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HomeMy WebLinkAboutHicks, Jim CUP ~~ ~' ,~, HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live ~ LEGAL DEPARTMENT (208) 884-4264 CITY 4F MERIDIAN ~ Council Members PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO' BUILDING DEPARTMENT ` czos> ss~-2211 GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING DEPARTMENT KEITH BIRD (208) 884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Half, Attn: Will Berg, City Clerk by: August 4, 1998 TRANSMITTAL DATE: Ju1y 20, 1998 HEARING DATE: Auuust 11, 1998 REQUEST: CONDITIONAL USE PERMIT FOR 8 ZERO LOT LINE TOWNHOUSES_ BY: JIM~HICKS LOCATION OF PROPERTY OR PROJECT: EAST OF W. 7T" AND SOUTH OF IDAHO TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z ' _ BYRON SMITH, P/Z +KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT _FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER _CITY PLANNER CITY FILES MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRECIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL' YOUR CONCISE REMARKS: ~, NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m. on November 17, 1998, for the purpose of reviewing and considering the application of Jim Hicks for a preliminary plat of approximately .44 acres of land located at Lots 2 and 3, Block 2, Terra Subdivision, Section 12, T.3N., R.1W., Boise Meridian, Ada County, fdaho, and which property is generally located east of W. 7~' and south of Idaho. Further, applicant requests Preliminary Plat approval of the parcel of land above described for 8 residential lots for Terra Townhouse Subdivision. Further the applicant requests a conditional use permit for 8 zero lot line townhouses.. a A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, a'nd is available-for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 26~' day of October, 1998. . ~~----' r..2tc.~ LLIAM G. BERG, JR., CITY LERI~~~~ PUBLISH October 28 and November 11, 1998. DATED this 26~' day of October, 1998. WILLIAM G. BERG, JR., CIN CLERK PUBLISH October 28 and November 11, 1998. ** TX CONF I RMA~ REPORT ** AS GF OCT 26 '~0~21 PAGE.01 CITY OF MERIDIAN DATE TIME TOiFROM 15 10126 10 20 208 888 109? MODE MINiSEC PGS CMD# STATUS EC--S 00'31" 001 109 OK NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m. on November 17, 1998, for the purpose of reviewing and considering the application of Jim Hicks for a preliminary plat of approximately .44 acres of land located at Lots 2 and 3, Block 2, Terra Subdivision, Section 12, T.3N., R.1W., Boise Meridian, Ada County, Idaho, and which property is generally located east of W. 7~' and south of Idaho. Further, applicant requests Preliminary Pfat approval of the parcel of land above described for 8 residential lots for Terra Townhouse Subdivision. Further the applicant requests a conditional use permit for 8 zero {ot line townhouses. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 26~' day of October, 1998. WILLIAM G. BERG, JR., CITY CLERK PUBLISH October 28 and November 11, 1998. N A 1" = 600' Y 1' R- TERRA TOWNHOUSE SUBDIVISION VICINITY MAP - • NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 p.m., on August 11, 1998, for the purpose of reviewing and considering the application of Jim Hicks for a preliminary plat of approximately .44 acres of land located at tots 2 and 3, Block 2, Terra Subdivision, Section 12, T.3N., R.1W., Boise Meridian, Ada County, Idaho, and which property is generally located east of W. 7t" and south of Idaho. Further, applicant requests Preliminary Piat approval of the parcel of land above described for 8 residential lots for Terra Townhouse Subdivision. Further, applicant requests a conditional use permit for ~ 8 zero lot line townhouses. ~~ Amore particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during~regular business hours. A copy of the application is available upon request.. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 21$` day of July, 1998. PUBLISH July 24 and August 7, 1998. ~~~t~«rt a r~Yttrre y`~f ® ~~\ ~~ j~ ~ r~rrr~ r w ~.. .i !!!JJJ~~~ ? ~_ ! ~~si.iiit AM G. BERG, JR. CI C~ER T ~, .,. ;: ~ .~ ',f~~•y~~ T Ste.{ ~ ~~4`4~1 it~jttfi#t 1{iit~ti~~` QCT-~J-1~J( 11:4ti -~ ~ 970S33i9 TS}zS F~t'sir Cat~r~•t of: ... =Q ~ ~ C c P. _. ilr:l~ :::.1'aF.RO ~ .~ ~ 30t5F 1D "!~)~~ rd '9z AXIS 7 Pal `i `fl ~ -`~o stawa~a~avaoaraaar~as):~,_ F$EOOa@i:O~itGEL~ttitE 74F 3pACS ~v$;7HLf j.AVB AOA RSCORDWC DATA 000 ; Order No_: 97069035 JG/PB FOIL VALUE 3ZB~ SLA2;v8 AS FiIC'd9. AlY t31~7ATt'QIa"D PfiASON [~,N'ft3R(5), da~do~ heszby t"~iT. B~-Rt"rAII~1, SELL and CONVEY unto ACCENT, HOt~S, L.L.C. ' J:i.9'O W. ~A.v~I~ ~ y~(otcs~~i,.. , d~L. 8'3S SJZ. GRAPiTEE(S), whoa Darters[ addr~a is: , the foiiowing described rtsai graaerty is ADA Camstq; Star of Idaho, newts particuiariy desttsbed as follows. to evilg= vets 2 and 3 is stock 2 of TSI~RA SUBDIVISION, accordissg to tYse OfficiRl Piat theravf, fi18d in Book 47 of'Flatss at Pagetai 3814.-3813, records of Ada Cotmty, Idaho. TO 73~1VB ATID TD HOI~ the Said ptrsnises, with theft appuTOatances wsto the said t'irastta(s). and txiarsezt(s) heirs and assigt7s forever. Aad the said t,rarstar(s) does(do) hereby covesmst to and with the said Cs>s). that (~ranmr(s} ist2te >ht ownes:{s) in fet simple of said premises: that said pretssises are flee from ail eaasmbreIICts, APT thane to rvhirh this ws:veyasxa i8 Ccptessiy made sabjest as9d those nude, sssffered or dace by tho iaranax(a): sad subject to r+aen+atiotss. resaittiosts, dediea~as, . tighta- of way and a=te, C~ ~) of record, and gonotat taxes ate (incittdi~ irrigatiam and trtiiiq asaesassxrsts, if any) for the Duress[ year, wbicls are smt yet doe send gayable, and that C,rantar(s) will watszaatt and defend the saint from all lasvfisl claims wharscxva. . Dates: August t}5:, i997 b ~~~~'' ~ $TATEt3F ID ) CaTJNTY OF 3iDA ) Oa this 6th day of August , in tht year of 19 9 7 , btfae me, the tsndersigtscd, a Notary Pubi"sc in and flat Said State, persastatiy appearxd BI,ilINB M. $SCXS iasown or ideatlffied to me m,~c tlse person(s) whose narne{s) istare wbsc:ibcd m the within instramesrt, and z>c~viadged to nu ti~~si~tthq~y ezasued the samo. v~ r° s 44 Sig~tme; -i'n~.~ ~• 1~ .ti~"~ ~ 07 ; N '~Ry ¢ . ~ s ~'~ = '~ s ~ A Na:ee• PAI~LA J . BIGHI,tIW UBL1d~ c ~ ~~~ ~ .~. .`' ~' -~~~ Residing at; 80IS$, mAXO ~aF,~.~ ~cvr.~,~-~;m.F.xn;~,= oiitzioo P. 03 • N A 1" = 300' u -L • TERRA TOWNHOUSE SUBDIVISION I-L q Yi ~ ~~;. I i II I I I1, I I II ; 1111 I, I 11 I I III I II I II . I I I 11 I 1 1V1 ~ II I ~ II I • 1n. 1 z ~~ ~ u 1I ~ nl I I ~ 1' n I I L___~ L______ 1 ~I Inl 1I i n1 i ' I L_____a_______ __J ~ ii I II I I N0 000'00"E 1{3.82 II I III ~ II I _- -_ -- -- _- ~ II I i III iI R II I i~L _._v _ _ . Ilt v it I II ~_ _ ___ 1 1 .F ~ ~ b ~ 1 1 _ ~ ~" ~ H• ~i _ I A~ I. ' 1 ~' i 1 111 11 i r iii ~ ii I y 1111 ' I I I ' I ~ ~ a $ ul ~a 4 ~~_ ~. ~ ., ~ . ~ .," .I .. ~ ~ w ``. ~1 of 1`~' i~r`•. __ ~ ~ -1---=. V I 1 ~ II 3 9: ,~..I .1 . I ~ ~ 811 ~~~~~ a ' ~~~ ~~ 11 ~~~~ G'.L II 1 I a II ~--- -- -- -- --- ~ ~ ~li:' i:'I' SOOU000 E IU.~ .....aB ~~~ II I ~ 11 I II I .ii~~$1 ' I I ll I ~ 11 I E I ~ ~~~'~ ~ ~ ~ ,. N m m 1 11~~ ~ ~! ~~._ ~ ~ z ~ ^ .~ 3 ~ ~ ~ ~ a r ^ 1 s~o a. ® d a ® . •® a.n;j~rooo r ~ Z o ~~ ~~~ ~ ~~ ~~~ ~~~~~~ ~ ~ R pR ~ ~y I$ ~ ~ ~ C 9 £ gs ~ s ~S ~ ~ ~ ~ 3 _ E a g g a F ~S 5 8 ~ A ~ ~ ~ 999 ~ ~ $ ~7 $ n 3I=i ~ D 7 m ~~R~ N c '~ o 3 F n p ~"1{ ~ ya. p m ~"~ ~ _ g p O A L Z m ~F I r m ~ pF O o o ~ ~ m n p~ ~. ~~~F A p ~~ Z zl (~ o ~ o uuaa ~ y m °.~"^ ~ aim -~ ° N A Z71 -1 D n r ~~6~~I~~~~~~ ~~ ;~: ~ ~ ~s ~~ ~~ ~~~ ~ ~~~~~ ~- ~~~ a b a ~~ e~ CSI ~ ~ n °z 9 '17 ~' C~sI ~F O :~ x ~ z e„ o ~ ~~ ~ ~~ a" ~ b '~ ~a op ~ ~ C7'7 O ~ ,C. ~ 'z ~ VI mz -b ?S~~nI~~ ~~ TERRA TOWNHOUSE suB~fvfsloN PINNACLE r~..R~ o i g g P R E l_ I ~1 I NARY PLAT Engineers, Inc. •..«.. ~.,.. u.. 'PoPhWe~.. . u Y~ h d J 1 1\il /~ 1 C FC ~= w a url u) rr-mo ~ fi LEGAL DESCRIPTION FOR TERRA TOWNHOUSE SUBDIVISION ALL OF LOTS 2 AND 3 IN BLOCK 1 OF TERRA SUBDIVISION ACCORDING TO THE OFFICIAL PLAT THEREOF, FILED IN BOOK 47 OF PLATS AT PAGES 3814 AND 3815, RECORDS OF ADA COUNTY, IDAHO, LYING IN THE NW 1/4 SE 1/4 OF SECTION 12, T.3N., R.1W. B.M. ADA COUNTY, IDAHO. rs~~%~gt~r~.~~:~ ~~ w~' ~~x' `a ~, ~,, ~~~~ .~; cY A a (! la! 1725 lv: G7 Gbti-43,E-~sy (b ,. k€aNllL1LL FktllKll:K~ raut b2 • DECIJ4RATION OF COVENANTS, CONDITIONS AND RESTRICTION5 FOR THE TERRA TOWNHOUSE SUBDIVISION THtS DECLARATION, made on the date hereinaRer set forth. by ACCENT HOMES. L.L.C., hereinattet referred to as "Declarant,' wITNESSETH: WHERFJIS, Declarant is the owner of certain pro~rty In the County Of Ada. State of Idaho, which is more particularly described as: . Lots 2 and 3 in Block 2 of TERRA SUBDIVISION, according to the Official Plat thereof, tiled in Book 47 of Plats at Page(s) 3814-3815, records of Ada County, Idaho, To be "converted and known as TERRA TOWNHOUSE SUBDIVISfON. NOW, THEREFORE, Oeclerant hereby declares that all of the properties described above shall be held, sold and conveyed subject to the following easements, testrtctions, oavenants, and conditions, wt-ich ate fir the purpose of protecting the value and desirability of, and which shall run with, the Waal property and be binding on all parties having any right, title or Interest in the described properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. ARTICLE I Whenever used In this declaration, the tdk7wing terms shall have the following meanings: 1. "Association" shall mean TERRA TOWNHOUSE HOMEOWNERS' ASSOCIATION, INC., a nonprofit corporation organized under the laws of the State of Idaho, its successors and assigns. ~IiszaZ. "Said Property" or the "Property" or the "Project" shall mean and refer to that certain real property hereinbetore described, and such additbns thereto as may hereafter be brought within the jurisdiction of the Aasoclatbn. ~II.3. "Gammon Area" shall mean all real property, and appurtenances thereto, now or hereafter owned by the Association fur the common use and enjoyment of the Members of the Association. The Common Area to be owned 6y the Association upon its incorporation is descrit~ed as follows: Lot 9, Terra Townhouse Subdivision. Section 4_ "Lot" shall mean and refer to every legal subdlvisbn lot of the Terra Townhouse Subdtvlsbn (according tv the offlccial plat thereof). It Is further understood and agreed that each residential lot shalt include one {1) parKing lot, as set-out in the Plat of said Subdivision, which shall be included in the DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR TERRA TOWNHOUSE CONVERSION SU9DIVISION, P. 1 4i03W~.t OTtSNy~ MpMn. M. b!/lµ/177ts 14: L7 La~S-4jj-`V"Jlb K~1NL~~LL rKtllkll,;KS F'AUt tl,i i deed transferring a residential bt to an owner. The term "bt" shall Include both the reobentlal bt and the parking lot_ "Member" shall mean and'refer to every person or entity who holds membership in the Associaton. ,.&. "Owner" shall mean and rater to the record owner of a fee simple t~{e to any such Lot (including contract buyers); whether one or more persons or entities, excluding those having such Interest merely as security for the performance of any obllgatbn. p,Z" "Building Site" shall mean and refer to a Lot, exclusNe of Setbacks and utility easements. "Setback" means the rninlmum distance between the dwelling unit or other ctructures referred to and 8iven street, road or bt line, all of which shalt be in accordance with the applicable zoning regulation. ~~5. "fl+fortgage" shall mean and refer to any mortgage or deed of trust, and "Mortgagee" shat! refer to the mortgagee or beneficiary under a deed of trust, and "Mortgagor" shalt refer to the mortgagor or grantor of a deed of trust. ARTICLE 11 MFMBERSFi1P AND VQTING R1_CHTS Sect~n 1. Every Owner of a Lot which is subject to assessment shall be a Member of the Associatbn. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is sut~ject to assessment. The Association shall have two classes of voting membership: ~j~,g. The Class A members shall be all Owners, with the exception of the Declarant, and shall tie entl~led to one (1) vote for each Lot owner. When more than one person holds an interest In any Lot, all such'persons shall be Members. The vote for such Lot shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any tot. ~~, The Class B memt~ers shall be the Declarant and shall be entitled to three (3) votes for each Lot owned. The Class I3 membership shall cease and converted to Class A membership on the happening of either of the following events, whichever occurs earl'ler. When the total votes outstanding In the Class A membership equal the total votes in Class B membership, or ten j10) years after the date of this Declaration is recorded in the otliciat records of Ada County. Declarant shall retain control of the project until the completion of construction of all improvements, including landscaping- ARTICLE III PRO)~)~jY RIGHTS L Common Prosy Ownershlo. The Common Area shall be owned by the Asaociatbn. DECLARATION OF COVENANTS, CONDITIONS AND RE6TRIGTIONS FOR TERRATOWNHOUSIE CONVERSION SUBDIVISION, P, 2 BG09~D1.1 07/141ps HomM, M. t? // 14/ 1 y7b 14: Ly Lab-4~~-,~y !b KaNL~ALL h KtllK1l;K5 F'Alat ~J4 • • 2 ~ Every Member of the Association shah have a right and easement of enjoyment In and to the Common Areas, and such easement shall be appurtenant to and shall pass with the title to every assessed Lot, subject to the following provisions: (a} The right of the Association to limes the number of Members permitted to use a particular part of the Common Areas at any one time. (b) The right'oi the Association to suspend any Member's voting rights andlor right tv use any of the recreational facilities owned by the Association, for any period during which any assessments against said Member s property remains unpaid, and for a perbd not to exceed thirty (30) days for each infraction of its published rules and regulations. ` (y The right of the Association to ded(cate or transfer a!I or any part of the Common Areas to any public agency, authority or utility for such purposes and subject to such conditions as maybe agreed to by the Members. No such condition or transfer shall be affective unless an instrument signed by Members entitled to cast two-thirds (2J3) of the votes of the membership has been recorded in the appropriate county deed records, agreeing to such dedication or transfer, and unless written notice of proposed actions is sent to every Member not less than thirty (30) days nor more than ninety {90) days prig to such dedication or transfer. (dj The right of the Directors of the Ass~latlon to promulgate reasonable rules and regulations goveming such rights to said use, from time to time, In the interest of securing maximum safe usage of such Common Areas by the Members of the Association wfthout unduly Infringing upon the privacy or enjoyment of the Owner or occupant of any part of said property, including, without being limited thereto. rules restricting persons under or over designated ages from using certain portbns of said property during certain times, and reasonable regulations and restrictbns regarding parking. ,~ Declaration user Any Member may delegate in accordance with the rules and regulations adopted from time tv time by the directors, his/her right yr enjoyment to the Common Areas and facilities to the members of his/her family, hisfier tenants or contract purchasers, providing they reside on the Property. $ggli~.4~ Each and every Owner purchasing a~Lot with the subdivision is purchasing it with the full understanding that each Lot is subject to certain reciprocal easements which are appurtenant thereto. Each Owner by purchase of Lot within the subdivlsbn agrees that they shall be subject to the fiDllowing reciprocal easements: (a) An easement for drainage is hereby declared to exist on each Lot for the benefd of the adjoining Lot(s); provided, that the Owner installing any drainage pipe, conduit or other faality shalt pay for any and all such improvements and cause the Property upon which the improvements are boated to be restored to their original state at the sole cost of the Owner empbying the use of the reciprocal easement. (b) Alt Lots within the subject Property, including but not limited to, the Common Anse, shall be subject to a general utility and sanitary sewer easement, which shall include, but not be limited to, access for ingress and egress for maintenance or repair by the utility provider. DECLARATION OF COVENANTS, CONDITIONS ANO RESTRICTIONS FOR TERRA TOWNHOUSE CONVERSION SUBDIVI810N, P. 3 9YOM01.1 Qr114g0 Nom~n, M. YJ+/ ly/ 177p 1•+. G7 LC1p-4,~J-p7+p Ri-i~vL'HLL rK[UK1l.,K5 r~HU[ b~ • • (c) AH Lots shalt !re subject to a permanent publb utility, drainage and access easement which shalt be for ingress and egress for installatbn, maintenance and repair for any public utility, drainage distrkt, or any other utility providing utilities andlor having an easement in, to and through the acid subdivision, except within the area of foundation for residences. Such easements shall have a minimum width often feet. Within these easements no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of the public utilities or drainage. ,~ elai N~ Those certain Plat Notes set out in the Plat of TeRa Townhouse SubdiVlsbn tiled for record in the Ada County Recorder's Office, State of Idaho, are referenced to and made a part of these Covenants, the same as if set out in fuN herein. ARTICLE IV ~ The Declarant and the s Association hereby covenant for all Of Said Property; and each owner of any bt by acceptance of a deed or contractor purchase therefor, whether or not It shall be expressed In any such deed or other conveyance or agreement for conveyance, Is deemed to covenant and agree tv pay to the Association: (a) Regular annual assessments or charges, and (b) Special assessments to be fixed, established, and Collected from time to-time as hereinafter provided. The regular and special assessments, together with such interest thereon and cost of collection thereof, as hereinafter provided, shall Ue a charge on the land and shall be a continuing Ilan upon the Property against which such assessment is made. Each such assessment, together with such interest, casts and reasonable attorney's teas, shall also be the personal obligation of the person who was the t7wner of such Property at the time such assessment was levied. The obligation shall remain a lien on the Property until paid or foreclosed, but shall not be a personal obligatron of successors In title unless expressly assumed by them. 2 The assessments levied by the Association shall not be used for any purpose other than promoting the eoonomlc Interest, recreatbn, health, safety and wafters of the residents in Said Property and, in particular, for the improvement and maintenance of Said Property, any Common Area, all improvements constructed thereon, fencing abng the exterior and within the interbr of the Project, the services and faalities devoted to this purpose and related to the use and 9njoyment of the Comrr>on Area, and Including without being limited thereto, the payment of faxes (on Common Area only), and the provlsbn of insurance on all or any part of Said Property, Including insurance on Individual Lots and Improvements, including Tire and general casualty, Ilabflity and directors and officer insurance, and for exterior maintenance of all structures Milt on the- Lots, including parking structures. The Association shall also establish and maintain a reserve acwunt as provided in Section 1 / of this Article, and any Assessment may include a sum for such reserve. Subject to the above provision, the Association shall determine the use of assessment proceeds: The Associatbn shall maintain all lawns and landscaping in Said Property and Common Ares. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR TERRA TOWNHOUSE CONVERSION SUBDIVISION, P.4 900.707. t 07l74Ap nomu+. M. YJr,`LV/1770 lv;c7 ~~7b-µjj-by;b -KAfVllAI_L hKtllKlC;Kti PAGE t36 • ~ The initial annual assessment shall be established by the board of directors of the Associatbn, based upon the budget of the Association adopted by the board. The INtial budget shall be for the calendar year (a) From and after January 1, ,the annual assessment may be increased each year by not more than twenty percent (20°~) above the annual assessment for the prev'loua year without a vote of the membership, at a meeting called for such purpose. (b) The board of directors may levy, in.any assessment year, a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the coat of any construction, reconstruction, repair or replacement of any capital Improvements that might be placed upon the Common Area, including extraordinary expenses Incurred by the Association; provided that, {n the event special assessments exceed, in the aggregate, flue percent {5°h) of the budgeted gross expenses of the Association for the fiscal year, the vote or written consent of a majorKy of the voting power of the Associatbn residing in Members shall be required to approve such assessments at a meeting calbd for such purpose. Special assessments shall be levied on the same basis as regular assessments. 4. uniform Rate of Assessment. Both regular assessments and any special assessments must be fixed at a uniform rate for sit Lots, and may be collected vn an annual, quarterly, or monthly basis in the discretion of the board of directors of the Association; except, that assessments may be levied applicable to some Lots only, with prior consent by the Owners of such Lots, it such procedure Is oonsldered equitable in the discretion of the board in order to construct facilities to be available only to the Members desiring to pay fa the cost thereof. In eatablishing that all assessments shall be equal, R is acknowledged that the dwelling units may be of different sizes and that the actual cyst of exterior maintenance may vory. however, such assessments shalt be equal fbr all Lots unless this declaration be amended to provide otherwise. Notwithstanding the foregoing provision, no assessment shall be payable by or assessed against any Lot upon which a dwelling structure has not bean constructed. c~~p~ QL~n~m fnr any Action Authrzri?ed Lnder Sect 3. At any meeting called, as provided in Section 3 hereof, the presence at the meeting of Members or of proxies to cast fifty~one percent (51°16) of all votes of the membership shah constitute a quorum. 11 the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirement set forth in 5ectbn 3 and the required quorum at such subsequent meeting. fVo such subsequent meeting shall be held more than sixty (60) days following the date of the meeting at which no quorum was forthcoming. Date of Gommenceme t of Annual Assessmente~ Due Dates. Except as provided in S~tion 9 of this Article iV, alt Lota upon which buildings have been constructed shall be subject to the annual or monthly assessments provided for herein on the firs! day of the month tolbwing the Issuance of a certMcate of occupancy permit for the particular unit an the Lot. No assessment shall be levied against or payable by any Lot on which no dwelling has been constructed. The board of directors shall fix the amount of the regular assessment at least thirty (30) days In advance of each assessment period (provided that the assessment for calendar year may be fixed, and notice thereof given, at a later day, etfsc[tve for the full calendar year). WrKten notice of the assessment dates shall be established by the board of directors_ The ASSOCiatbn shalt, upon demand at any reasonable time, famish a Certificate in writing signed by an officer of the Associatbn setting forth whether the assessments on a particular Lot have been paid. A reasonable charge may be made by the board for the issuance of these certificates. Such certtftcate shall be conclusive evidence of payment of any assessment therein stated to have been paid. DECLARATION OF COVENANTS, CONDITIONS MID RESTRICTIONS FOR TERRA TOWNHOUSE CONVERSION SUBDIVISION, P. 5 iiU3~01./ 07n~lsb Fbin~n, M. r1 / / 1 ~+/ 1 770 1 v: ~7 ~~b-ct.i.i-L~y r b ~ K~11Vll:aLL r KtUK1L~K5 F'Alat ~.1 r Any assessments which are not paid when due shalt t» delinquent. 1t the assessment is not paid within thirty (30) days after the dug date, the assessment shall bear interest from the date of delinquency at the legal rate of interest. as set out at Sec. 28-22-104 Idaho Code or as it may 6e amended from time to time. The secretary of the said Association shall file in the office of the County Recorder for Ada County, Idaho, a IMn reflecting the amount of any such charges or assessments, together with Interest, as aforesaid, which have become dellnquentwtth respect to any bt on Said Property, and upon payment in full thereof, shall execute and file a proper release of the Ilan releasing the same. The aggregate amount of ouch assessments, togetherwith interest, costs and expenses and a reasonable attorney's fee for the firing and entarcement thereof, shalt constitute a Ilan on the whole Lot (including any improvement boated thereon), with respect to which ft is fixed from the date the lien is filed in the office of said County Recorder for Ada County, Idaho, until the same has been paid ar released as herein provided. Such lien may be enforced by said AssoClatbn in the manner provided by law with respeci to I'iens upon real property. The Owner of Said Property at the time said assessment is levied shall be personally liable for the expenses, costs and disbursements, including attomey's fees of the Oedarant or .. of the Association, as the case may be, or processing and if necessary, enforcing such liens, all of which expenses, costs, disbursements and attorney's fees shall be secured by said lien, including all aforementioned expenses, costs, disbursements and attomey's fees on appeal, and such Owner, at the 6me such assessment is levied, shall also be liable for any deficiency remaining unpaid after any foredosure sale. No owner may waive or otherwise escape liability for the assessments provided for herein by nonuse of the Common Area or abandonment of hisltier dwelling unit. ;~jQ~,$. S t>ordination of he Lien to Mvriaaflffi. The Tien of the assessments provided for herein shall be interior, junior and subordinate to the lien of all Mortgages now or hereafter placed upon Said Property or any part hereof. The sale or transfer of any Lot or any other part of Said Property shall not affect the assessment lien. However, the sale or transfer Of any Lot which is subject to any Mortgage, pursuant to a judgment or decree of foreclosure thereof, shall extinguish the lien of such assessments as to amounts thereoiwhich became due prior to such sale or transfer; and such lien shall attach to the net proceeds of sale, if any, remaining after such Mortgages and other prior liens and Charges have been satisfied. No sale or transfer shalt relieve such Lot from liability for any assessments thereafter becoming due. ~GtiQa~. Exe Proms. The folbwing Property subject to this Declaration shat! be exempt from the assessments created heroin: {a) all properties expressly dedicated to and accepted by a bcal public authority; and {b) any Common Areas. ~ Notice tQ Morta$4ees- The Association shall gNe to the Mortgagee of any recorded Mortgage, which has furnished to the Association its name and current addros$, written notlflcation of any default by the Mortgagor of performance with respect to such Mortgagor's obligations under this Declaration, By-Laws of the Associaton or any duly-adopted rules or regulations of the Association, at least twenty (20} days prior to the filing of suit by the Association to enforce those remedies with respect to such default. Section 11 _ Associat;on Budaet_ The Association shaft prepare an annual twdget whkh shalt indicate anticipated management, operating, maintenance, repair and other Common experisea for the Association's next fiscal year, and which shall be sufficient to pay all estimated expenses and outlays o1 the Association for the next calendar year growing out of or fn connection with the maintenance and operation DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR TERRA TOWNHOUSE CONVER510N SUBDIVISION, P. 8 9101.1 Q711rA6 Mom~n, M. r71l17l17bo 1,7:16 LtJS-ajj-byib K411VllL1LL hKtUK1l,K5 _ ~ h~~-iUt 15 • of the Common Area and may inciude,'Aamong other things: the-cost of exterior maintenance; management taxes; assessments; special assessments; fire, casualty and public liability insurance; oommon lighting; landscaping and care of the grounds; repairs, renovations and paintings to Common Areas; snow removal; wages; water charges; Iegnl end accounting tees; management fees; expenses and liabilities incurred by the Association under or by reason of this Deciaratbn; the payment of any deficit remaining from a prevbus period, and the creation of any reasonable contingency or other reserve or surplus fund, as well as ai! coats and expenses relating to the Common Area and improvements, if any. As part of the regular annual assessments for maintenance authorized above, the board of directors shall annually fix the amount to be contrtbuted pro rata by each Member to reserve funds f~ the purposes of defraying, in whole or in part, the coat or estimated coat of any reconstruction, repair or replacement of Improvements, including fcxturas and per~vna! property related thereto. Such determination shall be made after consideration of the need for additional funds and of the Association's capital posNion. The board shall maintain a aeparafe account for those funds. The board shall fuc the method of payment of such assessments and'shalt be empowered to permit either lump sum or monthly payments. Separate records shall be maintained for all funds deposited to said account, which shall be designated as reserve account. The initial budget tv ba adopted by the board pursuant to this Qeclaration shall tae fw the calendar year Thereafter, each budget shall be for the ensuing calendar year, which shall be the Associaton's fiscal year. Section 12. Reoaif. Etc. If any of the property located in the Common Area and/or imFxovements located upon other property located within the subdivisbn owned by the Association is damaged or destroyed, the Members shall, at a special meetir~ called for that purpose. determine whether to rebuild, repair, restore or otherwise take action with regard to such damage or destruction. A quorum shall tie necessary for any such decision, in accordance with the provision of Sectbn 3 and 5 hereof, and, further, arty such action shalt be approved by the affirmative vote of not less than t"ifty-one percent (51%) of the votes of Members who are voting in person or by proxy at such meeting duly called for this purpose, wraten notice of which shalt be sent to all Members not less than ten (10) days nor more than frRy (50) days in advance of the meeting, unless waived in writing. ARTICLE Y ARCNt C 1R~-1 _t]iVTRAL (~pjQy~. No twilding, fence, wall, hedge, structure, addition, painting, improvemvrrt, obstruction, ornament, or planting shall be placed upon, added or permitted to remain upon any part of Said Property unless a written request far approval thereof containing the plans and specifications therefc+r, including exterior color scheme, has been approved, in writing, by the Architectural Control Comm(ttee which shall rronslst of the board of directors or as they may otherwise appoint. Applications for approval shall be made tv the Architectural Control Committee. In the event said committee fails Ld approve Or disapprove such design or bcation within thirty (30) days after said plans and specifications have been submitted in writing, approval shall not be required and this article will be deemed to have been fully complied with. DEGtARATION OF COVENANTS. CONDITIONS AND RESTRICTIONS FOR TERRA TOWNHOUSE SUBDIVISION. P. ~ p003s0t.t 0rIt1/9e Mrnn~n, M. k7i'J14/lyyU 14:'Ly 20b-433 6 RANDALL FREDRICKS PAGE 09 • ARTICLE Yt ..w~_yTCUwu~-c sip ~NyuS RAf~1~E L The Association shall maintain or provide for the maintenance of the Common Area, including but not limited to the yard and landscaped areas on each lot, sanitary sewer, water lines and drainage tadlltles and Itnes upon Lots privatey owned within the aubdivisbn. ~gpjjga~ jnteri~ and E~cterior MAinter>ance. Each Owner shall be responsible for mafntalning and keeping in good order and repair the interior of his/her own dwelling unit. ~ f=ence aintena ce. The Associatbn shall maintain or provide for the maintenance of the perimeter fence constructed around the subdivision which shall be a common expense o1 the Asaocistbn. Wig. -[yQes of Insur ce. The Association shall obtain and keep, in full brce and effect at aN times, some or al{ of the following Insurance coverage, as may be applicable, provided by companies duty authorized to do business in Idaho. The provisions of this article shale not be construed to limit the power or authority of the Association to obtain and maintain insurance coverage, in additbn to any insurance coverage required hereunder, in such amounts and. in such bans as the Association may deem appropriate from time to time. (a) Each Lot, Improvements constructed thereon, and carports, rf any, shall at all Umes ~ insured fDr the lull replacement thereof in the event of damage or desiructiart, .including fire and extended coverage, which policy or policies shall be purchased by the Associatbn and show the Association, the Owners and Mortgagees as named insured as their interest may appear. The Association may comply with the above requirements by the purchase of blanket coverage and may elect such "deduMible" provisions as, in the Association's opinbn, are consistent with good business practice. 1Vo individual Owner shall be excused from assessments attributable to such policy for any reason and the existence of such a blanket policy is declared to be in the mutual interests of a0 Members wlto are entitled. to vote two-thirds (Z/3) of all votes of members who ere voting in person or by proxy at a meeting duty called for this purpose. (b) Public Liability and Proos~,jt Damage insurance. The Associalkm Shalt purchase broad form comprehensive liability coverage in such amounts and in such forms es i< deems sdvisa~e to provide adequate protection. Coverage shah include, witFrout (imitation, liability for the personal injuries, operation of automobiles on t?ehalt of the Association, and aCtNlties in connection with the ownership, operation, maintenance and other use of the Project. (c) ~ ThsAssociation shall purchase workmen's compensation and,empbyer's liability insurance, and all other similar Insurance, in respect of employees of the Association in the amounts and in the forms now or hereafter required by law for any empbyees of the Associaton. (d) Fideli y Insurance. The Association shall purchase, in such amounts and in such forms as it shall deem appropriate, coverage against dishonesty of empbyees, destruction or disappearance of matey or securities, and forgery. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR TERRATOWNNOUSE CONVERSION SUBDIVISION, P, 6 pypytpl. t .: 07lt~lpp MC"gn, M. ° b!/1af177b lu;.~.y~bb-4,~~Ib RANllALL hKtllKll~KS h'Alat 1F:] (e) QthSt. The Association may obtain insurance against such other risks, of a similar or dissimilar nature as it shall deem approprlate with respect b the Protect, including any penaonal property of the Association located thereon. (f) Ferm. Casualty Insurance shall be carried in a form or ton'ns naming the Association as the insured, as trustee for the Owners, which policy or polices shall specify the Interest of each Owner and which policy or polides shall provide a standard loss payable clause providing for payments of insurance proceeds to the Association, as trustee 1br the Owners, and for the respective first Mortgagee which from time to time shall give notk:e to the Association of such first Mortgagees, such proceeds to be used in accordance with this Deciaratbn. Each policy shall also provide that it cannot be canceled by either the insured or the insurance camparty until aRer ten { 10) days' prbr written notice is first given So each Owner and to each first Mortgages. The Association shall famish to each owner and Declarant a true Dopy of such policy together with a certificate identifying the interest of the Owner. All polk;les of insurance shall provide that the insurance thereunder shad be invalidated or suspended only in respect to the interest of any particular Owner guilty of breach of warranty, act, omission, negligence or noncompllaoce with any provision of such policy, including payment of the insurance premium applicable to that Owner's interest, or who permits or falls to prevent the happening of any event, whether occurring before or after a loss, which under the provisions vt such pdicy would otherwise invalidate or suspend the entire policy. All policies of insurance shall provide further that the insurance under any such policy, as to the interest of all other insured Owners not guilty of any such act or omission, shall not be invalidated or suspended and shall remain In full force and effect. Public liability and property damage Insurance shall name the Association as the insured, as trustee for the Owners and shall protect eadl Owner against liability for acts of the Association, its ager-ts and etnpbyees, in connection with the ownership, operation, maintenance a: other use of the Project. {g) Insurance coverage on the furnishings and other personal property of the Owner placed in the unit, and casualty and pUbfic liability insurance coverage within each individual unit, and for activities of the Owner not acting by theAssociatbn with respect to the Common Area; insurance coverage against bas from then on all personal property, and insurance coverage on items of personal property placed in the unit by the Owner, shall be the responsibility Of the respective Owners. (h) lpsurance Proceeds. The Association shalt receive the proceeds of eny casualty insurance payments received under policies obtained and maintained pursuant to this amide. The Association shall apportion the proceeds to the portions of the proceeds attributable to damage to the Common Area. To the extent that reconstruction is required herein, the proceeds shall be used for such purpose. To the extent that reconstruction is not required herein and there is a determination that the Project shall not be rebuilt, the proceeds shall be distributed to the Owners equally. €ach Owner and each Mortgagee shall be bound by the apportionments of damage and of the Insurance proceeds made by the Associatbn pursuant thersty. (I) Owner's Own Insuranr~. Notwithstanding the provisbn of Section 4 hereof, east Owner may obtain insurance at his/her own expense providing coverage upon his/her bt, his/her personal property, far his/her personal liability, and covering such other r'~sks as he may deem approprlate, but each such pdicy shall provide that (t does not diminish the insurance carrier's coverage for liability arising under insurance poiides which the Association obtains pursuant to this amide. All such Insurance shall waive the Insurance company's right otsubrogation against theAssociation, the other Owners, and the servants, agents DECLAMATION OF COVENANTS, CONDITIONS AND RE6TRICT10N3 FORTERRATOWNHOUSECONVEMSION 3U8DIYISION, P, 9 QY0.7401.1 07/1MY! Mom~n, M. ~]lj14/17715 lµ: L7' Lbti-4.i.i-bylb KANU~-1LL rKtUK1l;K5 h''C:~~t 11 and guests of any ofthem, K such insurance can be obtained In the normal practice withaatt additional premium charge for the waiver of rights of subrogation. " ARTICLE Vil r•ecr rer'tY 17AINIAGF AR DE;;TR IQN y Afi~ TiUe_ Title to each Lot is hereby made subject to the terms and conditions hereof, which bind the Declarant and all subsequent Owners, whether or not it be so expressed in the deed by which any Owner acquires hisJher Lot. $~ItGII2. All of the Owners irrevOCabiy constitute and appoint the Associaton their true and lawful attorney in fact in their,name, place and stead lot the purpose of dealing with the Project upon its damage or destrudion as hereinafter provided. Acceptance by any grantee of a deed from the Declarant or from any Owner shall constitute such appointment. ,~ As attorney intact, the Associaton shall have tali and complete authorization, right and power to nrake, execute and deliver any contract, deed or other instrument with respect to the interest of an Ownerwhich may be necessary or appropriate to exercise the powers herekt granted. Repair and reconstruction of improvements as used in the succeeding sedbns mean restoring the Projed to substantially the same cortdRbn in which it existed prior to damage, with each dwelling unit and improvements, having substantially the same vertical and horizontal boundaries as before. The proceeds of ahy insurance collected shall be available to the Association for the purpose of repair ar reconstruction unless the Owners and all first Mortgagees unanirr>ously agree not to rebuild in accordance with the provisions set forth hereinaRer. In th'e event any Mortgagee should not agree to rebuild, the Association shall have the option to purchase such Mortgage by payment in full of the amount secured thereby if the Owners are to unanimous agreement to rebuild. The Association shall obtain the funds for such purpose by special assessments under Article N of the Declaration. Section 4. l:stlmate of Gosis_ As soon as practicable aRet an event causing damage to, or destrudbn of, any part of the Project, the Association shalt obtain estimates that k deems reliable and complete of the costs of repair or reconstruction of ttte part of the Projed damaged or destroyed. ~, As soon as practicable aRer receiving these estimates, the Association shaN~diligentty pursue to completethe repair or reconstrudbn of that part of the Project damaged or destroyed. The Associatbn may take all necessary or appropriate action to effect repair or reconstruction, . as attorney in tact for the Owners, and no crorraent to other adlon by any Owner shall lie necessary in connectbn therewith. Such repair or reconstructbn shall be in accordance with the original-plans and specifications at the Project or may be in accordance with any. other plans and speCihcatiorts the Association may approve, provided that !n such tatter event the number of cubic test and the number of square feet of any unit may not vary by more than five percent (590) from dwelling units as vriginatly rxmstrucled pursuant to such original plans and specifications and the bcatkm of the buildings shall be substantially the same as prior l0 damage Or destruction. DECLARATION OF COVENANTS, CONDITIONS ANO RESTRICTIONS fOR TERRA TOWNHOUSE CONVERSION SUBDIVISION, P. 1Q 9Yp7W7.t 07Naq~ r+omr,. M. a.{i4{1y~~ 14:~y 2E~8-433-897h RANL~ALL FREDRICKS FAGE 12 The proceeds of any insurance vollected shall be available to the Associatbn for the purpose of repair or reconstructivrf. if the proceeds o1 the Insurance are insuffident to'pay the estimated or actual cost of such repair or reconstruction, the Associative, pursuant to Article tv hereof. may levy in advance a special assessment of repair or reconstrudkm. Such assessment shall be~ allocated and collected as provided in that stride. Further levies may be made in like manner if the amounts collected prove insufflaent to complete the repair or reconstruction.,. ~ Dis ~rsem nt f f=unds for Repair or F3sconswr.Iion. The insurance proceeds held by the Associaton and the amounts received from the assessments provided for M Article IV constitute a fund for the payment of cost of repair and reconswctbn after casualty. it shall be deemed that the lust money disbursed in payment for cost of repair or reconswction shall be made from insurance proceeds; it there is a .balance after payment of all costs of repair or reconswctbn, such balance shad be distributed to the Owners in proportion to the contributions by each Owner pursuant to the assessments by the Association under Article IV of this Oeclaratlon. It all Owners and a!I holders of first Mortgages On tots agree trot to rebuild, as provided herein, the Project shall be sold and the proceeds distributed as set out in Article VI, Section 4 (h). ARTICLE YI11 ~n_t~R1Y Ll~-'-' RE4TRICTI~IILS The bilowing restrictions shall be applyable to the real property subject is this peclaration and shall be for the benefit of, and limitation upon, all present and future Owners of Said Property or any interest therein: y Unless written approval is first obtained from the board of directors, no sign of any kind shall be displayed to public view on any building or Building Site on Said Property except one professional sign of not more than flue square feet advertising for sale or rent, Or signs used by "Declarant' or its successors (if such successor acquires ail of the remaining Lots. owned by Declarant) to advertise the Property during the cortswctbn and axles perbd. If a Property is sold or rented, .any sign relating thereto shall be removed immediately except that the Declarant, and only [?eclarant or its agent, may post a 'sold" sign br a reasonable perbd folbwing a sale. - ,by No animals, birds, insects or livestock shall be kept on Said Property except domesticated dogs, cats or other common household pets which do not unreasonably botfier or constitute a nuisance to others. Said pets shall be allowed the use of such portions of roads and other public ways or essemerrts as may be designated or permitted for such use from time to time by the Association and under such conditions as may be set by the Association. No dogs or cats in excess of two (2) shall be kept by any resideMist household within said subdivision, and no animals of any kind shat) be bred or kepi for commercial purposes. All dogs must be leashed when outside a dwelling unit, and sha8 not be allowed in tfie Common Area or kenneled outside the dwelling units. Section 3: No part of Said Property shah be used or maintained as a dumping ground for rubbish, trash, garbage, o< any other waste. No garbage, trash or other waste shat! be kept or maintained on any part of Said Property except in a sanitary container. All incinerators or other equipment for the storage or disposal of such material shall l7e kept In a clean end sanitary condition and shall not be permitted to be in public view. DECLARATfON OF COVENANTS, CONDITIONS AND RESTRiCT10N5 FOR TERRA TOWNHOUSE CONVERSION SU8DNI910N. P. 11 aoourn.+ wnage ~+~+.~. w+. 07/14/1998 14:29 208-433-8976 RANDALL FREDRICKS PAGE 13 • ~ No noxious, offensive or unsightly condiCiorts shall be permitted upon any part d Said Property, nor shall anything tie done thereon which may ba or t~ecome an annoyance or nuisance to the neighbofiood. No trailer, camper-truck, tent, garage, bam, shack or other outbulldfng sPhall at any time tie used as a residence temporarily or permanentty on any paR of Saki Property. Parking of junk cars, or other unsightly vehicles, shall not be allowed on any part of Said Property nor on public ways adjacent thereto. All other parking of equipment shall be prohibited except as approved in writing by the board of directors. Automobiles shall not be parked upon the portions vt the Common Area designated ac street, H any. Sedlan 7. No Owner shall remove or otherwise alter any plant, tree or any landscaping or improvements In any Common Area without the written consent of the board of dlrectons. p~$, The Owners shalt not materially change the color of paint, stain or Knish from that Initially placed upon the exterior of the improvement8 placed upon Sald Property without first obtaining the approval of the board of directors. p,~. The Devebper shall at its sole Doer and expense landscape each lot- The Association shall, alter Installatwn of said landscaping, maintain the installed landscaping and the Owner shall have rro right to change or modify the landscaping without prior approval of the Associaton. Section t~: No overhangs, wing walls or other architectural appendages shall encroach yr project onto adjoining Lots. Section 11. There shall be no television antenna, ham radio antenna, or other appurtenances or appendages to any dwe0ing unit except as are approved by the board of directorB. Becton 12. There shat{ be no meta{ storage nor wood storage attachments to any dwelling unit except as appravad by the board of directors. Section 13_ All dwelling units within the subdivision shag be used solely for residential purposes and shall be occupied by not more than one family unit. ~iion 1Q. A~4R' n of Rules. The Association, through its board of directors, may adopt reasonable rotas not inconsistent with this declaration relating to the use of the Common Area and all fadlities thereon, and the conduct of owners and their tenants and guests with respect to the PropeRy and other Owners. $~tion 15. Use of Recreational Facilities in ttre Gomrnon Atsa The Associatkm shall have the power to-limit the number of an Owner's guests who may use any rscreationat facilities that might be constructed. ;~qn 16. $[yht to Lease. The respective individual unite or any portion thereof shalt not be rented by the Owners thereof for transient or hotel purposes, which shall be defined as DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR TERRA TOWNHOUSE CONVERSION SUBDIVISION, P. ST pp02fQ7.! 07l1~A! MOenM. M. ' p7,114/1998 14:29 2p8-433-8976 RANDALL FREDRICKS PAGE 14 • (a) rental far any perbd less than thirty (30) days, o< (b) any rental tf the occupants of the unit are provided customary hotel service such ss nom service for food and beverage, maid services, famishing laundry and linens, and bellboy service. Subject to the foregoing restrictions, the Owners of the respective units shall have the absolute right to lease same provided that the lease is made subject to the covenants, conditions, restrictions, limitations and uses contained in this Declaration. ;sec ten 17. j~lt~ttteslins~. No exterior cbthes lines Shall be erected or maintained and thane shall be no outside laundry or drying of clothes. Further, no cothes washers, clothes dryers, refrigerators or freezers may be kept, stored or operated on any balcony, patio, porch or other exterior area. Section 18: ~ No portion of any drapes, blinds or curtains, which are installed on the interbr of any residence, which may be seen from outside such residence, shall be of a color, texture or material which, In the reasonable vpin~n of the board of Architectural Control Committee, is inhamionbus with the exterior appearance of all residences. Section 19. Has_ketball Standards_ No basketball standard or fixed sports apparatus shall be attached to the exterior surface of any residence or garage, or effaced to any portion of the Common Area. ARTICLE IX Fws tu~T~ S "ten 1, ~. AIt conveyances of Lots, and the Common Area, shalt be subject to the foregoing restrictons, condftivns, and covenants, whether or not the some be expressed in the instruments of conveyance, and each and-every such- instrument of conveyance shall likewise be deemed to grant and reserve, whether or not the same be declared therein, mutual and reciprocal easements ever, across and under ail Common Areas and easements over alt Lots for maintenance and otherwise as authorized by this Declaration, and easements as otherwise shown on the plat for the Property, and excepting any portion of Said Property which may now or hereafter be occupied by a residence. All of said easements shah be for the benett of all present and future Owners of Property subject to the jurisdiction of the Association Dy covenants and restrictions recorded and approved as hereinabove provided; said easements, however, shall not be unrestricted, but -shall be subject to reasonable rules and regulations governing -ights of use as adopted from time to time by the directors of the Association in the interests of securing maximum sate usage of Said Property without unduly infringing upon the rights or privacy of the Owner or occupancy of any part of Said Property. The easements provided for in this article are in addition to those set forth In ARicle Ill. gammon Arm A further mutual and reciprocal easement for sidewalk purposes is granted and reserved over and across the Common Area in the Said Property, for the purpose of Constructing, maintaining and repairing sidewalks for the benefit of the residents of $aid Property, their tenants and guests, for the ingress and egress subject, however, tv rules and regulatbns reasonably restricting the right to use thereof for the safety and weftare of the public as may be promulgated from time to time by the Association and/or public authority. Section 3. P~Walls. Certain of the dwelling units constructed upon the Lots include party walls, being the common walls between two dwelling units, separating [he units. Such party walls are intended to be constructed upon the Lol txwndary lines separating adjoining tots. To the extent any party wall exists, DECLARATrON pF COVENANTS, CONDITIONS AND RESTRICTIONS FOR TERRA TOWNHOUSE CONVERSION SUBDIVISION, P. 13 yY03~07.t 07H~A6 MOman, M- 07,14/1998 14:29 208-433-8976 RANDALL FREDRICKS PAGE 15 • encroaches or overlaps upon a Lot, there is hereby created a common reciprocal easement for the location of such party wall. Each Owner shall Rave the right to use the surface of any party waN oontained within the interior of the Owner's dwelling unit, provided that an owner shad not drive, place or cause to be driven or placed any nail, bolt, screw ar other object into a party wall which penetrates the surface of such party wall more than one inch. The Owner shall respectively own to the centerline of any party wall. In the event any party waN Is damaged ar destroyed through the actor negligence of an Owner, that Owner shall be obligated to repair or replace the, party watt. ARTICLE X s:FN At PR VfSfONS FnfarcemerL The Association, or any Owner, or the Owner of any recorded Mortgage upon any part of Said Property, shall have the right to entoroe by any proceeding at law or in equity, aN restrictbns, conditions, covenants) reservations, liens and charges now or hereafter imposed by the provisions of the Declaration. Failure by the Associaiiion, or by any Owner, to enforce any covenant or s~tdctiriin herein contained shall in no event tie deemed a waiver of the right to do so thereaQer. In the event .s,it is t~fouQht to entorca the covenants contained herein, tf;e F;revailir~ part•~:a ~ ii ° a^E €~ ~ ~,: - =;:r.,* - =ra:a:--rr,6~e - - - - as v=s ~ eec: .-- _ ___-_ ~-:'= '_ 1lf11faAA1A11I1i11f UI ~iifiGfl II~IV Yipll ~i~lY 111~M ~v... iw ..w. .~ i-"-~ ~~°•: ~ ~• -.--- --- --_ • ~~~ T)illY i1V ]\111% ~ %W~/Mf WiN.1. ~a 11) W11i11V\ ~fi\II sit ~•Vf V159ii~V, w11 vi~IViiV Vi iw... r~ ~ x ~. - •- ~----^------- ~ ~~~~ w M 1YOV 7Ti0f`f AI invaiif ,)air 11In: 1IfVa'IwI w1Rn1 l/a,• 111111 L/p1.Iw10lRI)I OIIY{I IpI11P~~i i). iv.r .V w `. •.• ~••..- . ~• . _ . _ .. _ _ ~• ~~ 1I1 O WI11111.L alf)l1f Vp11 N111 Y ....a.:Mf fw. wwfwfMwlYn\ 01111 IdT0/110Q ml VfIll7ilf(]\1 ^\M1 Pt )1 I~1 111!\ f1Y11111 ..••^..v.• __-__-_ __ _... _. ... .. ........_..___ ._. -._ -.. _._ _3- _f aL ~~~ O_..f •1~f N... /`w..aw.lwfA .1ww lwwiwA AI A111fi'111\f1 f^fV\{i fYf1f 11l Yfll YlllY ll) Y~IV L1llY 51111 ~1OIItw1011.)\t ~OV~, Inf. Jurlsdidbn over this Subdivision, the more restrictive or ,,miring requiremsni snail "ve fiviiuriw. ,~, ~vQrability. InvalidaCiori of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shad remain in fait force and ,Q~y t- ,~, Tetm of Resf_rictions and Amendment. The covenants and restrictions of this iJ'~Ge~r®:~a l1 ~~f7~9~ 4'iirl Ci i4~ qa`7~ Id11U YQ=iLil1~0~1 ~ivroiir, a'i`iv Si ail vv wii~v iiib v°r-i1f-`s'i ti v jiw:: ~ % >: ~r~~ % ~;~~ = •• =i=- ~==' riiio rsr inf~d~~i in se3li rFibC [i[~H)tii(IY iur-aii+i uc3ei ties/+13i:/i) Zvi n iviiil U4 iiio~ii iv s %~~ = ~ _'+~- ~~•~ ~~=%. •. r~oi~e~»i:rn ie sec-nrli®ri s liiirinri esirr inidimi 6sfrri;, §ain r.l~'sisan~ili_i ~Tiai% fx1:~lrrf?riuffu uii 13ir ii`iauvilrve/i eel ~~:: eiee:le .a::),_ ~~_.:~a _.;;a +...vo;.+)..iwwww.i f....yf11 ivnn ii1.1n i\l,r+_ieli.fiv %7its m ino i nlynnrg ni inri niwicwfi inia, ~Tie~i ise_l e~ ... --- _-sue --..-_- =_a_ _~J ~__,aL~11 ~~~~i... rl i._ wr,/..w. wf:nwlla, wvlwwMlyrl Tom( nt~/~f)~CFIl/~ Ae~i[Tri$ f77Tg17 %'161!'" --"--- .•-r"-- =~_ !~.,.,~~_ ar !`---~:_~x f,L~ !_._,si Iffla f• _ ~_. 1___ aL~... 1.~. _IV_+J~ % iR\ ..f f1~a wye3i~Aei i e1Sn hu nn, ..- -` ""---. )__._._....a. ._ ..wu__ 1..!.. _:__~_' .c a.d asi-s~c.d ~_~~-! bs: .~_•~: -~sai51l-ter 1_~:....~.-. ... ___.-.w_.e .. _5: 'wi::i:: i. i:: as:...--:c:-~e:.v .:s ::: ..+ :b, - -i =+g-.== ~•. s -+.: ~,_ --~_ _ .1 ... _- ~ _.,_... _ _ __ . .r _.[_ e1__-~ .~ _a~_ ...1... ..~ ..Awll I+w•. w wWw..d t..w •.•.n Ikw Eilinn '1{ ai15r1i iM4~M 1i1IfAfl~ YMiii i VY\. .Y.iiiiiv. Y5='..ii .~:i.iii.w.i~r i': ic: ::y .v::: xas. v::x.: vv r~:.:v a., ~ ~.,_ _ _~ _"_ __.- """___~ _. _ . !1____.a__ L_ 11J~ i1~..~a.• 1J..6.. Q..aM :wa~w,w.ww1 fv vi ii iisai iaiiiviiib ,iii ivwliii: i.i iii ii:v Viiivv iii "-"v v'v i::: i_i : ~~-~~::+z-~ :cla %-.~:_ ~--.a~i"~- -'+~"~-~ -~ ~-'~ _"°_'°="`T"' -' - .J _L__~ a_~a~_ .J. .f aL•~ ~.1~1~ ..J "--"-"--""'-~ iiiiiaii i~i"ii ~iaiii " ,1~x~1 u,1~rl;iii ._ uivuvi i lb'ivi6lii.~o uY ii iiiiii ii5i Yi:ii v:5.ii 17 :::i:::vii .v c:i~ :..ti=i:~ :_--: .:+- ~+:~~~ ="::x PrT'iv Ti i)Y iii tic T)T.eFx-3 iii iw7iiiiii iii______ _____~_. .. _ __~ _'vi1__ _ii •• silty • -_ .iivi'v"v i. -,iilww Iwwi. M:iiiisf i5TVf9'ipwiii5: ni~3 aoi I .i dlii - iiUiiivii:v No Ri_a~ to Reversion Nothing herein Contameo m mss ueciaration) yr in anq roan yr =~_ _--., - --_ _.~ ;;: ~ ~:, t j~arlarariti or its successors and assigns, in selling Said Property, or any part VGVLiY11/'\ I IV11 Vf V V Y GI'1/'11\ 1 J. VY~\Vi i iVi1V !w~v i~tv~~~v?i viiv FOR TERRA TOWNHOUSE CONVERSION SU9D1V1S1~N. P. 1~ pO0ty101,1 O77tHiN ileln~ll, M. ©7/14/1998 14:29 208-433-8976 RANDAI_L FREDRICKS PAGE 16 { The provisbns oontalned M thf' Declaration shall bind and ~,~ neP3 ~, and ~ entcroeable by Declarant, the Association end the Owner or Owners of any ~_.,__ _. _ ~ ~_~~~__ ~_~ ,:,..:. I...e s!?d fl~sians: and each of their {egai representatives, and failure :.~ - a L.. ~_., ~g +1,~ vrr+xanr!ta tsar!lals. to .t.v.. .,.y-- --T - "_.:..__~'__ -__ _' - - - _.t._ ~Jli:~w IBBiniR if~SCJ!{:IIOISfa?~i:v: v:e: .= :_-~'-- ,-_~_. ,, _ event t'e deemed a waiver at the righi io do sv. __-= _ i :ss~~,~~ b1~~, AnY or aN rigMo, poMrers and tesen+etkms ttt D$s~atanf heroin _._ _ ,r __ =-v-._ - -_ _ ' __--r_ r-. _ ._ ~., ..ehpr r~,r~±c~ratign nr esBOClation wftiC t8 nOw -••- - -- - _ _,_-- -- ,,, .mss:. - ~, _ ... ~._~.o.., --- ---------- ---- - -------- ----- -- ---- - .:...:,.g.,: - -------- -------- --- ------ --- - ---- - ----- aS n OWI1K any iluviov: ~::::~c~ ~~:_ -~ -- -_-.- ~'-_ - c•....r..+.. A ~A~+r1nMAAA~ Right in the eVef`~ tFSS~ t9°e _ _ _. _.:~.:.-r3~=.:~a~ ~.~:~ b~ U_ f~ wh3~:h a li®n has be~sn ~eced aga~ne, ane -------- ----- - - ----------- - S z~_a _~~~-_ .::~: _~_ _~._ _ - _ - __ ~ __.-___ .___~~ nw+.s~f•i0itr,i, in i~lrif laY Viii ii}vi ~ - ++~-~~~•~.~ .. _.- -_ -__ _ . _ ~ _, -- .¢aZ~!3 f6~~}!.' r S_i~i ~t Wis. 1 s , - .=;~si~~--~ .__ ~~_~._ _S -e . aat._d ~aa -~. ~~: Fy: ^~°ss?~:erSes ~Y.oi.. }fit ~ fL_: ~C~`r ...r . ~ .~ -..-.. ___ ._O via}iti- -i ~r::~.', ~~ _. __. _- - __ SQL i'SO~is~-s:r,~. •• ~~-~~~ ~_ ciN~i~t~tiiidi. Additianal reeidenti~l property and Common Area may be ahnexed to the - ,....,i _~ __-`~` ---.1__ rr ~JJi~4,ws1 nrr+r>sA{AO. , - - e _~_._ et= !^`~_z!r_>~~~ 6...w{,. M. wa_ heW~1lP7.f1 ~~,R31 ~F7l~IlU ul url_T_AtCCC WN~RFC]F ShW ilnDeiiiOn~. u>mnoN pits e.rwlotot/. ~cv:v:::, ::__ .:_ -=,=-- ----•- i7ii iii ot9iii ii+~ =-y °- . ~C(arill i 1-IUfiAtTf. L.L.4- ~~ tr#sF~n IimHAA li'i,ilitV camaanv By: Managing Member DECLARATSON OF COVENANTS, CONDITIONS ANO REBTRIC740NS FOR TERRA TOWNHOUSE CONVERSION SUBDIVISION, P. 15 yppy~Ot.1 07It~ Mpmm. M. 07,f~i4/ly9ti 14:29 208-433-8976 RANDALL FREDRICKS PAGE 17 _ ~ • STATE OF IDAHO ) os Courtly of Ada ) On this day of , 199 ,before ma, the unders#gned, notary public in and for said State, personally appeared known or identified to me .;.;,; „~,,,a,~, ::a:° ,~,; ; rO~ES, ~,.t..C., sort Idaho limited liab(lity company, the company _ -. _. ,.+a.~s.r.. yea ,r esrrir ~ s__.._ Lw+a.,a1®.._4 ~w,• I+nwA an,! sNivor{f,V jtllPi Oi 4M4~i Yr1~ P79N AI'1(~ Y~3D7 ?i~9 •~1 f 1\~JJ >>:iL1~VVi , i iii9Yv nv. vvn~V vvi .: 1• ::~::;::,:.~ ...:::-s:~ ::: J _ _.._... _. _ _ __ ,,,~ ___ _. -' sZ a'u~i~a 'oTi~ivii. NOTARY PUBLIC for Idaho Residing at Commission expires' is DECLARATION OF COVENANTS; CONDITIONS AND RESTRICTIONS FOR TERRA TOWNHOUSE CONVERSION SUBDIVISION. P. 18 9903401.1 QT114)9p rgm~n, M; • Engineers , Inc . To: Shari Stiles Planning & Zoning Administrator City of Meridian 200 E. Carlton, Suite 201 __ Meridian, Idaho 83642 , Date: July 16, 1998 RE: Terra Townhouse Subdivision ~ - Dear Ms. Stiles: _ " On behalf of aim Hicks, Accent Homes L.L.C., we are submitting this application for a Conditional Use and Subdivision Preliminary Plat on .4419 acres located at 623 & 625 -- W. Idaho,Street, Meridian, Idaho (lots 2 & 3 Terra Subdivision) Sectionl2, 3N, 1 W. The ' - proposed project is a conversion of 2 four plexes into a subdivision consisting of 8 zero `lot line townhouses, 8 carport lots, and l common open space lot. -_ ~ ~ - - _ The property is currently zoned R15 with 2 existing four plexes, 8 carports, and 8 storage sheds under the carports.. ~ ' _ ~ ' _ - - ~ ~ ~ ~ - ~ ~ ~ ~ - -All utilities are available to the site. Each individual townhouse lot willhave separate utilities... - -~ __ .. The conversion ro ect will c ` ~ p j reate 8 single family, -zero lot line townhouses with each lot '" being linked by ownership to a carport lot which includes an individual storage shed. In . _' ~ _ addition,"a common/open spacelot is being provided for the'`use of the owners of the ~ 4 ' { _ townhouses. The common lot at 7,362 sq. ft: exceeds the requirements of the Meridian _ ~ Code for percentage of open space. As required, restrictive covenants are being _ _ submitted with this application for the continued maintenance of the common lot and assured quality of the project. - ~ ~ _ -- -, - _ ~_~ ~ Since this is an existing facility, we find it necessary to request a variance of Sections 2- - 405-F (Street Access), 2-408-B (Density); and 2-410-A (Minimum lot area & front yard set back) of the Meridian Code,in order to subdivide 'the buildings for individual ,ownership: The conversions of the existing four plexes into. townhouses will not change the general use or character of the property and as such will not cause any change in the impact on the surrounding properties -which have uses consistent with this project. The surrounding - area is predominantly multi-family facilities zoned R15. In addition, the traffic impact 870 NORTH CINDER SUITE B ~ MERIDIAN, IDAHO 83642 ~ (208) 887-7760 ~ FAX (208) 887-7781 from this conversion will not have any adverse impact on the adjacent roadways, intersections or properties. All streets; curbs, gutter and sidewalks are constructed to standards as required by Ada County Highway District and Meridian Ordinance. Statements of Compliance: 1. The proposed use is in conformance with the City of Meridian Comprehensive Plan. 2. The development will be connected to City services individually. ' 3. The preliminary plat will include all appropriate easements. 4. Existing street names are not in conflict with the City grid system.. If you have any questions or comments regarding this matter, please feel free to call me ' at (208) 887-7760. - - _ - - Sincerely, , L ~~ - ~ _. - Bob Unger ,~ _ ~_ _ ~ ~ _ Project Manager ~ ~ ~ ~ ~ ~' ~, . - ,- _ ~ ~_ ~ j i Cc: _File #97721 J ~ ;, ' - , _ . ~~ ,-, ~~~~ ~ '~ Jim Hicks; Accent Homes, L.L:C ~ ~ _ _ ~ ~ ~. Mike Homan, - :. .- - ~ - _.. -- ~_ - ~ ~ r -/. _ -~ ~ ~ ~ ~ _ ~ i _ i 4 .i I Ir. t -~ ' " .~ CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT NAME: aim Hicks, Accent Homes L.L.C ~ PHONE:898-9963 ADDRESS: 8'12 E. Martinique, Meridian, ID 83642 GINEIZAL LOCATION: Lots 2 & 3 , Block 2 , Terra Sub , Section 1 2 , 3N,1 W DESCRIPTION OF PROPOSED CONDTITONAL USE: subdivision o f 2 existing ~.~ ... Four Plexes into'8 zero lot line Townhouses. ZONING CLASSIFICATION: R 1 5 I certify that the information contained herein is true and co ~f GSe of Applicant Social Security Number S~ ~ ~ 2 O O LEGAL NOTICE OF PUBLIC F[EARIlVG Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and Zoning Commission w~11 hold a Public Hearing in the Meridian City Hall on at r.m. The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by for the property generally descn'bed as Located at -, SUBDIVISION, BLOCK .LOT TO REQUEST FOR SUBDIVISION APPROVAL PRELIMINARY PLAT AND/OR FINAL PLAT PLANNING AND ZONING COMMISSION TIME TABLE FOR SUBMISSION: A request for preliminary plat approval must be in the City Clerk's possession no later than three days following the regular meeting of the Planning & Zoning Commission. The Planning and Zoning Commission will hear the request at the monthly meeting kfollowing the month that the request was made. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation aze received before 5:00 P. M., Thursday following the Planning and Zoning Commission action. GENERAL INFORMATION 1. Name of Annexation and Subdivision: Terra Townhouse Subdivision 2. General Location: Lots 2 & 3 , Block2 , Terra Sub, Section 1 2 , 3N, 1 W 3. Owners of Record:Accent Homes L . L . C . Address: 812 E Martinique~MerdZip~83642 Telephone- 898-9963 4. Applicant: Jim Hicks Address: 81 2 E. Martiniaue,Merid, Zip 83642 Telephone 898-9963 5. Engineer:-- Bob Unger Firm:Pinnacle Engineers ~ Inc _ 6. Name and address to receive City billings- Name: Accent Homes L . L . e . Address 81 2 E. Martinque, Meridian, ID 8364~'elephone 898-9963 PRELIMINARY PLAT CI~ECKLIST: Subdivision Features 1. Acres:.4 41 9 2. Number of building lots: 8 3. Number of other lots: 9 4.. Gross density per acre: 18 5. Net density per acre: l g 6. Zoning Classification(s): x-1 5 7. If the proposed subdivision is outside the Meridian City Limits but within the jurisdictional mile, what is the existing zoning classification? N/A 8. Does the rlat border a potential green belt? No 9. Ha~; a recreational easements been provided for? No 10. Are there proposed recreational amenities to the City? No Explain Lot 9 ~S_an_ oxen ~sace/Common z.ot for LGP her rc~~ic7Pn~~_ • I1. .Are there proposed dedications of common areas? Yes Explain Lot 9 is ~~ c3~_i_cated comman Lot far use by residenc~~g For future parrs? No Explain ~ _ 12. What school(s) service the area? Meridian. Do you propose any agreements for future~school sites? No Expo Existing •development 13. Are thew any other proposed amenities to the City? No Explain Existing Heve:loAinent 14. Type of Building (Residential, Commercial, Industrial or combination): re s i dent i a l 15. Type ofDwelling(s) (Single Family, Duplexes, Multiplexes, other): Townhouses 16. Proposed Development features: _ a. 11Tnimum square footage of 1ot(s):1 0 8 2 SQ . FT . b. Minimum square footage of stnicture~s}: 94 I s~, . Fr. c. Are garages provided for? Carports Sq~ footage: 2 5 0 - 2 75 SQ . FT . d. Has landscaping been provided for? Yes Descnbe: Ex i s t i n g e. Will trees be provided for?Existin~Vill trees be ma;Trtatn~? Yes £ Are sprinkler systems provided for? Yes g. Are there multiple units?Yes Type; Townhouses Remarks: h. Are there special set back requirements? Yes Explain: Zero Lot Lines i. Has off street parking been provided for?Yes :Explain: Ex i s t i n g j. Value range of property. ~ o~ o 0 0_ n n -~ 9~R 0 0 0 0 0 k. Type of financing for development: N! A f Ex i s t i n q) L Were protective covenants submitted? Yes Date: 7 / 1 6 / 9 8 17. Does the proposal land lock other property`? No Does it create Enclaves? No C S~AT'ElVIENTS OP COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District -and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (S7 feet in width. 2. Proposed use is in conformance with the City.ofMeridian Comprehensive Plan. 3. Development will connect to City services. 4. Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. • b. Street names must not conflict with City grid system. 9-bf)4 B PRE-APPLICATION ME~TIl~iG The developer shall meet with the Administrator prior to `he submission of the Preliminary Development Plan. The purpose of this meeting is to discuss early and informally the purpose and effects of this Ordinance and the criteria and standards contained•herein, and to fi~miliarize the developer with the Comprehensive Plan, Zoning Ordinance, Subdivision Ordinance and such other plans and, ordinances as deemed Z Engineers, Inc. 870 N. CINDER SUITE B, MERIDIAN, ID 83642 PH (208) 887-7760 (208) 887-7781 FAX TO: ~ 1 r~ r, gS' ~ A /-'~// ~~/ LETTER OF TRANSMITTAL DATE: ~ ~ /~ n l if JOB NO: ~ ~ ^ /( ATTENTION: ~ RE: ~ /4- o n/ OGt,S ~ S ol~ WE ARE SENDING YOU ^ Attached ^ Under separate cover via the following items ^ Shop drawings ^ Blueprints O SepiasNellums ^ Calculations ^ Specifications ^ 8-1/2 x 11 Drawing(s) ^ 11 x 17 Drawing(s) O 3 1/2" disk O Mylar/Ammonia Mylar ^ Field Report O Copy of letter O Change Order ^ COPIES DATE REV. NO. DESCRIPTION ~ -,CAM. .t ~ T ~~,C iC~t`iv.t~ S' THESE ARE TRANSMITTED as checked below: ^ For review ^ For your use ^ As requested ^ For review and comment ^ FOR BIDS DUE O No exceptions taken O Make corrections noted O Revise and Resubmit O Resubmit copies for approval ^ Submit copies for distribution ^ Return corrected prints ^ PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO: SIGNED: 0 7 v ~y ~B a € J €~- ~~~o I~ ~ N # O~ • h ~*, ~} t f r N (7 O o m ~ ~ t x *, {~, ~ ~ N ~ t o - ~ Z ~ Q ~ ,~,, ,o ~~ w :~ , ,~. o ;^ ,. ,: ~~ • tD^N * ii a N~ m ~ ~ .--. ~ ~ ~ .Z ~¢ ~ v n ~ O e d ~ ~ ' 00 O ~ a~ W Z t J ~ ~' z o iu ~ ° r` ~'' F3. °D U 'o w w '° F=- O ~ x ~w c o ~ ao y fV ~ ~ ~ M N ~ C ¢ O c v o 'crd .~ '~ .~ ~ w ~ ~ o _ ° ~ 'b ~ ~i W ~ ~ U M ~ a d .-~ (] 0 0 s 0 0 :' r. r. 0 .• s ... _• ._ ^ i :.~ J1 v ^ CITY OF ~ MERIDIAN "Hub of Treasure Valley' 33 E. Idaho Meridian, Idaho 83642 888433 Urtler No. Uate I '~ Name Yt nn4cl2 ~ '+, r, - -f' rr T h vS-e Address 5-10 IV. 1 ~hrler ~fie.8 Meri c(,-Qy~ l ~• Phone: IFS "7' -'I"7(op SOLD BY CASH C.O.D. CHARGE ~he~ ON ACCT. MDSE. RETD. PAID OUT C,u P ? ~ . 9Z8 1 c.o 0 1 ~, ~ I.to~l ~'~-10 mai 1.n s 1 I - r33. ~o - I t I I. I 1 I 1 1 I /O I 1 i I I All claims and returned goods MUST be accompanied by this'biU2:J° I TAX 0 0 0 9 0 4 3 gYceived TOTAL Z~S I~~ GS-202-2 ~ Pfi1N7ED IN U.S.A. JJf,~~ r"i~rEO war" ~J SOY INK „ C~~~1Q/'t1L - C~6LU TERRA TOWNHOUSE SUB. -PROPERTY OWNERS WITHIN 300' ,,, HERSEY RICHARD S & LOUISE AND ., ,~,~° t RADER LOREN C HERSEY CLIFFORD B & JANET L PO BOX 713 1450 STITZEL RD .BOISE ID 83701-0713 h ELKO NV 89801-4892 642 W IDAHO AVE 830 W 07TH ST ` F,, 622 W IDAHO AVE BRINCKEN EMIL W & ESTHER L SLAATHAUG JOYCE C 711 W PINE AVE 592 W IDAHO AVE MERIDIAN ID 83642-2138 MERIDIAN ID 83642-2542 582 W IDAHO AVE. PACK LOVA JUNE & RAY'O 524 W CARLTON AVE INDIVERI HARRIET ELLEN i MERIDIAN ID 83642-2125 PO BOX 13 645 W PINE AVE APTOS CA 95001-0013 519 W PINE AVE MIGNEAULT LESLIE D & DAMITA K 1680 BEARDEN CT ROSS BRENT E MERIDIAN ID 83642-1301 4281 W PLUMROSE DR 631 W PINE AVE MERIDIAN ID 83642 700 W IDAHO AVE PIPKIN CHESTER & SUSAN M AND BEARD JAMES A & LISA M WESTBERG PAUL L & MARY C 79`E AIKENS PO BOX 280 EAGLE ID 83616 STAR ID 83669-0280 6I9 W PINE AVE 682 W IDAHO AVE 662 W IDAHO AVE MADSEN DWAYNE L & LUCY ANN 603 W PINE AVE CONNER CLARENCE ET UX MERIDIAN II? 83642-2136 3517 S ASHBURY WAY BOISE ID 83706-6414 WILLIAMS PAUL D & LORI R 604 W BROADWAY AVE 535 W PINE AVE MERIDIAN ID 83642 BAIRD SCOTT C & APRIL M 730 W 07TH ST WILSON EVERETT E & ROEN A MERIDIAN ID 83642-2401 1567 LESLIE WAY MERIDIAN ID 83642-5711 HUBBELL ERIC J & NELDA A 802 W 07TH ST 7224 COLT DR BOISE ID 83709 MCRAE DENIS R & MARTHA L 661 W IDAHO AVE 2622 SAN MARCO WAY NAMPA ID 83686-7921 535 W PINE AVE {. 3°~ ., WAKING KELLIE JO & BRADLEY T PO BOX 16686 BOISE ID 83715 645 W IDAHO AVE ACCENT HOMES L L C 812 E MARTINIQUE DR MERIDIAN ID 83642-7417 623 W IDAHO AVE 625 W IDAHO AVE HOBSON DAVID G & CINDY L AND HOBSON JEFFRY NI & SANDRA 4111 OVERLAND RD BOISE ID' 83705-2972 702 W 07TH ST WANG LOUIS F 1507 YUKON DR SI:CIINYVALE CA 94087-4453 650 W BROADWAY AVE SLANSKY JOE V & LELA M 644 W BROADWAY AVE MERIDIAN ID 83642-2405 PACK ALAN R & DEANN K 636 W BROADWAY AVE MERIDIAN ID 83642-2405 HENNING ROGER M & IRIS N 528 W BROADWAY AVE MERIDIAN ID 83642-2531 FREEBERG JOHN & BONNIE TRUSTEE WOODEN KAY R PO BOX 542 NAMPA ID 83653-0542 701 W 07TH ST 660 W BROADWAY AVE 701 W IDAHO AVE 717 W IDAHO AVE JARRETT WILLIAM E JR & VIDA M 624 W~BROADWAY AVE MERIDIAN ID 83642-2405 FOLEY J C & MARTHA C 522 W BROADWAY AVE MERIDIAN ID 83642-2531 IDAHO CONGREGATION OF JEHOVAHS WITNESSES INC 3733 S MCGUIRE PL MERIDIAN ID 83642-6989 721 W BROADWAY AVE ROBERTS EDWARD & MARY 5641 CASCADE RD EMMETT ID 83617-9720 685 W BROADWAY AVE HADLEY DOUGLAS G AND SONJA K 11000 NETHERLAND DR BOISE ID 83709-2360 647 W BROADWAY AVE LEIGHTON TRACY WILLIAM & WENDY L 631 W BROADWAY AVE MERIDIAN ID 83642-2404- TIMSON GARY C & PEGGY L 621 W BROADWAY AVE MERIDIAN ID 83642-2404 HOPKINS RAYMOND W 607 W BROADWAY AVE MERIDIAN ID 83642-2404 TREAT LOLA MAY 521 W BROADWAY AVE MERIDIAN ID 83642-2530 Terra. Tawn house Svb~; v,S;n~ PARCEL OWNER S1212428047 HERSEY_RICHARD S & LOUISE AND S1212428049 BRINCKEN EMIL W & ESTHER L S1212428037 PACK LOVA JUNE & RAY O S1 21 242801 0 MIGNEAULT LESLIE D & DAMITA K S1212427975 PIPKIN CHESTER & SUSAN M AND S1212427961 MADSEN DWAYNE L & LUCY ANN S1212427933 WILLIAMS PAUL D & LORI R S1212428057 WILSON EVERETT E & ROEN A S1212427937 MCRAE DENIS R & MARTHA L 88378190010 RADER LOREN C 88378190020 RADER LOREN C 88378190030 SLAATHAUG JOYCE C S1212427920 INDIVERI HARRIET ELLEN S1212428085 ROSS BRENT E S1212428068 WESTBERG PAUL L & MARY C S1212427941 MCRAE DENIS R & MARTHA L S1212428060 WESTBERG PAUL L & MARY C S1212428280 CONNER CLARENCE ET UX S1212428088 FREEBERG JOHN & BONNIE TRUSTEE S1212428074 BAIRD SCOTT C & APRIL M S1212428072 MURRELL ERIC J & NELDA A 88378190040 WARING KELLIE JO & BRADLEY T 88378190050 ACCENT HOMES L L C 88378190060 ACCENT HOMES L L C S1212428089 FREEBERG JOHN & BONNIE TRUSTEE S1212428076 HOBSON DAVID G & CINDY L AND' S1212428294 WANG LOUIS F S1212428292 SLANSKY JOE V & LELA M S1212428290 PACK ALAN R & DEANN K S1212428228 'HENNING ROGER M & IRIS N S121242809.1 FREEBERG JOHN & BONNIE TRUSTEE S1212428295 FREEBERG JOHN & BONNIE TRUSTEE S1212428288 JARRETT WILLIAM E JR & VIDA M $1212428299 IDAHO CONGREGATION OF S1212428302 ROBERTS EDWARD & MARY S1212428306 HADLEY DOUGLAS G AND SONJA K S1212428308 LEIGHTON TRACY WILLIAM & S1212428310 TIMSON GARY G & PEGGY L S1 21 242831 3 HOPKINS RAYMOND W OWNADD3 1450 STITZEL FiD 711 W PINE AVE 524 W CARLTON AVE 1680 BEARDEN CT 79 E AIKENS 603 W PINE AVE 535 W PINE AVE 1567 LESLIE WAY 2622 SAN MARCO WAY PO BOX 713 PO BOX 713 592 W IDAHO AVE PO BOX 13 4281 W PLUMROSE DR PO BOX 280 2622 SAN MARCO WAY PO BOX 280 3517 S ASHBURY WAY PO BOX 542 730 W 07TH ST 7224 COLT DR PO BOX 16686 812 E MARTINIQUE DR 812 E MARTINIQUE DR PO BOX 542 4111 OVERLAND RD 1507 YUKON DR 644 W BROADWAY AVE 636 W BROADWAY AVE 528 W BROADWAY AVE PO BOX 542 PO BOX 542 624 W BROADWAY AVE 3733 S MCGUIRE PL 5641 CASCADE RD 11000 NETHERLAND DR 631 W BROADWAY AVE 621 W BROADWAY AVE 607 W BROADWAY AVE OWNLAST ELKO NV 89801-4892 MERIDIAN ID 83642-2138 MERIDIAN ID 83642-2125 MERIDIAN ID 83642-1301 EAGLE ID 83616 MERIDIAN ID 83642-2136 MERIDIAN ID 83642 MERIDIAN ID 83642-5711 NAMPA ID 83686-7921 BOISE ID 83701-0713 BOISE ID 83701-0713 MERIDIAN ID 83642-2542 APTOS CA 95001-0013 MERIDIAN ID 83642 STAR ID 83669-0280 NAMPA ID 83686-7921 STAR ID 83669-0280 BOISE ID 83706-6414 NAMPA ID 83653-0542 MERIDIAN ID 83642-2401 BOISE ID 83709 BOISE ID 83715 MERIDIAN ID 83642-7417 MERIDIAN ID 83642-7417 NAMPA ID 83653-0542 BOISE ID 83705-2972 SUNNYVALE CA 94087-4453 MERIDIAN ID 83642-2405 MERIDIAN ID 83642-2405 MERIDIAN ID 83642-2531 NAMPA ID 83653-0542 NAMPA ID 83653-0542 MERIDIAN ID 83642-2405 MERIDIAN ID 83642-6989 EM M ETT I D 83617-9720 BOISE ID 83709-2360 MERIDIAN ID 83642-2404 MERIDIAN ID 83642-2404 MERIDIAN ID 83642-2404 _ , Y a ~ r O N~ ~ Ul ~ .A i ~ 1 N ~ O ~~ W V ~ (~1 j] W N . ~ ~ D m . ~, t - , `° a 3 ~ ~ c rv v -- ~ 1~ ~ mm a ~ ' ~" ~~ C~ _ .. ~ ~ = f~D~~ i~. -• N d V T m ~ ; ~ ~ ~ ~ ~ ~ ~, m cu a n. 3~ ~; ~ = 1 ~ C.i~, ~ ~ . ~ ~ ~ c~ .~ ~.~ CJ~ <~ z ~ ~ ~° O • N O [~°~j . 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N ~ p ~ m O w Q d w ~ - ~ N `` m I ~ m= m c T N Mayor ROBERT D. CORRIE omitM-m r, CHARLESROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD s HUB OF. TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) 887-4813 LEGAL DEPARTMENT (2oa> ss4-=~~~.~ PUBLIC WORKS BUILDING DEPARTMENT (208> 8s~-22 u PLANNING AND ZONING DEPARTMENT (208) 834-5533 FACSIMILE COVER SHEET FAX NUMBER: ~ ~ ~ . ~ ~ ~ ~ DATE: f~ `~ 1 TO: c TITLE/DEPARTMENT: CONFIDENTIAL: YES NO TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET): ~~ FR M: CITnY~OF M RIQIAN NAME: C,Ii K,,~' C TITLE/DEPART~A71E, NT: COMMENTS: I~id r~ - FAX NUMBER: (208) 888-4218 PLEASE CALL US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS SUCCESSFULLY (208) 888-4433. ~} 4 ~.n. .XS~K .... w. •~{ ,. Mme'-• ]USTIN P. AYLSWORTH JULIE KLEIN FISCHER WM. F. GIGRAY, Ill D. SAMUEL ]OHNSON WILLIAM A. MORROW' CHRISTOPHER $. NYE PHILIP A. PETERSON STEPHEN L. PRUSS ERIC $. ROSSMAN TODD A. ROSSMAN R. $TEPHEN RUTHERFORD TERRENCE R. WHITE December 1, 1998 CITY OF 17ERIDIAN William G. Berg, Jr. Meridian City Clerk 33 East Idaho Street Meridian, Idaho 83642 RE: TERRA TOWNHOUSE SUBDIVISION Dear Will: Pursuant to City Council action of November 17, 1998, I have prepared the FINDINGS AND ORDER OF APPROVAL OF PRELIMINARY PLAT in the application of Jim Hicks, regarding the above matter. This document is now ready for the Mayor's signature and after the Mayor's signature had been secured, and the City Clerk's signature secured, the original should be retained by the City Clerk. Copies should be served upon the Applicant, the Planning and ,Zoning Department and the Public Works Department, as designated by the City Clerk's signature. If you need further assistance by this office, please advise. ~ Very WFG/msg Enclosure WHITE, PETERSON, PRUSS, MORROW &GIGRAY, P.A. ATTORNEYS AT LAW 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208)288-2499 FAX (208) 288.2501 F. Gdgray, III NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653.0247 TEL (208) 466-9272 FAX (208) 466.4405 PLEASE REPLY TO MERIDIAN OFFICE REcEZVED `~ ~ • BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF JIM HICKS, APPLICATION FOR PRELIMINARY PLAT PERMIT FOR TERRA TOWNHOUSE SUBDIVISION, EAST OF W. 7TH AND SOUTH OF IDAHO, MERIDIAN, IDAHO FINDINGS AND ORDER OF APPROVAL OF PRELIMINARY PLAT The above entitled matter coming on regularly for public hearing before the City Council on the 17th day of November, 1998. Appearing at the hearing on behalf of the Applicant was Mr. Bob Unger of Pinnacle Engineers, lnc. Appearing in opposition was Terril Jared of 624 West Broadway, Meridian, Idaho, who appeared and then withdrew his opposition. The City Council received a report from Shari Stiles, the Planning and Zoning Administrator, and received and reviewed the transcript of the public hearing as Item #2 held before the Planning and Zoning Commission on October 13, 1998, and the record of the proceedings before the Planning and Zoning Commission including the application and the preliminary plat drafted by Pinnacle Engineers, Inc., entitled Preliminary Plat for Terra Townhouse Subdivision, dated 07-16-98, drawn by DAB, checked by David A. Bailey, P.E., Project No. 97721, Sheet PP-1, which was submitted for preliminary plat approval and which preliminary plat is herein received and adjudged by the City Council pursuant to Section 11-9-604, Municipal Code of the City of Meridian. Therefore the City Council makes the following findings: FINDINGS AND ORDER OF APPROVAL OF PRELIMINARY PLAT FOR TERRA TOWNHOUSE SUBDIVISION/ JIM HICKS • FINDINGS OF FACT 1. That the proposed development, is in conformance with the Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning. Analysis Comprehensive Plan and Map, adopted December 21, 1993, and the property is presently zoned R-15, Medium High Density Residential District, which provides for the establishment of medium-high density single-family attached and multi-family dwellings at a density not exceeding fifteen (15) dwelling units per acre. All such districts must have direct access to a transportation arterial or collector, abut or have ,direct access to a .park or open space corridor, and be connected to the Municipal Water and Sewer systems of the City of Meridian. The predominant housing types in this district will be patio homes, zero lot line single-family dwellings= townhouses, apartment buildings and condominiums. [see Section 11-2-408 B 5, Municipal Code of the City of Meridian.] 2. This proposal is a resubdivision of all of Lots 2 and 3, Block 2, of Terra Townhouse Subdivision lying in the NW 1/4 of the SE 1/4 of Section 12, Township 3 North, Range 1 West, Boise Meridian, which townhouses shown on the preliminary plat are currently constructed and occupied. The apartments were constructed to townhouse standards with the exception of individual sewer and water services. Anew seweF main extension will serve the individual FINDINGS AND ORDER OF APPROVAL OF PRELIMINARY PLAT FOR TERRA TOWNHOUSE SUBDIVISION/ JIM HICKS • townhouses. New water meters will be constructed for individual service to each townhouse. Each of Lots 5-8 and 10-13 of Block 1 will be sold with the lot on which the carport serves the townhouse. Lot 9, Block 1 is a common lot and will be owned and maintained by the homeowner's association. 3. The- preliminary plat is in conformance with the Comprehensive Plan City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4, 1994, as set forth in Residential Policies, therein at Sections 2.1 U and 2.5U on page 23 and at the Housing Policies at pages 67 and 68, Sections 1.1, 1.3, 1.4, 1.9 and 1.19, and the Neighborhood Identity Goal Statement at page 74, Sections 6.4U and 6.5U and is in conformance with existing Zoning and Development Ordinance and Zoning Map as is referenced at page 75 under Implementation of the Comprehensive Plan. 4. It is determined that Urban Services can be made available to accommodate the proposed development if the plat complies with the following responses of government entities providing those services within this planning jurisdiction were received from the City's Planning and Zoning Administrator, includes the following: A. Existing single sanitary sewer services to this site will have to be converted to a new private sewer main and service lines to each unit. Applicant will be responsible to construct the private sewer main through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. FINDINGS AND ORDER OF APPROVAL OF PRELIMINARY PLAT FOR TERRA TOWNHOUSE SUBDIVISION/ JIM HICKS B. Existing single water services to this site will have to be converted to individual metered services. Applicant will be responsible to construct the water system improvements to and through this proposed development. Subdivision designer to coordinate sizing and routing with the Public Works Department." 5. The proposed development is a continuity of the proposed development within the City's Capital Improvement Program and if the conditions which are requested by the City's Planning and Zoning Administrator and as proposed by the developer as stated on the preliminary plat there will be public financial capability of supporting services for the proposed development. 6. The development if built in accordance with the conditions and as proposed, will not create health, safety or environmental problems and there have been no specifics of any such concerns brought to the Council's attention. ORDER Pursuant to the City Council's authority as provided in Section 11-9-604E of the Municipal Code of the City of Meridian and based upon the above and foregoing Findings of Fact IT IS HEREBY ORDERED AND THIS DOES ORDER the Preliminary Plat of the applicant as evidenced by Pinnacle Engineers, Inc., entitled Preliminary Plat for Terra Townhouse Subdivision, dated 07-16-98, drawn by DAB, checked by David A. Bailey, P.E., Project No. 97721, Sheet PP- 1, be and the same is hereby approved with conditions of approval as follows to- FINDINGS AND ORDER OF APPROVAL OF PRELIMINARY PLAT FOR TERRA TOWNHOUSE SUBDIVISION/ JIM HICKS • W It: If there are any existing irrigation/drainage ditches crossing the property to be included in this project, they shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by-the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2. If there are any existing domestic wells and/or septic systems within this project they will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 3: Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 4. Existing single sanitary sewer services to this site will have to be converted to a new private sewer main and service lines to each unit. Applicant will be responsible to construct the private sewer main through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 5. Existing single water services to this site will have to be`converted to individual metered services. Applicant will be responsible to construct the water system improvements to and through this proposed development. Subdivision designer to coordinate sizing and routing with the Public Works Department. 6. If there are any existing ditch easements the preliminary plat map shall so indicate. 7. The 90' diameter temporary turnaround easement to be shown on the plat. 8. Conditioned upon the Public Works Department reviewing the sewer and water assessment records to determine if the proposed townhouse conversion would require the payment of additional assessments. Applicant will be required to enter into an FINDINGS AND ORDER OF APPROVAL OF PRELIMINARY PLAT FOR TERRA TOWNHOUSE SUBDIVISION/ JIM HICKS Assessment Agreement with the City of Meridian prior to signature on the final plat map. By action of the City Council at its regular meeting held on November 17, 1998. - ) By: ~~' I ~--- _~ ;"F~6 ERT D. CORRIE Mayor, City of Meridian Copy served upon Applicant, the Planning and Zoning Department and the Public Woyks Department. By: City Clerk ,~~~~~a~1,v~:,~-r}«~~x,r,,~~~~ <L ~~ ~ . ,~ ~ r r M N $L ~ ~ ~ . Dated: ~~~~~ ~~ FINDINGS AND ORDER OF APPROVAL OF PRELIMINARY PLAT FOR TERRA TOWNHOUSE SUBDIVISION/ JIM HICKS ~..~. Meridian City Coui~~~-~1f ~ ~~~ ~ - ~~ .• November 17, 1998 ~ Page 19 Come: Discussion of Council? Rountree:, I have no particular comments, Mr. Mayor, I would move that we approve the preliminary plat for item number four Terra Townhouse Subdivision subject fo staff conditions as indicated in the August 7~', 1998 memorandum to~ the applicant. Bentley:, Second. Cocrie: Motion made by Mr. Rountree .second by Mr. Bentley to approve request for preliminary plat subject to staff conditions as stated in the motion. Any further discussion? Hearing.. none, all those in favor of the motion say aye. MOTION CARRIED:- All ayes. ,, ~TEM NO. 5: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE - ''PERMIT FOR 8 ZERO LOT LINE TOWNHOUSES IN TERRA TOWNHOUSE SUBDIVISION BY JIM HICKS -EAST OF W. 7'~" AND SOUTH OF IDAHO: Corrie: At this time I will open the pubic hearing. Any further comment from staff? Stiles: No further comment; Mayor. Corrie: Since this is apublic hearing; anyone would like to issue testimony in approval of this request for conditional use .permit? You can just say the same thing if you want. I would like for you to come up here because it's a public hearing so they can get it on record. Thank you. Gigray: I can. just ask him to acknowledge that he's still under oath for purposes of this hearing.. Corrie: You dare still under oath~for purposes of this hearing. Your name please. Unger: Yes, sir I understand. Once again my name is Bob Unger with Pinnacle Engineers. We represent the applicant and our address 870 N. Linder Road, Suite B, Meridian, Idaho and we would- just like to go on record as saying we . reiterate what we said on item number four. Rountree: You have seen the Findings of Fact and Conclusions of Law and conditions? Unger: Yes I have. Rountree: You have no questions or concerns? 'Meridian City Counc~ • November 17, 1998 ~. Page 20 Unger: We have no problems with it whatsoever. Rountree: Thank you. Corrie: Is there anyone in the public that would like to issue testimony in opposition to this conditional use permit? Hearing none, Council, I'll entertain a motion for closing the hearing. Bird: Mr. Mayor I move we close the public hearing. Bentley: Second. Corrie: Motion made and second that we close the public hearing. All those in favor of the motion say aye. MOTION CARRIED: All ayes. Corrie: Public hearing is now closed. Discussion from Council? Bentley: I have none. Bird: I have none. Rountree: None. Corrie: I will entertain a motion on the request for conditional use permit. Bentley: Mr. Mayor the. Meridian City Council adopt the Findings of Fact and Conclusions of Law as submitted by Planning and Zoning. Rountree: Second. Corrie: Motion made by Mr. Bentley second by Mr. Rountree to approve the Findings of Fact and Conclusions of Law as submitted by the Planning and Zoning Commission. ROLL CALL VOTE: Bird, yea. Bentley, yea. Rountree, yea. Anderson, yea. MOTION CARRIED: All ayes. Gigray: Mr. Mayor point of procedure for the record can we also would the Council consent that we could prepare the appropriate order granting the conditional use permit for the Mayor's signature as administrial act. What we're proposing to try to do with all these conditional use permits is that we'll do a Meridian Ci Counc~ x • November 17, 1998 Page 21 separate order so that when people need to follow up on them, we don't have to hunt through Findings and everything else. We're going to try to start doing that with your permission, and I just thought I would clarify that. Make sure we're not out of bounds here. Bentley: That was my next question. Corrie: Do we need a separate motion to that affect? Gigray: I think the -was it Councilman Rountree that made the motion. Rountree: Mr. Bentley. Bentley: Yes, that would be fine with me. Mr. Mayor, Mr. Gigray in the future do we just incorporate this all in one motion? Gigray: I have this little handout here was just designed to be a little aid in that .regard and these as a matter of follow up would just authorize the Mayor to do it because under the open meeting law, we have a provision that ministral acts are not required to be done in an open meeting. I think we can take advantage of that provision and if you make a specific directive in the motion, I think it clarifies that that's going to happen. I've been involved in hearings where Findings have been issued by person that we're done in an open meeting or wasn't even given authority to do it. I think it raises an issue, but I think if it's part of the motion it clarifies it completely and I think for follow up and code enforcement and whatever, it's going to be a lot easier to just have a separate order on the permit. And we can just have the Mayor sign it without having to fuss with coming back here again. Bentley: My question being on -you list four steps. Do you want all four steps to be included in the motion? Gigray: I think I would appreciate it, but I mean that's what I would propose we do. Bentley: Okay thank you. Corrie: I guess I need clarification Mr. Gigray. Do we need-the decision and recommendation now? Or is that just part of the,-- Gigray: Well that's what you are actually doing, because you're adopting Findings and Conclusions Order, of Decision. That's what you are doing and that's what that motion that was already passed did was part one. Corrie: We'll get the hang of this City Council - Meridian City Counc~ November 17, 1998 Page 22 Bentley: So you need a motion on the decision since we didn't incorporate that. Gigray: I think at some point when you are comfortable with this. If you are you can start making these motions like this. If you want to start now, that's going to be a .matter of your own decision. Rountree: Mr. Mayor this is all a new learning experience for us with new legal counsel and we are changing history or we are setting new precedence for the City Council. The last Findings of Fact and Conclusions of Law that we dealt with were actually Findings of Fact and Conclusions of Law and Order of Decision and we made motions as it related to that. This particular Findings and Facts is consistent with the procedure and format that we are accustomed to from-past practices and from the previous attorney. I guess that's getting a little confused. We have this format and the last time we had a different format. I fully appreciate your help and direction on this, but it would help us from stumbling along I think if at least the format of the documents would come durressed and then the motion -the motion in fact would have been motion for Findings of Fact and Conclusions of Law and Order of Decision. Historically we've done two motions to get that accomplished and what we're talking about now is-one motion to accomplish several things. So we're all learning and we'll figure this out, but I can see Glenn's confusion because I wasn't sure where we were going either. Bear with us. We're' going through a process that is new to all of us. Bentley: Mr. Mayor and also we're working off the old style, trying to incorporate the new style. So when we get P & Z up to the same spot then everything will flow together. So do we need any more motions on this? Just to clean it up. Bird: We need a decision and recommendation. Bentley: Okay let's do this. Mr. Mayor, (would- make a motion that - I don't . know. That the City Attorney prepare the appropriate permit and order and confirmation with this decision that the Mayor be empowered to sign the same administrial act as necessary to carry out this decision and that the City Clerk serve a copy of the Findings of Fact and Conclusions of Law and Order of Decision and the permit order upon the applicant and the Planning and Zoning Director and any interested party requesting notice of decision: Bird: Second. Corrie: Motion made by Mr. Bentley and second by Mr. Bird. Any further discussion on the motion on the floor? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: All ayes. • ~ ,-,• ~~ MERIDIAN CITY COUNCIL MEETING: NOVEMBER 17, 1998 APPLICANT: JIM HICKS ~ ITEM NUMBER: 5 REQUEST: CONDITIONAL USE PERMIT FOR TERRA TOWNHOUSE SUBDMSION AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES FROM P & ~ CITY~ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: ~ ~.~ ~-~L~~ ~~~I~~ ~L~ ~'~ CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: °~ SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. lI -r 3-98 Cc~e~ C3~b CLn~@2. ,,. . MERIDIAN PLANP~G AND ZONING COMMISSION IV~T'ING OCTOBER 13, 1998 PAGE 5 Unger: As reviewed in your minutes of August 31st, we presented this application to the commission at that time, I know you have a lot of things on the agenda. Nothing has changed, we reviewed the conditions of approval that are recommended by staff. Just very briefly once again these are two existing four plexes that we are proposing to turn into townhouses, zero lot line townhouses. Once again, I'd like to say that they are existing, we have existing services. We will -have to do some individual .metering which we've agreed to do and it is part of the conditions of approval. We do have common area that is, we have some grassy area for use of the property owners and then the gray is the existing concrete parking sidewalks, patios and like I said, we have no problems at all with conditions of approval and request your recommendation for approval to the City Council. Borup: No questions. De Weerd: No questions. Smith: No questions. Nelson: I have no questions. Borup: We've already gone through- all this once. I think the reason it's here is because findings weren't prepared at the last meeting. Is that correct? MacCoy: Yes. (Inaudible) Borup: Mr. Chairman, I think staff may have a comment MacCoy: Okay, staff? Stiles: Chairman MacCoy, commissioners, the reason this item was tabled last time was because the findings weren't prepared. The motion was you wanted to wait till you could act on the conditional use permit findings, prior to acting ~on the preliminary plat, so this is not a public hearing. You should be able to-act on the findings and the plat without additional testimony. MacCoy: You can sit down now, we'll take care of the rest of the business now. Moving on to item-holding on to item number one presently till we get to item two, which is the findings of fact and conclusions of law. ITEM NO. 2: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR' CONDITIONAL USE PERMIT~R 8 ZERO LOT LINE TOWNHOUSES IN TERRA TOWNHOUSE_SUBDIVISION BY JIM HICKS -EAST OF W. T~" AND SOUTH OF IDAHO: MERIDIAN PLAN~G AND ZONING COMMISSION 11~TING OCTOBER 13, 1998 PAGE 6 Smith: Mr. Chairman, 1 would like to make a motion that Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions of Law. Borup: Second. MacCoy: I think this is going to be a roll call vote. Alright since we're on item two-that's what I've got right here, it's right on my sheet. ROLL CALL: Borup -yea, Smith -aye, De Weerd -yea, Nelson -yea. MacCoy: All ayes, what's the decision? Smith:. Mr. Chairman, the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit for the uses set forth within these Findings of Fact and Conclusions of Law as requested by the applicant for the property described in the application with the conditions set forth within these Findings of Fact and Conclusions of Law and any other conditions required by the Meridian City Council. Borup: Second. MacCoy: All in favor? MOTION CARRIED: All ayes. {TEM NO. 1: REQUEST FOR PRELIMINARY_P_LAT FOR.PROPOSED TERRA ~TOWNHOUSE:SUBDIVISION BY JIM HICKS -EAST OF W. 7T" AND SOUTH OF-IDAHO: MacCoy: Going back to item one, which is the preliminary plat. Having passed the Findings of Fact and Conclusions of Law, what is your direction on that? Borup: Mr. Chairman.)-move that we recommend City Council approval of this preliminary plat. Nelson: Second. MacCoy: All in favor? MOTION CARRIED: All ayes. MacCoy: Number one is approved also. ,. BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION IN THE MATTER OF THE APPLICATION ) , OF JIM HICKS, EAST OF W. 7T" AND SOUTH) FINDINGS OF FACT AND OF IDAHO, THE APPLICATION FOR )CONCLUSIONS OF LAW AND CONDITIONAL USE PERMIT FOR 8 ZERO )RECOMMENDATION TO CITY -~ LOT LINE TOWNHOUSES, LOTS 2 AND 3, ) COUNCIL BLOCK 2, TERRA SUBDIVISION, MERIDIAN, ) IDAHO ) The above entitled conditional use permit application having come on for public hearing on August 11, 1998 and August 31, 1998, at the hour of 7:00 o'clock p.m., on said date at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and'written testimony and the Applicant appearing in person, and having duly considered the matter, the Planning and Zoning Commission makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearings scheduled for August 11, 1998 and August 31, 1998, before the Planning and Zoning Commission, the first publication appearing and written notice having been mailed to property owners or purchasers of record within 300 feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearings and with the notice of public hearing having been posted upon the property under consideration more than one FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 CONDITIONAL USE PERMIT - JIM HICKS ZERO LOT LINE IN AN R-15 • week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the Planning and Zoning Commission at the August 11, 1998 and September 31, 1998 public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and §11-2-416E and 418E as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. The property is located within the City of Meridian; that the general location of the property is East of W. 7'h and South of Idaho, Meridian, Idaho, and described in the application which description is incorporated herein. 4. The applicant is the record owner of the property and has filed a written request fora conditional use permit. 5. The Meridian Planning and Zoning Commission takes judicial notice of its Zoning, Subdivisions and Development Ordinances codified at Title 11, Municipal Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, adopted December 21, 1993, Ord. No. 629-Jan. 4, 1994 and Maps and the Ordinance establishing the impact Area:Boundary. 6. The` subject property is currently zoned (R-15), Medium High Density FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 CONDITIONAL USE PERMIT - JIM HICKS ZERO LOT LINE IN AN R-15 • • Residential District: The zoning of the Medium Density Residential District (R-15) is a defined within the City of Meridian Zoning and Development Ordinance, Section 1:1-2- 4086(5). 7. The proposed application- requests a conditional use permit for the subject property subdivision of two existing four plexes into eight (8) zero lot line townhouses. The R-15 zoning designation within the City of Meridian Zoning and Development Ordinance requires that a conditional use permit be obtained for most uses including the request by the applicant: (Meridian City Zoning and Development Ord., Section 11-2- 409). 8. The applicant testified at the public hearings that the particular characteristics of the subject property make the proposed conditional use desirable. 9. The applicant has agreed to pay any additional sewer, water or trash fees or charges, if any associated with the use. 10. The Assistant to the City Engineer, Bruce Freckleton, and the Meridian Planning and Zoning Administrator, Shari Stiles, have submitted comments, by and through a Memorandum dated August 7, 1998, and by and through testimony during the public hearings on this matter: Such report and comments are hereby incorporated herein. 11, The- Meridian City Police Department, the Nampa & Meridian Irrigation District, the Ada County Highway District, and the Meridian Fire Department submitted comments which are also hereby incorporated herein. 12. The use proposed within the subject application will in fact, constitute a FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 CONDITIONAL USE PERMIT - JIM HICKS ZERO LOT LINE IN AN R-15 conditional use as determined by City Policy. - 13. The proposed use within the subject application will be harmonious with d and in accordance with the Comprehensive Plan in this Ordinance. 14. The use proposed within the subject application will be operated and maintained to be harmonious and appropriate in appearance or attended character within the general vicinity and that such use will not change the essential character of the same area. 15. Thee use proposed within the subject application will not be hazardous or disturbing to existing:or future neighboring uses. 16. The use proposed within the subject application will be served adequately by central public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal,. water, and sewer. 17. The use proposed within the subject application will not create excessive additional requirements at public costs, for public facilities and services, and will not be detrimental to the economic welfare of the community. 18. The uses proposed within the subject application will not involve uses, ` activities, processes,. materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare- by reason of excessive production of traffic,,,noise, smoke, fumes, glare or odors. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 CONDITIONAL USE PERMIT - JIM HICKS ZERO LOT LINE IN AN R-15 "Local ryLand Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian Planning and Zoning Commission may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Title XI, Chapter I, Municipal- Code of the City of Meridian. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. To occupy and use real property which is designated and zoned as Medium High Density Residential (R-15) District within the City of Meridian for zero lot line townhouses requires approval by the Commission as provided for under the City of Meridian Zoning and Development Ordinance, 11-2-409. 5. The Commission has the duty and -responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding but the following standards are met (Section 11-2-418, City of Meridian Zoning and Development Ord.): a. Will, in fact, constitute a conditional use as determined by City policy FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 CONDITIONAL USE PERMIT - JIM HICKS ZERO LOT LINE. IN AN R-15 • b. Will be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the .existing or intended character of the general vicinity .and that such use will not change the essential character of the same area; d. Will not be hazardous or disturbing to existing or future neighboring uses; e. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; f. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. Wifl have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; and i. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 6. Prior to granting a conditional use` permit in a Medium High Density Residential (R-15) District, one (1) public hearing- shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300'). of the external boundaries of the land under consideration for conditional use permit all in accordance with the provisions of Section 11-2-418(e) City of Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 CONDITIONAL USE PERMIT - JIM HICKS ZERO LOT LINE IN AN R-15 • Zoning and Development Ordinance. 7. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to .the Meridian City Council with supportive reasons. The Commission shall `recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. "(Section 2-418(f), City of Meridian Zoning and Development Ordinance.) 8. When the Commission approves a conditional use permit it may impose conditions of that approval that reasonably: a. Minimize adverse impact on other development; b. Control the sequence and timing of development;. c. Control the duration of development; d. Assure that the development is maintained property; e. Designate the exact location and nature of the development; f. Require the provision for on-site public facilities or services; and g. Require more restrictive standards than those generally required, in this Ordinance. 9. Having made the afore stated.Findings of Fact and Conclusions of Law, the City of Meridian Planning and Zoning Commission hereby approves the proposed application for a conditional use permit for the uses set forth hereinabove with the following conditions: FINDINGS OF FACT AND CONCLUSIONS OF LAW - ~ Page 7 CONDITIONAL USE PERMIT - JIM HICKS ZERO LOT LINE IN AN R-15 a. It is provided that all requested conditions, set forth within the memorandum of Bruce Freckleton, the Assistant to the Meridian City Engineer, and Shari Stiles, the Meridian Planning and Zoning Administrator, dated August 6, 1998 be complied with. b. All comments and conditions set forth by the Meridian City Police, Fire District, .Ada County Highway District, and Nampa & Meridian Irrigation District must be complied with. 10. The above conditions are concluded. to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 11. It is hereby recommended by the Meridian Planning and Zoning Commission that should be applicant meet the afore stated conditions that the requested conditional use permit for the uses set forth hereinabove be granted by the Meridian City Council to the applicant. FINDINGS OF FACT AND CONCLUSIONS•OF LAW - Page 8 CONDITIONAL USE PERMIT - JIM HICKS ZERO LOT LINE IN AN R-15 • APPROVAL`OF FINDINGS OF FACT AND CONCLUSIONS OF LAW The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions and Law. ROLL CALL COMMISSIONER BORUP VOTED e _ COMMISSIONER SMITH VOTED COMMISSIONER DEWEERD VOTED COMMISSIONER NELSON VOTED _~er CHAIRMAN MALCOLM MACCOY (TIE BREAKER) VOTED DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit for the uses set forth within these Findings of Fact and Conclusions of Law as requested by the applicant for the property described in the application with the conditions set forth within these Findings of Fact and Conclusions of Law, and any other conditions required by the Meridian City Council. ' ~ MOT10N: APPROVED:----~~~. 100998-Final C~Q~ DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 CONDITIONAL USE PERMIT - JIM HICKS ZERO LOT LINE IN AN R-15 . • ii APPROVAL .OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions of Law on this l~ ~ day of /~ ~~'e~ 1998. ROLL CALL COUNCILMAN BIRD COUNCILMAN BENTLEY COUNCILMAN ROUNTREE COUNCILMAN ANDERSON .MAYOR CORRIE (TIE, BREAKER) (INITIAL) APPROVE RECENED N O U 1 7 1998 CITY OF MERIDIAN VOTED_ ~~ VOTED VOTED VOTED VOTED . DISAPPROVED FINDINGS OF FACT AND CONCLUSIONS OF LAW - C~ I ~~':: , MERIDIAN PLANNING & ZONING COMMISSION MEETING: OCTOBER 13, 1998 APPLICANT: JIM HICKS AGENDA ITEM NUMBER: 2 REQUEST: CONDITIONAL USE PERMIT FOR 8 ZERO LOT LINE TOWNHOUSES FOR TERRA TOWNHOUSE SUB. EAST OF W.7TH AND SOUTH OF IDAHO AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: ~' i SETTLERS IRRIGATION: IDAHO POWER: US WEST: COMMENTS SEE ATTACHED MINUTES FROM 9/8/98 SEE ATTACHED FINDINGS ~~~ L.~~ d~ v~ ~' ~7,~ /~ ~ a~~'~ INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Ali Materials presented at public meetings shall become property of the City of Meridian. l ~. MERIDIAN PLANNING~D ZONING COMMISSION MEETING SEPTEMBER 8, 1998 + PAGE 4 ITEM NO. 2: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR 8 ZERO LOT LINE TOWNHOUSES IN TERRA TOWNHOUSE SUBDIVISION BY JIM HICKS -EAST OF W. 7T" AND SOUTH OF IDAHO. MacCoy: Since that's a finding, we have no findings. De Weerd: To table? Okay, Mr. Chairman, I would like to move to table the Findings of Fact and Conclusions of Law for Terra Townhouse Subdivision till October 13tH MacCoy: Do 1 hear a second? Borup: Second. .MacCoy: Any discussions? All in favor? MOTION- CARRIED: All ayes. ITEM NO. 3: FINDINGS OF FACT AND CONCLUSIONS OF LAW REQUEST FOR CONDITIONAL USE PERMIT FOR OUTSIDE SEATING FOR STARBUCK'S BY SUE GENTY -1742 E. FAIRVIEW AVENUE: De Weerd: Mr. Chairman, I would like to move that the Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. Borup: Second. MacCoy: Roll call. Commissioner Borup? Borup: Aye. MacCoy: Commissioner-Smith is absent. Commissioner De Weerd? De Weerd: Aye. MacCoy: Commissioner Nelson? Nelson: Aye. MacCoy::Any discussions at this point? I guess none. Recommendation? De Weerd: Mr. Chairman, the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional- use permit for outside seating with the conditions set. forth in the MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 4 ITEM NO. 2`+ FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR'CONDITIONAL USE PERMIT FOR 8 ZERO LOT LINE TOWNHOUSES IN TERRA.TOWN_HOUSE SUBDIVISI N BY JIM HICKS -EAST OF W. 7T" AND SOUTH OF IDAHO. MacCoy: Since that's a finding, we have no findings. De Weerd: To table? Okay, Mr. Chairman, I-would like to move to table the Findings of-Fact and Conclusions of Law for Terra Townhouse Subdivision till October 13tH MacCoy: Do I hear a second? Borup: Second. MacCoy: Any discussions? All in favor? MOTION CARRIED: All ayes. ITEM NO. 3: FINDINGS OF FACT AND CONCLUSIONS OF LAW REQUEST FOR CONDITIONAL USE PERMIT FOR OUTSIDE SEATING FOR STARBUCK'S BY SUE GENTY - 1742 E. FAIRVIEW AVENUE: De Weerd: Mr. Chairman, I would like to move that the Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. Borup: Second. MacCoy: Roll call. Commissioner Borup? Borup: Aye. MacCoy: Commissioner Smith is absent. Commissioner De Weerd? De Weerd: Aye. MacCoy: Gommissioner Nelson? Nelson: Aye. MacCoy: Any discussions at this point? I guess none. Recommendation? De Weerd: Mr. Chairman, the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit for outside seating with the conditions set forth in the TJ .~..:«.. ~.a• MERIDIAN PLANNING AND ZONING MEETING: September 8, '(j998 APPLICANT: JIM HICKS ITEM NUMBER: 2 REQUEST: CONDITIONAL USE PERMIT FOR TERRA TOWNHOUSE SUBDMSION AGENCY ~ COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORN EY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: SEE ATTACHED MINUTES 08/31/98 SEE ATTACHED MEMO SEE ATTACHED COMMENTS ~ ~ I" " I~ oQ ~k~ ~~'~ ~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. fig'-(-''1~7(~a ~'b _~ ~~ Irti~ ~ d-~.c~.,-~.$ Y~ZQ~'~ ~k-e~ ~ L-:z~~d~ Q~ ~a~o`~~.:-lam ~~• ~`~ . a ~ MERIDIAN PLANNIN~ ZONING COMMISSION SPECIAL MI~NNG AUGUST 31, 1998 PAGE 23 MacCoy: You are correct. I don't know why we continue to have this problem. Alright taking item 5 first before item 4 the way it's been listed in the agenda, they are both public hearings. ITEM NO. 5: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR.B,ZERO.LOT_LINETQWNHOUSES IN TERRA TOWNHOUSE SUBDIVISION,BY JIM HICKS'-EAST OF W 7T" AND SOUTH OF IDAHO: MacCoy: Is the applicant here this evening? BOB UNGER, 870 N. CINDER ROAD SUITE B, MERIDIAN, ID. WAS SWORN IN BY ASSISTANT CITY ATTORNEY. Prior: Sir, just to expedite matters, if you would like, you could talk about the conditional use permit and when the time comes up for the preliminary plat, rather than adding any additional information if you would just like to request that it be incorporated into your testimony as part of the preliminary plat. You could do it all under one shot then and we could save a little time if you would like. Unger: That's fine and I do request that. Prior: You can do it at the time when we open on the preliminary plat. Thank you. Unger: Mr. Chairman, commissioners, I will try to make this short. First of all, we have received approval from Ada County engineer for the name which would be O'Hara Townhouse Subdivision, instead of Terra. This project is an existing, there is two existing four-plexes with car ports and storage sheds. What we're requesting is to take the four-plexes and subdivide them into zero lot line townhouses. The zoning on the property is currently R-15 and we're not asking for any change to that. Why the-our client is asking to do this is of course, to be able to see the individual townhouses. We currently have existing services to the site and to the units. One of the conditions of approval will require that we do have individual utilities including sewer and water.. That will be accomplished as part of our construction on the area. Land uses in the area are apartments and duplexes and apartments and the zoning in the area is R-15. It's kind of small, you could see the area over here. Lot number nine is a common lot for the homeowners and it's for their use and also they would be maintaining it and we have provided covenants for the use and maintenance which was in you're packets. The areas that we have in gray are sidewalks and the driveway parking areas. The green is all lawn and landscaping. This is all existing. We are- also required to provide a per ACHD to provide a cross access agreement and that is being provided for use of the driveway in the parking areas. Since this is an existing facility, :there will be no new impact on the surrounding area, streets or services. We feel that since the individual units will be under individual ownership, there probably be less impact on the area, as far as maintenance of ` ` + ' MERIDIAN PL ZONING COMMISSION SPECIAL M~NG AUGUST 31, 1998 ``~~ PAGE 24 the units exterior and the landscaping and the general appearance of the units. We have reviewed all the comments from the staff and we have no problem with. complying with the comments and conditions that they have offered. We did follow up with a letter discussing the compliance with their conditions of terms and I think we've responded to all of their concerns and have met all the requirements. We ask for your recommendation for approval. MacCoy: Commissioners? Borup: Mr. Chairman, the only question I have is, the temporary turn around is not there is it? Unger: The temporary turn around is not constructed, never was constructed. The easement does exist and that's why we have shown that on the plat. Borup: Yes, I drove by and didn't see that. Are you aware of anything happening to the property to the west? Unger: I'm not aware of anything going on. Borup: So nothing on continuing the road or anything? Unger: No, we're not aware of anything. Borup: i don't think have any other questions, only notes I had were just respond in writing "and you've done that and that's the copy we've got. That's all I have Mr. Chairman. MacCoy: Commissioner De Weerd? De Weerd: No, I don't have any. MacCoy: Commissioner Nelson? Nelson: I have no questions. MacCoy:. Okay, do you want to sit down and we'll invite this as open public hearing. Is anyone here that would like to comment on this structure? Pretty quite house tonight. Then I'll close the public hearing and Commissioners, what is your desire? Nelson: Mr. Chairman, I would like to make a motion that we prepare a Findings of Fact and Conclusions of Law for this item. MacCoy: Is there a second to that? '' ~ ~ MERIDIAN PLANN~ ZONING COMMISSION SPECIAL G AUGUST 31, 1998 PAGE 25 Borup: Second. MacCoy: Any discussion? De Weerd: Well, I think I would like to ask staff if they have any comments please. Freckleton: Commissioner De Weerd, members of the commission, I don't have anything above or beyond on what I had on my written comments. De Weerd: Have those been answered by their response? Freckleton: Yes they have. De Weerd: I have no further. MacCoy: Any other discussion? All in favor then? MOTION CARRIED: All ayes. ITEM N0.4: PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR PROPOSED TERRA TOWNHOUSE SUBDIVISION BY JIM HICKS -EAST OF W 7T" AND SOUTH OF IDAHO: BOB UNGER, 870 N. CINDER ROAD SUITE B, MERIDIAN, ID. WAS SWORN IN BY THE ASSISTANT CITY ATTORNEY. Unger: I request that my testimony on item number five be carried over to item number four. De Weerd: I guess I would have one comment for Mr. Unger. In our process, we first order findings on the conditional use permit and we continue the preliminary plat until those findings come back and then we vote on those at the same time. Prior: Or you can table the preliminary plat if you would like. De Weerd: Okay, so I just wanted you to be aware of the process. Unger: I thank you, I have never been before this commission before, this is a new process for me so. (Inaudible) you'll end up tabling this and then it will come back in the meeting in October, is that correct? MacCoy: Right. De Weerd: Yes. • ~ i -.. -,, •' • Memo To: Chairman Malcom MacCoy Commissioner Borup Commissioner Smith Commissioner DeWeerd Commissioner Nelson City Clerk's Office From: William F. Gigray, III ~ ~~ City Attorney for Meridian Date: September 3, 1998 Re: Terra Townhouse Subdivision CUP, Tina Carrico CUP, Mel A. Lacy -CUP, and Troutner Business Park Miscellaneous Application To Amend City Ordinance, Findings of Fact and Conclusions of Law, and the Development Agreement Gentlemen: To advise you of the above items and the Commissions request to have Findings prepared, it is our intention to work on these four projects at the same time for the Commissions consideration for the October 13~' meeting. Due to the fact Monday is a holiday and a shortened week, and along with other projects in process within the Legal, Department this estimated date is the most reasonable date we can provide you. We appreciate your patience in this matter. • Page 1 • ~c~n~ SUSAN S. EASTLAKE, President GARY E. RICHARDSON, Vice President SHERRY R. HUGER, Secretary j~EcErv~D SEP - 2 1998 CITY OF 1'IERIDIAN August 20, 1998 TO: Jim Hicks 812 E Martinique Meridian, ID 83642 FROM: Steve Arnold, Senior Analyst Planning & Development Divisi SUBJECT: Preliminary Plat-Terra Townhouse/MPP- Idaho Avenue, e/o 7th Street f~ 8/MCU-22-98 On August 19, 1998, the Commissioners of the Ada County Highway District (hereafter called "District") took action on the Preliminary Plat as stated on the attached staff report. In order that the Final Plat maybe considered by the District for acceptance, the Developer shall cause the following applicable standard conditions to be satisfied prior to District certification and endorsement: Drainage plans shall be submitted and subject to review and approval by the District. 2. If public street improvements are required: Prior to any .construction within the existing or proposed public right-of--way, the following shall be submitted and subject to review and. approval by the District: a. Three complete sets of detailed street construction drawings prepared by an Idaho Registered Professional Engineer, together with payment of plan review fee. b. Execute and Inspection Agreement between the Developer and'the District together with initial payment deposit for inspection and/or testing services. Complete all street improvements to the satisfaction of the District, or execute Surety Agreement between the Developer and the District to guarantee the completion of construction of all street improvements. ada county highway district 318 East 37th • Boise, Idaho 83714-6499 Phone f208) 387-b100 • FAX (208) 345-7650 • E-mail: tellusQachd.ada.id.us August 20, 1998 Page 2 • 3. Furnish copy of Final Plat showing street names as approved by the Local Government Agency having such authority ~ge~ with payment of fee charged for the manufacturing and installation of all street signs, as required. 4. If Public Rights-of--Way Trust Fund deposit is required, make deposit to the District in the form of cash or cashier's check for the amount specified by the District. a 5. Furnish easements, agreements, and all other datum or documents as required by the District. 6. Furnish Final Plat drawings for District acceptance, certifications, and endorsement. The final plat must contain the signed endorsement. The final plat ~` must contain the signed endorsement of the Owner's and Land Surveyor's certification. 7. Approval of the plat is valid for one year. An extension of one year will be ~ considered by the Commission if requested within 15-days prior to the expiration date. it Please contact me at 387-6170, should you have any questions. SA ~, ~- cc: Plan & Dev Svcs/Chron Sohn Edney Chuck Rinaldi City of Meridian ' Pinnacle Engineers, Inc. (Bob Unger) +. ~, s ~' • ADA COUNTY HIGHWAY DISTRICT ,~ Planning and Development Division Development Application Report ,~ Preliminary Plat -Terra Townhouse Idaho Avenue e/o 7th Street Terra Townhouse is an 8-lot residential subdivision on 0.44-acres. The applicant is subdividing property that has two existing apartment buildings on the site. The applicant wishes to subdivide the property so that individual ownership of the apartment units would be possible. The site is located on the south side of Idaho Avenue, approximately 200-feet east of W. 7th Street. This development is not estimated to generate any additional vehicle trips per day, however, there is an estimated 80 vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. ~. Roads impacted by this development: Idaho Avenue ACRD Commission Date -August 19, 1998 - 12:00 p.m. t 7 a • N 1" = 300' • I ~ L= ~ L _ ~ ~ 5G~ 1 ~ ~ t E~'~ n._ i li - ~e at ~ r- ~ ~ ~ o J I Q ~ ~r \ ;~ - _ ~ i i ~ ~ i ~`i` r _ ~ - ~ a a ~ ~ ~ { I I I ~ I ~- is a~ o- I n ~ i'~ I R 7 IS ~ i r ~ E r _ ~ ~ ~ IC I ,i J I ~_ .._ --.._ __ _L _ J ~i I-L I-L TERRA TOWNHOUSE SUBDIVISION • aa. + •^.. • ~... r -a~ii •rsoo•tj]~zg ~Z~~~~Id y d -1 d l~ 7=! 'eY N I V V I '-1 b b d NOISInl48f15 35f10HNM01 'dzizi3l 0 d e s7 :, ~ -_ - ~i e 3 j Y e= I ~ c".. r c r- ;. e z5 ~ - a a N v c d VI Zoo 'ae w i~ J L~= c ° a ~ ~ ~ O a a F ~ ^ C a ~, ~~ (c G° y` ' t1 i~o V • U W Nr 7739 0 r ~~ ¢ V ¢ l/ Y3~~ J Y3 W~? p ~ Q aai ei µ S S 7 yt ~ Y Li O N 1 ~ = !~ C: i . ~ ~ w ~4 s p Y 4 O EC~ ~ ~ < 0 o Y Y U 7 ~ W i 4 C C 9~0~ N N x 1/1 ~ p 7:,~ 4 e O e: 3 U7 U , f _, ~ rr -k~ 0.w.. s k ~F""°. a o .;~g ~'~--- z z ~4= `^i ~ oy;Y ~ s I ~ ~ S ~ ~ ~ W E--' 0. 0. s ~~ 0~0 g ~ ~ $ ~ ; ~ 9 p g ? `¢ ~ 5 ~ ~ ' ~ y ~ ~ ~ 4 w ;'~ ~ ~$ pr ~ ~~ II t S x ~ 1' ~ ~~ ~ 3 ~~~~ ~ ~ gg p F ~ H ~ ! ~ A ~ p E ~ ~ ~ 69 fi ~ g 5 e ~ W aoo~a. a...al~®.ao~, o • N ~\. ~ l1\ J J W ~:=~5~ ~ ~ ~ £ 3~ e ~ l ~ ~ ~ ~ ~ ~ ~ ~~a~~$~ ~ ~ n ~ F F' : sa~s~ ~ ~ ~$~s~~~2 ~ ~ n~~.~~. ~~~~e9r= 1.~ e~ g ~~ t1 ~ \ s ~~~~~a~ g g 3~~~€~ ~ e ~~~~$s~~ g „ea ~S~ %a ~~ ¢eSS ~ 2E~ Y •~ vc 5 ~4 ~3S.S6t~_I ~ ~ _ ` ~ ~ I I ~ i ~ ~ ~ ~ ~~ f ~ ~~ ~ ~~ 8 I I ~ ~~ ~ i ~„~ iii tq e• o . • . +tG ; , ~ ;,, ~_~ 0~ Cft l ~ g s.~x~~ ya°q~~g~ ~ ` X i S ~ i i I I ~ ~ ~ I ~ 1 11 ~ a a~X26,~y~ ~ p B~~Y~9~~ ~ ~ 9 Y_~2L.: r w2 :Y1 ~ 1 1 i ~~i ~~ i .~ i ~' • • f Facts and Findings: ~A. General Information Owner -Accent Homes L.L.C. ~' Applicant -Jim Hicks R-15 -Existing zoning 0.44 -Acres 8 -Townhouse lots n/a -Square feet of existing building 271 -Traffic Analysis Zone (TAZ) ' West Ada -Impact Fee Benefit Zone ~° Western Cities -Impact Fee Assessment District Idaho Street Local street with no bike lane designation No traffic count available ~" 132-feet of frontage ' 60-feet existing right-of--way (30-feet from centerline) No additional right-of--way required .Idaho Street is improved with a 37-foot street section with curb, gutter and sidewalk. B. Utility street cuts in new pavement less than five years old are not allowed unless approved in t writing by the District. Contact Construction Services at 387-6280 (with file numbers) for ~ details. C. The applicant is subdividing property that has two existing apartment buildings on the site. The applicant wishes to subdivide the property so that individual ownership of the apartment units ' would be possible. Approximately 30-feet south of the back of curb of Idaho Street ar`e parking garages for the site. The parking garages access Idaho Street via an existing undefined driveway for the entire frontage of the site. Normally; staff would recommend that the applicant be required to locate driveways on Idaho Street a minimum of S-feet from the property lines, however, this will not be possible due to the existing parking facility and the proposed configuration of the lots. Staff recommends that the existing undefined driveway be approved. D. Lot 9, Block 1 is a common lot where the parking facility is located. All lots within the subdivision will be using Lot 9, Block 1, to access Idaho Street. Therefore, staff recommends that the applicant should be required to provide a recorded cross access between Lot 9, Block 1, { and all other lots within the subdivision to be used for access to the public street prior to ACHD i` approval of the final plat. E. Idaho Avenue currently terminates at the site's east property line. When Terra Subdivision was approved on Apri126, 1979, the applicant was required to provide a temporary easement for a TERRATWN.COM Page 2 a P • turnaround at the terminus of Idaho Street. The easement was noted on the final plat for Terra ~` Subdivision. I 'F. As required by District policy, restrictions on the width, number and locations of driveways, may be placed on future development of this parcel. ~. G. The existing transportation system will be adequate to accommodate the additional traffic generated by this proposed development with the requirements outlined within this report. ~~ The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACHD approval of the final plat: 4 Site Specific Requirements: 1. Provide a recorded cross access between Lot 9, Block 1, and all other lots within the subdivision to be used for access to the public street prior to ACHD approval of the final plat. Standard Requirements: 1'. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall~necificall, id n i ~ each regl~irement to be reconsidered and include a written ex lan ion of why such a re4uirement would result in a substantial hardshi op r inequ~y. The written request shall be submitted to the District no later than 9.00 a m on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action ' do not provide sufficient time- for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those ' items will be acted on by the Commission unless removed from the agenda by the Commission. ~, 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within two weeks of the action and shall include a minimum fee of $110.00. Thy r~~~~est for reconsideration shall ifi al y id n i each requirement to be recon idered nd include written documentation of data that was not available to the Commission at the time of its original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees .are required prior to building construction in ac~o~dance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. a TERRATWN. COM Page 3 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. ,~ 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. t" 7. 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 i representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 8. Any change by the applicant in the planned use of the property which is the subject of this ~ application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Conclusion of Law: 1. ACRD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. "~ Snhmitted b~; Date ^f ("'nmmiCCi(ln Action: s TERRATWN.COM Page 4 L !§ ~ ~~ i „MERIDIAN PLANNING AND ZONING MEETING: August 31 1998 _ ' APPLICANT: JIM HICKS ~ ITEM NUMBER: 5 REQUEST: CONDITIONAL USE PERMIT FOR TERRA TOWNHOUSE SUBDMSION ~ AGENCY COMMENTS CITY CLERK: NO NEW INFORMATION CITY ENGINEER: CITY PLANNING DIRECTOR: "CITY ATTORNEY: CITY POLICE DEPT: } -CITY FIRE DEPT: ;. CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: k MERIDIAN POST OFFICE: • ADA COUNTY HIGHWAY DISTRICT: ~ n ~; ~ ~ %~ ADA COUNTY STREET NAME COMMITTEE: (~ CENTRAL DISTRICT HEALTH: ' NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: i, INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: ~ ~~, + ~° ~r ~~p ~~ (1TI-I FR All Materials presented at public meetings shall become property of the City of Meridian. - - ~ • • ' MERIDIAN PLANNING 8~ ZONINGaCOMMISSION MEETING: AUGUST T1, 1998. f APPLICANT: JIM HICKS AGENDA IYEM NUMBER: 13 r REQUEST: CONDITIONAL USE PERMIT FOR 8 ZERO LOT LINE TOWNHOUSES AGENCY CITY CLERK: t. CITY ENGINEER: CITY PLANNING DIRECTOR: ~, CITY ATTORNEY: CITY POLICE DEPT: { CITY FIRE DEPT: ~ CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: i,~ MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: ~ NAMPA MERIDIAN IRRIGATION: ~ SETTLERS IRRIGATION: IDAHO POWER: ~ US WEST: INTERMOUNTAIN GAS: COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS e . REVIEWED SEE ATTACHED COMMENTS i~ ~ i sy ~~3 ~ BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. ~~ ~` Mayor I ROBERT D. CORRIE +` Council Members CHARLESROUNTREE ( GLENN BENTLEY RON ANDERSON KEITH B[RD • HUB OF TREASURE VALLEY • A Good Place to Live LEGAL DEPARTMENT (208)884-4264 CITY OF MERIDIAN ~ PUBLIC WORKS 33 EAST IDAHO BUILDING DEPARTMENT MERIDIAN, IDAHO 83642 (2ag~ 887-22 ~ I ar~v Ar-r Phone (208) 888-4433 • Fax (208) 887-;~ ~~~~LANNING AND ZONING DEPARTMENT J U L 2 2 1998 (208) 884-5533 (;~~$ ~ .`'~' MERIDIAN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE`CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian r Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: August 4, 1998 r TRANSMITTAL DATE: July 20, 1998 HEARING DATE: Auuust 11, 1998 REQUEST: CONDITIONAL USE PERMIT FOR 8 ZERO LOT LINE TOWNHOUSES BY: JIM HICKS LOCATION OF PROPERTY OR PROJECT: EAST OF W. 7T" AND SOUTH OF IDAHO ' TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ~ ROBERT CORRIE, MAYOR. RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C -GLENN BENTLEY, C/C + -WATER DEPARTMENT -SEWER DEPARTMENT ` -BUILDING DEPARTMENT -FIRE DEPARTMENT -POLICE DEPARTMENT + CITY ATTORNEY +CITY ENGINEER a CITY PLANNER CITY FILES MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RE TION(PRELIM & FINAL YOUR CONCISE REMARKS: R,~CE~D JUL 22 1998 CITY OF MERIDIAN 4- • • HUB OF TREASURE [ALLEY Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT , , (-°g> 884-4.64 CITY OF MERIDIAN Council Members PUBLIC WORKS .CHARLES ROUNTREE 33 EAST IDAHO - 'i~`~T~D BUILDING DEPARTMENT (208) 887-2211 ~ GLENN BENTLEY MERIDIAN, IDAHO 83 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-~ U ~ ~ Q ,~ggg O PLANDEPARTMENONING KEITH BIRD •7 (208) 884-5533 ~~ ~° ~I' :~-MERIDIAN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS r WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 8~ Zoning Commission, please submit your comments and recommendations r to Meridian City Hall, Attn: Will Berg, City Clerk by: August 4, 1998 TRANSMITTAL DATE: July 20, 1998. HEARING DATE: Auuust 11, 1998 REQUEST:'CONDITIONAL USE PERMIT FOR 8 ZERO LOT LINE TOWNHOUSES BY: JIM HICKS LOCATION OF PROPERTY OR PROJECT: EAST OF W. 7T" AND SOUTH OF IDAHO TAMMY DE WEERD, P/Z • MALCOLM MACCOY, P/Z j MARK NELSON, P/Z BYRON SMITH, P!Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR ' RON ANDERSON, C/C CHARLIE ROUNTREE, C/C ~ _KEITH BIRD, C/C GLENN BENTLEY, C/C ~ WATER DEPARTMENT ~ SEWER DEPARTMENT k BUILDING DEPARTMENT _FIRE DEPARTMENT POLICE DEPARTMENT ~ CITY ATTORNEY CITY ENGINEER _CITY PLANNER CITY FILES MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL YOUR CONCISE REMARKS: /' ~ ~ / 6 U _c~7_~ T S Ca3iL C_ y~;2 ..e p / .ri ** TX STATUS REPORT.** DATE TIME TOiFROM 03 08107 13 57 887 7781 • AS OF AUG 07 '98 13 58 PAGE. 01 PUBLIC WORKS MODE MINiSEC PGS CMD# STATUS EC--S 01'11" 003 242 OK 200 E. Carlton St., Suke 100 Meriden, -daho 83642 Phone: (208) 887-2211 Fez (206)887-1297 Fa~c a 1 a Tor Bob Unger From: BrUCe Frt~;ideton Fay 887-7761 Dates August 7, 1998 Phone: 887-7760 Pages: Three w/cover Rs: Terra Townhouse Subdn-ision CC: File ^ Ut+gent O For Re~riew O Please Comment X Please Repty ^ As Request®d •Comments: Attached you wiU find Staff comments for the above mentioned projeci. Plt~e Hate General Comment No. 4, regarding written response. Thanks From the desk of. lttuuce A. PY+ecY7etoa Ass~stt to the city 1~nee Mcridian Public works Department 200 E. Carlton St, Suits 100 Meridian, Idaho 83642-2600 (208} 887-2211 Few (208) 887-1297 a Mayor >' ROBERT D. CORRIE Council Members CHARLES ROUNTREE r ~, GLENN BENTLEY - RON ANDERSON KEITH BIRD f MEMORANDUM: • HUB OF TREASURE VALLEY A Good Place to Live LEGAL DEPARTMENT (208) 884-4264 CITY OF MERIDIAN PUBLIC WORKS 33 EAST IDAHO BUILDING DEPARTMENT MERIDIAN, IDAHO 83642 (2oa) ss~-z2 i I Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING DEPARTMENT (208)884-5533 August 7, 1998 To: Mayor, City Council, Planning & Zoning #~ From: Bruce Freckleton, Assistant to City En ineer ~~ t Shari Stiles, P&Z Administrator ~'- Re: TERRA TOWNHOUSE SUBDIVISION by Accent Homes LLC (Jim Hicks) (Request for Preliminary Plat and Conditional Use Permit Approval) ~ We have reviewed this submittal and offer the following comments, as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: i. GENERAL COMMENTS 1. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells andlor septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Submit letter from the Ada County Street Name Committee,, approving the subdivision and street names. Make any corrections necessary to conform. ~ 4. Respond, in writing, to the each of the comments contained in this memorandum by 12:00 noon Tuesday, August 11, 1998. Submit ten copies of the revised Preliminary Plat Map to the City Clerk's Office a minimum of one week prior to the hearing by the Meridian City Council. Tetra TownhouseSub.CUP-PP i ., Mayor, Council and P&~ 1 August 7, 1998 " Page 2 SITE SPECIFIC COMMENTS 1. Existing single sanitary sewer services to this site will have to be converted to a new private sewer main and service lines to each unit. Applicant will be responsible to construct the private sewer main through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 2. Existing single water services to this site will have to be converted to individual metered ~ services. Applicant will be responsible to construct the water system improvements to and through this proposed development. Subdivision designer to coordinate sizing and ' routing with the Public Works Department. 3. Indicate any existing ditch easements on the preliminary plat map. 4. Does the 90' diameter temporary turnaround easement already exist? If it does not, it d cannot be shown on the plat, particularly since it affects adjacent property which the applicant does not own. ' 5. The Public Works Department will be reviewing the sewer and water assessment records to determine if the proposed townhouse conversion would require the payment of additional assessments. Applicant will be required to enter into an Assessment ' Agreement with the City of Meridian prior to signature on the final plat map. ,, 1 a Terta Townhouse Sub.CUP-PP f 9 ~. 4 Au~ust~1998 Will:Berg, City Clerk. city of Meridian 33 East Idaho Meridian, ID 83642 r ~a & ~ ~~~- R~c~'~D ~' ~ ~ ! ~ ~ AUG 1 0 1998 ITY OF MERIDIAN ~. . -•-vw.'-..~..~~--- 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 _ FAX # 208-463-0092 r Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 I RE: Preliminary Plat~for Proposed Terra Townhouse Subdivision for Jim Hicks. Dear Commissioners : ~ j .., r ~ ~' -`~Sr The Nampa & Mendaan Irngation D~istnct requires that~a Land,, Use Change/Site.Development t application be filed for review pnor to final platting. Contact Donna Moore at 46.6-7861 for further information. ~ All laterals and wasteways must be protected\ All municipal surface drainage must be retained on site. If any~surface drainage leaves the site~the Nampa. & Meridian.lrrigation District must review drainage plans. The developer must~`comply with Idaho Code 31-3805. It ~ iss recommended that irrigation water be made available to all developments within the Nampa c4~ 3 Meridian Irrigation District. ~\_- r , , ~~, ~ , ` , Sincerely, `~ Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: dln cc: File -Shop File - O, f,~ice Water Superintendent - ~ ~~' {1' - - sots < ~ ~ 'Y•~ ~z q' ' ~ , ~ ~ k 4 ,~ S .~9 ~~" ~ ~ ~ ~ •~ia ~01 4 Y'1yt~f ,.~ ~r N _",. Fear ?~ _ APPROXIMATE IRRIGABLE ACRES \\ir '; ~:` " ~ RIVER FLOW RIGHTS - 23,000 _~~ BOISE PROJECT RIGHTS - 40,000 ~ ~ ~, r 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Pinnacle Engineers, Inc. Ca 870' E. Linder, Suite B A~ Meridian, ID 83642 RE: Land Use Change Application for Terra Townhouses Subdivision Dear Pinnacle Engineers: Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Enclosed please find a Land Use Change Application for your use to file with•the Irrigation District for its review on the above-referenced development. If this development is under a "rush" to be finalized, I would recommend that you submit a cashier's check, money order or cash as payment of the fees in order to speed the process up. If you submit a company or personal check, it must clear the bank before processing the application. Should this development be planning a pressure urban imgation system that will be owned, operated and maintained by the Irrigation District, I strongly urge you to coordinate with John P. Anderson, Water Superintendent for the Irrigation District concerning the installation of the pressure system. Enclosed is a questionnaire that you must fill out and return in order to initiate the process. of contractual agreements between you and the Irrigation District for the ownership, operation and maintenance of the pressure urban irrigation system. If you have any questions concerning this matter please feel free to call on me at the District's office or John Anderson, the District's Water Superintendent at the District's shop. Sincerely, / . ~'jo~ Donna N. Moore, Assistant Secretary/Treasurer cc: File Water Superintendent Accent Homes, L.L.C. City of Meridian - enc. - _.,. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS 23,000. BOISE PR01KT RIGHTS - 4Q000 L,: S ... 6 August 1998