2810 E. Franklin Road (H-2020-0097) Findings Item#8.
CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI
DIAN
AND DECISION& ORDER
In the Matter of the Request for Annexation of 1.01 Acres of Land with a C-G Zoning District,by
KM Engineering.
Case No(s). H-2020-0097
For the City Council Hearing Date of: December 22,2020 (Findings on January 5,2021)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of December 22,2020, incorporated
by reference)
2. Process Facts(see attached Staff Report for the hearing date of December 22, 2020, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of December 22,
2020, incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of December 22,2020, 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 as
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by
ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian,
which was adopted December 17,2019, Resolution No. 19-2179 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 December 22,2020, incorporated by reference. The conditions are concluded to
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR 2810 E.FRANKLIN RD.—AZ H-2020-0097 - I - Page 191
Item#8.
be 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 with the requirement of a
Development Agreement per the provisions in the Staff Report for the hearing date of
December 22,2020, 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. 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 December 22,2020
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR 2810 E.FRANKLIN RD.—AZ H-2020-0097 -2- Page 192
Item#8.
By action of the City Council at its regular meeting held on the 5th day of January
2020.
COUNCIL PRESIDENT TREG BERNT VOTED
COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED
COUNCIL MEMBER JESSICA PERREAULT VOTED
COUNCIL MEMBER LUKE CAVENER VOTED
COUNCIL MEMBER JOE BORTON VOTED
COUNCIL MEMBER LIZ STRADER VOTED
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robert E. Simison
Attest:
Chris Johnson
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Dated: 1-5-2021
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR 2810 E.FRANKLIN RD.—AZ H-2020-0097 -3- Page 193
EXHIBIT A
STAFF REPORTC�WE COMMUNITY DEVELOPMENTDEVELOPMENT DEPARTMENT f D A H 0
HEARING December 22,2020 Legend
DATE: ff '
TO: Mayor&City Council
FROM: Sonya Allen,Associate Planner
208-884-5533
4
SUBJECT: H-2020-0097
2810 E. Franklin Rd.—AZ `
LOCATION: 2810 E. Franklin Rd.,in the SE 1/4 of rFH
Section 8,Township 3N.,Range 1 E.
(Parcel#S 1108449000) -- ----
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I. PROJECT DESCRIPTION
The Applicant requests annexation of 1.01 acres of land with a C-G zoning district.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 0.92 of an acre(1.01 including adjacent right-of-way to the
centerline of E.Franklin Rd.)
Future Land Use Designation Commercial
Existing Land Use Single-family residential
Proposed Land Uses Flex space
Current Zoning RUT in Ada County
Proposed Zoning Commercial(General Retail and Service Commercial)
Waterways The Snider Lateral crosses the northern portion of this site.
Neighborhood meeting date;#of September 2,2020;3 attendees
attendees:
History(previous approvals) None
Pagel
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Item#8.
B. Community Metrics
Description Details Page
Ada County Highway District
• Staff report(yes/no) Yes
• Requires ACHD Commission No
Action es/no
Access(Arterial/Collectors/State One(1)existing access via E.Franklin Rd.,an arterial street
Hwy/Local)(Existing and Proposed) and entryway corridor,proposed to remain
Fire Service No comments were submitted.
Police Service No comments were submitted.
Wastewater
Distance to Sewer Services Directly adjacent in Franklin Rd.
Sewer Shed Five Mile Trunk
Estimated Project Sewer ERU's See application
WRRF Declining Balance 13.98
Project Consistent with WW Yes
Master Plan/Facility Plan
Impacts/Concerns No comment
Water
Distance to Water Services Directly adjacent in Franklin Rd.
Pressure Zone 3
Estimated Project Water ERU's See application
Water Quality None
Project Consistent with Water Yes
Master Plan
Impacts/Concerns No comment
C. Project Maps
Future Land Use Map Aerial Map
f� I end � f Legend
Project Laca�ian Projec= Lflca It
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Zoning Map Planned Development Map
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III. APPLICANT INFORMATION
A. Applicant:
Stephanie Leonard,KM Engineering—9233 W. State St., Boise, ID 83714
B. Owner:
Daniel Eisenring— 194 W. Broderick Dr.,Meridian, ID 83646
C. Representative:
Same as Applicant
IV. NOTICING
Planning& Zoning City Council
Posting Date Posting Date
Newspaper notification
published in newspaper 10/30/2020 12/4/2020
Radius notification mailed to
property owners within 300 feet 10/30/2020 12/1/2020
Public hearing notice sign posted
11/5/2020 12/3/2020
on site
Nextdoor posting 10/30/2020 12/2/2020
V. COMPREHENSIVE PLAN ANALYSIS
LAND USE: This property is designated as Commercial on the Future Land Use Map (FLUM)in the
Comprehensive Plan. The Commercial designation provides for a full range of commercial uses to serve area
residents and visitors. Desired uses may include retail,restaurants,personal and professional services,and
office uses, as well as appropriate public and quasi-public uses. Multi-family residential may be allowed in
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some cases but should be careful to promote a high quality of life through thoughtful site design,
connectivity and amenities.
The Applicant proposes to redevelop this site for a flex space use that will consist of office and warehouse
space for an automotive tool and equipment supplier.
Goals,Objectives, &Action Items: Staff finds the following Comprehensive Plan policies to be applicable
to this application and apply to the proposed use of this property(staff analysis in italics):
• "Encourage infill development."(3.03.01E)
The Comprehensive Plan defines infill as "development on vacant parcels, or redevelopment of
existing parcels to a higher and better use that is surrounded by developed property within the City
of Meridian."The subject property abuts City annexed land to the north, east and south and is
proposed to redevelop with a commercial use.
• "Focus development and redevelopment intensity on key transportation corridors." (3.07.02C)
The subject property and proposed flex space use is located adjacent to E. Franklin Rd., a key
transportation corridor and entryway corridor into the City. Redevelopment of this property to a
commercial use is an appropriate intensity in this location along a major transportation corridor.
• "Encourage compatible uses and site design to minimize conflicts and maximize use of land."
(3.07.00)
The property to the north is zoned industrial(I-L); the property to the northwest is developed with a
landscape supply business and the property directly to the north is undeveloped. The property to the
east is vacant/undeveloped land zoned C-G. The office proposed in the existing building adjacent to
Franklin Rd. and the warehouse proposed in the rear building facing industrial zoned land should
be compatible with existing and future abutting industrial and commercial uses.
• "Require appropriate landscaping,buffers, and noise mitigation with new development along
transportation corridors(setback,vegetation,low walls,berms, etc.)."(3.07.01C)
A 35 foot wide landscaped street buffer will be required with development along E. Franklin Rd., an
arterial street and entryway corridor, landscaped per the standards listed in UDC 11-3B-7C.
• "Permit new development only where it can be adequately served by critical public facilities and
urban services at the time of final approval, and in accord with any adopted levels of service for
public facilities and services."(3.03.03F)
City water and sewer service is available in E. Franklin Rd. and can be extended by the developer
with development in accord with UDC 11-3A-21.
• "Require appropriate building design, and landscaping elements to buffer, screen,beautify, and
integrate commercial,multifamily, and parking lots into existing neighborhoods."(5.01.02D)
Street buffer and parking lot landscaping will be required with development in accord with the
standards listed in UDC 11-3B-7C and 11-3B-8C, respectively. The design of the new structure is
required to be consistent with the standards listed in the Architectural Standards Manual.
• "Reduce the number of existing access points onto arterial streets by using methods such as cross-
access agreements, access management, and frontage/backage roads, and promoting local and
collector street connectivity."(6.01.02B)
The Applicant will be required to grant cross-access easements to adjacent properties to the east
and west with development in accord with UDC 11-3A-3A.2, unless otherwise waived by Council.
The Applicant is requesting a waiver from City Council to not provide cross-access easements to
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Item#8.
adjacent properties due to the topography of the site combined with the space available for
development with retention of the existing structure.
• "Annex lands into the corporate boundaries of the City only when the annexation proposal conforms
to the City's vision and the necessary extension of public services and infrastructure is provided."
(3.03.03)
The proposed annexation and flex space use of the property conforms to the City's vision and City
water and sewer services are available to be extended to the property. Fire and police service are
already provided in this area.
VI. STAFF ANALYSIS
A. ANNEXATION&ZONING
The area proposed to be annexed consists of 1.01 acres of land and includes land to the section line of E.
Franklin Rd. The property is currently zoned RUT and located in Ada County. The Applicant proposes
to annex the property into the City with a C-G zoning district consistent with the associated FLUM
designation of Commercial.A conceptual development plan is proposed as shown in Section VIII.B.
The proposed annexation area is contiguous to City annexed property and is within the Area of City
Impact Boundary.A legal description and exhibit map for the annexation area is included in Section
VIII.A.
The topography of this site slopes down significantly from Franklin Rd. to the north property boundary
and has approximately a 20 foot grade difference as shown on the grading plan in Section VIII.B. A
retaining wall is depicted on the concept plan at the north and west boundaries of the area proposed to be
improved with this project.
There is an existing residential home on the property that the Applicant proposes to remodel and expand
for a flex space use. The concept plan depicts 2,239 square feet(s.f.) of office on the first floor and 1,550
s.f. of office and support uses in the basement of the existing structure, and a new 2,600 s.f. structure for
a warehouse.The new structure is proposed to the north behind the existing structure and will include a
daylight basement. The user will be an automotive tool and equipment supplier, classified as a flex space
use. The business proposes to sell products online to automotive businesses and at-home mechanics and
will not conduct any retail sales on the site.
Flex space is listed in UDC Table 11-213-2 as a principal permitted use in the C-G zoning district subject
to the specific use standards listed in UDC 11-4-3-18: Flex Space,as follows:
A. Office and/or retail showroom areas shall comprise a minimum of thirty percent(30%) of the
structure and/or tenant space. The proposed office/support use comprises approximately 60%of
the structure in accord with this standard; retail sale of products to the public is not proposed.
B. Light industry and warehousing shall not comprise more than seventy percent(70%)of the
tenant space.At approximately 4001o, the proposed warehouse area complies with this standard.
C. In the C-C, C-G and M-E Districts,roll-up doors shall not be visible from a public street. One
roll-up door is proposed at the rear of the structure, which isn't visible from E. Franklin Rd.
D. Except in the I-L and I-H Districts,loading docks are prohibited.No loading docks are
proposed; because this property is proposed to be zoned C-G, loading docks are prohibited.
E. Retail use shall not exceed twenty five percent(25%)of leasable area in any tenant space. No
retail sales are proposed.
The proposed use and site design complies with the above listed standards. Compliance with the
dimensional standards for the C-G zoning district listed in UDC Table 11-213-3 is also required. The
existing and proposed structures comply with the minimum setback requirements of the district. A 35'
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Item#8.
wide street buffer is required with development along Franklin Rd., an entryway corridor, landscaped per
the standards listed in UDC 11-3B-7C.
The existing driveway access via Franklin Rd. is proposed to remain for access to the site and has been
approved by ACHD. Because it closely aligns with a driveway on the south side of Franklin Rd.,
relocation of the driveway is not recommended. The UDC (11-3A-3A.2)requires cross-access/ingress-
egress easements to be granted to adjoining properties where access to a local street is not available,
unless otherwise waived by City Council. In accord with this standard,because access isn't available via
a local street, Staff recommends cross-access easements are provided and driveways constructed to the
properties to the east and west. A 20-foot wide cross-access easement is depicted on the concept plan
to the east and west but the Applicant requests Council approval of a waiver to this requirement to
not provide cross-access easements due to the topography of the site and site constraints related to
the space available for development.At a minimum, Staff recommends Council require cross-
access to the west.Note:Staff contacted Ada County to see if a cross-access easement was provided to
the subject property with re-development of the adjacent property to the west but has yet to receive an
answer. Update:Ada County replied back that a cross-access easement wasn't provided to the subiect
property with redevelopment of the site in 2002 (File#02-33-MSP).
A minimum of one(1) off-street vehicle parking space is required to be provided for every 500 square
feet of gross floor area; and one(1)bicycle parking space is required for every 25 proposed vehicle
spaces or portion thereof. Based on 6,389 square feet, a minimum of 12 vehicle spaces and one(1)
bicycle space is required. A total of 13 spaces are depicted on the conceptual site plan,including an
ADA space,which is one more than required. However, if cross-access driveways are provided to
adjacent properties as required by the UDC, it will reduce the parking by up to(3)spaces,which will
result in parking below the required minimum standard. If a waiver is not approved by Council to the
requirement for cross-access to be provided to adjacent properties to the east and west,the Applicant
may apply for alternative compliance to UDC 11-3C-6B.1; or,construct a smaller addition to reduce the
parking requirement.
Parking lot landscaping is required to be provided in accord with the standards listed in UDC 11-
3B-8C,which requires a minimum 5-foot wide perimeter landscape buffer adjacent to parking,
loading or other paved vehicular use areas,landscaped per the standards listed in UDC 11-3B-
8C.1b.A retaining wall and fence is proposed along the west boundary adjacent to the parallel
parking spaces where the buffer is required,which doesn't leave adequare area for landscaping.If
the site cannot be reconfigured to comply with this standard, alternative compliance may be
requested with the Certificate of Zoning Compliance application.
The Snyder Lateral exists in a 40-foot wide easement on the northern portion of the property that is not
proposed to be improved. All irrigation laterals are required to be piped unless improved as a water
amenity or linear open space as defined in UDC 11-1A-1 as set forth in UDC 11-3A-6B. The City
Council may waive this requirement if it finds the public purpose requiring such will not be served and
public safety can be preserved per UDC 11-3A-6B.3a. The Applicant proposes to fence off the area
where the lateral is located to preserve public safety and requests a Council waiver to this
requirement.
Because a large portion of this site on the north end is not proposed to be improved, Staff
recommends weeds are regularly maintained in this area so as not to create a nuisance and in a
manner that prevents wildfire in accord with MCC 4-2.
Conceptual building elevations with materials were submitted as shown in Section VIII.0 of the remodel
of the existing structure and proposed addition. The materials for the front fagade and sides of the
existing building consist of stucco with pre-finished metal siding and stone veneer accents; the materials
for the proposed warehouse addition consist of a mix of horizontal and vertical metal siding. All
improvements to the existing structure and new construction are required to comply with the
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Item#8.
design standards listed in the Architectural Standards Manual. A Certificate of Zoning
Compliance and Design Review application is required to be submitted to the Planning Division
and approved prior to submittal of a building permit application.
The City may require a development agreement(DA)in conjunction with an annexation pursuant to
Idaho Code section 67-6511A. To ensure the site develops as proposed with this application and as
recommended by Staff in accord with UDC standards,Staff recommends a DA is required as a
provision of annexation(see provision in Section IX,A).
VII. DECISION
A. Staff:
Staff recommends approval of the proposed Annexation&Zoning with the requirement of a
Development Agreement per the provisions in Section IX in accord with the Findings in Section X.
B. The Meridian Planning&Zoning Commission heard this item on November 19,2020. At the
public hearing,the Commission moved to recommend approval of the subject AZ request.
1. Summary of Commission public hearing_
a. In favor: Stephanie Leonard,KM Engineering Applicant's Representative)
b. In opposition:None
C. Commenting. None
d. Written testimony: Stephanie Leonard,KM Engineering(Applicant's Representative)
e. Staff presenting gpplication: Sonya Allen
f. Other Staff commenting on application: None
2. Key issue(s)of public testimony
a. None
3. Ke, ids)of discussion by Commission:
a. If favor of the proposed improvements to the existing structure and use;
b. Adequacy of the proposed parking in relation to the square footage of office use
proposed;
C. Possibility of relocating the storm drainage area to allow for more parkin to o be
provided.
4. Commission change(s)to Staff recommendation:
a. None
5. Outstandin issue(s)ssue(s) for City Council:
a. The Applicant requests Council waivers to the UDC requirements for cross-
access/in regress easements to be granted to the adjacent properties to the east&
west; and for the Snyder Lateral on the northern portion of the site to be piped.
C. The Meridian Citv Council heard this item on December 22,2020. At the public hearing.the
Council moved to approve the subject AZ request.
1. Summary of the City Council public hearing:
a. In favor: Stephanie Leonard,KM Engineering(Applicant's Representative)
b. In opposition:None
C. Commenting:None
d. Written testimony: Stephanie Leonard,KM Engineering(Applicant's Representative)
e. Staff presenting application: Sonya Allen
f. Other Staff commenting on application:None
2. Key issue(s)of public testimony:
a. None
3. Key issue(s)of discussion by City Council:
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Item#8.
a. The Applicant's request for a waiver to the requirement for cross-access easements to be
provided to the"¢ properties to the east and west—discussion of various options:
b. The Applicant's request for a waiver to the requirement to pipe the Snyder Lateral.
4. City Council change(s)to Commission recommendation.
a. The City Council voted to approve the Applicant's request for a waiver to not be
required to pipe the Snyder Lateral: and.
b. The City Council voted to require a cross-access ingress/egress easement and driveway
to be provided only to the property to the west(not to the eastl.
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Item#8.
VIII. EXHIBITS
A. Annexation&Zoning Legal Description and Exhibit Map
9233 WEST STATE STREET I 801SE,I0 93714 1 208.63g.6939 I FAX 208.639,6934
September 22,2020
Project No.20-113
LKbi bit AF
Legal Description for
AnnexatTon and Rezone to GG
A parcel of land situated in a portion of the Southeast 1/4 of Section 8,Tovtnship 3 North,Range 1 Eas#,
B.M.,Ada County, Idaho and being mare particuiarty described as follows:
Commencing at a faund brass cap marking the Southeast-corner of said Section 8,whlch bears
N89"54'35"W a distance of 2,571.03 f-Let from a fau nd brass rap marking t he South 114 corner of said
Section 8;
Thence following the southerly I I ne of sald Southeast 1/4,N89'54'35'W a distance of 1,171.19 feet to
the POINT OF BEGINNING.
Thence Faltowing said southerly line,N89'54'35"W a distance of 152.04 feet;
Thence leaving said southerly Ilne,N0712'38"E a distance of 290.38 feet to a found 1/2-inch rebaron
the boundary line 4f Olson:and Oush Subdlvlslon No_3(Book 107,Pages 14,905—14,907 of Plats),
Thence following said subdivision boundary line the foRowing two(2)courses=
2. 589'S8'25"E a distance of 249.84 feet to a found 5/8-inch rebar;
2. 500'13'25'E a distance of 29CL54 feet to the POWT OF BEGINNING.
$aid parcel contains 1.006 acres,more or less,and is subject to all existing easements and/or rlghts-Cf-
way of record or implied.
All subdivisiorrs deeds,records of surveys,and other instruments of mcord referenced herein are re€arded
domments oftbe county in whichthese described lands are 9ltwted In.
Attached heretp is Fxhfik 9 and by the reference is hereby made a part of.
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Item#8.
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Page 10
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Item#8.
B. Conceptual Development Plan&Grading Exhibit(dated: November 5,2020)
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C. Conceptual Building Elevations(dated: September 10,2020)
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Item#8.
IX. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
1. A Development Agreement(DA) is required as a provision of annexation of this property. Prior to
approval of the annexation ordinance, a DA shall be entered into between the City of Meridian,the
property owner(s)at the time of annexation ordinance adoption,and the developer.
Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to
commencement of the DA. The DA shall be signed by the property owner and returned to the
Planning Division within six(6)months of the City Council granting the annexation. The DA shall,
at minimum, incorporate the following provisions:
a. Future development of this site shall be generally consistent with the conceptual development
plan included in Section VIII.B, applicable standards in the Unified Development Code, and the
provisions contained herein.
b. A Ecross-access/ingress-egress easements shall be granted to the adjoining propertiesy to the
east an west with development as set forth in UDC 11-3A-3A.2,unless other-wise waived by
Eit-y Co—1. The Pdriveways shall be constructed within the easements to the property
boundary to facilitate future cross-access between properties. A Rrecorded copiesy of the
easements shall be submitted to the Planning Division with the Certificate of Zoning
Compliance application.
ri a�b&teral ti,o ,•�i, t4 � ft o b t ft , i,.,ii b ,a
e. The ,long on �civfc8rpiv"pe��ar�unv'c�iipccc-vt
GityCettneih e Council approved a waiver to UDC I1-3A-6B to allow the Snyder Lateral to
remain open and not be piped.
d. The unimproved portion of the site shall be regularly maintained in a manner that prevents
weeds from being a nuisance and prevents wildfire in accord with MCC 4-2.
e. All development shall comply with the structure and site design standards listed in UDC 11-3A-
19 and the design standards listed in the Architectural Standards Manual.
B. PUBLIC WORKS
1. Site Specific Conditions of Approval
1.1 Sanitary sewer and water service lines currently exist to this address.
C. FIRE DEPARTMENT
No comments were received.
D. POLICE DEPARTMENT
No comments were received.
E. PARK'S DEPARTMENT
No comments were received.
F. ADA COUNTY DEVELOPMENT
https://weblink.meridianci ty.org/WebLink/Browse.aspx?id=214 62 8&db id=0&repo=Meridian City
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Item#8.
G. ADA COUNTY HIGHWAY DISTRICT(ACHD)
https://weblink.meridiancity.orglWebLink/Doc View.aWx?id=216415&dbid=0&repo=Meridian City
X. FINDINGS
A. Annexation and/or Rezone(UDC 11-513-3E)
Required 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:
1. The map amendment complies with the applicable provisions of the comprehensive plan;
The City Council finds the Applicant's proposal to annex the subject 1.01 acre property with a C-G
zoning district for the development of a flex space use is consistent with the associated Commercial
FL UM designation for this property. (See Section V above for more information)
2. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The City Council finds the proposed map amendment and subsequent development will comply with
the regulations of the C-G zoning district and will provide for the service needs of the community in
accord with the purpose statement of the Commercial districts.
3. The map amendment shall not be materially detrimental to the public health,safety, and
welfare;
The City Council finds the proposed map amendment will not be detrimental to the public health,
safety and welfare.
4. 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 City Council finds the proposed map amendment will not result in an adverse impact upon the
delivery of services by any political subdivision providing public services within the City, including
the school district.
5. The annexation(as applicable)is in the best interest of city.
The City Council finds the proposed annexation is in the best interest of the City.
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