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DA Provisions - 11-3-2010 CCNovember 1, 2010 MEMORANDUM TO: Mayor and City Council FROM: Bill Parsons, Associate City Planner CC: Anna Canning, Bill Nary, Jaycee Holman, Pete Friedman, Machelle Hill; Jacy Jones; Scott Steckline; Project File RE: Barletta Subdivision (AZ-10-002 and PP-10-002) November 3, 2010 City Council Agenda Item Honorable Mayor and City Council Members, On October 26, 2010, the City Council directed staff to prepare a list of recommended development agreement (DA) provisions for Barletta Subdivision that are to be reviewed during the November 3rd Council meeting. Below are the recommended DA provisions, staff believes should be included in the DA if the annexation request is approved. If the City Council feel that additional development agreement provisions are necessary, staff recommends a clear outline of any other commitments that may be required from the developer. a. When City sewer and/or water connections are within three hundred feet (300') of Owner/Developer's property line, Owner/Developer shall connect to the City sewer and/or water systems within six months of services becoming available. Owner/Developer may continue to maintain and use the existing private water well and septic system for the existing residence on Lot 2, Block 1, and establish a new private well and septic system for the new residence planned for Lot 4, Block 1, so long as such maintenance and use is lawful and permitted by the appropriate governmental agencies. Any and all occupiable buildings located upon the Property, whether such buildings are residential, commercial, or any other classification, the City shall provide sewer and/or Planning Department . 33 E. Broadway Avenue, Meridian, ID 83642 nw.,.,., nno ooe ccoo r..., nno 00o cote ..............:.a:......:a,. ,..... Page 2 water services to such buildings. Owner/Developer shall be responsible for any and all costs of connecting sewer and/or water service, including, without limitation, assessment fees, water meter installation and activation fees, and inspection costs. b. Upon connection and provision of City services to the Property, Owner/Developer shall disconnect and discontinue the use of any and all septic systems, private water wells and/or other sewer or water sources other than the City sewer and water systems. Upon connection to City sewer and/or water services at Property, Owner/Developer shall abide by and comply with any and all applicable provisions of law regarding same, which shall specifically include, but shall not be limited to, compliance with Chapter 3, Title 9, Meridian City Code and/or any and all similar ordinances subsequently adopted, which prohibit the installation and/or maintenance of a cross-connection to the City's water system. Contact Central District Health for abandonment procedures and inspections (208) 375-5211. The applicant will also be responsible to contact the City of Meridian Public Works Department at (208) 898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources; contact Robert B. Whitney at (208)334-2190. c. Owner/Developer shall record a final plat prior to the issuance of a building permit. d. All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. e. All development on this site shall comply with the Northwest Pipeline Development Guidelines. An encroachment permit is required for any improvements proposed within the pipeline easement. A copy of the executed encroachment agreement shall be submitted to the City with a future final plat application. f. No more than two (2) single family homes shall be constructed on the site. Further subdivision in the future, other than the two lots approved with the Barletta Subdivision, shall be done in accordance with the Unified Development Code (UDC) including the extension of water, sewer and a public street system.