HomeMy WebLinkAboutZ - Approved Findings CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW E NDIAN�
AND DECISION& ORDER p
In the Matter of the Request for Annexation of 2.0 acres with the R-15 zoning district to construct
nineteen(19)multifamily units,and one vertically integrated residential building consisting of 7,987
square feet of commercial space,and four(4) residential units.Both uses required a conditional use
permit in a proposed R-15 zoning district,by Shaun Wardle and Jason St. George.
Case No(s).H-2025-0004
For the City Council Hearing Date of: March 10th, 2026 (Findings on March I7th 2026)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of March 1 Ot', 2026, incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of March 10', 2026, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of March 1 Otn
2026, incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of March 10',2026, 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(LC. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified as
Title 11 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.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(ST.GEORGE-H-2025-0004) - I -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of March 101}i,2026, incorporated by reference. The conditions 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 § 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 annexation and two conditional use permits are hereby approved per
the conditions of approval in the Staff Report for the hearing date of March 101}i, 2026, attached
as Exhibit A.
D. Notice of Applicable Time Limits
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
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 §§ 67-6521(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 March 10',2026.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(ST.GEORGE-H-2025-0004) -2-
March
17th
By action of the City Council at its regular meeting held on the ___________ day of ________________,
2026.
COUNCIL PRESIDENT JOHN OVERTON VOTED_______
COUNCIL VICE PRESIDENT ANNE LITTLE ROBERTS VOTED_______
COUNCIL MEMBER DOUG TAYLOR VOTED_______
COUNCIL MEMBER LUKE CAVENER VOTED_______
COUNCIL MEMBER LIZ STRADER VOTED_______
COUNCIL MEMBER BRIAN WHITLOCK VOTED_______
MAYOR ROBERT SIMISON VOTED_______
(TIE BREAKER)
John Overton, Council President
3-17-2026
Attest:
_______________________________
Chris Johnson
3-17-2026
City Clerk
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
3-17-2026
By: _ __ Dated:
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FOR (ST. GEORGE H-2025-0004) -3 -
Exhibit A
COMMUNITY DEVELOPMENT
E IDIAN�-
DEPARTMENT REPORT
HEARING 3/10/2026 Legend
DATE:
Project Location '�!+
TO: Mayor&City Council :::Area of Impact Ilk
�= City Limits
FROM: Nick Napoli,Associate Planner O Analysis
208-884-5533
Nnapoli@meridiancity.org ---,-_--
APPLICANT: Jason St. George S
SUBJECT: H-2025-0004
St. George ,
LOCATION: Located at 3870 E. Overland Road and
1545 S. Topaz Avenue in the SE 1/4 of the
SW'/4 of Section 16, T.3n.,R.IE.
I. PROJECT OVERVIEW
A. Summary
Annexation of 2.0 acres with the R-15 zoning district to construct nineteen(19)multifamily units,
and one vertically integrated residential building consisting of 7,987 square feet of commercial
space, and four(4)residential units. Both uses required a conditional use permit in a proposed R-
15 zoning district.
B. Issues/Waivers
NOTE: Staff supports the proposed mix of uses on the site, however the proposed
development cannot be supported by staff because the site isn't large enough to
accommodate the proposed use and meet all the dimensional and development regulations
in the district, as follows:
for-the r-esidenees to use in the multi family portion of the property. Currently,they are
proposing 68 square feet,below the r-equir-ement in the UDQ
Water main plaeement on the west side does not meet the required 4' setbaek from t
euFbg, inadequate sepaFation&om the infiltration tr-enel*5 fire hydFants not shown,
. . - nent and spaeing eoneeF 5 easement area limits the ability to m
landseaping and tFee requirements.
the easement is not allowed,pFeventing eomplianee with UPC 44 3B The multifamily buildings do not meet the 80 square feet of private usable open spae-e
- The open space proposed for the development does not meet the standards of the Multi-
Family Specific Use Standards.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(ST.GEORGE-H-2025-0004) -4-
- The landscape buffer along Overland Road does not meet the water conserving design
standards,which then does not justify the 50% reduction in the landscape buffer.
- The application lacks critical comprehensive plan elements such as functional
integration, a regional park to support recreational needs, and future integration with
neighboring properties.
- Multiple alternative compliance requests will be necessary to accommodate the project
on the site. The first involves reducing the required landscaping adjacent to the drive
aisle from five(5)feet to two(2)feet, and the second involves decreasing the private
usable open space requirement.
C. Recommendation
Staff. Denial
Commission: Approval
D. Decision
Council: Approval
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(ST.GEORGE-H-2025-0004) -5-
II. COMMUNITY METRICS
Table 1• Land Use
Description Details Map Ref.
Existing Land Use(s) Residential (Single Family) -
Proposed Land Use(s) Residential(Multifamily) and Commercial -
Existing Zoning R1 in Ada County VII.A.2
Proposed Zoning R-15 (Medium to High Density Residential)
Adopted FLUM Designation Mixed Use Regional VII.A.3
Proposed FLUM Designation Mixed Use Regional
Table 2: Process Facts
Description Details
Preapplication Meeting date 1/7/2025
Neighborhood Meeting 1/7/2025
Site posting date 2/27/2026
Table 3: Community Metrics
Agency/Element Description/Issue Reference
Ada County Highway District IV.D
• Comments Received Yes; Staff Report -
• Commission Action No -
Required
• Access Arterial: Overland Road -
Local: Topaz Avenue
• Traffic Level of Service Overland Road: Better than"E"
ITD Comments Received Yes: No comment -
Meridian Fire -
• Response Time 5 Minutes or less
Meridian Public Works -
Wastewater
• Distance to Mainline Available at the site
• Impacts or Concerns Yes,the landscaping within the sewer easement does
not permit trees or larger plants. In addition,no
permanent structure can overhang into the easement.
Meridian Public Works Water -
• Distance to Mainline Available at the site
• Impacts or Concerns Yes,the water main on the west portion of the site
does not meet the requirement for the 4' off the lip of
the curb.Water main separation from the infiltration
trench is still an issue that is critical to the
development's functioning.
School District(s) No Comment -
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(ST.GEORGE-H-2025-0004) -6-
Figure 1: One-Mile Radius Existing Condition Metrics
Reference Parcel:R4626240450 Date Retrieved:2025/3/3
Parcel Count Parcel Acreage Infill Indicator:
Surrounding Area
86 ^ 241
18 alp Not City
0 In City Limits
1,908
1,121. F1 Not City
Household Change Household& Population Growth
■
Households 02020
Population Change:9.6°I°
Population ■Growth
(Household and Population Change
since 2010 Decennial) 5,000 10,000 15,000
Use Types Residential Addresses All Addresses
■ Single-family
44%: 27
Multi-family 32%
6 41%
® Commercial
Figure 2: ACHD Summary Metrics
Level of Service Planning Thresholds
1. Condition of Area Roadways
Traffic Count is based an Vehicles per hour(VPH)
Roadway Frontage Functional PM Peak Hour PM Peak Hour
Classification Traffic Count Level of Service
Overland Road 208-feet Principal Arterial 927 Better than
Topaz Avenue 102-feet Collector N/A WA
• Acceptable level of service for a five-lane principal arterial is "E" (1.780 VPH)_
' Acceptable level of service for a two-lane collector is V' (425 VPH).
Figure 3: Service Impact Summary
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(ST.GEORGE—H-2025-0004) -7-
ImpactService . .
Ready
Marginal
Caution
arse ��et \Qoa �,te o\`uz s'aAy �ry�� `�`or �a\� e '�a��
006
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(ST.GEORGE-H-2025-0004) -8-
III. STAFF ANALYSIS
Comprehensive Plan and Unified Development Code(UDC)
A. General Overview
The Future Land Use Map(FLUM)designates the area proposed to be annexed as "Mixed-Use
Regional," which 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 site is currently surrounded by R1 residential county properties to the north and west,with an
annexed resident to the east, and a mix of commercial and multifamily in the surrounding area.
Additionally, commercial space is located at the north end of S. Silverstone Way, including a Top
Golf facility, commercial office,restaurants,and Eagle View Apartments comprising 396 units.
To the south, directly across Overland Road are Silverstone Apartments, consisting of 112
residential units, and Movado Village Apartments, consisting of 60 residential units. Furthermore,
the property on the northeast corner of S. Topaz Avenue and Overland Road is a recently
approved multi-tenant building with a restaurant located in the C-G zoning district.
The project should reflect positive integration with surrounding properties by offering a balanced
mix of residential,commercial, and recreational spaces that support the region's broader
development vision. The purpose of the MU-R zoning is to foster community and improve the
area's overall functionality
The applicant is proposing nineteen(19)Multi-Family Residential Units, four(4)vertically
integrated residential units, and 7,987 square feet of commercial space across two(2) acres of
land. The vertically integrated building is proposed fronting on Overland Road and has four(4)
residential units above 7,987 square feet of commercial space. The applicant states that the
development is providing a mix of housing types,promoting connectivity, and encouraging
walkability and efficiency through vertically integrated uses. In addition,the applicant has
provided 8,330 square feet of open space and amenities in the form of a barbecue grill with a
picnic area,pet waste station, and bike repair station.
While the proposed project offers a mix of uses consistent with the MU-R FLUM designation,
staff has several concerns. These include insufficient parking, limited functional integration, and
the absence of a regional park to support recreational needs. There are also concerns about future
integration with neighboring properties and the lack of adequate connectivity,conflicting with the
MU-R's goal of fostering a walkable community where residents can live,work, and shop
without heavy reliance on driving.
The MU-R and Mixed-Use Integration Standards in the Comprehensive Plan discuss having a
larger concept plan for the surrounding area,which staff has asked for but has not received from
the applicant.While we understand the applicant owns only the two (2)parcels included in this
application, it is important to show how this development can integrate with future development.
This design element is critical to showing meaningful functional integration.
Furthermore,there are approximately 560 multi-family units already within the vicinity of
this proposed project.A proposed multi-family and vertically integrated residential project
was proposed to the east along Overland Road(Rolling Hills) and was denied by the City
Council.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(ST.GEORGE-H-2025-0004) -9-
Table 4: Proiect Overview
Description Details
History N/A
Phasing Plan The applicant has indicated that the entirety of the site
improvements will be completed with the Vertically Integrated
building, and the multifamily will come after the VI building.
Residential Units 23 total units: 19 Multi-Family and 4 Vertically Integrated
Open Space The development is less than five (5) acres, but still needs to
provide open space due to the multi-family standards.The
applicant is proposing 8,330 square feet of open space when 5950
is required. However,the open space south of Five Mile Creek does
not exceed twenty feet in width, which does not allow for it to be
counted.
Amenities The applicant is proposing a barbecue grill with a patio area, a pet
waste station, and a bike repair station.
Physical Features The north portion of the site is encumbered by Five Mile Creek.
The applicant will be required to meet the requirements for the
floodplain.
Acreage 2.0 Acres
Lots 1 lot
Density 12 units an acre
B. Site Development and Use Analysis
1. Existing Structures/Site Improvements (UDC 11-1):
The current use of the property is residential with several existing buildings on the property.
The property consists of two homes and two outbuildings. All structures will be removed,
and the existing well and septic system will be abandoned as required.
2. Proposed Use Analysis (UDC 11-2):
The proposed uses of Multi-Family residential and Vertically Integrated Residential Projects
are conditional uses in the R-15 zoning district.
3. Dimensional Standards (UDC 11-2):
The proposal does not meet all of the dimensional standard requirements for the R-15 zoning
district.
The applicant has worked with staff on several rounds of revisions to try and make the site
meet all of the dimensional standards. To meet the drive aisle requirements,the applicant is
requesting alternative compliance to reduce the western landscaping adjacent to the 25-foot
drive aisle from five(5)feet to two(2)feet.
However, issues persist with landscaping inside of easements. In communication with the
Public Works Department, it was determined that a significant amount of proposed
landscaping will need to be removed due to easements encumbering the site. Staff is
concerned with this as the proposed development will not meet the landscaping requirements
in UDC 11-3B due to inadequate room on the site. Staff has discussed losing units on the site
to make adequate room for both the easements, separation, and required landscaping.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(ST.GEORGE-H-2025-0004) - 10-
However,the applicant did not indicate whether they would be supportive of losing units to
better accommodate the site.
In addition,the applicant is proposing water conserving design along Overland Road to
reduce the street landscape buffer by 50%;however,the applicant is not in compliance with
the water conserving design standards which makes it ineligible for the buffer reduction.
4. Specific Use Standards (UDC 11-4-3):
Multi-Family Development: 11-4-3-27:
Site design.
1. Residential buildings shall provide a minimum setback of ten (10) feet unless a greater
setback is otherwise required by this title and/or title 10 of this Code.Building setbacks shall
take into account windows, entrances, porches, and patios, and how they impact adjacent
properties.
The residential building complies with the minimum setback requirement of 10 feet.
2. All on-site service areas, outdoor storage areas,waste storage, disposal facilities,and
transformer and utility vaults shall be located in an area not visible from a public street or
shall be fully screened from view from a public street.
The site plan depicts screened trash enclosures not visible from a public street;all proposed
transformer/utility vaults and other service areas shall comply with this requirement.
3. A minimum of eighty (80) square feet of private, usable open space shall be
provided for each unit. This requirement can be satisfied through porches, patios,
decks, and/or enclosed yards. Landscaping, entryway, and other accessways shall
not count toward this requirement. In circumstances where strict adherence to such
standards would create an inconsistency with the purpose statements of this section,
the Director may consider an alternative design proposal through the alternative
compliance provisions as outlined in section 11-5B-5 of this title.
The floor plan depicts 68 square foot patios or decks for each unit that does not
comply with this standard. Staff is not supportive of reducing the private usable
open space for this project.
4. For this section, vehicular circulation areas, parking areas, and private usable open space
shall not be considered common open space.
None of these areas were used in the open space calculation.
5. No recreational vehicles, snowmobiles,boats, or other personal recreation vehicles shall be
stored on the site unless provided for in a separate,designated and screened area.
The Applicant shall adhere to this standard.
5. The parking shall meet the requirements outlined in chapter 3, "regulations applying to all
districts",of this title.
Based on the number of bedrooms per unit, a minimum of 43 off-street parking
spaces are required for the multi family residential portion of the site, which
includes two (2)guest parking spaces, 38 spaces covered by carports or garages; a
minimum of three (3) bicycle parking spaces are required.
According to the application narrative, a total of 43 spaces are proposed, with 38 of
those in a garage.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(ST.GEORGE-H-2025-0004) - 11 -
In addition, if overflow parking is ever needed, it would push residents and
commercial customers to park on Topaz Avenue.
7. Developments with twenty(20)units or more shall provide the following:
a. A property management office.Not applicable as the development is 19 units.
b. A maintenance storage area.Not applicable as the development is 19 units.
C. A central mailbox location, including provisions for parcel mail, that provides safe
pedestrian and/or vehicular access. Located in the open space on the north side of the
development.
d. A directory and map of the development at an entrance or convenient location for those
entering the development.Not applicable as the development is 19 units.
The development consists of 19 multi family units and does not exceed the 20
units required for compliance with these standards.
Common open space design requirements.
1. The total baseline land area of all qualified common open spaces shall equal or exceed ten
(10)percent of the gross land area for multi-family developments of five (5) acres or more.
This site is below 5 acres in size; therefore, this is not required. However, see number five
(S) below for additional open space requirements, as each unit is required to have a specific
amount of open space.
2. All common open spaces shall meet the following standards:
a. The development plan shall demonstrate that the open space has been integrated into the
development as a priority and not for land use after all other development elements have
been designed.Open space areas that have been given priority in the development design
have:
(1) Direct pedestrian access;
(2) High visibility;
(3) Comply with Crime Prevention through Environmental Design(CTED) standards;
and
(4) Support a range of leisure and play activities and uses.
b. Open space shall be accessible and well-connected throughout the development. This
quality can be shown with open spaces that are centrally located within the development,
accessible by pathway and visually accessible along collector streets or as a terminal
view from a street.
c. The open space promotes the health and well-being of its residents. Open space shall
support active and passive uses for recreation, social gathering, and relaxation to serve
the development.
Staff encouraged the applicant to provide as much open space as possible due to the lack of
a regional park in the area.
The applicant does not meet the standards listed above, as the primary common open space
along Five Mile Creek is not functionally integrated in the design and is not the priority in
the design of the development. The common open space does not provide adequate space for
a range of leisure and play activities without conflicts with either drive aisles or Five Mile
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(ST.GEORGE-H-2025-0004) - 12-
Creek. In addition, the bridge across Five Mile Creek may or may not be approved by the
Nampa Meridian Irrigation District, which is crucial to the open space proposed.
As a result, the applicant does not meet the purpose statement for the open space due to the
functionality of the open space not being a priority which is one of the reasons staff is
recommending denial of the project.
3. Alternative compliance is available for the standards listed in subsections (C)1 and (C)2
above, if a project has a unique targeted demographic; utilizes other place-making design
elements in Old-Town or mixed-use future land use designations with collectively integrated
and shared open space areas.
4. All multi-family projects over twenty(20)units shall provide at least one(1)common grassy
area integrated into the site design allowing for general activities by all ages. This area may
be included in the minimum required open space total. Projects that provide safe access to
adjacent public parks or parks under a common HOA,without crossing an arterial roadway,
are exempt from this standard.
a. Minimum size of the common grassy area shall be at least five thousand(5,000) square
feet in area. This area shall increase proportionately as the number of units increase and
shall be commensurate to the size of the multi-family development as determined by
the decision-making body. Where this area cannot be increased due to site constraints,
it may be included elsewhere in the development.
b. Alternative compliance is available for these standards if a project has a unique targeted
demographic; utilizes other place-making design elements in Old-Town or mixed-use
future land-use designations with collectively integrated and shared open space areas.
The submitted plans do not depict a common grassy area of at least five thousand (5,000)
square feet, as the development is 19 units and is not required to meet this standard.However,
there is no regional park in the area, which raises some concern from staff.
5. In addition to the baseline open space requirement,a minimum area of outdoor common open
space shall be provided as follows:
a. One hundred fifty(150)square feet for each unit containing five hundred(500)or fewer
square feet of living area. None of the units are below 500 square feet (sf.) of living
area.
b. Two hundred fifty (250) square feet for each unit containing more than five hundred
(500)square feet and up to one thousand two hundred(1,200)square feet of living area.
21 units are between 500 and 1,200 s.f.; therefore, a total of 0.12 acres (5,250 square
feet) of common open space is required.
c. Three hundred fifty(350) square feet for each unit containing more than one thousand
two hundred(1,200) square feet of living area. Two (2)of the units are above 1,200 s.f
of living area; therefore, a total of.02 acres (700 square feet) of common open space
is required.
A total of 8,330 square feet is proposed, which exceeds the minimum standards.
However, the proposed open space does not meet the standards listed above in
section two (2) of the open space requirements. The open space does not integrate
with the development to promote leisure and play activities without conflicting with
drive aisles and Five Mile Creek.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(ST.GEORGE-H-2025-0004) - 13-
Open space areas consist of half of the street buffer along Overland Road, an
arterial street, and linear open space along Five Mile Creek on the north portion of
the site. In order to count the buffer along the arterial street, it has to meet the
enhanced buffer requirements in UDC 11-4-3-27C.9 and 11-3B-7C.3f.
6. Common open space shall be not less than four hundred(400) square feet in area, and shall
have a minimum length and width dimension of twenty(20)feet.
The common open space areas depicted for the development do not meet this requirement.
The open space depicted on the south portion of Five Mile Creek does not exceed twenty(20)
feet in width.
7. In phased developments, common open space shall be provided in each phase of the
development consistent with the requirements for the size and number of dwelling units. Not
applicable; the development will be completed in a single phase.
8. Unless otherwise approved through the conditional use process, common open space areas
shall not be adjacent to a collector or arterial streets unless separated from the street by a berm
or constructed barrier at least four(4)feet in height,with breaks in the berm or barrier to allow
for pedestrian access.
9. Buffer(s): One hundred(100)percent of the landscape buffer along collector streets and fifty
(50) percent of the landscape buffer along arterial streets that meet the enhanced buffer
requirements below may count towards the required baseline open space.
a. Enhanced landscaping asset forth in Article 11-3B,Landscaping Requirements;
b. Multi-use pathways;
c. Enhanced amenities with social interaction characteristics;
d. Enhanced context with the surroundings.
The buffer shall comply with the enhanced buffer requirements as noted, except for a
multi-use pathway, which is not required because there is an existing sidewalk along
Overland.
Site development amenities.
1. All multifamily developments shall provide for quality of life, open space, and recreation
amenities to meet the particular needs of the residents as follows:
a. Quality of life.
(1) Clubhouse.
(2) Fitness facilities.
(3) Enclosed bike storage.
(4) Public art such as a statue.
(5) Dog park with a waste station.
(6) Commercial outdoor kitchen.
(7) Fitness course.
(8) Enclosed storage
b. Open space.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(ST.GEORGE-H-2025-0004) - 14-
(1) Community garden.
(2) Ponds or water features.
(3) Plaza.
(4) Picnic area including tables,benches, landscaping,and a structure for shade.
c. Recreation.
(1) Pool.
(2) Walking trails.
(3) Children's play structures.
(4) Sports courts.
d. Multi-modal amenity standards.
(1) Bicycle repair station.
(2) Park and ride lot.
(3) Sheltered transit stop.
(4) Charging stations for electric vehicles.
2. The number of amenities shall depend on the size of the multifamily development as follows:
a. For multifamily developments with less than twenty(20)units, two (2) amenities shall
be provided from two(2)separate categories.
b. For multifamily development between twenty (20) and seventy-five (75) units, three
(3) amenities shall be provided,with one(1)from each category.
c. For multifamily development with seventy-five (75) units or more, four (4) amenities
shall be provided,with at least one(1)from each category.
d. For multifamily developments with more than one hundred (100) units, the decision-
making body shall require additional amenities commensurate to the size of the
proposed development.
3. The decision-making body shall be authorized to consider other improvements in addition
to those provided under this subsection (D), provided that these improvements provide a
similar level of amenity.
The Applicant proposes the following amenities exceeding the requirement for two (2)
amenity points on the site:
Open Space: Barbeque with patio area,pet waste station, and a regional pathway that
will extend in the future.
Multi-modal:Bicycle repair station
Landscaping requirements.
1. Development shall meet the minimum landscaping requirements by chapter 3, "regulations
applying to all districts",of this title.
2. All street-facing elevations shall have landscaping along their foundation. The foundation
landscaping shall meet the following minimum standards:
a. The landscaped area shall be at least three(3)feet wide.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(ST.GEORGE-H-2025-0004) - 15-
b. For every three (3) linear feet of foundation, an evergreen shrub having a minimum
mature height of twenty-four(24)inches shall be planted.
c. Ground cover plants shall be planted in the remainder of the landscaped area.
The landscape plan depicts landscape areas at least 3' wide and evergreen shrubs every
three (3) linear feet and ground cover plants in the remainder of the landscaped area. This
is only required for the building that fronts on Topaz.
Maintenance and ownership responsibilities.
All multifamily developments shall record legally binding documents that state the maintenance
and ownership responsibilities for the management of the development,including,but not limited
to, structures, parking, common areas, and other development features. The applicant shall
comply with this requirement and provide said document prior to issuance of the Certificate of
Occupancy for the development.
Police access under exigent circumstances.
Multifamily developments with units that take access via secured common corridors shall install
and maintain a keyless entry system, or suitable alternative, to provide police access to the
common corridors under exigent circumstances. The keyless entry system or alternative shall be
subject to review and approval by the Meridian Police Department.
11-4-3-41: Vertically Integrated Residential Project
1. A vertically integrated residential project shall be a structure that contains at least
two (2) stories. The applicant complies with this standard.
2. A minimum of twenty-five (25) percent of the gross floor area of a vertically
integrated project shall be residential dwelling units; outdoor patio space on the same
floor as a residential unit may count towards this requirement. The applicant is in
compliance with this standard. The entire second story is for residential use.
3. A minimum of ten (10) percent of the gross floor area of a vertically integrated
project shall be used for nonresidential uses as specified in subsection E below. The
applicant is in compliance with this standard. The entire first floor is for non-
residential uses.
4. The minimum building footprint for a detached vertically integrated residential
project shall be two thousand four hundred (2,400) square feet. The buildingfootprint
for the vertically integrated building is 8,217 square feet, exceeding this requirement.
5. The allowed nonresidential uses in a vertically integrated project include: arts,
entertainment or recreation facility; artist studio; civic, social or fraternal organizations;
daycare facility; drinking establishment; education institution; financial institution;
healthcare or social assistance; industry, craftsman; laundromat; nursing or residential
care facility; personal or professional service; public or quasi-public use; restaurant;
retail; or other uses that may be considered through the conditional use permit process.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(ST.GEORGE-H-2025-0004) - 16-
The applicant acknowledges this and will be required to comply with the approved
uses. However, staff has concerns regarding the adequacy of parking for certain
potential tenants. Specifically, if a restaurant were to occupy the space, it could create
significant parking demand. While the applicant exceeds the minimum commercial
parking requirement by four (4) spaces, this surplus is insufficient to support the
intensity of a restaurant use.
6. None of the required parking shall be located in the front of the structure. The
parking is located behind the building.
7. A minimum of fifty (50) square feet of private, usable open space shall be provided
for each residential dwelling unit. This requirement can be satisfied through porches,
patios, decks, and/or enclosed yards. Landscaping, entryway and other accessways shall
not count toward this requirement. The Director may consider an alternative design
proposal through the alternative compliance provisions as set forth in Section 11-5B-
5 of this title. The applicant is in compliance with this standard.
C. Design Standards Analysis
1. Structure and Site Design Standards (Comp Plan, UDC 11-3A-19):
The proposed concept plan adheres to these standards: At least forty(40)percent of the
buildable frontage is occupied by building facades and/or public space; only one drive aisle,
with parking on one or both sides,is permitted between the building facades and adjacent
streets; and a continuous pedestrian walkway,at least five(5)feet wide, is provided from the
perimeter sidewalk to the main building entrances for nonresidential uses.
2. Qualified Open Space&Amenities (Comp Plan 2.02.00, Comp Plan 2.02.01B, UDC 11-3G):
Per UDC 11-3G-3,qualified open space is defined as active or passive open spaces.Any
open space that is active or passive in its intended use,and accessible by all residents of the
development, including,but not limited to: Open grassy area of at least five thousand(5,000)
square feet in area; Community garden(s);natural waterways, open ditches, and laterals,
protective buffers a minimum of ten(10) feet in width dedicated for active access along these
natural open spaces count toward meeting the open space minimum requirements;plaza with
a minimum dimension of twenty(20)feet in all directions and including hardscape, seating,
lighting in conformance with the standards set forth in section 11-3A-11 and landscaping in
conformance with the requirements set forth in Article 11-3B,Landscaping Requirements; or
linear open space area that is at least twenty(20) feet and up to fifty(50)feet in width,has an
access at each end, and is improved and landscaped as set forth in Article 11-313,
Landscaping Requirements.
Since this development is less than five (5) acres in size, it does not need to meet the 15%
open space typically required in the R-15 zone. However, since it is a multifamily
development, the following standards apply:
a. One hundred fifty(150)square feet for each unit containing five hundred(500) or less
square feet of living area.
b. Two hundred fifty(250)square feet for each unit containing more than five hundred(500)
square feet and up to one thousand two hundred(1,200)square feet of living area.
c. Three hundred fifty(350)square feet for each unit containing more than one thousand two
hundred(1,200)square feet of living area.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(ST.GEORGE-H-2025-0004) - 17-
The proposed project includes 8,330 square feet of qualified open space, 2,480 square feet
more than the minimum requirement. However, the location of the common open spaces
raises concerns about their functionality. The primary common area is situated along the
northernmost drive aisle and adjacent to Five Mile Creek, offering limited usable space for
resident recreation. Additionally, the Nampa Meridian Irrigation District has not yet
confirmed whether a pedestrian bridge may cross the creek; if not permitted, the majority of
this open space would become inaccessible and effectively unusable.
The applicant is proposing a bike repair station and a barbecue with a picnic area on a site
less than 5,000 square feet, a pet waste station, and a regional pathway that will be extended
in the future for a total of three and a half(3.5)points, which exceeds the two (2) amenity
points required in the UDC.
The Comprehensive Plan calls for developments to create safe, attractive, and well-
maintained neighborhoods with ample open space and a range of amenities that support
diverse lifestyle choices. Reducing or omitting these elements, regardless of the parcel's
shape or intended demographic, undermines the Plan's core principles and standards.
It's important to recognize that proximity to parks and sports complexes doesn't fully address
the need for accessible and usable open space within a neighborhood. The closest park is
Gordon Harris Park, which is a little over a mile away.In addition, the residents would still
face the challenge of crossing major arterial roads to reach these amenities. Pedestrian and
bicycle crossing of these major roadways adversely affects signal performance and signal
timing, and is one of the stated reasons for mixed-use area analysis to not include areas
bisected by major roadways. This can be a significant barrier,particularly for families with
young children, elderly residents, or those without convenient transportation options.
Staff has concerns with the location and functionality of the open space, as Five Mile
Creek and the northernmost drive aisle create conflicts for residents to use the open space.
Additionally, the plan indicates that a pedestrian bridge is proposed across the Five Mile
Creek. If this isn't allowed by NMID, it further impacts the viability of usable open space
on the site. The Planning and Zoning Commission and City Council should carefully
consider whether the amount and location of the open space is appropriate and whether
units should be lost to incorporate more.
3. Landscaping (UDC 11-3B):
i. Landscape buffers along streets
A thirty-five(35) foot wide street buffer is required along Overland Road,an entry way
corridor. However,the applicant is proposing a water conserving design which allows for
a 50%reduction in the width so the applicant is proposing an eighteen(18)foot wide
buffer. The landscaping within this buffer is required to be installed per UDC 11-3B.
The proposed landscape plan does not meet this requirement. The water conserving
design standards have not been met, which then does not justify the 50%reduction in the
landscape buffer along Overland Road. Without the reduction in the buffer, the applicant
does not meet the standards in the UDC.
ii. Parking lot landscaping
Landscaping is required to be provided along all parking areas per the standards listed in
UDC 11-313-8. The proposed landscape plan does not meet the minimum requirements.
Several planter islands and landscaping areas are missing trees or other vegetation due
to easements. The Public Works Department expressed concerns regardingproposed
landscaping and easement locations as there is also proposed landscaping
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(ST.GEORGE-H-2025-0004) - 18-
If approved, the applicant shall provide vegetation coverage calculations with the
submittal of the certificate of zoning compliance submittal and shall provide a tree in
each planter island. If a tree cannot be placed in a planter island due to an easement,
relocation of the tree elsewhere on site will be required.
iii. Landscape buffers to adjoining uses
Landscaping is required to meet the standards of UDC 11-313-9.
The landscape plan does not meet the minimum requirements for the zoning being
requested. The applicant cannot place trees in the landscaping on the west portion of the
site due to a proposed reduction from five (5)feet in width to two (2)feet in width.
iv. Tree preservation
Mitigation shall be required for all existing trees four-inch caliper or greater that are
removed from the site with equal replacement of the total calipers lost on site up to an
amount of one hundred(100)percent replacement(Example: Two (2)ten-inch caliper
trees removed may be mitigated with four 5-inch caliper trees, five(5)four-inch caliper
trees, or seven(7)three-inch caliper trees).Deciduous specimen trees four-inch caliper or
greater may count double towards total calipers lost,when planted at entryways,within
common open space, and when used as focal elements in landscape design.
If trees are proposed to be removed, the applicant shall provide mitigation calculations
with submittal of the certificate of zoning compliance application.
v. Storm integration
An adequate storm drainage system is required in all developments in accord with the
City's adopted standards, specifications and ordinances.Design and construction shall
follow best management practice as adopted by the City as set forth in UDC 11-3A-18.
vi. Pathway landscaping
Landscaping is required to be provided along all pathways per the standards listed in
UDC 11-313-12C.
The applicant does not meet the pathway landscaping requirements and shall revise their
site and landscape plan to reflect compliance with these standards.A minimum of ten
(10)feet of landscaping is required along pathways with no less than two (2)feet on any
one side.
4. Parking (UDC 11-3C):
i. Residential parking analysis
Based on the number of bedrooms per unit, a minimum of 49 off-street parking spaces
are required for the residential portions of the site,which includes two(2)guest parking
spaces,with 38 of those covered in a carport or garage. The applicant meets the minimum
requirements for parking.
ii. Nonresidential parking analysis
For the non-residential portion of the site, sixteen(16)parking spaces are required for the
parking ratio of one space per 500 square feet of gross floor area. While the applicant
exceed the parking ratio by four(4)spaces,restaurants will not be an allowed use as they
necessitate one space every 250 square feet which cannot be achieved. In addition, any
overflow parking will be pushed onto Topaz Avenue.
iii. Bicycle parking analysis
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(ST.GEORGE-H-2025-0004) - 19-
UDC 11-3C mandates one(1)bicycle parking space shall be provided for every twenty-
five(25)proposed vehicle parking spaces or portion thereof,except for single-family
residences,two-family duplexes,and townhouses.
The applicant did not propose bicycle parking with this application.
5. Building Elevations (Comp Plan,Architectural Standards Manual):
Goals 5.01.021) and 5.01.02A of the Comprehensive Plan emphasize the importance of
building design and landscaping in buffering, screening,beautifying, and integrating
commercial,multifamily, and parking areas with existing neighborhoods. The schematic
renderings for the proposed two-story structures,detailed in Section V.II,reveal a design
utilizing lap siding, asphalt shingles, and iron railings in a neutral color scheme.
The final design of all buildings must comply with the standards outlined in the Architectural
Standards Manual.
6. Fencing (UDC 11-3A-6, 11-3A-7):
All fencing is required to comply with the standards listed in UDC 11-3A-7.
The applicant is proposing two (2) types of fencing.An open vision fencing along Five Mile
Creek and a closed vision fence along the western boundary. Both of which meet the
standards in UDC I1-3A-7.
7. Parkways (Comp Plan, UDC 11-3A-17):
The minimum width of parkways planted with Class II trees shall be eight(8)feet. The width
can be measured from the back of curb where there is no likely expansion of the street section
within the right-of-way;the parkway width shall exclude the width of the sidewalk. Class 11
trees are the preferred parkway trees.
The plans submitted appear to be in compliance with this standard.
Goal 6.01.01J of the Comprehensive Plan emphasizes the importance of ensuring and
encouraging new development to include buffered sidewalks, a sidewalk separated from the
motor vehicle lane by a planter strip, especially on collector and arterial roadways.
D. Transportation Analysis
1. Access (Comp Plan, UDC 11-3A-3, UDC 11-3H-4):
Goals 6.01.01H and 6.01.02B of the Comprehensive Plan emphasize reducing the number of
access points onto arterial streets through methods such as cross-access agreements, access
management, and frontage or backage roads. These goals also stress the importance of
enhancing local and collector street connectivity and incorporating pedestrian access
connectors to link subdivisions and promote neighborhood connectivity within the
community pathway system.
One full access is proposed on the south portion of the site via S. Topaz Avenue(currently a
local street but will be a future collector). Additionally, a one-way access is proposed on the
north portion of the site for the multifamily residents to use. According to ACHD's staff
report,the applicant should construct Topaz Avenue as a'/z collector roadway with a five(5)
foot detached sidewalk and eight(8) foot parkway. In addition,ACHD is asking for the
applicant to dedicate a total of 62 feet from the centerline of Overland Road.
The applicant is also stubbing a cross-access drive with an easement to the property to the
west, as this property is anticipated to use this access in the future when it redevelops.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(ST.GEORGE-H-2025-0004) -20-
2. Multiuse Pathways/Pathways (Comp Plan, UDC 11-3A-8, UDC I1-3A-5):
The applicant is proposing to construct a ten(10)foot multi-use pathway along Five Mile
Creek and leave the existing attached seven(7) foot pathway along Overland Road. These
pathways are consistent with the pathways master plan,however,the applicant shall provide
adequate landscaping on both sides of the ten(10)foot multi-use pathway along Five Mile
Creek. Currently,the applicant does not meet the standards of landscaping along a pathway.
A total of ten(10)feet of landscaping with no less than two (2) feet on one side of the
pathway shall be required if the application is approved.
In addition,the applicant shall revise the plan to show a fourteen(14) foot easement for the
multi-use pathway.
It is important to note that if Nampa Meridian Irrigation District does not allow for the
pedestrian bridge across Five Mile Creek,the ten(10)foot multi-use pathway will be
inaccessible.
3. Sidewalks (UDC 11-3A-17):
All sidewalks around buildings and serving public streets shall be a minimum of five(5) feet
in width, except if detached sidewalks are provided on local public streets in residential
subdivisions,the minimum sidewalk width may be reduced to four(4)feet. The Applicant
has provided a pedestrian connection to each location throughout the site in compliance with
this standard. However,there is not a clear pathway to the open space on the northwest
portion of the site.
E. Services Analysis
1. Waterways (Comp Plan, UDC 11-3A-6):
Goal 4.05.01D and Goal 6.01.0413 of the Comprehensive Plan emphasize the importance of
improving and protecting creeks and other natural waterways throughout commercial,
industrial and residential areas. Develop and implement agreements with irrigation districts
and the Union Pacific Railroad to allow for bike/pedestrian pathways. The Five Mile Creek
runs along the northwest boundary of the site and is proposed to be preserved as a natural
amenity in accordance with UDC 11-3A-6. The Applicant prioritizes the preservation of the
existing creek by incorporating the creek into the site design as a natural amenity. The
Applicant is proposing to protect and enhance Five Mile Creek by adding planters with trees
and shrubs on both sides of the creek.Additionally,the multi-use pathway is proposed to run
parallel to the Creek, along with a bridge running across the creek to allow for residential
access.Nampa Meridian Irrigation District has not confirmed whether they will allow the
pedestrian bridge across the easement. The Applicant shall coordinate with Nampa Meridian
Irrigation District(NMID)to ensure that the development adheres to best practices for
waterway protection.
2. Pressurized Irrigation(UDC 11-3A-15):
Underground pressurized irrigation water is required to be provided with this development as
set forth in UDC 11-3A-15.
3. Storm Drainage (UDC 11-3A-18):
An adequate storm drainage system is required in all developments in accord with the City's
adopted standards, specifications and ordinances. Design and construction shall follow best
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(ST.GEORGE-H-2025-0004) -21 -
management practices adopted by the City as set forth in UDC 11-3A-18. The public works
water division has concerns with the water main separation from the infiltration trench.
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-
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.
In addition,the Public Works Department has raised concerns about the site being able to
move forward with the next steps in the process, as there are issues with several
landscaping,separation, and easement issues.
Comprehensive Plan policy 3.03.03G require urban infrastructure be provided for all new
developments,including curb and gutter, sidewalks,water and sewer utilities.
IV. CITY/AGENCY COMMENTS & CONDITIONS
A. Meridian Planning Division
No eenditions of approval,as City staff is r-eeemmending denial of the applieation,
A. A Development Agreement(DA,)is required as a provision of annexation of this property. Prior
to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian,
the prope owner(s) at the time of annexation ordinance adoption, and the developer. A
Certificate of Zoning Compliance and Design Review Application will not be accepted until the
Ordinance and Development Agreement are recorded.
Currently, a fee of$303.00 shall be paid b, t�pplicant to the Planning Division prior to
commencement of the DA. The DA shall be signed. by the property owner and returned to the
Planning Division within six(6)months of the City Council approval of the annexation Findings.
The DA shall, at minimum, incorporate the following provisions IF City Council determines
annexation is in the best interest of the City:
B. Future development of this site shall be consistent with the site plan, landscape plan, qualified
open space,and a total of three(3) site amenities one(1) from each category, one 1)vertically
integrated residential structures featuringfour our(4) dwelling units and 8,000 square feet of
commercial space along with three (3)multi-family buildings consisting of 19 dwelling units(for
a total of 23 residential units), and conceptual building elevations and renderings as proposed in
Section VII and the provisions contained herein.
C. The Development shall comply with the Specific Use Standards for a multi-family development
outlined in UDC 11-4-3-27 and a vertically integrated residential project as outlined in UDC 11-
4-3-41.
D. The applicant shall submit written documentation to Jason Korn or applicable Flood Plain
Administrator to Pipe Five Mile Creek if allowed by City Council
E. Prior to any development on the property and submittal of the certificate of zoning compliance,
the applicant shall apply for a no rise certification and floodplain permit and confirm with the
Flood Plain Administrator.
F. The existing homes and accessory structures shall be removed prior to submittal of the first
Building Permit.
G. Restaurants and Drinking Establishments shall be prohibited uses in the commercial space in the
vertically integrated building_
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(ST.GEORGE-H-2025-0004) -22-
H. Any future development of the site must comply with the City of Meridian ordinances in effect at
the time of the development
Conditional Use Permit
1. The site and landscape plan shall include the following revisions:
- Depict all proposed fencing and provide a fencing provide a fencing exhibit.
- Implement directional signs and striping to indicate the northern entrance off of Topaz Avenue as
one-way.
- In order to count the buffer along the arterial street, it has to meet the enhanced buffer
requirements in UDC 11-4-3-27C.9, 11-3B-5, 11-3G-3, and 11-3B-7C.3f.
- Provide parking lot landscaping in accordance with UDC 11-3B-8 or apply for alternative
compliance to relocate the trees to the buffer along Overland Road.
- Provide bicycle parking for the multi-family and non-residential uses in compliance with UDC
11-3C.
- Leave Five Mile Creek in its natural state aaa ro e the nE)AhernmE)s+• rit it BUild r " +E)
and relocate the three(3)amenities, one from each category,
be relocated to the open space south of Five Mile Creek.
2. The proposed development is required to comply with the dimensional standards listed in UDC
Table 11-2A-7 for the R-15 zoning district.
3. The Applicant shall obtain a Certificate of Zoning Compliance(CZC) and Administrative Design
Review(DES) pprovals before submitting any building permit within this development.
4. Off-street parkin is s required to be provided by the standards listed in UDC Table 11-3C-6 for
multi-family dwellings based on the number of bedrooms per unit.
5. No recreational vehicles, snowmobiles,boats, or other personal recreation vehicles shall be stored
on the site unless provided for in a separate,designated and screened area.
6. 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 outlined in UDC 11-3B-14.
7. With the submittal of the first certificate of zoning compliance application,the applicant shall
provide a maintenance agreement for the development.
8. With the submittal of the first certificate of zoning compliance application,the applicant shall
submit and,get the 14-foot pedestrian easement for the future pathwa.
9. The Conditional Use Permit approval shall become null and void unless otherwise approved by
the City if the applicant fails to 1) commence the use, satisfy the requirements, acquire building
permits and commence construction within two years as outlined in UDC 11-5B-6F.1; or 2)
obtain approval of a time extension as outlined in UDC 11-5B-6F.4.
eoneept Plan,landseavine plan and oven sonee exhibit to mateh.or-ovide for-the
11. The Applicant shall comply with all ACHU's conditions of approval.
12. Staff's failure to cite all relevant UDC requirements does not relieve the applicant from
compliance.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(ST.GEORGE-H-2025-0004) -23-
B. Meridian Police Department
The Meridian Police Department is equipped to service this development if approved, as it a4ready
provides coverage far this geographic area.
For any climate controlled multi-family developments,the MMeridian Police Department requi res
police access Into each building's entry point using a multi-technology keypad per UDC 11-4-3-
27G.This will allow police access, if there is an erergency, Win the building if somacne isn't able tt
come to the door to allow police entrance. Otherwi se, police would have to breach the door to gain
access which isn't ideal for anyone and delays our response.This does not appty to Garden Style
multi-family developments.
Ire addition, if the development has vertically integrated buildings incorporated i nto this
development,the Meridian Police Department request these bijiId1ngs also be designed to have the
same multi-technology keypads.Note that this is riot requi red by code for vertically integrated
buildings but would greatly assist law enforcement i n emergencies.Knowing this is a vertically
integrated project,the police would like to request multi-technology keypads for access into the
develop mentfvremergencycalls for service_ Police will work with the applicant on ptacement of
these keypads if needed. Police will have their own access code(same for each build ing)to use in
an emergency a nd will have to be coordinated with the su pervisor of Meridian PD Cod
Enforcement.
All townhomes and or multi-famRy u nits shall be clearly marked with addresses and u nit numbers
visible day or night for emergency response.The applicant shall place a way-finding map at each
entrance that 19 visibly day or night.All qualified open space provided in the development,to
include all amenities, must be in an open area to allow for natural observation opportunities.
Pathways and[andscaping should not create hiding spots or blind spots that would promote
criminal opportunities.The Meridian Police Department will support all Cammu pity Development
Staff recommendations,Traffic Impact Studies frorn 1TD and AC D to improve access,roadways,
intersections,pathways and sidewalks tie#ore the project is fully completed.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(ST.GEORGE-H-2025-0004) -24-
C. Meridian Park's Department
WE II
Park%grad i[rrrealiuu
Renewer: Kim Warren}Pathways Project Manager
Planner Assigned; #Ick Napoli
Project Name. St.George file Ha:14•2025-0404—A7,CUR Date; 5.16.2025
In addition to the pathway conditions Issued 3.19.2025,the following will be required for the pedc5krian drldge:
PEDESMIAN BRIDG E+ACCESS Ft EQU I R E M E NTS
1, Verify that ttre pathway edge adjacent to the north bank of the Fivernk Drain is set bacfa far
enough to be stable. Som a setback from the bank I m in 2'shoulder}is necessary to allow for
thorough compaction of base material and paving. Submit a grading plan or version of the site
plan that that shows the relationahlp of the pathway and bridge Improvements to existing and
proposed grades.
2. The pedestrian bridge design will need to be approved by Nampa and Meridian I.rrigatlork District
and Meridian City prior to construction. Verify that APIVI10 will allow this bridge cro55irhg,ao the
proposed open Space will not furcr ion as a connected amenity without the pedestrianw hrldgo.
3, As it i5 shown on the plan,the proposed pathway will also need to serve as a NMI malntenano
road. Sometimes the irrigation district will permit shared access aloryS drains. Obtain NIMID
apprayal to-share this access before finalising plans.
4. The pedestrian bridge must be owned ark maintaifred by the pripk-a developer/su bsequent HOA,
5, The bridge will require a building permit,with inspection of concrete abutments and in5lallation-
6, A pedestrian ramp}CrJrb ctrt wil I be needed alongthe north driveway w provide ADA arYwe 5 to the
bridge-rro5sing. Add itienal ramps will be needed vn 5ite to provide a"es5ihie roukes from each
building tG the open space amenity. Depict ramps on Ote grading plan,
7. Shffw arrgs�ibFe pg�dgsCrian rpute$from the buildings tg the pathway.Parallel parking Uri the north
side Df 0uilding ti appear5 to blDrk pedestrian a"e55 to pathway and Open spare amenity,
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(ST.GEORGE—H-2025-0004) -25-
Revlewtr: Kim Vda rren}pathways Project Manager
Planner Assign: Nick Napoll
Project Name: St.George Flle No:H-20254XOOd—AZ,CUP daft; 119.2025
The follaw;ng will be requMred for development of the proposed project;
CONDITIONS OF APPROVAL-PATHWAYS
1, The project dew"r shall design and "struct mutd-use pathways consistent with the ioc-atlon and
speclflcat6ms set forth In the Merldlan pathways Master Plan Map and Master pathways Plan Da€urnent
Chapter 31, Any proposed adjustments to pathway allgnmerit shalt be caoedlnated through the Pathways
Project Manager_ fwefactrve Pathways A40P
2_ along;
the nwm side of the Fnremile Creek_ Pathway segment shall he unnstruded at the same time as 1l1P brldg:p
crossing and general Improvements to the mmman open area across the Fnremile Creek.
Easements shalt be a mirtinqurn of 14'wide 130' pathway k 2' shoulder each side)- All pathwmVs st1,ll Ire
locaied auNideof irrigation di.stma easements unEes5 pearnis5aan isspecitically abtainc-rl frrym the gaMrrimig
irrigation dist:rirr.Pathway atlgnment shall npt be impeded/encroached upon by briaRe aburrnt41111j.
Easement-need only be r�edicateci tcir multi-use riathwaYs Mat I;e ciits>cta tn.-)uibkc ROW
Use stoyrdord City rempkae for puwrc access eosemenr. Submwt 10 casements anflne through Chirrn's
Access ParfW.
3. Construct rrlukt-u9e pathways pet paving settiGn based on existing site condltlom as reCbmm2nded by
prmje¢t boll q�nginq�er in aroord with UdC iF-3A a and 12-313.12. Prior to final approval the app3ltant's
engineer shall prowide written docunnentatian rhat the pathway segment was vonstructed par the
recammended spe&itatians.
4. The owrber for reprewritative a=da-tiupr of the property affected tky earl p ult4ir access eawmeRt shah
have an amigaiN abliWon to maintain the multFase pathway,
S. 6 high open vlsionfenctngshall be installed between pathways and IIlve)water Irrigation canal's and laterals
as detailed Fn the Mendian Pathways Master Plan,Chapter3,Rage 3.5, All other fence details per UDC 11.
3Ar7, As i%led in review notes,the Fivemile-Cred is not live Water. Fencing rl Installed,shall allow for
malmenarxe access to one side of the creek by Nampa and Meridian Irrigat?on Dlstrics.
S. Project developer shall be responsible for obtaining hcense agreement and other permission(o as requlrnd
for mrrstru€tingwithin irrigation district easemerrtr;_
7, Should arry discrepancy exist between these conditions of approval and the requirements of the Ifri83fl0n
district the developer shall wars€with Pathways Project Manager to achieve a pathway design that meets
both City and irrigation district objectives.City requirements as stated shall riot(nor are ttley Intended to)
override those of the irrigation district havirkg juri5di0gn weir the proje-a area.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(ST.GEORGE—H-2025-0004) -26-
fence
't
fence
OIL,
maintenance road
e
2' 10' 2' 1$ varies
Figure 3-4. Shared-Use Pathway along Lateral or Canal
fence
fc�nc�•
maintenance road
18' varies
Figure 3-5. Shared-Use Pathway along Lateral or Canal
Other Waterways
Figure 3-6 illustrates a typical shared-use pathway design that jp i prnate for pathways along other
designated waterways such as drainages and ditches.This pathway is designed to accommodate the
same type of non-motorized traffic as a canal pathway.The design for this type of waterway pathway(a
ditch, drainage, creek,etc)is different from the canal and lateral pathway design based on the volume of
water being transported,the destination of the water, and a reduced need for access to the corridor by
the irrigation districts.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(ST.GEORGE—H-2025-0004) -27-
fE1nct-
vari �
Figure 3-6. Shared-Use Pathway along Other Designated Waterways
Residential Pathway
Figure 3-7 illustrates a typical shared-use pathway design that is appropriate for pathways through new
residential developments where there is no feasible natural feature(such as a cana0 to locate the
pathway,The pathway is designed to accommodate two-way bicycle and pedestrian traffic.The pathway
is typically located within the road right-of-way and parallels the roadway through the residential
development. It is located on one side of the road and separated by a planting buffer 6-8 feet wide.The
pathway is paved(asphalt or concrete)to meet ADA requirements,
12'-14' +
Figure 3-7. Shared-Use Pathway through Residential Developmenh in Road Right-of-Way
Treasure Valley Rail-with-Trail Pathway
Figure 3-8 illustrates a typical shared-use pathway design for a rail-with-trawl pathway through Meridian.
As noted earlier, rail service includes two to three trains daily that travel 20-25 mph through the city with
active spur lines as well.The railway generally has a 200-foot easement.This pathway is designed to
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(ST.GEORGE—H-2025-0004) -28-
D. Ada County Highway District(ACHD)
ACHDV'W"rawnse.,c.nn+.ruP..
Val,
Puma Nftem c rn isdan.
Date. April 9,2025
To Jason St.George,via email
Staff Contact.KaraLeigh Troyer,Planner
Project Description_ St-George
Trip Generation: This development is estimated to generate%4 vehicle trips per day.
13 vehicle trips per hour in the PM peak hour.based on the Irxtttute of Transportation
Engineers Trip Generation Manual,Tf"edition
s ►
1
J
Comments. 'Clvertand Road has an LTS 4 for cyclists ana Topaz Avenue has an LTS 1
cvnnec tin u ti_`u to more
&40 COVPO'".W- y Owk-c1-$800 M doom 10-GMT-PH TO►-3W7-4M-c%T44-1N0.�.P&4%600pp'
V. FINDINGS
A. Annexation and/or Rezone(UDC 11-5B-3E)
Upon recommendation from the commission,the council shall make a full investigation and shall,
at the public hearing,review the application. In order to grant an annexation and/or rezone,the
council shall make the following findings:
1. The map amendment complies with the applicable provisions of the comprehensive plan;
The City Council finds the applicants proposal to annex two (2.0) acres of land with the R-15
zoning district for the development of 19 multi family units, 4 vertically integrated residential
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(ST.GEORGE-H-2025-0004) -29-
units, and 7,987 square feet of commercial space is consistent with the Mixed-Use Regional
FL UM designation for this property.
2. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The City Council finds the proposed map amendment to R-15 and conceptual development
plan generally complies with the R-15 purpose statement as it is contributing to a variety of
residential units into the area with a commercial component that is consistent with the
comprehensive plan.
3. The map amendment shall not be materially detrimental to the public health, safety, and
welfare;
The City Council finds the proposed map amendment will not be materially detrimental to the
public health, safety, and welfare.
4. The map amendment shall not result in an adverse impact upon the delivery of services by
any political subdivision providing public services within the city including,but not limited
to, school districts; and
The City Council finds City services are available to be provided to this development.
5. The annexation(as applicable) is in the best interest of the city.
The City Council overturned staff's recommendation for denial and finds the annexation is in
the best interest of the city. The Commission found that the open space being provided was
adequate for the development, the corrected issues were substantial enough to overcome their
concerns, and that the subject development integrates with the surrounding area in
compliance with the comprehensive plan.
B. Conditional Use(UDC 11-513-6E)
The commission shall base its determination on the conditional use permit request upon the
following:
1. That the site is large enough to accommodate the proposed use and meet all the dimensional
and development regulations in the district in which the use is located.
The City Council finds the site is large enough to accommodate the proposed use and meet
all the dimensional standards of the district. This determination is based on several factors,
including the applicant's functional integration with adjacent properties, revised open space
that meets the specific use standards for multi family developments, the proposed open space
being functional.
2. That the proposed use will be harmonious with the Meridian comprehensive plan and in
accord with the requirements of this title.
The City Council finds the proposed uses will be harmonious with the Meridian
comprehensive plan.
3. That the design,construction, operation and maintenance will be compatible with other uses
in the general neighborhood and with the existing or intended character of the general vicinity
and that such use will not adversely change the essential character of the same area.
The City Council finds the design, construction, operation and maintenance will be
compatible with other uses in the general neighborhood as the area currently stands.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(ST.GEORGE-H-2025-0004) -30-
4. That the proposed use, if it complies with all conditions of the approval imposed,will not
adversely affect other property in the vicinity.
The City Council that the subject development will not adversely affect other property in the
vicinity.
5. That the proposed use will be served adequately by essential public facilities and services
such as highways, streets, schools,parks,police and fire protection,drainage structures,
refuse disposal,water, and sewer.
The City Council finds the proposed use can be served adequately by essential public
facilities and services, however, as previously mentioned, staff has concerns with being able
to accommodate all of the easements for water and sewer while meeting landscaping
requirements.
6. That the proposed use will not create excessive additional costs for public facilities and
services and will not be detrimental to the economic welfare of the community.
The City Council finds the proposed uses will not create excessive additional costs for public
facilities and services and will not be detrimental to the economic welfare of the community.
7. That the proposed use will not involve activities or processes,materials, equipment and
conditions of operation that will be detrimental to any persons,property or the general
welfare by reason of excessive production of traffic,noise, smoke,fumes,glare or odors.
The City Council finds the proposed uses will not involve activity or processes, materials,
equipment and conditions of operation that will be detrimental to any person,property, or the
general welfare. In addition,ACHD indicated Overland Road has capacity to service this
development.
8. 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.
The City Council finds the proposed use will not result in the destruction, loss, or damage of
a natural, scenic or historic feature. The applicant is proposing to leave Five Mile Creek
open as a natural waterway.
9. Additional findings for the alteration or extension of a nonconforming use:
Not Applicable.
10. That the proposed nonconforming use does not encourage or set a precedent for additional
nonconforming uses within the area; and,
Not Applicable.
11. That the proposed nonconforming use is developed to a similar or greater level of conformity
with the development standards as set forth in this title as compared to the level of
development of the surrounding properties.
Not Applicable.
VI. ACTION
A. Staff:
Staff recommends denial of the proposed Annexation and Conditional Use Permits as discussed
above in Section III,per the Findings in Section V.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(ST.GEORGE-H-2025-0004) -31 -
B. Commission:
The Meridian Planning&Zoning Commission heard these items on November 6',2025 and it was
continued to February 51,2026. At the public hearing,the Commission moved to recommend
approval of the subject annexation and two conditional use permit requests.
1. Summary of Commission public hearing:
a. In favor: Shirley Sterner, Shaun Wardle,Jim Escobar, and Jesse Christensen
b. In opposition: Anita Gallagher,Robert Ta, lor,Lynette Adsitt, and Lyman Holyoke
C. Commenting.None
d. Written testimony:None
e. Staff presenting application: Nick Napoli
f. Other Staff commenting on application: Bill Parsons and Kurt Starman
2. Key issue(s) public testimony
a. On November 6',2025 the following public comments were received at the public
hearing:
- Anita Gallagher: Concerns regarding overflow parking,no sidewalks along
the local streets creating conflict with cars and pedestrians, density being too
high,and height difference between new development and existing homes.
- Robert Taylor: Concerns regarding traffic and congestion,the safety of
having more units coming off of Topaz without a signal,noise, and reduced
privacy from the height disparity between the existing homes and proposed
new multi-family.
- Lynette Adsitt: Concerns regarding traffic and safety with increased trips on
Topaz and Overland, lack of integration with the existing area, and too much
density.
- Lyman Holyoke: Concerns regarding traffic and safety,integration with the
existing neighborhood, and having too much residential.
On February 5t'',2026 the following public comments were received:
- Shirley Sterner: In support of the project. She is a realtor representing five(5)
property owners in the county subdivision. They would like to get the highest
and best value for their properties and believe this is a start to doing that.
hat.
3. Key issue(s)of discussion by Commission:
a. On November 6',2025,the Planning and Zoning Commission had large concerns with
the outstanding issues that staff highlighted in their staff report. As a result,the
Commission decided to continue the application to allow for the applicant to work with
City Staff to fix the outstanding issues. This then leads to February 5',2026,where the
Planning and Zoning Commission still had concerns regarding open space and Five Mile
Creek;however,they determined that these issues were not the individual property
owners issue to solve.As a result,the commission decided to recommend approval with
changes to the staff report.
4. Commission change(s)to Staff recommendation:
a. The Planning and Zoning Commission recommended approval and changed the
conditions of approval to remove the requirement to lose the northernmost unit of
Building A and to remove the recommendations for Five Mile Creek beingleft eft open
instead of being piped. The Commission would like City Council to make the decision on
the piping of Five Mile Creek.
5. Outstanding. issue(s) for City Council:
a. -Whether the subject development is in the best interest of the city.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(ST.GEORGE-H-2025-0004) -32-
-The UDC prohibits piping natural waterways;however,the applicant has suggested that
this is their preferred option. The City Council should carefully consider whether leaving
the creek open is appropriate.
-Whether the open space is functional and adequate for the subject development.
-Whether the subject property integrates with the existing neighborhood effectively.
-Traffic and safety in the immediate area.
C. City Council:
The Meridian City Council heard these items on March 10t1',2026.At the public hearing.the Council
moved to approve the subject annexation and two conditional use permit requests.
1. Summary of the City Council public hearing:
a. In favor: Shaun Wardle and Jim Escobar
b. In opposition: Robert Taylor
C. Commenting:None
d. Written testimony:None
e. Staff presenting application:Nick Napoli
f. Other Staff commenting on application. Bill Parsons
2. Key issue(s)of public testimony:
a. -Robert Taylor: Concerns regarding traffic and congestion,the safety of having more units
coming off of Topaz without a signal,noise, and reduced privacy from the height disparity
between the existing homes and proposed new multi-family.
3. Key issue(s)of discussion by City Council:
a. City Council had substantial discussions about connectivity and overflow parking.
Ultimately,the Council has determined this property is the start of the redevelopment in the
area and will help start the construction of the collector roadway. In addition,the overflow
parking was the largest concern and Council determined that the parking would be adequate
as proposed.
4. City Council change(s)to Commission recommendation:
a None—City Council granted to the alternative compliance request.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(ST.GEORGE-H-2025-0004) -33-
VII. EXHIBITS
A. Project Area Maps
(link to Project Overview)
1. Aerial
Legend ', Project Location
Area of Impact
OAnalysis i 1�71
low
� ���. �'i► _:..ems*� �-.�
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(ST.GEORGE—H-2025-0004) -34-
2. Zoning .p
Legend
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LocationProject
a
Area of Impact W O
« Analysis
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Legend
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4. Planned Development Map
Legend _ !�
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City Limits
Planned Parcels — C
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FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(ST.GEORGE—H-2025-0004) -36-
B. Subject1 I
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FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(ST.GEORGE—H-2025-0004) —38—
C. Service Accessibility Report
Overall Score: 27 24th Percentile
Location Within 1/2 mile of City Limits YELLOW
Extension Sewer TNnkshed mains < 500 ft.from parcel
Flaadplain Within 100 yr flood plain& < 2 acres
Emergency Services Fire Response time �e 5 rain,
Emergency Services Police Meets response time goals most of the time
Pathways Within 114 mile of current pathways
Transit Within 1/4 mHe of current transit route
Arterial Road Buildout Status Ultimate configuration{#of lanes in master streets
plan) matches exis6n-q ( of lanes)
School Walking proximity From 1/2 tort mile walking YELLOW
Either a High School or College within 2 rniles OR a
School Drivability Middle or Elementary School within 1 mile driving
(existing or future)
Park Walkability No park within walking distance by park type
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(ST.GEORGE—H-2025-0004) -39-
A Site Plan(date: 2/19/2026)
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FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(ST.GEORGE-H-2025-0004) -40-
E. Landscape Plan (date: 2/19/2026)
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FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(ST.GEORGE-H-2025-0004) -41 -
F. Qualified Open Space Exhibit(date: 2/19/2026)
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FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(ST.GEORGE-H-2025-0004) -42-
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FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(ST.GEORGE-H-2025-0004) -43-
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FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(ST.GEORGE-H-2025-0004) -44-
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FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(ST.GEORGE—H-2025-0004) -45-
H. Annexation Legal Description& Exhibit Map
Lf0AL De9mrr ON FOR
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FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(ST.GEORGE—H-2025-0004) -46-
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FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(ST.GEORGE—H-2025-0004) -47-