Z - Findings Elevate Self Storage Facilities H-2019-0072CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2019-0072
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CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER
In the Matter of the Request for a Modification to the Terms of the Draft Development Agreement
approved with Elevate Franklin Storage Rezone (File No. H-2018-0109) in Accord with the
Recently Approved Self-service Storage Facilities, Residential Text Amendment, by Ten Mile
Development, LLC.
Case No(s). H-2019-0072
For the City Council Hearing Date of: July 23, 2019 (Findings on August 6, 2019)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of July 23, 2019, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of July 23, 2019, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of July 23, 2019,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of July 23, 2019, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use
Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the
Community Development Department, the Public Works Department and any affected party
requesting notice.
Meridian City Council Meeting Agenda August 6, 2019 – Page 170 of 400
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2019-0072
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7. That this approval is subject to the provisions listed in the attached Staff Report for the hearing
date of July 23, 2019, 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 development agreement modification is hereby approved per the
provisions in the Staff Report for the hearing date of July 23, 2019, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-6511A. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
A development agreement may be modified by the city or an affected party of the development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved, said development agreement shall be signed by the
property owner(s) and returned to the city within six (6) months of the city council granting the
modification.
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the city if filed prior to the end of the six (6) month approval
period.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Attached: Staff Report for the hearing date of July 23, 2019
Meridian City Council Meeting Agenda August 6, 2019 – Page 171 of 400
By action of the City Council at its regular meeting held on the day of A
2019.
COUNCIL PRESIDENT JOE BORTON VOTED �
COUNCIL VICE PRESIDENT LUKE CAVENER VOTED
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED \
COUNCIL MEMBER TY PALMER VOTED
COUNCIL MEMBER TREG BERNT VOTED A -y Q
COUNCIL MEMBER GENESIS MIL,AM VOTED
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
Mayor Tammy de Weerd
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By: Dated:
City Clerk' ice
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2019-0072 EIeVab Fran t(jV1
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EXHIBIT A
Page 1
HEARING
DATE:
7/23/2019
TO: Mayor & City Council
FROM: Sonya Allen, Associate Planner
208-884-5533
SUBJECT: H-2019-0072
Elevate Franklin Storage
LOCATION: 3755 W. Perugia St.
(SE ¼ of Section 10, T.3N., R.1W.)
I. PROJECT DESCRIPTION
Request for a modification to the terms of the (not yet recorded) Development Agreement approved
with H-2018-0109 in accord with the recently approved UDC text amendment pertaining to self-
service storage facilities (H-2019-0034).
II. APPLICANT INFORMATION
A. Applicant:
Ten Mile Development, LLC – 1409 N. Main St., Meridian, ID 83642
B. Owner:
Same as Applicant
C. Representative:
Becky McKay, Engineering Solutions, LLP – 1029 N. Rosario St., Ste. 100, Meridian, ID 83642
III. NOTICING
City Council
Posting Date
Legal notice published in
newspaper 7/5/2019
Radius notice mailed to
properties within 300 feet 7/2/2019
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
Meridian City Council Meeting Agenda August 6, 2019 – Page 173 of 400
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Public hearing notice sign posted 7/13/2019
Next Door 7/2/2019
IV. STAFF ANALYSIS
Since City Council’s approval of the rezone (H-2018-0109) of this property last year to the R-15
district for the development of a self-service storage facility, the UDC (11-4-3-34, Self-Service
Storage Facility) has been amended to allow for residential storage facilities with different specific
use standards than commercial facilities (see below). The development agreement provisions
approved with the rezone applied to commercial facilities; therefore, the Applicant proposes a
modification to the provisions in accord with the recently approved specific use standards as shown in
Section VI.
Note: The Applicant has submitted a conditional use permit application for the storage facility that is
currently in process and is scheduled to be heard by the Commission on August 15th.
11-4-3-47: SELF-SERVICE STORAGE FACILITY, RESIDENTIAL
A. The facility is encouraged to accompany or be a component of a single-family or multi-family
residential development with a conditional use permit in an R-15 or R-40 zone.
B. The size of the facility shall be limited to thirty five percent (35%) of a residential development
not to exceed a maximum of eight (8) acres.
C. 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.
D. The hours of operation shall be limited to six o’clock (6:00) a.m. to ten o’clock (10:00) p.m.
E. The use shall be limited to individual storage compartments which shall be used for residential
related personal property including vehicles.
F. Storage units 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 residential storage facility is
specifically prohibited.
G. The distance between structures shall be a minimum of twenty-five feet (25’). The maximum
height of the buildings shall not exceed 35 feet.
H. The storage facility shall be fully enclosed and screened from public view.
I. A minimum twenty-foot (20’) wide landscape buffer shall be provided along a collector or local
road and a twenty-five-foot (25’) wide buffer adjacent to residential development. Landscaping
shall be provided as set forth in subsection 11-3B-7C and 11-3B-9C of this title.
J. The facility shall have a second means of access for emergency purposes approved by the
Meridian Fire Department.
K. No outside storage area shall be allowed. Materials shall not be stored within the required yards.
L. Buildings shall be designed to 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.
M. Signage for the facility shall comply with Section 11-3D-8C, “Residential Signs in Residential
Districts,” of this title.
Meridian City Council Meeting Agenda August 6, 2019 – Page 174 of 400
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N. 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 Use
Requirements.” The hours of the on-site auctions shall be limited to daylight hours (sunrise and
sunset) and specified on the temporary use permit application submitted to the Clerk’s office.
O. 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 also include a
security plan for the proposed facility.
P. No storage of fuel or hazardous materials shall be allowed.
Q. The site shall not be used as a “vehicle wrecking or junk yard” as herein defined in Section 11-
1A-1.
V. DECISION
A. Staff:
Staff recommends approval of the proposed MDA per the provisions in Section VI.
B.
Council:
The Meridian City Council heard this item on July 23, 2019. At the public hearing, the
Council voted to approve the subject MDA request.
1. Summary of the City Council public hearing:
a. In favor: Becky McKay
b. In opposition: None
c. Commenting: Dale Newberry and Gail Bordenkircher
d. Written testimony: None
e. Staff presenting application: Bill Parsons
f. Other Staff commenting on application: None
2. Key issue(s) of public testimony:
a.
b.
Access to the development.
Hours of operation.
3. Key issue(s) of discussion by City Council:
a. None
4. City Council change(s) to Staff Recommendation:
a. None
Meridian City Council Meeting Agenda August 6, 2019 – Page 175 of 400
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VI. EXHIBITS
A. Development Agreement Provisions
Note: The existing provisions are noted in normal text; Staff’s recommended additional/revised
provisions are noted in underline/strike-out format; Staff’s comments are noted in italic text.
1. 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 applicant shall obtain conditional use permit approval for a residential storage
facility.
c. 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.
d. The Developer/Owner shall comply with the specific use standards listed in UDC 11-
4-3-34 11-4-3-47, Storage Facility, Self-Service Self-Service Storage Facility,
Residential, 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)
e. Provide a minimum of three (3) parking spaces on the site for employee and visitor
parking.
Meridian City Council Meeting Agenda August 6, 2019 – Page 176 of 400
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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 11-3A-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 development agreement modification or
it is null and void.
Meridian City Council Meeting Agenda August 6, 2019 – Page 177 of 400