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HomeMy WebLinkAboutTerra Townhouse Sub PP CUPMayor 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 & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: August 4, 1998 TRANSMITTAL DATE: July 20, 1998 HEARING DATE: Auugst 11, 1998 REQUEST: CONDITIONAL USE PERMIT FOR 8 ZERO LOT LINE TOWNHOUSES BY: JIM HICKS LOCATION OF PROPERTY OR PROJECT: EAST OF W. 7T" AND SOUTH OF IDAHO TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT _FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER CITY FILES MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM & FINAL YOUR CONCISE REMARKS: 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 (20S) 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 & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: August 4 1998 TRANSMITTAL DATE: July 20 1998 HEARING DATE: Auugst 11, 1998 REQUEST: PRELIMINARY PLAT FOR PROPOSED TERRA TOWNHOUSE SUBDIVISION BY: JIM HICKS LOCATION OF PROPERTY OR PROJECT: EAST OF W. 7TH AND SOUTH OF IDAHO TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT _FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER CITY PLANNER CITY FILES MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL YOUR CONCISE REMARKS: To: Shari Stiles Planning &`Zoning Administrator City of Meridian 200 E. Carlton, Suite 201 Meridian, Idaho 83642 Date: July 16, 1998 RE: Terra Townhouse Subdivision . Dear Ms. Stiles: On behalf of Jim Hicks, Accent Homes L.L.C., we are submitting this application for a Conditional Use and Subdivision Preliminary Plat on .4419 acres located at 623 & 625 W. Idaho Street,' Meridian, Idaho (lots 2 & 3 Terra Subdivision) Sectionl2, 3N, 1 W. The proposed project is a conversion of 2 four plexes into a subdivision consisting of 8 zero lot line townhouses, 8 carport lots, and 1. common open space lot. The property is currently zoned R15 with 2 existing four plexes, 8 carports, and 8 storage sheds under the carports. All utilities are available to the site. Each individual townhouse lot will have separate utilities. The conversion project will create 8 single family, zero lot line townhouses with each lot being linked by ownership to a carport lot which includes an individual storage shed. In addition, a common/open space lot is being provided for the use of the owners of the townhouses: The common lot at 7,362 sq. ft. ,exceeds the requirements of the Meridian Code for percentage of open space. As required, restrictive covenants are being submitted with this application for the continued maintenance of the common lot and assured quality of the project. Since this is an existing facility, we find it necessary to request a variance of Sections 2- 405-F (Street Access), 2-408-B (Density), and 2-410-A (Minimum lot area & front yard set back) of the Meridian Code in order to subdivide the buildings for individual ownership: The conversions of the existing four plexes into townhouses will not change the general use or character of the property and as such will not cause any change in the impact on the surrounding properties which have uses consistent with this project. The surrounding area is predominantly multi -family facilities zoned R15. In addition, the traffic impact 870 NORTH LINDER SUITE B MERIDIAN,, IDAHO 83642 (208) 887-7760 FAX (208) 887-7781 from this conversion will not have any adverse impact on the adjacent roadways, intersections or properties. All Streets, curbs, gutter and sidewalks are constructed to standards as required by Ada County Highway District and Meridian Ordinance. y Statements of Compliance: 1. The proposed use is in conformance with the City of Meridian Comprehensive Plan. 2. The development will be connected to City services individually. 3.The preliminary plat will include all appropriate easements. 4. Existing "street names are not in coriflict with the City. grid system. If you have any questions or comments regarding this matter, please feel free to call me at (208) 887-7760. Sincerely, Bob Unger Project Manager Cc: File #97721 Jim Hicks, Accent Homes, L.L.0 Mike Homan i REQUEST FOR SUBDIVISION APPROVAL PRELIMINARY PLAT AND/OR FINAL PLAT PLANNING AND ZONING COMMISSION TIME TABLE FOR SUBMISSION: A request for preliminary plat approval must be in the City Clerk's possession no later than three days following the regular meeting of the Planning & Zoning Commission. The Planning and Zoning Commissiodwill hear the request at the monthly meeting following the month that the request was, made. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 P. M., Thursday following the Planning and Zoning Commission action. GENERAL INFORMATION 1. Name of Annexation and Subdivision: Terra Townhouse Subdivision 2. General Location: Lots 2 & 3 , Block2 , Terra Sub, Section 1 2 , 3N,1 W 3. Owners of Record:Accent Homes L.L.C. Address: 812 E. Martin ique,Merid'Zip_83642 Telephone 898-9963 4. Applicant: Jim Hicks Address: 812 E. Martinique,Merid, Zip 83642 Telephone 898-9963 5. Engineer: Bob Unger Firm:Pinnacle Engineers, Inc. 6. Name and address to receive City billings- Name: Accent Homes L.L.C. Address 812 E. Martinque, Meridian, ID 8364Xelephoiie 898-9963 PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres:,4 41 9 2. Number of building lots: 8 3. Number of other lots: 9 4.. Gross density per acre: 18 5. Net density per acre: 18 6. Zoning Classification(s): R-1 5 7. If the proposed subdivision is outside the Meridian City Limits but within the jurisdictional mile, what is the existing zoning classification? N/A 8. Does the rlat border a potential green belt? No 9. Have recreational easements been provided for? No 10. Are there proposed recreational amenities to the City? No Explain Lot 9 --Is an open space/Common Lot for use_hy rp- i Pnka_ 1- 1. Are there proposed dedications of common areas? Yes Explain Lot 9 is a dedicated common Lot for use by residents. For future parks? No* Explain 12. What schools) service the area? Meridian. Do you propose any agreements for fiiture.school sites? No Explain Existing -development. 13. Are there any other proposed amenities to the City? No Explain Existing BeveleA�nent ' 14. Type of Building (Residential, Commercial, Industrial or combination): residential 15. Type ofDwelling(s) (Single Family, Duplexes, Multiplexes, other): Townhouses 16. Proposed Development features: a„ Minimpm square footage of lot(s):1082 SQ . FT . b. Mmmium square footage of t m- . Fr. C. Are garages provided for? Carports Squarefootage: 250-275 SQ. FT. d. Has landscaping been provided for? Yes Describe: Existing e. Will trees be provided for?Ex i s t i n Vill trees be maintained? Yes: £ Are sprinkler systems provided for? Yes g. Are there multiple units? Yes Type• Townhouses Remarks: IL Are there special set back requirements? Yes Explain: Zero Lot Lines i. Has off street parking been provided for? Yes $xplain: Existing j. Value range of property:. $ A o . arno,_ o o_ � 9 o , o o o _ o o IL Type of financing for development: .N / A ( Ex i s t i ncr ) L Were protective covenants submitted? Yes fie: 7/16/98 17. Does the proposal land lock other property? No Does it create Enclaves? No STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. 2. Proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. Development will connect to City services. 4. Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. 6. Street names must not conflict with City grid system. 9-604 B PRE -APPLICATION MEETING The developer shall meet with the Administrator prior to `he submission of the Preliminary Development Plan. The purpose of this meeting is to discuss early and informally the purpose and effects of this Ordinance and the criteria and standards contained herein, and to familiarize the developer with the Comprehensive Plan, Zoning Ordinance; Subdivision Ordinance and such other plans and ordinances as deemed OCT -23-1997 11:45 nWeotaEraatr oF: CE TME & �W CORP. 970533!9 R0ER 1:' 1F -RD 30t5F 1D " ALLIANCE raT1,E, '97 HUG 7P11 e4 41 GEP SL AeAD.sAPeRovaositoaAnrraBM:�,. FE� R@[�,� ri,�.f:E9t15 TG OF 3FAC1 g=!1 GJNH POR RSCOiDWO DATA 0050 }} Order No.: 97069033 JG/PB WARRANTY DEED FOR VALUERWEM3D BLAINS M HICKS, AN UMMIXED PERSON mtANTOR(8), does(do) hereby BRANT. BARGAIN, SELL azul CONVEY unto ACCENT HOMS , L.L.C. ys(�1 �. r36 Vz Ix,tl'0 W GRANTlEE(S), whose enrtent address ie: , the following dazactabed teal peopeety in ADA Cwaty, Stale of Idaho, mm particuWly desexrbed as follows, to wit: Lots 2 and 3 is Block 2 of TERRA SUBDIVISION, according to the Official Plat thereof, filed in Hook 47 of'Plates at Page(a) 3814+3815, records of Ada County, Idaho. TO HAVE AND TO HOLD the acid premise, with their appurseelat►cm mato the Said Gra dee(s). and Gr=Ws) belts and assigns forever. And ft slid Gtanmr(a) doas(do), hereby coy== to and with the said am %Ws), that trmw(s) !elate the owners) in fee: simple of said pterarsm; that acid ptanises are free from all easombraaaa, >?XCM thane to which this canvWmime is expressly made subjem and those made, suffered or dose by thea Graettee(s)t and xubjed so rimevatiom, eesnitdions. dedications, amnas b. r4ft of way and apr , (if my) of laved, and gem el taxa and qtr, (Wodaap irrigatlam and utility mimaena *, if any) for tinetrtwu:e tt year, which are not yet due and payable, std tlW GrWWs) will wu mts and WOW she mm from all lawful claims whammm. Dated: August 06:, 1997 STATE OF ID ) COUNTY OF ADA ) On this 6th day of August , in the yest of 19 9 7 , before me. the utaiecsWied, a Notary Public in and for acid States pimunaliy appeared BLAINS M. HICKS known or kknd xd to me to,pc the pasmi(s) whim sane($) israre subacribcd to the wkbin bstrurnsatt. and admowbdged w ov i"'Ad examd the sazne. to taOT i Signatme.'1'v� t r 4*y _ ' * Name• PAMM A J . BIGBLOW a ,p.AU BL I * � errwr�► o Residing at: BOISE, IDAHO Il -3 Inn P.03 N A1 " = 600' TERRA TOWNHOUSE SUBDIVISION VICINITY MAP N A1 " = 300' I -L TERRA TOWNHOUSE SUBDIVISION FBI I I I 1 11 II ' 11 II II , III / dQq II I i II I 11 A 66 "'I LI D m 3ill m s O y> k "1 1�*1 k °� (0 At iii,. inl , i � u1 i n I i u I i u1 N A 0 FA bd EE E e � m �y� � m -p N 5140 r � --I y� 'o0 A E IL^ iiu I � y u NO MOWS- I I I 1 11 II ' 11 II II , III / dQq II I i II I 11 A 66 "'I LI D m 3ill m s O y> k "1 1�*1 k °� (0 At fir- 3 Z 9 m n D O Z N A 0 FA bd EE E e � m �y� � m -p N 5140 r � --I y� 'o0 A E o m y NO MOWS- 111 I III t9� -- 1,.: -- -- -- --- -- �,`.�-:1 -- — "'� � _i 111 •� TERRA TOWNHOUSE SUBDIVISION x" F�RELI M 1 NARY PLAT .Ila I 11 , � • '• L. n. .I 111 1 III f C1 • t 111 ,__ 0o c u ,. I I I 1 11 II ' 11 II II , III / dQq II I i II I 11 A 66 "'I LI D m 3ill m s O y> k "1 1�*1 k °� (0 At 11:04 PINNA CLE Engineers. Inc.. pall w— fir- 3 Z 9 m n D O Z N A 0 FA bd EE E e � m �y� � m -p N 5140 r � --I y� 'o0 A E o m y t9� a ' TERRA TOWNHOUSE SUBDIVISION F�RELI M 1 NARY PLAT J 1 Immix F—x 1 C FC S f C1 11:04 PINNA CLE Engineers. Inc.. pall w— CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT r(; Jim Hicks, Accent Homes L.L.0 PHONE:898-9963 ADDRESS: 812 E. Martinique, Meridian, ID 83642 GENERAL LOCATION: Lots 2 & 3, Block 2, Terra Sub, Section 1 2 , 3N,1 W DESCRIPTION OF PROPOSED CONDITIONAL USE: Subdivision of 2 existing w Four Plexes into 8 zero lot line Townhouses. ZONING CLASSIFICATION: R 15 I certify that the information contained herein is true and LEGAL, NOTICE OF PUBLIC HEARING Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and Zoning Commission wHl hold a Public Hearing in the Meridian City Hall on at _.m. The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by the property generally described as located at SUBDIVISION, BLOCK , LOT TO �� I BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF JIM HICKS, APPLICATION FOR PRELIMINARY PLAT PERMIT FOR TERRA TOWNHOUSE SUBDIVISION, EAST OF W. 7TH AND SOUTH OF IDAHO, MERIDIAN, IDAHO FINDINGS AND ORDER OF APPROVAL OF PRELIMINARY PLAT J?EcEr\7]ED FEB 0 4 1999 CITY Of IRIDIAN PLANNING & ZONING The above entitled matter coming on regularly for public hearing before the City Council on the 17th day of November, 1998. Appearing at the hearing on behalf of the Applicant was Mr. Bob Unger of Pinnacle Engineers, Inc. Appearing in opposition was Terril Jared of 624 West Broadway, Meridian, Idaho, who appeared and then withdrew his opposition. The City Council received a report from Shari Stiles, the Planning and Zoning Administrator, and received and reviewed the transcript of the public hearing as Item #2 held before the Planning and Zoning Commission on October 13, 1998, and the record of the proceedings before the Planning and Zoning Commission including the application and the preliminary plat drafted by Pinnacle Engineers, Inc., entitled Preliminary Plat for Terra Townhouse Subdivision, dated 07-16-98, drawn by DAB, checked by David A. Bailey, P.E., Project No. 97721, Sheet PP -1, which was submitted for preliminary plat approval and which preliminary plat is herein received and adjudged by the City Council pursuant to Section 11-9-604, Municipal Code of the City of Meridian. Therefore the City Council makes the following findings: FINDINGS AND ORDER OF APPROVAL OF PRELIMINARY PLAT FOR TERRA TOWNHOUSE SUBDIVISION/ JIM HICKS FINDINGS OF FACT 1. That the proposed development is in conformance with the Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Comprehensive Plan and Map, adopted December 21, 1993, and the property is presently zoned R-15, Medium High Density Residential District, which provides for the establishment of medium-high density single-family attached and multi -family dwellings at a density not exceeding fifteen (15) dwelling units per acre. All such districts must have direct access to a transportation arterial or collector, abut or have direct access to a park or open space corridor, and be connected to the Municipal Water and Sewer systems of the City of Meridian. The predominant housing types in this district will be patio homes, zero lot line single-family dwellings, townhouses, apartment buildings and condominiums. [see Section 11-2-408 B 5, Municipal Code of the City of Meridian.] 2. This proposal is a resubdivision of all of Lots 2 and 3, Block 2, of Terra Townhouse Subdivision lying in the NW 1/4 of the SE 1/4 of Section 12, Township 3 North, Range 1 West, Boise Meridian, which townhouses shown on the preliminary plat are currently constructed and occupied. The apartments were constructed to townhouse standards with the exception of individual sewer and water services. A new seweF main extension will serve the individual FINDINGS AND ORDER OF APPROVAL OF PRELIMINARY PLAT FOR TERRA TOWNHOUSE SUBDIVISION/ JIM HICKS townhouses. New water meters will be constructed for individual service to each townhouse. Each of Lots 5-8 and 10-13 of Block 1 will be sold with the lot on which the carport serves the townhouse. Lot 9, Block 1 is a common lot and will be owned and maintained by the homeowner's association. 3. The preliminary plat is in conformance with the Comprehensive Plan City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4, 1994, as set forth in Residential Policies, therein at Sections 2.1 U and 2.5U on page 23 and at the Housing Policies at pages 67 and 68, Sections 1.1, 1.3, 1.4, 1.9 and 1.19, and the Neighborhood Identity Goal Statement at page 74, Sections 6.4U and 6.5U and is in conformance with existing Zoning and Development Ordinance and Zoning Map as is referenced at page 75 under Implementation of the Comprehensive Plan. 4. It is determined that Urban Services can be made available to accommodate the proposed development if the plat complies with the following responses of government entities providing those services within this planning jurisdiction were received from the City's Planning and Zoning Administrator, includes the following: A. Existing single sanitary sewer services to this site will have to be converted to a new private sewer main and service lines to each unit. Applicant will be responsible to construct the private sewer main through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. FINDINGS AND ORDER OF APPROVAL OF PRELIMINARY PLAT FOR TERRA TOWNHOUSE SUBDIVISION/ JIM HICKS B. Existing single water services to this site will have to be converted to individual metered services. Applicant will be responsible to construct the water system improvements to and through this proposed development. Subdivision designer to coordinate sizing and routing with the Public Works Department." 5. The proposed development is a continuity of the proposed development within the City's Capital Improvement Program and if the conditions which are requested by the City's Planning and Zoning Administrator and as proposed by the developer as stated on the preliminary plat there will be public financial capability of supporting services for the proposed development. 6. The development if built in accordance with the conditions and as proposed, will not create health, safety or environmental problems and there have been no specifics of any such concerns brought to the Council's attention. ORDER Pursuant to the City Council's authority as provided in Section 11-9-604E of the Municipal Code of the City of Meridian and based upon the above and foregoing Findings of Fact IT IS HEREBY ORDERED AND THIS DOES ORDER the Preliminary Plat of the applicant as evidenced by Pinnacle Engineers, Inc., entitled Preliminary Plat for Terra Townhouse Subdivision, dated 07-16-98, drawn by DAB, checked by David A. Bailey, P.E., Project No. 97721, Sheet PP - 1, be and the same is hereby approved with conditions of approval as follows to - FINDINGS AND ORDER OF APPROVAL OF PRELIMINARY PLAT FOR TERRA TOWNHOUSE SUBDIVISION/ JIM HICKS wit: 1. If there are any existing irrigation/drainage ditches crossing the property to be included in this project, they shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2. If there are any existing domestic wells and/or septic systems within this project they will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 4. Existing single sanitary sewer services to this site will have to be converted to a new private sewer main and service lines to each unit. Applicant will be responsible to construct the private sewer main through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 5. Existing single water services to this site will have to be' converted to individual metered services. Applicant will be responsible to construct the water system improvements to and through this proposed development. Subdivision designer to coordinate sizing and routing with the Public Works Department. 6. If there are any existing ditch easements the preliminary plat map shall so indicate. 7. The 90' diameter temporary turnaround easement to be shown on the plat. 8. Conditioned upon the Public Works Department reviewing the sewer and water assessment records to determine if the proposed townhouse conversion would require the payment of additional assessments. Applicant will be required to enter into an FINDINGS AND ORDER OF APPROVAL OF PRELIMINARY PLAT FOR TERRA TOWNHOUSE SUBDIVISION/ JIM HICKS Assessment Agreement with the City of Meridian prior to signature on the final plat map. By action of the City Council at its regular meeting held on November 17, 1998. ) n By:/{ --RZ7 ERT D. CORRIE Mayor, City of Meridian Copy served upon Applicant, the Planning and Zoning Department and the Public Wo ks Department. By. City Clerk OFr errrrrrrr�,* w SEAL m sattNe�```�,```, Dated: //������ FINDINGS AND ORDER OF APPROVAL OF PRELIMINARY PLAT FOR TERRA TOWNHOUSE SUBDIVISION/ JIM HICKS 'v��� Tawr�ust S�dc✓ To: Mayor and City Council cc. Shari Stiles Gary Smith Re: Agenda Item No. 4 City Council meeting X11-1 8 From: Bill Gigray, City Attorney Date: 11-17-98 Prior Action of Planning and Zoning Commission: Approved Preliminary Plat no conditions Public hearing required before Council Hearing Requirements of the Ordinance: [§ 11-9-604E] Administrator shall report on the status of the application In consideration of the proposed development the Council shall Consider the requirements of the subdivision ordinance and make findings before approval that: 1. It is in conformance with the City's Comprehensive Plan 2. The availability of urban services to accommodate the proposed development; 3. The continuity of the proposed development within the City's capital improvement program; 4. The public financial capability of supporting services for the proposed development; and 5. Health, safety, or environmental problems that may be brought to the attention of the Council. Council Action: May decide to table [45 day maximum] and require the Administrator, applicant and interested parties to negotiate items in accordance with § 11-9- 604E5 Municipal Code; or Approve, approve with conditions, deny, or table the preliminary development plan. MERIDIAN CITY COUNCIL MEETING: NOVEMBER 17 1998 APPLICANT: JIM HICKS ITEM NUMBER: 4 REQUEST: PRELIMINARY PLAT FOR TERRA TOWNHOUSE 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: BUREAU OF RECLAMATION: OTHER: COMMENTS SEE ATTACHED MINUTES FROM P & Z All Materials presented at public meetings shall become property of the City of Meridian. 0-13-73 CkCCcc( 6&ICnJ iz MERIDIAN PLANNING AND ZONING COMMISSION MEETING OCTOBER 13, 1998 PAGE 4 Smith: Well in the future maybe we can do something about this, so this doesn't happen again. This happens all the time and it's just a waste of everybody's time. MacCoy: Okay, we'll see if we can clean it up then here. Let me ask the city clerk, did you recognize that when it came in? Was it an 8.5" X 11" material or is it something like a full set of drawings? 16" 17" in that area? Smith: Maybe a suggestion even if it's not in our application requirements it might be beneficial for this commission if staff would point out to applicants in the future that we are going to expect to have that stuff and suggest to them strongly that they submit extra copies in addition to what the minimum requirements say in the ordinance before we can get that thing amended. Just a suggestion because next time it happens I'll be saying the same thing again. MacCoy: Okay, Commissioner Smith, the clerk is showing me that it was a large drawing and elevations on it and it's not reproducible. Okay here's the (Inaudible) and you've already got this. Can we go on now? Smith: I have nothing else. MacCoy: Where did I leave off here? The applicant we have covered on a standpoint of timing that we would like to hold the applicant to fifteen minutes max and if he feels or she feels that she has more to say when they get up here and if it's going to take more than fifteen minutes and we've had this happen recently, then it's thrown back to the commissioners and they allow us whatever the time is that the person thinks they have to have and we look at the project to see if it warrants that. As far as the public when we have public hearing, we're going to limit the public to five minutes at the podium up here and I ask for your help here in this situation and that if you would be to the point and talk to the items and not to a lot of other things and if you've got something to say and somebody gets up before you do and says pretty much what you said, then I ask since it all goes on tape and is printed up in a record book, then your problems or concerns are recorded. That's not to limit you, if you feel the person didn't really say it the way that you wanted it to hear it said or you didn't cover the final points, then you have the right to come up and make your statement. I'm just asking for your services to help us get this thing done so you don't have to sit there, nor do we, the rest of the night to do this. I thank you for that. ITEM NOA: REQUEST FOR PRELIMINARY PLAT FOR PROPOSED TERRA TOWNHOUSE SUBDIVISION BY JIM HICKS—EAST OF W. 7TH AND SOUTH OF IDAHO: (CONTINUED AFTER ITEM NO. 2) BOB UNGER, 870 N. LINDER ROAD, SUITE B, MERIDIAN ID. WAS SWORN IN BY THE ATTORNEY. MERIDIAN PLANNING AND ZONING COMMISSION MEETING OCTOBER 13, 1998 PAGE 5 Unger: As reviewed in your minutes of August 31", we presented this application to the commission at that time, I know you have a lot of things on the agenda. Nothing has changed, we reviewed the conditions of approval that are recommended by staff. Just very briefly once again these are two existing four plexes that we are proposing to turn into townhouses, zero lot line townhouses. Once again, I'd like to say that they are existing, we have existing services. We will have to do some individual metering which we've agreed to do and it is part of the conditions of approval. We do have common area that is, we have some grassy area for use of the property owners and then the gray is the existing concrete parking sidewalks, patios and like I said, we have no problems at all with conditions of approval and request your recommendation for approval to the City Council. Borup: No questions. De Weerd: No questions. Smith: No questions. Nelson: I have no questions. Borup: We've already gone through all this once. I think the reason it's here is because findings weren't prepared at the last meeting. Is that correct? MacCoy: Yes. (Inaudible) Borup: Mr. Chairman, I think staff may have a comment. MacCoy: Okay, staff? Stiles: Chairman MacCoy, commissioners, the reason this item was tabled last time was because the findings weren't prepared. The motion was you wanted to wait till you could act on the conditional use permit findings, prior to acting on the preliminary plat, so this is not a public hearing. You should be able to act on the findings and the plat without additional testimony. MacCoy: You can sit down now, we'll take care of the rest of the business now. Moving on to item—holding on to item number one presently till we get to item two, which is the findings of fact and conclusions of law. ITEM NO. 2: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR 8 ZERO LOT LINE TOWNHOUSES IN TERRA TOWNHOUSE SUBDIVISION BY JIM HICKS — EAST OF W. 7TH AND SOUTH OF IDAHO: MERIDIAN PLANNING AND ZONING COMMISSION MEETING OCTOBER 13, 1998 PAGE 6 Smith: Mr. Chairman, I would like to make a motion that Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions of Law. Borup: Second. MacCoy: I think this is going to be a roll call vote. Alright since we're on item two—that's what I've got right here, it's right on my sheet. ROLL CALL: Borup - yea, Smith - aye, De Weerd – yea, Nelson – yea. MacCoy: All ayes, what's the decision? Smith: Mr. Chairman, the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit for the uses set forth within these Findings of Fact and Conclusions of Law as requested by the applicant for the property described in the application with the conditions set forth within these Findings of Fact and Conclusions of Law and any other conditions required by the Meridian City Council. Borup: Second. MacCoy: All in favor? MOTION CARRIED: All ayes. ITEM NO. 1: REQUEST FOR PRELIMINARY PLAT FOR PROPOSED TERRA TOWNHOUSE SUBDIVISION BY JIM HICKS – EAST OF W. 7T" AND SOUTH OF IDAHO: MacCoy: Going back to item one, which is the preliminary plat. Having passed the Findings of Fact and Conclusions of Law, what is your direction on that? Borup: Mr. Chairman I move that we recommend City Council approval of this preliminary plat. Nelson: Second. MacCoy: All in favor? MOTION CARRIED: All ayes. MacCoy: Number one is approved also. MERIDIAN CITY COUNCIL MEETING: NOVEMBER 17, 1998 APPLICANT: JIM HICKS ITEM NUMBER: 5 REQUEST: CONDITIONAL USE PERMIT FOR TERRA TOWNHOUSE SUBDIVISION AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES FROM P & Z 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. cl_� MERIDIAN PLANNING AND ZONING COMMISSION MEETING OCTOBER 13, 1998 PAGE 5 Unger: As reviewed in your minutes of August 31st, we presented this application to the commission at that time, I know you have a lot of things on the agenda. Nothing has changed, we reviewed the conditions of approval that are recommended by staff. Just very briefly once again these are two existing four plexes that we are proposing to turn into townhouses, zero lot line townhouses. Once again, I'd like to say that they are existing, we have existing services. We will have to do some individual metering which we've agreed to do and it is part of the conditions of approval. We do have common area that is, we have some grassy area for use of the property owners and then the gray is the existing concrete parking sidewalks, patios and like I said, we have no problems at all with conditions of approval and request your recommendation for approval to the City Council. Borup: No questions. De Weerd: No questions. Smith: No questions. Nelson: I have no questions. Borup: We've already gone through all this once. I think the reason it's here is because findings weren't prepared at the last meeting. Is that correct? MacCoy: Yes. (Inaudible) Borup: Mr. Chairman, I think staff may have a comment MacCoy: Okay, staff? Stiles: Chairman MacCoy, commissioners, the reason this item was tabled last time was because the findings weren't prepared. The motion was you wanted to wait till you could act on the conditional use permit findings, prior to acting on the preliminary plat, so this is not a public hearing. You should be able to act on the findings and the plat without additional testimony. MacCoy: You can sit down now, we'll take care of the rest of the business now. Moving on to item—holding on to item number one presently till we get to item two, which is the findings of fact and conclusions of law. ITEM NO. 2: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR 8 ZERO LOT LINE TOWNHOUSES IN TERRA TOWNHOUSE SUBDIVISION BY JIM HICKS - EAST OF W. 7T" AND SOUTH OF IDAHO: MERIDIAN PLANNING AND ZONING COMMISSION MEETING OCTOBER 13, 1998 PAGE 6 Smith: Mr. Chairman, I would like to make a motion that Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions of Law. Borup: Second. MacCoy: I think this is going to be a roll call vote. Alright since we're on item two—that's what I've got right here, it's right on my sheet. ROLL CALL: Borup - yea, Smith - aye, De Weerd – yea, Nelson – yea. MacCoy: All ayes, what's the decision? Smith: Mr. Chairman, the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit for the uses set forth within these Findings of Fact and Conclusions of Law as requested by the applicant for the property described in the application with the conditions set forth within these Findings of Fact and Conclusions of Law and any other conditions required by the Meridian City Council. Borup: Second. MacCoy: All in favor? MOTION CARRIED: All ayes. ITEM NO. 1: REQUEST FOR PRELIMINARY PLAT FOR PROPOSED TERRA TOWNHOUSE SUBDIVISION BY JIM HICKS – EAST OF W. 7T" AND SOUTH OF IDAHO: MacCoy: Going back to item one, which is the preliminary plat. Having passed the Findings of Fact and Conclusions of Law, what is your direction on that? Borup: Mr. Chairman I move that we recommend City Council approval of this preliminary plat. Nelson: Second. MacCoy: All in favor? MOTION CARRIED: All ayes. MacCoy: Number one is approved also. BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION IN THE MATTER OF THE APPLICATION ) OF JIM HICKS, EAST OF W. 7T" AND SOUTH) FINDINGS OF FACT AND OF IDAHO, THE APPLICATION FOR ) CONCLUSIONS OF LAW AND CONDITIONAL USE PERMIT FOR 8 ZERO ) RECOMMENDATION TO CITY LOT LINE TOWNHOUSES, LOTS 2 AND 3, ) COUNCIL BLOCK 2, TERRA SUBDIVISION, MERIDIAN, ) IDAHO ) The above entitled conditional use permit application having come on for public hearing on August 11, 1998 and August 31, 1998, at the hour of 7:00 o'clock p.m., on said date at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant appearing in person, and having duly considered the matter, the Planning and Zoning Commission makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearings scheduled for August 11, 1998 and August 31, 1998, before the Planning and Zoning Commission, the first publication appearing and written notice having been mailed to property owners or purchasers of record within 300 feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearings and with the notice of public hearing having been posted upon the property under consideration more than one FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 CONDITIONAL USE PERMIT - JIM HICKS ZERO LOT LINE IN AN R-15 week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the Planning and Zoning Commission at the August 11, 1998 and September 31, 1998 public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and §11-2-416E and 418E as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. The property is located within the City of Meridian; that the general location of the property is East of W. 7' and South of Idaho, Meridian, Idaho, and described in the application which description is incorporated herein. 4. The applicant is the record owner of the property and has filed a written request for a conditional use permit. 5. The Meridian Planning and Zoning Commission takes judicial notice of its Zoning, Subdivisions and Development Ordinances codified at Title 11, Municipal Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, adopted December 21, 1993, Ord. No. 629 -Jan. 4, 1994 and Maps and the Ordinance establishing the Impact Area Boundary. 6. The subject property is currently zoned (R-15), Medium High Density FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 CONDITIONAL USE PERMIT - JIM HICKS ZERO LOT LINE IN AN R-15 Residential District. The zoning of the Medium Density Residential District (R-15) is defined within the City of Meridian Zoning and Development Ordinance, Section 11-2- 408B(5). 7. The proposed application requests a conditional use permit for the subject property subdivision of two existing four plexes into eight (8) zero lot line townhouses. The R-15 zoning designation within the City of Meridian Zoning and Development Ordinance requires that a conditional use permit be obtained for most uses including the request by the applicant. (Meridian City Zoning and Development Ord., Section 11-2- 409). 8. The applicant testified at the public hearings that the particular characteristics of the subject property make the proposed conditional use desirable. 9. The applicant has agreed to pay any additional sewer, water or trash fees or charges, if any associated with the use. 10. The Assistant to the City Engineer, Bruce Freckleton, and the Meridian Planning and Zoning Administrator, Shari Stiles, have submitted comments, by and through a Memorandum dated August 7, 1998, and by and through testimony during the public hearings on this matter. Such report and comments are hereby incorporated herein. 11. The Meridian City Police Department, the Nampa & Meridian Irrigation District, the Ada County Highway District, and the Meridian Fire Department submitted comments which are also hereby incorporated herein. 12. The use proposed within the subject application will in fact, constitute a FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 CONDITIONAL USE PERMIT - JIM HICKS ZERO LOT LINE IN AN R-15 conditional use as determined by City Policy. 13. The proposed use within the subject application will be harmonious with and in accordance with the Comprehensive Plan in this Ordinance. 14. The use proposed within the subject application will be operated and maintained to be harmonious and appropriate in appearance or attended character within the general vicinity and that such use will not change the essential character of the same area. 15. The use proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 16. The use proposed within the subject application will be served adequately by central public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, and sewer. 17. The use proposed within the subject application will not create excessive additional requirements at public costs, for public facilities and services, and will not be detrimental to the economic welfare of the community. 18. The uses proposed within the subject application will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 CONDITIONAL USE PERMIT JIM HICKS ZERO LOT LINE IN AN R-15 "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian Planning and Zoning Commission may exercise all the powers required and authorized under the "Act' except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Title XI, Chapter I, Municipal Code of the City of Meridian. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. To occupy and use real property which is designated and zoned as Medium High Density Residential (R-15) District within the City of Meridian for zero lot line townhouses requires approval by the Commission as provided for under the City of Meridian Zoning and Development Ordinance, 11-2-409. 5. The Commission has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding but the following standards are met (Section 11-2-418, City of Meridian Zoning and Development Ord.): a. Will, in fact, constitute a conditional use as determined by City policy FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 CONDITIONAL USE PERMIT - JIM HICKS ZERO LOT LINE IN AN R-15 b. Will be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; C. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; d. Will not be hazardous or disturbing to existing or future neighboring uses; e. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; f. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; and i. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 6. Prior to granting a conditional use permit in a Medium High Density Residential (R-15) District, one (1) public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for conditional use permit all in accordance with the provisions of Section 11-2-418(e) City of Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 CONDITIONAL USE PERMIT - JIM HICKS ZERO LOT LINE IN AN R-15 Zoning and Development Ordinance. 7. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Section 2-418(f), City of Meridian Zoning and Development Ordinance.) 8. When the Commission approves a conditional use permit it may impose conditions of that approval that reasonably: a. Minimize adverse impact on other development; b. Control the sequence and timing of development; C. Control the duration of development; d. Assure that the development is maintained property; e. Designate the exact location and nature of the development; f. Require the provision for on-site public facilities or services; and g. Require more restrictive standards than those generally required, in this Ordinance. 9. Having made the afore stated Findings of Fact and Conclusions of Law, the City of Meridian Planning and Zoning Commission hereby approves the proposed application for a conditional use permit for the uses set forth hereinabove with the following conditions: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 CONDITIONAL USE PERMIT - JIM HICKS ZERO LOT LINE IN AN R-15 a. It is provided that all requested conditions set forth within the memorandum of Bruce Freckleton, the Assistant to the Meridian City Engineer, and Shari Stiles, the Meridian Planning and Zoning Administrator, dated August 6, 1998 be complied with. b. All comments and conditions set forth by the Meridian City Police, Fire District, Ada County Highway District, and Nampa & Meridian Irrigation District must be complied with. 10. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 11. It is hereby recommended by the Meridian Planning and Zoning Commission that should be applicant meet the afore stated conditions that the requested conditional use permit for the uses set forth hereinabove be granted by the Meridian City Council to the applicant. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 CONDITIONAL USE PERMIT - JIM HICKS ZERO LOT LINE IN AN R-15 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions and Law. ROLL CALL CHAIRMAN MALCOLM MACCOY (TIE BREAKER) VOTED DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit for the uses set forth within these Findings of Fact and Conclusions of Law as requested by the applicant for the property described in the application with the conditions set forth within these Findings of Fact and Conclusions of Law, and any other conditions required by the Meridian City Council. MOTION: APPROVED:----. DISAPPROVED: 100998 -Final FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 CONDITIONAL USE PERMIT - JIM HICKS ZERO LOT LINE IN AN R-15 COMMISSIONER BORUP VOTED COMMISSIONER SMITH VOTED COMMISSIONER DEWEERD VOTED COMMISSIONER NELSON VOTED —– CHAIRMAN MALCOLM MACCOY (TIE BREAKER) VOTED DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit for the uses set forth within these Findings of Fact and Conclusions of Law as requested by the applicant for the property described in the application with the conditions set forth within these Findings of Fact and Conclusions of Law, and any other conditions required by the Meridian City Council. MOTION: APPROVED:----. DISAPPROVED: 100998 -Final FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 CONDITIONAL USE PERMIT - JIM HICKS ZERO LOT LINE IN AN R-15 MERIDIAN PLANNING & ZONING COMMISSION MEETING: OCTOBER 13, 1998 APPLICANT: JIM HICKS AGENDA ITEM NUMBER: 1 REQUEST: PRELIMINARY PLAT FOR TERRA TOWNHOUSE SUB. EAST OF W.7TH AND SOUTH OF IDAHO AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS SEE ATTACHED MINUTES FROM 8/31/98 BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. I MERIDIAN PLANNING AND ZONING CONMSSION SPECIAL MEETw4G AUGUST 31, 1998 PAGE 25 Borup: Second. MacCoy: Any discussion? De Weerd: Well, I think I would like to ask staff if they have any comments please. Freckleton: Commissioner De Weerd, members of the commission, I don't have anything above or beyond on what I had on my written comments. De Weerd: Have those been answered by their response? Freckleton: Yes they have. De Weerd: I have no further. MacCoy: Any other discussion? All in favor then? MOTION CARRIED: All ayes. ITEM NO. 4: PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR PROPOSED TERRA TOWNHOUSE SUBDIVISION BY JIM HICKS — EAST OF W 7T" AND SOUTH OF IDAHO: BOB UNGER, 870 N. LINDER ROAD SUITE B, MERIDIAN, ID. WAS SWORN IN BY THE ASSISTANT CITY ATTORNEY. Unger: I request that my testimony on item number five be carried over to item number four. De Weerd: I guess I would have one comment for Mr. Unger. In our process, we first order findings on the conditional use permit and we continue the preliminary plat until those findings come back and then we vote on those at the same time. Prior: Or you can table the preliminary plat if you would like. De Weerd: Okay, so I just wanted you to be aware of the process. Unger: I thank you, I have never been before this commission before, this is a new process for me so. (Inaudible) you'll end up tabling this and then it will come back in the meeting in October, is that correct? MacCoy: Right. De Weerd: Yes. MERIDIAN PLANNING AnD ZONING COMMISSION SPECIAL MEETi�,%j AUGUST 31, 1998 PAGE 26 Unger: With the findings. Prior: Then it will go on to the City Council, is this old town, no this isn't old town. It will go on to the City Council. MacCoy: 1 was wondering where you were coming from. Prior: I'm not sure. MacCoy: Okay, we are going to continue the public hearing, what's the... Prior: What's your preference, do you want to allow him to submit additional information, or do you want to cut it off now and wait for my findings. What's your preference? De Weerd: I would move to table. MacCoy: I'm going to close the public hearing officially and commissioner, what's the direction? De Weerd: Well, I would move that we table the request for preliminary plat for proposed Terra Townhouse Subdivision, now O'Hara to our October meeting. October 14? Stiles: Thirteenth. De Weerd: Thirteenth. Borup: Second. MacCoy: Any discussion? All in favor? MOTION CARRIED: All ayes. ITEM NO. 6: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR GROUP DAYCARE BY TINA CARRICO — 2052 N. LARK PLACE: MacCoy: Is the applicant here? TINA CARRICO, 2052 N. LARK PLACE, MERIDIAN, ID. WAS SWORN IN BY THE ASSISTANT CITY ATTORNEY. Carrico: I'm not really sure what I'm supposed to do. Prior: Just tell them what you want to do. MERIDIAN PLANNING & ZONING COMMISSION MEETING: OCTOBER 13 1998 APPLICANT: JIM HICKS AGENDA ITEM NUMBER: 2 REQUEST: CONDITIONAL USE PERMIT FOR 8 ZERO LOT LINE TOWNHOUSES FOR TERRA TOWNHOUSE SUB. EAST OF W.7rH AND SOUTH OF IDAHO AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: SEE ATTACHED MINUTES FROM 9/8/98 SEE ATTACHED FINDINGS BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 4 ITEM NO. 2: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR 8 ZERO LOT LINE TOWNHOUSES IN TERRA TOWNHOUSE SUBDIVISION BY JIM HICKS — EAST OF W. 7TH AND SOUTH OF IDAHO. MacCoy: Since that's a finding, we have no findings. De Weerd: To table? Okay, Mr. Chairman, I would like to move to table the Findings of Fact and Conclusions of Law for Terra Townhouse Subdivision till October 13th. MacCoy: Do I hear a second? Borup: Second. MacCoy: Any discussions? All in favor? MOTION CARRIED: All ayes. ITEM NO. 3: FINDINGS OF FACT AND CONCLUSIONS OF LAW REQUEST FOR CONDITIONAL USE PERMIT FOR OUTSIDE SEATING FOR STARBUCK'S BY SUE GENTY —1742 E. FAIRVIEW AVENUE: De Weerd: Mr. Chairman, I would like to move that the Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. Borup: Second. MacCoy: Roll call. Commissioner Borup? Borup: Aye. MacCoy: Commissioner Smith is absent. Commissioner De Weerd? De Weerd: Aye. MacCoy: Commissioner Nelson? Nelson: Aye. MacCoy: Any discussions at this point? I guess none. Recommendation? De Weerd: Mr. Chairman, the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit for outside seating with the conditions set forth in the BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION IN THE MATTER OF THE APPLICATION ) OF JIM HICKS, EAST OF W. 7T" AND SOUTH) FINDINGS OF FACT AND OF IDAHO, THE APPLICATION FOR ) CONCLUSIONS OF LAW AND CONDITIONAL USE PERMIT FOR 8 ZERO ) RECOMMENDATION TO CITY LOT LINE TOWNHOUSES, LOTS 2 AND 3, ) COUNCIL BLOCK 2, TERRA SUBDIVISION, MERIDIAN, ) IDAHO ) The above entitled conditional use permit application having come on for public hearing on August 11, 1998 and August 31, 1998, at the hour of 7:00 o'clock p.m., on said date at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant appearing in person, and having duly considered the matter, the Planning and Zoning Commission makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearings scheduled for August 11, 1998 and August 31, 1998, before the Planning and Zoning Commission, the first publication appearing and written notice having been mailed to property owners or purchasers of record within 300 feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearings and with the notice of public hearing having been posted upon the property under consideration more than one FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 CONDITIONAL USE PERMIT - JIM HICKS ZERO LOT LINE IN AN R-15 week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the Planning and Zoning Commission at the August 11, 1998 and September 31, 1998 public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and §11-2-416E and 418E as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. The property is located within the City of Meridian; that the general location of the property is East of W. 7t' and South of Idaho, Meridian, Idaho, and described in the application which description is incorporated herein. 4. The applicant is the record owner of the property and has filed a written request for a conditional use permit. 5. The Meridian Planning and Zoning Commission takes judicial notice of its Zoning, Subdivisions and Development Ordinances codified at Title 11, Municipal Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, adopted December 21, 1993, Ord. No. 629 -Jan. 4, 1994 and Maps and the Ordinance establishing the Impact Area Boundary. 6. The subject property is currently zoned (R-15), Medium High Density FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 CONDITIONAL USE PERMIT - JIM HICKS ZERO LOT LINE IN AN R-15 Residential District. The zoning of the Medium Density Residential District (R-15) is defined within the City of Meridian Zoning and Development Ordinance, Section 11-2- 408B(5). 7. The proposed application requests a conditional use permit for the subject property subdivision of two existing four plexes into eight (8) zero lot line townhouses. The R-15 zoning designation within the City of Meridian Zoning and Development Ordinance requires that a conditional use permit be obtained for most uses including the request by the applicant. (Meridian City Zoning and Development Ord., Section 11-2- 409). 8. The applicant testified at the public hearings that the particular characteristics of the subject property make the proposed conditional use desirable. 9. The applicant has agreed to pay any additional sewer, water or trash fees or charges, if any associated with the use. 10. The Assistant to the City Engineer, Bruce Freckleton, and the Meridian Planning and Zoning Administrator, Shari Stiles, have submitted comments, by and through a Memorandum dated August 7, 1998, and by and through testimony during the public hearings on this matter. Such report and comments are hereby incorporated herein. 11. The Meridian City Police Department, the Nampa & Meridian Irrigation District, the Ada County Highway District, and the Meridian Fire Department submitted comments which are also hereby incorporated herein. 12. The use proposed within the subject application will in fact, constitute a FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 CONDITIONAL USE PERMIT - JIM HICKS ZERO LOT LINE IN AN R-15 conditional use as determined by City Policy. 13. The proposed use within the subject application will be harmonious with and in accordance with the Comprehensive Plan in this Ordinance. 14. The use proposed within the subject application will be operated and maintained to be harmonious and appropriate in appearance or attended character within the general vicinity and that such use will not change the essential character of the same area. 15. The use proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 16. The use proposed within the subject application will be served adequately by central public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, and sewer. 17. The use proposed within the subject application will not create excessive additional requirements at public costs, for public facilities and services, and will not be detrimental to the economic welfare of the community. 18. The uses proposed within the subject application will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 CONDITIONAL USE PERMIT - JIM HICKS ZERO LOT LINE IN AN R-15 "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian Planning and Zoning Commission may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Title XI, Chapter I, Municipal Code of the City of Meridian. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. To occupy and use real property which is designated and zoned as Medium High Density Residential (R-15) District within the City of Meridian for zero lot line townhouses requires approval by the Commission as provided for under the City of Meridian Zoning and Development Ordinance, 11-2-409. 5. The Commission has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding but the following standards are met (Section 11-2-418, City of Meridian Zoning and Development Ord.): a. Will, in fact, constitute a conditional use as determined by City policy FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 CONDITIONAL USE PERMIT - JIM HICKS ZERO LOT LINE IN AN R-15 b. Will be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; C. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; d. Will not be hazardous or disturbing to existing or future neighboring uses; e. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; f. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; and i. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 6. Prior to granting a conditional use permit in a Medium High Density Residential (R-15) District, one (1) public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for conditional use permit all in accordance with the provisions of Section 11-2-418(e) City of Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 CONDITIONAL USE PERMIT - JIM HICKS ZERO LOT LINE IN AN R-15 Zoning and Development Ordinance. 7. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Section 2-418(f), City of Meridian Zoning and Development Ordinance.) 8. When the Commission approves a conditional use permit it may impose conditions of that approval that reasonably: a. Minimize adverse impact on other development; b. Control the sequence and timing of development; C. Control the duration of development; d. Assure that the development is maintained property; e. Designate the exact location and nature of the development; f. Require the provision for on-site public facilities or services; and g. Require more restrictive standards than those generally required, in this Ordinance. 9. Having made the afore stated Findings of Fact and Conclusions of Law, the City of Meridian Planning and Zoning Commission hereby approves the proposed application for a conditional use permit for the uses set forth hereinabove with the following conditions: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 CONDITIONAL USE PERMIT - JIM HICKS ZERO LOT LINE IN AN R-15 a. It is provided that all requested conditions set forth within the memorandum of Bruce Freckleton, the Assistant to the Meridian City Engineer, and Shari Stiles, the Meridian Planning and Zoning Administrator, dated August 6, 1998 be complied with. b. All comments and conditions set forth by the Meridian City Police, Fire District, Ada County Highway District, and Nampa & Meridian Irrigation District must be complied with. 10. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 11. It is hereby recommended by the Meridian Planning and Zoning Commission that should be applicant meet the afore stated conditions that the requested conditional use permit for the uses set forth hereinabove be granted by the Meridian City Council to the applicant. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 CONDITIONAL USE PERMIT - JIM HICKS ZERO LOT LINE IN AN R-15 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions and Law. ROLL CALL COMMISSIONER BORUP VOTED COMMISSIONER SMITH VOTED COMMISSIONER DEWEERD VOTED COMMISSIONER NELSON VOTED CHAIRMAN MALCOLM MACCOY (TIE BREAKER) VOTED DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit for the uses set forth within these Findings of Fact and Conclusions of Law as requested by the applicant for the property described in the application with the conditions set forth within these Findings of Fact and Conclusions of Law, and any other conditions required by the Meridian City Council. MOTION: APPROVED: 100998 -Final DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - CONDITIONAL USE PERMIT - JIM HICKS ZERO LOT LINE IN AN R-15 Page 9 MERIDIAN PLANNING AND ZONING MEETING: September 8, 1998 APPLICANT: JIM HICKS ITEM NUMBER: 2 REQUEST: CONDITIONAL USE PERMIT FOR TERRA TOWNHOUSE SUBDIVISION AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES 08/31/98 CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: SEE ATTACHED MEMO CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS 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. MERIDIAN PLANNING AND ZONING COMMISSION SPECIAL MEETING AUGUST 31, 1998 PAGE 23 MacCoy: You are correct. I don't know why we continue to have this problem. Alright taking item 5 first before item 4 the way it's been listed in the agenda, they are both public hearings. ITEM NO. 5: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR 8 ZERO LOT LINE TOWNHOUSES IN TERRA TOWNHOUSE SUBDIVISION BY JIM HICKS – EAST OF W 7T" AND SOUTH OF IDAHO: MacCoy: Is the applicant here this evening? BOB UNGER, 870 N. LINDER ROAD SUITE B, MERIDIAN, ID. WAS SWORN IN BY ASSISTANT CITY ATTORNEY. Prior: Sir, just to expedite matters, if you would like, you could talk about the conditional use permit and when the time comes up for the preliminary plat, rather than adding any additional information if you would just like to request that it be incorporated into your testimony as part of the preliminary plat. You could do it all under one shot then and we could save a little time if you would like. Unger: That's fine and I do request that. Prior: You can do it at the time when we open on the preliminary plat. Thank you. Unger: Mr. Chairman, commissioners, I will try to make this short. First of all, we have received approval from Ada County engineer for the name which would be O'Hara Townhouse Subdivision, instead of Terra. This project is an existing, there is two existing four-plexes with car ports and storage sheds. What we're requesting is to take the four-plexes and subdivide them into zero lot line townhouses. The zoning on the property is currently R-15 and we're not asking for any change to that. Why the—our client is asking to do this is of course, to be able to see the individual townhouses. We currently have existing services to the site and to the units. One of the conditions of approval will require that we do have individual utilities including sewer and water. That will be accomplished as part of our construction on the area. Land uses in the area are apartments and duplexes and apartments and the zoning in the area is R-15. It's kind of small, you could see the area over here. Lot number nine is a common lot for the homeowners and it's for their use and also they would be maintaining it and we have provided covenants for the use and maintenance which was in you're packets. The areas that we have in gray are sidewalks and the driveway parking areas. The green is all lawn and landscaping. This is all existing. We are also required to provide a per ACHD to provide a cross access agreement and that is being provided for use of the driveway in the parking areas. Since this is an existing facility, there will be no new impact on the surrounding area, streets or services. We feel that since the individual units will be under individual ownership, there probably be less impact on the area, as far as maintenance of MERIDIAN PLANNING AND ZONING COMMISSION SPECIAL MEETING AUGUST 31, 1993 PAGE 24 the units exterior and the landscaping and the general appearance of the units. We have reviewed all the comments from the staff and we have no problem with complying with the comments and conditions that they have offered. We did follow up with a letter discussing the compliance with their conditions of terms and I think we've responded to all of their concerns and have met all the requirements. We ask for your recommendation for approval. MacCoy: Commissioners? Borup: Mr. Chairman, the only question I have is, the temporary turn around is not there is it? Unger: The temporary turn around is not constructed, never was constructed. The easement does exist and that's why we have shown that on the plat. Borup: Yes, I drove by and didn't see that. Are you aware of anything happening to the property to the west? Unger: I'm not aware of anything going on. Borup: So nothing on continuing the road or anything? Unger: No, we're not aware of anything. Borup: I don't think have any other questions, only notes I had were just respond in writing and you've done that and that's the copy we've got. That's all I have Mr. Chairman. MacCoy: Commissioner De Weerd? De Weerd: No, I don't have any. MacCoy: Commissioner Nelson? Nelson: I have no questions. MacCoy:. Okay, do you want to sit down and we'll invite this as open public hearing. Is anyone here that would like to comment on this structure? Pretty quite house tonight. Then I'll close the public hearing and Commissioners, what is your desire? Nelson: Mr. Chairman, I would like to make a motion that we prepare a Findings of Fact and Conclusions of Law for this item. MacCoy: Is there a second to that? MERIDIAN PLANNING AND ZONING COMMISSION SPECIAL MEETING AUGUST 31, 1998 PAGE 25 Borup: Second. MacCoy: Any discussion? De Weerd: Well, I think I would like to ask staff if they have any comments please. Freckleton: Commissioner De Weerd, members of the commission, I don't have anything above or beyond on what 1 had on my written comments. De Weerd: Have those been answered by their response? Freckleton: Yes they have. De Weerd: I have no further. MacCoy: Any other discussion? All in favor then? MOTION CARRIED: All ayes. ITEM NO. 4: PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR PROPOSED TERRA TOWNHOUSE SUBDIVISION BY JIM HICKS — EAST OF W 7T" AND SOUTH OF IDAHO: BOB UNGER, 870 N. LINDER ROAD SUITE B, MERIDIAN, ID. WAS SWORN IN BY THE ASSISTANT CITY ATTORNEY. Unger: I request that my testimony on item number five be carried over to item number four. De Weerd: I guess I would have one comment for Mr. Unger. In our process, we first order findings on the conditional use permit and we continue the preliminary plat until those findings come back and then we vote on those at the same time. Prior: Or you can table the preliminary plat if you would like. De Weerd: Okay, so I just wanted you to be aware of the process. Unger: I thank you, I have never been before this commission before, this is a new process for me so. (Inaudible) you'll end up tabling this and then it will come back in the meeting in October, is that correct? MacCoy: Right. De Weerd: Yes. Memo To: Chairman Malcom MacCoy Commissioner Borup Commissioner Smith Commissioner DeWeerd Commissioner Nelson City Clerk's Office From: William F. Gigray, III City Attorney for Meridian Date: September 3, 1998 Re: MERIDIAN CITY ATTORNEY OFFICE Tena Townhouse Subdivision CUP, Tina Carrico CUP, Mel A. Lacy CUP, and Troutner Business Park Miscellaneous Application To Amend City Ordinance, Findings of Fact and Conclusions of Law, and the Development Agreement Gentlemen: To advise you of the above items and the Commissions request to have Findings prepared, it is our intention to work on these four projects at the same time for the Commissions consideration for the October 13th meeting. Due to the fact Monday is a holiday and a shortened week, and along with other projects in process within the Legal, Department this estimated date is the most reasonable date we can provide you. We appreciate your patience in this matter. 0 Page 1 SUSAN S. EASTLAKE, President GARY E. RICHARDSON, Vice President SHERRY R. HUBER, Secretary TO: Jim Hicks 812 E Martinique Meridian, ID 83642 FROM: Steve Arnold, Senior Analyst Planning & Development Divi SUBJECT: Preliminary Plat -Terra Townhouse/MPP Idaho Avenue, e/o 7th Street CU -22-98 RE ClEIVE]D SEP - 2 1998 CITY OF IMERIDLAIN August 20, 1998 On August 19, 1998, the Commissioners of the Ada County Highway District (hereafter called "District") took action on the Preliminary Plat as stated on the attached staff report. In order that the Final Plat may be considered by the District for acceptance, the Developer shall cause the following applicable standard conditions to be satisfied prior to District certification and endorsement: Drainage plans shall be submitted and subject to review and approval by the District. 2. If public street improvements are required: Prior to any construction within the existing or proposed public right-of-way, the following shall be submitted and subject to review and approval by the District: a. Three complete sets of detailed street construction drawings prepared by an Idaho Registered Professional Engineer, together with payment of plan review fee. b. Execute and Inspection Agreement between the Developer and the District together with initial payment deposit for inspection and/or testing services. c. Complete all street improvements to the satisfaction of the District, or execute Surety Agreement between the Developer and the District to guarantee the completion of construction of all street improvements. ada county highway district 318 East 37th • Boise, Idaho 83714-6499 Phone (208) 387-6100 • FAX (208) 345-7650 • E-mail: tellus©achd.ada.id.us August 20, 1998 Page 2 3. Furnish copy of Final Plat showing street names as approved by the Local Government Agency having such authority tQgdhju with payment of fee charged for the manufacturing and installation of all street signs, as required. 4. If Public Rights -of -Way Trust Fund deposit is required, make deposit to the District in the form of cash or cashier's check for the amount specified by the District. 5. Furnish easements, agreements, and all other datum or documents as required by the District. 6. Furnish Final Plat drawings for District acceptance, certifications, and endorsement. The final plat must contain the signed endorsement. The final plat must contain the signed endorsement of the Owner's and Land Surveyor's certification. 7. Approval of the plat is valid for one year. An extension of one year will be considered by the Commission if requested within 15 -days prior to the expiration date. Please contact me at 387-6170, should you have any questions. SA cc: Plan & Dev Svcs/Chron John Edney Chuck Rinaldi City of Meridian Pinnacle Engineers, Inc. (Bob Unger) ADA COUNTY HIGHWAY DISTRICT Planning and Development Division Development Application Report Preliminary Plat - Terra Townhouse Idaho Avenue e/o 7th Street Terra Townhouse is an 8 -lot residential subdivision on 0.44 -acres. The applicant is subdividing property that has two existing apartment buildings on the site. The applicant wishes to subdivide the property so that individual ownership of the apartment units would be possible. The site is located on the south side of Idaho Avenue, approximately 200 -feet east of W. 7th Street. This development is not estimated to generate any additional vehicle trips per day, however, there is an estimated 80 vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. Roads impacted by this development: Idaho Avenue ACHD Commission Date August 19, 1998 - 12:00 p.m. N 1" = 300' I -L TERRA TOWNHOUSE SUBDIVISION I -L r. -s ^I S T• '� 1 t--1 Lit 1 r— � yv—fcl �ryvi�+�wI13�1d ; _ ejY _.. •aaT 'ss oot'si, ci3 u t : - _� 1 NOISIAIdSf1S 35f10HNM01 tY�f�l31 'll •:i �� r : iii: � =1 N r V a �I :! 3 Q� •I{ ..1� i `v Vf $ Mill � � � V: a yya_ c7 p �p i°k cJ I y ° . �1 w Wzi © ?I < i _ p�33p 6¢ N et N a ` o IEe npi. I I' �33�$f !I C:� UUI •SII -- — -- 'll •:i �� , 'Il : iii: � =1 / I� I �' I �� ` t 'ii i� a �I :! 3 Q� •I{ ..1� i `v B $ Mill � � � , II IQ c ----- — ° 1 4� Ir h� Li� ii i t J iii i g� .• p ' I •• � �I��•5 i -� •g � r ,1_ I•• `.. _ • o F £ IEe I I' �33�$f !I I II II I 111— Cg �I •SII -- — -- In Ini I n ' li dl l 1^ 1 11 SII ¢ ill 1 n� II I' 'ii In i � iii I n 1 'n I ❑ � , I„1 E ati 'll •:i �� , 'Il : iii: � =1 / I� I �' I �� ` t 'ii i� a �I :! 3 Q� •I{ ..1� i Pm�y�t�� B , II IQ ----- — ° 1 4� Ir h� Li� ii i t J iii i g� .• p ' I •• � �I��•5 i -� •g � r ,1_ I•• `.. iii i � II, i. -f � �-,— I II II I 111— Cg �I •SII -- — -- In Ini I n ' li dl l 1^ SII ¢ ill 1 n� II I' 'ii In i � iii I n 1 'n I ❑ � , I„1 E ati Facts and Findings: A. General Information Owner - Accent Homes L.L.C. Applicant - Jim Hicks R-15 - Existing zoning 0.44 - Acres 8 - Townhouse lots n/a - Square feet of existing building 271 - Traffic Analysis Zone (TAZ) West Ada - Impact Fee Benefit Zone Western Cities - Impact Fee Assessment District Idaho Street Local street with no bike lane designation No traffic count available 132 -feet of frontage 60 -feet existing right-of-way (30 -feet from centerline) No additional right-of-way required Idaho Street is improved with a 37 -foot street section with curb, gutter and sidewalk. B. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. C. The applicant is subdividing property that has two existing apartment buildings on the site. The applicant wishes to subdivide the property so that individual ownership of the apartment units would be possible. Approximately 30 -feet south of the back of curb of Idaho Street are parking garages for the site. The parking garages access Idaho Street via an existing undefined driveway for the entire frontage of the site. Normally, staff would recommend that the applicant be required to locate driveways on Idaho Street a minimum of 5 -feet from the property lines, however, this will not be possible due to the existing parking facility and the proposed configuration of the lots. Staff recommends that the existing undefined driveway be approved. D. Lot 9, Block 1, is a common lot where the parking facility is located. All lots within the subdivision will be using Lot 9, Block 1, to access Idaho Street. Therefore, staff recommends that the applicant should be required to provide a recorded cross access between Lot 9, Block 1, and all other lots within the subdivision to be used for access to the public street prior to ACHD approval of the final plat. E. Idaho Avenue currently terminates at the site's east property line. When Terra Subdivision was approved on April 26, 1979, the applicant was required to provide a temporary easement for a TERRATWN.COM Page 2 turnaround at the terminus of Idaho Street. The easement was noted on the final plat for Terra Subdivision. F. As required by District policy, restrictions on the width, number and locations of driveways, may be placed on future development of this parcel. G. The existing transportation system will be adequate to accommodate the additional traffic generated by this proposed development with the requirements outlined within this report. The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACHD approval of the final plat: Site Specific Requirements: 1. Provide a recorded cross access between Lot 9, Block 1, and all other lots within the subdivision to be used for access to the public street prior to ACHD approval of the final plat. Standard Requirements: 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically iden i each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardshipor inequity. The written request shall be submitted to the District no later than 9.00 a.m. on the day scheduled for ACHD Commiss. a .tion Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the .item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within two weeks of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically id n i each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. Payment of applicable road impact fees are required prior to building construction in ac,:coriance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. TERRATWN.COM Page 3 8 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 8. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Conclusion of Law: 1. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. TERRATWN.COM . Page 4 PINNACLE Engineers, Inc. To: Shari Stiles, P & Z AdministratorCEI� City of Meridian L1 33 East Idaho AUG 1 1 1996 Meridian, Idaho 83642 CITY OF MERIDIAN PLANNING & ZONING Date: August 10, 1998 Re: Terra Townhouse Subdivision, response letter Ms. Stiles: In response to your letter dated August 7, 1998 pertaining to the above referenced project, I am providing the following information and responses to the conditions of the application. GENERAL COMMENTS 1. There are no existing irrigation/drainage ditches crossing the property that would be included in this project. 2. There are no domestic wells or septic systems within this project. 3. The street accessing this property is existing and as such has an existing street name approval. I am currently waiting for the subdivision name approval from the County Engineer. The Final Plat will reflect the approved name. 4. This letter is to be considered as our response to the comments. Ten copies of the Preliminary Plat Map will accompany this letter. SITE SPECIFIC COMMENTS 1. As stated in our application letter, all utilities are available to the site and we anticipated the installation of individual sewer and water services to each unit. 2. (see above) 3. , There are no existing ditch easements on the property. 4. The temporary turnaround easement is existing and must be shown on the plat. 870 NORTH LINDER SUITE B - MERIDIAN. IDAHO 83642 - (208) 887-7760 - FAX (208) 887-7781 5. We acknowledge the additional water and /or sewer assessments may be required. If so, we agree to enter into an Assessment Agreement with the City prior to signing of the Final Plat. If you have additional comments or concerns please feel free to contact me at (208) 887- 7760. Sincer Bob Unger Cc: - File # 97721 Bruce Freckleton, Assistant to City Engineer h1/14/ly'jd 14: Ly ZUd-4dJ-bJ lb RANVALL f KLDH1l:K5 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE TERRA TOWNHOUSE SUBDIVISION PAGE 02 THIS DECLARATION, made on the date hereinafter set forth by ACCENT HOMES. L.L.G., hereinafter referred to as "Declarant." WITNESSETH: WHEREAS, Declarant is the owner of certain property In the County of Ada, State of Idaho, which is more particularly described as: Lots 2 and 3 in Block 2 of TERRA SUBDIVISION, according to the Official Plat thereof, filed In Book 47 of Plats at Page(s) 3814-3815, records of Ada County, Idaho, To be converted and known as TERRA TOWNHOUSE SUBDIVISION, NOW, THEREFORE, Declarant hereby declares that all of the properties described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants, and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with, the real property and be binding on all parties having any right, title or Interest in the described properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. ARTICLE I Whenever used in this declaration, the following terms shall have the following meanings: Section 1. "Association" shall mean TERRA TOWNHOUSE HOMEOWNERS' ASSOCIATION, INC., a nonprofit corporation organized under the laws of the State of Idaho, its successors and assigns. SecIoII2. "Said Property" or the "Property" or the "Project" shall mean and refer to that certain real property hereinbefore described, and such additions thereto as may hereafter be brought within the jurisdiction of the Association. Section 3. "Common Area" shall mean all real property, and appurtenances thereto, now or hereafter owned by the Association for the common use and enjoyment of the Members of the Association. The Common Area to be owned by the Association upon its incorporation is described as follows: Lot 9. Terra Townhouse Subdivision, Section 4 "Lot" shall mean and refer to every legal subdivision lot of the Terra Townhouse Subdivision (according to the official plat thereof). It Is further understood and agreed that each residential tot shall include one (1) parking lot, as set out in the Plat of said Subdivision, which shall be included in the DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR TERRA TOWNHOUSE CONVERSION SUBDIVISION, P. 1 290U01_1 07114" 1toI n. M. 17//14/1J'Jd 14:Ly 2bb-4JJ-d'J/b KANDALL FREDRICKS PAGE 03 Deed transferring a residential lot to an owner. The tern "lot" shall Include both the residential lot and the parking lot. secWn 5. "Member" shall mean and refer to every person or entity who holds membership in the Association. Section §. "Owner" shall mean and refer to the record owner of a fee simple tide to any such Lot (including contract buyers), whether one or more persons or entitles, excluding those having such interest merely as security for the performance of any obligation. section 7- "Building Site" shall mean and refer to a Lot, exclusive of Setbacks and utility easements. ,sign „§. "Setback" means the minimum distance between the dwelling unit or other structures referred to and given street, road or lot line, all of which shall be in accordance with the applicable zoning regulation. ;gems. "Mortgage" shall mean and refer to any mortgage or deed of trust, and "Mortgages" shall refer to the mortgagee or beneficiary under a deed of trust, and "Mortgagor" shall refer to the mortgagor or grantor of a deed of trust- Section j, Every Owner of a Lot which is subject to assessment shall be a Member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment. Z The Association shall have two classes of voting membership: Class A, The Class A members shall be all Owners, with the exception of the Declarant, and shall be entitled to one (1) vote for each Lot owner. When more than one person holds an Interest in any Lot, all such persons shall be Members. The vote for such Lot shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any Lot. class 13, The Class B members shall be the Declarant and shall be entitled to three (3) votes for each Lot owned. The Class B membership shall cease and converted to Class A membership on the happening of either of the following events, whichever occurs earlier. When the total votes outstanding In the Class A membership equal the total votes in Class B membership, or ten (10) years after the date of this Declaration is recorded in the official records of Ada County. SeC� Declarant shall retain control of the project until the completion of construction of all improvements, including landscaping. •C•Li h "I Section Common Prof ty Ownership. The Common Area shall be owned by the Association. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR TERRA TOWNHOUSE CONVERSION SUBDIVISION, P.2 9W3 W.I 97/14M$ HomMn.M. 07/14/lyyki 14:221 2Ud-4JJ-8'jlb RANDALL FREDRIC;KS PAGE 04 •i ber's Easement= of Eniovm nt to CorntnQn9taB. Every Member of the Association shall have a right and easement of enjoyment In and to the Common Areas, and such easement shalt be appurtenant to and shall pass with the title to every assessed Lot, subject to the following provisions: (a) The right of the Association to limit the number of Members permitted to use a particular part of the Common Areas at any one time. (b) The right of the Association to suspend any Member's voting rights and/or right to use any of the recreational facilities owned by the Association, for any period during which any assessments against said Member's property remains unpaid, and for a period not to exceed thirty (30) days for each infraction of its published rules and regulations. (c) The right of the Association to dedicate or transfer all or any part of the Common Areas to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the Members. No such condition or transfer shall be effective unless an instrument signed by Members entitled to cast two-thirds (2/3) of the votes of the membership has been recorded in the appropriate county deed records, agreeing to such dedication or transfer, and unless written notice of proposed actions is sent to every Member not less than thirty (30) days nor more than ninety (90) days prior to such dedication or transfer. (d) The right of the Directors of the Association to promulgate reasonable rules and regulations governing such rights to said use, from time to time, in the interest of securing maximum safe usage of such Common Areas by the Members of the Association without unduly infringing upon the privacy or enjoyment of the Owner or occupant of any part of said property, including, without being limited thereto, rules restricting persons under or over designated ages from using certain portions of said property during certain times, and reasonable regulations and restrictions regarding parking. Section 3. DeclaEation of Use. Any Member may delegate in accordance with the rules and regulations adopted from time to time by the directors, his/her right or enjoyment to the Common Areas and facilities to the members of his/her family, his/her tenants or contract purchasers, providing they reside on the Property. RecWn.4. Recinmral Easement. Each and every Owner purchasing a Lot with the subdivision is purchasing it with the full understanding that each Lot is subject to certain reciprocal easements which are appurtenant thereto. Each Owner by purchase of Lot within the subdivision agrees that they shall be subject to the hallowing reciprocal easements: (a) An easement for drainage is herby declared to exist on each Lot for the benefit of the adjoining Lot(s); provided, that the Owner installing any drainage pipe, conduit or other facility shall pay for any and all such improvements and cause the Property upon which the improvements are located to be restored to their original state at the sole cost of the Owner employing the use of the reciprocal easement. (b) All Lots within the subject Property, including but not limited to, the Common Area, shall be subject to a general utility and sanitary sewer easement, which shall include, but not be limited to, access for ingress and egress for maintenance or repair by the utility provider. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR TERRA TOWNHOUSE CONVERSION SUBDIVISION, P. 3 9906401.1 U7114M "Oman, M, U0 14/ 1770 I".' G7 zuo-4.3J-dj7 b K NVUPLL rKtVKVl Kb F 90E Ob (c) AN Lots shall be subject to a permanent public utility, drainage and access easement which shall be for ingress and egress for installation, maintenance and repair for any public utility, drainage district, or any other utility providing utilities and/or having an easement in, to and through the said subdivision, except within the area of foundation for residences. Such easements shall have a minimum width of tan feet. Within these easements no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of the public utilities or drainage. � 1fioII - Plat Notes, Those certain Plat Notes set out in the Plot o(Terra Townhouse Subdivision tiled for record In the Ada County Recorder's Office, State of Idaho, are referenced to and made a part of these Covenants, the same as If set out in full herein. MEMEMEMEMENFJ �, n: •ice,: . ► �.ra-,�-.-... _ _ i �_ .� ► i �� t r�Mwion of the Lien and Personal Obligation Of AMeSSM8013- The Declarant and the Association hereby covenant for all of Said Property; and each owner of any lot by acceptance of a deed or contract or purchase therefor, whether or not it shall be expressed in any such deed or other conveyance or agreement for conveyance, Is deemed to covenant and agree to pay to the Association: (a) Regular annual assessments or charges, and (b) Special assessments to be fixed, established, and collected from time to time as hereinafter provided. The regular and special assessments, together with such interest thereon and cost of collection thereof, as hereinafter provided, shall be a charge on the land and shall be a continuing Nen upon the property against which such assessment is made. Each such assessment, together with such interest, costs and reasonable attomey's fees, shall also be the personal obligation of the person who was the Owner of such Property at the time such assessment was levied. The obligation shall remain a lien on the Property until paid or foreclosed, but shall not be a personal obligation of successors In title unless expressly assumed by them. Sqdlon2, puaMs of Aggessments. The assessments levied by the Association shall not be used for any purpose other than promoting the economic Interest, recreation, health, safety and welfare of the residents in Said Property and, in particular, for the improvement and maintenance of Said Property, any Common Area, all improvements constructed thereon, fencing along the exterior and within the interior of the Project, the services and facilities devoted to this purpose and related to the use and enjoyment of the Common Area, and including without being limited thereto, the payment of taxes (on Common Area only). and the provision of insurance on all or any part of Said Property. including insurance on individual Lots and Improvements, including fire and general casualty, liability and directors and officer insurance, and for exterior maintenance of all structures built on the Lots, including parking structures. The Association shall also establish and maintain a reserve account as provided in Section 11 of this Article, and any Assessment may include a sum for such reserve. Subject to the above provision, the Association shall determine the use of assessment proceeds. The Association shall maintain all lawns and landscaping in Said Property and Common Area. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR TERRA TOWNHOUSE CONVERSION SUBDIVISION. P. d 9903w -t 07114M Ila. on. M. Ulllyi 1770 zub-ujj-bilb KANUALL I-KLUK1l�Kb PAGE 06 The initial annual assessment shall be established by the board of directors of the Assoclation, based upon the budget of the Association adopted by the board. The Initial budget shall be for the calendar year -- (a) From and alter January 1, , the annual assessment may be increased each year by not more than twenty percent (20%) above the annual assessment for the previous year without a vote of the membership, at a meeting called for such purpose. (b) The board of directors may levy, in. any assessment year, a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of any capital Improvements that might be placed upon the Common Area, including extraordinary expenses incurred by the Association; provided that, In the event special assessments exceed, In the aggregate, five percent (5%) of the budgeted gross expenses of the Association for the fiscal year, the vote or written consent of a majority of the voting power of the Association residing in Members shall be required to approve such assessments at a meeting called for such purpose. Special assessments shall be levied on the same basis as regular assessments. Section 4" Llniform Rate of Assessment Both regular assessments and any special assessments must be fixed at a uniform rate for all Lots, and may be collected on an annual, quarterly, or monthly basis in the discretion of the board of directors of the Association; except, that assessments may be levied applicable to some Lots only, with prior consent by the Owners of such Lots, if such procedure Is considered equitable In the discretion of the board in order to construct facilities to be available only to the Members desiring to pay for the cost thereof. In establishing that all assessments shall be equal, it is acknowledged that the dwelling units may be of different sizes and that the actual cast of exterior maintenance may vary. However, such assessments shall be equal for all Lots unless this declaration be amended to provide otherwise. Notwithstanding the forgoing provision, no assessment shall be payable by or assessed against any Lot upon which a dwelling structure has not been constructed. SectionS. Quorum for An_y Action Authorized Lender Section 3. At any meeting called, as provided in Section 3 hereof, the presence at the meeting of Members or of proxies to cast filly -one percent (51%) of all votes of the membership shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirement set forth in Section 3 and the required quorum at such subsequent meeting. No such subsequent meeting shall be held more then ably (60) days following the date of the meeting at which no quorum was forthcoming. section $. Except as provided in Section 9 of this Article 1V, all tots upon which buildings have been constructed shall be subject to the annual or monthly assessments provided for herein on theftrst day of the month following the issuance of a certificate of occupancy permit for the particular unit on the Lot. No assessment shall be levied against or payable by any Lot on which no dwelling has been constructed. The board of directors shall fix the amount of the regular assessment at least thirty (30) days In advance of each assessment period (provided that the assessment for calendar year may be fixed, and notice thereof given, at a later day, effective for the full calendar year). Written notice of the assessment dates shall be established by the board of directors. The Association shall, upon demand at any reasonable time, fumish a certificate in writing signed by an ofttcer of the Association setting forth whether the assessments on a particular Lot have been paid. A reasonable charge may be made by the board for the issuance of these certificates. Such certftate shall be conclusive evidence of payment of any assessment therein stated to have been paid. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR TERRA TOWNHOUSE CONVERSION SUBDIVISION, P. 5 990 Wr I 07114M I ku on. M. b!/lu/1'JJb la: L-+ 2Ub-4dJ-bi lb KANVALL FREDRICKS PAGE ©7 Section rffMOnt Of 86861118071110110 52111whill"Uhs Any assessments which are not paid when due shall be delinquent. if the assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the legal rate of interest as set out at Sec. 28-22-104 Idaho Code or as it may be amended from time to time. The secretary of the said Association shall file in the office of the County Recorder for Ada County, Idaho, a lien reflecting the amount of any such charges or assessments, together with interest, as aforesaid, which have become delinquentwlth respect to any let on Said Property, and upon payment In full thereof, shall execute and file a proper release of the lien releasing the same. The aggregate amount of such assessments, together with interest, costs and expenses and a reasonable attorney's fee for the filing and enforcement thereof, shall constitute a lien on the whole lot (including any improvement located thereon), with respect to which It is fixed from the date the lien is filed in the office of said County Reorder for Ada County, Idaho, until the same has been paid or released as herein provided. Such lien may be enforced by said Association in the manner provided by law with respect to Piens upon real property. The Owner of Said Property at the time said assessment is levied shall be personally liable for the expenses, costs and disbursements, including attorney's fees of the Declarant or of the Association, as the case may be, or processing and R necessary, ert using such liens, all of which expenses, costs, disbursements and attorney's fees shall be secured by said lien, including all aforementioned expenses, costs, disbursements and attorney's fees on appeal, and such Owner, at the time such assessment is levied, shall also be liable for any deficiency remaining unpaid after any foreclosure Ws. No owner may waive or otherwise escape liability for the assessments provided for herein by nonuse of the Common Area or abandonment of his/her dwelling unit. 58044II 8. Subordination of the lJon to MgdQaM The lien of the assessments provided for herein shall be inferior, junior and subordinate to the lien of all Mortgages now or hereafter placed upon Said Property or any part hereof. The sale or transfer of any Lot or any other part of Said Property shall not affect the assessment lien. However, the sale or transfer of any Lot which is subject to any Mortgage, pursuant to s judgment or decree of foreclosure thereof, shall extinguish the lien of such assessments as to amounts thereof which became due prior to such sale or transfer; and such lien shall attach to the net proceeds of sale, if any, remaining after such Mortgages and other prior liens and charges have been satisfied. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due. ;gip$. Exempt PropgtL The following Property subject to this Declaration shall be exempt from the assessments created herein: (a) all propertles expressly dedicated to and accepted by a local public authority; and (b) any Common Areas. secibn , Notice -Ig Mortgagees. The Association shall give to the Mortgagee of any recorded Mortgage, which has furnished to the Association its name and current address, written notification of any default by the Mortgagor of performance with respect to such Mortgagor's obligations under this Declaration, By -Laws of the Association or any duly -adopted rules or regulations of the Association, at least twenty (20) days prior to the filing of suit by the Association to enforce those remedies with respect to such default. Section 11_ Association Budaet. The Association shall prepare an annual budget which shall indicate anticipated management, operating, maintenance, repair and other common expenses for the Association's next fiscal year, and which shall be sufficient to pay all estimated expenses and outlays of the Association for the next calendar year growing out of or in connection with the maintenance and operation DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR TERRA TOWNHOUSE CONVERSION SUBDIVISION, P. 6 9003W 1 0711"n Mwe". X CJ+1151ly7b 1,7:14 ZUd-4.7.7-b']rb KANV"LL rKt.i)K1k Kj F'AUL Ib of the Common Area and may include, among other things: the cost of exterior maintenance; management taxes; assessments; special assessments; fire, casualty and public liability Insurance; common lighting; landscaping and care of the grounds; repairs, renovations and paintings to Common Areas; snow removal; wages; water charges; legal and accounting fees; management fees; expenses and liabilities incurred by the Association under or by reason of this Declaration; the payment of any deficit remaining from a previous period, and the creation of any reasonable contingency or other reserve or surplus fund, as well as all costs and expenses relating to the Common Area and improvements, if any. As part of the regular annual assessments for maintenance authorized above, the board of directors shall annually fix the amount to be contributed pro rata by each Member to reserve funds for the purposes of defraying, in whole or In part, the cost or estimated coast of any reconstruction, repair or replacement of improvements, including fixtures and personal property related thereto. Such determination shall be made after consideration of the need for additional funds and of the Association's capital position. The board shall maintain a separate account for those funds. The board shall fix the method of payment of such assessments and shall be empowered to permit either lump sum or monthly payments. Separate records shall be maintained for all funds deposited to sold account, which shall be designated as reserve account. The initial budget to be adopted by the board pursuant to this Declaration shall be for the calendar year . Thereafter, each budget shall be for the ensuing calendar year, which shalt be the Association's fiscal year. Section 12, Reaair. Etc. If any of the property located In the Common Area and/or improvements located upon other property located within the subdivision owned by the Association is damaged or destroyed, the Members shall, at a special meeting called for that purpose. determine whether to rebuild, repair, restore or otherwise take action with regard to such damage or destruction. A quorum shall be necessary for any such decision, in accordance with the provision of Section 3 and 5 hereof, and. further. any such action shall be approved by the affirmative vote of not lass than fifty-one percent (51%) of the votes of Members who are voting in person or by proxy at such meeting duty called for this purpose, written notice of which shall be sent to all Members not lass than ten (10) days nor more than fifty (50) days In advance of the meeting, unless waived in writing. Section 1. BGgroval. No building, fence, wall, hedge, structure, addition, painting, Improvement, obstruction, ornament, or planting shall be placed upon, added or permitted to remain upon any part of Said Property unless a written request for approval thereof containing the plans and specifications therefor. including exterior color scheme, has been approved, in writing, by the Architectural Control Committee which shall consist of the board of directors or as they may otherwise appoint. Applications for approval shall be made to the Architectural Control Committee. In the event said committee fails to approve or disapprove such design or location within thirty (30) days after said plans and specifications have been submitted In writing, approval shall not be required and this article will be deemed to have been fully compiled with. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR TERRA TOWNHOUSE SUBDIVISION, P. 900001.1 07111190 Hu"W, M. I7 // 14/ 1338 14:23 208-433-8976 RANDALL FREDRICKS ARTICLE VI PAGE 09 Section L The Association shall maintain or provide for the maintenance of the Common Area, including but not limited to the yard and landscaped areas on each lot, sanitary sewer, water lines and drainage facilities and lines upon Lots privately owned within the subdivision. .Section 2. Each Owner shall be responsible for maintaining and keeping in good order and repair the interior of his/her own dwelling unit. � The Association shall maintain or provide for the maintenance of the perimeter fence constructed around the subdivision which shall boa common expense of theAssociation. Wig. Iyoes of InsuranrAL The Association shall obtain and keep, In full force and effect at aR times, some or all of the following Insurance coverage, as may be applicable, provided by companies duly authorized to do business in Idaho. The provisions of this article shall not be construed to limit the power or authority of the Association to obtain and maintain insurance coverage, in addition to any insurance coverage required hereunder, in such amounts and in such forms as the Association may deem appropriate from time to time. (a) Each lot, improvements constructed thereon, and carports, If any, shall at all times be insured for the full replacement thereof in the event of damage or destruction, including fire and extended coverage, which policy or policies shall be purchased by the Association and show the Association, the Owners and Mortgagees as named insured as their interest may appear. The Association may comply with the above requirements by the purchase of blanket coverage and may elect such "deductible" provisions as, in the Association's opinion, are consistent with good business practice. No individual Owner shall be excused from assessments attributable to such policy for any reason and the existence of such a blanket policy is declared to be in the mutual interests of all Members who are entitled to vote two-thirds (2/3) of all votes of members who are voting in person or by proxy at a meeting duly called for this purpose. (b) Public Liability and eMedY Damans InsuranMThe Association shall purchase broad form comprehensive liability coverage in such amounts and in such forms as it deems advisable to provide adequate protection. Coverage shall include, without limitation, liability for the personal injuries, operation of automobiles on behalf of the Association, and activities in connection with the ownership, operation, maintenance and other use of the Project. (c) The Association shall purchase workmen's compensation and employer's liability insurance, and all other similar Insurance, In respect of employees of the Association in the amounts and in the forms now or hereafter required by law for any employees of the Association. (d) Fidelity Insurance, The Association shall purchase, in such amounts and in such forms as it shall deem appropriate, coverage against dishonesty of employees, destruction or disappearance of money or securities, and forgery, DECLARATION OF COVENANTS. CONDITIONS AND RESTRICTIONS FOR TERRA TOWNHOUSE CONVERSION SUBDIVISION. P. 8 que3 1.1 071mw MOMW M. Y7lI14/ 177b la: Lb LIJb-4jd-by1b KANVALL rKtUK1l Kj HAUL iu (e) Other - The Association may obtain insurance against such other risks, of a similar or dissimilar nature as it shall deem appropriate with respect to the Project, including any personal property of the Association located thereon. (f) f2n Casualty Insurance shall be carded in a form or forms naming the Association as the insured, as trustee for the Owners, which policy or policies shall specify the Interest of each Owner and which policy or policies shall provide a standard loss payable clause providing for payments of Insurance proceeds to the Association, as trustee for the Owners, and for the respective first Mortgagee which from time to time shall give notice to the Association of such first Mortgagees, such proceeds to be used in accordance with this Declaration_ Each policy shall also provide that it cannot be canceled by either the Insured or the Insurance company until after ten (10) days' prior written notice is first given to each Owner and to each first Mortgagee. The Association shall furnish to each owner and Declarant a true copy of such policy together with a certificate identifying the interest of the Owner. All policies of insurance shall provide that the insurance thereunder shall be invalidated or suspended only in respect to the Interest of any particular Owner guilty of breach of warranty, act, omission, negligence or noncompliance with any provision of such policy, including payment of the insurance premium applicable to that Owners interest, or who permits or fails to prevent the happening of any event, whether occurring before or after a loss, which under the provisions of such policy would otherwise invalidate or suspend the entire policy. All policies of insurance shall providefurther that the Insurance under any such policy, as to the interest of all other insured Owners not guilty of any such ad or omission, shall not be invalidated or suspended and shall remain in full force and effect. Public liability and property damage Insurance shall name the Association as the insured, as trustee for the Owners and shall protect each Owner against liability for acts of the Association, its agents and employees, in connection with the ownership, operation, maintenance or other use of the Project. (g) Ownees Respordbilaly. Insurance coverage on the furnishings and other personal property of the Owner placed in the unit, and casualty and public liability insurance coverage within each individual unit, and for activities of the Owner not acting by the Association with respect to the Common Area; Insurance coverage against loss from theft on all personal property, and insurance coverage on items of personal property placed in the unit by the Owner, shall be the responsibility of the respective Owners. (h) Insurance Procegds. The Assoclatln shall receive the proceeds of any casualty insurance payments received under policies obtained and maintained pursuant to this article. The Association shall apportion the proceeds to the portions of the proceeds attributable to damage to the Common Area. To the extent that reconstruction is required herein, the proceeds shall be used far such purpose. To the extent that reconstruction is not required herein and there is a determination that the Project shall not be rebuilt, the proceeds shall be distributed to the Owners equally. Each Owner and each Mortgagee shall be bound by the apportionments of damage and of the Insurance proceeds made by the Association pursuant thereto. (1) Owner's Own Insurance. Notwithstanding the provision of Section 4 hereof, each Owner may obtain insurance at his/her own expense providing coverage upon his/her lot, his/her personal property, for His/her personal liability, and covering such other risks as he may deem appropriate, but each such policy shall provide that it does not diminish the insurance carrier's coverage for liability arising under insurance policies which the Association obtains pursuant to this article. All such insurance shall waive the insurance company's right of subrogation against th a Association, the other Owners, and the servants, agents DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR TERRA TOWNHOUSE CONVERSION SUBDIVISION, R 9 960M1.1 07114" hu n. U. 01/14/177ti 14:ZJ ZUd-4 JJ-b'J r b KANVALL f Kt1 KiUK5 FAk:1L 11 and guests of any of them, If such insurance can be obtained In the normal practice without additional premium charge for the waiver of rights of subrogation. F9�111 CA PT S) A 0 M •. >Section 1. Affects Title. Title to each Lot is hereby made subject to the terms and conditions hereof, which bind the Declarant and all subsequent Owners, whether or not it be so expressed in the deed by which any Owner acquires his/her Lot. sprtinn2, AlUmiation as AgenL All of the Owners irrevocably constitute and appoint the Association their true and lawful attorney In fact in their name, place and stead for the purpose of dealing with the Project upon its damage or destruction as hereinafter provided. Acceptance by any grantee of a deed from the Declarant or from any Owner shall constitute such appointment. Sffilion a- As attorney in fact, the Association shall have full and complete authorization, right and power to make, execute and deliver any contract, deed or other instrument with respect to the interest of an Ownerwhich may be necessary or appropriate to exercise the powers herein granted. Repair and reconstruction of improvements as used in the succeeding sections mean restoring the Project to substantially the same condition in which it existed prior to damage, with each dwelling unit and improvements, having substantially the same vertical and horizontal boundaries as before. The proceeds of any insurance collected shall be available to the Association for the purpose of repair or reconstruction unless the Owners and all first Mortgagees unanimously agree not to rebuild in accordance with the provisions set forth hereinafter. in the event any Mortgagee should not agree to rebuild, the Association shall have the option to purchase such Mortgage by payment in full of the amount secured thereby if the Owners are in unanimous agreement to rebuild. The Association shall obtain the funds for such purpose by special assessments under Article N of the Declaration. Section 4. Fstlmate of Costs- As soon a$ practicable after an event causing damage lo. or destruction of, any part of the Project, the Association shalt obtain estimates that it deems reliable and complete of the costs of repair or reconstruction of the part of the Project damaged or destroyed. Section 4 EWPair or Reconstruction, As soon as practicable after receiving these estimates, the Association shall diligently pursue to complete the repair or reconstruction of that part of the Project damaged or destroyed. The Association may take all necessary or appropriate action to effect repair or reconstruction, as attorney in fact for the Owners, and no consent to other action by any Owner shalt be necessary in connection therewith. Such repair or reconstruction shall be in accordance with the original plane and specifications of the Project or may be in accordance with any other plans and specifications the Association may approve, provided that in such latter event the number of cubic test and the number of square feet of any unit may not vary by more than five percent (5%) from dwelling units as originally constructed pursuant to such original plans and specifications and the location of the buildings shall be substantially the some as prior to damage or destruction. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR TERRA TOWNHOUSE CONVERSION SUBDIVISION, R la 9093W A 071144• Ho~. W Or/14/1770 ly. 47 Ki NVV"LL 1-KLVKik K5 HAUL 1 L sactiog 6. Funds for Reconstruction, The proceeds of any Insurance collected shall be available to the Association for the purpose of repair or reconstruction. It the proceeds of the Insurance are insufficient to pay the estimated or actual cost of such repair or reconstruction, the Association, pursuant to Article IV hereof, may levy in advance a special assessment of repair or reconstruction. Such assessment shalt be allocated and collected as provided in that article. Further levies may be made in like manner if the amounts collected prove insufficient to complete the repair or reconstruction. sectbn 7. Disbursement of Fungs I& Repair or RecoristructiorL The insurance proceeds held by the Association and the amounts received from the assessments provided for in Article IV constitute a fund for the payment of cost of repair and reconstruction after casualty. It shall be deemed that the first money disbursed in payment for cost of repair or reconstruction shall be made Trom insurance proceeds; if there in a balance after payment of all costs of repair or reconstruction, such balance shall be distributed to the Owners in proportion to the contributions by each Owner pursuant to the assessments by the Association under Article IV of this Declaration. section$, Decision ngl to Rebuild, if all Owners and all holders of first Mortgages on Lots agree not to rebuild, as provided herein, the Project shall be sold and the proceeds distributed as set out in Article VI, Section 4 (h). The following restrictions shall be applicable to the real property subject to this Declaration and shall be for the benefit of, and limitation upon, all present and future Owners of Said Property or any interest therein: Section 1. Unless written approval is first obtained from the board of directors, no sign of any kind shall be displayed to public view on any building or Building Site on Said Property except one professional sign of not more than five square feet advertising for sale or rent, or signs used by 'Declarant" or its successors (tf such successor acquires all of the remaining Lots owned by Declarant) to advertise the Property during the construction and sales period. If a Property is sold or rented, any sign relating thereto shall be removed immediately except that the Declarant, and only Declarant or its agent, may post a "sold" sign for a reasonable period Mlowing a sale. Solon 2- No animals, birds, insects or livestock shall be kept on Said Property except domesticated dogs, cats or other common household pets which do not unreasonably bother or constitute a nuisance to others. Said pets shall be allowed the use of such portions of roads and other public ways or easements as may be designated or permitted for such use from time to time by the Association and under such conditions as may be set by the Association. No dogs or cats in excess of two (2) shall be kept by any residential household within said subdivision, and no animals of any kind shall be bred or kept for commercial purposes. All dogs must be leashed when outside a dwelling unit, and shall not be allowed in the Common Area or kenneled outside the dwelling units. Section 3. No part of Said Property shall be used or maintained as a dumping ground for rubbish, trash, garbage, or any other waste. No garbage, trash or other waste shall be kept or maintained on any part of Said Property except in a sanitary container. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition and shall not be permitted to be in public view. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR TERRA TOWNHOUSE CONVERSION SUBDIVISION. P. I t 99034MA 07/µt+19• Nom.". M. nr�1uI177t3 tv:[y LZUb-4JJ-ti`_+rb KANDALL FREDRICKS PAGE 13 Section No noxious, offensive or unsightly conditions shall be permitted upon any part of Saki Property, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. Section . No trailer, camper -truck, tent, garage, barn, shack or other outbuilding shall at any time be used as a residence temporarily or permanently on any part of Said Property. Section 6- Parking of junk cars, or other unsightly vehicles, shall not be allowed on any part of Said Property nor on public ways adjacent thereto. All other parking of equipment shall be prohibited except as approved in writing by the board of directors. Automobiles shall not be parked upon the portions of the Common Area designated as street. If any. Section 7. No Owner shall remove or otherwise after any plant, tree or any landscaping or improvements in any Common Area without the written consent of the board of directors. Section ,$. The Owners shall not materially change the color of paint, stain or finish from that Initially placed upon the exterior of the Improvements placed upon Said Property without first obtaining the approval of the board of directors. ;,ectkIn y The Developer shall at its sole cost and expense landscape each Lot. The Association shall, after installation of said landscaping, maintain the installed landscaping and the Owner shall have no right to change or modify the landscaping without prior approval of the Association. Section 10. No overhangs, wing walls or other architectural appendages shall encroach or project onto adjoining Lots. Section 11 _ There shall be no television antenna, ham radio antenna, or other appurtenances or appendages to any dwelling unit except as are approved by the board of directors. Section 12. There shall be no metal storage nor wood storage attachments to any dwelling unit except as approved by the board of directors. Section 13_ All dwelling units within the subdivision shall be used solely for residential purposes and shall be occupied by not more than one family unit. Section 14. Adootion of Rules. The Association, through its board of directors, may adopt reasonable rules not inconsistent with this Declaration relating to the use of the Common Area and all facilities thereon, and the conduct of owners and their tenants and guests with respect to the Property and other Owners. S_ectbn 15. Use of Recreational Facilities In the Common ArmL The Association shall have the power to limit the number of an Owners guests who may use any recreational facilities that might be constructed. Secy 16_ Slaht to Lease. The respective individual units or any portion thereof shall not be rented by the Owners thereof for transient or hotel purposes, which shall be defined as DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR TERRA TOWNHOUSE CONVERSION SUBDIVISION, P. 12 9W3W.1 07114ft MmMn, M. �1/114/177b 14. L7 ��Jb-Vjj-ti7lb KA VALL r1"<LVK1l K5 (a) rental for any period less than thirty (30) days, or HAUL 14 (b) any rental if the occupants of the unit are provided customary hotel service such as room service for food and beverage, maid services, furnishing laundry and linens, and bellboy service. Subject to the foregoing restrictions, the Owners of the respective units shall have the absolute right to lease same provided that the lease is made subject to the covenants, conditions, restrictions, limitations and uses contained in this Declaration. Section 17_ Lines- No exterior clothes lines shall be erected or maintained and there shall be no outside laundry or drying of clothes. Further, no clothes washers, clothes dryers, refrigerators or freezers may be kept, stored or operated on any balcony, patio, porch or other exterior area. Section 8. Dom. No portion of any drapes, blinds or curtains, which are installed on the interior of any residence, which may be seen from outside such residence, shall be of a color, texture or material which, In the reasonable opinion of the board of Architectural Control Committee, is inharmonious with the exterior appearance of all residences. Section 19. maketball Standards- No basketball standard or fixed sports apparatus shall be attached to the exterlor surface of any residence or garage, or affuced to any portion of the Common Area_ ARTICLE IX FASEMENTS Section 1. ,Q2neraj, All conveyances of Lots, and the Common Area, shall be subject to the foregoing restrictions, conditions, and covenants, whether or not the some be expressed in the instruments of conveyance, and each and every such Instrument of conveyance shall likewise be deemed to grant and reserve, whether or not the same be declared therein. mutual and reciprocal easements over, across and under all Common Areas and easements over all Lots for maintenance and otherwise as authorized by this Declaration, and easements as otherwise shown on the plat for the Property, and excepting any portion of Said Property which may now or hereafter be occupied by a residence. All of said easements shah be for the benefit of all present and future Owners of Property subject to the jurisdiction of the Association by covenants and restrictions recorded and approved as hereinabove provided; said easements, however, shall not be unrestricted, but shall be subject to reasonable rules and regulations governing rights of use as adopted from time to time by the directors of the Association in the interests of securing maximum $afe usage of Said Property without unduly infringing upon the rights or privacy of the Owner or occupancy of any part of Said Property. The easements provided for In this article are In addition to those set forth in Article III. Section 2. Cemman res_ A further mutual and reciprocal easement for sidewalk purposes Is granted and reserved over and across the Common Area in the Sold Property, for the purpose of constructing, maintaining and repairing sidewalks for the benefit of the residents of Said Property, their tenants and guests, for the ingress and egress subject, however, to rules and regulations reasonably restricting the right to use thereof for the safety and welfare of the public as may be promulgated from time to time by the Association and/or public authority. Section 3. PaIU Walls_ Certain of the dwelling units constructed upon the Lots include party walls, being the common wails between two dwelling units, separating the units. Such party walls are intended to be constructed upon the Lot boundary lines separating adjoining Lots. To the extent any party wall exists, DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR TERRA TOWNHOUSE CONVERSION SUBDIVISION. P. 13 490361.1 0MAM M10 W. M. 13 7,11411996 14: 29 208-433-8976 RANDALL FREDRICKS PAGE 15 encroaches or overlaps upon a Lot, there is hereby created a common reciprocal easement for the location of such party wall. Each Owner shall have the right to use the surface of any party wall contained within the interior of the Owners dwelling unit, provided that an owner shall not drivel place or cause to be driven or placed any nail, bolt, screw or other object into a party wall which penetrates the surface of such party wall more than one inch. The Owner shall respectively own to the centerline of any party wall. in the event any party wall is damaged or destroyed through the act or negligence of an Owner, that Owner shall be obligated to repair or replace the party wall. RI ON :,: • • . sectioni Frdorcernent- The Association, or any Owner, or the Owner of any recorded Mortgage upon any part of Said Property, shall have the right to enforce by any proceeding at law or in equity, all restrictions, conditions, covenants. reservations, liens and charges now or hereafter imposed by the provisions of the Declaration. Failure by the Association, or by any Owner, to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. In the event suit is brought to enforce the covenants contained herein, the prevailing party zh--ii be entri€ed €1 s >saa wrir r:rl:s:ri—sari�e es.::esee^r.: .s^^:^_sae IT aaiv nr -=es:el:e:z-�:e�e = :s a"•: .._._ �___��_L9.:2:2•.. w. �w..:w...:.aw r.:.s rs•.:...T. anr. TRn:�.� �;:V:.^.tS i[:t7^..R ii'i.:'i.^. .^.Y�t itiP.�' Si:U17iY:32L•ti. 912 5227 Lim R+Qi".>"= _ _ _ __. 1 1 Vtw111 i111Y w1aM ..v„a _ � ,-••��•��•-•• ' •.Lis. t�iC ' i,ML:tw�.i L.^.ti Stte is Ta(lY (lY sally \ (W 1IN( WIiN.111(Y 111 aAi/II III•l TaIl11 011• W\VI1� �aY• WIIYI\IVIIY V, ,wr•r.•r.,r ►• ••-•- �-�•-•--•-• - a ,lilt GSTLi•t ww are M tYOV 71Taif•I rlr iilVaii(la(1M IIIA: I %Ml:la�ri/I1a 111 Ball 11IIa L/Ol.1ill �ll\i1/ O/IOt1 /01/IPiaa aaa aVaa av w w••r r..r� , �.... _i _i w.r.:wi laal...0e.a t— ...... — M AwM�M(\\vAl On(l rOTOlr10Q T( VVl1>iri(1(1 11M(Rll i11 It IIR RYril ll l/I Q a.lJl11N\.\ VOlt1p011 lel/11 Y,Vaav,v,a ..__.____._ i--____.._���..awi wwaia.. 16—s— �laa____ ���±r3�ala.w %•Aaaww wwrA eAI� YA/\i11/± (fir nllllrl/r1r1 PIY\ii IY(111/(MIit Y221K S11 Y11Y t^-02 ill ltOttlet Oi...ate I:-YIIIY jurisdiction over this subdivision, the more restrictive or limiting requiremeni shall iue iviiviirerd. Sect in3. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall In no way affect any other provisions which.shall remain in full force and Section ,4. Term of Restrictions and Amendment_ The covenants and restrictions of this Deciarai;::r >siiaiil (up wilh the larld deOcrima harem, ai'•ty of ilii .old Dincing ::'r.on Ens parties nefe',7 and ii[ii si iriBSieiFiS Lino or iniofQai to Said rea-I i-sri3-*Q1y OF art? Dart inere-roli, Mr a idrlii Ui EWUMV id.V e2®niwraldi.•in is rnr•ryrrieri ; mrinn said initeai torm9 said P.[ veriani$L 1�!ay � arTlSnui3u {3V Bi9 ini"siriiiT/i6i1i iri 'fir iiii:sel tett : fae imt� fet•�n iuq(Littirric i7r i I•iF thio i »,�rnain ni rhw nia51ed , lig, F►HEW &aa_iu ._:e:___._-ra._-..,��.-.a__�„-r,.�r=-.�lrffirlrF-!!-ne•e!•_!ilio_.:!�!t��±le��!!ttsY!!a!+!!_l�{_nr�!tCt`o3P_iVl3rlPrlf�8nrt9n�i7iii n±4 t±V an i_ x_ ...�Ia1ww J..!_. _•___r2 .,.Rd r<wi-s,.i..s as[aalsaad Sur !h�-i ah a!!!hssr. !srrairt9!4 !!! L•!!!ffi!S! •.:_.i Viiilis as ss. sasv_r <a �.aav ras arr ra,.:�a. vx.,i v.�„ter r,.v nom., -.. r_�__ _i _.._. , _,._... _ _ ._t _.e--- i+___1_ •��:��a:�� w wJ...w..i ..i.w11 1•aMA...w wff a..lta.p7. 1i\A fill. •+f ... ah intin1mdbnr -r--- ---- ....--a -- - - . r1__ _J__ L_ AJw /a_ w1a. Idwlaw Gi..wri : wfwiiY\A/af M vi ii iisii Uaiit9i iib ilii ivl•V/UiiiU iii ii/G Viiiva7 Vi i./iv Vtir::i3 s:a.-.ia.:tiv: :a:s aVw vvasa •ala xv am. •... -� v.. ,. •,r.. ,r. •..+••� -- _J _ —a____ •_ as_w w�J_ ..i; a1.A w1A.w wad --- 1fii4 ii iiiiivtii--- \iia i�irVs :t> Va VSV FnwaY wase iOr-iti n-3 ri7 iT itY T/T r1 iri Wiiii iii iiinti:wo iiifwiiii:iitiii 1:93V4111iiiMi will iabi ilii ii i. Aiiu dei 'Mi kiwi ouliiaiiiib iiii'ii=iiii. No tit to Reversion- Nothing nerein contained to finis Li iaration, or in any form yr ;� ..:xpA nv Onciarant, or its successors and assigns, in gelling Said Property, or any part Aa11Aa1fa �.I/\ r11:ilY-OIIaTAl10 VGNirt►Vo I IVIt Vr VV V CI\rrl\ 1 J, irVl\VI I IVItV rY�v Ita_v. I�av • Iv1�v FOR TERRA TOWNHOUSE CONVERSION SUBDIVISION. R 14 90173fWI l 07114M ib11N11, M. b!/14/ly7ti 14: Ly ZUb-4JJ-d5 J lb KANVALL rKtLK1L;K5 Fgk:,L 1 b The provisions contained In this Declaration shay bind and fs of ny andIgnsf/t ol, and be enforceable by Declarant, the Association and the Owner or Own failurethe and ,assions. and each of their legal representatives, �„ '.. s..b v4rirxirtv •.n9rrn.ia v9 uJv ::.y-• r - -w- � ��sr.....a IOlil7[ If]SiB OF is jai www v... �-..._ event be deemed a waiver of the right io do sv- - Any or an rights, powers and reservations of Declarant herein =' - - F •- �. ,. iri s, cc __ration or association which is now - �x J •-a:�J:wf+ S3F5`-S aL_Jwiff?!4'R S.9Fn J39a1. _ — Y, H.v �v_.w. —. .... meT1i _ : -444143 9,---• �__ _. ... :.:.:_.. .._.._ - __ - -� *sasyss3 �s•4 " ! 1'3ii'.1;4i'..', ,. „`a'!�'_--, .... a... I'—y'ladmmni'ok .0= ffiL`!i T_' ^99'31 439 73#9•-��J� ;;;i;;- an::::_= 8S II pNlnif ii44r UlawsVW. �..�..,., n mc%r nanaas' Right In the event that the _.__ainsi the a (ten has been =�� ny A. for which . . ,=:-ate a:, razy sas .ass::eassr - _ s ..t ._� ..,:,:?� J_�Ja$Tl�iTJ;4 9 =�S Y9il]lR..'®SS4 =� • _.- i ___ �_ ��,�_. �� _� _. __ _ __. _.. _-::—_ __ -_-__ _ . _ ____3 dS,.a lit P4H �- 3L'S�i951 i]!}ii6i.i9H ±'4F4 •�-+-*—Y'J i v�g2T� � -i r�J __•— •�_ ._ —_ __ ____: __ _. "_ .. _ _ ___.—.3 ,...LS ...E:eFvkSS.� ST8[$'3i SL 'Al6PC'R_ nw..rarisaiJr„iS. -!M. _t !ft:t ... ..- Joi N._ •_ -e _._ -. _ _ .n's•.ia irssti V3,rai:A !'_i'3ii BfaiCW. ;a: a. P7 51 +.-0+•-m4adgsJeso=-._-_i -e -_.-.___.. vv •�-.-' gni-.i i.+.-.s.srrei•o# fYbii44i5iiT9liRT!i37ii iS3�saJi Vila; C FinJss is sacs ?a�"�.iRG'i=::. auiia�s a_ Aongnjj= Additional residential property and Common Area may be annexed to the - _.. _•i_..I �.iiiNlr�wsl n.wi�fltM. 9-+. ^.�.a!ssar_ss! l:�s'sxErs ,.ws i!�jl�tnF� fill dfA ii�!!r!� yy,TMFQQ whit;RFriF the undetsioned. Willy u:o .JVM9s4.r4i Ar.r:trN T H0MErl. l L.C. X41 1A .hn limped iishi ity comoanv By: Managing Member DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR TERRA TOWNHOUSE CONVERSION SUBDIVISION, P. 15 9903401. 1 07114M i omm. M uii'14117'Jo 14:1eld ZUd-4Jd—bJlb KANVALL t-KLVK1'-K7 h19k;,L I I STATE OF IDAHO as County of Ada On this - day of 199 , before me, the undersigned, notary public in and for said State, personally appeared known or Identified to me 10MES, L.L.C., an Idaho limited liability c*mpany, the company hnnei enri at" --j n -i ^ffif,'ai a—al the Any and 1#68( JN %wav? 'LESS WHERWE-01F. 11 1 1 a v a h-W—U.n.tv- 5-rit My NOTARY PUBLIC for Idaho Residing at Commission expires: DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR TERRA TOWNHOUSE CONVERSION SUBDIVISION, P. 16 OW3W.1 UT114M mamon,M, LEGAL DESCRIPTION FOR TERRA TOWNHOUSE SUBDIVISION ALL OF LOTS 2 AND 3 IN BLOCK 1 OF TERRA SUBDIVISION ACCORDING TO THE OFFICIAL PLAT THEREOF, FILED IN BOOK 47 OF PLATS AT PAGES 3814 AND 3815, RECORDS OF ADA COUNTY, IDAHO, LYING IN THE NW 1/4 SE 1/4 OF SECTION 12, T.3N., R. 1W. B.M. ADA COUNTY, IDAHO. �J 6901 MERIDIAN PLANNING & ZONING COMMISSION MEETING: AUGUST 11, 1998 APPLICANT: JIM HICKS AGENDA ITEM NUMBER: 12 REQUEST: PRELIMINARY PLAT FOR TERRA TOWNHOUSE SUBDIVISION AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: CITY POLICE DEPT: REVIEWED CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: SEE ATTACHED COMMENTS CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS 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. Mayor ROBERT D. CORRIE Council Members CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD MEMORANDUM: 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 To: Mayor, City Council, Planning & Zoning From: Bruce Freckleton, Assistant to City En ineer Shari Stiles, P&Z Administrator G LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 PLANNING AND ZONING DEPARTMENT (208)884-5533 August 7, 1998 Re: TERRA TOWNHOUSE SUBDIVISION by Accent Homes LLC (Jim Hicks) (Request for Preliminary Plat and Conditional Use Permit Approval) We have reviewed this submittal and offer the following comments, as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: GENERAL COMMENTS Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2. Any existingdomestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 4. Respond, in writing, to the each of the comments contained in this memorandum by 12:00 noon Tuesday, August 11, 1998. Submit ten copies of the revised Preliminary Plat Map to the City Clerk's Office a minimum of one week prior to the hearing by the Meridian City Council. Tena Townhouse Sub.CUP-PP Mayor, Council and P&Z August 7, 1998 Page 2 SITE SPECIFIC COMMENTS Existing single sanitary sewer services to this site will have to be converted to a new private sewer main and service lines to each unit. Applicant will be responsible to construct the private sewer main through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 2. Existing single water services to this site will have to be converted to individual metered services. Applicant will be responsible to construct the water system improvements to and through this proposed development. Subdivision designer to coordinate sizing and routing with the Public Works Department. 3. Indicate any existing ditch easements on the preliminary plat map. 4. Does the 90' diameter temporary turnaround easement already exist? If it does not, it cannot be shown on the plat, particularly since it affects adjacent property which the applicant does not own. 5. The Public Works Department will be reviewing the sewer and water assessment records to determine if the proposed townhouse conversion would require the payment of additional assessments. Applicant will be required to enter into an Assessment Agreement with the City of Meridian prior to signature on the final plat map. Tetra Townhouse Sub.CUP-PP ** TX STATUS REPORT ** DATE TIME TO/FROM 03 08/07 13:5? 887 7781 FaX AS OF AUG 07 '98 13.58 PAGE.01 PUBLIC WORKS MODE MIN/SEC PGS CMD# STATUS EC --S 01'11" 003 242 OK 200 E. Carlton St., Suite 100 Meridian, Idaho 83642 Phone: (208) 887-2211 Fax (208)867-1297 Ta Bob Unger Front: Bruce Freckleton Fara 887-7781 Dates August 7, 1998 Phony 887-7760 Pages: Three w/cover Re: Terra Townhouse Subdivision CC: File 17 urgent 13 For Review ❑ Please Comment X Please Reply ❑ AS Requested •Comments: Attached you will find Staff comments for the above mentioned project. Plrate General Comment No. 4, regarding written response. Thanks From the desk of Brans A. FreckleWn AmLstant to the City Etginecr Meridian Public Works Department 200 E. Carlton St, Suite 100 Meridian, Idaho 83642-2600 (208) 887-2211 Fax (208) 887-1297 HUB OF TREASURE VALLEY Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live (208) 884-4264 Council Members CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 836#,FC]F--'T�D (208) 8x7 -22t t RON ANDERSON Phone (208) 888-4433 • Fax (208) 8$74813 PLANNING AND ZONING KEITH BIRD J U L 2 2 1998 DEPARTMENT (208) 88.1-5533 MERIDIAN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: August 4 1998 TRANSMITTAL DATE: July 20 1998 HEARING DATE: Auugst 11, 1998 REQUEST: PRELIMINARY PLAT FOR PROPOSED TERRA TOWNHOUSE SUBDIVISION BY: JIM HICKS LOCATION OF PROPERTY OR PROJECT: EAST OF W. 7T" AND SOUTH OF IDAHO TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER CITY FILES MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF R MATION(PRELIM & FINAL YOUR CONCISE REMARKS: ` RE°ESD JUL 22 1998 CITY OF MERIDIAN HUB OF TREASURE VALLEY blag r LEGAL DEPARTMENT ROBE T D; 0RRIE A Good Place to Live (208) 884-1264 Council Mrmbers CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT (208) 887-2211 GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-3-1.33 • Fax (208)jt 4 3'��D PLANNING AND ZONING p DEPARTMENT KEITH BIRD J U L 2 4 1998 (208) 884-5533 C'17 .3 I± MER.IDUN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: August 4 1998 TRANSMITTAL DATE: July 20 1998 HEARING DATE: Auuqst 11, 1998 REQUEST: PRELIMINARY PLAT FOR PROPOSED TERRA TOWNHOUSE SUBDIVISION BY: JIM HICKS LOCATION OF PROPERTY OR PROJECT: EAST OF W. 7T" AND SOUTH OF IDAHO TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT _BUILDING DEPARTMENT _FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER CITY FILES D"RCEIVED,UL24,99a CITY OF MERIDL01N WAS T EWATER DEPT. MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL YOUR CONCISE REMARKS: 11111111 Jill of j RECEIVED J U 1. 2 4 1998 CITY OF MERIDIAN HUB OF TREASURE VALLEY Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live (208) 884-4264 Council Members CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO' BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83(208) 887-2211 872211 E]D RON ANDERSON Phone (208) 888-4433 • Fax (208) 80CFTNV 3 PLANNING AND ZONING DEPARTENT KEITH BIRD JUL 2 8 1998 (08) 884-5533 o ''dERI N TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning, & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: August 4 1998 TRANSMITTAL DATE: July 20, 1998 HEARING DATE: Auuqst 11, 1998 REQUEST: PRELIMINARY PLAT FOR PROPOSED TERRA TOWNHOUSE SUBDIVISION BY: JIM HICKS LOCATION OF PROPERTY OR PROJECT: EAST OF W. 7TH AND SOUTH OF IDAHO TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER CITY FILES MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL YOUR CONCISE REMARKS: /- C q? SUBDIVISION EVALUATION SHEET Proposed Development Name TERRA TOWNHOUSE SUBDIVISION City Meridian Date Reviewed 07/30/98 Preliminary Stage XXX Final Engineer/Developer Pinnacle Engr. / Accent Homes The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following existing street name shall appear on the plat. "W. IDAHO AVENUE" There are no new proposed street names for this development. The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE, AGENCY REPRESENTATIVES OR DESIGNEES / 111) Ada County Engineer Ada Planning Assoc. City of Meridian Fire District Meridian John Priester Ann Hurley Representative Representative Date 7 3d O Date o PIZ Date ? 5 4 J' Date 7 31- P NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat, otherwise the plat will not be signed !!!! Sub Index Street Index 3N 1W 12 Section NUMBERING OF LOTS AND BLOCKS 1971l J�v '715,/)h� TR\SUBS\SM_CrrY.FRM C CENTRAL DISTRICT HEALTH DEPARTMENT CENTRAL DISTRICT HEALTH DEPARTMENT Environmental Health Division' ]RFCF,1VEJD Q J U l 2 ., 7958 Return to: ❑ Boise ❑Eagle Rezone # Use # ()F MI RIU N ❑ Garden City © Meridian ePr:e7limina �al �—� / Final / Short Plat %�'7Z/c'i� %dpi✓ dysc c�!/Z /dl-j/oma✓ ❑ Kuna ❑ ACZ ❑ I. We have No Objections to this Proposal. ❑ 2. We recommend Denial of this Proposal. ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ 5. 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 ❑ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ❑ 7. 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: R 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: 4S central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines JR, central water ❑ 10. Run-off is not to create a mosquito breeding problem. ❑ 11. ❑ 12. ❑ 13. ❑ 14. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ beverage establishment ❑ grocery store ❑ child care center Date: :Z/ 2;7/ Reviewed By: CDHD I0191 rcb, rev. 1/97 Review Sheet 1 MERIDIAN PLANNING & ZONING COMMISSION MEETING: AUGUST 11, 1998 APPLICANT: JIM HICKS AGENDA ITEM NUMBER: 13 REQUEST: CONDITIONAL USE PERMIT FOR 8 ZERO LOT LINE TOWNHOUSES AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: SEE ATTACHED COMMENTS REVIEWED SEE ATTACHED COMMENTS BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. HUB OF TREASURE VALLEY Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live (208) 883-4264 Council Members CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT (208) 887-2211 GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4&IP �+DLANNING AND ZONING Kyy �W DEPARTMENT KEITH BIRD J U L 2 2 1998 (208) 881-5533 `i `?1' NIERIDIM TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: August 4, 1998 TRANSMITTAL DATE: July 20, 1998 HEARING DATE: Auuqst 11, 1998 REQUEST: CONDITIONAL USE PERMIT FOR 8 ZERO LOT LINE TOWNHOUSES BY: JIM HICKS LOCATION OF PROPERTY OR PROJECT: EAST OF W. 7T" AND SOUTH OF IDAHO TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT _FIRE DEPARTMENT _POLICE DEPARTMENT C ITY ATTORN EY _CITY ENGINEER _CITY PLANNER CITY FILES MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RE TION(PRELIM & FINAL YOUR CONCISE REMARKS: , ' RECErVED J U L 2 2 1998 CITY OF MERIDIAN HUB OF TREASURE VALLEY Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live (208) 834-4261 Council Members CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO_ �m LD BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83 G I v (208) 387-2211 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887- 8 ,3 PLANNING AND ZONING KEITH BIRD L 8 1998 DEPARTMENT (208)884-5533 71 NIERIDI'AN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: August 4, 1998 TRANSMITTAL DATE: July 20, 1998 HEARING DATE: Auuqst 11, 1998 REQUEST: CONDITIONAL USE PERMIT FOR 8 ZERO LOT LINE TOWNHOUSES BY: JIM HICKS LOCATION OF PROPERTY OR PROJECT: EAST OF W. 7TH AND SOUTH OF IDAHO TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT _FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER CITY FILES MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL YOUR CONCISE REMARKS: /- C� -? -�F 41 C) s w�l L �/JL. e O / ,a- SUBDIVISION EVALUATION SHEET Proposed Development Name TERRA TOWNHOUSE SUBDIVISION City Meridian Date Reviewed 07/30/98 Preliminary Stage XXX Final Engineer/Developer Pinnacle Engr. / Accent Homes The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following existing street name shall appear on the plat. "W. IDAHO AVENUE" There are no new proposed street names for this development. The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE, AGENCY REPRESENTATIVES OR DESIGNEES /J _ /J Ada County Engineer Ada Planning Assoc City of Meridian Fire District Meridian John Priester Ann Hurley Representative Representative Date 7� P Date a 122-ojng Date 4 P Date NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !I!! Sub Index Street Index 3N 1W 12 Section NUMBERING OF LOTS AND BLOCKS l TR\SUBS\SM CiTY.FRM 4 August 1998 Will Berg, City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 p�z FFcErvED AUG 1 0 1998 .ITY OF MERIDIAN 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 RE: Preliminary Plat for Proposed Terra Townhouse Subdivision for Jim Hicks. Dear Commissioners: The Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development application be filed for review prior to final platting. Contact Donna Moore at 466-7861 for further information. All laterals and wasteways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Sincerely, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: dln cc: File - Shop File - Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 6 August 1998 i Pinnacle Engineers, Inc. 870 E. Linder, Suite B Meridian, ID 83642 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 RE: Land Use Change Application for Terra Townhouses Subdivision Dear Pinnacle Engineers: Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above -referenced development. If this development is under a "rush" to be finalized, I would recommend that you submit a cashier's check, money order or cash as payment of the fees in order to speed the process up. If you submit a company or personal check, it must clear the bank before processing the application. Should this development be planning a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District, I strongly urge you to coordinate with John P. Anderson, Water Superintendent for the Irrigation District concerning the installation of the pressure system. Enclosed is a questionnaire that you must fill out and return in order to initiate the process of contractual agreements between you and the Irrigation District for the ownership, operation and maintenance of the pressure urban irrigation system. If you have any questions concerning this matter please feel free to call on me at the District's office or John Anderson, the District's Water Superintendent at the District's shop. Sincerely, (/) )Y??d-� Donna N. Moore, Assistant Secretary/Treasurer cc: File Water Superintendent Accent Homes, L.L.C. City of Meridian enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - d0,000 PINNAC-LE, Engineers, Inc. To: Shari Stiles, P & Z Administrator IZECIErVEJ) City of Meridian 33 East Idaho AUG 1 1 1998 Meridian, Idaho 83642 CITY OF MERIDIAN PLANNING & ZONING Date: August 10, 1998 Re: Terra Townhouse Subdivision, response letter Ms. Stiles: In response to your letter dated August 7, 1998 pertaining to the above referenced project, I am providing the following information and responses to the conditions of the application. GENERAL COMMENTS 1. There are no existing irrigation/drainage ditches crossing the property that would be included in this project. 2. There are no domestic wells or septic systems within this project. 3. The street accessing this property is existing and as such has an existing street name approval. I am currently waiting for the subdivision name approval from the County Engineer. The Final Plat will reflect the approved name. 4. This letter is to be considered as our response to the comments. Ten copies of the Preliminary Plat Map will accompany this letter. SITE SPECIFIC COMMENTS 1. As stated in our application letter, all utilities are available to the site and we anticipated the installation of individual sewer and water services to each unit. 2. (see above) 3. , There are no existing ditch easements on the property. 4. The temporary turnaround easement is existing and must be shown on the plat. 870 NORTH LINDER SUITE B • MERIDIAN. IDAHO 83642 • (208) 887-7760 • FAX (208) 887-7781 5. We acknowledge the additional water and /or sewer assessments may be required. If so, we agree to enter into an Assessment Agreement with the City prior to signing of the Final Plat. If you have additional comments or concerns please feel free to contact me at (208) 887- 7760. Sincer Bob Unger Cc: File # 97721 Bruce Freckleton, Assistant to City Engineer