Loading...
CC - Staff ReportBainbridge Franklin – AZ PAGE 1 STAFF REPORT Hearing Date: August 21, 2018 TO: Mayor & City Council FROM: Josh Beach, Associate City Planner (208) 884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2018-0057 – Bainbridge Franklin – AZ 1. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Steve Bainbridge has submitted an application for annexation and zoning (AZ) of 3.68 acres of land with a C-G zoning district. 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 July 12, 2018. At the public hearing, the Commission moved to recommend denial of the subject annexation and zoning request. a. Summary of Commission Public Hearing: i. In favor: Shawn Nickel (Applicant’s representative) ii. In opposition: None iii. Commenting: None iv. Written testimony: None 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. The request to keep the existing buildings and not connect them to city utilities. ii. The request to keep the structures on the property on septic and well with a 5-year sunset. iii. Why the rush to annex without a proposed use for the property? d. Commission Change(s) to Staff Recommendation: i. None e. Outstanding Issue(s) for City Council: i. None 3. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2018- 0057 to City Council as presented in staff report for the hearing date of August 21, 2018 with the following modifications: (Add any proposed modifications.) Bainbridge Franklin – AZ PAGE 2 Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0057 to City Council as presented in staff report for the hearing date of August 21, 2018 for the following reasons: (You should state specific reason(s) for denial.) Continuance I move to continue File Numbers H-2018-0057 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: 2075 and 2155 W. Franklin Road. The site is located in the NE ¼ of Section 14, Township 3N., Range 1W. b. Owner/Applicant: Steve Bainbridge 2576 W. Piazza Drive Meridian, ID 83646 c. Representative: Shawn L. Nickel, SLN Planning P. O. Box 1595 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 and 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: June 22, 2018 (Commission); August 3, 2018 (Council) c. Radius notices mailed to properties within 300 feet on: June 15, 2018 (Commission); July 26, 2018 (Council) d. Applicant posted notice on site by: June 29, 2018 (Commission); August 9, 2018 (Council) 6. LAND USE a. Existing Land Use(s): The subject property consists of rural residential land; zoned R1 in Ada County. b. Description of Character of Surrounding Area and Adjacent Land Uses and Zoning: North: Industrial property, zoned I-L East: Twelve Oaks Villas, zoned C-C and TN-R South: Vacant commercial property, zoned C-C West: Vacant commercial property, Zoned C-C c. History of Previous Actions: None d. Utilities: 1. Public Works: Location of sewer: A sanitary sewer main intended to provide service to the proposed Bainbridge Franklin – AZ PAGE 3 development currently exists adjacent to the parcel in W. Franklin Road. Location of water: A water main intended to provide service to the proposed development currently exists adjacent to the parcel in W. Franklin Road. Reclaimed Water: A reclaimed water intended to provide service to the proposed development currently exists adjacent to the parcel in W. Franklin Road. Issues or concerns: None. e. Physical Features: 1. Canals/Ditches Irrigation: The Vaugh Lateral runs adjacent to the south side of the property. 2. Hazards: Staff is unaware of any hazards that may exist on the site. 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 – Commercial (MU-COM) on the Comprehensive Plan Future Land Use Map (FLUM). MU-C designated areas are intended for the development of a mix of office, retail, recreational, employment and other miscellaneous uses, with supporting multi-family or single-family attached residential uses. The horizontal and vertical integration of residential uses is also essential in this area. This designation requires developments to integrate the three major use categories: residential, commercial, and employment. In MU-C areas, 3 more significant uses also tend to be larger scale projects. Traditional neighborhood design concepts with a strong pedestrian- oriented focus are essential. Development should exhibit quality building and site design and an attractive pedestrian environment with a strong street character. An overall target density of 8 -12 dwelling units (d.u.) per (/) acre is desired, with higher densities allowed in individual projects. No more than 30% of the ground level development within the MU-C designation should be used for residences. (See pg. 3-9 for more information.) While not necessarily the burden of this application, it should be understood that cumulative changes to this area of the TMISAP have occured, east of Ten Mile Road.The cumulative changes have resulted in an increase in more commercial property and less residential densities than originally evisoned for the area. The most recent being, the Calnon project that was approved in 2015, which changed the Comprehensive Plan designation on the south and west boundaries of this property from Medium-High Density Residential to Mixed Use Commercial. Because the adjacent property is a much larger parcel, staff anticipates a mix of employment, retail and other residential uses developing on this property. The recorded development agreement requires a more detailed concept plan that demonstrates compliance with the MU-C land use designation.. For these reasons, full compliance with the TMISAPis not achievable , so in order to ensure compliance/consistency with adjacent developments, staff recommends that the applicant apply for a development agreement modification with a revised concept plan once an end-user is identified and prior to approval of their first certificate of zoning compliance for the property. The applicant proposes to annex the site with a C-G zoning district which is an appropriate zoning district for an MU-COM designated area. The site is proposed to develop with seven (7) commercial pad sites. Bainbridge Franklin – AZ PAGE 4 This project is part of a larger MU-COM, so staff does envision a mix of uses developing in the area. The properties to the east are the same mixed us commercial designation and with the increased residential uses in the area, additional commercial uses may be required to serve those use. There is a mix of commercial and industrial near the intersection of Franklin and Linder Roads and a multi-family development is approved for the parcel immediately to the east of the subject property. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics):  “Plan for a variety of commercial and retail opportunities within the Impact Area.” (3.05.01J) With the increase of residential units in the area, the proposed commercial project will contribute to the variety of uses in this part of the city.  “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) The proposed development is contiguous to annexed parcels and city services are available. 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 conditions of approval in this report. 8. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zone: The purpose of the C-G district is to provide for the retail and service needs of the community in accordance with the Meridian Comprehensive Plan. B. Schedule of Use: Unified Development Code (UDC) Table 11-2B-2 lists the principal permitted, accessory, conditional, and prohibited uses in the C-G zoning district. The proposed commercial development is a principally permitted use in the C-G zoning district. C. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in UDC Table 11-2B-3 for the proposed C-G zoning district. D. Landscaping: Per UDC 11-3B-9, a 25-foot landscape buffer is required adjacent to the multi- family development along the east boundary. Per UDC 11-2B-3 and 11-3B-7, a 25 foot landscape buffer is required along W. Franklin Road. E. Off-Street Parking: As proposed, there is no off-street parking required or proposed for this project. 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 Architectural Standards Manual (ASM). 9. ANALYSIS Analysis of Facts Leading to Staff Recommendation: 1. AZ: The applicant requests annexation and zoning of 3.68 acres of land with a C-G zoning district, consistent with the MU-COM land use designation. Bainbridge Franklin – AZ PAGE 5 The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed. 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 and recommended by staff with this application, staff recommends a DA is required as a provision of annexation with the provisions included in Exhibit B as follows:  Prior to any development occurring on the subject property, the applicant shall modify the development agreement to include a more detailed conceptual development plan for the site that is consistent with the MU-C land use designation. A mix of uses from each major use category (i.e. commercial, residential, employment) shall be provided as set forth in the Ten Mile Interchange Specific Area Plan (TMISAP). No more than 30% of the ground level development within the MU-C designation shall be used for residences.  The existing structures shall be removed from the site immediately upon annexation.  Future development of this site shall be consistent with the land use, transportation and design elements contained in the Ten Mile Interchange Specific Area Plan (TMISAP) and the design standards in effect at the time of Certificate of Zoning Compliance application.  A cross-access/ingress-egress easement(s) shall be granted to the property to the west (parcel #S1214120710) and to the property to the east (parcel #R8580480020) via a note on the plat and/or a separate recorded agreement prior to signature on the final plat by the City Engineer. Cross-access shall also be granted between future lots within this development as applicable.  Sidewalks shall be provided internally along one side of all major drive aisles for pedestrian connectivity within the development. Conceptual site plan: A site plan was submitted, included in Exhibit A.2 that depicts seven (7) commercial pad sites. The design of the site should comply with the design review standards listed in UDC 11-3A-19 and the guidelines contained in the Architectural Standards Manual. The applicant is also proposing to provide a cross access to the Twleve Oaks multi-family project to the east. Staff is also recommending that the applicant provide a cross-acces eeasement to the west as well. Staff has the following comments on the proposed conceptual plan: 1. The conceptual site plan does not show reflect the required 25 foot buffer along the east boundary of the project. This requirement will impact the layout of the site. 2. The parking located immediately as you enter the parcel from Franklin should be eliminated as to not cause traffic problems with vehicles entering the development. Landscaping: A landscape plan was not submitted with this application. There is a 25-foot landscape buffer required adjacent to the multi-family project (12 Oaks) that is adjacent to the east side of this property; and a 25 foot landscape buffer is required along the Franklin Road frontage. Existing building/uses: All of the existing buildings on the site shall be removed and any existing business located on the property shall cease immediately upon annexation. Parking: Based on the conceptual site plan, there will be approximately 40,600 square feet. Per UDC 11-3C-6 one parking space is required per 500 s.f. of building area. In this case, that Bainbridge Franklin – AZ PAGE 6 amounts to 82 required parking spaces. The conceptual site plan as contains 115 parking spaces, which is in compliance with UDC requirements. Access: Direct access to W. Franklin Road is proposed for the development. As mentioned above, the multi-family project to the east provided cross-access to this site, so this project will be required to reciprocate that cross-access easement. The cross access will provide increased access in the area. Permitted Uses: Staff feels that limiting the allowable uses on the property is prudent due to the potential for uses that would adversely impact the surrounding residential uses. Staff recommends that only those uses designated as permitted in UDC11-2B-2 be allowed with additional restriction from Arts, entertainment or recreation facility, outdoor, Dispatch center for mobile service, Recreational vehicle park, Vehicle repair minor, Vehicle sales or rental and service, Vehicle washing facility, Wireless communication facility, Wireless communication facility, amateur radio antenna and that drinking establishments be allowed through a conditional use permit. Utilities: Sanitary sewer service to the proposed development will only be needed for the manager’s office adjacent to N. Ten Mile Road, and therefore no new mainlines will be needed. Though sewer is not required for this portion of the Stor-It facility, water is required. The property to the north was recently approved as a self-storage facility, and with that, staff required that applicant to stub water to the south property line. The applicant will need to coordinate with that property owner and public works to construct water mains to and through the project from the existing mainline in N. Ten Mile Road. 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 Architectural Standards Manual. Building materials for the proposed structures appear to be a mixture of stucco and stone with a mixture of roofing styles. 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 for the self- service storage facility. 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 Architectural Standards Manual. 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. Bainbridge Franklin – AZ PAGE 7 10. EXHIBITS A. Drawings 1. Vicinity Map 2. Conceptual Site Plan (dated: 5/16/2018) 3. Proposed Elevations B. Conditions of Approval C. Legal Description and Exhibit Map D. Required Findings from Unified Development Code Bainbridge Franklin – AZ PAGE 20 A. Drawings 1. Vicinity/Zoning Map Bainbridge Franklin – AZ PAGE 21 2. Conceptual Site Plan (NOT APPROVED) (dated: 5/16/2018) Bainbridge Franklin – AZ PAGE 22 3. Proposed Elevations Bainbridge Franklin – AZ PAGE 23 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. A Certificate of Zoning Compliance application will not be accepted until the ordinance and development agreement are recorded. 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 (or any updated versions thereof). b. Any future development of the site must comply with the City of Meridian ordinances in effect at the time of development. c. Design elements compatible with the matrix on page 3-49 of the TMISAP for the MU-C designated area shall be provided with development as follows: Architecture & Heritage (3- 32); Street-Oriented Design – Commercial & Mixed Use buildings (3-33); Buildings to Scale (3-34); Neighborhood Design (3-36); Building Form and Character – Building Facades, Building Heights (general limit of 4 stories, first floor ceiling heights for retail), Base, Body and Top, Frontage (commercial retail frontage, live/work unit frontage, urban residential frontage in commercial districts), Roofs (flat, pitched) (3-37 thru 3-41); Building Details – Screening of Mechanical Units and Service Areas, Awnings and Canopies (MU-C only) (3- 41 thru 3-45); Signs (3-46); and Public Art (3-47).. d. Prior to any development occurring on the subject property, the applicant shall modify the development agreement to include a more detailed conceptual development plan for the site that is consistent with the MU-C land use designation. e. All of the existing buildings on the site shall be removed and any existing business located on the property shall cease immediately upon annexation. f. A cross-access/ingress-egress easement(s) shall be granted to the property to the west (parcel #S1214120710) and to the property to the east (parcel #R8580480020) in accord with UDC 11-3A-3. g. A pedestrian access shall be provided to both the parcel to the west and to the east in order to facilitate pedestrian traffic through the area. h. The only uses allowable within the development are restaurants, retail, office (which include personal and professional services), vertically integrated residential project. i. Future development of this site shall be consistent with the land use, transportation and design elements contained in the Ten Mile Interchange Specific Area Plan (TMISAP) and the design standards in effect at the time of Certificate of Zoning Compliance application. 1.1.2 Prior to the City Council hearing, the applicant shall provide an updated landscape plan showing the required 25 foot landscape buffer along Franklin Road. The parking that is currently proposed within the 25 foot are shall be eliminated. Bainbridge Franklin – AZ PAGE 24 1.1.3 The parking located immediately as you enter the parcel from Franklin shall be eliminated as to not cause traffic problems with vehicles entering the development. 2. PUBLIC WORKS DEPARTMENT 2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 2.1.1 A street light plan will need to be included in the final plat and/or building permit application. 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. 2.1.2 Existing domestic wells within the project area must be properly abandoned per General Condition of Approval 2.2.7. 2.1.3 Any existing sanitary sewer and/or water mainline stubs into the subject parcels that are not proposed to be used must be properly abandoned per the City of Meridian Standards. 2.1.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). By entering into a development agreement with the City of Meridian, the applicant agrees to use the City of Meridians recycled water supply as the primary source of irrigation water. Further, the applicant agrees to provide for secondary backup water to provide service when recycled water is not available. Once development plans have been submitted to the city for review, the city will model the recycled water system and make a final determination regarding our ability to supply reclaimed water to the development. If the city can serve the development with recycled water then recycled water must be utilized as the primary source of irrigation water and a secondary or backup source must also be provided. If the city can’t serve the development then the primary source of irrigation water should come from surface water irrigation sources if available. 2.1.5 The applicant shall be responsible to construct the recycled irrigation system in accordance with Department of Environmental Quality (DEQ) recycled water rules and regulations, and Division 1200 of the City of Meridian Supplemental Specifications and Drawings to the Idaho Standards for Public Works Construction. These requirements do not wave the applicants responsibilities or obligations to irrigation districts that may be able to provide surface water to the development. 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 Bainbridge Franklin – AZ PAGE 25 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. 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. Bainbridge Franklin – AZ PAGE 26 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 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. FIRE DEPARTMENT 3.1 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. 3.2 Buildings or facilities exceeding 30 feet (9144mm) or three stories in height shall have at least two means of fire apparatus access for each structure. The access roads shall be placed a dista nce apart equal to not less than one half of the length of the overall diagonal dimension of the property or area to be served, measured in a straight line as set forth in International Fire Code Appendix D104.1. 3.3 Commercial and office occupancies will require a fire-flow consistent with International Fire Code Appendix B to service the proposed project. Fire hydrants shall be placed per Appendix C. 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns related to this application. 5. PARKS DEPARTMENT 5.1 The Parks Department has no concerns related to this application. Bainbridge Franklin – AZ PAGE 27 6. REPUBLIC SERVICES 6.1 Republic Services has no comment on this application, 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Comments have not yet been received from ACHD on this application. 7.1.1 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). 7.1.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 7.1.3 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. 7.1.4 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. 7.1.5 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. 7.1.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.1.7 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. 7.1.8 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. 7.1.9 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. 7.1.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 7.1.11 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. 7.1.12 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. Bainbridge Franklin – AZ PAGE 28 C. Legal Description and Exhibit Map Bainbridge Franklin – AZ PAGE 29 Bainbridge Franklin – AZ PAGE 30 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 to C-G is not consistent with the proposed MU-COM 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 C-G zoning district is consistent with the purpose statement of the commercial 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 not in the best interest of the City.