CC - PZ Recs / Staff ReportGibson Amity Property – AZ (H-2016-0036) PAGE 1
STAFF REPORT
Hearing Date: June 23, 2016
(Continued from May 5, May 19, 2016)
TO: Planning and Zoning Commission
FROM: Josh Beach, Associate City Planner
(208) 884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: H-2016-0036 – Gibson Amity Property–AZ
1. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, CLG, Inc. has submitted an application for annexation and zoning (AZ) of 5.864 acres
of land with an I-L zoning district for Gibson Amity Property.
2. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed AZ application with the conditions listed in Exhibit B,
based on the Findings of Fact and Conclusions of Law in Exhibit D.
The Meridian Planning & Zoning Commission heard these items on June 23, 2016. At the
public hearing, the Commission moved to recommend approval of the subject AZ request.
a. Summary of Commission Public Hearing:
i. In favor: Tamara Thompson
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: Tamara Thompson, Applicant’s Representative (response to the
staff report)
v. Staff presenting application: Josh Beach
vi. Other staff commenting on application: Bill Parsons
b. Key issue(s) of Public Testimony:
i. None
c. Key Issues of Discussion by Commission:
i. Timing of the architectural improvements for the buildings that will remain on site.
ii. Timing for redevelopment of the property.
iii. Condition 1.1.1C regarding cross-access to the parcel to the east and whether that is
appropriate.
iv. Removal of the existing telecommunications tower on site.
d. Commission Change(s) to Staff Recommendation:
i. Modify condition 1.1.1C to read “Reciprocal cross access to the east will be granted
when the property is annexed to the City of Meridian and is developed as a compatible
use.”
ii. Modify condition 1.1.1D and 1.1.1E to require these improvements within six(6) months
of connection to city utilities.
iii. Modify 1.1.1K to require the existing buildings to be brought up to city code and design
review within six (6) months of sewer and water connections, and that the
communications tower be removed upon annexation.
Gibson Amity Property – AZ (H-2016-0036) PAGE 2
e. Outstanding Issue(s) for City Council:
i. None
3. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to recommend approval of File
Number H-2016-0036 as presented in staff report for the hearing date of May 5, 2016 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-2016-0036 as presented in staff report for the hearing date of May 5, 2016 for the
following reasons: (You should state specific reason(s) for denial.)
Continuance
I move to continue File Numbers H-2016-0031 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location: 357 E. Amity Road (Parcel # S1131212652)
The site is generally located near the southeast corner of E. Amity and S. Meridian Roads, in the
NW ¼ of Section 31, Township 3N., Range 1E.
b. Owner/Applicant:
CLG, Inc.
P.O. Box 395
Eagle, ID 83680
c. Representative:
Tamara Thompson, The Land Group
462 E. Shore Drive, Suite 100
Eagle, ID 83616
d. Applicant's Request: Please see applicant’s narrative for this information.
5. PROCESS FACTS
a. The subject application is for annexation & zoning. A public hearing is required before the
Planning and Zoning Commission and City Council on this matter, consistent with Meridian City
Code Title 11, Chapter 5.
b. Newspaper notifications published on: April 18 and May 2, 2016 (Commission) July 4 and July
18, 2016 (Council)
c. Radius notices mailed to properties within 300 feet on: April 7, 2016 (Commission) June 30,
2016 (Council)
d. Applicant posted notice on site by: April 19, 2016 (Commission) July 8, 2016 (Council)
6. LAND USE
a. Existing Land Use(s): The subject property is currently developed with three (3) industrial
buildings.
Gibson Amity Property – AZ (H-2016-0036) PAGE 3
b. Description of Character of Surrounding Area and Adjacent Land Uses and Zoning:
1. North: E. Amity Road and property zoned RUT in Ada County
2. East: Vacant property, zoned RUT in Ada County
3. South: Vacant land, zoned R-4
4. West: A proposed storage facility, zoned I-L
c. History of Previous Actions: Gravel mining operations were approved through the County.
d. Utilities:
1. Public Works:
Location of sewer: Sanitary sewer mains to provide service to the subject site currently do not
exist.
Location of water: Water mains to provide service to the subject site currently do not exist.
Issues or concerns: The Meridian Public Works Department will be extending sanitary sewer
and water service to this area as part of planned capital projects. The water extension is
tentatively scheduled for completion the summer of 2016. Design work is underway for the
sanitary sewer, and construction will be completed by December of 2017.
e. Physical Features:
1. Canals/Ditches Irrigation: The City received comments from the Boise Project Board of
Control that the Watkins Drain traverses the property and is contained in a 100-foot easement.
2. Hazards: A 75-foot easement for the Williams-Northwest Pipeline Corporation transverses the
property from the northwest corner to the southeastern corner. The Northwest Pipeline is a
natural gas pipeline that serves as a primary artery for the transmission of natural gas to the
Pacific Northwest and Intermountain Region. Those properties impacted by the easement must
adhere to the standards in the developer handbook provided by the gas company.
3. Flood Plain: This property is not within the floodplain overlay district.
7. COMPREHENSIVE PLAN POLICIES AND GOALS
The subject property is designated Mixed Use–Non Residential (MU-NR) on the Comprehensive
Plan Future Land Use Map (FLUM).
The purpose of the MU-NR designation is to set aside areas where new residential dwellings will
not be permitted, as residential uses are not compatible with the planned and/or existing uses in
these areas. The City envisions a wide variety of non-residential land uses may occur in the MU-
NR areas. See pages 30-31 in the Comprehensive Plan for more information.
Mixed use designations provide for a combination of compatible land uses within a close
geographic area that allows for easily accessible services for residents and the workers. The intent
of this designation is to promote developments that offer functional and physical integration of
land uses while allowing developers a greater degree of design and use flexibility.
In reviewing development applications, the following items will be considered in MU-NR
areas:
No new residential uses will be permitted (existing residential will be allowed to remain
and expand accessory structures).
Development is not required to comply with the items listed for development in all Mixed
Use areas.
Gibson Amity Property – AZ (H-2016-0036) PAGE 4
All developments should have a mix of at least two types of land uses.
Where mixed use developments are phased, a conceptual site plan for the entire mixed
use area is encouraged.
In developments where multiple commercial and/or office buildings are proposed, the
buildings should be arranged to create some form of common, usable area, such as a
plaza or green space.
A transitional use is encouraged on the perimeter of the MU-NR areas between any
existing or planned residential development.
Community facilities such as a hospital, school, park, daycare, civic building or public
safety facilities are encouraged in larger developments.
All retail and service commercial components of projects should be directly accessible to
neighborhoods within the section by both vehicles and pedestrians.
Street sections consistent with the Ada County Highway District Master Street Map are
required within the Unified Development Code.
There is neither a minimum nor maximum imposed on non-retail commercial uses such
as office, food service/restaurants, industry or warehouse uses.
Sample uses, appropriate in MU-NR areas would include: employment centers, professional
offices, flex buildings, warehousing, industry, storage facilities and retail, and other appropriate
non-residential uses. Appropriate zoning districts include: C-G, C-C, L-O, I-L and I-H.
Gibson Amity Property – AZ (H-2016-0036) PAGE 5
The applicant proposes to annex the site with an I-L zoning district which is an appropriate
zoning district for an MU-NR designated area. The site is proposed to develop with industrial
uses, specifically a contractor’s yard. This project is part of a larger MU-NR area, so staff does
envision a mix of uses to develop in the area.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply
to the proposed development (staff analysis in italics):
“Compose and implement standards and mitigation measures for development near the
northwest Pipeline and the liquefied natural gas tank in northwest Meridian.” (6.05.01I)
A 75-foot easement for the Williams-Northwest Pipeline Corporation transverses the
property from the northwest corner to the south eastern corner. The Northwest Pipeline is a
natural gas pipeline that serves as a primary artery for the transmission of natural gas to the
Pacific Northwest and Intermountain Region. Those properties impacted by the easement
must adhere to the standards in the developer handbook provided by the gas company. Any
improvements and construction within the easement area will require the review and
approval of the gas company prior to the commencement of any construction.
“Require appropriate landscaping and buffers along transportation corridors (setback,
vegetation, low walls, berms, etc.).” (3.06.02F)
The subject property abuts E. Amity Road on the north and is classified as an arterial road
and requires a 25 foot landscape buffer. The buffer must be landscaped in accord with the
standards listed in UDC 11-3B-7C.
“Require pedestrian access connectors in all new development to link subdivisions together to
promote neighborhood connectivity as part of a community pathway system.” (3.03.03B)
A multi-use pathway is required along the south side of E. Amity Road in accord with the
City’s Masters Pathway Plan..
“Ensure development provides safe routes and access to schools, parks and other community
gathering places.” (3.07.02N)
A 10-foot wide multi-use pathway is required along the north boundary of this site within the
landscape buffers along E. Amity Road per UDC 11-3H-4C.4. Mary McPherson Elementary
School is a little over 1/3 of a mile to the east of the subject property.
“Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D)
The applicant is requesting one full access driveway onto E. Amity Road. Staff is requiring a
cross-access agreement with the property to the east in order to reduce access points onto E.
Amity Road. The UDC (11-3A-3A) requires access to be taken from a local street when
available; however, there is no local street access available for this parcel.
The city did not require cross-access to the property to the west, but if the property ever
develops with something other than a storage facility, staff wants to preserve the connectivity.
“Develop alternative modes of transportation through pedestrian improvements, bicycle
lanes, off-street pathways, and transit-oriented development as appropriate.” (3.03.03D)
A 10-foot wide multi-use pathway is required to be provided along E. Amity Road per the
City's Pathways Master Plan. This pathway will allow for alternative modes of transportation
such as pedestrian and bicycle.
Gibson Amity Property – AZ (H-2016-0036) PAGE 6
“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)
Services are not scheduled to be at the proposed site until the water and sewer extension
projects are completed, summer of 2016 and December of 2017 respectively.
“Locate industrial and commercial uses where adequate water supply and water pressure are
available for fire protection.” (3.04.02A)
Water is not available to the site, and will not be until late summer of 2016.
“Coordinate with public works, police, and fire departments on proposed annexation and
development requests, and the impacts on services. “ (3.04.01H)
Staff received comments from the above mentioned departments on this annexation. Public
works indicated that the property was not scheduled to receive utilities until the water and
sewer extension projects were completed. The water extension will be complete in the
summer of 2016, and the Sewer extension will be complete December 2017.
“Work with transportation agencies and private property owners to preserve transportation
corridors, future transit routes and infrastructure, road and highway extensions, and to
facilitate access management planning; use COMPASS' Access Management Toolkit.”
(3.01.01J)
ACHD Staff recommends the applicant be required to dedicate 48-feet of right-of-way from
centerline of Amity Road abutting the site. That means that the applicant will be required to
widen Amity Road to 17-feet of pavement from centerline with 3-foot wide gravel shoulders
abutting the site.
The submitted concept plan for the site does not take into account the additional ROW
required by ACHD. The applicant shall take the additional ROW required by ACHD when
they apply for the certificate of zoning compliance for the site.
Staff is of the opinion that the proposed use is generally consistent with the Comprehensive Plan and
the surrounding uses based on the analysis above if the developed in accord with the recommended
provisions of the prosed development agreement in Exhibit B.
8. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of Zone: The purpose of the I-L district is to provide for convenient
employment centers of light manufacturing, research and development, warehousing, and
distributing. In accord with the Meridian Comprehensive Plan, the I-L district is intended to
encourage the development of industrial uses that are clean, quiet and free of hazardous or
objectionable elements and that are operated, entirely, or almost entirely, within enclosed
structures. Accessibility to transportation systems is a requirement of this district.
B. Schedule of Use: Unified Development Code (UDC) Table 11-2C-2 lists the principal permitted,
accessory, conditional, and prohibited uses in the I-L zoning district. The proposed contractor’s
yard is a principally permitted use in the I-L zoning district; compliance with the specific use
standards listed in UDC 11-4-3-8 for the use is also required.
C. Dimensional Standards: Development of the site shall comply with the dimensional standards
listed in UDC Table 11-2C-3 for the proposed I-L zoning district.
D. Landscaping: Landscaping is required to be installed on the site in accord with the parking lot
Gibson Amity Property – AZ (H-2016-0036) PAGE 7
standards listed in UDC 11-3B-8C, street buffer standards listed in UDC 11-3B-7C in accord with
UDC Table 11-2C-3..
E. Off-Street Parking: UDC 11-3C-6B requires 1 space for every 2,000 square feet of gross floor
area.
F. Structure and Site Design Standards: Development of this site must comply with the design
standards in accord with UDC 11-3A-19 and the guidelines listed in the City of Meridian
Architectural Standards Manual.
9. ANALYSIS
Analysis of Facts Leading to Staff Recommendation:
1. AZ: The applicant requests annexation and zoning of 5.864 acres of land with an I-L zoning
district, consistent with the MU-NR land use designation.
The legal description submitted with the application, included in Exhibit C, shows the boundaries
of the property proposed to be annexed and rezoned. The property is contiguous to land that has
been annexed into the City and is within the Area of City Impact boundary.
The City may require a development agreement (DA) in conjunction with an annexation pursuant
to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this
application, staff recommends a DA as a provision of annexation with the conditions included in
Exhibit B.
Concept Plan: A concept plan was submitted, included in Exhibit A.2 that depicts the two (2)
industrial buildings (one approximately 16,500 square feet and the other 15,000 square feet) and
associated site/landscape improvements. The three (3) will remain and operate as a contractor’s
yard.
Cross access is required to the property to the east in accord with UDC 11-3A-3. Cross access is
only required to the property to the west if that property develops with something other than a
storage facility.
ACHD Comments:
1. Staff recommends the applicant should be required to dedicate 48-feet of right-of-way
from centerline of Amity Road abutting the site. Amity Road is planned as a 5-lane
arterial roadway in the Capital Improvement Plan (CIP) and is impact fee eligible.
2. The applicant should be required to widen Amity Road to 17-feet of pavement from
centerline with 3-foot wide gravel shoulders abutting the site.
3. The applicant should be required to construct 5-foot wide concrete sidewalk a minimum
of 41-feet from centerline of Amity Road abutting the site. If sidewalk is placed in an
easement, the permanent right-of-way easement shall encompass the entire area between
the right-of-way line and 2-feet behind the back edge of the sidewalk.
The site plan submitted with the certificate of zoning compliance should take into account
the above mentioned requirements of ACHD.
The applicant is requesting to delay the connection to City utilities until such as utilities are
available for connection. Based on discussions with the Public Works Department, the public
utilities will be extending to this area as part of planned capital projects. The water extension is
tentatively scheduled for completion the summer of 2016.
Gibson Amity Property – AZ (H-2016-0036) PAGE 8
Design work is underway for the sanitary sewer, and construction will be completed by
December of 2017. Utility connections to the site are contingent on these extension plans. The
DA will restrict the site from being developed until the services are available, unless the Council
allows the applicant to move forward with a contractor’s yard prior to completion of the utility
extension.
Contractor’s Yard: The specific use standards for the contractor’s yard listed in UDC 11-4-3-8
apply to development of this site as follows:
A. All structures or outdoor storage areas shall be located a minimum of one hundred feet
(100') from any residential district.
The site abuts a residential district on the south boundary. This site is owned by the City for
purposes of developing a future water reservoir site; therefore this requirement is not applicable.
B. Outdoor storage areas shall comply with section 11-3A-14, "Outdoor Storage As An
Accessory Use", of this title.
The applicant shall comply with this requirement.
C. The site shall not be used as a junkyard or vehicle wrecking yard as herein defined.
The applicant shall comply with this requirement.
Outdoor Storage as an Accessory Use: The applicant will need to comply with the standards for
outdoor storage areas as set forth in UDC 11-3A-14 as stated above. The UDC requires that the
construction yard be completely screened from using a solid fencing material.
Staff recommends a minimum 20-foot wide driveway with a minimum 5-foot wide
pathway/sidewalk is provided from the proposed site to the property to the east. This will
enhance interconnectivity between the site and the future development of the adjacent
property.
Landscaping: A 25 foot landscape buffer is required along E. Amity Road. The landscape buffer
is required to be landscaped in accordance with UDC 11-3B-7C. The unimproved right-of-way
adjacent to Amity Road must be landscaped in accord with UDC 11-3B-7C.5. All parking lot
landscaping must comply with UDC 11-3B-8C. The landscape plan submitted with the certificate
of zoning compliance application must comply with these standards
Multi-use Pathway: The City's Pathways Master Plan indicates a multi-use pathway crossing the
subject property within the pipeline easement. Because the easement bisecta at an angle and the
applicant is prosing to operate a contractor’s yard from the site, both Planning and Parks staff
believethe 10-foot multi-use pathway is better suited along south side of E. Amity Road, in lienu
of a 5-foot wide deatched sidewalk. Therefore, staff recommends that the a10-foot multi-use
pathway The developer shall provide a 10 foot wide sidewalk/pathway across its Amity Road
frontage. A public pedestrian pathway easement shall be provided for the required
sidewalk/pathway. The pathway should be detached from the future curb and have landscaping
between the curb and pathway. The applicant should also coordinate and receive approval from
ACHD on the construction of the pathway adjacent to Amity Road.
Parking: Per UDC 11-3C-6B, in commercial districts, one off-street parking space is required
per 2,000 square feet of gross floor area. Based on the total square footage of structures on the
site (31,500 s.f.), 16 parking stalls are required. Additionally, per UDC 11-3C-6G, one bicycle
parking space is required to be provided for every 25 vehicle spaces proposed on the site, in
compliance with the standards listed in UDC 11-3C-5C.
Gibson Amity Property – AZ (H-2016-0036) PAGE 9
Industrial Zoning: All buildings in the I-L zoning district are required to be set back 35 feet
from the street per UDC 11-2C-3.
Williams Pipeline: A 75-foot easement for the Williams-Northwest Pipeline Corporation
transverses the property from the northwestern corner to the southeastern corner. The Northwest
Pipeline is a natural gas pipeline that serves as a primary artery for the transmission of natural gas
to the Pacific Northwest and Intermountain Region. Those properties impacted by the easement
must adhere to the standards in the developer handbook provided by the gas company. Any
improvements and construction within the easement area will require the review and approval of
the gas company prior to the commencement of any construction.
Building Elevations: Structures within the proposed development that are visible from the street
or abutting properties are required to comply with the design review standards set forth in UDC
11-3A-19 and the guidelines contained in the Meridian Design Manual.
Elevations were not provided with the subject application. Any new buildings are subject to the
City’s Architectural Standards Manual. The site is developed with three existing buildings and
staff is requiring the existing buildings brought into compliance with our current design standards
or removed from the property.
Certificate of Zoning Compliance (CZC) and Design Review (DES): A CZC application is
required to be submitted prior to issuance of building permits. The applicant is required to obtain
approval of a design review application for the proposed structures and site design. This
application may be submitted concurrently with the CZC application. The applicant must comply
with the design standards listed in UDC 11-3A-19 and the guidelines contained in the City of
Meridian Architectural Standards Manual.
Waterways: The Watkins Drain lies within the boundaries of the proposed annexation, and there
is a 50 foot easement from center of the drain in both directions. The applicant is required to meet
the requirements of the Boise Project Board of Control. The site plan sumitted with the CZC
application must depict the location of the easement.
In summary staff finds the proposed project complies with the future land use map and applicable
policies of the Comprehensive plan and the UDC with the conditions of approval listed in Exhibit
B. Based on the aforementioned analysis, staff recommends approval of the subject application.
10. EXHIBITS
A. Drawings
1. Vicinity Map
2. Proposed Concept Plan (dated: 03/14/16)
3. Proposed Elevations
B. Conditions of Approval
1. Planning Division
2. Public Works Department
3. Fire Department
4. Police Department
5. Parks Department
6. Republic Services
7. Ada County Highway District
Gibson Amity Property – AZ (H-2016-0036) PAGE 10
8. Boise Project Board of Control
C. Legal Description and Exhibit Map
D. Required Findings from Unified Development Code
Gibson Amity Property – AZ (H-2016-0036) PAGE 20
A. Drawings
1. Vicinity/Zoning Map
Gibson Amity Property – AZ (H-2016-0036) PAGE 21
2. Proposed Concept Plan (dated: 03/14/16)
Gibson Amity Property – AZ (H-2016-0036) PAGE 22
B. Conditions of Approval
1. PLANNING DIVISION
1.1.1 A Development Agreement (DA) is required as a provision of annexation and zoning of this
property. Prior to annexation ordinance approval, a DA shall be entered into between the City of
Meridian, the property owner(s) at the time of ordinance adoption, and the developer.
Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to
commencement of the DA. The DA shall be signed by the property owner and returned to the
Planning Division within six (6) months of the City Council granting annexation, approved by
City Council and recorded. The DA shall, at minimum, incorporate the following provisions:
a. Future development of the site shall be consistent with the design standards listed in UDC 11-
3A-19 and the guidelines in the City of Meridian Architectural Standards Manual.
b. Development of this property shall substantially comply with the concept plan included in
Exhibit A.2.
c. The developer shall record a cross-access agreement to both western and eastern property
lines (Parcel #’s S1131223012 and S1131212400) in order to accommodate future
interconnectivity between the subject property and the future uses.
d. A minimum 25-foot landscape buffer shall be provided along E. Amity Road within six (6)
months of connection to city utilities. The landscape buffer shall be landscaped in accord
with the standards listed in UDC 11-3B-5 and 11-3B-7C.
e. Within six (6) months of connection to city utilities, the applicant shall install Aall
landscape and frontage improvement associated with the site including a 10-foot wide multi-
use pathway along the north boundary of this site within the landscape buffer along E. Amity
Road.
f. Any development of land containing the 75-foot wide gas line easement must comply with
the Northwest Pipeline Development Guidelines. An encroachment permit is required for any
improvements proposed within the pipeline easement.
g. Any future development of the site must comply with the City of Meridian ordinances in
effect at the time of development.
h. Applicant shall be responsible for the physical connection to the sanitary sewer and water
systems, and the payment of all associated expenses, including sanitary sewer and water
assessment, and meter charges within 60-days of each individual utility being available per
MCC 9-1-4 and MCC 9-4-8.
i. The applicant shall comply with the standards set forth in UDC 11-3A-14 regarding outdoor
storage as an accessory use.
j. All easements must be shown on the site plan submitted with the Certificate of Zoning
Compliance Application.
k. A Certificate of Zoning Compliance and Design Review application is required to be
submitted and approved for the proposed use, exterior modifications to the existing structures
and site design (parking, landscaping, paving, etc.) prior to issuance of building permits. Any
structures proposed to remain on the site shall also be designed to comply with said standards
and shall be brought up to code to meet the requirements of the UDC and the
Gibson Amity Property – AZ (H-2016-0036) PAGE 23
Architectural Standards Manual within six (6) months of utilities being available to the
parcel. The applicant shall remove the telecommunications tower upon annexation into
the city.
l. The site plan submitted with the Certificate of Zoning Compliance application for this site
shall take into consideration the ultimate right-of-way for E. Amity Road per the Master
Street Map in regard to sidewalk, street buffer and building locations as well as the Williams
Pipeline easement and the Watkins Drain easement.
2. PUBLIC WORKS DEPARTMENT
2.1 SITE SPECIFIC CONDITIONS OF APPROVAL
2.1.1 Sanitary sewer and water services are currently not available to the subject site. The Meridian
Public Works Department will be extending sanitary sewer and water service to this area as part
of planned capital projects. The water extension is tentatively scheduled for completion the
summer of 2016. Design work is underway for the sanitary sewer, and construction will be
completed by December of 2017.
2.1.2 Applicant shall be responsible for the physical connection to the sanitary sewer and water
systems, and the payment of all associated expenses, including sanitary sewer and water
assessment, and meter charges within 60-days of each individual utility being available per MCC
9-1-4 and MCC 9-4-8.
3. FIRE DEPARTMENT
3.1 The Fire Department has no concerns related to this application.
4. POLICE DEPARTMENT
4.1 The Police Department has no concerns related to this application.
5. PARKS DEPARTMENT
5.1 The City's Pathways Master Plan indicates a multi-use pathway crossing the subject property within
the pipeline easement. The developer shall provide a 10 foot wide sidewalk/pathway across its Amity
Road frontage. A public pedestrian pathway easement shall be provided for the required
sidewalk/pathway.
6. REPUBLIC SERVICES
6.1 Republic Services did not provide comments on this application.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 Site Specific Conditions of Approval
7.1.1 Dedicate 48-feet of right-of-way from centerline of Amity Road abutting the site. Dedication is
impact fee eligible.
7.1.2 Widen Amity Road to 17-feet of pavement from centerline with 3-foot wide gravel shoulders
abutting the site.
7.1.3 Construct 5-foot wide concrete sidewalk a minimum of 41-feet from centerline of Amity Road
abutting the site. If sidewalk is placed in an easement, the permanent right-of-way easement shall
Gibson Amity Property – AZ (H-2016-0036) PAGE 24
encompass the entire area between the right-of-way line and 2-feet behind the back edge of the
sidewalk.
7.1.4 Pave the existing driveway its entire width and at least 30-feet into the site beyond the edge of
pavement of the roadway. If a gate is to be installed within the driveway, it should be located a
minimum of 50-feet from the edge of the right-of-way.
7.1.5 A Traffic Impact Fee will be assessed by ACHD and will be due prior to issuance of a building
permit. Please contact the ACHD Planner (see below) for information regarding impact fees.
7.1.6 Plans shall be submitted to the ACHD Development Review Department for plans acceptance, and
impact fee assessment (if an assessment is applicable).
7.1.7 Comply with the Standard Conditions of Approval as noted below.
7.2 Standard Conditions of Approval
7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all
easements). Any existing irrigation facilities shall be relocated outside of the ACHD right -of-way
(including all easements).
7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the
ACHD right-of-way.
7.2.3 In accordance with District policy, 7203.6, the applicant may be required to update any existing
non-compliant pedestrian improvements abutting the site to meet current Americans with
Disabilities Act (ADA) requirements. The applicant’s engineer should provide documentation of
ADA compliance to District Development Review staff for review.
7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
7.2.5 A license agreement and compliance with the District’s Tree Planter policy is required for all
landscaping proposed within ACHD right-of-way or easement areas.
7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days
prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic
Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for
details.
7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC
Standards and approved supplements, Construction Services procedures and all applicable ACHD
Standards unless specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans.
7.2.10 Construction, use and property development shall be in conformance with all applicable
requirements of ACHD prior to District approval for occupancy.
Gibson Amity Property – AZ (H-2016-0036) PAGE 25
7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant’s authorized representative and an authorized
representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of
any change from ACHD.
7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site
plan and may require additional improvements to the transportation system at that time. Any
change in the planned use of the property which is the subject of this application, shall require the
applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time
unless a waiver/variance of the requirements or other legal relief is granted by the ACHD
Commission.
8. BOISE PROJECT BOARD OF CONTROL
8.1 Project easements must be called out on any future preliminary and final plats
8.2 Fencing (as may be required) must be constructed just off the Project facility easement.
8.3 The Boise Project does not approve landscaping (other than grass) within its easements.
8.4 Parking lots, curbing, light poles, sign, etc. and the placing of asphalt and/or cement over Project
facility easements must be approved by Boise Project Board of Control prior to construction.
8.5 The construction of any roadway crossings must be conducted only during the non-irrigation
season when the lateral is dewatered. In any case no work shall take place within the easement
before the proper crossing agreements have been secured through the Bureau of Reclamation and
the Boise Project Board of Control.
8.6 Utilities planning to cross any project facility in order to service this development must do so in
accordance with the master policies now held between the Bureau of Reclamation and most of the
utilities. In any case no work shall take place within the easement before proper crossing
agreements have been secured through both the Bureau of Reclamation and Boise Project Board
of Control.
8.7 Storm drainage and/or Street Runoff must be retained on site.
8.8 Local irrigation/drainage ditches that cross this property, in order to serve neighboring properties,
must remain unobstructed and protected by an appropriate easement.
8.9 Whereas this development is in its preliminary stages, Boise Project Board of Control reserves
the right to review plans and require changes when our easements and/or facilities are affected by
unknown factors.
Gibson Amity Property – AZ (H-2016-0036) PAGE 26
C. Legal Description and Exhibit Map
Gibson Amity Property – AZ (H-2016-0036) PAGE 27
Gibson Amity Property – AZ (H-2016-0036) PAGE 28
D. Required Findings from Unified Development Code
1. Annexation & Zoning 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;
Commission finds the proposed annexation with the I-L zone is consistent with the
proposed MU-NR future land use designation.
b. The map amendment complies with the regulations outlined for the proposed
district, specifically the purpose statement;
Commission finds that the proposed map amendment to the I-L zoning district is
consistent with the purpose statement of the industrial districts and the proposed uses will
provide a needed service to area residents.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
Commission finds that the proposed zoning amendment will not be detrimental to the
public health, safety, or welfare if the applicant complies with conditions outlined in this
report. However, Commission recommends that the 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,
Commission 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).
Per the above findings, Commission feels the proposed annexation is in the best interest
of the City if the applicant enters into a development agreement and complies with all
recommended DA provisions in Exhibit B.