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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 ~\\'\,\_>c. fila. 1111; ..~ ~(VI ""," ""'''' ~ d" "" $""'(J"'r~ '-.. ';.J) '<;o~ ~ ~''''-:' :: ~ ~ -- -::::. ~ ~ ~ SEAL .~ -; ~ & ~ %. ~~ ~ 0 1 ~ "'.0 '~r 1S"'i . ~~, $ 'l "1 ~~ " ~ f"\..... ~ ....."n ....uUN1--1. \\,.., "11 ,\' IIHllflllIH\\ FINDINGS AND ORDER OF APPROVAL OF PRELIMINARY PLAT FOR TERRA TOWNHOUSE SUBDIVISION/ JIM HICKS