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Bainbridge Franklin H--2018-0057 DADEVELOPME NT AGREEMENT PARTIES: 1. City of Meridian 1 Steve Bainbridge, Owner/Developer THIS DEVELOP NT AGREEMENT (this Agreement), is made and entered into this ' day of ', 2019, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and Steve Bainbridge, whose address is 2576 W. Piazza Drive, Meridian, ID 83646, hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-651 IA provides that cities may, by ordinance, require or permit as a condition of zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1 AS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS Owner/Developer has submitted an application for annexation and zoning of 3.68 acres of land to the C -G (General 'Retail and Service Commericial) zoning district, under the Unified Development Code, which generally describes how the Property wilt be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the Property will be developed and what improvements will be made; and L6 WHEREAS, the record of the proceedings for the annexation and zoning on the Property held before the Planning & Zoning Commission, and subsequently before the City Council, includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and DEVELOPMENT AGREEMENT— BAINBRIDGE FRANKLIN (H-2018-0057) PAGE I OF 7 Meridian City Council Meeting Agenda August 20, 2019 — Page 62 of 151 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A u g u s t 2 0 , 2 0 1 9 – P a g e 6 3 o f 1 5 1 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A u g u s t 2 0 , 2 0 1 9 – P a g e 6 4 o f 1 5 1 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A u g u s t 2 0 , 2 0 1 9 – P a g e 6 5 o f 1 5 1 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A u g u s t 2 0 , 2 0 1 9 – P a g e 6 6 o f 1 5 1 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A u g u s t 2 0 , 2 0 1 9 – P a g e 6 7 o f 1 5 1 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: CITY OF By: Mayor Tammy de Weerd STATE OF IDAHO ) ss: County of Ada, 1 On this day of State, personally appeared Steve #OIyl ftrt' acknowledged tome that he ex �Q6-*Ns&eV IN WITNESS WHE �•?���i% certificate fust above writtenz Qe.C �s NOTA I? (SEAL) • . low? Ug LIC , 08 91, �h•��un�N� STATE OF IDAHO ATTEST: Chri 2019, before me, the undersigned, a Notary Public in and -for said vn or identified to me to be the person who signed above and my hand and affixed my official seal the day and year in this jry Public f9r Idaho Ang at: Commission Expires: 0 iDtwoA ss County of Ada ) On this day of AA in u5k 2019, before me, a Notary Public, personally appeared Tammy de Weerd and0A5Tthht0hknow W identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, i have hereunto set my hand and affixed my official seal the day and year in this certificate first above written, ARLENE WAY Notary Public for Idaho Residing at: "� 0! COMMISSION 067390 Commission expires: 3- 2$ ' 202 2 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 388/22 DEVELOPMENT AGREEMENT -BAINBRIDGE FRANKLIN (H-2018-0057) PAGE 7 OF 7 EXHIBIT A Bainbridge Franklin – AZ (H-2018-0057) Legal Description and Exhibit Map Meridian City Council Meeting Agenda August 20, 2019 – Page 69 of 151 EXHIBIT A Bainbridge Franklin – AZ (H-2018-0057) Meridian City Council Meeting Agenda August 20, 2019 – Page 70 of 151 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0057 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Annexation and Zoning of 3.68 Acres of Land with a C-G Zoning District, by Steve Bainbridge. Case No(s). H-2018-0057 For the City Council Hearing Date of: February 5, 2019 (Findings on February 19, 2019) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of February 5, 2019, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of February 5, 2019, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 5, 2019, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of February 5, 2019, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of February 5, 2019, incorporated by reference. The conditions are concluded to be Meridian City Council Meeting Agenda February 19, 2019 – Page 99 of 476 EXHIBIT B Meridian City Council Meeting Agenda August 20, 2019 – Page 71 of 151 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0057 - 2 - reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for Annexation and Zoning is hereby approved per the conditions of approval in the Staff Report for the hearing date of February 5, 2019, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six (6) month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of February 5, 2019. Meridian City Council Meeting Agenda February 19, 2019 – Page 100 of 476Meridian City Council Meeting Agenda August 20, 2019 – Page 72 of 151 By action of the City Council at its regular meeting held on the day of r , 2019. COUNCIL PRESIDENT JOE BORTON VOTED COUNCIL VICE PRESIDENT LUKE CAVENER VOTED_l& COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED_yee COUNCIL MEMBER TY PALMER VOTED COUNCIL MEMBER TREG BERNT VOTED & COUNCIL MEMBER GENESIS MILAM VOTED / MAYOR TAMMY de WEERD VOTED TIE BREAKER) Mayor Tamm d eerd Attest: oq` e° V1- _""9' a`' ',00 CRY or w EIDIAN . IDAHO a Coles SEALIv— Clerk Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: PM Dated: City erk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). 1-1-2018-0057 -3- 3- di nbHt,-, F7'Qrl j Meridian City Council Meeting Agenda August 20, 2019 – Page 73 of 151 EXHIBIT A Bainbridge Franklin – AZ (H-2018-0057) PAGE 1 STAFF REPORT Hearing Date: February 5, 2019 TO: Mayor and City Council FROM: Josh Beach, Associate City Planner Bill Parsons, Planning Supervisor 208) 884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2018-0057 – Bainbridge Franklin – AZ NOTE: On November 7, 2018, the City Council remanded this application back to the Planning and Zoning Commission. The applicant requested the remand with hope of gaining a favorable recommendation from the Commission. During the July 12, 2017 hearing, the Commission recommended denial of the application for the following reasons: 1. Continued use of the small equipment repair business; 2. Existing structures remaining on the property for 5 years without connecting to city utilities; 3. Site plan was not revised per staff’s recommendation in the staff report; 4. Staff’s concerns that the conceptual site plan and elevations were not consistent with the MU-Com designation 5. With the number of items above, it appeared the annexation of the property with the C-G district was premature. Since the Commission hearing, the applicant has met with staff to discuss several revisions to the conceptual plans which have been included in Exhibit A. Further, the applicant has received interest from potential users who may develop the property if/when it is annexed into the City. Throughout the staff report, staff has updated the pertinent sections of the report in a strike- through/underline format that reflects the changes in the staff report. 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 this item on January 3, 2019. At the public hearing, the Commission moved to recommend approval of the subject AZ request. a. Summary of Commission Public Hearing: i. In favor: Shawn Nickel ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: None Meridian City Council Meeting Agenda February 19, 2019 – Page 102 of 476Meridian City Council Meeting Agenda August 20, 2019 – Page 74 of 151 EXHIBIT A Bainbridge Franklin – AZ (H-2018-0057) PAGE 2 b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Commission: i. Adequate parking for the site. d. Commission Change(s) to Staff Recommendation: i. None e. Outstanding Issue(s) for City Council: i. Applicant is requesting Council to allow them to construct a 10-foot wide landscape buffer along the east boundary of the proposed storage facility abutting the multi-family development. The Meridian City Council heard this item on February 5, 2019. At the public hearing, the Council approved the subject AZ request. a. Summary of City Council Public Hearing: i. In favor: Shawn Nickel ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: Joe Bongiorno b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Council: i. Reduced buffer width along a portion of the eat boundary. d. Key Council Changes to Staff/Commission Recommendation i. Council granted the request to construct a 10-foot wide landscape buffer along the east boundary of the three-story indoor storage facility (see DA provision g). 3. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2018- 0057 as presented in staff report for the hearing date of February 5, 2019 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0057 as presented in staff report for the hearing date of February 5, 2019 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 Meridian City Council Meeting Agenda February 19, 2019 – Page 103 of 476Meridian City Council Meeting Agenda August 20, 2019 – Page 75 of 151 EXHIBIT A Bainbridge Franklin – AZ (H-2018-0057) PAGE 3 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 November 30, 2018; January 18, 2019 Council) c. Radius notices mailed to properties within 300 feet on: June 15 November 27, 2018; January 15, 2019 (Council) d. Applicant posted notice on site by: June 29 December 7, 2018; January 24, 2019 (Council) e. Next Door Posted: November 27, 2018; January 15, 2019 (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 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 Meridian City Council Meeting Agenda February 19, 2019 – Page 104 of 476Meridian City Council Meeting Agenda August 20, 2019 – Page 76 of 151 EXHIBIT A Bainbridge Franklin – AZ (H-2018-0057) PAGE 4 The subject property is designated Mixed Use – Commercial (MU-COM) on the Comprehensive Plan Future Land Use Map (FLUM). MU-COM 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-COM areas, three (3) or 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.) 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 five (75) commercial pad sites. 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, west of the subject property.The cumulative changes have resulted in an increase in more commercial property and less residential densities than originally evisioned 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. Further, the TM Creek property farther to the west is developing with a mix of commercial and residential uses that also provides services, employment and residential uses in the area. For these reasons, full compliance with the TMISAP is not desired for the development of this property (no residential component) however; specific design elements are required to be complied with to ensure a consistent design theme and quality development complementary to the surrounding developments.The recorded development agreement also requires a more detailed concept plan that demonstrates compliance with the MU-C land use designation. For these reasons, full compliance with the TMISAP is not desied,however; to ensure 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. This property is part of a larger MU-COM designated area, so staff does envision a mix of uses developing in the area. The properties to the east are the same mixed use commercial designation and with the increased residential uses in the area, additional commercial uses may be required to serve those uses. There is a mix of commercial and residential uses near the intersection of Franklin and Linder Ten Mile 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): Meridian City Council Meeting Agenda February 19, 2019 – Page 105 of 476Meridian City Council Meeting Agenda August 20, 2019 – Page 77 of 151 EXHIBIT A Bainbridge Franklin – AZ (H-2018-0057) PAGE 5 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. The revised concept plan depicts an indoor storage facility which is listed as a conditional use permit subject to the specific use standards set forth in UDC 11-4-3-34. 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, unless granted a waiver from Council for a reduced buffer width. 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. The future development of the site must comply with the parking standards set forth on UDC 11-3C-6B. 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. 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: Meridian City Council Meeting Agenda February 19, 2019 – Page 106 of 476Meridian City Council Meeting Agenda August 20, 2019 – Page 78 of 151 EXHIBIT A Bainbridge Franklin – AZ (H-2018-0057) PAGE 6 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-COM 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. Further, a 5-foot wide walkway shall be provided on the Conceptual site plan: A conceptual site plan was submitted, included in Exhibit A.2 that depicts seven five (75) commercial pad sites, including a mix of single, two and three story buildings with a similar design theme, open plaza area, and a cross access to the Twleve Oaks multi-family project to the east and the Calnon property to west in accord with UDC 11-3A-3. The new plan also incorporates the required 25-foot wide street buffer width along Franklin Road in accord with UDC Table 11-2B-3. 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. Staff finds with the addition of the open space element and the mixture in the scale and bulk of the commercial structures, the proposed development is generally consistent with the MU-COM designation. 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-access easement 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: As noted above, a 25-foot wide landscape buffer is required to be installed with the development of the subject property in accord with UDC 11 -2B-3 and UDC 113B-7. A landscape plan was not submitted with this application. There Further, the applicant is requesting to develop the site with commercial uses adjacent to Twelve Oaks multi-family project along the east boundary of this site. Per UDC 11-3B-9, a 25-foot landscape buffer is required adjacent to the residential use unless the Council grants a reduction of the buffer. The submitted concept plan depicts a 10-foot wide landscape buffer. Staff recommends the applicant install the 25-foot wide landscape buffer unless the council grants a waiver to reduce the buffer. If the applicant requests the Council waiver, staff recommends that the buffer not be reduced less than 10 feet in width. to the multi-family project (Twelve Oaks) that is adjacent to the east side of this property; and a 25 foot landscape buffer is required along the Franklin Road frontage. Meridian City Council Meeting Agenda February 19, 2019 – Page 107 of 476Meridian City Council Meeting Agenda August 20, 2019 – Page 79 of 151 EXHIBIT A Bainbridge Franklin – AZ (H-2018-0057) PAGE 7 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 40,60052,850 square feet of commercial space. Per UDC 11-3C-6 one parking space is required per 500 s.f. of gross floor area. In this case, that amounts to 82106 required parking spaces. The conceptual site plan as proposed contains 11596 parking spaces, which is in may be compliance with UDC requirements. NOTE: The self-storage use requires less parking than most commercial uses. The UDC only requires the parking to be based on the size of the office space proposed for the storage use. At this time, staff does not have the specifics of the office square footage to determine if the parking ratio is adequate for the site. However, the required parking will be reduced because a majority of the square footage of the storage (29,250 sq.ft.) building will not be counted towards the required parking calculations. Access: One (1) direct access to W. Franklin Road is proposed for the development. Further Franklin Road accesses should be prohibited in accord with UDC 11-3A-3. 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. Further, the applicant is proposing to provide cross access with the Calnon property along the west boundary. With the first certificate of zoning compliance application, the applicant should provide a recorded cross access easement that grants access the Twelve Oaks and Calnon properties as depicted on the submitted concept plan. The cross access will provide interconnectivity with the adjacent properties in accord with UDC 11-3A-3increased access in the area. Permitted Uses: In the revised narrative, the applicant has indicated that an indoor self-storage facility and office uses are interested in developing on the property upon annexation. The indoor storage use is a conditional use permit subject to the specific use standards set forth in UDC 11-4- 3-34. The office use that the applicant has identified is a principal permitted use. Because several potential uses are slated for the development, staff no longer believes that certain uses should be restricted from developing on the site and has removed the recommended DA provision from Exhibit B below. 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: Utilities are required to be extended to this site in accord with UDC 11-3A-21. 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. Further, the property is located within the TMISAP, which has higher design standards. The applicant has provided a color rendering that demonstrates the design theme for the proposed Meridian City Council Meeting Agenda February 19, 2019 – Page 108 of 476Meridian City Council Meeting Agenda August 20, 2019 – Page 80 of 151 EXHIBIT A Bainbridge Franklin – AZ (H-2018-0057) PAGE 8 development. Although specific building materials are not identified, all structures constructed in the development should comply with the design elements of the TMISAP. 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 and TMISAP. 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. Conceptual Site Plan (dated: 5/16/201810/29/2018) 3. Proposed Elevations B. Conditions of Approval C. Legal Description and Exhibit Map D. Required Findings from Unified Development Code Meridian City Council Meeting Agenda February 19, 2019 – Page 109 of 476Meridian City Council Meeting Agenda August 20, 2019 – Page 81 of 151 EXHIBIT A Bainbridge Franklin – AZ (H-2018-0057) PAGE 20 A. Drawings 1. Vicinity/Zoning Map Meridian City Council Meeting Agenda February 19, 2019 – Page 110 of 476Meridian City Council Meeting Agenda August 20, 2019 – Page 82 of 151 EXHIBIT A Bainbridge Franklin – AZ (H-2018-0057) PAGE 21 2. Conceptual Site Plan (NOT APPROVEDREVISED) (dated: 5/16/201810/29/2018) Meridian City Council Meeting Agenda February 19, 2019 – Page 111 of 476Meridian City Council Meeting Agenda August 20, 2019 – Page 83 of 151 EXHIBIT A Bainbridge Franklin – AZ (H-2018-0057) PAGE 22 3. Proposed Elevations Meridian City Council Meeting Agenda February 19, 2019 – Page 112 of 476Meridian City Council Meeting Agenda August 20, 2019 – Page 84 of 151 EXHIBIT A Bainbridge Franklin – AZ (H-2018-0057) 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) and the TMISAP AND the conceptual site plan in Exhibit A. The proposed development shall consist of a mix of single, two and three story buildings as proposed. 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-COM land use designation. ec. All of the existing buildings on the site shall be removed and any existing business located on the property shall cease immediately upon annexation. fd. 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. With the first certificate of zoning compliance application, the applicant shall provide a recorded cross access easement that grants access to the Twelve Oaks and Calnon properties as depicted on the submitted concept plan. ge. 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 as proposed. h. The only uses allowable within the development are restaurants, retail, office (which include personal and professional services), vertically integrated residential project. if. 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. Meridian City Council Meeting Agenda February 19, 2019 – Page 113 of 476Meridian City Council Meeting Agenda August 20, 2019 – Page 85 of 151 EXHIBIT A Bainbridge Franklin – AZ (H-2018-0057) PAGE 24 g. The applicant shall construct a 2510-foot wide landscape buffer along the east boundary of the three story indoor storage building OR obtain a council waiver to construct the 10-foot wide landscape buffer as shown on the conceptual site plan in accord with UDC 11-3B-9. h. Any future indoor self-service storage use on the site must obtain approval of a conditional use permit and comply with the specific use standards set forth in UDC 11-4-3-34. i. Other than the one (1) proposed access to W. Franklin Road, all other access is prohibited in accord with UDC 11-3A-3. 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. 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. Meridian City Council Meeting Agenda February 19, 2019 – Page 114 of 476Meridian City Council Meeting Agenda August 20, 2019 – Page 86 of 151 EXHIBIT A Bainbridge Franklin – AZ (H-2018-0057) PAGE 25 2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to development plan approval. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at 208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 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. Meridian City Council Meeting Agenda February 19, 2019 – Page 115 of 476Meridian City Council Meeting Agenda August 20, 2019 – Page 87 of 151 EXHIBIT A Bainbridge Franklin – AZ (H-2018-0057) PAGE 26 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the 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 distance apart Meridian City Council Meeting Agenda February 19, 2019 – Page 116 of 476Meridian City Council Meeting Agenda August 20, 2019 – Page 88 of 151 EXHIBIT A Bainbridge Franklin – AZ (H-2018-0057) PAGE 27 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. 6. REPUBLIC SERVICES 6.1 Republic Services has no comment on this application, 7. ADA COUNTY HIGHWAY DISTRICT Site Specific Conditions of Approval 1. Access to Franklin Road is approved as a temporary full access, and may be restricted to right- in/right-out at any time , as determined by ACHD . 2. Close both existing driveways from the site onto Franklin Road with vertical curb, gutter and 7- foot wide sidewalk . 3. Consistent with ACHD 's Minor Improvements policy, the applicant should correct deficiencies or replace deteriorated or damaged faciliites on Franklin Road abutting the site. 4. 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 . 5. Plans shall be submitted to the ACHD Development Services Department for plans acceptance, and impact fee assessment (if an assessment is applicable). 6. Comply with the Standard Conditions of Approval as stated in the staff report. 8. ITD The Idaho Transportation Department reviewed the referenced annexation and zoning application and has the following comments: 1. This project does not abut the State highway system. 2. Idaho Code 40-1910 does not allow advertising within the right-of-way of any State highway. 3. IDAPA 39.03.60 rules govern advertising along the State highway system. The applicant may contact Justin Pond, Program Manager for lTD's Headquarters Right-of-Way Section at 208) 334- 8832 for more information. 4. lTD does not object to the annexation and zoning of C-G for Bainbridge Franklin Subdivision as presented in the application. Meridian City Council Meeting Agenda February 19, 2019 – Page 117 of 476Meridian City Council Meeting Agenda August 20, 2019 – Page 89 of 151 EXHIBIT A Bainbridge Franklin – AZ (H-2018-0057) PAGE 28 C. Legal Description and Exhibit Map Meridian City Council Meeting Agenda February 19, 2019 – Page 118 of 476Meridian City Council Meeting Agenda August 20, 2019 – Page 90 of 151 EXHIBIT A Bainbridge Franklin – AZ (H-2018-0057) PAGE 29 Meridian City Council Meeting Agenda February 19, 2019 – Page 119 of 476Meridian City Council Meeting Agenda August 20, 2019 – Page 91 of 151 EXHIBIT A Bainbridge Franklin – AZ (H-2018-0057) 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; The Council finds the proposed annexation to C-G is 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; The Council 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; The Council 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, the Council consider all 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, The Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). Per the above findings, the Council finds the proposed annexation is in the best interest of the City if the applicant enters into a DA with the City and develops the property as outlined in Exhibit B above. Meridian City Council Meeting Agenda February 19, 2019 – Page 120 of 476Meridian City Council Meeting Agenda August 20, 2019 – Page 92 of 151