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Home My WebLink AboutWestborough Square Sub DA ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 16(13105 03:42 PM DEPUTY Neava Hanev RECORDED -REQUEST OF Meridian City AMOUNT .00 58 111111111I111111111111111111111111111 105152707 DEVELOPMENT AGREEMENT PARTIES: 1. 2. 3. 4. 5. City of Meridian Stetson Properties, LP, Owner Joint School District No.2, Owner City of Meridian, Owner and JLJ Enterprises, Inc., OwnerlDeveloper THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this '2-l-p~day of <:.. C::~rJ.fJ1 , 2005, by and between City of Meridian, a municipal corporation of the State 0 Idaho, hereafter called "CITY', and StetsonPrope11ies, LP, Joint School District No.2, and City of Meridian, hereinafter called "OWNERS" and JLJ Enterprises, Inc., hereinafter called "OWNER/DEVELOPER". 1. RECITALS: 1.1 WHEREAS, "OWNERS" and "OWNERJDEVELOPER" are the sole owners, in law and/or equity, of certain tract of land in the County of Ada, State ofIdaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set f011h in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. ~ 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the "OwnerlDeveloper" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, "Owner/Developer" has submitted an application for annexation and zoning of the "Property's" described in Exhibit A, and has requested a designation of (R -4) Low Density, (R -8) Medium Density, and R-15 (High Density) (Municipal Code of the City of Meridian); and 1.5 'VHEREAS, "Owner/Developer" made representations at the public hearings both before the Meridian Planning & Zoning Commission DEVELOPMENT AGREEMENT (AZ 05.018) WESTBOROUGH SQUARE SUBDIVISION) PAGE 1 OF 12 and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested almexation and zoning designation of the subj ect "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of govemment subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 16th day of August, 2005, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the Findings require the "Owners" and "Owner/Developer" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "OWNERS" and "OWNER/DEVELOPER" deems it to be in their best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Owners" and "OwnerlDeveloper" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for zoning designation from govemment subdivisions providing services within the plmming jurisdiction and from affected property owners and to ensure re-zoning designation is in accordm1ce with the amended Comprehensive Plal1 of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. DEVELOPMENT AGREEMENT (AZ 05-018) WESTBOROUGH SQUARE SUBDIVISION) PAGE 2 OF 12 NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the sanle requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and govemment subdivision of the state ofIdaho, organized and existing by virtue of law ofthe State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "OWNERS": means and refers to Stetson Properties, LP, whose address is 6152 W. Halfmoon Lane, Eagle, Idaho 83616, Joint School District No.2, whose address is 911 Meridian Road, Meridian, Idaho 83642, City of Meridian, 33 East Idaho Avenue, Meridian, Idaho 83642, and JLJ Enterprises, Inc., whose address is 516 S. Capitol Blvd., Boise, Idaho 83702. 3.3 "OWNER/DEVELOPER": means and JLJ Enterprises, Inc., whose address is 516 S. Capitol Blvd., Boise, Idaho 83702, the party developing said "Property" and shall include any subsequent developer( s) ofthe "Property". 3.4 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be annexed and zoned R-4 (Low Density), R-8 (Medium Density) and R-15 (High Density) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City DEVELOPMENT AGREEMENT (AZ 05-018) WESTBOROUGH SQUARE SUBDIVISION) PAGE 3 OF 12 Code Section 11-7-2 (C, D & E) which are herein specified as follows: COllstruction and development of either a conditiollaluse permit or a planlled development application shall be submitted to tlte City of Meridian prior to afuture development ill theR-4, R-8 and R-15 ZOlle, alld tlte pertinent provisions of the City of Meridiall Comprehellsive Plan are applicable to this AZ 05-018 application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "Developer" has submitted to "City" an application for conditional use permit site plan dated AprilS, 2005, and shall be required to obtain the "City'" approval thereof, in accordance to the City's Zoning and Development Ordinance cliteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property" that require a conditional use permit. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1. "OwnerlDeveloper" shall develop the "Property" in accordance with the following special conditions: 1. That the applicant agrees to construct a lO-foot tall berm/fence or berm/wall combination along Chinden Boulevard. The height of the berm/fence/wall shall be measured from the centerline elevation of Chinden Boulevard. The height of the wall or fence may not exceed 6- feet in height (measured from the top ofthe berm). The slope ofthe berm may not exceed a 3:1 ratio. The required sidewalk along Chinden Boulevard shall be constructed on the north side of the berm!buffer. 7. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Owners" or "Owners" heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of Subject Property" of this agreement within two years ofthe date this Agreement is effective, and after the "City" has DEVELOPMENT AGREEMENT (AZ 05-018) WESTBOROUGH SQUARE SUBDIVISION) PAGE 4 OF 12 complied with the notice and hearing procedures as outlined in Idaho Code 9 67-6509, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owner/Developer" consents upon default to the reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "OwnerlDeveloper" and if the "OwnerlDeveloper" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "OwnerlDeveloper" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or pOl1ion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances ofthe "City" that apply to said Development. 10. DEFAULT: 10.1 In the event "Owners", "OwnerlDeveloper", "Owner/Developer's" heirs, successors, assigns, or subsequent owners ofthe "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all ofthe terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or temlinated by the "City" upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by "City" of any default by "Owners" or "OwnerlDeveloper" of anyone or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at DEVELOPMENT AGREEMENT (AZ 05.018) WESTBOROUGH SQUARE SUBDIVISION) PAGE 5 OF 12 "Owner's" cost, and submit proof of such recording to "Owner", prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the "Property" by the City CounciL If for any reason after such recordation, the City Council fails to adopt the ordinance in cOlmection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Owner/Developer", or by any successor or successors in title or by the assigns ofthe parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach of this Agreement, the patties agree that "City" and "Owner" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "Owner/Developer" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount oftime of such delay. 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code ~ 12-5-3, to insure that installation ofthe improvements, which the "OwnerlDeveloper" agrees to provide, if required by the "City". DEVELOPMENT AGREEMENT (AZ 05-018) WESTBOROUGH SQUARE SUBDIVISION) PAGE 6 OF 12 15. CERTIFICATE OF OCCUPANCY: The "OwnerlDeveloper" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "Cjty" and "Owner/Developer" has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued jn any phase in which the improvements have not been installed, completed, and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "Owners" and "OwnerlDeveloper" agrees to abide by all ordinances of the City of Meridian and the "Propelty" shall be subject to de-am1exation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: OWNER/DEVELOPER: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ill 83642 JLJ ENTERPRISES, INC. 516 S. Capitol Blvd Boise, Idaho 83702 OWNERS: STETSON PROPERTIES 6152 W. Halfmoon Lane Eagle, Idaho 83616 JOINT SCHOOL DISTRICT NO.2 911 Meridian Road Meridian, Idaho 83642 CITY OF MERIDIAN 33 E. Idaho Avenue Meridian, Idaho 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ill 83642 DEVELOPMENT AGREEMENT (AZ 05-018) WESTBOROUGH SQUARE SUBDIVISION) PAGE 7 OF 12 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every tenn, condition and provision hereof, and that the failure to timely perform any ofthe obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the "Owner" of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bOlmd by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Owner", to execute appropriate and recordable evidence of termination ofthis Agreement if"City", in its sole and reasonable discretion, had determined that "Owner" has fully performed its obligations under this Agreement. 21. INV ALIn PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owners" and "OwnerlDeveloper" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owners", "OwnerlDeveloper" and "City", other than as are stated herein. Except DEVELOPMENT AGREEMENT (AZ 05-018) WESTBOROUGH SQUARE SUBDIVISION) PAGE 8 OF 12 as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition goveming the uses and/or conditions governing re-zoning ofthe subj ect "Property" herein provided for can be modified or amended without the approval of the City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the mmexation and zoning ofthe "Property" and execution of the Mayor and City Clerk. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER /DEVELOPER: STETSON PROPERTIES, LP ~ DEVELOPMENT AGREEMENT (AZ 05-018) WESTBOROUGH SQUARE SUBDIVISION) PAGE 9 OF 12 JOINT SCHOOL DISTRICT NO.2 B~~--_ CITY OF MERIDIAN By CITY OF MERIDIAN "~ ft,;d~ 1.Pd bl:;t~cd /lJ-<1-/J5 STATE OF IDAHO, ) : ss: County of Ada, ) On this 'iob*'dayof ~~kr ,2005, before me, tbe undel~igned, a Notary Public in and for said State, pers nally appeared James L. Jewett on behalf of JLJ Enterprises, LLC, known or identified to me to be the Prtl$:".;t \O~ of said corporation, who executed the instrument on behalf of said corporation, and acknowledged to me that he executed the same. (SEA IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official his certificate first above written. ilIq,e ~ " ~ 'i :: Notary P blic for Idaho . 1\ 11 " ~ Residing at: ctJc- ~ ( ~ ~. JU( :J:: I My Commission Expire: 'l/30/fro! 0 -NT (AZ 05-018) WESTBOROUGH SQUARE SUBDIVISION) :: .. .. .. \ ~ ~ ~ ii'"" DEVELOP ,? PAGE 10 OF 12 STATE OF IDAHO, ) ss: County of Ada, ) On this 2L day of 5""~rl , 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared n M ~ (J...,1- w e-c..lC. on behalf of Stetson Properties, LP known or identified to me to be the IA. ~K-S \ 'tV \r Y\J\,~....~.:~ ~ of said limited partnership, who executed the instrument on behalf of said corporation, and acknowledged to me that he executed the same on behalf of said limited partnership. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above wlitten. "tt,.ufle~f!!RlJhfJ(J1J ........ 11/11C/f .tot... ~.. it ",,0""000 4~ ...... .... ,,0 "... '.( ~ 4It . 1.11- . ~ :: ~ ,t ."0 .. '(' .. (SEAL">!;;! "0 \ ~ \'.-\ i m...:JQ c. e 'P ...... ~ r:1 to ( 0 : "' .. .( ':. 0 ....0 .Ie ~ ~ a ...... .....<'). .....t.... '~J{O 10..... "'O'eu'U9,Q,Qlii ~-r( Notary Public for Idaho Residing at: A-t:A. k- My Commission Expires: I f~ g-- d <0 STATE OF IDAHO, ) ss: County of Ada, ) On this ~ I ~ day of :5~ ' 2005, before me, thr undersigned, a Notary Public in and for said State, personally appeared l0eVlde.l Bf.:jh<<. h1 on behalf of Joint School District No.2, known or identified to me to be the 5upe.ru(~cY' 6+ Fa.e..ll i-Hes of said school district, who executed the instrument on behalf of said corporation, and acknowledged to me that such school district executed the same. ..,\\D8UIIQ'II" ~....'t,.t:!& ,/1,. Q. .." '\ ~ 'fill <:.<:. ~-Q..." JV:Nj~ nd y ...:t- i ~ ~OT;\Jl".. = ,.. ...... \ (S ~(;BL ,(, \~ Not~I?' PUbli~ t AJ ~QQ#."1 11 \) ~ ~...'" Resldmg at: t ~ . Qqqqltqg~II~U~\\"'t.t."" My Commission Expires: a -.).~ lYf DEVELOPMENT AGREEMENT (AZ 05-018) WESTBOROUGH SQUARE SUBDIVISION) ~ WHEREOF, I have hereunto set my hand and affixed my official seal . certificate first above written. lJ~a.~ PAGE 11 OF 12 STATE OF IDAHO ) : ss County of Ada ) Onthis ~ dayof 8c,-\-.Jpa..v- , 2005, before me, a Notary Public, personally appeared Tammy de Weerd and William G. Berg, Jr., know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate fi ove written. (SEAL) ",UIU'", .." IIqq r:." <> "'l L. 04 qll..~ ....~r> (:) eo..........{I ^ "'.... ~ ~v eO e. "{JA~ ~ ~ .q, 0..0 e..,~ \ $ .. ~ 0 T 4~ \ ~ ~ =*: ).0: : : ..... : : Q . .. Q .. 0 h 0 * .. -:. .... ~(j8 \e.... : .. '1/",. 0 L .. .. \ or' DOe 00- $ ........."'1.1'e "0......0....0 ~O ...... 11111111/1 0 F 1D l'> .......... 1I/1"'UIIIII'''' DEVELOPMENT AGREEMENT (AZ 05-018) WESTBOROUGH SQUARE SUBDIVISION) PAGE 12 OF 12 \ ~X\l\b1 A I ....~.... .,~ PARCEL DESCRIPTION February 14,2005 Project: Project No: Westborough Subdivision 30363 Annexation Legal A parcel ofIand being all oflots I through S of Westborough Subdivision, as filed in Book 87 at Page 9884 of Plats, Records of Ada County, Idaho, and a portion of the northeast Y4 of Section 30, Township 4 North, Range 1 Bast of the Boise Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at tile found 3.5" brass cap, comer record no. 8953713, marking the northwest comer of the northeast !4 (north !4 comer) of said Section 30; Thence South 89051'35" East coincident with the north line of the said northeast !4 of Section 30, a distance of 1292.00 feet to the intersection of the said north tine of northeast \4 of Section 30, the centerline of Jericho Road and the POINT OF BEGINNING; Thence continuing South 89051'35" East coincident with the said north line of the uortheast Y. of Section 30, a distance of25.00 feet to a found 5/8" rebar/no cap, marking the northwest comer of the northeast Y. of the northeast!4 (east 1/16 comer) of said Section 30; "-~" Thence continuing South 89051 '35" East coincident with the said north line of the northeast !4 of Section 30, a distance of 578.78 feet; Thence South 00037'36" West coincident with the easterly boundary line of said Lots 6 and 7 of Westborough Subdivision, 490.02 feet to a found 5/8" rebar/cap PLS 4431; Thence South 89051 '35" East coincident with the northerly boundary line of said Lot 7 of Westborough Subdivision, 237.62 feet to a found 2" aluminum cap PLS 5461; Thence South 17019'14" East coincident with the said easterly boundary line of Lot 7 of Westborougb Subdivision, 344.32 feet to a found 5/8" rebar/cap PLS 4431; Thence South 89052'57" Bast coincident with the said northerly boundary line of Lot 7 of Westborough Subdivision, 394.49 feet to a found 5/8" rebar/cap PLS 4431 and the east line of the said northeast \4 of Section 30; Thence South 00037'40" West coincident with the said east line of the said northeast v.c of Section 30, a distance of510.03 feet to a found 5/8" rebar/cap PLS 4431, marking the southeast comer of the northeast % of the. northeast 'l'4 (north 1/16 comer) of said Section 30; Thence North 89049'03" West coincident with the southerly boundary line of said Lots S and 7 of Westborough Subdivision, 1314.01 feet to a found 5/8" rebar/cap PLS 4431, marking the southwest corner of the said northeast v.c of the northeast % (NE 1/16 comer) of Section 30; Thence continuing North 89049'03" West, 25.00 feet to the centerline of Jericho Road; '--'- . Thence North 00"29'56" East coincident with the said centerline of Jericho Road, 1327.35 feet to the POINT OF BEGINNING. The above described parcel contains 1271258 square feet or 29.18 acres, more or less. Together with and subject to covenants, easements and restrictions afrecord. " 'Ex. 'n"\b\ +\3 I CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Annexation and Zoning of 29.18 ACl"es 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 fOl" 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 g67 ~ 6509. The matter was duly considered by the City Council at the July 26,2005, public hearing(s). The applicant, affected property owners, and govermnent subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. 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. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 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-05-018/ PP-05-020 I CUP-05-027- PAGE I of 5 evidenced by the Affidavit of Mailing, 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 Reconunendation for the subject application(s), it is hereby verified that the property owner(s) ofrecord 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 (J.e. S67- 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 from 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 CUPIPD Site Specific and Standard Conditions as shown in Exhibit F. The conditions CITY OF MERlDlAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-0181 PP-OS-020 I CUP-OS-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 S 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 pennitted 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. lfthe 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 plior to the deadline for completion of the 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. Ifthe 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 12-2A.B & C.) CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISlON & ORDER CASE NO(S). AZ-OS-OI8! PP-05-020 J CUP-OS-027- 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 ofthe governing body oftIle 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 pennit 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. F. Exhibits Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Exhibit F: Exhibit G: Exhibit H: Exhibit I: Legal Descriptions (4 zones) Approved Preliminary Plat (with conditions) Approved Site Plan (with conditions) Annexation and Zoning Comments Preliminary Plat Site Specific and Standard Conditions CUPIPD Site Specific and Standard Conditions Zoning Amendment Findings Preliminary Plat Findings CUPIPD Findings By action of the City Council at its regular meeting held on the ~+- ,2005. ! 6~ dayof VOTED ~ VOTED~ VOTED~~ COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER CHRISTINE DONNELL COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BnID VOTED ~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-0181 PP-05-020 I CUP-05-027- PAGE 4 of5 MAYORTAMMYdeWEERD (TIE BREAKER) VOTED ---- eerd Attest: and City Attorney. By: ,--'~\(l ~Al 0 NU City Clerk's Office Dated:~~,05 CITY OF MERIDIAN FINDINGS OF FACT, CONCLDSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05.018 I PP-OS-020 J CUP-05-027~ PAGE 5 of 5 f'~ EXHmIT A Westborough Square Subdivision AZ-OS-018 Legal Descriptions IP@@/M @@fPW P ARClil Dli.SCIUl'l'tL'l Mmilll,.JOO5 Wns-/nollQUaH ""'JlI"lVlIiTl,..~ ~JLon Wl'It:JI,-<j l"(0,,)j4~t:. Pr"I~-t;Nt)c. ^ 1"",,,1 "t1m.1 ~d.. ,'" -u..... "oCS.._ ~~ 'r~ ~ liordL,!lU:Ilo . J;lI:.llolW 14t"..... ^.b C'_.lilollO.~ w..~_N."I..,,~dolPJl;.!lm9MI, "">>a.......p_y_..__ ca'lMltNc:tI\lG" ,.,. H"""" _ _ _~ 'IOIIln6l6, aJIlIDlalbo........... c_...~r"',ds.._)G. 1l1o""" NonIlll9'.WJ.l" W041M\Ilt>Wo.....u.lIoolIIX\bliac olukl_l'. diu.."" of J~41.'$ r.., .. fllo<"""'i!ino of N. "'"Kilo Raul; n".ll<I:lo<xo W'l\!'}6' 1"101 rom:;i4rlI;: "'lil<lc""".....r,... "".... _lh-4. ~llUH,.I"'" P<)~t Ul' IIIlGIl'\l'IING, Thrt"'os.n.tb 1'1"19111' \:>...Il\ 1~ lUIl<>':5Ir"hlrl"",J>U:401 ~Ilo<~"l. 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P~uEnq:~~"'H-=:'~\I\'" h..,'I'Sofl ~r!jlj~ -, ev ' r~ ME".)'Ml F~.:>~IC 1t~:)~ ~..; r;E'~T L. ..T',", ~_ ~........"-. _._<::.:...",...~ [P@@IM @@[PW EXHIBl'J' MAl" Fa~ WESTBOROVG:H SUDDrvIstON LOT 7 ZONE R-4- II a! "I ~. Ii t:; F t' ':1'. ;~ .PACIFIC tit~ _....-.._9....._ ~I1U~... t.3-1i,"'. ~.JQfH'C . ni:i !!~ n -l.~t 1 1t.....A ' ;(1i"'I4'\- R..'" "'''I,7JQ ~fl l".(U Ar.-ir U/B"....9W"", lJloOl' R<<SliJ1/i "'I'P~.ovA", ^-- . _ "- "~4t'l- .I' 'r.~PIi1'AN pueLlc W,:;'r.KS OEPT. -. /'itn"Trl~1.6 'lE_ ~al;tOOJij,l PCl/f U ~~"r I ~ 6 ~ ~ ~Il ~ . , I -..."......,...........--1 . ,~.~....,....~.... n~ '"'""""t-""-' '" ......'~""....' .~, ". .~_..,......!", ~-,:<"~' ,~. ",., ."-j. PA!u;&'OESCRTf'rIOl" A._ .tll. l<lo5 WB.'mlOROOOIl Su"VlILViSlllN W6Jl.Q'r.'i InmUSmNlHf.-t r~ojCGt: P,oj<<l:ti'. . "i"'<<l.rlol>dl...I<ll..Il:.:.~I~or&edlllll.lO. r~4N""" RaaJlO I ~"'" Uo.,.,Moridi....u.. 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'1__ OJJ.H hda!oolll u......r""'....,,;, 10 ih<<\I.l\I.~l:la'_""il...fllNll'S$".....w. of 197.,I)QIOl~",~byl ""'d~N""J,811"~.M"W....qJ.II_"'.$JS" """I<>[> Pl;;H~l; '11Im<< flot1b?I""'OI- W,"" ~.7J",.. '" A I,S"rU>tdIJ4P.P1.t1 :H6IlllOt~Il>:.~"r. loU;tW. c.ut'J-t~ Thn,l<" ~l.47"" ~u.,... .r_"""'I'>1ht Icn, lu.'I>jl' -.nl aOdo <>i IB"Il2'1M", A ""iw of ~MJln r...'...~\by.q.",J bl'om:l:NOf\l>W~8'QZ-W..... 651<>1<<1100 SIt':<<bcrlt''Ill>lJi J:<<;l; lbooo>N<<l!lB!l'49'03'Worl. sil.u ~:u llIot"""'lil., of..i<l}l. kndoo!\Dld; u.:n.....lionhOO':l~.'~..l!Irt~..-I<h~<_.II/l"/I'...DI .J<rl<W!l..Jod. 761.11rt<r."''''' l'(I(~f\' 011' StGINNIMG: . ""'f"'<('lllio;o ~puod......io.s.sJ """"",""",10'1. r"1<"lm..ilh ad<lll>Jcc'''' <~~ n"li ~1i""'of.R<cml. Thcbul, nfht.u~ for c.. .ll<>... ~ ".North 8'-51'15" w...~o"'" U"_lJIIIo..It,.u"",.t 1m< 4[Q1Q:;16.l6....r...;m.~ _<if_oW ,lII1 dIJl U" bmut:l9<Ol1k1'=dbol iIlffi1l3 ....nJDa lbol>Ollll'~<"",,"ol S<<tI01l JO, _Ill T.........,,4.".nb..llllllt'/' I e.u.a...u Mll'ldlan. < ~"" ofo...<iJ>lI= .r W,"l.o;)h~ J'tIE~ lJ5,J..\... ",00< 1~\I'f\.;m..:I.)IJ~IIJW"'""',~)flt.M.Et-2mt- _lllil IP@@OO @ffiHPW .t r;;XIlISIT MAP FOR WESTBORO[}GH SUBDIVIS10N LOT 1 TaRU 5 ZONE R-2 E CIII'<<~ 1lI,~ 0 ". ~~ ~~ ! '" ., Q ~ ~ !8'f'"xnw"[' l<l4 500 *,"""Sr~"W tJ-II.13" 1D-LQ15 is ~QLJ ? lot.f. ~"6 ~"i.HX) Ictl'r :':F.:U .Ac,t; '" ;jl"- "'.., ",- i!? l' ~I~ ~l~ .~~c _~IIII!II'IIIoiIo'_''-''_ ~ ~ ~- !10T m SCJiU; ~."-~. SCCw< ;>0 p"",,'I {1F ('Vl.tNt)ICUC(NT lPlID@OO @@[fJW ',.'i.<' lP ([HID 00 @ ill [P W > -- w, l' ,...!...~~.....-, ,....~.A"t~,~. 'J'. ~-" .....-"""'~-~' Or-2.I~~ Ql :$l\l1.l hlllt""fflH hel1c &0151, I~ e~TOf lOa au 5~a T~tGS P.OOlIoD5 F~U7 PA~CELDESCR~ON 11l1y 2l. 2005 WIlS'(BOIlOUGHSQUARE (Il-I5) 30363 1'roJ~(f: J'n>j~ctNQ.: ^' Foe] o( land toe.tell In \l", nIl1'thc~l '1\ of lho oortilc&5l 'I. 0.1' .scenOll. .0, To\'\l'l1Ship <I North, RJp)S' 1 .Easl,Bo~e MIlIid1an,Ada CO\lm:y, Idaho, P:if~IlWn<rtbonl"1lh Subdlviti,m, ",,,,,rdl:d nt'...."" !l884. ~S8S, lIIld 9885, BQ<ll( 67. mtlnllnent il1031/j(j998, more ponicclarly &=.1Ed '1lS follows: COMMLIlfCING a(!be ~t C(I(1lE% of 'lid Stw:tion.3'O. muked..b)'.ll ).)" braS5 cap, cllme~"'cord;lllOlOS2G~5; Tb:lIl:O Nanh 89'S 13$" W~$t eoiDcidellI with !he IIOflb tint. Olf uidriotthtut Yo oflb~ oonh""lt v. 01 &.:nD'Q 30.a di.tlnct of 707.91 r_ to tk.l"OlNT OF JiEGT1>",,"1NC; ThcneeSaI1\h 1lO"31'36" Well. 4nO.()2 net; ThcIlC'O Norlh 89'30 '1).4" Weal, 332.111 t1:ct '/'heQl;O N.:.rth 00"29'56" bul, 99.73 feet: lkncliNOtth 22.47'49".East, 142J}7f,;,,1. ThenCt Nartb.OO-oS'2f' East, 247.14 f<XI 10 ~ 113>d nonh ti".. ofthc:'Iltrtthe~ I{. otthe~$t 'l.ofSr;aj'l:l JQ; T~~ S..ut!l1l9"S1';l5"~tco~l&wwhh We $llid'lIoJ1hlina Df.\h.! ~es( Y.l>fw.I\orrtlnnY. DiSerooo)g, a di:iu.ncr of21U9 f.:JlIIO tho POINT OF llEGINNnIG; The pBKd _boVt dc5cnlled eOIlU1TL\ 3.17 eac:s IJl/)te or Ius 'rOicr;bcr '(IIilh and ~uhJCCIID COVeJI.'llUs, C_lt!$-, a.nd IUII"ICtiDlII l>Cn:cl>rd. Thcbasis l>rbe~~s (ortha &bovc ~1iol1u:N'=h gjlOSI'a5" W.rrll~ lIIe 3.5" bms ,cap (colJlt';rrectJtti lI-l010s:l635) nwkiui tbe '~alnIcr ntScCt.lQn 30 and 1bo 3. S~ bms cap (~mo:n.co.rd if89S371J) matkinll' the oorth Yo Wl'MTofSecn<.TO 30, both j!1 Town.sllip If NottlI,lUnlle 1 East, Dim.: ~ 7A/~ y; ~ /'\Q.5461 JP@@OO @(ID[PW r'" ,,"-.-------..-,,- ~' QHl-ll5 OUIWiI Fr(lil"ftlH Pac!ic 8cln. ID elm m Ui 5m . ~. ._'.." , ',:" ~ <h' .~.->, . --.. .. ""~c. I . .<v &.:} ~f\ 'I>','V- 'f\> ~ !U .lo "1,!l) 1"-0> oir>l -0,0 o :<: EXHIBIT MAP fo'OR WESTBOROUGH SQUARE ZONE R-15 A PARCEL OF UND AU l.(..aTED IN mE $E1/4 OF SlC'/1iJN 80 UN.. R./E.. B.Jl. AJ)A COwrY. WAllO 2005 ~~ BOm:zvAlW SB9'5r'3S~~ NBS'Sl"~5.W !L1 277.59' in_ N ~ ~;::; b~ ~ "'POtNr oF' 88CrNNrNG 737.97' :it: . -~ f:t I"- Ci b ~ g 12 3.17 Ac.j; N89'JO'04AW 322.87' .PACIFIC ....~ .....---..........~- T" 18~ f> DD3Im F.m ! " N&'r Tf) SCAa _ IIl'I aa ~ _:<1>_"'" c:I'.t.Jl~ or-l 1-05 \}1@@ill @(IDrPW I.'~">""'..'~~_"__.'_~" .....v-. .~ ~I !5/~9 fro~H P~di~ 90111, ID 03705 m ~4~ m~ H 85 ~ OOt/OOS H ~t PARCELDESCRlP'fION :r\\ly 'll, 21lO~ WEST1lpR.OUGH SQl.-^RF. (t,-O) 30363 l'~"Oj~r;(: Project :-1(>.: ^ pl'Tccl e>t'1and lMuJ.odin Ibc 110l1bu.u. V. ar~ 1loOl'Iht~st l/. ,,(Scc~il30, 1owmhil? 4Nanh. Rw&C 1 Ew.BmM. Ml'lidim, Ad. CoIIllT)'> Idaho, ~e~InH WCStl:Il;Il;QU.!lh. Subdivi~ior.. u~l.\iild at Ptge 9884,!l885. IWU 9885, BctO',:; 1S7, lm\~t:l>1 031669911, DlDnI p.~cululy d~"bed ll$ f~noW)' COMMENCING 0\ tho Il~~l ~l ofuid S~oo. 30, ~~d by II. 3S' hrtucap, c"~n:c"ld ;l.i010~.26:;S; lhemc l'anl, 89'51';15- W"I <;oltlc1dCllt with !he north Iln.: ufsaitll10lthcast 'I. OhM n<>nn..asl '!. orsuoon 30. ~ dbtm= of 100956 f~1l(l1hl! l'OlN'T OJ ImOINNINC;' Tbenc<;' So\llh O(l"Oll'2S" WClJI, ~47.14 f(le\~ ~eSou~.22"41'49"Wm, i42.07*cr; Tlienc~ Solllh OO':WS~" We:o'. 99.?! fcrt; Th(m<< Nollh 89'.30'04" Wc~l 279.ai let III) the centetllue of JeOclw ~; ThellCe Nonh 00'29 '56" Eut co,",idmlt with the u.id eemerliM ofJ.ricno Road, 476..;14 (cot! ro Ibf: IlQIth Jine e>f !oJd Sec1l.<)IlJ\J; Th=c SQuib S9'~ 1']5" Eul ~ with lh~ said 1IMh line t1fS~IlDn ~O. a diiUl:llte 1'1'3:32,19 (\;'Ot to tl1e rOIl'i,! 011 Bl:GINNll'lG; .. Tbc p;arcel above dc:IC..'lbold ~QlIlIIi&! 3.45 actll1 flllm or 10$9. 'tOgctM'r ""lith .,d l1ll1jl!Ctt!l o:c"CIWJl~. C~~, &rn.Il~.ll"it"Iiolli'Ilr-r"card. Tlot b~ ..~~ foOt Ibs: abo~ dcsmpdon Is ~ 81l0S1 ')j" West bawcenlhe 3.s~b= clljl (corner neord # lOIOSZ63 S) tIla(kil'ijllb~ nomwM1 comer of Section 30 llIId th~ 35" bl1l$s cap (~omef NCQro fic)5~713) amlling \bt, nartl1 V. Camel' of Seelio!> 30, both in ToWllohip 4 Ne>rlh. Rsosc 1 Easr..13oW:Merldian . S. E:ttd Daeription. lPlID 00 ill @ @ lPW r ...:o,r-"""ll,""'~.":'.J":"':'';;''1'''~' ~,.. T"185 P .OD5/C05 1'--ll7 Of.21~n Q"~2pm F,orll&li l'a~tl~ ~IU, lD 8ml 20a iH ma EXHIBIT MAP FOR WESTBOROUGH SQUARE ZONE L-O A l>ARcrL or lAND ALL l1'JCA'tED IN me NEl/4 OF SEmON 3/} T.4N.. R.1E.. 8N, ADA COONT'r, ID,lJrO 20(15 .. .... "'to ..... Cl~ <IC $89"51'-" of 3,32.19' I"OtNT OF 81UllM'lIN.. N89"5/ '']5.W ,00l).56' g tt,I<J i~ '" ... g ~ N89"io'OIl'w 279.82' .' P ACIFlC ...fCri'B' .:-+.;;--,;..~..;...~ ! ,(I- I Nor -ro SCtlu;' III .... , 0<> :n> nw:IJ.,..~~ u".~ l1JUllBl'I1! \P\ID 1M ~ @ ~ W~ westborougb square subdivision p-p_()5~()20 A.pproved preUnUnafY Plat , .' .>> --..' .....,"'_..~ ,,' .., ...-~~,~,-------.,..-. , ._~. \ . '6 \ , \ \ cs.c.'U l ej::"'l" tt.1:l....... EXHIBIT C Westborough Square Subdivision CUP-05~027 Approved Site Plan ~@\IDlli @~WW u - ;~'.~-'--~'-r~ ~. ...,.- .-.. "". ", ..~.....~..... --.. ':Ir~ \'.! . .' 'II ";. } 1'< .",.""", ~CW> ~~m.''''.'-'-~.~ y.~..:4.-. . '?-i:;-.'_'.'~:' _:~~';'-.""'-. '1';- '~1'1J r~" "'- iI ~ .r.~~~, '; .i;, I -. P J ..:t-1.);~ !~~ ..l- . ~ ' " .,' <>:;f:7lr ~ ..r::,~,;,:__ ;- '_ :~.:.: l~l :;:,. , . ~ 'I;i /)" Til' ~~" ii" ;.'- "'" j [-::/ ,,_ I i I I' ~!'- , : 'I [:i,,_~:" .:,.<rll ' I : >1) l' ii~~" ~;'1 ' ! 4-~~ ~.~ >.. J ;, J ."- , '~1 "q .... r .1............ . ~r . I t - ...~ ~'O; ,,'.1 -i \. . III r : ~, 1 { ''0- '. ..} - \_ "".. " I, ;'I~\ \ ~~,-\IltIr-'I. 'I I , , " ~, l' ! --~ ~~.. l~1 ,,~ . I EJ " d~'~ I. ' l ~ EI :' ; ~:f, -- .. "~ '. I :JIID-----t. ... I . -..... : j' .j~1);i'~f~ w;j, · . 'F-'~"-'~-,-: "-.- , I': l :: i:' '; f. 1, V; ,~ ii ;; If: !: ill!ll; i; { J i ~ i ~ -ri~ l i 'I ! J n ~I I I !ill ~~i ~ t: !~ i~~ m;! 11 i~ j! I~ W~f :f~ i; i 'r~l;' t J ~:, < r <. J'; ; .;;. J;; ~., I' d 1/ tIl, ~~'l r1l'f ij~~ " '" \ ~ ~t < ~ .. " 1:: j !- r"" ~ "r:tJ ;<.~ 1 I ':~ . ~']: 1 r'! I f 9. i f i; J~ [fi Hi II f~ ~:! l~1 t. h~~: , ; ~ ; ; r ~ ~ ] ~ 1 ~ j , , ~ '1:i.\.fI ~ Ii '1 "~ ~. ',: IJ ! n I '! .-~! ~ n ~ ~. , ! i j [.j ! , '-;It ~ r;':; <I: II, ~ ; .1, i !1 ~",,=j f It. -, _" '...; \ ; II ~ ~ ' H~tl ~ ! nHdd ;Iii; ~ ~l! ~q; ~~I! ; .\' P r, , ! ;?'; : ! ; ! ~ :; 'l"~~9.lj.~H~i'H. IgF~f~ ~ll Ii; 1 ,~ l.H~~1 : ~ 'I! ~l ~~ 'Ii i ~ ;~Hr. tl ~~! ; , i; i ~lj'~~ ~ r 'Jt ~~~ -Ii r i 1~ '$. ! ~I:.~i ; .. ~ ~~'l'll 1 ! lh I'l i.: ' 1 ~! i! ! ~~: : : I I I -j. (, l I . - . "~; , , ,I 1i .. ~ '., , / j? .~s . fOtl J' 1 ~ oj I. :i i; ~ ~ .~ ~ ::! !:A '. l t t J t t ~ I! ! ~ Z I J ! if: ........:llIOOP.~. I ~ 5 r ;11'1I.H~IE'<:,"; I (J) "tJ I ... WESTBOROUGH SUBDIVISION "'eri(bl'\ Id<1ho REVIEW f1~T il<."'iQ-l)~ , 'do 'I_"'~R""'. ~ > -l '" ;; z ,.~ d6iii ~Eli t; ~p~ )0 :;::2:;__ n~~~~ ~- ~~tI) ....~~j;~'""!" ~~~:;,~i< . !<l:r.r.8~ ~~~~E~ g.z~,;;~ ~,~ ;n reG. s: -tel.> ~~~ ~i.F'i ~.~ " G z e ~eJ EXHmIT D Westborough Square Subdivision Az..05-018 Annexation and Zoning Comments ANEXATION & 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 zonin~ ordinance approval, a Development Af:!reement IDA) 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 Attorney. BiU Nary. at 888.. 4433 to initiate this process. The DA shall incoroorate the following: . That the applicant agrees to construct a lO~foot tall berm/fence or berm!wall combination along Chinden Boulevard. The height of the berm/fence! wall shall be measured from the centerline elevation of Chinden Boulevard. The height of the wall or fence may not exceed 6- feet in height (measured from the top of the berm.). The slope of the berm may not exceed a 3:1 ratio. The required sidewalk along CWnden Boulevard shall be constructed on the north side of the bermlbuffer. EXHIBIT E Westborough Square Subdivision PP-05-020 Preliminary Plat Site Specific and Standard Conditions SITE SPECIFIC CONDITIONS (PRELIMINARY PLAT) 1. 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 of the accompanying Annexation/Zoning (AZ-05-0l8) and Conditional Use Permit (CUP-05-027) application shall also be considered conditions of the Preliminary Plat (pP-05-020). 2. 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 eHlief a 35-foot wide landscape buffer OR a 40 foot ~wide landscape ffiHfeF along Chinden Boulevard (includinl! the width of the sidewalk). ff...1:he sidewalk for Chindon Boule'lard is constructed within the right of ',vny, the buffer shall be 35 feet. The width of the landscape buffer shall be t1 0 feet if the sidevll:1lk is construct~d withia the landscape buffer casement/lot. In accordance with MCC 12-13~lO, install 1 tree within said buffer for every 35 feet of frontage 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, installl tree within said buffer for every 35 feet of frontage 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 f3:8t play include impervious surfaces such as parking areas, e:araees andlor 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 to-foot tall berm/fence or a berm/wall cQmbination alone: Chinden Boulevard. The hei2ht of the berm/fence/wall shall be measured from the centerline elevation of Chinden Boulevard. The heig,ht of th~ wall or fence may not exceed 6-feet in heieht (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 reauired berm along Chinden Boulevard. 3. 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 fmal 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 from 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 pelmanent 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 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 offlow that is being generated by tlus 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 colU1ection 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 tms 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. 2. Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to MCC 12-13-10-8. 3. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized inigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. 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 Pennitting 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~fifty and one-hundred~watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All srreetlights shall be installed at subdivider1s 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 W orIes 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: 1. 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. The applicant shall coordinate mailbox locations with the Meridian Post Office. 14. Any existing domestic wells and/or septic systems within this project will have to be removed fl:om their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for nOll-domestic purposes such as landscape irrigation. 15. 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. 16. 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 nonnal groundwater elevation. 17. The applicant shall be required to pay Public Works development plan review, and construction inspection fees, as detennined during the plan review process, prior to signature on the final plat per Resolution 02-374. 18, 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. 19, Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. OTHER AGENCYfDEPARTMENT 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 1, Please contact Bill Gregory at sse (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 comers when spacing pennits. 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 IFe 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 V2 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/commerciallots lot will have an unlmown 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 of the Apartment/Office Suite shall correspond to the floor level. 14. The applicant shan 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 ilie 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 ofright-ofwway from 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 pennits), 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 S-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 of rrD for State Highway 20-26 (Chinden Boulevard) frontage. Submit to the District a letter from 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 APFROV AL 1, 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) fOf 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 wa~ved herein. An engineer registered in the State ofldaho shall prepare and certify aU 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 aU 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 tenus and conditions oftms 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 from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject oftbis 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 1. 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. Stonnwater 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 from Locust Grove or Jericho Road and no additional access will be required from US-20, At this time we do not have any additional stipulation for the subdivision. 2. Noise abatement (henns, 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-OS-027 CUPIPD 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-I, dated 7-15- 05, is approved with the changes listed herein. All conditions of the accompanying Annexation and Zoning (AZ-OS-0l8) application and Preliminary Plat (pP-OS-020) shall also be considered conditions ofthe Conditional Use Permit (CUP-OS-027) application. 2. The project shall conform to the L-O and R-15 dimensional standards, except as follows: . Minimum frontage: O~feet !II 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 from 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% ofllie gross area ofllie 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 accord~nce with the standards set forth in this report and Section 11-14 of the City Zoning and Development Ordinance, 8. No building or other structure shall be e....ected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without flIst obtaining a Certificate of Zoning Compliance (CZC) fi'om 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 fonn 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 of the 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 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 Pat'ks~ 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. 1t 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 1. Please contact Bill Gregory at sse (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 comers when spacing penuits. f Fire hydrants shall not have any vertical obstructions to outlets within 10'. g, Fire hydrants shall be place IS" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the !Fe 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 D 103.6 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 110 less than 'it 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 frre-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!commerciallots 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 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 sunace 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 he fire sprinklered. This may be required for the subject 4-plexes. 22. There shall be a fire hydrant within 100l of all fire department connections. ADA COUNTY HIGHWAY DISTRICT SITE SPECIFIC CONDITIONS OF ApPROVAL 1. Dedicate 27-feet ofright-of-way from the centerline of Jericho Road abutting the parcel by means of recordation ofa final subdivision plat or execution ofa 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-footwide 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 oflTD for State Highway 20-26 (Chinden Boulevard) frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of tbe final plat or issuance of a building pelmit (or other required pennits), 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 1. 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 pennit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in confonnance 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 rightMof-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 allY phase of construction. 10. No change in the tenns and conditions ofthis 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 from the Ada County Highway District. 11, Any change by the applicant in the platUled 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 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 1. 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. Stonnwater 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.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 from US-20. At this time we do not have any additional stipulation for the subdivision. 2, Noise abatement (benns, fences, etc.) will be the responsibility of the developer and will be constructed off of the State Right of Way. EXHIBIT G Westborough Square Subdivision AZrOS-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 tenus of the following standards and shall fmd 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 ofthree 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 City Council is supportive of this proposed R-4 zoninp: designation as schools are principally 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 City should zone this property to R-4 R-2, as the &-4 R-2 zone would more accurately 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 "floaf' to the east because there is not a collector roadway intersecting Chinden at the % 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 Y2 mile there is a public street on the north side of Chinden Boulevard in Spyglass Subdivision. This public street is located at approximately the ~ 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 Y2 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 frontage 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 ofthe 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 from 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 couId 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 ofthe 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. TIle 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 detennining 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 ~ 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 lustified. The City Council also believes that non-residential uses (office) in an area planned for residential uses, is appropriate 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 oftms 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); . HRequire that development projects have planned for the provision of all public services;l (Chapter VII, Goal III, Objective A, Action items 1 and 4) On May 13,2005, ajoint 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 Reconunended Approach" from the National Center for Bicycling and Walking in all land use decisions. II (Chapter VI, Goal II, Obj. A, #3) This publication encourages jurisdictions to establish bikeway and walkvvay facilities in new construction and reconstruction projects, in a manner that is safe, 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 ChindenBoulevard (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, berms, etc.):' (Chapter VII, Goal N, Objective D, Action item 4) The applicant is proposing to construct a 35-jOot 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.ll (Chapter VIII 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-ftet required), between the multi-family dwellings and the church to the east (20-feet 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 VIII 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. e "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.H (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 highwdensity 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 concepe' (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 annexinz. and zoning] as well as the desif!n of the proposed plat and conditional use permit. are in general conformance with the Citv 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 pelmit 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 pennitted) under the new zoning. The City does not currently have a zone that principally pennits apartments. Therefore, the eastem 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 STlP and Locust Grove Road is not currently scheduled within ACHD's Five Year Work Program or Capital Improvements Plan (CIP) for roadway widening. Pennanent 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 fmds 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 "An). F. Will the proposed uses not he 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 from other agencies, and public testimony to detennine 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 fol" 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 staffwas 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. Engineeting staff has reservations on the ability of this 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 of the project. Water mains are readily accessible to this site and service is being proposed via an extension ofwatel' 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 stann 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 from 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 from multiple departments, The detailed comments and conditions from the Fire Department, Police Department, and other agencies/departments are at the end of this report, Based on the comments received from other agellcies/departmentsl 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 infrastructure, 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 of the community. I. Will the proposed uses not involve uses, activities, process eSt 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, 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." (MCCll-7-2.G) The purpose of the R-15 zone is to permit the establislnnent 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 almexation and development in accordance with current city code and the Comprehensive Plan will create excessive noise~ smoke, fumes~ glare, or odors. J. Will the area have vehicular approaches to the property which shan 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 from Jericho Road. The proposed entrance is located approximately 285 feet south of Chinden Boulevard, and meets ACHD's requirements for location. lfthe 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 prolJerty 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 far R-8 zoning that contain sin,?le-familv homes an one-acre lots also, be zoned to R:-4 R-2: and, that the 6.62 acres proposed for'R-i5 zoning be zoned to zoned L-Q for the western portion containing office uses and R-15 for the eastern portion cantaininf[ multi-family dwellings. Consistent with the Comorehensive Plan and the findings listed apove. the City Council believes that the above-listed zones are appropriate far this prooerty and zoning the TJrooerties as amended would be in the best interest afthe City. EXHIBIT H Westborough Square Subdivision PP~05~020 Preliminary Plat Findings Meridian City Code (MCC) 12-3-3 J.2 and 12-3-5 D read as follows: <<In determining the acceptance of a proposed subdivision, the Commission/Council shall consider the objectives of this title and at least the following: A. The conformance of the subdivision with the Comprehensive Development Plan; Please see Annexation and Zoning Analysis "An. B. The availability of public services to accommodate the proposed development; Please see Annexation and Zoning Analysis "O'l. 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 fmancial 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 CUP/PD 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 relief from the standard street frontage 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 e::rlsting 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 fife protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to pl'ovide adequately any such services; Please see Annexation & Zoning Analysis "G" and "H", the Other Agency/Department Comments and Conditions at the end of this repOlt, 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, matedals, 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 "J". 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",