HomeMy WebLinkAboutPZ - Staff ReportWestborough Square – MCU, RZ H-2015-0036 PAGE 1
STAFF REPORT
Hearing Date: January 7, 2016
TO: Planning & Zoning Commission
FROM: Sonya Watters, Associate City Planner
208-884-5533
SUBJECT: H-2015-0036 – Westborough Square – MCU, RZ
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, Northside Management, has applied for a modification to the existing conditional use
permit/planned development (CUP-05-027) (MCU) for Westborough Square to change the use and
site layout from an office to a multi-family residential development. A rezone (RZ) is also requested
of 3.32 acres of land from the L-O to the R-15 zoning district. See Section IX Analysis for more
information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed MCU and RZ with the conditions listed in Exhibit B,
based on the Findings of Fact and Conclusions of Law in Exhibit D of the Staff Report.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to recommend approval to the City
Council of File Number H-2015-0036 as presented in the staff report for the hearing date of January
7, 2016, with the following modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to recommend denial to the City
Council of File Number H-2015-0036 as presented during the hearing on January 7, 2016, for the
following reasons: (You should state specific reasons for denial and what the applicant could do to
gain your approval with another application.)
Continuance
I move to continue File Number H-2015-0036 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The subject property is located at 6340 N. Jericho Road, in the northeast ¼ of Section 30,
Township 4 North, Range 1 East
B. Owner(s):
Corey Barton
1977 E. Overland Road
Meridian, ID 83642
Westborough Square – MCU, RZ H-2015-0036 PAGE 2
C. Applicant:
Northside Management
6810 Fairhill Place
Boise, ID 83714
D. Applicant's Statement/Justification: Please see applicant’s narrative for this information.
V. PROCESS FACTS
A. The subject application is for a conditional use permit modification and a rezone. A public
hearing is required before the Planning & Zoning Commission and City Council on this matter,
consistent with Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: December 21, 2015 and January 4, 2016
C. Radius notices mailed to properties within 300 feet on: December 17, 2015
D. Applicant posted notice on site by: December 28, 2015
VI. LAND USE
A. Existing Land Use(s) and Zoning: This site is partially developed with drive aisles and a parking
lot but no structures and zoned L-O.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
North: E. Chinden Blvd., residential properties in Ada County
South: Residential properties, zoned R-2
East: Multi-family residential, zoned R-15
West: Residential properties, zoned R-15
C. History of Previous Actions:
In 2003, this property was platted as Lot 6, Block 1, Westborough Subdivision (recorded as
Bk. 97, pg. 9884). There is an ACHD easement (Inst. 103149052) depicted on the plat across
this property which has been released (Instrument No. 104106180) (see Exhibit A.6).
In 2005, this property received the following approvals as part of the larger Westborough
Square Subdivision:
Annexation and zoning (AZ-05-018) with an L-O zoning district and a development
agreement recorded as Instrument No. 105152707.
Conditional use permit (CUP-05-027) for a planned development consisting of
professional office and multi-family uses in the L-O and R-15 zoning districts
respectively with multiple buildings on a single lot and a waiver of the street frontage
requirement in the R-15 district. Phase 1 of the PD has commenced and will consist of 40
multi-family dwelling units in addition to the 34 proposed with this application.
Preliminary plat consisting of 7 building lots and 1 common lot on 5.39 acres of land
(PP-05-020).
A final plat (FP-05-075) was approved in 2006 but was never recorded and the preliminary
plat is now expired.
D. Utilities:
1. Public Works:
Westborough Square – MCU, RZ H-2015-0036 PAGE 3
a. Location of sewer: Sanitary sewer mains to provide service to this project currently exist.
b. Location of water: Water mains to provide service to this project currently exist.
c. Issues or concerns: Due to water quality and redundancy concerns, the applicant shall be
required to grant an easement for a future water main connection loop
in Phase 1, to the east boundary of the overall Westborough Square
Subdivision. The location and details of the easement shall be
coordinated with the Development Services Division.
E. Physical Features:
1. Canals/Ditches Irrigation: There is a ditch that runs through this site that has been piped.
2. Hazards: Staff is not aware of any hazards that exist on this site.
3. Flood Plain: This site is not within a flood plain.
VII. COMPREHENSIVE PLAN
This property is designated Mixed Use - Community (MU-C) with a Neighborhood Center (N.C.)
overlay on the Comprehensive Plan Future Land Use Map (FLUM).
The purpose of MU-C designated areas is to allocate areas where community-serving uses and
dwellings are seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses,
including residential, and to avoid mainly single-use and strip commercial type buildings. All
developments should have a mix of at least three land use types. Residential uses should comprise a
minimum of 20% of the development area at densities ranging from 6 to 15 dwelling units per acre
(d.u./acre). Non-residential buildings should be proportional to and blend in with adjacent residential
buildings. See Comprehensive Plan for more information (pages 27-28).
In MU-C designated areas where there is a N.C. overlay, the City seeks a centralized, pedestrian-
oriented, identifiable and day-to-day, service-oriented focal point for neighborhood scale
development. Like other designations, the N.C. areas shown on the FLUM are conceptual only and
intended to identify a maximum walking distance from the core of the neighborhood center of ¼ mile.
Neighborhood center developments are encouraged to be designed according to the conceptual
neighborhood center plan depicted in Figure 3-4 in the Comprehensive Plan. See pgs. 28-29 in the
Comprehensive Plan for more information.
The proposed multi-family development consists of 34 residential dwelling units on 2.71 acres of land
at a gross density of 12.55 dwelling units per acre consistent with the density desired in MU-C
designated areas. This development along with the first phase of the multi-family development in
process to the east, the townhomes to the west and the homes on 1-acre lots to the south provide a
variety of housing types and rental/purchase options in this area. Commercial uses (i.e. a coffee shop,
veterinary clinic, self-service storage facility, etc.) exist to the west at the N. Saguaro Hills Ave./E.
Chinden Blvd. intersection, which provide services to area residents. Although offices would be a
desirable land use type in this area to contribute to the mix of uses desired in MU-C designated areas,
the lack of access to a collector or arterial street combined with the berm that exists along Chinden
Blvd. which limits visibility of the site would be difficult to sustain an office or other commercial
development. Although the MU-C area is predominately residential and is not designed as a
neighborhood center, there is a mix of 3 different land use types provided in the overall area.
Therefore, staff is in support of the applicant’s request.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed use (staff analysis in italics):
Westborough Square – MCU, RZ H-2015-0036 PAGE 4
“Provide for a wide diversity of housing types (single-family, modular, mobile homes and
multi-family arrangements) and choices between ownership and rental dwelling units for all
income groups in a variety of locations suitable for residential development.” (3.07.03B, pg. 56)
The development of apartments on this site will provide for various rental options (2 or 3
bedroom units) for a variety of income groups.
“Require new urban density subdivisions which abut or are proximal to existing low density
residential land uses to provide landscaped screening or transitional densities with larger, more
comparable lot sizes to buffer the interface between urban level densities and rural residential
densities.” (3.05.02F)
A 1-acre low density residential property abuts the southern boundary of the site. The site plan
depicts (2) 36-foot wide 3-plex structures separated by common area with associated parking
along that boundary which provides a transition in density. The applicant also proposes to
restrict the end units on the south side of these structures to a single story in height. A 6-foot tall
solid vinyl fence exists along the south boundary and a few trees are also proposed adjacent to
the parking area which will assist in screening and buffering the multi-family development.
“Permit new development only where urban services can be reasonably provided at the time
of final approval and development is contiguous to the City.” (3.01.01F, pg. 45)
City services are available to be extended to this site with development.
“Require appropriate landscaping and buffers along transportation corridor (setback,
vegetation, low walls, berms, etc.)
A 35-foot wide landscaped street buffer with a berm and wall exists along E. Chinden Blvd, a
state highway and entryway corridor, in accord with UDC 11-3H-4D.
“Protect existing residential properties from incompatible land use development on adjacent
parcels.” (3.06.01F, pg. 53)
This site is surrounded by different types of residential uses (i.e. townhomes, multi-family and
single-family detached homes). Because the proposed use is residential, staff finds it should be
compatible with existing adjacent residential properties.
“Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D)
The only access proposed for this site is via E. Everest St./N. Jericho Road, both local streets, at
the southwest corner of this site; direct access to E. Chinden Blvd. is prohibited.
“Locate high-density development, where possible, near open space corridors or other
permanent major open space and park facilities, Old Town, and near major access thoroughfares.”
(3.07.02, pg. 55)
The proposed development is located near a major access thoroughfare (E. Chinden Blvd.); a
multi-use pathway exists within the street buffer along E. Chinden Blvd. for recreational use.
VIII. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of Zone(s):
Purpose Statement of the Residential Districts: The purpose of the residential districts is to
provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan.
Residential districts are distinguished by the allowable density of dwelling units per acre and
corresponding housing types that can be accommodated within the density range.
B. Schedule of Use: UDC Table 11-2A-7 lists the principal permitted (P), accessory (A), conditional
Westborough Square – MCU, RZ H-2015-0036 PAGE 5
(C), and prohibited (-) uses in the R-15 zoning district. Any use not explicitly listed, or listed as a
prohibited use is prohibited. The proposed multi-family development is listed as a conditional
use in the R-15 zoning district. The specific use standards listed in UDC 11-4-3-27 for multi-
family developments apply to development of this site.
C. Dimensional Standards: Development of the site shall comply with the dimensional standards
listed in UDC 11-2A-7 for the R-15 zoning district.
D. Landscape Standards:
1. Street buffer landscaping shall be installed in accordance with the standards listed in UDC
Table11-2A-7 and UDC 11-3B-7C. Street buffer landscaping already exists in accord with
UDC standards along Chinden Blvd.; a street buffer isn’t required along E. Everest St. or N.
Jericho Rd., both local streets.
2. Parking lot landscaping: All parking lot landscaping shall comply with the standards listed in
UDC 11-3B-8C.
3. The multi-use pathway shall comply with the standards listed in UDC 11-3A-8 and 11-3B-
12C. The multi-use pathway already exists within the street buffer along E. Chinden Blvd. in
accord with UDC standards.
4. Common open space and site amenities are required to be provided on the site in accord with
the requirements listed in 11-4-3-27C and 11-4-3-27D.
IX. ANALYSIS
Analysis of Facts Leading to Staff Recommendation:
CONDITIONAL USE PERMIT MODIFICATION: The applicant requests a modification to the CUP/PD
(CUP-05-027) approved in 2005 to change the use of the property from office to multi-family
residential and update the site plan accordingly for phase 2 of the development.
The conceptual site plan included in Exhibit A.2 approved with the CUP/PUD shows how the site
was previously approved to develop with 6 office buildings; the remainder of the site was approved to
develop with multi-family residential uses which are currently under construction. A new site plan is
proposed which depicts seven (7) 4-plex and two (2) 3-plex multi-family structures with a total of 34
residential units and associated common area (see Exhibit A.3).
Specific Use Standards: The specific use standards for multi-family developments listed in UDC 11-
4-3-27 apply to development of this site as follows:
A minimum of 80 square feet (s.f.) of private useable open space is required to be provided
for each unit. Floor plans were submitted for the ground floor units that depict 110 s.f. patios
for each unit, in compliance with this requirement.
Development with 20 units or more are required to provide a property management office,
maintenance storage area, central mailbox location (including provisions for parcel mail) that
provides safe pedestrian and/or vehicular access, and a directory and map of the development
at an entrance or convenient location for those entering the development. A property
management office is not proposed on-site; the applicant states the office will be housed at
the CBH office located in Meridian. Due to size of the apartment complex, staff
recommends that the applicant construct an on-site property management office either as a
stand-alone building or convert one of the residential units to the office use in accord with
this UDC standard. The maintenance storage area is proposed to be located within one of
the garages. A central mailbox is proposed near the entry of the development. A directory
map of the development is required to be provided at the entrance to the development. The
Westborough Square – MCU, RZ H-2015-0036 PAGE 6
plans submitted with the Certificate of Zoning Compliance application should depict these
items.
At a minimum, 250 s.f. of outdoor common open space is required for each unit containing
more than 500 s.f. and up to 1,200 square feet of living area. All of the proposed units (34)
are within this square footage range. Therefore, a minimum of 8,500 square feet of common
open space is required in accord with the standards listed in UDC 11-4-3-27C. The
landscape plan proposes approximately 0.89 of an acre (or 38,841 s.f.) of qualified open
space for this phase consisting of 20’ x 40-100’ wide strips between buildings; and common
area that contains a play area, a horseshoe pit, community gardens, and a bocce ball court in
compliance with this requirement.
For multi-family developments between 20 and 75 units, three (3) amenities are required to
be provided with at least one from each category listed in UDC 11-4-3-27D.1. A total of 34
units are proposed, which requires a minimum of 3 amenities to be provided. The applicant
proposes a tot lot/play area, bocce ball court, and a horseshoe pit as recreation amenities; a
community garden as an open space amenity; and public art as a quality of life amenity in
compliance with this requirement. Benches are also proposed in several locations within the
development.
The architectural character of the structures shall comply with UDC 11-4-3-27E.
The proposed elevations include windows on all elevations and slightly offset walls which
provide articulation and variety; the windows will provide a view of common areas used for
children’s recreation. The main entrances are clearly delineated through the architectural
design of the building with weather protection over each entry; lighting and address
identification should be provided. Roofs are sloped, have a significant pitch and a variety of
roof planes when viewed from the street. Materials consist of horizontal and vertical
hardboard lap and board and batten siding with asphalt shingles and convey an impression
of permanence and durability. All roof and wall mounted mechanical, electrical,
communications, and service equipment should be screened from public view from the
adjacent public streets and properties by the use of walls, fences, enclosures or by other
suitable means.
The design of all structures on the site are subject to the design standards listed in UDC
11-3A-19 and the guidelines contained in the Meridian Design Manual (or any updated
version thereof) and will be reviewed with the Design Review application(s).The proposed
elevations are consistent with those under construction in Phase 1.
Landscaping is required to comply with UDC 11-4-3-27-F. All street facing elevations shall
have landscaping along their foundations as follows: the landscaped area shall be at least 3-
feet wide and have an evergreen shrub with a minimum mature height of 24 inches for every
3 linear feet of foundation. The remainder of the area shall be landscaped with ground cover
plans. Landscaping is depicted along the foundations of the 2 buildings that face the street;
details of the types of plantings proposed shall be included on the landscape plan submitted
with the Certificate of Zoning Compliance application.
The development is required to record legally binding documents that state the maintenance
and ownership responsibilities for the management of the development, including, but not
limited to, structures, parking, common areas, and other development features. The applicant
shall submit documentation of compliance with this requirement with submittal of the first
Certificate of Zoning Compliance application for this site.
Parking: The UDC requires off-street vehicle parking to be provided on the site in accord with the
standards listed in Table 11-3C-6 for multi-family developments. Based on these standards, 78
Westborough Square – MCU, RZ H-2015-0036 PAGE 7
parking spaces (34 of those covered) are required for the development. The site plan depict s 94
spaces, 78 of which are covered, which exceeds UDC standards. Therefore, the proposed site plan
complies with UDC standards for vehicle parking.
One bicycle parking space is required to be provided for every 25 proposed vehicle spaces or portion
thereof per UDC 11-3C-6G. Based on a total of 94 proposed parking spaces, a minimum of 4
bicycle parking spaces should be provided for the development. There is no bicycle parking
facilities depicted on the site plan. Bicycle parking in accord with this requirement should be
depicted on the site plan submitted with the Certificate of Zoning Compliance application for
the development.
Landscaping: A 35-foot wide street buffer already exists along E. Chinden Blvd with a 10-foot tall
berm and a wall as required by the DA and UDC Table 11-2A-7. Parking lot landscaping is required
to be provided in accord with UDC 11-3B-8C.
Multi-Use Pathway: A multi-use pathway exists within the street buffer along E. Chinden Blvd. in
accord with UDC 11-3H-4C.
Access: Access is proposed at the intersection of E. Everest Street and N. Jericho Road, both local
streets; no access is proposed via E. Chinden Blvd. (SH 20-26).
Fencing: There is an existing retaining wall along the north boundary of the site adjacent to E.
Chinden Blvd./SH 20-26. There is also an existing 6-foot tall solid vinyl fence along the southern
boundary of the site. No new fencing is depicted on the site plan.
Building Elevations: Conceptual building elevations for five different types of multi-family
structures were submitted with this application as shown in Exhibit A.5. All of the structures are 2
stories in height except for the two end units in the two southern structures that abut the low density
residential property which are proposed to be a single-story in height. Building materials consist of
horizontal and vertical hardboard lap and board and batten style siding with asphalt shingles. The
proposed elevations are consistent with those approved for construction in Phase 1.
Design Review (DES): An Administrative Design Review application is required to be submitted for
approval of all of the proposed structures (carports, apartment buildings and property management
office) and site design per UDC 11-5B-8. Development shall comply with the design standards listed
in UDC 11-3A-19 and the design guidelines listed in the Meridian Design Manual (or any updated
version thereof in effect at the time of application).
Certificate of Zoning Compliance (CZC): A CZC application is required to be submitted to ensure
that all construction and the establishment of the new use(s) complies with all of the provisions of the
UDC prior to application for building permits. For multi-family projects, one or multiple CZC’s can
be submitted. The design review and CZC application(s) may be submitted concurrently.
REZONE: A rezone is also requested of 3.32 acres of land from the L-O to the R-15 zoning district
consistent with the Comprehensive Plan as discussed above in Section VII.
The rezone of the property will allow for the development of multi-family residential uses on the site
as proposed on the site plan included in Exhibit A.3.
The legal description submitted with the application, included in Exhibit C, shows the boundaries of
the property proposed to be rezoned.
The City may require a development agreement (DA) in conjunction with a rezone pursuant to Idaho
Code section 67-6511A. There is already an existing DA for this sit that was approved as a provision
of annexation. To ensure the site develops consistent with the conceptual site plan proposed with
Westborough Square – MCU, RZ H-2015-0036 PAGE 8
this application, staff recommends the DA is modified to require future development to
substantially comply with the site plan in Exhibit A.3, prior to submittal of a Certificate of
Zoning Compliance and Design Review application.
X. EXHIBITS
A. Drawings
1. Vicinity/Zoning Map
2. Previously Approved Conceptual Site Plan
3. Proposed Site Plan (dated: 11/17/15)
4. Proposed Landscape Plan (dated: 11/23/15)
5. Proposed Building Elevations
6. Release of ACHD Drainage Easement
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Sanitary Service Company
6. Ada County Highway District
7. Parks Department
C. Legal Description and Exhibit Map for Rezone
D. Required Findings from Unified Development Code
Westborough Square – MCU, RZ H-2015-0036 PAGE 9
Exhibit A.1: Vicinity/Zoning Map
#1
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R-2
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R-4
R-8
R-2
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A v e
E Martello Ln
E Lockhart Ln
E Commander St
E Townline Way
E Golden Oak Ct
E T h r e e C o r ners Dr
E Cholla Hills St
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ZONED
R-2
WELL #26
SCHOOL CENTRAL
ACADEMY HIGH
SAGUARO
CANYON
NO 03
ARCADIA
HIGHTOWER
WESTBOROUGH
SQUARE
SUBDIVISION
RESERVE
SAGUARO
SPRINGS/MADELYNN
ESTATES
JERICHO
SUBDIVISION
WESTBOROUGH
SUBDIVISION
SCHOOL
RESERVE
SUBDIVSION
NO. 2
THREE
CORNERS SUB
NO. 02
THREE
CORNERS
NO.3
BULL
RANCH
Westborough Square – MCU, RZ H-2015-0036 PAGE 10
Exhibit A.2: Previously Approved Conceptual Site Plan
Westborough Square – MCU, RZ H-2015-0036 PAGE 11
Exhibit A.3: Proposed Site Plan (dated: 11/17/15)
Westborough Square – MCU, RZ H-2015-0036 PAGE 12
Westborough Square – MCU, RZ H-2015-0036 PAGE 13
Exhibit A.4: Proposed Landscape Plan (dated: 11/23/15)
Westborough Square – MCU, RZ H-2015-0036 PAGE 14
Westborough Square – MCU, RZ H-2015-0036 PAGE 15
Exhibit A.5: Proposed Building Elevations
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Westborough Square – MCU, RZ H-2015-0036 PAGE 17
Westborough Square – MCU, RZ H-2015-0036 PAGE 18
6. Release of ACHD Drainage Easement
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B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 To ensure the site develops consistent with the conceptual site plan proposed with this
application, the Development Agreement (recorded as Instrument No. 105152707) shall be
modified prior to submittal of a Certificate of Zoning Compliance and Design Review application
to require future development to substantially comply with the site plan and building elevations
included in Exhibits A.3 and A.5. The two (2) southern units on the two (2) 3-plex structures
along the south boundary of the site shall be restricted to a single -story in height as proposed by
the applicant for a transition to the residential home to the south.
1.2 The site/landscape plan shall be revised as follows:
a. Provide a minimum of 5 bicycle racks on the site (two buildings can share one).
b. Depict the location of the maintenance storage area; on-site property manager’s office;
central mailbox and directory map of the development at the entrance of the development on the
plan in accord with UDC 11-4-3-27B.7.
c. Depict details for the landscaping along the foundations of buildings that face the street (N.
Jericho and E. Everest St.) in accord with the standards listed in UDC 11-4-3-27-F.
1.3 The applicant shall record legally binding documents that state the maintenance and ownership
responsibilities for the management of the development, incl uding, but not limited to, structures,
parking, common areas, and other development features in accord with UDC 11-4-3-27G.
Documentation of compliance with this requirement shall be submitted with the first Certificate
of Zoning Compliance application for this site.
1.4 All roof and wall mounted mechanical, electrical, communications, and service equipment is
required to be screened from public view from the adjacent public streets and properties by the
use of walls, fences, enclosures or by other suitable means, per UDC 11-4-3-27E.7.
1.5 The applicant is required to obtain approval of a Certificate of Zoning Compliance application for
establishment of the new use and to ensure all site improvements comply with the provisions of
the UDC and the conditions in this report prior to application for building permits, in accord with
UDC 11-5B-1.
1.6 The applicant is required to submit an application for Design Review concurrent with the
Certificate of Zoning Compliance application in accord with UDC 11-5B-8. The site and building
design is required to be generally consistent with the elevations and site plan submitted with this
application, the conditions of approval noted herein, and comply with the design standards and
guidelines in effect at the time of submittal of the application.
1.7 Lighting and address identification shall be provided at each entrance per UDC 11-4-3-27E.2.
2. PUBLIC WORKS DEPARTMENT
2.1 Due to water quality and redundancy concerns, the applicant shall be required to grant an
easement for a future water main connection loop in Phase 1, to the east boundary of the overall
Westborough Square Subdivision. The location and details of the easement shall be coordinated
with the Development Services Division.
3. FIRE DEPARTMENT
3.1 The Fire Department has no concerns related to this application.
Westborough Square – MCU, RZ H-2015-0036 PAGE 23
4. POLICE DEPARTMENT
4.1 The Police Department has no concerns related to this application.
5. REPUBLIC SERVICES
5.1 Republic Services has no concerns related to this application.
6. ADA COUNTY HIGHWAY DISTRICT
ACHD has reviewed the submitted application and has determined that there are no improvements
required to the adjacent street.
The applicant shall be required to:
1. Pay a traffic impact fee. A traffic impact fee will be due prior to the issuance of a building
permit by the lead agency.
2. Comply with all ACHD Policies and ACHD Standard Conditions of Approval for any
improvements or work in the right-of-way.
3. Obtain a permit for any work in the right-of-way prior to the construction, repair, or
installation of any roadway improvements ( curb, gutter, sidewalk, pavement widening,
driveways, culverts, etc.).
7. PARKS DEPARTMENT
7.1 The Parks Department had no comments on this application.
Westborough Square – MCU, RZ H-2015-0036 PAGE 24
C. Legal Description and Exhibit Map for Rezone
Westborough Square – MCU, RZ H-2015-0036 PAGE 25
Westborough Square – MCU, RZ H-2015-0036 PAGE 26
D. Required Findings from Unified Development Code
1. Conditional Use Permit (UDC 11-5B-6E)
The Commission shall base its determination on the Conditional Use Permit request upon
the following:
a. That the site is large enough to accommodate the proposed use and meet all the
dimensional and development regulations in the district in which the use is located.
Staff finds that the subject property is large enough to accommodate the future use and the
dimensional & development regulations of the applicable districts (see Analysis Section IX
for more information).
b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and
in accord with the requirements of this Title.
Staff finds that the planned use of the property is consistent and harmonious with the UDC
and Comprehensive Plan.
c. That the design, construction, operation and maintenance will be compatible with other
uses in the general neighborhood and with the existing or intended character of the
general vicinity and that such use will not adversely change the essential character of
the same area.
Staff finds that if the applicant complies with the conditions outlined in this report, the
existing and future development should be compatible with other residential uses in the area
and should not adversely change the character of the area.
d. That the proposed use, if it complies with all conditions of the approval imposed, will
not adversely affect other property in the vicinity.
Staff finds that if the applicant complies with the conditions outlined in this report, the future
use on the site will not adversely affect other property in the area.
e. That the proposed use will be served adequately by essential public facilities and
services such as highways, streets, schools, parks, police and fire protection, drainage
structures, refuse disposal, water, and sewer.
Staff finds that sanitary sewer, domestic water, refuse disposal, and irrigation are currently
provided to the subject property. Staff finds that the proposed use will be served adequately
by all of the public facilities and services listed above.
f. That the proposed use will not create excessive additional costs for public facilities and
services and will not be detrimental to the economic welfare of the community.
The applicant will be financing any improvements required for development. Staff finds there
will not be excessive additional requirements at public cost and nor will they be detrimental
to the community’s economic welfare.
g. That the proposed use will not involve activities or 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.
Staff finds the proposed use of the site as a multi-family development will not be detrimental
to any persons, property or the general welfare of the area.
Westborough Square – MCU, RZ H-2015-0036 PAGE 8
h. That the proposed use will not result in the destruction, loss or damage of a natural,
scenic or historic feature considered to be of major importance.
Staff finds that there should not be any health, safety or environmental problems associated
with the proposed use. Further, staff finds that the proposed use will not result in the
destruction, loss or damage of any natural, scenic or historic feature of major importance.
2. REZONE:
Upon recommendation from the Commission, the Council shall make a full investigation and
shall, at the public hearing, review the application. In order to grant an annexation and/or rezone,
the Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
Staff finds the proposed rezone to the R-15 zoning district is consistent with the MU-C future
land use map designation for this property as discussed in Section VII.
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
Staff finds that the proposed R-15 zoning district and proposed multi-family residential use of
the property is consistent with the purpose statement of the residential district in that it adds
to the range of housing opportunities available within the City.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
Staff finds that the proposed zoning amendment will not be detrimental to the public health,
safety, or welfare. However, Staff recommends that the Commission and Council consider
any oral or written testimony that may be provided when determining this finding.
d. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the City including, but not
limited to, school districts; and,
Staff finds that the proposed zoning amendment will not result in any adverse impact upon
the delivery of services by any political subdivision providing services to this site.
e. The annexation is in the best of interest of the City (UDC 11-5B-3.E).
Because this application is for a rezone, this finding is not applicable.