HomeMy WebLinkAboutApplicationHearing Date: January 7, 2016
File No.: H-2015-0036
Project Name: Westborough Square — MCU, RZ
Request: Request for rezone of 3.32 acres of land from the L -O to the R-15 zoning district, by
Northside Management.
Location: The site is located at 6340 N. Jericho Road, in the NE 1/4 of Section 30, Township 4N,
Range IE.
Request: Request for a modification to the conditional use permit (CUP -05-027) to allow
the development of multi -family instead of office uses on Phase 2 of the site.
ECE11f _.
DEC 0 2 2015
CiQ fEKIDIAN,- I I . 9 Planning Division
a H o DEVELOPMENT REVIEW APPLICATION
C(eQ1`�..4 iJq�e
STAFF USE ONL _ /
Project name: 1 e51 0f0a9� SG t.2rP — (ZZt MW
Ftlenumber(s): 51 0010"
Assigned Planner: ` p) "o (,()yrs Related files: A2—C6-01Z � COP- o5-OZ1
Type of Review Requested (check all that apply)
❑ Accessory Use
❑ Planned Unit Development
❑ Administrative Design Review
❑ Preliminary Plat
❑ Alternative Compliance
❑ Private Street
❑ Annexation and Zoning
❑ Property Boundary Adjustment
❑ Certificate of Zoning Compliance
12mezone
❑ City Council Review
❑ Short Plat
❑ Comprehensive Plan Map Amendment
❑ Time Extension:
❑ Comprehensive Plan Text Amendment
Director/ Commission/Council (circle one)
❑ Conditional Use Permit
❑ UDC Text Amendment
Conditional Use Modification
❑ Vacation:
rector/Commission (circle one)
Director/ Council (circle one)
(,
Jr�.� velopment Agreement Modification
❑ Variance
mal Plat
❑ Final Plat Modification
❑ Other
\0
N Annlicant Information
Applicantname: NUA;Z M,Q, Phone:
Applicant address: (o cf l0 r2 jrrt;M L d Email: SCA (@ i/tpr{\,4i � . Co^&
City: �lUe I C�f State: 10 Zip: q-61-111
Applicant's interest in property: 11 ❑ Own ❑ Rent ❑ Optioned yJ Other 6&,As,r 242.
(_
Ownername: ort.. .t7•oyt Phone:MIA
_
Owner address:
Email:
City: A." State: 1 O Zip: s3 61-z
Agent/Contact name (e.g., architect, engineer, developer, representative): �f
Firm name: r1r(e1t,fe; be �, 2eyw,�,z.3� Phone:
..Z2✓G— 120 2
Agent address: (9"d10 Ezif1 Al PL Email: 5(e� L� r'C13 i�P Me•F.[e.ti
City: Tz�!OiS-e State: :s2D Zip: q3%-14
Primary contact is: Applicant ❑ Owner YAgent/Contact
Subject Property Information
Location/street address: 6-31(ON • ��C t C� 1Z.a Township, range, section: &JEN�3D THAj
Assessor's parcel number(s): 7[J 151 11606 0 Total acreage: Z_ Zoning district:1,— O
S o53o12�Yeo5
Community Development • Planning Division • 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642
Phone: 208-884-5533 Fax: 208-888-6854 w .meridiancitv.ora/nlamtine
-1- (Bev. 0611212014)
Project/subdivision name:
General description of proposed project/request:.
Proposed zoning district(s): _
Acres of each zone proposed:
Type of use proposed (check all that apply):
Residential ❑ Office ❑ Commercial ❑ Employment ❑ Industrial ❑ Other
Who will own & maintain the pressurized irrigation system in this development? ___6eA1aT5 T4 , !]D -,S4.
Which irrigation district does this property he within? !Gg AEr
Primary irrigation source: Secondary: r 3 jA
Square footage of landscaped areas to d irrigated (if primary or secondary point of connection is City water): NA
Residential Project Summary (if applicable)
Number of residential units: :�y Number of building lots: 1
Number of common lots: I Number of other lots:
Proposed number of dwelling units (for multi -family developments only):
1 bedroom: 0 2-3 bedrooms: 3q 4 or more bedrooms:
Minimum square footage of structure (excl. garage): z�oy Maximum building height: 34 ,
Minimum property size (s.f): ttg , ZJ t+ Average property size (s.f.): AWjV1_r+
Gross density (Per UDC ll -IA -1): 12.55 Net density (Per UDC l l-lA-1): ----
Acreage of qualified open space: C.91 .rGS Percentage of qualified open space:
O
Type and calculations of qualified open space provided in acres (Per UDC I 1 -3G -3B):
— SeA rcZivdt, leraz�.
Amenities provided with this development (if
Type of dwelling(s) proposed: ❑ Single-family Detached ❑ Single-family Attached ❑ Townhouse
[]Duplex V4ulti-family ❑ Vertically Integrated ❑ Other
Non-residential Project Summary (if applicable)
Number of building lots: Common lots: Other lots: �
Gross floor area proposed: _
Hours of operation (days and
Total number oLuaAcin spat
Authorization
Print applicant name:
Applicant signature:
Building height:
Number of compact spaces provided:
Date:
Community Development. a Planning Division . 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642
Phone: 208-884-5533 Fax: 208-888-6854 www.mendiancit .ororWplanning
-2- (Rev. 0611212014)
'00 ^
NORTHSIDE
MANAGEMENT
November 24th, 2015
Mayor de Weerd & Meridian City Council
c%: Sonya Walters -Associate Planner, Planning Division
Meridian City Hall
33 East Broadway Ave.
Meridian, Idaho 83642
RE: Request for Rezone & Conditional Use Modification
Reference Files: DA#105152707/AZ-05-018/CUP-05-027
Sonya,
I am pleased to submit these application requests for Rezone & Conditional Use
Modification for Phase II of the previously approved Westborough Square project located
at 6340 N. Jericho Rd, Meridian, ID. More specifically known as Parcels R9318160060 &
5053012605.
This project is bounded by State Highway 26 to the north, Hightower Townhouses to the
west (zoned R-15), Westborough Subdivision to the south (zoned R-2 & R-4) &
undeveloped land to the east (zoned R-8). The overall project acreage is 5.56 & Phase II
specifically is 2.71 acres.
We are requesting to Rezone & Modify the Conditional Use Agreement of the Phase II
portion of the project from L -O to R-15. This will allow for Multi -Family Residential uses
rather than the originally approved Office Buildings. Support for this request is justifiable
as a result of the overall build out and/or Approval of uses in this area, roadway networks
& access points. Phase II is bounded wholly by existing/constructed Residential uses with
no direct access to the State Highway or an Arterial Road. These constraints negatively
impact the viability of Light Office type uses as well as retaining a Residential "feel' for
this area. Further, we have been unable gain interest for Office type uses considering lack
of visibility, convenient access & traffic counts that are paramount to the success of any
business. We feel confident that this area is better suited as cohesive Residential uses both
for the Neighborhood & the City. Findings can be made through the Comprehensive Land
Use Plan & Unified Development Code.
Our Vision for Phase II of Westborough Square is complimentary to all surrounding uses
& a continuation of the approved Phase I Multi -Family use. Our Master Site Plan does
take into consideration the entire project from a density, open space & amenity standpoint
ensuring overall Code Compliance at full build out is achieved and as detailed below:
- Master Site Features -
Total Project Acres (Phase I & H) -
Phase II Acres -
Overall Open Space -
Phase H Open Space -
Overall Open Space Calculation -
Total Project Residential Buildings -
Total Phase I Residential Buildings -
Total Phase 11 Residential Buildings -
Total Residential Units (Phase I & II) -
Overall Project Density Allowed -
Phase I Density -
Phase H Density Requested -
Overall Project Density At Build Out -
- Amenities -
5.56 Acres or 242,603 SF
2.71 Acres or 118,247 SF
1.75 Acres or 76,061 SF
0.89 Acres or 38,841 SF
1.75 Acres/5.56 Acres = 31.47%
19
10
74
15.00 Units/Acre or 83 Units
14.04 Units/Acre
12.55 Units/Acre
13.30 Units/Acre
Tot Lot/Play Area
Bocce Ball Court
Horseshoe Pit Court
Community Gardens
Extensive Open Space
Public Art
Project Directory
Connective Wallas & Pathways
Seating & Benches
While the Development Agreement calls out this Phase to be Light Office, the argument
can and should be made that there are Comprehensive Plan goals that allow for flexibility.
These applications are proposing a use that is better suited to surrounding uses and will
benefit the community as a whole.
We have carefully considered the transition from our project to the Single Family lot
directly to the South. Our two (2) buildings in this area will each have one (1) residential
unit adjacent to said southern lot and located no closer than 15' from the property line as
well as the inclusion of common area that houses Community Gardens. This coupled with
roughly 40' of distance within the said southern property's land, equates to roughly 55' of
separation between structures. Further, we are committed to ensure our two (2) adjacent
units are single story to retain a more open/private feel & smooth transition.
All other Land Use approvals for this project have been obtained. All Development
improvements have been completed for this project to include; Utilities, Roadways,
Parking & Buffers.
We believe that this development will be a wonderful addition to Meridian. We look
forward to working with you and your staff to make this infill development a reality. In the
event you have any questions or concerns, feel free to contact me at 208.230.1202 or
scott(a,northsidemgt. com
Sincerely,
NorthSide Management
Scott Noriyuki
CC: Client/Project File
Project No. 15-196
Legal Description
December 3, 2015
Being a portion of Lot 6, Block 1, Westborough Subdivision, as filed in
Book 87 of Plats at Pages 9884 through 9886, records of Ada County, Idaho, and
a portion of the Northeast 1/4 of the Northeast 1/4, located in the Northeast 1/4 of
the Northeast 1/4 of Section 30, Township 4 North, Range 1 East, Boise
Meridian, Boise, Ada County, Idaho, more particularly described as follows:
COMMENCING at the Northeast corner of said Section 30, from which the
East 1/16 corner of said Section bears North 89°51'35" West, 1,317.00 feet;
thence along the North line of said Section 30, North 89051'35" West, 1,019.80
feet to the REAL POINT OF BEGINNING;
Thence departing said North line, South 00°08'25" West, 232.12 feet;
Thence South 22°47'49" West, 110.95 feet;
Thence North 89030'04" West, 11.71 feet;
Thence South 00029'56" West, 143.49 feet;
Thence North 89030'04" West, 269.83 feet to a point lying on the
centerline of N. Jericho Road;
Thence North 00029'56" East, 476.24 feet to a point lying on said North
line of Section 30;
Thence South 89051'35" East, 322.19 feet to the POINT OF BEGINNING.
Containing 3.32 acres, more or less.
N89'51'35"W 1317.00'
/1/16 E. CHINDEN BOULEVARD s19 s.zo
S89'51'357 322.19
1019.80' S.30 S.29
Q="
N89'30'04"W 269.83'
IDAHO
1450 E. WATERTOWER ST.
N
SUITE 150
SURVEY
IN
GROUP,
P.C.(208)B46-8570
I w�
IN
Q="
N89'30'04"W 269.83'
IDAHO
1450 E. WATERTOWER ST.
SUITE 150
SURVEY
MERIDIAN, IDAHO 83042
GROUP,
P.C.(208)B46-8570
Io
I�
II.N
100
0
Io
N89'30'04"W
11.71'
J L`
Jl
10 60
0 30 120
SCALE: 1" = 60'
EXHIBIT DRAWING FOR
WESTBOROUGH SQUARE NO.2
LOCATED IN THE NE 1/4 OF SECTION 30, 14N.. R.1E., B.M.,
JOB NO.
15-196
DwC. DATE
11 1— iso
ADA COUNTYRECORDER Christopher D_ Rich AMOUNT 13.00 2
eWEIOF.Ha 01/28/2011 02:54 PM
DEPUTY Vicki Allen
ACCOMMODATION
RECORDING TITLEONEBOIS 111009174
Quitclaim Deed
For value received, Sheila Collins -Barton, spouse of grantee
Does hereby convey, release, remise, and forever quit claim unto
"I Corey D. Barton, a married man as his sole $ separate property, 4I f
whose current address is PO Box 369, Meridian, Idaho 83680,
the following described premises:
EXHIBIT °A" ATTACHED HERETO AND MADE APART HEREOF
To have and to hold the said premises, unto the said grantees, heirs and assigns forever.
Date: January 19, 2011
Sher ColYns•Barton,spouseofgrantee
State of Tdaho }
} ss:
County of Ada )
On this L�' day of January, 2011, before me, the undersigned a Notary Public in and for said state
personally appeared Sheila Collins -Barton, known to me, or proved to me on. the basis of satisfactory
evidence to be the person whose17an1C is subscribed to the withininsltvmeni and aclotowledged tome
that she executed the same.
IN NVITNESS WIMEOF Ihnve sot my hand and oflieial seal onihe date shown above.
Notary Public
Commission Expires:_1Q�(>�_�_�
uEY_II5_T nru
Lot 6 in Block 1 of WEST9OP•OOM SUB0_O13IOX, according to the ❑£fids] ulat
`_hereof, filed in Bool: 67 of Plato at Pages 9594 through 9086, records o£ Lida
County, ]:data.
EXSIEPTINCI the parcel of land deeded to the State of Idaho, Idaho
Transaortation BenarLment, recorded April 31, 2804 as Instruat=t Ila. 109043110
as foilowa:
A parcel of land located is the Northest quarter of the I4orL•beast quarter of
Section 30, Torm.ahip 4 No'=th, Range 1 East, Boise Meridian, Ada County, Idaho,
referencing Record of MUrVuy No. 5692, more particularly described as follower
commencing at the Northeast coiner of Said Section 30, marked by a 3.5 inch
breas can; thence
liQ!'th 09°51'351' West coincident wits the Srorth lire a£the Northeast qua_*ter
Ot the Northeast quarter of said Sect30, a distance of 1,317.00 feet to 'a
5/0 inch mbar/Cap PLS 4431 marling
g the Northwest corner of said Northeast
quarter of the Northeast quarter] thence
South 00^29'59H Nest coincident with the West line of said=7ortheast quarter '
of the Northeast &UXL•mr, a distance of =0.00 feet to a 5/S inch rsbar/cap PLS
4431 on the South right -❑f -way line of Chindan Boulevard MS. Highway 2-0/26);
thence
South 39"51'35' East Coincident with said South right-of-way line of Chinden
Boulavard and parallel with the North line of said Iiortheast quarter of the
Northeast quarter, a distance of 2.00 feet to a 5/8 inch rebar/Can PLS 54614
and the POINT or BEC-7N17IrgGr thence continuing
South 89°51'3511 Last eoinoident with said South richt-of-may line'❑£ ,CL+indea
Boulevard, and parallel with the North line of said Plortheast quarter of the
Narthcaat quarter, a distance of 576.69 ;rest to a 5/0 inch rebar/cap PLS 6431;
thence
South 00"37'361, wast, 30.00 feet to a 5/0 inch rabar/Cap PLO 5861; thence
4iarth 89°51'3511 West parallel Vrith the North line of said Northeast quarter of
the Northeast quarter, a distance of 576.62 feet to a 5/0 inch rebar/Cap PLS P
5961; thence
Nortb, 00-29'561' East parallel with said West line of the Northeast quarter of
the Northeast quarter, a distance of 30.00 feet to the POT_{T OP,133OI1q,732§G�
m
Eli
Ir.vP1..17TF:U
90' �� 1'1}5' 11 S!' I—TSA]a '� 6J8 - �— --- -r. _^-� W •u'� 2kr e
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Total Acreage 15399
Acrea c Vern . .. _. _ ._.... _
9 led Dale herr
771r ,,,,, r -r poifi io9Do „„
Assessment
Propmly Scale
a
Ageage Assessed Volue
Valuation
Code Total f �a I V�Ip1 }
Dalt li'
pccupapcq CaleS Code
Method
Area i
Assessed Amt s-iLuUd
1 I
trr
1
Taxable And .. 395W-0
CHADACTEDISTICS
Land`.
;:. i A
-.'_ 't :'rt' I
ssP,
Total Acreage 15399
Acrea c Vern . .. _. _ ._.... _
9 led Dale herr
771r ,,,,, r -r poifi io9Do „„
Slate Parcel tt
' ICaneeF
`
's,'�"."q"��
_
Pmpedy Description p4296p9TR06R
LOT 06 DLK pl
WESTBOROUGH SUR
li
'
I
Total Acreage 15399
Acrea c Vern . .. _. _ ._.... _
9 led Dale herr
771r ,,,,, r -r poifi io9Do „„
BARTON COREY D
Bank Code I
F Pi.Paid
ra
Code A,.. �G3
SubFI011
- 0 Aj
A
Pa Box 369
MERIDIAN 10
03600-030
76
Interest Data 5/12012-
Total Due
Year Amb.ni Do,
A.e.,
Let,
Fuji Year
1
1
19d 6 - �
I I
lim
2010 0.00
0.000.00
000
U.00
0.00
0.00
i DAB 13.00
2005 0.00
nxu-
oub----Ic
-Ullmu
0,00
0.00
OU(I
0.00 0.00
2000 OAO
0.00
0.00 -;400
BOO
0.00
-060-
0.00 `'ODG
2007 Dflo
0.00
DOB
0-00
000
U.fln
0 on
Dflo U-00
zom -6,66
0.60
0.00-
!IL0a
-0-A6-
:'Bco
0.00
D.00 0. . 60
im
2005 DMD
-6,66
-
9.69
[-0.0U
U.00
I WED
000
0.00 V.DU
2004 -6.00
a-IFO
006
�A-011
--ifna
UK)
000
0.00
LD 00 --
Tax Summary Pubfic Pre Paid
-
awo.smmav
'Assessment
year
Dale Due
Ton
Tom
Tax
Ron
payments
Charge
Payment
Adjustment Charge
Pat
IY4ARUNM
111111
1
20I0 Pi.paity-FI,
I2/292010
-G-1 01 AG
GI0I'96
-G10l--96
am
n,no
OM
0.00
2009 Pi.pe,ty IT,
1221 M09
-4655M0
4655.60
-4655.00
0.00
nDU
0.00
0-00
2000 Property Or
12/2212000
439L92
435152
439192:0.00
ME
000
0.00
2007 Property R,
i 12/20/2007
-:173U.00
3572 GO
-3572.65-
13.00
0.00
0 D
i Dan
2006 P,.pe,ty R,
12M12006
-3560.68
3560.60
35n@.68
0.00
0 00
0.00
-0.00
2005 h.p.,ty R,
12/26/2005
-4036.16
4036.16
-403G.16
000
0.90
don
-6-00--
2004 P,.i ... ty n,
112120/2004
.4739 cG
4,039 cr�
4079 66
nno
a tin
NO
0.010.
.„
Code
Alea
03!3
;.
-Levy Amount
i.DO0173961
Parcel ;R93101 E6060
-gzsessed Value '--.399.800
Tauahlc Value
352888;
— 03 6
03 0
D3 12
__.._.__--.
03 ID
U3 24
03 43
03 i 45.080107599
03 100
.001290103
1.003396562
MOOGG51345
_268.1.
',.0044770'00
.00OU31620
.000037360
-.000182042
ADA COUNTY HIGHWAY GIST
SCHOOL DISTRICT NO. 2
MERIDIAN LIBRARY
MERIDIAN CITY
88__88
'MERIDIAN CEMETERY
: MOSQUITO ABATEMENT
WESTERN ADA RECREATION
COLLEGE OF WESTERN IDAHO
ysy Add
515-70
1.35795.
266.12
1,789.93`:
- 1264 j
_.
____4102,
72.70'
0
Adpulm ra
p
iYear---2012 J (t,Get Values
Taxably, Value 355.000
Adjusted Value
RARTON COREY D
_ Dank Code_i
--'_" r PmPaid
"
r SubBoll
Code Ama D3
rlga�s-1
PO BOX 369
MERIDIAN ID 83600.0369
Intamsl Date
5/1/2012 Colculate
PIInI
!Total Due
2735.G5,
J.I
11
1"
;'�u, Calculate
Q Rehesh
- '�' BStb Oi. 410Si [DIIPIEMT LCRtNIL�LCJIL i 'Ts '
Code
Alea
03!3
-- Dishicl -:
Ilmnbel_
-Levy Amount
i.DO0173961
Parcel ;R93101 E6060
-gzsessed Value '--.399.800
Tauahlc Value
352888;
— 03 6
03 0
D3 12
__.._.__--.
03 ID
U3 24
03 43
03 i 45.080107599
03 100
.001290103
1.003396562
MOOGG51345
_268.1.
',.0044770'00
.00OU31620
.000037360
-.000182042
ADA COUNTY HIGHWAY GIST
SCHOOL DISTRICT NO. 2
MERIDIAN LIBRARY
MERIDIAN CITY
88__88
'MERIDIAN CEMETERY
: MOSQUITO ABATEMENT
WESTERN ADA RECREATION
COLLEGE OF WESTERN IDAHO
ysy Add
515-70
1.35795.
266.12
1,789.93`:
- 1264 j
_.
____4102,
72.70'
0
Adpulm ra
p
iYear---2012 J (t,Get Values
Taxably, Value 355.000
Adjusted Value
_ - .o SubD
359.006'
J.I
11
1"
;'�u, Calculate
Q Rehesh
- '�' BStb Oi. 410Si [DIIPIEMT LCRtNIL�LCJIL i 'Ts '
Code
Alea
03!3
-- Dishicl -:
Ilmnbel_
-Levy Amount
i.DO0173961
I -'
I De�edPliun
EMERGENCY MEDICAL
Phune
112081207-2950 j
Estimated
-':Taa -
69.551
— 03 6
03 0
D3 12
__.._.__--.
03 ID
U3 24
03 43
03 i 45.080107599
03 100
.001290103
1.003396562
MOOGG51345
_268.1.
',.0044770'00
.00OU31620
.000037360
-.000182042
ADA COUNTY HIGHWAY GIST
SCHOOL DISTRICT NO. 2
MERIDIAN LIBRARY
MERIDIAN CITY
88__88
'MERIDIAN CEMETERY
: MOSQUITO ABATEMENT
WESTERN ADA RECREATION
COLLEGE OF WESTERN IDAHO
' 1206f 367 6120 !
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TitleOne Corporation
Authorized Agent for:
1 Westcor Land Title Insurance Company
nc•
File Number: 12206249 Contact Information
We would like to thank you for your business. We appreciate the opportunity to serve you and the following contact information has been
provided for your convenience during this transaction.
If you have any title questions, please contact your Title Officer:
Title Officer: Heidi Emery
Address: 1101 W. River Street, Suite 201
Boise, ID 83702
Email: hemery@titleonecorp.com
Phone: (208) 489-7265
Fax: (208)287-5322
File Number: 12206249 ALTA Commitment (6117106)
TitieOne Corporation
Authorized Agent for:
Title OnWestcor Land Title Insurance Company
e
SCHEDULE A
1. Effective Date: April 20, 2012 at 07:30 AM
2. Tide Report: $500.00
3. The estate or interest in the land described or referred to in this Commitment and covered herein is:
Fee Simple
4. Title to the estate or interest in said land is at the effective date hereof vested in:
Corey D. Barton, a married man , as his sole and separate property
5. The land referred to in this Commitment is described as follows:
See Attached Schedule C
TitleOne Corporation
Heidi Emery, Authorized Signatory
File Number: 12206249
SCHEDULE B -I
Requirements
The following are to be complied with:
1. Necessary conveyance to the proposed insured.
2. Deed of Trust or Mortgage securing the loan.
ALTA Commitment (6117105)
NOTE: If a Deed of Trust is contemplated as a part of this transaction, the correct name to be entered as the Trustee is'TITLEON'c
CORPORATION'
NOTE: The Company has conducted a judgment and lien search of the public records, as of the effective date shown mi Schedule A,
against the vested owner and/or the proposed insured owner/borrower. The Company has found no such items other than those shown
on Schedule B, if any.
3. The Company will require delivery of and approval by the Company of an Indemnity and Affidavit as to Debts, Liens and Possession,
prior to the issuance of the policy.
4. NOTE: According to the available records, the purported address of said land is: 6340 North Jericho Road, Meridian, ID 63646
5. Because of the provision of the Idaho Homestead law (Chapter 10, Title 55, I.C.), the Company will require: (a) the personal execution
and acknowledgement of any deed, deed of trust, mortgage or special power of attorney to convey or encumber the homestead by the
vested owner and spouse, if any; or (b) an affidavit, signed by the vested owner and spouse, if applicable, which states (1) that the land
described herein is not their principal residence; (fi) the land is not claimed as homestead property; and (iii) their principal residence is
located elsewhere, and, if applicable, the vested owner is not married.
File Number: 12206249
SCHEDULE B•I1
Exceptions From Coverage
ALTA Commitment (6117106)
Note: The Policy (or Policies) may contain a clause permitting arbitration of claims at the request of either the Insured or the Company.
Upon request the Company will provide will provide a copy of this clause and the accompanying arbitration rules prior to the closing of
the transaction.
Any policy we issue will have the following will have the following Exceptions unless they are taken care of to our satisfaction.
Exceptions;
1. Rights or claims of parties in possession not shown by the public records.
2. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an
accurate and complete land survey of the Land, and that is not shown by the Public Records.
3. Easements, or claims of easements, not shown by the public records.
4. Any lien, or right to a lien, for services, labor, or materials heretofore or hereafter furnished, imposed by law and not shown by the
public records.
S. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights,
claims to title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records.
6. Taxes or special assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or
assessments on real property or by the public records. Proceedings by a public agency which may result In taxes or assessments, or
notices to such proceedings whether or not shown by the records of such agency, or by the public records.
7. Taxes, Including any assessments collected therewith, for the year 2012 which are a lien not yet due and payable.
S. Taxes, including any assessments collected therewith, for the year 2011 for which the first installment is paid and the second
installment is due and payable on or before June 20, 2012.
Parcel Number: R9318160060
Code Area: 03
Original Amount: $5,471.30
9. The land described herein Is located within the boundaries of City of Meridian (208.888.4433) and Is subject to any assessments
levied thereby.
10. The land described herein Is located within the boundaries of Settlers Irrigation District (208-344-2471) and is subject to any
assessments levied thereby.
11. Easements, reservations, restrictions, and dedications as shown on the official plat of said subdivision
12. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted to: Idaho Power Company
Purpose: Public Utilities
Recorded: May 2, 1929
Instrument No.: 134961
File Number: 12206249 ALTA Commitment (6117106)
13. An easement for the purpose shown below and rights incidental thereto as set forth in a Public Right -of -Way Easement.
Granted to: Ada County Highway District
Purpose: Public sidewalks
Recorded: August 7, 2003
Instrument No.: 103132152
(Affects entire subdivision, except Lot 8)
14. An easement for the purpose shown below and rights incidental thereto as set forth in Public Right -of -Way Easement (Sidewalk).
Granted to: Ada County Highway District
Purpose: Public sidewalks
Recorded: August 14, 2003
Instrument No.: 103137057
(Affects Lot 6IBlock 1)
15. An easement for the purpose shown below and rights incidental thereto as set forth in Perpetual Storm Water Drainage Easement.
Granted to: Ada County Highway District
Purpose: Storm water drainage system
Recorded: August 21, 2003
Instrument No.: 103142270
(Affects Lot616fock 1)
Affidavit to Correct Legal Description
Recorded: September 2, 2003
Instrument No.: 103149052
16. Covenants, Conditions, and Restrictions, and, Easements but omitting covenants or restrictions, if any, based upon race, color,
religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as
set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law.
Recorded: March 19, 2004
Instrument No.: 104031787
17. Terms, covenants, conditions, restrictions, easements, and obligations, it any, contained in a Development Agreement.
Recorded: October 13, 2005
Instrument No.: 105152707
18. An easement for the purpose shown below and rights incidental thereto as set forth in Perpetual Storm Water Drainage Easement.
Granted to: Ada County Highway District
Purpose: Storm Water Drainage
Recorded: August 18, 2004
Instrument No.: 104106179
File Number: 12206249
SCHEDULE C
Legal Descriptlow
ALTA Commitment (6117106)
Lot 6 in Block 1 of Westborough Subdivision, according to the official plat thereof, filed in Book 87 of Plats at Pages 9884 through 9886,
records of Ada County, Idaho.
Excepting the parcel of land deeded to the State of Idaho, Idaho Transportation Department, recorded April 21, 2004 as Instrument No.
104048110 as follows:
A parcel of land located in the Northeast quarter of the Northeast quarter of Section 30, Township 4 North, Range 1 Bast, Boise Meridian,
Ada County, Idaho, referencing Record of Survey No. 5691, more particularly described as follows:
Commencing at the Northeast comer of said Section 30, marked by a 3.5 inch brass cap; thence
North B9°51'35" West coincident with the North line of the Northeast quarter of the Northeast quarter of said Section 30, a distance of
1,317.00 feet to a 518 inch rebarlcap PLS 4431 marking the Northwest corner of said Northeast quarter of the Northeast quarter; thence
South 00029'56" West coincident with the West line of said Northeast quarter of the Northeast quarter, a distance of 40.00 feet to a 518 inch
rebarlcap PLS 4431 on the South right-of-way line of Chinden Boulevard (U.S. Highway 20126); thence
South 89051'35" East coincident with said South right-of-way line of Chinden Boulevard and parallel with the North line of said Northeast
quarter of the Northeast quarter, a distance of 2.00 feet to a 518 inch rebarlcap PLS 5461 and the Point of Beginning; thence continuing
South 89051'35" East coincident with said South right-of-way line of Chinden Boulevard, and parallel with the North fine of said Northeast
quarter of the Northeast quarter, a. distance of 576.69 feet to a 518 inch rebarlcap PLS 4431; thence
South 00'37'36" West, 30.00 feet to a 518 inch rebarlcap PLS 5461; thence
North 89°51'35" West parallel with the North line of said Northeast quarter of the Northeast quarter, a distance of 576.52 feet to a 518 inch
rebarlcap PLS 5461; thence
North 00°29'56" East parallel with said West line of the Northeast quarter of the Northeast quarter, a distance of 30.00 feet to the Point of
Beginning.
� �v�4l1'J-1�F-G'�u
Transn�aition
Escrow No. 0500036818 —A/81
ADA COUNTY RECORDER J. DAVID
BOISE IDAHO 10/13/05 04:66 PM
DEPUTY Gail Darrell
RECORDED—REQUEST OF
Transnallon Title
NWRice_ g
FOR VALUE RECEIVED
STETSON PROPERTIES, LP, an Idaho Limited Partnership
VARRO AMOUNT 0.00 3
III 1i11111i11i11i19f11i9101lillill III
105153028
GRANTOR(s), does(do) hereby GRANT, BARGAIN, SELL AND CONVEY unto: DYVER DEVELOPMENT LLC,
an Idaho Limited Liability Company
GRANTEES(s), whose current address is: P.O. aox 369 , Meridian, ID 83680
the following described real property in Ada County, State of Idaho,
more particularly described as follows, to wit:
See Attached Exhibit "A"
TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said heirs and assigns forever. And the said
Grantor(s) does(do) hereby covenant to and with the said Grantee(s), that Grantor(s) is/are the owner(s) in fee simple of said
premises; that said premises are free from all encumbrances EXCEPT those to which this conveyance is expressly made
subject and those made, suffered or done by the Grantee(s); and subject to reservations, restrictions, dedications, easements,
rights of way and agreements, (if any) of record, and general taxes and assessments, (including irrigation and utility
assessments, if any) for the current year, which are not yet due and payable, and that Grantor(s) will warrant and defend the
same from all lawful claims whatsoever.
Date: October 12, 2005
Stetson Properties, LP
by Eck Properties, LLC, General Partner
by Tim W. Eck, Member
Notary Acknowledgment— see page 2
WARRANTY DEED - NOTARY ACKNOWLEDGMENT(S):
State of Idaho, County of Ada, as.
t
On this L day of October in the year of 2005, before me, the undersigned, a Notary Public in and for
said State, personally appeared Tim W. Eck as Member of Eck Properties, LLC known or identified to me to
be the General Partner in the partnership of Stetson Properties, LP and the partner(s) who subscribed said
partnership's name to the foregoing instrument, and acknowledged to me that he/she/they executed the same
in said partnership name.
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EXHIBIT "A"
Lot 6 in Block 1 of WESTBOROUGH SUBDIVISION, according to the official plat
thereof, filed in Book 87 of Plats at Pages 9884 through 9886, records of Ada
County, Idaho.
EXCEPTING the parcel of land deeded to the State of Idaho, Idaho
Transportation Department, recorded April 21, 2004 as Instrument No. 104048110
as follows:
A parcel of land located in the Northeast quarter of the Northeast quarter of
Section 30, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho,
referencing Record of Survey No. 5692, more particularly described as follows:
Commencing at the Northeast corner of said Section 30, marked by a 3.5 inch
brass cap; thence
North 890511351, West coincident with the North line of the Northeast quarter
of the Northeast quarter of said Section 30, a distance of 1,317.00 feet to a
5/8 inch rebar/cap PLS 4431 marking the Northwest corner of said Northeast
quarter of the Northeast quarter; thence
South 00029,561, West coincident with the West line of said Northeast quarter
of the Northeast quarter, a distance of 40.00 feet to a 5/8 inch rebar/cap PLS
4431 on the South right-of-way line of Chinden Boulevard (U.S. Highway 20/26);
thence
South 89051135" East coincident with said South right-of-way line of Chinden
Boulevard and parallel with the North line of said Northeast quarter of the
Northeast quarter, a distance of 2.00 feet to a 5/8 inch rebar/cap PLS 5461
and the POINT OF BEGINNING; thence continuing
South 89051,35" East coincident with said South right-of-way line of Chinden
Boulevard, and parallel with the North line of said Northeast quarter of the
Northeast quarter, a distance of 576.69 feet to a 5/8 inch rebar/cap PLS 4431;
thence
South 00037136" West, 30.00 feet to a 5/8 inch rebar/cap PLS 5461; thence
North 69051135" West parallel with the North line of said Northeast quarter of
the Northeast quarter, a distance of 576.62 feet to a 5/8 inch rebar/cap PLS
5461; thence
North 00029156" East parallel with said West line of the Northeast quarter of
the Northeast quarter, a distance of 30.00 feet to the POINT OF BEGINNING.
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO }
}
COUNTY OF ADA )
1 Not D.
( ane) 'n(address)
Mevict is � ,
(city) (state)
being first duly sworn upon, oath, depose and say:
That I am the record owner of the property described on the attached, and I grata my
permission to:
—6ff 1�loriyUk,' �sio 'vl�ill pl. FxJise_
(name) (address)
to submit the accompanying application(s) pertaining to that property.
2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless
from any claim or liability resulting from any dispute as to the statements contained
herein or as to the ownership of the property which is the subject of the application.
3. I hereby grant permission to City of Meridian staff to enter the subject property for the
purpose of site inspections related to processing said application(s).
t�
Dated this '�q day
SUBSCRIBED AND SWORN' to before me the day and year first above written.
33 E. Brd
Phone: (208) 8845533
TA
(Notary Public for Idaho)
�aResidingat:__.,_ 3 YNOG_T_r_Im
My Commission Expires
fy Avenue, Suite 102 • Meridian, Idaho 83642
Facsimile: (208) 888-6854 • Website: www.meridianciry.org
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CITY OF MERIDIAN
PRE -APPLICATION MEETING NOTES
ProjectlSubdivision Name: Westborough Square Phase 2 Date: 8/27/15
Applicant(s)/Contact(s): Scott Noriyuki
City Staff: Sonya, Bill, Bruce, Rick J., Sam
Location: South of E. Chinden Blvd. & east of N. Saguaro Hills Ave. Size of Property: 5_4
Comprehensive Plan FLUM Designation: MU -C with N.C. designation
Design Guidelines Development Context: ❑ Urban X Urban/Suburban ❑ Suburban ❑ Rural
Existing Use: vacant Existing Zoning: L-0 & R-15
Proposed Use: MFR Proposed Zoning: RR=15
Surrounding Uses: residential
Street Buffer(s) and/or Land Use Buffer(s): Buffer along Chinden already exists
Open Space/Amenities/Pathways: Comply with open space & site amenity requirements listed in UDC 11-3G-3 for entire 5.4
acre parcel & 11-4-3-27
Access/Stub Streets/Street System: access via EveresVJericho; access via Chinden is prohibited
Sewer & Water Service:
Waterways/ Floodplain/Topography/Hazards: Not in floodplain overlay district
History: AZ -05-018_: PP -05-020 (exp.); CUP -05-027 (commenced); FP -05-075 (exp.)
Additional Meeting Notes: ' Comply with provisions of development agreement (#105152707)
• Rezone from L-0 to R-15
• Modify the concept plan approved with the CUP/PD to change the site layout & use from office to MFR
• Preliminary plat to subdivide property into individual lots for each building
• Comply with dimensional standards of the R-15 zoning district per UDC Table 11-2A-7
• Comply with specific use standards for multi -family developments per UDC 11-4-3-27
• The design of structures is required to comply with the design standards in effect at the time of Certificate of Zoning Compliance.
• Provide a transition in density to the R-2 zoned property to the south and/or open space w/landscaping & amenities
...........................................................................................
Note: A Traffic Impact Study (TIS) will be required by ACHD for large commercial projects and any residential development with over 100 units. To
avoid unnecessary delays & expedite the hearing process, applicants are encouraged to submit the TIS to ACHD prior to submitting their application
to the City. Not having ACHD comments and/or conditions on large projects may delay hearing(s) at the City. Please contact Mindy Wallace at 387-
6178 or Christy Little at 387-6144 at ACHD for information in regard to a TIS, conditions, impact fees and process. J
Other Agencies/Departments to Contact:
❑ Ada County Highway Dist. (ACHD)
❑
Nampa Meridian Irrigation Dist. (NMID)
❑
Public Works Department
❑
Idaho Transportation Dept. (ITD)
❑
Settlers Irrigation District
❑
Building Department
❑
Republic Services
❑
Police Department
❑
Parks Department
❑
Central District Health Department
❑
Fire Department
❑
Other:
Application(s) Required:
❑
Administrative Design Review
❑
Conditional Use Permit Modification/Transfer
X
Rezone
❑
Alternative Compliance
❑
Development Agreement Modification
❑
Short Plat
❑
Annexation
❑
Final Plat
❑
Time Extension - Council
❑
City Council Review
❑
Final Plat Modification
❑
UDC Text Amendment
❑
Comprehensive Plan Amendment- Map
❑
Planned Unit Development
❑
Vacation
❑
Comprehensive Plan Amendment- Text
❑
Preliminary Plat
❑
Variance
X
Conditional Use Permit
❑
Private Street
❑
Other
Notes: 1) Applicants are required to hold a neighborhood meeting in accord with UDC 11 -5A -5C prior to submittal of an application requiring a public
hearing (except for a vacation or short plat); and 2) All applicants for permits requiring a public hearing shall post the site with a public hearing notice
in accord with UDC 11 -5A -5D.3 (except for UDC text amendments, Comp Plan text amendments, and vacations). The information provided during
this meeting is based on current UDC requirements and the Comprehensive Plan. Any subsequent changes to the UDC and/or Comp Plan may
affect your submittal and/or application. This pre -application meeting shall be valid for four (4) months.
NORTHSIDE
MANAGEMENT
August 21, 2015
Dear Neighbor,
Please accept this invitation to attend a neighborhood meeting to review our progress on the
application of the Westborough Square Subdivision located at 6340 N. Jericho Road in Meridian, ID.
At this meeting a representative will be available to provide neighbors with answers to their questions
regarding this proposal. For those interested, please join us on site at 6:00 p.m. on Thursday, August
27th, 2015 (see location map below).
Please note that this is not a public hearing and City officials will not be present. The purpose of this
meeting is to provide neighboring property owners the opportunity to ask questions regarding the
application prior to formal submittal to the City. A public hearing will be noticed to the neighboring
property owners by the City at a future date.
Mooting Loeetlorn
We look forward to seeing you there.
6310 N. Jericho Rd.
Sincerely, where Jodcko Rd.'rneeb
HIS suhlect eroeerty
Westborough Square Subdivision
Neighborhood Meeting
August 27, 2015 6:00 p.m.
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COMMITMENT OF PROPERTY POSTING
Per Unified Development Code (UDC) 11 -5A -5D, the applicant for all applications requiring a
public hearing (except for a UDC text amendment, a Comprehensive Plan text amendment
and/or vacations) shall post the subject property not less than ten (10) days prior to the hearing.
The applicant shall post a copy of the public hearing notice of the application(s) on the property
under consideration.
The applicant shall submit proof of property posting in the form of a notarized statement and a
photograph of the posting to the City no later than seven (7) days prior to the public hearing
attesting to where and when the sign(s) were posted. Unless such Certificate is received by the
required date, the hearing will be continued.
The sign(s) shall be removed no later than three (3) days after the end of the public hearing for
which the sign(s) had been posted.
I am aware of the above requirements and will comply with the posting requirements as stated in
UDC 11-5A-5.
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Applicant/ nt signature Date
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Community Development
Parcel Verification
Date: 12/10/15
Meridian City Hall, Suite 102
33 E. Broadway Avenue
Meridian, Idaho 83642
208.887.2211
The parcel information below has been researched and verified as correct by the City of Meridian
Community Development Department.
Project Name: Westborough Square Multi -Family
Parcel Number: R9318160060
Acres
T/R/S:
Property Owner:
5.399
4N 1E 30
Corey Barton
1977 E. Overland Rd.
Meridian, ID 83642
Address Verification Rev: 04/23/12