HomeMy WebLinkAboutBainbridge Subdivision RZ-09-003CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS
OF LAW AND
DECISION & ORDER
~E IDIZ IAN,-
~/
In the Matter of a Request for Rezone of 5.02 Acres of Land in Bainbridge Subdivision
from the R-8 (Medium Density Residential) District to the L-O (Limited Office) District, by
Brighton Corporation.
Case No(s). RZ-09-003
For the City Council Hearing Date of: September 22, 2009 (Findings on the October 6,
2009 City Council agenda)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of September 22, 2009,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of September 22, 2009,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of
September 22, 2009, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of September 22, 2009, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code
codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of
Meridian has, by ordinance, established the Impact Area and the Amended
Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002,
Resolution No. 02-382 and Maps.
The conditions shall be reviewable by the City Council pursuant to Meridian City Code §
11-SA.
CITY OF MERIDIAN FWDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-09-003
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the Legal Description and Exhibit Map, and provisions of
the development agreement in the attached Staff Report for the hearing date of September
22, 2009, incorporated by reference. The conditions are concluded to be reasonable and
the applicant shall meet such requirements as a condition of approval of the application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
The applicant's Rezone as evidenced by having submitted the legal description and
exhibit map, stamped by James R. Washburn and dated June 24, 2009, is hereby
conditionally approved; and,
2. A Development Agreement (DA) is required with the subject rezone approval. The
provisions of the DA are as shown in Exhibit B of the attached Staff Report for the
hearing date of September 22, 2009, incorporated by reference.
D. Attached: Staff Report for the hearing date of September 22, 2009.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-09-003
-2-
By action of the City Council at its regular meeting held on the ~~ day of
p~-g~_ , 2009.
COUNCIL MEMBER DAVID ZAREMBA VOTED l/~,((ti
COUNCIL MEMBER BRAD HOAGLUN VOTED U.L~
COUNCIL MEMBER CHARLIE ROUNTREE VOTED
COUNCIL MEMBER KEITH BIRD VOTED
MAYOR TAMMY de WEERD VOTED -'
(TIE BREAKER)
Mayor Ta de Weerd
\~,,,„i ~ u m n,~,
Attest: \ ,~~~ OF MERj0~9~
Jaycee H an, ity Clerk . r L ~
C.C ~~ '
~= 9p ~r tst • ~O`,,
9 ~P ,.~
Copy served upon Applicant, T(ie,~' (yp~~e~~nent, Public Works Department and City
~~n~~nn, ~„~~~~"~
Attorney.
By: Dated: l0 --f ' ~°~
I y Cle 's fice
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-09-003
3-
OOOOOSTAFF REPORT Hearing Date: September 22,
2009
TO: Mayor & City Council
FROM: Sonya Watters, Associate City Planner
208-884-5533
SUBJECT: RZ-09-003 Bainbridge
~.~Vl E IDR IAN,,,
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I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Brighton Corporation, has applied to rezone 5.02 acres of land in the Bainbridge
Subdivision from the R-8 (medium density residential) zoning district to the L-O (limited office)
zoning district.
The applicant has submitted a conceptual site plan showing how the property may develop in the
future with a church. See Section 10 of the staff report for more information.
II. SUMMARY RECOMMENDATION
Staff is recommending approval of the proposed rezone based on the Findings of Fact and
Conclusions of Law in Exhibit D with the requirement of a Development Agreement that includes the
provisions noted in Exhibit B of the staff report. Please note that the conceptual site plan is not
approved with this application. Future development will be reviewed for consistency with the design
standards listed in UDC 11-3A-19 and the guidelines in the Design Manual at the time of Certificate
of Zoning Compliance.
The Meridian Planning & Zoning Commission heard this item on August 20, 2009. At the
public hearing they moved to recommend approval of the subject RZ request.
a. Summary of Commission Public Hearing:
i. In favor: David Turnbull
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: Response to the staff report by David Turnbull
v. Staff presenting application: Sonya Watters
vi. Other staff commenting on application: Pete Friedman; Bill Parsons
b. Key Issue(s) of Discussion by Commission:
i. The safety of the proposed access to Ten Mile Road;
ii. The need for an additional access point to/from the site via Ten Mile Road.
c. Key Commission Change(s) to Staff Recommendation:
i. The Commission recommended DA provision #1.2.B pertaining to access to the site be
removed. The City Council is the only body that has the authority to waive the standards
listed in UDC 11-3A-3, Access to Streets.
d. Outstanding Issue(s) for City Council:
i. The applicant requests approval of an access point to/from the site via Ten Mile Road as
depicted on the concept plan. Note: UDC I1-3A-3 requires access points to collector &
arterial streets to be combined or limited to improve safety and access to be taken from a
local street when available; however, Council has the authority to waive this requirement.
~l dditinnally, the exi.ctirl,g D~ fnr Bairlbrid~e prohibits direct lot access to Ten Mile Road,
c3tltc~a_tluar~ ~?t~hd~c~ ttr°c~c°t ucc~c°.+~crs~ tr,~~~r•ne~r~rl I~~~ _1(~,fll.) rarral l`I~D rt~itlt the prelimiHary plat.
Bainbridge RZ PAGE 1
Approval of an access to Ten Mile Road by Council woarld also require approval by ACHD
and an amendment to the DA.
ii. A narrow strip of R-8 zoned land exists between the subject property and the out-parcel
owned by the Johnson's to the south that is not part of the subject rezone area or the
proposed final plat for this property. This piece of land is covered by an easement,
benefitting the Johnson property, to use and occupy the land. Unless a property
boundary adjustment is approved in the future to transfer this land to the Johnson's,
this area will need to be included in a subsequent plat as common area for the
subdivision. Council should determine if this area should be included in the rezone area
and subsequent final plat for the church property. This issue was discussed during the
meeting for the final plat; Mr. Wardle stated that it would be Mr. Turnbull's preference to
amend the original DA for Bainbridge to specify this area be included as anon-buildable
lot in a subsequent final plat unless combined with an adloining buildable property.)
~, ummarv of Citv Council Public Hearin:
L In favor: Mike Wardle,~David Turnbull
i~ In oRnosition: None
iii. Commenting: None
i~ Written testimony Response to the staff re o~y Mike Wardle
y~ taff presenting application: Sonya Watters
yi. Other staff commenting on an_nlication: Anna Canning
1~ ev Issues of Discussion by Council:
~ Possibility of restricting dir rt acrPCC to Ten Mile Road to a right-in/right-out access
~. Key Council Changes to Staff/Commission Recommendation
is Strike DA provision #1.2b that prohibits direct access to Ten Mile Road. City
ouncil anvroved the vronosed acce to Ten Mile Road contingent upon approval
/or any restrictions by ACHD.
1~ Strike DA provision #1.2d that requires pathway connections be provided to the site
rpm the west and south for pedestrian/cycle accessibility.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number RZ-09-
003, as presented in the staff report for the hearing date of September 22, 2009 with the following
modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Number RZ-09-003,
as presented during the hearing on September 22, 2009, for the following reasons: (You should
state specific reasons for denial of the annexation and you must state specific reason(s) for the
denial of the plat.)
Continuance
I move to continue File Number RZ-09-003 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
Bainbridge RZ PAGE 2
A. Site Address/Location:
The subject rezone area is located on the west side of N. Ten Mile Road, approximately 1/3 mile
south of W. Chinden Boulevard, in the NE '/ of Section 27, Township 4 North, Range 1 West.
B. Owner(s):
Brighton Investments, LLC
12601 W. Explorer Drive, Ste. 200
Boise, ID 83713
C. Applicant:
Brighton Corporation
12601 W. Explorer Drive, Ste. 200
Boise, ID 83713
D. Representative:
Michael D. Wardle
12601 W. Explorer Drive, Ste. 200
Boise, ID 83713
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for a rezone. A public hearing is required before the Planning & Zoning
Commission and City Council on this matter, consistent with Meridian City Code Title 11,
Chapter 5.
B. Newspaper notifications published on: August 3, and 17, 2009 (Commission); August 31, and
September 14, 2009 (City Council)
C. Notices mailed to subject property owners on: July 23, 2009 (Commission); August 28, 2009
(City Council)
D. A public service announcement was broadcast faxed on: July 23, 2009 (Commission); August 28,
2009 (City Council)
E. Applicant posted notice on site(s) on: August 10, 2009 (Commission); September 11, 2009 (City
Council
VI. LAND USE
A. Existing Land Use(s) and Zoning: The site is currently vacant and zoned R-8.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: The existing and future
character of the adjacent area is mainly residential in nature with a City park located across the
street (Ten Mile Rd.).
1. North: Vacant agricultural land, zoned RUT in Ada County
2. East: Ten Mile Road; single-family residential properties and a City park, zoned R-4
3. South: Platted but undeveloped single-family residential, zoned R-8 and rural residential
property, zoned RUT in Ada County
Bainbridge RZ PAGE 3
4. West: Platted but undeveloped single-family residential, zoned R-8
C. History of Previous Actions:
This property was annexed and zoned (AZ-OS-001) R-8 in 2005 with a development
agreement (Instrument #109061598) as part of the Bainbridge Subdivision. A preliminary
plat (PP-OS-002) consisting of 389 single-family building lots; 22 other/common lots; 1
church lot; and 1 lot consisting of 151.72 acres to be developed/re-subdivided in the future, in
proposed R-8 and L-O zones was also approved. In addition, a conditional use permit (CUP-
OS-002) was approved for a planned development consisting of single-family homes, a
future neighborhood park, and a church, with reduced minimum lot frontages,
reduced minimum lot sizes, and increased maximum block length.
D. Utilities:
1. Public Works:
a. Location of sewer: The applicant will run a service to the existing manhole in Lost
Rapids, on a temporary basis until the trunk line is extended to the existing sewer in
Black Cat. A "dry line" main will also be installed in Broadbent from the Lost Rapids
manhole to the western edge of the Bainbridge Church subdivision.
b.Location of water: Service will be from a main to be constructed in E Broadbent Dr. that
will be connected to an existing main in N Ten Mile Road.
c. Issues or concerns: The developer will be required to removed or relocated at the
developer's expense any temporary sewer services.
E. Physical Features:
Canals/Ditches Irrigation: Staff is unaware of any canals or ditches that may traverse this
property.
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: This property does not lie within a floodplain.
F. Access: One access point to Ten Mile Road and one access point to Broadbent Drive are shown
on the conceptual site plan. Please see Section IX below for more information on access.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
The subject property is designated as "Medium Density Residential (MDR)" on the Comprehensive
Plan Future Land Use Map. However, as stated in the comprehensive plan (pg. 98), the future land
use categories and their locations depicted on the future land use map are conceptual in nature. The
property directly across Ten Mile Road, and the site where a church was previously planned to
develop on the south side of Chinden within the Bainbridge development are both designated for
public/quasi-public uses. Per the comprehensive plan, church uses are included within this category.
Therefore, staff does not believe a map amendment is necessary in this case and that the requested
zoning of L-O for a church use is consistent with the public/quasi-public land use designation.
Per Chapter VII of the comprehensive plan, public/quasi-public areas are designated to preserve and
protect existing private, municipal, state, and federal lands for area residents and visitors. This
category includes churches and public lands within the Area of Impact.
The City recently adopted a Design Manual as an addendum to the Comprehensive Plan. The intent of
the Design Manual is to establish a set of guiding principles and flexible standards that encourage
creativity as opposed to mandating specific standards. Because the subject property is deemed to lie
Bainbridge KZ PAGE 4
within apublic/quasi-public designated area on the future land use map and a rezone to L-O is
proposed, the design guidelines for suburban developments apply to development of this site. Future
development of this site shall comply with these guidelines. (See Section IX, Analysis, below for more
information).
Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to
the proposed church use of this property (staff analysis in italics):
• When the City established its Area of City Impact, it planned to provide City services to the
subject property. Municipal services are available to the subject property and will be provided in
the following manner:
- Sanitary sewer and water service is available to be extended to the subject property.
- The lands are serviced by the Meridian Fire Department (MFD).
- The lands are serviced by the Meridian Police Department (MPD).
- The roadways adjacent to the subject lands are currently owned and maintained by the Ada
County Highway District (ACHD). This service will not change.
- The subject lands are currently serviced by the Joint School District #2. This service will not
change.
- The subject lands are currently serviced by the Meridian Library District. This service will
not change.
Municipal, fee-supported, services will he provided by the Meridian Building Department, the
Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater
Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary
Services Company.
• "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV,
Objective D, Action 2, page 114)
There is one direct access point to Ten Mile Road, an arterial street, and one access to the future
E. Broadbent Drive depicted on the conceptual site plan. Staff is recommending as a provision of
the rezone in the development agreement that direct access to Ten Mile Road be prohibited and
sole access to the site be provided from Broadbent Drive, consistent with the Comprehensive
Plan and UDC 11-3A-3, which requires access to be taken from a local street when available.
• "Require appropriate landscape and buffers along transportation corridor (setback, vegetation,
low walls, berms, etc.) (Chapter VII, Goal IV, Objective D, Action 5, page 114)
A 35 foot wide landscape buffer is required along N. Ten Mile Road, an entryway corridor, per
UDC Table 11-28-3. All landscaping should be installed in accordance with the standards listed
in UDC 11-3B-7C, Landscape Buffers along Streets.
• "Permit schools, churches, and other public and quasi public uses in rural areas, that are
compatible with adjacent uses." (Chapter VII, Goal I, Objective D, Action 7, page 110)
Staff believes the proposed use of the site as a church will be compatible with future and existing
residential uses in this area.
• "Require screening and buffering of commercial and industrial properties and residential use with
transitional zoning." (Chapter VII, Goal III, Objective A, Action 6, page 112)
The applicant is proposing an L-O zoning district ,for this site, which staff believes is an
appropriate transitional zone to abutting residentially zoned properties. A 20-foot wide
landscape buffer is required to be provided on L-O zoned properties as a buffer to residential
uses, in accordance with the standards listed in UDC I1-3B-9C.
Bainbridge RZ PAGE 5
~ "Require all new parking lots to provide landscaping in internal islands." (Chapter V, Goal III,
Objective D, Action 3, page 43)
The proposed conceptual site plan depicts internal islands within parking areas. All islands shall
be landscaped in accordance with the standards listed in UDC 1 l-3B-8C.
In summary, Staff believes the reg2~ested L-O zoning of the property is consistent with the
public/gatiasi public designation for this area and will be compatible with adjacent residential
uses.
VIII. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of Zone: The purpose of the commercial districts is to provide for the retail
and service needs of the community in accordance with the Meridian comprehensive plan. Six (6)
districts are designated which differ in the size and scale of commercial structures accommodated
in the district, the scale and mix of allowed commercial uses, and the location of the district in
proximity to streets and highways.
B. Schedule of Use: Unified Development Code (UDC) Table 11-2B-2 lists the permitted,
accessory, and conditional uses in the L-O zoning district. The proposed church is listed as a
principal permitted use in the proposed L-O zoning district.
C. Dimensional Standards: The site shall comply with the dimensional standards listed in UDC
Table 11-2B-3 for the proposed L-O zoning district.
D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed
in UDC 11-3B-7C and Table 11-2B-3; parking lot landscaping shall be installed in accordance
with the standards listed in UDC 11-3B-8C; landscape buffers to adjoining residential uses shall
be installed in accordance with the standards listed in UDC 11-3B-9C and Table 11-2B-3.
E. Off-Street Parking: One off-street parking space is required for every 500 square feet of gross
floor area; parking areas shall be designed in accordance with the standards listed in UDC 11-3C-
5. Additionally, one bicycle parking space is required to be provided for every 25 proposed
vehicle parking spaces, or portion thereof, in accordance with the standards listed in UDC 11-3C-
SC.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
The Applicant is requesting approval to rezone 5.02 acres of land from R-8 to L-O for a church.
Note: The UDC allows churches in the existing R-8 district as a conditional use; however,
signage is prohibited in the R-8 district. For this reason, a rezone to L-O is requested.
The subject property was designed in the preliminary plat for Bainbridge Subdivision for single-
family residential lots, however, a final plat has not been approved. A church was originally
proposed on L-O zoned property within Bainbridge on the south side of Chinden Boulevard. The
applicant is now requesting the church use be relocated to the subject property and the property
zoned accordingly. Because staff has determined that apublic/quasi-public use is
appropriate in this area and consistent with the comprehensive plan future land use map
(see Section VII above), staff is recommending a development agreement (DA) provision
that future uses on the site be limited to those qualifying as a public/quasi-public use in the
comprehensive plan. Although no development is proposed at this time, the applicant has
submitted a concept plan showing how the site is proposed to develop in the future with a church,
associated parking, access, and buffers (see Exhibit A.2).
Bainbridge RZ PAGE 6
Access: The proposed concept plan depicts one direct access to Ten Mile Road and one access to
the future E. Broadbent Drive. The UDC (11-3A-3) requires access to be taken from a local street
when available. Additionally, a goal of the comprehensive plan is to reduce curb cuts and access
points to arterial streets (page 114). For these reasons, staff is recommending a development
agreement (DA) provision that access to the site be provided from E. Broadbent Drive and
direct access to Ten Mile Road be prohibited. Further, a final plat containing the subject
property and portion of E. Broadbent Drive necessary for access to the site shall be
recorded prior to issuance of certificate of zoning compliance for any future building on this
site. The lot configuration for the subject property shall be consistent with the L-O zoning
boundary as shown in Exhibit C. Additionally, to promote pedestrian and cycle accessibility
to the site from the abutting planned residential neighborhood, staff is recommending
pathway connections be provided at the west and south property boundaries for
interconnectivity. Pedestrian connections from the residential development to this site should
also be planned for when reconfiguring the plat for the surrounding property.
Parking: Off street parking is depicted on the concept plan and shall be constructed in accordance
with the standards listed in UDC 11-3C-5; bicycle parking shall also be provided on the site in
accordance with the standards listed in UDC 11-3C-SC and 11-3C-6G.
Sidewalks: A minimum 5-foot wide detached sidewalk shall be constructed along N. Ten Mile
Road in accordance with UDC 11-3A-17C. Also construct a sidewalk along E. Broadbent Drive
consistent with UDC 1 1-3A-17.
Landscaping: Street buffer landscaping, internal parking lot landscaping, and landscape buffers to
adjoining residential uses will be required with development of this site and shall be installed in
accordance with the standards listed in the applicable sections of UDC 11-3B. Per UDC Table 11-
2B-3, a 35-foot wide street buffer is required along Ten Mile Road, an entryway corridor (the
concept plan depicts a 25-foot wide buffer). If E. Broadbent Drive is classified as a local street, a
10-foot wide buffer is required; if it is classified as a collector street, a 20-foot wide buffer is
required (a 30-foot wide buffer is depicted on the concept plan). A 20-foot wide buffer to
residential uses is required along the west and south property boundaries.
Design Review: Future development of this site is required to comply with the design standards
listed in UDC 11-3A-19 and the objectives and guidelines listed in the City's Design Manual for
suburban developments. The applicant shall subnut an application for design review concurrently
with the certificate of zoning compliance application for review and approval by the Planning
Department.
In summary, Staff is supportive of the Applicant's proposal to rezone the site to the L-O
designation and recommends that any action is solely for the rezone application and
recommended development agreement conditions and that any site plan be reviewed through the
Certificate of Zoning Compliance and Design Review. Thus, staff recommends that the
conceptual plan not be included as an exhibit in the DA.
X. EXHIBITS
A. Drawings
1. Zoning Map & Aerial Map
2. Proposed Conceptual Site Plan (dated 7/2/09)
B. Comments/Conditions of Approval
1. Planning Department
Bainbridge RZ PAGE 7
2. Public Works Department
3. Fire Department
4. Police Department
5. Parks Department
6. Sanitary Service Company
7. Ada County Highway District
C. Rezone Legal Description & Exhibit Map
D. Required Findings from Unified Development Code
Bainbridge RZ PAGE 8
A. Drawings
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EXHIBIT B: AGENCY & DEPARTMENT COMMENTS
On July 30, 2009, Planning Staff held an agency commments meeting. The agencies and
departments present include: Meridian Fire Department, Meridian Public Works Department,
Meridian Parks Department, and Sanitary Service Company. Staff has included all comments and
recommended actions in the attached Exhibit B.
1. PLANNING DEPARTMENT
1.1 The legal description and exhibit map for the proposed rezone submitted with the application
(stamped on June 24, 2009, by James R. Washburn, PLS) shows the property within the existing
corporate boundary of the City of Meridian (see Exhibit C).
1.2 A Development Agreement (DA) will be required as part of the rezone of this property. Prior to
the rezone ordinance approval, a DA shall be entered into between the City of Meridian, the
property owner(s) at the time of rezone ordinance adoption, and the developer. The Applicant
shall contact the City Attorney's Office within one year of Council approval to initiate this
process. Currently, a fee of $303.00 shall be paid by the applicant to the City Attorney's office
prior to commencement of the DA. The DA shall, at minimum, incorporate the following
provisions:
a. Future use of this site shall be limited to the proposed church and uses associated with the
church.
• ~ ,
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c. A final plat containing the subject property and portion of E. Broadbent Drive necessary for
access to the site shall be recorded prior to issuance of certificate of zoning compliance for
any future building on this site. The lot configuration for the subject property shall be
consistent with the L-O zoning boundary as shown in Exhibit C.
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e. Future development of this site shall comply with the design standards listed in UDC 11-3A-
19 and the objectives and guidelines listed in the City's Design Manual for suburban
developments. The applicant shall submit an application for design review concurrently with
the certificate of zoning compliance application for future building(s) on this site.
2. PUBLIC WORKS DEPARTMENT
2.1 All requirements of the Preliminary Plat will apply
3. FIRE DEPARTMENT
3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and
water quality by the Meridian Water Department for bacteria testing.
3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 ``/z" outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
Exhibit C Page 2
d. Fire Hydrants shall be placed on corners when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
£ Fire hydrants shall be placed 18" above finished grade to the center of the 4 ''/z" outlets.
g. Fire hydrants shall be provided to meet the requirements of the 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.
3.3 In accordance with International Fire Code Section 503.2.5, any roadway greater than 150 feet in
length that is not provided with an outlet shall be required to have an approved turn around.
Phasing of the project may require a temporary approved turn around on streets greater than 150'
in length with no outlet. Any roadway greater than 150 feet in length that is not provided with an
outlet shall be required to have an approved turn around. Phasing of the project may require a
temporary approved turn around on streets greater than 150' in length with no outlet.
3.4 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside
radius.
3.5 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and
have a clear driving surface of 20' in width capable of supporting an imposed weight of 75,000
GVW, per International Fire Code Section 503.2.
3.6 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather
surface are required to be installed before combustible construction material is brought onto the site,
as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J.
3.7 Commercial and office occupancies will require afire-flow consistent with International Fire
Code Appendix B to service the proposed project. Fire hydrants shall be placed per Appendix C.
3.8 Maintain a separation of 5' from the building to the dumpster enclosure as set forth in International
Fire Code Section 304.3.3.
3.9 Provide a Knox box entry system for the complex prior to occupancy as set forth in International Fire
Code Section 506.
3.10 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. 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).
3.14 There shall be a fire hydrant within 100' of all fire department connections as set forth in local
amendment to the International Fire Code 10-4-2K.
4. POLICE DEPARTMENT
4.1 The Police Department did not submit comments on this application.
5. PARKS DEPARTMENT
5.1 The Parks Department did not submit comments on this application.
Exhibit C Page 3
6. SANITARY SERVICES COMPANY
6.1 SSC did not submit comments on this application.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 Site Specific Conditions of Approval
This application is for a rezone only. Listed below are some of the site specific conditions of
approval that the District may require when it reviews a future development application. The
District may add additional site specific requirements when it reviews a specific redevelopment
application.
7.1.1 Dedicate 48-feet ofright-of--way from the centerline of Ten Mile Road abutting the site, OR
dedicate 38-feet ofright-of--way from the centerline of the Ten Mile Road and provide a 10-foot
wide public use easement.
7.1.2 Construct a 5-foot wide detached concrete sidewalk located a minimum of 41-feet from the
centerline of Ten Mile Road abutting the site.
7.1.3 Construct Broadbent Drive as one half of a 40-foot collector street section with vertical curb,
gutter and 5-foot wide concrete sidewalk (either 7-foot attached or 5-foot detached) on Broadbent
Drive abutting the site, plus additional pavement widening beyond the centerline established for
the street to provide a minimum 24-feet wide paved surface. Construct a 3-foot wide gravel
shoulder and a drainage Swale sized to accommodate the roadway storm runoff on the
unimproved side.
7.1.4 Construct Broadbent Drive so that the right-of--way line is at the property line and is not separated
by a landscape buffer or a common lot in order to provide access to the property to the north
when it redevelops in the future
7.1.5 Align Broadbent Drive centerline to centerline with W. Lost Rapids Drive (Silverleaf
Subdivision).
7.1.6 Driveway locations will be evaluated with a future development application.
7.1.7 Enter into a license agreement for any landscaping located with ACRD right-of--way abutting the
site.
7.1.8 Comply with all Standard Conditions of Approval.
7.2 Standard Conditions of Approval
7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way.
7.2.2 Private sewer or water systems are prohibited from being located within any ACRD roadway or
right-of--way.
7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
7.2.5 Comply with the District's Tree Planter Width Policy.
7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for
details.
Exhibit C Page 4
7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the
State of Idaho shall prepare and certify all improvement plans.
7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit
(or other required permits), which incorporates any required design changes.
7.2.9 Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
7.2.10 Payment of applicable road impact fees are required prior to building construction. The assessed
impact fee will be based on the impact fee ordinance that is in effect at that time.
7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days
prior to breaking ground within ACHD right-of-way. The applicant shall contact ACRD Traffic
Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant's authorized representative and an authorized
representative of the Ada County Highway District. The burden shall be upon the applicant to
obtain written confirmation of any change from the Ada County Highway District.
7.2.13 Any change by the applicant in the plarmed use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the Highway District of its intent to change the planned use of the subject property unless
a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect
at the time the change in use is sought.
Exhibit C Page 5
C. Legal Description & Exhibit Map
En~ineerin~ North West, LLc
10221 W. Emerald St., Suite 140 Boise, Idaho 83704 (208) 376-5000 • Fax (208) 376-5556
Project No. 09-004-01 Date: June 24, 2009
BAINBRIDGE CHURCH SUBDIVISION
L-O REZONE DESCRIPTION
A parcel of land located in the SE 1/4 of the NE 1/4 of Section 27, T 4 N., R 1 W ,
B.M., Meridian, Ada County, Idaho and being more particularly described as follows:
Commencing at the section comer common to Sections 22, 23, 26 and 27 of said
T. 4 N, R, 1 W,;
Thence South 00°20'42" West, 1511.74 feet on the section line common to said Sections
26 and 27 to the REAL POINT OF BEGINNING;
Thence continuing South 00°20'42" West, 552.78 feet on said section line to a point
(from which point the 1/4 section coiner' common to said Sections 26 and 27 bears
South 00°20'42" West, 569.14 feet);
Thence leaving said section line, North 85°4S'25" West, 405.55 feet;
Thence North 00°38'54" East, 543.10 feet to a point of curve;
Thence 217.89 feet on the az•c ofa curve to the left, said curve having a radius of 1351.00
feet, a central angle of'09°14'26" and a chord distance of 217.65 feet which bears
South 85°02'05" East;
Thetrce South 89°39'18" East, 184.82 feet to the real point of beginning.. Said parcel
contains 5.02 acres more or less,
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PREPARED
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Page 1 of 1
Exhibit C Page 6
B~-INBRIDGE SUBDIVISIVN
SECTION 27, T.4N., R.1 W., B.M.
REZONE EXHIBIT
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D. Required Findings from Unified Development Code
1. Rezone Findings:
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant an annexation
and/or rezone, the Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
The Applicant is proposing to rezone the subject property from R-8 to L-O. The City Council
finds that the proposed zoning map amendment complies with the applicable provisions of
the Comprehensive Plan.
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The City Council finds that the proposed map amendment to L-O will provide for services for
residents in this area of the city, consistent with the purpose statement for the comrrtercial
districts.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The City Council finds that the proposed zoning amendment will not be detrimental to the
public health, safety, or welfare.
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,
The City Council finds that the proposed zoning amendment will not result in any adverse
impact upon the delivery of services by any political subdivision providing services to this
site.
e. The annexation is in the best of interest of the City (UDC ll-SB-3.E).
This finding is not applicable as the applicant is requesting approval of a rezone, not
annexation.
Exhibit D