Movado Greens H-2017-0104CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2017-0104 - 1 -
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER
In the Matter of the Request for A preliminary plat consisting of 96 single-family residential lots, 7
common lots and 6 commercial lots plus one (1) multi-family lot on approximately 24.23 acres in
the proposed R-15 and existing C-G zoning districts; A rezone of approximately 11.08 acres of land
from the C-G to the R-15 zoning district; A Development agreement modification to incorporate
the 96 residential lots and 7 common lots into the existing DA for Movado Estates Subdivision
(Instrument # 2017-012608); A development agreement modification to reduce the total acreage of
the Silverstone Apartments site and to reduce the number of apartment units (Instrument # 2017-
076698); A conditional use permit modification to reduce the acreage of the apartment project, to
reduce the number of units, and to modify the proposed amenities and other specific changes to the
previously approved with the Silverstone Apartment project (H-2016-0060), by DevCo, LLC
Case No(s). H-2017-0104
For the City Council Hearing Date of: November 28, 2017 and December 5, 2017 (Findings on
December 19, 2017)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of November 28, 2017, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of November 28, 2017, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of November 28,
2017, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of November 28, 2017, 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.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2017-0104 - 2 -
6. That the City has granted an order of approval in accordance with this Decision, which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the
Community Development Department, the Public Works Department and any affected party
requesting notice.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of November 28, 2017, incorporated by reference. The conditions are concluded to
be reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant’s request for a preliminary plat is hereby approved per the conditions of approval
in the Staff Report for the hearing date of November 28, 2017, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final plat, or
short plat shall become null and void if the applicant fails to obtain the city engineer’s signature
on the final plat within two (2) years of the approval of the preliminary plat or the combined
preliminary and final plat or short plat (UDC 11-6B-7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, and conforms substantially to the approved preliminary plat,
such segments, if submitted within successive intervals of two (2) years, may be considered for
final approval without resubmission for preliminary plat approval (UDC 11-6B-7B).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City
Engineer’s signature on the final plat not to exceed two (2) years. Additional time extensions
up to two (2) years as determined and approved by the City Council may be granted. With all
extensions, the Director or City Council may require the preliminary plat, combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension, the property shall be required to go through the platting procedure again (UDC 11-
6B-7C).
Notice of Six (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).
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2017-0104 - 3 -
Notice of Two (2) Year Conditional Use Permit Duration
Please take notice that the conditional use permit, when granted, shall be valid for a maximum
period of two (2) years unless otherwise approved by the City. During this time, the applicant
shall commence the use as permitted in accord with the conditions of approval, satisfy the
requirements set forth in the conditions of approval, and acquire building permits and
commence construction of permanent footings or structures on or in the ground. For
conditional use permits that also require platting, the final plat must be signed by the City
Engineer within this two (2) year period.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-5B-6.G.1, the Director may authorize a single extension of the time to commence the
use not to exceed one (1) two (2) year period. Additional time extensions up to tw o (2) years as
determined and approved by the City Council may be granted. With all extensions, the Director
or City Council may require the conditional use comply with the current provisions of Meridian
City Code Title 11(UDC 11-5B-6F).
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 t he 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 November 28, 2017
By action of the City Council at its regular meeting held on the M -P-7 day of l/�V
2017.
COUNCIL PRESIDENT KEITH BIRD
COUNCIL VICE PRESIDENT JOE BORTON
COUNCIL MEMBER ANNE LITTLE ROBERTS
COUNCIL MEMBER TY PALMER
COUNCIL MEMBER LUKE CAVENER
COUNCIL MEMBER GENESIS MILAM
MAYOR TAMMY de WEERD
(TIE BREAKER)
Attest:
City Clerk
Copy served upon Applicant, Conununity Development Department, Public Works Department and City
Attorney.
By: l Dated:
Ci y Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2017-0104 - 4 -
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Attest:
City Clerk
Copy served upon Applicant, Conununity Development Department, Public Works Department and City
Attorney.
By: l Dated:
Ci y Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2017-0104 - 4 -
Exhibit A
Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 1
STAFF REPORT
HEARING DATE: November 28, 2017
TO: Mayor & City Council
FROM: Josh Beach, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: Movado Greens Subdivision - H-2017-0104
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, DevCo, LLC, proposes the following applications:
A preliminary plat consisting of 96 single-family residential lots, 7 common lots and 6
commercial lots plus one (1) multi-family lot on approximately 24.23 acres in the proposed
R-15 and existing C-G zoning districts.
A rezone of approximately 11.08 acres of land from the C-G to the R-15 zoning district.
A Development agreement modification to incorporate the 96 residential lots and 7 common
lots into the existing DA for Movado Estates Subdivision (Instrument # 2017-012608).
A development agreement modification to reduce the total acreage of the Silverstone
Apartments site and to reduce the number of apartment units (Instrument # 2017-076698).
A conditional use permit modification to reduce the acreage of the apartment project, to
reduce the number of units, and to modify the proposed amenities and other specific changes
to the previously approved with the Silverstone Apartment project (H-2016-0060).
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed RZ, PP, MDA (2), and MCU based on the Findings of
Fact and Conclusions of Law in Exhibit D of this report.
The Meridian Planning & Zoning Commission heard these items on October 19, 2017. At the
public hearing on October 19, 2017, the Commission moved to recommend approval of the
subject RZ, PP MDA (2) and MCU requests.
a. Summary of Commission Public Hearing:
i. In favor: Jim Conger (Applicant)
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
v. Staff presenting application: Josh Beach
vi. Other staff commenting on application: None
b. Key issue(s) of Public Testimony:
i. None
c. Key Issues of Discussion by Commission:
i. The number and type of proposed amenities for the apartment project and the single
family development;
ii. The number of parking spaces for the multi-family portion;
Exhibit A
Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 2
iii. How the multi-family portion of the project will be accessed now and in the future with
the proposed commercial lots to the east;
d. Commission Change(s) to Staff Recommendation:
i. None
e. Outstanding Issue(s) for City Council:
i. None
The Meridian City Council heard this item on December 5, 2017. At the public hearing, the
Council approved the subject RZ, PP MDA (2) and MCU requests.
a. Summary of City Council Public Hearing:
i. In favor: Jim Conger (Applicant)
ii. In opposition: Jason Attinger, Fred Thompson, Ron Pascal, Sue Perly, Oliver Pearly,
Bonnie Brousard, Nancy Bourdeaux, John Boudreaux, Lorraine Anderson, Kathy
Hossler, Jennifer Jenks, Janis Glenn, Gary Glenn, Arnold Hendrick, Ann Barnes,
Pam Judy, Joann St. Charles, Robert Norton, Eric Gabrielson, Carol Gabrielson,
Cathy Valenti, Bill Coddle, Gary Van Ackern, Katherine Porter, Robert Nelson,
Paul Hosford, Bonnie Carter, Clayton Carter, Gail Stocking, Damia Thompson,
Amy Parker, Dudley Parker, Bryce Hergert, Brad Fitt, Kim Moody, Donna Taylor,
Gary Taylor,
iii. Commenting: Jason Attinger, Fred Thompson, Bonnie Brousard, Nancy Bordeaux,
John Boudreaux, Jennifer Jenks, Arnold Hendrick, Cathy Valenti, Gary Van
Ackern, Bonnie Carter, Clayton Carter, Bryce Hergert, Lee Coulson, Justin Lucas,
Jeff Vansickel, Damon Thompson, Kathy Hosford,
iv. Written testimony: None
v. Staff presenting application: Josh Beach
vi. Other staff commenting on application: None
b. Key issue(s) of Public Testimony:
i. Traffic Concerns
ii. Desire to have a direct connection to Cloverdale Road for the Movado Estates project.
iii. Concerns bout notifications to the surrounding neighbors and how those notifications
go out and to whom.
iv. Concerns about getting kids to the elementary school on the east side of Cloverdale and
how the increased traffic will make this less safe.
c. Key Issues of Discussion by Council:
i. Concerns about the apparent lack of information at neighborhood meetings.
ii. How will the phasing work?
iii. Question on the number and type of amenities.
iv. Concerns over how long it has been since the traffic study was done.
d. 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 of File
Number H-2017-0104, as presented in the staff report for the hearing date of October 19, 2017, with
the following modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to recommend denial of File
Exhibit A
Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 3
Number H-2017-0104, as presented during the hearing on October 19, 2017, for the following
reasons: (You should state specific reasons for denial.)
Continuance
I move to continue File Number H-2017-0104 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 on the south side of E. Overland Road between S. Topaz Way and S.
Cloverdale Road in the NE ¼ of Section 21, Township 3N., Range 1E.
B. Applicant:
DevCo, LLC
4824 W. Fairview Ave.
Boise, ID 83706
C. Owner:
William P. Bienapfl Jr.
2674 S. Andros
Meridian, ID 83642
D. Representative:
Conger Management Group
4824 W. Fairview Avenue
Boise, ID 83706
E. Applicant's Statement/Justification: Please see applicant’s narrative for this information.
V. PROCESS FACTS
A. The subject application is for a rezone, preliminary plat, development agreement modification
(2), and a conditional use permit modification. A public hearing is required before the Planning
and Zoning Commission and City Council on the subject applications, consistent with Meridian
City Code Title 11, Chapter 5.
B. Newspaper notifications published on: September 29, 2017 (Commission), November 10, 2017
(Council)
C. Radius notices mailed to properties within 300 feet on: September 25, 2017 (Commission),
November 2, 2017 (Council)
D. Applicant posted notice on site(s) on: October 9, 2017 (Commission), November 17, 2017
(Council)
VI. LAND USE
A. Existing Land Use(s): The site consists of a vacant agricultural land, zoned C-G.
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 and
RUT in Ada County
2. East: Commercial property, zoned R-1B in Boise
Exhibit A
Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 4
3. South: Platted single family lots currently under development in the Movado Estates
Subdivision, zoned R-15.
4. West: Commercial property in the Silverstone Business Park, zoned C-G
C. History of Previous
In 2016, this project was granted a comprehensive plan map amendment, annexation and zoning
of 102.69 acres of land from RUT to the R-8 and R15; and a preliminary plat consisting of 430
single-family residential lots and 39 common lots and 9 other lots on approximately 102.69 acres
in the R-8 and R-15 zoning districts.
Also in 2016, a conditional use permit was approved for a 312 unit multi-family development on
13.51 acres of land.
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, and recently installed in S. Movado Way.
b. Location of water: Water mains intended to provide service to the subject site currently
exist in E. Overland , and recently installed in S. Movado Way.
c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: There are no open waterways on this site.
2. Hazards: Staff is not aware of any hazards that exist on this site.
3. Flood Plain: A portion of the property lies within the flood plain.
VII. COMPREHENSIVE PLAN
The Comprehensive Plan Future Land Use Map (FLUM) designates this site as Mixed-Use Regional
(MU-R). The purpose of this 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. As part of that application, a concept plan was submitted. (See
Exhibit A.5)
The applicant proposes to develop this site with a mix of residential uses (single family detached,
commercial pad sites and multi-family residential) consisting of 96 single-family residential lots, 112
apartment units and 6 commercial lots. The structures will be a mix of attached and detached single-
family residential homes and multi-family structures. The commercial structures are not proposed
with this application. The project will have a gross density of 8.78 dwelling units per acre (d.u./acre)
and a net density of 11.49 d.u./acre. The proposed density falls within the density range (6 to 40
units/acre) desired in MU-R designated areas.
Exhibit A
Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 5
The applicant shall provide a revised annexation boundary that includes the area along Overland
Road prior to the City Council hearing.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed use (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 single-family attached, detached and multi-family dwellings will contribute to
the variety of housing types available within the City. Staff is unaware of how “affordable”
the units will be.
“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)
City services are available and will be extended by the developer to the proposed lots upon
development of the site in accord with UDC 11-3A-21.
“Require common area in all subdivisions.” (3.07.02F)
The proposed plat depicts a total of 17.84 acres (or 13.27%) of qualified open space in
accord with the requirements listed in UDC11-3G-3.The multi-family development is
required to provide its own open space and amenities. The 96 single-family lots will be rolled
into the existing Movado Estates subdivision and these residents will have the rights to use
the open space and amenities approved with the previous subdivision.
“Reduce the number of existing access points onto arterial streets by using methods such as
cross access agreements, access management and frontage/backage roads.” (3.03.02N)
The submitted plat depicts one access point to W. Overland Road for the apartment project,
an emergency access for the Movado Greens development through the Silverstone
Apartments project and one access from the Movado Greens project out to S. Movado Way.
The applicant will need Council waiver for the access point to the apartments in accord with
UDC 11-3A-3.
“Require new residential development to meet development standards regarding landscaping,
signage, fences and walls, etc.” (3.05.02C)
Street buffer landscaping is required adjacent to E. Overland Road in accord with the
standards listed in UDC 11-3B-7C. Separate permits shall be obtained for signage and
fencing in compliance with the standards listed in UDC 11-3D-5 and 11-3A-7C respectively.
“Coordinate with public works, police, and fire departments on proposed annexation and
development requests, and the impacts on services.” (3.04.01H)
Staff has coordinated with public works, police and fire and has incorporated their comments
and conditions in this report.
“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.
Exhibit A
Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 6
“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 or the future commercial
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 the multi-family site
as shown on the landscape plan attached in Exhibit A.3.
“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.
“Consistent with the Transportation and Land Use Integration Plan, require all new
residential neighborhoods to provide sidewalks, curb and gutters, and complete str eets.”
(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.
For the above stated reasons, staff finds the proposed project is generally consistent with the goals
and objectives in the Comprehensive Plan.
VIII. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of Zones:
Purpose Statement of Zone (R-15): The purpose of the residential districts is to provide for a
range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to
the City of Meridian water and sewer systems is a requirement for all residential districts.
Residential districts are distinguished by the allowable density of dwelling units per acre and
corresponding housing types that can be accommodated within the density range.
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) districts are designated which differ in the size and scale of commercial structures
Exhibit A
Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 7
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: Unified Development Code (UDC) Table 11-2A-2 lists the permitted,
accessory, conditional, and prohibited uses in the R-15 zoning district, and table 11-2B-2 lists the
permitted, accessory, conditional and prohibited uses in the C-G zoning district. The proposed
single-family development is listed as a permitted use in the R-15 zoning districts and multi-
family residential is listed as a conditional use in the C-G zoning district.
C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2A-7 for the R-15
zoning district and UDC Table 11-2B-3 for the C-G district applies to development of this site.
D. Landscaping Standards (UDC 11-3B): The standards for landscaping contained in UDC 11-3B
apply to development of the site.
E. Common Open Space & Site Amenity Requirements: Common open space and site amenities are
required to be provided on the site in accord with the requirements listed in UDC 11-3G-3 for the
single-family portion of the site and UDC 11-4-3-27C and 11-4-3-27D for the multi-family
portion of the site.
F. Administrative Design Review: Single-family attached homes, multi-family structures and
commercial structures are required to apply for administrative design review prior to approval of
a building permit.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
1. Rezone (RZ)
The applicant has applied to rezone approximately 11.08 acres of land from C-G to the R-15
zoning district. The applicant is requesting to reduce the acreage and the number of units of the
previously approved Silverstone Apartment project. As discussed above in Section VII, the
proposed zoning is consistent with the policies in the Comprehensive Plan.
Under the existing zoning (C-G), the proposed multi-family development is a conditional use.
The use was previously approved in 2016 (H-2016-0060) and the applicant now desires to reduce
the footprint of the apartments in order to plat additional single family lots south of the multi-
family and commercial lots .
The legal description submitted with the application, included in Exhibit C, shows the boundaries
of the property proposed to be rezoned. The property is contiguous to land that has been annexed
into the City and is within the Area of City Impact boundary.
2. Conditional Use Permit Modification (MCU)
In conjunction with the request to rezone a portion of property from C-G to R-15, the applicant is
requesting to reduce the acreage of the project from 13.52 to 5.7 acres; the number of apartment
units and layout for the previously approved Silverstone Apartment project (H-2016-0060).
An MCU is requested to reduce the acreage of the apartment project from 13.51 acres to 5.71
acres; to reduce the number of units from 312 to 112 units and to modify the site design and
amenities included in the plat. The applicant is reducing the amenities package from a 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, a 6) enclosed bicycle storage (within the clubhouse),
with the capability of storing approximately 60 bicycles, and 7) a business center (within the
clubhouse), to a 1) clubhouse, 2) a children’s play structure, and a 3) sports court. The applicant
Exhibit A
Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 8
shall provide two more amenities, at least one amenity from the open space category and then
one additional qualified amenity of their choice.
The multi-family residential development as proposed consists of 112 dwelling units within (8) 3-
story structures on 5.71 acres of land. The units will consist of 72 2-bedroom units and 40 1-
bedroom units containing 500s.f. and 1,200 s.f. respectively. A clubhouse is proposed that will
contain a leasing office, and the mail center. Associated carport structures (19) are also proposed
(see site plan in Exhibit A.5).
The applicant shall show on both the plat and the Silverstone Apartments site plan the Idaho
Power easement that exists along Overland Road.
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, and mailbox location. The
site plan submitted with the Certificate of Zoning Compliance application should depict
the location of the directory map and maintenance storage area.
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.
Because all of the proposed units (112) contain between 500 and 1,200 square feet of
living area, a minimum of 28,000 s.f. (or 0.64 of an acre) of common open space is
required to be provided. A total of 1.24 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 54,200
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 112 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) a children’s play structure, 3) sports
court. The applicant has provided three qualified amenities for the development. Multi-
family projects of this size are required to provide five (5) amenities which include one
amenity from each of the three categories as mentioned above. The applicant shall
provide at least one amenity from the open space category and then one additional
qualified amenity of their choice.
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
Exhibit A
Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 9
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.
Two (2) Development Agreement Modifications (MDA)
The applicant is requesting to modify two (2) development agreements with the
subject application. The first one is to modify the Silverstone Apartment DA that
tied the site to a 312-unit apartment complex. And the second is to amend the DA
approved with the Movado Estates Subdivision. The revised legal descriptions and
exhibit maps in Exhibit C depict which properties will be governed with each
amended DA. The specifics of each request are provided below.
A request to modify the existing development agreement for Silverstone Apartments
(instrument # 2017-076698) is proposed to reduce the acreage of the Silverstone
Apartments from 14.41 acres to 5.7 acres; to reduce the number of units from 312 to 112
and to submit a revised site plan and amenity package for the project. Staff has reviewed
the terms of the previous development agreement to determine which provisions may still
apply and if any new provisions should be included into the new master agreement. Staff
has included all of the DA provisions that govern the subject property and either
recommended modifications or removal of certain provisions as follows:
a) 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.
b) A maximum of 112 residential dwelling units shall be constructed within this
development.
c) Future development shall comply with the design standards listed in UDC 11-
3A-19 and the City of Meridian Architectural Standards Manual.
d) 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.
e) Site amenities shall be provided as follows: 1) clubhouse, 2) a children’s play
structure, and 3) sports court. The applicant shall provide at least one amenity
from the open space category and then one additional qualified amenity of their
choice, in accord with the standards listed in 11-4-3-27D.
f) Cross-access shall be granted to the properties to the east and emergency access
Exhibit A
Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 10
shall be provided to the south for future inter-connectivity. The recorded cross
access agreement shall be submitted with the first certificate of zoning
compliance application.
g) The commercial lots are subject to certificate of zoning compliance and design
review prior to issuance of a building permit.
h) The applicant shall have the ability to obtain multi-family building permits prior
to recording the final plat.
a. A request to modify the existing development agreement for Movado Estates
Subdivision (2017-012608) is proposed to incorporate the Movado Greens
Subdivision, consisting of 96 residential lots and 7 common lots into the existing
development agreement. Staff has reviewed the terms of the previous development
agreement to determine which provisions may still apply and if any new provisions
should be included into the new master agreement. Staff has included all of the DA
provisions that govern the subject property and either recommended modifications or
removal of certain provisions as follows:
a) Future development of this site shall be consistent with the preliminary plat,
landscape plan and building elevations attached in Exhibit A and the revisions
noted in the staff report.
b) The Movado Greens Subdivision shall have the rights to use the open space and
amenities approved with the Movado Estates Project and the residents of Movado
Estates shall have the rights to use the amenities approved with the Movado
Greens Subdivision.
c) The applicant shall construct the pedestrian crossing over the Ridenbaugh Canal
with Phase 5A as shown on the phasing plan dated 09/07/2016.
d) Two (2) of the common driveways included in the plat are also being used as
emergency access for the fire department (Lots 71, 72 and 73 and Lots 48, 49 and
50, Block 2). These two (2) common driveways shall be striped and signed as
“No Parking.”
e) The applicant shall construct an additional portion of 10-foot multi Use pathway
that starts at the south east corner of the property and runs through the proposed
subdivision and through the park located at Lot 1, Block 3 to connect with the
proposed multi-use pathway on the south side of the Eight Mile Creek.
f) The applicant shall comply with the submitted home elevations attached in
Exhibit A.5. The rear and/or side of structures that face E. Cloverdale Road (Lots
25-31, Block 2) shall incorporate articulation through changes in two or more of
the following: modulation (e.g. – projections, recesses, step-backs, pop-outs),
bays, banding, porches, balconies, material types or other integrated architectural
elements to break up monotonous wall planes and roof lines that are visible from
the subject public street. Single-story structures are exempt from this
requirement.
g) The applicant shall obtain a waiver from City Council to UDC 11-3A-6A in
order for the Eight Mile Creek and Ridenbaugh Canal to remain open and not be
piped due to the large capacity of their facilities. If a waiver is not obtained, the
waterway is required to be piped.
Exhibit A
Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 11
h) The 35 foot landscape buffer along W. Overland Road and the 20 foot landscape
buffer along S. Movado Way must be constructed with the first phase of
development.
i) Construct the entire landscape buffer along W. Overland Road, including
replacing the existing gravel with vegetation in accord with UDC 11-3B-7C;
j) The applicant shall construct the entry gatehouse and monuments as proposed.
3. Preliminary Plat (PP)
A preliminary plat consisting of 96 single-family residential lots, 7 common lots and 7
commercial lots on approximately 24.23 acres in the proposed R-15 zoning district is proposed on
approximately 10.93 acres of land for the Movado Greens Subdivision.
Dimensional Standards: Development of this site is required to comply with the dimensional
standards listed in UDC 11-2A-3, Table 11-2A-7 for the R-15 and Table 11-2B-3 for the C-G
zoning district. Staff has reviewed the proposed plat and found it to be in compliance with those
standards.
A minimum 35-foot wide street buffer is required along E. Overland Road and a 20-foot wide
street buffer is required along S. Movado Way, a collector street.
Block Length: The plat is required to comply with the block length standards listed in UDC 11-
6C-3F. Staff has reviewed the proposed plat and has found it to be in compliance with the
aforementioned standards.
Common Drives: There is one common driveway proposed. The applicant is proposing Lots 36-
39 of Block 1, to take access from a common driveway. Per UDC-11-6C-3D, common driveways
shall serve a maximum of (6) dwelling unit. With the final plat application, the applicant must
provide an exhibit that depicts the building envelope, setbacks and orientation of the lots
and structures taking access from the common drives.
Emergency Access: Lot 26, Block 1 shall be used as an emergency access and shall have
bollards placed on both sides of the lot to restrict vehicle access. The applicant shall
construct a micro-path on Lot 26, Block 1 to provide a pedestrian connection between the
proposed Silverstone Apartments and the proposed Movado Greens Subdivision.
Access: The primary entrance for the multi-family development is from E. Overland Road. The
applicant has also proposed cross-access to the future commercial development to the east.
Though direct access to Overland Road was granted with the previous Co nditional Use
Permit approval, the applicant is required to obtain approval of that access again, for this
application in accord with UDC 11-3A-3.
The primary access to the single-family subdivision will be from S. Movado Way. The applicant
is also proposing an emergency access through the proposed Silverstone Apartment project. If the
multi-family development is constructed after the single-family development, the applicant will
need to work with the Fire and Police Departments to ensure that adequate emergency access is
provided.
Landscaping: Street buffer landscaping is required to be provided as set forth in UDC Tables 11-
2A-7 and 11-2B-3 as discussed above under Dimensional Standards. Landscaping within the
street buffers should be provided in accord with the standards listed in UDC 11-3B-7C.
Fencing: The landscape plan proposes a variety of fence heights and materials. All of the
proposed fencing shall comply with the requirements of UDC 11-3A-7.
Existing Trees: The applicant is responsible to mitigate all existing healthy trees 4-inch caliper
Exhibit A
Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 12
or greater that are removed from the site with equal replacement of the total calipers lost on site
up to an amount of 100% replacement in accord with UDC 11-3B-10. The applicant will need to
contact the City Arborist if any trees are to be removed.
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 first phase of this development.
The applicant is also proposing an attached sidewalk throughout the subdivision.
Landscaping, Open Space and Amenities: The applicant is proposing .83 acres (7.60%) of
open space for the development. As noted above, the applicant is proposing to modify the
existing development for Movado Estates to include these 96 lots within that development. The
Movado Estates subdivision provided 15.41 acres (15%) open space for the development, so staff
is of the opinion that with the inclusion of this plat into the overall Movado Estates Subdivision,
that this development meets the 10% open space requirement. The applicant is also proposing
three (3) amenities for the subdivision that include a 1) play structure, 2) a walking path and a 3)
sports court. The proposed amenities appear to meet the requirements for common open space
and site amenities set forth UDC 11-3G.
There is limited visibility on the Lot 46, Block 1, which is designated as a common lot. Staff
recommends that any fencing around this lot be constructed as open vision fencing in order
to increase visibility through this lot. UDC 11-3A-7 requires that common lots be visible
from all public streets. In this case there is very little street frontage. Staff feels that
requiring open vision fencing in this case will increase visibility through the common lot
that might not otherwise be possible with the other fencing options available.
Utilities: Street lighting is required to be installed within the development in accord with the
City’s adopted standards, specifications and ordinances. All development is required to connect
to the City water and sewer system unless otherwise approved by the City Engineer in accord
with UDC 11-3A-21.
Pressurized Irrigation: An underground pressurized irrigation system is required to be provided
for the development in accord with UDC 11-3A-15 as proposed.
Storm Drainage: An adequate storm drainage system is required in all developments in accord
with the City’s adopted standards, specifications, and ordinances, per UDC 11-3A-18.
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.
Three 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).
Multi-family Building Elevations: Building elevations were submitted for the multi-family
structures and clubhouse. (see Exhibit A.4). The applicant did not provide elevations of the
carports. With submittal of the certificate of zoning compliance, the applicant shall submit
the elevation of the carport structures.
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.
Exhibit A
Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 13
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.
Single-family Building Elevations: The applicant has submitted some conceptual sample
building elevations for future homes in this development, included in Exhibit A.4. Building
materials appear to consist of a mix of board and batten and horizontal lap siding and stone
accents.
Single-family Building Elevations: The applicant did not provide elevations of the commercial
buildings. The commercial lots will need to be added to the Silverstone Apartments development
agreement and as such, staff required a concept plan for the commercial lots. Building elevation
will be required to meet the requirements of the design standards manual. Staff will review the
site improvements and architecture of those building at the time of certificate of zoning
compliance.
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 (DES): A CZC and DES application is required to be submitted prior to issuance
of building permits for the single family attached homes, the multi-family structures and the
clubhouse. With the submittal of the DES application, the applicant shall submit a master site
plan that designates the design, color schemes and variations for each unit. The applicant must
comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the
Architectural Standards Manual.
Staff recommends approval of the subject applications with the conditions listed in Exhibit B per
the Findings in Exhibit D.
X. EXHIBITS
A. Drawings
1. Vicinity Map
2. Preliminary Plat (dated: 7/28/17)
3. Landscape Plan (dated: 7/12/17 and 7/5/17)
4. Conceptual Building Elevations
5. Conceptual Development Plan Approved with Silverstone Apartments
6. Previous Conceptual Development Plan for the Silverstone Apartments
7. Proposed Amended Development Agreements as Recommended by Staff
B. Agency Comments/Conditions of Approval
C. Legal Description and Exhibit Map for Proposed Rezone, MDA (2) and Subdivision
Boundary
D. Required Findings from Unified Development Code
Exhibit A
Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 14
Exhibit A.1: Vicinity Map
Exhibit A
Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 15
Exhibit A.2: Preliminary Plat (dated: 7/28/17)
Exhibit A
Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 16
Exhibit A.3: Landscape Plan (dated: 7/12/17 and 7/5/17)
Exhibit A
Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 17
Exhibit A.4: Conceptual Building Elevations
Exhibit A
Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 18
Exhibit A
Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 19
Exhibit A
Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 20
Exhibit A
Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 21
Exhibit A.5: Conceptual Development Plan Approved with Silverstone Apartments
Exhibit A
Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 22
Exhibit A.6: Previous Conceptual Development Plan for the Silverstone Apartments
Exhibit A
Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 23
Exhibit A.7: Proposed Amended Development Agreements as Recommended by Staff
1. Silverstone Apartments DA provisions:
a) 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.
b) A maximum of 112 residential dwelling units shall be constructed within this
development.
c) Future development shall comply with the design standards listed in UDC 11-
3A-19 and the City of Meridian Architectural Standards Manual.
d) 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.
e) Site amenities shall be provided as follows: 1) clubhouse, 2) a children’s play
structure, and 3) sports court. The applicant shall provide at least one amenity
from the open space category and then one additional qualified amenity of their
choice, in accord with the standards listed in 11-4-3-27D.
f) Cross-access shall be granted to the properties to the east and emergency access
shall be provided to the south for future inter-connectivity. The recorded cross
access agreement shall be submitted with the first certificate of zoning
compliance application.
g) The commercial lots are subject to certificate of zoning compliance and design
review prior to issuance of a building permit.
h) The applicant shall have the ability to obtain multi-family building permits prior
to recording the final plat.
2. Movado Estates Subdivision amended DA provisions:
a) Future development of this site shall be consistent with the preliminary plat,
landscape plan and building elevations attached in Exhibit A and the revisions
noted in the staff report.
b) The Movado Greens Subdivision shall have the rights to use the open space and
amenities approved with the Movado Estates Project and the residents of Movado
Estates shall have the rights to use the amenities approved with the Movado
Greens Subdivision.
c) The applicant shall construct the pedestrian crossing over the Ridenbaugh Canal
with Phase 5A as shown on the phasing plan dated 09/07/2016.
d) Two (2) of the common driveways included in the plat are also being used as
emergency access for the fire department (Lots 71, 72 and 73 and Lots 48, 49 and
50, Block 2). These two (2) common driveways shall be striped and signed as
“No Parking.”
e) The applicant shall construct an additional portion of 10-foot multi Use pathway
that starts at the south east corner of the property and runs through the proposed
subdivision and through the park located at Lot 1, Block 3 to connect with the
proposed multi-use pathway on the south side of the Eight Mile Creek.
Exhibit A
Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 24
f) The applicant shall comply with the submitted home elevations attached in
Exhibit A.5. The rear and/or side of structures that face E. Cloverdale Road (Lots
25-31, Block 2) shall incorporate articulation through changes in two or more of
the following: modulation (e.g. – projections, recesses, step-backs, pop-outs),
bays, banding, porches, balconies, material types or other integrated architectural
elements to break up monotonous wall planes and roof lines that are visible from
the subject public street. Single-story structures are exempt from this
requirement.
g) The applicant shall obtain a waiver from City Council to UDC 11-3A-6A in
order for the Eight Mile Creek and Ridenbaugh Canal to remain open and not be
piped due to the large capacity of their facilities. If a waiver is not obtained, the
waterway is required to be piped.
h) The 35 foot landscape buffer along W. Overland Road and the 20 foot landscape
buffer along S. Movado Way must be constructed with the first phase of
development.
i) Construct the entire landscape buffer along W. Overland Road, including
replacing the existing gravel with vegetation in accord with UDC 11-3B-7C;
j) The applicant shall construct the entry gatehouse and monuments as proposed.
Exhibit A
Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 25
B. Agency Comments/Conditions
1. PLANNING DIVISION
Site Specific Conditions of Approval for the MCU
1.1.1 With submittal of the certificate of zoning compliance, the applicant shall submit the elevation of
the carport structures.
1.1.2 The applicant shall provide at a minimum 0.83 (7.60%) of an acre of open space for the Movado
Greens Subdivision; shall provide the three (3) amenities as proposed (sports court, walking path
and play structure). The applicant shall also provide at least one amenity from the open space
category and then one additional qualified amenities of their choice. The applicant shall also
provide 54,200 square feet of open space (1.24 acres).
Site Specific Conditions of Approval for the RZ, MDA’s (2) and PP
1.1.3 The applicant shall comply with all previous conditions of approval with the Silverstone
Apartments and Movado Estates Subdivision.
1.1.4 The preliminary plat, dated 7/28/17, is approved with the following changes:
a. With submission of the final plat application, the applicant must provide an exhibit that
depicts the building envelope, setbacks and orientation of the lots and structures taking access
to a common driveway.
b. A DES application is required to be submitted prior to issuance of building permits for the
single-family attached homes. With the submittal of the DES application, the applicant shall
submit a master site plan that designates the design, color schemes and modulation for each
building. The applicant must comply with the design standards in the Architectural Standards
Manual.
c. The site plan submitted with the Certificate of Zoning Compliance application should depict
the location of the directory map and maintenance storage area.
d. At the time of certificate of zoning compliance, the applicant shall provide a copy of the
recorded, legally binding documents that state the maintenance and ownership responsibilities
for the management of the developments, including, but not limited to, structures, parking,
common areas, and other development features.
e. A detached sidewalk exists along E. Overland Road however, there is existing gravel in
between the existing curb and the sidewalk that shall be removed and the area vegetated with
the first phase of this development.
1.1.4 The landscape plan included in Exhibit A.3, dated 7/12/17, shall be revised as follows:
a. If any of the existing trees on the site are proposed to be removed, the applicant should
contact Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to confirm
mitigation requirements prior to removal of any trees on the site. Any existing trees proposed
to be retained on-site should be noted on the plan.
b. A 35 foot wide landscape buffer is required along E. Overland Road. The landscape buffers
shall be constructed in accord with UDC 11-3B-7.
c. Any fencing constructed around Lot 46, Block 1 shall be constructed as open vision fencing
in order to increase visibility through this lot.
Exhibit A
Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 26
1.1.5 At the time of Certificate of Zoning Compliance submittal, the applicant shall submit floor plans
for the apartment buildings that demonstrate compliance with UDC11-4-3-27; specifically the
requirement for 80 square feet of private open space per multi-family unit.
1.1.6 The final plat shall substantially comply with the approved preliminary plat in accord with the
requirements listed in UDC 11-6B-3C.
1.1.7 The applicant shall show on both the plat and the Silverstone Apartments site plan the Idaho
Power easement that exists along Overland Road.
1.1.8 Provide a revised legal description for the commercial lots to be added to the Silverstone DA.
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 all provisions of 11-3A-3 with regard to access to streets.
1.2.3 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set
forth in UDC 11-3A-6.
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 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J.
1.2.6 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6
for single-family dwellings.
1.2.7 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B-
7C.
1.2.8 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3,
including but not limited to cul-de-sacs, common driveways, easements, blocks, street buffers,
and mailbox placement.
1.2.9 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.
1.2.10 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle.
1.3 Ongoing Conditions of Approval
1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets
the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth
in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14.
1.3.2 All common open space and site amenities shall be maintained by an owner's association as set
forth in UDC 11-3G-3F1.
1.3.3 The project is subject to all current City of Meridian ordinances and previous conditions of
approval associated with this site.
1.3.4 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.
1.3.5 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set
forth in UDC 11-3A-11.
Exhibit A
Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 27
1.3.6 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping
and constructed features within the clear vision triangle consistent with the standards in UDC 11-
3A-3.
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 applicant shall complete all improvements related to public life, safety, and health as set forth
in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with
UDC 11-5C-3C.
1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary
plat as set forth in UDC 11-6B-3C2.
1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two
years of the signature of the City Engineer on the previous final plat as set forth in UDC 11 -6B-
7B (if applicable).
1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the
City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension
as set forth in UDC 11-6B-7.
1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the
applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A.
2. PUBLIC WORKS DEPARTMENT
2.1 Site Specific Conditions of Approval
2.1.1 Each of the areas of the preliminary plat will need to be evaluated independently for water and
sewer serviceability unless they all are platted and developed together.
2.1.2 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.
2.2 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.
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
Exhibit A
Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 28
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 signature of the final plat by the City Engineer.
2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 9-2-28C1). 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. Any structures that are allowed to remain shall be subject to evaluation and
possible reassignment of street addressing to be in compliance with MCC.
2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting,
crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC
11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any
other applicable law or regulation.
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 improvements related to public life, safety and health shall be completed prior to occupancy
of the structures. Where approved by the City Engineer, an owner may post a performance surety
for such improvements in order to obtain City Engineer signature on the final plat as set forth in
UDC 11-5C-3B.
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 11-1-4B.
Exhibit A
Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 29
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 Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street
Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be
installed at developer’s expense. Final design shall be submitted as part of the development plan
set for approval, which must include the location of any existing street lights. The contractor’s
work and materials shall conform to the ISPWC and the City of Meridian Supplemental
Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility
Coordinator at 898-5500 for information on the locations of existing street lighting.
2.2.22 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
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.
2.2.23 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 887-221.
3. FIRE DEPARTMENT
3.1 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.
Exhibit A
Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 30
3.2 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.
3.3 Private Alleys and Fire Lanes shall have a 20’ wide improved surface capable of supporting an
imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D
Section D103.6 Signs.
3.4 All common driveways shall be straight or have a turning radius of 28’ inside and 48’ outside and
have a clear driving surface of 20’ in width capable of supporting an imposed weight of 75,000
GVW, per International Fire Code Section 503.2.
3.5 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire
Code Sections 503.4 & D103.6.
3.6 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth
in International Fire Code Section 304.1.2.
3.7 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.
3.8 Operational fire hydrants, temporary or permanent street signs, and access roads with an all
weather surface are required to be installed before combustible construction material is brought
onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment
to IFC 10-4-2J.
3.9 To increase emergency access to the site a minimum of two points of access will be required for
any portion of the project which serves more than 30 homes, as set forth in International Fire
Code Section D107.1. The two entrances should be separated by no less than ½ the diagonal
measurement of the full development as set forth in International Fire Code Section D104.3. The
applicant shall provide a stub street to the property to the (west/east/north/south).
3.10 The roadways shall be built to Ada County Highway District cross section standards and have a
clear driving surface. Streets less than 26’ in width shall have no on-street parking; streets less
than 32’ in width shall have parking only on one side. These measurements shall be based on the
drivable surface dimension exclusive of shoulders. The overhead clearance shall be a minimum of
13’ 6”. The roadway shall be able to accommodate an imposed load of 75,000 GVW as set forth
in International Fire Code Section 503.2.1. and D103.6.1 and D103.6.2.
3.11 Provide a Knox box entry system for the complex prior to occupancy as set forth in International
Fire Code Section 506.
3.12 The first digit of the Apartment/Office Suite shall correspond to the floor level as set forth in
International Fire Code Section 505.1.
3.13 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.
3.14 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.
3.15 The Fire Department will require Knoxbox Fire Department Connection caps on all FDC inlets.
IFC 102.9
3.16 Buildings over 30’ in height are required to have access roads in accordance with the
International Fire Code Appendix D Section D105.
3.17 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,
Exhibit A
Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 31
Section A5.2.18.
3.18 As set forth in International Fire Code Section 504.1, multi-family and commercial projects shall
be required to provide an additional sixty inches (60”) wide access point to the building from the
fire lane to allow for the movement of manual fire suppression equipment and gurney operations.
The unobstructed breaks in the parking stalls shall be provided so that building access is provided
in such a manner that the most remote part of a building can be reached with a length of 150' fire
hose as measured around the perimeter of the building from the fire lane. Code compliant
handicap parking stalls may be included to assist meeting this requirement. Contact the Meridian
Fire Department for details.
Exhibit A
Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 32
4. POLICE DEPARTMENT
4.1 The Police Department has no concerns related to the site design submitted with the application.
5. REPUBLIC SERVICES
5.1 The applicant shall contact Bob Olson, Republic Services, at 208-345-1265 or
rolson@republicservices.com to obtain approval of the dumpster locations on the single-
family residential portion of the site.
6. PARKS DEPARTMENT
6.1 The Park’s Department has no comments on this application.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 SITE SPECIFIC CONDITIONS OF APPROVAL
7.1.1 Dedicate right-of-way to total 62-feet from the centerline of Overland Road abutting the site.
7.1.2 Replace deteriorated or broken portions of curb, gutter, and sidewalk on Overland Road abutting
the site.
7.1.3 Construct the entry portion of Gala Street, with a 10-foot wide center landscape island with two
21-foot wide travel lanes on either side with vertical curb, an 8-foot wide planter strips, and 5-
foot wide detached concrete sidewalks. The dedicated right-of-way shall extend 2-feet behind the
back of curb. Provide a permanent right-of-way easement for the detached sidewalks located
outside of the dedicated right-of-way.
7.1.4 Plat the center landscape island on the entry portion of Gala Street, as right-of-way owned by
ACHD. The applicant or owners association shall enter into a license agreement for any
landscaping proposed within the island.
7.1.5 West of the center landscape island construct Gala Street as 33-foot wide local street sections
with rolled curb, gutter, an 8-foot wide planter strip, and 5-foot wide detached concrete
sidewalks. The dedicated right-of-way shall extend 2-feet behind the back of curb. Provide a
permanent right-of-way easement for the detached sidewalks located outside of the dedicated
right-of-way.
7.1.6 The applicant has proposed to construct all other internal local streets as 29-foot wide local street
sections with rolled curb, gutter, and 5-foot wide attached concrete sidewalks. The dedicated
right-of-way shall extend 2-feet behind the back of the sidewalk. Sign one side of the 29-foot
wide street sections for “NO PARKING”.
7.1.7 Provide written fire department approval for use of the reduced street sections.
7.1.8 Construct Gala Street to intersect Movado Way, located 680-feet south of Overland Road, as
proposed.
7.1.9 Reconstruct the existing 40-foot wide driveway onto Overland Road which is aligned centerline
to centerline with Rolling Hills Drive as a curb return driveway with 30-foot radii. This driveway
is a temporary full access driveway and may be restricted to right-in/right-out in the future. Pave
the driveway its full width at least 30-feet into the site beyond the edge of pavement of Overland
Road.
7.1.10 Close the existing 40-foot wide driveway on Overland Road located 120-feet east of Movado
Way with vertical curb, gutter, and 7-foot wide attached concrete sidewalk to match the existing
improvements on either side.
Exhibit A
Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 33
7.1.11 Construct one 24-foot wide temporary full access driveway onto the west side of Movado Way,
located 175-feet south of Overland Road. Construct the driveway as a curb return type driveway
with 30-foot radii. Pave the driveway it’s full width at least 30-feet into the site beyond the edge
of Movado Way.
7.1.12 Construct one 30-foot wide temporary full access driveway onto the east side of Movado Way,
located 175-feet south of Overland Road. Construct the driveway as a curb return type driveway
with 30-foot radii. Pave the driveway it’s full width at least 30-feet into the site beyond the edge
of Movado Way.
7.1.13 Construct one 30-foot wide temporary full access driveway onto the east side of Movado Way,
located 355-feet south of Overland Road. Construct the driveway as a curb return type driveways
with 30-foot radii. Pave the driveway it’s full width at least 30-feet into the site beyond the edge
of Movado Way.
7.1.14 Direct lot access to Overland Road and Movado Way is prohibited and shall be noted on the final
plat.
7.1.15 Payment of impact fees is due prior to issuance of a building permit.
7.1.16 Comply with all Standard Conditions of Approval.
7.2 STANDARD CONDITIONS OF APPROVAL
7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all
easements). Any existing irrigation facilities shall be relocated outside of the ACHD right -of-way
(including all easements).
7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the
ACHD right-of-way.
7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing
non-compliant pedestrian improvements abutting the site to meet current Americans with
Disabilities Act (ADA) requirements. The applicant’s engineer should provide documentation of
ADA compliance to District Development Review staff for review.
7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
7.2.5 A license agreement and compliance with the District’s Tree Planter policy is required for all
landscaping proposed within ACHD right-of-way or easement areas.
7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days
prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic
Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for
details.
7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC
Standards and approved supplements, Construction Services procedures and all applicable ACHD
Exhibit A
Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 34
Standards unless specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans.
7.2.10 Construction, use and property development shall be in conformance with all applicable
requirements of ACHD prior to District approval for occupancy.
7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant’s authorized representative and an authorized
representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of
any change from ACHD.
7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site
plan and may require additional improvements to the transportation system at that time. Any
change in the planned use of the property which is the subject of this application, shall require the
applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time
unless a waiver/variance of the requirements or other legal relief is granted by the ACHD
Commission.
Exhibit A
Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 35
C. Legal Description and Exhibit Map for Proposed Rezone, MDA (2) and Subdivision Boundary
1. Rezone Boundary and Movado Estates Sub MDA
Exhibit A
Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 36
Exhibit A
Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 37
Exhibit A
Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 38
Exhibit A
Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 39
2. Movado Greens Subdivision Boundary
Exhibit A
Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 40
Exhibit A
Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 41
Exhibit A
Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 42
3. Silverstone Apartments MCU and MDA Boundary
Exhibit A
Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 43
Exhibit A
Movado Greens Subdivision AZ, PP (H-2017-0104) PAGE 44
D. Required Findings from Unified Development Code
1. REZONE 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 the rezone, the Council shall
make the following findings:
a. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
The Applicant is proposing to rezone a portion of the subject property to the R-15 zoning
district consistent with the Mixed-Use Regional land use designation. Therefore, Council
finds the amendment is consistent with the applicable provisions of the Comprehensive Plan
(see section VII above).
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 R-15 zoning district is generally
consistent with the purpose statement of the district.
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 if the applicant complies with conditions outlined in this report.
Council considers any oral or written testimony that may be 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 (as applicable) is in the best of interest of the City (UDC 11-5B-3.E).
Not applicable.
2. PRELIMINARY PLAT FINDINGS:
In consideration of a preliminary plat, combined preliminary and final plat, or short
plat, the decision-making body shall make the following findings:
a. The plat is in conformance with the Comprehensive Plan;
Council finds that the proposed plat with 96 building lots and 7 commercial lots is in
substantial compliance with the adopted Comprehensive Plan. Please see Comprehensive
Plan Policies and Goals, Section VII, of the Staff Report for more information.
b. Public services are available or can be made available and are adequate to
accommodate the proposed development;
Council finds that public services will be provided to the subject property upon development.
(See Exhibit B of the Staff Report for more details from public service providers.)
c. The plat is in conformance with scheduled public improvements in accord with the
City’s capital improvement program;
Exhibit A
Because City water and sewer and any other utilities will be provided by the development at
their own cost, Council finds that the subdivision will not require the expenditure of capital
improvement funds.
d. There is public financial capability of supporting services for the proposed
development;
Council relies upon comments from the public service providers (i.e., Police, Fire, ACHD,
etc.) to determine this finding. (See Exhibit B for more detail.)
e. The development will not be detrimental to the public health, safety or general welfare;
and
Council is not aware of any health, safety, or environmental problems associated with the
platting of this property. ACHD considers road safety issues in their analysis. Council
considered any public testimony that was presented when determining whether or not the
proposed subdivision may cause health, safety or environmental problems.
f. The development preserves significant natural, scenic or historic features.
Council is unaware of any natural, scenic or historic features on this site. Therefore, staff
finds that the proposed development will not result in the destruction, loss or damage of any
natural, scenic or historic feature(s) of major importance. Council references any public
testimony that may be presented to determine whether or not the proposed development may
destroy or damage a natural or scenic feature(s) of major importance.
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
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 consider any public testimony that may be 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.
Exhibit A
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. The Council references any public testimony
that may be 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.