HomeMy WebLinkAboutZ - DA Ada County Recorder Trent Tripple 2025-067526
Boise,Idaho Pgs=42 dryalls 10/15/2025 10:16:10 AM_
CITY OF MERIDIAN IDAHO$0.00
Electronically Recorded
DEVELOPMENT AGREEMENT
PARTIES: City, of Meridian -
2. Tern Mile Storage Condos LLJC,Owner/Developer
THIS TFI VEL PMENT AGR. EMEN'r (this greenfent)" is made and entered into this
..day cif m., d between City of eridila n,al municipal corporation
of the !state ofI ah , hereafter called CITY, whose address is 33 Ins Broadway Avenue, Meridian,
Idaho 83642, and "Fen Mile Storage Condos L,L.C:, whose address is 6554 N. Fox Run ,venue,
Meridian, Idaho 83646, hereinafter called C ER/DE' EI.xOPERw
I RECITALS:
I l WHEREAS,Owner is the scale owner, in law and/or 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 rafter referred to as the"Property"; and ,
L2 WHEREAS, Idaho Code § 67-6511 A provides that cities may, by ordinance,
require or permit as a condition of zoning that the Owner and/or Developer
make a'v 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 I I- I -3 of the Unified Development Code("UDC").,which authorizes
development agreements upon the annexation and/or re-zoning of land; and
14 WHEREAS, Owner/Developer have submitted an application for annexation
and zoning of 5.545 acres of lane/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 hove the property will be
developed and what improvements will be made; and
1.5 WHEREAS, Owner/Developer 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
L6 WHEREAS,the record of the proceedings for requested rezoning held before
Planning and Zoning Commission and the C:ity? Council it includes resp<-an es of
govemment subdivisions providing services 'within the City of Meridian
planning jurisdiction and includes farther testimony and comment;and
L7 WHEREAS, on the 1611 day of September, 2025, 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
M.'w"r.Or MEN r ltcttrEt".IaltwNT _TpiN Mlt,u, ts,,x(H-202 -00 7) PAGE 1 car-
1.8 WHEREAS, the Findings require the Owner/Developer to enter into a
Development Agreement before the City Council takes final action on final
plat; and
1.9 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
1.10 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 Ten Mile Storage Condos
LLC, whose address is 6554 N. Fox Run Avenue, Meridian, Idaho 83646,
hereinafter called O"ER/DEVELOPER, the parry 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.
DEVELOPMENT AGREEMENT-TEN MILE FLEX(H-2025-0027) PAGE 2 of 8
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,
landscape plan, and conceptual building elevations included in Section VILD 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. Any future development of the site must comply with the City of Meridian
ordinances in effect at the time of the development.
c. A Certificate of Zoning Compliance and Design Review application(s) shall be
submitted and approved prior to submittal of building permit applications for this
site.
d. In accord with UDC 11-3A-3, the applicant shall construct driveway stubs to the
north and south property lines and record a cross-access/ingress-egress easement
granting accesses to the north (Parcel #SO434417201) and south (Parcel
#SO434417605) properties in an effort to combine and limit access points to N.
Ten Mile Road. Copies of the recorded easements shall be submitted with the
Certificate of Zoning Compliance application for the proposed use.
e. All existing structures shall be removed from the property prior to issuance of the
first building permit.
f. The applicant shall consolidate all the access points into a single access point as
shown on the concept plan. At the submittal of the first certificate of zoning
compliance, the access point being removed shall be replaced with curb, gutter,
sidewalk, and landscaping in compliance with the UDC.
g. The multi-tenant industrial building will be allowed to develop with all the uses
listed in UDC 11-2C-2,with the further restriction of Storage Facility, Self-Service
and Storage Facility, Outdoor.
h. Provide proof of Doc Lane being an approved private street from the county or
apply for a private street application with the City prior to issuance of the
certificate of zoning compliance.
i. Comply with the specific use standards for a Self-Service Storage Facility and for
all prospective uses going into the multi-tenant industrial building in UDC 11-4-3.
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.
DEVELOPMENT AGREEMENT-TEN MILE FLEX(H-2025-0027) PAGE 3 of 8
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. hi 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
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
DEVELOPMENT AGREEMENT-TEN MILE FLEX(H-2025-0027) PAGE 4 of 8
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,
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:
Ten Mile Storage Condos LLC
6554 N. Fox Run Avenue
Meridian, Idaho 83646
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
DEVELOPMENT AGREEMENT-TEN MILE FLEX(H-2025-0027) PAGE 5 of 8
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.
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
DEVELOPMENT AGREEMENT-TEN MILE FLEX(H-2025-0027) PAGE 6 of 8
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-TEN MILE FLEX(H-2025-0027) PAGE 7 of 8
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made it
effective as hereinabove provided.
OWNER/DEVELOPER:
Ten Mile Storage Condos LLC
By (Prin
Its (title):
State of Idaho )
ss:
County of Ada ) II_
On this 4 day of_l AP 6M , 2025, before me, the undersigned, a Notary Public in and for said State,
personally appeared AlUX ,known or identified to me to be the__0_L00" of Ten Mile
Storage Condos 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.
PATRICK LOUNSBURY Notary Public
V1 01�j
COMMISSION 1t20252598 My Commission Expires: 10 3
NOTARY PUBLIC
STATE OF IDAHO
CITY OF MERIDIAN ATTEST:
By:
Mayor Robert E. Sim ison 10-14-2025 Chris Johnson, City Clerk 10-14-2025
State of Idaho )
ss
County of Ada )
On this 14th day of October , 2025,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-TEN MILE FLEX(H-2025-0027) PAGE 8 OF 8
EXHIBIT A
ELEVATED LAND SURVEYING
ELEVATED 3534 Apolena Ave. Idaho Falls, Idaho 83401
_spencerm gel evatedlandsurveys.com 435-633-3012
LAND SURVEYING
ANNEXATION BOUNDARY
A parcel of land located in the Southeast Quarter of the Northeast Quarter of
Section 34. Township 4 North, Range 1 West, Boise Meridian, City of Meridian,
Ada County, Idaho, more particularly described as follows:
BEGINNING at the East Quarter corner of said Section 34; thence along
the section line North 000 52' 43" East 307.01 feet to the TRUE POINT OF
BEGINNING;
Running thence South 89' 17' 38" West 721.17 feet to a found 5/8" iron rod
and no cap;
Thence North 000 51' 19" East 344.11 feet to a found 5/8" iron rod and cap
marked pis 4998;
Thence South 89' 16' 00" East 721.03 feet to said section line;
Thence along said section line South 00' 52' 43" West 325.99 feet to the
TRUE POINT OF BEGINNING.
CONTAINING: 5.545 acres
y%CEN
20907
r f Z-,ZO,Zf
�R MCC
Page 1 of 1
ANNEXATION EXHIBIT SKETCH T
CITY OF MERIDIAN lv LOCATED IN THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 34,TOWNSHIP4
NORTH,RA WEST,B MERIDIAN,ADA FOUND ALUMINUM CAP MARKED
ADA COUNTY,IDAHDAHO PLS 18780 2020 MARKING THE
NORTH SIXTEENTH CORNER OF
SEC.34,T4N,RIW,B.M.
CP&F NO.2020162067 I
APN ER:10 MILE I
END"IRON OWNNT N MILE DEVELOPMENT,LLC
RODAND 4315NTEN MILE ROAD (R57-N89°15'19"W]21.08 FT)(RS3-N89°14'48"W) FND a"IRON
ROD NO CAP
_'APPLs4998__ S89°16'00"E 721.03 FT(M)
o a9 160
END r IRON ROD AND I I Ur LL CAP PLS 18780 I Z w
Q M o
M W zn
LULL
LL
H" J_
w�
ANNEXATION BOUNDARY IZ m 0
ADA COUNTY REFERENCE
H W 241,557 SQ FT F °Q <A o N 71
n N Q 04 z RS1-RECORD OF SURVEY-ROB NO.2024
c m 5.545 AC I Z M m LFJ g RS2-RECORDOFSURVEY-ROSNO.12740
I i3 rcz RS3-RECORD OF SURVEY-ROS NO.9814
- RS4-RECORD OF SURVEY-ROB NO.13861
MED
n v In rc
C
z OAPN: R:431420E I N
Z OWNER:TEN
EROA VORBECK
4255 N TEN MILE ROAD C,
I �
APN:SO434142020 I tU—OWNER:LARRY BOWMAN I ti10EN
3475 W DOC LN
20907
S89°17'38"W 721.17 FT(M) _ n m f-z-sozS o
I END IRONEND A"IRON :.pA.a9 9Q�O
ROD NO CAP (R51-N89°18'1]"E 721.35 FT) PLSOD AND S 18780C� ~o OF 1
APN:SO434141955 MC
END r IRON OWNER:VAST PROPERTIES LLC �r n
FND"IRON ROD NO CAP 4115 N TEN MILE ROAD {�,L mT
ROD AND CAP FOUND BRASS CAP MARKED PLS ANNEXATION
PLS 4998 187N 2020 MARKING THE EAST CITY OF MERIDIAN
QUARTER CORNER OF SEC.34,
T4N,Ri W,B.M.P.00_ LOCATED IN THE SOUTHEASTQUARTER OF THE NORTHEAST QUARTER OF
CP&F NO.2020162066 SECTION 34,TOWNSHIP 4 NORTH,RANGE 1 WEST,BODE MERIDIAN,
LEGEND ADA COUNTY,IDAHO
ANNEXATION BOUNDARY LINE P.O.B. POINT OF BEGINNING
—__—__— PLSS TIE LINE (M) MEASURED DISTANCE DRAWN BY:SJM /�
INST. INSTRUMENT DATE:5-2-2025
—_—— ADJOINING TITLE LINE NO. NUMBER
CP&F CORNER PERPETUATION AND FILING RECORD SCALE:1"80' ELEVATED
GOVERMENT PLSS MONUMENT (SQ) SQUARE FEET CADFILE:25-000531685P
AS NOTED (AC) ACRES LAND SURVEYING
JOB NAME:31685P
FOUND SURVEY MONUMENTAS NOTED J—A—LENA AVE IUAHO FALLS,IU
SHEET NO.1 OF 1 435-633.812
EXHIBIT B
CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI
AND DECISION& ORDER
In the Matter of the Request for Annexation of 5.55 acres of land for the construction of
approximately 15,900 square feet of multi-tenant industrial and 70,250 square feet of self-service
storage(storage condos)in the I-L zoning district,by Jeff Hatch.
Case No(s). H-2025-0027
For the City Council Hearing Date of: September 9',2025 (Findings on September 16t'', 2025)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of September 9t'', 2025, incorporated
by reference)
2. Process Facts(see attached Staff Report for the hearing date of September 9t'',2025, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of September 9t'',
2025, incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of September 16t', 2025, 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.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(TEN MILE FLEX-FILE H-2025-0027) - 1 -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of September 16t'',2025, 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 is hereby approved per the conditions of approval in the
Staff Report for the hearing date of September 9t'',2025, 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 11-613-7A).
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 11-613-713).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-6B-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-
613-7C).
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
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(TEN MILE FLEX-FILE H-2025-0027) -2-
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(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 September 16',2025.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(TEN MILE FLEX-FILE H-2025-0027) -3-
By action of the City Council at its regular meeting held on the 16th day of September,2025.
COUNCIL PRESIDENT LUKE CAVENER VOTED AYE
COUNCIL VICE PRESIDENT LIZ STRADER VOTED AYE
COUNCIL MEMBER DOUG TAYLOR VOTED
COUNCIL MEMBER JOHN OVERTON VOTED AYE
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED AYE
COUNCIL MEMBER BRIAN WHITLOCK VOTED AYE
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
By Luke Cavener, Council President 9-16-2025
Attest:
(��, (
9FAI.
Chris Johns 9-16-2
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Na&wW Dated: 9-16-2025
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(TEN MILE FLEX-FILE H-2025-0027) -4-
COMMUNITY DEVELOPMENT
C�WE I�IAN r--
DEPARTMENT REPORT
HEARING 9/9/2025 Legend
DATE: Project location
TO: Mayor&City Council Area of impact
_= City Limits
FROM: Nick Napoli,Associate Planner O Analysis _
208-884-5533
nnapoli@meridiancity.org
APPLICANT: Jeff Hatch
SUBJECT: H-2025-0027 -
Ten Mile Flex _
LOCATION: Located at 4255 N. Ten Mile Road in the =—� -
Tom .
southeast 1/4 of the northeast 1/4 of ;
Section 34,TAN.,R.1 W. i
I. PROJECT OVERVIEW
A. Summary
Annexation of 5.55 acres of land for the construction of approximately 15,900 square feet of
multi-tenant industrial and 70,250 square feet of self-service storage(storage condos)in the I-L
zoning district.
B. Issues/Waivers
The applicant requests a City Council waiver to reduce the 25-foot landscape buffers to 10
feet to the south and west and 15 feet to the north. The property is surrounded by existing
residential in Ada County.
C. Recommendation
Staff: Approval
Commission: Approval as presented in the staff report.
D. Decision
Council: Approved as presented in the staff report.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(TEN MILE FLEX—FILE H-2025-0027) -5-
I1. COMMUNITY METRICS
Table 1: Land Use
Description Details Map Ref.
Existing Land Use(s) Residential -
Proposed Land Use(s) Industrial -
Existing Zoning RUT in Ada County VILA.2
Proposed Zoning Light Industrial(I-L)
Adopted FLUM Designation Mixed Use Non-Residential VILA.3
Table 2: Process Facts
Description Details
Preapplication Meeting date 3/11/2025
Neighborhood Meeting 4/10/2025
Site posting date 8/26/2025
Table 3: Community Metrics
Agency/Element Description/Issue Reference
Ada County Highway District IV.0
• Comments Received Yes -
• Commission Action Required No -
• Access Doc Lane(Private Street)via N.Ten Mile Road(Arterial -
Road)
• Traffic Level of Service N.Ten Mile Road:Better than"E" -
ITD Comments Received Yes:No Comment
Meridian Public Works Wastewater IV.B
• Distance to Mainline Available at Site
• Impacts or Concerns See Public Works Site Specific Conditions
Meridian Public Works Water
• Distance to Mainline Available at Site
• Impacts or Concerns None
Note: See section IV. City/Agency Comments & Conditions for comments received or see the
public record.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(TEN MILE FLEX—FILE H-2025-0027) -6-
Figure 1: Service Impact Summary
ImpactService . .
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Caution
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FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(TEN MILE FLEX-FILE H-2025-0027) -7-
III. STAFF ANALYSIS
Comprehensive Plan and Unified Development Code(UDC)
A. General Overview
The subject property is designated as Mixed Use Non-Residential on the Future Land Use Map
(FLUM). The proposed zoning of Light Industrial(I-L)is consistent with the FLUM. The
applicant is proposing to construct approximately 15,900 square feet of flex space and 70,250
square feet of self-service storage(storage condos). These uses are listed as allowed in the I-L
zoning in the UDC and Comprehensive Plan.
The purpose of the MU-NR designation is to designate areas where new residential dwellings will
not be permitted, as residential uses are not compatible with the planned and/or existing uses in
these areas. For example,MU-NR areas are used near the City's Wastewater Resource Recovery
Facility and where there are heavy industrial or other hazardous operations that need to be
buffered from residential.
The subject site is surrounded by Ada County residential properties zoned RUT. However,the
broader area is primarily designated as Mixed-Use Non-Residential and Low-Density Residential
on FLUM. Industrial spaces and self-storage facilities are a desired use specified in the Mixed-
Use Non-Residential designation, as noted above. The multi-tenant industrial spaces provide
employment opportunities and valuable spaces for small-scale industrial businesses. Each user
will be evaluated at the time of applying for certificate of occupancy.
The self-service storage on the rear of the property is proposed to be constructed with phase one
(1)of the development. The multi-tenant industrial buildings fronting on Ten Mile Road will be
included in phase two(2) of the development.
The self-service storage(storage condos) are a heightened use for storage, as they will be bought
individually for luxury storage. The applicant intends to condo these units once they have begun
construction. The applicant will be required to short plat the property to condo the units once the
building permits have been submitted.
The multi-tenant industrial building will be allowed to develop with all the uses listed in UDC 11-
2C-2,with the further restriction of Storage Facility, Self-Service and Storage, Outdoor. The
intent of restricting these uses further is to promote employment uses in these tenant spaces.
Therefore, Staff finds the proposed use should be an appropriate use in the MU-NR FLUM
designation for the reasons noted above.
• Slow the outward progression of the City's limits by discouraging fringe area
development; encourage development of vacant or underutilized parcels currently
within City limits. (4.05.03B) The subject property is eligible for annexation and has
city limits on one (1) of its four sides. Currently, this property is used residentially,
and by redeveloping it will provide opportunities for properties to the west to
develop.
• Ensure that regulations and plans support and encourage desired development and land use
patterns within the Area of City Impact. (3.01.01 C)Based on feedback from stakeholders, the
desired land use for this area is primarily industrial, as Meridian has very little vacancy and
is a desirable location for industrial users.
• "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
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(TEN MILE FLEX-FILE H-2025-0027) -8-
north for future access via Ten Mile Rd. through the subject property to reduce
access points on the arterial street(i.e. Ten Mile Rd.).
• Pursue economic development opportunities with technology,healthcare, environmentally-
friendly manufacturing, light industrial, and professional service industries. (2.08.02) The
development incorporates a multi-tenant industrial building that will allow for smaller
businesses to find a place to operate in Meridian.
Table 4: Project Overview
Description Details
History N/A
Physical Features Piped irrigation ditch next to the five-foot multi-use pathway
Acreage 5.089 Acres
B. Site Development and Use Analysis
1. Existing Structures/Site Improvements (UDC 11-1):
The site currently contains four(4)residential and accessory structures. Prior to the issuance
of the building permit,these structures shall be removed.
2. Proposed Use Analysis (UDC 11-2):
The applicant has indicated the proposed uses for the site intends to be industrial multi-tenant
buildings along the Ten Mile Road frontage and self-storage buildings(storage condos)in the
rear of the property. The use of industrial buildings and self-storage facilities(storage
condos) aligns with the Mixed-Use Non-Residential(MUNR) future land use designation,
which accommodates a range of commercial and industrial users. This project not only
provides employment and industrial options within city limits but also advances the city's
economic goals and meets the needs of its residents. Specifically,it complies with Policy
3.07.01D,which promotes the preservation of industrial land by discouraging non-industrial
uses and emphasizing light manufacturing, distribution, flex-space, and base employment.
Additionally, it aligns with Policy 3.03.01E,which encourages infill development within the
city. The property's location adjacent to N. Ten Mile Road enhances its accessibility and
supports the local industrial landscape, addressing the demand for such developments in both
the immediate area and the wider community. Furthermore, industrial buildings and self-
storage facilities are permitted in the I-L zoning district,which supports the applicant's
proposal.
3. Dimensional Standards (UDC 11-2):
Development of the site shall comply with the dimensional standards of the I-L zoning
district in UDC Table 11-313-3.Based on the concept plan and elevations, the applicant is
meeting the 35 foot building setback, and 50 foot height limit.
4. Specific Use Standards (UDC 11-4-3):
UDC 11-4-3-34: Storage Facility, Self-Service
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.
The applicant is proposing the storage facilitylbuilding to be for storage condos which
will be for personal storage use and not for business purposes.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(TEN MILE FLEX—FILE H-2025-0027) -9-
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.
The applicant will comply with this if and when this happens at the facility.
c. The distance between structures shall be a minimum of twenty-five(25)feet.
The applicant meets this standard.
d. The storage facility shall be completely fenced,walled,or enclosed and screened from
public view. Where abutting a residential district or public road,chainlink shall not be
allowed as fencing material.
The storage building will have enhanced architecture, and the roll-up doors will
screened from public view. This is not a typical storage building as it will be used for
storage condos, which is a more specialized and heightened use. The applicant is also
proposing fencing that willfully enclose the storage facility. However, the fencing shall
be closed vision.
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.
The applicant will conform with this standard.
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.
The applicant is requesting a council waiver to the 25 foot landscape buffer to reduce it
to 10 feet for the adjacent residential properties to the west and south and 15 feet to the
north. The applicant has received letters of support from the neighboring property
owners to the west and south in support of this waiver.
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 applicant will comply with these standards.
h. The facility shall have a second means of access for emergency purposes as
determined by the Fire Marshal.
The fire department has reviewed the concept plan and has deemed the site to have
adequate access.
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.
The applicant is not proposing outdoor storage on the site.
j. The site shall not be used as a"vehicle wrecking or junk yard" as herein deemed.
The applicant will comply with this standard.
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.
Not applicable.
C. Design Standards Analysis
1. Structure and Site Design Standards (Comp Plan, UDC 11-3A-19):
Based on the concept plan,the applicant appears to comply with the standards outlined in
UDC 11-3A-19. The applicant has positioned no more than 50%of the total off-street parking
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(TEN MILE FLEX-FILE H-2025-0027) - 10-
between building facades and abutting streets. Additionally,the building on the eastern
portion of the site exceeds the 30%building frontage requirement.
2. Landscaping (UDC 11-3B):
i. Landscape buffers along streets
A 25-foot wide street buffer is required along N. Ten Mile Road, an arterial street. This
buffer shall be landscaped per the standards in UDC 11-3B-7C. The concept plan shows a
35 foot setback from Ten Mile Road with the landscape buffer inside of this meeting this
requirement. However, the existing landscaping between the sidewalk and Ten Mile Road
will be required to be brought into compliance and landscaped per UDC 11-3B-7C. The
landscaping will be evaluated with the certificate ofzoning compliance and shall be
landscaped per UDC 11-3B-5-2B-0.
ii. Parking lot landscaping
Landscaping is required to be provided along all parking areas per the standards listed in
UDC 11-313-8. The proposed concept plan does not meet the minimum requirements. The
western parking landscape shall be widened to 7 feet and the parking stall shall be
reduced to 17 feet. The landscaping will be evaluated with the submittal of the certificate
of zoning compliance.
iii. Landscape buffers to adjoining uses
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.
The Applicant requests City Council approval of a reduced buffer width from 25-to
10-feet adjacent to the residential use to the west and south and to 15-feet adjacent
to the residential use to the north as allowed by UDC 11-3B-9C.2.A reduction to the
buffer width shall not affect building setbacks.A letter was submitted from the
abutting property owner to the west and south, agreeing to the proposed reduced buffer.
A letter was not provided from the property to the north.
iv. Tree preservation
Per UDC 11-3B-10,the applicant shall preserve existing trees four-inch caliper or greater
from destruction during the development.
Mitigation shall be required for all existing trees four-inch caliper or greater that are
removed from the site with equal replacement of the total calipers lost on site up to an
amount of one hundred(100)percent replacement(Example: Two(2)ten-inch caliper
trees removed may be mitigated with four 5-inch caliper trees, five(5)four-inch caliper
trees, or seven(7)three-inch caliper trees). Deciduous specimen trees four-inch caliper or
greater may count double towards total calipers lost,when planted at entryways,within
common open space, and when used as focal elements in landscape design.
A Tree Mitigation Plan should be submitted with the final plat detailing all existing trees
and methods of mitigation outlined by the City Arborist before any trees are to be
removed as set forth in UDC 11-3B-1OC.5.
v. Storm integration
Storm drainage is required to comply with the standards listed in UDC 11-3A-18.
Drainage swales should not be within the landscape setbacks along N. Ten Mile Road.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(TEN MILE FLEX-FILE H-2025-0027) - 11 -
3. Parking (UDC 11-3C):
i. Nonresidential parking analysis
UDC 11-3C-6 requires one space for every two thousand(2,000) sq. ft. of gross floor
area in industrial districts. However, staff asked the applicant to provide commercial
parking standards for the flex space fronting on Ten Mile Road which require one space
for every five hundred(500) sq. ft. of gross floor area. In addition, self service storage
facilities only require parking based on the size of the leasing building which was
included in the 15,900 square feet. The applicant is proposing 47 parking spaces on the
concept plan which exceeds the 32 spaces that are required with the buildings (15,900
square feet). Additionally, the applicant anticipates potential commercial users will use
portions of the site in the future which is why the parking is in excess. The uses will be
analyzed as they are proposed within the tenant spaces.
ii. Bicycle parking analysis
A minimum of one(1)bicycle parking space must be provided for every 25 vehicle
spaces or portion thereof per UDC 11-3C-6G;bicycle parking facilities are required to
comply with the location and design standards listed in UDC 11-3C-5C.Bicycle parking
is not depicted and the plans shall be revised to incorporate the location of the bicycle
parking with the Certificate of Zoning Compliance submittal that meet these
requirements.
4. Building Elevations (Comp Plan,Architectural Standards Manual):
Goals 5.01.02C and 2.09.03A of the comprehensive plan promote area beautification and
community identity through heightened design standards providing distinct and engaging
identities.
The Architectural Standards Manual requires modulation in the surface plane at no less than
50 ft. intervals. There should be at least 2 pedestrian-scale architectural features,and physical
distinctions to anchor the building. There should be at least two different field materials,with
at least one accent material.
In response,the developer is proposing a multi-tenant industrial building fronting Ten Mile
Road with a mix of metal siding. This shall be revised with the submittal of the certificate of
zoning compliance to provide an additional two(2)field materials to comply with the ASM.
Additionally,the developer is proposing four(4) storage buildings with the primary material
consisting of metal as well. Since these storage buildings are visible from an existing
residence,the applicant shall revise the end caps of the storage building to incorporate design
elements that comply with the ASM.
The proposed elevations do not meet the architectural manual. However,the applicant shall
submit the architectural standards manual checklist with the design review application to
ensure compliance with these standards. Staff and the applicant will work together on the
elevation during this submittal.
5. Fencing (UDC 11-3A-6, 11-3A-7):
All fencing is required to comply with the standards listed in UDC 11-3A-7. The submitted
concept plan shows fencing on the Northwest portion of the site but does not provide details.
The applicant shall include fencing details with the submittal of the certificate ofzoning
compliance. The fencing is required to be closed vision fencing as it is abutting residential.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(TEN MILE FLEX-FILE H-2025-0027) - 12-
D. Transportation Analysis
1. Access (Comp Plan, UDC 11-3A-3, UDC 11-3H-4):
Goal 6.01.02B emphasizes reducing the number of access points onto arterial streets by
utilizing strategies such as cross-access agreements, access management, and the creation of
frontage and backage roads,while also improving connectivity between local and collector
streets.
Access is proposed off N. Ten Mile Road(an arterial street)through a single curb cut. The
applicant has condensed the two(2) access points to N. Ten Mile into a single access point on
the north portion of the property. Doc Lane,the existing and proposed access point, is a 30-
foot access easement that runs along the northern portion of the property and provides access
to the property to the west(Parcel#S0434142020). The applicant is proposing to improve
Doc Lane as the primary access. However, cross access is required to the property from the
north and south,which will function as a backage road parallel to N. Ten Mile Road that will
align with W. Belltower Drive in the future. At which time,the Doc Lane access will either
be closed or restricted,as determined by ACHD. Staff finds the proposed entrance to be in
compliance with the UDC and the comprehensive plan.
Additionally,the applicant shall record cross-access ingress/egress easements with the
properties to the north and south prior to approval of the certificate of zoning
compliance application.
2. Multiuse Pathways,Pathways, and Sidewalks (UDC 11-3A-5, Comp Plan, UDC 11-3A-81 11-
3A-17):
The site has an existing detached 5-foot sidewalk along N. Ten Mile Road,which has been
determined to be sufficient by the city parks department. Typically, 10-foot detached multi-
use pathways are required along arterial and collector roads. However,the 5-foot detached
sidewalk was recently constructed, and the parks department deemed it acceptable at this
time. Additionally,the curb cut that is being removed shall be replaced with curb,gutter,
sidewalks, and landscaping with the first certificate of zoning compliance application.
The applicant has provided a pedestrian connection to the multi-tenant industrial building
fronting Ten Mile Road and along the south side of Doc Lane. This is an adequate pedestrian
connection,but where the pedestrian connection crosses through vehicular driving surfaces, it
is required to be distinguished from the vehicular driving surface through the use of pavers,
colored or scored concrete, or bricks as set forth in UDC 11-3A-19B.4. This shall be revised
with the submittal of the certificate of zoning compliance application.
3. Private Streets (UDC 11-3F-4):
Doc Lane is currently a private street in Ada County and is used as the main access point for
the property to the west(Parcel#S0434142020) of the subject property. The applicant shall
provide proof of the approved private street from Ada County or apply for a private street
application with the city. This will be required prior to issuance of the certificate of zoning
compliance application.
E. Services Analysis
1. Waterways (Comp Plan, UDC 11-3A-6):
There is an existing irrigation ditch that was piped on the back of sidewalk. The applicant
shall maintain the irrigation pipe and coordinate with the irrigation district for any changes to
the irrigation network.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(TEN MILE FLEX-FILE H-2025-0027) - 13-
2. Pressurized Irrigation(UDC 11-3A-15):
Underground pressurized irrigation water is required to be provided to each lot within the
subdivision as set forth in UDC 11-3A-15.
3. Storm Drainage (UDC 11-3A-18):
An adequate storm drainage system is required in all developments in accord with the City's
adopted standards, specifications and ordinances. Design and construction shall follow best
management practice as adopted by the City as set forth in UDC 11-3A-18.
4. Utilities (Comp Plan, UDC 11-3A-21):
Connection to City water and sewer services is required and are available to be extended by
the developer with development in accord with UDC 11-3A-21 and Goals 3.03.03G&
3.03.03F.Urban sewer and water infrastructure and curb, gutter, and sidewalks are required
to be provided with development.
IV. CITY/AGENCY COMMENTS & CONDITIONS
A. Meridian 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. A final plat or certificate of zoning compliance shall not be submitted until
the DA and Ordinance is approved by City Council.
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 IF City Council determines
annexation is in the best interest of the City:
a. Future development of this site shall be generally consistent with the concept plan,
landscape plan, and conceptual building elevations included in Section VIII and the
provisions contained herein.
b. Any future development of the site must comply with the City of Meridian ordinances in
effect at the time of the development.
c. A Certificate of Zoning Compliance and Design Review application(s) shall be submitted
and approved prior to submittal of building permit applications for this site.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(TEN MILE FLEX-FILE H-2025-0027) - 14-
d. In accord with UDC 11-3A-3,the applicant shall construct driveway stubs to the north
and south property lines and record a cross-access/ingress-egress easement granting
accesses to the north(Parcel#SO434417201)and south(Parcel#SO434417605)
properties in an effort to combine and limit access points to N. Ten Mile Road. Copies of
the recorded easements shall be submitted with the Certificate of Zoning Compliance
application for the proposed use.
e. All existing structures shall be removed from the property prior to issuance of the first
building permit.
f. The applicant shall consolidate all the access points into a single access point as shown
on the concept plan. At the submittal of the first certificate of zoning compliance,the
access point being removed shall be replaced with curb, gutter, sidewalk, and landscaping
in compliance with the UDC.
g. The multi-tenant industrial building will be allowed to develop with all the uses listed in
UDC 11-2C-2,with the further restriction of Storage Facility, Self-Service and Storage
Facility,Outdoor.
h. Provide proof of Doc Lane being an approved private street from the county or apply for
a private street application with the city prior to issuance of the certificate of zoning
compliance.
i. Comply with the specific use standards for a Self Service Storage Facility and for all
prospective uses going into the multi-tenant industrial building in UDC 11-4-3
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(TEN MILE FLEX-FILE H-2025-0027) - 15-
B. Meridian Public Works
Wastewater
+ Distance to Sewer Available at Site
Serwices
+ Sewer Shed
• Estimated Project See application
Sewer ERU's
WRRF declining
Balance
• Project Consistent Yes
with WW Master
Plan/Faeiliityr Plan
• IrnparLgci3ncems
See Public WflrksSite Specific Conditions
Water
+ 'Distance to Water Water Available M Site
Services
• PressureZone
• (Estimated Project See application
Water E RU's
• WaterQualityr Mane
• Project Consistent Yes
with Water Master
Plan
• Impads/Corioerns M -
NON-PLAT CONDITIONS
Piiia tu Womv-s DkrAdrrmE n,
Site Specitre Cundiliuns of Appruvid
1. lkrinp a 9'Water main fnrcn'l'cn M ile Rand to the Westurn}un}xziy_]lie %vi I I need a 20'
Imsement for this_
2. Instal l R"Main to Suuthcsn boundary,A 20' Na rrnLwt it nquired with the main Centered.
3. A Fcncc is Akawcd to c7tvis perpcndiculsr t,u the C:ity's casma M,however it must not have any
posts in tiro ca-%micnls and any panels crossing the easement must by removable without having
to mmove other panch,A gale is alloyed to cxm-g a City Utilitycascment,howcwcr it must be
wide enough to allow the Uty to have access to the full width ofthe[sE x ent_F!o pouts arc
aJ kawcd in the eaAcment_City must have ability to open the gate at all timC�q_It wiJ I be required to
provido a memo siating haw the Lity is to have access cm dre utility plan.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(TEN MILE FLEX-FILE H-2025-0027) - 16-
4_ Any wells that m iJJ not continue tso he used must he properly abandoned according to Jdaho Well
t nnstruclion Stemdanb Ruins administered by 16e Idaho I)gMrtment of Water Resources
(LI)W R)_The Llicvel>tacr,Owner,or prajcct Engjnecr,shall provide a statement addreming
w hcther there are any existing;wells in the development,and i f so,how Lfi y will continue to be
used,or provide r000rd of their albandonmcnt_I Cwclls are to be ahamdoned,the project owner or
theirrcprcmcntsbve must contact the ILIWR Groundwater Protection Section(Aaron Skinner,
l lydragenlogist 2W-7 ii74972)Bk FOKE'amy work is done to decommission an existing well
(even it it is believed that the well in less than 1 H ft deep)_Proof of communication with EL1 W R
mavt be submitled In the L*prior to any wank being done tto decarmmission the well.Failum to
camnwnicatc with I1DWR may result m additional wnrk and expense tar ciecom-rrumian the well.
5_ Ensure no sewer services pates lbrokWh initltratkm trench
6. Provide 2tr Easements&F mains,hydrant Jaterals and water services. Esascments shouJdeatcnd
up to the end a mwinlhydrantlwatcr motor and I tv beyond it_
5. No rermarwilt structures Qrees,bushed buildings,ca"rls,trash receptacle walls,fetwes,
inTilLrrtiDEt tr:nCheb,light poled etc_}to be built within the utility easvnont_
grkmvral C'ondi4onz Df Approval
1. ApphUflt shall oaardinatc water and sewer main sine and routing with the Public Works
Di,-partmmt.
2. F`cr Meridrwn City Code(MCQC the applicant Khali he responsible to install sewer and water
mains uo and through this developmcrmt_ Applicant may be clioble fora reimhumorrent
agreement for infrastEuclum enhamecmenr per MU('H-6-5_
3. The wpplicant shall provide earement(s)for all public watedsewer mains outside of public right of
way(include all vrarcrscrvicevs and hydmants)_ Sewerlwatcr casement vanes depending on server
depth.Sewer 0-20 ft docp require a 30 R easement*24-25 Lti 2L44 R easement,and 25-30 ft a45 R
casement. RTm=no permanent structures{trees,bushes,buildings,cahl►orls,trash roccp(acle
walLs,fencer,infiltration trenches,Jiy ht poles,ctc_)are built within the utility easement. Submit
an execulM emcnment(on the form available from Public Works),a legal description prepared by
an Idaho E_iccmed Pmfcasional Land%urveyor,which must include the area of the easement
(r wriEtxl I;XI 11 lif L'A)and an S l l2"x 1 I"nu p with bracing r and didamcrs(ntwkr l I i7C111131'1'1#]
far review_Both exhibits must be sealed,signed and dated by a Profs ional Land Surveyor_IX)
N{F1'Rk C'0RL1_
4. The C4 of Meridiem requires that presiurizcd irrigation syslenvs he supplied by a year-round
source rrfwaler{tJ DC 1 1-3134}.Tbc applicant should be required to use any existing surface or
well water for the primary sourer_ If a surface or well solace is not avai lab le,a single-point
connection to the culinary water system shall be:roquirud.if a single-point connection is uti lard,
the developer will be respnnsi ble for the payment of agscswmenLs far the common areas prkw to
prior 1A5 receiving dcvelopment plan approval_
5. Any stnutures that are alYowcd in retrain shall be subject to evaluation and Fxx9siblcreassiguEncm
ofstrect addruw g to he in compl Lance with MCC_
6. All irrigation ditches,ranaLs,Laterals,or drains:cxehrsivc of natural waterways,intersecting,
crossing or layingadjacent and contiguous to the arcs being subdivided shall he addrusscd per
UIX' I 1-3Afi_ In performing,such work,the applicant shall comply with 1da6D Co nde 42-1207
and any other applicable law or regulation.
7. Any wells that will not continue to be used must he properly abandoned according to Idaho Well
C:Dnstruc6on%=daFd�Rules adminisLmrd.by lime Idaho I)gmrLment of Walcr Rcsourcc_s_ The
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(TEN MILE FLEX—FILE H-2025-0027) - 17-
LX-YdvM-r's Enginaxr shall provide a YLAdumn mt addn:!ising whcthu there am any-uxis6ng wells in
the development,and if-go,how they will continue to be used,or pTsvide record of their
ahandon end
H. Any existing septic systcros within this project shall be removed fiam-%-rvioe per CityOrclinwwc
Section 944 and 9 4 8_ Contact Central District I Icalth for abandonment procedures and
inspection{20ii}375-521 1.
9. All irnprovemcnu related to public life,safety and health shall be completed prior to occupancy
of the strucitaTs-
10- Applicant shall be required to pay Public Works dcvclapment plan review,and construction
inspccucm fees,as determined during the plan rcvjcw proem,pnar to the ua ancc 4Fa plan
approval letter_
11_ It shall he the resgxmsibu*of the applicant to-unsure that all dewelorpmcnt features comply with
Lbe Americans with D7 sabilihes Act and the Fair dousing Act.
12_ Applicant shall be rcgaonsibJe for application and co rnpliance with any Seclian 404 Permitting
tbal nag be required by the Army Corps Gf 1inpinocrv_
13_ Developer shall coordinate mailbox Jacatjow with the Meridiem Part Office-
14. Comspaetion test results shall be submitted to the Meridian Building L)gmr= nt for all building
pads roDuiving engineered baekfill,where fasting would sit atop fill material_
15_ The design engineer-9hall be rcquimd is certify that the suaet centerline elevations arc-set a
minimum of 3-feet above the hipAml odablished peak groundwater clevation_ Thin is to en-gure
that the bottom elevation of the crawl arpaces of homtes is at least I-fool above.
16_ Thcapplicants deign engineer shall be responiblu for iuspedion stall irritation andror
drainage facility within this project that do not fall under the jurisdiction of an irrigation district
or AC]ID.The design engineer shall pnrAdc certification that the facilities have been installed in
acesrdancawith the appmvM design plan.This certification will be required before a vcnifwate
of occupancy in is-sued for any gIructures withm the prfij-uct-
17_ At the completion of the ptalerlr the applicant~hall he msponsiblc to submit record drawings per
the L*of Meridian AutoCA l)-AAnciar&_ These record drawin&a must be rowived and approved
prior to the issuance of a certification ofoecupancy for any straziurais within the project_
Ili. A street light plan wil l need to he included in the civil comsuucticm plans.Street light plan
requirements am listed hi smitinn 6w5 of the Improvarnent Standards for Street Lighting_A►copy
of the standards can be Found at hup=l,'www=mcridianrily.or�(publin_vmrksa9px_�d-272_
19_ The City of Meridian rcqujres that the owner post to the City a performance sruety in the amount
of 1253E nfi the total connuuclion OWL for all incomplete sewer,wata-r and reuse infrasvtactutc
prior to final Vial siptature_Thiq qurctywill be verified by a line item coat estimate provided by
the owner to the City.The surety can he panted in the farm eFan irrevocable letter of credit,cash
deposit or bond.Applicant must file an application for surety,which can he found on the
Ut mmunity IJevck pment 13cparltnent wcbsitc_ Please contact[,and[]cvclopmcnt Service for
more information at 987-2211.
20_ The[Sty of Meridians requires that tiro oKmer past to the City a warranty surely in the amount of
20%of Ilrc total eanstruction cast for all completed sewer,water and reuse inf,astr,cuue#or
dw-At on of fivo years-"Chin surety will be verified by line item coat estimate provided by Lhe
owner to the City_The sur-uty can be posted in the form of an irrevocable letter of credit,cash
deposit or bond.Applicant must file an application for surety,which can he found on the
Community Dcwkq ncnt Dcparlmmt website_ Plca_w contact[,and De�lopmcnt tin-vice for
more infiormalion at 887-2211.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(TEN MILE FLEX—FILE H-2025-0027) - 18-
C. Ada County Highway District(ACHD)
Click or tap here to enter text.
Pmadaw
CHD ..
V"
wwaieY�herpr ranTNrerw
avorloal*=oc%[4nmrrcow
Date:tune 25¢-2C25
TO.]4(f Hach
Staff Contact:Matt Pal.Plan rrer
Pr-Djen E*scripti❑rt Ten Mile Flex
Trip GWAradon This d�uelopnwent rs ss[�rr,a[ae[o gln�ra[e TT91lhrG1!trtips der drby,
21 vahKlb lei p Poe 00ur ill rh*pM p#ak t+ v r.bilt*d on[rt I nariivIe of Trardlo" t kwe
Engineers Trip Generation Manual,TV edition-
Cho fulure with plannc,-:
C❑mmenM The tables abow liist the exiVti nQ conditiiu,s of the sw►oundin9
roadways wit*out the pr❑p€rsed development as this application i�for annexation
and romrworiy.with a future ermi0onrhent appacstion,urls summarywlU be
updated for lIM the OeVOk-pmentand its si- {rat,
connecting you to more
Ad■aou-AyuIgh—WDiFC-iG*-MW wLhWkri..W-iohmiD-ftns-PuXe-x"wa-rrs+o-�raa-,....wdW.
V. FINDINGS
A. Annexation(UDC 11-511-3E)
Upon recommendation from the commission,the council shall make a full investigation and shall,
at the public hearing,review the application. In order to grant an annexation and/or rezone,the
council shall make the following findings:
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(TEN MILE FLEX—FILE H-2025-0027) - 19-
1. The map amendment complies with the applicable provisions of the comprehensive plan;
The City Council finds the Applicant's proposal to annex 5 acres of land with I-L zoning for
the development of 15,900 square feet of multi-tenant industrial and 70,250 square feet of self-
service storage (storage condos) is consistent with the Mixed Use Non-Residential FLUM
designation for this property.
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. Ten Mile Road).
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.
VI. ACTION
A. Staff:
Staff recommend approval of the proposed annexation with the requirement of a Development
Agreement.
B. Commission:
The Meridian Planning&Zoning Commission heard these items on August 2Pt,2025. At the
public hearing,the Commission moved to recommend approval of the subject annexation request.
1. Summary of Commission public hearing_
a. In favor: Jeff Hatch, Chris Adler
b. In opposition:None
C. Commenting: Jeff Hatch and Chris Adler
d. Written testimony:None
e. Staff presenting application:Nick Napoli
f. Other Staff commenting on application: None
2. Key issue(s)of public testimony
a. None
3. Key issue(s)of discussion by Commission:
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(TEN MILE FLEX-FILE H-2025-0027) -20-
a. The commission had a brief discussion about the reduced landscape buffers to the existing
residences. They ultimately determined they had no concerns with this; however, it is a
council decision.
4. Commission change(s)to Staff recommendation:
a. None
5. Outstandingissue(s)sus)for City Council:
a. Council waiver to reduce the 25-foot landscape buffer to the existing residential properties
to 10 feet to the south and west and 15 feet to the north.
C. City Council:
The Meridian City Council heard these items on September 9',2025. At the public hearing—the
Council moved to approve the suWect annexation request.
1. Summary of the City Council public hearing
a. In favor: Jeff Hatch
b. In opposition: None
C. Commenting: Jeff Hatch
d. Written testimony: None
e. Staff presenting application: Nick Napoli
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. Council discussed traffic generation from the development and what the future road network
looked like for this property and the neighboring properties. In addition.the Council had
uestions out the proposed improvement for Doc Lane.
4. City Council change(s)to Commission recommendation.
a. None
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(TEN MILE FLEX-FILE H-2025-0027) -21 -
VII. EXHIBITS
A. Project Area Maps
(link to Project Overview)
1. Aerial
Legend
Project Location
Area of Impact
0 Analysis .�
aea p M`
Ito,1"11
pom
7.
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e
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(TEN MILE FLEX—FILE H-2025-0027) -22-
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4. Planned Development Map
LegendUTM �
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Planned Parcels gil�9F
O Analysis
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FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(TEN MILE FLEX—FILE H-2025-0027) -24-
B. Subject Site Photos
rr=
s
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FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(TEN MILE FLEX—FILE H-2025-0027) —25—
C. Service Accessibility Report
Overall Score: 22 10th Percentile
Description
■ ■
Lc cation Within 1/2 mile of City Limits YELLOW
Extension Sewer Trunkshed mains < 500 ft.from parcel GREEN
Floodplain Either not within the 100 yr floodplain or > 2 ac--et GREEN
Emergency Services Fire Response time < 5 min. GREEN
Emergency Services Police Meets response time goals some of the time YELLOW
Pathways Within 1/4 mile of current pathways GREEN
Transit Not within 1/4 of current orfuture - -.sit r to RED
Arterial Road Buildout Status Ultimate configuration (#of lanes in master street= GREEN
plan) matches existing (# of lanes)
School Walking Proximity From 1/2 to 1 mile walking YELLOW
Either a High School or College within 2 miles OR. a
School ❑rivability Middle or Elementary School within 1 mile dr,,,e1n_-. GREEN
(existing or future)
Park Walkability No park within walking distance by park type RED
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(TEN MILE FLEX—FILE H-2025-0027) -26-
D. Site Plan/Phasing Plan (date: 7/28/2025)
SHE RECAP
AM!
BUILDING AREA
RECAP
- ----------
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................ ...........
N SITE
SITE PLAN PLAN
A-1.0
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(TEN MILE FLEX-FILE H-2025-0027) -27-
PHASING NARRATIVE 5I T E RECAP
L I'I
BUILDING AREA
RECAP
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„ PHASING
SITE PLAN .ma PLAN
A-1-1
Building Elevations(date: 6/20/2025)
EXTERIOR FINISH gS E
SPECIFICATIONS S Y.
NORTH'ELEVATION- &LAG I SOUTH ELEVATION -RLDG T W
J
_ 4
z
F
WEST ELEVATION- 6LOG 1
L LL V!II::NS
EAST ELEVATION - 9LOG 1
A h.^
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(TEN MILE FLEX-FILE H-2025-0027) -28-
EXTERIOR FIN15H
SPECIFICATIONS S
4
liEL
HORTH'ELEVATIOH - BLDG 1 sc)Llllh ELEVATION - RLOG-1I W
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_ _ = W
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WEST EL f VATION - BLOC: I r
——ie riuw�
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EAST ELEVATION - 6LDL: 1
A-4.11
EETIRI0' FINISH
SPECIFIC AT I 0
N5 536 4
H ORIH ELEVATIOH - BLDG 3 0 SZUTH.,YELEVATION - BLOG S n
J
LL
- W
Z
WEST ELEVATION - BLDG 3
._ <._� LYIl1tlLili
F1LYAlIL1NS
EAST EL E YATION - BLDG 3
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(TEN MILE FLEX—FILE H-2025-0027) -29-
E}CiERIOR FINISH
5 PE CIFICAilONS
� - u
.--a�i� —•�YE�A
NORTTH ELEVATION - BLDC:-:ate S0.UTH.ELEVA110N - BLDO A x
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WEST ELEVA.T10r, 3LDG 4
--.yam LXIll:1[]R
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A-4A
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(TEN MILE FLEX—FILE H-2025-0027) -30-
E. Annexation Legal Description& Exhibit Map
ANNEXATION EXHIBIT SKETCH
CITY OF MERIDIAN
_N1NE✓>AIR1_W WM W TIE NGRIF4ASTOLVKIER Gf SEGImNSNIOVHiENIP4
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igg ANNEXATION BOUNDARY i z w G ADAOQUNTYREFERENCE
c 241.557 SO FT I H$N N $
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FNPr'ft0" ANNEXATION
ft00 Alq pAP 41,SNTEN MILE FdIN0 NL959 CAPNI4ftItED PLS
S°'a3 ,c TIRc.E,o'HEEaa CITY OF MERIDIAN
BUNTER CORNEN.OF fiEC,3i, IDG.TEp IN TIE SpNNEM13T W nRrFR OPTIE NCRTfiIUT WI32iHi0F
T.N,Rtrv,&la rA,C, 9ECTKKJ36,TdfMSHIP�NORTH,RANGE I riE5T.B015EHERIDVJ4,
LEGEND cPSF No.aoxo+smca
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OpRNERPERPE Ar10N.NpEiNGREGWm E' ELEVATED
coa -'ElulENF nssNann4en I3OI sauARE�Er eaoFllE: moc-s,�s� LAN�5NRVEYINC
.NOTEp In4} AORES
FOUND 9uRVEV MONLMEI.T AS NOTED 3534a uLE,o
SNEETN9.,PF, 4-2
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(TEN MILE FLEX—FILE H-2025-0027) -31 -
AA�� ELEVATED LAND SURVEYING
3534 Apolena Ave_Idaho Falls, Idaho 83401
ELEVATED1
pL-m-m(ci!elevatedIanckurvcyx_rnrrr 435-6334012
LAND SURV EYING
ANNEXATION BOUNDARY
A parcel of land located in the Southeast Quarter of the Northeast Quarter of
Section 34_ Township 4 North, Range 1 West, Boise Meridian, City of Meridian,
Ada County, Idaho,more particularly described as follows:
BEGINNING at the East Quarter corner of said Section 34; thence alone
the section line North 00' 52' 43" East 307.01 feet to the TRUE POINT OF
BEGINNING;
Running thence South SW 17'38"West 721.17 feet to a found 518"iron rod
and no cap;
Thence North 00° 51' 19" East 344,11 Not to a found 5f8" iron rod and cap
marked pls 4998;
Thence South 89' 15'00" East 721,03 feet to said section line;
Thence along said section line South 00' 52' 43" West 325.00 feet to the
TRUE POINT OF BEGINNING_
CONTAINING; 5,W acres
} ' L
f Z0907
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i
07 i f
f
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(TEN MILE FLEX—FILE H-2025-0027) -32-