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Tremont Sub RZ
Mayor ROBERT D. CORRIE Council Members CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD 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 (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 PLANNING AND ZONING DEPARTMENT (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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: March 2, 1999 TRANSMITTAL DATE: February 8, 1999 HEARING DATE: March 9. 1999 FILE NUMBER: RZ-99-003 REQUEST: REZONE OF 9.838 ACRES FROM R-8 WITH CONDITIONS FOR TOWNHOUSES TO R-8 WITHOUT CONDITIONS BY: LUNA VISTA, INC. LOCATION OF PROPERTY OR PROJECT: BROADWAY & 8T" STREET (725 W. 8T") 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 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) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) 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 May 18, 1999, for the purpose of reviewing and considering the application of Luna Vista, Inc. for a rezone of approximately 9.838 acres of land which is generally located at Broadway & 8th Street (725 W. 81h Street). The application requests a zone change from R-8 with conditions for townhouses to R-8 without conditions. Further the applicant requests preliminary plat approval of the parcel of land above described for 36 single-family residential lots for proposed Tremont Place Subdivision. 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 26th day of April, 1999. PUBLISH April 28 and May 12, 1999 �W 0 O 110 I. T� N m K O z ---IN 00 �z nz rn0 CD 00 -v C Cn O z D� CD rn m R00 1.8LL-L88 (80Z) X -A 09LL-L88 (80Z) Hd z N _ � 6 Zb9E8 OHbal NVIC N3H �° 8 311ns'ab0?J ?AGNIYN OL8 10 00 co co 1%j `M:I33NIJN3 310VNNld ** TX CONFIRA REPORT ** DATE TIME TO/FROM 09 0426 10:32 208 888 1097 AS OF APR 26 010:33 PAGE. 01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS EC --S 00'30" 001 194 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 May 18, 1999, for the purpose of reviewing and considering the application of Luna Vista, Inc. for a rezone of approximately 9.838 acres of land which is generally located at Broadway & 8t' Street (725 W. 80' Street). The application requests a zone change from R-8 with conditions for townhouses to R-8 without conditions. Further the applicant requests preliminary plat approval of the parcel of land above described for 36 single-family residential lots for proposed Tremont Place Subdivision. 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 April, 1999. WILLIAM G. BERG, JR., CITY CLERK PUBLISH April 28 and May 12, 1999. 0 NOTICE OF HEARING .I L 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 March 9, 1999, for the purpose of reviewing and considering the application of Luna Vista, Inc. for a rezone of approximately 9.838 acres of land which is generally located at Broadway & 8th Street (725 W. 8th Street). The application requests a zone change from R-8 with conditions for townhouses to R-8 without conditions. Further the applicant requests preliminary plat approval of the parcel of land above described for 36 single-family residential lots for proposed Tremont Place Subdivision. 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 10th of February 1999. PUBLISH February 17 & March 3, 1999. WILL AM G. BERG J , C14Y CLERK S r ism • �����Ifiltff111N�� ** TX CONFIRMA. REPORT ** DATE TIME TO/FROM 04 02/12 0827 208 888 1097 AS OF FEB 12 'IRS: 28 PAGE .01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS EC --S 00'32" 001 069 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 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 March 9, 1999, for the purpose of reviewing and considering the application of Luna Vista, Inc. for a rezone of approximately 9.838 acres of land which is generally located at Broadway & e Street (725 W. a street). The application requests a zone change from R-8 with conditions for townhouses to R-8 without conditions. Further the applicant requests preliminary plat approval of the parcel of land above described for 36 single-family residential lots for proposed Tremont Place Subdivision. 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 100' of February 1999. PUBLISH February 17 & March 3, 1999. G. BERG JF� L, 1S1 eP . rrrHm apti����� ``` • • CITY OF MERIDIAN 33 East Idaho Street, Meridian, ID 83642 Phone: (208) 888-4433 Fax: (208) 887-4813 FtF;c]F'rvED FEB 0 5 1999 CITY OF 31ERIDIAN PLANNING & ZONING , "�L x-99- 003 PROPOSED NAME OF SUBDIVISION: Tremont Place Subdivision GENERAL LOCATION: Broadway & 8th Street ( 725 W. 8th) TYPE (RESIDENTIAL, INDUSTRIAL, COMMERCIAL): Residential ACRES OF LAND IN PROPOSED ANNEXATION: 9.838 PRESENT LAND USE: Vacant PROPOSED LAND USE: Single Family Residential (4.38 D. U./Acre Net) PRESENT ZONING DISTRICT: R8 with Conditions for Townhouses PROPOSED ZONING DISTRICT: R8 without Conditions APPLICANT: Luna Vista, Inc PHONE: 336-9600 ADDRESS: 9020 Black Eagle Drive Boise, ID 83709 ENGINEER, SURVEYOR, OR PLANNER: Bob Unger PHONE: 887 -7760 ADDRESS: Pinnacle Engineers, Inc. 870 N. Linder, Suite B Meridian OWNER(S) OF RECORD: Broadway Estates PHONE: ADDRESS: 688 E. Sugarberry Drive, Eagle, ID 83616 0 • AFFIDAVIT OF LEGAL INTEREST I, Broadway Estates, Limited Partnership, 688 E. Sugarberry Drive, Eagle, Idaho 83616 being first duly sworn upon oath, deposed and say: 1. That I am the record owner of the property described on the attached, and I grant my permission to Lorin Saunders, 688 E. Sugarberry Drive, Eagle, Idaho 83616 to submit the accompanying application pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and it's employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. Dated this 7th day of February, 1999. orin Saunders, Managing Partner, Broadway Estates SUBSCRIBED AND SWORN to before me the day and year first above written. ®a©®®�nagooaA°Aa9 Q0�0o i Q, b._ .1 00 A h a W o u O r O z UZI— o jaaP—ublic for Idaho Residing at My Commission Expires: g -Lo -appy 16:46 For Vahw Reatived LORIS C. SAUNDERS and ,....,.: ..-•.: CLiO F. SAUNDERSp husband and eba atantpa S. doMraby sraa4' w9 and MVV VOW BROADWAY 2STAT33. a Limi ted Partnership, P.O. sox 7703. >fvise, Idaho $3707, it, snielan all A; Grantpre� r==ht. title and interest consisting of an undiride3 oa half�nat in and to the fv2Iotring•descrlbed property in Ads County. Idahocasiftx xtht]tkx o wi . tt: A part of Lots 1 and Z of Mastlawn Subdivision, according records othe plat Adthereof filed in book 2 of plata at page 94, as follows: rea County, Idaho, more particularly described Coementla at the Northeast corner of sato Lot 1; thence Vast 126 meet along the Sotrth "as of Kest plat Avenue; thence South 22S feet to the real point of beglaning; thence continue South 412.19 fet; thence Kest S28.40 e feet; thence North 412.19 feet; thence East 3:0.40 feet to the point of beginning; EXCEPT a parcel in corner thereof which is 13S feet East and hesthe Northwest t had 335.07 feet North and South. Together with all water, water rights, 64tches and ditch sights-oi-way appurtenant thereto or connected therewith. ether with an of Acc $3 purposes over and Eacross tthe followinosdeseribed-way A part of the East halt of Los i premises: accortdinj to the Plot thereof filed insbook :Soidplats on deatribedt�srfollowords of Ada county, Idaho, more particularly follows. Commencing at the Northeast corner at Let I of Neatlawn PSa0 Avenue andethe Worthalia0 ofegold Lots I sad 2. distance of 314.K411th nce South 16S foot; thence Kest TO llA%Qjf!)4 fj0jMej1�eetl thence agog 40 feet to the 1 t s halts and their aPpe�aps torte tha with thr amid t:iantar that theme fereren And the saki tiraatara dp ,�. yk Q antes »rnrd— nt* rpm hum rrll lneemtwa are the owner to few mhnrde bf NNW .11�t�( ant assessaents for 197 3 except caste at of record. - Iv .11 and that the r Hili warrant and dsfead the "Me film all lawful eio1mr WhatMW%-rF. Prated; • r P C. Saund..r. MWEAS .f,rt ,w.. amass tf aider of Penn a "a /P war 0 is torr etthat iaprleaa, card m are me tMt they anwAi vie w .r ■�amrs.�r. /� iii �t1W �/ e1aQ CO— tmmthr JV ro iolae rreaw WL of RobI or dhw am tti Pana 1'R r-PIMCK he 1 � — V. ■dl 1e. 1dL P.01 P. 04 CJ EXHIBIT "A" • A Parcel of land situated in a portion of the N1/2 of the SW1/4 of Section 12, T.3N., R. 1W., B.M., City of Meridian, Ada County, Idaho and described as follows: Commencing at the NW corner of the said N1/2 an aluminum monument, thence along the North line of the said N1/2 N89°57'30"E 2652.91 feet to a brass cap marking the NE corner of the said N1/2; thence along the East line of said N1/2 SO 00'28"W 690.00 feet to the POINT OF BEGINNING; Thence continuing along said East line SO°00'28"W 318.73 feet to a point; Thence leaving said East line and along the North right-of-way line of the Union Pacific rail road N89°05' 16"W 654.40 feet to a point; Thence leaving said North right-of-way and parallel with the said East line NO°00'28"E 507.24 feet to a point; Thence parallel with the said North line of the N1/2 N89°57'30E 130.00 feet to a point; Thence parallel with the said East line NO°00'28"E 335.60 feet to a point; Thence parallel with the said North line of the N1/2 N89057'30E 359.32 feet to a point; Thence parallel with the said East line SO°00'28"W 535.00 feet to a point; Thence parallel with the said North line of the N1/2 N89057'30E 165.00 feet to the POINT OF BEGINNING; Said Parcel contains 9.71 acres more or less and is subject to all existing easements and rights-of-way of record or implied. I't 0 -13 0 -n Q. NOISIAlcianS 30VId INOVGbi dVVY AIINIOIA 0LL -L88 (90Z) XJ 09LL-L98 (80Z) Hd CD (nCQ (n N ZV9C8 OHVGl 'NVI(M:13IN W—C: 0 (n 07 e 311ns'GVUJ 2JWNII 'N OL8 co 4 CD co co CO co a . co 'ONI 'S2133NION3 31:DVNNId C) a PINNACLE Engineers, Inc. TO: Shari Stiles Planning and Zoning Administrator .200 E. Carlton, Suite 201 Meridian, Idaho 83642 DATE: _ January 29,, 1999 -. .r - RE-, Tremont Place Subdivision Ms. Stiles: \, On behalf of Luna Vista, Inc., we are -submitting this application for a Subdivision Preliminary Plaf and Zoning Ordinance Amendment on 9.838 acres located west of 8t, Street at the west end of Idaho Street and Broadway, 725 W. 8" Street, Meridian, Idaho. The -proposed Subdivision consists - of 36 single-family lots, l open space lot and 2 drainage lots. „The property is currently zoned R8 (with conditions for townhouses) and is vacant land with no,, structures. The conditions of the R8 zonin re uire that the o be as a townhouse g q property P� development. We are requesting an amendment to that rezone ordinance removing the requirement for townhouses and allowing single family residences as provided for in the Meridian Code., The zoning to R8, with a net density of 4.38 dwelling units for the project, is compatible with the policies and goals of the Meridian City Comprehensive Plan. Sewer and water (Meridian) will be extended to the site at the expense of the developer;: All other utilities will be provided to the site. All streets, curbs, gutters and sidewalks will be dedicated to the _ public and built to_ Ada County Highway District standards.- The Nine_ Mile Creek, under the jurisdiction of the Nampa -Meridian Irrigation District, divides this property, and is proposed to be tiled to the west boundary of the property with the approval of all effected agencies.. This area will be utilized as an open space lot for the project while providing an easement for the District. This project is compatible with the surrounding area and as such will not change the general use or character of the property and will not have any adverse effect on the surrounding properties. The traffic impact on the surrounding streets . should be minimal as Idaho Street and Broadway both terminate, at this site. The streets within the development are designed to promote extensions of Idaho and Broadway. 870 NORTH TINDER SUITE B o MERIDIAN. IDAHO 83642 1 (208) 887-7760 , FAX (208) 887-7781 • CITY OF MERIDIAN 33 East Idaho Street, Meridian, ID 83642 Phone: (208) 888-4433 Fax: (208) 887-4813 APPLICATION FOR ANNEXATION AND ZONING OR REZONE PROPOSED NAME OF SUBDIVISION: Tremont Place Subdivision GENERALLOCATION: Broadway & 8th Street (725 W. 8th) TYPE (RESIDENTIAL, INDUSTRIAL, COMMERCIAL): Residential ACRES OF LAND IN PROPOSED ANNEXATION: 9.8 3 8 PRESENT LAND USE: Vacant PROPOSED LAND USE: Single Family Residential ( 4.38 D. U. /Acre Net) PRESENT ZONING DISTRICT:, R8 with Conditions for Townhouses PROPOSED ZONING DISTRICT: R8 without Conditions APPLICANT: Luna Vista, Inc. PHONE: 336-9600 ADDRESS: 9020 Black Eagle Drive Boise, ID 83709 ENGINEER, SURVEYOR, OR PLANNER: Bob Uncrer PHONE:887 -7760 ADDRESS: pinnacle Engineers, Inc. 870 N. Linder, Suite B Meridian OWNER(S) OF RECORD: Broadway Estates PHONE: ADDRESS: 688 E. Sugarberry Drive, Eagle, ID 83616 Signature of Applicant 0 0 C1 I N O O -n CD CD r." o� �o CD N � CO 00 Z2�) 0 0 0 0 [9LL-L99 (90Z) XJ 09LL-L99 (90Z) Hd ZV9£9 OHVCII `NVICINMY 8 811ns `CIVMJ 218aNll 'N OL9 'ONI `S?MNIJN8 3]OVNNId oCD w�c N [9LL-L99 (90Z) XJ 09LL-L99 (90Z) Hd ZV9£9 OHVCII `NVICINMY 8 811ns `CIVMJ 218aNll 'N OL9 'ONI `S?MNIJN8 3]OVNNId 0 EXHIBIT "A" • A Parcel of land situated in a portion of the N1/2 of the SW1/4 of Section 12, T.3N., R.1W., B.M., City of Meridian, Ada County, Idaho and described as follows: Commencing at the NW corner of the said N1/2 an aluminum monument, thence along the North line of the said N1/2 N89°57'30"E 2652.91 feet to a brass cap 'marking the NE corner of the said N1/2; thence along the East line of said N1/2 SO 00'28"W 690.00 feet to the POINT OF BEGINNING; Thence continuing along said East line SO°00'28"W 318.73 feet to a point; Thence leaving said East line and along the North right-of-way line of the Union Pacific rail road N89°05' 16"W 654.40 feet to a point; Thence leaving said North right-of-way and parallel with the said East line NO°00'28"E 507.24 feet to a point; Thence parallel with the said North line of the N1/2 N89°57'30E 130.00 feet to a point; Thence parallel with the said East line NO°00'28"E 335.60 feet to a point; Thence parallel with the said North line of the N1/2 N89°57'30E 359.32 feet to a point; Thence parallel with the said East line SO°00'28"W 535.00 feet to a point; Thence parallel with the said North line of the N1/2 N89°57'30E 165.00 feet to the POINT OF BEGINNING; Said Parcel contains 9.71 acres more or less and is subject to all existing easements and rights-of-way of record or implied. /z 53 M�6-bvns r TREMONT PLACE SUBDIVISION PROPERTY OWNERS WITHIN 300' SCHLEKEWAY ALOYS C 1200 W FRANKLIN RD MERIDIAN ID 83642-2417 927 W 08TH ST MORISETTE GERRY R & HELEN J 1438 LESLIE WAY MERIDIAN ID 83642-5710 922 W 08TH ST CANNA LILY HOMEOWNERS ASSOCIATION INC 988 W PINE AVE MERIDIAN ID 83642-2059 NW 09TH AVE KANTOLA JERRY & PAM > JERRY KANTOLA 1848 BADGER RD APT A NORTH POLE AK 99705-5059 988 W PINE ST ALLEMAN VERN R & ANGELINA P 2101 E USTICK RD MERIDIAN ID 83642-5533 842 W PINE AVE DEGENDORFER DAVID L & JANE K 930 W PINE AVE MERIDIAN ID 83642-2059 YOUNG A L & M C LIVING TRUST YOUNG A L & M C TRUSTEES 7310 RIM ACRES LN BOISE ID 83709-5558 906 W 10TH ST SHUYLER CLINTON & MILDRED A COPE LINDA LEE 132 E OVERLAND RD MERIDIAN ID 83642-3048 1002 W PINE AVE SUMNER ROBERT L & RUBY L 830 W PINE AVE MERIDIAN ID 83642-2057 LUBACKY ANDREW A & LUBACKY DANITA 912 NW 07TH AVE MERIDIAN ID 83642 RIPLEY DAVID L & M DARLENE 802 W PINE AVE MERIDIAN ID 83642-2057 FISCAL FUNDING CO INC 101 CALIFORNIA ST STE 2000 SAN FRANCISCO CA 94111-5852 1103 W PINE AVE MERIDIAN FRIENDS CHURCH INC 1021 W PINE AVE MERIDIAN ID 83642-2060 BURR INTERNATIONAL INC PO BOX 6486 BOISE ID 83707-6486 E PINE AVE FLEMING ALLEN R PO BOX 842 MERIDIAN ID 83680-2058 935 W PINE AVE HANSEN LARRY A & KAY M 951 W PINE AVE MERIDIAN ID 83642-2058 930 W PINE AVE ACHURRA HENRY J & GERALDINE J 859 W PINE AVE MERIDIAN ID 83642-2056 NEWKIRK MARY ANN 847 W PINE AVE MERIDIAN ID 83642-2056 TOLSMA RONALD R & JULIE E PO BOX 382 MERIDIAN ID 83680-0382 839 W PINE AVE • STUART CHARLES R & MARLENE K 821 W PINE AVE MERIDIAN ID 83642-2056 LIDDELL RUSSELL V 3250 S LOCUST GROVE RD MERIDIAN ID 83642-7065 803 W PINE AVE TAYLOR DENNIS F & CHARLENE 801 W PINE AVE MERIDIAN ID 83642-2056 HERSEY RICHARD S & LOUISE AND HERSEY CLIFFORD B & JANET L 1450 STITZEL RD ELKO NV 89801-4892 759 W PINE AVE TOOLSON FAMILY LIMITED PARTNERSHIP THE 533 14TH ST RUPERT ID 83350-1212 831 W 07TH ST RANDALL JOE E & NORMA L RR 3 KUNA ID 83634-9803 801 W 07TH ST HA RRY A & KAY M 951 W PINE A MERIDIAN ID 83642-2 HANSEN GORDON J & WINONA B UNKNOWN N TEN MILE RD BROADWAY ESTATES AND SAUNDERS LORIN C 688 E SUGARBERRY DR EAGLE ID 83616-6708 725 W 08TH ST 835 W BROADWAY AVE THORNE DANA & JANET R 12111 W BAND DR STAR ID 83669-5103 814 W 08TH ST • WESTBERG PAUL L & MARY C PO BOX 280 STAR ID 83669-0280 730 W IDAHO AVE ROSS BRENT E 4281 W PLUMROSE DR MERIDIAN ID 83642 700 W IDAHO AVE WORKMAN JAMES M & MAYRA D 4811 PARKWOOD ST BOISE ID 83704-2316 726 W IDAHO AVE BROADWAY ESTATES PO BOX 835 MERIDIAN ID 83680-0835 W IDAHO AVE FREEBERG JOHN & BONNIE TRUSTEE WOODEN KAY R PO BOX 542 NAMPA ID 83653-0542 701 W IDAHO AVE 717 W IDAHO AVE 701 W 7T` ST 660 W BROADWAY AVE BAIRD SCOTT C & APRIL M 730 W 07TH ST MERIDIAN ID 83642-2401 ADAMS ELMER L JR & DONNA J 3825 N CHURCH PL BOISE ID 83706 729 W IDAHO AVE ALLEN BOB & CATHERINE TRUST ALLEN BOB & CATHERINE TRUSTEES 6155 S EAGLE RD MERIDIAN ID 83642-7058 725 W IDAHO AVE JOHNSON JESSICA L 734 W 08TH UNIT #10 MERIDIAN ID 83642 STILTNER CURTIS N PO BOX 822 MERIDIAN ID 83680-0822 730 N 08TH ST SCRIVNER MELVIN L & JANET 2240 TURNBERRY WAY MERIDIAN ID 83642-1045 728 N 08TH ST BLACKMER STEVEN W AND SIME MARCEE L 724 W 08TH ST MERIDIAN ID 83642 HOBSON DAVID G & CINDY L AND HOBSON JEFFRY M & SANDRA 4111 OVERLAND RD BOISE ID 83705-2972 702 W 07TH ST BELT MELINDA ANN 720 W 08TH #6 MERIDIAN ID 83642 WARDLE JOHN A & CHERYL A 8995 W CHINDEN BLVD MERIDIAN ID 83642-5029 716 NW 08TH ST GATES TERESA M 2628 S AUGUSTA BOISE ID 83705 714 W 08TH ST SIMMONS DANA 710 W 08TH ST MERIDIAN ID 83642 VICK JON PAUL 730 W BROADWAY AVE MERIDIAN ID 83642-2407 HOWARD TRAVIS W 726 W BROADWAY AVE MERIDIAN ID 83642-2407 U S BUREAU OF RECLAMATION 550 W FORT ST BOISE ID 83724-0101 W BROADWAY AVE 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 NORQUIST INVESTMENTS LIMITED PARTNERSHIP PO BOX 7832 BOISE ID 83707-1832 W TAYLOR AVE IDAHO TANK & CULVERT INC 724 TAYLOR AVE MERIDIAN ID 83642-2486 ��ial'�y'_:� r 0 0� 0 01 , —P-- :,O�o . I �II�L ot-oI 0 FILE COPY BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE ) Case No. PP -99-004 REQUEST FOR PRELIMINARY ) PLAT FOR TREMONT PLACE ) FINDINGS OF FACT AND SUBDIVISION BY LUNA ) CONCLUSIONS OF LAW AND VISTA, INC. ) ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT The above entitled matter coming on regularly for public hearing before the City Council on the 18th day of May, 1999, and Shari Stiles, Gary Smith and Kenny Bowers of the City of Meridian, appeared at the hearing, and Bob Unger of Pinnacle Engineers on behalf of the applicant, and Charles Stuart, a neighboring property owner, appeared at the hearing and testified, and the City Council having received a report from Shari Stiles, the Planning and Zoning Administrator, and the City Council having received as part of the record of this matter the recommendation to City Council of the Planning and Zoning Commission and the applicant having submitted the latest Preliminary Plat Drawing dated: Drawing Revision date 3/9/99, DRAWN BY DAB, PROJECT NO. 98870 BY PINNACLE ENGINEERS, INC. for Tremont Place Subdivision, submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT FOR TREMONT PLACE SUBDIVISION - LUNA VISTA, INC. - 1 Council pursuant to Section 11-9-604, Municipal Code of the City of Meridian. Therefore the City Council makes the following findings: FINDINGS OF FACT 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, the property is presently zoned Medium Density Residential (R-8), and requires connection to the Municipal Water and Sewer System. [see Section 11-2- 408(B)(4), Municipal Code of the City of Meridian.] 2. The preliminary plat is in conformance with the Comprehensive Plan City of Meridian adopted December 21, 1993, Ordinance No. 629. 3. It is determined that Urban Services can be made available to accommodate the proposed development if the plat complies with the requirements and conditions hereinafter set forth as conditions of preliminary plat approval. 4. 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 Planning and Zoning Administrator and the Assistant City Engineer and as proposed by the developer as stated on the preliminary plat there will be FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT FOR TREMONT PLACE SUBDIVISION - LUNA VISTA, INC. - 2 public financial capability of supporting services for the proposed development. 5. 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. 6. It is found that the Recommendation To City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. 7. The applicant has submitted for consideration of this approval drawing of the preliminary plat herein designated as: "Drawing Revision date 3/9/99, DRAWN BY DAB, PROJECT NO. 98870 by Pinnacle Engineers, Inc. for Tremont Place Subdivision". 8. Results of test hole investigations performed January 19, 1999, indicate that groundwater is somewhat shallow (approx. 2.5' from surface). The investigation was performed at a time when the groundwater table is generally near its annual low. The City of Meridian requires that street centerline elevations be designed to provide a minimum of 3 feet separation from the seasonal high groundwater elevation. This is an effort to ensure that crawl spaces under homes will be above the ground water. 9. The legal description submitted with the application appears to meet all of the criteria required by Meridian City Resolution 158, and the Idaho State Tax FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT FOR TREMONT PLACE SUBDIVISION - LUNA VISTA, INC. - 3 Commission. 10. The preliminary plat does not show pressurized irrigation, nor does it show water service to all of the lots within the development or to proposed fire hydrants. DECISION AND 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 which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER The Preliminary Plat of the applicant as evidenced by "Drawing Revision date 3/9/99, DRAWN BY DAB, PROJECT NO. 98870, by Pinnacle Engineers, Inc. for Tremont Place Subdivision", is hereby conditionally approved; and 2. The conditions of approval are as follows to -wit: Adopt the Amended Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 2.1 Sanitary sewer service to this site shall be provided via an existing main adjacent to Nine Mile Creek near the Sunrise Health Care (formerly Western Pines) facility. 2.2 The proposed sewer profiles submitted with the application indicate that the sewer system is being proposed at less than FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT FOR TREMONT PLACE SUBDIVISION - LUNA VISTA, INC. - 4 minimum grades and, in some cases, less than minimum depths. Fill material must be used if necessary to achieve the desired design criteria. 2.3 Water service to this site is to come from existing 6" main located in W. Eighth Street and Broadway Avenue. 2.4 Pressurized irrigation system within this development is to be owned and maintained by the Nampa SL Meridian Irrigation District. 2.5 Applicant shall, as proposed, pipe the Nine Mile Drain within a 36" pipe (plat states 36' pipe). 2.6 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be piped per City Ordinance 1I- 9 -605.M. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2.7 Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. 2.8 Five -foot -wide sidewalks shall be provided in accordance with City Ordinance Section 11-9-606.B. 2.9 A letter from the Ada County Street Name Committee shall be submitted approving the subdivision and street names. 2.10 Fire hydrant placement shall be coordinated with the City of Meridian's Water Works Superintendent. 2.11 Applicant shall be responsible for construction of the sewer mains to and through this proposed development. Subdivision designer shall coordinate main sizing and routing with the Public Works FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT FOR TREMONT PLACE SUBDIVISION - LUNA VISTA, INC. - 5 Department. Sewer manholes shall be provided to keep the sewer lines on the south and west sides of centerline. 2.12 Applicant shall be responsible for construction of the water mains to and through this proposed development. Subdivision designer shall coordinate main sizing and routing with the Public Works Department. 2.13 Existing ditch easements and Union Pacific Railroad right-of-way shall be indicated on the preliminary plat map. The plan shall be revised to show all proposed piping of irrigation/drainage ditches, or show that they are to be abandoned in place. Compaction test results shall be submitted to the Meridian Building Department for all lots impacted by the filling of said ditches. 2.14 Two -hundred -fifty -and 100 -watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at sub - divider's expense. Typical locations are at street intersections and/or fire hydrants. 2.15 Ownership plans shall be submitted for the pressurized irrigation system. 2.16 Applicant shall be responsible for construction of a six -foot -high, permanent perimeter fence along property boundary, except where the City has expressly agreed, in writing, that such fencing is not necessary.. Said fencing shall be installed across the ends of the future stub streets. Applicant shall also install non- combustible, four -foot -high non -sight -obscuring fencing along the easement line for Nine Mile Creek. Fencing is to be in place prior to applying for building permits. 2.17 A pedestrian walkway/bike path shall be constructed along Nine Mile Creek. The common lot shall be owned and maintained by the homeowners association. Detailed plans of all landscaping, fencing and walkways for all common areas shall be provided. A letter of credit or cash will be required for these improvements FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT FOR TREMONT PLACE SUBDIVISION - LUNA VISTA, INC. - 6 prior to signature on the final plat. 2.18 A detailed landscape plan for the common areas, including fencing locations and types of construction, shall be submitted for review and approval with the submittal of the final plat map. A letter of credit or cash surety shall be required for the improvements prior to signature on the final plat. 2.19 A minimum 20 -foot -wide planting strip beyond the Union Pacific Railroad right-of-way is required. Fencing shall not encroach upon this planting strip. 2.20 Additional groundwater monitoring may be required to determine the seasonal high groundwater elevation. This testing shall be performed by a soils scientist. 2.21 Water service to this development is contingent upon positive results from a hydraulic analysis from our computer model. The existing six-inch lines may not be adequate to meet the required fire flows for this development. 2.22 Nine Mile Creek shall remain open as an existing natural feature and applicant will provide written confirmation of approval from the respective authorities responsible for the waterway. 2.23 The preliminary plat shall be revised to include plans for all utilities to all lots within the subdivision. 2.24 The developer shall comply with Meridian City Zoning and Development Ordinance 2-411(D)(2) and (3). 2.25 A permanent turnaround shall be provided on W. Ninth Street. Temporary turnarounds shall be provided at the ends of W. Eighth Street and Broadway Avenue. Adopt the Ada County Highway District's Recommendations as follows: 2.26 Utility street cuts in new pavement less than five years old are FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT FOR TREMONT PLACE SUBDIVISION - LUNA VISTA, INC. - 7 not allowed unless approved in writing by the District. 2.27 An ACHD approved turnaround shall be constructed at the end of 8th Street. A design of the turnaround shall be submitted for review and approval by the District staff. 2.28 An ACHD approved knuckle or turnaround shall be constructed at the terminus of 9th Street. A design of the knuckle or turnaround shall be submitted for review and approval by the District staff. 2.29 An ACHD approved knuckle or turnaround shall be at the terminus of Idaho Street. A design of the knuckle or turnaround shall be submitted for review and approval by the District staff. 2.30 Broadway Avenue to the western property line between Lot 15, Block 2, and Lot 12, Block 3 shall be stubbed. A paved temporary turnaround shall be provided at the terminus of Broadway Avenue with a temporary easement provided to the District. All designs shall be coordinated with the District staff. 2.31 Idaho Avenue to the western property line between Lot 11, Block 1, and Lot 1, Block 2 shall be stubbed. 2.32 All the proposed streets shall be constructed as 37 -foot street sections with curb, gutter and 5 -foot wide sidewalks within 50 - feet of right-of-way. 2.33 A 5 -foot wide concrete sidewalk shall be constructed on 8th Street abutting the existing curb on this site's frontage. 2.34 A 5 -foot wide concrete sidewalk shall be constructed on Broadway Avenue abutting the existing curb on this site's frontage. Adopt the Meridian Fire Department's Recommendations as follows: 2.35 Turnaround shall be installed on Broadway Avenue. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT FOR TREMONT PLACE SUBDIVISION - LUNA VISTA, INC. - 8 2.36 No parking of vehicles or trailers shall be permitted in the cul-de- sac. 2.37 All roads and street signs will be installed before building is started. Adopt the Central District Health Department's Recommendations as follows: 2.38 The Applicant shall obtain written approval for the central sewage and central water prior to the approval of the Preliminary Plat. 2.39 The Applicant's central sewage and central water plans shall be submitted to and approved by the Idaho Department of Health &_ Welfare, Division of Environmental Quality. 2.40 Run-off is not to create a mosquito breeding problem. 2.41 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 2.42 The engineers and architects involved with the design of this project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. Adopt the Nampa S& Meridian Irrigation District Recommendations as follows: 2.43 Applicant shall submit a Land Use Change/Site Development application for review prior to final platting. 2.44 Requires all laterals and wasteways be protected. 2.45 All municipal surface drainage shall be retained on site. 2.46 If any surface drainage leaves the site, the Nampa S& Meridian Irrigation District must review drainage plans. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT FOR TREMONT PLACE SUBDIVISION - LUNA VISTA, INC. - 9 2.47 The Developer must contact the Nampa & Meridian Irrigation District for approval before any encroachment or change of right- of-way occurs. 2.48 It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. The Planning and Zoning Commission further advises: 2.49 After Staff review relating to the water main line the applicant shall provide sufficient water and adhere to subsequent Staff recommendations. 2.50 Applicant shall guarantee continued irrigation to the neighbors to the north during and after construction, pursuant to an agreement with and to the satisfaction of the aforementioned neighbors. 2.51 Applicant shall pursue the appropriate approval from the Nampa - Meridian Irrigation District and the Corps of Engineers to run lines across Nine Mile Creek. 2.52 Applicant shall pursue an agreement with the Nampa -Meridian Irrigation District on the common area on the Nine Mile Creek and for purposes of appropriately designing the pedestrian path. 2.53 Applicant shall pursue an encroachment agreement with the Nampa -Meridian Irrigation District to provide for a minimum planting strip of 10 feet along the common area. By action of the City Council at its regular meeting held on the day of CC , 1999. By: RO RT D. CORRIE , City of Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT FOR TREMONT PLACE SUBDIVISION - LUNA VISTA, INC. - 10 Copy served upon Applicant, the Planning and Zoning Department and the Public Works Department. By- �"9,Dated: City Clerk FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT FOR TREMONT PLACE SUBDIVISION - LUNA VISTA, INC. - 11 JUSTIN P. AYLSWORTH KATHY J. EDWARDS JULIE KLEIN FISCHER WM. F. GIGRAY, III D. SAMUEL JOHNSON WILLIAM A. MORROW CHRISTOPHER S. NYE PHILIP A. PETERSON STEPHEN L. PRUSS ERIC S. ROSSMAN TODD A. ROSSMAN R. STEPHEN RUTHERFORD TERRENCE.. R. WHITE WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW William G. Berg, Jr. Meridian City Clerk 33 E. Idaho Meridian, ID 83642 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208)288-2499 FAX(208)288-2501 E -Mail:: wfgrawppmg. c0m May 27, 1999 NAMPA OFFICE 104 9` AVE. S. POST OFFICE BOX 247 NAMPA IDAHO 83653-0247 TEL. (208) 466-9272 FAX (208) 466-4405 PLEASE REPLY TO MERIDIAN OFFICE DECEIVED MAY 2 7 1999 City of Meridian. City Clark OiiicO RE: LUNA VISTA, INC. / TREMONT PLACE SUBDIVISION CASE NO. PP -99-004 Dear Will: Pursuant to City Council action of May 18, 1999, 1 have prepared the Findings and Order of Conditional Approval of Preliminary Plat in the application of Steiner Development, Inc., regarding the above matter. After the rezone application has been approved this document Will be ready for the Mayor's signature and after the Mayor's signature has been secured, and the City Clerk's signature secured, the original should be retained by the City Cleric. 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 truly yours, 11�-- f R. Stephen Ru erford Enclosure msp/Z:\Work\M\Meridian 15360M\TremontPlace Plat&Rez\ClerkPPltr MERIDIAN CITY COUNCIL MEETING:_ AUGUST 17. 1999 APPLICANT: LUNA VISTA. INC AGENDA ITEM NUMBER: 8 REQUEST• DEVELOPMENT AGREEMENT FOR TREMONT PLACE SUBDNISION AGENCY COMMENTS CITY CLERK: SEE ATTACHED QED D/A CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: 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. 0 0 RESOLUTION NO 2 47 BY: 610.1 K lgenAle el A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", DATED THE 1.7t DAY OF , 1999, BY AND BETWEEN THE CITY OF MERIDIAN AND IrUNA VISTA, INC. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with LUNA VISTA, INC., denoted as "DEVELOPMENT AGREEMENT" a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with LUNA VISTA, INC., entitled "DEVELOPMENT AGREEMENT" dated the ��'.day of -f , 1999, by and between the City of Meridian and Luna Vista, Inc., a copy (& which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. RESOLUTION OF THE CITY OF MERIDIAN, AUTHORIZING CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR TO ENTER INTO A DEVELOPMENT AGREEMENT WITH LUNA VISTA, INC. / TREMONT PLACE SUBDIVISION • • PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this %7�day of w- '1999. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, day of N r , 1999. ATTEST: msg\Z:\Work\M\Meridian 15360M\TremontPlace M S AL + i � 1 ' � r i Zes'p��q� t'�'T i9� • w. RESOLUTION OF THE CITY OF MERIDIAN, AUTHORIZING CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR TO ENTER INTO A DEVELOPMENT AGREEMENT WITH LUNA VISTA, INC. / TREMONT PLACE SUBDIVISION this/ 7A— 0 CERTIFICATE OF CLERIC OF _ THE CITY OF MERIDIAN I, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Cleric of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Cleric of this City, I am the custodian of its records and minutes and do hereby certify that on the day of , 1999, the following action has been taken and authorized: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", DATED THE�1�-DAY OF - , 1999, BY AND BETWEEN THE CITY OF MERIDIAN AND LUNA VI A, INC. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with LUNA VISTA, INC., denoted as "DEVELOPMENT AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and Cleric are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with LUNA VISTA, INC., entitled "DEVELOPMENT AGREEMENT" dated the � --day of!1-S1-L- , 1999, by and between the City of Meridian and Luna Vista, Inc., a co y of CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. Of w S 7 i STATE OF IDAH,I>� r �� County of Ada, h�'f'rsyr,+f s+n 0 ZOn this 11 day of , in the year 1999, before me, LU P , a Notary Public, appeared WILLLAII G. BERG, JR., known or identified to me to be the City Cleric of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. r L� Not4 Public for Idaho Commission Expires: TremontPlace P1at&Rez\CertificationC1erkfor RES CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN June 12, 2000 John Carpenter Pinnacle Engineering, Inc. 870 N. Linder Rd., Ste. B Meridian, Id 83642 Re: Tremont Place Subdivision Dear John: 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 J U N 1 5 7000 CITY OF V�,IEA UN Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 The Nampa & Meridian Irrigation District has completed a review with the requested changes for the above-mentioned project. The plans now meet the District's specifications and approval. No further review is necessary on this phase of the subdivision. Please feel free to contact me if you feel further discussion is required. Sincerely, X� ohn P. Anderson, Water Superintendent NAMPA &MERIDIAN IRRIGATION DISTRICT JPA: din Cc: File Board of Directors Secretary -Treasurer Asst. Water Superintendent Ride 4 — Larry Gillmore Ringert Clark Chartered — Bryce Farris `city of Meridian — Wiff Berg Ada County Highway District Fax to Mike Homan — 375-6021 APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 c7pifCENTRAL • f DISTRICT HLALTH DEPARTMENT MAIN OFFICE - 107 N. ARMSTRONG PL - BOISE, ID 83704-0825 - (208) 315-5211 • FAX 3218500 To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment 00-0563 August 15, 2000 David Navarro Ada County Recorder 650 Main Street Boise, ID 83702 RE: Tremont Place Subdivision Dear Mr. Navarro: FB"IvEID AUG 17 2000 CITY OF MERIDIAN Central District Health Department, Environmental Health Division, has reviewed and does approve the final plat on this subdivision for central water and central sewer facilities. Final approval was given on August 15, 2000. No lot size may be reduced without prior approval of the Health Department authority. If you have any questions, please call. Sincerely, 9 Michael H. Reno Senior Environmental Health Specialist cc: Department of Housing and Urban Development City of Meridian Luna Vista, Inc. John Carpenter, P.E., Pinnacle Engineering, Inc. MR:bm Ada / Boise County Office 707 N. Armsrong PI. Boise. ID 83704 Enviro, Health: 327-7499 Family Planning: 327-7400 immunizations: 327-7450 Senior Nutrition: 327-7460 WIC: 327-7488 FAX: 327-8500 Serving Valley, Elmore, Boise, and Ada Counties Ada -WIC Satellite Office 1606 Robert St. Boise. ID 83705 Ph. 334-3355 FAX: 334-3355 Elmore County Office 520 E. 8th Street N. Mountain Home. ID 83647 Enviro. Health: 587-9225 Family Health: 587-4407 WIC: 587-4409 FAX: 587-3521 Valley County Office 703 N. 1 st Street P.O. Box 1448 McCall, ID. 83638 Ph. 634-7194 FAX: 634-2174 RECORDED- REQUEST OF A M OU Y RECO DER 1. AVI HAVARRO FEE DE ;LOP EEMENT w pjp 19 PM l: 24 JWP 9 9 II 3 3 G8 P� Teri n ta, Inc. ►PMENT AGREEMENT (this "Agreement"), is _// day of" , 1999, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and LUNA VISTA, INC., hereinafter called "DEVELOPER", whose address is 9020 Black Eagle Drive, Boise, Idaho. 1. RECITALS: 1.1 WHEREAS, "Developer" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. §67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re -zoning that the owner or "Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-2-416L and 11-2-417D, which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, "Developer" has submitted an application for annexation and zoning of the "Property"s described in Exhibit A, and has requested a designation of Medium Density Residential (R-8), (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Developer" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT - 1 0 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 1" day of June, 1999, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the "Findings" require the "Developer" enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "DEVELOPER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629, January 4, 1994, and the Zoning and Development Ordinance codified in Title 11, Municipal Code of the City of Meridian. DEVELOPMENT AGREEMENT - 2 0 NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "DEVELOPER": means and refers to Luna Vista, Inc., an Idaho corporation, whose address is 9020 Black Eagle Drive, Boise, Idaho, the party developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses of the ""Property"" allowed pursuant to this Agreement are those uses allowed under "City"'s Zoning Ordinance R-8 Medium Density Residential codified at Section 11-2-408 B 4 Municipal Code of the City of Meridian. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. DEVELOPMENT AGREEMENT - 3 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1 "Developer" shall develop the "Property" in accordance with the following special conditions: 5.1.1. That 100% of houses in the subject project need not be a minimum of 1,301 sq.ft. but the developer shall comply with Meridian City Zoning and Development Ordinance 2-411(D)(2) and (3); single family housing be allowed in lieu of townhouse development; and that the subject property need not be developed as a planned development under the conditional use permit process. 5.1.2 The proposed sewer profiles submitted with the application indicate that the sewer system is being proposed at less than minimum grades and, in some cases, less than minimum depths. Fill material must be used if necessary to achieve the desired design criteria. 5.1.3 Water service to this site is to come from existing 6" main located in W. Eighth Street and Broadway Avenue. 5.1.4 The pressurized irrigation system within this development is to be owned and maintained by the Nampa &. Meridian Irrigation District. 5.1.5 The City of Meridian requires that street centerline elevations be designed to provide a minimum of 3 feet separation from the seasonal high groundwater elevation. 5.1.6 Applicant shall not pipe the Nine Mile Drain and shall provide a multiple use pathway along the drain and utilize Nine Mile Drain as an amenity to the development. DEVELOPMENT AGREEMENT - 4 • 5.1.7 Developer enter into a Development Agreement, that provides in the event the conditions therein are not met by the Developer the rezoning to Medium Density Residential (R-8) will be declared null and void. 6. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Developer" or "Developer"'s heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of subject "Property" of this agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in I.C. § 67- 6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Developer" consents upon default to the de -annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to -wit: 7.1 That the "City" provide written notice of any failure to comply with this Agreement to "Developer" and if the "Developer" fails to cure such failure within six (6) months of such notice. 8. INSPECTION: "Developer" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 9. DEFAULT: 9.1 In the event "Developer", "Developer"'s heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the DEVELOPMENT AGREEMENT - 5 E-1 • "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by "City" of any default by "Developer" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Developer"'s cost, and submit proof of such recording to "Developer", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Developer", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Developer" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non -breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed DEVELOPMENT AGREEMENT - 6 • to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either "Developer" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under 11-9-606 C of the Meridian City Code, to insure that installation of the improvements, which the "Developer" agrees to provide, if required by the "City". 14. CERTIFICATE OF OCCUPANCY: The "Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Developer" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 15. ABIDE BY ALL CITY ORDINANCES: That "Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de -annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c/o City Engineer City of Meridian DEVELOPMENT AGREEMENT - 7 DEVELOPER: Luna Vista, Inc. 9020 Black Eagle Drive, 9 r 33 E. Idaho Ave. Boise, Idaho Meridian, ID 83642 with copy to: City Cleric City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City"'s corporate authorities and their successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Developer" has fully performed its obligations under this Agreement. DEVELOPMENT AGREEMENT - 8 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 21.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the ""City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Cleric. DEVELOPMENT AGREEMENT - 9 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. Attest: OLUTION NO/ Attest: CITY CLERK BY RESOLUTION NO. 2'47 LUNA VISTA, INC. Michael Homan President trr:rrrrrrrr OF s SEAL //rrrr0'0`1 Y ',OF MERIDIAN W4=Z •' ROBERT •" l���t�tti3t+r�rrrrrr ti w SEAL ey/Z:\Wor1c\M\Meridian 15360M\TremontPlace P1at&Rez\Deve1opAgr DEVELOPMENT AGREEMENT - 10 STATE OF IDAHO ) :ss COUNTY OF ADA ) On this day of , in the year 1999, before me,a Notary PutRic, personally appeared Michael Homan and , known or identified to me to be the President and Girtfetaty of said Luna Vista, Inc. and who executed the instrument and acknowledge to me that said Luna Vista, Inc. executed the same. STATE OF IDAHO 0J."n c4j - Nota Public for Idaho Commission expires: :ss County of Ada On this q day of &Qi4Ai in the year, before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. L L �an�l��''. c5o �l�j� • AUBI, •.. ' •% .•`gyp DDDillttttt DEVELOPMENT AGREEMENT - 11 an uAt-," Nota6 Public for Idaho Commission expires: 101464 EXHIBIT A Legal Description Of Property A Parcel of land situated in a portion of the N 1/2 of the SW 1/4 of Section 12, T.3N., R.1 W., B. M., City of Meridian, Ada County, Idaho and described as follows: Commencing at the NW corner of the said N1/2 an aluminum monument, thence along the North line of the said N1/2 N 89°57'30" E a distance of 2652.91 feet to a brass cap marking the NE corner of the said N 1/2; thence along the East line of said N1/2 S 0000'28" W 660.00 feet to the POINT OF BEGINNING; Thence continuing along said East line S 0000'28" W a distance of 348.73 feet to a point; Thence leaving said East line and along the North right-of-way line of the Union Pacific Rail Road N 89°05'16" W a distance of 654.40 feet to a point; Thence leaving said North right-of-way and parallel with the said East line N 0°00'28" E a distance of 507.24 feet to a point; Thence parallel with the said North line of the N 1/2N 89°57'30E a distance of 130.00 feet to a point; Thence parallel with the said East line N 0°00'28" E a distance of 335.60 feet to a point; Thence parallel with the said North line of the N 1/2N 89°57'30E a distance of 384.32 to a point; Thence parallel with the said East line S 0°00'28" W a distance of 505.00 feet to a point; Thence parallel with the said North line of the N 1/2N 89°57'30E a distance of 140.00 feet to the POINT OF BEGINNING; Said Parcel contains 10.12 acres more or less and is subject to all existing easements and rights-of-way of record or implied. DEVELOPMENT AGREEMENT - 12 • EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of Approval DEVELOPMENT AGREEMENT - 13 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN In The Matter of The Request For REZONE OF APPROXIMATELY 9.838 ACRES FOR PROPOSED TREMONT PLACE SUBDIVISION, LUNA VISTA, INC. Applicant Case No: RZ-99-003 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR REZONING The above entitled matter on the rezoning application of 9.838 acres having come on for public hearing on May 18, 1999, at the hour of 7:30 o'clock p.m., and Council having received the report of Shari Stiles, Planning and Zoning Administrator, and Bob Unger of Pinnacle Engineers having appeared on behalf of the applicant, and no one appeared in opposition to the request, and the Council having received the record of this matter made before the Planning and Zoning Commission, and having received their Recommendation to the City Council, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for rezoning was published for two (2) consecutive weeks prior to said public hearing scheduled for FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF TREMONT PLACE SUBDIVISION - I May 18, 1999, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within -three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing, and that 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 City Council at the May 18, 1999, public hearing; 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 H 67-6509 and 67-6511, and H 11-2-416E and 11-2-417A, Municipal Code of the City of Meridian. 3. The City Council 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, Ordinance No. 629 — January 4, 1994, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property is approximately 9.838 acres in size. The property is generally located at 725 W. 8th Street in Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF TREMONT PLACE SUBDIVISION - 2 S. The owner of record of the subject property is Broadway Estates, Meridian, Idaho. Idaho. 8). 6. The Applicant is Luna Vista, Inc., 9020 Black Eagle Drive, Boise, 7. The property is presently zoned Medium Density Residential (R- S. . The Applicant requests the property be rezoned to Medium Density Residential (R-8) without conditions. Meridian. 9. The proposed site is vacant. 10. The subject property is within the city limits of the City of 11. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 12. The Applicant proposes to develop the subject property in the following manner: Develop and construct Single Family Residential (4.38 D.U./Acre net) housing. 13. The Applicant's requested rezoning of the subject real property as Medium Density Residential (R-8) without conditions, is consistent with the commercial designation on the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Existing Urban. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF TREMONT PLACE SUBDIVISION - 3 14. This proposed zoning amendment falls within the scope and policies of the City's Comprehensive Plan. 15. The original conditions of rezone request by Lorin Saunders included requirements that: The property be developed as a townhouse project under the conditional use permit process for a planned development; the minimum house size is to be 1,301 square feet; a recreational easement be provided for along Nine Mile Creekwith construction of a bike path; the grid system of Idaho Street be continued; and a development agreement be entered into as a condition of the rezone. 16. Sanitary sewer service to this site is being proposed via an existing main adjacent to Nine Mile Creek near the Sunrise Health Care (formerly Western Pines) facility. 17. Results of test hole investigations performed January 19, 1999, indicate that groundwater is somewhat shallow (approx. 2.5' from surface). The investigation was performed at a time when the groundwater table is generally near its annual low. The City of Meridian requires that street centerline elevations be designed to provide a minimum of 3 feet separation from the seasonal high groundwater elevation. This is an effort to ensure that crawl spaces under homes will be above the ground water. 18. The legal description submitted with the application appears to meet all of the criteria required by Meridian City Resolution 158, and the Idaho FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF TREMONT PLACE SUBDIVISION - 4 State Tax Commission. 19. A development agreement was required for this project, as a ' condition of the original rezoning of the property. 20. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: 20.1 The applicant's request for an R-8 zone with "no conditions" can obviously not be granted; however, the original conditions shall be modified to provide as follows: A. that 100% of houses in the subject project need not be a minimum of 1,301 sq.ft. but the developer shall comply �,vith Meridian City Zoning and Development Ordinance 2- 411(D)(2) and (3); B. single family housing be allowed in lieu of townhouse development; and C. that the subject property need not be developed as a planned development under the conditional use permit process. 20.2 The proposed sewer profiles submitted with the application - indicate that the sewer system is being proposed at less than minimum grades and, in some cases, less than minimum depths. Fill material must be used if necessary to achieve the desired design criteria. 20.3 Water service to this site is to come from existing 6" main located in W. Eighth Street and Broadway Avenue. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF TREMONT PLACE SUBDIVISION - 5 20.4 The pressurized irrigation system within this development is to be owned and maintained by the Nampa & Meridian Irrigation District. 20.5 The City of Meridian requires that street centerline elevations be designed to provide a minimum of 3 feet separation from the seasonal high groundwater elevation. 20.6 Applicant shall not pipe the Nine Mile Drain and shall provide a multiple use pathway along the drain and utilize Nine Mile Drain as an amenity to the development. CONCLUSIONS OF LAW 1. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 2. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 3. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 3.1 This proposed zoning amendment falls within the scope and policies of the City's Comprehensive Plan. 4. The requested zoning of Medium Density Residential (R-8) without conditions is defined in the Zoning Ordinance at 11-2-408B(7) as follows: (R-8) Medium Density Residential District: The purpose of the (R-8) District is to permit the establishment of single- and two-family dwellings at a density not FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF TREMONT PLACE SUBDIVISION - 6 exceeding eight (8) dwelling units per acre. This district delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two-family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal Water and Sewer systems of the City of Meridian is required. 5. That Section 11-2-409, ZONING SCHEDULE OF USE CONTROL, A, Residential, lists residential uses allowed in the R-4, R-8, R-15 and R- 40 zone. 6. That Idaho Code § 67-6511 provides and requires that the City shall establish by ordinance one or more zones or zoning districts in accordance with the adopted Comprehensive Plan and the ordinance establishing zoning districts can be amended with particular consideration given to the effects of any proposed zone change upon the delivery of services by any political subdivision providing public services, including school districts, within the City's planning jurisdiction and that it is in conformance with the Comprehensive Plan. 7. § 11-2-407 A ZONING DISTRICT MAP provides in part as follows: The districts established in this Ordinance as shown on the Official Zoning Map, together with all explanatory matter thereon, are hereby adopted as part of this Ordinance. Where uncertainty exists with respect to the boundaries of any of the zoning districts as shown on the Official Zoning Map, the following shall apply: 7.1 Where district boundaries are indicated as approximately following the centerline of street lines, highway right-of-way lines, streams, lakes or other bodies of water, the centerline shall be FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF TREMONT PLACE SUBDIVISION - 7 • 0 construed to be such boundary; 7.2 Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries; 7.3 Where district boundaries are so indicated that they are approximately parallel to the centerlines or street lines of streets, or the centerlines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Official Zoning Map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the Official Zoning Map; and 7.4 Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located in the middle of the main tracks of said railroad line. 8. That § 11-2-416 K GENERAL STANDARDS APPLICABLE TO ZONING AMENDMENTS provides in part as follows: The Commission and Council shall review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment: 1. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; 2. Is the area included in the zoning amendment intended to be rezoned in the future; 3. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning - for example, a residential area turning into commercial area by means of conditional use permits; 4. Has there been a change in the area or adjacent areas which may FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF TREMONT PLACE SUBDIVISION - 3 dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or _ planned or adjacent area being developed in a fashion siMilar'to the proposed rezone area; 5. Will the proposed uses 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; 6. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; 7. Will the area 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 zoning amendment shall be able for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; 8. 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; 9. Will the proposed uses 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; 10. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; 11. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 12. Is the proposed zoning amendment in the best interest of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF TREMONT PLACE SUBDIVISION - 9 DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW WHICH ARE HEREIN ADOPTED, the City Council does hereby Order and this does Order: 1. That the City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the redesignation of the zoning for the real Property included in the application to (R-8) Medium Density Residential. 2. The Meridian City Council hereby approves the rezoning as requested by the Applicant for the property described in the application subject to the following: 2.1 a. that 100% of houses in the subject project need not be a minimum of 1,301 sq.ft. but the developer shall comply with Meridian City Zoning and Development Ordinance 2- 411(D)(2) and (3); b. single family housing be allowed in lieu of townhouse development; and C. that the subject property need not be developed as a planned development under the conditional use permit process. 2.2 The proposed sewer profiles submitted tivith the application indicate that the sewer system is being proposed at less than minimum grades and, in some cases, less than minimum depths. Fill material must be used if necessary to achieve the desired design criteria. 2.3 Water service to this site is to come from existing 6" main located in W. Eighth Street and Broadway Avenue. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF TREMONT PLACE SUBDIVISION - 10 • 0 2.4 The pressurized irrigation system within this development is to be owned and maintained by the Nampa & Meridian Irrigation District. 2.5 The City of Meridian requires that street centerline elevations be designed to provide a minimum of 3 feet separation from the seasonal high groundwater elevation. 2.6 Applicant shall not pipe the Nine Mile Drain and shall provide a multiple use pathway along the drain and utilize Nine Mile Drain as an amenity to the development. 2.7 Developer enter into a Development Agreement, that provides in the event the conditions therein are not met by the Developer the rezoning to Medium Density Residential (R-8) will be declared null and void. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF TREMONT PLACE SUBDIVISION - 1 1 • 0 NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the rezoning may, tivithin twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on 1999. ROLL CALL COUNCILMAN RON ANDERSON VOTED WCL COUNCILMAN GLENN BENTLEY - VOTED 0— COUNCILMAN KEITH BIRD VOTED Q - COUNCILMAN CHARLIE ROUNTREE VOTED CL, MAYOR ROBERT CORRIE (TIE BREAKER) VOTED DATED: MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF TREMONT PLACE SUBDIVISION - 12 Copy served upon Applicant, the Planning and Zoning Department and the Public Works Department. BY: Ar City Clerk ey/ZAWor1<w1\N1eridian 13360KTremontPlace Plat&Rez\RZ.fcs Dated: _l — C7 `l Of �i \ r � r SMS 7 � �rrrirurt� tititt����� FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF TREMONT PLACE SUBDIVISION - 13 CITY OF MERIDIAN ORDINANCE NO. 53 AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING SECTIONS 2 AND 3 OF ORDINANCE NO. 765; AND PROVIDING FOR A DEVELOPMENT AGREEMENT FOR THE REAL PROPERTY THAT IS THE SUBJECT OF ORDINANCE NO. 765; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That Sections 2 and 3 of Ordinance No. 765 of the City of Meridian, be, and the same are hereby repealed. SECTION 2. That the real property described in Section 1 of Ordinance No. 765 of the City of Meridian is, and the same is hereby subject to and governed by the terms and conditions of that certain Development Agreement dated the 17`' day of August, 1999, by and between the City of Meridian and Michael Homan, President of Luna Vista, Inc., recorded as Instrument No. ��� records of the Ada County Recorder's Office. SECTION 3. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. � w�V� aF M� G4U ID TYAVARRO�R 7. DAVSIDAHO TREMONT PLACE SUBDIVISION ss, hU 25 g' � (LUNA VISTA, INC.) ORDINANCE - 1 • Cl J SECTION 4. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. — PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of c47 ,±-x 1(--- , 1999. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this /74 day of Ac, j f- , 1999. ATTE T: 9,City Clerk STATE OF IDAHO,) ss. County of Ada Of nR.T`l:ary .lye "` W a N SEAL - 9p �T tst •��. On this / 8 day of Akq , 1999, before me, the undersigned, a Notary Public in and for said S e, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my office;jja4 t ahe day and year first above written. �® Q' •• 0 go •• 1110 �� s (STARy 00 10,NO Y PUBLIC FOl� IDAHO RESIDING AT: - 'AV a :• AUBV, MY COMMISSION EXPIRES:a4DOOL- Ar •• J' ••� .••,g�yyp,. M r1'$ tk lr�►o15360MUremontPlace Plat&Rez�RZtwoLunaVistaOrdinance o r -,� TREMONT PLACE SUBDIVISION (LUNA VISTA, INC.) ORDINANCE - 2 MERIDIAN CITY COUNCIL MEETING: AUGUST 17 1999 APPLICANT: LUNA VISTA INC AGENDA ITEM NUMBER: 9 REQUEST: REZONE ORDINANCE FOR TREMONT PLACE SUBDIVISION AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: COMMENTS SEE ATTACHED ORDINANCE MERIDIAN POST OFFICE: � I ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: / CENTRAL DISTRICT HEALTH: V 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. • n U WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P. A. ATTORNEYS AT LAW JUSTIN P. AYLSWORTH JULIE KLEIN FISCHER WM. F. GIGRAY, III D. SAMUEL JOHNSON WILLIAM A. MORROW CHRISTOPHER S. NYE PHILIP A. PETERSON STEPHEN L. PRUSS ERIC S. ROSSMAN TODD A. ROSSMAN R. STEPHEN RUTHERFORD TERRENCE R. WHITE William G. Berg, Jr. Meridian City Hall 33 E. Idaho Street Meridian, Idaho 83642 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208) 288-2499 FAX (208) 288.2501 Email via Internet @ wfg@wppmg.com August 11, 1999 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 AUG 1 1 1999 CITY OF MERIDUNT Re: LUNA VISTA, INC. / TREMONT PLACE SUBDIVISION ZONING ORDINANCE AMENDMENT Dear Will: Please find enclosed the above ordinance for the zoning amendment for Luna Vista, Inc. / Tremont Place Subdivision. Please place this ordinance on the upcoming August 17, 1999, City Council agenda. This ordinance may be passed as the Findings of Fact and Conclusions of Law and Decision and Order Granting Application for Annexation and Zoning have been adopted. It is my understanding that the Developer has executed the Development Agreement, as of yesterday, August 10, 1999, and the Development Agreement will need to be addressed first on the agenda before the Ordinance. Also, within the Ordinance you will need to supply the necessary information in Section 2 pertaining to the Instrument No. If you have any questions arise, please advise. V9F.Gigray,III yours, msg\Z:\work\M\Meridian 15360M\TremontPlace Plat&Rez\Clerk on Ord.Ltr n u CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Clerk, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. 6.3 passed by the City Council of the City of Meridian, on the day of 1999, is a true and correct copy of the original of said document which is in the are, custody and control of the Qy, Clerk of the City of Meridian. "fir r $ AI' PgLLIAM G. BERG, JR. STATE OF IDAHO,f`''%,f,UtsJe`it�4�`����`,1` tit . g�. County of Ada, On this 8 day ofIt , in the year 1999, before me, a Notary Public, appeared WILLAM G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. .•0—yEL L. -'4#,� OTA R '� Nota ublic for Idaho • pUBLZG Commission Expires: �0 t • 360M\TremontPlace Plat&Rez\CertificationOfClerkRZOrd CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN ** TX CONFIRMARN REPORT ** AS OF AUG 23 914:04 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD# STATUS 15 08/23 14:03 PUBLIC WORKS OF --S 00'38" 003 103 OK --------------------------------------------------------------------------. ROBERT 0CORRM A Good Place to Live CITY OF MERIDIAN cH,+Rt_Es Roc'NT� 33 E.aST IDAHO GLENN BEYt7�y NIERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) SS8—W33 • Fu (208) 887-1813 KZITH BIRD FACSIMILE COVER SHEET LEGAL DER-kRTMENT I:oB) 884.12('.1 PUBLIC WORKS B UILDING DEPART, LENT (203)337.2211 PLANNING AND ZONING DEPAM, IE.1T (203)$34-5533 FAX NUMBER:_ 9-7-120/7 DATE: AL39g TO: f Re )i [- TITLE/DEPARTMENT: P/w CONFIDENTIAL: YES NO TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET): M: CITY OF MERIDIAN - FAX NUMBER: (208) 888-4218 NAME: c�� xR-49 Zone- PLEASE CALL US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS SUCCESSFULLY (208) 888-4433. ** TX CONF I RMA1 REPORT ** AS OF AUG 23 #5:42 PAGE . 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD# STATUS 19 08/23 15:41 208 888 1097 EC --S 00'55" 002 111 OK -------------------------------------------------------------------------- CITY OF MERIDIAN ORDINANCE NO. R-37 BY COUNCIL MEMBER. a AN ORDINANCE OF THE CITY OF MERIDIAN, IDAHO, AMENDING SUBSECTION A 1. OF SECTION 4 OF CHAPTER 8 OF TITIE I MERIDIAN CITY CODE TO INCREASE THE MAYORS SALARY TO $1,667.00 PER MONTH AND DELETING ANY PROVISION FOR SEPARATE SALARY FOR COUNCIL PRESIDENT; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE C1'I"X OF MERIDIAN, IDAHO: SECTION 1: That Subsection A 1. of Section 4 of Chapter 8 of Title 1 Meridian City Code be amended and the same is hereby amended to read as follows: 1-8-4: SALARIES: A. Elective Officers: 1. Mayor: The salary of the Mayor shall be one theusand two h"dred dollars ($1,290.99) one thousand six hundred sixty- seven dollars ($1,667.00) per month, payable monthly. 2. Council: The salary of each member of the Council shall be five hundred dollars ($500.00) dollars per month, payable monthly. SECTION 2: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 3: VALIDITY: The Meridian City Council hereby declares that any section, paragraph, sentence or word of this Ordinance as adopted and ORDINANCE, MAYOR'S SALARY - I ** TX CONFIRMATION REPORT ** DATE TIME TO/FROM 21 08/23 16:09 208 888 1097 AS OF AUG 23 '016:10 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD## STATUS EC --S 00'56" 002 115 OK CITY OF MERIDIAN ORDINANCE NO. 9� AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING SEC'T'IONS 2 AND 3 OF ORDINANCE NO. 765; AND PROVIDING FOR A DEVELOPMENT AGREEMENT FOR THE REAL PROPERTY THAT IS THE SUBJECT OF ORDINANCE NO. 765; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That Sections 2 and 3 of Ordinance No. 765 of the City of Meridian, be, and the same are hereby repealed. SECTION 2. That the real property described in Section 1 of Ordinance No. 765 of the City of Meridian is, and the same is hereby subject to and governed by the terms and conditions of that certain Development Agreement dated the 17`h day of August, 1999, by and between the City of Meridian and Michael Homan, President of Luna Vista, Inc., recorded as Instrument No. q 1023QSYc2l , records of the Ada County Recorder's Office. SECTION 3. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. TlUMONT PLACE SUBDIVISION (LUNA VISTA, INC.) ORDINANCE - 1 Mavor NUB OF TREASURE VALLEY ROBERT 0. CCRRIE A Good Place to Live C=aQIMeX,t= CITY OF MER AN CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY iMERMLAN, IDAHO 83642 RON ANDERSON Phone (208) 338-4433 - Fax (208) 887-1313 KEITH BIRD FACSIMILE COVER SHEET LEGAL DEPART-ME:NT (=03) 334--L2fia PUBLIC WORKS BUILDING DEPARTMENT ('_08)337-2211 PLANNING AND ZONING DEPARTMENT (208) 33.1.5533 FAX NUMBER: Y9% - 12 ?7- DATE: 0 /got TO: "BJCU(,E F2F_r /L/ ,-r7-A41 TITLE/DEPARTMENT: CONFIDENTIAL: YES NO )C TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET): M: CITY OF MERIDIAN - FAX NUMBER: (208) 888-4218 TITLE/DEPAF COMMENTS: /Vt%O M 40 ! if : I HeA qtv. PLEASE CALL US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS SUCCESSFULLY (208) 888-4433. J U L 15 1999 i n t e r o f f ice CITY Off'LfflD1A..N MEMORANDUM To: dam G. erg, =',fir. cc: Angel Sims Wm. F. Gigray, III From: Marlene St. Geor Subject: TREMONT PLACE SUBDIVISION BY LUNA VISTA File No.: RZ-99-003 Date: July 15, 1999 Will: This memo is to update you pertaining to the above file, and pursuant to several calls which I have received from Angel and yourself. I have been in the process of trying to obtain a correct legal, in which I did obtain one about a week ago, only to learn it was for Tremont Place II Subdivision. Therefore, I re -sent a memo to Public Works to obtain the right legal. In reviewing the file today with Bruce Freckleton we realized we have three different legals, therefore, Bruce will be contacting their Engineers today to obtain a correct legal in this matter. At this point we do not know what legal to use within the processed application, as this matter dates back to when the Saunders had the property. did inform Bruce this rezone came before Council back in May, and to so inform the Engineers that we cannot proceed with this rezone until we obtain the correct legal. As I have informed you before, I do have the documents ready and waiting for the insertion of the correct legal. Hopefully, I will be provided with the correct legal soon so that I can proceed to move this matter forward to your office. If you have any questions please advise. msg/Z:\Work\M\Meridian 15360M\TremontPlace Plat&Rez\UpdateCityCI1c071599.mem 9 • Meridian City Council Meeting July 20, 1999 Page20 Rountree: Second. Corrie: Motion made and seconded to close the public hearing on item #8. Further discussion? Hearing none, all in favor of the motion say aye. MOTION CARRIED: ALL AYES. Rountree: Mr. Mayor? Corrie: Mr. Rountree. Rountree: I move that we have the city attorney prepare findings of fact and conclusions of law to reflect favorably on the request for variance for this application. Bird: Second. Corrie: Ok, motion made and seconded to have the attorney draw up the findings of fact and conclusions of law in favor of the variance and (inaudible) proper order. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. ITEM #9 CONTINUED PUBLIC HEARING: REQUEST FOR REZONE OF .967 ACRES (FROM R-4 TO R-8 WITH CONDITIONS FOR SINGLE FAMILY RESIDENTIAL) FOR TREMONT PLACE SUBDIVISION NO 2. BY LARRY & KAY HANSEN --- BROADWAY & 8T" STREET (951 W. PINE STREET): Corrie: At this time we'll open the public hearing and we'll have the staff comments first, Shari. Stiles: Mr. Mayor and council, this rezone application was submitted due to the fact that there was an error on the original ordinance as far as rezoning it to a R-4. But the R-4 also placed conditions on it that it was required to be developed as a planned development and that town house units be proposed. They now want to develop in conjunction with Tremont Place Subdivision No. 1, and would like to continue the single -family residential development that they have with Tremont Place Subdivision No. 1. 1 guess I'll just address just that rezoning right now. We have the plat right after this so if you have any questions. Corrie: Any questions for the staff? Bird: I have none. Meridian City Council Meeting July 20, 1999 Page21 Rountree: Mr. Mayor? Corrie: Mr. Rountree. Rountree: Just to refresh my memory Shari, didn't we discuss this and look at this possibility when Tremont Place was here for approval and annexation? Stiles: Yes, we did. Rountree: And the applicants testified that they thought they might be doing this in the future. Corrie: Public hearing, is the applicant for the request for rezone here (inaudible)? Unger: Mr. Mayor and council members, my name is Bob Unger and I'm with Pinnacle Engineers. Our address is 870 N. Linder Suite B, Meridian, Idaho and we represent the Hansens on this project. We're requesting the rezone on the property. These are the lots that we're looking at right here to develop. We're requesting the rezone to make it more compatible with the previously approved Tremont Place No. 1, which was approved by this council approximately six weeks ago. We have four new building lots, which are right here, and we have the fifth lot which is their existing residence which already has sewer and water off Pine. We would continue the sewer and water from Tremont No. 1 into the four lots. We're providing a temporary turnaround and as in No. 1 we'll be providing pressurized irrigation for the additional lots. The lots are 6500 square feet which does comply with the city code. Of course this is their existing residence and I think they're going to retain approximately 14,000 square feet, a little over 14,000 square feet, for the existing home. The project is in compliance with the city comprehensive plan and the city code and it will be an addition, like we said, to Tremont No. 1. Both projects are compatible with the surrounding areas and uses. I think that's a pretty good summary of it and we'll stand for any questions you might have. Corrie: Questions, council? Bird: I have none. Rountree: 1 have none. Corrie: Ok. Unger: Thank you. 9 r Meridian City Council Meeting July 20, 1999 Page22 Corrie: (Inaudible) like to issue testimony in item #9? Hearing none. Council, questions, testimonial? Bird: I have none. Corrie: Ok, I entertain a motion to close the public hearing. Bentley: So moved. Anderson: Second. Corrie: Motion made and second to close the public hearing on item # 9. Further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Corrie: Any discussion of council. All: I have none. Corrie: Hearing none I'll entertain a motion then on the request for rezone. Rountree: Mr. Mayor? Corrie: Mr. Rountree. Rountree: I move that we have the city attorney prepare findings of facts, decision in order and in annexation, no we don't need annexation, excuse me rezone ordinance for rezone of Tremont Place No. 2. Bentley: Second. Corrie: Motion is made and seconded to approve the rezone and have the attorney draw up the findings of fact and conclusions of law in the proper order. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. ITEM #10 CONTINUED PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR TREMONT PLACE SUBDIVISION NO. 2 (ONE EXISTING, FOUR NEW BUILDING LOTS) BY LARRY AND KAY HANSEN --- BROADWAY & 8T" STREET (951 W. PINE STREET): �i BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN In The Matter of The Request For REZONE OF APPROXIMATELY 9.838 ACRES FOR PROPOSED TREMONT PLACE SUBDIVISION, LUNA VISTA, INC. Applicant Case No: RZ-99-003 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR REZONING The above entitled matter on the rezoning application of 9.838 acres having come on for public hearing on May 18, 1999, at the hour of 7:30 o'clock p.m., and Council having received the report of Shari Stiles, Planning and Zoning Administrator, and Bob Unger of Pinnacle Engineers having appeared on behalf of the applicant, and no one appeared in opposition to the request, and the Council having received the record of this matter made before the Planning and Zoning Commission, and having received their Recommendation to the City Council, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for rezoning was published for two (2) consecutive weeks prior to said public hearing scheduled for FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF TREMONT PLACE SUBDIVISION - 1 May 18, 1999, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that 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 City Council at the May 18, 1999, public hearing; 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 and 67-6511, and §§ 11-2-416E and 11-2-417A, Municipal Code of the City of Meridian. 3. The City Council 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, Ordinance No. 629 — January 4, 1994, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property is approximately 9.838 acres in size. The property is generally located at 725 W. 8th Street in Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF TREMONT PLACE SUBDIVISION - 2 0 C� 5. The owner of record of the subject property is Broadway Estates, Meridian, Idaho. Idaho. M 6. The Applicant is Luna Vista, Inc., 9020 Black Eagle Drive, Boise, 7. The property is presently zoned Medium Density Residential (R- 8. The Applicant requests the property be rezoned to Medium Density Residential (R-8) without conditions. Meridian. 9. The proposed site is vacant. 10. The subject property is within the city limits of the City of 11. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 12. The Applicant proposes to develop the subject property in the following manner: Develop and construct Single Family Residential (4.38 D.U./Acre net) housing. - 13. The Applicant's requested rezoning of the subject real property as Medium Density Residential (R-8) without conditions, is consistent with the commercial designation on the Meridian Comprehensive Plan Generalized Land Use J0 Map which designates the subject property as Existing Urban. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF TREMONT PLACE SUBDIVISION - 3 • • 14. This proposed zoning amendment falls within the scope and policies of the City's Comprehensive Plan. 15. The original conditions of rezone request by Lorin Saunders included requirements that: The property be developed as a townhouse project under the conditional use permit process for a planned development; the minimum house size is to be 1,301 square feet; a recreational easement be provided for along Nine Mile Creek with construction of a bike path; the grid system of Idaho Street be continued; and a development agreement be entered into as a condition of the rezone. 16. Sanitary sewer service to this site is being proposed via an existing main adjacent to Nine Mile Creek near the Sunrise Health Care (formerly Western Pines) facility. 17. Results of test hole investigations performed January 19, 1999, indicate that groundwater is somewhat shallow (approx. 2.5' from surface). The investigation was performed at a time when the groundwater table is generally near its annual low. The City of Meridian requires that street centerline elevations be designed to provide a minimum of 3 feet separation from the seasonal high groundwater elevation. This is an effort to ensure that crawl spaces under homes will be above the ground water. 18. The legal description submitted with the application appears to meet all of the criteria required by Meridian City Resolution 158, and the Idaho FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF TREMONT PLACE SUBDIVISION - 4 • State Tax Commission. 19. A development agreement was required for this project, as a condition of the original rezoning of the property. 20. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: 20.1 The applicant's request for an R-8 zone with "no conditions" can obviously not be granted; however, the original conditions shall be modified to provide as follows: A. that 100% of houses in the subject project need not be a minimum of 1,301 sq.ft. but the developer shall comply with Meridian City Zoning and Development Ordinance 2- 411(D)(2) and (3); B. single family housing be allowed in lieu of townhouse development; and C. that the subject property need not be developed as a planned development under the conditional use permit process. 20.2 The proposed sewer profiles submitted with the application - indicate that the sewer system is being proposed at less than minimum grades and, in some cases, less than minimum depths. Fill material must be used if necessary to achieve the desired design criteria. 20.3 Water service to this site is to come from existing 6" main located in W. Eighth Street and Broadway Avenue. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF TREMONT PLACE SUBDIVISION - 5 20.4 The pressurized irrigation system within this development is to be owned and maintained by the Nampa SL Meridian Irrigation District. 20.5 The City of Meridian requires that street centerline elevations be designed to provide a minimum of 3 feet separation from the seasonal high groundwater elevation. 20.6 Applicant shall not pipe the Nine Mile Drain and shall provide a multiple use pathway along the drain and utilize Nine Mile Drain as an amenity to the development. CONCLUSIONS OF LAW 1. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 2. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 3. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 3.1 This proposed zoning amendment falls within the scope and policies of the City's Comprehensive Plan. - 4. The requested zoning of Medium Density Residential (R-8) without conditions is defined in the Zoning Ordinance at 11-2-408B(7) as follows: (R-8) Medium Density Residential District: The purpose of the (R-8) District is to permit the establishment of single- and two-family dwellings at a density not FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF TREMONT PLACE SUBDIVISION - 6 exceeding eight (8) dwelling units per acre. This district delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two-family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal Water and Sewer systems of the City of Meridian is required. 5. That Section 11-2-409, ZONING SCHEDULE OF USE CONTROL, A, Residential, lists residential uses allowed in the R-4, R-8, R-15 and R- 40 zone. 6. That Idaho Code § 67-6511 provides and requires that the City shall establish by ordinance one or more zones or zoning districts in accordance with the adopted Comprehensive Plan and the ordinance establishing zoning districts can be amended with particular consideration given to the effects of any proposed zone change upon the delivery of services by any political subdivision providing public services, including school districts, within the City's planning jurisdiction and that it is in conformance with the Comprehensive Plan. follows: 7. § 11-2-407 A ZONING DISTRICT MAP provides in part as The districts established in this Ordinance as shown on the Official Zoning Map, together with all explanatory matter thereon, are hereby adopted as part of this Ordinance. Where uncertainty exists with respect to the boundaries of any of the zoning districts as shown on the Official Zoning Map, the following shall apply: 7.1 Where district boundaries are indicated as approximately following the centerline of street lines, highway right-of-way lines, streams, lakes or other bodies of water, the centerline shall be FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF TREMONT PLACE SUBDIVISION - 7 construed to be such boundary; 7.2 Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries; 7.3 Where district boundaries are so indicated that they are approximately parallel to the centerlines or street lines of streets, or the centerlines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Official Zoning Map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the Official Zoning Map; and 7.4 Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located in the middle of the main tracks of said railroad line. 8. That § 11-2-416 I< GENERAL STANDARDS APPLICABLE TO ZONING AMENDMENTS provides in part as follows: The Commission and Council shall review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment: Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; 2. Is the area included in the zoning amendment intended to be rezoned in the future; 3. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning - for example, a residential area turning into commercial area by means of conditional use permits; 4. Has there been a change in the area or adjacent areas which may FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF TREMONT PLACE SUBDIVISION - 8 0 • dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; 5. Will the proposed uses 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; 6. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; 7. Will the area 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 zoning amendment shall be able for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; 8. 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; 9. Will the proposed uses 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; 10. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; 11. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 12. Is the proposed zoning amendment in the best interest of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF TREMONT PLACE SUBDIVISION - 9 0 DECISION AND ORDER • NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW WHICH ARE HEREIN ADOPTED, the City Council does hereby Order and this does Order: 1. That the City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the redesignation of the zoning for the real Property included in the application to (R-8) Medium Density Residential. 2. The Meridian City Council hereby approves the rezoning as requested by the Applicant for the property described in the application subject to the following: 2.1 a. that 100% of houses in the subject project need not be a minimum of 1,301 sq.ft. but the developer shall comply with Meridian City Zoning and Development Ordinance 2- 411(D)(2) and (3); b. single family housing be allowed in lieu of townhouse development; and C. that the subject property need not be developed as a planned development under the conditional use permit process. 2.2 The proposed sewer profiles submitted with the application indicate that the sewer system is being proposed at less than minimum grades and, in some cases, less than minimum depths. Fill material must be used if necessary to achieve the desired design criteria. 2.3 Water service to this site is to come from existing 6" main located in W. Eighth Street and Broadway Avenue. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF TREMONT PLACE SUBDIVISION - 10 2.4 The pressurized irrigation system within this development is to be owned and maintained by the Nampa SL Meridian Irrigation District. 2.5 The City of Meridian requires that street centerline elevations be designed to provide a minimum of 3 feet separation from the seasonal high groundwater elevation. 2.6 Applicant shall not pipe the Nine Mile Drain and shall provide a multiple use pathway along the drain and utilize Nine Mile Drain as an amenity to the development. 2.7 Developer enter into a Development Agreement, that provides in the event the conditions therein are not met by the Developer the rezoning to Medium Density Residential (R-8) will be declared null and void. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF TREMONT PLACE SUBDIVISION - 11 0 0 NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the rezoning may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on Z(,L,n le_ JI 4�, 1999. ROLL CALL COUNCILMAN RON ANDERSON VOTED COUNCILMAN GLENN BENTLEY VOTED_Lf� COUNCILMAN KEITH BIRD VOTED Q - COUNCILMAN CHARLIE ROUNTREE VOTED WOL MAYOR ROBERT CORRIE (TIE BREAKER) VOTED DATED: MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF TREMONT PLACE SUBDIVISION - 12 • �:j Copy served upon Applicant, the Planning and Zoning Department and the Public Works Department. By: City Clerk ey/ZAWork\M\Meridian 15360M\TremontPlace Plat&Rez\RZ.fcs Dated: t-1— q ~ Sl:aliSiJ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF TREMONT PLACE SUBDIVISION - 13 Meridian City Council Meeting June 1, 1999 Page 4 Corrie: Motion made and second that accept ordinance #817 annexation and zoning for Kathleen and Wendell Lawrence with suspension of rules. Any further discussion? Hearing none, roll call vote. ROLL CALL VOTE: ANDERSON, YEA. BENTLEY, YEA. BIRD, YEA. ROUNTREE, YEA. MOTION CARRIED: ALL YEAS. Rountree: Mr. Mayor, shouldn't we extend the tabling of item number three to a date certain? Corrie: Yes, until the 15th is what the – I believe, Steve is that correct on that one? The 15th of June? Rutherford: Yes. Corrie: Okay. Rountree: Mr. Mayor I would move that we continue item number three conditional use permit for childcare facility for 50 children to June 15th. Bentley: Second. Corrie: Motion is made and second that we continue the tabling of the Findings of Fact and Conclusions of Law for the conditional use permit until the 15th of June, 1999. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 6. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR REZONE OF 9.838 ACRES FROM R-8 WITH CONDITIONS FOR TOWNHOUSES TO R-8 WITHOUT CONDITIONS FOR PROPOSED TREMONT PLACE SUBDIVISION BY LUNA VISTA, INC.—BROADWAY & 8T" STREET (725 W. 8TH): Stiles: Mr. Mayor, I would like to request a couple of changes to the conditions. On page 10, under 2.1 B that the word, "required" be changed to "allowed" in case something happens and some other development comes up that they at least be able to meet the R-8 requirements. Also on page 11, under 2.6 that the applicant shall not pipe the Nine Mile Drain, and shall provide a multiple use pathway along the drain as represented in public hearings. I believe that was the intent of the Planning and Zoning Meridian City Council Meeting June 1, 1999 Page 5 Commission. If Mr. MacCoy remembers something else, maybe he could speak to that, but they did initially propose piping the Nine Mile Drain, but we would like it to remain open and it to be used as a pathway, except for where the sewer crosses. Corrie: Okay. Any other comments Shari? Is there anyone here from the Tremont Place Subdivision tonight? Stiles: If you have any questions, I could give you some background on the project. Anderson: Those changes you just mentioned, Shari, is the developer aware of those? I mean that was original testimony, but he's aware of those? Stiles: The original application they did propose to have — to pipe the Nine Mile Drain. This is at the end of Broadway. It's in between the end of Broadway and where the Sunrise Health Center is. It's all open all through there, and they had initially proposed to pipe it, but we asked them to leave it open and use it as an amenity. Anderson: And they agreed to that? Stiles: Yes, they show it as a common lot on their plat. Rountree: They testified to that effect. Corrie: Mr. Rutherford, do we need an amendment to the Ordinance on this one? Do you know for sure? Rutherford: Mayor, Council members, point of information in speaking with Mr. Gigray we felt that it would be a situation where tonight if the Council chose they could approve the Findings of Fact and Conclusions of Law and set for the next City Council meeting to take up the ordinance because it's going to have to be an amended ordinance because there is an ordinance out there. Just kind of a strange posture of this one being a rezone as opposed to just — we're going to need to mess with the ordinance and it's going to be by an amendment. Corrie: Any other comments from staff then? Stiles: Yes, Mr. Mayor and Council, there were certain conditions placed on this property as a result of the rezoning to an R-8. It would require an amended ordinance hopefully the same number as the original one that would change those conditions and we could incorporate all that within that ordinance. Corrie: Council discussion? I'll entertain a motion on the Findings of Fact and Conclusions of Law. 0 • Meridian City Council Meeting June 1, 1999 Page 6 Rountree: Mr. Mayor I move we that approve the Findings of Fact and Conclusions of Law and Decision and Order with modifications made to the Decision and Order on page 10, item 2.1 B substituting the word "allowed" for the word "acquired". And on page 11 of the same document item 2.6 that should read the applicant shall not pipe the Nine Mile Drain and shall provide a multiple use pathway along Nine Mile Drain and utilize Nine Mile Drain as an amenity to the development. Bentley: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bentley to approve the Findings of Fact and Conclusions of Law with the additions and corrections in the motion. Is there any further discussion? Hearing none, roll call vote. ANDERSON, YEA. BENTLEY, YEA. ROUNTREE, YEA. BIRD, YEA. MOTION CARRIED: ALL YEAS. Corrie: Do we need a motion on that to work the amendment on the ordinance or are you just going to do it? Rountree: That's in the Decision and Order. Corrie: Okay, all right. 7. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION & ZONING OF 5 ACRES (FOR L -O ZONING) BY LOMBARD CONRAD ARCHITECTS -1985 BLACK CAT: Corrie: Staff. Stiles: Mr. Mayor and Council, this would have required a development agreement according to the Decision and Order. The only thing I would request on page 16 under item 3.15 line three, I'd. ask -that the words "and approved" be changed to "for approval" by the Planning and Zoning Department. It's just a minor issue, but the way it's worded, it almost – not that it would happen in this case, but some people may think that the fact that they have provided a plan means it will be approved. Corrie: Anything else Shari? Stiles: No, that's all. Thank you. Corrie: Further discussion on item number seven by Council? I'll entertain a motion on item number seven. MERIDIAN CITY COUNCIL MEETING: JUNE 1, 1999 APPLICANT: LUNA VISTA, INC. AGENDA ITEM NUMBER: 6 REQUEST: REZONE OF 9.838 ACRES FOR TREMONT SUBDIVISION AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: 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: SEE ATTACHED FINDINGS INTERMOUNTAIN GAS: r or` BUREAU OF RECLAMATION: pty- t OTHER: All Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN CITY COUNCIL MEETING MAY 18, 1999 PAGE 7 ROLL CALL VOTE: ANDERSON, YEA. BENTLEY, YEA. ROUNTREE, YEA. BIRD, YEA. MOTION CARRIED: ALL YEAS. Corrie: Mr. Clerk, if you will publish the Ordinance #825 first and then Ordinance #826 second and then would you do a cover letter to the State Tax Commission of the sequential order that they have to do. Berg: Yes, Mr. Mayor, I will. 7. PUBLIC HEARING: REQUEST FOR REZONE OF 9.838 ACRES FROM R-8 WITH CONDITIONS FOR TOWNHOUSES TO R-8 WITHOUT CONDITIONS FOR PROPOSED TREMONT PLACE SUBDIVISION BY LUNA VISTA, INC.—BROADWAY & 8T" STREET (725 W. 8T"): Corrie: At this time I will open the public hearing and staff have you got any issues or want to address any of the recommendations first on this? Stiles: Mr. Mayor and Council, you have our comments. It's a little misleading how that's written. They're asking for an R-8 with conditions. This is previously rezoned by Loren Saunders, and the conditions that were put on it was that it had to be developed as a townhouse development as a planned development and that's the conditions they're asking to be changed. Of course they'll have to meet all conditions of the R-8 zone. Also they are asking for a change in the conditions that they not be required to meet the 1300 square foot minimum and that they be allowed to meet the mix of housing sizes that's allowed in the ordinance. The only somewhat outstanding issue that we've had a question on the is the emergency turnaround at the north end of 8t' Street there. If they're going to be required to have an emergency turnaround as part of those lots, they may be non buildable and I'm not sure that the fire department has signed off on the proposal they've shown on this plat. As long as they'll meet all the fire department's requirements for that, I really didn't have any other issues. I don't know if Gary – Smith: I don't havea comment on the rezone Mr. Mayor and Council. I do have a comment when the preliminary plat comes up. Gigray: Mr. Mayor, members of the Council, this would be a point of information and I would pose this as a matter of procedure and maybe give an opportunity for staff and the applicant and then if anyone else is here to testify about this. In preparation for this City Council meeting and reviewing the recommendations to the City Council that are submitted by the Planning and Zoning Commission, I noted that there was a reference in here and I'll refer to section 1.1 where it says the original conditions of rezone request by Loren Saunders included requirements of that and then there's a litany of things MERIDIAN CITY COUNCIL MEETING MAY 18, 1999 PAGE 8 there. There were some other indications in this recommendation that this area had been rezoned R-8 before, and the proposal here is a zone change. It's being treated as a zone change, but it appeared to me that the zone change application had more to do with conditions than changing an R-8 zone, because it's already an R-8 zone. In order for me if the Council would choose to grant portions of this application, I am concerned that I may have to or I would have to prepare possibly an ordinance that would amend some previous ordinance that had been enacted by the City Council that would provide for the present zoning of this property as R-8. In order to try to speed this along and allow an opportunity for debate in the public hearing on this, I ask the Clerk's office to see if we could identify what that previous ordinance was. I don't know if this is the correct one, but I've had provided to me a file and a copy of Ordinance #765, which appears to be an ordinance amending and changing the zoning of certain real property described there from an R-4 to an R-8 and the file that was provided to me indicated that the site plan that was part of that file seemed to match the site plan for this proposal that was in the packet that I received. Then I looked at the real property description in the ordinance and it describes a parcel that's 9.42 acres and this application when I look at it appeared to have a parcel that was 9.83 acres and comparing the two legal descriptions, they didn't exactly match which could pose some logistical problems if I ever had to draft an ordinance amending the previous ordinance, and I don't know whether or not a development agreement was ever prepared before. I don't know that there is one that exists. I don't have one in the file. So these are just logistical issues that I would need some direction from the Council at some point, and I think we need a record to address in order to effect any kind of granting of this application. So I guess you would just consider this as legal input at this point and go from there. And you can take judicial notice of your own records of previous actions. Corrie: All right, this is a public hearing, is the representative from Tremont Place Subdivision here this evening? Come up please and if you would address the issues of the recommendations first if you have any problems with any of the recommendations to the City Council. Unger: Mr. Mayor and Council members, my name is Bob Unger and I'm with Pinnacle Engineers and we represent Luna Vista who is the developer of this project. Our address is 870 N. Linder Road, Suite B, Meridian, Idaho. We have reviewed the conditions of approval as recommended by the Planning and Zoning Commission, and we do concur and agree to comply with those conditions. I don't know if you want me to go ahead and review the subdivision at this point or just the request for the rezone. Gigray: Mr. Mayor and members of the Council, I think you had just opened the public hearing on the rezone. Corrie: Rezone right. 0 0 MERIDIAN CITY COUNCIL MEETING MAY 18, 1999 PAGE 9 Unger: Okay. Actually Mr. Gigray is correct. The acreage that was originally in the proposal for the Saunders when the rezone took place requiring the townhouses, that was an incorrect acreage. We found the mistake in the boundary of this property when we did our survey on the property and that's why our application reflects.a higher acreage than the original Saunders proposal. Our client wishes to develop the property as single family residential development instead of the townhouses. We were advised by staff the only way to remove the condition for the townhouses was to reapply for a modification of the original zone change to remove that requirement for the townhouses and as such that's what we have requested in our application and applied for and that's what we're asking for this evening. Corrie: Okay, any question from Council? Gigray: Mr. Mayor, members of the Council, I'm sorry to interject here, but I would appreciate it if a member of the Council or if the Mayor could ask Mr. Unger if a legal description could be prepared that would cover the difference between the 9.42 acres that we have in ordinance #765 and the proposal here for 9.83 acres. My concern is that this gets a little complex because we may have some property that was not rezoned in 765. 1 don't know what zone it is, but it means I'll have to have sections in this ordinance that will refer — I think it meets the notice in the public hearings because the whole request was for the 9.38 so we're okay there, but in order for me to prepare an ordinance that is going to accomplish all of this, I would need a description that would denote the difference and then we'll have to locate what the zone was in that small parcel so that we change that, so that this all comes through this time and we get this straightened out. Corrie: I guess consider it asked then Bob. Unger: Mr. Mayor and Council, we would not have a problem at all. Our surveying staff identified the problem and it would be very easy for them to identify the discrepancy of the .41 acres so we certainly could provide not only a — we've already provided a meets and bounds legal description for the 9.83 and we can provide a meets and bounds legal description of the .41. Corrie: Okay. Gigray: Thank you Mr. Mayor. Corrie: Thank you. Anyone else from the audience who would like to issue testimony on this request for rezone? Hearing none, I'll entertain a motion to close the public hearing. MERIDIAN CITY COUNCIL MEETING MAY 18, 1999 PAGE 10 Gigray: Mr. Mayor, point of procedure. The Mayor might ask the audience that no one is here to protest or otherwise but that if anyone would object that they ought to lodge those objections at this time to allow Mr. Unger and the developer to augment this record in this to provide this description. I think it's all within what's been advertised and in the public hearing and so on and so forth. It will just be additional information that's going to be provided and I would imagine when you close the public hearing that would be with the provision that they could augment the record with that legal description. This is all very just technical, but I think you ought to give the audience here the opportunity if somebody objects to that, that they lodge that objection now. Otherwise we could then proceed and they would have had their opportunity to object. Corrie: Okay, is there anyone here that objects to that? Hearing none, no objections then I will entertain a motion. Anderson: Mr. Mayor I move that we close the public hearing. Rountree: Second. Corrie: Motion made and second that we close the public hearing. Further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Corrie: Questions from Council, discussion? Rountree: Mr. Mayor for a point of discussion, I tend to agree with the recommendations that were made by staff and Planning and Zoning when they heard this, that some of the conditions be modified, but not be eliminated. Corrie: Okay, any further comments from Council? Hearing none, I'll entertain a motion on the request for rezone. Rountree: Mr. Mayor I move that we have the City Attorney prepare Findings of Fact and Conclusions of Law along with the Decision of Order that reflects the recommendations of staff and Planning and Zoning Commission. Bird: Second. Corrie: Motion is made and second that we have the attorney draw up the Findings of Fact and Conclusions of Law and Order of the Recommendation. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. • • WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P. A. ATTORNEYS AT LAW JUSTIN P. AYLSWORTH JULIE KLEIN FISCHER WM. E GIGRAY, III D. SAMUEL JOHNSON WILLIAM A. MORROW CHRISTOPHER S. NYE PHILIP A. PETERSON STEPHEN L. PRUSS ERIC S. ROSSMAN TODD A. ROSSMAN R. STEPHEN RUTHERFORD TERRENCE R. WHITE William G. Berg, Jr. City Clerk 33 East Idaho Street Meridian, Idaho 83642 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208) 288-2499 FAX (208) 288.2501 Email via Internet @ wfg@wppmg.com May 27, 1999 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 RECEIVED MAY 2 7 1999 C1=j' ;'.i; 1eridian City Clerk Office Re: TREMONT PLACE SUBDIVISION BY LUNA VISTA, INC. / REZONE REQUEST - RZ-99-003 Dear Will: Regarding the above referenced matter, please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR REZONING prepared as per instructions from the Council meeting of May 18"', and which are on the agenda for June 1, 1999. Upon approval by the Council and the signatures by the Mayor and Council, please serve a copy of the FINDINGS, upon the Applicant, with a Certificate of Service in the file and a copy to Planning and Zoning and Public Works. If you have any questions, please give me a call. Very truly yours, R. Stephen Rut erford msg/Z:\Worlc\NI\Meridian 15360M\TremontPlace Plat&Rez\C1er1cFFCLR7-Ltr MERIDIAN CITY COUNCIL MEETING: MAY 18 1999 APPLICANT: LUNA VISTA, INC. AGENDA ITEM NUMBER: 7 REQUEST: REZONE OF 9.838 ACRES FOR TREMONT PLACE SUBDIVISION AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: 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: COMMENTS SEE ATTACHED MINUTES FROM P & Z SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED RECOMMENDATION FROM P & Z REVIEWED SEE ATTACHED COMMENTS REVIEWED SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS jo 6 BUREAU OF RECLAMATION: OTHER: SEE ATTACHED RESPONSE FROM PINNACLE ENGINEERS All Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN PLA APRIL 13, 1999§ING & ZONING COMMISSION PAGE 7 De Weerd: Mr. Chairman, I move that we continue the public hearing for request for preliminary plat for Sherbrooke Hollow Subdivision No. 4. Borup: Second. De Weerd: Oh, to May 11. MacCoy: Is that agreed to, Commissioner Borup? Borup: Pardon? MacCoy: She added the date. Borup: To May 11 (Inaudible). De Weerd: Date specific May 11. MacCoy: All in favor? MOTION CARRIED: All ayes. ITEM NO. 11: REQUEST FOR CONDITIONAL USE PERMIT FOR AN APPROXIMATELY 8,000 SQUARE FOOT BUILDING BY BILL & PAT GEYER – NE CORNER OF WILSON & LOCUST GROVE: (Inaudible) MacCoy: These are all May 11, that's what they have asked for. Have a motion for Item No. 11. Do you want to do Item No. 11? Borup: Lets just do it when we get there. MacCoy: You want to do it then? De Weerd: Yes please. MacCoy: You're discussion, you're decision, fine got no problems. ITEM NO. 4: REQUEST FOR REZONE OF 9.838 ACRES FROM R-8 WITH CONDITIONS FOR TOWNHOUSES TO R-8 WITHOUT CONDITIONS FOR PROPOSED TREMONT PLACE SUBDIVISION BY LUNA VISTA, INC— BROADWAY & 8TH STREET (725 W. 8TH): MacCoy: Is the applicant here by the way? Could you come forward? since we are continuing this public hearing. Do we need to have a closer look? Yes. MERIDIAN PLANGG & ZONING COMMISSION APRIL 13, 1999 PAGE 8 BOB UNGER, PINNACLE ENGINEERS, 870 N LINDER RD SUITE B, MERIDIAN, ID. Unger: We represent Luna Visa Inc. who is the applicant on this project and the developer. The project, I'm sure you folks have had plenty of time to review it. We were here a month ago. We are requesting a 36 lot single-family residential development and a rezone. We currently have an R-8 zoning on the property. That zoning was conditioned for townhouse development only. We are asking modification of that R-8 zone and that that condition be removed so we can develop this as single-family lots. We are proposing—we have two common lots, we have the Nine Mile Creek that runs right in this area here, that would be one common lot. We originally proposed to pipe the entire length of that. Staff has requested that that not be piped. So we will not be piping it. We will be piping a very small section right in through here in order to tie our sewer in that area. We also have a common lot right along the southern boundary—I'm not very good at holding still here—along the southern boundary there, that is between the development and the railroad right-of-way. Also, the Rutledge Irrigation Ditch runs down there and there is also a maintenance road for the Nampa Meridian Irrigation District. Staff has in their conditions required a 20 foot planting buffer between the right-of-way of the railroad and the lots. Since we have the -25 foot easement on the north side of our southern boundary for the Nampa Meridian Irrigation District, we are somewhat hindered in providing a 20 foot wide planting strip. We are able to provide a five foot berm and planting strip and I did bring that to staffs attention today, so that is what we would be proposing. We have sewer and water. Water is available to the site. Sewer we are going to have to go along the Nine Mile Creek approximately 1,500 feet to the west and tie in at the elderly, the assisted elderly center that is there on Pine. That is the closest area that we can connect to sewer and still meet acceptable grades for the sewer flows. The roads that we are proposing are --would be built to Ada County Highway District and city standards which would include five foot sidewalks. Along the northern boundary of the Nine Mile Creek, we are proposing a pedestrian path, that was also a suggestion and requirement of your staff. We are providing two drainage lots, one right here and one right down to here. We will be able to discharge a run off into the Nine Mile Creek with appropriate pre- treatment as required by Nampa Meridian. All the lots are of 6,500 square feet or larger. We are proposing a variety of house sizes ranging form 1,001 square feet to 1,301 square feet. We would like to disperse those throughout the entire development and not just keep those instead of going 1,000 – you know 1,100- 1,200-1,300 we would like to disperse those throughout the entire development. We are proposing a pressurized irrigation system that would be owned and maintained by the Tremont Homeowners Association. We feel this is a good infill project, to the east of this project, we have condominiums, triplexes, duplexes development in R-15 zoning. To the west is currently vacant and to the north, on the north side of Pine Street that is all pretty much all single-family residential MERIDIAN PLANIOG & ZONING COMMISSION APRIL 13, 1999 PAGE 9 development. We have reviewed all the conditions of approval prepared by your staff and we are in concurrence with them. We stand for questions. MacCoy: Okay, before we start that, staff? Do you have any comments? Stiles: Chairman, commissioners, we have reviewed the revised application that has been submitted through revised plat. There are still some major issues as far as the water line that has been proposed, a six inch line. Bruce can address that more fully. There is a possibility that the property to the west—there is a small parcel there—will be part of a future application that they would possibly have to give up some of the drainage area that is shown as lot #2, block #2 on the plat to make those buildable lots in there. As far as the requirements of the original rezone they did have the requirement processes as a conditional use permit for a planned development and that's why they have asked for—that's why it's kind of confusing because it asks for a rezone, they are not really asking for a rezone, it will remain at R-8, but they would like some of those conditions that were placed on the original rezone amended and those conditions are the conditional use permit is a planned development, the minimum house size in the annexation ordinance or rezone ordinance required all the houses to be 1,301 square feet. I believe those are the two requirements and the fact that it's not a townhouse development anymore, those were the three requirements they are requesting. The commission would have the option of any or all of those requirements to modify as part of this rezone application. If the various house sizes would be allowed by the commission, 50% of those would have to be 1,301 or more, 25% would need to be 1,201 to 1,300. 15% would be 1,101 to 1,200 square feet and 10% would be allowed to be between 1,001 to 1,100. Those would need to be designated on the plat and the smaller house sizes would need to be dispersed throughout the development. I'll let Bruce address the public works issues. Freckleton: Mr. Chairman, members of the commission, probably the biggest outstanding issue is the fact that the subdivision is being proposed to be served by a six inch water main, a single six inch water main. We've got some concerns about the adequacy of that and were—I haven't had the opportunity yet to get the hydraulic analysis done on it to determine whether that would work or not. So that's kind of up in the air. At this point in time I've got some real concerns with the size of that water main. I have talked to Mr. Unger about that and he's aware of that concern. The other thing I just wanted to mention was the—I had a homeowner in that lives on the north side of this proposed subdivision in my office today and he was concerned about the ditch that provides irrigation water to their lots. We haven't really addressed that specifically yet, but this ditch does take out down on the Rutledge and the southeast corner of the project. That will need to be tiled close to it's original route to provide water to those lots. The historical flows. I understand that his particular lot he utilizes a pump to get the water to his lawn. Some f his neighbors actually flood out of it. So some orchard MERIDIAN PLANOG & ZONING COMMISSION • APRIL 13, 1999 PAGE 10 valves or something like that would have to be used. One thought I had was maybe providing their water via the pressurized irrigation system that is going to be put in and seeing if that may be a feasible option instead of putting in a bunch of tile, if we could just provide service that way. That's really about all I had for public works. Shari wanted to add something. Stiles: I would like to also add that the turn around system shown here be approved by the fire department. If the frontage can't be met because of that or it can't be used as a driveway, which they wouldn't like it to be used as a driveway in any form that there would be a non -buildable lot if that's required for their turn around. That the pathway be built along the Nine Mile Creek as the responsibility of the developer and that detail landscape plans be provided with submittal of the final plat. MacCoy: Is that it? Okay. All right, Mr. Unger any comments on staffs report? Unger: Sure. As far as continued—providing continued irrigation for the properties to the north along here. We don't have a problem with that, we can either provide them with what they currently have or possibly bring them on to our pressurized irrigation systems, which ever works for them and we will meet with them and negotiate that and meet their needs. Certainly Idaho Code prevents us from taking away their access to their water. So certainly we will make sure that they do continue to get their irrigation water via one way or through our pressurized irrigation system. As far as the concerns over the fire water flows for fire protection, when Bruce can—when they can get their, complete their review and study on that then obviously we will have to do water, we have to do if they feel the six inch will not provide sufficient water. We will address that when he has completed his review of that. Other than that, we don't have any problems with what was brought up by staff and conditions of staff. MacCoy: Commissioners do you have any questions for Mr. Unger? Borup: Yes, Mr. Chairman, a couple. You said as far as the size designation was not a problem with square footage? One of Shari's staff comments. Unger: As long as we can disperse those throughout the project. Borup: Okay, yeah, I think that said—then you are prepared to—your comment on the turn around? Unger: Right, this turn around it's right there and it's a shared, it's two shared driveways. Borup: At this point you feel it could accommodate okay without having to designate a non -buildable lot? MERIDIAN PLANIOG & ZONING COMMISSION APRIL 13, 1999 PAGE 11 Unger: We believe it can, we will go back to the fire chief and review that with him. Borup: You did have a—you were designing a pathway along Nine Mile Creek also? Unger: Correct, it's shown right along there. Borup: The other question I had was for Shari and or either one could answer that was Shari's comment on the property to the west about being non -buildable lot and needing to give up some other—could you expand on that a little bit? Why would it be this applicants responsibility to make someone else's property buildable? Stiles: This kind of came in together somewhat together at one time. Borup: 97' yeah. Stiles: The point was that it were to be developed together at some point or at least with consideration for this other property when they came in. There are conditions on that property right now, the same that were on this property that it be developed as town houses under a planned unit development with a conditional use. It's my understanding at least that they will be coming in later with a similar application. Because the property is only 130 feet wide by 80 feet deep, at least with the proposed stub street that they are showing there, it wouldn't meet the minimum lot size requirements for single family dwellings. They would have to have 65 X 100 foot deep and that was the reason for that comment was just considering that adjacent property and what their future development plans were. That's why I brought up at the beginning that they were proposing to actually use part of that drainage lot to deepen those lots so they could in fact come in later with an application for the single family homes to be consistent with what they are proposing here. That was the reason for the comment. Unger: We have --we do have a client, the folks that own this piece of property right here... Borup: That's where the street alignment was redone to accommodate access to his property. Unger: Exactly after you met with them after last months meeting, we met with them out here and we did this realignment and actually turned out to be a much better layout than what we had. They would like to develop four lots right in this area here, which that application has yet to be submitted. It will be submitted in MERIDIAN PLANIOG & ZONING COMMISSION APRIL 13, 1999 PAGE 12 approximately two and a half weeks. What will have to happen is that they will need to pick up 25 feet of this drainage lot. Now that drainage lot is more than sufficient to handle the drainage that would come off of that portion of the development. Borup: So this is something that your client is open to? Okay, I was just concerned about making a condition on somebody for somebody else's property and... Unger: No, that would be a separate application that will come in at a later date and you folks will see it at that time. I think it will clarify things a lot better at that time. Borup: That's all I had right now. Thank you. MacCoy: Is that it Commissioner Borup? Borup: That's all I had. MacCoy: Commissioner De Weerd? De Weerd: I had a couple of questions. More on the common areas. On the common area No. 13 in block #3. It says the fence will be at the north boundary of the common lot, so you will have the fence and then the common lot and then nothing. Why do you have the fence on the north boundary? Unger: Okay, you are talking about right along here? De Weerd: Uh-huh. Unger: We are proposing to put the fence along you know, along the boundary of those lots and then we will have the five foot, the proposed five foot planning strip and then there is—that whole common lot is pretty much all easement for the Nampa Meridian Irrigation District. We have the Rutledge ditch in there and also a maintenance road in there. De Weerd: So that's going to be five feet of landscaped area? Unger: Yes. De Weerd: Then how much of the easement then? Unger: You are going to have 20 feet of easement that's to the—that would be to the property line. MERIDIAN PLANIOG & ZONING COMMISSION APRIL 13, 1999 PAGE 13 De Weerd: Will you finish that off or is that just going to be a dirt road? Unger: We can't finish it off it's—Nampa Meridian Irrigation maintenance road. It's their maintenance road and we can't do anything. In fact, we are pushing to put five feet of landscaping along the edge of their easement. De Weerd: Then on the Nine Mile Creek, how is that going to be finished off? Is that all going to be landscaping or you just putting in the pedestrian pathway? Unger: Well, we will be able to do some landscaping along here along the northern part there along with the path. The balance of this is going to be left open and there is a maintenance road right along in this area. Now this is piped, we will be able to do some landscaping in that area and then—or an area right in here will be piped and we can do some landscaping there, that would be the extent of the landscaping we could do there since we have to—staff wants us to leave the (Inaudible). De Weerd: So this common area is not necessarily usable common area? Unger: No, our original proposal was for it to be piped and all that to be a common open space to be used for park recreation, whatever the case for the residents of the subdivision. Staff is requiring us to leave it open so we will do that. De Weerd: Okay. MacCoy: Anything else? De Weerd: Not at this time. MacCoy: Commissioner Barbeiro? Barbeiro: Mr. Unger, what is your proposed time to complete the plat? Unger: Actually we would like to start preliminary construction in June. Barbeiro: When do you see the sidewalks, asphalt, everything completed? Unger: We are probably looking August. Probably final plat September or October. Barbeiro: What is your proposed time to fill in the—you have 36 buildable lots in here—looking about two in a half, three years (Inaudible). Unger: Depending on market, two in a half, three years, five years. MERIDIAN PLANIOG & ZONING COMMISSION APRIL 13, 1999 PAGE 14 Barbeiro: All of these are to be owner occupied units? Unger: They are single family residential. They certainly—we can't dictate that part. You know, we could put it in our covenants, etc. I don't believe it's proposed that they all have to be owner occupied. That is our preference and that's what we are going to be pushing. Barbeiro: Is there any proposal to have this as a subsidized subdivision anyway? Unger: No. Barbeiro: Okay. MacCoy: Any other questions? Barbeiro: No. MacCoy: Now we invite the public, anybody who is in favor of this project can speak at this moment. Seeing none, anybody who is against this project may speak at this time. CHARLES STUART, 821 W PINE, MERIDIAN, ID. Stuart: I won't say that I'm against the project, I just have some concerns. One of mine is that my property boarders the northeast corner and I've used out that ditch for 30 years that I've lived there and I'm not sure that I'm willing to participate in the upkeep of a pressurized system because I paid for my water and the ditch is provided to me and I clean it and I'm not sure that I want to help upkeep a pump and so on the subdivision for their benefit, because I'm satisfied the way things are now. If I'm provided with—when I'm provided with water, I'm concerned about it having, there will obviously will be a fence from my property line and I'm concerned about my access to it being on my side of the property line so I don't have to go on somebody else's property to access my water each time. The other concern is if this is being built in the summer time, the water that is turned into that ditch when the water becomes available and is left in all summer for our access, because the ditch company won't turn it in as each one of us needs it, like the farmers have done for years. I'm wondering how we are going to get our water as it's being piped and construction is going on during the watering year. Those are my concerns thank you. Borup: Mr. Stuart? MacCoy: You have a question for him? MERIDIAN PLANIGG & ZONING COMMISSION • APRIL 13, 1999 PAGE 15 Borup: Yes, I have a couple. MacCoy: Okay. Borup: You said your preference is then that the ditch would be on your property, on your side of the property line? Stuart: No my access to the ditch. Like if it was a tube, if they are going to provide me with a... Borup: I thought you said you didn't want it on the other side of the fence. Stuart: No, I don't want my access to it being on the other side of the fence. See for me to have to crawl over the fence to turn on a valve for me to get water. Borup: Where is the ditch presently located on your property or the other property? Stuart: It's on the other property. My fence line is maybe three feet from the center of the ditch. Borup: Maybe it would be easier to put it on your property and there wouldn't be a concern there. Stuart: Well, you are going to have to get permission from Talsman with the welding shop there to move all of his stuff. Borup: How many—our plat shows about four properties, is there more than that that accesses it? Stuart: My property is here this is Talsman's welding shop, this is (Inaudible) the ditch starts here, comes right down to here, cuts across this corner and goes over and dumps back into the... Borup: You say that ditch has water in it continuously all summer long? Stuart: Yes sir. Borup: So there are three residences that are watering off of that then? Stuart: Yes sir. Borup: Okay. Thank you. MacCoy: Any other questions for him before he leaves? MERIDIAN PLAN*G & ZONING COMMISSION APRIL 13, 1999 PAGE 16 Barbeiro: Mr. Stuart, if the developer were to offer as a condition on this particular lot that you have access to it and were to put in a lock gate, with the lock on your side, would that be an idea that would work for you? Stuart: And that I did not have to participate in the upkeep of it. That's my other concern is if the pump goes out and I have to put out a percentage to maintain the pump, that is not an expense that I have now and I, you know as I've said before, I hate to change my lifestyle so someone else can profit. I've comfortably lived there for 30 years and things have worked fine like they are. I am not against them developing it, if they can provide me with water, then I'm perfectly happy. MacCoy: Any other questions for him? I guess not, thank you very much. Is there anyone else who wants to make a statement? Seeing none, will the applicant come forward please Mr. Unger? Unger: Do you want me to just to respond to his concerns? MacCoy: Right. Unger: First of all, we certainly if he doesn't want to participate in the pressurized irrigation systems, we can provide him with his irrigation, we can provide him with the box that he can access on his property as long as he gives us permission to put that on—you know, gives us permission to put the box on his property so that he can access it, that will work out fine. We have no problem with that. As far as his continued receiving water during construction, we will make sure he gets his water. We all live in Idaho and we know how precious that water is and we will continue the flows even during construction. MacCoy: Staff, Shari do you have something to say? Stiles: Mr. Chairman, commissioners I just had a couple more items. The 20 foot planting strip is a requirement per our ordinance, that will need to be either a planting strip or some other arrangement as approved by the commission. The five foot that I discussed with the applicants representative today was the area which they could actually place trees, but the 20 foot planting strip is an ordinance requirement and will be required to be approved by the commission as part of this plat and would need to resolve how that was going to be constructed. One other item that I've been made aware of is that the Nine Mile Creek is controlled by the US Army Corp of Engineers and for the proposed crossing they have shown on their plat, is that already piped there? Unger: It's piped on the eastern boundary but not on—it's piped here but it's not piped over here. MERIDIAN PLANOG & ZONING COMMISSION APRIL 13, 1999 PAGE 17 Stiles: (Inaudible) Okay, Bruce tells me in order for these utilities to be continued down the street there, they will have to have a Corp of Engineers permit, it's not strictly limited to Nampa Meridian Irrigation District's approval. MacCoy: Is that it Shari? Bruce do you have anything else? Freckleton: Mr. Chairman, members of the commission, this is a subject that has been debated for quite awhile. Nampa Meridian claims jurisdiction, Corp of Engineers claim jurisdiction and it's one of those things that you are going to have to fight through Bob, I'm sorry to say, but Corp definitely you will need to make contact with them and get that permit going. MacCoy: Anything else you want to answer to or discuss? Unger: That's fine, we can work with those conditions and we'll get the appropriate approvals for anything we do in the Nine Mile Creek. MacCoy: Anymore, Commissioners do you have anything else for Mr. Unger? Borup: Yes Mr. Chairman, the railroad right-of-way. How close does that come to this property? Unger: The railroad --I believe we are 45 feet. Borup: It shows the easement is 45 feet, does that go from your property to the right-of-way, I couldn't really tell by looking at the plat. (END OF TAPE) Borup: So at this point they're 45 feet between the railroad right-of-way and subdivision. Unger: Right, their right-of-way, but then the actual tracks are even further away from... Borup: Right, and you know how far away—well, but I think I was looking at the city ordinance and it is talking to the right-of-way. Shari, do you know the reasoning behind the ordinance? I assume it's to keep some buffering between residents and railroad? Is that the purpose of the ordinance? Stiles: Yes, that would be—they do show that the southern boundary there is the railroad right-of-way, so they would be 100 feet from that property line to the center of the railroad right-of-way and that is meant as a buffer and part of the requirements for the planting strip at least with our Meridian Comprehensive Plan MERIDIAN PLANOG & ZONING COMMISSION APRIL 13, 1999 PAGE 18 is to beautify that area in case it ever becomes a railway, multiple use (Inaudible). Borup: So the planting strip is not necessary for the subdivision it's for the train passengers. If there ever are any. Stiles: Could be both, dual purpose. Borup: What I was getting at is if part is to get the distance and it's a 20 foot, that's not anticipating a 45 foot canal right-of-way in there. There is some distance here that is not necessarily normal when you are talking about that buffering right-of-way. Stiles: The way the ordinance... Borup: It sounded like you eluded to that, but maybe there is a little bit of flexibility on that—is that what he is talking about on the five foot buffer and getting the trees in that area because we've got some at a distance here? Stiles: It would still be beyond the railroad right-of-way the 20 foot requirement, but the ditch that's (Inaudible). Borup: Well, there is 45 feet right now, but it's (Inaudible) it's the ditch. Stiles: The ordinance doesn't have anything to do with right-of-way. It only—the planting strip requirement excludes any road right-of-way or utility easement. I guess you could say that is a utility easement, the 45 feet that is there. Borup: At this point it sounds like a five foot strip for the trees to be in was—met your qualifications and... Stiles: The actual trees within that five foot easement, but it's still a 20 foot planting strip requirement. I believe Bob... Borup: What's supposed to be planted in that other 15 feet? Stiles: That's where the access road is going to be, right directly over the top of that. Unger: That's where it currently is and we have to leave it there. Stiles: That's where you the and you need that much... MERIDIAN PLANI6G & ZONING COMMISSION APRIL 13, 1999 PAGE 19 Unger: Right, we might be able to work with Nampa Meridian Irrigation District maybe—I mean if we keep the trees out of their easement we may be able to pick up another five feet of some sort of (Inaudible) something low—something... Borup: Often times if it doesn't interfere with their road and their access, they will grant an encroachment agreement. Unger: Right, but I don't think they are going to give us a full 20 feet there. Borup: Well no, that's what I was trying to get in my mind, are they able to comply with what you said it needs to be without giving up 20 feet of their lots. Stiles: What's the pipe size requirement for that Bob? Unger: Oh, goodness, I believe it's just going to be 12 inch, it's not that big of a ditch running through there. Stiles: They—I would think they would be able to get an encroachment agreement if it's only a 12 inch pipe. If they have 45 feet... Unger: Well, we don't have 45 feet. Stiles: Twenty-five. Unger: We have 20 on the north side of our boundary and the other 45 feet is on the south side of our boundary. So we have 20 on the north. That's what we have is 20. Borup: The total easement was 45, they have 45 feet to get their ditches in. Unger: Right. Generally speaking, they like to have their—they like to have 10- 12 feet for their maintenance road. Borup: Maybe, I guess what I really should have asked Mr. Unger, is there any confusion in your mind as to what you need to do or any concerns or is everything okay? Unger: We understand what staff is saying, we are not sure that we are going to be able to get a full 20 feet of planting strip along there, we will certainly make every effort we can to do that but I believe Nampa Meridian is going to prevent us from getting a full 20 feet there. Borup: That was my concern. If the purpose is to have trees growing for the railroad to see, if they can get that in five feet (Inaudible). If the other purpose is to have some distance between the railroad tracks,'the distance is already there. MERIDIAN PLANIOG & ZONING COMMISSION 0 APRIL 13, 1999 PAGE 20 1 don't know if there—if any type of waiver or anything on 20 feet, but I think that would certainly take care of the spirit of (Inaudible). I don't have anything else to say. MacCoy: Is that the end of that? Okay, anything else for Mr. Unger here? If not, you can sit down I guess. Commissioners I will entertain a motion on the public hearing. De Weerd: I just have one more question for staff. On that pedestrian pathway on the Nine Mile Creek, is the reason why they are keeping that open because of the Corp of Engineers? Stiles: The primary reason is because it is a creek and it functions also as a drain in the city. Although it's not, I'm not sure that it's this Nine Mile Creek is specifically designated as multiple use pathway. It's really not in the city's best interest to pipe those. I mean they have a lot of habitat, there's existing vegetation. It's very hard to fill those in and really know how big of a pipe to put in because of the flood control and the drainage that it does accept. You know as development takes place, it could be more important that it's being left open, but it is an existing natural feature that should be designated as a pathway and developed as that and used as a natural resource to enhance the project instead of covering it up and loosing that. The problem is trying to be able to enhance that and beautify it, if you've seen Western Pines or Sunrise Rehab center just to the west of there, they had a very difficult time trying to do anything with it. So they had a very nice facility back off of Pine Street, but it's covered with weeds and it's not an amenity, but hopefully they will be able to come to some agreement with Nampa Meridian and be able to develop that as a nice amenity for the project. De Weerd: Probably that's the reason 1 asked because of the (Inaudible) Borup: The problem is the depth. The depth of the ditch is the problem. Stiles: Very deep and steep. De Weerd: Okay, thanks. MacCoy: Okay, what about the public hearing? Borup: Mr. Chairman, I move we close the public hearing De Weerd: Second. MacCoy: Any discussion? All in favor? MERIDIAN PLANOG & ZONING COMMISSION • APRIL 13, 1999 PAGE 21 MOTION CARRIED: All ayes. MacCoy: Recommendation for Item No. 4? De Weerd: Well, I had in there several items that I would like to see apart, I know that it's mentioned in the staff report but it could be expanded on. That would be to definitely pursue the agreement with Nampa Meridian to allow them to enhance the natural area around Nine Mile Creek and to make that a more amenable asset for the pedestrian path. Also to pursue the encroachment agreement with the Nampa Meridian to enhance to at least get a minimum of ten feet on the planting strip for the buffer area. It seems like Mr. Unger thought that they could at least get an additional five feet, so if we could put—and then I believe they would probably need to pursue a variance, is that right? If that was reduced from 20 to 10? Stiles: We would probably want to look at whatever plans they have for that area, what is going to be road, what is going to be planting strip. It may be if that's going to be piped the entire length there, the fact that that may be able to be used as a pathway would offset that. I think it is piped back behind the Sunrise Rehab Center and as the property in between develops it could be that could even serve as a pathway clear to Linder Road. Borup: So that's something you would workout with the applicant you are saying? MacCoy: You want to put that in a motion here? De Weerd: I just have a couple more things. I guess from what Bruce told us, they would need to pursue the appropriate approval with Nampa Meridian and the Corp of Engineers for the piping across that creek. One other item, I guess it should be also mentioned would be the water main line and after staff has reviewed it that they can guarantee that sufficient water would be available and my last one would be that the continued irrigation to the neighbors to the north that they would guarantee water during construction and would agree to meet with neighbors to find a suitable system that they would agree with. MacCoy: Okay can we address, this is Item No. 4, which is a rezone requirement and Item No. 5 is a preliminary plat, so we've got to make the definition of what we are asking for here now. Borup: Good point, I think we've combined things again. MacCoy: Well, we do that every so often we get carried away and look at the total project and that's the reason we keep these things separate. MERIDIAN PLANOG & ZONING COMMISSION 0 APRIL 13, 1999 PAGE 22 De Weerd: Well yes, but some of these the townhouse development, the square footage and the planning and development, this is all issues of a planned unit development. MacCoy: First he has asked us to rezone it so they can do that. Then they were going to talk to No. 5 about all the remaining parts of this. De Weerd: Yeah, but these were conditions of the rezone right or the original zone? MacCoy: I'm just saying keep that in mind when you make your motion. That's my point to you. Borup: I think those are all items brought up were raised—does the staff feel all those need to be incorporated in a recommendation, or do you feel that your comments address most of those? Probably faster for us to just move on and raise them again and then we are covered. How about that? MacCoy: That's a good point Borup: Lets move on. MacCoy: Okay, what do you want to say? Borup: Okay on Item No. 4... De Weerd: Did you get an answer from staff? Borup: She shook her head. De Weerd: Yes or no? Borup: Yes to move on. Okay, I just want maybe can we clarify the three conditions that changed was being released from a PUD, the square footage sizes on the house and going to single-family residences rather than townhouse. Okay. I would recommend that—I move that we recommend approval of rezone 9.838 acres from R-8 with conditions for townhouses to R-8 without conditions for proposed Tremont Place Subdivision. De Weerd: Not without conditions. Borup: Yes, without the conditions, you want those elaborated? I thought it was in the application we don't have to read the whole application do we? MacCoy: No, I didn't think so MERIDIAN PLANIGG & ZONING COMMISSION APRIL 13, 1999 PAGE 23 Borup: Okay, I'll mention that to delete the PUD requirement that the square footage requirement should be as outlined by staff and be approved for single family residence rather than townhouse. De Weerd: But the other conditions would still remain. Borup: Yes. De Weerd: I would second that. MacCoy: Any discussion now? Barbeiro: The question that I have is as the subdivision and request for a rezone is written now, does it include the home size of 50%, 25%, 15% and 10%? Borup: No, it doesn't. Do you mean the previous zone? The previous approval? Barbeiro: The request for a rezone as it is written now? Or is that a part of the preliminary plat, Item No. 5? Stiles: When this property was rezoned, the condition was that all the houses would be a minimum of 1,301. Our ordinance does allow the varying sizes 10%, 15%, 25% and 50% as I outlined them earlier that is existing ordinance and if you would remove that condition, they would have to comply with the existing ordinance. MacCoy: That's what your book says. Any other discussion? De Weerd: Was removal of those part of your motion? Borup: Removal of which? De Weerd: The percentages of square foot? Borup: No, the motion was to include that. The square foot percentages are included in the new. The previous zoning did not have that. De Weerd: It didn't? Barbeiro: My concern is that as the request is written now, that are we approving this as written, or are we approving it as we have amended it? Stiles: You would be approving it—if you have my memo of March 5, 1999, do you have that in your packet? MERIDIAN PLANIGG & ZONING COMMISSION • APRIL 13, 1999 PAGE 24 Borup: Your staff comments? De Weerd: Yes. Stiles: Item No. 1 under general information includes conditions of the original rezone that the applicant has requested be removed. That included that the conditional use permit as a planned development that the minimum house size must be 1,301 square feet or higher and that they would develop it as a townhouse development. Those are the conditions they are asking to be removed so that they can have the differences in the square footage, so they don't have to do it as a conditional use under planned development and not have to do townhouses. So they are wanting to just meet what the ordinance requires and not have that specific requirement that 100% of the homes be 1,301 square feet. MacCoy: Okay, any other discussion? De Weerd: So they want it treated like a planning development? No. Borup: That's what it was previously. De Weerd: But they do not want their minimum house size to be 1,301 and above only. Stiles: Right. MacCoy: All right, we've got everybody settled (Inaudible). Rossman: There is no way that I'm going to be able to draft the recommendations on these, I'm sorry I'm good, but not that good. Let's have a little better crafted motion here. Borup: What was the question on the motion? Stiles: Keith did a good job on his motion I thought. Rossman: I need a motion that sets forth what the conditions of your approval are and what you are removing from the previous... MacCoy: I thought Keith had it there for a moment. I'm not sure Keith even knows right now. Borup: That was a long time ago. MERIDIAN PLANIOG & ZONING COMMISSION APRIL 13, 1999 PAGE 25 MacCoy: Do you want to start that over again or what? (Inaudible) Rossman: Withdraw that one please. Borup: How about I just repeat it? Rossman: Withdraw that one and restate it. Borup: Clarify it? Rossman: That's fine Keith. MacCoy: All right, whatever. De Weerd: I'll withdraw my second. Borup: Let me try again. Move that we recommend approval of request for rezone of 9.838 acres from R-8 with conditions for townhouses to R-8 without conditions, those conditions... Rossman: Setforth in paragraph one of the staff report? Borup: There we go—well, no I think that needs some little bit of clarification. The three conditions that we are modifying are one that the square footages will meet present city ordinance, that—I put my notes away, that it would no longer be required to be a planned unit development, and that would be single-family residences rather than townhouse. Rossman: Thank you. De Weerd: Second. MacCoy: Are you satisfied with that one now? Rossman: I'm extremely satisfied. Borup: It's the same thing 1 said the first time. Rossman: Well, not really. MacCoy: Any other discussion right now? All right, I'm going to call for a vote. All in favor? MOTION CARRIED: All ayes. Mayor ROBERT D. CORRIE Council Members CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD HUB OF TREASURE VALLEY so A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) 887-4813 MEMORANDUM: To: Planning & Zoning Commission, Mayor & Council From: Bruce Freckleton, Assistant to City Engineer�i�e Shari Stiles, P&Z Administrator LEGAL DEPARTMENT (208) 884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 PLANNING AND ZONING DEPARTMENT (208)884-5533 March 5, 1999 Re: Request for Rezoning from R-8 with Conditions to R-8 without Conditions for 9.838 Acres, and a Request for Preliminary Plat for 36 Building Lots by Luna Vista, Inc. 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: GENERAL INFORMATION 1. Original conditions of the rezone request by Lorin Saunders included requirements that: The property be developed as a townhouse project under the conditional use permit process for a planned development; the minimum house size is to be 1,301 square feet; a recreational easement be provided for along Nine Mile Creek with construction of a bike path; the grid system of Idaho Street be continued; and a development agreement be entered into as a condition of the rezone. The applicant's request for an R-8 zone with "no conditions" can obviously not be granted; however, staff would concur that single- family housing in lieu of townhouse development would be acceptable. 2. Sanitary sewer service to this site is being proposed via an existing main adjacent to Nine Mile Creek near the Sunrise Health Care (formerly Western Pines) facility. 3. The proposed sewer profiles submitted with the application indicate that the sewer system is being proposed at less than minimum grades and, in some cases, less than minimum depths. Fill material may be necessary to achieve the desired design criteria. 4. Water service to this site is proposed from existing 6" mains located in W. Eighth Street and Broadway Avenue. 5. Applicant has not indicated whether the pressurized irrigation system within this development is to be owned and maintained by the Nampa & Meridian Irrigation District Tremont PWe.RZPP A7 99-M PP -99.003 Mayor, Council and P&Z March 5, 1999 Page 2 or if it is their intention for the system to be owned and maintained by the homeowners association. 6. Results of test hole investigations performed January 19, 1999, indicate that groundwater is somewhat shallow (approx. 2.5' from surface). The investigation was performed at a time when the groundwater table is generally near its annual low. The City of Meridian requires that street centerline elevations be designed to provide a minimum of 3 feet separation from the seasonal high groundwater elevation. This is an effort to ensure that crawl spaces under homes will be above the ground water. 7. The legal description submitted with the application appears to meet all of the criteria required by Meridian City Resolution 158, and the Idaho State Tax Commission. 8. Applicant proposes piping of the Nine Mile Drain within a 36" pipe (plat states 36' pipe). 9. The preliminary plat does not show pressurized irrigation, nor does it show water service to all of the lots within the development or to proposed fire hydrants. REZONING REQUEST REQUIREMENTS 1. A development agreement was required for this project, as a condition of the original rezoning of the property. 2. The only original conditions that should be considered for change are that single-family homes may be allowed and that the property need not be developed as a planned development under the conditional use permit process. PRELIMINARY PLAT General Requirements: 1. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be piped 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. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance. Wells may be used for non- domestic purposes such as landscape irrigation. 3. Provide five -foot -wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 4. Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. Tremont PI= RZPP AZ -99-002 PP -99.004 CJ • BEFORE THE PLANNING AND ZONING COMMISSION In The Matter of The REQUEST FOR REZONE of APPROXIMATELY 9.838 acres ACRES FOR PROPOSED TREMONT PLACE SUBDIVISION LUNA VISTA, INC. Applicant Case No. RZ-99-003 RECOMMENDATION TO CITY COUNCIL INTRODUCTION RECEIVED MAY 13 1999 City of Meridian City Clerk Office 1. The property is approximately 9.838 acres in size. The property is located at 725 W. 8th in Meridian, Idaho. 2. The owner of record of the subject property is Broadway Estates, of 688 E. Sugarberry Drive, Eagle, Idaho. 3. The Applicant is Luna Vista, Inc., 9020 Black Eagle Drive, Boise, Idaho. 4. The property is presently zoned as Medium Density Residential (R-8) with development conditions, and is vacant. 5. The Applicant requests the property be rezoned to Medium Density Residential (R-8) without the previously imposed development conditions. RECOMMENDATION TO CITY COUNCIL - I REQUEST FOR REZONE OF TREMONT PLACE BY LUNA VISTA, INC. • 6. The proposed site is surrounded by Low Density Residential (R-4), Medium High Density Residential District (R 15) and Light Industrial (I -L). The site is located at Broadway &- 8th Street (725 W. 8th). 7. The subject property is within city limits of the City of Meridian. 8. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 9. The Applicant proposes to develop the subject property in the following manner: Develop and construct Single Family Residential (4.38 D.U./Acre Net) housing. 10. With modified conditions the Applicant's requested rezoning of the subject real property as Medium Density Residential District (R-8) is consistent with the commercial designation on the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Existing Urban. 11. There are no significant or scenic features of major importance that affect the consideration of this application. RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the rezoning as requested by the Applicant for the property described in the application, subject to the RECOMMENDATION TO CITY COUNCIL - 2 REQUEST FOR REZONE OF TREMONT PLACE BY LUNA VISTA, INC. C following: Adopt the Amended Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 1.1 The original conditions of rezone request by Lorin Saunders included requirements that: The property be developed as a townhouse project under the conditional use permit process for a planned development; the minimum house size is to be 1,301 square feet; a recreational easement be provided for along Nine Mile Creek with construction of a bike path; the grid system of Idaho Street be continued; and a development agreement be entered into as a condition of the rezone. 1.2 The applicant's request for an R-8 zone with "no conditions" can obviously not be granted; however, the original conditions should be modified to provide as follows: that 100% of houses in the subject project need not be a minimum of 1,301 sq.ft. but the developer shall comply with Meridian City Zoning and Development Ordinance 2-411(D)(2) and (3); single family housing be required in lieu of townhouse development; and that the subject property need not be developed as a planned development under the conditional use permit process. 1.3 Sanitary sewer service to this site is being proposed via an existing main adjacent to Nine Mile Creek near the Sunrise Health Care (formerly Western Pines) facility. 1.4 The proposed sewer profiles submitted with the application indicate that the sewer system is being proposed at less than minimum grades and, in some cases, less than minimum depths. Fill material may be necessary to achieve the desired design criteria. 1.5 Water service to this site is proposed from existing 6" main located in W. Eighth Street and Broadway Avenue. 1.6 Applicant has not indicated whether the pressurized irrigation RECOMMENDATION TO CITY COUNCIL - 3 REQUEST FOR REZONE OF TREMONT PLACE BY LUNA VISTA, INC. system within this development is to be owned and maintained by the Nampa &- Meridian Irrigation District or maintained by the homeowners association. 1.7 Results of test hole investigations performed January 19, 1999, indicate that groundwater is somewhat shallow (approx. 2.5' from surface). The investigation was performed at a time when the groundwater table is generally near its annual low. The City of Meridian requires that street centerline elevations be designed to provide a minimum of 3 feet separation from the seasonal high groundwater elevation. This is an effort to ensure that crawl spaces under homes will be above the ground water. 1.8 The legal description submitted with the application appears to meet all of the criteria required by Meridian City Resolution 158, and the Idaho State Tax Commission.. 1.9 Applicant proposes piping of the Nine Mile Drain within a 36" pipe (plat states 36' pipe). 1.10 A development agreement was required for this project, as a condition of the original rezoning of the property. ey/ZAWork\M\Meridian 15360MV1\TremontPlace\Rezone.Rec.frm RECOMMENDATION TO CITY COUNCIL - 4 REQUEST FOR REZONE OF TREMONT PLACE BY LUNA VISTA, INC. soUrM nr TDVA C7/Dr VA Jr r rV so Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live , 884-4264 Council Members CITY OF MERIDIAN PUBLIC WORKS 33 EAST IDAHO BUILDING DEPARTMENT CHARLES ROUNTREE (208) 887-2211 GLENN BENTLEY MERIDIAN, IDAHO 836�n � � V G AN RON ANDERSON Phone (208) 888-4433 • Fax (208) 8 i..aa V G NING AND ZONING DEPARTMENT KEITH BIRD FEB 1 11999 (208) 884-5533 City of Meridian City Clerk Office 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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: March 2, 1999 TRANSMITTAL DATE: February 8, 1999 HEARING DATE: March 9, 1999 FILE NUMBER: RZ-99-002 REQUEST: REZONE OF 9.838 ACRES FROM R-8 WITH CONDITIONS FOR TOWNHOUSES TO R-8 WITHOUT CONDITIONS BY: LUNA VISTA, INC. LOCATION OF PROPERTY OR PROJECT: BROADWAY & 8T" STREET (725 W. 8T") TAMMY DE WEERD P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) 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 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) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANN TI YOUR CONCISE REMARKS: �/ FFFPPP- So HUB OF TREASURE VALLEY 40 Mayor ROBERT D. CORRIE A Good Place to Live Council Members CITY OF MERIDIAN CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 KEITH BIRD LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 PLANNING AND ZONING DEPARTMENT (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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: March 2 1999 TRANSMITTAL DATE: February 8, 1999 HEARING DATE: March 9 1999 FILE NUMBER: RZ-99-002 REQUEST: REZONE OF 9.838 ACRES FROM R-8 WITH CONDITIONS FOR TOWNHOUSES TO R-8 WITHOUT CONDITIONS BY: LUNA VISTA. INC. LOCATION OF PROPERTY OR PROJECT: BROADWAY & 8T" STREET (725 W. 8T" TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z _KEITH BORUP, PIZ _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 IREDEPARTMENT OLICE DEPARTMENT Y ATTORNEY Y ENGINEER Y PLANNER 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) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION)) YOUR CONCISE REMARKS: -/S-- w i M Mayor ROBERT D. CORRIE Council Members CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD —qw 010 � 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 (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 PLANNING AND ZONING DEPARTMENT (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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: March 2, 1999 TRANSMITTAL DATE: February 8, 1999 HEARING DATE: March 9, 1999 FILE NUMBER: RZ-99-002 REQUEST: REZONE OF 9.838 ACRES FROM R-8 WITH CONDITIONS FOR TOWNHOUSES TO R-8 WITHOUT CONDITIONS BY: LUNA VISTA INC. LOCATION OF PROPERTY OR PROJECT: BROADWAY & 8T" STREET (725 W. 8T") 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 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) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: 02- q -9 RFCIETVI�lj FEB- 91999 CITY OF MERIDIAN SUPERINTENDENT Christine H. Donnell t MAY r ;� 1999 May 11, 1999 �,:Jtv City of Meridian 33 East Idaho Meridian, Idaho 83642 Dear Councilmen: Enclosed for your review is general information relative to schools located in the proposed project area. If you have any questions, please contact Jim Carberry at 888-6701. Reference: Tremont Subdivision Elementary School: Meridian Elementary School Middle School: Meridian Middle School High School: Meridian High School Comments and/or Recommendations: Meridian Elementary School is over capacity. Meridian Middle School is at capacity and will remain so until the fifth middle school comes on line in the fall of 2000. Meridian High School is at capacity at this time. We can predict that these homes, when completed, will house one (1) elementary aged child, one (1) middle school aged child, and one (1) senior high aged student. Even though, we are in a difficult position and need your help in dealing with the impact of growth on schools, we will approve this development. Sincerely, Jim Carberry, Administrator of Support Services BOARD OF TRUSTEES Rex Harrison • Wally Hedrick • Holly Houlburg 9 David Wynkoop • Steve Mann CCENTRAL CE DISTRICT HEALTH DEPARTMENT DISTRICT HEALTH DEPARTMENT Environmental Health Division Rezone # 9 f3,f 4ce-_-s R--? 7-0 R-3- w 17-17 oar �ae� air/o2S Conditional Use # Preliminary / Final / Short Plat 01. ❑ 2. ❑ 3. ❑ 4. ❑ 5. ❑ 6. ❑ 7 We have No Objections to this Proposal. We recommend Denial of this Proposal. Return to: ❑ Boise ❑ Eagle ❑ Garden City Meridian ❑ Kuna ❑ ACz F:IV F E B 1 8 1999 CITY OF NIERIDIAiN Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. We will require more data concerning soil conditions on this Proposal before we can comment. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ waste flow characteristics ❑ or bedrock from original grade ❑ other This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ❑ 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ❑ central sewage ❑ community sewage system ❑ community water well ❑ interim sewage ❑ central water ❑ individual sewage ❑ individual water ❑ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ❑ central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines ❑ central water ❑ 10. Run-off is not to create a mosquito breeding problem. ❑ H. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 13. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store Sm Date: 2 / /-2 Reviewed By: Review Sheet CDND 10/91 rd, m. 7/97 "NN,ACL MAR 0 9 1999 Engineers Inc City of Meridian City Clerk Office TO: Shari Stiles Planning and Zoning Administrator 200 E. Carlton, Suite 201 Meridian, ID 83642 DATE: March 8, 1999 RE: Tremont Place Subdivision Ms. Stiles: In accordance with your staff report dated March 5, 1999 on the above referenced project, we submit the following response: GENERAL INFORMATION 1. We concur with staff and agree with "single-family housing in lieu of townhouse development" and in addition a range of house sizes ranging from 1,000 sq. ft. to 1,301 sq. ft. 2. We concur with staff's review, -sewer services will be approved by the City Engineer. 3. The proposed sewer grades have been discussed with Gary Smith who has indicated that these grades are more acceptable than the alternative sewer lift station. All other aspects of the sewer installation will be to Meridian Public Works standards as approved by the City Engineer. 4. We concur with staffs review, water service will be constructed to City standards and approved by the City Engineer. 5. The irrigation system will be owned and maintained by the Tremont Homeowners Association. 6. All street construction will be to City and ACHD standards. 7. We concur with staff pertaining to the legal description. 8. The proposed piping of the Nine Mile Drain is for 36" piping. 9. The preliminary plat has been replotted with the irrigation and water services shown through out. All fire hydrant s will be located within right-of-ways. 870 NORTH LINDER S= B - MERIDIAN. IDAHO 83642 - (208) 887-7760 - FAX (208) 887-7781 N N REZONING REQUEST REQUIREMENTS 1. We have reviewed the original minutes and requirements and concur with staff. 2. We believe that the conditions that should be changed are allowance of single-family homes and a range of house sizes ranging from 1,000 sq. ft. to 1,301 sq. ft. PRELIMINARY PLAT General Requirements: 1. We concur with staff and will pipe all irrigation/drainage ditches crossing the property. 2. We are not aware of any existing wells or septics on site. We will comply if any are located. 3. Five foot sidewalks are shown on the plat and noted in the legend. 4. Approval letters from the Street Name Committee and County Engineer will be submitted approving the subdivision name and street names. 5. Location of fire hydrant placement will be coordinated with the City Water Works Superintendent and Fire Department. 6. This letter is our response as required. Site Specific Requirements: 1. We will construct all sewer mains to service this development as approved by the Public Works Department. 2. We will construct all water mains to service this development as approved by the Public Works Department. 3. All ditch easements, right-of-ways are shown on the revised plat. Any areas of fill will be compacted and results submitted to the Building Department. 4. Streetlights will be installed as required by the Public Works Department. 5. Pressurized irrigation will be owned and maintained by the Tremont Homeowners Association. 6. Fences will be installed as required by the City. 7. A pedestrian walkway/bike path will be constructed along Nine Mile Creek. The common lot will be owned and maintained by the Tremont Homeowners Association. Detailed landscape plans including fencing will be submitted for approval by City Staff. 8. Same as above. 9. A 20 foot planting strip and berm can not be installed along the Union Pacific Railroad right-of- way due to the location of the Rutledge Lateral and it's access/maintenance road. 10. If additional groundwater monitoring is needed we will do so. Soils testing is also done in determining standards for road construction. 11. We currently anticipate that 6" water mains will provide sufficient fire flows. Once staff has conducted the hydraulic analysis we will address those results to provide fire flows. 12. We do not agree with the Nine Mile Creek being left open as is provides a hazardous attraction for young children even if fenced. Our preference is to pipe the Creek to create an open space lot for the use and enjoyment of the property owners. In addition, the lot will be owned and maintained by the Tremont Homeowners Association. The owner ,will obtain all necessary approval to pipe the drain. 13. The plat has been revised to reflect all utilities to all lots within the subdivision. 14. As provided for under Section 2-411-2, we would like to intersperse a varying size of houses ranging from 1,000 sq. ft. to 1,301 sq. ft. '15. Permanent and temporary turnarounds have been shown on the revised preliminary plat as required by the City and ACHD. We request that our application not be tabled. We have addressed all of the concerns of staff and would like a decision from the Commission on March 9, 1999. If you have any questions or comments regarding this matter, please call me at (208) 887-7760. Sincerel Robert rt C. Unger Project Manager cc: File #98870 Mike Homan ADA COUNTY DEVELOPMENT SERVICES PHONE: (208) 364-2277 650 MAIN STREET, BOISE, IDAHO 83702 FAX: (208) 364-2406 BUILDING • ENGINEERING • PLANNING • ZONING December 30, 1998 Bob Unger Pinnacle Engineers, Inc. 870 N. Linder, suite B Meridian, Idaho 83642 RE: Subdivision Name Reservation - TREEMONT SUBDIVISION Dear Bob: At your request I will reserve the name "TREEMONT SUBDIVISION' for your project. The word was not known to me but I found it as a street name on the internet. I can honor this reservation only as long as your project is in the approval process. Final approval can only take place when the final plat is recorded. Sincerely, ;1 fl J John E. Priester, P.E.L.S. County Engineer J Prp U MERIDIAN PLANNING AND ZONING MEETING: APRIL 13, 1999 U APPLICANT: LUNAVISTA, INC ITEM NUMBER: 4 REQUEST: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: COMMENTS SEE ATTACHED MINUTES FROM 3/9/99 NAMPA MERIDIAN IRRIGATION: 0_ SETTLERS IRRIGATION: /; v IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. ����4+ bib UPIA VJ) MERIDIAN PLANNO AND ZONING COMMISSION • MARCH 9, 1999 PAGE 26 MOTION CARRIED: All ayes. MacCoy: Next motion? Smith: I would like to make a motion that we recommend to the City Council approval of the request for rezone from I -L to L -O. De Weerd: To include staff comments. Smith: Including staff comments. De Weerd: Second. MacCoy: Any discussion? All in favor? MOTION CARRIED: All ayes. Rossman: Just for the record, when one indicates staff comments, that would include ACHD and departments within the city. MacCoy: Eric, do you want that spelt out that way? Rossman: No, that's fine, just so it's in the record that that is what the commissioners mean when they say staff comments. ITEM NO.11: PUBLIC HEARING: REQUEST FOR REZONE OF 9.838 ACRES FROM R-8 WITH CONDITIONS FOR TOWNHOUSES TO R-8 WITHOUT CONDITIONS FOR PROPOSED TREMONT PLACE SUBDIVISION BY LUNA VISTA, INC.—BROADWAY & 8T" STREET (725 W. 8T"): MacCoy: Staff? Stiles: Chairman MacCoy, commissioners, we have reviewed this application, you have our comments dated March 5, 1999. We did receive a revised plat, got it in our boxes today along with the applicants response. Most of the issues that remain deal with public works department and services to the project. We would ask that the project be continued to your April meeting, so that we can do the necessary studies and review the amended application. That's it. MacCoy: All right commissioners, you've heard the recommendation from staff. Smith: Mr. Chairman, I would like to make a motion that we continue this item until our April 13th meeting to allow staff to have necessary time to review the revised and amended material as well as the commission. MERIDIAN PLANNA AND ZONING COMMISSION • MARCH 9, 1999 PAGE 27 De Weerd: Second. MacCoy: Any discussion? None, okay, all in favor? Smith: Aye. De Weerd: Aye. Borup: So we are saying we aren't even opening the public hearing? MacCoy: No we are not, we are just continuing because no material. Borup: Okay. MacCoy: I need a motion. We just continue the public hearing is what we did. All right moving on to... Keith did you give an aye or nay on that? Borup: I didn't give either. MacCoy: Are you going to abstain on this or are you going to add to one side or the other? Borup: We have several people here, but it looks like nothing is going to be resolved tonight anyway, so okay. Aye. MOTION CARRIED: Motion carried: ITEM NO. 12: PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR TREMONT PLACE SUBDIVISION (36 SINGLE FAMILY BUILDING LOTS ON 9.838 ACRES) BY LUNA VISTA, INC.—BROADWAY & 8TH STREET (725 W. 8TH) MacCoy: Staff same comments? What do you want to say? Stiles: Yes chairman MacCoy, commissioners, there may be people out in the audience tonight that had come to testify, though I didn't know if you asked if there was any public comment, but they probably should be able to address any concerns that they have at this time, if they wish to testify. MacCoy: We could use it on this number right now, is that what you are suggesting? Number 12, since it is the same project would still be testimony for that project. Stiles: Yes. 0 MERIDIAN PLANNING AND ZONING MEETING: MARCH 9 1999 APPLICANT: LUNA VISTA, INC ITEM NUMBER: 11 REQUEST: REZONE OF 9.838 ACRES FROM R-8 WITH CONDITIONS FOR TOWNHOUSES TO R-8 WITHOUT CONDITIONS (TREMONT SUBDIVISION) - AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER 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 COMMENTS a* ` A &ktd- REVIEWED REVIEWED REVIEWED REVIEWED All Materials presented at public meetings shall become property of the City of Meridian.