Z - Findings E IDIAN:---
DAHO
CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW
AND
DECISION& ORDER
In the Matter of the Request for a Modification to the Conditional Use Permit for Village
Apartments, a 336-Unit Multi-Family Development,Located at 2600 N.Eagle Rd. on 11.38 Acres of
Land in the C-G Zoning District,by KM Engineering,LLP.
Case No(s).MCU-2021-0008
For the Planning& Zoning Commission Hearing Date of. October 21,2021 (Findings on November
4,2021)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of October 21,2021, incorporated
by reference)
2. Process Facts(see attached Staff Report for the hearing date of October 21,2021, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of October 21,
2021, incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of October 21,2021,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 Planning&Zoning Commission 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. It-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.
6. That the City has granted an order of approval in accordance with this decision,which shall be
signed by the Chairman of the Commission and City Clerk and then a copy served by the Clerk
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). VILLAGE APARTMENTS MCU-2021-0008
Page 1
upon the applicant,the Planning Department,the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the conditions of approval in the attached staff report for the
hearing date of October 21,2021, 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 Planning & Zoning Commission'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 modification to the conditional use permit is hereby approved in
accord with the conditions of approval in the staff report for the hearing date of October 21,2021,
attached as Exhibit A.
D. Notice of Applicable Time Limits
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 in accord with UDC 11-513-6F.1.
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 in accord with UDC 11-5B-6F.2.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-5B-6.F.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 two (2)years as
determined and approved by the Commission may be granted. With all extensions,the Director
or Commission may require the conditional use comply with the current provisions of Meridian
City Code Title 11.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. 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 October 21,2021
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). VILLAGE APARTMENTS MCU-2021-0008
Page 2
By action of the Planning&Zoning Commission at its regular meeting held on the 4th day of
November ,2021.
COMMISSIONER RHONDA MCCARVEL, CHAIRMAN VOTED
COMMISSIONER ANDREW SEAL,VICE CHAIRMAN VOTED
COMMISSIONER NATE WHEELER VOTED
COMMISSIONER STEVEN YEARSLEY VOTED
COMMISSIONER WILLIAM CASSINELLI VOTED
COMMISSIONER NICK GROVE VOTED
COMMISSIONER MARIA LORCHER VOTED
Rhonda McCarvel, Chairman 11-4-2021
Attest:
Chris Johnson, City Clerk
11-4-2021
Copy served upon the Applicant, the Planning and Development Services divisions of the Community
Development Department,the Public Works Department and the City Attorney.
By: Dated: 11-4-2021
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). VILLAGE APARTMENTS MCU-2021-0008
Page 3
EXHIBIT A
C�
E IDIAN�--
STAFF REPORT f D A H 0
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 10/21/2021 Legend
DATE: -,
Project Lflcfl�iar
TO: Planning&Zoning Commission --
FROM: Sonya Allen,Associate Planner
208-884-5533 '
SUBJECT: MCU-2021-0008
Village Apartments - --
LOCATION: 2600 N. Eagle Rd., in the NW 1/4 of
Section 4,T.3N.,R.IE. (Parcel 001,
r
#S1104233730)
I. PROJECT DESCRIPTION
Modification to the previously approved conditional use permit(CUP-15-019)to update the
conceptual development plan and building elevations and eliminate the requirement for pedestrian&
vehicular connectivity/cross-access to be provided to the residential development to the north
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 11.38 acres
Future Land Use Designation Mixed Use—Regional(MU-R)
Existing Land Use Vacant/undeveloped land approved for a multi-family
development(apartments)
Proposed Land Use s Multi-family residential
Current Zoning C-G(General Retail&Service Commercial District)
Physical Features(waterways, The Milk Lateral runs across the northeast corner of the site
hazards,flood plain,hillside) within a 50'NMID easement and the Finch Lateral runs
along the southwest boundary of the site within an 80'wide
easement that partially encroaches on this site.
Neighborhood meeting date;#of 8/11/21 &8/12/21; 1 attendee(Henry Duskett)
attendees:
History(previous approvals) AZ-03-021 (DA Inst.#104129529);PBA-14-005;MDA-
15-012 [DA Inst.#2017-121321 (removed subject property
from previous DA)];A-2017-0277(CUP time extension);
Page 1
EXHIBIT A F-1
H-2019-0144(CUP time extension—to expire on
12/15/21);A-2020-0115 (PBA ROS#12423)
A. Project Area Maps
Future Land Use Map Aerial Map
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III. APPLICANT INFORMATION
A. Applicant:
Stephanie Hopkins,KM Engineering,LLP—5725 N.Discovery Way,Boise,ID 83713
Page 2
EXHIBIT A
B. Owner:
Derek Gasser, GFI—Meridian Investments,LLC—74 East 500 South, Ste. 200,Bountiful,UT
84010
C. Representative:
Same as Applicant
IV. NOTICING
Planning&Zoning
Posting Date
Newspaper Notification 10/5/2021
Radius notification mailed to 10/5/2021
properties within 300 feet
Site Posting Date 10/7/2021
Next Door posting 10/5/2021
V. STAFF ANALYSIS
The existing Conditional Use Permit(CUP-15-019)approved for the subject property is for a 336-
unit multi-family development on 11.38-acres of land in the C-G zoning district with a gross density
of 29.5 units per acre. Eleven(11)4-story walk-up garden style structures [(10) 32-plexes and(1) 16-
plex] containing a mix of 1-(136) and 2-bedroom(200)units and a 4,389 square foot clubhouse
containing a business center,leasing office,exercise room, great room, a pool room and bike storage
with a covered patio was proposed(see site plan&elevations in Section VII.A).
This application proposes to modify the site layout and building elevations and eliminate the
requirement for pedestrian&vehicular connectivity/cross-access to be provided to the residential
development to the north.
The same number of dwelling units(i.e. 336) are proposed among six(6)4-story buildings, each
containing 56 units,with elevators and internal access for security. A mix of 1-bedroom(200),2-
bedroom(120)and 3-bedroom(16)units are proposed. The two(2)residential buildings previously
shown in the center of the development adjacent to the clubhouse and common area were removed
and common open space with amenities and a clubhouse are now solely proposed in this area with
multi-family structures around the perimeter. This change allows for a larger central open space area.
Note:Because the proposed use, number of multi family units and height/number of stories of the
structures isn't proposed to change,Staff deems the proposed development plan to be generally
consistent with the site development plan included in the Development Agreement as required.
Specific Use Standards: The proposed multi-family development is subject to the specific use
standards listed in UDC 11-4-3-27,Multi-Family Development. Plans submitted with the Certificate
of Zoning Compliance application should demonstrate compliance with these standards.
Access: One(1)access is proposed via N. Records Ave., a collector street, at the east boundary of the
site. A driveway connection is proposed at the southwest corner of the site to the multi-family
development(Regency at River Valley)to the south and two (2)driveway connections are proposed
to the west to the future commercial development for interconnectivity. Staff recommends cross-
access/ingress-egress easements are recorded granting access to these properties.
Page 3
EXHIBIT A
Staff is amenable to the request to remove the requirement for pedestrian and vehicular
connectivity/cross-access to be provided to the residential development to the north as there is a
sidewalk along Records Ave. that will provide pedestrian connectivity and UDC 11-3A-3A doesn't
require vehicular cross-access/ingress-egress easements to be provided between residential properties.
Common Open Space: Based on the square footage of the living area of the proposed dwelling units
[320 between 500-1,200 square feet(s.f.); and 16 over 1,200 square feet], a minimum of 85,600 s.f.
(or 1.97 acres) of common open space that meets the standards in UDC 11-4-3-27C is required. A
total of 88,591 s.f. (or 2.03 acres)is proposed,which is 2,991 s.f. (0.07 of an acre)more than the
minimum required in accord with UDC standards. The site is also within close proximity to Kleiner
Park, a 60-acre public park,that is 600'+/-to the southeast of this property.
Amenities: For multi-family developments with 75 units or more, four(4) amenities are required
with at least one(1) from each category(i.e. quality of life, open space and recreation); for
developments with more than 100 units,the decision-making body shall require additional amenities
commensurate to the size of the proposed development.
Site amenities are proposed from each of the required categories as follows: a clubhouse with a
fitness center, dog washing station and bike repair station, a swimming pool with a spa/hot tub, a 50'
x 100' open space area, gazebos, and a dog park in the central common area; linear open space areas
in various locations; and walking paths. Staff recommends children's play equipment is also
provided; a detail of the equipment should be submitted with the Certificate of Zoning
Compliance application.
Off-Street Vehicle&Bicycle Parking: Off-street parking is required per the standards listed in
UDC Table 11-3C-6 for multi-family developments. Based on(200) 1-bedroom, (120)2-bedroom
and(16) 3-bedroom units, a minimum of 572 spaces are required with 336 of those being in a covered
carport or garage. A total of 582 spaces are proposed in excess of the minimum standards, including
12 ADA spaces,with 336 of those being covered—7 garages buildings are proposed along with
carports.
Based on 582 vehicle parking spaces, a minimum of 23 bicycle parking spaces are required that
comply with the standards listed in UDC 11-3C-5C.A total of 25 spaces are proposed in excess of the
minimum standards; four(4)bicycle racks are proposed at various locations for each building.
Landscaping: Landscaping should be provided in street buffers in accord with the standards listed in
UDC 11-3B-7C. Internal common open space areas are required to be landscaped in accord with the
standards listed in UDC 11-3G-3E. Parking lot and perimeter landscaping is required per the
standards listed in UDC 11-3B-8C. Landscaping is required along all pathways in accord with the
standards listed in UDC 11-3B-12C. A landscape plan that complies with these standards is
required to be submitted with the Certificate of Zoning Compliance application.
Pathways: Pathways are proposed throughout the site through the central common area and between
buildings.No multi-use pathways are depicted on the Pathways Master Plan on this site.
Waterways: The Milk Lateral crosses the northeast corner of the site and lies within a 50-foot wide
NMID easement;the Finch Lateral runs along the southwest boundary of the site within an 80-foot
wide easement which partially encroaches on this site. The existing Development Agreement(Inst.
#2017-121321)requires the Milk Lateral to be piped in accord with UDC 11-3A-6A. If not already
piped,the Finch Lateral where is lies on this site should be piped in accord with UDC 11-3A-6 unless
used as a water amenity or linear open space as defined in UDC 114A-1.
Fencing: Any proposed fencing is required to comply with the standards listed in UDC 11-3A-T T.
Stormwater: An adequate storm drainage system shall be required in all developments in accord
with the City's adopted standards, specifications and ordinances. Design and construction shall follow
Page 4
EXHIBIT A F-1
Best Management Practice as adopted by the City. Storm drainage facilities should be depicted on
the site/landscape plan.
Building Elevations: A conceptual building elevation for the 4-story multi-family structures was
submitted as shown in Section VII.D. Final design is required to comply with the design standards in
the Architectural Standards Manual.
Wayfinding signage and clear addressing should be provided on buildings for emergency
responders; coordinate with Joe Bongiorno,Fire Dept. and Terri Ricks,Land Development.
The Applicant should coordinate with the Police Dept. on emergency access for the secured
buildings.
Certificate of Zoning Comptiance/Design Review:A Certificate of Zoning Compliance and Design
Review application(s)is required to be submitted for the proposed use prior to submittal of building
permit applications to ensure consistency with the provisions in the development agreement,
conditions in Section VIII,UDC standards and design standards in the Architectural Standards
Manual.
VI. DECISION
A. Staff:
Staff finds the proposed changes result in more diversity in rental options with the addition of 3-
bedroom units, a larger central common open space area and in general, a higher quality of
development. Therefore, Staff recommends approval of the proposed conditional use permit
modification with the conditions included in Section VIII per the Findings in Section IX.
B. The Meridian Planning&Zoning Commission heard this item on October 21,2021. At the public
hearing,the Commission moved to approve the subject MCU request.
1. Summary of the Commission public hearine:
a. In favor: Derek Gasser
b. In opposition:None
C. Commenting
d. Written testimony: None
e. Staff presenting application: Bill Parsons
f. Other Staff commenting on application: None
2. Key issue(s)of public testimony:
a. None
3. Key issue(s)of discussion by Commission:
a. None
4. Commission change(s)to Staff recommendation:
a. Modify condition#2c to not require a detail for the gazebos.
Page 5
EXHIBIT A
VII. EXHIBITS
A. Previously Approved Site Plan&Building Elevations(CUP-15-019)
THE VILLAGE APARTMENTS
EAGLE ROAD MERIDIAN,IDAHO ff
III OVERALL GENERAL SITE NOTES
c; F 1b' C SCALE: ............-.........1'=40 0"7ARD.M al.-
__ ZONING: '' ............C-G
TOTAL AREA.. 11.38 ACRES
DENSITY PROPOSED:.........29.5 D.UJACRE
-� � 700.05' n —III SITE NOTES:
NUMBER OF APARTMENT BUILDINGS:............11
NUMBER OF GARAGE BUILDINGS:...............14
NUMBER OF DWELLING UNITS:...............396
s5 1F qq' pp III TOTAL PARKING REQUIRE D/PROPOSED:.....630/645
% � r � III OPEN SPACESI2%ED 29616
COVEREDS PAC ES REOUIREDJPRO POSED:....3361336
GAR AGE SPACES/2%NCESYL .._..1
CARPORT SPAC %HC 21-
6614
BICYCLE PARKING SPACES PROPOSED(1:25):... 90
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a — VILLAGE
COMMON OPEN SPACE REQUIRED:......84,000 S.F.
336D.U.S SPAC50 E /DI
:.....84 APARTMENTS
COMMON OPEN SPACE PROPOSED:. ..84,097 S.F. E—E Haao
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EXHIBIT A
C. Open Space Exhibit(dated: 10/15/2021)
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Page 11
EXHIBIT A
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Page 12
EXHIBIT A
VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING
1. All future development shall comply with the provisions in the existing Development
Agreement(MDA-15-012 [DA Inst. #2017-121321)and the site plan, open space exhibit,
amenities, submitted with this application and with the associated conditions of approval
contained herein.
2. The site/landscape plan submitted with the Certificate of Zoning Compliance application
shall include the following:
a. Demonstrate compliance with the specific use standards listed in UDC 11-4-3-27 Multi-
Family Development, including but not limited to the following:
(1) All on-site service areas, outdoor storage areas,waste storage, disposal facilities, and
transformer and utility vaults shall be depicted on the plan and be located in areas not
visible from a public street,or shall be fully screened from view from a public street
as set forth in UDC 11-4-3-27B.2.
(2) Depict the location of the property management office,maintenance storage area, a
central mailbox location(including provisions for parcel mail)that provide safe
pedestrian and/or vehicle access, and a directory and map of the development at an
entrance or convenient location for those entering the development.
(3) Depict landscaping along the foundations of all street facing elevations as set forth in
UDC 11-4-3-27E.2, 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 plants.
b. Depict children's play equipment in the central common area.
c. Include a details for the children's play equipment and gam.
d. Depict a 20-foot wide street buffer along N. Records Ave., measured from the back of
curb, landscaped per the standards listed in UDC 11-3B-7C.
e. Depict all proposed storm drainage facilities; landscaping shall comply with the standards
listed in UDC 11-3B-IIC.
f. Include a calculations table that demonstrates compliance with the landscape standards
listed in UDC 11-3B-7C(street buffer), 11-3B-8C(parking lot), 11-3B-12C(pathway),
and 11-3G-3E(common open space).
3. Submit floor plans for the units with the Certificate of Zoning Compliance application that
demonstrate compliance with the private usable open space requirements in UDC 11-4-3-
2713.3 (a minimum of 80 square feet is required for each unit).
4. The Milk Lateral shall be piped as set forth in the existing Development Agreement(Inst.
#2017-121321)in accord with UDC 11-3A-6B. If not already piped, if the Finch Lateral lies
on this site it shall also be piped in accord with UDC 11-3A-6B unless used as a water
amenity or linear open space as defined in UDC 11-1A-1.
5. 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 as set forth in
Page 13
EXHIBIT A
UDC 11-4-3-27F; submit a copy of this recorded document to the Planning Division with the
first Certificate of Zoning Compliance application.
6. A cross-access/ingress-egress easement shall be granted to the properties to the west(Parcel
#S 1104233650) and to the south(Parcel#R0748300210) in the locations where driveways
are depicted on the site plan; a recorded copy of these easements shall be submitted with the
Certificate of Zoning Compliance application for this development.
7. Wayfinding signage and clear addressing shall be provided on buildings for emergency
responders. Coordinate with Joe Bongiorno,Fire Dept. and Terri Ricks, Land Development.
8. Coordinate with the Police Dept. on emergency access to the secured buildings.
9. A Certificate of Zoning Compliance(CZC)application shall be submitted and approved for the
proposed use prior to submittal of a building permit application. An Administrative Design
Review application shall be submitted concurrently with the CZC application to ensure
consistency with the standards in the Architectural Standards Manual.
B. PUBLIC WORKS
SITE SPECIFIC CONDITIONS
1. No water or sewer infrastructure was shown with this record. Any new water or sewer
infrastructure must be reviewed by Public Works.
2. Water must be connected to North Records Ave to the east.
GENERAL CONDITIONS
3. 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.
4. 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.
5. 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. 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.
6. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water(MCC 9-1-28.C). 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.
7. Any structures that are allowed to remain shall be subject to evaluation and possible
reassignment of street addressing to be in compliance with MCC.
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EXHIBIT A
8. 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 addressed
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.
9. Any wells that will not continue to be used must be properly abandoned according to Idaho
Well Construction Standards Rules administered by the Idaho Department of Water
Resources. The Developer's Engineer shall provide a statement addressing whether there are
any existing wells in the development, and if so,how they will continue to be used, or
provide record of their abandonment.
10. 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.
11. All improvements related to public life, safety and health shall be completed prior to
occupancy of the structures.
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.
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.
14. Applicant shall be responsible for application and compliance with any Section 404
Permitting that may be required by the Army Corps of Engineers.
15. Developer shall coordinate mailbox locations with the Meridian Post Office.
16. 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.
17. The design 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.
18. 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.
19. 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.
20. 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.
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EXHIBIT A
IX. FINDINGS
Conditional Use(UDC 11-5B-6)
Findings: The commission shall base its determination on the conditional use permit request upon the
following:
1. That the site is large enough to accommodate the proposed use and meet all the dimensional and
development regulations in the district in which the use is located.
The Commission finds the site is large enough to accommodate the proposed development and
meet all dimensional and development regulations of the C-G zoning district.
2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord
with the requirements of this title.
The Commission finds the proposed use will be harmonious with the Comprehensive Plan and is
consistent with applicable UDC standards with the conditions noted in Section VIII of this report.
3. That the design,construction, operation and maintenance will be compatible with other uses in
the general neighborhood and with the existing or intended character of the general vicinity and
that such use will not adversely change the essential character of the same area.
The Commission finds the design, construction, operation and maintenance of the proposed use
should be compatible with other uses in the general neighborhood, with the existing and intended
character of the vicinity and will not adversely change the essential character of the area.
4. That the proposed use,if it complies with all conditions of the approval imposed,will not
adversely affect other property in the vicinity.
The Commission finds the proposed use will not adversely affect other properties in the vicinity if
it complies with the conditions in Section VIII of this report.
5. That the proposed use will be served adequately by essential public facilities and services such as
highways, streets, schools,parks,police and fire protection, drainage structures,refuse disposal,
water, and sewer.
The Commission finds the proposed use will be served by essential public facilities and services
as required.
6. That the proposed use will not create excessive additional costs for public facilities and services
and will not be detrimental to the economic welfare of the community.
The Commission finds the proposed use will not create additional costs for public facilities and
services and will not be detrimental to the economic welfare of the community.
7. That the proposed use will not involve activities or processes,materials, equipment and
conditions of operation that will be detrimental to any persons,property or the general welfare by
reason of excessive production of traffic,noise, smoke, fumes,glare or odors.
The Commission finds the proposed use will not be detrimental to any persons,property or the
general welfare by the reasons noted above.
8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or
historic feature considered to be of major importance. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005)
The Commission finds the proposed use will not result in the destruction, loss or damage of any
such features.
9. Additional findings for the alteration or extension of a nonconforming use:
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EXHIBIT A
a. That the proposed nonconforming use does not encourage or set a precedent for additional
nonconforming uses within the area; and,
This finding is not applicable.
b. That the proposed nonconforming use is developed to a similar or greater level of conformity
with the development standards as set forth in this title as compared to the level of
development of the surrounding properties.
This finding is not applicable.
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