Hickory CUP H-2017-0165FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL FOR REZONE
AND CONDITIONAL USE PERMIT. HICKORY APARTMENTS Case No. H-2017-0165 PAGE 1 OF 4
BEFORE THE MERIDIAN CITY COUNCIL
C/C 03-6-18
IN THE MATTER OF THE REQUEST ) Case No. H-2017-0165
FOR A CONDITIONAL USE PERMIT )
FOR A MULTI-FAMILY DEVELOPMENT)
CONSISTING OF 40 DWELLING UNITS )
ON APPROXIMATELY 1.97 ACRES OF )
LAND AND A REZONE OF 2.11 ACRES )
OF LAND FROM THE L-0 (LIGHT ) FINDINGS OF FACT AND
INDUSTRIAL) ZONING DISTRICT TO ) CONCLUSIONS OF LAW
R-40 (HIGH DENSITY RESIDENTIAL ) AND DECISION AND
ZONING DISTRICT ) ORDER OF DENIAL
)
FOR )
)
HICKORY APARTMENTS )
By MIDWAY INVESTMENTS, LLC )
)
APPLICANT. )
____________________________________)
The above entitled request for a conditional use permit and rezone application
having come on for public hearing on March 6, 2018, at the hour of 6:00 o’clock p.m. at
Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho. Joshua Beach, Meridian
Planning and Zoning Department, and Becky McKay appearing on behalf of Midway
Investments, LLC, testified and the City Council having duly considered the evidence and
the record in this matter therefore make the following Findings of Fact and Conclusions of
Law, and Decision and Order:
FINDINGS OF FACT
1. The notice of public hearing on the application for conditional use permit and
rezone was published for two (2) consecutive weeks prior to said public hearings scheduled
Meridian City Council Meeting Agenda March 27, 2018 – Page 100 of 493
for March 6, 2018, before the City Council, the first publication appearing and written
notice having been mailed to property owners or purchasers of record within three hundred
(300') feet of the external boundaries of the property under consideration more than fifteen
(15) days prior to said hearings and with the notice of public hearings having been posted
upon the property under consideration more than one week before said hearing; and that
copies of all notices were made available to newspaper, radio and television stations as
public service announcements; and the matter having been duly considered by the City
Council on March 6, 2018, public hearing; and the applicant, affected property owners, and
government subdivisions provided services within the planning jurisdiction of the City of
Meridian, having been given full opportunity to express comments and submit evidence.
2. There has been compliance with all notice and hearing requirements set forth
in Idaho Code §§67-6509 and 67-6511, and §11-5A, Municipal Code of the City of
Meridian.
3. The City Council takes judicial notice of its zoning, subdivisions and
development ordinances codified at Title 11, Municipal Code of the City of Meridian, and
all current zoning maps thereof, and the Amended Comprehensive Plan of the City of
Meridian on October 11, 2016, Resolution No. 16-1173, and maps and the ordinance
Establishing the Impact Area Boundary.
4. The property is generally located at 1789 W. Hickory Way, in the SE 1/4 of
Section 5, Township 3 North, Range 1 East, Meridian, Idaho.
5. M and L Limited Partnership, LLC, whose address is 2500 E. Fairview Ave,
Meridian, ID 83642, is the current property owner
6. Midway Investments, LLC, whose address is 141 N. Palmetto Ave #1087.
Eagle, Idaho 83616 is the applicant.
7. The applicant, Midway Investments, LLC, has applied for a rezone (RZ) of
approximately 2.11 acres of land from the L -O zoning district to the R-40 zoning districts
and a conditional use permit for a multi -family residential development consisting of 40
dwelling units (3 multi -family structures) on approximately 1.97 acres. The property which
is the subject of this application is within the City of Meridian.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL FOR REZONE
AND CONDITIONAL USE PERMIT. HICKORY APARTMENTS Case No. H-2017-0165 PAGE 2 OF 4
CONCLUSIONS OF LAW
1. The City of Meridian shall exercise the powers conferred upon it by the
"Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC.
§67-6503).
2. The Meridian City Council shall apply the standards listed in Idaho Code
§67-6511 and Sections 11-513-3 and 11-513-6 of the Unified Development Code to review
the re -zone application and the conditional use permit request.
3. Due consideration has been given to the comment(s) received from the
governmental subdivisions providing services in the City of Meridian planning jurisdiction.
4. That this denial is in accordance with the attached Staff Report for the
hearing date of March 6, 2018, incorporated by reference as Exhibit "A".
5. That this denial is based upon the staff, applicant, and public comments from
the public hearing by the Planning and Zoning Commission from February 1, 2018 which
resulted in a recommended denial.
6. This denial is based upon the staff, applicant, and public comments received on
March 6, 2018 at the public hearing before the City Council.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby
order and this does order:
That the application for rezone is denied since the proposed application is not in the
best interest of the City at this time. The applicant has failed to provide a compelling reason
to change the zoning as originally proposed when the project was approved.
Since the request to rezone the property has been denied, the conditional use permit
is no longer needed and is therefore denied.
The applicant's has right to request a regulatory taking analysis pursuant to section
67-8003, Idaho Code. An affected person aggrieved by a final decision concerning matters
identified in section 67-6521(1)(a), Idaho Code, may within twenty-eight (28) days after all
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL FOR REZONE
AND CONDITIONAL USE PERMIT. HICKORY APARTMENTS Case No. H-2017-0165 PAGE 3 OF 4
remedies have been exhausted under local ordinances seek judicial review as provided by
chapter 52, title 67, Idaho Code.
2018.
By action of the City Council at its regular meeting held on the 2q-Mday of March,
ROLL CALL:
COUNCILMAN ANN LITTLE ROBERTS VOTED
MAYOR TAMMY de WEERD (TIE BREAKER) VOTED
DATED: �/ d-71 )2/g
MOTION: APPROVED:_ DISAPPROVED:
ED AUGUST
01v of '
C..%Vl E IDIAN MAYO MY de WEERD
IDAHO
ATTEST: %, SEAL
TF ��
Re heTREPSJ
C. CO S, CITY CLERK
Copy served upon Applicant, the Community Development Department, Public Works
Department, and City Attorney.
By:0 Dated: 8 -50 -ANE)
City Clerk's Office
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL FOR REZONE
AND CONDITIONAL USE PERMIT. HICKORY APARTMENTS Case No. H-2017-0165 PAGE 4 OF 4
VOTED
COUNCILMAN TREG BERNT
l�
COUNCILMAN JOE BORTON
VOTED
COUNCILMAN LUKE CAVENER
VOTED
COUNCILWOMAN GENESIS MILAM
VOTED Ji
VOTED 1
COUNCILMAN TY PALMER
COUNCILMAN ANN LITTLE ROBERTS VOTED
MAYOR TAMMY de WEERD (TIE BREAKER) VOTED
DATED: �/ d-71 )2/g
MOTION: APPROVED:_ DISAPPROVED:
ED AUGUST
01v of '
C..%Vl E IDIAN MAYO MY de WEERD
IDAHO
ATTEST: %, SEAL
TF ��
Re heTREPSJ
C. CO S, CITY CLERK
Copy served upon Applicant, the Community Development Department, Public Works
Department, and City Attorney.
By:0 Dated: 8 -50 -ANE)
City Clerk's Office
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL FOR REZONE
AND CONDITIONAL USE PERMIT. HICKORY APARTMENTS Case No. H-2017-0165 PAGE 4 OF 4
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:
EXHIBIT A
Meridian City Council Meeting Agenda March 27, 2018 – Page 104 of 493
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
The Meridian City Council heard these items on March 6, 2018. At the public hearing, the
Council denied the subject rezone and conditional use permit request.
a. Summary of City Council Public Hearing:
i. In favor: Becky McKay (applicant’s representative), Mike Fenn, Lindsay Newgard,
ii. In opposition: Scott Tiffany, Amy Holladay, Colleen Proctor, Kathy Wiseman, Scott
Ingraham, Linda Green, John Green, Peter Kruger, Terry Chestnut, Michael
Anderson, Eleanor Anderson, Kathy Edmonson, Angela McDonald, David McDonald,
Karalyn Hall, Amy Linhart, Kara Stevens, Wall Kimball, LaDell Anderson, Carolyn
Flanagan, David Cook, Sally Ellsworth, Steven Hall, Kathy Jones, Craig Croner, Chris
Middleton, Craig Randall, Eric Buehler, Brittany Buehler, Jesse Vycital, Galina
Martinson, Bagden Martsenyuk, Shirley Moon, Bev Haringdale, Sandra Nelson, Randy
Nelson, Sheryl McCormick, Jan Wheatley, Michael Kleint, Lorraine Kleint, John
Anderson, Ken Griffin, Glen Griffin, Fred McCormick, Dan Kimball, Nancy Newman,
Keith Feeley, Deb Skinner, John Skinner, Silveska Kyastin, Bagden Martsenyuk, Sanel
Tucakoutc, Shannon Herbert, Dana Herbert, Michael Cunningham, Jeff Miller, Chuck
Carlson, Britney Hall, Robert Jenkins, Sylvia Jenkins, Sara Watts, Gweneth Tyler,
Collin Feeley, Meredith Fehringer, Elizabeth Voss, Curt Voss, Don Steinke, Debbie
Steinke, Meredith Fehringer, Carl Malkowski,
iii. Commenting: Scott Tiffany, Amy Holladay, Scott Ingraham, Peter Kruger, David
McDonald, Karalyn Hall, Steven Hall, Craig Croner, Chris Middleton, Craig Randall,
Brittany Buehler, Shirley Moon, Randy Nelson, Jan Wheatley, Lorraine Kleint, John
Anderson, Mike Fenn, Sanel Tucakoutc, Lindsay Newgard, Dana Herbert, Michael
Cunningham, Don Steinke, Meredith Fehringer, Carl Malkowski, Bogden Martsenyuk,
iv. Written testimony: Jesse Vycital
v. Staff presenting application: Josh Beach
vi. Other staff commenting on application: None
b. Key issue(s) of Public Testimony:
i. Heavy traffic through the area
ii. Limited vehicular access for the surrounding area
iii. Lack of parking for the proposed development
iv. Lack of parking for the existing restaurant
v. The appropriateness of this density in this location
c. Key Issues of Discussion by Council:
i. Heavy traffic
ii. Lack of parking
iii. Limited access
iv. Lack of transition
v. The density is too high
di. Key Council Changes to Staff/Commission Recommendation
i. None
Meridian City Council Meeting Agenda March 27, 2018 – Page 105 of 493
Hickory Apartments H-2017-0165 PAGE 3
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. Owner:
M and L Limited Partnership, LLC
2500 E. Fairview Ave
Meridian, ID 83646
C. Applicant
Midway Investments, LLC
141 N. Palmetto Ave #1087
Eagle, ID 83616
D. Representative:
Becky McKay
Engineering Solutions
1029 N. Rosario Street, Suite 100
Meridian, ID 83642
E. 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
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.
Meridian City Council Meeting Agenda March 27, 2018 – Page 106 of 493
Hickory Apartments H-2017-0165 PAGE 4
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%.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed use (staff analysis in italics):
Meridian City Council Meeting Agenda March 27, 2018 – Page 107 of 493
Hickory Apartments H-2017-0165 PAGE 5
“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
the landscape plan attached in Exhibit A.3.
Meridian City Council Meeting Agenda March 27, 2018 – Page 108 of 493
Hickory Apartments H-2017-0165 PAGE 6
“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:
Meridian City Council Meeting Agenda March 27, 2018 – Page 109 of 493
Hickory Apartments H-2017-0165 PAGE 7
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 developmen t
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
Meridian City Council Meeting Agenda March 27, 2018 – Page 110 of 493
Hickory Apartments H-2017-0165 PAGE 8
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
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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.
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Council made the finding that the rezone and conditional use permit application were not in the
best interest of the city due to the lack of transition, lack of parking and due to the high density
proposed for the development and denied the 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
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Exhibit A.1: Vicinity Map
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Exhibit A.2: Proposed Site Plan
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Exhibit A.3: Proposed Landscape Plan
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Exhibit A.4: Proposed Building Elevations
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Exhibit A.5: Rezone legal description and Exhibit Map
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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.
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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.
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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.
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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
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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.
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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):
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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.
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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 avai lable 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.
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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.
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