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CC - Staff Report1 Charlene Way From:Joshua Beach Sent:Thursday, March 01, 2018 12:52 PM To:Becky McKay (es-beckym@qwestoffice.net); Barbara Shiffer; Bill Parsons; C.Jay Coles; Charlene Way; Christopher Johnson Subject:Hickory Apartments (H-2017-0165) Attachments:Hickory Apartments H-2017-0165 Recs.pdf Attached are the Planning & Zoning Commission’s recommendations and the Staff Report for the proposed rezone and conditional use permit for Hickory Apartments H-2017-0165. These items are scheduled to be on the City Council agenda on March 6, 2018. The public hearing will be held at City Hall, 33 E. Broadway Avenue, beginning at 6:00 pm. Please call or e-mail with any questions. Becky - Please submit any written response you may have to the recommendations in the report to the City Clerk’s office ( cjcoles@meridiancity.org ) and myself (e-mail or fax) as soon as possible. Josh Beach | Associate City Planner City of Meridian | Community Development Department 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: 208-489-0576 Built for Business, Designed for Living www.opportunitymeridian.org All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. Hickory Apartments H-2017-0165 PAGE 1 STAFF REPORT HEARING DATE: March 6, 2018 TO: Mayor & City Council FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Hickory Apartments – H-2017-0165 I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Midway Investments, LLC, has applied for a conditional use permit (CUP) for a multi- family development consisting of 40 dwelling units (3 multi-family structures) on approximately 1.97 acres of land and a rezone of 2.11 acres of land from the L-O zoning district to the R-40 zoning district. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed CUP and RZ applications with the conditions of approval in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit D of the Staff Report. The Meridian Planning & Zoning Commission heard these items on February 1, 2018. At the public hearing, the Commission moved to recommend denial of the subject Rezone and Conditional Use Permit requests. a. Summary of Commission Public Hearing: i. In favor: Becky McKay (Applicant’s representative) ii. In opposition: Scott Tiffany, Pete Kruger, Wally Kimball, Dawn Bergheim, Shirley Moon, Bogdan, Martsenyuk, Craig Randall, Paloma Aderman, Eric Buehler, Brittany Buehler, Scott Ingraham, Dave McDonald, Bill Eames, Douglas Gregory, Clare Balkowski, John Anderson, Sean Kenny, Amelia Eells, Katie McCarney, Chris Middleton iii. Commenting: Scott Tiffany, Pete Kruger, Wally Kimball, Dawn Bergheim, Shirley Moon, Bogdan, Martsenyuk, Craig Randall, Paloma Aderman, Eric Buehler, Brittany Buehler, Scott Ingraham, Dave McDonald, Bill Eames, Douglas Gregory, Clare Balkowski, John Anderson, Sean Kenny, Amelia Eells, Katie McCarney, Chris Middleton iv. Written testimony: Shirley Moon, Wallace Kimball, Jesse Vycital v. Staff presenting application: Josh Beach vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. Potential for decreased property values ii. Increased traffic iii. Increased commute times iv. The appropriateness of R-40 zoning and high-density units in the area. v. Potential for increased crime in the area. vi. Whether there is there sufficient parking for the commercial businesses and the multi- family development. vii. Appropriateness of the transition of uses provided c. Key Issues of Discussion by Commission: Hickory Apartments H-2017-0165 PAGE 2 i. Does a multi-family use provide the necessary transition to the single family residences? ii. Is a rezone appropriate for this lot? d. Commission Change(s) to Staff Recommendation: i. None e. Outstanding Issue(s) for City Council: i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to recommend approval of File Number H-2017-0165 as presented in the staff report for the hearing date of February 1, 2018, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to recommend denial of File Number H-2017-0165, as presented during the hearing on February 1, 2018, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2017-0165 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at 1789 N. Hickory Way, in the SE ¼ of Section 5, Township T.3N., Range 1E. B. Applicant/Owner: M and L Limited Partnership, LLC 2500 E. Fairview Ave Meridian, ID 83646 C. Representative: Becky McKay Engineering Solutions 1029 N. Rosario Street, Suite 100 Meridian, ID 83642 D. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for a conditional use permit and a rezone which require a public hearing before the Planning and Zoning Commission, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: December 12, 2017 C. Radius notices mailed to properties within 300 feet on: January 5, 2018 D. Applicant posted notice on site by: January 22, 2018 Hickory Apartments H-2017-0165 PAGE 3 VI. LAND USE A. Existing Land Use(s): The site where the multi-family development is proposed is currently vacant undeveloped land, zoned L-O. B. Character of Surrounding Area and Adjacent Land Use and Zoning: The subject property is primarily surrounded by developed and undeveloped commercial and residential properties, zoned RUT (Ada County), R-8, and C-G. C. History of Previous Actions:  The subject property was originally annexed into the City in in 1992 as Angel Park Subdivision and granted an L-O zoning designation.  In 2001, Council approved a resubdivision of Lot 1, Block 1 of Angel Park Subdivision under the name of Mallane Commercial Complex (PP-00-021).  The final plat for Mallane Commercial Complex was approved in 2003 (FP-03-001). Also in 2003, Council approved a rezone for the property (RZ-03-001). Per the recorded plat, all lots within the subdivision were required to obtain CUP prior to construction commencing on the lots. D. Utilities: a) Location of sewer: Sanitary sewer service to this development shall come from existing mainlines in N. Hickory way and in the adjacent drive aisle. b) Location of water: Domestic water service to this development shall come from existing mainlines in N. Hickory way and in the adjacent drive aisle. c) Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: There is an irrigation lateral along the east side of the property. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: NA VII. COMPREHENSIVE PLAN ANALYSIS The Comprehensive Plan Future Land Use Map currently designates the subject property “Commercial.” The subject property is currently designated “Commercial” on the Comprehensive Plan Future Land Use Map. Per the Comprehensive Plan (page 21), commercial designated areas: provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as government offices. Within this land use category, specific zones may be created to focus commercial activities unique to their locations. These zones may include neighborhood commercial uses focusing on specialized service for residential areas adjacent to that zone. The R-40 zone isn’t a typical designation for the Commercial land use however; the Future Land Use Map within the Comprehensive Plan encourages that zoning. Staff is requiring the R-40 in lieu of a commercial designation so that the zoning reflects the proposed multifamily use. The applicant is proposing 40 units on 1.97 acres. The proposed density is 20.3 units per acre. The applicant is providing 0.46 of an acre of open space, or 23.5%. Hickory Apartments H-2017-0165 PAGE 4 Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics):  “Provide for a wide diversity of housing types (single-family, modular, mobile homes and multi-family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development.” (3.07.03B) The proposed multi-family residential development will contribute to the variety of housing types available within this part of the City and offer rental options for 1, 2 and 3 bedroom units.  “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 sewer and water services are available to be extended to the subject property with development of the site.  “Require appropriate landscaping and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.) A 20-foot wide buffer is proposed along N. Hickory Way which is adjacent to the north boundary of the site.  “Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) The proposed multi-family residential development should be compatible with existing single- family residential uses to the north and west. The area will see an increase in traffic as part of this development and as part of future developments to the south and east. The applicant has proposed a 25 foot landscape buffer adjacent to the single-family residences in the Dove Meadows Subdivision. The applicant has also proposed to install a fairly dense landscape buffer that includes 13 trees on approximately 240 feet of linear space. Additionally, the building being proposed near Dove Meadows are designated as 2-story to help minimize the impact to the adjacent single-family homes.  “Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D) The applicant proposes to use existing accesses approved with the Mallane Subdivision. Per the recorded plat, there is a reciprocal cross access agreement in place for the entire complex.  “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.” (3.07.02, pg. 55) The proposed multi-family development is located near major access thoroughfares (E. Fairview Road and N. Eagle Road).  “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 1, 2 and 3 bedroom apartments will contribute to the variety of residential housing options and rental prices available within the City.  “Require all new and reconstructed parking lots to provide landscaping in internal islands and along streets.” (2.01.04B) Landscaping is proposed within planter islands in the parking areas on this site as shown on Hickory Apartments H-2017-0165 PAGE 5 the landscape plan attached in Exhibit A.3.  “Provide housing options close to employment and shopping centers.” (3.07.02D) This site is located near a major mobility corridor and near a major commercial area (N. Eagle Road). This area is expected to provide a large number of jobs as well as other commercial activities.  “Elevate quality of design for houses and apartments; evaluate the need for design review guidelines for single-family homes.” (3.07.02O) The multi-family structures within the proposed development will be subject to the design standards in UDC 11-3A-19 and the guidelines in the Architectural Standards Manual. Further refinement to the design of these structures is required in order for the project to meet the design review requirements.  “Require open space areas within all development.” (6.01.01A) This multi-family development is required to comply with UDC 11-4-3-27. The landscape plan indicates that approximately 23.5% of the development is landscaped; the site appears to meet the requirements of the UDC and to have provided the 23.5%. For the above reasons, staff believes the proposed development is consistent with the policies and goals of the Comprehensive Plan and will be an integral part of the MHDR designated area. VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan. Residential districts are distinguished by the dimensional standards of the corresponding zone and housing types that can be accommodated. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-8 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-40 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the site for multi-family dwellings is a conditional use in the R-40 zoning district. D. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Tables 11-2A-8 for the R-40 zoning district. E. Landscaping Standards (UDC 11-3B): The standards for landscaping contained in UDC 11-3B apply to development of this site. F. 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 11-4-3-27C; and11-4-3-27D. G. Structure and Site Design Standards: The proposed multi-family development must comply with the design standards in accord with UDC 11-3A-19 and the Architectural Standards Manual. H. Parking Standards: UDC 11-3C-6A requires off-street vehicle parking to be provided on the site. For one bedroom units, 1.5 vehicle parking spaces are required per dwelling unit; at least one in a covered carport or garage. For 2-3 bedroom units, 2 parking spaces; at least one in a covered carport or garage. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: Hickory Apartments H-2017-0165 PAGE 6 REZONE: The applicant has applied to rezone 2.11 acres of land from the L-O zoning district, to the R-40 zoning district. As discussed above in Section VII, staff believes the proposed zoning designation is consistent with the policies in the Comprehensive Plan. The applicant proposes to develop 40 new multi-family dwellings in 3 buildings as shown on the site plan included in Exhibit A.2. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be rezoned. CONDITIONAL USE PERMIT (CUP): A CUP is requested for the development of multi-family residential uses on the subject 1.97 acre property in the proposed R-40 zoning district. The UDC (Table 11-2A-2) also requires CUP approval for a multi-family development in the R-40 zoning district. The multi-family residential development is proposed to consist of 40 dwelling units within (3) 2 and 3-story structures on 1.97 acres of land. The units will consist of 1 and 2-bedrooms containing 500-800 s.f. for the 1-bedroom units and 800-1,200 s.f. for the 2-bedroom units. There are 20 1-bedroom units, and 20 2-bedroom units. The applicant is proposing a play structure, a plaza and some yard art as amenities for the subdivision. Staff is recommending that the applicant replace the yard art with a covered seating area near the play structure. 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. This property is proposed to be zoned R-40 so all buildings must be setback along the perimeter a minimum of 12-feet. Private useable open space in accord with UDC standards is proposed for each unit in the form of private patios and balconies.  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. Prior to the Planning and Zoning Commission hearing, the applicant shall provide details of the above mentioned items, and shall relocate the directory near the entrance of the development.  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. All of the proposed units contain between 500 and 1,200 square feet of living area. Therefore, a minimum of 10,000 s.f. (or 0.229 of an acre) of common open space is required to be provided for the development. 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 applicant has not provided a calculation table indicating the area included in the required open space calculation. Prior to the Commission meeting, the applicant should submit a detailed plan with calculations demonstrating compliance with this standard.  Landscaping is required to comply with UDC 11-4-3-27-E. All street facing elevations shall have landscaping along their foundation as follows: the landscaped area shall be at Hickory Apartments H-2017-0165 PAGE 7 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. The landscape plan appears to comply with this requirement. The plan(s) submitted with the Certificate of Zoning Compliance for the structures that face N. Hickory Way should comply with this requirement.  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 first Certificate of Zoning Compliance application. Parking: Off-street vehicle parking is required to be provided on the site in accord with the standards listed in UDC 11-3C-6. For multi-family developments, parking standards are based on the number of bedrooms per unit – 1-bedroom units require 1.5 spaces per unit with at least one of those in a covered carport or garage and 2-bedroom units require 2 spaces per unit with at least one of those in a covered carport or garage. For commercial development, one space is required for every 500 s.f. of gross floor area. The final count of the 1 and 2-bedroom units is as follows: 1-bedroom units: 20 Parking stalls required: 30 2-bedroom units: 20 Parking stalls required: 40 The total number of parking spaces required for the overall development is 70. The applicant has proposed to provide 77 parking spaces, which meets the requirements of the UDC. The applicant is also proposing 40 covered stalls for the development, which also meets the requirements of the UDC. A minimum of one bicycle parking space for every 25 proposed vehicle spaces or portion thereof is required to be provided on the site per UDC 11-3C-6G in accord with the standards listed in UDC 11-3C-5C. Based on 77 vehicle spaces proposed to be provided on the site, a minimum of 4 bicycle spaces are required. The applicant proposes a total of 4 bicycle parking spaces in bicycle racks dispersed throughout the site in compliance with this requirement. Landscaping: Street buffer landscaping along N. Hickory Way is required as set forth in UDC Table 11-2B-3. Landscaping is required to be installed within the street buffer in accord with the standards listed in UDC 11-3B-7C with the first phase of development and prior to issuance of the first Certificate of Occupancy for the site. The applicant is responsible for protecting the existing landscaping along Hickory Way during construction. Parking lot landscaping is required to be provided in accord with the standards listed in UDC 11 - 3B-8C. The landscaping plan shall be revised to include parking islands at the end of each parking aisle in accord with UDC11-3B-8C. The existing landscape plan is missing 6 interior landscape buffers that will impact 4 parking spaces that are currently proposed. The elimination of these stall will not make the site non-compliant with code, but it is a concern with the limited number of parking spaces for the development and the inability of residents to park along Hickory Way or in the adjacent commercial development. Parking could be increase either by the installation of more parking stalls, or by eliminating units. Staff is of the opinion that the development should reduce the number of units to 36 in order to Hickory Apartments H-2017-0165 PAGE 8 provide sufficient parking for the development. The additional eight parking stall will help lessen the concern about the lack of parking in the surrounding area. Sidewalks: A 5-foot wide detached sidewalk exists along N. Hickory Way, per UDC 11-3A-17. Additionally, all sidewalks around buildings shall be a minimum of five feet in width. Access: The applicant is proposing one access from N. Hickory Way for the development. As previously mentioned the development has cross-access to the adjacent commercial development to the south and has connectivity to E. Fairview Avenue. Fencing: Any fencing proposed to be constructed on the site shall comply with the standards listed in UDC 11-3A-7. 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. One trash enclosure is depicted on the site. The enclosure and location should be approved by Bob Olson, Republic Services. Republic Services has indicated that one additional trash enclosure will be required for the site. This will impact the site design. Prior to the Planning and Zoning Commission hearing, the applicant shall provide a site plan showing one additional trash enclosure. A detail of the trash enclosures should be submitted with the Certificate of Zoning Compliance application(s).The trash enclosures shall also accommodate recycling containers. Building Elevations: The conceptual elevations included in Exhibit A.4 incorporate architectural features designed to provide articulation and variety such as windows, and offsetting walls. The main entrances should be designed as focal points of the buildings through architectural treatments and lighting and should provide weather protection. Roof forms should be distinctive and include variety and detail when viewed from the street – sloped roofs shall have a significant pitch and flat roofs should include distinctive cornice treatments. Building materials are proposed to consist of hardiboard, metal, and stucco. Prior to submission of a Certificate of Zoning Compliance, the applicant shall provide details of the carports. All roof and wall mounted mechanical, electrical, communications, and service equipment should be screened from public view from the adjacent public streets and properties by the use of parapets, walls, fences, enclosures or by other suitable means. Administrative design review is required with the Certificate of Zoning Compliance application(s) to ensure final design of structures comply with this requirement and the design review standards and guidelines in effect at the time of development. Building elevations were submitted for the multi-family structures (see Exhibit A.4). No building elevations were submitted for the carports. Certificate of Zoning Compliance: The applicant is required to obtain approval of a Certificate of Zoning Compliance application for establishment of the new use and to ensure all site improvements comply with the provisions of the UDC and the conditions in this report prior to application for building permits, in accord with UDC 11-5B-1. Design Review: The applicant is required to submit an application for Design Review concurrent with the Certificate of Zoning Compliance application in accord with UDC 11-5B-8. All structures built on the site are required to comply with the City’s design standards. Hickory Apartments H-2017-0165 PAGE 9 Commission recommends denial of the proposed Rezone and CUP applications. X. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Proposed Site Plan 3. Proposed Landscape Plan 4. Proposed Building Elevations 5. Rezone legal description and Exhibit Map B. Conditions of Approval C. Required Findings from Unified Development Code Hickory Apartments H-2017-0165 PAGE 10 Exhibit A.1: Vicinity Map Hickory Apartments H-2017-0165 PAGE 11 Exhibit A.2: Proposed Site Plan Hickory Apartments H-2017-0165 PAGE 12 Exhibit A.3: Proposed Landscape Plan Hickory Apartments H-2017-0165 PAGE 13 Hickory Apartments H-2017-0165 PAGE 14 Exhibit A.4: Proposed Building Elevations Hickory Apartments H-2017-0165 PAGE 15 Hickory Apartments H-2017-0165 PAGE 16 Exhibit A.5: Rezone legal description and Exhibit Map Hickory Apartments H-2017-0165 PAGE 17 Hickory Apartments H-2017-0165 PAGE 18 B. Conditions of Approval 1. PLANNING DIVISION 1.1 Site Specific Conditions of Approval 1.1.1 The applicant shall meet all terms of the approved annexation for Angel Park Subdivision, rezone (RZ-03-001) and preliminary plat (PP-00-021) for this site. 1.1.2 Development of the site shall substantially comply with the conceptual site plan included in Exhibit A (as attached), the design standards listed in UDC 11- 3A-19 and the guidelines contained in the City of Meridian Design Manual or any updated version thereof in effect at the time of development. 1.1.3 All future development shall comply with the dimensional standards for the R- 40 zoning district contained in UDC Table 11-2A-7 as applicable. 1.1.4 The developer shall comply with all ACHD conditions of approval associated with development of this site. 1.1.5 The site plan, dated 12/14/2017, is approved with the following changes:  Prior to the Planning and Zoning Commission hearing, the applicant shall revise the site plan to include a property management office; maintenance storage area, and relocate the directory map to the entrance of the development.  The trash enclosure and location should be approved by Bob Olson, Republic Services. A detail of the trash enclosures should be submitted with the Certificate of Zoning Compliance application(s).The trash enclosures shall also accommodate recycling containers.  Prior to the Planning and Zoning Commission hearing, the applicant shall provide a site plan showing one additional trash enclosure.  The applicant shall reduce the number of units to 36 in order to provide sufficient parking for the development. 1.1.6 The landscape plan, dated 12/04/2017, is approved with the following changes:  Landscaping along the foundation of the buildings shall comply with UDC 11-4-3-27F.  The applicant shall provide the following qualifying amenities: 1) a play structure, 2) a plaza, and 3) the applicant shall replace the yard art with a covered seating area near the play structure.  The applicant shall protect the existing landscaping along Hickory Way during construction.  The landscaping plan shall be revised to include parking islands at the end of each parking aisle in accord with UDC11-3B-8C. 1.1.7 The building elevations attached in Exhibit A.4, are approved with the following changes:  Prior to the Commission hearing, the applicant shall provide elevations and greater details of the carport structures.  The proposed carports shall be painted or powder coated to complement the overall color scheme for the development. Hickory Apartments H-2017-0165 PAGE 19 1.1.8 The developer shall comply with the specific use standards for multi-family developments listed in UDC 11-4-3-27. 1.1.9 Prior to submission of a Certificate of Zoning Compliance, the applicant shall provide details of the carports. 1.1.10 All roof and wall-mounted mechanical, electrical, communications, and service equipment shall be screened from public streets and properties by the use of parapets, walls, fences, enclosures, or by other suitable means. 1.1.11 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site. 1.1.12 Maintenance of all common areas shall be the responsibility of the developer or assigns. 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, private streets, and other development features. A copy of the recorded document shall be submitted with the first Certificate of Zoning Compliance (CZC). The responsible party for the maintenance of the development shall be a single entity overseeing the entire multi-family development. 1.1.13 Floor plans shall be submitted with the Certificate of Zoning Compliance application(s) that demonstrate compliance with the 80 square feet of private useable open space requirements listed in UDC 11-4-3-27. 1.1.14 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3B-5I, 11-3B-8C, and Chapter 3 Article C. At a minimum, 20 of the 40 stalls must be covered. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the R-40 zoning district listed in UDC Chapter 2 District regulations. 1.2.2 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.3 Install lighting consistent with the provisions as set forth in UDC 11-3A-11. 1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11 -3A- 15, UDC 11-3B-6 and MCC 9-1-28. 1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.2.7 Construct all required landscape areas used for storm water integration consistent with the standards as set forth in UDC 11-3B-11C. 1.2.8 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-12. 1.2.9 Comply with the structure and site design standards, as set forth in UDC 11-3A-19 and the guidelines set forth in the Architectural Standards Manual (ASM). 1.2.10 The applicant shall submit and obtain approval of a Certificate of Zoning Compliance application and Design Review from the Planning Division, prior to submittal of building permit application. NOTE: A CZC application may include one or more multi-family units on a lot/parcel. 1.2.11 The conditional use approval shall be null and void if the applicant fails to 1) commence the use within two years as set forth in UDC 11-5B-6F1 or 2) gain approval of a time extension as set forth in UDC 11-5B-6F4. Hickory Apartments H-2017-0165 PAGE 20 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 The applicant shall coordinate with the Public Works department on connection to the existing water and sewer main adjacent to the property. 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to development plan approval. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). 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. Hickory Apartments H-2017-0165 PAGE 21 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, 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 11-12-3H. 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 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. 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 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 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 Hickory Apartments H-2017-0165 PAGE 22 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. POLICE DEPARTMENT 3.1 The applicant shall provide an access plan for the development. 3.3 The applicant shall provide a lighting plan for the development. 4. FIRE DEPARTMENT 4.1 Any newly installed Fire Department connections for sprinkler or standpipes will require locking Knox box plugs. 4.2 Based on the size of new construction and the location of the sprinkler room in relation to the address side of the structure, the AHJ may require separate Knox box locations. One being at the main, address side entrance and the other at the entrance to the sprinkler riser room. 4.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have the 4 ½” outlet face the main street or parking lot drive aisle. b. Fire hydrants shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10’. f. Fire hydrants shall be placed 18” above finished grade to the center of the 4 ½” outlets. g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 4.4 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28’ inside and 48’ outside, per International Fire Code Section 503.2.4. 4.5 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire Code Sections 503.4 & D103.6. 4.6 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.7 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. 4.8 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. 4.9 Maintain a separation of 5’ from the building to the dumpster enclosure as set forth in International Fire Code Section 304.3.3. 4.10 Provide a Knox box entry system for the complex prior to occupancy as set forth in International Fire Code Section 506. 4.11 The first digit of the Apartment/Office Suite shall correspond to the floor level as set forth in International Fire Code Section 505.1. Coordinate with the Fire Department on placement of address signage on building. Hickory Apartments H-2017-0165 PAGE 23 4.12 The applicant shall work with Public Works and Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance and is placed in a position that is plainly legible and visible from the street or road fronting the property, as set forth in International Fire Code Section 505.1. 4.13 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official as set forth in International Fire Code Section 507.5.1. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4.14 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. 4.15 The Fire Department will require Knoxbox Fire Department Connection caps on all FDC inlets. IFC 102.9 4.16 There shall be a fire hydrant within 100’ of all fire department connections as set forth in local amendment to the International Fire Code 10-4-2L. 4.17 Buildings over 30’ in height are required to have access roads in accordance with the International Fire Code Appendix D Section D105. 4.18 Emergency response routes and fire lanes shall not be allowed to have traffic calming devices installed without prior approval of the Fire Code Official. National Fire Protection Standard 1141, Section A5.2.18 5. REPUBLIC SERVICES 5.1 Prior to submittal of a Certificate of Zoning Compliance (CZC) application to the City of Meridian Planning Department, the applicant shall submit a scaled site plan and detail of the trash enclosure to Bob Olson at Republic Services (345-1265) that demonstrates compliance with the following items: a. Suitable waste enclosure locations (enclosures should be located to minimize service vehicle back-up requirement)]; b. Sufficient overhead clearance height for service vehicles (a minimum 13’ clearance is required, including power and telecommunication lines; this requirement increases to 22’ at container service locations); c. Ample number and size of waste receptacles/enclosures to meet waste generation points and volumes; d. Adequate waste enclosure access (the applicant shall provide drive-on capability for 6 and 8 cubic yard containers; allow a minimum of 60’ frontal clearance); e. Adequate turning radius (provide a minimum 28’ inside and 48’ outside for all entrances, internal roads, drive aisles, alleys, and private streets where they intersect a public street); f. Meets design standards for waste enclosure(s): Hickory Apartments H-2017-0165 PAGE 24 i. Concrete pad for the waste enclosure (required for all enclosures); ii. Concrete apron in front of waste enclosure (minimum 8’ in depth) iii. Gate locks for the waste enclosure for both open and closed positions; iv. Clearance inside waste enclosure gates (minimum 12’ x 10’ when in open position) Note: If building tenant wishes to recycle, please contact Bob Olson at Republic Services (345-1265) for minimum dimensional requirements; v. Bollards inside the enclosure to prevent the container from damaging the walls and gates; vi. Waste enclosure user access (When possible, the enclosure should be designed with an easy pedestrian access point other than the front gates to ensure less mess within the enclosure as well as reduce gate damage); 6. PARKS DEPARTMENT 6.1 The Parks Department had no comments on this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 At the time this staff report was written, staff had not yet received comments from the Ada County Highway District. Hickory Apartments H-2017-0165 PAGE 25 C. Required Findings from Unified Development Code 1. Conditional Use Permit Findings: 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. Staff finds that if the site is designed in accord with the site plan in Exhibit A and the conditions of approval in Exhibit B, the site will be large enough to accommodate the proposed use and meet the dimensional and development regulations of the proposed R-40 zoning district and the multi-family specific use standards. b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. Staff finds that the proposed multi-family residential use in the proposed R-40 zone meets the objectives of the Comprehensive Plan and UDC. 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. Staff finds that the general design, construction, operation and maintenance of the multi-family use will be compatible with other residential and commercial uses in the general neighborhood and with the existing and intended character of the vicinity and will not adversely change the character of 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. Staff 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. Staff 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. Staff 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. Hickory Apartments H-2017-0165 PAGE 26 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. Staff finds that the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. Staff 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. Staff finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance. 2. 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 an annexation, 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 the subject property from L-O to the R-40 zoning district. This property is currently designated Commercial on the Future Land Use Map. Staff 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; Staff finds that the proposed map amendment to the R-40 zoning district is consistent with the purpose statement for the residential districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Staff finds that the proposed zoning map amendment will not be detrimental to the public health, safety, or welfare. City utilities already exist to this site. Staff recommends that the Commission and Council consider 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, Staff finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). This finding is not applicable as the request is for a rezone.