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
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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.
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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.
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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.
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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.