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2014-01-28~E IDIAN~- CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho AMENDED AGENDA Tuesday, January 28, 2014 at 6:00 PM 1. Roll-Call Attendance O David Zaremba X Joe Borton O Charlie Rountree X Keith Bird X Genesis Milam X Luke Cavener X Mayor Tammy de Weerd 2. Pledge of Allegiance by Tucker Gibbons 3. Community Invocation by Darrell Taylor with Ten Mile Christian Church 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Acceptance Agreement: Display of Artwork of Joyce Green's Art Class in Initial Point Gallery from March 28 to May 2, 2014 B. Acceptance Agreement: Display of Artwork of Nampa Art Guild in Initial Point Gallery from June 27 to August 1, 2014 C. Memorandum Of Understanding To Amend Current Collective Bargaining Agreement To Allow The Open Entry Level Firefighter Position To Remain Unfilled D. Amended Community Development Block Grant (CDBG) Sub-Recipient Agreement with Neighborhood Housing Services E. Award of Bid and Approval of Agreement for the "NW 8th Street Sewer Trunk Main -Phase 2 Broadway to Cherry Lane" project to McMaster Construction & Development, Inc. for the Not-To-Exceed amount of $803,370.80. Meridian City Council Meeting Agenda -Tuesday, January 28, 2014 Page 1 of 4 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. F. Resolution No. 14-973: CPAM 13-003 Da Vinci Park by CS2, LLC Located Southwest Corner of N. Locust Grove Road and E. McMillan Road Request: Amend the Future Land Use Map Contained in the Comprehensive Plan to Change the Future Land Use Designation on 7.76 Acres of Land from Low Density Residential to Medium Density Residential (6.36 Acres) and Mixed Use -Neighborhood (1.4 Acres) G. Findings of Fact, Conclusions of Law for Approval: RZ 13-016 Da Vinci Park by CS2, LLC Located Southwest Corner of N. Locust Grove Road and E. McMillan Road Request: Rezone of 2.65 Acres of Land from the R-4 and R-8 Zoning Districts to the C-N Zoning District; and 6.3 Acres of Land from the R-4 Zoning District to the R-8 Zoning District H. Findings of Fact, Conclusions of Law for Approval: PP 13-036 Da Vinci Park by CS2, LLC Located Southwest Corner of N. Locust Grove Road and E. McMillan Road Request: Preliminary Plat Approval Consisting of Thirty- Eight (38) Single Family Residential Attached Building Lots, One (1) Commercial Building Lot and Eight (8) Common/Other Lots on 7.76 Acres. of Land in the Proposed R-8 and C-N Zoning Districts I. Findings of Fact, Conclusions of Law for Approval: MDA 13-021 Da Vinci Park by CS2, LLC Located Southwest Corner of N. Locust Grove Road and E. McMillan Road Request: Modification to the Development Agreement to Change the Development Plan from Single Family Residential to Mixed Use J. Development Agreement for Approval: RZ 13-009 Village at Cold Creek by Hayden Homes Idaho, LLC Located North Side of W. Ustick Road, Approximately 1/4 Mile East of N. Ten Mile Road Request: Rezone of 4.38 Acres of Land from the R-4 to the R-8 Zoning District K. Development for Approval: AZ 13-014 Victory South (Hansen Property) by City of Meridian Located South of W. Victory Road, East of S. Linder Road and West of S. Meridian Road Request: Annexation of 310.20 Acres of Land from RUT, R1, R4 and R6 in Ada County to the R-8 (Medium- Density Residential) (88.14 Acres) Zoning Districts L. Resolution No. 14-974: A Resolution Authorizing the City Clerk to Destroy Certain Semi-Permanent Records of the Meridian Police Department. 6. Community Items/Presentations A. Community Presentation: Community Leadership Award B. Mayor's Office: Mayor's Youth Advisory Council (MYAC) Update 7. Items Moved From Consent Agenda None Meridian City Council Meeting Agenda -Tuesday, January 28, 2014 Page 2 of 4 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. 8. Action Items A. Continued from January 21, 2014: Public Hearing: RZ 13-017 Sheryl 4-Plex by JTC Inc. or Assigns Located 3150 W. Sheryl Drive Request: Rezone of 0.54 of an Acre of Land from the L-O to the TN-R Zoning District Approved B. Request for Withdrawal of Application by Schultz Development Baraya Subdivision No. 1 FP 07-030 Final Plat approval for 50 single family building lots and 14 common lots on 10.10 acres in an R-4 zone Located East of Black Cat Road on Franklin Road Approved C. Request for Withdrawal of Application by Schultz Development Baraya Subdivision No. 2 FP 07-031 Final Plat approval for 50 single family building lots and 2 common lots on 10.55 acres in an R-4 zone Located East of Black Cat Road on Franklin Road Approved D. Continued from January 21, 2014: FP 13-047 Baraya Subdivision No. 3 by CBH Homes Located at South Side of W. Franklin Road, Midway Between Black Cat and Ten Mile Roads Request: Final Plat Consisting of Forty- Seven (47) Single-Family Residential Building Lots and Three (3) Common Lots on 11.05 Acres of Land in the R-8 and R-15 Zoning Districts AND Request to Renumber this to Subdivision No. 1 Items 8B and 8C were withdrawn and project name was changed to Baraya Subdivision No. 1 -Approved 9. Department Reports A. Parks & Recreation Department Report: 2013 Kleiner Park Concession Update and Proposed Concessions Operations Lease Amendment B. Legal Department:. Meridian Heights Water and Sewer District Fee for Sewer service Motion approved for $4,807.00/month and bring back a resolution on this next meeting. 10. Ordinances A. Ordinance No. 14-1594: An Ordinance (RZ 13-009 -Village At Cold Creek Subdivision) For The Re-Zone Of A Parcel Of Land Situated In A Portion Of The SW '/4 Of Section 35, Township 4 North, Range 1 West, Boise Meridian, City Of Meridian, Ada County Idaho; Establishing And Determining The Land Use .Zoning Classification Of R-8 (Medium Density Residential) Zoning District In The Meridian City Code Approved B. Ordinance No. 14-1595: An Ordinance (AZ 13-014 -Victory South) for the Annexation of a Parcel of Land located in the NE 1/4 of the W 1/2 of Section Meridian City Council Meeting Agenda -Tuesday, January 28, 2014 Page 3 of 4 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. 25, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho Approved 11. Future Meeting Topics Adjourned at 8:24 p.m. Meridian City Council Meeting Agenda -Tuesday, January 28, 2014 Page 4 of 4 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 City Council Meeting _DATE: January 28, 2014 ITEM NUMBER: 5A PROJECT NUMBER: ITEM TITLE: Acceptance Agreement Initial Point Gallery Acceptance Agreement: Display of Artwork of Joyce Green's Art Class in Initial Point Gallery from March 28 to May 2, 2014. ' MEETING NOTES r~/ pr~fi~VED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE F/NAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ACCEPTANCE AGREEMENT. DISPLAY ©F ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the .day of ~~, a ~ ~ 2014, ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Joyce Green.("Organizer"), on behalf of Joyce Green's Art Class ("Organization"), an informally organized group of artists. WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued the Call to .Artists attached hereto as Exhibit A, seeking proposals for the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E, Broadway Ave.., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, in response to the Call to Artists, Organizer did submit a proposal, comprised of the materials attached hereto as Exhibit B ("Proposal"), for the display of .artwork in Initial :Point Gallery; WHEREAS, on October 24, 2013, the Meridian Arts Commission ("Commission"} .reviewed the responses to the Call to Artists, selected Organization's work for display based on the Proposal, and recommended to the Meridian City Council that Organization's artwork, as depicted in the Proposal., be displayed in Initial Point Gallery; WHEREAS, at its regular meeting on December 10, 2013, the Meridian .City Council adopted such recommendation and directed the Commission to work with Organization to establish a display of Organization's artwork in Initial Point Gallery; and. WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and. sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Organizer shall personally deliver to Initial Point Gallery, 'on March 28, 2014, at 9:00 a.m., or at such time and date as is:mutually agreed-upon by the Organization and the Gallery Curator, artwork which shall substantially conform to the description of such artwork set forth in Exhibit B hereto Organizer shall be responsible for hanging such artwork on March 28, 2014 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from March 28, 201.4 to May 2, 2014, in accordance with the terms of this Agreement; and shall be :responsible for removal of such artwork on May 2, 20:1.4, at 9:00 a.m., or at such time and date as is mutually agreed. upon by the Organizer and the Gallery Curator. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 1 II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Organizer shall display the artwork of Organization in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Organizer or Organization for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Organizer or Organization may, at the direction of and in the manner established by the Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of artwork; any transaction related to the sale of artwork shall be handled solely by Organizer or Organization. Organizer acknowledges the Commission's request that Organization voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Organizer may remove such artwork from the Gallery, provided that Organizer replaces the removed piece with another piece of artwork within twenty-four (24) hours of such removal. Organizer shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III. `T'IME OF PERFORMANCE. Organizer shall coordinate and/or provide the services described in this Agreement in a timely manner, as described herein. Organizer acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV. INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Organizer shall coordinate any and all such activity with the Gallery Curator. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Organizer for display in Initial Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached hereto as Exhibit A, and the Application and Acknowledgements Form attached hereto in Exhibit B, as well as to ensure that such artwork maybe safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in Exhibits A and B, does not reflect artwork as described and depicted in the Proposal set forth in Exhibit B, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. ACCEPTANCE AGREEMENT INTI'IAL POINT GALLERY DISPLAY PAGE 2 V. DISPLAY. ~1 A. Original artwork. Organizer and Organization warrants that all artwork provided for display in Initial Point Gallery shall be, and is, original work conceived and created by members of Organization. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City's authority, the artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of names. Organizer hereby conveys to City permission to use Organization's and its members' names for purposes of advertising, marketing, and public information, without violation of Organization's or its members' rights of privacy or any other rights Organization or its members may possess under this Agreement, provided that City shall not use Organization's logo(s), if any, for any purpose without the express, written permission of Organizer. D. Use of City's name. City hereby conveys to Organization permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that neither Organizer nor its members shall use City's Logo for any purpose without the express, written permission of the Mayor's Executive Assistant. E. Removal of artwork by City. City shall have the right to remove artwork from public display at any time and for any reason. Such removal maybe temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty- eight (48) hours, City shall notify Organizer in the manner set forth herein. While it is intended that Organization's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period maybe shortened by City for any reason without notice. F. Removal of artwork by Organization. Organizer shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one artist or organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI. INDEMNIFICATION, WAIVER, AND INSURANCE. A. Indemnification. Organizer, Organization, and Organization's members, shall, and hereby do, indemnify, save, and hold harmless the City and any and all of its employees, agents, /'1 volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or propeifiy, and from any and all losses and expenses caused or incurred by ACCEPTANCE AGREEMENT IMTtAL POINT GALLERY DISPLAY PAGE 3 Organizer, Organization, Organization's members, or such parties' volunteers, servants, agents, /'1 employees, guests, and/or business invitees. B. Waiver. Organizer and Organization shall, and hereby do, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Organizer's or Organization's performance of this Agreement, whether such loss or damage maybe attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance is Organization's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Organization or its members in the furtherance of the respective rights or obligations described herein. Insurance of the artwork; of the Organization's or its members' persons, property, or interests; and/or of the Organization's or its members' employees or agents shall be the sole responsibility of Organization. Organization or its members shall obtain all necessary insurance as may be required in order to protect those parties' insurable interests for their rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Organization shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. ~ VII. TERMINATION. A. Termination for cause. If City determines that Organizer, Organization, or its members have failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if any Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of intent to terminate, and shall specify the grounds for termination. The defaulting party shall have twenty-four (24) hours after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Organizer, Organization, or its members. C. Termination due to death or incapacity. This Agreement shall automatically terminate upon the death or incapacity of Organizer. D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. ACCEPTANCE AGREEMENT INTI'IAL POINT GALLERY DISPLAY ~ PAGE 4 VIII. GENERAL PROVISIONS. ~"\ A. Relationship of Parties. It is the express intention of Parties that Organizer, Organization, and Organization's members are independent parties and not employees, agents, joint venturers, or partners of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Organizer, Organization, or its members and City or between Organizer, Organization, or its members and any official, agent, or employee of City. Both parties acknowledge that neither Organizer, nor Organization, nor Organization's members are employees of City. Organizer, Organization, and Organization's members shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Organizer, Organization, and Organization's members shall comply with any and all applicable federal, state, and local laws. C. Non-discrimination. In fulfilling or exercising any right or obligation under this Agreement, neither Organizer nor Organization shall discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical; mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, '~ modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Organization shall not subcontract or assign any of Organization's obligations under this Agreement that require or that may require their artistic talent or expertise. Organization may subcontract or assign obligations that do not require artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each parry and their successors, assigns, legal representatives, heirs, executors, and administrators. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 5 I. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated ~ in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: Joyce Green Joyce Green's Art Class 1088 W. Chateau Avenue Meridian ID 83646 208-888-2427 Loycegreenart(a~cableone.net Dwight Williams Meridian Arts Commission 33 E. Broadway :Ave. Meridian, Idaho 83642 X208) 887-6473 __ dwight5332(cr~,q.com t.t~Y• _Emily Kane Deputy City .Attorney 33 E. Broadway Ave. Meridian, Idaho .83642 (208) 898-5506 @~CA11PntttPt'irli~nr.i4.> ~..~.. Any party may change its respective address for the purpose of this paragraph by giving written notice of such change in the manner herein .provided. J. Warranty of authority. Organizer expressly warrants that, to the extent set forth herein, Organizer is duly authorized to act as the representative and .agent of prganization and of each and all of its members. Organizer further warrants that Organizer is authorized. to bind Organization and its members and principals to the obligations set forth herein, and to accept the liabilities as established herein on behalf of Organization and its members and principals. K. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement /'1 by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS. WHEREOF, the parties hereto have executed this Agreement on this ~~ day of s.:l:~, 2014. ORGANIZER: Jo e G en CITY OF MERIDIAN: /"'1 ACCEPTANCE :AGREEMENT INITIAL POINT GALLERY ©(SPLAY PAGE 6 ~\ ~1 Exhibit A /~ Meridian ~ Commission Call for Artists: 2014 INI~'IAL POINT GALLERY SERIES OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals for the display of two-dimensional and/or three-dimensional artwork as part of the 2014 Initial Point Gallery Series, a series of one-month exhibitions in Initial Point Gallery. Initial Point Gallery is located on the third floor of Meridian City Hall (33 E. Broadway Avenue, Meridian, Idaho}, and is open to the public during City working hours. Initial Point Gallery provides 120 feet of total wall space for hanging two- dimensional artwork, and four enclosed display cases for three-dimensional artwork. MAC requests that artists voluntarily donate to MAC 2096 of proceeds from sales of art displayed in Initial Point Gallery. ELIGIBILITY: Two-dimensional works displayed in Initial Point Gallery must be comprised of professional-quality, ready-to-hang, original art; artwork on paper must be under glass or acrylic. Selectees must fill all or half of the gallery. Three- dimensional works may be of any medium, but must fit within the four supplied display cases. No artwork will be displayed which: cannot be safely hung or displayed using the gallery's equipment; requires unusual maintenance, handling, or security; or is disruptive or likely to offend the sensibilities of the general public. Each piece to be displayed will be evaluated for its compliance with these general requirements. Selectees will be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display. Selectees and invitees may reapply biennially and if selected again, 75% of the display must be artwork that has not been previously displayed in Initial Point Gallery. Small, informal groups of 2-4 artists are encouraged to propose an exhibition including all artists' work. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2014 Initial Point Gallery Series must provide the following materials and information to MAC in order to be considered for selection. ~ Completed, signed AppUcation It Acknowledgements form; Biography of the artist or informational statement regarding organization; • Letter of intent; • Five (5) digital images representational of the works proposed for display, on a CD (for organizations, each image must be of a different artist's work); and • $35 gallery maintenance fee (nonrefundable). Details and forms are available at the City's website, http://www.meridiancity.org or upon request. Limited assistance producing digital images may be available upon request. Materials submitted will not be returned. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, October 18, 2013. SELECTION PROCESS: The selection of art for the 2014 )nitial Point Gallery Series will be made by MAC. MAC will notify Selectees by letter sent U.S. Mail. In evaluating eligible proposals, the following factors will be considered: • Quality of work; • Appropriateness of subject and concept for a functioning government workplace; • Consistency with City policy and community values; and • Contribution to aesthetic and cultural atmosphere of Meridian City Hall. RESOURCES PROVIDED UPON SELECTION: The City of Meridian will provide selected artists/organizations with the following resources: • Volunteers to assist artist/organization with installing and removing each piece of artwork; • Track system for hanging 2D art and four enclosed pedestals for 3D art; • Space for artist information and/or an information board; and • Publicity of the exhibit through City contacts, local media, and other informational forums. INTACT MAC: By mail: By a-mail: Meridian Arts Commission Attn: 2014 Initial Point Gallery Series 33 East Broadway Avenue Meridian ID 83642 macC~meridiancity. org /~ ~'\ Exhibit B ~"\ /'\ Meridian Commission Application Ft Acknowledgments: 2014 INITIAL POINT GALLERY SERIES APPLICANT CONTACT INFORMATION Check one: ^ I am submitting this application as an individual, l 1 am submitting this application for this organization: CG-~ ~ C~~" /<~~ ~L~/~--~ am submitting this application for an informal group ~ ~ `~ Applicant: ~ C8- ~~~ Applicant E-mail: L C U~Q Mailing Address: U ~~ G D ~~~ . ~ ~ %~ Physical Address: ~wr2 Applicant Phone: Day: ~lb~~~~s~o2N2~r7 Evening: jS~zrr-e. Cell: .~n.1~ APPLICATION OVERVIEW: Check all that apply: ^ 1/we propose to fill one half of Initial Point Gallery with two-dimensional artwork. 'b~ I/we propose to fill the entire Initial Point Gallery with two-dimensional artwork. ^ I/we propose to fill these display cases with 3D artwork: ^ 24"Wx24"Dx42"H ^ 24"Wx24"Dx36"H ^ 24"Wx24"Dx30"H ^ 24"Wx24"Dx24"H Number of 2D pieces: ~2() ~ ~y Average size of 2D pieces:. G6 x~.0 -Fz, 70 ~ ~ Number of 3D pieces: Average size of 3D pieces: APPLICATION MATERIALS: `,t~ '~- Completed, signed Application & Acknowledgements Form. (Informal groups: each artist must sign separate form.) ~' `>~ Biography of artist or informational statement regarding organization, no longer than one 8'/z x 11"page; ~~' A letter of intent, describing: a. Artist/Organization/Group's vision for and/or theme of the proposed display; - b. Number, dimensions, prices, and medium or media utilized in the works to be displayed; c. Any publicity that the Artist/Organization/Group plans to undertake if selected; and/or d. Any atypical issues or challenges regarding hanging or display of the works proposed for display. 4~ Up to five digital images of work representational of the artist's/organization/group's work on a CD, resolution of r y 300 dpi at a minimum size of 5x7", in ,jpg format. Please name each image file with organization name or artist's last name and the title of the work (e.g.: name.title.jpg). Materials submitted will not be returned. Damaged or . non-compliant Cps and/or images will not be considered. Images will not be accepted via a-mail. $35 gallery maintenance fee, check made payable to the Meridian Arts Commission. This fee is nonrefundable. DISPLAY INFORMATION: Initial Point Gallery is equipped with a track system for hanging two-dimensional artwork. Two-dimensional artwork will be hung from cables, using hooks, and therefore must be equipped with two D rings (fig. 1) on the side rails on the back of the frame (fig. 2). The inside of each D ring must allow a space of at least one-quarter inch (~/a") for insertion of the hooks; any wire constricting this space must be removed. The D rings should be approximately a quarter of the distance of the total frame height from the top of the frame in order to avoid slanting away from the watt. Wires, eyehooks, and clip frames may not be used for hanging. Initial point Gallery also provides four display cases, each with different dimensions (fig. 3), for displaying three-dimensional artwork. I fi ~~ r s. / ~~-~- li / f ' $ , ~ ~ / ~ /) I ' ` ` '~ 'C-' .. FIG. 3. 3D ART DISPLAY CASES ACKNOWLEDGMENTS: ~ 1, _ ~/.G~C-~~~~V ,hereby acknowledge the following stipulations and agree that if this proposal is selected or display at Initial Point Gallery, such display shall occur subject to these general terms and conditions, as well as subject to other specific terms and conditions that shall be set forth in a separate, written Acceptance A reement between myself and the City of Meridian. I specifically acknowledge that: ~.. A. Before my work wilt be displayed in Initial Point Gallery, I will be required to enter into an Acceptance ~ Agreement with the City of Meridian establishing the specific terms and conditions of the display of the particular works displayed. B. If my work is selected for display in Initial Point Gallery, the City of Meridian and its agents will AL exercise professional care in handling and securing alt artwork displayed in Initial Point Gattery, but cannot and will not assume liability for any loss or damage. C. Any insurance of the artwork displayed in Initial Point Gattery shall be the sole responsibility of the it ~ artist. The City of Meridian shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery. D. While artwork displayed in Initial Point Gallery maybe passively offered for sale by means of an it ~ informational table, board, or handout as provided or allowed by the City of Meridian, no piece displayed in Initial Point Gallery may have a visible price tag. E. While it is intended that each exhibit in Initial Point Gallery will be displayed for aone- to two-month period, this period may be shortened by the City of Meridian for any reason, without notice to the artist or organization. F. The City may display the work of more than one artist or organization in Initial Point Gallery at any ~ ~ time, at the City's sole discretion. ~~ G. Artwork submitted for display in Initial Point Gallery must be original works conceived and created by the artist (or by artist members of the organization) submitting this application. ~' H. Meridian City Hall is primarily a place of public business and Initial Point Gallery is a public place. The ri City seeks to encourage artistic expression and public dialogue, but must simultaneously ensure that City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable. To this end, only artists and artwork meeting the eligibility standards described in the Call for Artists and following the terms set forth in the Acceptance Agreement shall be displayed in Initial Point Gallery. I do acknowledge and understand each and all of the foregoing stipulations and do agree to these general terms and conditions. Signature: Print name: ~~C~ ~~~ Date: ~ '- ~~!'~ ~ ~ To propose an exhibition in Initial Point Gattery, please submit this form, completed in full, with the required materials and fee, via U.S. mail, to: Meridian Arts Commission Attn: initial Point Gallery 33 East Broadway Avenue Meridian ID 83642 Thank you for your interests Meridian Commission -~"~," -~ _ ~, 1. } : ~~ -.- c ~ ~ °~,~ ` 1 ~ t ~ ~ J ~: ,., ~~ ~~~~~ t~~~a ~'a Res 1088 West Chateau Avenue Meridian, Idaho 83646 208-888-2427 Application proposal for an Exhibition at the Initial Point Gallery, 2o1q. Joyce Green's Art Class An exhibition of works by the students of Joyce Green, comprising 5 to 8 students, each exhibiting 4 or 5 works, depending upon size. Students to exhibit are each artists in their own right, and have won awards and previously exhibited elsewhere in the area. These are advanced students working with Joyce on various challenges in a seminar atmosphere over the last few years. Students to exhibit: Mary Sutler, Robin Coen, Janet Hiatt, Sharon Mitchell, Ann Winslow, Jacqui Wilson, and others. The medium used is primarily watercolor, but collage and mixed watermedia are also used. Joyce will also exhibit a few works, as did Brian Schreiner this year. Joyce's classes run from January to April, so an April exhibition would be ideal. Brief biography of Joyce: Originally from Minnesota, Joyce Green has been a professional artist for over thirty years. She is a signature member of The National Watercolor Society, The Transparent Watercolor Society of America The San Diego Watercolor Society, and Watercolor West. She has had works selected for exhibition in the American Watercolor Society (New York), the Northwest Watercolor Society, The Western Federation of Watercolor Society, and many regional venues. Her work has won numerous awards, including four "Best of Show" honors. She is a distinguished merit member and past president of the Idaho Watercolor Society. She holds degrees in fine arts from the University of Minnesota, Duluth, and the University of Arizona, and has held professional positions in art education and in art museums in Ohio and Arizona prior to moving to Idaho, where she has resided for over 30 years. ~'lemail.• joycegreenart@cahleone.net website: joycegreenwatercolors.com ~'\ Meridian ~ Commission Call for Artists: 2014 INITIAL POINT GALLERY SERIES OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals for the display of two-dimensional and/or three-dimensional artwork as part of the 20141nitial Point Gallery Series, a series of one-month exhibitions in Initial Point Gallery. Initial Point Gallery is located on the third floor of Meridian City Hall (33 E. Broadway Avenue, McNdian, Idaho), and is open to the public during City working hours. Initial Point Gallery provides 120 feet of total watt space for hanging two- dimensionalartwork, and four enclosed display cases for three-dimensional artwork. MAC requests that artists voluntarily donate to MAC 20% of proceeds from sales of art displayed in Initial Point Gallery. ELIGIBILITY: Two-dimensional works displayed in Initial Point Gallery must be comprised ofprofessional-quality, ready-to-hang, original art; artwork on paper must be under glass or acrylic. Selectees must fill all or half of the gallery. Three- dimensionalworks maybe of any medium, but must fit within the four supplied display cases. No artwork will be displayed which: cannot be safely hung or displayed using the gallery's equipment; requires unusual maintenance, handling, or security; or is disruptive ar likely to offend the sensibilities of the general public. Each piece to be displayed will be evaluated for its compliance with these general requirements. Selectees will be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display. Selectees and invitees may reapply biennially and if selected again, 75% of the display must be artwork that has not been previously displayed in Initial Point Gallery. Small, informal groups of 2-4 artists are encouraged to propose an exhibition including all artists' work. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2014 Initial Point Gallery Series must provide the following materials and information to MAC in order to be considered for selection. • Completed, signed Application tt Acknowtedgementsfoan; Biography of the artist or informational statement regarding organization; e Letter of intent; • Five (5) digital images representational of the works proposed for display, on a CD (for organizations, each image must be of a different artist's work); and • $35 gallery maintenance fee (nonrefundable). Details and forms are available at the City's website, http://www.meridiancity.org or upon request. Limited assistance producing digital images maybe available upon request. Materials submitted wilt not be returned. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, October 18, 2013. SELECTION PROCESS: The selection of art for the 2014 Initial Point Gallery Series will be made by MAC. MAC will notify Selectees by letter sent U.S. Mail. In evaluating eligible proposals, the following factors will be considered: • Quality of work; • Appropriateness of subject and concept for a functioning government workplace; • Consistency with City policy and community values; and • Contribution to aesthetic and cultural atmosphere of Meridian City Hall. RESOURCES PROVIDED UPON SELECTION: The City of Meridian wilt provide selected artistslorganizationswlth the following resources: • Volunteers to assist artist/organization with installing and removing each piece of artwork; • Track system for hanging 2D arfi and four enclosed pedestals for 3D art; • Space for artist information and/or an information board; and • Publicity of the exhibit through City contacts, local media, and other informational forums. CONTACT MAC: By mail: McNdian Arks Commission Attn: 2014 Initial Point Gallery Series /"1 33 East Broadway Avenue Meridian ID 83642 By a-mail: macG~meridiancity.org 1 /.~ ~~_}__e i L:~7 ~~'. J ,<~ :: Y~ ~' { ~fr ~ '~ ~:_~1 k i~~~v,- ~ ~ ~ ry ...'~~r .._- -- ~ ~~ ~- , ~ d ~~ ~.._ .~--s- = - - - --^^. ~;h -~, ~ i ~~, -~ .,L'am`. _ ~ s _. __ _____ r1~= Y^ c 5 ~ _ ~ ' ,~ ~~~ ~ _ a y ~ s ;.! ~ ~ ~~ f f y s;__ > ~ ~ j v~.f - , . i ~;,' ~ f~ l:= r (`~ t ~ t, ~ . ~ ~~~ 3 s~ 1 ~ t ~'yl ~E Meridian. City Council Meeting DATE: January 28, 201.4 ITEM NUMBER: 5B PROJECT NUMBER: ITEM TITLE: Acceptance Agreement Initial Point Gallery Acceptance Agreement: Display of Artwork of Nampa Art Guild in Initial Point Gallery from June 27 to August 1, 2014 MEETING NOTES ' ~~ ~ ~ ~ ~ ~ ~a ~~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTJON DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DISPLAY OF ARTWOI{K ~ ~ IAL P~ ~ ~GALLE T. ~ RY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN :INITIAL POIN GALLERY,IVIERIDIAN CITY HALL (``Agreement") is made on the ~~' day of..:~0.r~u 014 ("Effective Date"), by and between the City of Meridian, a municipal corporation or anzed u laws of the State of Idaho ("City"), and Ilse Sc • g_----per the {"Organization"), a nonprofit corporation organzied uncle the aws af~the St to of daho.pa ~ Guild WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as Exhibit A, seekin proposals for the display of artwork in Initial Point Gallery, an .art gallery on the third floor of Meridian City Hall, the address of which is 33 E. $roadway Ave., Meridian, Idaho ("Initial .Point Galle " rY )~ .WHEREAS, in response to the Call to Artists, Organizer did submit a proposal, comprised of the materials attached hereto. as Exhibit B ("Proposal"),.for the display of artwork 'in Initial Point Gallery; WHEREAS, on October24, 2013, the Meridian Arts Commission ("Commission");reviewed the responses to the Call to Artists, selected Organization's work for display based an the Proposal, and recommended to the Meridian City Council that Organization's artwork, as depicted in the Proposal,`be displayed in Initial. Point Gallery; ~ WHEREAS, at its regular meeting on December 10, 2013, the Meridian City Council adopted such recommendation and directed the Commission to work with Organization to establish a display'of Organization's artwork in Initial Point Gallery; and WHEREAS, the Parties acknowledge that Meridian. City Hall is primarily a place ofpublc business, that Initial :Point Gallery is a public place, and that while the City seeks to encourage artistic expression and: public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, far good and valuable consideration, the receipt and sufficiency of which is .hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained,. the Parties agree as follows: I. SCOPE OF SERVICES. ..Organizer shall personally deliver to initial Point Gallery, on June 27,.2014, at 9:00 a.m., or at such time and date as is .mutually agreed-upon by the Organization,and the Gallery Curator, artwork which shah substantially conform to the description of such artwork set forth in Exhibit B hereto. Organizer shall be responsible for hanging such artwork on June 27, 2014 at the direction of the Gallery Curator; shall allow the display of such work in initial Point Gallery :from June 27, 2014 to August 1, 2014, in accordance with the terms of this Agreement; and shall be .responsible for removal of such artwork on August 1, 2014,. at 9:00 a.m., or at such time and. date as is mutually agreed upon by the :Organizer and the Gallery Curator. AGCEPTAIVGE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 1 /'\ II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Organizer shall display the artwork of Organization in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Organizer or Organization for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Organizer or Organization may, at the direction of and in the manner established by the Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of artwork; any transaction related to the sale of artwork shall be handled solely by Organizer or Organization. Organizer acknowledges the Commission's request that Organization voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Organizer may remove such artwork from the Gallery, provided that Organizer replaces the removed piece with another piece of artwork within twenty-four (24) hours of such removal. Organizer shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III. TIME OF PERFORMANCE. ~„~ Organizer shall coordinate and/or provide the services described in this Agreement in a timely manner, as described herein. Organizer acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV. INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Organizer shall coordinate any and all such activity with the Gallery Curator. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Organizer for display in Initial Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached hereto as Exhibit A, and the Application and Acknowledgements Form attached hereto in Exhibit B, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in Exhibits A and B, does not reflect artwork as described and depicted in the Proposal set forth in Exhibit B, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 2 V. DISPLAY. ^. A. Original artwork. Organizer and Organization warrants that all artwork provided for display in Initial Point Gallery shall be, and is, original work conceived and created by members of Organization. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City's authority, the artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of names. Organizer hereby conveys to City permission to use Organization's and its members' names for purposes of advertising, marketing, and public information, without violation of Organization's or its members' rights of privacy or any other rights Organization or its members may possess under this Agreement, provided that City shall not use Organization's logo(s), if any, for any purpose without the express, written permission of Organizer. D. Use of City's name. City hereby conveys to Organization permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that neither Organizer nor its members shall use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. E. Removal of artwork by City. City shall have the right to remove artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty- eight (48) hours, City shall notify Organizer in the manner set forth herein. While it is intended that Organization's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period maybe shortened by City for any reason without notice. F. Removal of artwork by Organization. Organizer shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one artist or organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI. INDEMNIFICATION, WAIVER, AND INSURANCE. A. Indemnification. Organizer, Organization, and Organization's members, shall, and hereby do, indemnify, save, and hold harmless the City and any and all of its employees, agents, /'1 volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 3 Organizer, Organization, Organization's members, or such parties' volunteers, servants, agents, employees, guests, and/or business invitees. B. Waiver. Organizer and Organization shall, and hereby do, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Organizer's or Organization's performance of this Agreement, whether such loss or damage maybe attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance is Organization's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Organization or its members in the furtherance of the respective rights or obligations described herein. Insurance of the artwork; of the Organization's or its members' persons, property, or interests; and/or of the Organization's or its members' employees or agents shall be the sole responsibility of Organization. Organization or its members shall obtain all necessary insurance as maybe required in order to protect those parties' insurable interests for their rights and obligations described within this Agreement, including, but not limited to, liabilit3- insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery, Organization shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Organizer, Organization, or its members have failed to comply with any team or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if any Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of intent to terminate, and shall specify the grounds for termination. The defaulting party shall have twenty-four (24) hours after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Organizer, Organization, or its members. C. Termination due to death or incapacity. This Agreement shall automatically terminate upon the death or incapacity of Organizer. D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be ^, construed as a waiver of a breach of the same or any other provision hereof. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 4 VIII. GENERAL PROVISIONS. ~"\ A. Relationship of Parties. It is the express intention of Parties that Organizer, Organization, and Organization's members are independent parties and not employees, agents, joint venturers, or partners of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Organizer, Organization, or its members and City or between Organizer, Organization, or its members and any official, agent, or employee of City. Both parties acknowledge that neither Organizer, nor Organization, nor Organization's members are employees of City. Organizer, Organization, and Organization's members shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Organizer, Organization, and Organization's members shall comply with any and all applicable federal, state, and local laws. C. Non-discrimination. In fulfilling or exercising any right or obligation under this Agreement, neither Organizer nor Organization shall discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution ~ hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Organization shall not subcontract or assign any of Organization's obligations under this Agreement that require or that may require their artistic talent or expertise. Organization may subcontract or assign obligations that do not require artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 5 I. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise state in this Agreement, shat) be in writing and shall be deemed communicated u on mai)i d United States Mail, addressed as follows: p ng by t-"•,_-- -- ---_ Ilse Schreiner .~u.~~x uuz-aior: Dwi ht Williams - ~ C'it : _ -- _Nampa_- Art Guild -__ Meridian Arts Commi i Emil Kane 3fi1 I Sumrnerset Wa -------- 3'_ ____~ _. ~ ss on __ 33 E. Broadway Ave ~- Deput Cit Attorne ____~ Bazse ID 83709`_ ~. __ _ , 'Meridian Idaho 83642 33 E, Broadway Ave. 208-362-2416 , _ ____ ~ -~ 208 887-6473 Met, i_ than, Idaht~ 836 inschreiner(c~r aaI com - ' dwi h#S332naq.com 208 898_-__5506 ~Uana~w- -__ --- ,- ~'1 of ~ ,the parties hereta have .executed this Agreement on this ,.~ U1day ~- , 20.14. -- Any pa2-ty may change its respective address far the purpose of this paragraph b `vin = natice of such change in the manner herein provided. y g g written •~• Warranty of authority, t)rganizer expressly wan•ants that, to the extent set forth herein Organizer is duly authorized to act as the representative and agent of Qrganization and and all of its members. Or = of each tanizer further warrants that Organizer is authorized to bind Organization and its members and principals to the obligations set forth herein, and to acce t theliabilities as established herein on .behalf of Organizatian and its members and ~•inei p p pals. K. City Council approva) required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution Qfthis A teem by the Persons referenced below prior to such ratification ar apprava) shall not be c g ent proof of validity in the absence of Meridian City Council approval. onstrued as I;~I WIT'NESS WHEREOF ORGANILEK: Ilse Schreiner ~~``°° CITY QF MERIDIAN: BY: -t%Gl_J _, - Tammy de ee Ma or ~~~~--___ Y ,.,~ ~~ ~ -~ Attest: Jaycee o man, City Clerk ~~, ., ~_ . ~~:~~ ,~ ~, ACC:FPTANCE AGREEMCNT tNITtAt: POIN'i' VAt.t.EiRY DiSPI,AY PAGE: $ ~~ Exhibit A ~~ Meridian ~ Commission Call for Artists: 2014 INI~'IAL POINT GALLERY SERIES OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals for the display of two-dimensional and/or three-dimensional artwork as part of the 2014 Initial Point Gallery Series, a series of one•month exhibitions in Initial Point Gallery. initial Point Gallery is located on the third floor of Meridian City Hatl (33 E. Broadway Avenue, Meridian, Idaho), and is open to the public during City working hours. Initial Point Gallery provides 120 feet of total wall space for hanging two- dimensional artwork, and four enclosed display cases for three-dimensional artwork. MAC requests that artists voluntarily donate to MAC 20% of proceeds from sales of art displayed in Initial Point Gallery. ELIGIBILITY: Two-dimensional works displayed in Initial Point Gallery must be comprised of professional-quality, ready-to-hang, original art; artwork on paper must be under glass or acrylic. Selectees must fill all or half of the gallery. Three- dimensional works may be of any medium, but must fit within the four supplied display cases. No artwork will be displayed which: cannot be safety hung or displayed using the gallery's equipment; requires unusual maintenance, handling, or security; or is disruptive or likely to offend the sensibilities of the general public. Each piece to be displayed will be evaluated for its compliance with these general requirements. Selectees will be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display. Selectees and invitees may reapply biennially and if selected again, 75% of the display must be artwork that has not been previously displayed in Initial Point Gallery. Small, informal groups of 2-4 artists are encouraged to propose an exhibition including all artists' work. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2014 Initial Point Gallery Series must provide the following materials and information to MAC in order to be considered for selection. ~e Completed, signed Application it Acknowledgements form; Biography of the artist or informational statement regarding organization; • Letter of intent; • Five (5) digital images representational of the works proposed for display, on a CD (for organizations, each image must be of a different artist's work); and • $35 gallery maintenance fee (nonrefundable). Details and forms are available at the City's website, http://www.meridiancity.org or upon request. Limited assistance producing digital images may be available upon request. Materials submitted will not be returned. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, October 18, 2013. SELECTION PROCESS: The selection of art for the 2014 Initial Point Gallery Series will be made by MAC. MAC will notify Selectees by letter sent U.S. Mail. In evaluating eligible proposals, the following factors will be considered: • Quality of work; • Appropriateness of subject and concept for a functioning government workplace; • Consistency with City policy and community values; and • Contribution to aesthetic and cultural atmosphere of Meridian City Hatl. RESOURCES PROVIDED UPON SELECTION: The City of Meridian will provide selected artists/organizations with the following resources: • Volunteers to assist artist/organization with installing and removing each piece of artwork; • Track system for hanging 2D art and four enclosed pedestals for 3D art; • Space for artist information and/or an information board; and ^• Publicity of the exhibit through City contacts, local media, and other informational forums. INTACT MAC: By mail: By a-mail: Meridian Arts Commission Attn: 2014 Initial Point Gallery Series 33 East Broadway Avenue Meridian ID 83642 mac@meridiancity. org /~ Exhibit B /'~ ~~ g8 c 'iL act $v~ 4. ro ~~ .a ~ r m ~ ro v m ~++° y ~iw~o „~,$ N ro ~a~ 8 d~L~ $La. d N ro N w~$- a '~' °vF,rd ~,~8°~ .°'. 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LL r- z ~ •'o • ;LL E}~~u ~c w'3°a ' Y ¢ ~d~~~ ~~~ ~~ LETTER OFINTENT-NAMPA ART GUILD Vision The Nampa Art Guild stated purpose is "to advance the study, participation and interest in art". Participation in this show will enable many member artists to share their studies and perspectives with the wider community. Both experienced artists and our newer members will be encouraged to submit their work. Two dimensional works in a variety of media should provide everyone who visits with the joy of viewing fine works by local artists. Pieces We plan to submit 40 pieces oftwo-dimensional artwork in varied sizes. They will range from full sheets to quite small, but we expect most to range from 16x20 to 22x28. If necessary, we will limit the number of full sheets to no more than 4.Our submissions may include watercolor, acrylic, oil, pastel, ink, and graphite. A call will go out to members asking them to enter one piece each and the first forty to • answer will enter the show. Pub. licity Our publicity chairman will submit articles or announcement to the Idaho Press Tribune and The Idaho Statesman. We will also advertise on our website htta://www.nampaart~uild.ore. In addition, we plan to hold an opening show event for the viewing public to meet the artists. Atypical issues or challenges There should be no issues with hanging the show. The Nampa Art Guild has a show in May and another at the end of October going into the beginning of November. We would appreciate that if you accept us into your show schedule, you could put us in a month that does not overlap with these shows. Enclosures Enclosed with this application is a CD with five representational artists in our group. Also enclosed is a check in the amount of $35. /"\ /~ NAMPA ART GUILD BIOGRAPHY Who we are Now over 50 year old, the Nampa Art Guild's stated purpose, "to advance the study, participation and interest in art"' offers a large array of experiences for amateurs to professionals. Our membership includes artists living in Nampa and the surrounding areas from Boise to Murphy and Emmet. Our membership is currently about 150 artists. Activities The Nampa Art Guild holds weekly meetingwhich include open-paint days and paint-along opportunities. Additional workshops and monthly demonstrations featuring well-known regional artists round out the monthly calendar. Community involvement Each year, the Nampa Art Guild has two shows at the Nampa Civic Center. The spring show is for member only and is judged in categories from beginner to advanced. The fall show is juried and open to the entire artist community. e'--~ L ? _~~_] fir; I ~ .~~ ra f - y _ ~ ' i~ ~ ~ i' ~ .1~ k~,~ i ( `~ - ~; ~ ~ ~ ~ - ` ~ ~ ~ .s- -9 r ' :f A ~f I ~ ~ f '~, ' _~ ~,~~ . .: ~ ~ ' ,y "' r ~r ~ ,/ ~ ~ f ~ ~ ~ ~(-~-: :~ I ~ - Vic' vEvif. lam. ~ -- ~ _° ~ Y'~ ~ l , ~ S. 1 , 1j .~ ~ ,~f '~~ . '3~ ,,? 3 j ~1 ~ ~ r ~~~ , . ~ , ~~; i _. - . -. 5ti , h --- gar+',• ~~~t rye + ~ ~ ,~ ~, 1 _ { _ 1 ,~ ~ } ~'yy~„ ` 3 ~ ~ ~ ~ . ~ 'r . ~ ~ -s' ~,~ ; 1 S~ y < `,~ r~~~ ~ `+• T l s 4 f' 'a. ~` ~ ~~ ' ~,.. ~ ~;. ,4,' ~ v #~ II ~V ,~, I v _ ~._ I ~ ~1, f-,~ 4 ~~ , f~ -~ , Y ~~~ y ~ is t , f ~,~', 1i y 'i t r} #'Y ~ .i rti ~ ~a` ~. ~'a ~ .- ~ ~t~ ~l ~ :°~ ~~ 1 .~~ ~,• r j~~' ~ ~ %' Y:~ J ~ . , ~ ~ ~ :1 Z ~~ F t 4' f ~~~ r v ~ a ~ z ~=~-r ~ T~1~~,~7# If f 1 ~~ ~~~ ~ut a~i~ ; '= S Y '~t r~ + ~ t ,~ ~" ..~ r ~ 3 r ~'1S Y 4. i. ~ ~< `~ ~~ - 4 't' 1 F b' ` ~ ~{ } `r-1 ~~ ~;;~. t:iiy4 ~ _ Meridian City Council Meeting DATE: January 28, 2014 ITEM NUMBER: 5C PROJECT NUMBER: ITEM TITLE: MOA AMEND CURRENT COLLECTIVE BARGAINING AGREEMENT Memorandum Of Understanding To Amend Current Collective Bargaining Agreement To Allow The Open Entry Level Firefighter Position To Remain Unfilled MEETING NOTES u ~4PP~t€D Community Item/Presentatlons Presenter Contact InfoJNotes CLERKS OFFICE FINAL ACTION DATE: E-MANED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS n MEMORANDUM OF UNDERSTANDING TO AMEND.. CURRENT COLLECTIVE BARGAINING AGREEMENT TO ALLOW THE OPEN ENTRY LEVEL FIREFIGHTER POSITION TO REMAIN UNFILLED This Memorandum of Understanding is entered into this day of v a , 201.4, by and between IAFF Local 4627 ("UNION") and the City of Meridian ("C TY"). WHEREAS, the UNION and the CITY are parties to a Collective Labar Agreement. effective October 1, 2012 -September 30, 2014 ("CLA") covering various terms and conditions of employment of the Firefighter employees of the CITY; and WHEREAS, the parties agree that Article 14 -Vacancies, states; Any unfilled position caused by termination, retirement, promotion or otherwise, except for personnel reduction as provided elsewhere in this Agreement, shall be filled from a hiring list of eligible applicants on file for that position.. If there is no existing list then entry level positions will be filled within one hundred eighty (180) days of the opening. WHEREAS, the parties agree that the current open position of Entry Level Firefighter as outlined in the contract falls under Article 14 and there is a need to leave the position unfilled for the time being. The filling of this position is being postponed until such time that the UNION and the CITY agree that .conducting an academy for this position is warranted. WHEREAS, the parties agree there is a future need .for the position of Entry Levet Firefighter. THEREFORE, the parties agree to maintain this MOU as active until the position of Entry Level Firefighter is filled or until September 30, 2014. ~S Jn+~~2y, 2a1 `-f Erik S ith, President Date Local 4627 PASSED by the City Council of the City of Meridian, Idaho, this ~~~ay of 2Q14. APPROVED by the Mayor of the City of Meridian, Idaho, this ~~f day of 2014. .APPROVED: ...~.. E~ ATTEST: Y R K r `~ € '~ "~~- - Memorandum of Understanding to Allow the Open Entry Level Firefighter Position to Remain Unfilled Meritlian City Council Meeting DATE: January 28, 2014 ITEM NUMBER: 5D PROJECT NUMBER: ITEM TITLE: AMENDED CDBG NEIGHBORHOOD HOUSING SERVICES Amended Community Development Block Grant (CDBG) Sub-Recipient Agreement with Neighborhood Housing Services MEETING NOTES ~.-, U/ A~~If~~~t~ .Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTON DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS FIRST ADDENDUM to ~ SUBRECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND NHS LENDING, INC. FOR PY 2012 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This FIRST ADDENDUM to SUBRECIPIENT AGREEMENT BETWEEN CITY OF :MERIDIAN AND NHS LENDING, INC. FOR PY 2012 COMMUNITY .DEVELOPMENT BLOCK GRANT FUNDS ("First Addendum") is made this ~.~ day of,;~ ~, 2014 by and between the City of Meridian, a municipal corporation organized under the laws of the ate of Idaho {"City") and NHS Lending, Inc., a nonprofit organization organized under the laws of the state of Idaho. {"Subrecipient"). WHEREAS, on January 22, 2013.., Subrecipient and City entered into a Subrecipient Agreement for PY2012 Community Development Block Grant Funds ("January 22, 2013 Agreement") establishing rights ~.nd respensiblities rebarding the investme..± of £'o*rz:~urity Development Bleck Grant ("CDBG") funds in Subrecpient's programming; WHEREAS, Subrecipient requires additional time to complete such programming;: NOW, THEREFORE, in consideration of the mutual covenants of the parties, the .Parties agree as follows: I. AMENDMENT. Section I(F) of the January 22, 2013 Agreement between the parties shall be amended. ~ to read as follows: Time of performance. Services of Subrecipient shall start on or before December 31, 2012 and end on July 31, 2014. The term of this Agreement and the provisions herein shall be extended to cover any additional time period. during which Subrecipient remains in control of CDBG funds or other CDBG assets, including program income. II. ALL OTHER PROVISIONS IN EFFECT. Except as expressly modified by this First Addendum or other duly executed addenda, all provisions of the January 22, 2013 Agreement shall :remain in full force and effect. No other understanding, whether oral or written, shall be deemed to enlarge, limit or otherwise affect the operation of the January 22, 2013 Agreement or this First Addendum thereto. II~T ~~ITNESS `'VHEREOF, the pa.~ties shall 4ai1J4 this First Addendum to be executed by tl?eiT duly authorized officers to be effective as of the day and year first above written. SUBRECIPIENT: NHS Lending, Inc. d ;=~- ~y: Joe Swenson, CEO CITY OF MERIDIAN: ^' BY: ''~~ La:e Tammy de W d Mayor ~_ Meridian pity Council Meeting DATE: January 28, .2014 ITEM NUMBER: 5E PROJECT NUMBER: ITEM TITLE: AWARD OF BID NW 8TH STREET SEWER TRUNK MAIN PHASE 2 Award of Bid and Approval of Agreement for the "NW 8th Street Sewer Trunk Main - Phase 2 Broadway to Cherry Lane" project to McMaster Construction. 8~ Development, Inc. for the Not-To-Exceed amount of $803,370.80. MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION ~~: E-IYWLED TO 8TAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS . Date: /~ und: CITY OF MERIDIAN CONTRACT/AGENDA REQUEST CHECKLIST 1/22/2014 REQUESTING DEPARTMENT PW -ENGINEERING 60 Department: 3590 GL Account: 95000 Project # 10329A Construction: X PSA: Task Order: Project Name: NW 8TH STREET SEWER TRUNK MAIN -PHASE 2 BROADWAY TO CHERRY LANE Project Manager: John Boyd Department Representative: n/a Contractor/Consultant/Design Engineer: McMaster COI1StrUCtlOn & D@VelOpment - Murray Smith & ASSOCIateS Budget Available (Attach Report): Yes Contract Amount: $803,370.80 Will the project cross fiscal years? Yes No X Budget Information: FY Budget: 14 Enhancement #: 7 Grant #: Other: Type of Grant: CONTRACT`CHECKLIST BASIS OF AWARD ~ Bidder X Highest Rated Master Agreement (Bid Results Attached) Yes (Ratings Attached) (Category) Typical Award Yes X No If no please state circumstances and conclusion: 10 Day Waiting Period Complete: Yes PW License # 4466 Date Award Posted: January 10, 2014 Current? jattach print out) YeS Corporation Status (Attach Print Out): GOOdStanding Correct Category? Yes Insurance Certificates Received (Date): January 17, 2014 Rating: A Payment and Performance Bonds Received (Date): January 17, 2014 Rating: A Builders Risk Ins. Req'd: Yes No X If yes, has policy been purchased? n/a l1 Submitted to Clerk for Agenda: January 22, 2014 Approved by Council January 28, 2014 Issue Purchase Order No, Date Issued: WH5 submitted Issue Notice of Award: Date: NTP Date: /~ Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, Clint Dolsby Dater 01 /22/14 Re: January 28~' City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the January 28 City Council Consent Agenda for Council's consideration. vrvwri~ ~ w~ n, a w. w~ ai tv ~ yy y y yu ccl a.7GVVG1 I I ul In IVIQII I r I IQ.1. G L DI VQUVVI Cherrv Lane -Construction" project for aNot-To-Exceed amount of $803 370 80 Recommended Council Action: Award of Bid and Approval of Agreement to McMaster Construction & Development, Inc. for the Not-To-Exceed amount of $803,370.80. Thank you for your consideration. /'~ • Page 1 ,~ ~~i~E IDIAN~-- Public IDAHO ~1lorks Department TO: PURCHASING FROM: John Boyd Engineering Technician II DATE: December I8, 2013 Mayor Tammy de Weord City Connell Membor~~ Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: AUTHORIZE CONSTRUCTION OF THE NW 8T" STREET SEWER TRUNK MAIN -PHASE 2 (PROJECT #10329A) FOR ANOT-TO-EXCEED AMOUNT OF $970,000.00. PLEASE PLACE ON NEXT AVAILABLE CONSENT AGENDA I. DEPARTMENT CONTACT PERSONS John Boyd, Engineering Technician II ...............................................................................489-0364 Clint Dolsby, Asst. City Engineer ......................................................................................489-0341 Warren Stewart, PW Engineering Manager .......................................................................489-0350 John McCormick, Deputy Director of Public Works .........................................................489-0378 Tom Barry, Director of Public Works ................................................................................489-0372 II. DESCRIPTION A. Background In early 2011, the Public Works Department (PW) undertook a design project to' rehabilitate the existing 18" sewer trunkline between W. 7th Street and W. 8th Street from W. Broadway Avenue to W. Cherry Lane. The preliminary engineering revealed the existing sewer trunkline was located in backyards and an alley which provided limited access for cleaning and maintenance. Additionally, a portion of the existing sewer trunkline has no access or maintenance easement. Due to these factors, Murray Smith & Associates (MSA) was contracted and completed a design to relocate the line within the W. 8th Street and W. 7th Street rights-of--way (ROW). B. Pro osn ed Pr~ect This project is Phase 2 of 3 and consists of constructing an 18" sewer trunkline in NW 8`~' Street from W. Carlton Avenue to W. Broadway Avenue with several individual services and side sewers. The remainder of the design for the 3`d Fhase will be completed this fiscal year with construction planned for FY15. Page 1 of 2 /" t nI. Available Project Funding The project will be funded with existing City funds from the following account. Sewer Line Replacements (60-3590-95000) ................................................... $970.000.00 Total Phase 2 Funding ..................................................................................... $970,000.00 IV. C. Contractor Selection Bids will be opened for this project on January 10, 2014. IMPACT A. Service/Delivery Irnpact: The construction of this sewer line will complete the second phase of the trunkline relocation and with this approval will enable the construction to commence this Escal year. B. Strate is Im act: This project meets our mission requirements to identify and prioritize work to anticipate, plan and provide public services and facilities that support the needs of our growing community and ensure modern reliable facilities while maintaining financial stewardship. C. FiscalImpact: LIST OF ATTACHMENTS A. Engineering Estimate APPRO FOR BID /AWARD PROCESS amen Stewart, PE -Engineering Manager /2 J l3 Date Page 2 of 2 n o ~ ~ ., a :S d ? .- V ` z ~ ~ ~ ~ ~ ~ < ~ ~ ~ C ~ \ ~ ~ 1 C ~ t ~ C ~ ~ ~ ~ w ~ J W ~.3 N , N 4 ~ d y Z v c m v a N w 0 ~. ~~J C r y AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES ^' NW 8T" STREET SEWER TRUNK MAIN -PHASE 2 CONSTRUCTION BROADWAY AVE. TO CHERRY LANE PROJECT # 10329A THIS AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES is made this 28T" day of January, 2014, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and McMaster Construction & Development. Inc., hereinafter referred to as "CONTRACTOR", whose business address is 16166 N. 20 , Nampa, ID 83687 and whose Public Works Contractor License # is 004466. INTRODUCTION Whereas, the City has a need for services involving NW 8`h Street Sewer Trunk Main -Phase 2 Broadway Ave to Cherry Lane -Construction; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves aroyalty-free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. NW 8T" STREET SEWER TRUNK MAIN -PHASE 2 page 1 of 13 Project 10239A 1.3 The Contractor shall provide services and work under this Agreement ~ consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the Contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on aNot-To-Exceed basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof for the Not-To-Exceed amount of $803,370.80. 2.2 The Contractor shall provide the City with a monthly statement and i"~ supporting invoices, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, or (b) unless sooner terminated as provided below or unless some other method or time of termination is listed in Attachment A. NW 8T" STREET SEWER TRUNK MAIN -PHASE 2 page 2 of 13 Project 10239A 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any part of the compensation set forth in Attachment B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.4 TIME FOR EXECUTING CONTRACT AND LIQUIDATED DAMAGES Upon receipt of a Notice to Proceed, the Contractor shall have 154 (one hundred fifty four) calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of $500 (five hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. All Irrigation Crossings shall be completed by March 15, 2014. Contractor shall be liable to the City for any delay beyond this time period in the amount of $250.00 (two hundred fifty dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. n Substantial Completion shall be accomplished within 139 (one hundred thirty nine) calendar days from Notice to Proceed. Substantial completion for this project shall be described as completion of all work within the Right of Way. Contractor shall be liable to the City for any delay beyond this time period in the amount of $500.00 (five hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. 4. Termination: 4.1 If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished i'`~ documents, data, and reports prepared by CONTRACTOR under this Agreement NW 8T" STREET SEWER TRUNK MAIN -PHASE 2 page 3 of 13 Project 10239A shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 4.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 5. Independent Contractor: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Attachment A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5.2 Contractor, its agents, officers, and employees are and at all times during the ~~ term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 5.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. &. Indemnification and Insurance: 6.1 CONTRACTOR shall indemnify and save and hold harmless CITY from and for any and alt losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain. and specifically agrees that it will maintain throughout the term of this Agreement liability insurance, in which the CITY shall be named an additional insured in the /'\ minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per NW 8T" STREET SEWER TRUNK MAIN -PHASE 2 page 4 of 13 Project 10239A incident or occurrence, Automobile Liability Insurance One Million Dollars n ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required bylaw.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer ~ shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6.3 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance orself-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 6.4 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.5 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 6.6 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. ~1 NW 8TH STREET SEWER TRUNK MAIN -PHASE 2 page 5 of 13 Project 10239A 7. Bonds: Payment and Performance Bonds are required on all Public Works Improvement Projects per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference-are made a part hereof. 8. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance per the ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. All items found to be defective during a warranty inspection and subsequently corrected will require an additional two (2) year warranty from the date of City's acceptance of the corrected work. 9. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: CITY CONTRACTOR City of Meridian McMaster Construction & Development, Inc. Purchasing Manager Attn: Eric Bird 33 E Broadway Ave 16166 N. 20th Meridian, ID 83642 Nampa, ID 83687 208-489-0417 Phone: 208-461-1234 Email: ericQa mcmasterconst.com Idaho Public Works License # 004466 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 10. 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 attorneys' 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. 11. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 12. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. NW 8T" STREET SEWER TRUNK MAIN -PHASE 2 page 6 of 13 Project 10239A ~` 13. Discrimination Prohibited: In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 14. Reports and Information: 14.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 14.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 15. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITYto audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 16. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 17. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 18. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 19. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. NW 8T" STREET SEWER TRUNK MAIN -PHASE 2 page 7 of 13 Project 10239A ~ 20. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 21. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 22. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 23. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 24. Public Records Act: Pursuant to Idaho Code Section 9-335, et seq., information or documents received from the Contractor may be open to public inspection and copying unless exempt from disclosure. The Contractor shall clearly designate individual documents as "exempt" on each page of such documents and shall indicate the basis for such exemption. The CITY will not accept the marking of an entire document as exempt. In addition, the CITY will not accept a legend or statement on one (1) page that all, or substantially all, of the document is exempt from disclosure. The Contractor shall indemnify and defend the CITY against all liability, claims, damages, losses, expenses, actions, attorney fees and suits whatsoever for honoring such a designation or for the Contractor's failure to designate individual documents as exempt. The Contractor's failure to designate as exempt any document or portion of a document that is released by the CITY shall constitute a complete waiver of any and all claims for damages caused by any such release. 25. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 26. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. NW ST" STREET SEWER TRUNK MAIN -PHASE 2 page 8 of 13 Project 10239A CITY OF MERIDIAN BY: ~i,~i~, ~~~C~c'G~ TAMMY de RD, MAYOR Dated: ~ ' ~~- ~~ MCMASTER CONSTRUCTION & OEV. INC. ERIC BIRD, V1C Sli7E1~t Dated: ~ ,~~'"- ~~ "°~ Approved by Council:-~,~!~~„b ~~ f Att st_ c1 ~ G2.-s,^---' CE . HOLMAN, CITY CLF~K ;, ~~ .. Purchasing Approval ~ apartment Approval //~~ . ~.. KEITH- S/, Purchasing Manager RREN STEWART, Engineering Manager Dated:: I! 2 ~~ ~'~ Dated:: ~~~'~/jif NW 8T" STREET SEWER TRUNK MAIN.- PHASE 2 page 9 of'13 Project 10239A Attachment A SCOPE OF WORK REFER TO INVITATION TO BID PW-14-10329.A n ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW-14-10329.A, are by this reference made a part hereof. NW 8T" STREET SEWER TRUNK MAIN -PHASE 2 Project 10239A page 10 of 13 Attachment B MILESTONE /PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $803,370.80. ~~ MILESTONE DATES/SCHEDULE Milestone 1 All Irrigation Crossings March 15, 2014 Milestone 2 Substantial Completion 139 (one hundred thirty-nine) da s Milestone 3 Final Acceptance 154 (one hundred fifty four) days PRICING SCHEDULE Contract includes furnishing all labor, materials, equipment, and incidentals as required for the NAME OF PROJECT per IFB PW-14-10417.C CONTRACT TOTAL ....................... $803.370.80 CONTRACT IS A NOT TO EXCEED AMOUNT. LINE ITEM PRICING BELOW WILL BE USED FOR INVOICE VERIFICATION AND ANY ADDITIONAL INCREASES OR DECREASES IN WORK REQUESTED BY CITY. Bid Schedule Item No. Descri tion Quantit Unit Unit Price 201.4.1.F.1 ABANDONMENT OF SANITARY SEWER AND 16 EA $1 680.00 IRRIGATION MANHOLE , 205.4.1.8.1 DEWATERING 1 LS $1.20 8" MINUS UNCRUSHED AGGREGATE -For 306.4.1.D.1 subgrade repair (only if requested by ACHD and approved by 4,541 CY $6.60 the City of Meridian in writing) TYPE P SURFACE RESTORATION FOR SEWER 307.4.1.G.1. MAIN (ROW ONLY) - 3" CLASS III AC 6,886 SY $21.10 PAVEMENT (includes road base and pit run) RESTRAINED WATER MAIN PIPE -SIZE 10" PVC $65.20 (includes pipe, connections, excavation, 401.4.1.A.1 bedding, restraints, thrust blocking, backfill, 447 LF cleaning, disinfection and testing, and all appurtenances not itemizing in the Bid Schedule) NW 8T" STREET SEWER TRUNK MAIN -PHASE 2 Project 10239A page 11 of 13 ~\ /~ ~~ WATER MAIN FITTING -SIZE 10" -TYPE 22,5 or $307.00 401.4.1.8.1 45 DEGREE ELBOW 4 EA $717.00 401.4.1. B.1 WATER MAIN FITTING -SIZE 10" -TYPE TEE 2 EA $1,900.00 402.4.1.A.4 VALVE -SIZE 10" -TYPE GATE VALVE 1 EA WATER SERVICE CONNECTION $1,143.00 (includes excavation, bedding, backfill, service line, service tap and saddle, corporation stop, 404.4.1.A.1 all appurtenance not itemized in the Bid 4 EA Schedule, and surface restoration not included in other bid items) GRAVITY SEWER PIPE SIZE 18" PVC $66.20 501.4.1.6.1 (includes excavation, bedding, backfill, etc.) 1,761 LF GRAVITY SEWER PIPE SIZE 8" PVC $50.90 501.4.1.6.1 (includes excavation, bedding, backfill, etc,) 1,141 LF $4,670.00 502.4.1.A.1 SANITARY SEWER MANHOLE - 48' DIAMETER 13 EA $8,210.00 502.4.1.A.1 SANITARY SEWER MANHOLE - 60' DIAMETER 2 EA SEWER SERVICE LINE, SIZE 4" $15,00 (includes excavation, bedding, backfill, 504.4.1.A.1 cleanouts, surface restoration not included in 2,207 LF other bid items, potable/non-potable crossing) SEWER SERVICE LINE, SIZE 6" $17.00 (includes excavation, bedding, backfill, 504.4.1.A.1 cleanouts, surface restoration not included in 2,374 LF other bid items, potable/non-potable crossing) 601.4.1.A.5 STORM DRAIN PIPE, Class 12" DIAMETER SOLID 241 LF $112.60 WALL PVC $4,560.00 602.4.1.A.1 STORM DRAIN MANHOLE - 48" DIAMETER 2 EA IRRIGATION PIPE, Class 12" DIAMETER SOLID $125.00 601.4.1.A.1 74 LF WALL PVC 602,4.1.N.1 PRECAST CONCRETE IRRIGATION STRUCTURE - 1 EA $4,290.00 IRR-1.0 602.4.1.N.1 PRECAST CONCRETE IRRIGATION STRUCTURE - 2 EA $3,170.00 IRRIGATION BOX MISCELLANEOUS PAVEMENT-TEMPORARY $26.30 810.4.2 ASPHALT PAVEMENT 942 SY (only if requested by ACHD and approved by the City of Meridian in writing) $25,400.00 1001.4.1.A.1 STORMWATER POLLUTION PREVENTION PLAN 1 LS $ 24,100.00 1103.4.1.A.1 CONSTRUCTION TRAFFIC CONTROL 1 LS $33,000.00 2010.4.1.A.1 MOBILIZATION 1 LS NW 8T" STREET SEWER TRUNK MAIN -PHASE 2 Project 10239A page 12 of 13 ~\ SEWER SERVICE -EXCAVATION/PLUMBING $38.00 SP1-1A pERMIT (FIXED COST) 37 EA SEWER SERVICE/WATER SERVICE - $50.00 SP1-1B EXCAVATION/PLUMBING PERMIT (FIXED COST) 9 EA WATER SERVICE -EXCAVATION/PLIMBING $38.00 SP1-1C pERMIT (FIXED COST) 1 Ea. SPl-2 6" SLEEVE FOR SEWER SERVICE - C900 PVC - 240 LF $14.90 POTABLE/NON POTABLE CASING SP1-3 8"SLEEVE FOR SEWER SERVICE LINE - C900 180 LF $21.50 PVC -POTABLE/NON POTABLE CASING CONNECT TO EXISTING MANHOLE $2,850.00 SP1-4 (includes excavation, backfill and flexible 2 EA manhole connector, and necessary manhole invert work) $7,180.00 SP1-5 WATER LINE LOWERING 9 EA Travel expenses, if applicable, will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. /'1 n NW 8T" STREET SEWER TRUNK MAIN -PHASE 2 Project 10239A page 13 of 13 Meridian City Cauncii Meeting DATE: January 28, 2014 ITEM NUMBER: 5F PROJECT NUMBER: ITEM TITLE: RESOLUTION NO. Resolution No. l ~~~3 : CPAM 13-003 Da Vinci Park by CS2, LLC Located Southwest Corner of N. Locust Grove Road and E. McMillan Road Request: Amend the Future Land Use Map Contained in the Comprehensive Plan to Change. the Future Land Use Designation on 7.76 Acres of Land from Low Density Residential to Medium Density Residential (6.36 Acresj and Mixed Use -Neighborhood (1.4 Acres) MEETING NOTES ri a~ ~ ~ ~ ~. Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-IYW~ED TO gTAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich AMOUNT .DO 3 BOISE IDAHO 01/30/14 09:41 AM DEPUTY Lisa Batt II I I I II I II I II II I ~I IIII II III'III 0~ I~I RECORDED-REQUEST OF 114007~7~ Meridian Ciiy CITY OF MERIDIAN RESOLUTION NO. / ~-~ ~.~ BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND THE FUTURE LAND USE MAP OF THE 2002 COMPREHENSIVE PLAN FOR 7.76 ACRES KNOWN AS DA VINCI PARK LOCATED AT THE SOUTHWEST CORNER OF N. LOCUST GROVE ROAD AND E. MCMILLAN ROAD, IN THE NE 1/4 OF SECTION 31, TOWNSHIP 4 NORTH, RANGE 1 EAST, MERIDIAN, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and Council have the authority pursuant to Idaho Code § 50-302 to establish resolutions not inconsistent with the laws of the state of Idaho as may be expedient, in addition to the special powers therein granted, to maintain the peace, good government and welfare of the corporation and its trade, commerce and industry; and WHEREAS, the City of Meridian Comprehensive Plan was adopted in August in 2002 as resolution 02-382; and WHEREAS, the Mayor and Council have deemed it appropriate to amend the future land use map of the 2002 Comprehensive Plan for approximately 7.76 acres of land from Low Density Residential to Medium Density Residential (6.36 acres) and Mixed Use -Neighborhood (1.4 acres). Said land is known as Da Vinci Park and is located at the southwest corner of N. Locust Grove Road and E. McMillan Road, in the NE'/a of Section 31, Township 4 North, Range 1 East, Meridian, Idaho, Ada County; and WHEREAS, the Mayor and City Council have provided all the requisite notices, held the necessary hearings, and received the required information necessary to make a final decision as required by the Idaho Local Land Use Planning Act to amend the adopted comprehensive plan. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. Pursuant to Idaho Code §67-6509, the Mayor and City Council hereby amend the City of Meridian Comprehensive Plan and Land Use Map, a copy of which is attached COMPREHENSIVE PLAN AMENDMENT FOR FUTURE LAND USE MAP - DA VINCI PARK CPAM 13-003 Page 1 of 2 hereto incorporated herein by reference. A copy of this Resolution and the attached amendment shall be held on file in the office of the City Clerk. SECTION 2. EFFECTIVE DATE. This Resolution shall be in full force and effect immediately upon its adoption and approval. G~- ADOPTED by the City Council of the City of Meridian, Idaho, this ~a day of 2014. APPROVED by the Mayor of the City of Meridian, Idaho, this 2~ day of 2014. APPROVED: Mayor T e Weerd ATTEST: By: ayceeQ,,l Holman, City Clerk Sr ~, 'rte -~ cry ~,t ~a~~~3 :~ s~~~, COMPREHENSIVE PLAN AMENDMENT FOR FUTURE LAND USE MAP - DA VINCI PARK CPAM 13-003 Page 2 of 2 EXHIBIT A Da Vinci Park CPAM-13-003 Meridian City Council Meeting DATE: January 28, 2014 ITEM NUMBER: 5G PROJECT NUMBER: RZ 13-016 ITEM TITLE: DA VINCI PARK Findings of Fact, Conclusions of Law for Approval: RZ 13-016 Da Vinci Park by CS2, LLC Located Southwest Corner of N. Locust Grove Road and E. McMillan Road Request: Rezone of 2.65 Acres of Land from the R-4 and R-8 Zoning Districts to the C-N Zoning District; and 6.3 Acres of Land from the R-4 Zoning District to the R-8 Zoning District MEETING NOTES e~ ~ ~ ~~ f ~`~ x~ , Community Item/Presen~tions Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-AAAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES tNITIAL3 Meridian City Council Meeting DATE: January 28, 2014 ITEM NUMBER: 5H PROJECT NUMBER: PP 13-036 ITEM TITLE: DA VINCI PARK Findings of Fact, Conclusions of Law for Approval: PP 13-036 Da Vinci Park by CS2, LLC Located Southwest Corner of N. Locust Grove Road and E. McMillan Road Request: Preliminary Plat Approval Consisting of Thirty-Eight (38) Single Family Residential Attached Building Lots, One (1) Commercial Building Lot and Eight (8) Common/Other Lots on 7.76 Acres of Land in the Proposed R-8 and C-N Zoning Districts MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFF/CE FINAL ACTION DATE: E-MAILED TO gTAFF SENT TO A~3ENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: January 28, 2014 ITEM NUMBER: 51 PROJECT NUMBER: MDA 13-021 ITEM TITLE: DA VINCI PARK Findings of Fact, Conclusions of Law for Approval: MDA 13-021 Da Vinci Park by CS2, LLC Located Southwest Corner of N. Locust Grove Road and E. McMillan Road Request: Modii'ication to the Development Agreement to Change the Development Plan from Single Family Residential to Mixed Use MEETING NOTES ~~~~~~ ~~ ~~$ ~ k~ e ~ Q~ . Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE F/NAL ACTION DATE: E-AAIULED TO STAFF BENT TO AGENCY SENT TO APPLICANT NOTE8 INITIALB Meridian City Council Meeting .DATE: January 28, 2014 ITEM NUMBER: 5J PROJECT NUMBER: RZ 13-009 ITEM TITLE: VILLAGE AT COLD CREEK Development Agreement for Approval: RZ 13-009 Village at Cold Creek by Hayden Homes Idaho, LLC Located North Side of W. Ustick Road, Approximately 1 /4 Mile. East of N. Ten Mile Road Request: Rezone of 4.38 Acres of Land from the R-4 to the R-8 Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E~IAAILED TO STAFF 8ENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Chris~pher D. Rich AMOUNT .00 41 BOISE IDAHO 01130/14 09:47 AM DEPUTY Vsa Ban III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ~~~ RECORDED-REQUEST OF ~„~ Meridian City i 140@76~~ DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Hayden Homes Naha, LLC, Owner/Developer TTS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this,.- ~ -.day of J ,!\ ~ , 2014, by and between City of Meridian, a .municipal corporation of the State of Idaho, hereafter called CITY, and Hayden Homes Idaho, LLC, whose address is 2464 S. W. Glacier Place, Ste. 110, Redmond, Oregon97755 hereinafter called OWNER/DEVELOPER. 1. 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 n each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 57-5511 A provides that cities may, by ordinance, require orpermit as acondition of re-zoning that the Owner/Developerrnake 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 Section 1-SB-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developerhos submitted an application for annexation and zoning of the Property described in Exhibit "A", requesting a designation of Light Industrial District (I-L District) under the, UDC and generally describing how the .Property will be developed and what improvements will be made; and 1.5 WHEREAS,. Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and. before the Meridian City Council, as to how the subject Property will. be developed and ~ what improvements wh be made; and DEVELOPMENT AGREEMENT -VILLAGE AT COLD CREEk SU$DIVISION{RZ 13-009) PAGE 1 OF 8 1.6 WHEREAS, the 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 26`h day of November, 2013, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit "B"; and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on annexation and zoning designation; and 1.9 WHEREAS, Owner/Developerdeern 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 Owner/Developer 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 n of this 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 on April 19, 201 1, Resolution No. 11-784, and the Zoning and Development Ordinances codified in Meridian Unified Development 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. 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 Broadway Avenue, Meridian, Idaho 83642. DEVELOPMENT AGREEMENT - VILLAGE AT COLD CREEK SUBDIVISION (RZ 13-009) PAGE 2 OF 8 ~ 3.2 OWNER/DEVELOPER: means and Hayden Homes Idaho, LLC, whose address is 2464 S. W. Glacier Place, Ste. 110, Redmond, OR 97756, the party that is developing said Property and shall include any subsequent owner/developer(s) of the Property. 3.3 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 re-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 THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian Unified Development Code. 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: 5.1. OwnerlDeveloper shall develop the Property in accordance with the following special conditions: 5.1.1 Direct lot access to W. Ustick Road is prohibited in accord with UDC 11-3A- 3. 5.1.2 The subj ect property shall develop consistent with the preliminary plat shown in Exhibit "C". 5.1.3 Future structures constructed on the site shall be generally consistent with the conceptual elevations included in Exhibit "D". The rear (or side) of the structures on Lots 2, 3, and 4, Block 1 and Lot 2, Block 2 adjacent to Ustick Road shall incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines in accord with UDC 11-3A-19 and the Design Manual. 6. COMPLIANCE PERIOD This Agreement must be fully executed within two (2) years after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF n ZONING DESIGNATION: DEVELOPMENT AGREEMENT - VILLAGE AT COLD CREEK SUBDIVISION (RZ ] 3-009) PAGE 3 OF 8 7.1 Acts of Default. In the event Owner/Developer, or Owner'slDeveloper'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 terminated by the City upon compliance with the requirements of the Zoning Ordinance. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure maybe extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event ofdefault by Owner/Developer that is not cured after notice as described in Section 7.2, Owner/Developershall bedeemed tohave consented to modification of this Agreement and de-annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ~~ ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement maybe sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that 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. 7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. n DEVELOPMENT AGREEMENT - VtLLAGE AT COLD CREex SUBD[vISION (RZ 13-009) PAGE 4 OF 8 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, 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. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. 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 § 11-5-C, to insure that installation of the improvements, which the Owner/Developer agrees to provide, if required by the City. ~ 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developeragree to abide by all ordinances of the City of Meridian and the Property shall be subj ect to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or tluee (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 OVVNER/DEVELOPER: DEVELOPMENT AGREEMENT -VILLAGE AT COLD CREEK SUBDIVISION (RZ 13-009) PAGE 5 OF 8 Hayden Homes Idaho, LLC 2464 S. W. Glacier Place, Ste. 110 Redmond, OR 97756 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. 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. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time ~ is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer 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 OwnerlDeveloper, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Agreement. 18. 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. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each parry shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. DEVELOPMENT AGREEMENT - VILLAGE AT COLD CREEK SusD]VISION (RZ 13-009) PAGE 6 OF 8 /'1 20, FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between OwnerlDevelopernnd City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer 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. 20.1 No condition governing the usesand/or conditions governing re-zoning ofthe subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearings} in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 21. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the. Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk ACKNOWLEDGMENTS ~ IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided.. Hayden es Idaho, LLC By. ~__~_.....~ CITY OF MERIDIAN By~ --~ss~' °Ivlay~Y Tam e Weerd ~' ATTEST: s 7ayce Holman, City Clerk r~ DEVELOPMENT AGREEMENT - VILLACsE AT COLD Ct~EK SUsDtvtstoN (RZ 13-009) PAGE 7 OF 8 .STATE OF IDAHO ) . ss: County of Ada, ) On this ~d Y of ~y ~g ~ 1 here me, the undersigned, a Notary Publie in and for said State, personally appeared ~~~i ~ ,.~. , known or identified to me to be the ~ r, G~n ~ r~.~ ,;z.,,. of Hayden Homes Idaho, LC, and acknowledged to me that she executed the same on behalf of said Limited Liability Company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official sealthe day and year in this certificate first above written. *_'* ,~~~, # =,.i o (SEAP~~. ~`..~.~ ~ F ~ ~~ ~~,~ ,~ ~~~ ~ ~ ~ ~, ~-- ., ~ ~i{ k ~`~ , ~ 8 s ~F~ 1' STATE OF .IDAHO ) ss County of Ada ) On this ~~_ day of ~ ~,n v'o~ V~ , 2014, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee-~.J. Holman, 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 dame. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this .certificate first above written. ~..~- ary Public fore.. daho ~..-.~ Residing at; ~ ~ v~ c~ c ~ ~. _ t !>' . - Commission expires: ~ a ~ L/ . ,~ c, ~, DEVELOPMENT AGREEMENT - V~t,t,AGE AT Coca CREEK SUBDIVISION (RZ 13-009) PAGE $ OF 8 EXHIBIT A Legal Description Rezone ~a Cie ri inrr H~yc(en-hlomes WsCid< I~raperty A parcel located in the SW % of Section 35, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, and mare particularly described as follows: Commencing at a Brass Cap monument marking the southwest corner of said SW %, from which a 5/8 inch diameter iron pin marlc(ng the southeast corner of said SW '/ bears S 89°15'57" E a distance of 2643.50 feet; Thence 5 89°15'57" E along the southerly boundary of said SW'/~ a distance of 1622.31 feet to a 5/8 inch diameter iron pin and the POINT tJr f3BGINNiNG; Thence leaving said southerly boundary N 0°2G'42" W a distance of 625.77 feet to a 5/8 inch diameter iron pin on the southerly right-of-way of Five Mile Creek; Thence along said southerly right-of-way S 62°13'25" E a distanco of 433.35 feet to a 518 inch diameter iron pin on the westerly boundary of Primeland Subdivision as shown in Boo!< 83 of Plats on Page 8085, records of Ada County, Idaho; Thence S 6°03'09" W along said westerly boundary and the prolongation thereof 2 distance of 430.47 feet to a 5/8 inch diameter iron pin on the southerly boundary of said SW'/; Thence N 89°15'57" W along said southerly boundary a distance of 333.20 feet to the POINY OF B~GINNINr; This parcel contains 4.38 acres and is subject to any easements existing or in use, Clinton W. Hansen, PLS p~apG ~qNO Land Solutions, PC ~~~~ his T i` s T~ July 12, 2013 d -c C~ N~ ~~ ~ I'~'t-moo ^c <~ y'rF 0 ~ \,~P 5~ ~r°N w . ~~'~ (,,,_~-••'~~L. np Survayln0 ~nU Coniulllnp hiayden Homes -- Ustick Job No. 13•d5 Village at Coid Creek Subdivision RZ-13-009; PP-13-023 Exhibit B CITY OF MERIDIAN E IDIAN~ FIlVDINGS OF FACT, CONCLUSIONS OF LAW ,.- `~ IDAHO DECISION & ORDER In the Matter of the Request for Rezone of 4.38 Acres of Land from the R-4 to the R-8 Zoning District; and Preliminary Plat for The Village at Cold Creek Subdivision Consisting of Sixteen (16) Single-Family Residential Detached Building Lots and Three (3) Common/Other Lots, Located on the North Side of W. Ustick Road, Approximately'/a Mile East of N. Ten Mile Road, by Hayden Homes Idaho, LLC. Case No(s). RZ-13-009; PP-13-023 For the City Council Hearing Date of: November 6, 2013 (Findings on November 26, 2013) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of November 6, 2013, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of November 6, 2013, incorporated by reference) 3. Application and Property Facts (see attached StaffReport for the hearing date of November 6, 2013, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of November 6, 2013, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-13-009; PP-13-023 -1- ~1 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. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of November 6, 2013, 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 adopted, it is hereby ordered that: 1. The applicant's request for a rezone is hereby approved with the requirement of a development agreement per provisions in the attached Staff Report for the hearing date of November 6, 2013, attached as Exhibit A. 2. The applicant's request for preliminary plat is hereby conditionally approved per the conditions of approval in the attached Staff Report for the hearing date of November 6, 2013, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and fmal plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the fmal plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11-6B-7A). 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 two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-6B-7B). 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 obtain the City Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be 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 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 (UDC 11- 6B-7C). Notice of Two (2) Year Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation and/or rezone (UDC 11-SB-3D). CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-13-009; PP-13-023 -2- ~~ A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or maybe requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the two (2) year approval period (UDC 11-SB-3F). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application 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 may be filed. 2. Please take notice that this is a f-mal action of the governing body of the City of Meridian, When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty=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: StaffReport for the hearing date of November 6, 2013 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-13-009; PP-13-023 -3- /~ ~~ ~~ Z~~ ~g By action of the City Council at its regular meeting held on the day of _ Nd~~,t~+~~.. , 2013. COUNCIL PRESIDENT BRAD HOAGLUN COUNCIL VICE PRESIDEN"r CHARLIE ROUNTREE COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) Attest: VOTED__ VOTED VO"1'ED VOTED VOTED ,~', Mayor T mi de Weerd u,,.,, '° n t y ,,.. 'y. ~ ; , . r.,. ycee Ho i erk ~ . '• , ~, ., ~ ~` _~,. Via'; ~~,. Copy served upon Applicant, The Plaiiatiing Department, Public Works Department and City Attorney. ~• ~ ~`---~' Dated: ~ l ' a ~ ' I~ Ci Cle •k', ffice --- CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-13-009; PP-13-023 -4- EXHIBIT A STAFF REPORT TO: FROM: SUBJECT: Hearing Date: November 6, 2013 Mayor & City Council Sonya Wafters, Associate City Planner 208-884-5533 ~E IDIZ IAN+~- ~J Bruce Freckleton, Development Services Manager 208-887-2211 The Village at Cold Creek Subdivision - RZ-13-009; PP-13-023 I. SUMMARY DESCRII'TION OF APPLICANT'S REQUEST The property owner/applicant, Hayden Homes Idaho, LLC, has applied for a rezone (RZ) of 4.38 acres of land from the R 4 to the R 8 zoning district; and a preliminary plat (PP) consisting of 16 single-family residential detached building lots and 3 common/other lots for The Village at Cold Creek Subdivision. See Section IX of the sta,,~f'report for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed RZ and PP applications in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian PlanninE & Zoning Commission heard these items on October 3.2013. At the uublic hearing. the Commission moved to recommend anuroval of the subject RZ and PP requests. a. Summary of Commission Public Hearin: i. In favor: Ross Erickson. AuAlicant's Representative ii. In oaaosition: None iii. Commenting: John Schafer iv. Written testimony: Ross Erickson v. Staff aresenting annlicatlon: Sonya Wafters vi. Other staff cmmentinn on analicaHon: None b. Kev Issue(s) of Discussion by Commission: i. None c. Kev Commission Chancels) to Staff Recommendation: i. None d. Outstanding Issue(sl for Citv Council: i. None VIllage at Cold Creek Subdivision RZ-13-009; PP-13-023 PAGE 1 EXHIBIT A ~ Kev Council Chan s to 9flf'/ ommi ion R nmm nda io y 1Y~ne III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers RZ-13- 009 & PP-13-023, as presented in the staff report for the hearing date of November 6, 2013, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move deny File Numbers RZ-13-009 & PP-13-023, as presented during the hearing on November 6, 2013, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Numbers RZ-13-009 & PP-13-023 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located on the north side of W. Ustick Road, approximately i/a mile east of N. Ten Mile Road, in the SW %< of Section 35, Township 4 North, Range 1 West. (Parcel #50435346700) B. Owner(s): ~ Hayden Homes Idaho, LLC 2464 S.W. Glacier Place, Ste. l 10 Redmond, OR 97756 C. Applicant: Same as owner D. Representative: Ross Erickson, Erickson Civil, Inc 6213 N. Cloverdale Road, Ste. 125 Boise, Idaho 83713 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for a rezone and preliminary plat. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: September 16, and 30, 2013 (Commission); October 14. and 28.2013 f Ci Councill C. Radius notices mailed to properties within 300 feet on: September 12, 2013 (Commission); October 10.2013 (City Councill D. Applicant posted notice on site(s) on: September 18, 2013 (Commission); October 21.2013 (Gifu Council Village at Cold Creek Subdivision ItZ-13-009; PP-13-023 PAGE 2 EXHIBIT A /'~ VI. LAND USE A. Existing Land Use(s) and Zoning: This site consists of vacant undeveloped land, zoned R-4. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Five Mile Creek and single-family residential (Bridgetower Subdivision), zoned R-4 2. East: Offices, zoned R 4 3. South: Ustick Road &single-family residential (Fieldstone Meadows Subdivision), zoned R- 4 4. West: Rural residential property, zoned Rl in Ada County C. History of Previous Actions: • In 1995, this property was annexed (Ordinance #700) with an R-4 zoning district. A development agreement was not required as a provision of annexation. A plat for Bramblewood Subdivision was also approved but has since expired. • In 2006, a preliminary plat (PP-06-064) for Cold Creek Subdivision was denied due to the following reasons: "The proposed preliminary plat request will require that a sewer easement through the property to the north prior to construction plan approval. This 20 foot common area will become an attractive nuisance and there is not an alternative source that will satisfy this particular plat option." D. Utilities: 1. Public Works: a. Location of sewer: The city currently owns and maintains a sewer trunk main on the north side of Five Mite Creek, adjacent to north of the proposed development. This is the intended receiving sewer main for this proposed development. b. Location of water: The city currently owns and maintains a water main in W. Ustick road, adjacent to the south of the proposed development. This is the main intended for service to this proposed development. c. Issues or concerns: The elevations of the flow line of Five Mile Creek and the invert of the sanitary sewer are in conflict, therefore an aerial sewer crossing over Five Mile Creek is being proposed. Careful attention will need to be given to the sewer design with regard to flood plain restrictions. E. Physical Features: 1. Canals/Ditches Irrigation: The Five Mile Creek exists off-site along the north boundary of the site. 2. Hazards: Staff is not aware of any hazards that exist on this site. 3. Flood Plain: A portion of this property along the north boundary lies within the Meridian Floadplain Overlay District and is within flood zone X5. VII. COMPREHENSIVE PLAN POLICIES AND GOALS This site is designated on the Comprehensive Plan Future Land Use Map (FLUM) as Medium Density Residential (MDR). The MDR designation allows smaller lots for residential purposes within City limits. Uses may include single-family homes at densities of 3 to 8 dwelling units per acre. The proposed R 8 zoning is Village at Cold Creek Subdivision RZ-13-009; PP-13-023 PAGE 3 EXHIBIT A consistent with the MDR designation. The plat contains 16 single-family residential building lots for a gross density of 3.65 dwelling units per acre consistent with the desired density of MDR designated areas. Stafffinds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property (staff analysis in italics): • "Support a variety of residential categories (low-, medium-, medium-high 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 opportunities." (3.07.01 E) The proposed medium density residential development will contribute to the variety of residential densities in this area of the City, which currently consists of medium-low, medium, and medium-high density residential properties. • "Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc." (3.05.0X) Street bu,~`er landscaping is required adjacent to W. Ustick Road, an arterial street, in accord with the standards listed in UDC Il-3B-7C as shown on the landscape plan. Separate permits shall be obtained for signage and fencing in compliance with the standards listed in UDC 11-3D-Sand 11-3A-7 respectively. • "Protect existing residential properties from incompatible land use development on adjacent parcels." (3.06.O1F) The proposed single family residential development should be compatible with existing ^, adjacent residential and office uses. • "Support infill of vacant lots in substantially developed, single-family areas at densities similar to surrounding development." (3.07.02n The surrounding Area exceptfor the property immediately to the west has been developed at urban densities. The proposed subdivision will be similar to densities in surrounding subdivisions. • "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." {3.01.01 F) The proposed development is contiguous to the city and city services are available to be extended to the site upon development in accord with UDC 11-3A-21. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of the Residential Districts: Per UDC I 1-2A-1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. The medium density residential (R-8) district allows a maximum gross density of 8 dwelling units per acre. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-8 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the property for single-family detached dwellings is a principal permitted use in the R 8 zoning district. Village at Cold Creek Subdivision RZ-13-009; PP-13-023 PAGE 4 EXHIBIT A ~~~ C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Table 11-2A-6 for the R 8 zoning district. D. Landscaping: Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed in UDC Table 11-2A-6 for the R-8 zoning district. E. Off Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single- family dwellings. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: REZONE: The applicant has applied to rezone 4.38 acres of land from the R-4 to the R-8 zoning district (see legal description in Exhibit C). As discussed above in Section VII, the proposed zoning is consistent with the corresponding FLUM designation of MDR for this property. A development agreement (DA) was not required as a provision of annexation when the property was annexed in 1995. To ensure the site develops as proposed with this application, Staff recommends a DA with the provisions noted in Exhibit B. PRELIMINARY PLAT: The proposed preliminary plat consists of 16 building tots and 3 common/other lots on 4.38 acres of land in a proposed R-8 zoning district. n Dimensional Standards: Staff has reviewed the proposed plat for compliance with the dimensional standards listed in UDC Table 11-2A.6 for the R-8 zoning district. All of the lots comply with the minimum square footage requirement of 5,000 square feet and both of the blocks comply with the maximum length requirement. Lot 4, Block 1 needs to be widened to I S feet to comply with the minimum street frontage requirement, per UDC 11-2A-3B. A minimum 25-foot wide street buffer, measured from the back of curb, is required adjacent to W. Ustick Road, an arterial street. Access: Access is proposed on the plat via W. Ustick Road. A stub street is proposed to the west for future extension and interconnectivity. Astub street is not required to the office development to the east as there is no public street connection and the site is already developed. Comments have not yet been received from ACHD on this application. Common Driveway: Lots 3 and 4, Block 1 are proposed to be served by a common driveway. Common driveways are required to be constructed in accord with the standards listed in UDC 11- 6C-3D. Water & Sewer Service: Sewer will be extended from the north side of Five Mile Creek via an aerial crossing over the creek consistent with City of Meridian standards. A 20-foot wide sewer easement is depicted on the plat along the west side of Lot 8, Block 1. Staff recommends the line type be changed to delineate the easement more clearly. Additionally, the landscape plan depicts a sewer line runni»g through Lot 12, Block 1; this should be removed. Water service will be extended to the site via W. Ustick Road. Pressurized Irrigation: An underground pressurized irrigation system is required to be provided for the development in accord with UDC 11-3A-15 as proposed. A pressure irrigation storage pond is proposed on Lot 1, Block 3. ~\ Village at Cold Creek Subdivision RZ-13-009; PP-13-023 PAGE 5 EXHIBIT A Storm Drainage: An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications, and ordinances, per UDC 11-3A-18. Stormwater from the public right-of-way will be discharged into a storage pond on Lot 1, Block 3. The facility shall comply with the standards listed in UDC 11-3B-11C. Multi-Use Pathway: Amulti-use pathway is not designated on the Master Pathways Plan for this site. Open Space & Site Amenities: Because this site is below 5 acres in size, UDC 11-3G-3 does not require open space or site amenities to be provided. Landscaping: A minimum 25-foot wide street buffer is required along W. Ustick Road landscaped in accord with the standards listed in UDC 11-3B-7C. The landscaping shown on the landscape plan complies with the aforementioned standards. If the unimproved street right-of--way is 10 feet or greater from the edge of pavement to edge of sidewalk or property line, and street widening project is not in the transportation authority's five year funded plan, the developer is required to maintain a 10-foot wide compacted gavel shoulder meeting the construction standards of the transportation authority and landscape the remainder with lawn or other vegetative ground cover in accord with UDC 11-3B-7C.5. Fencing: A 6-foot tall vinyl fence is proposed along the perimeter boundary of the subdivision where fencing doesn't already exist. The existing fence along the east boundary is proposed to remain. Sidewalks: A 5-foot wide detached sidewalk is required along W. Ustick Road and a 5-foot wide attached sidewalk is required along the internal local streets, in accord with UDC l 1-3A-17. Waterways: The Five Mile Creek exists off-site along the northern boundary of the property. There is an existing surface water delivery ditch that enters the site at the southwest corner from the other side of Ustick Road. The applicant states the pipe will extend back into the site and a box will be located outside of the right-of--way to allow the surface water to be sent to the west or east based on the rotation. The subject property and the parcel to the west are the only two parcels that receive water from this pipe. Building Elevations: Conceptual building elevations for future homes in this development were submitted by the applicant and included in Exhibit A.4. Administrative design review is not required for detached single-family residential homes. However, staff recommends through a DA provision that the rear (or side) of structures on Lots 2-4, Block 1 and Lot 2, Block 2 that backup to Ustick Road incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. In summary, Staff recomme»ds approval of the proposed rezone and preliminary plat request with the recommended conditions listed in Exhibit B of this report in accord with the findings contained in Exhibit D. X. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Proposed Preliminary Plat (dated: 8/21/13) /~, 3. Proposed Landscape Plan (dated: 8/21/13) Village at Cold Creek Subdivision. RZ-13-009; PP-13-023 PAGE 6 /'1 ~\ EXHIBIT A 4. Conceptual Building Elevations B. Agency & Department Comments/Conditions C. Legal Description & Exhibit Map for the Proposed Rezone D. Required Findings from Unified Development Code Village at Cold Creek Subdivision RZ-13-009; PP-13-023 PAGE 7 EXHIBIT A A. Drawings 1. Vicinity Map ~~ Exhibit A Pt-gc 1 EXHIBIT A I~ 2. Proposed Preliminary Plat (dated: 8/21/13) ~~ 61TU/~7t0 IN A POft,TMON O THE 66QTR10~1V y6~ TOWNOMIP ELI p1iTM RANa4 / W ~~~ , HAT, AOIBG MH1VOUW, I-17A OOUNTY, IOAHO - 00 ~ a ~,....... ww,.. `.. ~-+~_ ~...` '~.~~ ~r• .K~tdJLY~O _CllMirrW/WY~r MR -~ ~ ~ ~ "".w ..~ ~,.~ ~~• ~ L R'11Nwi~1Yl W ~i~ff/~~,W,~M~W • t-WNIMW~ '.. ~~ Y ''" ' ~ ~~1~YW ~i~z ~:; om. ~=;~, ; ~: ~ .~: ~« ' _~ W . . ~ ~ .. .~~ ~_wM i~wa~ioareta ~~i~~ ..ww. ""~~ .. ~ .. rerrwodr ro i' ~~~ ~ ~~ • w.• e ....w,. /'~./ MM.... JM4 O ++~.w • ~r~ O .... ~~ ww.. `. :' 1 ae~rw" / . '~ ~:. ~. t. ~~y~~:t: . ,. .. 'i,~ _fY~ W. 17ii T.G~ 1 ~~~a OM~M~ throe. ~S+r.n wFm ~ MYY~.a wuewava~ ~ ~b° wrr. hY~rtn MOYa~r -~~ Exhibit A Page 1 EXHIBIT A 3. Proposed Landscape Plan (dated: 8/21/13) ~- ~~ . ,t ~- ~...i.F . -~ ' ~ e; t~~ iC~;~..: ~; i ,. <: ~ ~~ i~.kf Vf~liMr lin.. Exhibit A a.NUe. ..~ ~.~._ r RR ~~~~ ... R'!!A .~ MNN W /.~f~M.lwNfY ~ MI~RIMr~. ~' .~ ~~~~~ ~' »~..... tlllpoAft oM,olLAttoll~ gtA~'~01'N~"~'YS... ..~...a.a_.~. ~~'~ .... b!!'a=ap L~I~t~l'L~ Page 2 Otl~iALL eIT! PLAN EXHIBIT A ~`~ f. ~~; 1; 4. Conceptual Building Elevations #~ ~ ~ ri +~ • ~' k Y 'k ~ ~`- 2`' lC ._ _~~ f ~~ I k:~ 4 ~~ . ~ 4 ~ - -~- ~ ~ ~'~~~1 Y~ ~ _~~~ kw ~, y ,, ~~ yp~ r T y L'~y. r5 > 3 „`7 _ - _ __ _ ._~ _ ~ ~._ _..... ~ '1 R .'~~l :. 5 T i ''~ ~ p ~1 ~ 9 f .. 4'. J ~'~ ~t .I„i g ~ 'J t ~ + R~ ~ tT '%~ ~ ~:~ L ~-,Ry 3 1 ~ ~ " ~' ~1 ~ _. ~, _ , ....~w1w~ .. ~.. .. ..- - ~Jr ~}: ,' ~# .r ', Yf i~, ~r~ ~ <, `~ _, ~ _, •Y ' '~ rSX~]lblt ~ _ 2 _ EXHIBIT A 4. Conceptual Building elevations fi , ~)~~.. rr'' "~ K ~ ~ ~: ~ ~ ~ J„t1,1~ . r- ~ _ ~ ~ ~- _ __ 'il ~,'' ~( I!~ ' ~ } r ~ ~ ~ ~ ~'~ .,r, ~-- t .-::~''~ e~~ _ - ~~ ~+ ~` 'x ~''.~3'S :x~ _ _ i __ arc- ~ ~._ - ~~~~ I,~ J ~ 4 1~ ~ ~ d'~ i •4}jill~i*1f, ~ vfv~ ~7 ~ J ,, ~ ~;., 4~f . ~-~ --- _ .__. 4 - _..~ Exhibit B _ 2 _ EXHIBIT A t ~# L i-: ~~~ ,~ ~ FF~b S , r,~ . l:''-'~Yi .4 ~~ t ~ ~ ~.' _ y t+ r' 'j[~ fie- ~~" ~ f ~ s ~`i ~ , ~, ~ _ _ ]r'---' sic. ~ __- _~. ~ -~ ., } eR -~' t~ [ ~~ ~ . _, ~ ~ -~ a., ~. y_~~ . ~'~ - .T 3 - -.. 'c~ ~' ~t ~ ~" - ~ ~" i f } ~ '`s is ~ rr ~ ~__ _ _ -~~~~ ~ t~, ~, _~ !~ - -_ - ---~ ~ _ by ~~ ~., ~- -~~ ;~ i ~~3. ~- y' F ~ i -~ _. _. yr: .:. Exhibit ~ - 3 EXHIBIT A B. EXHIBIT B -AGENCY & DEPARTMENT COMMENTS/CONDITIONS 1. PLANNING DEPARTMENT 1.1 REZONE 1.1.1 A Development Agreement (DA) is required as a provision of the rezone of this property. Prior to the rezone ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of rezone ordinance adoption, and the developer. The Applicant shall contact the City Attorney's Office to initiate this process. The DA shall be signed by the property owner and returned to the city within two (2) years of the City Council granting the rezone. Currently, a fee of $303.00 shall be paid by the applicant to the City Clerk's office prior to commencement of the DA. The DA shall, at minimum, incorporate the following provisions: a. Direct lot access to W. Ustick Road is prohibited in accord with UDC 11-3A-3. b. The subject property shall develop consistent with the preliminary plat shown in Exhibit A.2. c. Future structures constructed on the site shall be generally consistent with the conceptual elevations included in Exhibit A.4. The rear (or side) of structures on Lots 2, 3, and 4, Block 1 and Lot 2, Block 2 adjacent to Ustick Road shall incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines in accord with UDC 11-3A-19 and the Design Manual. 1.2 PRELIlVIINARY PLAT Site Specific Conditions of Approval 1.2.1 The final plat shall include the following revisions from the preliminary plat; a. Lot 4, Block 1 shall be revised to comply with the minimum street frontage requirement listed in UDC 11-2A-3B of 15 feet for two properties sharing a common drive. b. Change the line type shown on Lot 8, Block 1 for the 20-foot wide sewer easement and pressurized irrigation easement so that it doesn't appear to be a lot line. 1.2.2 The landscape plan submitted with the final plat shall be revised as follows: a. Remove the sewer line easement and symbol on Lot 12, Block 1. b. Depict the location of the curb along W. Ustick Road. c. If the unimproved street right-of--way along W. Ustick Road is 10 feet or greater from the edge of pavement to edge of sidewalk or property line, and street widening project is not in the transportation authority's five year funded plan, the developer is required to maintain a 10-foot wide compacted gravel shoulder meeting the construction standards of the transportation authority and landscape the remainder with lawn or other vegetative ground cover in accord with UDC 11-3B-7C.5. 1.2.3 Common driveways are required to be constructed in accord with the standards listed in UDC 11- 6C-3D. 1.2.4 The applicant shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC l 1-3A-7 and 11-3A-6B. 1.2.5 The stormwater drainage facility shall comply with the standards listed in UDC 11-3B-11C. Exhibit B -4- EXHIBIT A General Conditions of Approval 1.2.6 Comply with all bulk, use, and development standards of the R-8 zoning district listed in UDC 11-2-A-6. 1.2.7 Comply with all provisions of 11-3A-3 with regard to access to streets. Direct access to W. Ustick Road is prohibited. 1.2.8 Construct on-street bikeways on all collector streets as set forth in UDC 11-3A-5. 1.2.9 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.10 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-3B-6 and MCC 9-1-28. 1.2.1 l Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.12 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-SJ. 1.2.13 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single-family dwellings. 1.2.14 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C. 1.2.15 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B- 11 C. 1.2.16 Construct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 11-3G-3B5 and 11-3B-7C. 1.2.17 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2.18 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.2.19 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. Ongoing Conditions of Approval 1.2.20 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 1.2.22 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. 1.2.23 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. 1.2.24 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.2.25 The applicant shall have an ongoing obligation to maintain all pathways. 1.2.26 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set /"~ forth in UDC 11-3A-11. Exhibit B _ g . EXHIBIT A /~ 1.2.27 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. Process Conditions of Approval 1.2.28 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.2.29 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-SC-3B. A surety agreement may be accepted far other improvements in accord with UDC I 1-SC-3C. 1.2.30 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 1.2.31 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a fmal plat within two years or 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.2.32 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11-6B- 7B. 1.2.33 Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. n 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 A portion of this project lies within the Meridian Floodplain Overlay District -flood zone X5. Prior to any development or construction taking place, the applicant shall submit a Floodplain Development Permit Application to the City Floodplain Administrator for review and approval. The application shall provide engineering analysis to meet MCC section 10-6, including hydraulic and hydrologic calculations illustrating any impacts to the water surface elevations including no rise effects of any development within the floodway. 2.1.2 The applicant shall provide a 20-foot easement across Lot 8, Block 1 for the sanitary sewer main outside of public right of way. The easement area shall be covered with a pavement or concrete surface for ease of access by City of Meridian Wastewater personnel. 2.2 General Conditions of Approval 2.2.1 The applicant shall install sanitary sewer mains to and through this subdivision; 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. 2.2.2 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant 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. If a single-point connection is utilized, /'\ the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. Exhibit B - 6 - EXHIBIT A 2.2.3 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 2.2.4 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 per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval ornon-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.2.5 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells maybe 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. 2.2.6 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.2.7 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.8 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.9 Al(development improvements, including but not limited to sanitary sewer and water, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.2.10 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.11 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. 2.2.12 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.13 Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 2.2.14 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.15 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.2.16 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fiil material. 2.2.17 The engineer shall be required to certify that the street 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 1-foot above. 2.2.18 The applicants design engineer shall be responsible for inspection of all irrigation and/or /'1 drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACRD. The design engineer shall provide certification that the facilities have been installed in Exhibit B _ ~ _ EXHIBIT A /'1 accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.19 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.20 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 2.2.21 The City of Meridian requires. that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 2.2.22 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-221 l . ~ 2.2.23 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. 3. POLICE DEPARTMENT 3.1 The Police Department has no concerns related to this application 4. FIRE DEPARTMENT 4.1 The common driveway on Lots 3 and 4, Block 1 shall be a minimum 20 feet wide with "no parking" posted and shall be paved with a surface capable of supporting 75,000 pounds. 4.2 North Cold Creek Way shall be posted and painted for no parking on one side of the street, preferably the east side. 4.3 The street widths with 33 feet measured from back of curb shall have rolled curbs. 4.4 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have the 4 %2" outlet face the main street or parking lot drive aisle. b. Fire hydrants shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec cations. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be placed 18" above finished grade to the center of the 4 ''/s" outlets. g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5. h. Show all proposed or existing hydrants for alt new construction or additions to existing ~ buildings within 1,000 feet of the project. Exhibit B . g _ EXHIBIT A 4.5 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and 48' outside, per International Fire Code Section 503.2.4. 4.6 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.7 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical clearance of 13'6 as set forth in International Fire Code Section 503.2.1. 4.8 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (1FC) 501.4 and Meridian amendment to IFC 10-4-2J. 4.9 The roadways shall be built to Ada County Highway District cross section standards and have a clear driving surface. Streets less than 26' in width shall have no on-street parking; streets lass than 32' in width shall have parking only on one side. These measurements shall be based on the drivable surface dimension exclusive of shoulders. The overhead clearance shall be a minimum of 13' 6". The roadway shall be able to accommodate an imposed load of 75,000 GVW as set forth in International Fire Code Section 503.2.1. and D103.6.1 and D103.6.2. 4.10 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. The cost of this installation is to be borne by the developer. (National Fire Protection Std 1141 Section 5.2.11.1) 5. REPUBLIC SERVICES n 5.1 Republic Services has no comments on this application. 6. PARKS DEPARTMENT 6.1 The Park's Department has no comments on this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Dedicate SO feet ofright-of--way from the centerline for Ustick Road abutting the site. ACHD will provide compensation for right-of--way dedicated beyond the existing right- of-way. 7.1.2 Construct a 6 foot wide landscape buffer and S foot wide detached concrete sidewalk on Ustick Road abutting the site, as proposed. Construct the front edge of the sidewalk a minimum of 42 feet from the centerline of Ustick Road and provide a permanent right-of- way easement for sidewalk placed outside of the dedicated right-of--way. The easement shall encompass the entire area between the right-of--way line and 2 feet behind the back edge of the sidewalk. 7.1.3 Construct Quarrystone Way as a 33 foot street section with rolled curb, gutter and S foot wide attached concrete sidewalk on both sides of the street its full length. 7.1.4 Construct Quarrystone Way to intersect Ustick Road and align with Quarrystone Way directly south of Ustick Road, as proposed. 7.1.5 Provide a permanent right-of--way easement for all public sidewalks on Quarrystone Way ~ placed outside of the dedicated right-of-way. The easement shall encompass the entire area between the right-of--way line and 2 feet behind the back edge of the sidewalk. Exhibit B _ g . EXHIBIT A /'~, 7.1.6 Construct Cold Creek Way as a 29 foot street section with vertical curb, gutter and no sidewalk on the west side of the street and rolled curb, gutter and 5 foot wide attached sidewalk on the east side of the street, as proposed. 7.1.7 The applicant is required to get written fire department approval for 29 and 33 foot street sections from the City of Meridian. 7.1.8 Construct Wilder Street as a 33 foot street section with rolled curb, gutter and 5 foot wide attached concrete sidewalk on both sides of the street within 46 feet of right-of-way, as proposed. 7.1.9 Construct Wilder Street to stub at the west edge of the site approximately 14$ south of the north property line, as proposed. 7.1.10 Install a sign at the terminus of Wilder Street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 7.1.11 Construct all new local streets to provide a minimum offset of 125 feet as proposed. 7.1.12 Direct lot access is prohibited to Ustick Road and shall be noted on the final plat. 7.1.13 Payment of impacts fees are due prior to issuance of a building permit. 7.1.14 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval ~ 7.2.1 All irrigation facilities shall be relocated outside of the ACHD right-of--way. 7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACRD right-of--way. 7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all landscaping proposed within ACRD right-of--way or easement areas. 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right- of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. Exhibit B - ]0- EXHIBIT A n 7.2.8 Utility street cuts in pavement less than five yeazs 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. 7.2.9 All design and construction shall be in accordance with the ACRD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 7.2.11 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 ACRD. The burden shall be upon the applicant to obtain written co~rmation of any change from ACRD. 7.2.12 If the site plan or use should change in the future, ACRD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless awaiver/variance of the requirements or other legal relief is granted by the ACHD Commission. Exhibit B -il- EXHIBIT A C. Legal Description & Ezhibit Map for the Proposed Rewne Legal Descr Lion HayderrHOmes Ustick Property A parcel located In the SW'/, of Section 35, Township 4 North, Range 1 West, Boise Meridian, Cfty of MerkNan, Ada County, Idaho, and more particularly described se toNowa: Commenting at a Srass Cap monument marking the southwest corner of saki SW Y, from which a 5/8 Inch diameter Iron pin marking the southeast comer of said SW %. bears S 89.15'57" E a distance of 2843.5p feet; Thence $ 89'15'67" E along the southerly boundary of said SW Y, a distance of 1622.31 feet to a 518 inch diameter iron pin and the POINT OF BSaINNINO; Thence leaving said southerly taundary N 0'28'42" W a dlatance of 625.77 feet to a t~/8 inoh diameter bon pin on the southerly right-af-way of Ftva Mile Creek; Thence ak>ng said southerly right-of-way S 62.13'25' E a distance of 433.35 test to a 5J8 indt diameter iron pkr on the westerly boundary of Primeland Subdivbbn as shown M t3ook 83 of Pints on Page 9085, records of Ada County, (data; Thence S 8'03'09' W along said Westerly boundary and the probngaNon theroof a distance of 430.47 feet to a 518 inch diameter iron pin on the southerly boundary of said SW !/+; Thence N 89'15'57" W ak-ng said southerly boundary a distance of 333.20 test to the POINT dF t3E41NNIN~3; This parcel contains 4.38 acres and is subJect to any easements existkp or in use. Clinton W. Hansen, PL3 land SoluHans, PC July i 2, 2013 ~'I~i~$~~'lYYS t1.~n -far+a- tAtldc Joe No. t3•ta Exhibit B _ i 2 _ EXHIBIT A In USTICK PROPERTY -EXHIBIT 3?~~ F ~~ 3s• i'`~ 3 z Exhibit B 0 2s' ~ 2 ~ N 69'15'57' W BASIS OF BEARING 0 50 100 200 AREA • 4.31! ACRES t/4 ern olu~ion~ tautd S~aveying and Cansttlting t71/.fMA,fMA MIMOIM~ 4 t1Nt (lOrJ7NAN0 _ p0~1MJfilYt -i3- EXHIBIT A D. Required Findings from Unified Development Code 1. Rezone Findings: Upon recommendation from the Commission, the Council shalt make a full Investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant requests a rezone of the subject property from the R 4 to the R-8 zoning district. The City Council finds that the proposed map amendment is generally consistent with the MDR FLUM designation for this property. Therefore, the City Council finds the amendment is consistent with the applicable provisions of the Comprehensive Plan (see section VII above). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the proposed map amendment to the R-8 zoning district is consistent with the purpose statements for residential districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council fmds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. 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, The City 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 (UDC 11-5B-3.E). The City Council finds this provision does not apply to the subject rezone application. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation. Please see Comprehensive Plan Policies and Goals, Section Vll, of the Staff Report for more information. ~'\ Exhibit B -14- EXHIBIT A I~ Exhibit B b. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Based on comments from the public service providers (i.e., Police, Fire, ACRD, etc.), the City Council finds there is public financial capability of supporting services for the proposed development. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and The City Council fmds this development will not be detrimental to the public health, safety or general welfare. •15- EXHIBIT C ~ Preliminary Plat (dated 8/21/13) "H51.IMINARY 1-'LAl FCJI! TIIC VILLAOl3 AT CbLO CRGHK L~lld 131TUATrO IN A PCJRTION C.Ji~ 'f H13 NI_GTItJN :is, 'ttJWNr31-IIP •1 NU/i l'H. IiAN13C / WL-li'1. N~JIUf~ MGRIOIAN,~M,a COUIJTY. IOAIICJ u a ~ 'tl _ ~ r' Kor~d Nola O ~fianlrrA W Wa e i , (~ Y \ f ~~ _ ~ ~ ~,,~ ~ ._ Nola L 1. .. l{ .,~ ~. . I, '` i -.~ \ - r-~`! ~„ ~ ''~ 1 ~ 1 ~i:,.:~:y.. - -~: ~ ..4...1.x.. ~~~, 1 ~ ~ 1 .. .. .. .,. t +e;. ~ ~ 1 t~ ~ tl k - _ '~ t ... - ._.,. ." _ r. ~~. . J j 1 - .v.~r ~•f1 ~ _ '•-`=f a _- 11.1 I j •~ d H cord Q.eil w. ~ 1. ..II 'E =f r_ ~. __. F .PYiE~.t:.. .yam .-.. _ -.fi~.-1'• ~`r •_. \~ -~ t. ~,r. =v ~' - I ' 0•~ r l ..,. .".. .. "' .. 1f.tF .~ wI w ~ .. ...,.I w. f .. H Ml6der 8l ^ ~ -:.... J pP-1 ~~ Village at Cold Creek Subdivision RZ-13-009; PP-13-023 EXHIBIT D Conceptual Building Elevations ~~ y ~; ~"I~~ iI' - - .- _ ~, ~1 ice,.. 3. _ - - _,_,~..~.. x1 ~ . 'y{ ~- t~ s~y~ ~ i1~ ~ yr7f SL~r~~ ~ i ~~~; r' ~4i~Y3 i~~1 ~+. '~q 1 ~+s ~ .? _ ~ ~1 s ~, ii }k~tSr tl ~~ G> ~i ,t ` ~ ~ \ y' ~~ ~ ~ ~ ~~ ~~ ~,~ ~- 1 ~!! ~ It `' L, ~I ~ ~~ ~ ~ r~- ,r,~r~ I ~~r ~ ,~ ~, ~ ~~ 1 ~ ~ ~ 1 ~,; {..~.~.: _,~~ ~u~~ ._ _'.t=t h:, v, ~ ~ Ai l 1 JJ~ 1 ,~ f ~ ~ Y~ i~ , ~ , r' '( o~aa~....~...-- _ ~ _ _ __ _"~ _ _ - _ - _. _ - __ _. _.- ~ __ ~ .-._ ~- ~ i _ _ i Village at Cold Creek Subdivision RZ-13-009; PP-13-023 EXHIBIT D 4 ) I~jy iJ f t , '1 r~t~ ~y 1 ~.t F':~" ~S"ice - •tir _ ~~ - t - r--~ _ ~ ~r '~~ ~; ~,;,~ ~ ~4 ~, .... t t _~ ~t~, ~ _ `~ ;. ~~ ~.~v.-.,- '~.- __ ~ ~ , 't~ , r ~ ;~~• ,,.. ~ _ _ _ 1,' 1 - -- _ ~ - _ _ - - ~~ '~ ~'~ ;t i ____ ., - - - _ ~J~t ' J EL ..~ •: d T' G: r i~ ~f, 1~.. _ .r _ _ ~ Y; ~~ ~._._ a= ~ F _ -- ---_. ___ __..... __. _ _~ _ I ~~ S i y , L ~1~ /i '~a=7 rl ~'~~ ~' __ ~ ~^ _~_ I - F f '' i f i ~, = ~~~ _ - - - ,.._,_ ,._ r,-- -~- _ --~ ~.- ___ - ^- -- - ~ __~ __ ~f ; .,,~ ..~ -, 1 Village at Cold Creek Subdivision RZ-13-009; PP-13-023 Meridian City Council Meeting DATE: January 28, 2014 ITEM NUMBER: 5K PROJECT NUMBER: AZ 13-014 ITEM TITLE: VICTORY SOUTH Development for Approval: AZ 13-014 Victory South (Hansen Property) by City of Meridian Located South of W. Victory Road, East of S. Linder Road and West of S. Meridian Road Request: Annexation of 310.20 Acres of Land from RUT, R1, R4 and R6 in Ada County to the R-8 (Medium-Density Residential) (88.14 Acres) Zoning Districts MEETING NOTES , ~~~~ :~ ~ r~ !.~ ~.o- _s~~. ~ _~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE F/NAL ACTION DATE: EaIAAILED TO gTAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 36 BOISE IQAHO 011114 09:47 AM REC RDED S REQUEST OF II I IIIIIIIIII III IIIIIIIIIIIII IIIII III Meridian Ciy 114~0~'6~8 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Hansen Merle A & F Laverne Trust, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this ~ day of January :2014, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, and :Hansen Merle A & F Laverne Trust, whose address is 655 W. Victory Road, :Meridian, Idaho 83642 hereinafter called OWNERI DEVELOPER. 1. 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, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511 A provides that cities may, by ordinance, require orpermt as acondition of re-zoning that the OwnerlDeveloperrnake 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 Section 11-SB-3 of the Unified Development Code ("UDC"}, which authorizes development agreements upon the annexationand/or re-zoning of land; and 1.4 WHEREAS, The City of Meridian has submitted an application for annexation and zoning of the Property described in Exhibit "A", requesting a designation of Medium Density Residential. District (R-8 District) under the UDC and generally describing how the Property will be developed and what improvements will be .made; and 1.5 WHEREAS, The City of Meridian made representations at ,the public .hearings both before the Meridian Planning & Zoning. Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and DEVELOPMENTAGREEMENT -VICTORY SOUTH (AZ I3-014) HANSEN PROPERTY PAGE I OF 8 ~ 1,6 WHEREAS, the record of the proceedings for the requested annexation and zoning designation of the subj ect 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 7~" day of January, 2014, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit "B"; and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on annexation and zoning designation; and 1.9 WHEREAS, Owner/Developerdeern 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 Owner/Developer 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 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 on April 19, 241 1, Resolution No. 11-784, and the Zoning and Development Ordinances codified in Meridian Unified Development 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. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and pleases 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 n address is 33 East Broadway Avenue, Meridian, Idaho 83642. DEVELOPMENT AGREEMENT -VICTORY SOUTH (AZ 13-014) HANSEN PROPERTY PAGE 2 OF 8 /'1 3.2 OWNER/DEVELOPER: means and refers Hansen Merle A & F Laverne Trust, whose address is 655 W. Victory Road, Meridian, Idaho 83642, the party that is developing said Property and shall include any subsequent owner/developer(s) of the Property. 3.3 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 re-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 THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian Unified Development Code. 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: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 5.1.1 The Owner/Developer shall provide either a landscape buffer platted as a common lot or plat at a minimum 10,000 square foot residential lots abutting the Kentucky Ridge Estates Subdivision. 5.1.2 Future development of the site shall comply with the ordinances in effect at the time of development. 5.1.3 Future development of the site shall comply with all bulk, use, and development standards of the R-8 zoning district listed in UDC 11-2A-6. 6. COMPLIANCE PERIOD This Agreement must be fully executed within two (2) years after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. In the event Owner/Developer, or Owner's/Developer'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 DEVELOPMENT AGREEMENT -VICTORY SOUTH (AZ 13-014) HANSEN PROPERTY PAGE 3 OF 8 ~"\ Property, this Agreement may be terminated by the City upon compliance with the requirements of the Zoning Ordinance. 7.2 Notice and Cure Period. In the event ofOwner/Developer's default of this Agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, 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. 7.3 Remedies. In the event ofdefault by Owner/Developer that is not cured after notice as described in Section 7.2, Owner/Developer shall be deemed to have consented to modification of this Agreement and de-annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement maybe sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed. for causes that 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. 7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. DEVELOPMENT AGREEMENT -VICTORY SOUTH (AZ 13-014) HANSEN PROPERTY PAGE 4 OF 8 ~1 9. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, 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. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. 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 §11-5-C, to insure that installation of the improvements, which the Owner/Developer agrees to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all ordinances of the City of Meridian and the Property shall be subj ect to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 14. 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: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 OWNER/DEVELOPER: Hansen Merle A & F Laverne Trust 655 W. Victory Road Meridian, Idaho 83642 with copy to: DEVELOPMENT AGREEMENT -VICTORY SOUTH (AZ 13-014) HANSEN PROPERTY PAGE 5 OF 8 ~\ City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. 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.. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure ~ to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer of the Property, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Agreement. I8. 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. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to DEVELOPMENT AGREEMENT -VICTORY SOUTH (AZ 13-014) HANSEN PROPERTY PAGE 6 OF 8 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. 20.1 No condition governing the usesand/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 designationand/or amendment in force at the time of the proposed amendment. 21. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as herenabove provided. OWNERJDEVELOPER: Hansen .Merle A & F Laverne Trust By: ~' ~~ CITY OF MERIDIAN __...~~ .---'' sy; Mayor'T` y de Weerd ATTEST: Jayce . Holman, City Clerk ~- ~ ~ t n DEVELOPMENT AGREEMENT -VICTORY SOUTH (AZ I3-ol4) HANSEN PROPERTY :PAGE 7 OF 8 /"\ STATE OF IDAHO ) . ss: County of Ada, ) r~ On this day of , 2014 before me, the undersigned, a Notary Public in and for said State, personally ap eare ~ • cam.. , known or identified to me to be the ~ Hansen Merle A & F Laverne Trust, and acknowledged to me that they executed the sa eon behalf of said Trust. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day .and year in this certificate first above written. (SEAL, ,. FRg~ 4.•• ~~~,4~.•''""'•».~~'•.,• Notary lic for Idaho ~oTA~gp ~ Residing at: ,~ " -~~ ~ * = My Commissio Expires: f ~° STATE OF IDAHO ss County of Ada ) On this day of ~v~ , 2014, before me, a Natary Public, personally appeared Tammy de Weerd and Jaycee .Holman, 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. 1N WITNESS WHEREOF, I have hereunto set. my hand and affixed my official seal the day and year in this certificate first above written. .. ~, Y (SEAL) ~ No Public fo Idaho Residing at: ~ (f~_ Commission expires; ,~ ~ ~, 8 DEVELOPMENT AGREEMENT -VICTORY SOUTH (AZ 13-0 I4) HANSEN PROPERTY PAGE 8 OF 8 /1 ~GtriS+~n ~!'~/OC~~y EXHIBIT "A" / The Northwest quarter of Che Northeast quarter of Section 25, Township 3 North, Range 1 WesC, Boise Meridian, Ada County, Idaho, EXCEPT a portion of land lying in the Northwest quarter of the NortheasC quaxter of Section 25, Township 3 North, Range 1 Weat, Boise Meridian, Ada County, Idaho, more particularly described by metes and bounds as follawe: Commencing at the Northeast corner of the Northeast quarter aF Section 25, Township 3 North, Range 1 West, Boise Meridian and running North 89°43'11" West, 1,319.73 Eeet along the Northerly boundary of the said Northeast quarter of Section 25 to a point marking the Northeast corner of the Northwest guartar of the said Northeast quarter of Section 25, said point being the TRUE POINT OF BEtlINNINd~ thence South 0°04'50" Went, 3,293.07 Eeet along the Easterly boundary of the said Northwest quarter of the NortheasC quarter of Section 25 to a point Chat bears North 0°04'50" 9ast, 30.00 £eet from the Southe4st corner of the said Northwest quarter of the Northeast quaxter Of Section 25j thence North d9°47'16° Weat, 55.00 feat along a 11ne parallel to and 30.00 feet Northerly from the 8outheriy bou»dary of the said Northwest quarter of the Northeast quarter of Section 25 to a point] thence North 31°18'38" Weat, 365.69 feet t0 a point= thence North 0°D4'50° East, 240,00 feet along a line pazallel Co and 245.57 feet Westerly from the said Eastaxly boundaxy of the Northwest quarter of the Northeast quarter of Section 25 to a point on Che centerline of the Ridei9baugh canal) theme along said centerline of the Ride»baugh Canal the following courses and distanceas North 24°00'00° West, 295.00 feet to a point of cuxveJ thence Northwesterly 99.12 Eeet along a curve to the right having a radius of 305.45 feet, a ~"\ tangent of 50.00 feet, a deflection angle of 19°35'34" right and whose long chord bears North 14°42'13" WesC, 98.69 feet to a point of tangentl thence North 5°24'26" Weat, 125.99 feet to a point of curve] thence Northwesterly 248.25 feet along a curve to the left having a radius of 857.22 feet, a tangent of 125.00 feet, a deflection angle of 16°35'84° left and whose•long chord bears North 13°92'13° WesC, 247.38 feet to a point of tangent= thence North 22°00'00° West, 13,00 Eeet to a point on the said Northerly boundary of the Northeast quarter of Section 25T thence leaving said centerline a£ the Ridenbaugh Canal and running 6outh 89°43'11p East, 467.00 feet along the said Northerly bnundazy of the Northeast quarter of 6action 25 to Che POINT OF BEtlINNINtl. AND EXCEPT a parcel of land being a portion of the Northwest quarter of the NortheasC quarter of Section 25, Township 3 North, Range 1 4Jest, Boise Meridian, Ada County, Idaho and more particularly described as Follows: 9eginning at an aluminum cap marking the Northeast cornet of the NorthwesC quarter of the Northeast quarter o! Section 25, Township 3 North, Range 1 Wear, Boise Meridian, Ada County, Idaho) thence along the Northerly boundary of the said Northwest quarter of the Northeast quarter of (continued) ~~ ~1 LHfdAG DF]BCRiPTTQN (continued} Section 25, North 89°43'11" Weat, 1,319.57 Feet to an iron pin marking the Northweat corner of said Northweat quarter of the Northeast quarters thence leaving said Northerly boundary and along the Westerly boundary of said Northweat quarter of the Northeast quarter South 0°05'51" West, 505.26 Feet to an iron pin, said iron pin being the RHAL POINT OF BEGINNING, thence leaving said Westerly boundary North 61°14'19" Hast, 24.12 Feet to an iron gin; thence North 89°23'51" Hast, 128,00 Eeet to an iron pint thence South 88°28'51" East, };83.15 Feet to an iron pint thence South 78°46'31" Bast, 375.27 Feet to an iron pint thence South 7°03'i5" East, 773.94 Feet to an iron pin on the Southerly boundary of said Northwest quaxtar of the Northeast quarter] thence along said Southerly boundary North 89°44'41" West, 796.15 feet to an iron pin marking the Southwest corner of said Northweat quarter of the Northeast quarters thence leaving said Southerly boundary and along the Westerly boundary of said Northwest quarter of the Northeast quarter North 0°05'51" East, 818.35 Feet to the EOINT OF HEGINNINQ. AND AI,80 EXCEPT a parcel of land situated in Che Northwest quarter of the Northeast quarter of Section 25, Township 3 North, Range 1 Weat, 9oiae Meridian, Ada County, Idaho, more particularly described as Eollowe~ Commencing at the NorthwesC corner of said Northweat quarter of the Northeast quarter] thence ~~ Easterly along North boundary thereoF, a distance of 200 Eeet to a point, the RBAL POINT OF BEGINNINGt thence South parallel to the Weat boundary thereoF, a distance of 220 Eeet Co a pointt thence Hest parallel to the North boundary thereoF, a distance of 200 Feet to a pointt thence North parallel to the West boundary thereoF, a distance of 220 feet to a pointt thence Westerly along North boundary, a distance of 200 Eaet to the RHAL POINT OF BEGINNINO. /~ Exhibit B n CITY OF MERIDIAN E IDIAN~ FINDINGS OF FACT, CONCLUSIONS OF LAW ~ `~ IDAHO DECISION & ORDER In the Matter of Annexation of 310.08 Acres of Land from the RUT, Rl, R4 and R6 Zoning Districts in Ada County to the R 4 (Medium-Low Density Residential) and the R-8 (Medium- Density Residential) Zoning Districts for Victory South, Located South of W. Victory Road, East of S. Linder Road and West of S. Meridian Road, by City of Meridian Planning Division. Case No(s). AZ-13-014 For the City Council Hearing Date of: December 3, 2013 (Findings on January 7, 2014) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of December 3, 2013, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of December 3, 2013, incorporated ~ by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 3, 2013, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of December 3, 2013, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. CITY OF MERIDIAN•FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-13-014 -1- /~ 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 Division, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Comments all in the attached Staff Report for the hearing date of December 3, 2013, incorporated by reference. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: The applicant's request for annexation is hereby approved per the comments in the attached staff report for the hearing date of December 3, 2013, attached as Exhibit A. D. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application 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 may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which maybe adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. E. Attached: Staffreport for the hearing date of December 3, 2013 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION 8c ORDER CASE NO(S). AZ-13-o14 -2- /~ By action of the City Council at its regular meeting held on the day of ~., a.r~ti, 2014. ~1 COUNCIL PRESIDENT BRAD HOAGLUN COUNCIL VICE PRESIDENT CHARLIE ROUNTREE COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER KEITH BIRD VOTED~-~ VOTED_~ VOTED_~~._ VOTED_ ~ f~~..~---_ Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney. ~ . ~ ~ ~. = =~ Dated: ~ " c~S " ~ ~"' Clt~ lerlc s ice ~~~------ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-13-014 -3- MAYOR TAMMY de WEERD VOTED_ ("I'IE BREAKER) /"\ STAFF REPORT Hearing Date: TO: FROM: SUBJECT: EXHIBIT A December 3, 2013 Mayor and City Council Caleb Hood, Planning Division Manager 208-884-5533 E IDIAN~-- IDAHO Bruce Freckleton, Development Services Manager 208-887-2211 Victory South - AZ-13-014 I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The City of Meridian Planning Division has applied for Category B annexation of approximately 310.08 acres of land from the RUT, Rl, R4 and R6 zoning districts in Ada County to the R-4 (Medium-low density residential) (221.94 acres) and R-8 (Medium-density residential) (88.14) zoning districts. See Section IX of the sta, f~`'report for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed annexation (AZ) application in accord with the agency and department comments in Exhibit B and the Findings of Pact and Conclusions of Law in Exhibit n D. The Meridian Planning and Zoning Commission heard this item on November 7.2013. At the public hearing. the Commission voted to recommend approval of the subiect AZ reauest a. Summary of Commission Public Hearing: i. In favor: Planning Division, Public Works. Merle Hansen, Christy Rve and Gordon Hamilton tNeutrall and Beckv MclKav ii. In opposition: Connie Tewalt. Curtis Hoagland and Steve Fader iii. Commenting: Beckv McKay and Alexandria McNish iv. Written testlmonv: None v. Staff presenting application: Caleb Hood vi. Other staff commenting on application: Bill Narv. Tom Barry and Warren Stewart b. Kev Issue(s) of Discussion by Commission: i. Future water auality. ii. Code violations and non-conforming structures/uses in the existing subdivisions. iii. Timing and integration of the Meridian Water and Sewer District's infrastructure with City's water and sewer infrastructure. iv. City service connections ys, existing well and septic for the McNish property. v. Timing and reauirements for the decommissioning of the sewer lagoons. vi. Use of the existing wells and septic svstems remaining until development is proposed or private svstems fail. c. Kev Commission Change(sl to Staff Recommendation: i. Commission modified Planning Division's comment 1.1.1 including the Meridian Heights Water and Sewer District. d. Outstanding Issue(s) for City Council: i. None The Meridian City CnLncil heardthis item on December 3.2013. At the nnblic hearing. the oLncil an»rwed the ctbiect A7 red pest ~~ Victory South - AZ-13-014 PAGE 1 EXHIBIT A III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number AZ-13- 014, aspresented inthe staff report for the hearing date of December 3, 2013, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Number AZ-13-014, as presented during the hearing on December 3, 2013, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number AZ-13-014 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The properties are generally located south of W. Victory Road, east of S. Linder Road and west of S. Meridian Road in Section 25, Township 3 North, Range ]West. B. Owner(s): The proposed annexation is comprised of land owners in the Meridian Heights /.,~ Subdivision, the Kentucky Ridge Estates Subdivision, the Meridian Heights Sewer and Water Victory South - AZ-13-014 PAGE Z EXHIBIT A District, and multiple other parcels owned by the Centers, Tewalt, and Hansens. C. Applicant: Caleb Hood, Planning Division Manager City of Meridian Planning Division 33 E. Broadway Avenue Meridian, Idaho 83642 D. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for an annexation. A public hearing is required before the Planning and Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: October 7, and November 4, 2013(Commission); November 11. and 25.2013 (Councill C. Radius notices mailed to properties within 300 feet on: October 7, 2013 (Commission); November 8.2013 (Councill D. A public service announcement was emailed on: October 21, 2013 (Commission); November 18. 2013 (Council) E. The properties were posted on: October 24, 2013 (Commission); November 19.2013 (Councill ~ VI. LAND USE A. Existing Land Use(s) and Zoning: The subject properties are either developed as County residential subdivisions or are being farmed; zoned RUT, Rl, R4 and R6 in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Bear Creek and Strada Bellissima Subdivisions, zoned R 4 (City) 2. East: Future phases of the Cavanaugh Subdivision, zoned R 8 (City) 3. South: County residences and agricultural land, zoned RUT (Ada County) 4. West: County residences and agricultural land, zoned RUT (Ada County) C. History of Previous Actions: The Kentucky Ridge Estates Subdivision and the Meridian Heights Subdivision were approved through the County. The Tewalt, Hansen and portions of the Centers properties were previously considered for development. These projects were withdrawn by the applicant prior to Council action. D. Utilities: 1. Public Works: a. Location of sewer: The subject area can be served by an extension of the existing sewer main located in W. Victory Road south of Bear Creek No.4 Subdivision. b. Location of water: The subject area can be served by an extension of the existing water mains located in W. Victory Road and S. Meridian Road. c. Issues or concerns: Conversion of existing private sanitary sewer and water systems over to municipal service. Victory South - AZ-13-014 PAGE 3 EXHIBIT A E. Physical Features: 1. Canals/Ditches Irrigation: The Ridenbaugh Canal, Sundall Lateral, Calkins Lateral and other smaller laterals transverse the subject properties. These waterways impact underdeveloped properties and will be addressed when future development is proposed. 2. Hazards: A 75-foot easement for the Williams-Northwest Pipeline Corporation transverses through a portion of the properties proposed for annexation. The Northwest Pipeline is a natural gas pipeline that serves as a primary artery for the transmission of natural gas to the Pacific Northwest and Intermountain Region. The gas company has provided comments on the annexation request and those properties impacted by the easement must adhere to the standards in the developer handbook provided by the gas company. 3. Flood Plain: NA VII. COMPREHENSIVE PLAN POLICIES AND GOALS The subject properties are designated "Low Density Residential" (LDR) and "Medium Density Residential" (MDR) on the Comprehensive Plan Future Land Use Map (FLUM). The LDR designation anticipates densities of 3 dwelling units or less per acre and the MDR designation anticipates densities of 3 to 8 dwelling units per acre. The City is proposing to annex approximately 310.08 acres of land with the R-4 and R-8 zoning districts which is generally consistent with the Future Land Use Map (FLUM) designations. Based on the densities and lot sizes platted with the Kentucky Ridge Estates and Meridian Heights subdivisions, staff is of the opinion that the requested R-4 and R-8 zoning districts are appropriate for these existing developments. With the future development of the vacant and underdeveloped parcels subject to this annexation, staff will ensure compliance with the comprehensive plan and the dimensional standards of the R-4 and R-8 zoning districts. No development is proposed concurrent with the subject annexation request. Staff finds the following Comprehensive Plan policies to be applicable to this application (staff analysis in italics): • "Eliminate existing inadequate private treatment systems in the City and discourage their use within future City limits." (5.07.0X) The connection of the homes in the Meridian Heights and Kentucky Ridge subdivisions to the Ciry's water and sewer systems will necessitate the decommissioning and reclamation of two sewer lagoons which are owned and operated by the Meridian Heights Water and Sewer District. • "Coordinate with public works, police, parks and fire departments on proposed annexation and development requests and the impact on services." (3.04.O1H) Prior to submittal of the subject application, Police, Fire, Parks, and Public Works sta, fJ`'were notified and asked to analyze the annexation for impacts. With the accompanying annexation plan, the applicable City departments provided input and comments on the subject annexation and the impacts to their departments/services. (See the application file for speck comments for all City Departments). • "Support a variety of residential categories (low-, medium-, medium-high 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 opportunities." (3.07.01 E) The properties contained within the annexation boundary are designated LDR and MDR. ~~ Much of this area ofMeridian is rural in nature. Under the R-4 and R-8 zoning districts a Victory South - A2-13-014 PAGE 4 EXHIBIT A mix of residentia! housing is allowed that should provide additional housing choices in the area. • "Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc." (3.05.0X) No new development is proposed with the subject annexation application. With the future development of the vacant properties, the developer will be require to comply with the landscape, fencing, open space and amenity requirements set forth in the UDC. Because the Kentucky Ridge Estates and the Meridian Heights Subdivisions were approved through the County and subject to the County zoning regulations at the time.of development, existing structures and ancillary uses may not comply with all of City Code. If the subject annexation is approved, all existing non-conforming structures and uses that do not comply with the City's zoning regulations will be documented. "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (3.01.O1F) The properties proposed for annexation are contiguous with the current City limits. With the annexation of the properties, the existing, developed residences in the Meridian Heights and Kentucky Ridge subdivisions will be connected to the City of Meridian's water and sewer systems. The remaining properties being annexed (Hansen, Tewalt, Centers and the Meridian Heights Water and Sewer District properties) are undeveloped (vacant) or underdeveloped and city utilities will be extended with future development of these properties. • "Review new development for appropriate opportunities to connect local roads and collectors ~ to adjacent properties." (3.03.020) Several stubs streets were constructed with the development of the Kentucky Ridge and Meridian Heights subdivisions as they were platted in Ada County. Existing stub streets will be extended with a»y future development of adjacent properties. There is an existing private lane (Arcaro) that wild need to be abandoned or converted to a public street if properties adjacent redevelop in the future. • "Implement the City's Pathways Master Plan." (5.03.O1A) The comprehensive plan depicts a 10 foot pathway through the Centers property. If/When future development is proposed, the developer will be required co»struct a 10 foot wide multi-use pathway in accord with the Plan. • "Compose and implement standards and mitigation measures for development near the northwest Pipeline and the liquefied natural gas tank in northwest Meridian." (6.05.0 lI) A portion of the Centers property is impacted by a 75 foot wide Williams-Northwest pipeline easement. Staff will transmit application to the gas company when/if future development(s) come forward. Any improvements and construction within the easement area will require the review and approval of the gas company prior to the commencement of any construction. • "Require adequate fees from new development to fund expansion of services." (6.02.O1C} With any future development of the vacant/underdeveloped properties, the developer will be required to pay impact fees to the City and ACHD to help fund the expansion of City services and future road improvements. The financial and performance responsibilities of connecting the Meridian Heights and Kentucky Ridge subdivisions to the City of Meridian's sewer and water distribution systems ~~ will be borne by a developer, whose property will also be annexed :azder this proposal Victory South - AZ-13-014 PAGE 5 EXHIBIT A (Centers). Upon the physical connection of the existing homes in the subdivisions to the City's water system, full water hook-up fees of $1794 and full sewer hook-up fees in the amount of $2749, will be paid to the City of Meridian by the Meridian Heights Water and Sewer District. Any new home constructed in this area will be required to pay their individual hook-up fees at the time of building permit. • "Enforce City Codes" (3.05.02D) Because the Ke»tucky Ridge Estates and the Meridian Heights Subdivisions were approved through the County and have been subject to the County zoning regulations, existing structures and ancillary uses may not comply with all of City Code. With the annexation of the property, the Ciry will "inherit" any existing code violations. In 2008, the City's Code Enforcement Ojficers were asked to do a preliminary investigation of how many violations may exist in this area; officers found 75 properties with violations. If the subject annexation is approved, all existing non-conforming structures and uses that do not comply with the City's zoning regulations will be documented so code enforcement can address any new violatio»s that may come up in the future. • "Engage the public inland use planning processes by using a variety of methods to inform and solicit comments °' (7.01.O1D) In addition to the noticing requirements of State and City Code, the City of Meridian and the Meridian Heights Sewer and Water District held two (2) open house meetings to discuss the annexation plan with property owners. These meetings were held on October 1 S, and 19, 2013. For the above stated reasons, staff finds the proposed annexation complies, and is not in conflict with, the policies, goals and objectives of the Comprehensive Plan. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of the Residential Districts: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. The medium-low density residential (R-4) district allows a maximum gross density of 4 dwelling units per acre and the medium-density residential (R-8) district allows a maximum gross density of 8 dwelling units per acre. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R 4 and R-8 zoning districts. Any use not explicitly listed, or listed as a prohibited use is prohibited. C. Dimensional Standards: The lots platted with the Kentucky Ridge Estates and Meridian Heights subdivisions comply with the dimensional standards of the proposed zoning districts. Any development proposed for the vacant or undeveloped properties must comply with the dimensional standards outlined in the UDC. All future development on any property subject to this annexation should be consistent with the dimensional standards listed in UDC Table 11-2A-5 and UDC 11-2A-6 for the R-4 and R-8 zoning districts. D. Subdivision Design and Improvement Standards: Any development proposed for the vacant properties in the future must comply with the subdivision design standards outlined in UDC 11- bC-3. E. Landscaping (UDC 11-3B) and open space/amenity standards (UDC 11-3G) will apply to any future proposed development. Victory South - AZ-13-014 PAGE 6 EXHIBIT A F. The non-conforming section (UDC 11-1B) of the UDC applies to the properties developed with the Kentucky Ridge Estates and Meridian Heights Subdivisions. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: Annexation and Zoning Overview: The City of Meridian (City) is proposing to annex 310.20 acres of land adjacent to the existing City corporate boundaries and within Meridian's Area of City Impact (AOCI). The proposed annexation is comprised of the lots in the Meridian Heights Subdivision, the lots in the Kentucky Ridge Estates Subdivision, lands owned by the Meridian Heights Sewer and Water District, and multiple other parcels owned by Hansen, Tewalt and Centers. The proposed zoning designations for the area are R-4 (Medium low-density residential) and R-8 (Medium-density residential) which are consistent with the Future Land Use Map designations. The proposed zoning designations are based on the Comprehensive Plan Future Land Use Map designations, the current densities and lots sizes within the existing subdivisions, zoning of other properties in the area, and probable suitable future uses and densities. State Code: The proposed annexation is subject to the State of Idaho's rules and requirements of a Category B annexation; the subject lands contain more than one hundred separate private ownerships and platted lots where landowners owning more than fifty percent of the area have consented to the subject annexation. Category B annexations require the City to prepare an Annexation Plan which includes, at a minimum, the following elements: (A) The manner of providing tax-supported municipal services to the lands proposed to be annexed; (B) The changes in taxation and other costs, using examples, which would result if the subject lands were to be annexed; (C) The means of providing fee-supported municipal services, if any, to the lands proposed to be annexed; (D) A brief analysis of the potential effects of annexation upon other units of local government which currently provide tax-supported or fee-supported services to the lands proposed to be annexed; and (E) The proposed future land use plan and zoning designation or designations, subject to public hearing, for the lands proposed to be annexed. The City prepared an annexation plan as required under State Statute that provides information to property owners, current and potentially future residents of the City of Meridian, and other interested parties about anticipated changes in taxes, fees, zoning, and services should the subject properties be annexed into the City (see project application for specific details of the Annexation Plan). Utility Extension: The main purpose of the annexation is to assist the Meridian Heights and Sewer District in the Iogical extension of City utilities due to a public safety concerns with the existing private systems. There is an executed three-party agreement that outlines the roles, responsibilities and timing of utility extension in this area. The annexation of the Meridian Heights and Kentucky Ridge subdivisions will require design and installation of a 12" water main and a sewer main to connect the two subdivisions to the City of Meridian's water and sewer systems. The remaining properties being annexed (Hansen, Tewalt, Centers and the Meridian Heights Water & Sewer District properties) are undeveloped or underdeveloped. As such, no extension of water or sewer services will be made to these properties at this time. Rather, any Victory South - AZ-13-014 PAGE 7 ~ EXHIBIT A future development of these properties will require the extension and connection to the City's water distribution and sewer collection systems by the property owner at the time of development, as is required in other property development cases citywide. However, if a well and/or septic system on an underdeveloped property fails, prior to further development, and the property is within 300 feet of the City's water and/or sewer system, the residence will be required to connect to the City's system(s). The financial and performance responsibilities of connecting the Meridian Heights and Kentucky Ridge subdivisions to the City of Meridian's sewer and water distribution systems will be borne by a developer, whose property will also be annexed under this proposal (Centers). Upon the physical connection of the existing homes in the subdivisions to the City's water system, full water hook-up fees of $1794 and full sewer hook-up fees in the amount of $2749, will be paid to the City of Meridian by the Meridian Heights Water & Sewer District. Any new home constructed in this area will be required to pay their individual hook-up fees at the time of building permit. The connection of the homes in the Meridian Heights and Kentucky Ridge subdivisions to the City's water and sewer systems will necessitate the decommissioning and reclamation of two sewer lagoons which are owned and operated by the Meridian Heights Water & Sewer District. If the existing homes in Meridian Heights and Kentucky Ridge subdivisions are connected to the City of Meridian's water and sewer collection systems, the property owners will be required to pay their monthly water and sewer service fees which include a base fee and a usage fee. Properties within the Meridian Heights Water & Sewer District that receive both sewer and water service currently pay $70 per month for those services. If the annexation is approved, the City of Meridian will collect fees for water, sewer, and trash in this area. The current base fee for water is /-~ $1.86 per 1,000 gallons plus a $5.38 monthly administration fee. The current base fee for sewer is $5.43 per 1,000 gallons plus an $8.48 per month administration fee. These fees adequately cover the Operation and Maintenance costs for providing the services. As such, annexation of the area will have little financial impact on the City's Water and Sewer Enterprise Fund Operation and Maintenance Budget. Non-conforming Uses: As mentioned previously in this report, a portion of the property proposed for annexation contains two (2) residential subdivisions approved under the County's ordinances. There are likely uses and structures within the proposed annexation area that do not comply with current Meridian code. Code enforcement officers have patrolled the proposed developments and noted over 75 properties with code violations. The primary City violations noted on the properties consisted of the following: 1) Accessory structures (e.g. -sheds) in the front and or side setbacks; 2} Inoperable and/or unregistered vehicles; 3) Recreational vehicles parked on driveways and; 4) Fencing in disrepair. Any existing structure or activity that is being conducted on properties within the proposed annexation area that is legal under Ada County code will be "grandfathered", if not outright allowed, under City code as an existing non-conforming use ornon-conforming structure provided there is not alife/safety hazard. Upon annexation, all existing non-conforming uses and/or structures will need to be documented to form a baseline on what violations are grandfathered so code enforcement can address any new violations that may come up in the future. Victory South - AZ-13-014 PAGE 8 EXHIBIT A Post annexation all proposed building additions, expansions, subdivision and the establishment of new uses will require application to the City's Community Development Department. Miscellaneous: Prior to submitting the application, the City obtained consent from several property owners subject to this annexation: Hansen, Tewalt, Centers and Meridian Heights Water & Sewer District (MHWSD), One of the provisions contained in all Declaration of Consent to Annexation documents is a provision that the property may not be developed (or receive development approval) until such time as the property owners and the City execute a Development Agreement. The Ordinance of Annexation and Zoning shall contain a provision prohibiting any development approvals on the Hansen, Tewalt and Centers properties until such time as the property owner(s) and the City execute a Development Agreement. The MHWSD, Centers and Tewalt properties are proposed for R-8 zoning; the Centers properties are proposed for R-4 zoning. No development of the properties subject to this annexation is currently proposed. A Development Agreement will be part of any future proposed development application. In summary, Sta, f,~'recommends approval of the proposed annexation request irr accord with the findings contained in Exhibits D and E. X. EXHIBITS A. Maps 1. Vicinity Maps 2. Future Land Use Map B. Agency and Department Comments C. Legal Descriptions and Exhibit Maps for Annexation D. Required Findings from Unified Development Code ~ E. Required Findings from Idaho Code Victory South - AZ-13-014 PAGE 9 ~, A. Drawings 1. Vicinity Maps Victory South -AZ-13-014 EXHIBIT A PAGr 8 EXHIBIT A 2. Future Land Use Map i i ,_i~- ~\ '~,~`j'' i ~j ~, r ~ ~~ r {{.~ r~ t ~ d _ ~. 111 ~7i i i J / V k a i ~ ,: ~ ~ ~ ~ C~ ~ ''~^ -- - - ~ t!! , ~ ~. _ __. ~ ~N F (( ~" ~ ~ ih ...`,. `izsy~~~ x * ~'~ ~~ ~ "`ti _ ~. ' ~ ~ F ---- - _____-_.~_ __._ _ ,. ~ wA Icy d -- ~~`~ ~_ -=-~ . ~.~~ _- -- ~_ _ _ _ r,~ ,~ N. C--. 1I Lk,: ~ .'?5s Victory South - AZ-13-014 PAGE 9 n EXHIBIT A B. AGENCY AND DEPARTMENT COMMENTS 1. PLANNING DIVISION 1.1 Annexation -Comments 1.1.1 The Ordinance of Annexation and Zoning shall contain a provision prohibiting any development approvals on the Hansen, Tewalt, Meridian Heights Water and Sewer District and Centers properties until such time as the property owner(s) and the City execute a Development Agreement. ~e development of the Han en rB_onerty (R-81 Sh~~eveloner shall provide ' per a landscape buffer platted as a cnmmnn lnt ~r plat at a minimum 10.000 auare foo residential lots abutting the Kentucky Ridse Estates Subdivision 1.1.2 Any development of land containing the 75-foot wide gas line easement must comply with the Northwest Pipeline Development Guidelines. An encroachment permit is required for any improvements proposed within the pipeline easement. 1.1.3 Any future development of the site must comply with the City of Meridian ordinances in effect at the time. I .l .4 Any future development shall comply with all bulk, use, and development standards of the R-4 and R-8 zoning district listed in UDC Table I 1-2A-5 and UDC Table 1 I-2A-G 1. t .5 Upon annexation all properties wil l be subject to all current City of Meridian ordinances. 2. PUBLtC WORKS DEPARTM[:N'I' 2.1 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The city requires that any existing surface or well water source shall be used for the primary source. If a surface or well source is not available, asingle-point connection to the culinary watet• system shall be required. 2.5 Any cxisting domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8, unless they are expressly allowed to remain temporarily under the Agreement for Dissolution and Transfer of Assets and Liabilities from the Meridian Heights Water and Sewer District to the City of Meridian; Settlement Agreement and Release. Contact the City of Meridian Engineering 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. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8, unless they are expressly allowed to remain temporarily under the Agreement for Dissolution and Transfer of Assets and Liabilities from the Meridian Heights Water and Sewer District to the City of Meridian; Settlement Agreement and Release. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.9 All parties to the Agreement for Dissolution and Transfer of Assets and Liabilities from the Meridian Heights Water and Sewer District to the City of Meridian; Settlement Agreement and Release shall be responsible for adherence to the terms and conditions thereof. 3. PoLlcr DL;rA12TM[:N'I' 3.1 As unincorporated land within Ada County, the owners of the property within the proposed annexation area are currently served by the Ada County Sheriff s Department. If the proposed annexation is approved the Meridian police Department (MPU) will serve this al•ea. Victory South A7-13-014 PAGG 10 EXHIBIT A Meridian Police Department services will extend to tl-e proposed annexation area bt-t not without adjustment to current staffing requirements, some immediately. In 2008, when discussions first started about annexing property in this area, code enforcement officers were asked to document the code violations of Meridian City ordinances. Officers found 75 prope-•ties with violations. In 2012, officers were asked to reevaluate the area. Very few compliance changes were seen. If a decision is made to annex this property and to "grandfather" all existing violations in the area as non-conforming uses and/or st-•uctures, MPD will need to have the entire team of flue code officers including their supervisors, document each property parcel in this annexation to form a Vaseline on what violations are grandfatl-ered, so MPD can p-•otect existing homeowners and address any new violations that may come up in the future. This work will take time and will need to start upon annexation. Code officers will continue to work in the communities as needed. As MPD looks at patrol officer staffing levels, this annexation will trigger a need for more patrol officers sooner than later. 'I'bis is an established group of subdivisions with a researchable history of calls for service that have been handled tlu•u the Ada County Sheriff s Office. An annexation of this size would inclt-de 305 homes with 805 estimated new Meridian residents (305 X 2.63). The Meridian Police Department assigns its staff and resources according to a system of two different geographical areas coupled with crime analysis data. MPD can anticipate additional call load and calculate the demands that will be placed on cur-•ent police resources. To ensure adequate resources, the Police Department may be required to submit a budget enhancement for the fiscal budget year 2015. hi addition to police responses to calls for service through the E911 and non-emergency dispatch system, many other police services will be extended to the communities' residents. Existing patrol officers and specialized pat-•ol t-•affic teams will help to reduce vehicle accidents and enhance safety. MPD is also able to provide crime prevention resources, school resource officers, c-•irne analysis data and assistance, victi-n witness coordination, anti-drug education resotrces, a Criminal Investigation Division to examine any c-•i-nes that -nay take place, and Code Enforcement services to Help resolve problems and enhance the quality of life as it relates to peace and safety of the community. As our population continues to grow, we will need to increase these resources for residents. 4. FIRE DEPAR7'NIENT 4. I The lands proposed to be amiexed are currently served by the Meridian Fire Department under a Joint Powers Agreement with the Meridian Rural Fire Protection District. Fire Station 1, located at 540 E. Franklin Road, currently serves this area. In 2015, Fire Station 6, located near the Ten Mile/Overland intersection, is expected to be built. In addition, the arcs of Meridian Road south of I-84 between Victory Road and Lake Hazel Road is currently in the Fire Department long term master planning for a futtr-•e fire station location to better serve this a-•ea. Annexation of the proposed lands would reduce the tax revenues collected by the Rural Fire District, which would be offset by a formulaic reduction in the amount the District pays to the City to provide fire services. Coordination with Public Works will occur to ensure any changes a-• Additions to water delivery systems support adequate fire flow. Emergency Medical Services (EMS) will continue to be provided by the Meridian Fire Department and Ada County Paramedics; no change is proposed to this service. ~ 5. REPUBLIC SERVICES Victory Snulh A'L-13.014 PACE I t EXHIBIT A 5.1 Republic Services has no concenis related to this application. 6. PARKS DF,PARTMENT 6.1 Parks and recreation services are currently provided in this area by the Ada County Department of Parks and Waterways. All existing City parks and pathways are available for use by the residents of the area to be annexed. Rea•eation programs, such as adult sports, are available to City residents at a discount compared to County residents. The City currently has a 19-acre Community Park, Bear Creek Park, located approximately %i mile north of the area to be annexed. The City also has two public Neighborhood Parks in South Meridian, namely Gordon Harris Park (11 acres, located near Mountain View High School) and Renaissance Park (6.5 acres, located in Tuscany Subdivision), There is a Park System Master Plan that identifies future park needs and sites for all of the area of impact; that plan will be updated in 2014. The City's Future Land Use Map shows a future park just south of the properties proposed for annexation, northwest of the Amity/Meridian intersection. The City currently owns a 77-acre site for a filture major parkin South Meridian,''/a mile east of Locust Grove Road on Lake Hazel Road. No new City parks will need to be planned as a result of the proposed annexation. 7. ADA COUNTY HIGHWAI' DISTRIC'T' Connnenls /rave nnl yet been received•fi•om ACHD o/l Ibis application. 8. COYtrv1UN1TY PLANNING ASSOCIATION OT SOIITIINCST IDAHO 8.1 The 2035 Planning Functional Classification Map indicates State Highway 69 (Meridian Road) as a principal arterial, Victory Road and Linder Road as minor arterials. There are no projects identified in the FY2014-2018 Regional Transportation Improvement Program (TIP) within the study area. The proposed annexation location is not within a quarter mile of existing transit stops or transit routes. The closest bus stop is approximately I.5 miles north at the Axiam Gym park and ride facility. This facility is utilized by carpoolers, and serves several Commuteride vanpools as well as Valley Regional Transit's intercity Route '10. The proposed annexation is in the Meridian School District boundary, and is within the Maty McPherson Elementary enrollment area. 9. JOIN'T' SCHOOL DISTRIC'T' #2 Co7/7//7e17/S l1aVe 170/ beep l'ecelVed. ~~ Victory South A7.-13-014 PAGE 12 ~ EXHIBIT A C. Legal Descriptions and Exhibit Maps for Annexation September 27. 2013 Desc ~-Q for R-4 Zone Meridian CitvAnnexatfon Portion of Section 25, Townsh)p 3 N., Range I W., 9.M. A parcel of land located in lho NE Y and the W 4S of Seclfon 26, Township 3 North, Range 1 West, Bolas Meridian, Ada County, Idaho, arxl more particularly deacrlbed as follows: COMMENCING at a 5/8" iron pin monument marking the northwest corner of aeid Seollon 26, from which a 5/8" Iron pin monument marking the NIN % corner of sold section bears South 89°42'27" East, 2640.22 feet; thonco along the west boundary of the NW'/. of the NW'/. of said Sootion 26 South 00°16'21" Wast, 1325,72 foal to the SW corner of said NW % of the NW 1/4, the POINT OF BEGINNINti; Thence along the south boundary of said NW'/. of the NW'/i South 89°45'13" Easf, 1321.85 feet to the 5E corner of said NW '/. of the NW'/., saki point being the southwesterly wmsr o- Kentucky Ridge Eatales Subdtvislon, as filed for record in Book 70 of Plats at Page 7191, records of Ada County, Idaho; Thence along the southerly boundary of said Kentucky Ridge Eelatea Subdivision, the southerly boundary of Kentucky Ridge Estates Subdivision No. 2, as (fled for record In Book 72 of Plats at Page 7389, records of Ada County, Idaho, and the south boundary of the NE'/~ of -he NW '/. of ~~ said Section 26 6outh 89°45'13" East, 835.02 feel to the southeast comer of Lot 3, Block 3 of said Kentucky Rkfge Subdivision; Thence ebng the easterly boundary of sold Lot 3; Thence North 00°05'61" East, 528.65 feat; Thenco North 10°26'21" Easl, 339.91 feet; Thence North 01°14'19` East, 33.74 feel to a point on the westerly right-ofway of S. Kentucky Way; Thence continuing along saki easterly boundary, and along said right•of-way: Thence North 57°3760° Wesl, 86.38 teat to a paint of curvature; Thence 269.99 feet ebng the arc of a curve to the right, sold curve having a radius of 258.00 feel, a delta angle of 57°44'15", and a long chord bearing North 28°45'42" West, 249.13 feet to a polo! of tangency; Thence North 00°08'26" East, 141.72 feet; Thenoe leaving aeid boundary and right-of--way, and continuing North 00°08'25" Eeat, 49.94 feet to a point on the north boundary of the NW'/ of said Section 25; 120503-R-4.docx ~~ Victory South AL-13-014 PAGE 13 EXH[B1T A Thence along said north boundary South 89°42'27` Eest, 87?..00 feet to the N '/, corner of said Section 26, eaid point being the northeasterly comer of said Kentucky Ridge Subdivision; Thence along the easterly boundary o/said Kentucky Ridge Subdivision; Thence South 00.05'61` West, 505.28 feel; Thence North 81.14'19' East, 24.12 feel; Thence North 84°23'!;1" East, 128.00 feet; Thence South 88°28'51" East, 183.15 feet; Thence South 78"46'31" East, 37b.27 feel; Thence South 07°03'15` Easl, 773.94 feet to Ilm southeasterly corner of said Kentucky Ridge Subdivision, said point being on the south boundary of the NW '/. of the NE '/. of setd Section 25; Thence leaving said subdivision boundary, and along said south boundary South 89'44'41' East, 523.97 feel to the SE comer of said NW Y° of the NE 3S, said point being on tho extension of the westedy boundary of Meridian Heights Subdivision No. 3, as filed for recoro In Book 82 of Plats at Page 8274, records of Ade County, Idaho; Thence along said westerly boundary and extension thereof, and the west boundary of the SW '/. of the NE Y. of sa(d Seclton 2b South 00°04'60' West, 1323.11 feet to the southwesterly t~ corner of said Meridian Heights Subdivision No. 3, said point also being the SE corner of said SW '/. of the NE '/.; Thence leaving said westerly boundary and along the south boundary of said SW %. of the NE '/° North 69°44'53' Wesl, 1320.21 feet to the Center'/. corner of eaid Seclton 2b, said point being the NE corner of Parcel B as shown on Record of Survey No. 5104, records of Ada Courtly, Idaho; Thence along the southerly and westerly boundary of eaid Parcel B: Thence South 00°05'29' Wesl (formerly South 00°09'62" East), 1324.03 feet to the SE comer of said Parcel &, Thence North 89°51'38" West (formerly South 89°63'03' West), 1829.22 feet to the southwestery corner of said Parcel 8; Thence North 41°46'40° West (formerly North 42°02'00" Wesi}, 913.80 foal; Thence North 44°08'40' Wesi (formerly North 44°22'00" West), 45.00 Feet; Thence North b9°37'40° West (formerly North 59°63'00' Wesl}, 42,00 Feet; Thence North 70°60'40" West (formerly North 71°08'00° West), 60.00 feet; 120503-R-4.doox /~ Victory South AZ-13-014 PACE 14 ~~ 120503-R-4.docx Victory South AL-13-014 PAGfi 15 EXHIBIT A ~~ W Z • -- 4 __._ ~ Y Q ,) _l... _ I IA1~ ~ tN( OWtNC OtSiMICE TINE DE11R111D OISIM1tE I~ uo x 1/•99' N /s.0o' ue x ao»6'as' t u l.tt' W. Ak11TY QD UI N 59'!)10' N 12.00' U9 N 00'06'tS' E _ 19,01' - - \` " '_ , , _ _ ~ ~ •-= `--' l17 N )0'5090' N 90.00' la0 S 00'05'91' W SOS 26' ` ll! x 9!'1!'05' N IS,tS' l21 N 61'R'19' f N.12' \ ~ ~ I IN N 00'0531' E Sa9.6S' tY1 x 81'23'91' E Ia6,00' _1 US N 10'tYtl' E J39.91' la3 S 6tl'19'St' E IOJ IS' CURVE TABLE t16 N 61'1{'19' E ' ' Jl.f1' ltl S 79'16'JI' E 31S.tT' fAIRVf IfN01N fU011S OftN1 fJiDltl RRC CHORD L1) M StJJ SO M 69!0' CI x99.09 x56.00 5>11'IS' H x6'15'42' W 719.13 surf (••(000' OITCDAIE 09/27/!3 pROPOSEO MERIDIAN CITY ANNEXATION R-4 ZONE ENGINEERING fii0,1 No. t2oso3 CENTERS/MERIDIAN HEIGHTS ~'QjtiT~GIVS SHEET > 1 OF 1 LOCATED NJ SECTION xS 1029 N. pOSAR10 9T., 9tE ~a0 T.JN., R.IW,. B.M. NLRgWI, N1M~0 97612 ~20503-AN](DNG ONb MERIDIAN, ADA COUNTY, IDAHO ~+ @aq fl6-61eo fa. (101) !79.01~~ ~~, Victory SolltlT A7.-13-014 PAGE IG /'1 EXHIBIT A September 27, 2013 Descr ~ jt on for R-8 Zone Mertdtan City Annexatton Portion of Section 25, Township 3 N., Range 1 W., B.M. A parcel of land located in the NE'/. and the W % of Soctton 26, Townehlp 3 North, Rengs 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows; BEGINNING el a 6J8° Iron pin monument marking the N'/. corner of said Section 26, from which a b/8° Iron pin monument marking the northwest corner of said section bears North B9°42'27" West, 2840.22 feet, said point being the northeasterly comer of Kentucky Ridge Estates Subdivision, as tiled for record in Book 70 of Plats et Page 7191, records of Ada County, Idaho, and being on the ex(aftng Meridian Cily Llmlts boundary (Merkitan Cily Ordfiance ff878); Thence along the north boundary of the NE Y of said Section 2b and the oxlating City Umits boundary South 89°43'11 `East, 1145.61 feel; Thence leaving the existing City Limits boundary and continuing along Bald north boundary South 88'43'11" East, 173.58 teat to the northwesterly corner of Parcel A as described In Instrument No. 110048381, records of Ada County, Idaho; Thence abng the westerly boundary of Bald Parcel A: /..t Thence South 00°08'19' Weal, 386.66 feet; Thence South 89°48'31" East, 198.19 feat; Thence South 76°27'20' Eaat, 41.41 feet to the northwesterly corner of Meridian Heights Subdivta(on No. 2, as tiled for record in Book 41 of Plata al Page 3353, records of Ada County, Idaho; Thence leaving Bald westerly boundary, and along the northerly and easterly boundary of said Meridian Heights Subdivision No. 2: Thence conlinutng South 76°27'20" Easl, 170.40 feet; Thence South 83°84'20' Easl, 247.28 feet; Thence South 69°04'20" East, 210.37 feet; Thence South 80°32'60" East, b82.21 feet; Thence South 89°43'11" East, 26.00 feet to a point on the east boundary of the NE'/. of Bald Section 26 and the existing Gly limits boundary (Merfdlan Cily Ordinance No. OB-1259); Thence along said east boundary and existing Cliy Llmlts boundary South 00°03'40" West, 803.14 feet; 120503-It-8.docx /~ Victory South AZ-13-014 PAGE 1? EXHIBIT A Thence leaving said existing City Limits boundary end continuing along said east boundary South 00°03'40' Wast, 136.28 lest to a point on the existing City Llm(te boundary (Meridian Clty Ordinance No, 08-12b9); Thence along said east boundary and existing CHy Limits boundary South 00°03'40' West, 442.98 feet to the norlheaaterly corner of Meridian Nelghts Subdivision No. 1, as fired for record In Book 27 of Plats at Pege 1892, records of Ada County, Idaho; Thence along the easterly and southerly boundary of said Meridian Heights Subdivision No. 1: Thence contlnuing along the east boundary of the NE '/, of sa-d Sectbn 2b and the existing City Limlls boundary South OD°03'40' West, 335.09 feet to the SE cornerof Bald NE'/°; Thence leaving the existing Ctty Limlls boundary and along the south boundary of said NE'/, North 89°51'21" West, 830.70 feet to the southwesterly corner of said Meridian Hetghts Subdivision Nc. 1, said point also being the southeasterly corner of Meridian Hetghts Subdivision No. 3, as filed for record in Book 82 of Plats at Page 6274, records of Ada County, Idaho; Thence contlnuing North 89.61'21 `West along the southerly boundary of said Meridian Heights Subdivisbn No. 3, 489.92 feet; Thence slang the westerly boundary of said Meridian Heighla Subdivision No. 3 and the extension thereof North 00°04'50" Easl, 1323.1 t feet to the southeast corner of the NW'/ of the NE'/. of said Seaton 2b; /~ Thence leaving said westerly boundary, and along the southerly boundary of said NW '/. of the NE % North 89.44'41" West, b23.97 feet to the southeast corner of said Kentucky Ridge Estates Subdivision; Thence along the easterly boundary of said Kentucky Ridge Subdivision: Thence North 07°03'1b' West, 773.94 feat; Thence North 78'48'31" Weat, 376.27 feet Thence North 88°28'61 "West, 183.15 feet; Thence South 84.23'bt"West, f 28,00 feet; Thence South 81°14'19" West, 24.12 feet; Thence NoHh 00°06'61" East, 606.28 feet to the POINT OF BEGINNING. Said paroel containing 88.14 acres, more or less. This description was prepared Irom data of record and does not represent a field survey of the aubJecl property. 120503-R-8.docx /'~ Victory South AL-13-014 PAGt: 18 EXHIBIT A - I 1 OASIS Of BEnRwC ~ ll ~~ N 69'2'27" W 2610.22' w " ~ TORY IUD; i I , 88.14 ACRES ~~~.. ~~ ~ ~~ ^z la,~,. l-l_ . b,~~- . t._ u'I~'i ~- - ~, ~T - - - ~...::3. b0~ ~,~ _~~~~ i-. f~ Jn ~ ~• N ~~ )p{y ~ ~~.q. , l ~ .~ ~N~ ~ll,s~ ~°J5 STfA .I (__ a 11118 >a ~ ~ `~ 7 ~/)~t~ ~ _ i } Ot _ ~ I 'yI'fOF oN W.pP IN TA 9L lN[ ll BEIRNC S 89'/J'l l' C OISIA4CE 17)55' lll~ dEAWING 0151MlCE l8 S 609750' E ' W A~IT l7 S 00'ODY9' W JSS.6S' 567.91 l9 S 59'1)'11' t 2300' _ _ Y ~, _ ~w _- - ~ ~~ -' - ^ U S 89'16')1' E ' ' ' 195.19' l70 N 00'05'51'. E SOS.16' ` I U 5 15 P 70 E 11.11' l21 S 61'11'19 M t1.tY ~ I I ~ ~5 s 7s2rto" E 170.+0' t2t s ee2rsl• w 12D.00' _' \ 111 l6 S 6!'5/'90' E 717.78' L2S N DD'25'S1' W ISI.IS' U 5 59'0!'70' E 210.)7' l91 N 18'16)1' f! )73.77' sruE 1""1000' D~.D~Tt D9~zT~T~ PROPOSED MERIDIAN CITY ANNEXATION R-B ZONE E'NG/NEERING ~, ND 120503 CENTERS/MERIDIAN HEIGHTS SQLUT/F SHEET NS 1 OF 1 LOCATED IN SECTION 25 1079 N. ROSARIO ST , STE. 100 T.JN., R.IW.. B.M. N 87512 ~ f~ ~ IZO:A!-ANXOWC Ok6 __ _ MERIDIAN, ADA COUNTY, IDAHO ~ ~ r vlwn ( ___ poe) fb•oul ~~ Victory South AZ-13-014 pnGE 19 EXHIBIT A D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, tl~e Council shall make a full investigation and shall, at the public hearing, review the application. In orcier to grant an annexation, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The City of Meridian Planning Division is proposing to annex approximately 3 (0.08 acres to the R-4 and R-8 zoning districts. The Council finds that the proposed map amendment is generally catuistent with the Low Density Residential and Medium .Density Residential Future Land Use Map designation for these properties. Therefore, the Council finds the amendment is consistent with the applicable provisions oC the Comprehensive Plan (see section Vll above). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council finds that the proposed map amendment to the R-4 and R-8 zoning districts is consistent with the purpose statements for residential districts as detailed in Section Vll( above. c. The map amendment shalt not be materially detrimental to the public health, safety, and welfare; The Council finds that the proposed zoning amendment will not he detrimental to the public ~^ health, safety, or welfare. The Council considered all oral and written testimony provided when determining this 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 tl~e City including, but not limited to, school districts; and, The 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 (UDC l 1-513-3.E). The Council finds annexing these properties with the R-4 and R-8 zoning districts is in the best interest of the City. /"'\ Victory South AZ-13-014 PAGE 20 EXHIBIT A E. Required Findings from Idaho Code 1. I.C. 50-222.S.b.vi After considering the written and oral comments of property owners whose land would be annexed and other affected persons, the city council may proceed with the enactment of an ordinance of annexation and zoning. In the course of the consideration of any such ordinance, the city must make express findings, to beset forth in the minutes of the city council meeting at which the annexation is approved, as follows: (A) The land to be annexed meets the applicable requirements of this section and ctoes not fall within the exceptions or conciitiorral exceptions contained in this section; The Council finds the proposed annexation meets the requirements of Idaho Code § 50-222 and does not fall within the exceptions or conditional exceptions contained in that section. (B) The annexation would be consistent with the public purposes addressed in the annexation plan prepared by the city; The Council finds the annexation is consistent with the public purposes stated in the annexation plan. (C) The annexation is reasonably necessary for the orcierly development of the city. The Council finds the subject annexation is necessary for the orderly development of the City. ~\ ~\ Victory South A7-13-014 PAGE 21 Meridian City Council Meeting DATE: January 28, 2014 ITEM NUMBER:. 5L PROJECT NUMBER:. ITEM TITLE: RESOLUTION NO. Resolution No. ~`7 ' ~ : A Resolution Authorizing the City Clerk to Destroy Certain Semi-Permanent Records of the Meridian Police Department. MEETING NOTES ,~ , . ,~.. Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO 8TAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS i"'~, A CITY OF MERIDIAN RESOLUTION NO. /'1 /``~ BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN AUTHORIZING THE CITY CLERK TO DESTROY CERTAIN SEMI- PERMANENT RECORDS OF THE MERIDIAN POLICE DEPARTMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Council have the authority pursuant to Idaho Code section 50-907(4) to, by resolution, destroy semi-permanent records, upon the advice of the City Attorney, and with such disposition to be under the direction and supervision of the City Clerk; and WHEREAS, the City Clerk has identified certain semi-permanent records that may be destroyed pursuant to Idaho Code sections 50-907(2) because the time period. for retention of such records has expired; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the City Clerk is hereby authorized to direct and supervise the destruction of the following semi-permanent records of the Police Department: POLICE YEAR(S) DESCRIPTION Semi- ermanent Records Animal Control Records 1978 through 1998 Includes Animal Complaint Reports for lost dogs, dogs and cattle at large, barking dogs, and cruelty to animals Crime Reports (DRs) for 1978 through 1998 Includes Crime Reports for non- other crimes ma'or crimes Impounded & Abandoned 1978 through 1998 Includes Abandoned/ Impounded Vehicle Records Vehicle Re orts Property and evidence 1978 through 1998 Includes records used to track control and disposition of property and evidence coming records into the police department's possession. Not included are property and evidence control and disposition records that are embedded with a crime report (DR) as those are retained according to the retention period established for crime re orts. Traffic Collision Re orts 1978 throu h 1998 Includes Traffic Collision Re orts RESOLUTION AUTHORIZING DESTRUCTION OF POLICE DEPARTMENT RECORDS PAGE 1 OF ~"\ not embedded within a crime re ort Section 2. That the City Clerk is authorized to take all necessary steps to destroy the records as provided by this Resolution. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. f`''~- ADOPTED by the City Council of the City of Meridian, Idaho, this ~ day of January, 2014. ~P~ APPROVED by the Mayor of the City of Meridian, Idaho, this !-~ day of January, 2014. APPROVED: Mayor T y e Weerd ATTEST: ;.,Z,:-; ~ ~ ~.ct _0~~.~ ,~.` 1 >~ By. ~ ~~ , City oY o, Jaycee olman, City Clerk ~../1/~EI IfiI~N*.- a IDAHO `~ SF~L, lFy `~ 6 ~~~1e 7fi8p56C• RESOLUTION AUTHORIZING DESTRUCTION OF POLICE DEPARTMENT RECORDS PAGE 2 OF 2 Meridian City Council Meeting DATE: January 28, 2014 ITEM NUMBER: 6A PROJECT NUMBER: ITEM TITLE: COMMUNITY LEADERSHIP AWARD Community Presentation: Community Leadership Award MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO gTAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: January 28, 2014 ITEM NUMBER: 6B PROJECT NUMBER: ITEM TITLE: MYAC UPDATE Mayor's Office: Mayor's Youth Advisory Council (MYAC) Update MEETING NOTES ~~,~ ~~;5 ,~,~ Community Item/Presentations Presenter Contact Info.INotes CLERKS OFFICE F/NAL ACTON DATE: E-INAl1.ED TO gTAFF SENT TO AQENCY 8ENT TO APPLICANT NOTEB INITIALS Meridian City Council Meeting DATE: January 28, 2014 ITEM NUMBER: 7 PROJECT NUMBER: ITEM TITLE: Items Moved From Consent Agenda MEETING NOTES I I ~' Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE F/NAL ACTION DATE: EaIAAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: January 28, 2014 ITEM NUMBER: $/~ PROJECT NUMBER: RZ 13-017 ITEM TITLE: SHERYL 4-PLEX Continued from January 21, 2014:. Public Hearing: RZ 13-017 Sheryl 4-Plex by JTC Inc. or Assigns Located 3150 W. Sheryl Drive Request: Rezone of 0.54 of an Acre of Land from the L-O to the TN-R Zoning District MEETING NOTES C~ °~ ~` ~kk~, ~y~ Community ttem/Presentations Presenter Contact Info./Notes CLERKS OFFICE F/NAL ACTION DATE: E-AAAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: January 28, 2014 ITEM NUMBER: $B PROJECT NUMBER: FP 07-030 ITEM TITLE: SCHULTZ DEVELOPMENT BARAYA SUBDIVISION NO. 1 Request for Withdrawal of Application by Schultz Development Baraya Subdivision No. 1 FP 07-030 Final Plat approval for 50 single family building lots and 14 common lots on 10.10 acres in an R-4 zone Located East of Black Cat Road on Franklin Road MEETING NOTES ~~ ~~~ t t y~ a .' :.,. Community ItemlPresentations Presenter Contact Info./Notes CLERKS OFFICE F/NAL ACTION DATE: EaIAAILED TO STAFF 8ENT TO AGENCY SENT TO APPLICANT NOTEB INITIALS Meridian City Council Meeting DATE: January 28, 2014 ITEM NUMBER: $C PROJECT NUMBER: FP 07-031 ITEM TITLE: SCHULTZ DEVELOPMENT BARAYA SUBDIVISION N0.2 Request for Withdrawal of Application by Schultz Development Baraya Subdivision No. 2 FP 07-031 Final Plat approval for 50 single family building lots and 2 common lots on 1.0.55 acres in an R-4 zone Located East of Black Cat Road on Franklin Road MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-IIIAAIILED TO gTAFF SENT TO AGENCY 8ENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: January 28, .2014 ITEM NUMBER: $p PROJECT NUMBER: FP 13-047 ITEM TITLE: CBH HOMES BARAYA SUBDIVISION N0.3 Continued from January 21, 2014: FP 13-047 Baraya Subdivision No. 3 by CBH Homes Located at South Side of W. Franklin Road, Midway Between Black Cat and Ten Mile Roads Request: Final Plat Consisting of Forty-Seven (47) Single-Family Residential Building Lots and Three (3) Common Lots on 11.05 Acres of Land in the R-8 and R-15 Zoning Districts AND Request to Renumber this to Subdivision No. 1 MEETING NOTES ~: ~~~ ~~~ Community Item/Presentations Presenter Contact InfoJNotes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AtiENCY SENT TO APPLICANT NOTES INITIALg Meridian City Council Meeting DATE: January 28, 2014 ITEM NUMBER: 9A PROJECT NUMBER: ITEM TITLE: PARKS ~ RECREATION REPORT Parks 8~ Recreation Department Report: 2013 Kleiner Park Concession Update and Proposed Concessions Operations Lease Amendment MEETING NOTES ~ ~ ~~ Community ItemiPresentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAULED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: January 28, 2014 ITEM NUMBER: 9B PROJECT NUMBER: ITEM TITLE: MERIDIAN HEIGHTS WATER/SEWER DISTRICT FEE Legal Department: Meridian Heights Water and Sewer District Fee for Sewer service MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MANED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting ~o~- DATE: January 28, 2014 ITEM NUMBER: 4~fl$-~ PROJECT NUMBER: ITEM TITLE: ORDINANCE NO. ty- 15~~ Ordinance No. ~~° An Ordinance (AZ 13-014 -Victory South) for the Annexation of a Parcel of Land located in the NE 1 /4 of the W 1 /2 of Section 25, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho MEETING NOTES ~ ~{' R `~ ~ .~ ~ ~ y Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA Ci9llhfif RECOll1181 quislopher D. Rich ANIOWiT .~ 10 tO~E I~lHO Otl~0114 09:41 AM DEPUTY Liss is0 tt I REl~14t1ED-AEQUEBT Of ~~I f'~~'~~'~~~'~'~~~'~~~~ ~~'~~ Muidiafl pM 114007b67 CITY OF MERIDIAN ORDINANCE NO.~,~~ BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA AN ORDINANCE (AZ 13-014 -VICTORY SOUTH) FOR ANNEXATION OF A PARCEL OF LAND LOCATED IN THE NE'/.OF THE W'/: OF SECTION 25, TOWNSHIP 3 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 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, Rl, R4 AND R6 ZONING DISTRICTS IN ADA COUNTY TO R-4 (LOW DENSITY RESIDENTIAL DISTRICT) AND 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" are within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written Declaration of Consent to Annexation for annexation and re-zoning from several property owners subject to this annexation: Hansen, Tewalt, Centers and Meridian Heights Water and Sewer District (MHWSD). Pursuant to Idaho Code § 50-222, Category B Annexation, said property owners incorporate more than fifty percent (50%) of the area of the subject lands annexed. SECTION 2. One of the provisions of the Declaration of Consent to Annexation is that the property may not develop (or receive development approval) until such time. as the property owners and the City execute a Development Agreement. SECTION 3. That the above-described real property is hereby annexed and re-zoned from RUT, Rl, R4 and R6 zoning districts in Ada County to R-4 (Low Density Residential District) and R-8 (Medium Density Residential District), in the Meridian City Code. SECTION 4. That the City has authority pursuant to the Taws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. ANNEXATION -VICTORY SOUTH (AZ 13-014) Page 1 of 3 SECTION 5. 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. SECTION 6. 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 7. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 8. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 9. 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 14. 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 , 2014. APPROVED THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~~ day of Ylr M.1 , 2014. CITY OF MERIDIAN ~~ I;y: ATTEST: ,~ ~ ~ '`'~: 4 ~~v ; cee )"Tolman, City Clerk ~.'." ,r ANNEXATION -VICTORY SOUTH ~A~-lid)' Page Z of 3 STATE OF IDAHO, ) ss: County of Ada ) On this ~ day of ~an , 2014, before me, the undersigned, a Notary Public in and for said State, personally appearedMY de WEERD and JAYCEE L. HOLMAN, 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. ~"s v (SEAL) @~« ARY PUB IC FOR HO RESIDING AT: N(~ ~ t a --t 1 h MY COMMISSION EXPIRES: ' ~~ .~~v ,- `•~~ +*~4gK ANNEXATION - V[CTORY SOUTH (AZ 13-014) Pn~e 3 of 3 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE N0.14- PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for a parcel of land located in the NE %4 and the W %2 of Section 25, Township 3 North, Range 1 West, Boise, Ada County, Idaho. This parcel contains 310.08 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of--way of record or implied. As sLUVeyed 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 Broadway Avenue, Meridian, Idaho. This ordinance shall become effective on the day of , 2014. City of Meridian Mayor and City Council By: Jaycee L. Holman, 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 ORDINANCE NO. 14- 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. 14- 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 , 2014. William. L.M. Nary City Attorney ORDINANCE SUMMARY -VICTORY SOUTH (AZ 13-014) EXHIBIT A `Legal Descriptions September 27, 2013 C7e~cription for R-4 Zone Meridian City,Annexation Portion afSection 25, Township 31V., Range 1 W., B.M. A parcel of tend located in the NE '/° and the W %: of Section 25, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more parlicutarly desoribed as follows: COMMENCING at a 5/8" Iran pin monument marking the northwest comer of said Section 25, from which a 6/8° Iron pIn monument marking the NW '/, corner of said secffon bears South 89°42'?.7" East, 2840.22 feat; thenco along the west boundary of the NW'/, of the NW'/+ of said Seciion 25 South 00°15'21" West, 1325.72 feet to the SW corner of saW NW '/. of the NW 1/4, the POINT nF BEGfNNING; Thence along the south boundary of said NW'/, of the NW'/. South 89°45'13" East, 1321.85 feet to the SE corner of said NW '/, of the NW '/,, said point being the soulhwestedy wrner of Kentucky Ridge Estates Subdivision, as flied far record In Book 70 of Plats at Page 7191, records of Ada County, Idaho; Thence along the southerly boundary of said Kentucky Ridge Estates Subdivision, the southerly boundary of Kentucky Ridge Eslatas Subdivision No. 2, as flied far record in Book 72 of Plats at Page 7389, records of Ada County, Idaha, and the south boundary of the NE'/< of iha NW % of said Section 26 South 89°46'13" Easl; 835,02 feet to the southeast carnet of lot 3, Block 3 of Bald Kentucky Ridge Subdivision; Thence along the easterly boundary of said l.ot 3: Thence North 00°05'51" East, 528,86 feet; Thence North 10°25'21" Easi, 339.91 feet; Thence North 81°14'19" East, 33.74 feel io a point on the westerly right-of-way of S. Kentucky Way; Thence continuing along said easterly boundary, and along said right-o(way: Thence North 57°37'50" West, 65.38 feet to a point of curvature; Thence 259.99 feet along iha arc of a curve to iha right, sold curve having a radius of 258.00 feet, a delta angle of 87°44'15", and a long chord bearing North 28'45'42" West, 249.13 feet to a point of tangency; Thence North 00°06'25` East, 141.72 feet; Thenoa leaving said boundary and right-o(-Way, and continuing North 00°OB'2b" East, 49.94 feet to a point on the north boundary of iha NW'/, of said Section 2ti; 120503-R-4.docx Victory South AZ-f 3-014 EXHIBIT A Thence along said narih boundary Scufh 89°42'27' East, 572.00 feet to the N ~ corner of aetd Section 25, said point being the northeasterly corner of said Ientucky Ridge Subdtvlsion; Thence along the easterly boundary of said Kentucky Ridge Subdivision; Thence South 00°05'51" West, 505.26 feet; Thence North 61°14'19° East, 24.12 feet; Thence North 84°?.3'51" East, 128.00 feet; Thence South 88°28'51" East, 183.15 feet; Thence South 78°g6'31" East, 375,27 feet; Thence South 07°03'15" Easl, 773.94 feet to the southeasterly comer of said Kentucky Ridge Subdivision, said point being on the south boundary of the NW '/, of the NE % of said Section 26; Thence leaving said subdlviston boundary, and along said south boundary South 89°44'41" East, 523.97 feet to the SE corner of said NW % of the NE %, said point being on the extension of the westerly boundary of Meridian Nelghts Subdivisicn No. 3, as filed for record in Book 62 of Plats at Page 6274, records of Ade Ccunty, Idaho; Thence along Bald westorly boundary and extension thereof, and the west boundary of the 5W of the NE'/, cf said Section 26 South 00°04'60' West, 1323.11 feel to the southwesterly corner of said Meridian Heights Subdtvlsion No. 3, said point also being the SE corner of said SW'/< of the NE %; Thenoe leaving said westerly boundary and along the south boundary of Bald SW % of the N6 '/, North 89°44'63° West, 1320.21 feet to the Center'/. corner of said Secticn 25, said point being the NE comer of Parcel B as shown on Record of Survey No. 5104, records of Ada County, Idaho; Thence along iha southerly and westerly boundary of said Parcel B: Thence South 00°05'29' West (formsrty South 00°09'52" East), 1324.03 feat to the SE cornet of said Parce(B; Thanes North S9"61'36" West (formerly South 89°53'03° West), 1829.22 feet to the southwesterly corner of said Parcel H; Thence North 41°46'40° West {formerly Norih 42°02'00" West), 913.80 feat; Thence North 44°06'40° West (formsrty North 44°22'00" West), 45.00 feet; Thence Norih 59°37'40" West {Formerly North 69°63'00° West), 42.00 fast; Thence North 70°50'40" West (formerly North 71°06'00" West), 60.00 feel; I20503-R-4,docx Vlctary South AZ-13-OI4 EXHIBIT A Thence North 83"t3'05" West (formerly North 83°28'25" West), 95.26 feel to a point on the weal boundary of the SW'/< of said Sect(on 25; Thence along sold west boundary North 00°09'31" East (formerly North 00°45'50" Wesl), 565.72 feet to the W'/. cornerof said 5eotlon 25, iha NW comerof said Parcel B; Thence leaving the boundary of said Parcel B and along the west boundary of the NW'/. of sold Seatlan 25 Narih 00°16'21" East, 1325,90 feet to the POINT fJF BEGINNING. Said parcel containing 221.94 acres, more or less. This description was prepared from data of record and dose not represent a field suNey of the subject property, ! 20503-R-4.docx Victory South AZ-13-014 EXHIBIT A September 27, 2013 Descri~rian for R 13 done art ' i vexation portion of Section 25, Township 3 N„ Range i W., B.M. A parcel of land located in the NB'/, and the W'r4 of Sect(on 25,1'ownshlp 3 North, Range 1 West, Boise Marldian, Ada County, Idaho, and more particularly described as follows: BBGlNNING at a 6/8" Fran pin monumont marking the N Y corner of said Section 25, from which a 518" iron pin monument marking the northwest corner of said section bears Notch 89°42'27" West, 2840.22 feet, said paint being the northeasterly corner of Kentucky Ridge Estates Subdivision, as filed for record in Book 70 of Plats at Page 7191, records of Ada County, Idaho, and being on the existing Meridian Cily Limits boundary (Meridian City Ordinance #878); Thence along the north boundary of the NB '/e of said Section 25 and the existing Clty Limits boundary Snuth 89°43'11" East, 1145.51 feet; Thence leaving the existing Cily limits boundary and continuing along Bald north boundary South 89°43'11° East, 173.88 feet to the northwesterly corner of Parcel A as described in Instrument No.110048381, records of Ada County, Idaho; Thence along the westerly boundary of said Parcel A; Thence South 00°08'19' West, 385,56 feet; Thence South 89°48'91° East. 198.19 feet; Thence South 75°27'20" East, 41.41 feaE to the northwesterly corner of Meridlan Heights Subdivision No, 2, as filed for record to Boak 41 of Plats aE Page 3353, records of Ada County, Idaho; Thence leaving said westerly boundary, and along the northerly and easterly boundary of said Meridian Heights Subdivision No. 2: Thence continuing South 76°27'20" Eas1,170.40feet; Thence South 83°54'20" East, 247.28 feet; Thence South 59'04'20" Easf, 210,37 feaE; Thence South 60°32'50' East, 682,21 feat; Thence South 89°43'11" East, 25.00 feet to a paint on the east boundary of the NE % of said Seotion 25 and the existing City limits boundary (Meridlan Clly Ordinance No. 06-1259}; Thence along said east boundary and existing City limits boundary South 00°03`40" West, 803.14 fast; 120503-I2 $,doox Victory South AZ-13-014 EXHIBIT A Thence leaving sold existing City Limits boundary and continuing along sold east boundary South 00'03'40" West, 135,28 feet to a point on the existing Clly Limits boundary (Meridian Clly Ordinance No. 08.1259); Thence along said east boundary and existing Clty Limits boundary South 00.03'40" West, 442.98 feet to the northeasterly corner of Meridian Fiefghts Subdivision No, 1, as filed for record in Book 27 of Plats at Page 1692, records of Ada County, Idaho; Thence along the easterly and southerly boundary of said Maridlan Heights Subdivision No. 1: Thence continuing along the east boundary of the NE Y+ of sold Section 28 and the existing City Limits boundary Seuth OD°03'40' West, 335.09 feat to the SE Corner of said NE Ya; Thence leaving the existing City Limits boundary and along the south boundary of said NE %r North 89°61'21" West, 830.70 feat to the southwesterly comer of said Meridian Heights Subdivision No. 1, said point alsc being the southeasterly corner of Maridlan Heights Subdlvislon No, 3, as filed for record fn Book 02 of Plats at Paga 6274, records of Ada County, Idaho; Thence continuing North 89'S1'21" West along the southerly boundary of said Meridian Heights Subdivision No. 3, 489.92 feat; Thence along the westerly boundary of said Meridian Heights Subdivision No. 3 and the extension thereof North 00.04'50° Easf, 1323.11 feet to the southeast corner of the NW'/ of the NE % of said Section 26; Thence leaving said westerly boundary, and along the southerly boundary of said NW %, of the NE % North 89.44'41" West, 523.07 feet to the southeast corner of said Kentucky Ridge Estates Subdlvislon; Thence along the easterly boundary of said Kentucky Ridge Subdlvislon; Thence North 07°03'1S" West, 773.94 feet; Thence North 78°46'31 `West, 375.27 feet; Thence North 88°28'S1"West, 183.1 S feat; Thence South 84°23'51' West, 128.00 teat; 7henoe South 61°14'19' West, 24.12 feet; Thence North 00°05'51" East, 505.28 feet to the PptNT OP REGINNIN6. Said parcel oontaining 88.14 acres, more or less, This description was prepared from data of record and does not represent a field survey of the subject property. (20503-R-S.docx Victory South AZ-13-014 EXHIBIT C3 ~tM%~ _ • ~~ T ~ , ~ ~ f S-`-~.r~j.~-a Ir ~ '- i pnsr5 Or18EnRrNa ~ 1, ~ +t r~ N l39'~2'27" W 281x. '?~ ~+ W. v1C pRY q. u9 ~~ ~a,r~ ii u6 ,~°~ -xw, _ ^~J.y Y -~ 1321.85' ~ 5.17,~:t4~:l.~,.li 835.02' -~' w N ae'i5 i3' vi z \ ..~.. y ~_ ~.T .. z R-4 zoN~ 221,94 ACRES +/- •tlo -~ 0,5 3~N ~ sjjl 648 Rio ;~ m~~ ~4 Q p¢G ~n ~~ `~. N _~ ~a~.~.~ 1x24.22' ~ N 99.51 •Sa" w LAIC 6fefatG MF_T_ OISLWC[ ARI F lNK OC.WNO DISWICE UO H 11'06'10' W 45.00' U8 N 00'06'25' E 11172' tll N 39'S7'/0' W 12.00' l19 N OOb4'25' E 40,94' [12 11 70'50'10' W SOHO' l20 $ 00'OS'SI' W 505,26' t13 II BYISbS' W 95.23' l2t N 6191h9' E 21.12' !11 It o0.053t• p 528.85' !22 N 81'23'61' E 128.00' US N 10'26'21' E 339.91' 123 5 8U'28'61' E 18J IS' l16 71 61'U'19' E 33.7<' t24 S 71746'31' E 37527 U 7 N 61'S7'SO' W 65 36' t-.~-fV M ~' 'j.1 e~•44•ss• rV """ 1320 2t' ``~ ~pL L~{HO 0. .11118 ~ ~C.,, `~ ` ~~~ ., •I CUTtVE 7A6L~ CURvE ITliOIH RAWUS OECTA CHORx aAG OHORO CI 269,99 264.00 57'1+'15" tl 2845'42' W 2+9.13 ' ' sc~u ! -looo DwsxR~E os/it/ta PROPOSED MERIDIAN CITYANNE=xATION R-4 ZONE ~ING/NEERING FRa No. 12D503 CENTERS/MERIDIAN HEIGHTS S`ULUTIONS sHEl:r ~ 1 OF t LOCATED IN SECTION 25 T.3N., R.1W. B.M 1020 N, RoSnRtD ST., STE, t00 9H L ~ MUF 1 3 120503-RiK0i70 bkb , . AIERIDUN, AOA COUNTY, IDAHO Pnore (T 4j 9 09 . ( 0 4) 93to-OStf Victory South AZ-13-014 EXHIBIT ,~ ~ I oasts 0- eEAroac " '~ ,I urfu. o6--z58 _,~r-.LAC ~ I rs y. _ N 88'42'27" W 2640.22' ~~ ,1 ~ ~ r, ~~ ....-.,z.~.r is f! ORY D ~~t` n S 8fY43'It" Lt ~ rs ... .~ ~o ii ~ ~frt455t' ~Q~~~ ~ 5 i ~ yak ~\\ L;d 1~ L3 ~. ~ 0 88.14 ACRES +/- ~ `~~~ ,L..,...~ .. _._. ~ z ~ ~. r~ o ~ - 1TI7. 523.9 ' :n'TOO E3 N 89' 4'q1~ ~~~ ~ ~~ ,_._ .~ k ri~ a,~ . ~ ----- \~ ~g ~ ~ . ~._ „~_ ,,,_ - 489 2 ^83070 $~~~VO ~ ~0 ~~¢~ y`Q~ah s~kp`rfi ~4~1 BR ~aN w Ha~~ I la![ El EEMarG S 89'43'II' E I IN Tn OISi/NCE 173,58' tPiE BEUaIC asrulCE C8 5 60'32'50' E 502,21' ~/. A I~[)' ~ L2 L3 S 00'08'19' W S 89'46'31' E J05.55' 148.19' L9 S 89'43'11' C Y5.00' ~~ lT0 II 00'05'51' E b05.26' \ ,__,__ _-- ~~- ~-.~• -_~ l4 S 75'2120' f 41.41' ~ l71 S 61'I4'19' W 24.11 ~ ~ L6 S 75'27`20' E 174,10' l22 S 81'23'61' W t2A.00' LB S 63'54'20' E 247,28' L23 fl 6$'18$1' W 183.16' L) S 59'x'28' E 210.37 l24 N 7$'16'31" W 315.21 SGU~ 1~•TODO• PROPOSSD MERIDIAN CffYANNEXATION $7~V.$AE o9/zr~13 R.8 ZONE ~NGINEER/NG ~a fro i2osos CENTERS/MERIDIAN HEIGHTS So~rrr~nnr s SHEET t 1 Of T LOCATED IN SECTION 25 t02a H. ROSPIr10 ST.. STC 100 120W3-NIRD7r0 pkb __ _ i.3N., R,IW., 8.61. MERIDIAN, AOA COUNTY, IDANO p1gM (1p j19y~bq pµ0, Ii+bl 930.O9u Victory South AZ-13-014 Meridian Ci#y Council Meeting ~,~ DATE: January 28, 2014 ITEM NUMBER: --~~ PROJECT NUMBER: ITEM TITLE: ORDINANCE NO. -- Ordinance No. : An Ordinance (RZ 13-009 =Village At Cold Creek Subdivision) For The Re-Zone Of A Parcel Of Land Situated In A Portion Of The SW '/4 Of Section 35, Township 4 North, Range 1 West, Boise Meridian, City Of Meridian, Ada County Idaho; Establishing .And .Determining The Land Use Zoning Classification Of R-8 (Medium Density Residential) Zoning District In The Meridian City Code MEETING NOTES ~~ ~t~~~ ~,:. i~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFF/CE FINAL ACT/ON DATE: E-MAILED TO 8TAFF SENT TO AQENCY SENT TO APPLICANT NOTES INITIALS A011601JMfY REPS I~r~1o~a 0.11i~h AMOUNT .eti NNOE BAMO 8i/30111 09:11 AM DUTY Ijsa Oitt u 1lfl-REIUIEfT OF ~~ ~~~~~~~~~~~~~~~~~ 11 ~~ Metiliin ~~ 1140@7666 CITY OF MERIDIAN ORDINANCE NO. i `-I - 15q 5 BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA AN ORDINANCE (RZ 13-009 - VILLAGE AT COLD CREEK SUBDIVISION) FOR THE RE-ZONE OF A PARCEL OF LAND SITUATED IN A PORTION OF THE SW %. OF SECTION 35, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY IDAHO; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF R-8 (MEDIUM DENSITY RESIDENTIAL) ZONING 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 re-zoning by the owner of said .property, to-wit: Hayden Homes Ida~ro, LLC. SECTION 2. That the above-described real property is hereby re-zoned firnn the R-4 (Medium Low Density Residential) zoning district to the R-S (Medium Density Residential) zoning districts, 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 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 re-zone said property. SECTION 5. That the City Engineer is l~reby directed to alter all use and area maps as well as the ©fFicial 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 ar~nuiled. RE-ZONE ORDINANCE - RZ 13-009 VILLAGE AT COLD CREEK Ps~ge 1 of 3 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 1~~dny of , 214. APFROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~~ day of ttrw~0~, 20I4. ~- ATTEST: ,~;~ -.~ -~ ..q ,~ ~: HOLMAN, C TY CLERK ~~;~, t ~ ~ x ~ ?~ ~,.~ {~ T. ~E~ F~~ e'~uaa. ,_..,, x~. RE-ZONE ORDINANCE - RZ t3-80~ VILLAGE AT COLD CREEK Page 2 of 3 STATE OF IDAHO, ) ss: County of Ada ) On this ~ day of , 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared T MY de WEERD and JAYCEE L. HOLMAN, 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, Ihave hereunto set my hand and affixed my official seal the day and year first above written. ,- _°#~~ ~~ z ~~ (SEAL) ~ ~ ~ - ~• ~~ x ;~ s 6 73~.1~; -~~~ ~~gg''ff g ~j~ 3 4 • No Public for daho Residing At: 1,.-~ e~ ~_~ a~~_ My Commission Expires: ~ a ,~ ~ ~c~~ v RE-ZONE ORDINANCE - RZ 13-009 VILLAGE AT COLD CREEK Page 3 of 3 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE N0.14- PROVIDING FOR RE ZONING ORDINANCE An Ordinance of the City of Meridian granting re-zoning of a parcel of land situated in a portion of the SW 1/a of Section 35, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County. This parcel contains 4.38 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of--way of record or implied. As 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 Broadway Avenue, Meridian, Idaho. This ordinance shall become effective on the day of , 2014. City of Meridian Mayor and City Council By: Jaycee L. Holman, City Clerlc 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 ORDINANCE NO. 14- 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. 14- of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the publiapursuant to Idaho Code § 50-901A (3). DATED this day of _ , 2014. William. L.M. Nary City Attorney ORDINANCE SUMMARY - RZ 13-009 VII,LAGE AT COLD CREEK Page 1 EXHIBIT A Legal Description Rezone Legal Descrip ion hlayden-Hot~nes Usticic Property A parcel located in the SW'/a of Section 35, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, and more partlculariy described as follows; Commencing at a Brass Cap monument marking the southwest corner of said SW %, from which a 5/8 inch diameter iron pin mari<ing the southeast corner of said SW % bears S 89°15'57" E a distance of 2643.50 feet; Thence S 89°15'57" E along tine southerly boundary of said SW'/ a distance of 1622.31 feet to a 5/8 inch diameter iron pin and the POINT OF f3EGINNiNG; Thence leaving said southerly boundary N 0°26'42" W a distance of 625.77 feet to a 518 inch diameter Iron pin on the southerly right-of--way of Five Mile Creek; Thence along sa(d scutherly right-of--way S 62°13'25" E a distanco of 433.35 feet to a 5/8 inch ' diameter iron pin on the westerly boundary of Primeland Subdivision as shown in Book 83 of Plats on Page 9085, records of Ada County, Idaho; Thence S ti°03'09" W along said westerly boundary and the prolongation thereof a distance of 430.47 feet to a 5/8 inch diameter iron pin on the southerly boundary of said SW'/a; Thence N 89°15'57" W along said southerly boundary a distance of 333.20 feet to the POINT OF BEGINNING; This parcel contains 4.38 acres and is subject to any easements existing or in use. Clinton W. Hansen, PLS oNPI- ~ANps Land Solutions, PC y5` ~s r ~ ,~ July 12, 2013 4 Q~~ G a 0. 1'1118 ~r°N w . ~~'~ i.r~:r~:J~+Ol~~u~ra~; (~•''~lan° Jurveylnp Intl C°NWllnp Hayden Homes - Ustick Job No. 13-d5 Village at Cold Creek Subdivision RZ-13-009; PP-13-023 EXHIBIT B Map Exhibit Rezone USTICK PROPERTY -EXHIBIT N 89'15'57" W BASIS OF BEARING i i 35 ~ 1/4 z 1 0 50 100 200 Land Surveying and Consulting ~_ I 1 231 E. 57H S7, S7E. A MERIDIAN, ID 53642 (zos~ zae-zo4o ~zos~ z5~zss~ rax ww~vlandsdWlonsbiz Village at Cotd Creek Subdivision RZ-13-009; PP-13-023 Meridian Ci#y Council Meeting DATE: January 28, 2014 ITEM NUMBER: 11 PROJECT NUMBER: ITEM TITLE: Future Meeting Topics MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE F/NAL ACTION DATE: E-AAAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS