance to the Paramount Subdivision. 7.6 Construct one roadway, N. Summit Avenue, to intersect McMillan Road approximately 725-feet west of the east property line in alignment with the existing street to the south, as proposed. 7.7 Submit a Road Trust deposit to the District for $1,000 for sidewalk abutting McMillan Road along the 50-foot strip at the west property line 7.8 Other than the access specifically approved with this application, direct lot access is prohibited to McMillan Road and shall be noted on the final plat. 7.9 Comply with all Standard Conditions of Approval. Standard Conditions of Approval Exhibit B Page 7 CITY OF MERIDIAN PLAN~(3 DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7/18/06 7.10 Any existing irrigation facilities shall be relocated outside of the right-of--way. 7.11 Private sewer or water systems are prohibited from being located within any ACRD roadway or right-of--way. 7.12 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.13 Replace any existing damaged curb, gutter and sidewallc and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file cumber) for details. 7.14 Comply with the District's Tree Planter Width Interim Policy. 7.15 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. 7.1b All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWG 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. 7.17 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.18 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. 7.19 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also lmown as Ada County Highway District Road Impact Fee Ordinance. 7.20 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 DIGLIlVE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.21 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 confirmation of any change from the Ada County Highway District. 7.22 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 ixr force at the time the applicant or its successors in irrterest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said r~uirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Exhibit B Page 8 CTTY OF MERIDIAN PLAN~G DEPARTMENT STAFF REPORT FOR THET{EARTNC DATE OF 7/18/06 8. Settlers' Irrigation District 8.1 All irrigation/draina$a facilities along with their easements must be protected and continue to function. The facilities involved are Bisby Lateral (20' easement), Harrell Lateral #12 (20' easement). Contact SID for additional requirements. 8.2 A Land Use Change Application must be on file prior to any approvals. 8.3 A license agreement MUST be signed and recorded prior to construction of auy SID facilities, or within its easements. 8.4 Any Change to the existing irrigation system such as relocation, water delivery, tiling, and landscaping must be approved by Settlers Irrigation District's Board of Directors. 8.5 All storm drainage must be retained on-site. 8.6 The development must supply pressure irrigation access to all lots within the above-mentioned subdivision from the current delivery point, If the developer wishes to have SID own, operate, and maintain the pressure irrigation system an agreement must be in place prior to the pre- constructionmeeting. Exhibit B Page 9 CITY OF MERIDIAN PI,ANNINIr DEPARTMENT STAFF REPORT FOR TLiE H~C1NG DATE OF 7/I8/06 Exhibit C. Legal. Description PTO BE REVISED)ED PRIUR TO ORDWANCE APPROVAI.I L~ntion Cedarcreek Subdivlzian - Annexadort RUT to R8 Zon+ed A parcel located in the S '/x of the SW '/s of the SE '/. of Section 25, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as faUows; BE(~iNN{NG at a brass cap monument marking the southwest comer of said $'/~ of the SW '/a of the SE Va ('/a wrner}, from which 5/8 inch diameter iron pin martcing the Southeast Comer Of said S'/2 of the SW'!a Of the SE'/a bears S 89°54'20" E a distance of 1340.90 feet; Thence N 0'05`40" E along the westerly boundary of said S'k of the SW '/.c of the 8E'/a a distance of 660.04 feet to a 5l$ inch diameter iron pin marking the northwest comer of said S'/z of the SW'/a of the SE'/a; Thence S 89`54'17'° E along the northerly boundary of said 3'h of the SW '/a of the SE '/a s distance of i 339.99 feat to a 5J8 inch diameter iron pin marking the rrortheast comer of saki S'/a of the SW '/a of the 3E t/a; Thence S 0°00'55" W along the easberry boundary of said S'/a at the SW '/a of the SE'/a a distance of 660A2 feet to the sarttteaet comer of said S'/Q of the SW'/. of the SE'/a; Thence N 88 °54 20" W alor~ the sot>ttr~ly boundary of saki S'/a of the StN '/a~ of the. SE 'la a distance of f 340.90 feet to the POIM' t7F BEtfINN[NG. Excepting therefrom the foltawing clesrx~ed parcel; Commencing at a brass cap monument marking the southwest corner of said S '~ of the SW '/a of the SE '/a ('/e comer), from which 5/8 inch diameter iron pin marking the southeast comer of said S b5 of the SW'/. of the SE'/a bears S 89°54`20" E a distance of 1340.80 feet; Thence S $9°54`20° E along the southerly boundary of said S L'a of the 5W '/. of the SE'/a a t~stance of 50.20 feet to a point; Thence leaving said southerly boundary N 0°05'40" E a distance of 30.00 feet to a 5/8 tnch diameter iron pin and the POINT OF t3EQINNING; Thence continuing N 0°05'40" E a distance of 290.40 feet to a 5B inch diameter iron pin; Thence S 89°54'20" E a of 150.00 feet io a 5!8 inch diameter iron tom; ~.ar~d~Solt~+ti+t>~~ ~,,.,..-• wr n~,gw.r rM,a~.s Cedarcreek Sutxiivision ,bb N4.04-43 Exhibit C Page 1 CITY OF MERIDIAN PLAN~G bEPARTMENT STAFF REPORT FOR THE~EARING DATE OF 7/1$/06 Thence S 0^05'40° W a distance of 290,40 feet to a 5/8 inch diameter iron pin; Thence N $9°54'20° W abng a Una 30.00 feet -wrth of and parallel to the southerly boundary oP said S 'h of the 5W '/~ of the SE '/. a distance of 150.00 feet to the P'OIP1T OR t3teQINNINt3. This parcel contains 19.31 acres and Is subject to any easertrents existing or In use. CUnton W. Hansen. PLS Land Sohdiona, pC January i t, 2008 ~ p pPPR t. ~ F,r.. . 8Y ~wa~~os~ c ~~~~ Cedarareak Subdivision Job N0. 04-43 Exhibit C Page 2 CITY OF MERIDIAN PLA~C DEPARTMENT STAFF REPORT FOR TH~ARING DATE OF 7/18/06 ~°~~~~ ~~ c~~yr ~;~~~~ ~~~~ I~~~~a a @ aj ~' Q i~1~ ~ ,~. i ~ ~4 ~~~ 09 4T ~~~ C ~~ 4' 1 ~~ ~~# §l§^]~^]~~ 1 ~ u ' aa F~ ~~ ~~ 1 I r ( ~ 3 1 ~~ I ~~ t~ Q ~ ~~~ ~ ~I ~ ~ ~ ~6 ~ ~ ; i ~ ! '~ i t {~ i~ 8 gg ~ •~ e Qi~ ~ ~ I ~ c.. ~ I a' ~' ~ '~ I ,I ~ e ~~ a' ~ ~ <., . ~, I tf ~ ' f ! ~ ~ ! I ~~ ~' ~, f I ~ t a =! ~~~ ~~. ~' ~'s ' ° a ~5t° ~~~~ ~~~~~ $~ ~ ~ ~,~ ~~~q~ ~~~$ ~~~~~~ +~ _ ~r " a traer po °~~~ ~o I< ~ ~~ ~~ 9 Ig P4 i~ i~ d I ~~ I ~~ ~~ I ~~, ~_ ~,~ ~~~~~~~ °E@II ~£a~~ ~~ r a g d m 0 0 Extu'bit C Page 3 CITY OF MERIDIAN PLAN~G DEPARTMENT STAFF REPORT FOR THE~ARTNG DATE OF 7/18106 EXHIBIT D: Required Findings from Zoning Ordinance Annexation Findings: UDC 11-SB-3E Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. im order to grant an annexation andlor rezone, the Council shall make the following 1ndings: A. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone the subject property to R-8 Medium tensity Residential District. Council finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan. 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. Council finds that the requested residential zoning designation, R-8, is harmonious with and in accordance with the 2005 North Meridian Comprehensive Plan amendment and Future Land Use Map, which designates the SW corner of the SW comer 825 4N 1W at McMillan and Meridian Roads to be medium density residential. The density 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 these low density areas with a request for a `step up' in density. Council finds that the proposed zoning is in general conformance with the comprehensive plan (please see Section 8 of the Staff Report for detailed analysis of specific comprehensive plan action items that apply to this development). B. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Concurrent with the annexation and zoning application, the applicant has submitted a preliminary plat that proposes single-family detaches residential products on the subject site (PP-06-007- dated December 21, 2005). Council does not anticipate that the applicant plans to rezone the subject property in the future if the accompanying PP applicakion is approved. Council finds that the single-family homes would be allowed (pitted) within the requested R-8 district. The entire site is being proposed as residential; and upon build-out, Council would not anticipate changes of usage for this site. C. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The applicant has not submitted elevations for the proposed units which are anticipated to be designed and constructed to meet similar archit~ture to the single family detached residences of the near vicinity. Council believes that the design of these single family attached dwelling units will be compatible with the adjoining uses and transitional in nature to anticipated lower density uses north of the site in the Paramount development and the adjacent subdivisions also in the medium density comprehensive designations. Council finds that the proposed development will change the existing character of the area, which is still largely rural. However, the proposed development is generally harmonious with the intended character envisioned by the Comprehensive Plan. Council does not find that the proposed zoning/uses will be detrimental to the public health, safety, or welfare. Further, Council does not anticipate that the proposed uses will be hazardous as long as the applicant complies with the conditions contained in Exhibit B and all City Code provisions. The Council should rely on any oral or written testimony that may be provided when determining this Exhibit E Page 1 CITY OF MERIDIAN PLANG DEPARTMENT STAFF REPORT FOR THE~ARINCI DATE OF 7/18/06 finding. D. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, There have been no recent street improvements in the area. The abutting roadway McMillan Road is not in ACHD's Five Year Work Program or CIP (20-year plan) for road widening. The subject property is generally surrounded by rural residential acreages. Council does not find that there has been a change in the area that dictates that this property should be rezoned. Council should rely on staff s analysis, public testimony received, and any comments submitted from any other agencies or departments regarding whether this property should be annexed. Other urban services, such as water, are near to this site and the applicant should be able to extend such services to the site. Council finds that the subject site is proposed for development in a fashion similar to other properties in the area. The applicant and/or future property owners will be required to pay park and highway impact fees. ACRD has submitted a staff report with site specific and standard conditions as attached in Exhibit B7. On February 24, 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, staff finds that except for sanitary sewer, the public services listed above can be made available to accommodate the proposed development. Council should reference any written and/or verbal testimony submitted by any public service provider, regarding their ability to adequately service this project. Council does not find that there has been a change in the area that dictates that this property should be rezoned. Council should rely on staffs analysis, public testimony received and any comments submitted from any other agencies or departments regarding whether this property should be annexed. Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. E. The annexation is in the best of interest of the City (LTDC 11-5D-3.E). e to the sidential nature f th ' ini the ro'ect's confo a to the Unified laevelonment Code, and the applicant's agreement to abide by the conditions of_pproval contained in this staff report, Council finds that the annexation and zoning o~this property to R 8 would be in the best interest of the City 2. Preliminary Plat Findings: In determining the acceptance of a proposed subdivision, Council shall consider the objectives of this Title and at least the following: A. The plat is in conformance with the Comprehettslve Plan; Please see Annexation Findings Item A above. B. Public services are available or can be made available and are adequate accommodate the proposed development; Please see Annexation Findings Items C and D above Exhibit E Page 2 CITY pF MERIDIAN PLAT~p DEPARTMENT STAFF REPORT FOR TH~ARING DATE OF 7/18/06 C. The plat is in conformance with scheduled public improveme~ats in accord the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, the subdivision will not require the expenditure of capital improvement funds. D. There is public financial capability of supporting services for the proposed development; Please see Exlu'bit.B for comments and conditions from other agencies and departments. E. The development will not be detrimental to the public heath, safety or general welfare; and Council is not aware of any health, safety or general welfare problems associated with the development of this subdivision that should be brought to the Council's attention. ACbID considers road safety issues in their analysis. Council should reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. F. The development preserves significant nataral, scenic or historic features. Council is not aware of any natural, scenic or historic features which require preservation. The applicant will be required to improve all waterways on this site. Exhibit E Page 3 November 9, 2006 MERIDIAN CITY COUNCIL MEETING i November 14, 2006 APPLICANT ITEM NO. 6-~ REQUEST Agreement for Donation of Real Property for Bainbridge Park with Brighton investments, LLC AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See aftached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: , / CITY PARKS DEPT: f ~"' MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Merldlan. • ADA COUNTY RECORDER ~VID NAVARRO AMOUNT .00 11 BOISE IDAHO 11130106 01 M DEPUTY Vick) Allen III IIII IIIIIIII!I IIIIIIIIIIIIII'll III RECORDED-REQUEST OF 14~b 1 ~? 191 City of Meridian This sheet has been added to the document to accommodate recording information. Agreement for Donation of Real Property for Bainbridge Park by Brighton Investments, LLC. Approved by City Council November 14, 2006. • AGREEMENT F4R DONATIQN QF REAL PROPERTY tBainbridge Park) This agreement entered into thisl~ day of N4yembc-~! 20a6, between the City of Meridian {City) and Brighton Investments, LLC, an Idaho limited liability company {Brighton}. RECITALS Brighton desires to make a donation to the City and the City desires #o accept a donation from Brighton on the following terms, covenants and agreements herein contained to be kept and performed by the parties. The parties do hereby agree as follows: 1. Descrip#ion of Site. Brighton agrees to execute and deliver to the City, and the City covenants and agrees to accept from Brighton, a Deed ofi Gift for a parcel of real property (the "Site") consisting of approxima#ely 7.5 acres of land, more ar less, which is described on Exhibit A attached hereto and made a part by reference. The Site wi11 be platted as Lot 1, Block 8 of the Bainbridge Subdivision ("Plat"), as generally shown on the plat attached hereto as Exhibit B and made a part by reference. If the Plat has not been recorded prior to the recordation of the Deed of Gift for the Site, Brighton agrees to convey the Site by the me#es and bounds legal description attached as Exhibit A which conforms to the proposed lot as shown on Exhibit B. The City covenants and agrees to use the Site to provide community open space and recreation facilities for citizens of the City of Meridian, including but not limited to parking lots, sidewalks, walking paths, playground equipment, picnic facilities, tennis courts and restrooms ("Park Facilities', which will be owned, operated and maintained by the City. 1.1 It is understood that Brighton and the City intend for the gift of the Site to qualify as atax--exempt contribution to a governmental entity. Brighton shall complete, sign and provide the Citywith a Department ofTreasury Internal Revenue Service Form 8283, Noncash Charitable Contributions, and the District shall execute the Donee Acknowledgement portion of said form and agrees to provide the original form to Brighton in exchange for receipt of the Deed of Gift. Although the City agrees to complete the Donee Acknowledgement ofthe IRS Form 8283 as set forth above, the parties agree that Brighton's gift of the Site to the City via the Deed of Gift is not contingent upon the charitable tax treatment of the donation, the City undertakes no liability or obligation with regard to the tax status of the donation, and Brighton agrees it shall have no recourse to the City for any claims, damages and costs and expenses (including attorneys fees) arising outo#thetaxtreatmen#of the donation. The City agrees to otherwise reasonably cooperate and take such other actions as Brighton may request to effectuate the recognition of the donation. Property Donation Agreement, page 1 5~ • 1.2 Appraisal of the Site. Prior to the Closing Date (as defined below) and at no cost to the City, Brighton shall obtain an appraisal of the Site performed by an appraiser acceptable to both parties. The appraisal shag be certified to Brighton and the City and shall be delivered prior to the closing and such appraisal shall meet the requirements of federal income tax regulations for donated real property (Treasury Regulation Section 1.170A-13(c)}. 1.3 No goods or services were received by Brighton in consideration for the donation of the Site. 2. Transfer of Title. The Site shall be conveyed by Brighton to the City by Deed of Gift in substantially the form attached hereto as Exhibit C and made a part by reference ("Deed of Gift"}. 3. Conditions of Conveyance. The City expressly acknowledges that Brighton's conveyance of the Site to the City shall be subject to each "Conditions of Conveyance" set forth in the Deed of Gift. 4. Title Insurance. Within ten (10) days after the date of this Agreement, Brighton shall deliver to the City a commitment for title insurance ("Title Commitment") issued by TitleOne Corporation, 1101 West River Street, Boise, Idaho covering the Site. The City shall have fifteen (15} days after receipt of the Commitment within which to provide Brighton with written native that it objects to any matters shown on the Commitment, provided that the City shall not be entitled to object to the standard printed exceptions, matters set forth on the Plat, and utilities necessary or convenient for the development and use of Brighton's adjacent property. Brighton may, in its sole discretion, eliminate or modify such matters objected to by the City. 1f Brighton does not eliminate or modify the exceptions objected to by the City prior to the recordation of the Deed of Gift, then the City may terminate this Agreement and not accept the gift of the Site from Brighton. At closing, the City may, at its cost, purchase an owner's policy of title insurance in such amount and in such form as the City desires. 5. Plat, Future Easements. if the Piat has not been recorded prior to the recorda#ion of the Deed of Gift, the City, as the owner of the Site, agrees to execute all documents required to record the Plat. The City acknowledges that the Site wil! be subject to a 15 foot easement along the north boundary as shown on the Plat. In addition, if reasonably necessary for Brighton to locate utilities and/or services through the Site to serve Brighton's adjacent property, the City agrees to grant such easements to Brighton over the Site, provided such easements do not materially interfere with the City's use of the Site as a Park Facility. 6. Closing: Closing shall occur between November 15, 2006 and December 15, 2006, the exact date to be mutually agreed by the parties, provided, in no event shall closing occur later than December 31, 2006 ("Closing Date"). Unless otherwise agreed by Property Donation Agreement, page 2 • . Brighton and the City, closing shall occur at the offices of the Title Company. The escrow fees for the Title Company shall be paid by Brighton. Taxes, assessments and irrigation water assessments ("Taxes") shall be prorated as of the Closing Date. Brighton shall pay al( Taxes for due and payable prior to the Closing Date. The City shat! be entitled to possession of the Site on the Closing Date, provided that the City agrees that the Site may continue to be used for fam7ing purposes un~l development commences. 7. General. This Agreement constitutes the whole agreement between the Parties and no warranties, agreements or representations have been made or shall be binding upon either party unless herein set forth. Unless expressly stated otherwise herein, this Agreement is the final agreement and shall be binding upon the heirs, personal representatives, successors and assigns of the respective parties hereto. All terms and conditions hereof and all instruments referred to herein and con#emplated hereby shall survive the transfer of title to City and shalt remain in full force and effect in accordance with their terms. 8. City Approval: It is understood by Brighton that this Agreement shall not be effective on the City until approved by the Mayor and City Council of Meridian. IN WITNESS WHEREOF, the parties have executed this Agreement for Donation of Reai Property on the day and year first above written. Brigh#on Investments, LLC, An Idaho limited liability company By: Da id W. T mbull, Member City of Meridian ,i \~ `\ d~ 0 F \ ®~ Tammy de ee ,Mayor ~~~~ ~ ~~ ,' ~` ~~ ATTE T: _ ~ ~..:~ _ i~GL-r~ i .~ ~ ~ ~-' % ~, ~~; ` City Cterk VAC. ~ %/ ~~ ~' Is't • ~~~,~® /~~ d ~a~®~ •, ` Ross ~~S ~~o U ~6' ~~9BP141i94a' Property Donation Agreement, page 3 STATE OF IDAHO ) } ss. County of Ada } On this ~~"~day of ~ ~ Asa//~ 2006, before me, a notary public in and for said state, personally appeared David W. Turnbull, the person that executed the instrument or the person who executed the instrument on behalf of Brighton Investments, LLC, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have here to set my hand and affixed my ofi`icial seal the day and year first above written. ~.•Q gECCq ~•, ~~pT • ~'~. Notary for Idaho ~SE~L} „~ '4'.p~ ~.: Residing at Meridian, Idaho ~' .off `~~> My commission expires: ~/~.lp , o~~/I ~Y~i ~'~ ! C ~' ~~ STATE OF IDAHO } } ss. County of Ada On this ~Ir`~ day of NpYPmlcr~ 2006, before me, a notary public in and for said s#ate, personally appeared Tammy de Weerd and W illiam Berg known to me to be the Mayor and City Clerk of Meridian, Idaho, who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. • j ~ • p ~ 00 ~' G ' Q,•• 1°[J~'~' "~• ~• i ~~ per,. Property Donation AgreenZent, page 4 ~ ~ ~ d~ Notary Public dahqq Residing at ;'E~aho My commission expires: LG~-t I~I 1 Exhibit A Map Showing General Location of Site En~ineerin~ No~'thWest, LLC 423 N. Mcestor Piave, Suite 180 Boise, Idaho 83704 (208) 376-51)00 • Fax (208} 376-5556 Project No. 42-043-01 Date: August 31, 2006 BAINBRIDGE SUBDIVISION 7.5 ACRE PARK PARCEL DESCRIPTION A parcel of land located in the NE 1/4 of Section 27, T. 4 N., R. 1 W., B.M., Meridian, Ada County, Idaho and being more particularly described as follows: Commencing at the section corner common fa Sections 22, 23, 26 and 27 of said T. 4 N., R 1 W.; Thence North 89° 17'35" West, 2647.29 feet on the section line common to said Sections 22 and 27 to the 1/4 section comer common to said Sections 22 and 27; Thence leaving said section line, South 25° 12'23" East, 135533 feet to the REAL POINT OF BEGINNING; Thence North 74°50'00" East, 80.93 feet to a point of curve; Thence 228.27 feet on the arc of a curvc to the right, said curve having a radius of 1040.00 feet, a central angle of 12°34'33"and a chord distance of 227.81 feet which bears North 81°07'17" East to a point of compound curve; Thence 278.43 feet on the arc of a curve to the right, said curve having a radius of 1351.37 feet, a central angle of 11°48'17"and a chord distance of 277.93 feet which bears South 88°01'11" East; Thence South 00°38'S4" West, 552.22 feet; Thence North 89°21'06" West, 253.00 feet; Thence South 00°38'54" West, 121.41 feet to a point on a curve; Thence 74.41 feet on the arc of a curve to the left, said curve having a radius of 5155.83 feet, a central angle of 00°49'37" and a chord distance of 74.40 feet which bears North 89°56'34" West; Thence North 00°38'54" East, 122.18 feet; Thence North 89°21'06" West, 253.00 feet; Thence North 00°38'54" East, 498.92 contains 7.50 acres more or less./? /"."i to the real point of begira»ng. Said parcel Bainbridge 7S hcrc Park Pmrel Deacdoc PREPARED BY: Engineering Northwest, LLC James R Washburn, PLS Pago 1 of 1 Property Donation Agreement, page 5 • • Exhibit B Plat ~, / 1~yot ~ oont ~ .aoros ~ ,oorot I .wrot I Aoaa ~ .Dour I tyros m'ot ~ .~ I ~ 1 s ~ ~ ~c f ~. i r r 1 O I F' ' ~~ I ~ = ~ I ~I , t I I v \ ~ 1 { W ~ ~ 1 l ~ ~ 1 1 + 1 5 f 1 ft u~, ~ ,+ 1 ~""~.-- yam.. AtlM NQL~JNISN~I 'N ~n ~ - -- "7 ._.._.. + .M'Lil !{ „f. tit ~~ no~ ~o~ o~ ~a$ ~o~ o~ ~a~ ~ o 1 ' w n - ,arre 6 .ooros .iq7~ .oorot ' .~'09 'La .aorot ,Olro9 ~ .asroat ~ ~ I .5~6 1 C C9 ~ ,fr°DLl I O ~ a{' .9aTL1 o ~, A ,sa7zt O ~w .tr•tLt o~ ~ ~ 4 o. n dl ~ ~ r o ,BltZt o~ ~ I ~ I rzt I ~ ~ ~ ~ ~ d 4 1 ,osrozt ~ _ Q ~ P • f fa>' sfra .oo•sa ao•sa ,tm•ea .oo•as ,ooroi coca S ~ .rcroft ~ O° - ~ ~ I 6 .~~ 9 S 89.2p' .firoLt V Pp w -~" ~ •~AVM ~ldHM3dNeW 'N - - - -- Property Donation Agreement, page 6 Exhibit C Form of Gift Deed DEED OF GIFT (Bainbridge Park) THIS DEED OF GIFT made this day of , 2006, betyv~er} BRIGHTON INVESTMENTS, LLC, an Idaho limited liability company ("Grantor") d tfle i City of Meridian {"City"), whose current address is I~rici~an,~~`~ ldaha 83642 {"Grantee`. V1~ITNESSETH: ~, ~ ~ l s Section 1. Conveyance. ~- 4 ~ , ~, ~y AS A GIFT to Grantee, Grantor does hereby grant an~~-~~nvey Grantee all of the real property located in the County of Ada, State of I `o,~~lescribed on "Exhibit A" attached hereto and made a part hereof (the "Property" -~' TOGETHER with all and singularthe tenement e~ditaments and appurtenances thereunto belonging ar in anywise appertaininc~:-$ ~;~ This conveyance by Grantorto Gritee is rye subjectto the following exceptions: ~. 1. AEI taxes and asses~aents levied and assessed against the Property, including liens and assessme°`~~ ary irrigation district ('Taxes"), for the year 2006 and #hereafter. AR Taxes for the crre:~.t~' shall be prorated between Granter and Grantee as of the date of this Deed of lift. Ta s levied and assessed for the prior year shall be paid by Grantor. ~ ~ =3_ 2. Easeatent~;~d rights-af way for roads, ditches, tunnels, utilities and other purposos and u~es;=~w~-ic~t easements and rights-of--way are of record ar visible upon a physical ins~ectionfief~he Property, Exceptions, reservations, terms, covenants and conditions of record. Secti`o n ~, - iCondifions of Conveyance. ~~ ~~'~ TO HAVE AND TO HOLD the Property unto Grantee subject to the following Ts express conditions and covenants which are accepted and agreed to by Grantee as ~ridenced by Grantee's execution of this Deed of Gift (collectively, "Grantee Covenants"); Property Donation Agreement, pAge 7 • A. Park Facilities. The Ci#y covenants and agrees to use the Property to provide community open space and recreation facilities for ci#izens of the City of Meridian, including but not limited to parking #ots, sidewalks, walking paths, playground equipment, picnic facilities, tennis courts and restrooms {"Park Facilities'. The City, in its discretion, shall determine when the Park Facilities are constructed. The Park Facilities shalt a# all times be owned, operated and maintained by the City. . ~. Prohibitions on Use, Without the prior written consent of Granto~rs~ l~.+hich consent may be withheld in the sole and exclusive discre~on of Grantor, at no fii`ne ~nci.~ under no circumstances shalt the Property, or any portion thereof, or the Parke acilitiee~ -to be constructed thereon, be utilized for (i} residential, commercial, ind ° .Nor ~~her purposes which are inconsistent with the use of the Property as a publ' ~-ark; ~`~ ~I} any use which is inconsistent with the use of the Property pursuant to the duly' d, written policies of Grantee. C. Restriction of Transfer. The Property shaii r~,~;' in wt~ele or in part, be transferred or conveyed by Grantee. r k, D. Name of Park. Without the prior written c nt f Grantor, which consent may be withheld the sole and exclusive discretion o e Park to be construe#ed on the Property shall be referred to as the "Bainbr~l.Pa " Yi Section 3. Term of Grantee Covenants - lion. The term of the Grantee Covenants shalommence an the date recordation of this Deed of Gift and continue thereafter-far a•period of thirty {30}years following the date of recordation of this Deed of Gift~Covenan# Term"}. From and after the expiration of the Covenant Term, the Grantee ~ovenant~ shall automatically terminate and end and shaii be of no further force or effect. ~', X ~" .~ The Grantee ~ven~nt`shall be a burden on the Property for the benefit the Grantor, its successors```a~d~ssigns, and shall run with the land. Section 4. ,Accepttrce. 1 ey"its acceptance below, Grantee shall be deemed to have accepted and agreed to comply w;t~ tt».Grantee Covenants set forth in this Deed of Gift. Property Dauation agreement, page 8 N INVESTMENTS, LLC, an Idaho ~ility company By: \ . David .Turnbull ~, ° Member -~ :~ fate of Idaho } ss. ` County o ) ~~ ~ On this , 2Q06, before me, a Notas'ub ' ~ and #or said State, personalty appeare vid W. Turnbull, known or iden- tii~~~°me fo be the Managing Member o€ Brighton In eats, LLC, an Idahoed li"ility company, the member who subscribed said limited lie ' company na,,~ owe foregoing instrument, and acknowledged to me he executed the sa said I~mited lia~iifity company name. ~' ~~ '>~. o~lota ~ Public for Idaho F~e~ng at day Commission expires ~~ .~ ~''~ ~a ~~, .~ ~ :~, ~y ,. ~~ ~< Property Donation Agreement, page 9 ACCEPTANCE THE CITY O MERIDIAN, by its execution below, hereby accepts the terms of the foregoing Deed of G' and agrees to accept #itie to the Praperky subject to the Grantee onditions, and agrees comply with the same. DATED: , 2006 THE CITY OF MERIDIAN °'~. Its: P a ,~~~ State of Idaho ) ~° ss- ~ "~ County of Ada ) ~ ~ky~ On this day of , 2006,re~i ae, Notary Public in and for said State, personally appeared ~' , known or identified to me the ,~Of the qty of Me ' Ian, that executed the foregoing instrument, and acknawled d t~~e ghat such City ex cuted the same. ~~ f*.. EXHIBIT A (Descrip#ior~ryo Property) .~~ ~~, r ~~ ~~ r~r ~,.;.. ,~ ~~ Notary Public for Idaho residing at Property Donation Agreement, page 10 expires ~ ~ November 9, 2(m6 Department Reports MERIDIAN CITY COUNCIL MEETING November 14, 2006 APPLICANT Public Works Deportment -Brad Watson ITEM NO. 7-A-1 REQUEST Formal Determination on the Designation to be used for our city street commonly known as Pine Avenue AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached aPr"`N'- Contacted: Date: Phone: Emaited: Staff Initials• Materials presented at pubNc meetings shah become properly o} the CNy of Meddlan. City of IVleridiarl Public VVolrks Dept. Memo Ta Wrll Berg; Tara Green; Sharon Smith From Triaa Bier~en CC~ File Date: 11{3/2(m6 Re: Proposed Agenda Items for 11/14/06 City Coundl Meeting I~,E~I I~ ®~ 0 7 20~~ City ~'1f Ii~eridiar~ City Clerk ~.Ce The Public Works Departrnent respectfully requests that the following items be placed on the 11!14/06 City Council agenda, under department reports, for Coundl's consideration: 1) Formal detemrination on the des___grri anon th be used for our afir street commonly krtovm as Pine Ave. Pine literally runs from one side of Meridian to the other and has been known historically as Pine Avenue. Addresses have been assigned accordingly using the avenue designation. Currant Ada Courrty street name guidelines would dictate that an east /west roadway of this nahrre would have Street as the designation. This would require the Street designation to be used on aA new street signs being placed along this roadway for new development (see reed dashes on inducted map) Pine as well as other old towrn roadways, suds as Carlton, Washington, State, Idaho and Broadway were all given the avenue designation Recommended Council Action: 'The Public Works Department recommends that City Council officially preserves the Avenue designation for dte entire roadway for above mentioned street names, thereby allowing historically used names th remain unchanged as our city develops. Thank you for your consideration. Please contact me if you have any questions r1egarding any of these items. • page 1 ~ ~ Requested Changes to the Agenda: None • November 9, 2006 RZ 06-009 MERIDIAN CITY COUNCIL MEETING November 14, 2006 APPLICANT Vicki Garton ITEM NO. 9 REQUEST Public Hearing -Request for a Rezone of .57 acres from an I-L zone to an R-8 zone for Vicki Garton -- 435 West Broadway Avenue AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS See attached P8Z Packet /Minutes See attached Recommendations MERIDIAN POST OFFICE: OTHER: See attached Letter from Jim Thompson /Affidavit of Posting Contacted: Date: Phone: Emailed: Staff Initials: Matertals presented at public meetings shall become property of the CHy of Meridian. November 9, 2006 CPA 06-004 MERIDIAN CITY COUNCIL MEETING November 14, 2006 APPLICANT City of Meridian Planning Department ITEM NO. ~ O REQUEST Public Hearing -Request for a Comp Plan Amdmt to modify the definition of "office" by removing the last sentence of the description (see Chapter VII, Page 106 June 2006 printing of Comp Plan for Office Designation Text Amendment AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS See attached P>f<Z Packet /Minutes See attached Recommendations MERIDIAN POST OFFICE: OTHER: See attached Letter from Jim Thompson /Affidavit of Posting Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meeflngs shall become property of the City of Mertdlan. • November 9, 2006 • AZ obi MERIDIAN CITY COUNCIL MEETING November 14, 2006 APPLICANT Centennial Developmen#,LLC ITEM NO. 11 REQUEST Amended Ordinance No. 06-1266 A -- Request for Annexation and Zoning of 19.7 acres from RUT to R-8 zones for Cedarcreek Subdivision - 470 West McMillan Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCWOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST': INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS ;fie affached ~rdirwnc~ Date: ~~, Staff ln~tials• ~ T Malerfala pres®nted at publk meeHnga shall become properly of ~e Cif y of Merfdlan. ~" ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 ; BOISE IDAH011/2?JO6 08:2.4 AM DEPUTY Bonnie Oberbillig III IIIIIIIIIIIIIIIIIIIIIIIIIII~III III RECORDED-REQUEST OF Meridian City 1 E'a~ 153SSk~ CITY OF MERIDIAN AMENDING ORDINANCE N0.06-1266 A BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE AN AMENDED ORDINANCE (AZ-06-009 CEDARCREEK SUBDIVISION) FOR ANNEXATION OF PROPERTY LOCATED IN A PORTION OF THE SOUTH %Z OF THE SE 1/ OF SECTION 25, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIlVIITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO R-8 (MEDIUM DENSITY RESIDENTIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re-zoning by the owner of said property, to-wit: Liberty Development, LLC. SECTION 2. That the above-described real property is hereby annexed and re- zoned from RUT (Ada County) to R-8 (Medium Density Residential District) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re-zone said property. ANNEXATION OF AZ-06-009 CEDARCREEK SUBDIVISION Page 1 of 3 SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~~day of /'~~~ywJ'.G... , 2006. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~~~day of !lF O l/~ h~/~.. , 2006. MAYO de WEERD ANNEXATION OF AZ-06-009 CEDARCREEK SUBDIVISION Page 2 of 3 • • 4`4~`tttV N1l11111I1///~pp ~ ~j~t~ <. ATTEST: ®:'~~ U~ ~ ,~~~~~ " ~~°`~ a WII,LIAM G. BERG, JR., CITY CLER~~~ ~ ~~~ • ~' F ~~.~`~ racy s~ ~ ~.~> Ie/ ~ oyti ~~®~~''/litsa~ ~~ossj~~~'~r STATE OF IDAHO, ) ss. County of Ada ) On this ]'day of ~ij~/e~~r , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. `•eeseee• se (SEAL) '~ ~°G~'L~'~. • o.- .~ •. • ~~ . ~ ; • Y • , , e e ~ ° e r ~ c` ~ ® e se.•9~ O.',~Qy NOTARY PUB IC FOR IDAHO RESIDING AT: ~~ ~ 11~ MY COMMISSION EXPIRES: ~b-I t-1~ ANNEXATION OF A~06-009 CEDARCREEK SUBDIVISION Page 3 of 3 r ~ Parcel 1 Bounda Description Liberty Development Property A parcel located in the S ~/2 of the SW ~/a of the SE ~/a of Section 25, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap monument marking the southwest corner of said S ~h of the SW ~/a of the SE ~/a (1/a Corner), from which a 5/8 inch diameter iron pin marking the southeast corner of said S '/2 of the SW 1/a of the SE 1/a bears S 894'20" E a distance of 1340.90 feet; Thence S 89°54'20" E along the southerly boundary of said S Y2 of the SW ~/a of the SE ~/a a distance of 200.20 feet to a 5/8 inch diameter iron pin and the POINT OF BEGINNING; Thence leaving said southerly boundary N 0°05'40" E a distance of 320.40 feet to a 5/8 inch diameter iron pin; Thence N 89°54'20" W a distance of 200.20 feet to a 5/8 inch diameter iron pin on the westerly boundary of said S'/z of the SW ~/a of the SE ~/a; Thence N 0°05'40" E along said westerly boundary a distance of 339.64 feet to a 5/8 inch diameter iron pin marking the northwest corner of said S ~/2 of the SW ~/a of the SE ~/a; Thence S 894'17" E along the northerly boundary of said S'/2 of the SW ~/a of the SE ~/a a distance of 1339.99 feet to' a 5/8 inch diameter iron pin marking the northeast corner of said S ~/z of the SW ~/a of the SE 1/a; Thence S 0°00'55" W along the easterly boundary of said S'/2 of the SW ~/a of the SE 1/a a distance of 660.02 feet to a 5/8 inch diameter iron pin marking the southeast corner of said S 1/2 of the SW ~/a of the SE ~/a; Thence N 894'20" W along the southerly boundary of said S'/2 of the SW ~/a of the SE ~/a a distance of 1140.70 feet to the POINT OF BEGINNING. This parcel contains 18.84 acres and is subject to any easements existing or in use. Clinton W. Hansen, PLS NpL LA~y~ Land Solutions, PC ~o Revised -May 23, 2006 ~ ~ TE G,Q` Q'. c~_ RE ROVaL BY MERIDIAN PUBLIC WORKS DEPT. o- 1 'i 118 ~ ~'~-a/2~/®6 ~ C'~~yT~F 0 F ~~ ~5~2 ON ~ ~P ~®o~®~~ LmW Am,eyi"8 and Conwltl"A Liberty Development/Reiterman LLA Job No. 04-43 C ~ ~~~ ~ `~ I ~~ ,~,~ o <° ~ ,~, g W 8 I i O I I ~ ~~ a l ~ I V ~~~~~ ~, W ~- ~ 8~ ~ \ ~ ~~~ OYDN NYJOkt~/ iV p.GCMAN _ _ _ Q2~ffi G ~ ,800d['! ~ .90i~AY ~ ~&669^ ~~ S ~ ~ x ~ I~Q I~ s ~~ ~~R ~ 6`~ ~ ~ ~ x~ s ~~ `3.P.,WpN 3.LI,Q7AM 6 M SSODAS _ ~~Z m ~~ ,DO'0AY .d?099 ~ lJ ~ .vn~ ~~ - - - - - - - I e~ ~~ 8 ~ b R~ ffi Z I I ~ I ~ ~ ~OL1 O I I I ~ ~' ~~ y S w WI b ~` Z Q a• ~gaa~ ~ ~ <~ y 0 z ~ ~I ~I i s~ <~ ~~ ~ ~~ ~ 30o I I ~ z =~o° ~ Is ~ ~ ~ w ~ ~ ~ w E' o I ~~ 1131 $ ~ ~ N O ~ ~ N 1~7 I~ ~ ~ Q ~I ~ ~ < ~ Q ~ ~ ~' ~~ ~ ~ ~ ~ Nw b ~, ~ ~~ ~ ~ ~ ~ s I ~~ m I >- I~ ~~ ~ a s ~~ e b } I I ~~ gas sg~ >~ ~a s w I I ~~I ~ ~a ~~ ~~~~° ~ ~~ C I I .osvzr I ~ 5 ~ ~ ~~ ~~ ~ ~ O I I ~ ~ 3 Oi N~ h 8 ~ ~ ~ ~ ~ s ~ G ct2~ C ~ ~~ ~ ,MG% s ,f96dY' Of OLI ~ ~ g ~ a ~ ~ ~~ 3 3.fl.WA N 3.OI..WO N ~~ xg ,10099 .Oi,5T7A N ~yy gg b~p X58 ~ a~~, ~~ ~~~ ~' `~ ~~ ~ & ~~ ~~ g~ i NOTICE AND PUBLISHED SUMMARY OF AMENDED ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN AMENDING ORDINANCE N0.06-1266 A PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land located in the South %Z of the Southeast'/ of Section 25, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Attachment «A„ This parcel contains 19.31 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of--way of record or implied. As surveyed in attached exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho Avenue, Meridian, Idaho. This ordinance shall become effective on the ~~day of /Y~!/~Pi~Yv~i~. , 2006. /ei~--~ /°" ~ Mayor and City Council of e City of Meridian By: William G. Berg, Jr., City Clerk First Reading: ~~-~ ~'®~ Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES_~ NO Second Reading: °-- Third Reading: .~- STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF AMENDED ORDINANCE N0.06-1266 A The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 06-1266 A of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this ~ day of 1~-l ~-~~ 2006. ~• William. L.M. Nary, City Attorney AMENDED ORDINANCE SUNIlVIARY - AZ-06-009 CEDARCREEK SUB Page 1 of 1