Silverstone Apartments H-2016-0060ADA COUNTY RECORDER Christopher D. Rich 2017-076698
BOISE IDAHO Pgs=56 LISA BATT 08/17/2017 01:13 PM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. William P. Bienapfl, Jr., Owner
3. DevCo, LLC, Developer
THIS DEVELOPMENT AG MONT (this Agreement), is made and entered into
this �'day of lyu6u'S4 , 20 , pby and between City of Meridian, a municipal
corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue,
Meridian, Idaho 83642 and William P. Bienapfl, Jr., whose address is 2674 S. Andros, Meridian,
Idaho 83642, hereinafter called OWNER and DevCo, LLC, whose address is 4824 W. Fairview
Avenue, Boise, Idaho 83706, hereinafter called DEVELOPER.
1. RECITALS:
1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract
of land in the County of Ada, State of Idaho, described in Exhibit "A", which
is attached hereto and by this reference incorporated herein as if set forth in
full, herein after referred to as the Property; and
1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance,
require or permit as a condition of zoning that the Owners and/or Developer
make a written commitment concerning the use or development of the subject
Property; and
1.3 WHEREAS, City has exercised its statutory authority by the enactment of
Section 11-513-3 of the Unified Development Code ("UDC"), which
authorizes development agreements upon the annexation and/or re -zoning of
land, and
1.4 WHEREAS, Owner and/or Developer has submitted an application for the
annexation of approximately 14.41 acres of land from the RUT zoning
district in Ada County to the C -G (General Commercial) zoning district (as
described in Exhibit "A"), under the Unified Development Code, which
generally describes how the Property will be developed and what
improvements will be made; and
1.5 WHEREAS, Owner and/or Developer made representations at the public
hearings both before the Meridian Planning & Zoning Commission and -
before the Meridian City Council, as to how the Property will be developed
and what improvements will be made; and
DEVELOPMENT AGREEMENT —SILVERSTONEAPARTMENTS (H-2016-00060) PAGE 1 OF t0
1.6 WHEREAS, the record of the proceedings for the requested preliminary plat
on the Property held before the Planning & Zoning Commission, and
subsequently before the City Council, includes responses of government
subdivisions providing services within the City of Meridian planning
jurisdiction, and includes further testimony and comment; and
1.7 WHEREAS, on the 7th day of March, 2017, the Meridian City Council
approved certain Amended Findings of Fact and Conclusions of Law and
Decision and Order ("Findings"), which have been incorporated into this
Agreement and attached as Exhibit "B"; and
1.8 WHEREAS, the Findings require the Owner and/or Developer to enter into a
Development Agreement before the City Council takes final action on final
plat; and
1.9 WHEREAS, Owner and/or Developer deems it to be in its best interest to be
able to enter into this Agreement and acknowledges that this Agreement was
entered into voluntarily and at its urging and request; and
1.10 WHEREAS, City requires the Owner and/or Developer to enter into a
development agreement for the purpose of ensuring that the Property is
developed and the subsequent use of the Property is in accordance with the
terms and conditions of this Agreement, herein being established as a result
of evidence received by the City in the proceedings for zoning designation
from government subdivisions providing services within the planning
jurisdiction and from affected property owners and to ensure zoning
designation are in accordance with the amended Comprehensive Plan of the
City of Meridian on October 11, 2016, Resolution No. 16-1173, and the
UDC, Title 11.
NOW, THEREFORE, in consideration of the covenants and conditions set forth
herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are contractual and
binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and
phrases herein contained in this section shall be defined and interpreted as herein provided for,
unless the clear context of the presentation of the same requires otherwise:
3.1 CITY: means and refers to the City of Meridian, a party to this Agreement,
which is a municipal Corporation and government subdivision of the state of
Idaho, organized and existing by virtue of law of the State of Idaho, whose
address is 33 East Broadway Avenue, Meridian, Idaho 83642.
DEVELOPMENT AGREEMENT - SILVERSTONE APARTMENTS (H-2016-00060 PAGE 2 OF 10
3.2 OWNER: means and refers to William P. Bienapfl, whose address is 2674
S. Andros, Meridian, Idaho 83642, the party that owns said Property and shall
include any subsequent owner(s) of the Property.
3.3 DEVELOPER: means and refers to DevCo, LLC, whose address is 4824 W.
Fairview Avenue, Boise, Idaho 83706, the party that is developing said
Property and shall include any subsequent developer(s) of the Property.
3.4 PROPERTY: means and refers to that certain parcel(s) of Property located
in the County of Ada, City of Meridian as described in Exhibit "A"
describing the parcels to be re -zoned General Commercial (CG) and attached
hereto and by this reference incorporated herein as if set forth at length.
4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the
right to develop the Property in accordance with the terms and conditions of this Agreement.
4.1 The uses allowed pursuant to this Agreement are only those uses allowed
under the UDC.
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner and/or Developer shall develop the Property in accordance with the
following special conditions:
5.1.1 The existing home and associated outbuildings shall be removed from the site
prior to applying for a building permit.
5.1.2 The record of survey for the reconfiguration of the property boundary shall be
recorded with the County prior to approval of the annexation ordinance.
5.1.3 Future development of this site shall be substantially comply with the concept
plan, site plan, landscape plan and architectural elevations included in the
Staff Report attached to the Findings of Fact and Conclusions for Law as
Exhibit "B" and the conditions contained herein.
5.1.4 A maximum of 312 residential dwelling units shall be constructed within this
development.
5.1.5 Future development shall comply with the design standards listed in UDC I I -
3A-19 and the City of Meridian Architectural Standards Manual.
5.1.6 A 35 foot wide street buffer is required to be constructed along E. Overland
Road, an entryway corridor, with the first phase of development and prior to
DEVELOPMENT AGREEMENT - SILVERSTONE APARTMENTS (H-2016-00060) PAGE 3 OF 10
issuance of the first Certificate of Occupancy for the site. Landscaping is
required to be installed within the buffer in accord with the standards listed in
UDC 11-313-7C.
5.1.7 Site amenities shall be provided for this development from each of the
amenity categories as follows: a tot lot with a children's play structure and a
pool; a 50' x 100' open grassy area as an open space amenity; and a fitness
facility, enclosed bike storage, conference/business center and a clubhouse as
quality of life amenities, in accord with the standards listed in UDC 11-4-3-
27D.
5.1.8 Cross -access shall be granted to the properties to the east and to the south for
future inter -connectivity. The recorded cross access agreement shall be
submitted with the first certificate of zoning compliance application.
5.1.9 With the first phase of development for the multi -family, the applicant shall
construct a southern access to connect to E. Pewter Street as shown in the
attached Exhibit "C".
6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6)
months after the date of the Findings for the annexation and zoning or it is null and void.
7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
7.1 Acts of Default. Either party's failure to faithfully comply with all of the
terms and conditions included in this Agreement shall constitute default
under this Agreement.
7.2 Notice and Cure Period. In the event of Owner and/or Developer's default
of this Agreement, Owner and/or Developer shall have thirty (30) days from
receipt of written notice from City to initiate commencement of action to
correct the breach and cure the default, which action must be prosecuted with
diligence and completed within one hundred eighty (180) days; provided,
however, that in the case of any such default that cannot with diligence be
cured within such one hundred eighty (180) day period, then the time allowed
to cure such failure may be extended for such period as may be necessary to
complete the curing of the same with diligence and continuity.
7.3 Remedies. In the event of default by Owner and/or Developer that is not
cured after notice as described in Section 7.2, Owners and/or Developer shall
be deemed to have consented to modification of this Agreement and de -
annexation and reversal of the zoning designations described herein, solely
against the offending portion of Property and upon City's compliance with all
applicable laws, ordinances and rules, including any applicable provisions of
Idaho Code §§ 67-6509 and 67-6511. Owner and/or Developer reserve all
DEVELOPMENT AGREEMENT- SILVERSTONE APARTMENTS (H-2016-00060) PAGE 4 OF 10
rights to contest whether a default has occurred. This Agreement shall be
enforceable in the Fourth Judicial District Court in Ada County by either City
or Owner and/or Developer, or by any successor or successors in title or by
the assigns of the parties hereto. Enforcement may be sought by an
appropriate action at law or in equity to secure the specific performance of
the covenants, agreements, conditions, and obligations contained herein.
7.4 Delay. In the event the performance of any covenant to be performed
hereunder by either Owner and/or Developer or City is delayed for causes that
are beyond the reasonable control of the party responsible for such
performance, which shall include, without limitation, acts of civil
disobedience, strikes or similar causes, the time for such performance shall be
extended by the amount of time of such delay.
7.5 Waiver. A waiver by City of any default by Owner and/or Developer of any
one or more of the covenants or conditions hereof shall apply solely to the
default and defaults waived and shall neither bar any other rights or remedies
of City nor apply to any subsequent default of any such or other covenants
and conditions.
8. INSPECTION: Owner and/or Developer shall, immediately upon completion of
any portion or the entirety of said development of the Property as required by this Agreement or by
City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and
written approval of such completed improvements or portion thereof in accordance with the terms
and conditions of this Agreement and all other ordinances of the City that apply to said Property.
9. REQUIREMENT FOR RECORDATION: City shall record this Agreement,
including all of the Exhibits, and submit proof of such recording to Owner and/or Developer, prior to
the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property
by the City Council. If for any reason after such recordation, the City Council fails to adopt the
ordinance in connection with the annexation and zoning of the Property contemplated hereby, the
City shall execute and record an appropriate instrument of release of this Agreement.
10. ZONING: City shall, following recordation of the duly approved Agreement, enact a
valid and binding ordinance zoning the Property as specified herein.
11. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the
UDC, to insure the installation of required improvements, which the Owner and/or Developer agree
to provide, if required by the City.
12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued
in any phase in which the improvements have not been installed, completed, and accepted by the
City, or sufficient surety of performance is provided by Owner and/or Developer to the City in
accordance with Paragraph 11 above.
DEVELOPMENT AGREEMENT - SILVERSTONE APARTMENTS (H-2016-00060 PAGE 5 OF 10
13. ABIDE BY ALL CITY ORDINANCES: That Owner and/or Developer agree to
abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement.
14. NOTICES: Any notice desired by the parties and/or required by this Agreement
shall be deemed delivered if and when personally delivered or three (3) days after deposit in the
United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed
as follows:
CITY:
City Clerk
City of Meridian
33 E. Broadway Ave.
Meridian, Idaho 83642
William P. Bienapfl, Jr.
2674 S. Andros
Meridian, ID 83642
with copy to:
City Attorney
City of Meridian
33 E. Broadway Avenue
Meridian, ID 83642
DEVELOPER:
DevCo, LLC
4824 W. Fairview Avenue
Boise, ID 83706
14.1 A party shall have the right to change its address by delivering to the other
party a written notification thereof in accordance with the requirements of this section.
15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto
concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as
may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall
survive any default, termination or forfeiture of this Agreement.
16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time
is strictly of the essence with respect to each and every term, condition and provision hereof, and that
the failure to timely perform any of the obligations hereunder shall constitute a breach of and a
default under this Agreement by the other party so failing to perform.
17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure
to the benefit of the parties' respective heirs, successors, assigns and personal representatives,
including City's corporate authorities and their successors in office. This Agreement shall be
binding on the Owner and/or Developer, each subsequent owner and any other person acquiring an
interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or
portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any
successor owner or owners shall be both benefited and bound by the conditions and restrictions
herein expressed. City agrees, upon written request of Owner and/or Developer, to execute
appropriate and recordable evidence of termination of this Agreement if City, in its sole and
DEVELOPMENT AGREEMENT - SILVERSTONE APARTMENTS (H-2016-00060 PAGE 6 OF 10
reasonable discretion, had determined that Owner and/or Developer have fully performed their
obligations under this Agreement.
18. INVALID PROVISION: If any provision of this Agreement is held not valid by a
court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement
and the invalidity thereof shall not affect any of the other provisions contained herein.
19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party
shall act reasonably in giving any consent, approval, or taking any other action under this Agreement.
20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action
or other proceeding instituted by any third party (including a governmental entity or official)
challenging the validity of any provision in this Agreement, the parties agree to cooperate in
defending such action or proceeding.
21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements, condition and understandings between Owner and/or Developer and City relative to the
subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral
or written, express or implied, between Owner and/or Developer and City, other than as are stated
herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or
addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and
signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a
duly adopted ordinance or resolution of City.
21.1 No condition governing the uses and/or conditions governing re -zoning of the subject
Property herein provided for can be modified or amended without the approval of the
City Council after the City has conducted public hearing(s) in accordance with the
notice provisions provided for a zoning designation and/or amendment in force at the
time of the proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the
date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in
connection with the annexation and zoning of the Property and execution of the Mayor and City
Clerk.
[end of text; signatures, acknowledgements, and Exhibits A, B and C follow]
DEVELOPMENT AGREEMENT - SILVERSTONE APARTMENTS (H-2016-00060) PAGE 7 OF 10
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made
it effective as hereinabove provided.
OWNER:
DEVELOPER:
DevCo, LLC.
By:
Printed Name: I Llvtk Co e✓
Its: L rV�e�t r
ATTEST:
CJ(Colejs,Qty Clerlc
CITY
By: _
Mayor
,y 0(y of �w
E IDIAN�-
IDAHO
SEAL
W eerd
DEVELOPMENT AGREEMENT— SILVERSTONE APARTMENTS (H-2016-00060 PAGE 8 OF 10
STATE OF IDAHO )
ss:
County of Ada, )
On this 3191day of , 2014, before me, the undersigned, allota>y Public in and
for said State, personally appeared William P. Bienapfl, Jr., known or identified to me to be the
person that executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
11,11ii i, ii�lv►,19
(SEAL)'VARY PU
':�
G
7E OV4
STATE OF IDAHO )
ss:
County of Ada, )
Notary Public for Idaho
Residing at: IZ3.o144--,
My Commission Expires: p] 1) to 5
On this -PJ day of , 201 q, before me, the undersigned, a Notary Public in and
for said State, personally appeared ���„� ` �„�Q,r , known or identified to me
to be the of DevCo, LLC, and acknowledged to me that he executed the
same on behalf of said Corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
SEAL 10 S
Notary Public for Idaho
4
SOT AR 3' Residing at: e�
• :My Commission Expires: `g 111
PU,5 c
�'•.,,4 TE O C
•111„1,11"1
DEVELOPMENT AGREEMENT - SILVERSTONE APARTMENTS (H-20161-00060) PAGE 9 OF 10
STATE OF IDAHO )
: ss
County of Ada )
On this day of , 2M, before me, a Notary Public,
personally appealed Tammy de Weerd and Oay Coles, know or identified to me to be the Mayor
and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that
executed the instrument of behalf of said City, and acknowledged to me that such City executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
•00..•.••1•
(SEAL) �,•' jtiPNE► 0,
OTA4
Ctaj�Lry W04 -
Notary Public f r I ah�� � J' � .^
Residing at: �-u-t-� I
Commission expires: 8 -a,'2 -0q0221
DEVELOPMENT AGREEMENT - SILVERSTONE APARTMENTS (H-2016-00060) PAGE 10 OF 10
JAM, X
EXHIBIT
5XH [SIT A
May 3, 2016
Siiverstone Apartments Annexation Legal Description
A parcel of land located in the NW114 of the NC114 of Section 21, T. 3 N., R, 1 E., B.M.. Ada
Coonty, Idaho, more particularly described as follows:
BEGINNING at a found brass cap marking the N114 corner of Section 21;
Thence South 891113'35" East, coin dent with the north line of the NW114 of the NE114 of
Section 21 and Ilia canwfline of E. Overland Road, 703M feet',
Thence South 0'111'04' West, Parallel Mh the west lino of tho NW114 of the NE114 of Section
21, a distance of 892, 98 feet-,
Thence North atPl 3'17" West, 703.00 feet to said west line of tho NW114 of tho NE114 of
Section 21;
Thorico Oorth V11'04" East, coincident with said west Fine of the NWI/4 of the NE114 of
Section 21, a distance of 892.93 feet to the POINT OF BEGINNING:
The above described parcef contains 14.41 acres more or less.
Basis of Bearings is North 89"13'35" West, bemeen the found alLIM111UM cap marking the
corner of Sections 21. 22, 16 and 15 and the found brass cep marking the 114 corner common
to Sections 16 and 21, all in T. 3 IN, R. 1 E., S.M,
NiM COP
SEC. 21
EXHIBIT S
SILVERSTONE APARTMENTS ANNEXMION
SECTION 21, T. 3 N., R. I F_ SAC
ADA COUNTY, IDAHO
F. OVERLAND RD.
BASIS OF BEARINGS
S 89'13'35'E 2676,67' f6 15
i 703,00' 1973 87'
21 22
N, 4 11 Ac�±x
N 69 - 13*17" W
WnuAM P. BlEM%PFL. JR
14221 0
OF
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2030 & WASH)NG TON A VC
EMMETT, ID 63617
R (208) 3-98-6104
F, (208) 398.8105
v -11W.SAWT00THLS.00A'. 3 OP'
CITY OF MERIDIAN AMENDED FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2016-0060
1 -
CITY OF MERIDIAN
AMENDED FINDINGS OF FACT, CONCLUSIONS
OF LAW AND
DECISION & ORDER
In the Matter of the Request for an amendment to the Comprehensive Plan Future Land Use Map to
change the land use designation on 25.97 acres of land from Medium Density Residential to Mixed Use
Regional and to change the land use designation on 42.18 from Boise’s “Suburban” Comprehensive Plan
Land Use designation to Medium Density Residential by DevCo, LLC.
Case No(s ). H-2016-0060
For the City Council Hearing Date of: August 16, 2016 (Findings on September 6, 2016)
AMENDED Findings on March 7, 2017)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of August 16, 2016, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of August 16, 2016, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of August 16,
2016, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of August 16, 2016, 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 at
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19, 2011, Resolution No. 11-784 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.
EXHIBIT B
CITY OF MERIDIAN AMENDED FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2016-0060
2 -
6. That the City has granted an order of approval of the annexation and zoning request in
accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a
copy served by the Clerk upon the applicant, the Planning Department, the Public Works
Department and any affected party requesting notice.
7. That this annexation approval is subject to a development agreement containing the provisions in
the attached Staff Report for the hearing date of August 16, 2016, incorporated by reference.
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 an amendment to the Future Land Use Map contained in the
Comprehensive Plan is hereby approved per the conditions of approval in the Staff Report for
the hearing date of August 16, 2016, attached as Exhibit A.
2. The applicant’s request for annexation and zoning was approved with a C-G zoning district,
with the provisions noted in the Staff Report for the hearing date of August 16, 2016, attached
as Exhibit A.
3. The applicant’s request for a conditional use permit is hereby approved based on the findings in
the Staff Report for the hearing date of August 16, 2016, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Two (6) Month Development Agreement Duration
The development agreement shall be signed by the property owner and returned to the City
within six (6) months of the City Council granting annexation and/or rezone (UDC 11-5B-3D).
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 (UDC 11-5B-3F).
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Attached: Staff Report for the hearing date of August 16, 2016
By ction of the City Council at its regular meeting held on the 7 day of
2646,
COUNCIL PRESIDENT KEITH BIRD VOTED
COUNCIL VICE PRESIDENT JOE BORTON VOTED &4
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED Y10Z
COUNCIL MEMBER TY PALMER VOTED A
COUNCIL MEMBER LUKE CAVENER VOTED !er
COUNCIL MEMBER GENESIS MILAM VOTED
MAYOR TAMMY de WEERD
TIE BREAKER)
VOTED
e 13iwj
Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney.
By: G • : O c- Dated:
City, Office
CITY OF MERIDIAN AMENDED FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2016-0060
3-
Silverstone Apartments – CPAM, AZ, CUP H-2016-0060 PAGE 1
STAFF REPORT
Hearing Date: August 16, 2016
TO: Mayor & City Council
FROM: Josh Beach, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: Silverstone Apartments – AZ, CPAM, CUP (H-2016-0060)
Note: This project was heard on July 7, 2016 by the Planning and Zoning Commission. During the
hearing, public testimony inadvertently excluded the 42.18 acres from the applicant’s CPAM request.
The applicant’s application materials clearly stated their intent to include the 42.18 acres that was
originally part of the City of Boise’s AOCI. Further, the applicant has received approvals from the City
of Boise and correspondence from our Public Works Department that support the inclusion of this
property. The Clerk’s office noticed the property as such and all of the notices to the adjacent property
owners included the correct information. To ensure the public record reflects the entire scope of the
CPAM application, staff has updated the staff report that includes the 42.18 acre property as part of
the CPAM application.
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, DevCo, LLC, has submitted an application for the following:
An amendment to the Future Land Use Map (FLUM) contained in the Comprehensive Plan
CPAM) to change the land use designation on 25.97 acres of land from Medium Density
Residential (MDR) to Mixed Use-Regional (MU-R); and 42.18 acres to the Medium
Density Residential Comprehensive Plan Land Use designation.
Annexation and zoning (AZ) of 14.41 acres of land from the RUT zoning district in Ada
County to the C-G zoning district;
Conditional use permit (CUP) for a multi-family development consisting of 312 dwelling
units in the C-G district.
See Section IX of the staff report for more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed CPAM, AZ and CUP applications in accord with the
conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D.
The Meridian Planning & Zoning Commission heard these items on July 7, 2016. At the public
hearing, the Commission moved to recommend approval of the subject CPAM, AZ and CUP
requests.
a. Summary of Commission Public Hearing:
i. In favor: Jim Conger (Applicant)
ii. In opposition: Donna McDonald,
iii. Commenting: Gary Glenn, Jerrod Jenkins
iv. Written testimony: None
v. Staff presenting application: Josh Beach
vi. Other staff commenting on application: Bill Parsons
b. Key issue(s) of Public Testimony:
Silverstone Apartments – CPAM, AZ, CUP H-2016-0060 PAGE 2
i. Traffic on Overland Road
ii. Access to Overland Road
c. Key Issues of Discussion by Commission:
i. Design of the apartment
ii. Access to Overland Road
iii. Amenities provided with the development
iv. Appropriateness of this property as part of the large Mixed Use designation
d. Commission Change(s) to Staff Recommendation:
i. None
e. Outstanding Issue(s) for City Council:
i. None
The Meridian City Council heard these items on August 16, 2016. At the public hearing, the
Council approved the subject AZ and PP request.
a. Summary of City Council Public Hearing:
i. In favor: Jim Conger (Applicant)
ii. In opposition: None
iii. Commenting: Lee Colson
iv. Written testimony: None
v. Staff presenting application: Josh Beach
vi. Other staff commenting on application: None
b. Key Issues of Discussion by Council:
i. None
c. Key Council Changes to Staff/Commission Recommendation
i. None
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to recommend approval to the City
Council of File Number H-2016-0060, as presented in the staff report for the hearing date of July 7,
2016, with the following modifications: (Add any proposed modifications).
Denial
After considering all staff, applicant and public testimony, I move to recommend denial to the City
Council of File Number H-2016-0060, as presented during the hearing on July 7, 2016, for the
following reasons: (You should state specific reasons for denial)
Continuance
I move to continue File Number H-2016-0060 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is located at 4225 E. Overland Road, in the NE ¼ of Section 21, Township 3N., Range
1E.
B. Owner(s):
Silverstone Apartments – CPAM, AZ, CUP H-2016-0060 PAGE 3
William P. Bienapfl Jr.
2674 S. Andros
Meridian, ID 83642
C. Applicant:
DevCo, LLC
4824 W. Fairview Ave.
Meridian, ID 83706
D. Representative:
Conger Management Group
4824 W. Fairview Ave
Meridian, Idaho 83706
E. Applicant’s Statement/Justification: Please see applicant’s narrative for this information.
V. PROCESS FACTS
A. The subject application is for a comprehensive plan map amendment, annexation and a
conditional use permit. A public hearing is required before the Planning & Zoning Commission
and City Council on these applications, consistent with Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: June 20 and July 4, 2016 (Commission); July 25 and
August 8, 2016 (Council)
C. Radius notices mailed to properties within 300 feet on: June 10, 2016 (Commission); July 21,
2016 (Council)
D. Applicant posted notice on site(s) on: June 24, 2016 (Commission); August 1, 2016 (Council)
VI. LAND USE
A. Existing Land Use(s) and Zoning: This site consists of rural residential property and agricultural
production, zoned RUT in Ada County.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: E. Overland Road and single family homes in Rolling Hills Subdivision, zoned R1 in
Ada County
2. East: Commercial property, zoned RUT in Ada County
3. South: Agricultural property, zoned RUT in Ada County
4. West: Commercial property in the Silverstone Business Park, zoned C-G
C. History of Previous Actions: None
D. Utilities:
1. Public Works:
a. Location of sewer: Sanitary sewer mains intended to provide service to the subject site
currently exists in E. Overland Road.
b. Location of water: Water mains intended to provide service to the subject site currently
exist in E. Overland Road.
c. Issues or concerns: None
Silverstone Apartments – CPAM, AZ, CUP H-2016-0060 PAGE 4
E. Physical Features:
1. Canals/Ditches Irrigation: The Eight Mile Creek is south of the proposed development and
should not impact the development of this property however, there is a smaller drainage ditch
that needs to be relocated or tiled with the development of the multi-family project.
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: A portion of the site along the Eight Mile Creek is located in the Meridian
Floodplain Overlay District. It appears the area proposed for the multi-family project is
outside of this area.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
LAND USE DESIGNATION (CURRENT): This property is designated Medium Density Residential
MDR) on the Comprehensive Plan Future Land Use Map (FLUM). The MDR designation allows
smaller lots for residential purposes within City limits. Uses typically include single family homes at
densities of 3 to 8 dwelling units per acre. See Exhibit A.2 for current FLUM.
LAND USE DESIGNATION (PROPOSED): The applicant proposes to amend the FLUM to change the
land use designation on 25.97 acres of land from Medium Density Residential (MDR) to Mixed-Use
Regional (MU-R) and 42.18 acres to Medium Density Residential Land Use designation.
Mixed-Use Regional: The purpose of the Mixed-Use Regional designation is to provide a mix of
employment, retail, and residential dwellings and public uses near major arterial intersections. The
intent is to integrate a variety of uses together, including residential, and to avoid predominantly
single use developments such as a regional retail center with only restaurants and other commercial
uses. Developments should be anchored by uses that have a regional draw with the appropriate
supporting uses. For example, an employment center should have support retail uses; a retail center
should have supporting residential uses as well as supportive neighborhood and community services.
The standards for the MU-R designation provide an incentive for larger public and quasi-public uses
where they provide a meaningful and appropriate mix to the development. The developments are
encouraged to be designed according to the conceptual MU-R plan depicted in Figure 3-5 (Below).
Silverstone Apartments – CPAM, AZ, CUP H-2016-0060 PAGE 5
Medium Density Residential: The purpose of the Medium Density designation is to allow
smaller lots for residential purposes within City limits. Uses may include single-family homes at
gross densities of three to eight dwelling units per acre. Density bonuses may be considered with
the provision of public amenities such as open space, pathways, or land dedicated for public
services.
TRANSPORTATION: The Master Street Map depicts a future north/south collector road in this area.
The construction of this roadway is not proposed with the development of the multi-family
development however, the proposed concept plan identifies a future road connection to Overland
Road farther to the east. Although the applicant is proposing Overland Road access with the multi-
family development, to increase inter-connectivity as envisioned in the Comprehensive Plan, staff
recommends that the applicant grant cross access to the properties to the east and south with the
development of the multi-family project. Further, the one access point to Overland Road is predicated
on ACHD and City Council granting the approval. The transportation system for the MDR
portion of the site will be reviewed with a future development application.
DESIGN: The design of future structures on this site are required to comply with the design standards
listed in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual. The development
should incorporate high quality architectural design and materials consistent with the MU-R
designation. In order for the development to be considered integrated with the adjacent MU-R
designated property to the west, the proposed mixed use area (multi-family and future commercial
development) should be cohesive in site layout and architectural design of the business park to the
west.
The proposed concept plan depicts a multi-family development and future commercial property. The
multi-family portion of the plan depicts 15 multi-family residential structures, containing a total of
312 dwelling units at a net density of 23.2 units/acre. The proposed density falls within the density
range (6 to 40 units/acre) desired in MU-R designated areas.
The commercial portion depicts ten (10) buildings, including a portion of which falls within the
jurisdiction of the City of Boise’s Area of City Impact. These buildings vary in size from 40,000 s.f.
to the smallest pad site of 3,500 s.f. The proposed plan depicts future layout, future connectivity to a
public road road and internal connectivity (vehicular and pedestrian) with the multi-family
development. In general, staff is supportive of the concept plan however; staff would encourage the
applicant align the driveway between the future commercial and multi-family on the east boundary
with the drive aisle between buildings D and F.
There is not development proposed for the MDR portion of the site, At this time, the applicant
is only requesting a land use designation. Staff anticipates more details of how this property will
develop with a future development application.
GOALS, OBJECTIVES, & ACTION ITEMS: Staff finds the following Comprehensive Plan policies to
be applicable to this application and apply to the proposed use of this property (staff analysis in
italics):
Support a variety of residential categories (low-, medium-, medium-high and high-density
single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the
purpose of providing the City with a range of affordable housing opportunities.” (3.07.01E)
The proposed multi-family residential development will contribute to the variety of residential
uses that currently exist in this area (i.e. low and medium density). Staff is unaware of how
affordable” the units will be.
Silverstone Apartments – CPAM, AZ, CUP H-2016-0060 PAGE 6
Provide housing options close to employment and shopping centers.” (3.07.02D)
Because of its location in close proximity to the Silverstone Business Park, nearby shopping
centers), and major transportation corridors (I-84 and SH-55/Eagle Road), this property is
ideal for providing higher density housing options.
Locate high-density development, where possible, near open space corridors or other
permanent major open space and park facilities, Old Town, and near major access
thoroughfares.” (3.07.02N)
The proposed multi-family development is located in close proximity to major access
thoroughfares (i.e. I-84 and SH-55/Eagle Road) within the City.
Protect existing residential properties from incompatible land use development on adjacent
parcels.” (3.06.01F)
The existing rural residential properties to the north are across a major arterial roadway and
should not be impacted by the proposed multi-family development on the south side of
Overland Road.
Require all new and reconstructed parking lots to provide landscaping in internal islands
and along streets.” (2.01.04B)
Landscaping is proposed within planter islands in the parking areas on this site as shown on
the landscape plan attached in Exhibit A.5.
Permit new development only where urban services can be reasonably provided at the time
of final approval and development is contiguous to the City.” (3.01.01F)
This property is contiguous to land that has already been annexed into the City. Urban
services can be provided to this property upon development.
Amend the Unified Development Code and Comprehensive Plan Future Land Use Map to
ensure a wide variety of housing types can be developed and properly zoned and land is
available” (3.07.01A)
The area in the vicinity of Eagle Road and the I-84/Eagle Road interchange is limited in
housing options. The proposed project would promote housing diversity and provide greater
opportunities for residents to live near their place of employment and shopping centers.
Adopt land use designations that will allow for housing opportunities for all income levels.”
3.07.01D)
Few of the major employment areas within the City are adequately supported with enough
housing options. Density near employment centers allow for workforce housing and promote
community resiliency, potentially reducing commute times and expenses, and allowing for
increased community and economic engagement.
Require landscape street buffers for new development along all entryway corridors.”
2.01.02E)
A 35-foot wide landscape buffer is required along E. Overland Road, an arterial street, in
accord with the standards listed in UDC 11-3B-7C Landscape Buffers along Streets.
Provide for a wide diversity of housing types (single-family, modular, mobile homes and
multi-family arrangements) and choices between ownership and rental dwelling units for all
income groups in a variety of locations suitable for residential development.” (3.07.03B)
The development of multi-family homes on this site will contribute to the variety of housing
types available in this part of the City.
Silverstone Apartments – CPAM, AZ, CUP H-2016-0060 PAGE 7
Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D)
The UDC (11-3A-3) restricts access to arterial streets when access is available from a local
street. The applicant has indicated that they will construct an access to the existing stub
street at E. Pewter Falls Street. The proposed access to Overland Road is predicated on the
applicant obtaining a waiver from City Council and obtaining ACHD’s approval.
Consistent with the Transportation and Land Use Integration Plan, require all new
residential neighborhoods to provide sidewalks, curb and gutters, and complete streets.”
3.07.02B)
Curb, gutter and sidewalks already exist along E. Overland Road. Portions between the curb
and the sidewalk are improved with gravel. With the development of the multi-family project,
the applicant should replace the existing gravel with vegetative groundcover in accord with
UDC 11-3B-7C.
STATE REQUIRED COMPREHENSIVE PLAN ANALYSIS
Idaho’s counties and cities are required by law, Idaho Code 67-6508, to prepare, implement, review,
and update a comprehensive plan which outlines goals and policies for land use. Fourteen elements
which must be addressed in the plan are listed in the Code. It is the detailed ordinances that then spell
out how these policies are to be achieved.
The order in which the following policies are presented implies no order or priority.
a. Property Rights
The purpose of this element is to ensure that the land use policies, restrictions, conditions, and
fees do not unconstitutionally violate private property rights, and establish a consistent review
process that enable the City to ensure that any proposed actions will not result in an
unconstitutional taking of private property without due process of law. Staff finds that the
requested Comprehensive Plan Map Amendment, Annexation and Conditional Use Permit would
not unconstitutionally violate private property rights. A neighborhood meeting was held on April
27, 2016 of which 4 people attended (see sign-up sheet included in application).
b. Population
The City of Meridian must ensure that population growth is accommodated in an orderly pattern.
Residential and commercial developments must be easily served by City infrastructure and public
services. Necessary services are currently available to the subject site and should still be available
upon development of the site.
c. School Facilities and Transportation
The purpose of this element is to direct new residential development to areas with adequate
school facilities and student transportation. A letter was received from the West Ada School
District stating that the proposed development is predicted to generate approximately 250 school
aged children (spread over all grade levels) which West Ada School District claims will have a
significant impact on schools in the district most of which are already operating at or over
capacity.
d. Economic Development
Meridian’s economic base has been gradually shifting over the last 20 years from a farming-based
economy to a retail, service, medical and manufacturing-based economy. During this time, local
policy with regard to the types of lands needed to support the economic and employment needs of
the community has also changed. The Comprehensive Plan forecasts the need to continually
Silverstone Apartments – CPAM, AZ, CUP H-2016-0060 PAGE 8
adjust the provision of commercial lands in order to gradually broaden economic opportunity
throughout the City.
The subject property is currently identified as appropriate for Medium-Density Residential uses.
However, because the site is located near major transit corridors (I-84 and Eagle Road/SH-55)
and commercial and employment uses and services, Staff finds the proposed MU-R designation is
appropriate for this site.
e. Land Use
The Comprehensive Plan Future Land Use Map is a graphic representation of applicable policies
and goals of Meridian’s Comprehensive Plan. The Map has been prepared to identify suitable
areas for future residential, commercial, and industrial development. The Map is designed to be a
projection of growth patterns for the City. Therefore, the Map is to be used as a guide for
decisions regarding requests for land use changes.
f. Natural Resources
The purpose of this element is to promote conservation of areas of natural significance, where
appropriate. Staff is not aware of any natural resources that exist on this site that would be
impacted by the proposed development.
g. Hazardous Areas
The purpose of this element is to ensure regulation of development in hazardous areas, such as
floodplains, unstable slopes, etc. Staff is unaware of any hazardous areas on this site.
h. Public Services, Facilities, and Utilities
City water and sewer service is available to the subject property and will be extended upon
development by the developer.
i. Transportation
The purpose of this element is to promote an efficient and safe transportation system within the
City. The proposed development will increase traffic within this area of the City; however, the
nearby traffic corridors (i.e. Eagle Road/SH-55 and I-84) should provide efficient and safe
transportation to and from the development. With the development of the multi-family project the
applicant will need to construct an access road that connects the proposed multi-family
development with E. Pewter Falls Street to facilitate access to a signalized intersection. The
proposed development is also within walking and biking distance of many services, employment
centers, public transit and public parks. The mixed use standards encourage integrated
transportation connections. Additional access for the area, as shown on the concept plan, will be
provided when the surrounding properties are developed and reviewed and approved with
future development applications.
j. Recreation
Recreation resources within Meridian include 19 developed City parks totaling approximately
240 acres. The City is in the process of developing new park facilities. The City also maintains
several pathways. This site is not formally designated for recreational purposes. However, the site
is located within a couple of miles of Kleiner Park, a 60-acre regional park (Fairview Ave./Eagle
Rd.) and Storey Park, a 16+/- acre city park (Franklin Rd/Main St.)
k. Special Areas or Sites
The subject amendment does not directly impact any lands designated for open space, natural
resources, or scenic areas, nor does the parcel contain any known significant or sensitive natural
resources.
Silverstone Apartments – CPAM, AZ, CUP H-2016-0060 PAGE 9
l. Housing
The City of Meridian is charged with ensuring an adequate and attractive living environment
which meets the needs of City residents of different ages, family sizes, lifestyles, and income
levels. To accomplish this, the plan identifies areas appropriate for residential development and
areas not appropriate. This site is currently designated for residential uses. The applicant proposes
to change the land use designation on this property to MU-R and develop multi-family residential
uses on the site at a gross density of 23.2 units/acre. Under the mixed use standards it is
anticipated that future residential development will range in densities between 6 to 40 dwelling
units to the acre. Staff believes the proposed change will provide housing opportunities near
employment, shopping and medical services in close proximity to major transportation corridors
i.e. I-84 and Eagle Road/SH-55).
m. Community Design
The purpose of this element is to ensure a pattern of planned growth resulting in orderly and
attractive developments within the City of Meridian. The intended use of this property is a high-
density residential development consisting of 15 buildings with a total of 312 residential units. To
ensure quality design, all future structures will be required to comply with the City’s design
standards contained in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual.
n. Agriculture
The subject amendment will impact areas being used for farming activities. The multi-family
development will be constructed on land that was previously used as farm land.
o. Implementation
The City provides the necessary staff and facilities to administer and enforce the policies and
goals of the Comprehensive Plan. The City of Meridian Planning Division will administer the
Comprehensive Plan and its policies through the Unified Development Code. The Planning &
Zoning Commission is also authorized by the Council to review, approve and make
recommendations on proposals affecting the public’s interest in land use. The City Council is the
ultimate decision making authority on most land use applications.
p. National Interest Electric Transmission Corridors
This site is not designated for a high-voltage transmission line corridor.
q. Public Airport Facilities
This site is not designated for a public airport facility.
SUMMARY: Because this site is located near Eagle Road/SH-55 and I-84, major transportation
corridors in the City, and is in close proximity to shopping, employment and service uses, staff
believes the MU-R and MDR designations and proposed development is appropriate for this
property.
If the change to the FLUM is approved, the proposed development will contribute to the mix of
housing types in this area at a density desired in MU-R designated areas. The development will also
provide housing options near commercial and employment areas located along Eagle Road and in the
general vicinity. Convenient access to services and jobs for residents would also be provided.
VIII. UNIFIED DEVELOPMENT CODE (UDC)
A. Purpose Statement of Zone (C-G): The purpose of the commercial districts is to provide for the retail
and service needs of the community in accordance with the Meridian Comprehensive Plan. Six (6)
Silverstone Apartments – CPAM, AZ, CUP H-2016-0060 PAGE 10
districts are designated which differ in the size and scale of commercial structures accommodated in
the district, the scale and mix of allowed commercial uses, and the location of the district in proximity
to streets and highways.
B. Schedule of Use: Table 11-2B-2 lists the principal permitted (P), accessory (A), conditional (C), and
prohibited (-) uses in the proposed C-G zoning district. Any use not explicitly listed, or listed as a
prohibited use is prohibited.
C. Dimensional Standards: Development of the site shall comply with the dimensional standards listed
in UDC 11-2B-3 for the C-G zoning district.
D. Landscaping Standards (UDC 11-3B): The standards for landscaping contained in UDC 11-3B and
11-4-3-27F apply to development of this site.
E. Common Open Space and Site Amenity Requirements: Common open space and site amenities are
required to be provided on the site in accord with the requirements listed in11-4-3-27C and 11-4-3-
27D. The standards listed in UDC 11-3G-3 do not apply to development of this site because the
property is not in a residential district.
F. Structure and Site Design Standards: Development is required to comply with the design
standards listed in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual.
IX. ANALYSIS
Analysis of Facts Leading to Staff Recommendation:
A. Comprehensive Plan Map Amendment (CPAM):
The applicant proposes to amend the FLUM contained in the Comprehensive Plan to change the
land use designation on 25.97 acres of land from Medium-Density Residential to Mixed Use-
Regional.
A concept plan for the entire proposed MU-R area was submitted with the subject application.
The concept plan depicts a mixed use development consisting of ten (10) commercial buildings
ranging in size from 40,000 square feet to 3,500 square feet, access to the future development and
various other commercial site improvements and a 312 unit multi-family development. This is a
first phase of a much larger development that is slated for a future application submittal (see
applicant’s narrative for details). Note: Some of the area still remains within the City of
Boise’s Area of City Impact as shown in Exhibit A.3.
Prior to submitting an application to the City of Meridian, the applicant reached out to
Boise City to determine the likelihood of being able to provide utilities to the 42.18 acres
proposed to be included in the Comprehensive Plan Future Land Use Map. (The property
to be included in the Comprehensive Plan Future Land Use Map is indicated in a purple
box in Exhibit A.2).
It was determined that Boise City could not provide utilities for the property in question. In
a letter dated January 20, 2016 sent to Cody Riddle, the Current Planning Manager for
Boise City, Warren Stewart of the City of Meridian indicated that the area in question was
included in Meridian’s Master Planning for Sanitary Sewer and Water Services and that
the property is serviceable by the City of Meridian (see Exhibit A.7). Subsequently, Boise’s
City Council de-annexed the subject property on April 19, 2016 and a letter was sent to the
applicant stating such (see Exhibit A.8). The applicant is now requesting to include this
42.18 acre parcel into the City of Meridian’s Comprehensive Plan Future Land Use Map
with the MDR land use designation.
For the reasons stated in Section VII above, Staff is in support of the applicant’s request.
Silverstone Apartments – CPAM, AZ, CUP H-2016-0060 PAGE 11
B. Annexation & Zoning (AZ):
The applicant requests approval to annex and zone 14.41 acres of land with a C-G zoning district
consistent with the proposed FLUM designation of MU-R to develop the multi-family portion of
the property. In the application submittal, the applicant did submit a tentative approval letter from
Ada County Development Services approving a property boundary in the configuration of the
proposed development. Staff recommends that the applicant submit a letter of final approval
from Ada County Development Services for the Boundary Line Adjustment and a recorded
copy of the Record of Survey, prior to approval of the annexation ordinance by City
Council.
The legal description submitted with the application, included in Exhibit C, shows the boundaries
of the property proposed to be annexed and zoned. The property is contiguous to land that has
been annexed into the City and is within the Area of City Impact boundary.
The City may require a development agreement (DA) in conjunction with an annexation pursuant
to Idaho Code section 67-6511A. To ensure the site develops as proposed and recommended by
staff with this application, staff recommends a DA as a provision of annexation with the
provisions included in Exhibit B.
C. Conditional Use Permit (CUP):
A CUP is requested for a multi-family development in the proposed C-G zoning district as
required by UDC Table 11-2A-2.
The multi-family residential development is proposed to consist of 312 dwelling units within (15)
3-story structures on 13.51 acres of land. The units will consist of 204 2-bedroom units and 108
1-bedroom units containing 500s.f. and 1,200 s.f. respectively. A 4,389 s.f. clubhouse is proposed
that will contain a business center, leasing office, exercise room, and enclosed bike storage with a
covered patio. Associated garage (15) and carport structures (25) are also proposed (see site plan
in Exhibit A.4).
Specific Use Standards: The specific use standards for multi-family developments listed in UDC
11-4-3-27 apply to development of this site as follows: (Staff’s comments in italics)
A minimum of 80 square feet (s.f.) of private useable open space is required to be
provided for each unit.
The patios proposed with the submitted floor plans do not comply with the required 80
s.f. of private open space per unit. At the time of Certificate of Zoning Compliance
submittal, the applicant shall revise the floor plans to meet this requirement.
Developments with 20 units or more shall provide a property management office, a
maintenance storage area, a central mailbox location with provisions for parcel mail that
provides safe pedestrian and/or vehicular access and a directory map of the development
at an entrance or convenient location for those entering the development.
The submitted site plan shows the property management office, maintenance storage
area, mailbox location. The site plan submitted with the Certificate of Zoning
Compliance application should depict the location of the directory map.
At a minimum, 250 s.f. of common open space is required for each unit containing more
than 500 s.f. and up to 1,200 s.f. of living area.
Silverstone Apartments – CPAM, AZ, CUP H-2016-0060 PAGE 12
Because all of the proposed units (312) contain between 500 and 1,200 square feet of
living area, a minimum of 78,000 s.f. (or 1.79 acres) of common open space is required
to be provided. A total of 2.55 acres of passive and active open space is proposed.
Common open space is required to be a minimum of 400 s.f. in area with a minimum
length and width dimension of 20 feet. The calculations table depicts 111,383 s.f. of
common open space is proposed.
For multi-family developments with more than one hundred (100) units, the decision
making body shall require additional amenities commensurate to the size of the proposed
development.
Because 312 units are proposed, the Commission should determine if the number of
amenities is proportionate to the size of the proposed development each from at least one
from each category (i.e. quality of life, open space, recreation). The applicant proposes
to provide the following amenities: 1) clubhouse, 2) fitness facility (in the clubhouse), 3)
a swimming pool, 4) a children’s play structure, 5) a 50’x 100’ open grassy area, and 6)
enclosed bicycle storage (within the clubhouse), with the capability of storing
approximately 60 bicycles, and 7) a business center (within the clubhouse) which fall
under the quality of life and recreation categories. The applicant has provided seven (7)
amenities as detailed above. Staff believes the applicant has provided sufficient
amenities for the size of the proposed development.
Landscaping is required to comply with UDC 11-4-3-27-F. All street facing elevations
shall have landscaping along their foundation as follows: the landscaped area shall be at
least 3-feet wide and have an evergreen shrub with a minimum mature height of 24
inches for every 3 linear feet of foundation. The remainder of the area shall be landscaped
with ground cover plans.
The landscape plan submitted with the Certificate of Zoning Compliance should
comply with this requirement for the sides of the structures that face E. Overland
Road.
The development is required to record legally binding documents that state the
maintenance and ownership responsibilities for the management of the development,
including, but not limited to, structures, parking, common areas, and other development
features.
The applicant should submit documentation of compliance with this requirement with
the Certificate of Zoning Compliance application or prior to issuance of Certificate of
Occupancy at the latest.
Access: The primary entrance for the development is from E. Overland Road. The applicant has
also proposed cross-access to the future commercial development to the east and depicts a road to
the southwest corner of the apartments that will provide access to an existing stub street (E.
Pewter Falls Street) from the Silverstone Campus Subdivision.
The Master Street Map depicts a collector street from E. Overland Road through the proposed
development. The applicant proposes to move the street farther east, to align with the future
commercial. This would also provide access to future residential development to the south with a
future development application. ACHD is currently analyzing this request with the applicant’s
traffic impact study. At the time of this staff report, staff had not received comments from ACHD
on the access points to the proposed development. Staff anticipates ACHD’s comments prior to
the Council hearing. With the first phase of development, staff recommends that the
applicant construct a southern access from the multi-family development to connect to E.
Pewter Falls Street.
Silverstone Apartments – CPAM, AZ, CUP H-2016-0060 PAGE 13
Parking: Off-street vehicle parking is required to be provided on the site in accord with the
standards listed in UDC 11-3C-6. For multi-family developments, parking standards are based on
the number of bedrooms per unit – 1-bedroom units require 1.5 spaces per unit with at least one
of those in a covered carport or garage and 2-bedroom units require 2 spaces per unit with at least
one of those in a covered carport or garage.
The proposed multi-family development consist of 108 one-bedroom units and 204 two-bedroom
units bedroom units. A total of 332 covered spaces and 256 open spaces are proposed. The
number of covered and open parking stalls proposed complies with UDC standards.
For the clubhouse, a minimum of one space per 500 square feet of gross floor area is required to
be provided in accord with the standards listed in UDC 11-3C-6B. Based on 4,389 square feet, a
minimum of 9 parking spaces are required to be provided.
A minimum of one bicycle parking space for every 25 proposed vehicle spaces or portion thereof
is required to be provided on the site per UDC 11-3C-6G in accord with the standards listed in
UDC 11-3C-5C. Based on 588 vehicle spaces proposed to be provided on the site, a minimum of
24 bicycle spaces are required. The applicant proposes a total of 190 bicycle parking spaces in
bicycle racks dispersed throughout the site in compliance with this requirement.
Landscaping: Parking lot landscaping is required to be provided in accord with the standards
listed in UDC 11-3B-8C as proposed. A 25-foot wide buffer was created with the Silverstone
Campus Subdivision on the west boundary. Per the multi-family standards a minimum of a 10-
foot wide setback is required along the perimeter of the project which should provide additional
buffering for the residential units proposed next to the west boundary.
Street buffer landscaping along E. Overland Road is required as set forth in UDC Table 11-2B-3.
A 35-foot wide buffer is required along E. Overland Road, an entryway corridor. Landscaping is
required to be installed within the street buffer in accord with the standards listed in UDC
11-3B-7C with the first phase of development and prior to issuance of the first Certificate of
Occupancy for the site.
Sidewalks: A detached sidewalk exists along E. Overland Road however, there is existing gravel
in between the existing curb and the sidewalk that must to be removed and the area vegetated
with the development of the multi-family project.
Fencing: Any fencing proposed to be constructed on the site shall comply with the standards
listed in UDC 11-3A-7. A 7-foot tall wrought iron fence is proposed around the swimming pool;
no other fencing is proposed. Fencing is not permitted within the required 35 foot landscape
buffer along E. Overland Road. The gated entry off of E. Overland Road must be removed.
Trash Enclosures: Trash enclosures (and other service functions) are required to be incorporated
into the overall design of buildings and landscaping so that the visual and acoustic impacts of
these functions are fully contained and out of view from adjacent properties and public streets.
Safe access and adequate lighting should be provided in these areas in accord with UDC 11 -3A-
12B.
Five trash enclosures are depicted on the site. The number of enclosures, sizes and locations
should be approved by Bob Olsen, Republic Services. A detail of the trash enclosures should
be submitted with the Certificate of Zoning Compliance application(s).
Building Elevations: Building elevations were submitted for the multi-family structures and
clubhouse. (see Exhibit A.6). The applicant did not provide elevations of the garages or the
carports. Prior to the Commission hearing, the applicant shall submit the elevation of the
garages and the carport structures.
Silverstone Apartments – CPAM, AZ, CUP H-2016-0060 PAGE 14
Building materials for the clubhouse consist of fiber cement horizontal lapped siding and Portland
cement stucco with architectural laminated fiberglass roof shingles; stone veneer is listed in the
notes as a material but is shown in error per the applicant.
Building materials for the multi-family structures consist primarily of fiber cement horizontal
lapped siding with Portland cement stucco accents and architectural laminated fiberglass roof
shingles.
Building materials for the garages and storage buildings consist primarily of fiber cement
horizontal lapped siding with Portland cement stucco accents on the rear of the structures and
asphalt roof shingles. Building materials for the garage/maintenance building consist of Portland
cement stucco with asphalt roof shingles.
Future structures built on the site are required to comply with the City’s design standards
and guidelines in effect at the time of development and obtain design review approval; the
proposed elevations are conceptual only and are not approved.
Certificate of Zoning Compliance: The applicant is required to obtain approval of a Certificate
of Zoning Compliance application for establishment of the new use and to ensure all site
improvements comply with the provisions of the UDC and the conditions in this report prior to
application for building permits, in accord with UDC 11-5B-1.
Design Review: The applicant is required to submit an application for Design Review concurrent
with the Certificate of Zoning Compliance application in accord with UDC 11-5B-8. The site and
building design is required to be consistent with the elevations and site plan submitted with this
application, the conditions of approval noted herein, and the design standards and guidelines in
effect at the time of submittal of the application.
In summary, Staff recommends approval of the proposed CPAM, AZ and CUP applications with
the conditions included in Exhibit B and approval of the proposed AZ application with a
development agreement that includes the provisions listed in Exhibit B of this report in accord
with the findings contained in Exhibit D.
X. EXHIBITS
A. Drawings/Other
1. Vicinity/Zoning Map
2. Existing & Proposed FLUM
3. Conceptual Area Plan (dated: 1/27/16)
4. Site Plan (dated: 11/18/15)
5. Landscape Plan (dated: 1/29/16)
6. Conceptual Building Elevations (dated: 6/27/15)
7. Letter from Warren Stewart (Meridian)
8. Letter from Cody Riddle (Boise)
B. Agency & Department Comments
C. Legal Description & Exhibit Map for Annexation & Zoning Boundary
D. Required Findings from Unified Development Code
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Exhibit A.1: Zoning & Aerial Maps
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Exhibit A.2: Existing & Proposed FLUM
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Exhibit A.3: Conceptual Area Plan (dated: 1/27/16)
Comp Plan
Amendment
CUP/
Annexation
Boise City,
Not a Part
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Exhibit A.4 CUP Site Plan (dated: 11/18/15)
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Exhibit A.5: Landscape Plan (dated: 1/29/16)
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8 -
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Exhibit A.6: Conceptual Building Elevations (dated: 1/27/16)
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11 -
12 -
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Exhibit A.7: Letter from Warren Stewart (Meridian)
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Exhibit A.8: Letter from Cody Riddle (Boise)
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B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS
1. PLANNING DEPARTMENT
1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior
to the annexation ordinance approval, a DA shall be entered into between the City of Meridian,
the property owner(s) at the time of annexation ordinance adoption, and the developer.
Currently, a fee of $303.00 shall be paid by the applicant 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 granting annexation. The DA shall,
at minimum, incorporate the following provisions:
a. The existing home and associated outbuildings shall be removed from the site prior to
applying for a building permit.
b. The record of survey for the reconfiguration of the property boundary shall be recorded
with the County prior to approval of the annexation ordinance.
c. Future development of this site shall substantially comply with the concept plan, site plan,
landscape plan and architectural elevations included in Exhibit A and the conditions
contained herein.
d. A maximum of 312 residential dwelling units shall be constructed within this development.
e. Future development shall comply with the design standards listed in UDC 11-3A-19 and the
City of Meridian Architectural Standards Manual.
f. A 35-foot wide street buffer is required to be constructed along E. Overland Road, an
entryway corridor, with the first phase of development and prior to issuance of the first
Certificate of Occupancy for the site. Landscaping is required to be installed within the buffer
in accord with the standards listed in UDC 11-3B-7C.
g. Site amenities shall be provided for this development from each of the amenity categories as
follows: a tot lot with a children’s play structure and a pool; a 50’x 100’ open grassy area as
an open space amenity; and a fitness facility, enclosed bike storage, conference/business
center and clubhouse as quality of life amenities, in accord with the standards listed in 11-4-
3-27D.
h. Cross-access shall be granted to the properties to the east and to the south for future inter-
connectivity. The recorded cross access agreement shall be submitted with the first certificate
of zoning compliance application.
i. With the first phase of development for the multi-family, the applicant shall construct a
southern access to connect to E. Pewter Falls Street as shown in the attached Exhibit.
1.1.2 The developer shall comply with the specific use standards for multi-family developments listed
in UDC 11-4-3-27.
1.1.3 The landscape plan included in Exhibit A.3, dated January 29, 2016, is approved with the
conditions contained herein.
1.1.4 The site plan included in Exhibit A.4, dated November 18, 2015, shall be revised as follows:
a. The site plan submitted with the Certificate of Zoning Compliance application should depict
the location of the directory map.
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b. Parking shall comply with the standards listed in UDC 11 -3C-6 for multi-family dwellings
and for the clubhouse listed in UDC 11-3C-6B.
c. With the first phase, construct an access from the southwest corner of the Silverstone
Apartments property to the existing stub street (E. Pewter Falls Street) in the Silverstone
Campus Sub.
d. Include a detail of the trash enclosures.
e. Remove the gate from the E. Overland Road access.
f. Remove the fencing from the required 35 foot landscape buffer or relocate to the interior edge
of the street buffer.
g. The cross access drive on the east boundary of the multi-family development shall shift to the
south and align with the drive aisle between building D and F.
1.1.5 Submit a detail of the proposed children’s play equipment for the tot lot with the certificate of
zoning compliance application.
1.1.6 All fencing shall comply with the standards listed in UDC 11-3A-7.
1.1.7 The submitted floorplans do not provide the required 80 square feet of private open space per
unit. With the CZC submittal, the applicant shall submit floorplans that meet the requirements as
set forth in UDC 11-4-3-27.
1.1.8 The applicant is required to obtain approval of a Certificate of Zoning Compliance application for
establishment of the new use and to ensure all site improvements comply with the provisions of
the UDC and the conditions in this report prior to application for building permits, in accord with
UDC 11-5B-1.
1.1.9 The applicant is required to submit an application for Design Review concurrent with the
Certificate of Zoning Compliance application in accord with UDC 11-5B-8. The site and building
design is required to be generally consistent with the elevations and site plan submitted with this
application, the conditions of approval noted herein, and comply with the design standards and
guidelines in effect at the time of submittal of the application.
1.1.10 The applicant 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, per UDC 11-4-3-27G. A copy of the
document(s) shall be submitted with the first Certification of Zoning Compliance application.
1.1.11 Prior to the Commission hearing, the applicant shall submit the elevation of the garages and
the carport structures.
1.1.12 Landscaping is required to be provided along the foundation of all street facing elevations in
accord with the standards in UDC 11-4-3-27-F.
1.1.13 The applicant shall obtain a Council waiver for the access to Overland Road in accord with
UDC 11-3A-3.
1.2 General Conditions of Approval
1.2.1 Comply with all bulk, use, and development standards of the applicable district listed in UDC
Chapter 2 District regulations.
1.2.2 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set
forth in UDC 11-3A-6.
1.2.3 Install lighting consistent with the provisions as set forth in UDC 11-3A-11.
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1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A-
15, UDC 11-3B-6 and MCC 9-1-28.
1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. The existing gravel in
between the existing curb and the sidewalk that must to be removed and the area vegetated
with the development of the multi-family project.
1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J.
1.2.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3B-5I,
11-3B-8C, and Chapter 3 Article C.
1.2.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B-
7C (streets).
1.2.9 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B-
11C.
1.2.10 Protect any existing trees on the subject property that are greater than four-inch caliper and/or
mitigate for the loss of such trees as set forth in UDC 11-3B-10.
1.2.11 Provide bicycle parking spaces as proposed on the site plan.
1.2.12 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-12.
1.2.13 Construct all required landscape areas used for storm water integration consistent with the
standards as set forth in UDC 11-3B-11C.
1.2.14 Comply with the structure and site design standards, as set forth in UDC 11-3A-19 and the
guidelines set forth in the City of Meridian Architectural Manual.
1.2.15 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle.
1.2.16 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site.
1.2.17 All fencing constructed on the site shall comply with the standards as set forth in UDC 11-3A-7
and 11-3A-6B as applicable.
1.3 Ongoing Conditions of Approval
1.3.1 The conditional use may only be transferred or modified consistent with the provisions as set forth
in UDC 11-5B-6G. The applicant shall contact Planning Division staff regarding any proposed
modification and/or transfer of ownership.
1.3.2 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a
minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the
area.
1.4 Process Conditions of Approval
1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the
applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3
Article D and receive approval for such signs.
1.4.2 The conditional use approval shall be null and void if the applicant fails to 1) commence the use
within two years as set forth in UDC 11-5B-6F1 or 2) gain approval of a time extension as set
forth in UDC 11-5B-6F4.
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1.4.3 The applicant shall submit and obtain approval of a Certificate of Zoning Compliance and Design
Review application from the Planning Division, prior to submittal of any building permit
application.
2. PUBLIC WORKS DEPARTMENT
2.1 Site Specific Conditions of Approval
2.1.1 A portion of this project lies within the Meridian Floodplain Overlay District. Prior to any
development occurring in the Overlay District, a floodplain permit application, including
hydraulic and hydrologic analysis is required to be completed and submitted to the City and
approved by the Floodplain Administrator per MCC 10-6.
2.1.2 A street light plan will need to be included in the final plat application. Street light plan
requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can
be found at http://www.meridiancity.org/public_works.aspx?id=272.
2.1.3 Provide a water main stub to the southern project boundary in the newly required stub street.
2.2 General Conditions of Approval
2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works
Department, and execute standard forms of easements for any mains that are required to provide
service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover
from top of pipe to sub-grade is less than three feet than alternate materials shall be used in
conformance of City of Meridian Public Works Departments Standard Specifications.
2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water
mains to and through this development. Applicant may be eligible for a reimbursement
agreement for infrastructure enhancement per MCC 8-6-5.
2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of
way (include all water services and hydrants). The easement widths shall be 20-feet wide for a
single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but
rather dedicated outside the plat process using the City of Meridian’s standard forms. The
easement shall be graphically depicted on the plat for reference purposes. Submit an executed
easement (on the form available from Public Works), a legal description prepared by an Idaho
Licensed Professional Land Surveyor, which must include the area of the easement (marked
EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for
review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO
NOT RECORD. Add a note to the plat referencing this document. All easements must be
submitted, reviewed, and approved prior to development plan approval.
2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 9-1-28(c) 1). The applicant should be required to use any existing surface
or well water for the primary source. If a surface or well source is not available, a single -point
connection to the culinary water system shall be required. If a single-point connection is utilized,
the developer will be responsible for the payment of assessments for the common areas prior to
prior to receiving development plan approval.
2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat
by the City Engineer.
2.2.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or
lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6.
Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association
ditch owners), with written approval or non-approval submitted to the Public Works Department.
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If lateral users association approval can’t be obtained, alternate plans shall be reviewed and
approved by the Meridian City Engineer prior to final plat signature.
2.2.7 Any existing domestic well system within this project shall be removed from domestic service per
City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at
208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic
purposes such as landscape irrigation if approved by Idaho Department of Water Resources
Contact Robert B. Whitney at (208)334-2190.
2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance
Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and
inspections (208)375-5211.
2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,
fencing installed, drainage lots constructed, road base approved by the Ada County Highway
District and the Final Plat for this subdivision shall be recorded, prior to applying for building
permits.
2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, etc., prior to signature on the final plat.
2.2.11 All development improvements, including but not limited to sewer and water, fencing, micro-
paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
2.2.12 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to the issuance of a plan
approval letter.
2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.2.16 All grading of the site shall be performed in conformance with MCC 11-1-4(b).
2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
2.2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of
3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least 1-foot above.
2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation district
or ACHD. The design engineer shall provide certification that the facilities have been installed in
accordance with the approved design plans. This certification will be required before a certificate
of occupancy is issued for any structures within the project.
2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per
the City of Meridian AutoCAD standards. These record drawings must be received and approved
prior to the issuance of a certification of occupancy for any structures within the project.
2.2.21 The City of Meridian requires that the owner post to the City a performance surety in the amount
of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure
prior to final plat signature. This surety will be verified by a line item cost estimate provided by
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the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Applicant must file an application for surety, which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-2211.
2.2.22 The City of Meridian requires that the owner post to the City a warranty surety in the amount of
20% of the total construction cost for all completed sewer, water and reuse infrastructure for
duration of two years. This surety will be verified by a line item cost estimate provided by the
owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Applicant must file an application for surety, which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-2211.
3. POLICE DEPARTMENT
3.1 The Police Department has no comments on this application.
4. FIRE DEPARTMENT
4.1 Any newly installed Fire Department connections for sprinkler or standpipes will require locking
Knox box plugs
4.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance
with International Fire Code Section (IFC) 508.5.4 as follows:
a. Fire hydrants shall have the 4 ½” outlet face the main street or parking lot drive aisle.
b. Fire hydrants shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on corners when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10’.
f. Fire hydrants shall be placed 18” above finished grade to the center of the 4 ½” outlets.
g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
4.2 In accordance with International Fire Code Section 503.2.5 and Appendix D, any roadway greater
than 150 feet in length that is not provided with an outlet shall be required to have an approved
turn around. Phasing of the project may require a temporary approved turn around on streets
greater than 150' in length with no outlet.
4.3 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28’ inside and 48’
outside, per International Fire Code Section 503.2.4.
4.4 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire
Code Sections 503.4 & D103.6.
4.5 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth
in International Fire Code Section 304.1.2.
4.6 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a
vertical clearance of 13’6 as set forth in International Fire Code Section 503.2.1.
4.7 The fire department requests that any future signalization installed as the result of the
development of this project be equipped with Opticom sensors to ensure a safe and efficient
response by fire and emergency medical service vehicles. The cost of this installation is to be
borne by the developer. (National Fire Protection Std 1141 Section 5.2.11.1)
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4.8 Maintain a separation of 5’ from the building to the dumpster enclosure as set forth in International
Fire Code Section 304.3.3.
4.9 Provide a Knox box entry system for the complex prior to occupancy as set forth in International Fire
Code Section 506.
4.10 The first digit of the Apartment/Office Suite shall correspond to the floor level as set forth in
International Fire Code Section 505.1.
4.11 The applicant shall work with Public Works and Planning Department staff to provide an address
identification plan and a sign which meets the requirements of the City of Meridian sign ordinance
and is placed in a position that is plainly legible and visible from the street or road fronting the
property, as set forth in International Fire Code Section 505.1.
4.12 All portions of the buildings located on this project must be within 150’ of a paved surface as
measured around the perimeter of the building as set forth in International Fire Code Section 503.1.1.
4.13 All R-2 occupancies with 3 or more units shall be required to be fire sprinkled as set forth in
International Fire Code Section 903.2.8.
4.14 There shall be a fire hydrant within 100’ of all fire department connections as set forth in local
amendment to the International Fire Code 10-4-2L.
4.15 The Fire Department will require Knoxbox Fire Department Connection caps on all FDC inlets.
IFC 102.9
4.16 Buildings over 30’ in height are required to have access roads in accordance with the International
Fire Code Appendix D Section D105.
4.17 Emergency response routes and fire lanes shall not be allowed to have traffic calming devices
installed without prior approval of the Fire Code Official. National Fire Protection Standard 1141,
Section A5.2.18.
5. REPUBLIC SERVICES
5.1 Republic Services has requested details of the trash enclosures. Please coordinate with Bob
Olson, Republic Services (208-345-1265 or rolson@republicservices.com) and obtain approval
of the trash enclosure prior to submittal of the Certificate of Zoning Compliance application.
6. PARKS DEPARTMENT
6.1 The Parks Department has no comments on this application.
7. ADA COUNTY HIGHWAY DISTRICT
At the time of the Commission hearing, staff had not yet received a staff report from ACHD
regarding this application.
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Exhibit C: Legal Description & Exhibit Map for Annexation & Zoning Boundary
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D. Required Findings from Unified Development Code
1. COMPREHENSIVE PLAN AMENDMENT FINDINGS:
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 amendment to the
Comprehensive Plan, the Council shall make the following findings:
a. The proposed amendment is consistent with the other elements of the Comprehensive
Plan.
Council finds that the proposed changes, as recommended by staff, to the Future Land Use
Map are generally consistent with elements of the Comprehensive Plan as detailed in
Section VII above.
b. The proposed amendment provides an improved guide to future growth and
development of the city.
Council finds that the proposal to modify the Future Land Use Map to allow for Mixed Use -
Regional uses will be compatible with existing and future residential and commercial uses in
the nearby vicinity.
c. The proposed amendment is internally consistent with the Goals, Objectives and
Policies of the Comprehensive Plan.
Council finds that the proposed amendment is internally consistent with the Goals,
Objectives, and Policies of the Comprehensive Plan (see Section VII for detailed analysis).
d. The proposed amendment is consistent with the Unified Development Code.
Council finds that the proposed amendment is consistent with the Unified Development
Code.
e. The amendment will be compatible with existing and planned surrounding land uses.
Council finds the proposed amendment will be compatible with adjacent existing and future
residential and commercial uses if the applicant complies with the conditions in Exhibit B.
f. The proposed amendment will not burden existing and planned service capabilities.
Council finds that the proposed amendment would not burden existing and planned service
capabilities in this area of the city. Sewer and water services are available to be extended to
this site.
g. The proposed map amendment (as applicable) provides a logical juxtaposition of uses
that allows sufficient area to mitigate any anticipated impact associated with the
development of the area.
Council finds the proposed multi-family development of this property is consistent with the
proposed map amendment and will not significantly impact development in this area and
provides a logical juxtaposition of uses.
h. The proposed amendment is in the best interest of the City of Meridian.
For the reasons stated in Sections VII, VIII, and IX and the subject Findings above, Council
finds that the proposed amendment is in the best interest of the City.
2. ANNEXATION & ZONING FINDINGS:
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, the
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Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
Council finds that the proposed map amendment to C-G is consistent with the proposed MU-
R FLUM designation for this site and should be compatible with existing and future uses in
the area. Therefore, Council finds the amendment is consistent with the applicable provisions
of the Comprehensive Plan (see section VII above for more information).
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
Council finds that the proposed map amendment to the C-G zoning district is consistent with
the purpose statements of the residential districts as detailed in Section VIII above.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
Council finds that the proposed zoning amendment will not be detrimental to the public
health, safety, or welfare. City utilities will be extended at the expense of the applicant.
Council considered all oral or written testimony that was provided when determining this
finding.
d. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the City including, but not
limited to, school districts; and,
Council finds that the proposed zoning amendment will not result in any adverse impact upon
the delivery of services by any political subdivision providing services to this site.
e. The annexation is in the best of interest of the City (UDC 11-5B-3.E).
Council finds the proposed annexation of this property is in the best interest of the City if the
applicant develops the site in accord with the conditions listed in Exhibit B and enters into a
development agreement.
3. CONDITIONAL USE PERMIT:
The Commission and Council shall review the particular facts and circumstances of each
proposed conditional use in terms of the following, and may approve a conditional use permit if
they shall find evidence presented at the hearing(s) is adequate to establish:
a. That the site is large enough to accommodate the proposed use and meet all the
dimensional and development regulations in the district in which the use is located.
Council finds that the site is large enough to accommodate the proposed use and meet the
dimensional and development regulations of the C-G zoning district and the specific use
standards for multi-family developments.
b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and
in accord with the requirements of this Title.
Council finds that the proposed multi-family residential use in the C-G zone meets the
objectives and policies of the Comprehensive Plan.
c. That the design, construction, operation and maintenance will be compatible with other
uses in the general neighborhood and with the existing or intended character of the
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general vicinity and that such use will not adversely change the essential character of
the same area.
Council finds that the general design, construction, operation and maintenance of the multi-
family use will be compatible with existing residential and future commercial uses in the
vicinity and with the existing and intended character of the area and will not adversely change
the character of the area. Council considered all public testimony that was presented to
determine whether or not the proposal will adversely affect the other properties in the area.
d. That the proposed use, if it complies with all conditions of the approval imposed, will
not adversely affect other property in the vicinity.
Council finds that the proposed development should not adversely affect other property in the
vicinity if the applicant complies with all conditions of approval listed in Exhibit B of this
staff report and constructs all improvements and operates the use in accordance with the UDC
standards.
e. That the proposed use will be served adequately by essential public facilities and
services such as highways, streets, schools, parks, police and fire protection, drainage
structures, refuse disposal, water, and sewer.
Council finds that sanitary sewer, domestic water and irrigation can be made available to the
subject property. Please refer to comments prepared by the Public Works Department, Fire
Department, Police Department and other agencies.
f. That the proposed use will not create excessive additional costs for public facilities and
services and will not be detrimental to the economic welfare of the community.
Council finds that the applicant will pay to extend the sanitary sewer and water mains into the
site. No additional capital facility costs are expected from the City. The applicant and/or
future property owners will be required to pay impact fees.
g. That the proposed use will not involve activities or processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
Council finds that the proposed development should not involve activities that will create
nuisances that would be detrimental to the general welfare of the surrounding area.
Council recognizes the fact that traffic and noise will increase with the approval of this
development; however, whenever undeveloped property is developed, the amount of traffic
generation does increase.
h. That the proposed use will not result in the destruction, loss or damage of a natural,
scenic or historic feature considered to be of major importance.
Council finds that the proposed development will not result in the destruction, loss or damage
of any natural feature(s) of major importance. Council referenced all public testimony that
was presented to determine whether or not the proposed development may destroy or damage
a natural or scenic feature(s) of major importance of which Council is unaware.
E Pewter Falls 5#
EXHIBIT C
D4W
SILVERSTONE APARTMENTS
MERIDIAN, IDAHO - 2016
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