HomeMy WebLinkAboutLinder Condos MDA H-2023-0074 ADA COUNTY RECORDER Trent Tripple 2024-024264
BOISE IDAHO Pgs=47 VICTORIA BAILEY 05/08/2024 08:44 AM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Greg Herman, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this
7th day of May ,2024,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 Greg Herman, whose address is 300 N. Linder Road, Meridian, ID, 83642,
hereinafter called OWNER/DEVELOPER.
1. RECITALS:
1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of
land in the County of Ada, State of Idaho, described in Exhibit "A", which is
attached hereto and by this reference incorporated herein as if set forth in full,
herein after referred to as the Property; and
1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance,
require or permit as a condition of zoning that the Owner and/or 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 11-5B-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 submitted an application for annexation and
zoning of 0.98 acres of land with a request for the I-L(Light Industrial)zoning
district on the property as shown in Exhibit "A" 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 submitted a subsequent request for
modification to the Development Agreement prior to execution of the original
Development Agreement to allow additional uses on the Property and update
the conceptual development plan and building elevations; and,
1.6 WHEREAS, Owner/Developer made representations at the public hearings
before Planning and Zoning Commission and the Meridian City Council as to
how the Property will be developed and what improvements will be made; and
1.7 WHEREAS, the record of the proceedings for requested rezoning held before
Planning and Zoning Commission and the City Council includes responses of
DEVELOPMENT AGREEMENT—LINDER STORAGE CONDOS(H-2022-009])/LINDER CONDOS MDA H-2023-0074
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government subdivisions providing services within the City of Meridian
planning jurisdiction and includes further testimony and comment; and
1.8 WHEREAS, on the 20th day of June, 2023, the Meridian City Council
approved certain Findings of Fact and Conclusions of Law and Decision and
Order ("June 20, 2023 Findings") with respect to the original Development
Agreement application,which have been incorporated into this Agreement and
attached as Exhibit`B"; and
1.9 WHEREAS, on the 26th day of March, 2024, the Meridian City Council
approved certain Findings of Fact and Conclusions of Law and Decision and
Order("March 26,2024 Findings")with respect to the request for modification
to the original Development Agreement, which have been incorporated into
this Agreement and attached as Exhibit"C"; and
1.10 WHEREAS, the Owner/Developer is required to enter into a Development
Agreement before the City Council takes final action on final plat; and
1.11 WHEREAS, Owner/Developer deem 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
1.12 WHEREAS, City requires the Owner/Developer to enter into a development
agreement for the purpose of ensuring 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 is in accordance
with the amended Comprehensive Plan of the City of Meridian on December
19, 2019, Resolution No. 19-2179, 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 Greg Herman,whose address
is 300 N. Linder Road, Meridian, Idaho, 83642, hereinafter called
DEVELOPMENT AGREEMENT—LINDER STORAGE CONDOS(H-2022-0091)/LINDER CONDOS MDA H-2023-0074
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OWNER/DEVELOPER, the party that owns and is developing said Property
and shall include any subsequent owner(s)/developer(s) of the Property.
3.3 PROPERTY: means and refers to that certain parcel(s) of Property located
in the County of Ada, City of Meridian as in Exhibit "A" describing a parcel
to bound by this Development Agreement and 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 this site shall be generally consistent with the conceptual
development plans included in Section VIII of the Staff Report attached to the
June 20, 2023 Findings, as modified by Section VII of the Staff Report attached
to the March 26, 2024 Findings; Unified Development Code standards; design
standards in the Architectural Standards Manual; and the provisions contained
herein.
b. Comply with the specific use standards for warehouse facilities (UDC 11-4-3-
42), self-service storage facilities (UDC 11-4-3-34), flex space facilities (UDC
11-4-3-18), and the standards for self-service uses in UDC 11-3A-16, as
applicable.
c. The existing driveway via N. Linder Rd. Shall be closed and a new driveway
constructed in alignment with the driveway on the west side of N. Linder Rd.,
unless otherwise approved by the City and ACHD.
d. A driveway stub shall be constructed to the northern property line and a cross-
access/ingress-egress easement granted to the property to the north(Parcel
#R3579000015) in accord with UDC 11-3A-3A.2. A copy of the recorded
easement should be submitted to the Planning Division with the Certificate of
Zoning Compliance application for the proposed use.
e. A driveway stub shall be constructed to the southern property line and a cross-
access/ingress-egress easement granted to the property to the south (Parcel
#R3579000025) in accord with UDC 11-3A-3A.2. A copy of the recorded
easement should be submitted to the Planning Division with the Certificate of
Zoning Compliance application for the proposed use.
DEVELOPMENT AGREEMENT—LINDER STORAGE CONDOS(H-2022-0091)/LINDER CONDOS MDA H-2023-0074
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f. A 5-foot-wide buffer shall be provided to the residential land use to the north
(Parcel#R3579000015), landscaped per the standards listed in UDC 11-313-9C,
as approved by City Council with consent from the property owner to the north.
Note: The City Council approved a reduced buffer width from 25 feet to 5 feet.
g. Mitigation is required for existing trees on this site that are removed as set forth
in UDC 11-3B-10C.5.
h. Storage facility hours of public operation, if developed on the site, shall be
limited to 6:00 a.m. to 11:00 p.m. as set forth in UDC 11-4-3-34E as long as the
property abuts a residential district.
i. Future structure(s) on the site shall comply with the non-residential design
standards in the Architectural Standards Manual for commercial districts (i.e.,
CD).
j. The existing irrigation ditch on the eastern portion of the site shall be piped or
otherwise covered as set forth in UDC 11-3A-6.
k. A flood plain development permit with base flood elevations and flood protection
elevations shall be required with a future development application.
6. COMPLIANCE PERIOD If this Agreement has not been fully executed within six
(6) months after the date of the March 26, 2024 Findings, the City may, at its sole discretion, declare
the Agreement null and void.
7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
7.1 Acts of Default.In the event Owner/Developer,or Owner/Developer's heirs,successors,
assigns, or subsequent owners of the Property or any other person acquiring an
interest in the Property, fail to faithfully comply with all of the terms and conditions
included in this Agreement in connection with the Property, this Agreement may be
terminated by the City upon compliance with the requirements of the Zoning
Ordinance.
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.
7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice
from City as described in Section 7.2, City shall, upon satisfaction of the notice and
hearing procedures set forth in Idaho Code section 67-6511A, have the right, but not
a duty, to de-annex all or a portion of the Property, reverse the zoning designations
DEVELOPMENT AGREEMENT—LINDER STORAGE CONDOS(H-2022-0091)/LINDER CONDOS MDA H-2023-0074
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described herein, and terminate City services to the de-annexed Property, including
water service and/or sewer service. Further, City shall have the right to file an action
at law or in equity to enforce the provisions of this Agreement.Because the covenants,
agreements, conditions, and obligations contained herein are unique to the Property
and integral to City's decision to annex and/or re-zone the Property, City and
Owner/Developer stipulate that specific performance is an appropriate, but not
exclusive, remedy in the event of default. Owner/Developer reserves all rights to
contest whether a default has occurred.
7.4 Choice of Law and Venue. This Agreement and the rights of the parties hereto shall
be governed by and construed in accordance with the laws of the State of Idaho,
including all matters of construction, validity, performance, and enforcement. Any
action brought by any party hereto shall be brought within Ada County, Idaho.
7.5 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.
7.6 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 rezoning 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.
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,
DEVELOPMENT AGREEMENT—LINDER STORAGE CONDOS(H-2022-0091)/LINDER CONDOS MDA H-2023-0074
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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 agree 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: with copy to:
City Clerk City Attorney
City of Meridian City of Meridian
33 E. Broadway Ave. 33 E. Broadway Avenue
Meridian, Idaho 83642 Meridian, Idaho 83642
OWNER/DEVELOPER:
Greg Herman
300 N. Linder Rd.
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
owner or owners shall be both benefited and bound by the conditions and restrictions herein
expressed. City agrees,upon written request of Owner and/or Developer, to execute appropriate and
recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion,
had determined that Owner and/or Developer have fully performed their obligations under this
Agreement.
DEVELOPMENT AGREEMENT—LINDER STORAGE CONDOS(H-2022-0091)/LINDER CONDOS MDA H-2023-0074
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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. REMOVED PROPERTY: The City is hereby authorized, in its sole discretion, to
remove a portion of the Property ("Removed Property") from this Agreement at any time, provided
that the City and the owner of the Removed Property concurrently enter into a modified development
agreement governing the development and use of the Removed Property. The remaining portion of
the Property,which has not been removed from this Agreement as described above, shall continue to
be bound by the terms of this Agreement.
21. 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.
22. 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.
22.1 No condition governing the uses and/or conditions governing rezoning 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.
23. 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; acknowledgements, signatures and Exhibits A and B follow]
DEVELOPMENT AGREEMENT—LINDER STORAGE CONDOS(H-2022-0091)/LINDER CONDOS MDA H-2023-0074
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ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made
it effective as hereinabove provided.
OWNER;
Greg Herman
STATE OF IDAHO }
. ss:
County of Ada )
On this_jV day of ,2024,before me,the undersigned,a Notary Pub is in and for said State,
personally appeared Greg Herman, mown or identified to me to be the person who signed above and acknowledged to
me that they executed the same.
IN WITNESS WHEREOF. I have hereunto set my hand and affixed my official sea] the day and year in this
certificate first above written,
CANDACE A JOHNSTON
COMMISSION#9036 �
NOTARY PUBLIC Notary Public
STATE OF IDAHO My Commission Expires:
MY COMMISSION 1�^- .��R
EXPRES 11RB2029 I - -
CITY OF MERIDIAN ATTEST:
By;
Mayor Robert E. Simison 5-7-2024 Chris Johnson, City Clerk
5-7-2024
STATE OF IDAHO )
ss
County of Ada }
On this _7th day of_M4y , 2024. before me, a Notary Public, personally appeared Robert E.
Simison and Chris Johnson,known or Identified to me to be the Mayor and Clerk,respectively,of the City of Meridian,
who executed the instrument m the person that executed the instrument of behalf of said City, and acknowledged to me
that such City executed the same.
fN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written.
Notary Public for Idaho
My Commission Expires: 3-28-2028
DEVELOPMENT AGREEMENT—LINDFR STORAGE CONDOS(H-2022-0091)ILINDER CONDOS YtDA H-2023-0074
EXHIBIT A
T
ACCURATE
SURVEYING & MAPPING
rFR u c`� Job No. 22-171
Annexation Land Description
A parcel of land being Lot 4 of Heppers Acre Subdivision, Book 19 of Plats, Pages 1298 and 1299,
Records of Ada County, and a portion of North Linder Road, lying within the Southwest Quarter of the
Southwest Quarter of Section 12, Township 3 North, Range 1 West, Boise Meridian, City of Meridian,
Ada County, Idaho, being more particularly described as follows:
Commencing at the found 4 inch aluminum cap monument in asphalt, labeled PLS 1029, at the
Southwest corner of Section 12, T.3N., R.1 W., B.M, from which the found 3 inch brass cap in asphalt,
labeled PLS 5082, at the Quarter corner common to sections 11 & 12, T.3N., R.1 W., B.M., bears
N 00' 31' 39"E a distance of 2645.87 feet, thence N 00' 3 F 39"E along the section line a distance of
922.75 feet to the REAL POINT OF BEGINNING.
Thence N 00' 31' 39" E along said section line and the centerline of North Linder Road for a distance of
120.00;
Thence S 88' 13' 52"E for a distance of 356.62 feet to the Northeast corner of said lot 4, witnessed by a
set 5/8"iron pin with a 2 inch aluminum cap labeled PLS 11463, which bears S 00' 38' 53" W a
distance of 1.00 feet;
Thence S 00' 38' 53" W along the East line of said lot 4 for a distance of 120.00 feet to a found 5/81h
inch iron pin with a plastic cap labeled PLS 12025 at the Southeast corner of said lot 4;
Thence N 88' 13' 49" W along the South line of said lot 4 for a distance of 356.37 feet to a found '/2
inch iron pin with plastic cap labeled PLS 11463 to the REAL POINT OF BEGINNING.
Said parcel contains 0.982 acres or 42,770 square feet, more of less.
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EXHIBIT B
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW CVIENty
AND DECISION &ORDER
In the Matter of the Request for Annexation of 0.98-acre of Land with an I-L(Light Industrial)
Zoning District; and Vacation of the 30-foot Wide Easement along the East Boundary of the
Property for Linder Storage Condos,by EVStudio.
Case No(s). H-2022-0091
For the City Council Hearing Date of: June 6,2023 (Findings on June 20, 2023)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of June 6, 2023,incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of June 6, 2023, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of June 6, 2023,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of June 6,2023, 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 (LC. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified as
Title 11 Meridian City Code, and all current zoning snaps thereof. The City of Meridian has,by
ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian,
which was adopted December 17,2019, Resolution No. 19-2179 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s)received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision,which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the
Community Development Department, the Public Works Department and any affected party
requesting notice.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR LINDER STORAGE CONDOS AZ,VAC H-2022-0091
- 1 -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of June 6, 2023, 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 annexation&zoning and a vacation is hereby approved with the
requirement of a Development Agreement per the provisions in the Staff Report for the hearing
date of June 6, 2023, 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 67-651IA. 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. Judicial Review
Pursuant to Idaho Code § 67-6521(1)(d), if this final decision concerns a matter enumerated in Idaho
Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight
(28)days after all remedies have been exhausted, including requesting reconsideration of this final
decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as
provided by chapter 52, title 67,Idaho Code.This notice is provided as a courtesy; the City of
Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA.
F. Notice of Right to Regulatory Takings Analysis
Pursuant to Idaho Code §§67-652 1(1)(d) and 67-8003, an owner of private property that is the
subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory
takings analysis.
G. Attached: Staff Report for the hearing date of June 6,2023
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR LINDER STORAGE CONDOS AZ,VAC H-2022-0091
-2-
By action of the City Council at its regular meeting held on the 20th day of June
2023.
COUNCIL PRESIDENT BRAD HOAGLUN VOTED AYE_
COUNCIL VICE PRESIDENT JOE BORTON VOTED AYE
COUNCIL MEMBER JESSICA PERREAULT VOTED AYE
COUNCIL MEMBER LUKE CAVENER VOTED AYE
COUNCIL MEMBER JOHN OVERTON VOTED AYE
COUNCIL MEMBER LIZ STRADER VOTED AYE
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robert E. S is 6-20-2023
Attest:
1
SEAL
Chas Johns C-2
City Clerk
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By: ph/in , )n 1 1 Dated: 6-20-2023
Cit es V ice- _�;
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR LINDER STORAGE CONDOS AZ,VAC H-2022-0091
-3-
STAFF REPORT E � 1 ��,
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING June 6,2023 _ �`� 0
DATE: 10
Legend
Progec#Loco for -
TO: Mayor&City Council
FROM: Sonya Allen,Associate Planner
208-884-5533 ------ -----~
SUBJECT: H-2022-0091 !Z
Linder Storage Condos—AZ,VAC
LOCATION: 300 N. Linder Rd. in the SW 1/4 of '
Section 12, T.3N.,R.l W.
Y'f FRAWurmv-
I. PROJECT DESCRIPTION
Annexation of 0.98-acre of land with an I-L(Light Industrial)zoning district; and vacation of the 30-foot
wide easement along the east boundary of the property.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Pa c
Acreage 0.98-acre
Future Land Use Designation General Industrial
Existing Land Use Rural residential property
Proposed Land Use(s) Self-service storage facility
Current Zoning RI in Ada County
Proposed Zoning I-L(Light Industrial)
Physical Features(waterways, None
hazards,flood plain,hillside)
Neighborhood meeting date 1/16/23
History(previous approvals) Lot 4,Heppers Acre Subdivision
B. Community Metrics
Description Details Page
Ada County Highway District LM
• Staff report(yes/no) Yes
• Requires ACHD No
Commission Action
es/no
• Existing Conditions Linder Rd. is fully improved with 5-travel lanes,vertical curb,
gutter&7' attached sidewalk.No additional improvements or
right-of-way dedication is required with this application.
• CIP/IFYWP NA(no further improvements required)
Access(Arterial/Collectors/State Access is proposed via Linder Rd.
Hw /Local)(Existin and Proposed)
Proposed Road Improvements None
Fire Service No comment.
Police Service No comment.
C. Project Maps
Future Land Use Map Aerial Map
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III. APPLICANT INFORMATION
A. Applicant:
Julie Miller, EVStudio 725 E. 2nd St.,Meridian, ID 83642
B. Owner:
Greg Herman—300 N. Linder Rd., Meridian, ID 83642
C. Representative:
Same as Applicant
IV. NOTICING
Planning&Zoning City Council
Posting Date Posting Date
Newspaper notification
published in newspaper 4/19/2023 5/21/2023
Radius notification mailed to
property owners within 300 feet 4/14/2023 5/12/2023
Public hearing notice sign posted
4/17/2023 5/12/2023
on site
Nextdoor posting 4/14/2023 5/15/2023
V. COMPREHENSIVE PLAN ANALYSIS
LAND USE: This property is currently designated as General Industrial on the Future Land Use Map
(FLUM)contained in the Comprehensive Plan. This designation allows a range of uses that support
industrial and commercial activities. Industrial uses may include warehouses, storage units, light
manufacturing, flex, and incidental retail and offices uses. In some cases,uses may include processing,
manufacturing,warehouses, storage units, and industrial support activities. Sample zoning include: I-L and I-
H.
TRANSPORTATION: The Master Street Map (MSM)does not depict any collector streets across this
property.
PROPOSED USE:The Applicant proposes to annex the subject property with an I-L zoning district and
develop the site with two(2) structures containing a total of eight(8) self-service storage units consistent
with the General Industrial FLUM designation.
Goals,Objectives,&Action Items: Staff finds the following Comprehensive Plan policies to be applicable
to this application and apply to the proposed use of this property(staff analysis in italics):
• "Permit new development only where it can be adequately served by critical public facilities and
urban services at the time of final approval, and in accord with any adopted levels of service for
public facilities and services."(3.03.03F)
City water and sewer service is available and can be extended by the developer of the property
proposed to be annexed with development in accord with UDC 11-3A-21.
• "Require all new development to create a site design compatible with surrounding uses through
buffering, screening,transitional densities, and other best site design practices."(3.07.01A)
With development, a landscaped street buffer will be required along N. Linder Rd. and buffering and
screening will be required to the residential property to the north in accord with UDC standards.
• "Encourage compatible uses and site design to minimize conflicts and maximize use of land."
(3.07.00)
The operation of the proposed storage facility should be fairly low-impact due to the number of units
and should be generally compatible with the birthing center to the south, residential use to the north
and industrial uses to the east and west. The required buffer to the residential land use to the north
should minimize conflicts between land uses.
• "Ensure development is connected to City of Meridian water and sanitary sewer systems and the
extension to and through said developments are constructed in conformance with the City of
Meridian Water and Sewer System Master Plans in effect at the time of development."(3.03.03A)
The proposed development will be required to connect to City water and sewer systems with
development;services are required to be provided to and though this development in accord with
current City plans.
• "Require appropriate landscaping,buffers, and noise mitigation with new development along
transportation corridors(setback,vegetation, low walls,berms,etc.)."(3.07.01 C)
A 25 foot wide street buffer is required to be provided with development along N. Linder Rd., an
arterial street,per UDC Table I1-2C-3, landscaped per the standards in UDC 11-3B-7C.
• "Reduce the number of existing access points onto arterial streets by using methods such as cross-
access agreements, access management, and frontage/backage roads, and promoting local and
collector street connectivity."(6.01.02B)
The Director recommends a cross-access/ingress-egress easement is granted to the property to the
north for future access via Linder Rd. through the subject property to reduce access points on the
arterial street(i.e. Linder Rd.).
• "Require urban infrastructure be provided for all new developments, including curb and gutter,
sidewalks,water and sewer utilities."(3.03.03G)
Curb, gutter and sidewalk was recently constructed with the road widening project along Linder Rd.
Hook-up to City water and sewer service is required with development.
VI. STAFF ANALYSIS
A. ANNEXATION(AZ)
The Applicant proposes to annex 0.98-acre of land with an I-L(Light Industrial)zoning district
consistent with the FLUM designation of General Industrial. A legal description and exhibit map for the
annexation area is included in Section VIII.A.
The subject property is one of a few lots in a larger enclave surrounded by City annexed property.
Annexation of this land will provide more efficient provision of City services. Industrial uses zoned I-L
exist to the west across N. Linder Rd. and to the east; a single-family residence exists to the north zoned
R1 in Ada County; and a commercial birthing center exists to the south in the C-C zoning district.
There is an existing home and accessory buildings on the site that are proposed to be removed with
redevelopment of the site. There is also a 30-foot wide easement depicted on the Heppers Acre
Subdivision plat along the east boundary of the site that is proposed to be vacated with this application
(see Section VIII.D,E and analysis below in Section B). The type of easement is not defined on the plat.
Conceptual Development Plan: The conceptual development plan shown in Section VIII.B depicts the
proposed structures, associated parking, driveway access,drive-aisles and green space for landscaping.
The Applicant plans to develop the property with two(2)buildings for self-service storage containing a
total of eight(8)units. These units will be designed to accommodate RV's,boats, cars, etc.with large
overhead doors and separate man doors to each unit. Compliance with the dimensional standards listed
in UDC Table 11-2C-3 for the I-L district is required. Changes are necessary to the concept plan as
detailed below under the Access section.
Specific Use Standards: A self-service storage facility is listed as a principal permitted use in the I-L
district per UDC Table I1-2C-2, subject to the specific use standards listed in UDC 11-4-3-34, as
follows: (Staffs analysis in italics)
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 Chapter 3,Article E, "temporary use requirements", of this Title.
C. The distance between structures shall be a minimum of twenty-five(25) feet. 30 feet is provided
between the two structures.
D. The storage facility shall be completely fenced,walled, or enclosed and screened from public
view. Where abutting a residential district or public road, chain-link shall not be allowed as
fencing material. The proposed storage units will be enclosed.
E. If abutting a residential district,the facility hours of public operation shall be limited to 6:00
a.m. to 11:00 p.m.A residential district abuts the property on the north.
F. A minimum twenty-five-foot 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 I-3B-9.0 of this Title. The facility abuts a residential use
to the north; the Applicant request City Council approval of a buffer reduction to 5-feet.
G. If the use is unattended,the standards in accord with Section 11-3A-16, "self-service uses", of
this Title shall also apply. The use will be unattended.
H. The facility shall have a second means of access for emergency purposes as determined by the
Fire Marshal. The Fire Marshal has determined one access is sufficient with the proposed
turnaround.
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(1,000) feet from a hospital. There are no hospitals within 1,000 feet.
Access: One(1)full driveway access exists to this site via Linder Rd. that is proposed to be
reconstructed and narrowed to 30-feet in width.
The intent of the UDC (11-3A-3)is to improve safety by combining and/or limiting access points to
arterial streets to ensure motorists can safely enter all streets. Where local street access is not available,
the property owner is required to grant cross-access/ingress-egress easements to adjoining non-
residential properties.Although the use to the north is currently residential, it's anticipated to change to a
non-residential use at some point in the future. The use to the south is commercial; as a provision of the
development agreement, a cross-access/ingress-egress easement was required to be provided to the
subject property at the time of future construction on the site and/or expansion of the existing parking
lot,which has not occurred(AZ-09-004).
In accord with UDC 11-3A-3, Staff recommends as a provision of the development agreement,
driveway stubs are constructed to the north and south property lines and a cross-access/ingress-
egress easement granted to the properties to the north(Parcel#R3579000015) and south(Parcel
#R3579000025) in an effort to combine and limit access points to the arterial street(i.e.Linder
Rd.). Copies of the recorded easements should be submitted with the Certificate of Zoning
Compliance application for the proposed use.With a future development application,ACHD
recommends the existing driveway is closed and a new driveway is constructed in alignment with
the driveway on the west side of Linder Rd.A revised concept plan should be submitted prior to
the Commission hearing consistent with ACHD's and Staffs recommendations.
A fire truck turnaround is proposed on the site as shown on the conceptual development plan.
Sidewalk/Pathway: An attached 7-foot wide sidewalk was recently constructed along N. Linder Rd.
along the frontage of this site. The Pathways Plan designates a 10-foot wide detached multi-use pathway
in this area. Because the sidewalk was recently constructed,the Park's Dept. does not recommend it's
removed and a new pathway constructed in its place at this time. If a new pathway is constructed in the
future,there should be adequate room within the existing right-of-way(11'+/-)for the pathway without
dedication of a public use easement.
Parking: Self-service storage facilities do not require parking unless there is an office associated with
the use,which there is not. The concept plan depicts nine (9)off-street parallel parking spaces. Based on
the number of proposed parking spaces, a bicycle rack capable of holding a minimum of one(1)bicycle
is required per UDC 11-3C-6G that complies with the design standards listed in UDC 11-3C-5C.
Landscaping: A 25-foot wide street buffer is required to be constructed along N. Linder Rd., an arterial
street,measured from back of sidewalk, landscaped per the standards listed in UDC 11-3B-7C.
Parking lot landscaping is required per the standards listed in UDC 11-3B-8C. A minimum 5-foot wide
buffer should be provided along the east property boundary unless the requirement is reduced or
waived by the Director for truck maneuvering areas as set forth in UDC 11-3B-8C.1a.
A 25-foot wide buffer is required to the residential land use to the north as set forth in UDC Table H-
2C-3 and 11-4-3-34F, landscaped per the standards listed in UDC 11-3B-9C. The Applicant requests
City Council approval of a reduced buffer width from 25-to 5-feet adjacent to the residential use
to the north as allowed by UDC 11-3B-9C.2 with notice to surrounding property owners.A
reduction to the buffer width shall not affect building setbacks; all structures shall be set back
from the property line a minimum of the buffer width required in the I-L district(i.e.25-feetLA
letter was submitted from the abutting propeM owner to the north,Ronald Hatch, agreeing to the
proposed reduced buffer.
Landscaping is required along the multi-use pathway adjacent to N. Linder Rd. per the standards
listed in UDC 11-3B-12C.
There are existing trees on this site that may require mitigation if removed per the standards listed
in UDC 11-3B-10C.5.
Waterways: The conceptual development plan depicts an existing irrigation ditch on the eastern portion
of the site. All ditches not being used as a water amenity or linear open space must be piped as set
forth in UDC 11-3A-6.
Floodplain: A portion of this project is within the Meridian Floodplain Overlay District. A floodplain
development permit with base flood elevations and flood protection elevations will be required.
Fencing: The conceptual development plan depicts existing vinyl fence around the perimeter of the site.
Elevations: Conceptual building elevations were submitted for the proposed structures as shown in
Section VIII.C. The structures are proposed to be pre-engineered metal frame buildings,which will be
designed with large overhead doors and man doors for each unit. Building materials are proposed to
consist of stucco in two(2)different colors with reveals, fenestration and stone veneer wainscot.
The design of the structures is required to comply with the design standards in the Architectural
Standards Manual(ASM). Staff recommends the design is required to comply with the design
standards for commercial buildings rather than industrial buildings because the property fronts
on an arterial street(i.e.Linder Rd.) and will be highly visible.Detailed review of the elevations for
compliance with these standards will take place with the Certificate of Zoning Compliance and Design
Review application prior to submittal of an application for a building permit.
The City may require a development agreement(DA) in conjunction with an annexation pursuant to
Idaho Code section 67-6511A. To ensure the site develops as proposed and recommended with this
application, Staff recommends a DA is required with the provisions discussed above and included
in Section IX.A.
B. VACATION(VAC)
The Applicant proposes to vacate the 30-foot wide easement along the east boundary of the property
depicted on the Heppers Acre subdivision plat in Section VIII.D. The easement is not defined on the plat
and it seems utilities may not have been installed within the easement area.
The Applicant proposes to vacate this easement so that the east building can be constructed closer to the
eastern boundary of the site within the existing easement area. A legal description and exhibit map of the
easement proposed to be vacated is included in Section VIII.E below.
Relinquishment letters have been submitted from all potential easement holders [i.e. Lumen(fka Qwest),
NMID, Intermountain Gas, Sparklight and Idaho Power] in agreement with the proposed request.
VII. DECISION
A. Staff:
Staff recommends approval of the proposed Annexation with the requirement of a Development
Agreement per the provisions in Section IX in accord with the Findings in Section X; and approval of
the vacation request if relinquishment letters are received from all potential easement holders prior to the
City Council hearing.
B. The Meridian Planning&Zoning Commission heard these items on May 4, 2023. At the public
hearing,the Commission moved to recommend approval of the subject AZ request.
1. Summary of Commission public hearing_
a. In favor: Julie Miller, EVStudio
b. In opposition:None
C. Commenting: Tim O'Donnell
d. Written testimony:None
e. Staff presenting application: Sonya Allen
f Other Staff commenting on application:None
2. Key issue(s) testimony
a. Comments in favor of the transparency of the City's public hearing process and the
availability of information online for citizen access.
3. Key issue(s)of discussion by Commission:
a. Commercial vs. Instustrial design standards.
4. Commission change(s)to Staff recommendation:
a. None
5. Outstanding issues for City Council:
C. The Meridian City Council heard these items on June 6,2023.At the public hearing,the Council
moved to approve the subject AZ and VAC requests.
1. Summary of the City Council public hearing:
a. In favor: Julie Miller,EVStudio
b. In opposition:None
c. Commenting:None
d. Written testimony:None
e. Staff presenting application: Sonya Allen
f. Other Staff commenting on application:None
2. Key issue(s)of public testimony:
a. None
3. Key issue(s)of discussion by City Council:
a. None
4. City Council change(s)to Commission recommendation.
a. Council approved the requested reduced buffer width from 25' to-5-'along-the north
property line to the residential use to the north.
VIII. EXHIBITS
A. Annexation Legal Description and Exhibit Map
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dncH it m pin with a piratic cap lab,rW PL-S 12025-1 ft Sauthmm a}rrL-r of said lot k
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inch iron pin with PEastic cap lebciod PI r,N 11463 to the REAL POLNT OF 1WGIN l)FN G.
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S u.RWEYINB & MkPPIN0
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U ifity Easement Vacation Description
An casement to be vacated over emd across a portion of Irat 4 of Heppers Acre Subdivision as recorded
in Sook 19 of Plats at Pages k298 and IM,Fliscords of Ala County,said parcel 1$located In the
Southwest Quarter of the southwest Quarter of Section 12,Township 3 North, Range I West of the
Boise Meridlan,Ada County, Idaho, being more partkulariy described as follows-
Corn mencing at the found 4 inch aluminum cap monument at the corner common to Section$1% 72,
13 and 14,T3N,k1W frorn whkh the found 3 Inch brass cap monument In asphalt at the quarter
corn-of common to Sections 11 and 12,TM R1W bears N OCr 32' 39"E a distance of 2645.97 Peet;
thence N DO'32' 39' IF along the sevion lire for a distance of 922.75 feet;thence 5 88"13'49" W for a
drs#ance of 326.37 feet to the REAL P01NT OF BEGINNING;
Thence N Oa'3a'53" E for a d I stance cf 120.00 feet;
Thence 5 89'13'52" E along the fine common to hats 3 and d for a distance of 30.01 feet to the
northeast corner of Lot 4 witnessed by a found Sle Inch Iron pin with a 2 Inch alurnknurn cap stamped
PL5 12463,wh is bears 5 006 33' 53" W a d Ma nce of 1.00 feet;
Thence S 00'A '53'W for a d istance of 120,04 feet to a found 5 f 81'Inch I ran pl n whit a ca p piastIc to p
la beied PPS 12025 at the southeast corner of tat 4;
Thence N SS"-13'49"W along the line commas to Luts 4 and 5 for a distance of 30.01 feet to the REAL
POINT GF 9EGINNING.
Vacated Easement ccntalrts O.083 acres,or 1,601 square feet, mare or e-q%-
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IX. CITY/AGENCY COMMENTS & CONDITIONS
The Applicant should submit a conceptual development plan for the site that complies with ACHD's and the
City's comments pertaining to access and cross-access prior to the Commission hearing.
A. PLANNING DIVISION
1. A Development Agreement(DA)is required as a provision of annexation of this property. Prior to
approval of the annexation ordinance, a DA shall be entered into between the City of Meridian,the
property owner(s) at the time of annexation ordinance adoption, and the developer.
Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to
commencement of the DA. The DA shall be signed by the property owner and returned to the
Planning Division within six(6)months of the City Council granting the annexation. The DA shall,
at minimum, incorporate the following provisions:
a. Future development of this site shall be generally consistent with the conceptual development
plans included in Section VIII,Unified Development Code standards, design standards in the
Architectural Standards Manual and the provisions contained herein.
b. Comply with the specific use standards for self-service storage facilities listed in UDC 11-4-3-34
and the standards for self-service uses in UDC 11-3A-16.
c. The existing driveway via N. Linder Rd. shall be closed and a new driveway constructed in
alignment with the driveway on the west side of N. Linder Rd.,unless otherwise approved by the
City and ACHD.
d. A driveway stub shall be constructed to the northern property line and a cross-access/ingress-
egress easement granted to the property to the north(Parcel#R3579000015) in accord with
UDC 11-3A-3A.2. A copy of the recorded easement should be submitted to the Planning
Division with the Certificate of Zoning Compliance application for the proposed use.
e. A driveway stub shall be constructed to the southern property line and a cross-access/ingress-
egress easement granted to the property to the south(Parcel#R3579000025)in accord with
UDC 11-3A-3A.2. A copy of the recorded easement should be submitted to the Planning
Division with the Certificate of Zoning Compliance application for the proposed use.
f. A 25 5-foot wide buffer shall be provided to the residential land use to the north(Parcel
#R3579000015) as setf4th i UPC able112C 3 and 11 4-3 34F,landscaped per the
standards listed in UDC 11-3B-9C,„riess ethefwi e as approved by City Council with consent
from the property owner to the north.Note: The City Council approved a reduced buffer width
from 25: eet to 5: eet,
g. Mitigation is required for existing trees on this site that are removed as set forth in UDC 11-3B-
10C.5.
h. The storage facility hours of public operation shall be limited to 6:00 a.m. to 11:00 p.m. as set
forth in UDC 11-4-3-34E as long at the property abuts a residential district.
i. Future structure(s) on the site shall comply with the non-residential design standards in the
Architectural Standards Manual for commercial districts (i.e. CD).
j. The existing irrigation ditch on the eastern portion of the site shall be piped or otherwise covered
as set forth in UDC 11-3A-6.
k. A floodplain development permit with base flood elevations and flood protection elevations
shall be required with a future development application.
B. PUBLIC WORKS
1. A streetlight plan will be required for the development of this property.
2. Additional 250 gpd committed to model. WRRF decline balance is 14.60 MGD
3. Pressure Zone—2
4. Estimated ERU- See Application
5. Water Quality Concerns—None
6. Project Consistent with Master Plan—Yes
7. Single structure,multi-tenant units that are for rental only should have a single City meter. Provide
one meter for each building.
8. Only have one connection to the main in Linder rd. Bring an 8" stub and"dog leg" it on the property.
Make water service connections to this stub. Max distance between the dead-end and the service
connection should be 3'.No blow-off is needed.
9. The 8" dog leg will require a 20' easement with the water main centered in the easement.
10. Water services require a 20' easement up and 10'beyond the water meter.
11. If a well is located on the site it must be abandoned per regulatory requirements and proof of
abandonment must be provided to the City.
12. Additional 250 gpd committed to model. WRRF decline balance is 14.60 MGD
13. Ensure no permanent structures (trees,bushes,buildings, carports,trash receptacle walls, fences,
infiltration trenches, light poles, etc.)are built within the utility easement.
14. Property is in the Meridian Special Flood Hazard Area-A floodplain permit and elevation
certificates will be required. Flood protection elevation is 2 feet above Base Flood Elevation.
C. ADA COUNTY DEVELOPMENT SERVICES
https://weblink.meridiancioy.orglWebLinkIDocView.aspx?id=294157&dbid=0&repo=MeridianCiiy
D. IDAHO TRANSPORTATION DEPARTMENT(ITD)
https://weblink.meridiancioy.org/WebLink/DocView.aspx?id=294153&dbid=0&repo=MeridianCity
E. NAMPA-MERIDIAN IRRIGATION DISTRICT(NMID)
https://weblink.meridianciU.org/WebLink/DocView.aspx?id=294320&dbid=0&repo=MeridianCitX
F. ADA COUNTY HIGHWAY DISTRICT(ACHD)
https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=294352&dbid=0&repo=MeridianCity
I. FINDINGS
A. Annexation and/or Rezone(UDC 11-511-3E)
Required Findings: Upon recommendation from the commission,the council shall make a full
investigation and shall, at the public hearing,review the application. In order to grant an annexation
and/or rezone,the council shall make the following findings:
1. The map amendment complies with the applicable provisions of the comprehensive plan;
The City Council finds the Applicant's proposal to annex 0.98-acre of land with I-L zoning for the
development of a self-service storage facility is consistent with the General Industrial FLUM
designation for this property. (See section V above for more information)
2. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The City Council finds the proposed map amendment to I-L and conceptual development plan
generally complies with the purpose statement of the I-L district in that it will encourage industrial
uses that are clean, quiet and free of hazardous or objectionable elements and that are operated
entirely or almost entirely within enclosed structures and is accessible to an arterial street(i.e.
Linder Rd.).
3. 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 as the proposed industrial use should be conducted entirely within a structure.
4. The map amendment shall not result in an adverse impact upon the delivery of services by any
political subdivision providing public services within the city including,but not limited to,
school districts; and
The City Council finds City services are available to be provided to this development.
5. The annexation(as applicable)is in the best interest of city.
The City Council finds the proposed annexation is in the best interest of the City.
EXHIBIT C
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW C�f[ERI
DIAN
AND DECISION &ORDER
In the Matter of the Request for a Modification to the Development Agreement Required with H-
2022-0091,Linder Storage Condos,to Allow Warehouse and Flex Space Uses along with the
Previously Approved Self-service Storage Facility; and Update the Conceptual Development Plan
and Building Elevations for Linder Condos,by The Architect's Office.
Case No(s).H-2023-0074
For the City Council Hearing Date of. March 12,2024 (Findings on March 26, 2024)
A. Findings of Fact
1, Hearing Facts(see attached Staff Report for the hearing date of March 1.2,2024, incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of March 12, 2024, incorporated by
reference)
3. Application and Property Facts(see attached Staff Report for the hearing date of March 12, 2024,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of March 12,2024,incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use
Planning Act of 1975," codified at Chapter 65,Title 67,Idaho Code(I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified as
Title 11 Meridian City Cade,and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian,
which was adopted December 17,2019,Resolution No. 19-2179 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s)received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the
Community Development Department,the Public Works Department and any affected party
requesting notice.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR LINDER CONDOS MDA H-2023-0074 - 1 -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of March 12,2024, 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 terms of the development agreement approved
with the annexation is hereby approved per the provisions in the Staff Report for the hearing
date of March 12,2024,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. Judicial Review
Pursuant to Idaho Code § 67-6521(1)(d), if this final decision concerns a matter eaunemted in Idaho
Code§ 67-6521(1)(a),an affected person aggrieved by this final decision may,within twenty-eight
(28)days after all remedies have been exhausted, including requesting reconsideration of this final
decision as provided by Meridian City Code§ 1-7-10,seek judicial review of this final decision as
provided by chapter 52,title 67,Idaho Code.This notice is provided as a courtesy; the City of
Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA.
F. Notice of Right to Regulatory Takings Analysis
Pursuant to Idaho Code §§ 67-6521(1)(d)and 67-8003,an owner of private property that is the
subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory
takings analysis.
G. Attached: Staff Report for the hearing date of March 12,2024
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR LINDER CONDOS MDA H-2023-0074 -2-
By action of the City Council at its regular meeting held on the 26th day of March
2024 .
COUNCII, PRESIDENT JOE BORTON VOTED
COUNCIL VICE PRESIDENT LIZ STRADER VOTED AYE
COUNCIL MEMBER DOUG TAYLOR VOTED AYE
COUNCB , - ERLUKECAVENER VOTED AYE
COUNCIL MEMBER JOHN OVERTON VOTED
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED AYE
MAYOR ROBERT — 1 — VOTED
(TIE BREAKER) y/
C
Mayor obert . Sim son 3 - 26 - 2024
Attest :
Chrie Joln on 3 � 4
Ci y Clerk
Copy served upon Applicant , Community Development Department , Public Works Department and City
Attorney .
By : Dated : 3 - 26 - 2024
CiTy Clerk ' s Office
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FOR CINDER CONDOS MDA H - 2023 - 0074 - 3 -
STAFF REPORT E IDIAN --
COMMUNITY DEVELOPMENT DEPARTMENT f D A H 0
HEARING March 12,2024 Legend -0
DATE: -`'
Continuedfrom:February 13, 2024 I(dp,,a t Luca-ion L-
0
TO: Mayor&City Council I R.8
FROM: Sonya Allen,Associate Planner RUT-
208-884-5533 —i
SUBJECT: H-2023-0074 --------L
Linder Condos—MDA R1 F _
LOCATION: 300 N. Linder Rd. in the SW 1/4 of I
Section 12,T.3N.,R.1 W. LI
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W FKAhfICUN-- _
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R1 -N -
I. PROJECT DESCRIPTION
The Applicant proposes a modification to the development agreement required with H-2022-0091,Linder
Storage Condos,to allow warehouse and flex space uses along with the previously approved self-service
storage facility; and update the conceptual development plan and building elevations.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 0.98-acre
Future Land Use Designation General Industrial
Existing Land Use Rural residential property
Proposed Land Use(s) Self-service storage facility or warehouse or flex space
Current Zoning R1 in Ada County
Proposed Zoning Tentatively approved with I-L(Light Industrial)zoning(with
approval of the development agreement and annexation
ordinance H-2022-0091)
Physical Features(waterways, None
hazards,flood plain,hillside)
Neighborhood meeting date 1/11/24
History(previous approvals) Lot 4,Heppers Acre Subdivision;H-2022-0091 (AZ,VAC)
III. APPLICANT INFORMATION
A. Applicant:
Jeremy Putman, The Architect's Office—499 Main Street,Boise, ID 83702
B. Owner:
Greg Herman—300 N. Linder Rd.,Meridian, ID 83642
C. Representative:
Same as Applicant
IV. NOTICING
City Council
Posting Date
Newspaper notification
published in newspaper 1/28/24, 2/25/24
Radius notification mailed to
property owners within 300 feet 1/26/24, 2/24/24
Public hearing notice sign posted
1/13/24, 2/28/24
on site
Nextdoor posting 1/29/24, 2/26/24
V. STAFF ANALYSIS
The Applicant proposes to modify the development agreement(H-2022-0091)to allow warehouse and flex
space uses in addition to the previously approved self-service storage facility use; and update the conceptual
development plan and building elevations for the site. The Applicant's narrative states the target market for
these spaces will be for contractors,mostly for storage,with the potential for each space to have a small
office and restroom.Note: The development agreement associated with H-2022-0091 has not yet been signed
and recorded.
Proposed Use: The proposed modification will allow for more variety in the uses allowed on the site as can
be accommodated with the proposed development plan. Per UDC Table 11-2C-2,warehouse and flex space
uses are listed as principal permitted uses in the I-L district. The proposed uses are subject to the specific use
standards listed in the UDC, as follows:
• 11-4-3-42 Warehouse:
A. Accessory uses allowed. Office not to exceed twenty-five(25)percent and retail sales not to
exceed ten(10)percent of the total enclosed area of the use.
B. Outside activity areas shall be located a minimum of three hundred(300) feet from any property
line adjoining a residence or a residential district.
• 11-4-3-18 Flex Space:
A. Office and/or retail showroom areas shall comprise a minimum of thirty(20)percent of the
structure and/or tenant space.
B. Light industry and warehousing shall not comprise more than seventy(70)percent of the tenant
space.
C. In the C-C, C-G and M-E districts,roll-up doors shall not be visible from a public street.
D. Except in the I-L and I-H districts,loading docks are prohibited.
E. Retail use shall not exceed twenty-five (25)percent of leasable area in any tenant space.
Site Plan: Originally, eight(8)tenant spaces were proposed in two(2)buildings;now seven(7) tenant
spaces are proposed in two(2)buildings totalling 15,643 s.f., including mezzanines. The west building had
to be reduced in size to accommodate the cross-access easement/driveway required to the adjacent properties
to the north and south.
Access: Access is proposed via N. Linder Rd., an arterial street.The location of the cross-access driveway to
the south has changed from the middle of the site between the buildings to the west side of the front building
along Linder Rd.; a cross-access driveway is proposed to the north in alignment with the driveway to the
south in accord with UDC 11-3A-3A.2.A Fire Dept.turnaround is proposed between the two structures as
depicted on the site plan.
Parking: In the I-L zoning district, a minimum of one(1)off-street vehicle parking space is required for
every 2,000 s.f. of gross floor area per UDC 11-3C-6B.2, except for self-service storage facilities,which only
require parking for the associated office space(if provided)and not for the storage facility. Because a variety
of uses are proposed,the more restrictive parking standard should apply to the overall development.
Based on the square footage of the structures(i.e. 15,643 s.f.), a minimum of seven(7)parking spaces are
required; 13 spaces are provided, exceeding the minimum standard by six(6) spaces,which should be
sufficient for any of the uses proposed. The extra spaces should accommodate parking for the flex space use
(if developed),which would likely create a need for more parking for customers and employees of the
retail/office component of the use.
A minimum of one(1)bicycle parking space is required for every 25 proposed vehicle parking spaces or
portion thereof per UDC 11-3C-6G;bicycle parking facilities are required to meet the location and design
standards listed in 11-3C-5C. A bicycle rack is depicted on the site plan.
Development Agreement(DA): The existing DA provisions are included in Section VII.A below; the
Applicant's proposed changes are noted in strike-out/underline format. The Applicant requests DA provision
#5.1h,which limits the hours of operation for storage facilities from 6:00 am to 11:00 pm as set forth in
UDC 11-4-3-34E, is revised to include warehouse&flex space. However,because the proposed uses aren't
subject to the same limitations on the hours of operation as storage facilities, Staff does not recommend a
change to this provision.
The existing and proposed conceptual development plans and building elevations are also included below in
Section VII.B. Other than the reduction in the size of the west building,the proposed development plan and
elevations are generally consistent with the previously approved plans and conditions of approval. Therefore,
Staff is supportive of the proposed changes and inclusion of the additional uses proposed to allow more
flexibility for the use of the site.
VI. DECISION
A. Staff:
Staff recommends approval of the proposed Development Agreement modification as requested by the
Applicant.
B. The Meridian City Council heard this item at the February 13'and March 12'public hearings
and approved the proposed MDA application.
1. Summary of the City Council public hearing
a. In favor: Jeremy Putman,The Architect's Office(Applicant's Representative);Kim
Kelly
b. In opposition:None
C. Commenting: None
d. Written testimony: Ronald Hatch,property owner to the north(in support)
e. Staff presenting application: Sonya Allen
f. Other Staff commenting on application:None
2. Key issue(s)of public testimony:
a. None
3. Key issue(s)of discussion by City Council:
a. Concern pertaining to intensity of the additional uses proposed and their potential
negative impact on existing adjacent residential neighbors and the adequacy of on-site
parking.
b. At the continued hearing.the Applicant addressed previous concerns to the satisfaction
of the Council.
4. City Council change(s)to Commission recommendation.
a. None
VII. EXHIBITS
A. Existing Development Agreement Provisions—Proposed Changes Shown in Strike-out/Underline
format
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 this site shall be generally consistent with the conceptual development plans
included in Section VIII of the Staff Report attached to the Findings of Fact and Conclusions of Law
attached hereto as Exhibit`B,"Unified Development Code Standards, design standards in the
Architectural Standards Manual, and the provisions contained herein.
b. Comply with the specific use standards for warehouse facilities(UDC 11-4-3-42),self-service storage
facilities,; iUDC 11-4-3-34,, flex space facilities(UDC 11-4-3-18) and the standards for self-
service uses in UDC 11-3A-16, as applicable.
c. The existing driveway via N. Linder Rd. Shall be closed and a new driveway constructed in alignment
with the driveway on the west side of N. Linder Rd.,unless otherwise approved by the City and ACHD.
d. A driveway stub shall be constructed to the northern property line and a cross-access/ingress-egress
easement granted to the property to the north(Parcel#R3579000015)in accord with UDC 11-3A-3A.2.
A copy of the recorded easement should be submitted to the Planning Division with the Certificate of
Zoning Compliance application for the proposed use.
e. A driveway stub shall be constructed to the southern property line and a cross-access/ingress-egress
easement granted to the property to the south(Parcel#R3579000025)in accord with UDC 11-3A-3A.2.
A copy of the recorded easement should be submitted to the Planning Division with the Certificate of
Zoning Compliance application for the proposed use.
f. A 5-foot-wide buffer shall be provided to the residential land use to the north(Parcel#R3579000015),
landscaped per the standards listed in UDC 11-3B-9C, as approved by City Council with consent from
the property owner to the north.Note: The City Council approved a reduced buffer width from 25 feet to
5 feet.
g. Mitigation is required for existing trees on this site that are removed as set forth in UDC 11-3B-1OC.5.
h. T4+L-sStorage facility hours of public operation, if developed on the site, shall be limited to 6:00 a.m. to
11:00 p.m. as set forth in UDC 11-4-3-34E as long as the property abuts a residential district.
i. Future structure(s)on the site shall comply with the non-residential design standards in the Architectural
Standards Manual for commercial districts(i.e., CD).
j. The existing irrigation ditch on the eastern portion of the site shall be piped or otherwise covered as set
forth in UDC 11-3A-6.
k. A flood plain development permit with base flood elevations and flood protection elevations shall be
required with a future development application.
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