HomeMy WebLinkAboutZ - DA ADA COUNTY RECORDER Trent Tripple 2024-038797
BOISEIDAHO Pgs=42 NIKOLA OLSON 07/17/2024 08:42 AM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. HV-ER, LLC, Owner/Developer
3. HV-55, LLC, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement") is made and entered into this 9th day of
JU1Y , 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 HV-ER, LLC,
whose address is 1775 W. State Street, Suite 340, Boise, Idaho 83702, hereinafter called
"OWNER/DEVELOPER;" and HV-55,LLC, whose address is 1775 W. State Street, Suite 340, Boise,
Idaho 83702, hereinafter called "ON"ER/DEVELOPER."
I. RECITALS:
1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of a certain
tract of land in the County of Ada, State of Idaho, currently identified as parcel
R0945580265 and parcel R0945580275 and described in Exhibit"A," which is
attached hereto and by this reference incorporated herein as if set forth in full,
hereinafter referred to as the "Property;"and
1.2 WHEREAS, Idaho Code § 67-6511 A provides that cities may, by ordinance,
establish provisions governing the creation, form,recording, modification,
enforcement and termination of development agreements required or permitted as a
condition of zoning that the Owner/Developer make a written commitment
concerning the use or development of the Property; and
1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section
I I-5B-3 of the Unified Development Code ("UDC"), which authorizes
development agreements and the modification of development agreements; and
1.4 WHEREAS, Owner/Developer has submitted an application for development
agreement modification to remove the property listed in Exhibit"A" from an
existing Development Agreement recorded in Ada County as Instrument No.
104107406 and any amendments thereto, and for the inclusion of the Property into
this new Agreement,which generally describes how the Property will be developed
and what improvements will be made; and
DEVELOPMENT AGREEMENT—CITYSIDE STORAGE H-2023-0058
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1.5 WHEREAS, Owner/Developer made representations at the duly noticed public
hearings before the Meridian City Council, as to how the property will be
developed and what improvements will be made; and
1.6 WHEREAS, the record of the proceedings for requested development agreement
modification held 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 28' of May, 2024, the Meridian City Council approved certain
Findings of Fact and Conclusions of Law and Decision and Order ("Findings"),
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,the property listed in Exhibit"A" shall no longer be subject to the
terms of the existing Development Agreement (Instrument No. 104107406), and
any amendments thereto, and shall be bound by the terms contained herein in this
new agreement; and
1.10 WHEREAS, City requires the Owner/Developer to enter into a development
agreement modification 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 designations are 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.
DEVELOPMENT AGREEMENT-CITYSIDE STORAGE H-2023-0058
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3.2 OWNER/DEVELOPER: means and refers to HV-ER, LLC, whose address is
1775 W. State Street, Suite 340, Boise, Idaho 83702 and HV-55,LLC,whose
address is 1775 W. State Street, Suite 340, Boise, Idaho 83702, the parties that own
and are 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 of Property located in the
County of Ada, City of Meridian as described in Exhibit "A" describing parcels to
be removed from existing Development Agreement recorded in Ada County as
Instrument No. 104107406 and any amendments thereto,with such parcels being
bound by this new Agreement,which 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 as
permitted, conditional and/or accessory uses 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 concept
plan and conceptual building elevations included in Section VIII of the Staff
Report attached to the Findings of Fact and Conclusions of Law attached hereto
as Exhibit`B" and the provisions contained herein.
b. The future use of this site is limited to the self-service storage facility, office,
and retail uses. The self-storage building shall not exceed fifty (50) feet in
height, including the parapet.
6. APPROVAL PERIOD: If this Agreement has not been fully executed within six(6)
months after the date of the 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's 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.
DEVELOPMENT AGREEMENT-CITYSIDE STORAGE H-2023-0058
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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 actions 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 § 67-6511 A, have the right, but not a
duty,to de-annex all or a portion of the Property, reverse the zoning designations
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 the 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 ordinance or
policy, notify the City Engineer and request the City Engineer's inspections and written approval of
such completed improvements or portion therefor in accordance with the terms and conditions of this
Agreement and all other ordinance 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.
DEVELOPMENT AGREEMENT-CITYSIDE STORAGE H-2023-0058
4 Page 4 of 8
10. ZONING:City shall, following recordation of the duly approved Agreement, enact a valid
and binding ordinance zoning the Property, as necessary.
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 agrees to provide, if
required by the City.
12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued if 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: with copy to:
City Clerk City Attorney
City of Meridian City of Meridian
33 E. Broadway Ave. 33 E. Broadway Ave.
Meridian, Idaho 83642 Meridian, Idaho 83642
OWNER/DEVELOPER:
HV-ER, LLC IV-55, LLC
1775 W. State St., Ste. 340 1775 W. State St., Ste. 340
Boise, ID 83702 Boise, ID 83702
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
DEVELOPMENT AGREEMENT—CITYSIDE STORAGE H-2023-0058
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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,has
determined that Owner/Developer has fully performed its 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 reasonable 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. 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.
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 the 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
upon execution of the Mayor and City Clerk.
[End of text. Acknowledgements, signatures, and Exhibits A and B follow.]
DEVELOPMENT AGREEMENT-CITYSIDE STORAGE H-2023-0058
44 Page 6 of 8
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made it
effective as hereinabove provided.
OWNER:
HV-ER, LLC NMy.I
•OTA�G'�Z•
By: Hosac Vientures LLC, its Manager
By: Kenneth W. Hosac, Manager of Hosac Ventures LLC $ pUBL►C
STATE OF IDAHO ) '•�.a•••aW
ss:
County of Ada )
On this 1 day of_ 2024, before me, the undersigned, a Notary Public in and for said State,
personally appeared Kenneth W.Hos c,known or identified to me to be the Manager of Hosac Ventures,LLC,the Manager
of HV-ER, LLC and 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 seal the day and year in this certificate
first above written.
(SEAL) 11otary Pu lic
My Commission Expires:_6 ,1 3
OWNER:
HV-55, LLC
/'/� .•• Y N Af
.V �ZyOTARY'By: Hosac Ventures LLC, its Manager
By: Kenneth W. Hosac, Manager of Hosac Ventures LLC
pUB L1C
STATE OF IDAHO ) �,'�y OFelse's �l9q:�°�
County of Ada )
On this day of J, 2024, before me, the undersigned, a Notary Public in and for said State,
personally appeared Kenneth W.Hosac,known or identified to me to be the Manager of Hosac Ventures,LLC,the Manager
of HV-55,LLC and 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 seal the day and year in this certificate
first above written. `
(SEAL) otary Public /
My Commission Expires:
DEVELOPMENT AGREEMENT—CITYSIDE STORAGE H-2023-0058
Page 7 of 8
CITY OF MERIDIAN ATTEST:
By:
Mayor Robert E. Simison 7-9-2024 Chris Johnson, City Clerk 7-9-2024
STATE OF IDAHO )
ss
County of Ada )
On this 9th day of July , 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 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.
Notary Public for Idaho
My Commission Expires: 3-28-2028
DEVELOPMENT AGREEMENT-CITYSIDE STORAGE H-2023-0058
Page 8 of 8
EXHIBIT A
TEALEY'S LAND 12594 W. Explorer Drive. Suite 155U • t3olse, Idaho 8371
SURVEYING (208) 395-0635
Fax (208) 385.0696
Project_ No-, 4964
Date: August 2, 2022
DESCRIPTION FOR
PARCED. D—HV-55 LLC
A parcel of land being a portion of Lot 26 of Block 1 of BlenviIle Square Subdivision,
filed for record in the affiee of the Ada County Recorder oise, Idaho in Book 102 of Plats
at page 13495, as shown on Record of Surrey No. � I 1 , filed for record in the
office of thu Ada County Recorder, Boise, Idaho under Instrument No_
IoLl--0711U3 lying in the NE 114 of Section 5, T.3N._ R.1E., 6.M.,
Meridian, Adis County, Idaho and more particularly described as fellows:
BEGINNING at th-8 Northwest corner of said Lot 26, marked by a UT irorl pin;
thence along the North boundary of said Lot 26
South &9°22'40" East 173.71 feet to the Northeast corner of said Lot 26, marked
by a 112" iron pin; thence along the East boundary of said Lot 26
South OW34'36" 1Nest 193.10 feet to a point marked by Pl< Mail and Washer;
thence leaving said East boundary
North 8911!5'40" West 86_68 feet to a point marked by a V2" iron pin; thenGe at
right angles
South 00144'20" West 45.77 feet to a paint marked by a 112" iron pin; thence at
right angles
North 89"15'40" blest 87.09 feet to a point on the West boundary of said Lot 26.
marked by a 112" Iron pin; Me nce along said West boundary
North OOn7'20"East 238.51 feet to the POINT OF BEGINNING,
Said parcel of land contains 0.861 ass, more or less.
4 34.7-�
TEALEY'S LAND 12594 W. Explorer Drive, Suite 150 • Boise, Idaho 83713
SURVEYING (208) 385-0636
Fax (208) 385-0696
Project. No.: 4964
Date: August 2, 2022
DESCRIPTION FOR
PARCEL E — HV-55 LLC
A parcel of land being a portions of Lots 26 and 27 of Block 1 of Bienville Square
Subdivision, filed for record in the office of the Ada County Recorder, Boise, Idaho in Book
102 of Plats at page 13495, as shown on Record of Survey No. _13 filed for
record in the office of the Ada County Recorder, Boise, Idaho under Instrument No.
2,01.2- 07 Val lying in the NE 1/4 of Section 5, T.3N., R.1E., B.M.,
Meridian, Ada County, Idaho and more particularly described as follows:
Commencing at the Northwest corner of said Lot 26, marked by a 1/2" iron pin;
thence along the West boundary of said Lot 26
South 00037'20" West 238.51 feet to a point marking the POINT OF BEGINNING,
marked by a 1/2" iron pin; thence leaving said West boundary
South 89°15'40" East 87.09 feet to a point marked by a 1/2" iron pin; thence at
right angles
South 00°44'20" West 119.23 feet to a point marked by a 1/2" iron pin; thence at
right angles
South 89015'40" East 264.00 feet to a point on the East boundary of said Lot 27,
marked by a 1/2" iron pin; thence along said East boundary
South 01014'39" West 36.72 feet to a point marked by a 1/2" iron pin; thence
continuing
South 00°00'00" East 272.68 feet to a point marked by a 1/2" iron pin; thence
leaving said East boundary
North 90°00'00" West 52.78 feet to a point on the South boundary of said Lot 27,
marked by a 1/2" iron pin; thence along said South boundary
North 42020'36" West 111.69 feet to a point marked by a 1/2" iron pin; thence
continuing and along the South boundary of said Lot 26
North 71°26'39" West 254.61 feet to the Southwest corner of said Lot 26, marked
by a 1/2" iron pin; thence along said West boundary of Lot 26
North 12047'01" East 69.51 feet to a point marking a point of beginning of curve,
marked by a 5/8" iron pin; thence continuing along the arc of a curve to the left 20.08 feet,
said curve having a radius of 65.00 feet, a central angle of 17'42'00" and a long chord
bearing
W:\4964\Doc\4964-a desc.docx-jdc
TEALEY'S LAND SURVEYING 12594 W.Explorer Dr.-Suite#150,Boise,Idaho 83713' (208)385-0636
Project No.:4964 Page 2
Date: August 2, 2022
North 9°28'20" East 20.00 feet to a point marking the point or ending of curve,
marked by a 5/8" iron pin; thence continuing
North 00°37'20" East 182.06 feet to the POINT OF BEGINNING,
Said parcel of land contains 2.082 acres, more or less.
LAND
434'7Zl-
9 9T� OF l��y
TICK A �c,A
EXHIBIT B
CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI N,,
AND DECISION&ORDER a
In the Matter of the Request for Conditional Use Permit and Development Agreement
Modification,by Peter Stuhlreyer,Designhaus Architecture,LLC.
Case No(s).H-2023-0058
For the City Council Hearing Date of: May 7, 2024 (Findings on May 28,2024)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of May 7, 2024, incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of May 7, 2024, incorporated by
reference)
3. Application and Property Facts(see attached Staff Report for the hearing date of May 7, 2024,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of May 7,2024,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 Code, and all current zoning maps thereof. The City of Meridian has,by
ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian,
which was adopted December 17,2019, Resolution No. 19-2179 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s)received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision,which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the
Community Development Department,the Public Works Department and any affected party
requesting notice.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of May 7,2024, incorporated by reference. The conditions are concluded to be
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(CITYSIDE STORAGE-H-2023-0058) - 1 -
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 Conditional use Permit and Development Agreement Modification
is hereby approved per the conditions of approval in the Staff Report for the hearing date of
May 7, 2024,attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final plat, or
short plat shall become null and void if the applicant fails to obtain the city engineer's signature
on the final plat within two(2)years of the approval of the preliminary plat or the combined
preliminary and final plat or short plat(UDC 11-6B-7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, and conforms substantially to the approved preliminary plat,
such segments, if submitted within successive intervals of two(2)years,may be considered for
final approval without resubmission for preliminary plat approval(UDC 11-6B-7B).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-613-7.A, the Director may authorize a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up
to two(2)years as determined and approved by the City Council may be granted. With all
extensions, the Director or City Council may require the preliminary plat, combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension, the property shall be required to go through the platting procedure again(UDC 11-
6B-7C).
Notice of Conditional Use Permit Duration
Please take notice that the conditional use permit, when granted, shall be valid for a maximum
period of two(2)years unless otherwise approved by the City. During this time, the applicant
shall commence the use as permitted in accord with the conditions of approval, satisfy the
requirements set forth in the conditions of approval, and acquire building permits and
commence construction of permanent footings or structures on or in the ground. For
conditional use permits that also require platting, the final plat must be signed by the City
Engineer within this two(2)year period.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-5B-6.G.1, the Director may authorize a single extension of the time to commence the
use not to exceed one(1)two (2)year period.Additional time extensions up to two (2)years as
determined and approved by the City Council may be granted.With all extensions,the Director
or City Council may require the conditional use comply with the current provisions of Meridian
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(CITYSIDE STORAGE-H-2023-0058) -2-
City Code Title 1 I(UDC 11-5B-6F).
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 67-651 IA. 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 § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho
Code § 67-6521(l)(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(l)(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 May 7, 2024
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(CITYSIDE STORAGE-H-2023-0058) -3-
By action of the City Council at its regular meeting held on the 28th day of_May
2024.
COUNCIL PRESIDENT LUKE CAVENER VOTED AYE
COUNCIL VICE PRESIDENT LIZ STRADER VOTED AYE
COUNCIL MEMBER DOUG TAYLOR VOTED AYE
COUNCIL MEMBER JOHN OVERTON VOTED AYE
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED AYE
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robert E. Si - on 5-2 8-2 02 4
Attest:
� SF,AL
Chris Joh n 5-28-2024
City Clerk
Copy served upon Applicant,Community Development Department, Public Works Department and City
Attorney.
By: _ Dated: 5-2 8-2 02 4
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(CITYSIDE STORAGE-H-2023-0058) -4-
STAFF REPORT C�I
w IDIAN --
COMMUNITY DEVELOPMENT DEPARTMENT .►A H O
HEARING May 7,2024 Legend
DATE:
■Project Location
TO: Mayor&City Council
FROM: Linda Ritter,Associate Planner
208-884-5533
SUBJECT: H-2023-0058 Cityside Storage—MDA,
CUP
LOCATION: 2755 N. Eagle Road in the NE '/4 of
Section 5,Township 3N.,Range IE.
T
I. PROJECT DESCRIPTION
Modification to the existing Development Agreements(DA)(Inst. #104107406 amended as Inst.
#107044347)to exclude the subject property and parcel#R0945580265,which limits the types of
uses and building square footage to 32,500. The new DA would allow one of the properties to
develop with a storage facility and increase the building square footage to 135,000 square feet with a
building footprint of 32,500; and a Conditional Use Permit for a storage facility, self-service.
II. SUMMARY OF REPORT
A. Project Summary
Description Details
Acreage 2.08 acres
Future Land Use Designation Mixed-Use Regional(MU-RG)
Existing Land Use Vacant T
Proposed Land Use(s) Storage Facility, Self-Service
Current Zoning General Retail&Service Commercial(C-G)
Physical Features(waterways, NA
hazards,flood plain,hillside)
Neighborhood meeting date;#of 9/26/2023 via Zoom;0 people attended
attendees:
History(previous approvals) AZ 05-057,RZ-05-019,PP-05-019,CUP-05-052,PS-05-002,FP-07-012,
and DA Instr.#1040107406� PBA-2022-0021
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Project Location
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III. APPLICANT INFORMATION
A. Applicant:
Peter Stuhlreyer,Designhaus Architecture,LLC—3300 Auburn Road, Suite 300,Auburn Hills,
MI 48236
B. Owner:
Kent Hosac— 1775 W. State Street, Suite 340,Boise,ID 83702
C. Agent/Representative:
Same as Applicant
IV. NOTICING
Planning& Zoning City Council
Posting Date Posting Date
Newspaper Notification 3/5/2024 4/19/2024
Radius notification mailed to
properties within 500 feet 3/l/2024 4/19/2024
Public hearing notice sign posted
3/6/2024 4/25/2024
on site
Nextdoor posting 3/4/2024 4/19/2024
V. COMPREHENSIVE PLAN(HTTPS://WWW.MERIDIANCITY.ORGICOMPPLAN):
A. Future Land Use Map Designation(https://www.meridiancity.org/compplan)
This property is designated Mixed Use Regional on the Future Land Use Map(FLUM).
This designation provides a mix of employment,retail,and residential dwellings and public uses near
major arterial intersectionss for a full range of commercial uses to serve area residents and visitors.
The intent is to integrate a variety of uses together, including residential, and to avoid predominantly
single use developments such as a regional retail center with only restaurants and other commercial
uses. Developments should be anchored by uses that have a regional draw with the appropriate
supporting uses. Desired uses may include entertainment uses,major employment centers, clean
industry,and other appropriate regional-serving most uses. Sample zoning include: R-15, R-40, TN-
C, C-G and M-E.
No changes to the FLUM designation or zoning is proposed with this application.
B. Comprehensive Plan Policies (https://www.meridiancity.or /g compplan):
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.
• "Encourage compatible uses and site design to minimize conflicts and maximize use of land."
(3.07.00)
Storage facilities, self-serviced is an allowed use in the C-G zoning district through an approved
conditional use permit.Although the operation of a storage facility could be fairly low impact,
the current development agreement does not allow the use. Staff feels the design of the proposed
development is not compatible for the following reasons:
o Excessive Height: The proposed building is set to exceed the height of the tallest building
in the immediate area significantly. This excessive height can lead to issues such as
visual impact, overshadowing neighboring structures, or altering the character of the
area.
o Visual Impact: The disproportionate height of the building may disrupt the visual
harmony of the surrounding area. It could potentially create an eyesore or clash with the
existing aesthetic.
o Overshadowing: The height of the proposed building might cast shadows over
neighboring structures, impacting their natural lighting and potentially their
functionality.
o Character of the Area: The proposed development may alter the character of the
neighborhood or area. Maintaining compatibility with existing structures is crucial for
preserving the overall aesthetics and functionality of the neighborhood.
• "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. Cajun Lane. There is an
existing pathyway along the south side of the property in which the applicant is proposing
additional buffer for the residential properties to the south in accord with UDC standards.
• "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.)."(3.07.01C)
A 25 foot wide street buffer is required to be provided with development along N. Eagle Rd., an
arterial street,per UDC Table 11-2B-3, landscaped per the standards in UDC 11-3B-7C. There
is an existing landscape buffer along N. Eagle Road. The property owner is proposing an
additional ten (10)feet of landscaping along N. Eagle Road which exceed the required UDC
standards.
• "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)
Access to the property is via N. Cajun Lane, a private road. There is no direct access to N. Eagle
Road from the property.
• "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 constructed with the road widening project along N. Eagle Rd.
Hook-up to City water and sewer service is required with development.
• "Support beautiful and high quality development that reinforces neighborhood character and
sustainability."(5.01.02)
Although the design of the building may be acceptable, the proposed building is set to exceed the
height of the tallest building in the immediate area significantly. This excessive height can lead to
issues such as visual impact, overshadowing neighboring structures, or altering the character of
the area.
• "Support and protect the identity of existing residential neighborhoods."(5.01.02E)
Staff feels this proposal does not protect the identity of the existing residential neighborhood as
the height of the proposed storage facility exceeds the tallest building in the immediate area by a
significant margin. This may lead to visual impact, overshadowing neighboring structures, or
altering the character of the area.Maintaining compatibility with the existing structures can be
crucial for the overall aesthetics and functionality of a neighborhood or area.
VI. STAFF ANALYSIS
The Applicant proposes to develop this site with a four(4) story self-service storage facility
containing 777 units and 15 exterior drive up self service storage units in climate controlled structures
for a total of 792 units.
The proposed use is subject to the following Specific Use Standards(UDC 11-4-3-34)—Storage
Facility, Self-Service: (Staff 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.
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.
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.
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 11-3B-9.0 of this Title.
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.
1. 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.
Dimensional Standards (UDC 11-2):
The proposal would meet the dimensional standards for setbacks, landscape buffers,parking and
height requirements. However, the existing development agreement does not allow storage
facilities as a use without an amendment.
Staff ,finds the proposed storage facility, self-service if approved at the requested height and
square footage would not maintain compatibility with existing structures which is crucial not only
for aesthetics but also for the functional integration of the new development into the community.
The proposed height will not be harmonious with adjacent residential and commercial uses and
will negatively impact these uses as it may lead to overshadowing of neighboring structures, and
alterations to the area's character which are a concern. Therefore staff recommends the building
height not exceed 35 feet in height which is consistent with the adjacent stuctures in the area.
Hours of Operations(UDC 11-213-313):
The UDC(11-213-313)limits business hours of operation in the C-G zoning district from 6:00 a.m.
to 11:00 p.m. when the property abuts a residential use or district; extended hours may be
requested through a CUP. These restrictions apply to all business operations occurring outside an
enclosed structure, including,but not limited to,customer or client visits,trash compacting, and
deliveries. These restrictions do not apply to business operations occurring within an enclosed
structure,including,but not limited to,cleaning,bookkeeping, and after hours work by a limited
number of employees.
The applicant is proposing to operate the business within the following hours:Monday through
Sunday- 6 a.m. to 11 p.m.
Access(UDC 11-3A-3,11-3H-
Access to the site is from the existing forty foot(40)private road N. Cajun Lane via Ustick Road
or E. Seville Lane from N. Eagle Road. There is no direct access to the property from N. Eagle
Road.
Parking(UDC 11-3C):
A minimum of one(1) off-street parking space is required for every 500 square feet(sf.) ofgross
floor area of the office space—parking is not required for the storage structures. Based on 862
sf., a minimum of one(1)parking space is required.A total of eight(8)parking spaces are
proposed, exceeding UDC the minimum standards.
A minimum of one(1) bicycle parking space is required for every 25 vehicle parking spaces per
UDC 11-3C-6G. Bases on eight(8) vehicle parking spaces, a minimum of one(1) bicycle parking
space is required.A bicycle rack is depicted on the landscape plan.
Sidewalks(UDC 11-3A-1 n:
There is an existing detached ten (10)foot sidewalk along N. Eagle Road and an existing five (5)
foot sidewalk along N. Cajun Lane. Per the Parks Department, multi-use pathways already exist
in this area. No additional pathways are required with this project. Pedestrian lighting along
Eagle Road shall meet the requirements of UDC 11-3H-4C post and luminaire. Historical type
lighting per the Meridian city standard specifications, except the height shall be fourteen (14)
feet.
Landscaping(UDC 11-3B):
There is an existing twenty(20)foot landscape buffer with a ten (10)foot detached sidewalk
along N. Eagle Road an arterial street. The property owner is proposing an additional ten (10)
feet of landscaping along N. Eagle Road which shall be installed per the standards listed in UDC
11-3B-7C.
A 25 foot wide buffer is required to the residential land use to the north as set forth in UDC
Table 11-2C-3 and 11-4-3-34F, landscaped per the standards listed in UDC 11-3B-9C.
There is existing landscaping along the multi-use pathway along the southern property boundary
which was installed with the previous development per the standards listed in UDC 11-3B-12C.
There are no existing trees on this site other than the landscaping along the pathway which will
not be removed and protected during construction.
Fencing(UDC 11-3A-6,11-3A-7)•
The site plan depicts a faux stucco wall enclosing the property.
Outdoor Lighting(UDC 11-3A-111
All outdoor lighting is required to comply with the standards listed in UDC 11-3A-11 C. Light
fixtures that have a maximum output of 1,800 lumens or more are required to have an opaque top
to prevent up-lighting; the bulb shall not be visible and shall have a full cutoff shield in accord
with Figure I in UDC 11-3A-IIC.
Utilities(UDC 11-3A-21):
Water and sewer services were installed with the construction off. Cortona Way and stubbed to
the parcel. Street lights were installed to the east across N. Cortona Way with the construction of
N. Cortona Way. No additional street lights are being proposed with this development.
Waterways(UDC 11-3A-617:
There are no waterways on the property. The Finch Lateral is located on the property to the
south.
Structure and Design Standards (UDC 11-3A-19 I Architectural Standards Manual):
Conceptual building elevations were submitted for the proposed structure as shown in Section
VIII(C). Building materials consist of metal panels and stone pattern tiles. Final design is
required to comply with the design standards in the Architectural Standards Manual(ASM) and
the recorded agreement.
DEVELOPMENT AGREEMENT MODIFICATION(MDA)
The Applicant is requesting a modification to the existing Development Agreement [Inst.
#107044347 to include storage facility as an allowed use and increase the building square footage to
135,000 square feet with a maximum buiding footprint of 32,500 square feet. This requires City
Council action with a recommendation from the Planning Commission on the requested height and
square footage.
The existing development agreement only allows uses such as retail,restaurant and office. A storage
facility is not considered office nor retail as UDC 11-1A-1 defines retail as follows:
The use of a site that offers merchandise to the public for monetary compensation. The use
includes, but is not limited to, convenience stores;food stores; apparel and accessories
stores; book, computer, and music stores; electronics and appliances;florists;furniture
and home furnishings;general merchandise stores; health and personal care stores;
hobby, office supplies, stationery and gift stores;specialty stores;sporting goods; and used
merchandise stores.
Therefore, storage facility is not allowed without an amendment to the existing development
agreement.
The existing development agreement has a maximum square footage of one single building in the C-
G portion of the project that shall not exceed 32,500 square feet. The applicant's request is almost
four(4)times the square footage for the proposed storage facility than allotted to the existing
commercial businesses within this subdivision.
Staff recommends the applicant enter into a new development agreement(DA) as there are too
many owners subject to the previous agreements.The new DA should also include parcel
number R0945580265 along with a revised concept plan and commercial/office building
elevations showing future development of this parcel.A provision in the new DA will limit the
height of all buildings to a maximum height of thirty-five(35)feet.Fifteen(15) days prior to the
City Council hearing,the applicant should provide a revised concept plan,commercial/office
building elevations, and a legal description of the property that will be subject to the new DA.
A comparison table was put together showing the square footage of the existing buildings in the area.
Square Footage Comparison Table
Development Name Address Square Feet
Cityside Storage 2775 N. Eagle Rd 126,084
Discount Tire 2821 N. Eagle Rd 6,947
Mason Retail Bldg 2847 N. Eagle Rd 5,904
Mason Creek Retail Bldg 2959 N. Eagle Rd 7,682
Duplexes Bienville Square No. 2& 3—R-15
SFRs Bienville Square subdivision-R-8
f
54.5'
1
Y
The comparison table showing the height of existing buildings in the area is a valuable tool for
assessing the proposed development's impact on the neighborhood's visual harmony and overall
character. A 64%increase in height compared to the tallest building in the immediate area is a
significant difference that warrants careful consideration.
Visual impact,overshadowing of neighboring structures, and alterations to the area's character are a
concern.Maintaining compatibility with existing structures is crucial not only for aesthetics but also
for the functional integration of the new development into the community. The proposed
development should enhance rather than detract from the overall quality and character of the area.
Height Comparison Table
Development Name Address Height
Cityside Storage 2775 N. Eagle Rd 54.5'
Discount Tire 2821 N. Eagle Rd 26'
Mason Retail Bldg 2847 N. Eagle Rd 30.2'
Mason Creek Retail Bldg 2959 N. Eagle Rd 25.46'
Duplexes Bienville Square No. 2& 3—R-15 24.6'
SFRs Bienville Square subdivision-R-8 35'
The applicant feels the proposed location will create a better transition with the existing residential
areas by moving the mass of the building away from those residential areas and towards Eagle Road
to the east and the existing commercial to the north. The applicant also feels the scale of the
building makes the project much more economically feasible since the high cost of the land can be
spread across more units. Third,the applicant states the proposed height of 54.5 feet conforms with
the existing C-G zoning allowance of 65 feet,which was a significant consideration in the
developer's decision to purchase the land.
Although the applicant has put forth several arguments in favor of the proposed location and
building scale, emphasizing the transition with existing residential areas,economic feasibility, and
adherence to zoning regulations. Staff has concerns regarding the compatibility of the proposed
building with the surrounding structures.
The applicant's points about transitioning the mass of the building away from residential areas,
optimizing economic feasibility through scale, and conforming to the existing zoning regulations are
significant factors. However, it's crucial to consider the visual and architectural harmony within the
surrounding context.
The images provided by the applicant and staff suggest that the proposed building may not blend
well with the immediate area,particularly in comparison to the existing structures. The suggestion
made during the preapplication meeting,recommending a design that aligns better with the
development on the east side of Eagle Road where multi-story apartment buildings are prevalent,
could be a valid consideration.
Balancing economic feasibility, zoning regulations, and aesthetic integration into the existing
environment is often a complex task. It may be beneficial for the applicant to explore design
modifications that address the visual compatibility concerns while still meeting their economic
objectives and conforming to zoning requirements.
Looking West
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Existing Development East of the Proposed Project(East Side of Eagle Road)
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Based on the information provided above, staff is not in favor of recommending approval of the
Development Agreement modification to increase the square footage from 32,500 to 135,000 with a
32,500 building footprint. Staff is in favor of recommending approval of the Development
Agreement modification and CUP for a storage facility with a maximum height of 35 feet and
building square footage of 32,500.
VII. DECISION
A. Staff:
Approval:
Staff recommends approval of the proposed modification to the Development Agreement and
Conditional Use Permit per the DA provisions and conditions in Sections IX and the Findings in
Section X.
B. The Meridian Planning&Zoning Commission heard this item on March 21, 2024.At the
public hearing,the Commission moved to recommend approval of the subject Conditional Use
Permit request.
I. Summary of Commission public hearing_
a. In favor: Ken Hosac, CEO of Hosac Ventures,property owner
b. In opposition: Commissioner Sandoval
C. Commenting: Veda Ballard
d. Written testimony: None
e. Staff presenting application: Linda Ritter,Associate Planner
f Other Staff commenting on application: None
2. Key issue(s) public testimony_
a. Proposed height of the storage facility
3. Key issue(s)of discussion by Commission:
a. Proposed height of the storage fg acility.
4. Commission change(s)to Staff recommendation:
a. The height be less than 54.5 feet as determined by the Council.
5. Outstandingissue(s)sus)for City Council:
a. None
C. The Meridian Citv Council heard these items on May 7,2024. At the public hearing.the Council
moved to approve the subject Conditional Use Permit and Development Agreement
Modification request.
1. Summary of the City Council public hearing:
a. In favor: Applicant.Ken Hosac. Cheri Ure
b. In opposition: Jeff Vrba
c. Commenting: Jeff Vrba. Cheri Ure, Geoff Wardle
d. Written testimony: Cory Swain—Supports the proposed project.
Jon Hastings—Bienville Square Master Property Owners Association(BSMPOAI
supports the project as proposed.
Veda Ballard—Supports the project with a proposed height of 48 feet.
LeeAnn Clark—Supports the proposed project•
Brian Penfold—Bienville Square Subdivision No. 3 HOA Board supports the project as
row
Bruce Dickinson—Board of Jackson Square Homeowners Association supports the
project as proposed.
e. Staff presenting application: Linda Ritter.Associate Planner
f. Other Staff commenting on application: Bill Parsons.Planning Supervisor
2. Key issue(s)of public testimony:
a. Building height
3. Kev_ issue(s)of discussion by City Council:
a. Building height and integration with the surrounding area
4. City Council change(s)to Commission recommendation.
a. Council modified DA provision
VIII. EXHIBITS
A. New Development Agreement Site Plan (4/30/24)
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Parcel N: RWA55W2b5 ,
c Parcel o�Lot 2f3,mock 1f t .
17.534 sf,0.$$1
owner! Hof-ER LLC Ir
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Parcel*, E09455807�5
Parcel E jLots 26&27. glxk 11
Owner HV-55 LLC
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B. New Development Agreement Legal Description (4/30/24)
TEALEY'S LAND 12594 W. Explorer Drive. Suite 155U • t3olse, Idaho 8371
SURVEYING (208) 395-0635
El I Fax (208) 385.0696
Project_ No-, 4964
Date: August 2, 2022
DESCRIPTION FOR
PARCED. D—HV-55 LLC
A parcel of land being a portion of Lot 26 of Block 1 of BlenviIle Square Subdivision,
filed for record in the affiee of the Ada County Recorder oise, Idaho in Book 102 of Plats
at page 13495, as shown on Record of Survey No. � I 1 , filed for record in the
office of thu Ada County Recorder, Boise, Idaho under Instrument No_
JoLl--0711U3 lying in the NE 114 of Section 5, T.3N._ R.1E., 6.M.,
Meridian, Adis County, Idaho and more particularly described as fellows:
BEGINNING at the Northwest corner of said Lot 26, marked by a UT irorl pin;
thence along the North boundary of said Lot 26
South &9°22'40" East 173.71 feet to the Northeast corner of said Lot 26, marked
by a 112" iron pin; thence along the East boundary of said Lot 26
South OW34'36" 1Nest 193.10 feet to a point marked by Pl< Mail and Washer;
thence leaving said East boundary
North 8911!5'40" West 86_68 feet to a point marked by a V2" iron pin; thenGe at
right angles
South 00144'20" West 45.77 feet to a paint marked by a 112" iron pin; thence at
right angles
North 89"15'40" West 87.D9 feet to a point on the West boundary of said Lot 26.
marked by a 112" Iron pin; Me nce along said West boundary
North OOn7'20"East 238.51 feet to the POINT OF BEGINNING,
Said parcel of land contains 0.861 ass, more or less.
4 34.7-�
TEALEY'S LAND 12594 W. Explorer Drive, Suite 150 • Boise, Idaho 83713
SURVEYING (208) 385-0636
Fax (208) 385-0696
Project. No.: 4964
Date: August 2, 2022
DESCRIPTION FOR
PARCEL E — HV-55 LLC
A parcel of land being a portions of Lots 26 and 27 of Block 1 of Bienville Square
Subdivision, filed for record in the office of the Ada County Recorder, Boise, Idaho in Book
102 of Plats at page 13495, as shown on Record of Survey No. _13 filed for
record in the office of the Ada County Recorder, Boise, Idaho under Instrument No.
2,01.2- 07 Val lying in the NE 1/4 of Section 5, T.3N., R.1E., B.M.,
Meridian, Ada County, Idaho and more particularly described as follows:
Commencing at the Northwest corner of said Lot 26, marked by a 1/2" iron pin;
thence along the West boundary of said Lot 26
South 00037'20" West 238.51 feet to a point marking the POINT OF BEGINNING,
marked by a 1/2" iron pin; thence leaving said West boundary
South 89°15'40" East 87.09 feet to a point marked by a 1/2" iron pin; thence at
right angles
South 00°44'20" West 119.23 feet to a point marked by a 1/2" iron pin; thence at
right angles
South 89015'40" East 264.00 feet to a point on the East boundary of said Lot 27,
marked by a 1/2" iron pin; thence along said East boundary
South 01014'39" West 36.72 feet to a point marked by a 1/2" iron pin; thence
continuing
South 00°00'00" East 272.68 feet to a point marked by a 1/2" iron pin; thence
leaving said East boundary
North 90°00'00" West 52.78 feet to a point on the South boundary of said Lot 27,
marked by a 1/2" iron pin; thence along said South boundary
North 42020'36" West 111.69 feet to a point marked by a 1/2" iron pin; thence
continuing and along the South boundary of said Lot 26
North 71°26'39" West 254.61 feet to the Southwest corner of said Lot 26, marked
by a 1/2" iron pin; thence along said West boundary of Lot 26
North 12047'01" East 69.51 feet to a point marking a point of beginning of curve,
marked by a 5/8" iron pin; thence continuing along the arc of a curve to the left 20.08 feet,
said curve having a radius of 65.00 feet, a central angle of 17'42'00" and a long chord
bearing
W:\4964\Doc\4964-a desc.docx-jdc
TEALEY'S LAND SURVEYING 12594 W.Explorer Dr.-Suite#150,Boise,Idaho 83713' (208)385-0636
Project No.:4964 Page 2
Date: August 2, 2022
North 9°28'20" East 20.00 feet to a point marking the point or ending of curve,
marked by a 5/8" iron pin; thence continuing
North 00°37'20" East 182.06 feet to the POINT OF BEGINNING,
Said parcel of land contains 2.082 acres, more or less.
LAND
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D. Existing Development Agreement
4. USES PERMITTED BY THIS AGREEMENT:
The uses allowed pursuant to this Agreement are only those uses allowed under City's
Zoning Ordinance codified at Meridian Unified Development Code§ 11-2A-2 and 11-2B-2
which are herein specified as follows:
Construction and development of up to 54 Single Family Residential lots,22
Multi Family Residential lots, 14 common lots and up to 7 commercial/office lots(to
include up to 65,000 square feet of retail/restaurant/and office uses in the proposed C-G
zone)pertinent to AZ-05-057, PP-05-059, RZ-05-019, PS-05-002 and
CUP-05-052 applications.
Part of the 28.48 acre site was approved for annexation with a Development Agreement in
April,2004 under the name of Kissler Annexation(file no. AZ 03-018). The DA, instrument
no. 104107406,requires that anyfuture use be approved either though a site specific CUP
application or a Planned Development. A concept plan for the overall site was submitted
with the application for informational purposes.
4.2 No change in the uses specified in this Agreement shall be allowed without modification of
this Agreement.
5. DEVELOPMENT IN CONDITIONAL USE:
Owner/Developer has submitted to City an application for conditional use permit site plan
dated February 13, 2006, and shall be required to obtain the City's approval thereof, in
accordan.ce to the City's Zoning and Development Ordinance criteria, therein, provided,
prior to, and as a condition of, the commencement of construction of any buildings or
improvements on th.e Property that require a conditional use permit. No new buildings are
approved for construction under this conceptual CUP/PD application. Except for the single
family Jots,all future buildings on this site shall require approval of design review at staff level
prior to submittal of any Certificate of Zoning Compliance application and/or building
permit.
6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
6.1 Owner/Developer shall develop the Property in accordance with the following special
conditions:
1. The site has an existing development agreement fustrument No. 104107406. The
entire 28.48 acres shall have a new development agreement which shall incorporate
the DA from the prior approval of 2003-2004 and include any further restrictions as
detailed in this report.
2. That all future uses shall not involve uses,activities,processes,materials,equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic,noise, smoke, fumes, glare or
odors.
3. That all future development of the subject property shall be constructed in accordance with
City of Meridian ordinances in effect at the time of the development.
4. That the applicant be responsible for all costs associated with the sewer and water service
extension.
5. That any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service,per City OrdinanceSection 5-7-517,when services
are available from the City of Meridian. Wells may be used for non-domestic purposes
such as landscape irrigation.
6. That the maximum building footprint square footage of the C-G portion of the project shall
not exceed a 20%increase or decrease of 54,000 sq. ft. for a minimum of 43,200 sq. ft. and a
maximum of 65,000 sq. ft. That the maximum square footage of one single building in the C-
G portion of the project shall not exceed 32,500 square feet,which is approximately'/2 of the
maximum allowable commercial square feet on this property.
7. That prior to issuance of any certificate of zoning compliance all landscaping shall be
constructed along the southern and eastern property boundary and along Eagle Road to the
point of connection with adjoining projects. The commercial/office lots should include either
a permanent easement or be redesigned to include landscaping in common lots.
8. The applicant has committed a plan to provide a pathway with specific fencing along the
southern and western boundaries. The fencing plan shall be constmcted as detailed at the
public hearing on April 4,2006.
9. The applicant has shown several elevations for both the alley accessed residential,
condominium, and detached single family residential products. The elevations shall be in
substantial confonnance to the elevations presented at the April 18,2006 hearing. These
elevations shall have similar modulation and treatments to the elevations presented to council
as determined by the Planning Director.
10. The elevations for the commercial/office buildings shall substantially comply with the
elevations submitted by the applicant at the April 18, 2006 hearing. Further,the applicant
shall coordinate with the developer of Sadie Creek Promenade to create a unified appearance
throughout both projects.
11. The applicant shall coordinate with the Meridian Parks Department and Nampa Meridian
Irrigation District to define the location of the multi use pathway,bridge maintenance, and
landscaping along the Finch Lateral.
E. Applicant's Proposed Modifications to the Development Agreement Lanaguage
Provisions with Proposed Changes in Strike-Out/Underline Format:
4 USES PERMITTED BY THIS AGREEMENT:
4.1 Constfuetion and development of up to 54 Single Family Residential lots, 22 Multi Fami4y
squafe feet of r-etail/fesidefAial/a-ad offiee uses in in the proposed G G zone)pei4ineat to AZ
4.3 The construction and development of a self-storage facility on Parcel No.R0945580275
(2755 N. Eagle Road)with combined building footprints of up to 36,000 square feet and a
combined gross building area over multiple stories of up to 135,000 square feet.
Change: We propose to add a new Section 4.3 that specifies the use self-storage use and
adds (for our parcel) the combined building footprints (36K sji and the combined
building area (I35Ksj).
Note: The 3YdAddendum (518114) inadvertently deleted the commercial/office language
in Section 4.1 of the 2nd Addendum (2121113), so the original commercial/office
language technically no longer exists.
6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
65,000 sq. & ThM the maximttm square footage of one single building in the C G P014ion e
l
,� of the maximi—im
allowable, .,l s e foot o this p pe f« .
6.1.6 The maximum square footage for the footprint of a single building within the C-G portion of
the project shall not exceed 32,500 square feet. The maximum square footage for the
combined footprints of all buildings within the C-G portion of the project shall not exceed
75,000 square feet.
Change: We propose to change the restrictions to limit "building footprints"rather than
"building area", with limits of 32.5K sf for a single building and 75K for the
entire commercial subdivision.
Note: The I"Addendum (3129107)specifies building area limits of 32.5K sffor a single
building and 65K sf for the entire commercial subdivision. The footprints of the
existing buildings total 28,247 sf(according to the Ada County Parcel Viewer).
6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
6.1.10 The elevations for-the eemmer-eial/effiee buildings shall substantially eoff1ply with th
shall eeer-dinate with the developer-of Sadie Greek Promenade to er-eate a t1fli
6.1.10 The elevations for the proposed buildings on Parcel No. R0945580275 (2755 N. Eagle Road)
shall comply with the elevations in the CUP approved concurrently with this 5th Addendum.
Elevation requirements for all other commercial/office buildings in the C-G portion of the
project shall remain unchan end.
Change: Comply with the new elevations contained in our CUP application rather than the
elevations originally submitted on 4118106.
Note: The P Addendum (3129107)specifies compliance with the elevations submitted by
the former applicant on 4118106.
IX. CITY/AGENCY COMMENTS
A. PLANNING DIVISION
1. Development Agreement Modification
Fifteen(15)days prior to the City Council hearing,the applicant shall provide the
revised concept plan that includes parcel R0945580265,commercial/office building
elevations and a legal description of the property subject to the new DA.
1.1 The new DA shall be signed by the property owner and returned to the Planning Division
within six(6)months of the City Council approval of the Findings. The DA shall,at
minimum,incorporate the following provisions:
a. Future development of this site shall be generally consistent with the concept plan and
conceptual building elevations included in Section VIII and the provisions contained
herein.
b. The future use of this site is limited to the self-service storage facility,office, and retail
uses. The self storage building shall not exceed 50 feet in height, including the naranet
2. Conditonal Use Permit
2.1 The Applicant shall comply with the specific use standards listed in UDC 11-4-3-34—Self-
Service Storage Facility.
2.2 Outdoor lighting shall comply with the standards listed in UDC 11-3A-11. Lighting details
shall be submitted with the Certificate of Zoning Compliance application that demonstrate
compliance with these standards.
2.3 Add decorative pedestrian lighting along Eagle Road that meet the requirements of UDC 11-
3H-4C post and luminaire.
2.4 Protect the existing landscaping on the site during construction,per UDC 11-3B-10.
2.5 The facility hours of public operation shall be limited to 6:00 a.m. to 11:00 p.m.because the
property abuts a residential zoning district per UDC 11-4-3-34E.
2.6 A Certificate of Zoning Compliance and Design Review application is required to be
submitted to the Planning Division and approved prior to submittal of a building permit
application.
2.7 The conditional use permit is valid for a maximum period of two (2)years unless otherwise
approved by the City. During this time,the Applicant shall commence the use as permitted in
accord with the conditions of approval, satisfy the requirements set forth in the conditions of
approval,and acquire building permits and commence construction of permanent footings or
structures on or in the ground as set forth in UDC 11-5B-6.A time extension may be
requested asset forth in UDC 11-5B-6F.
B. PUBLIC WORKS
https:llweblink.meridiancity.orglWebLinkIDocView.aspx?id=331424&dbid=0&repo=MeridianC
Lty
C. ADA COUNTY HIGHWAY DISTRICT(ACHD)
https:llweblink.meridiancioy.orglWebLinkIDocView.aspx?id=331434&dbid=0&repo=MeridianC
ity
D. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ)
https:llweblink.meridianciU.orylWebLinkIDocView.aspx?id=331434&dbid=0&repo=MeridianC
Lty
E. IDAHO TRANSPORTATION DEPARTMENT(ITD)
https:llweblink.meridianciU.orglWebLink/Doc View.aspx?id=331434&dbid=0&repo=MeridianC
X. FINDINGS
Conditional Use(UDC 11-5B-6)
Findings: The commission shall base its determination on the conditional use permit request upon the
following:
I. That the site is large enough to accommodate the proposed use and meet all the dimensional and
development regulations in the district in which the use is located.
Council finds the site is large enough to accommodate the proposed use (i.e. storage facility, self-
service) and can meet all of the dimensional and development regulations of the C-G zoning
district.
2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord
with the requirements of this title.
Council finds the proposed storage facility, self-service if approved at the requested height and
square footage would not maintain compatibility with existing structures which is crucial not only
for aesthetics but also for the functional integration of the new development into the community.
The proposed height will not be harmonious with adjacent residential and commercial uses and
will negatively impact these uses as it may lead to overshadowing of neighboring structures, and
alterations to the area's character which are a concern.
3. That the design, construction, operation and maintenance will be compatible with other uses in
the general neighborhood and with the existing or intended character of the general vicinity and
that such use will not adversely change the essential character of the same area.
Council finds the proposed height exceeds the tallest building in the immediate area by a
significant margin, and may lead to overshadowing of neighboring structures, and alterations to
the area's character which are a concern. Maintaining compatibility with the existing structures
is crucial for the overall aesthetics and functionality of a neighborhood or area.
4. That the proposed use,if it complies with all conditions of the approval imposed,will not
adversely affect other property in the vicinity.
Council finds the proposed storage facility, self-service if approved at the requested height and
square footage would not maintain compatibility with existing structures which is crucial not only
for aesthetics but also for the functional integration of the new development into the community.
The proposed height will not be harmonious with adjacent residential and commercial uses and
will negatively impact these uses as it may lead to overshadowing of neighboring structures, and
alterations to the area's character which are a concern.
5. That the proposed use will be served adequately by essential public facilities and services such as
highways, streets, schools,parks,police and fire protection, drainage structures,refuse disposal,
water, and sewer.
Council finds the proposed use can be served by essential public facilities and services as
required; the proposed use(i.e. storage facility, self-service) will not have an impact to the
provision of services.
6. That the proposed use will not create excessive additional costs for public facilities and services
and will not be detrimental to the economic welfare of the community.
Council finds the proposed use (i.e. storage facility, self-service) will not create additional costs
for public facilities and services and will not be detrimental to the economic welfare of the
community.
7. That the proposed use will not involve activities or processes,materials, equipment and
conditions of operation that will be detrimental to any persons,property or the general welfare by
reason of excessive production of traffic,noise, smoke, fumes, glare or odors.
Council finds the proposed use (i.e. storage facility, self-service), will not involve activities or
processes, materials, equipment and conditions of operation that will be detrimental to any
persons,property or the general welfare by reason of excessive production of traffic, noise,
smoke,fumes, glare or odors.
Council finds the proposed storage facility, self-service if approved at the requested height and
square footage would not maintain compatibility with existing structures which is crucial not only
for aesthetics but also for the functional integration of the new development into the community.
The proposed height will not be harmonious with adjacent residential and commercial uses and
will negatively impact these uses as it may lead to overshadowing of neighboring structures, and
alterations to the area's character which are a concern.
8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or
historic feature considered to be of major importance. (Ord. 05-1170, 8-30-2005,eff. 9-15-2005)
Council finds the proposed use (i.e. storage facility, self-service) will not result in the destruction,
loss or damage of any such features.
9. Additional findings for the alteration or extension of a nonconforming use:
a. That the proposed nonconforming use does not encourage or set a precedent for additional
nonconforming uses within the area; and,
This finding is not applicable.
b. That the proposed nonconforming use is developed to a similar or greater level of conformity
with the development standards as set forth in this title as compared to the level of
development of the surrounding properties.
This finding is not applicable.