Terra Townhouse Subdivision PP
JUSTIN P. AYLSWORTH
JULIE KLEIN FISCHER
WM. E GIGRAY. III
D.SAMUEL)OHNSON
WILLIAM A. MORROW
CHRISTOPHER S. NYE
PHILIP A. PETERSON
STEPHEN L. PRUSS
ERIC S. ROSSMAN
TODD A. ROSSMAN
R. STEPHEN RUTHERFORD
TERRENCE R. WHITE
WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A.
ATTORNEYS AT LAW
200 EAST CARLTON AVENUE. SUITE 31
POST OFFICE BOX 1150
MERIDIAN, IDAHO 83680-1150
TEL (208) 288-2499
FAX (208) 288-2501
NAMPA OFFICE
104 NINTH AVENUE SOUTH
POST OFFICE BOX 247
NAMPA, IDAHO 83653-0247
TEL (208) 466-9272
FAX (208) 466.4405
PLEASE REPLY TO
MERIDIAN OFFICE
RECEIVED
December 1, 1998
nC'(' - 1
.Lv
CITY OF lVIERIDIAN
William G. Berg, Jr.
Meridian City Clerk
33 East Idaho Street
Meridian, Idaho 83642
RE: TERRA TOWNHOUSE SUBDIVISION
Dear Will:
Pursuant to City Council action of November 17, 1998, I have prepared the FINDINGS
AND ORDER OF APPROVAL OF PRELIMINARY PLAT in the application of Jim Hicks,
regarding the above matter. This document is now ready for the Mayor's signature and after the
Mayor's signature had been secured, and the City Clerk's signature secured, the original should
be retained by the City Clerk. Copies should be served upon the Applicant, the Planning and
Zoning Department and the Public Works Depmtment, as designated by the City Clerk's
signature.
If you need further assistance by this office, please advise,
WFG/msg
Enclosure
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE APPLlCA TJON
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
) P LA T
)
The above entitled matter coming on regularly for public hearing before
the City Cou ncil 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 Terri! 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 sewer 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/ TIM 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 TO\VNHOUSE SUBDIVISIONI JIM HICKS
Assessment Agreement with the City of Meridian prior to signature
on the final plat map.
By action of the City Council at its regular meeting held on
November 17, 1998.
)
By: \i<~YAi)'~~:;::::;A~
c-ROBERT D. CORRIE
Mayor, City of Meridian
Copy served upon Applicant, the Planning and Zoning Department and the
Public W,1.S Department.
By: Atlv-:-A;3t-r~ ~ Dated: //-/1-'18
City Clerk \'HuA;ltlll
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FINDINGS AND ORDER OF APPROVAL OF PRELIMINARY PLAT
FOR TERRA TOWNHOUSE SUBDIVISION/ JIM HICKS