Loading...
HomeMy WebLinkAboutApex Zenith H-2025-0041 CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN:-, AND DECISION& ORDER , In the Matter of the Request for a preliminary plat to subdivide two(2)existing parcels into seven (7)buildable lots across 11.065 acres of land in the C-G zoning district.,by Brighton Corporation. Case No(s). H-2025-0041 For the City Council Hearing Date of: December 16',2025 (Findings on January 6r", 2025) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of December 16t'',2025, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of December 16",2025, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 16t'', 2025, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of January 6',2025, incorporated by reference) 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(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title I I Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019, Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 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 Community Development Department,the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of December 16t1i,2025, incorporated by reference. The conditions are concluded to FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(APEX ZENITH-H-2025-0041) - I - 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 § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for a preliminary plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of December 16t'',2025, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat,combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments,if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-613-713). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 11- 6B-7C). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s)and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(APEX ZENITH-H-2025-0041) -2- period. E. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d),if this final decision concerns a matter enumerated in Idaho Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-652 1(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of December 16t'',2025. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(APEX ZENITH-H-2025-0041) -3- By action of the City Council at its regular meeting held on the day of , 2025. COUNCIL PRESIDENT LUKE CAVENER VOTED COUNCIL VICE PRESIDENT LIZ STRADER VOTED COUNCIL MEMBER DOUG TAYLOR VOTED COUNCIL MEMBER JOHN OVERTON VOTED COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED COUNCIL MEMBER BRIAN WHITLOCK VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison Attest: Chris Johnson City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(APEX ZENITH-H-2025-0041) -4- Exhibit A COMMUNITY DEVELOPMENT C��fEPIDIAN*,- DEPARTMENT REPORT A H O HEARING 12/16/2025 legend DATE: Project location t" TO: Mayor&City Council Area of impact m _ �= City Limits FROM: Nick Napoli,Associate Planner ® Analysis 208-884-5533 nnapoli@meridiancity.org -_ C APPLICANT: Amanda McNutt SUBJECT: H-2025-0041 ' � 1 Apex Zenith ----- _ __ LOCATION: Located at the southeast corner of -� Meridian Road and Lake Hazel Road in a portion of Lot 4 of Section 6, T.2N., j R.l E. �- s / ' 1 PROJECT OVERVIEW A. Summary Preliminary plat to subdivide two(2)existing parcels into seven(7)buildable lots across 11.065 acres of land in the C-G zoning district. B. Waivers/Issues Since both E. Tower Lane and S.Momentum Lane are connecting to arterial streets (Meridian Road and Lake Hazel Road),these access points would typically require a City Council waiver per UDC 11-3F-4-2B2. However,these connections were previously approved with the annexation and rezone application (H-2024-0052)so another council waiver is not required. C. Recommendation Staff. Approval with conditions. Commission: Approval with no proposed changes to the staff report. D. Decision Council: Approved. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(APEX ZENITH—H-2025-0041) -5- COMMUNITY METRICS Table 1: Land Use Description Details Map Ref. Existing Land Use(s) Vacant - Proposed Land Use(s) Commercial - II. Existing Zoning C-G zoning VILA.2 Proposed Zoning C-G zoning Adopted FLUM Designation Mixed Use Regional VILA.3 Table 2: Process Facts Description Details Preapplication Meeting date 6/10/2025 Neighborhood Meeting 8/14/2025 Site posting date 12/3/2025 Table 3: Community Metrics Agency/Element Description/Issue Reference Ada County Highway District IV.E • Comments Received Yes; Staff Report - • Commission Action Required No - • Access Arterial Streets: E.Lake Hazel and S.Meridian Road - Collector Streets: S.Prevail Avenue • Traffic Level of Service Lake Hazel Road:Better than"B" - ITD Comments Received Yes;The applicant is finalizing the STARS agreement with ITD. Meridian Public Works Wastewater IV.B • Distance to Mainline Available at Site • Impacts or Concerns See Public Works Site Specific Conditions Meridian Public Works Water • Distance to Mainline Available at Site • Impacts or Concerns See Public Works Site Specific Conditions Note: See section IV. City/Agency Comments & Conditions for comments received or see the public record. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(APEX ZENITH—H-2025-0041) -6- Figure 1: One-Mile Radius Existing Condition Metrics Reference Parcel_ 51406223014 D ate Retrieved: 2024 J 10 J 8 Parcel Count ParcelAcreage Infill Indicator. 22U Surrounding Area L��k f // % Not city s� City Limits ■ Not City 1 11 7S Household angeHousehold & Population Growth Household_ 02020 Population Chanme: 8a.2% Po ■Growth pul�tioi� (Household and Population Change since2010 Decennial) 1,000 1,500 2,v-v!) Figure 2: ACHD Summary Metrics a E. Lake Hazel Road Existing Lanes © Planned Lanes X Existing Level of Service Notable ACHD Comments V/ a (Primary roadway impact} Programmed IFYP Programmed CIP 0 S. Meridian Rd Existing Lanes © Planned Lanes m VExisting Level of ServiceNotable Q (Primary roadway impact} Programmed IFYP Programmed CIP *E.Lake Hazel Road has been widened by the applicant to 5 lanes from S.Meridian Road to S.Apex Avenue. The level of service listed above is for the existing 2-1ane road. Traffic counts are from June 2018. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(APEX ZENITH—H-2025-0041) -7- Figure 3: Service Impact Summary ImpactService • • Ready Q 0 0 0 Marginal Caution 0 0 4- 0Q1 °aa 5r o Qa FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(APEX ZENITH-H-2025-0041) -8- STAFF ANALYSIS Comprehensive Plan and Unified Development Code(UDC) A. General Overview The subject properties fall within the larger Apex Zenith project and are designated as Mixed-Use Regional on the Future Land Use Map(FLUM). lll. The MU-R designation is intended to encourage a balanced blend of employment opportunities, retail,residential dwellings,and public uses,particularly in areas near major arterial intersections. This designation supports a diverse and integrated community where residents can live,work,and shop without needing to travel far. An important component of the MU-R designation is to avoid predominantly single-use developments. The applicant is proposing a preliminary plat consisting of seven(7)buildable lots across 11.065 acres of land. The plat excludes the additional approximately 140 acres of land as a separate plat will be required with phase two(2) of the larger development. Staff recommends the subject properties be subdivided prior to the issuance of any building permits within the subdivision. However,this subdivision is part of the first phase of the Apex Zenith project,which restricts phase one(1)to three(3)building permits prior to a more in-depth concept plan is provided. Currently, Costco will be using two(2)of the three(3)building permits, and it was previously stated that a regional employment user would be the third building permit on the west side of Prevail Avenue. For this reason, staff is recommending the subdivision be recorded and Phase two (2)of Apex Zenith be approved prior to any building permits being issued within the subdivision. The applicant has indicated the subdivision is proposed to be completed in a single phase with buildings being constructed at a later date when users are found. Each user will be evaluated when they submit for a certificate of zoning compliance application. The property is allowed to have all the uses listed in UDC 11-213-2. Table 4: Proiect Overview Description Details History H-2015-0019 AZ;DA Inst#2016-007072;H-2024-0052;DA Inst#2025- 010344 Phasing Plan One(1)Phase Acreage 11.065 acres Lots Seven(7)Buildable lots B. History The two parcels fronting S.Meridian Road(S 1406223014 and S 1406223153)were annexed in 2015 with the South Meridian Annexation. These properties were given the placeholder zoning of R-4 until future development. In 2024,the property was rezoned to the C-G zoning district as a part of the larger Apex Zenith project. After the annexation the applicant submitted a property boundary adjustment to reconfigure the properties to allow for legal parcel for development. This is the reason why Costco is not included within this subdivision. C. Site Development and Use Analysis 1. Existing Structures/Site Improvements (UDC 11-1): The site currently has no existing structures. The applicant shall be required to hook up to city utilities with the construction of the new buildings. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(APEX ZENITH—H-2025-0041) -9- 2. Proposed Use Analysis (UDC 11-2): The subject properties were rezoned with the C-G zoning designation,which allows for a variety of uses. The narrative discusses the subdivision being consistent with commercial users that include large retail, office uses, and other supporting commercial. Currently,the existing Development Agreement limits certain uses, specifically restricting retail uses to a maximum of 50%of the C-G zoning district. In addition,the DA requires a minimum of 20% non-retail commercial uses within the C-G portion of the property. These restrictions aim to align with the comprehensive plan to provide a mix of commercial uses that include retail, employment, and neighborhood-serving uses. The property will remain subject to the same Development Agreement provisions,along with the restrictions in UDC 11-2B-2. 3. Dimensional Standards (UDC 11-2): The C-G zoning district requires a thirty-five(35)foot landscape buffer along entryway corridors,a twenty-five(25) foot landscape buffer along arterial roads,a twenty(20) foot landscape buffer along collector roads, a ten(10) foot landscape buffer along local streets and allows a height up to sixty-five(65) feet. The applicant has not provided any building footprints; however,the submitted plans meet the requirements of the C-G zone.Any future development shall comply with the C-G dimensional standards listed in UDC 11-2B-3. D. Design Standards Analysis 1. Structure and Site Design Standards (Comp Plan, UDC 11-3A-19): The subject subdivision does not show a concept plan for placement of the buildings; however,the development agreement requires a minimum of 40%of the buildable frontage to be occupied by building facades or public space. This will be evaluated with the certificate of zoning compliance submittals. The applicant will be required to frame buildings along the arterial and state highway corridors to meet this provision. 2. Landscaping (UDC 11-3B): i. Landscape buffers along streets A thirty-five(35) foot wide landscape buffer is required along all entryway corridors (Meridian Road), a twenty-five(25) foot wide landscape buffer is required along all arterial roadways(Lake Hazel Road), a ten(10) foot landscape buffer is required along all local streets(Tower Lane and Momentum Lane). These landscape buffers are depicted on the landscape plan and comply with the standards for the C-G zoning district. However,the preliminary plat shows a significant portion of the landscaping is proposed to be inside of the right of way. The applicant shall provide a license agreement with the transportation authority to certify the entire landscape buffer will meet UDC requirements. The buffers shall be outside of the proposed deceleration lanes and start at the back of the curb. Additional landscaping on each lot will be addressed with future certificate of zoning compliance applications. These landscape buffers and the private streets (Tower Lane and Momentum Lane)have not been installed yet. These will be required as part of the subdivision improvements. The applicant is proposing the subdivision to be completed in a single phase. The applicant shall comply with the vegetation coverage calculations with the final plat to ensure they are meeting the 70%vegetation coverage at maturity with no more than 65%of this coverage coming from lawn or other grasses. These buffers shall be landscaped per the standards in UDC 11-313-7C. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(APEX ZENITH-H-2025-0041) _ 10- In addition,the development agreement requires the landscape buffer included in this subdivision to be completed prior any building occupancy within the larger Apex Zenith development, including Costco. ii. Parking lot landscaping Landscaping is required to be provided along all parking areas per the standards listed in UDC 11-3B-8. The requirements include five(5) foot perimeter adjacent to streets and islands of at least 50 sq. ft.per every twelve(12)parking spaces. Any parking that does not abut seven(7)feet of overhang shall have parking blocks. These requirements will be analyzed with the Certificate of Zoning Compliance. iii. Landscape buffers to adjoining uses Landscaping is required to be provided along abutting uses. These requirements will be analyzed with the Certificate of Zoning Compliance application. iv. Tree preservation A Tree Mitigation Plan should be submitted with the Certificate of Zoning Compliance detailing all existing trees and methods of mitigation outlined by the City Arborist before any trees are to be removed as set forth in UDC 11-3B-1OC.5. v. Storm integration Storm drainage is required to comply with the standards listed in UDC 11-3A-18. Drainage swales shall not be within the landscape buffers along Meridian Road and Lake Hazel Road. 3. Parking (UDC 11-3C): i. Nonresidential parking analysis UDC 11-3C-6B requires one space for every five hundred(500)sq. ft. of gross floor area in commercial districts. However,if restaurants are proposed one(1)space for every two hundred and fifty(250) sq. ft of gross floor area is required. These parking standards will be analyzed with the submittal of the certificate of zoning compliance applications. ii. Bicycle parking analysis A minimum of one(1)bicycle parking space must be provided for every 25 vehicle spaces or portion thereof per UDC 11-3C-6G;bicycle parking facilities are required to comply with the location and design standards listed in UDC 11-3C-5C. This will be reviewed with the submittal of the certificate of zoning compliance applications. 4. Building Elevations (Comp Plan,Architectural Standards Manual): Building elevations were submitted with this application but are high level and not specified for any single building. The proposed elevations include a mix of materials,pedestrian scale elements such as lighting and awnings, and glazing along the storefronts. In addition,the development agreement that governs the site requires development to be consistent with the Meridian Architectural Standards Manual. Staff will evaluate the building elevations for consistency with the ASM and DA with the submittal of the certificate of zoning compliance and design review applications. 5. Fencing (UDC 11-3A-6, 11-3A-7): Fencing is not depicted on the concept or landscape plan. Any future fencing shall be in compliance with UDC 11-3A-7 and 11-3A-6. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(APEX ZENITH-H-2025-0041) - 11- 6. Parkways (Comp Plan, UDC 11-3A-17): UDC 11-3A-17 requires parkways of a minimum width of 8 feet. The applicant has indicated in their narrative that the parkways are 8 feet in width,however it is not dimensioned on the landscape plan. These parkways are provided along the private streets within the development alongside the five(5)foot sidewalks. The parkways shall be dimensioned and a minimum of 8 feet in width in the final plat application. E. Transportation Analysis 1. Access (Comp Plan, UDC 11-3A-3, UDC 11-3H-4): Access is proposed via E. Tower Lane(private street) off E. Lake Hazel Road in the form of a right-in right-out, S. Momentum Lane(private street) off S.Meridian Road in the form of a right-in right-out out and S.Prevail Avenue in the form of a full access. The applicant is applying for a private street application for E. Tower Lane and S. Momentum Lane to allow for the commercial drive aisles to be named. This will allow for better wayfinding of address points for residents and emergency services. With the larger Apex Zenith development(H-2024-0052),the development agreement requires the entirety of Aristocrat Drive and Prevail Avenue(both collector roads)to be constructed prior to the first certificate of occupancy. These roads will be constructed along with E. Tower Lane and S. Momentum Lane prior to the certificate of occupancy for the subdivision or Costco. A traffic study was completed with H-2024-0052,which contemplated approximately 98 acres of commercial uses,which include the portion of the subdivision that is currently proposed. Direct lot access to S. Meridian Road and E. Lake Hazel Road is prohibited except for E. Tower Lane and S. Momentum Lane. The applicant is depicting a second access along E. Tower Lane(private street)to Lot 4, Block 1;however, staff is recommending a shared access on the property line with the Costco Fuel Station(Parcel#S 1406223040). The site plan on the Certificate of Zoning Compliance application(A-2025-0078)for Costco depicted an access point on the shared property line. In addition,the applicant has recorded a singed STARS agreement with the Idaho Transportation Department(ITD)which has highlighted improvements to Meridian Road including deceleration lanes at their access points. These improvements are anticipated to be completed prior to certificate of occupancy for the Costco project. 2. Multiuse Pathways,Pathways, and Sidewalks (Comp Plan, UDC 11-3A-5, UDC 11-3A-8, UDC 11-3A-17): The preliminary plat proposes an extension of the ten(10) foot multi-use pathway along S. Meridian Road and E. Lake Hazel Road. In addition,the applicant is proposing five (5)foot sidewalks along the private streets on the interior of the subdivision to promote pedestrian connectivity. However,the pedestrian connections from the multi-use pathway to the front entrances of each building have not been depicted. The pedestrian connections shall be depicted with the submittal of the certificate of zoning compliance and design review applications for each site. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(APEX ZENITH-H-2025-0041) - 12- 3. Private Streets (UDC 11-3F-4): The applicant is proposing two(2)private streets in the form of E. Tower Lane and S. Momentum Lane with this application. These private streets are depicted on the plat and have an eighty-six(86) foot easement that spans across the full street section including forty(40) foot street width,eight(8)foot parkways, five(5)foot sidewalks on both sides, and ten(10) feet of landscaping on the back of the sidewalk. Since the plat is located within the MU-R FLUM designation,it is critical to have connectivity for pedestrians that are integrated with vehicular access points. The applicant has provided five (5) foot sidewalks on both sides of the private streets which will connect with ten(10)foot multi-use pathways along Meridian Road,Lake Hazel Road, and Prevail Avenue. This will help promote the connectivity and walkability that is envisioned in the MU-R principles. No residential units are proposed directly off of these private streets as this section of the larger Apex Zenith project is designated for commercial uses. The applicant is showing two(2)access points to E. Tower Lane for Lot 4,Block 1 and the off-site property for the Costco Fuel Station. Staff is recommending these be consolidated into a single access point off of the private street due to limiting conflict points. The approved Costco CZC depicted a shared access point that was on the property line between proposed Lot 4,Block 1 and the Costco Fuel Facility. Since both E.Tower Lane and S.Momentum Lane are connecting to arterial streets (Meridian Road and Lake Hazel Road),these access point would typically require City Council waivers per UDC 11-3F-4-2B2. However,these connections were previously approved with the annexation and rezone application(H-2024-0052)so another council waiver is not required. F. Services Analysis 1. Waterways (Comp Plan, UDC 11-3A-6): There is an existing irrigation ditch that runs through the property connecting to the east and west. The applicant is proposing to pipe this ditch and protect the existing irrigation boxes. 2. Pressurized Irrigation(UDC 11-3A-15): An underground pressurized irrigation system is required to be installed to provide irrigation to each lot in the subdivision in accord with the standards listed in UDC 11-3A-15. 3. Storm Drainage (UDC 11-3A-18): An adequate storm drainage system is required in all developments by the City's adopted standards, specifications, and ordinances. Design and construction shall follow best management practices as adopted by the City as outlined in UDC 11-3A-18. Storm drainage will be proposed with a future Certificate of Zoning Compliance application and shall be constructed to City and ACHD design criteria. 4. Utilities (Comp Plan, UDC 11-3A-21): Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development. All utilities are available to the site. Water main, fire hydrant and water service require a twenty- FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(APEX ZENITH-H-2025-0041) - 13- foot(20)wide easement that extends ten(10)feet past the end of main,hydrant, or water meter.No permanent structures, including trees are allowed inside the easement. CITY/AGENCY COMMENTS & CONDITIONS A. Meridian Planning Division 1. Future development of this site shall comply with the previous conditions of approval and terms of H-2015-0019 AZ; H-2024-0052 AZ, RZ;DA Inst#2025-010344 and the conditions contained herein. IV. 2. Future development of the proposed lots is required to comply with the dimensional standards C-G zoning districts in UDC Table 11-2B-3, as applicable. The 35-foot wide entryway corridor street buffer,25-foot-wide arterial street buffer, 20-foot wide collector street,and 10- foot landscape buffers along the private streets. Buffers may be placed in an easement rather than a common lot in accord with UDC 11-3B-7C.2a. 3. The final plat and landscape plan shall be revised as follows: a. Provide the license agreement from ACHD and ITD for landscaping within the transportation authority's right of way. b. Add a plat note or reference the CCR instrument number for cross-access and maintenance of the private streets. c. Depict landscaping within required street buffers in accord with standards listed in UDC 11-3B-7CLall required landscape buffers along streets shall be designed and planted with a variety of trees, shrubs, lawn, or other vegetative ground cover. Plant materials in conjunction with site design shall elicit design principles including rhythm, repetition,balance, and focal elements. d. Revise the plat and landscape plans to include the dimensions of the pathways. e. Depict landscaping along all pathways per the standards in UDC 11-3B-12C. A 5'wide landscape strip is required on both sides of the pathway planted with a mix of trees, shrubs, lawn and/or other vegetative ground cover. 4. Comply with all ACHD's staff report conditions of approval. 5. Use a shared aeoess point between the Cestee Fuel Station and Lot 4, 6. The subject properties shall be subdivided and phase two (2)of the Apex Zenith project shall be approved prior to the issuance of any building permits within the subdivision. 7. Provide a detailed maintenance agreement for the private streets and how the Costco property will work with the subdivision for maintenance of those roads with the Final Plat application. 8. Each lot within the subdivision shall submit a certificate of zoning compliance and design review application prior to submittal of a building permit. 9. Depict bike racks and pedestrian connections on the plans submitted with the future CZC and Design Review application in accordance with UDC 11-3C-5C. 10. Comply with all of the private street standards listed in UDC 11-3F. 11. Upon completion of the landscape installation, a written Certificate of Completion shall be submitted to the Planning Division verifying all landscape improvements are in substantial compliance with the approved landscape plan as set forth in UDC 11-3B-14. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(APEX ZENITH-H-2025-0041) - 14- 12. The preliminary plat approval shall become null and void if the applicant fails to either: 1) obtain the City Engineer's signature on a final plat within two years of the date of the approved findings; or 2)obtain approval of a time extension as set forth in UDC 11- 6 B-7. 13. Staff s failure to cite all relevant UDC requirements does not relieve the applicant from compliance. B. Meridian Public Works w m l."kj s "Burroetose%w Sewa main iFpwdy-Wen ow"umed.howe+ lo*ngi'srequaan sefww.d thr9up pa'~wntl Mhor woue the Narlh w We Ent. a 5ewrer5hed F%WrM lad Prajpq See applr€auon Sewer ERU'i WIIIIFp�lirrng Elalanw prdjedCeemstera Yes wleh WW r mrlhr PLionfFiKlIfty RWn • ImpnctsJaan€a*n€ + • 3Mm Pug d Work;Site i4 m{ilic Cwhdil imeli water L1iu e m watel 1WaIrr nra.n has partly been capmte.xLed,heodever Inap.gs IS rsyui $ery:pry t4r9wgn develuaments eAher through the Nozlh aF the Fast. s PrlS61Y Zam • Wl mawd k9od Seer apoksti8n Waterr ERU's • W&terCkW1A r None Proirrl COniistMl Yes w th Water M9irlr Prime W0am)C&Kenffi Fieweseecorwlolrs N'ON-PLAT C'ONDITIUVS r4AJCWtM r-PFP+i67%7F--F Gtr��'rrir{'oaditiaaa irl hpryrosel I FpMcrl xAl rNviir4 hD prng of dw%ygr llprn T1rrs ran cskh6T dpDmc hum the east 9ra$CWMd coftwclia Lo Lakq I[UpL FW[rurl}I of tk road 2_ 12'anon shnldd Fun pualkl to S Mmdim Rd i Fot*h Me do:t4op acm m men to and Ihmuo evgvdreenmts.The Cily wig suck oPpoA=rli"do prm iik stubs or a1 kW e'aserscrLLs Iu Uctidrrr Road eD alkaw pnpff&s wcsl ofMteridim Rd to demlop. ]. 12'Burin also lrqultrd 6 MV Lbc I"Faik madel rowel-irridim Rd b Ihr Eust. d_ ptmidc laand-ffiro*Wmerand Smcrmaiiksio Ike gDwA amd Um wheal rtln•atn_ S. $ngiaw rh vVnit irLWM is a,rdl music.Jr p,el I is k*ated oo the me iL rMLW be Wh=Lwperl pre rgWasor%&jmjF Twmiswd pLmofefahawknami mkzu kt prmidal w thtCLiti_ 11ti1w.km u LIL m*ell W be pmwidcd for wF i1 r. 6_ IF a Wel I ii Ine ecd oa Lk sbe iL mLLu be akmdoocd prr rerdawry+ragairtmcros add proow[or *wm6ilLnLlnl mmi W p4+A%Lded Mt ik City I F.rigam nn 4Lmvr Sumc4'S ryas thmugh infillruhm ITEw6e5 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(APEX ZENITH—H-2025-0041) - 15- B lrrlh4k:IY F'awrr1L—for M7aLhL.g4l;mi.IiSL'ril and*mff wftick F;tiLrnaht+,Iwrd eaerld up tall,uLd of nLain hydLvlLx*3L1 MCNA Md IV bc.%UiLd aL s Nu pKtlrl.rChi s[ru"ueq%I u M.1+L hirL.buddrhy'S.car ntis.tra&roveP13 dC+rylls.fenm. mfiIllation trmchi:n-ILghL poky,ew.)to be bmlL 5richm the utiIiln casement. Gwrn1{'ciWitimsnf Approwmi I ApjJigmi Qa3LQai3r&anLr LY&CP and u-sct nLIUM siac aid Musing with ihr Public kkCCU Dacp viLul. k 2. i 3414117!& h L sLv COLL F k%WCL drL apphr l"I brc mbponsibJe Lo i.� i sww ci aoJ wafer maims ici arwl IFwAiihiii&%-k-k n1Lmi AMicaiuiray brcliµilk k a rcimburwmlrris agroxivmi 6'pr LsikWFi I urg 4mkw Gan,:n1 p4r W('641-3 3 T1W al+pli<ML shall VW ViLk ra.smcrpLsl fue all pabrrr warrt.-cr}.r I+rsral,s amidrt4 public liµhii4rF war LinOvkk 401 w'Akr yen IQ.f%r0 hYftn 1, SewVrw;[W 49 m4ni wM14a O'%ndjirs 4a 9.ww depth .SM211'411•:4)p drrp rrrlultl!o yl 11 rawmizal.-Ib21 PI a JO 11 cawimapl,and'}. , 11 a 43 f1 e7ECLri4nl Fripm n)p.nTw at 34rupwrvs4IFPtG.bw0wN.b4ildmK5.W pwi:5,Lnarh 3cc4pLw34 w El+ rrwzs,inpll ralli xi hrnrbca,li jrh I ides,ctr.l art L"11 withilt Lbr%MPRIy carrmcwl 4ubihit an ctccuicd rascrncm qcm the farm atonable from Public>f'uka a legAil dxscnption prepared b%, -LrI 11uhu Lr.�ca►d ISoeesnrinol.Lund SMINCyCit,w11iC-bMLLaL include pie jorAaIhe cmwinwaL i m orLcd Eli H1B1T 41 and an%1'2"% I i"mnp aich bcarrng end divmm I mzkcd EXHIBIT OP fur is icU 13ci113 ciLWIDILi tlml.hr sailed,sighed and dacd by a Mlicu inaad Lid Swr "m.W NOT RECORD. I a. f1rr L'sLy of MaMLiaa rugMI!Cr Lhal.p�sr.GhMd aYIISI IWl.s AeiaL hr srrJLp&W by S yra,11MIEld sounee afi*ucr Ll:DC I L-30fi3 T1Lt appiicanL sftbuld th'lequirrd co-Lies any elrisaifir strrfxc cw well walcl for 1lr prusury wftc, 11 a ma Li4u at well sruwee is wii&%3iJahle,a sr3g1c-rxMt covmrcdca to%1W eul.Ilar4*aw ownemi dul I he ngmrcd If n}iakdi;-pcum goitpL'LLkv is Lniltlad. We dcvL!iU ;r a Llt be Lusporuuhie fur me pi}inLau td k,.ci murg.,fur thu oomtom areas prsor Lu PhwPI IL5 1ctLL1% Pg dr,elk,prrWHI FA an a.I), al S Arry-scnxvi1*w5 Thal arc ollowtid,n rCrmnLn a6n11 be si*coJ t4 v4-A ulw and Pav-4c roassa{rr mcal ofwrrl eddrn>4ng b k-in cvmpllancv a rlh MCC Ifil. ALI amlinmton dltdieCclIL115.lilarals.or drains.vrIu vrQFlulsral wilvw vs.amer-eclmll_ CMurLM of la}'rw*nd warn.lid cnaciIcwur io Lhw qua Nring suhdl shded shIl k akddm"M Fr VEK-I I-M{ 1n prr O-Hng axh cork Ma appliGao-1"R c�xRpIX w-iLh rdehQC't4r 43-1ZI acid illy othri appl Iradlr law of Lrgrrlr brY �. clot}wdLs Lhai wilt nQL L`Mlinlitlo W Oa mlr5l bC prvprdy abaadorrrd mcording L6 Idaho Well [-u UkLxlwn%uadJaa&Rales M&Lim wL wd Ls the ISuha tA'pulLdrio of yk'airr Rswarrcc % 'k1w Dc+:rloprt's Enpiilmsilall pro%W aclainmenc addtcssiu xkh wr Mxream am cxi5dng avft irk drvul the upmul an d n su d if huw tluc}wi 11a timLLr to be used,iRpeu%hdc�Id of Lbeie 2lioa laIi;nM1 Ni Ait}"iLbag sq)IiL:'t1siL—m widall.Itthl pLL LTE 401 be rkmm ed fn)3LL wnt::L'pa('Jh(ki1iounce SNLnm a14 kJ u+9 ConILL C'4,LIol U,llrict Jlralllt:kW 1NnJi-iananl IwOr time;utd L arl�GLi4>•LF I'2UJi I.}7a,�a 3 1 NJ ALI imps i;!rrw rti idaitd w puNic iifir_wki}acid hualm.hall hs gomplewd lvgrrlo rreupa cv oil'Ike slrach cs III hpldicml shall Tr rrquitrd in pw public W do d�Pv Vrarn1 TAM t[ icw alsd mneinrelroa LrtspMion fees as dr.L rmancd during ilkv plan rtwicu prnuis.Oaf io the inua a of a plat ztrarnl 101.0 I 1 14 sha11 br Me rrspansAbi.ln}ai'iK-aWic2ni 10CMILar IhoLall desrlopmonc teonurs oaaod widr Lhe kmencamo-wiIIL fksalvliIies Ai xW Lb,TOOL ikcmiap AG3 12.Applieam 4a1111e nspmribl4 kr opplicarlon and compliance Lktdh m.w SecdoD404 ki-mvaing lhnl mak Le rowira by d w 'Limy Tarps of T-.iL;wccm 13. DLNCIOp7 A1331 axild.rlt=.uadk1ax lxaw-u A"LhL*i•"im Poo Offim. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(APEX ZENITH—H-2025-0041) - 16- 14 1 .. : :.I... . .'1..II I., .J,,...I led 14111bc N1,...b.1. IL...:..ie.NS thetu Wall bw6diuf PLL&rlCiLISIECILe::._.:'-_..JL'iriLl.Ab,w kr )E wmouJLLukJLuph11maL,:nif. I� Tkr kiiiIr+. `L'I140I1 IY4t Ill;"Li ri 14 the L11r£1 ri-MM."k1kyalwa►WC ivl i m inLm urn 411'3-feel aPkive lhL�hnuhk!sl r;4aMil hed p%>L gn mldw-Aer clei•nbKpn thiN K W nLxax 16ni INC a,.rlsllh£3L"lw6h Or Slkr£rawI 11%r 9 4-1 hnlhm IF al l£tlrr 1-fr4L dba c. 16 '11.capp11,=k5&8iyni 4;rkj?pnvcr sh;il I lic rcWncitAuforkl*Te;immOfall impatMM and in dhmupl ixLl uy N ILhrrl ft%plvriL IlhoI do rant UN u der 111r ixn%dic6drl of an irrlwa wll d7wlo nr 4CHD.7h1:dcsip crkFk LcT shn11 pm;kdc rrnFfiraclal%dlai 1ha farlLilirs f1nTc born 1n5wlicd sq .wom1f uw wnh Ihr approved d[Slbh plahs 1111i 4£11r11CaF0II 1„11 bC ntIvlLCd b I'V i CLillt'ICiK ofimupwy 4i immd fo7 any micrums n k4irk be"m 1' AL dw aoVlrtmx of Lhl!MJacL dre applk vet LLil1 k ru4mi sahic Io suhh11L rit orrl draw dns pcf Ilk Coy ofMcFidior•AigmCAP mw4ar& Thrm rrwd dn-iw rn;M he ncer+cd'7d ii;pM% d vnix in Lk inuxtct or a azi hL=�iaa or wodpan,:�iot an}SirLxlul rL w,LLM d L}L kc pdu� IM A a1aaN 14hi plan YLd.1Lk111e1 14 inc1Lk&d..I I .;.%rL c M44I!LlrlxFn Ir1an-.y vlr4'4111g111`.1m rr�LurenLmLa arc Llslyd in aerlx n-t t.I'Ih6]I.,. s e.-ie1rl%Inch d%r�r%&c i LrgFLmS A cugw of Ihr 41apJArdi cud be kwAd n ;.. :, :y k l.r_titatt u t?iel'•'7 14. the Crkv of Mcridiam eeyurex LbJL Ih: =1k L la+:rLL f,rlr a pedLmmanrr%urcLy a Lhc wu6Lml Of I:!".of LIIL k+Ial COIL+MU014"00-5 I- ..+IkcvtlApk-w x ci.+'Ilici 110 mint Pe &-Ic1Ivt1rr4 priAm to fioaJ JLad Ri vwmluLc ThLt faoeip%%.i i hL SCr16cd by a 11nc 11L'r9 LcM esLIma1L'Tiumbiled Ills' 1h.1'11*11 r wr AtCi Li 111r wJhit Own brt pLwAL•d in Ihr flkHik of m Ifkr evnKe lieur rd oxLdrl.eaA d4pwM m hmld A ppfllcDm mLisr kllc#L mpp11G1dww for smwy.winch earl*dowai nn 1hv owriiiiil11Y rk-Lt1l.pes ,n w w1rlim wrimiu Plc4w comuI I and l7u,6rlMicell S"n i+r Yud rno*e lnfi:%m wn m U7.::J G hl Ilk ULLy of M01d ILN 1124M a Kral lbe L.nter paC Lb ltl f AV d M Jrlrarkly luft N Ih 111.3111vuhl rf 2R'Lof Ibe w aFrnnyrurlim cost WQ11 QM*wdI`srwLY-walcr and NNIF4 inf*asinic-Lurr for durbimml 44 mi1 YL•aas I}A 14 3 SIMMY 14 151!irrlYJcd 43 t Iknr ICEM L.VSI 0LIMaLe fe0{'"b5 116C a w w io Ow'7I1v.T1x L11reR-'an br Irrr°11nd IIr dK fr.rrll of an iffFuvK3h1c 14r.i er of rwSic.{Sill depaml cm bond.Appflcam nkuA Ilk m appheaulm J ve Nuhay,,utuCb wall.Lx fuuad um 11bc Comm Lpniiiq fktielafkmcln Depmmcc webailc Ple-sic Qo LI u I Tnd Mnclop ivii. mior rm nlurc lnfL.nLaLr a1 ux 7-45J L. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(APEX ZENITH—H-2025-0041) - 17- C. Meridian Park's Department �E IDIAN• Parks arid Werrxtumn Revlewar: Kim Warren}pathways Project Manager Plarmr Asslgrwd: #,lick Napoll project Name: Apex-2enit t Rle Na;+2025•0041—PP Omni, 9-0.2025 The following will be required for development of the proposed project; CONDITIONS OF APPROVAL-PATHWAYS 1, The project developer shall design and construct mutd-use pathways aonslstent wlth the location ane specificatlons set forth irl the Merldian pathways Master Plan Map and Master Pathways Plan DDeuffient Chapter 3}, Any proposed adjustments to pathway Agnment shalt be coordinated through the Pathways Project Manager. 2. Prior tofinaIplatappro aItheapplirantShalIdedicateapublicaroesseasemertforfarwidedatathedrnuO& use pathways (concrete sidewalks) along E. Lake Hazel Rd., S. Meridian Rd, and the mid-m le tvllectur roadway and roundabout at the east edge cf ttie project. Easements shall be a minimum of 14'wide(14' pathway+Vshauldereachside)- Easement need only bp.dedica'edtGr multi-use oathwaysthatlwmilwdi the pubix ROW. Use,5 Vndvwd City wrrmpkrre for pubiic access eoserrwnr. Subrrrit ail easerrwrpts imAne through CNhwWS Access ParW. 3, Construct multi-use pathways per paving section based on existiing site conditions as recemmended by project civil engineer in accord with UDC 11-3A-9 and 11-3�12, Prior to final approval the applicants engineer shall Provide written documentation�starnped plans depicting recommended paving sectiony that the Pathway segment was constructed per the recommended specifications, 4. The owner(or represantative assoclation)of the property affected by each NUIr access easement shadl have an ongoing obllgzbon to maintaln the multiuse pathway. 5. Project developer shalt be responsible for pbtaining Ii[en5e agreement and ether permi5sipn(o as requred fpr Gprt5trVrtir15within or prrgzs irrigatipn district 4 a4Went25. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(APEX ZENITH—H-2025-0041) - 18- D. Boise Project Board of Control(Irrigation District) RICHARD WURF.MTIC OPERO-TNOA EMCYFWW ! M ChrV rfTk Oa4111 max hNe+HO F PROJFCT BOARD OF DNTROG 1NGAON G1NUI Glh SHRBOH ,F,E Qa ri#DpAnp W:NWERLY EC49E LIB PECL WATk N FRO T} ROBERT 0.CARTER 21E5 OVERLAND ROA5 rw�r_i LL;uu en PDT.�r+'r�iT+RYJ754 NA PJ.W A DW*G*MIICr 004SE-KtM CWM7C THOM S Rn7HAL£R 7A.CFR r}kY7y0I A$vbrANT PP{LFGT RVMWaR W-W Y*M Qmtf APRYL UARONER St P-rANY-1 NL'4"t:H MARY SUE CHME TEL fAM WA v,r AFCAFAMT$ECAETA'' TWARRFA 21 Octobcr 202S FAX:IfarFw4oar City Clerk's Office 33 E Broadway Avenue Meridian ID, 93642 RE. Apex 74rlitlt PP H-202541041 RECEIVED E Lake Hazel ulna South Meridian Rd, Meridian kiois&-Kona Irrigation Distract BK-14C, OCT 2 � 20 Rawson Canal 259+-90 Sec_06,T2N,RIE.BM. Ctw OFCm.�M NI7YCLIERKS OFFICE Nick Napvh: There an. no Boise Project or Eloise-Kui7a Irrig2tion District facilities locatcd on the tIlwivc- mentioned property,however it dacs in fact possess a valid water right Per Iduha Statutes,TiOe 42,local krigationldrainagc 4i4:hcs that crops this pmperty,to serve rwillAndng pTppartio-% must r=ailk un0bstruCted and protected by an approprigW en MCPt by the 19n61r6'3rr, developer and ,onha4urr,. Landaxvn developer must do their due diligence ro oantaet all o+WWS of neiglrboruLg properties on this mat#cr Slsjrrn Drninape andlar Street Runoff must be retained on�iie. NO DISCHARGE into the lave irrigation Svsterrr i&Vgni't FI wreas this proAer1Y Iies_w4.b,, lha Bozsa-Kyna frrfparion District it is impwlaul thou rexrreserrjafiver ofrhia danLloprrre l caruacl their ofli res sac}+t asas2ro-ssihie to discuss the pressT�tr syslerPR nri+r.li�crrry as��v d�ksl t work_ If a plfgable, the irrigallon syslem will crve c+_ brlfl to -Veri is Qm ei Jeatlorrs as se! lice D r -�J L cr. rillerr co loll From 1he Balsa-Kyota Innt alion District and Ike City of Mertal gn 4 rvqjLl! ax in who wilf awn and vperale the irrip#dlon.tmlem. If Me district is to op #-!t4 overale ibis yressnrr ed kntffj2dqn system, Boise Pru'ec1 PjAyrd A C'onurol willjeuuire a set ofi9litrry N Sew to Jltrr,Wone w,Civil server Consrrh'arrls,hx- at I�00 Ff t rtohvt:r Sireehf,Meridian,Idaho 83642-3913 for his +-eviehv,ewlippepts and appa L+r 'Phis development is subject to Idaho Code 31-3805,in meordanoe,this oRiee is requ #i1tg a full- sizz hard copy of the irrigation and drainageplans. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(APEX ZENITH—H-2025-0041) - 19- E. Ada County Highway District(ACHD) Miranda Gold,Prrrsidcnl ,4lrixls Pldoriring,Vera-Rrritid�unl ACHDIC�rrt Galdkharpa C«nttw000r�ar� haw WWriey.[pmrtrcporwr Patricia Nilson,Commi"imm September 22,2025 To: Amanda McNutt,via email Brighton Corporation 2929 W Navlgalor Drive, Sulte 400 McMdiian, ID 83642 Subject: MPP25-0023!H-2025.0041 Southeast Comer of Lake Hazel Road and Meridian Road Apex Zenith Phase 1 This is a staff level approval of a preliminary plat for Apex Zenith Phase 1- On August 26,2025-the Ada County Highway District naviewed and approved this site as part of MER28-00801A-.2025-0078 Costco al Meridian for a new warehouse, fuel facility, and distribution center on 23-6-a0res. The site-spe&k conditions of appnyval also apply to MPP25-0023M-202"041 Apex Zenith Phase 1 for the developnwnl of 7 o nommrdsl lots. The applicant will be required to pay all applicable platting and review fees prior to final approval It you have any questions, please conlact me at{208)387-6391- Slncerely, "149- , lCaraLeigh Troyer Planner Development Services cc: City of Marldlan(Nlck Napoli),via email FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(APEX ZENITH—H-2025-0041) -20- F. Idaho Transportation Department(ITD) Charlene Way From: Kendra Conder<Kendra.Conder@itdJdaho.gov> Sent: Monday,October 2a, 2025 8.59 AM To: Clerks Comment Subject: Apex Zenith PP H-2025-0041 External Sender-Please use caution with links or attachments. Good morning, ITD has reviewed the application transmittal for H-2025-0041 and does not have any comments.The Department is workingwith the applicant to finalize a STAR agreement,which will facilitate transportation improvements forth is site. Thankyou, Kendra Condor District 3 1 development Services Coordinator Idaho Transportation Department Office:208-334-8377 Colt:208.972-3190 7 V. FINDINGS A. Preliminary Plat and Short Plat(UDC-6B-6) In consideration of a preliminary plat,combined preliminary and final plat, or short plat,the decision-making body shall make the following findings: 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; The City Council finds the proposed plat is in conformance with the Comprehensive Plan and will be consistent with the UDC if the Applicant complies with the above-noted conditions. The commission finds the proposed plat is in compliance with the Comprehensive Plan due to no change in the existing zoning and providing pedestrian connection through the commercial subdivision. 2. Public services are available or can be made available ad are adequate to accommodate the proposed development; The City Council finds public services are currently being extended and will be available to serve the site and will be adequate to accommodate the proposed development. 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; The City Council finds the proposed plat is in conformance with scheduled public improvements in accord with the City's CIP. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(APEX ZENITH—H-2025-0041) -21 - 4. There is public financial capability of supporting services for the proposed development; The City Council finds there is public financial capability of supporting services for the proposed development. 5. The development will not be detrimental to the public health, safety or general welfare; and The City Council finds the proposed development will not be detrimental to the public health, safety or general welfare. 6. The development preserves significant natural, scenic or historic features. The City Council is unaware of any significant natural, scenic or historic features that need to be preserved with this development. B. Private Streets In consideration of the private street application the decision-making body shall make the following findings: 1. The design of the private street meets the requirements of this Article; The City Council finds the design of the private street meets the requirements listed in Article A of the private street code. 2. Granting approval of the private street would not cause damage,hazard, or nuisance,or other detriment to persons,property, or uses in the vicinity; The City Council finds the proposed private streets will not cause damage, hazard, or nuisance, or other detriment to persons,property, or uses in the vicinity. 3. The use and location of the private street shall not conflict with the Comprehensive Plan and/or the Regional Transportation Plan; and The proposed access points to arterial roadways were previously approved by City Council with the Apex Zenith application (H-2024-0052). Due to the previous approval, the City Council finds the private streets do not conflict with the Comprehensive Plan and the Regional Transportation Plan. 4. The proposed residential development(if applicable)is a mew or a gated development community,promotes infill, or is a planned unit development. v1. Not applicable. The proposed development is not residential. ACTION A. Staff: Staff recommends approval of the proposed preliminary plat with the conditions listed above in Section V. B. Commission: The Meridian Planning&Zoning Commission heard these items on November 20t'', 2025. At the public hearing,the Commission moved to recommend approval of the subject preliminary_plat requests. 1. Summary of Commission public hearing_ a. In favor: Amanda McNutt b. In opposition: None c. Commenting: Amanda McNutt d. Written testimony: None e. Staff presenting application:Nick Napoli f Other Staff commenting on application:None FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(APEX ZENITH-H-2025-0041) -22- 2. Key issue(s)of public testimony a. None 3. Key issue(s)of discussion by Commission: a. The Commission discussed the proposed subdivision and the timing with the larger Apex Zenith Project. However,there were no concerns with the proposal and the Commission recommended approval of the application. 4. Commission change(s)to Staff recommendation: a. None 5. Outstandingissue(s)for City Council: a. None C. City Council: The Meridian City Council heard these items on December 16',2025. At the public hearing, Council moved to approve the subject preliminary plat request. 1. Summary of the City Council public hearing: a. In favor: Amanda McNutt b. In opposition: None C. Commenting: None d. Written testimony: Amanda McNutt: Asking for condition#5 to be struck from the record. e. Staff presenting application: Nick Napoli f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. The applicant requests condition#5 for cross access be removed from the staff report. 3. Key issue(s)of discussion by City Council: a. The City Council discussed the cross access condition and determined cross access is not needed at this location. 4. City Council change(s)to Commission recommendation: a. Remove condition#5: Use a shared access point between the Costco Fuel Station and Lot 4, Block 1 off E. Tower Lane as depicted on the CZC for Costco A-2025-0078. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(APEX ZENITH-H-2025-0041) -23- EXHIBITS A. Project Area Maps (link to Project Overview) 1. Aerial V11. Legend k Project Location _ Area of Impact OAnalysis N;x, i � 7 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(APEX ZENITH—H-2025-0041) -24- 2. Zoning Map Legend ® Project Location Area of Impact RI , O Analysis TN-R R-2 R-8 RUT R-4 R-2-R--12 R-8 i R-15 i R-15 UEC-C R-6 RR C-G RUT C-2 p R-a 3. Future Land Use Legend ®® Project Location m - Area of Impact O Analysis J ® Medium Density Residential .......... High LB Density 1 09 Residential MU-RG t— MU-C EREH 1 H Med-High Density Residential Low Density Residential E � FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(APEX ZENITH—H-2025-0041) -25- 4. Planned Development Map Legend i ® Project Location _ .r Area of Impact 1 ® v City Limits Planned Parcels �� 1 1 _ O Analysis r ' IMP 1� 1 77T I 1 1 1 I' 1 1 1 1 -- L 1 1 IID l-� ------1WT�7 1 1 ITIUEH 1 I ` 1 i 1 1 1 _ �1--------- FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(APEX ZENITH—H-2025-0041) -26- B. Subject Site Photos FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(APEX ZENITH-H-2025-0041) -27- C. Service Accessibility Report PARCEL S1406223020 SERVICEACCESSIBILITY Overall Score: 19 6th Percentile Location In City Limits GREEN F Extension Sewer Trunkshed rnains < 500 f.from parcel GREEN Floodplain Either not within the 100 yr floodplair.o• _ __~__ GREEN Emergency Services Fire Response time < 5 min. GREEN Emergency Services Police Not enough data to report average response time RED Pathways Within 1/4 mile of future pathways -E--O'N Transit Not within 1/4 of current or future transit route RED Arterial Road Buildout Status Ultimate configuration(#of lanes in master streets YELLOW plan) > existing (#of lanes) &road IS in 5 yr work plan School Walking Proximity Not within 1 mile walking RED School Drivability Not within 2 miles driving of existing or futures€hool RED Park Walkability No park within walking distance by park type RED FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(APEX ZENITH—H-2025-0041) -28- FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(APEX ZENITH-H-2025-0041) -29- D. Landscape Plan(date: 8/27/2025) ZENITH SUBDIVISION PRELIMINARY PUTT pp MERIDVW,IDAHO kl� �a r - -- ---- a mrlmuuX a�^-^"-- ok Q 0 ice^ � 1 [��•enn' ...---� I m LAND-WME COVER E ,,-�W.e � IEXRH SI1B[N4610X ok.m - IP110-- FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(APEX ZENITH—H-2025-0041) -30- - c •xv=aaaawa..:s.e:srd I i •�•sieKs;�x•ux�•-•. r qua west L.-02.s, i I ----------- �• xExnN weorwsnr yam.•-.�. ; _ Mcwoux,io LANI)KAPE PE14H - - --�- � — Y IAI20 MEME '71 in'a" :�. :e T .� —.m Mir � MEN 03: I I — all - i �;. ---�---- •'- xEHm orinsnr we —I �nioiar+,io lam. �1 L1lN�5CRPE PU4N PP110 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(APEX ZENITH-H-2025-0041) -31- E. Preliminary Plat(date: 9/18/2025) FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(APEX ZENITH-H-2025-0041) -32- ZENITH SUBDIVISION PRELIMINARY PLAT A PARCEL OF LAND BEING A PORTION OF tOTA OF SECTION 6, TO.NS111P 2 NORTH,RANGE 1 EAST,BOISE MERIDIAN,CTCr OF MERIDIAN, ADA COUNTY,IDAHO ----- I 'I o ❑ v � w .�� Qr.. i — v II I I I � II I 411' '-__.-- I I uHrmsuwlvlslon w� E I rnDuolAal.Io MATCH LINE SEE BELOW RIGHT �S I a 7. a .o ! o EL>I L f Al ' I MATCH LINE- SEE ABOVE LEFT L C P�/V4�,1�!l��ilwff�T�,�SiLTr• IEH HH - - ai>t ME NDIAN,ID SH901VISIOH km FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(APEX ZENITH—H-2025-0041) —33— F. Conceptual Building Elevations i y FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(APEX ZENITH-H-2025-0041) -34- G. Street Section Exhibit �A6. - o as G rr wns.w mux.FMJ1 0 xo smr w.rc woort ,n w G o� � mP•�'� ar n r r.A m��iw r�.rx � aowrcMo w+ares PRIVATE STREET SECTION A (S. MOMENTUM LN., E.TOWER LN.J_ SCALf-NTS km� 3mm EXL0 i s F 9 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(APEX ZENITH—H-2025-0041) -35-