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Application
Development Application Transmittal Link to Project Application: Elevate Franklin Storage MDA H-2019-0072 Transmittal Date: June 26, 2019 Hearing Date: July 23, 2019 Assigned Planner: Bill Parsons To view the City of Meridian Public Records Repository, Click Here The above “Link to Project Application” will provide you with any further information on the project. The City of Meridian is requesting comments and recommendations on the application referenced above. To review the application and project information please click on the application link above. The City of Meridian values transparency and makes a variety of information available to the public online through our public records repository. We request that you submit your comments or recommendations prior to the hearing date specified above. When responding, please reference the file number of the project. If responding by email, please send comments to cityclerk@meridiancity.org. For additional information associated with this application please contact the City of Meridian Planner identified above at 208-884-5533. Thank you, City Clerk’s Office 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: 208.888.4433|Email: cityclerk@meridiancity.org Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. Hearing Date: July 23, 2019 File No.: H-2019-0072 Project Name: Elevate Franklin Storage Request: Modification to the terms of the Development Agreement (H-2018-0109) to allow for a residential self-service storage facility use on the property, by Ten Mile Development, LLC. Location: The site is located at 3755 W. Perugia St., in the SE ¼ of Section 10, Township 3N., Range 1W. C-/WENZ AN:--- JUN 19 2019 rl. - Planning Division DEVELOPMENT REVIEW APPLICATION STAFF USE ONLY: Project name:_ File number(s): Assigned Planner: Related files: Type of Review Requested (check all that apply) ❑ Accessory Use (check only 1) ❑ Final Plat Modification ❑ Daycare ❑ Landscape Plan Modification ❑ Home Occupation ❑ Preliminary Plat ❑ Home Occupation/Instruction for 7 or more ❑ Private Street ❑ Administrative Design Review ❑ Property Boundary Adjustment ❑ Alternative Compliance ❑ Rezone ❑ Annexation and Zoning ❑ Short Plat ❑ Certificate of Zoning Compliance ❑ Time Extension (check only 1) ❑ City Council Review ❑ Director ❑ Comprehensive Plan Map Amendment ❑ Commission ❑ Comprehensive Plan Text Amendment. ❑ UDC Text Amendment ❑ Conditional Use Permit ❑ Vacation (check only 1) ❑ Conditional Use Modification (check only 1) ❑ Director ❑ Director ❑ Commission ❑ Commission ❑ Variance B Development Agreement Modification ❑ Other ❑ Final Plat Applicant Information Applicant name: Ten Mile Development, LLC Phone: (208) 869-9785 Applicant address: 1409 N. Main Street Email: gwolfe@portfolioco.com City: Meridian State: ID Zip: 83642 Applicant's interest in property: 8 Own ❑ Rent ❑ Optioned ❑ Other Owner name: Same as Applicant Owner address: Email: City: State: - Agent/Contact name (e.g., architect, engineer, developer, representative): Firm name: Engineering Solutions, LLP Agent address: - City: Meridian 1029 N. Rosario St., Suite #100 Primary contact is: ❑ Applicant ❑ Owner ❑ Agent/Contact Email Phone: Zip: Phone: (208)938-0980 beckym@engsol.org State: ID Zip: 83642 Subject Property Information 3755 W. Perugia St. - NW Cornerof W. Franklin and N. Umbria Hais Ave. T.3N., R.1 W., Sec. 10 Location/street address: Township, range, section: Assessor's parcel number(s): R8778730011 Total acreage: 3.53 Zoning district: L -O Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancitv.orgiylannine -1 Rei,: (2/2/20182/7/2018) Project/subdivision name: Elevate Franklin Storage General description of proposed project/request: A development agreement modification allowing for a conditional use for a residential self-service storage facility to serve existing apartments. Proposed zoning district(s): R-15 Acres of each zone proposed: 3.53 Acres R-15 Type of use proposed (check all that apply): ❑ Residential ❑ Office ❑ Commercial ❑ Employment ❑ Industrial 8 Other Storage Facility Who will own & maintain the pressurized irrigation system in this development? Pump Station-NMID; lines and service private. Which irrigation district does this property lie within? Nampa -Meridian Irrigation District Primary irrigation source: Kennedy Lateral Secondary: City of Meridian Square footage of landscaped areas to be irrigated (if primary or secondary point ofconnection is City water): TBD Residential Project Summary (if applicable) Number of residential units: Number of common lots: Number of building lots: Number of other lots: Proposed number of dwelling units (for multi -family developments only): 1 bedroom: 2-3 bedrooms: Minimum square footage of structure (excl. garage): Minimum property size (s.f): Gross density (Per UDC 11-1A-1): 4 or more bedrooms: Maximum building height: - Average property size (s.f.): - Net density (Per UDC ll -IA -1): Acreage of qualified open space: Percentage of qualified open space: Type and calculations of qualified open space provided in acres (Per UDC 11 -3G -3B): Amenities provided with this development (if applicable): Type of dwelling(s) proposed: ❑ Single-family Detached ❑ Single-family Attached ❑ Townhouse ❑ Duplex ❑ Multi -family ❑ Vertically Integrated ❑ Other Non-residential Project Summary (if applicable) Number of building lots: 1 Common lots: 0 Other lots: 0 Gross floor area proposed: 46,677 S.F. Existing (if applicable): 0 Hours of operation (days and hours): 6 a.m. to 10 p.m. Total number of parking spaces provided: TBD Authorization Building height: 35' Number of compact spaces provided: N/A Print applicant name: Bec McKay, Enginee ing So utions, LL Applicant signature: Date: Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancitv.org[planninc -2- Rev: (2/7/2018) WRITTEN NARRATIVE ELEVATE SELF STORAGE FRANKLIN DEVELOPMENT AGREEMENT MODIFICATION Ten Mile Development, LLC (Grave Wolfe), hereby applies for a development agreement modification to facilitate the construction of a residential self -storage facility under the new specific use standards for a conditional use permit. The site is located adjacent to The Franklin at Ten Mile Apartments. Platted as Lot 1, Block 1, Umbria Subdivision, the lot is located at the northwest corner of N. Umbria Hills Avenue and W. Franklin Road in Meridian, Idaho. History of Previous Actions: In 2005, the entire 28.6 -acre property was granted Annexation and Zoning (AZ -05-016) approval by City Council with R-15 and L -O zoning districts. Concurrently, a preliminary plat (PP -05- 023) consisting of 1 large multi -family residential building lot and 1 commercial office building lot was approved. On January 3, 2006, the Meridian City Council approved the Development Agreement, which was recorded on January 6, 2006, as Instrument No. 106002636. The property was annexed under Ordinance No. 06-1209. On March 21, 2006, the final plat (FP -06-011) for Umbria Subdivision was approved by the Meridian City Council. The Meridian City Council waived the requirement for the applicant to tile the Kennedy Lateral. On February 15, 2011, Council approved a conditional use permit (CUP -10-014) for a multi- family development consisting of 369 dwelling units on 24.61 acres of land in an R-15 zoning district. An amendment to the development agreement (MDA -10-011) was also approved based on the new development plan (Inst. #111028916), and Silver Oaks Apartments (marketed as The Franklin at Ten Mile) is nearly complete. The City Council approved a rezone (H-2018-0109) on the 3.53 acres from L -O to R-15 on December 18, 2018. The development agreement prepared by the City Attorney included provisions for a self -storage project under the accessory use standards. The applicant submitted an ordinance amendment application (H-2019-0034) to add provisions for a residential self- service storage facility. The Council held a public hearing on the ordinance amendment on June 11, 2019 and voted to approve the amendment. Surrounding Uses: North: The Franklin at Ten Mile Apartments, zoned R-15 South: Baraya Development, zoned R-15 and R-40 East: Ten Mile Christian Church and vacant land, zoned C -N & C -G West: Proposed Multi -family development, zoned R-15 Development Agreement Modifications: CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Future development of the subject property shall be generally consistent with the conceptual development plan and elevations approved with H-2018-0109. b. The applicant shall obtain conditional use permit approval for a residential storage facility. c. The Developer/Owner shall comply with the specific use standards listed in UDC 11 -4 -3 - TBD, Self -Service Storage Facility, Residential, as follows: i. The facility is encouraged to accompany or be a component of a single-family or multi- family residential development with a conditional use permit within an R-15 or R-40 zone ii. The size of the storage facility shall be less than 8 acres and no more than 35 percent of total project. iii. The location of the facility may be located along an arterial roadway as a buffer to a residential development but shall not take direct access from an arterial. Access to the facility shall be from a collector or local street only. iv. The hours of operation shall be limited to six o'clock (6:00) a.m. to ten o'clock (10:00) p.m. v. The use shall be limited to individual storage compartments which shall be used for residential related personal property including vehicles. vi. Storage units shall not be used as dwelling or as a commercial or industrial place of business. The manufacture or sale of any item by a tenant from or at a residential storage facility is specifically prohibited. vii. The distance between structures shall be a minimum of twenty-five feet (25'). The maximum height of the building shall not exceed 35 feet. viii. The storage facility shall be fully enclosed and screen from public view. ix. A minimum twenty -foot (20') wide landscape buffer shall be provided along a collector or local road and twenty -five-foot (25') wide buffer adjacent to residential development. Landscaping shall be provided as set for in subsection 11-313-7C and 11-313-9C of this title. x. The facility shall have a second means of access for emergency purposes approved by the Meridian Fire Department. xi. No outside storage area shall be allowed. Materials shall not be stored within the required yards. xii. Buildings shall be designed to complement the architectural character of the residential area. The building design shall comply with the Traditional Neighborhood District (TND) design standards set forth in the City of Meridian Architectural Standards Manual. xiii. Signage for the facility shall comply with Section 11-3D8C. "Residential Signs in Residential Districts," of this title. vx. On-site auctions of unclaimed items by the storage facility owners shall be allowed as a temporary use in accord with Title 3. Chapter 4, "Outdoor Sales and Temporary Uses. The hours of the on-site auctions shall be limited to daylight hours (sunrise to sunset) and specified on the temporary use permit application submitted to the Clerk's office. xv. On-site management or contact information for on-call management shall be provided for the storage facility. If the use is unattended, the standards in accord with Section 11-3A-16, "Self -Service Uses," of this title shall also apply. The application materials shall Include a security plan for the proposed facility. xvi. No storage of fuel or hazardous materials shall be allowed. xvii. The site shall not be used as a "vehicle wrecking or junk yard" as herein defined in Section 11-1A-1. d. Provide a minimum of three (3) parking spaces on the site for employee and visitor parking. e. To preserve public safety, a fence shall be installed along the Kennedy Lateral to prohibit access to the waterway in accord with the standards listed in UDC 11 -3A -6C.3. £ All future structures shall comply with the design standards listed UDC 11-3A19 and the Architectural Standards Manual, and policies in the Ten Mile Interchange Specific Area Plan. Project Description: The applicant is requesting the new development agreement be updated with the residential self - storage standards. Signatory to the agreement will be Graye H. Wolfe, Sr., Manager of Ten Mile Development, Inc., 1409 N. Main Street, Suite 109, Meridian, Idaho 83646. The storage areas will be surrounded by a solid masonry wall with architectural features to provide articulation and break up the expanse of wall. Great care was taken to create an architectural focal point at the Franklin Road and Umbria Hills intersection. Extensive landscaping will be provided around the exterior and along the Franklin Road frontage as shown on the attached landscape plan. Access will be taken from W. Perugia Street, with emergency access only to N. Umbria Hills Avenue. This is consistent with the TMISAP, which discourages access to arterials and collectors if local street access is available. The developer will be requesting approval to install signage for the apartment complex on the exterior corner of the storage facility. 11/17/2004 15:55 FAX 3275514 TITLE DEPT [a 002 ADA dQUNTY HERFIDen J. DAVID NAVABM BOISE IDAHO 00104 nn PM �• DEpUi•Y Ka�V (ngra�am �', A 9 Eur ag III 1�11811111�1�1��1�11�1�1I��II SII t n 5, r. u, FirslAOrgrlc�n WARR&NTV bD>t,+'Ev For Value Received R.I:s.K., MT-U41M, L.L.C. an Idaho I&dt:ftd Liability riy hereinafter xefa=ed to as Grantor, des k=abY fit, seal, ansa convey Into Ten Rile Davala ent, LM barWm x'ef=-ed to as grantee, whose cur=t addreso la 1409 N. %"�iA stwet: veei,di,an, ID 93642. the f6iloting des=j)pd premises: to -wit: S Ex uP." attached hereto and rade a part hareaf_ To WV; p AM M g= tMe aa5.d pk,Tcvises, with their appurtenances unto e11,_5 said G=to, his he rs and assigns forever, And the said tt:anWr doea hereby cwvwant to anti with the said Grantee, that Grantor i0 66 tF in fee sinple of said prmisd!s, that said pmdsoS are 811 e=e t cu=mt yeaxs tames, lev'w, wd weeawnts, and except U. 9, Patent reser mt cm, srrj ctimrs, ea-�egm is of re=d, and easwents visibly urn the grW; ,t W, and that Grant -.or will wa=nt and &fend f=u *11 claims whatsoever. Dated- January 9, 200Q Ab f�P!_ �e Michael Brown •a• - a`TAZ'� OE ZI?AFIO ) ss dAy of ,7anuar-v, MS in y the e.a?r- r 2aa4, bsdore , a Notary Public in Thi and for -m$aid State, �rwr-aly aft �00�4 8svvin, Michail Bann., Russell Inmrill,r and RIsnood tCesler, n or idaetifi.ed tP u-- W ba the Pez��m wh+ sa naam ie WW=,ted to the wittiia SYIsttuAl &-cYr khq, Umi'1ers of the R.I.S,K., MUM rte, L.L.C., 4?hich is 14' ad bfiecl to m to be t}� eIati.L•y wl�a n4 uw is mb— x=L ed t4 the within instxut�nt as the ar ftb s ok the R.I.S.K., and ad,awledged to m< f~h:t such limited liability y',;' a,2cuted the saRl", %�Iaww nv-41.14, °Rgsidiszj'at: Nada o Ccxt�Iu�aicm Ezpirea: 4/26/3447 om...,z .aa-_ 11/17/2004 15:55 FAX 3275514 TITLE DEPT F,XHIBIT "A" M 03 5 A Parcel. of land being a portion of Parcel B Of wended Record of Survey No. 4837, recorded December -16, 1999, as Tnstrument No, 9�1:19419, being a portion of the South half 01 Section 10, Tmmsh# 3 -North, Range I West, Boise Meridian, Ada County, Idaho, described as 90110wo: Begi;nAing at a fo=d 5/811 rebar at the Southeast Corner of said Section 1.0, said point bears 00627,060 West 2646.07 feet from the Vast quarter corner Of said Lection, M eaid POiAC also ma;rk'Ag the canttrline antqrsectlon 09 'Xe -a Mjle Road and Frmklim Road, said �Oint being the RM POINT OF DEGINNING; thence Vorth 89640'19" West 1706, 62 feet to a point being ith the South 00109P31" West 25 feet fro= the inteVE3ection W celaterline of a ditch; themeNorth 00-09,33.11 East 25.00 feet to the intewmeatior, of said ce-ategline of said ditchp thence along said Centerline North 42o03,29m west along said centerline Of saici ditch a distance of 30040 geew thence line of said ditch a distance North 41.°1.5'29'9 west along said center of 900.00 zGet; thence North 1900612911 West along said aenterli-ne of said ditch 490A0 feet; thence North 32046,29-" West along said centerline of said ditch 409,23 feet to a POint can the North -south Mid-section line of said Section 10; th(=e continuing of said ditch 280.75 North 3,2046,29" West along said Genterline feet; thence North 43'22'29" West 99657 feet; thence North 00009'31" gast 88,,02 feet to a point on the South line Of the Union pacific, Railroad right of may; thence South 88951'50" E . ast aloxlg said So-ath line of the Tinion Pacific g4ilroad right of way 221.04 feet to a point on the worth -South xal -Pect%01% line of said Section 10; thence South 88*51,501, rg ast along said South line of the Union PaciEtC pig] mad jg*ht of! along 1492,98 feet to & point of L- in:terjedtion with tte centerline of a ditch; thence South 30034050a East along the 09aterline, of said ditch 50.06 feet, - thence Sol;Lth 44°B$'1,5" East along said centerline Of said ditokL 944.20 feet; thence South 8900210P East 459.53 feet to a poi�at on the East line 09 said section 10; tbe=ce said East line a of said section. 10 a cl South 00,127106" fest a:10nq - i6stance. of 849,80 feet to, the Southeast cox:aev Of said section 10, the RnAL P0117T or con-bl Aued 11/17/2004 15.56 FAX 3275514 TITLE DEPT X004 EXUBTT A. C©NTii�=' EXCRPTING THEREFROM the .following deecrIbOd PrOPex'tyl Begi=ing at a 518" rebar, at the southeast do=er of said geqtjen fid, std point bears South, 00027' 06° Weet 264647 feet from the. Eaa� quarter Gomer �� said Otaetier 10, gaid POiAt 91SO max%k'n ' the Centerline inte"eation of Ten Nils Rued aid VtaAklaA.RWAY theaee of Bald North $9040-129" Fest Franklin Road to 1558.62 feet along the oente:v1ine a points thence jeav#19 said. canterlime worth 0100801019 Eabt 1508.81 feet to a point on the southerly line of the Uh:L ;r. i aoific Rag road gaght of way; thence a1=9 said Southerly right of way lin!x Sough 0$e�3' 011 �a� 383.18 feet to a go�.�at; theme 7���b�� ��id Southerly right of way Ilue South 36°34'50'" Xast 50.06 feet to a point; thence ,gouth 44o52'1S11 Fast 944020 feat to a point,- thence 4 9 feet to a point on the centerline Of South 89002,09" East .�3 said Tex Mile Roact; thence along said CenterlinG South 00°27 P 06 " W6zt 849.79 feet to the Fbj%T OF BECI UGa 251 ARTICLES OF ORGANIZATION LIMITED LIABILITY COMPANY (Instructions on back of application) 1. The name of the limited liability company is: TEN MILE DEVELOPMM, 2. The address of the initial registered office is: ree , Meridian an r 642 and the name of the initial registered agent at that address is: Grave H. Wolfe, Sr. 3. The mailing address for future correspondence: 1409„E. 1st Street, Meridian. ID 83642 4. Management of the limited liability company will be vested in: Manager(s) [N or Members) ❑ . (please check the appropriate box) 5. If management is to be vested in one or more manager(s), list the name(s) and address(es) of at least one initial manager. If management is to be vested in the members, list the name(s) and addresses) of at least one initial member. Name A r ss r L Graye H. Wolfe, Sr. 1409 E. 1st Street Meridian, ID 83642 ring the limited liability company: a GK: 22303 M, 22105 DH; 317436 1 1 10#.#0 m 100. W ORGA# LLC # 2 U J J a 3(y m AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ) ss. COUNTY OF ADA ) I, Graye H. Wolfe., Sr. Manager of Ten Mile Development, LLC, 1409 N. Main Street, Meridian, Idaho 83642, being first duly sworn upon, oath, depose and say: That I am the record owner of the property described on the attached, and I grant my permission to: Engineering Solutions, LLP 1029 N. Rosario Place, Suite 100 Meridian, ID 83642 to submit the accompanying application(s) pertaining to that property. 2. 1 agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this day of aV� 2019. (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. KIMBERLY A MUCHOW Notary Public - State of Idaho Commission Number 53252 My Commission Expires Sep 22, 2020 Notary Public for Idaho , '� Residing at: �� C '1, My Commission Expires: 09 a -Da3 EM73 3 SCALE ,` ELEVATE FRANKLIN STORAGE DWG.DATE 09/14/14/18 PROJ. NO. 170509 LOT 1, BLOCK 1, UMBRIA SUBDIVISION SHEET 1 OF 1 LOCATED IN THE SE 1/4 OF SECTION 10 UN., R.M., B.M. 170509-VICIN.DWG bkb MERIDIAN, ADA COUNTY, IDAHO EfGINEERNG INOLUTIONS 1029 N. ROSARIO Sr., STE. 100 MERIDIAN, IDAHO 83642 Phone (208) 938-0980 Fax (208) 938-0941 CITY OF MERIDIAN PRE -APPLICATION MEETING NOTES Project/Subdivision Name: Elevate Storage Date: 6/12/19 Applicant(s)/Contact(s): Rick Stewart City Staff: Sonya Location: 3755 W Perugia St Size of Property: 3.53 Comprehensive Plan FLUM Designation: MHDR (TMISAP) Existing Use: vacant/undeveloped Existing Zoning: L-0 (R-15 approved through Rezone H-2018-0109) Proposed Use: self-service storage facility Proposed Zoning: NA Surrounding Uses: MFR church Street Buffer(s) and/or Land Use Buffer(s): 25' wide buffer required along Franklin & 10' buffer required along Perugia landscaped per the standards in UDC 11-36-7C Open Space/Amenities/Pathways: NA Access/Stub Streets: Access via Peruqia St Waterways/ Flood plain/Topography/Hazards: the Kennedy Lateral runs along west boundary: Council previously approved a waiver to History: AZ -05-016 (Silver Oaks DA #106002636 — requires CUP approval of all future development): CUP -05-024 (expired): FP -06- 011 (Lot 1 Block 1 Umbria Subdivision: MDA -10-011 (amended DA Inst. #111028916): H-2018-0109: H-2019-0034 (UDC text amendment) Additional Meeting Notes: ® Amend the DA provisions associated with the rezone (H-2018-0109) in accord with the recently approved text amendment for self- service storage facilities (H-2019-0034) — submit application on or prior to the expiration of the existing DA (i.e. June 18 2019) ® A neighborhood meeting is required to be held as set forth in UDC 11 -5A -6C and the property is required to be posted with a public hearing notice sign at least 10 days prior to the hearinq and proof of sign posting is required to be submitted to the City at least 7 days prior to the hearing as set forth in UDC 11 -5A -6D. ® Revise concept development plan/elevations as necessary to comply with UDC standards ® A separate conditional use permit is required for a self-service storage facility in the R-15 zoning district: comply with the specific use standards for "Self-service storage facility, residential" in UDC 11-4-3 as approved by Council with H-2019-0034 (neighborhood meeting & public hearing notice sign is required) Note: A Traffic Impact Study (TIS) will be required by ACHD for large commercial projects and any residential development with over 100 units. To avoid unnecessary delays & expedite the hearing process, applicants are encouraged to submit the TIS to ACHD prior to submitting their application to the City. Not having ACHD comments and/or conditions on large projects may delay hearing(s) at the City. Please contact Mindy Wallace at 387- 6178 or Christy Little at 387-6144 at ACHD for information in regard to a TIS, conditions, impact fees and process. Other Agencies/Departments to Contact: ❑ Ada County Highway Dist. (ACRD) ❑ Nampa Meridian Irrigation Dist. (NMID) ❑ ❑ Idaho Transportation Dept. (ITD) ❑ Settler's Irrigation District ❑ ❑ Republic Services ❑ Police Department ❑ ❑ Central District Health Department ❑ Fire Department ❑ Application(s) Required: ❑ Administrative Design Review ❑ Conditional Use Permit Mod ification/Transfer ❑ ❑ Alternative Compliance X Development Agreement Modification ❑ ❑ Annexation ❑ Final Plat ❑ ❑ City Council Review ❑ Final Plat Modification ❑ ❑ Comprehensive Plan Amendment — Map ❑ Planned Unit Development ❑ ❑ Comprehensive Plan Amendment — Text ❑ Preliminary Plat ❑ X Conditional Use Permit ❑ Private Street ❑ Public Works Department Building Department Parks Department Other: Rezone Short Plat Time Extension — Council UDC Text Amendment Vacation Variance Other Notes: 1) Applicants are required to hold a neighborhood meeting in accord with UDC 11 -5A -5C prior to submittal of an application requiring a public hearing (except for a vacation or short plat); and 2) All applicants for permits requiring a public hearing shall post the site with a public hearing notice in accord with UDC 11 -5A -5D.3 (except for UDC text amendments, Comp Plan text amendments, and vacations). The information provided during this meeting is based on current UDC requirements and the Comprehensive Plan. Any subsequent changes to the UDC and/or Comp Plan may affect your submittal and/or application. This pre -application meeting shall be valid for four (4) months. �■ Babcock Design .lune 17, 2019 Pear Property owner, Please disregard the letter you recently received which contained the incprrept date of the neighborhood meeting. Refer to the correct information below. The City of Meridian (Code §11 -5A -6.C) regpires that prior to subrrlittal of applipations, the applicant provide an oppof�NnitY for a meeting between the applicant of the proposal and the property owners within 300 feet. This is an invitation to a neighborhood meeting concerning property located west of N. Perugia Street and north of W. Franklin Road in Meridian, Ada County, Idaho. Enclosed is a vicinity map that shows the location of the property and a conceptual layout of the proposed mini -storage units. The neighborhood meeting will be held: WHEN: Monday, June 24, 2019, at 6:00 p.m. WHERE: Engineering Solutions Building (west of Blue Cross at Pine and Eagle) 1029 N. Rosario Street, Suite 100 Meridian, ID 83642 The applicant, Ten Mile Development LLC, will be requesting a modification to the development agreement and conditional use approval to construct a mini -storage facility on 2.74 +/- acres. The proposed name of the development is Elevate Self Storage - Franklin. If you have any questions concerning the application and cannot attend the meeting, please feel free to contact me at 208.424.7675 or email rick@babcockdesign.com. Sincerely, Rick Stewart Associate Architect Enclosure Boise 800 W. Main Street Suite 940 Boise, ID 83702 208.424.7675 1 Salt Lake City 52 Exchange Place SLC, UT 84111 801.531.1144 j babcockdesign.com COMMITMENT OF PROPERTY POSTING Per Unified Development Code (UDC) 11 -5A -5D, the applicant for all applications requiring a public hearing (except for a UDC text amendment, a Comprehensive Plan text amendment and/or vacations) shall post the subject property not less than ten (10) days prior to the hearing. The applicant shall post a copy of the public hearing notice of the application(s) on the property under consideration. The applicant shall submit proof of property posting in the form of a notarized statement and a photograph of the posting to the City no later than seven (7) days prior to the public hearing attesting to where and when the sign(s) were posted. Unless such Certificate is received by the required date, the hearing will be continued. The sign(s) shall be removed no later than three (3) days after the end of the public hearing for which the sign(s) had been posted. I am aware of the above requirements and will comply with the posting requirements as stated in UDC 11-5A-5. Applicant/agdit signature Date Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancity.org/planning E IMA�T�,�, Community Development - Department Date:2/1/18 Meridian City Hail, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 208.887.2211 The parcel information below has been researched and verified as correct by the City of Meridian Community Development Department. Project Name: Franklin Storage Parcel Number: 88778730011 Acres: 2.744 T/R/S: 3N 1W 10 Property Owner: Ten Mile Development LLC 1409 N. Main St. Meridian, ID 83642 Address Verification Rev: 04/23/12 EXHI HIT A Leg;a1 Deseriptinn for 1`011 Mile Devjopmeltt, I.€ C... North,A parcel of Land tieing a portion (1f ilte G4'11,2 of the SE ll�i of SeGrion 10, 7'0�yatslup 3 escri e(I as 1 1t �St. I3O35e 14feridlull, .Ada County, i'(1%1110, and more palticularjy desar1be11 as iitl(aNvs; C'olnmt ttcirl0 ;1t a V8 inch retial• marking( the SF Cornor of said Section l0, Lbence ainng " line ofsaid Section to, also hiN8()4()'2)"Wa(iscng the cen(rline or1~ranklin Road,lance of 1 551;.52 feet to a 518 inch rcbar being 1110 POINT DP BBOINNINQ, and from which a brass cap Marking tl(e S W C &MdOn 10 bears Nb`)"$0'20" W n distance of 1082.45 feet; ornar 0,f the NSEL 1.14 of said Thrace cn(itinuing 010119 said 5oulh line N891'40'2()"W a distance of 1,5(1.00 reet to c t/2 melt rebar; Thence leaving said South line No ()°(111'31" E a distance or.?3,tio feet io a point in the eentcrlipe Of the Kennelly Lateral; X'llcnce meandering along the centerline orsaid Kennedy Lateral tilt follplyir,�, caurScg 1911(1 distances: Thence N4'2"0' 2,q-' ,' a d;Stance 0r30().()f1 reef 10 a point; Ttlenae N It°15')n"1'V tt distance of 11)0.15 feet to a point; Thence 10aving die centerline el to a pint, f said Kennedy U' teras N0048'45" is a dist;tnce of 118,9() 'Tlsence 589 {ir)`1 7"g a disiunce o f 3-96.27 to a point, `fhcnce 501 08't b"Vi' to dlstanc� or4b4.47 feet to the P(: INT Olr BE(j NING, Said parcel contains tipproxinmtely 15 ,711 square feet or 3.53 acres, more or less art(1 is sttGject to All exist! 1 19 casements and rigllts-cif ways ofr'ecord or implied PLS 4431 A PORTION OF THE S 1/2 OF SECTION 10 TOWNSHIP 3 NORTH, RANGE 1 MT. 80ISE M1;RIDLUq ADA COUNTY, WAHO 2005 UNION PACIFIC RAILROAD 4 RAILROAD RIGHT-OF-WAY - NOO°13'01' E 87.61' -N43°22'29"W o) 99.57' �r t i 1\ RESIDENTIAL J *1,094,087 S.F. t�I3 25.12 AC, PLS 6901Lo t alcu I to �4 tn" °`� N4W48'45"E N 118.96' IV)p KENNEDY LATERAL h� 689°09'15"E t 396.27' 11 KE �w pal , o xY`'9 COMMERCIAL '00, ±1530711 ±153,711 S.F.. I 3 3153 AC. i MAR 2 It 2,005,, MEPIDIAN PUBLIC WORKS DEPT. N00°09131 "E 1� _ �R 1/4 ,CORNER, C.P.&F,No. 8951331 25-00' FRANKLIN ROAD Scale: 1 "=300' SECTION CORNER C.P.&F.No. 8725155 1558.52'- --• -- —1011 UNREADA6 E 15. 14 l -N 89'40'2.9" W 150,00' ............N89'40'29"W 2640.57=. ............... DETAIL FILENAME: 33-site_exhibit.dwg �a PINNA CE�:\A_CML\Ca46 ORAHW E BY: Engineers,I�.e, 12552 w, executive Dr., Svit9, Balsa, Idaho 03 (208) 68 887137.-7789 CREATION DATE: 03-14-05 CHECKED BY: REB mot -m (M2) xoy 1tC5-Y.f (F31 =<J 03f� E[t (GO:1 rc+i L99C8 q'IM1tPN3T 133NL5 NAW N fi0ht L>H8 G'Khy3n W 1315 -LS O'.MXi N 6201 LTi 'lli321LOL>lip 3121141 A»i�i{ .WJ3f3 H3NMOhd3dOl3A30 TO - Vi . a um -ccs z6 9 L>9P0 ®'ll>AR23N Iry Id 3.U5 0 OOI '315 "IS IXWSOtl l! 6ZOt g anJN�'.Lms rrca 'u/e»�mt k;:RII F 7i9MIY bll!17�AX��1jj]3ip�I 3$ A I(1 PS 3418 Q3[YJO ! °1 a` l'1V I QOWO k z w 51CSV3 JNlB>�3NIJN>� TII'IAKVIld HSVATIH 20 r; as I '3AV STRH 14 Yin 'N T � I I ___ ___+____________________ _____ _ °$I-----'8--- I---+TY=✓iti`='6-- __ __- ------ '----i----+------- ---------------------- t! ---1--------- b -------------- - 1 16,- �, p Z D LU OFV)o Z� NZ w Zo .< 02 LL ril "u /'I' I I f; I /I -I T,11: , I 01Imillgloo111111 i ,1 . rr m � ° Rom Hinos SRI NV]d 3dVDS4NVI dnD QIPP 6 1 1 E �N R wv 06:15:07 8TOZILIS sjiNn 39WOlS 31VA313 �IIANVd:] NV]d 3dVDS4NVI dnD QIPP 6 1 1 E �N R wv 06:15:07 8TOZILIS DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Ten Mile Development, LLC, Owner/Developer THIS DEVELOPMENT 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 Ten Mile Development, LLC, whose address is 1409 N. Main Street, Ste, 109, Meridian, Idaho 83642, hereinafter called OA NER/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 § 67-6511 A 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 1.3 WHEREAS, 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 a Development Agreement Modification for the property described in Exhibit "A" to be removed from previous Development Agreements (Instrument No. 106002636 and 4111028916) and for the re -zoning of 1.647 acres of land from L -O ( Limited Office) to R-15 (Medium High Density Residential) zoning district, under the Unified Development Code, which generally describes how the Property will 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 DEVELOPMENT AGREEMENT - ELEVATE FRANKLIN STORAGE (H-2018-0109) PAGE 1 OF 9 1.6 WHEREAS, the record of the proceedings for the requested development agreement modification and the re -zone 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 1.7 WHEREAS, on the 18th day of December, 2018, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), for the development agreement modification and the re- zoning of 3.5acres of land from the L -O zoning district to the R-15 zoning district, which have been incorporated into this Agreement and attached as Exhibit "B"; and 1.8 WHEREAS, Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.9 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on October 11, 2016, Resolution No. 16-1173, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to Ten Mile Development, LLC, 1409 N. Main Street, Ste., 109, Meridian, Idaho 83642, the party that owns and is developing said Property and shall include any subsequent owner(s)/developer(s) of the Property. DEVELOPMENT AGREEMENT - ELEVATE FRANKLIN STORAGE (H-2018-0109) PAGE 2 OF 9 3.4 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit "A" describing the parcel to be rezoned R-15 (Medium High Density Residential) zoning district and to be removed from existing Development Agreements recorded as Instrument #'s 106002636 and Amended Instrument #11102896 and be bound by this new Development Agreement. Exhibit "A" is attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Future development of the subject property shall be generally consistent with the conceptual development plan and elevations approved with H-2018-0109 and the provisions included herein. b. The storage facility is allowed to operate in conjunction with and as an accessory use to the multi -family development to the north (i.e. Silver Oaks) and shall only provide storage service for residents of the multi -family development. Providing storage service for non-residents (i.e. the general public) is prohibited. Existin renters can lease space for up to one (1) year after they move out of the multi- family development. c. The Developer/Owner shall comply with the specific use standards listed in UDC 11-4-3-34, Storage Facility, Self -Service, as follows: i. Storage units and/or areas shall not be used as dwellings or as a commercial or industrial place of business. The manufacture or sale of any item by a tenant from or at a self-service storage facility is specifically prohibited. ii. On site auctions of unclaimed items by the storage facility owners shall be allowed as a temporary use in accord with UDC 11-3E, Temporary Use Requirements. iii. If the use is unattended, the standards listed in UDC 11-3A-16, Self -Service Uses, shall apply as follows, "Entrance or view of the self-service facility shall be open to the public street or to adjoining businesses and shall have low impact security lighting." DEVELOPMENT AGREEMENT - ELEVATE FRANKLIN STORAGE (H-2018-0109) PAGE 3 OF 9 iv. All outdoor storage of material shall be maintained in an orderly manner so as not to create a public nuisance. Materials shall not be stored within the required yards. Stored items shall not block sidewalks or parking areas and may not impede vehicular or pedestrian traffic. v. The site shall not be used as a "vehicle wrecking or junk yard" as herein defined. vi. For any use requiring the storage of fuel or hazardous material, the use shall be located a minimum of one thousand feet (1,000) from a hospital. (Ord. 13- 1555, 5-14-2013) e. Provide a minimum of three (3) parking spaces on the site for employee and visitor parking. f. To preserve public safety, a fence shall be installed along the Kennedy Lateral to prohibit access to the waterway in accord with the standards listed in UDC 11 -3A - 6C.3. g. Six-foot tall wrought iron fencing is required to be constructed on the site along the Kennedy Lateral in accord with the standards listed in UDC 11-3A-6 and 1I - 3A -7. h. The hours of operation for the storage facility shall be limited to 6:00 am to 11:00 pm in accord with UDC 11-4-3-34E. i. All future structures shall comply with the design standards listed UDC 11-3A-19 and the Architectural Standards Manual, and the policies in the Ten Mile Interchange Specific Area Plan. 6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. DEVELOPMENT AGREEMENT -ELEVATE FRANKLIN STORAGE (H-2018-0109) PAGE 4 OF 9 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 7.2, Owner/Developer shall be deemed to have consented to modification of this Agreement and de -annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner/Developer agree to provide, if required by the City. DEVELOPMENT AGREEMENT - ELEVATE FRANKLIN STORAGE (H-2018-0109) PAGE 5 OF 9 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City, or sufficient surety of performance is provided by Owner/Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 OWNER/DEVELOPER: Ten Mile Development, LLC 1409 N. Main Street, Ste., 109 Meridian, Idaho 83642 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor DEVELOPMENT AGREEMENT - ELEVATE FRANKLIN STORAGE (H-2018-0109) PAGE 6 OF 9 owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer have fully performed their obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re -zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] DEVELOPMENT AGREEMENT -ELEVATE FRANKLIN STORAGE (H-2018-0109) PAGE 7 OF 9 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: Ten Mile Development, LLC go CITY OF MERIDIAN ATTEST: Mayor Tammy de Weerd C.Jay Coles, City Clerk DEVELOPMENT AGREEMENT -ELEVATE FRANKLIN STORAGE (H-2018-0109 PAGE 8 OF 9 STATE OF IDAHO ss: County of Ada, On this day of , 2019, before me, the undersigned, a Notary Public in and for said State, personally appeared known or identified to me to be the of Ten Mile Development, LLC, the person who signed above and acknowledged to me that she executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) STATE OF IDAHO ss County of Ada Notary Public for Idaho Residing at: My Commission Expires: On this day of , 2019, before me, a Notary Public, personally appeared Tammy de Weerd and C.Jay Coles, know or 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. (SEAL) Notary Public for Idaho Residing at: Commission expires: DEVELOPMENT AGREEMENT -ELEVATE FRANKLIN STORAGE (H-2018-0109) PAGE 9 OF 9 IR -15 REZONE DESCRIPTION CLOSURE SHEET 19/26/2018 I Scale: 1 inch= 63 feet (File: Tract 1: 3.4965 Acres (152308 Sq. Peet), Closure: n00.0000e 0.00 ft. (1/437609), Perimeter=1640 ft. 01 n89.3609w 149.79 08 s01.1222w 464.86 02 n00.2351e 25 03 n41.5915w 300.04 04 n41.1115w 190.4 05 n48.4838e 72.36 06 Rt, r=100.00, delta=041.1114, chord=n69.2415e 70.35 07 n89.5952e 365.19 EXHIBIT B CITY OF MERIDIAN E IDIAN%-" FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Modification to the Existing Development Agreement to Remove the Subject Property from the Agreement; and a Rezone of 3.53 Acres of Land from the L -O to the R-15 Zoning District for Elevate Franklin Storage, by Ten Mile Development, LLC. Case No(s). H-2018-0109 For the City Council Hearing Date of. December 4, 2018 (Findings on December 18, 2018) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of December 4, 2018, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of December 4, 2018, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 4, 2018, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of December 4, 2018, 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 § 1 I -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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0109 - I - Meridian City Council Meeting Agenda December 18, 2018 — Page 148 of 702 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of December 4, 2018, incorporated by reference. The conditions are concluded to 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 a modification to the development agreement and rezone with the requirement of a new development agreement is hereby approved per the provisions in the Staff Report for the hearing date of December 4, 2018, 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 December 4, 2018 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0109 -2- Meridian 2 -Meridian City Council Meeting Agenda December 18, 2018 — Page 149 of 702 By action of the City Council at its regular meeting held on the day of 2018. COUNCIL PRESIDENT JOE BORTON VOTED COUNCIL VICE PRESIDENT LUKE CAVENER VOTED COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED —' COUNCIL MEMBER TY PALMER VOTED —)vCOUNCIL MEMBER TREG BERNT VOTED COUNCIL MEMBER GENESIS MILAM VOTED 1 MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor Tammy de eerd Attest: 04- o� (ley uI �.t ay Col ,y City Cleric F mak, Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By; Dated: I Q-A 6 - t City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0109 - 3 - EXHIBIT A STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT DATE: 12/4/2018 TO: City Council FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Elevate Franklin Storage H-2018-0109 PROPERTY LOCATION: 3755 W. Perugia Street I. PROJECT DESCRIPTION E The Applicant Applicant has submitted an application for a modification to the existing Development Agreement (Instrument No. 106002636) to remove the subject property from the agreement; and a rezone of 3.53 acres of land from the L -O to the R-15 zoning district. A rezone is requested for the development of an accessory self-service storage facility for the existing multi -family development to the north (i.e. Silver Oaks). H. SUMMARY OF REPORT A. Project Summary Acreage Future Land Use Designation Existing Land Use Proposed Land Use(s) Current Zoning Proposed Zoning Lots (# and type; bldg/common) Phasing plan (# of phases) Physical Features (waterways, hazards, flood plain, hillside) Neighborhood meeting date; # of attendees: Details 3.53 MHDR (TMISAP) Vacant/undeveloped Self-service storage facility (accessory use to the multi- family development to the north) L -O R-15 NA 1 Kennedy Lateral runs along west boundary of site 07/25/2018; no attendees Page 1 Meridian City Council Meeting Agenda December 18, 2018 — Page 151 of 702 History (previous approvals) B. Community Metrics Details AZ -05-016 (Silver Oaks DA #106002636 — requires CUP approval of all future development); CUP -05-024 (expired); FP -06-011 (Lot 1, Block 1, Umbria Subdivision; MDA -10-011 (amended DA Inst. #111028916) Description I Details Page Ada County Highway District Staff report (yes/no) Requires ACHD Commission Action (yes/no) Access (Arterial/Collectors/State Hwy/Local)(Existing and Proposed) Traffic Level of Service Stub Street/Interconnectivity/Cross Access Existing Road Network Existing Arterial Sidewalks / Buffers Proposed Road Improvements No No Proposed access via W. Perugia St. (local street); secondary emergency access via N. Umbria Hills Ave. (local street) NA Fire Service No comment Police Service No comment Wastewater No comment Water No comment COMPASS (Communities in Motion No Comments received 2040) Page 2 Meridian City Council Meeting Agenda December 18, 2018 — Page 152 of 702 C. Project Area Maps Future Land Use Map Legend Project Location F Civic TM MLI -Res Zoning Map R=41 Legend R-15 Project Location C -N -.. I Wo. - R-151- - 15--0 R 0 L WETN-C C -C 0 0 III. APPLICANT INFORMATION A. Applicant Ten Mile Development, LLC 1409 N. Main St., Ste. 109 Meridian, ID 83642 B. Owner: Same as Applicant C. Representative: Becky McKay, Engineering Solutions, LLP Aerial Map Planned Development Map n Page 3 Meridian City Council Meeting Agenda December 18, 2018 — Page 153 of 702 1029 N. Rosario St., Ste. 100 Meridian, ID 83642 IV. NOTICING A. Newspaper notification published on: 10/12/2018 (Commission); 11/16/2018 (City Council B. Radius notice mailed to properties within 300 feet on: 10/9/2018 (Commission); 11/13/2018 (City Council) C. Applicant posted notice on site on: 10/21/2018 (Commission); 11/24/2018 (City Council) D. Nextdoor posting: 10/9/2018 (Commission); 11/13/2018 (City Council) V. STAFF ANALYSIS A. Comprehensive Plan Policies: Per the TMISAP, medium-high density residential designated areas are recommended primarily for relatively dense multi family housing types, such as row houses, townhouses, condominiums and apartment buildings and complexes. They should include a mix of housing types that achieve an overall average density target of 12 units per gross acre. Although primarily a residential designation, a limited amount of other land use types are also located in MHDR areas (see pgs.3- 6 and 3-7 in the TMISAP for more information). "Require appropriate landscaping and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.)." (3.06.02F) "Restrict private curb cuts and access points on collectors and arterial streets." (3.06.02D) "Require screening and landscape buffers on all development requests that are more intense than adjacent residential properties." (3.06.01G) "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (3.01.01 F) "Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets)." (3.03.020) B. Existing Structures/Site Improvements: None C. Existing Zoning L -O D. Proposed Zoning/Use R-15; self-service storage facility — accessory to the adjacent multi -family development (i.e. Silver Oaks to the north) (only allowed as an accessory use) E. Dimensional Standards: See UDC Table 11-2A-7 http://www.sterlingcodifiers.coin/codebook/index.php?book id=306 F. Specific Use Standards: The proposed use is subject to the following standards: "11-4-3-34: STORAGE FACILITY, SELF-SERVICE: Page 4 Meridian City Council Meeting Agenda December 18, 2018 — Page 154 of 702 A. Storage units and/or areas shall not be used as dwellings or as a commercial or industrial place of business. The manufacture or sale of any item by a tenant from or at a self-service storage facility is specifically prohibited. B. On site auctions of unclaimed items by the storage facility owners shall be allowed as a temporary use in accord with UDC 11-3E, Temporary Use Requirements. C. The distance between structures shall be a minimum of twenty five feet (25'). complies D. The storage facility shall be completely fenced, walled, or enclosed and screened from public view. Where abutting a residential district or public road, chainlink shall not be allowed as fencing material. The facility will be completely screened from public view by the rear of the structures. E. If abutting a residential district, the facility hours of public operation shall be limited to six o'clock (6:00) A.M. to eleven o'clock (11:00) P.M. F. A minimum twenty five foot (25') wide landscape buffer shall be provided where the facility abuts a residential use, unless a greater buffer width is otherwise required by this title. Landscaping shall be provided as set forth in subsection I 1-313-9C of this title. NA G. If the use is unattended, the standards in accord with section 11-3A-16, "Self -Service Uses", of this title shall also apply. H. The facility shall have a second means of access for emergency purposes. complies I. All outdoor storage of material shall be maintained in an orderly manner so as not to create a public nuisance. Materials shall not be stored within the required yards. Stored items shall not block sidewalks or parking areas and may not impede vehicular or pedestrian traffic. J. The site shall not be used as a "vehicle wrecking or junk yard" as herein defined. K. For any use requiring the storage of fuel or hazardous material, the use shall be located a minimum of one thousand feet (1,000) from a hospital. (Ord. 13-1555, 5-14-2013)" G. Concept Plan: A concept plan was submitted that depicts an indoor storage facility with several different sizes of storage units ranging in size from 5' x 5' to 10' x 20'. H. Access: Access via W. Perugia St.; secondary emergency access via N. Umbria Hills Ave. In accord with UDC 11 -3A -3A and the Comprehensive Plan, Staff recommends a road trust is submitted to ACHD for half the cost of construction of a bridge over the Kennedy Lateral and extension of W. Perugia Street to the west to Parcel #5121034712; the road trust should be submitted to ACRD prior to issuance of the first building permit for the proposed development. Note: With Umbria Subdivision, a similar road trust was required of the Applicant that was held for several years but eventually released by ACHD. Staff anticipates the property to the west developing in the near future and with the road trust, construction of the bridge could occur. I. Parking: Per UDC 11 -3C -6B.1, parking is based on gross floor area of office space for self-service storage facilities. An 800 square foot office is proposed, therefore, a minimum of one (1) parking space is required; two (2) spaces are proposed with one of those being an ADA space. Because an employee will likely use one of those spaces and a visitor may not be able to use the ADA space, Page 5 Meridian City Council Meeting Agenda December 18, 2018 — Page 155 of 702 Staff recommends at least one (1) additional space is provided for a minimum of 3 total spaces. The associated multi family development is currently experiencing issues with parking due to residents using the garages for storage rather than parking. The proposed accessory storage should provide for the storage needs of residents and free up garage space for parking, which should reduce parking issues within the multi family development. J. Sidewalks: Five-foot wide attached sidewalks exist along W. Perugia St. and N. Umbria Hills Ave.; a 5 -foot wide detached sidewalk exists along W. Franklin Rd. K. Pathways: None required L. Landscaping A 10 -foot wide street buffer is required to be constructed along N. Umbria Hills Ave. and W. Perugia St., both local streets; and a 25 -foot wide buffer is required along W. Franklin Rd., an arterial street, as set forth in UDC Table 11-2A-7. Landscaping is required to be provided within the buffers as set forth in UDC 11 -3B -7C. The proposed landscape plan is in compliance with the aforementioned standards. M. Waterways: The Kennedy Lateral runs along the west boundary of this site. The City Council previously approved a waiver to UDC 11-3A-6 to allow the lateral to remain open and not be piped (FP -06- 011). N. Fencing: All fencing is required to comply with the standards listed in UDC 11-3A-6 and 11-3A-7. Fencing is not depicted on the plan. To preserve public safety, Staff recommends fencing is installed along the Kennedy Lateral to prohibit access to the waterway in accord with the standards listed in UDC 11 -3A -6C.3. Further, Staff recommends 6 -foot all wrought iron fencing is provided consistent with that to the north installed with the multi -family development. O. Utilities VI. DECISION A. Staff. Staff recommends approval of the proposed development agreement modification and rezone with the requirement of a new development agreement including the provisions in Section VIII of this report. B. Commission Recommendation to Council The Meridian Planning & Zoning Commission heard this item on November 1, 2018. At the public hearing, the Commission moved to recommend approval of the subject RZ request. a. Summary of Commission Public Hearing: i. In favor: Becky McKay, Engineering Solutions (Applicant's Representative); Heath Quist; Jesse Bennett ii. In opposition: None in. Commenting: Mike Green Page 6 Meridian City Council Meeting Agenda December 18, 2018 — Page 156 of 702 iv. Written testimony: None L. Staff presenting application: Sonya Allen A Other staff commenting on application: None b. Key issue(s) of Public Testimony: L In favor of the storage facility in close proximity to the apartments. L. Key Issues of Discussion by Commission: L Whether or not the Applicant should be required to construct or contribute to the cost of construction of the bridge/culvert across the Kennedy Lateral; ii. The time frame in which residents of the multi -family development can leave their items in the storage facility after they move out. d. Commission Change(s) to Staff Recommendation: L Strike condition #2e requiring a road trust to be submitted to ACHD for half the cost of construction of a bridge over the Kennedy Lateral; ii. Condition #2b - Include an allowance for existing renters to lease space for up to one (1) year after they move out of the multi -family development; W. Include a requirement for the Developer to work with the adjacent property owner to the west to come up with a cost share agreement for construction of a bridge/culvert over the Kennedy Lateral prior to the Council hearing (see condition #A.2.k); iv. Modify condition #B.2 to allow the sewer and water easements to be submitted and reviewed along with the development plan approval rather than with the plat since there is not plat; v. Modify condition #B.3 to exclude the Kennedy Lateral from the requirement for irrigation facilities to be piped. e. Outstanding Issues) for City Council: L Cost share agreement with the adjacent property owner to the west for construction of a bridge/culvert across the Kennedy Lateral. The Commission directed the applicant to come up with an agreement with the adjacentproperty owner prior to the Council hearing. The Meridian City Council heard these items on December 4, 2018, At the public hearing. the Council approved the subject MDA and RZ requests. �. Summary CitX C'nuncil Public Hearing: L avor: Becky McKay, Engineering Solutions (representing the AUpljCanti: Grave _ Wolfe L In onposjtion: None jj, Commenting: None jjL Written testimony: James Doolin Land Development Partners, representinu property owner to the west (declined a cost share agreement for construction of the crossing over the Kennedy Laterall jy, Staff presenting application: Sonya Allen, Caleb Hood Y, Other staff commenting on application: None lt. Key issues) of Public Testimony: L Applicant would like the ability to rent storage units to the general public as well as residents of the multi -family development to the north: Key Issues of Discussion by Council: L A stand-alone storage facility isn't allowed in the p&oposed R-15 district nor js it contemplated in the TMISAP: ii, An amendment to the TMISAP and/or man and rezone would be necessary for a stand-alone storage facility on this site. I )may Council Changes to Staff/Commissian Recommendation Page 7 Meridian City Council Meeting Agenda December 18, 2018 — Page 157 of 702 L None VII. EXHIBITS A. Site Plan FIRR ANKUtN STORAGE UNITS item. wsaswa I �. seuuu� ¢ono J Page 8 Meridian City Council Meeting Agenda December 18, 2018 — Page 158 of 702 7 B. Landscape Plan G. V, WKWAFE NOM 6t 6rMff!l FM COMM LAMSCAM NQTKI- WM:. Page 9 Meridian City Council Meeting Agenda December 18, 2018 — Page 159 of 702 C. Building Elevations FRANKUNS ORAGEUNffS 1 Page 10 Meridian City Council Meeting Agenda December 18, 2018 — Page 160 of 702 D. Legal Description & Exhibit Map for Rezone Boundary REZONE LEGAL DESCRIPTION FOR R-15 ZONE UMBRIA SUBDIVISION Lot 1, Block 1 of Umbria Subdivision as filed in Book 101 of Plats at pages 13,200 through 13,204, records of Ada County, Idaho and a portion of the SW 114 of the SE 114 Section 10, T.3N,, R.1W., B.M.. Meridian, Ada County, Idaho more particularly described as follows: Commencing at the SE corner of said Section 10 from wh4h the S 114 corner of said Section 10 bears North 89'36'09" West, 2640,84 feet; thence along the South boundary line of said Section 10 North 89'36'09" West, 1558.90 feet to the SE corner of said Umbria Subdivision, point also being the REAL POINT OF BEGINNING; thence alorg the exterior boundary line of said Umbria Subdivision for the following 4 courses and distances: thence North 89"36'09" West, 149.79 feet; thence North 00023'51" East, 25,00 feet; thence North 41'69'15" West, 300.04 feet; thence North 41'11'16" West, 190.40 feet to a point on the centerline of W. Perugia Street, thence along the centerline of W. Perugia Street the following 3 courses and distances; thence North 48'48'38" East, 72-36 feet; thence 71,89 feet along the arc of a curve to the right, said curve having a radius of 100.00 feet, a central angle of 41 "Il 1'14" and a long chord which burs North 69°24'15"' East, 70.35 feet; thence North 85"59"52" East, 366.19 feet to a point on the East boundary line of said Umbria Subdivision thence along said East boundary lire South 01012'22" West, 464,86 feet to the REAL POINT OF BEGINNING, Containing 3,50 acres, more or less, Page 11 Meridian City Council Meeting Agenda December 18, 2018 — Page 161 of 702 S.10 932.15' FRANKLIN RD. N89'36'09'W 284-0,84' S.15 BASIS OF BF-ARING x 772 of A YG,C 25 0 50 200 SCALE: 1 100' 0 rr U.1 zi '10 S-11— S.15 S,14 pm IDAHO EXHIBIT — DRAWING FOR OSSW E%4FRKDST R-15 REZONE SURVEY UMBRIA SUBDIVISION GROUP, LLC LOWED N THE SW 1/* OF SC 114 SECTIM 10, TW, RAV� D.M'� MEMIAN, ADA COUNTT, WHO Page 12 Meridian City Council Meeting Agenda December 18, 2018 — Page 162 of 702 M"00 0/26/208 VIII. CITY/AGENCY COMMENTS A. Planning Division 1. The existing Development Agreement (Inst. #106002636, amended Inst. #111028916) shall be revised to exclude the subject property from the agreement. 2. A new Development Agreement (DA) is required as a provision of the rezone of this property. Prior to rezone 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 and Design Review application will not be accepted until the Ordinance and DA 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 the rezone for approval by City Council and subsequent recordation. The DA shall, at a minimum, incorporate the following provisions: a. Future development of the subject property shall be generally consistent with the conceptual development plan and elevations approved with H-2018-0109 and the provisions included herein. b. The storage facility is allowed to operate in conjunction with and as an accessory use to the multi -family development to the north (i.e. Silver Oaks) and shall only provide storage service for residents of the multi -family development. Providing storage service for non-residents (i.e. the general public) is prohibited. Existing_ renters can lease space for up to one 1) year after they move out of the multi -family development. c. The Developer/Owner shall comply with the specific use standards listed in UDC 11- 4-3-34, Storage Facility, Self -Service, as follows: i. Storage units and/or areas shall not be used as dwellings or as a commercial or industrial place of business. The manufacture or sale of any item by a tenant from or at a self-service storage facility is specifically prohibited. ii. On site auctions of unclaimed items by the storage facility owners shall be allowed as a temporary use in accord with UDC 11-3E, Temporary Use Requirements. iii. If the use is unattended, the standards listed in UDC 11-3A-16, Self -Service Uses, shall apply as follows, "Entrance or view of the self-service facility shall be open to the public street or to adjoining businesses and shall have low impact security lighting." iv. All outdoor storage of material shall be maintained in an orderly manner so as not to create a public nuisance. Materials shall not be stored within the required yards. Stored items shall not block sidewalks or parking areas and may not impede vehicular or pedestrian traffic. v. The site shall not be used as a "vehicle wrecking or junk yard" as herein defined. vi. For any use requiring the storage of fuel or hazardous material, the use shall be located a minimum of one thousand feet (1,000') from a hospital. (Ord. 13-1555, 5-14-2013) Page 13 Meridian City Council Meeting Agenda December 18, 2018 — Page 163 of 702 e. Submit a read tFust to AC14D for- half the eest of eenstfuetien of a bridge ever the Kennedy b prior -r * a o fW von,gi St- feet tn_issuanee of the first building peffnit for- the development. f. Provide a minimum of three (3) parking spaces on the site for employee and visitor parking. g. To preserve public safety, a fence shall be installed along the Kennedy Lateral to prohibit access to the waterway in accord with the standards listed in UDC l 1 -3A - 6C.3. h. Six-foot tall wrought iron fencing is required to be constructed on the site along the Kennedy Lateral in accord with the standards listed in UDC 11-3A-6 and 11-3A-7. i. The hours of operation for the storage facility shall be limited to 6:00 am to 11:00 pin in accord with UDC 11-4-3-34E. j. All future structures shall comply with the design standards listed UDC 11-3A-19 and the Architectural Standards Manual, and the policies in the Ten Mile Interchange Specific Area Plan. k.west4weome Kennedv Later -a! prior to the Git-v Gouneffjwafift. The adiacent Property owner declined participatiniv in a cost share a,Qreen:ent B. Public Works Department 1. Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way for review along with the development plan review (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 -net be deaieatoa vi the plat, but r -a the dedicated using the City of Meridian's standard forms. -T -he easement shall b „Mially aepietoa o the plat for Fefer-enee 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 pla .or-eneing this doe ment. All easements must be submitted, reviewed, and approved prior to development plan approval. 3. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being developed shall be tiled per UDC 11-3A-6 except for the Kennedy Lateral which Council previously allowed to remain open through a waiver to UDC 11-3A-6 (FP -06-011). In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Page 14 Meridian City Council Meeting Agenda December 18, 2018 — Page 164 of 702 4. 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. 5. 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. 6. Street signs are to be in place, water system shall be approved and activated, and at a minimum, a compacted gravel road base shall be in place prior to applying for building permits. 7. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. 8. 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. 9. 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. 10. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 11. Developer shall coordinate mailbox locations with the Meridian Post Office. 12. All grading of the site shall be performed in conformance with MCC 11-12-3H. 13. 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. 14. 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 ACRD. 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. 15. 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. 16. 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 887-2211. C. Department of Environmental Quality (DEQ): http •//weblink.meridiancity.org[W ebLink8/DocView. aspx?id=15 6415 &dbid=0 D. Idaho Transportation Department (ITD): http://weblink meridiancityorg/weblink8/0/doc/156918/Pagel.aspx Page 15 Meridian City Council Meeting Agenda December 18, 2018 — Page 165 of 702 E. Ada County Highway District (ACHD): http•//weblink meridiancityorg/WebLink8/DocView.aspx?id=157495&dbid=0 IX. FINDINGS Annexation/Rezone (UDC 11 -5B -3E): 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 City Council finds the proposed map amendment from L -O to R-15 is consistent with the MHDR FL UM designation and the applicable provisions in the Comprehensive Plan as noted in Section VI. B. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds the proposed map amendment complies with the regulations for the proposed R-15. C. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds the proposed map amendment should not be detrimental to the public health, safety and welfare. 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 City Council finds the proposed map amendment will not result in an adverse impact on delivery of services as stated. E. The annexation (as applicable) is in the best interest of city. This finding does not apply since the application is for a rezone, not annexation. Page 16 Meridian City Council Meeting Agenda December 18, 2018 — Page 166 of 702