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
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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:
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CRY or w
EIDIAN .
IDAHO
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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):
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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.
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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
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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
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A. Drawings
1. Vicinity/Zoning Map
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2. Conceptual Site Plan (NOT APPROVEDREVISED) (dated: 5/16/201810/29/2018)
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3. Proposed Elevations
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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.
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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.
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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.
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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
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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.
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C. Legal Description and Exhibit Map
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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.
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