Westborough Square AZ
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of Annexation and Zoning of 29.18 Acres from RUT and R6 (Ada County) to
R-2 (Rural Low Density Residential), R-4 (Low Density Residential), R-15 (Medium High
Density Residential) and L-O (Limited Office District) AND Preliminary Plat Approval of
Seven (7) Buildable Lots and One (1) Common/Other Lot on 5.39 Acres AND Conditional
Use Permit Approval for a Planned Development Consisting of Forty (40) Multi-Family
Dwelling Units and Six (6) Professional Office Buildings with Reduced Lot Frontages and
Multiple Buildings on a Single Lot on 5.39 Acres for Westborough Square Subdivision, by
JLJ Enterprises, Inc.
Case No(s): AZ-05-018, PP-05-020, CUP-05-027
For the City Council Hearing Date of: July 26, 2005
A. Findings of Fact
1. Hearing Facts
a. A notice of a public hearing was published for two (2) consecutive weeks prior to
the City Council public hearing, the first publication appearing and written notice
mailed to property owners or purchasers of record within three hundred feet (300')
of the external boundaries of the property. The notice of public hearing before the
City Council was posted upon the property under consideration more than one week
before said hearing. All other noticing was done consistent with Idaho Code §67-
6509.
b.
The matter was duly considered by the City Council at the July 26, 2005, public
hearing(s). The applicant, affected property owners, and government subdivisions
providing services within the planning jurisdiction of the City of Meridian were
given full opportunity to express comments and submit evidence.
Written and oral testimony was received on this matter, as reflected in the records
of the City Clerk (for written testimony) and in the official meeting minutes (for
oral testimony).
c.
The Planning and Zoning Commission conducted a public hearing and issued a
written recommendation on the subject matter to the City Council.
The City Council heard and took oral and written testimony and duly considered the
evidence and the record in this matter.
d.
2. Process Facts
a. There has been compliance with all notice and hearing requirements set forth in
Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-OS-O 18/ PP-OS-O20 / CUP-O5-027- PAGE 1 of 5
evidenced by the Affidavit of Maihng, and the Affidavit of Publication and Proof of
Posting filed with the staff report.
3. Application and Property Facts
a. In addition to the application and property facts noted in the staff report and the
Planning & Zoning Recommendation for the subject application(s), it is hereby
verified that the property owner( s) of record at the time of issuance of these
findings are Stetson Properties, LP, GoldCreek Developers, LLC, Meridian Joint
School District, David Lieberman, Shaun and Dawn Luchini, Waldorf & Sons,
Brett Stigile, and Reed and Amber Kofoed.
4. Required Findings per Zoning and Subdivision Ordinance
a. See Exhibits G, H, and I for the findings required for these applications.
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land
Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67-
6503).
2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all
current zoning maps thereof. The City of Meridian has, by ordinance, established the
Impact Area and the Amended Comprehensive Plan ofthe City of Meridian, which was
adopted August 6, 2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code
§ 11-17-9.
4. Due consideration has been given to the comment(s) received fÌ'om the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning and Zoning Department, the Public Works Department and
any affected party requesting notice.
7. That this approval is subject to the Legal Descriptions in Exhibit A, the Preliminary
Plat dated July 15, 2005 as shown in Exhibit B, the Site Plan dated July 15, 2005 as
shown in Exhibit C, the Annexation and Zoning Comments as shown in Exhibit D, the
Preliminary Plat Site Specific and Standard Conditions as shown in Exhibit E, and the
CUP/PD Site Specific and Standard Conditions as shown in Exhibit F. The conditions
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-O5-018/ PP-O5-020 / CUP-O5-027- PAGE 2 of5
are concluded to be reasonable and the applicant shall meet such requirements as a
condition of approval of the application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary
Plat dated July 15, 2005 is hereby conditionally approved;
2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated July
15, 2005 is hereby conditionally approved; and,
3. The Site Specific and Standard Conditions are as shown in Exhibits E and F.
D. Notice of Applicable Time Limits
1. Notice of Eighteen (18) Month Conditional Use Permit Duration
Please take notice that the conditional use permit shall be valid for a maximum period
of eighteen (18) months unless otherwise approved by the council. During this time,
the permit holder must commence the use as permitted in accordance with the
conditions of approval, satisfy the requirements set forth in the conditions of approval,
acquire building permits and commence construction of permanent footings or
structures on or in the ground. In this context "structures" shall include sewer and
water lines, streets or building construction. The applicant has specified in the
application and to the commission and council a construction schedule and completion
date for the project. If the completion date specified for the project is exceeded, the
conditional use application shall become null and void. However, the applicant may
submit an application for a time extension on the project for city council review. The
application for time extension shall be submitted at least thirty (30) days prior to the
deadline for completion ofthe project. For projects requiring platting, the final plat
must be recorded within this eighteen (18) month period. For projects with multiple
phases, the eighteen (18) month deadline shall apply to the first phase. In the event that
the development is made in successive contiguous segments or multiple phases, such
phases shall be constructed within successive intervals of one year from the original
date of approval by the council. If the successive phases are not submitted within one
year intervals, the conditional approval ofthe future phases shall be null and void.
(MCC 11-17-4.B.)
2.
Notice of Twelve (12) Month Preliminary Plat Duration
Please take notice that after the date of approval of the preliminary plat, the owner or
developer shall have one year within which to file the request for approval of the final
plat. After approval of final plat, the owner or developer shall have one year to begin
construction of the public utilities and one year thereafter to complete construction of
those public facilities. (MCC 12-2-4.B & C.)
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-O5.018/ PP-O5-020 / CUP-OS-O27- PAGE 3 of 5
E.
Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed
with the City Clerk not more than twenty-eight (28) days after the final decision
concerning the matter at issue. A request for a regulatory takings analysis will toll the
time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body ofthe City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
Exhibits
F.
Exhibit A: Legal Descriptions (4 zones)
Exhibit B:
Exhibit C:
Approved Preliminary Plat (with conditions)
Approved Site Plan (with conditions)
Exhibit D: Annexation and Zoning Comments
Exhibit E:
Exhibit F:
Preliminary Plat Site Specific and Standard Conditions
CUP/PD Site Specific and Standard Conditions
Exhibit G: Zoning Amendment Findings
Exhibit H: Preliminary Plat Findings
Exhibit I:
CUP/PD Findings
By action ofthe City Council at its regular meeting held on the
¡::þr..¡.. ,2005.
16~ day of
COUNCIL MEMBER SHAUN WARDLE
VOTED ~
VOTED~
VOTEDÆ~
COUNCIL MEMBER CHRISTINE DONNELL
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
VOTED~
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-OS-OI8/ PP-O5-020 / CUP-OS-O27- PAGE 4 of5
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED
--
~
eerd
Attest:
-
and City Attorney.
~
Dated: ~ &, 05
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-Os-O18 / PP-Os-O20 / CUP-Os-O27- PAGE 5 of5
EXHIBIT A
Westborough Square Subdivision
AZ-05-018
Legal Descriptions
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WBSTBOROUGH SQUAIΠ(R-IS)
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Project ~o.:
^ parc,,! of hrnd 1""..'-"d in !he lIartb.::..... Yo of !lie nanheasr Y. orSe.;¡j<>n30. ToWililhip 4 Ncnb, R:uJge ~ EMt, -,Baise
Melidian, Ada Co\1I>t)', Idaho, m~J:elI ;in¡¡ Wcs-thO{OIlgb. Subdi...¡,io.., .e~oroed ~tP'ge 9884, 9~8S, wd 9885, 13o-ok &7,
tn~lr<UlX'lIt #103166998. II)I)R panklliuly dllSCnl>8d '" r"llows:
COM1'\oŒNCllIiC at the nanbusl Gl>lMrofq.¡dS~GI130. inarlcod by.. 3.5" bns.s uF. «>n=-reeNd#101052635;
Thence Konh 89'51'35" WeSt eoÍt!cidçnt wiIh 1hc1lOrtlllinc "rsaid IlOJtJJca.vt V. of1Jle ootthean Y. of S"clioIl30, a
dnb=< oflO09,56 i""t to th.'Ontt OF DECL\'NINC; .. .
Tbellee South 00"08.25" Wen, 247.14 fee'<;
Thence Sou1h22~47 '49" West, 142,01 keT;
TheDe.: Soulh 00'29' 5(,' ",¡in, 99.73 feet:
Thence North ß9"30'O4~' WeILl. 279,82 I'êCI !O the e...r~line ofJericm, Road.
Then<:' North 00'29'56" 'EUtcoineider,t with tho, .aid cenœrJin"_<>f:r~rie¡'o R;>ad, 476-24 IW1IIO .tbe ¡"oltli ~ cifsold
s.:c1ÍoI130;
Tb=e South 89'51'3,1" nut coJnciœm:wïth the 9aid nonh line ofSecd0ll30, ß di!llIInCe ,,032,19 f~<tto the POl!\ì
OP BEGINNING; ,
11Ie parcel'above d.se..'ibcd OOIlmU¡, 3.45 acre, more or Ie",
To~~ with and '\I~ect to eove""""!,,. "_19. and n:o"'ü,,;o,,, Dr record,
Tl:c bl>Jis "rb"amg¡. [or \he Ib.ove de$çripdOin Is ~onb 89'SI '35;' We't be""..." the 3,5"'blMse.p (e"rr,cr"'C{1,d
#10105263') marllÙlg the mttbeast comer of Section 30 and the 3,5" (,=5 Q ) (eamer 11><:01'<1 1/8953713) markJng tlM,
nanh X «>me. of ScctiDl130. bath in TDWtWnp 4 North, RaDge 1 £""1, Boile Moridian,.
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EXHIBIT MAP
- FOR
WESTBOROUGH SQUARE
ZONE L- 0
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T4N., R.1E.. 8.M:, ADA COUNTY. IDAiIO
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EXHIBIT B
Westborough Square Subdivision
PP-05-020
Approved Preliminary Plat
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EXHIBIT C
Westborough Square Subdivision
CUP-05-027
Approved Site Plan
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WESTBORQUGH
SUBDIVISION
MariM" idaho
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EXHIBIT D
Westborough Square Subdivision
AZ-05-018
Annexation and Zoning Comments
ANEXA TION & ZONING FACTS AND COMMENTS
1. The subject property is within the Urban Services Planning Area. The legal
description submitted with the application shows the property as contiguous to the
existing corporate boundary of the City of Meridian. The Public Works
Department has confirmed that the submitted legal description meets the
requirements of the City of Meridian and the Idaho State Tax Commission.
2.
Prior to the annexation and zonin2 ordinance approval, a Development
A2reement (DA) shall be entered into between the City of Meridian,
property owner (at the time of annexation ordinance adoption), and the
developer. The applicant shall contact the City Attornev, Bill Nary, at 888-
4433 to initiate this process. The DA shall incorporate the following:
. That the applicant aerees to construct a 10-foot tall berm/fence or
berm/wall combination alone Chinden Boulevard. The heieht of the
berm/fence/ wall shall be measured from the centerline elevation of
Chinden Boulevard. The heieht of the wall or fence mav not exceed 6-
feet in heieht (measured from the top of the berm). The slope of the
berm mav not exceed a 3:1 ratio. The reQuired sidewalk alone Chinden
Boulevard shall be constructed on the north side of the berm/buffer.
2.
3.
EXHIBIT E
Westborough Square Subdivision
PP-05-020
Preliminary Plat Site Specific and Standard Conditions
SITE SPECIFIC CONDITIONS (PREL~MINAR~
I. The preliminary plat prepared by The Land Group, Inc., labeled sheet PP-l, dated
7-15-05, is approved with the changes listed herein. All conditions ofthe
accompanying Annexation/Zoning (AZ-05-018) and Conditional Use Permit
(CUP-05-027) application shall also be considered conditions of the Preliminary
Plat (PP-05-020).
The submitted landscape plan prepared by The Land Group, Inc., dated 7-15-05 is
approved with the other changes noted in the conditions below:
.
Construct ettfief a 35-foot wide landscape buffer OR a 40 foot wide landscapo
ètHfef along Chinden Boulevard (includinl! t~ the sidewalk), If-tfte
sidc';;allc for Chindefl Boule';ai'd is oonstrue-ted within the right of way, the buffer
shall be 35 feet. The width of the landscape buffer shall be 10 f.cet if the sidewalk
is ooRstrnoted within the landscape buffer easement/lot. In accordance with MCC
12-13-10, install 1 tree within said buffer for every 35 feet of ffontage on the
Chinden Boulevard right-of-way.
Construct a minimum ten-foot wide landscape buffer along Jericho Road (buffer
width shall not include sidewalk width). In accordance with MCC 12-13-10,
install 1 tree within said buffer for every 35 feet offfontage on Jericho Road.
Construct 20-foot wide landscape buffers along the south and east property lines,
and between the multi-family use and the office use. Said buffers shall contain
materials in accordance with MCC 12-13-12-3 and fiet may include impervious
surfaces such as parking areas, I!aral!es and/or patios.
The applicant shall work with the City Arborist, Elroy Huff, on designing,
adopting, and implementing a protection/mitigation plan for the existing trees on
site.
Construct a 10-foot tall berm/fence or a berm/wall combination alonl!
Chinden Boulevard. The heil!ht of the berm/fence/wall shall be measured
from the centerline elevation of Chinden Boulevard. The heil!ht of the wall or
fence may not exceed 6-feet in heil!ht (measured from the top of the berm).
The slope of the berm may not exceed a 3:1 ratio. The applicant shall be
required to construct a minimum five-foot wide detached sidewalk along Chinden
Boulevard. Said sidewalk shall be on the north (street) side of the reQuired
berm alonl! Chinden Boulevard.
.
.
.
.
Prior to signature of the final plat by the City Engineer, provide a cross
parking/cross access agreement for all of the new lots within the subdivision to
utilize the drive aisles and parking areas (including sidewalks). Maintenance of
the drive aisles and parking areas should be provided for in a note on the face of
the final plat, AND/OR in a document such as CCRs. Vehicular access to this site
shall be restricted to those approved by ACHD, ITD and the City. A note shall be
placed on the face of the final plat prohibiting vehicular access to this site ffom
Chinden Boulevard.
4.
All irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or lying adjacent and contiguous to the area being
subdivided shall be tiled per MCC 12-4-13. Plans will need to be approved by the
appropriate irrigation/drainage district, or lateral users association (ditch owners),
with written approval or non-approval submitted to the Public Works Department.
If lateral users association approval can't be obtained, plans will be reviewed and
approved by the Meridian City Engineer prior to final plat signature.
5.
Construct a six-foot tall solid fence along the south and east property lines
(adjacent to the existing residences, school and church), as proposed. A detailed
fencing plan shall be submitted upon application of the final plat. If pennanent
fencing is not provided around the entire perimeter, temporary construction
fencing to contain debris must be installed around the perimeter prior to issuance
of building permits. All solid fences shall taper down to 3-feet maximum within
20 feet of all right-of-way. All fencing shall be installed in accordance with MCC
12-4-10.
6.
The applicant has not indicated who will own and operate the pressurized
irrigation system within this development. Underground year-round pressurized
irrigation must be provided to all lots within this development. The City of
Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water. If the pressurized irrigation system within this development is to
remain a private association system, complete plans and specifications shall be
reviewed by the Public Works Department as part of the development plan review
process. A draft copy of the pressurized irrigation system O&M manual shall be
submitted prior to plan approval. The applicant shall be required to utilize any
existing surface or well water for the primary source. If a surface or well source
is not available, a single-point connection to the culinary water system shall be
required. If a single-point connection is used, the developer shall be responsible
for the payment of assessments for the common areas prior to signature on the
final plat by the City Engineer.
7.
Maintenance of all common areas, including but not limited to: drive aisles,
parking areas, landscaping, etc., shall be the responsibility of the Westborough
Square Owners' Association.
8.
Westborough subdivision has designed and installed a private sewer lift station as
part of an earlier phase. When public works reviewed and accepted the plans for
this lift station, staff was approving it for only the five lots for which it was
proposed and five commercial lots. With the added multiple family dwelling
2.
3.
4.
units engineering staff has some reservations on the ability of this lift-station to
service the proposed extra volume of effluent.
The applicant shall install a flow monitor to measure the true amount of flow that
is being generated by this development. Thereby enabling engineering staff to
determine how many lots of this may be developed until gravity sewer becomes
available. The applicant shall be responsible to construct all required sewer mains
to service this project, main sizing and routing to be coordinated with Public
Works.
9.
Water service to this site is being proposed via an extension of water mains
located Jericho road. A water connection to Locust Grove road may be required
to achieve adequate fire flow for the proposed development. The applicant shall
construct water mains to and through this proposed development. Applicant shall
execute City of Meridian standard forms of easements, for any mains that are
required to provide service. Coordinate main size and routing with Public Works.
10.
Water service to this site is being proposed via an extension of water mains
located in Jericho road. A water connection to Locust Grove road may be
required to achieve adequate fire flow for the proposed development. The
applicant shall construct water mains to and through this proposed development,
coordinate main sizing and routing with Public Works department. Applicant
shall execute City of Meridian standard forms of easements, for any mains that
are required to provide service.
11.
The preliminary plat depicts three seepage beds being installed within 20-feet of a
proposed building. Per DEQ regulations there shall be a minimum 20-foot of
separation between an underground storm drainage facility and any building. The
applicant shall make the necessary adjustments to comply.
12.
All sewer and water mains not in the ACHD right-of-way must be centered in a
20-foot wide utility easement.
GENERAL CONDITIONS (PRELIMINARY PLAT)
1. All grading of the site shall be performed in conformance with MCC 11-12- 3H.
Sidewalks shall be installed within the subdivision and on the perimeter of the
subdivision pursuant to MCC 12-13-10-8.
A letter of credit or cash surety in the amount of 110% will be required for all
fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to
signature on the final plat.
Street signs are to be in place, water system shall be approved and activated,
fencing installed, drainage lots constructed, road base approved by the Ada
County Highway District and the Final Plat for this subdivision shall be recorded,
prior to applying for building permits.
5.
All development improvements, including but not limited to sewer, fencing,
micro-paths, pressurized irrigation and landscaping shall be installed and
approved prior to obtaining certificates of occupancy.
6.
It shall be the responsibility of the applicant to ensure that all development
features comply with the Americans with Disabilities Act and the Fair Housing
Act.
7.
Applicant shall be responsible for application and compliance with and NPDES
Permitting that may be required by the Environmental Protection Agency.
8.
Applicant shall be responsible for application and compliance with any Section
404 Permitting that may be required by the Army Corps of Engineers.
9.
A detailed landscape and fencing plan, in compliance with the landscape and
subdivision ordinance and as noted in this report, shall be submitted for the
subdivision with the final plat application.
10.
Coordinate fire hydrant placement with the City of Meridian Public Works
Department.
11.
Two-hundred-fiftyand one-hundred-watt, high-pressure sodium streetlights will
be required at locations designated by the Public Works Department. All
streetlights shall be installed at subdivider's expense. Typical locations are at
street intersections and/or fire hydrants. Final design locations and quantity are
determined after power designs are completed by Idaho Power Company. The
street light contractor shall obtain design and permit from the Public Works
Department prior commencing installations.
12.
Submit any up-dated groundwater/soils monitoring data, as collected and
analyzed by a soils scientist, to the Public Works Department for review. Any
drainage areas (detention/retention basins) must be designed to ensure that water
will percolate or discharge with a period of time not to exceed 24-hours for all
storms up to and including a 100-year storm events. Side slopes within drainage
areas shall not exceed 3: I. Any portion of a drainage area not improved with
sod/grass seed (or other approved landscaping) shall not count towards the
required open space area. The project engineer should pay close attention to the
results of field studies determining the groundwater, soil type & and
characteristics during the design and construction phases. The engineer shall be
required to certify that the street centerline elevations are set a minimum of 3-feet
above the highest established normal groundwater elevation. This is to ensure
that the bottom elevation of the crawl spaces of homes is at least I-foot above
groundwater.
13.
14.
15.
16.
17.
18.
19.
The applicant shall coordinate mailbox locations with the Meridian Post Office.
Any existing domestic wells and/or septic systems within this project will have to
be removed ffom their domestic service per City Ordinance Section 9-1-4 and
9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation.
Compaction test results must be submitted to the Meridian Building Department
for all building pads receiving engineered backfill, where footing would sit atop
fill material.
Applicant's engineer will be required to submit a signed, stamped statement
certifying that all street finish centerline elevations are set a minimum of three
feet above the highest established normal groundwater elevation.
The applicant shall be required to pay Public Works development plan review,
and construction inspection fees, as determined during the plan review process,
prior to signature on the final plat per Resolution 02-374.
Staff's failure to cite specific ordinance provisions or terms of the approved
annexation/conditional use does not relieve the applicant of responsibility for
compliance.
Preliminary plat approval shall be subject to the expiration provisions set forth in
MCC 12-2-4.
OTHER AGENCY/DEPARTMENT COMMENTS & CONDITIONS
MERIDIAN PARKS DEPARTMENT
1. Minimum acreage standard for City Park: The City is willing to develop and
maintain Community Parks, Urban Parks, and Neighborhood Parks.
Neighborhood Parks will be reviewed on a case-by-case basis. The City may
choose to maintain neighborhood parks at an acreage of seven acres or larger. It
will be the responsibility of private homeowner groups or associations to develop
and maintain the smaller mini parks and some Neighborhood Parks in their
subdivision that the City does not maintain.
2. Standard for Mitigation of trees: The standard established in the City of Meridian
Landscape Ordinance (MCC 12-13-13-6) will be followed.
SANITARY SERVICES COMPANY
I. Please contact Bill Gregory at SSC (888-3999) for detailed review of your
proposal and submit stamped (approved) plans with your certificate of zoning
compliance application.
MERIDIAN FIRE DEPARTMENT
1. Acceptance of the water supply for fire protection will be by the Meridian Fire
Department and water quality by the Meridian Water Department for bacteria
testing.
2, Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot
aisle.
b. The Fire hydrant shall not face a street which does not have addresses on
it.
c. Fire hydrant markers shall be provided per Public Works spec.
d. Locations with fire hydrants shall have the curb painted red 10' to each
side of the hydrant location.
e. Fire Hydrants shall be placed on corners when spacing permits.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
g. Fire hydrants shall be place 18" above finish grade.
h. Fire hydrants shall be provided to meet the requirements of the IFC
Section 509.5.
3. All entrance and internal roads shall have a turning radius of 28' inside and 48'
outside radius.
4. Provide a 20' wide Fire Lane for all internal roadways all roadways shall be
marked in accordance with Appendix D Section DI03.6 Signs.
5. To increase emergency access to the site a minimum oftwo points of access will be
required for any portion of the project, which serves more than 50 homes. The two
entrances should be separated by no less than Y2 the diagonal measurement of the
full development.
6. Building setbacks shall be per the International Building Code for one and two
story construction.
7. Commercial and office occupancies will require a fire-flow consistent with the
International Fire Code to service the proposed project. Fire hydrants shall be
placed per Appendix D.
8. The proposed multi-family lot has an estimated 40 units. The Meridian Fire
Department has experienced 2612 responses in the year 2004. According to a report
completed by Fire & Emergency Services Consulting Group our requests for service
are projected to reach 2800 in the year 2005 and 3800 by the year 2010.
9. The 6 office/commercial lots lot will have an unknown transient population and will
have an unknown impact on Meridian Fire Department call volumes. The Meridian
Fire Department has experienced 2612 responses in the year 2004. According to a
report completed by Fire & Emergency Services Consulting Group our requests for
service are projected to reach 2800 in the year 2005 and 3800 by the year 2010.
10. The fire department requests that any future signalization installed as the result of
the development of this. project be equipped with Opticom Sensors to ensure a
safe and efficient response by fire and emergency medical service vehicles. This
cost of this installation is to be borne by the developer
11. Maintain a separation of5' from the building to the dumpster enclosure.
12. Provide a Knoxbox entry system for the complex prior to occupancy.
13. The first digit of the Apartment/Office Suite shall correspond to the floor level.
14. The applicant shall work with Planning Department staff to provide an address
identification plan including a pylon/monument sign at the required intersection(s).
15. The Fire Dept. has concerns about the ability to address the project and have the
addresses visible from the street which the project is addressed off of. Please
contact Joe Silva (888-1234) to address this concern prior to the public hearing.
16. All aspects of the building systems (including exiting systems), processes & storage
practices shall be required to comply with the International Fire Code.
17. The proposed location of the Meridian Fire Station meets the general requirements
of the Master Site Plan for fire station locations. The site appears to have met the
minimum lot dimensions required for a satellite fire station location.
18. All portions of the buildings located on this project must be within 150' of a paved
surface as measured around the perimeter of the building.
19. Provide exterior egress lighting as required by the International Building & Fire
Codes.
20. Where a portion of the facility or building hereafter constructed or moved into or
within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire
apparatus access road, as measured by an approved route around the exterior of the
facility or building, on-site fire hydrants and mains shall be provided where required
by the code official. For buildings equipped throughout with an approved automatic
sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the
distance requirement shall be 600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be
600 feet (183 m).
b. For buildings equipped throughout with an approved automatic sprinkler
system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the
distance requirement shall be 600 feet (183 m).
21. All R-2 occupancies with 6 or more units or with 3 floors shall be required to be fire
sprinklered. This may be required for the subject 4-plexes.
22. There shall be a fire hydrant within 100' of all fire department connections.
ADA COUNTY HIGHWAY DISTRICT
SITE SPECIFIC CONDITIONS OF APPROVAL
1. Dedicate 27-feet of right-of-way fÌ'om the centerline of Jericho Road abutting the
parcel by means of recordation of a final subdivision plat or execution of a
warranty deed prior to issuance of a building permit (or other required permits),
whichever occurs first. Allow up to 30 business days to process the right-of-way
dedication after receipt of all requested material. The owner will not be
compensated for this additional right-of-way because Jericho Road is classified as
a commercial roadway and is to be brought to adopted standards by the
developers of abutting properties.
2. Construct Jericho Road as one half of a 40-foot street section with vertical curb,
gutter and 5-foot concrete sidewalk.
3. Construct a 30-foot wide curb return type driveway that intersects Jericho Road
approximately 285-feet south of State Highway 20/26 (Chinden Boulevard), as
proposed. Pave the driveway its full width and at least 30-feet into the site
beyond the edge of pavement of Jericho Road and install pavement tapers with
15-foot radii abutting the existing roadway edge.
4. Comply with requirements ofITD for State Highway 20-26 (Chinden Boulevard)
ttontage. Submit to the District a letter fÌ'om ITD regarding said requirements
prior to District approval of the final plat or issuance of a building pennit (or
other required permits), whichever occurs first. Contact District III Traffic
Engineer Dan Coonce at 334-8340.
5. Comply with all Standard Conditions of Approval.
STANDARD CONDITIONS OF ApPROVAL
I. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street fÌ'ontages abutting the
site shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details,
4. Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator at
387-6258 (with file numbers) for details.
5. AU design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans,
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required
design changes.
7. Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
8. Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance #200, also known as Ada County Highway District
Road Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the
right-of-way. The applicant at no cost to ACHD shall repair existing utilities
damaged by the applicant. The applicant shall be required to call DIGLINE (1-
800-342-1585) at least two full business days prior to breaking ground within
ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authorized
representative and an authorized representative of the Ada County Highway
District. The burden shall be upon the applicant to obtain written confirmation of
any change ttom the Ada County Highway District.
II. Any change by the applicant in the planned use of the property which is the
subject ofthis application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force at
the time the applicant or its successors in interest advises the Highway District of
its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
CENTRAL DISTRICT HEALTH DEPARTMENT
I. This proposal can be approved for central sewage & central water after written
approval from appropriate entities is submitted.
2. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of
Environmental Quality.
3. Run-off is not to create a mosquito breeding problem.
4. Stormwater shall be pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
5. The Engineers and architects involved with the design ofthe subject project shall
obtain current best management practices for stormwater disposal and design a
stormwater management system that prevents groundwater and surface water
degradation.
SETTLERS IRRIGATION DISTRICT
I. All irrigation/drainage facilities along with their easements must be protected and
continue to function.
2. A Land Use Change Application must be on file prior to any approvals.
3. A license agreement MUST be signed and recorded prior to construction of any
S.I.D. facilities, or within its easements.
4. Any changes to the existing irrigation system such as relocation, tiling, and
landscaping must be approved by Settlers Irrigation District.
5. All storm drainage must be retained on site.
IDAHO TRANSPORTATION DEPARTMENT
1. We have reviewed the preliminary plan for the above referenced subdivision and
are pleased to see that all access is either from Locust Grove or Jericho Road and
no additional access will be required ttom US-20. At this time we do not have any
additional stipulation for the subdivision.
2. Noise abatement (berms, fences, etc.) will be the responsibility of the developer
and will be constructed off of the State Right of Way.
EXHIBIT F
Westborough Square Subdivision
CUP-05-027
CUP/PD Site Specific and Standard Conditions
SITE SPECIFIC CONDITIONS OF APPROVAL (CUP/PD)
1. The site plan prepared by The Land Group, Inc., labeled sheet SP-1, dated 7-15-
05, is approved with the changes listed herein. All conditions of the
accompanying Annexation and Zoning (AZ-05-018) application and Preliminary
Plat (PP-05-020) shall also be considered conditions ofthe Conditional Use
Permit (CUP-05-027) application.
2.
The project shall confonn to the L-O and R-15 dimensional standards, except as
follows:
.
Minimmn ttontage: O-feet
Multiple principal detached buildings may be constructed on a single lot.
.
No other variances, exceptions or reductions to the City adopted dimensional
standards or uses are approved with this CUPIPD application.
3.
As one amenity for the PD, provide a plaza space with benches, planters, tables
and trees and a more direct walkway ttom the plaza space to the multi-family
portion of the development. As the second amenity for the PD, provide a tot lot
within the multi-family portion of the development.
4.
Set aside at least 10% of the gross area of the multi-family portion of the
development as open space, as proposed. Provide at least 100 square-feet of
private useable open space for each dwelling unit.
5.
All building construction within Westborough Square Subdivision shall
substantially comply with the elevations on file with the Planning and Zoning
Department, prepared by McKibben & Cooper Architects. Construction materials
used on the structure should be approved by City of Meridian Building
Department and in accordance with the most recently adopted City of Meridian
Building Code.
6.
All parking stalls and drive aisle dimensions shall meet city ordinances, with
parking spaces being at least 9 feet by 19 feet adjacent to 25-foot wide drive
aisles.
7.
No signs are approved with this CUP application. All business signs require a
separate sign permit in compliance with the sign ordinance. All signage shall be in
accordance with the standards set forth in this report and Section 11-14 ofthe City
Zoning and Development Ordinance.
8.
No building or other structure shall be erected, moved, added to or structurally
altered, nor shall any building structure or land be established or change in use on
this site without first obtaining a Certificate of Zoning Compliance (CZC) from
the Meridian Planning and Zoning Department (MCC 11-19-1).
9.
All required improvements must be complete prior to obtaining a Certificate of
Occupancy for the proposed development. A temporary Certificate of Occupancy
may be obtained by providing surety to the City in the form of a letter of credit or
cash in the amount of 110% of the cost of the required improvements (including
paving, striping, landscaping, and irrigation). A bid must accompany any request
for temporary occupancy. Any temporary occupancy will not exceed 60 days to
complete the required improvements.
10.
If construction has not begun within 18 months of City Council approval, a new
conditional use permit must be obtained prior to the start of development.
11.
Outside lighting shall be designed and placed in such a manner as to eliminate
glare and illumination ofthe adjoining roadways and properties, in accordance
with City Ordinance Section 11-13-4.C.
12.
It is the applicant's responsibility to ensure that all construction conforms to the
requirements of the Americans with Disabilities Act.
13.
Comply with the conditions and comments of all City Departments, and other
agencies.
14.
Applicant's (or successor's) failure to comply with any of the terms of approval
of the conditional use permit shall be cause for revocation of the conditional use
permit.
OTHER AGENCYIDEPARTMENT COMMENTS & CONDITIONS
MERIDIAN PARKS DEPARTMENT
1. Minimum acreage standard for City Park: The City is willing to develop and
maintain Community Parks, Urban Parks, and Neighborhood Parks.
Neighborhood Parks will be reviewed on a case-by-case basis. The City may
choose to maintain neighborhood parks at an acreage of seven acres or larger. It
will be the responsibility of private homeowner groups or associations to develop
and maintain the smaller mini parks and some Neighborhood Parks in their
subdivision that the City does not maintain.
2. Standard for Mitigation of trees: The standard established in the City of Meridian
Landscape Ordinance (MCC 12-13-13-6) will be followed.
SANITARY SERVICES COMPANY
I. Please contact Bill Gregory at SSC (888-3999) for detailed review of your
proposal and submit stamped (approved) plans with your certificate of zoning
compliance application.
MERIDIAN FIRE DEPARTMENT
I. Acceptance of the water supply for fire protection will be by the Meridian Fire
Department and water quality by the Meridian Water Department for bacteria
testing.
2. Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot
aisle.
b. The Fire hydrant shall not face a street which does not have addresses on
it.
c. Fire hydrant markers shall be provided per Public Works spec.
d. Locations with fire hydrants shall have the curb painted red 10' to each
side ofthe hydrant location.
e. Fire Hydrants shall be placed on corners when spacing permits.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
g. Fire hydrants shall be place 18" above finish grade.
h. Fire hydrants shall be provided to meet the requirements of the IFC
Section 509.5.
3. All entrance and internal roads shall have a turning radius of 28' inside and 48'
outside radius.
4. Provide a 20' wide Fire Lane for all internal roadways all roadways shall be
marked in accordance with Appendix D Section DI03.6 Signs.
5. To increase emergency access to the site a minimum of two points of access will be
required for any portion of the project, which serves more than 50 homes. The two
entrances should be separated by no less than Y2 the diagonal measurement of the
full development.
6. Building setbacks shall be per the International Building Code for one and two
story construction.
7. Commercial and office occupancies will require a fire-flow consistent with the
International Fire Code to service the proposed project. Fire hydrants shall be
placed per Appendix D.
8. The proposed multi-family lot has an estimated 40 units. The Meridian Fire
Department has experienced 2612 responses in the year 2004. According to a report
completed by Fire & Emergency Services Consulting Group our requests for service
are projected to reach 2800 in the year 2005 and 3800 by the year 201 O.
9. The 6 office/commercial lots lot will have an unknown transient population and will
have an unknown impact on Meridian Fire Department call volumes. The Meridian
Fire Department has experienced 2612 responses in the year 2004. According to a
report completed by Fire & Emergency Services Consulting Group our requests for
service are projected to reach 2800 in the year 2005 and 3800 by the year 2010.
10. The fire department requests that any future signalization installed as the result of
the development of this project be equipped with Opticom Sensors to ensure a
safe and efficient response by fire and emergency medical service vehicles. This
cost of this installation is to be borne by the developer
11. Maintain a separation of 5' from the building to the dumpster enclosure.
12. Provide a Knoxbox entry system for the complex prior to occupancy.
13. The first digit ofthe ApartmenVOffice Suite shall correspond to the floor level.
14. The applicant shall work with Planning Department staff to provide an address
identification plan including a pylon/monument sign at the required intersection(s).
15. The Fire Dept. has concerns about the ability to address the project and have the
addresses visible from the street which the project is addressed off of. Please
contact Joe Silva (888-1234) to address this concern prior to the public hearing.
16. All aspects of the building systems (including exiting systems), processes & storage
practices shall be required to comply with the International Fire Code.
17. The proposed location of the Meridian Fire Station meets the general requirements
of the Master Site Plan for fire station locations. The site appears to have met the
minimum lot dimensions required for a satellite fire station location.
18. All portions of the buildings located on this project must be within 150' of a paved
surface as measured around the perimeter of the building.
19. Provide exterior egress lighting as required by the International Building & Fire
Codes.
20. Where a portion of the facility or building hereafter constructed or moved into or
within the jurisdiction is more than 400 feet (122 m) ttom a hydrant on a fire
apparatus access road, as measured by an approved route around the exterior of the
facility or building, on-site fire hydrants and mains shall be provided where required
by the code officiaL For buildings equipped throughout with an approved automatic
sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the
distance requirement shall be 600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be
600 feet (183 m).
b. For buildings equipped throughout with an approved automatic sprinkler
system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the
distance requirement shall be 600 feet (183 m).
21. All R-2 occupancies with 6 or more units or with 3 floors shall be required to be fire
sprinklered. This may be required for the subject 4-plexes.
22. There shall be a fire hydrant within 100' of all fire department connections.
ADA COUNTY HIGHWAY DISTRICT
SITE SPECIFIC CONDITIONS OF ApPROVAL
1. Dedicate 27-feet of right-of-way ttom the centerline of Jericho Road abutting the
parcel by means of recordation of a final subdivision plat or execution of a
warranty deed prior to issuance of a building permit (or other required permits),
whichever occurs first. Allow up to 30 business days to process the right-of-way
dedication after receipt of all requested material. The owner will not be
compensated for this additional right-of-way because Jericho Road is classified as
a commercial roadway and is to be brought to adopted standards by the
developers of abutting properties.
2. Construct Jericho Road as one half of a 40-foot street section with vertical curb,
gutter and 5-foot concrete sidewalk.
3. Construct a 30-foot wide curb return type driveway that intersects Jericho Road
approximately 285-feet south of State Highway 20/26 (Chinden Boulevard), as
proposed. Pave the driveway its full width and at least 30-feet into the site
beyond the edge of pavement of Jericho Road and install pavement tapers with
15-foot radii abutting the existing roadway edge.
4. Comply with requirements ofITD for State Highway 20-26 (Chinden Boulevard)
ttontage. Submit to the District a letter ttom ITD regarding said requirements
prior to District approval of the final plat or issuance of a building permit (or
other required permits), whichever occurs first. Contact District III Traffic
Engineer Dan Coonce at 334-8340.
5. Comply with all Standard Conditions of Approval.
STANDARD CONDITIONS OF ApPROVAL
I. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator at
387-6258 (with file numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans,
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required
design changes.
7. Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
8. Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance #200, also known as Ada County Highway District
Road Impact Fee Ordinance.
9. It is the responsibility ofthe applicant to verify all existing utilities within the
right-of-way. The applicant at no cost to ACHD shall repair existing utilities
damaged by the applicant. The applicant shall be required to call DIGLINE (1-
800-342-1585) at least two full business days prior to breaking ground within
ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authorized
representative and an authorized representative of the Ada County Highway
District. The burden shall be upon the applicant to obtain written confinnation of
any change ttom the Ada County Highway District.
11. Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force at
the time the applicant or its successors in interest advises the Highway District of
its intent to change the planned use ofthe subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
CENTRAL DISTRICT HEALTH DEPARTMENT
I. This proposal can be approved for central sewage & central water after written
approval ttom appropriate entities is submitted.
2. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of
Environmental Quality.
3. Run-off is not to create a mosquito breeding problem.
4. Stormwater shall be pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
5. The Engineers and architects involved with the design of the subject project shall
obtain current best management practices for stormwater disposal and design a
stormwater management system that prevents groundwater and surface water
degradation.
SETTLERS IRRIGATION DISTRICT
1. All irrigation/drainage facilities along with their easements must be protected and
continue to function.
2. A Land Use Change Application must be on file prior to any approvals.
3. A license agreement MUST be signed and recorded prior to construction of any
S.LD. facilities, or within its easements.
4. Any changes to the existing irrigation system such as relocation, tiling, and
landscaping must be approved by Settlers Irrigation District.
5. All storm drainage must be retained on site.
IDAHO TRANSPORTATION DEPARTMENT
1. We have reviewed the preliminary plan for the above referenced subdivision and
are pleased to see that all access is either ttom Locust Grove or Jericho Road and
no additional access will be required ttom US-20. At this time we do not have any
additional stipulation for the subdivision.
2. Noise abatement (berms, fences, etc.) will be the responsibility of the developer
and will be constructed off ofthe State Right of Way.
EXHIBIT G
Westborough Square Subdivision
AZ-05-018
Zoning Amendment Findings
According to Meridian City Code (MCC) 11-15-11, General Standards Applicable to
Zoning Amendments, both the Planning & Zoning Commission and Council are required
"to review the particular facts and circumstances of each proposed zoning amendment in
terms of the following standards and shall find adequate evidence answering the
following questions about the proposed zoning amendment."
The following is the list of standards found in 11-15-11 and analysis by City Council:
A.
Will the new zoning be harmonious with and in accordance with the
Comprehensive Plan and, if not, has there been an application for a
Comprehensive Plan amendment;
All 29 acres of the subject property are designated for medium density residential
use on the Comprehensive Plan Future Land Use Map. The purpose of this
designation is "to allow smaller lots for residential purposes within city limits.
Uses may include single-family homes at densities of three to eight dwelling units
per acre." (Page 93, Chapter VII, City of Meridian Comprehensive Plan).
The applicant is requesting three different zoning designations for four different
land uses on the subject property. The R-4 zone (Low Density) is requested for
the 17-acre school site. The Citv Council is supportive of this proposed R-4
zoning designation as schools are principallv permitted in the requested zone and
this zone is consistent with the Future Land Use Map.
The R-8 zone (Medium Density) is requested for the five, one-acre single-family
lots in Westborough Subdivision. While this designation is consistent with the
Future Land Use Map, it is not consistent with the existing land use. The R-8
zone is geared towards developments containing between four and eight dwelling
units per acre and the subject density is approximately one dwelling unit per acre.
The City Council finds that the Citv should zone this propertv to ~ R-2, as the
-R-4 R-2 zone would more accuratelv correspond to the use of the land as one-acre
residential lots.
The R-15 zone (Medium High Density) is requested for the six office lots and one
multi-family lot (6.62 acres total). The Comprehensive Plan does allow a one step
increase or decrease in residential areas without amending the Comprehensive
Plan. The R-15 district allows for medium-high density single-family attached
and multi-family dwellings at densities not exceeding 15 dwelling units per acre
(MCC 11-7-2.E). In addition to the multi-family, the applicant is requesting CUP
approval to construct office buildings within the proposed residential zone (see
CUP-05-027). The applicant states in the submittal letter that the neighborhood
center shown between Locust Grove Road and Meridian Road should "float" to
the east because there is not a collector roadway intersecting Chinden at the Yz
mile and the existing uses do not lend themselves to the neighborhood center
concept (see Applicant's letter). The applicant is also being taxed by the County
as if this property had commercial potential. Therefore, a more intense use than
medium density residential is appropriate here.
Although there is not currently a public street south of Chinden near the Yz mile
there is a public street on the north side of Chinden Boulevard in Spyglass
Subdivision. This public street is located at approximately the Yz mile. When the
properties to the south of Spyglass Subdivision develop/redevelop, the City
Council believes that a public collector road could be constructed at the Yz mile
(and possibly signalized when warrants are met). However, several developments
will utilize Jericho Road and the City Council believes this road will function
similar to a collector road for this area, thus making the subject site part of the
envisioned neighborhood center. Further, this property has ttontage on a highway,
which makes a higher intensity use for this property agreeable.
The City Council also recognizes that the location of the neighborhood center
designation on the Future Land Use Map is conceptual. Neighborhood Centers are
anticipated to have: short blocks, less than 300 feet; interconnected circulation
that is convenient for automobiles, pedestrians, and transit; a variety of housing
choices; housing that is arranged in a radiating pattern of lessening densities;
transition between different housing types or densities at alleys; gridded street
patterns; and, public open space. Further, the purpose of a neighborhood center is
to create a centralized, pedestrian oriented, identifiable and day-to-day service
oriented focal point for the neighborhood. The center should offer an internal
circulation system that connects with adjacent neighborhoods or regional
pathways, and they are anticipated to serve as public transit locations for park and
ride lots, bus stops, and other alternative modes of transportation (see Pages 95-
97, Chapter VII of the City of Meridian Comprehensive Plan).
The project does have some internal sidewalks and does propose one sidewalk to
the adjacent school site to the south. Except for the sidewalk along the entry
driveway, no other pedestrian connectivity is proposed between the multi-family
dwellings and the office portion of the development. The lack of accessibility
ttom the residential portion of the development to the proposed patio/plaza
amenity in the office portion of the development (on the corner of Chinden and
Jericho) turns what could have been an active amenity into a passive one that few
would use. In addition to the amenity not being accessible to the residences within
the project, this amenity has not been offered for use by the public either. Even if
the patio in the office portion of the development counts as one amenity, this
project is lacking a second amenity as defined by MCc. See Special
Consideration #2 in the Conditional Use Permit section of this report.
While the Comprehensive Plan Future Land Use Map does not explicitly support
a commercial zoning of this property, the City Council finds that there are several
Comprehensive Plan policies that support evaluating this site for a zone not
specifically envisioned by the Map (see below).
"The Meridian Comprehensive Plan is an official policy guide for
decisions concerning the physical development of the community. It
indicates, in a general way, how the community may develop in the next
five to ten years." (Chapter I, Section B of the Comprehensive Plan)
Furthermore, in Chapter VII, Section C, "Future Conditions" states the following:
"Figure VII-2 [The Comprehensive Land Use Map] depicts desired future
land use categories and their location within the Impact Area. The areas
depicted on the map are conceptual and, therefore, will require further
analysis prior to the creation of a zoning map."
Because the Comprehensive Plan is a guide when determining land uses, the City
Council believes that this is an instance to "float" the neighborhood center to this
site. There are five large one-acre lots to the south, a school to the southeast, a
church directly to the east, and the properties to the west have yet to develop. If
the non-residential aspect of the neighborhood center is moved away from the Y2
mile, no significant negative impacts are envisioned for the adjacent properties in
the mile between Locust Grove Road and Meridian Road. At the public hearing,
some of the I-acre property owners to the south testified that they would not be
agreeable to R-15 zoning/multi-family uses directly to their north.
The City Council believes that a step UP in zoning density to R-15 for multi-
family uses on the east side of this property is iustified. The City Council also
believes that non-residential uses (office) in an area planned for residential uses.
is approþriate in this instance (as a use exception for the development). To more
accurately correlate the use of the land to the zoning of the land. the City Council
believes that the City should zone the office/western portion of this property to L-
O. The City Council further finds that the R-15 and L-O zone and concurrent
development applications generally comply with a majority of the policies, goals,
objectives, and concepts contained within the Comprehensive Plan.
The Commission also finds the following 2002 Comprehensive Plan text policies
to be applicable to this application (analysis is in italics below policy):
.
"Require that development projects have planned for the provision of all
public services" (Chapter VII, Goal III, Objective A, Action items 1 and 4)
On May 13, 2005, a joint agency/department comments meeting was held with
representatives of key service providers to this property. In that meeting no
deficiencies of public services to serve this property were raised.
.
"Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended
Approach" ttom the National Center for Bicycling and Walking in all land use
decisions." (Chapter VI, Goal II, Obj. A, #3)
This publication encourages jurisdictions to establish bikeway and walkway
facilities in new construction and reconstruction projects, in a manner that is
sale, accessible and convenient.
.
"Restrict curb cuts and access points on collectors and arterial streets."
(Chapter VII, Goal IV, Objective D, Action item 2)
The applicant is only proposing one access point into the development from
Jericho Road, a local street. No access to Chinden Boulevard (SH 20-26) is
proposed. The City Council is supportive of the proposed access to the
property.
.
"Require appropriate landscape and buffers along transportation corridors
(setback, vegetation, low walls, benns, etc.)." (Chapter VII, Goal IV, Objective
D, Action item 4)
The applicant is proposing to construct a 35-foot wide landscape berm along
Chinden Boulevard and a 20-foot wide landscape berm along Jericho Road.
The City Council is supportive of these widths (see Preliminary Plat
conditions for further details).
. "Require new residential development to meet development standards
regarding landscaping, signage, fences and walls, etc." (Chapter VII, Goal I,
Objective C, Action item 4)
The applicant has not depicted appropriate landscape buffers between the
multi-family dwellings and the school site to the south (20-jeet required),
between the multi-family dwellings and the church to the east (20-leet
required), or between the proposed office and the multi-family dwellings (20-
feet required).
.
"Require useable open space to be incorporated into new residential
subdivision plats." (Chapter VII, Goal IV, Objective C, Action item 3)
Open space may be active or passive in its intended use, and must be
accessible by all residents of the subdivision (MCC 12-1316-3). The applicant
does state that 37% of the multi-familyloffice area (approximately 2 acres) is
planned for landscaping. The applicant should provide useable open space in
accordance with Meridian City Code.
.
"Require pedestrian access in all new development to link subdivisions
together and promote neighborhood connectivity." (Chapter VII, Goal IV,
Objective C, Action item 6)
The applicant is proposing a sidewalk connection to the south; no connection
to the east is proposed.
.
"Locate new community commercial areas on arterials or collectors near
residential areas in such a way as to complement with adjoining residential
areas." (Chapter VII, Goal I, Obj. B, #5)
The subject property has frontage on Chinden Boulevard, an arterial
roadway. The City Council believes that the proposed commercial office
complements the adjoining residential area.
.
"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." (Chapter VII, Goal V, Objective A, Action item
14)
There are currently no permanent major open space or park facilities near
this site. There is a charter school and associated open spaces with the school
use. This higher-density development is located adjacent to Chinden
Boulevard, a major thoroughfare.
.
"Actively involve Joint School District No.2 in subdivision site selection with
developer before plat processing (pre-platting schedule meetings)." (Chapter
VI, Goal VI, Objective B, Action item 1)
A 17-acre school site is included within the subject annexation application.
.
"Consider development applications that apply the neighborhood center
concept." (Chapter VII, Goal I, Objective B, Action item 1)
The subject applications generally apply the neighborhood center concept
outlined on pages 95 -97 of the Comprehensive Plan.
The applicant has listed some Comprehensive Plan policies that support the
annexation and proposed use of the property (see Applicant's letter dated
February 15, 2005).
For the reasons listed above. the City Council finds that annexinfJ and zoninJ!. as
well as the desifJn of the proposed plat and conditional use permit. are in general
conformance with the City of Meridian Comprehensive Plan.
B.
Is the area included in the zoning amendment intended to be rezoned in the
future;
If the concurrent preliminary plat and conditional use permit applications are
approved, the City Council does not believe that the applicant intends to rezone
the property in the future.
c.
Is the area included in the zoning amendment intended to be developed in the
fashion that would be allowed under the new zoning -for example, a
residential area turning into a commercial area by means of conditional use
permits;
The five existing single-family homes in Westborough Subdivision are allowed in
both the requested R-8 zone and R-4 zone without a CUP. The 17-acre school site
is allowed in the requested R-4 zone without a CUP. The City Council recognizes
that approximately 6 acres of the area included in the proposed zoning
amendment is intended to be developed in a fashion not allowed (principally
permitted) under the proposed zoning. Both the proposed office uses and multi-
family uses require conditional use permits in the requested R-15 zone (medium
high density). However, if the western portion of the 6 acres is zoned L-O, the
office area could be developed in a fashion allowed (principally permitted) under
the new zoning. The City does not currently have a zone that principally permits
apartments. Therefore, the eastern portion of the site, proposed for multi-family,
requires conditional use permit approval.
D.
Has there been a change in the area or adjacent areas which may dictate that
the area should be rezoned. For example, have the streets been widened, new
railroad access been developed or planned or adjacent area being developed
in a fashion similar to the proposed rezone area;
There have been no recent street improvements in the area. Chinden Boulevard is
not in the current STIP and Locust Grove Road is not currently scheduled within
ACHD's Five Year Work Program or Capital Improvements Plan (CIP) for
roadway widening.
Permanent sanitary sewer to this proposed development shall be provided via the
North Slough Trunk, which is currently under construction, however laterals that
will provide service will be through future phases of the Saguaro Canyon
Subdivision.
The City Council finds that a substantial portion of the land to the south has been
developed, or approved for development. However, the City has not approved any
multi-family and/or office uses in this area. Arcadia Subdivision, Tustin
Subdivision and Saguaro Canyon Subdivision, all contained single-family
dwelling units. The City Council believes that the proposed development will be
compatible with and is similar to the adjacent area.
E.
Will the proposed uses be designed, constructed, operated and maintained to
be harmonious and appropriate in appearance with the existing or intended
character of the general vicinity and that such use will not change the
essential character of the same area;
The City Council believes that this development will set the tone for how the rest
of the area along Chinden develops. The applicant has submitted elevations for
the proposed office and multi-family dwellings. The City Council is supportive of
the elevations for the multi-family and office buildings as they should be
harmonious with the existing and intended character of the area. The existing
character of the area will, and is, currently changing. However, the City Council
finds that if this site is developed as proposed, the zoning and subsequent uses
will be harmonious and appropriate to the intended character of the vicinity (see
Finding "A").
F.
Will the proposed uses not be hazardous or disturbing to existing or future
neighboring uses;
Due to other existing and proposed uses near the site, the City Council does not
anticipate that the zoning and proposed uses will be physically hazardous to future
or existing uses or neighbors in the area. The Council should rely on the analysis,
comments ttom other agencies, and public testimony to detenlline whether the
proposed use will be disturbing or hazardous to the existing neighboring uses and
future expected uses in this vicinity.
G.
Will the area be served adequately by essential public facilities and services
such as highways, streets, police and fire protection, drainage structures,
refuse disposal, water, sewer or that the person responsible for the
establishment of proposed zoning amendment shall be able to provide
adequately any of such services;
Sewer service for this development is being proposed via the existing "private lift
station" constructed for the five previously approved lots to the south. When
public works reviewed and accepted the plans for this lift station, Public Works
staff was approving it for only the five lots that were proposed at the time,
Arcadia to the west, and the five-acre commercial property to the north.
Engineering staff has reservations on the ability ofthis lift-station to service the
extra volume of sewage generated by the four-plexes that are now a part of this
development. In preliminary discussions the applicant and a staff engineer at the
City of Meridian have come to an agreement that the commercial portion of this
proposed development could be allowed with the stipulation that a flow meter be
installed to measure the true amount of sewage being "lifted". This would give
accurate information on influent flows to allow for a more informed opinion on
the sewerabilty of the remainder ofthe project.
Water mains are readily accessible to this site and service is being proposed via an
extension of water mains located in Jericho and Locust Grove. The applicant will
be required to construct water mains to and through this proposed development.
Coordinate size and routing with Public Works.
The applicant and/or future property owners will be required to pay park and
highway impact fees as well as construct on-site storm water drainage facilities.
This item was approved at the stafflevel at ACHD on May 10, 2005. The
applicant is being required to construct Jericho Road as one half of a 40 foot street
section. Please review any additional comments that may be sent fi.-om ACHD
between the print deadline and the hearing.
On May 13, 2005, a joint agency/department comments meeting was held with
representatives of key service providers to this property. Several comments were
received ttom multiple departments. The detailed comments and conditions ttom
the Fire Department, Police Department, and other agencies/departments are at
the end of this report. Based on the comments received ttom other
agencies/departments, the City Council finds that the public services listed above
can be made available to accommodate the proposed development.
H.
Will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of
the community;
If approved, the developer will be financing the extension of sewer, water, public
street inttastructure, utilities and irrigation services to serve the project. The
primary public costs to serve the future residents and tenants will be fire, police,
school facilities and services. The City Council finds there will not be excessive
additional requirements at public cost and this development will not be
detrimental to the economic welfare ofthe community.
I.
Will the proposed uses not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to any
persons, property or the general welfare by reason of excessive production of
traffic, noise, smoke, fumes, glare or odors;
The most recent traffic count for Chinden Boulevard, taken on January 30,2003,
was 15,301 ADT, west of Meridian Road. ACHD estimates that this development
will generate 529 additional vehicle trips per day. The City Council recognizes
that traffic and noise will increase with the approval of a development on this site;
however, the Council does not believe that the amount generated will be
detrimental to the general welfare of the public.
The purpose of the L-O zone is to "permit the establishment of groupings of
professional, research, executive, administrative, accounting, clerical,
J.
stenographic, public service and similar uses.. . shall not involve heavy testing
operations of any kind or product manufacturing of such a nature to create noise,
vibration or emissions of a nature offensive to the overall purpose of this
District." (MCCII-7-2.G) The purpose ofthe R-15 zone is to permit the
establishment of medium-high density single-family attached and multi-family
dwellings at a density not exceeding 15 dwelling units per acre. The City Council
does not anticipate that annexation and development in accordance with current
city code and the Comprehensive Plan will create excessive noise, smoke, fumes,
glare, or odors.
Will the area have vehicular approaches to the property which shall be so
designed as not to create an interference with traffic on surrounding public
streets;
The applicant is proposing to construct one entrance into the site ttom Jericho
Road. The proposed entrance is located approximately 285 feet south of Chinden
Boulevard, and meets ACHD's requirements for location. If the proposed access
and internal driveways are approved and constructed in accordance with ACHD
and the City's policies, the City Council does not believe that the development
will create interference with traffic on the surrounding public streets.
K.
Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance; and
The City Council finds that the proposed annexation and zoning should not result
in the loss or damage of any natural or scenic features, as long as any existing
trees are protected/mitigated. Any existing trees that the City Arborist deems
necessary for mitigation that are removed shall be mitigated for, per the
Landscape Ordinance (MCC 12-13-13). The City Council is not aware of any
natural or scenic feature(s) that would be lost, damaged or destroyed by allowing
this site to be annexed, zoned and developed.
L.
Is the proposed zoning amendment in the best interest of the City of
Meridian. (Ord. 592, 11-17-1992)?
In accordance with the findings listed above. the City Council finds that the
annexation/zoning of this property as proposed would not be in the best interest
of the City. However. the City Council finds that the City should annex and zone
the 17.02 acres to R-4 as requested: that the 5.53 acres proposed for R-8 zoning
that contain sin~le-familv homes on one-acre lots also be zoned to J?-4 R-2: and.
that the 6.62 acres proposed for R -15 zoninf! be zoned to zoned L-O for the
western portion containing office uses and R-15 for the eastern portion
containing multi-familv dwellinf!s. Consistent with the Comprehensive Plan and
the findings listed above. the City Council believes that the above-listed zones are
appropriate for this property and zoninf! the properties as amended would be in
the best interest of the City.
EXHIBIT H
Westborough Square Subdivision
PP-05-020
Preliminary Plat Findings
Meridian City Code (MCC) 12-3-31.2 and 12-3-5 D read as follows: "In determining the
acceptance of a proposed subdivision, the Commission/Council shall consider the
objectives ofthis title and at least the following:
A.
The conformance of the subdivision with the Comprehensive Development
Plan;
Please see Annexation and Zoning Analysis "A".
B.
The availability of public services to accommodate the proposed
development;
Please see Annexation and Zoning Analysis "G".
C.
The continuity of the proposed development with the capital improvement
program;
Because the developer will be required to install sewer, water, and utilities for the
development at their cost, the City Council finds that a development on this
property will not require the expenditure of capital improvement funds.
D.
The public financial capability of supporting services for the proposed
development;
See finding "G" under Annexation and Zoning Analysis, and the Agency
Comments and Conditions.
E.
The other health, safety or environmental problems that may be brought to
the Commission's attention.
The City Council finds that there should not be any health, safety or
environmental problems associated with this subdivision; no hazardous natural
features have been identified on the site. ACHD considers road safety issues in
their analysis.
EXHIBIT I
Westborough Square Subdivision
CUP-05-027
CUPIPD Findings
The Commission and Council shall review the particular facts and circumstances of each
proposed conditional use in terms of the following and may approve a conditional use
permit if they shall find evidence presented at the hearing(s) is adequate to establish (11-
17-3):
A.
That the site is large enough to accommodate the proposed use and all yards,
open spaces, parking, landscaping and other features as may be required by
this ordinance;
As part of the Planned Development (PD) the applicant is requesting reliefttom
the standard street ttontage requirement and to construct multiple structures on a
single lot.
The City Council finds that the subject property is large enough to accommodate
the requested uses and all other required features. Although the site is large
enough to accommodate all of the features required by ordinance, the applicant
has asked, through the Planned Development, to modify the specific development
standards listed above.
B.
That the proposed use and development plan will be harmonious with the
Meridian Comprehensive Plan and in accordance with the requirements of
this Ordinance;
Please see Annexation & Zoning Analysis "A".
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;
Please see Annexation & Zoning Analysis "E".
D.
That the proposed use, if it complies with all conditions of the approval
imposed, will not adversely affect other property in the vicinity;
Please see Annexation & Zoning Analysis "E" and "F".
E.
That the proposed use will be served adequately by essential public facilities
and services such as highways, street, police, and fire protection, drainage
structures, refuse disposal, water, sewer or that the person responsible for
the establishment of proposed conditional use shall be able to provide
adequately any such services;
Please see Annexation & Zoning Analysis "G" and "H", the Other
Agency/Department Comments and Conditions at the end of this report, and any
comments that may be submitted to the City Clerk regarding this project.
F.
That the proposed use will not create excessive additional requirements at
public cost for public facilities and services and will not be detrimental to the
economic welfare of the community;
Please see Annexation & Zoning Analysis "H".
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 general welfare by reason of excessive production of
traffic, noise, smoke, fumes, glare or odors;
Please see Annexation and Zoning Analysis "I".
H.
That the proposed use will have vehicular approaches to the property which
shall be so designed as not to create an interference with traffic on
surrounding public streets;
Please see Annexation & Zoning Analysis "1".
I.
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.
Please see Annexation & Zoning Analysis "K".