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Home My WebLink AboutZ - Approved Findings CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN:-, AND DECISION& ORDER , In the Matter of the Request for a comprehensive plan map amendment to change the future land use designation from Office to Commercial; Rezone from the L-O zoning to the C-C zoning across 5.99 acres of land; A development agreement modification to remove the property form the current DA to create a new DA that includes a new concept plan and elevations; and a conditional use permit for a Self Service Storage facility in the C-C zoning district.,by Mary Wall. Case No(s).H-2025-0035 For the City Council Hearing Date of: December 9"`,2025(Findings on January 61'',2025) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of December 9",2025, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of December 9t'',2025, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 9', 2025, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of January 6t'',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 I I 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 § I I-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(MERIDIAN LUXE-H-2025-0035) - I - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of December 9t'',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 Comprehensive Plan Map Amendment,Rezone, Conditional Use Permit, and Development Agreement Modification is hereby approved per the conditions of approval in the Staff Report for the hearing date of December 9th, 2025, attached as Exhibit A. D. Notice of Applicable Time Limits 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 I 1-513-6.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 City Code Title I 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 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s)and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(MERIDIAN LUXE-H-2025-0035) -2- 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 §§ 67-652 1(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of December 9t'',2025. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(MERIDIAN LUXE-H-2025-0035) -3- By action of the City Council at its regular meeting held on the 6th day of January 2026. COUNCIL PRESIDENT LUKE CAVENER VOTED COUNCIL VICE PRESIDENT LIZ STRADER VOTED COUNCIL MEMBER DOUG TAYLOR VOTED COUNCIL MEMBER JOHN OVERTON VOTED COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED COUNCIL MEMBER BRIAN WHITLOCK VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 1-6-2026 Attest: Chris Johnson 1-6-2026 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 1-6-2026 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(MERIDIAN LUXE-H-2025-0035) -4- Exhibit A COMMUNITY DEVELOPMENT C��fEPIDIAN;,�-,'-- DEPARTMENT REPORT I D A H O HEARING 12/9/2025 Legend DATE: Project Location } City limits 0 TO: Mayor&City Council Area of impact Analysis FROM: Nick Napoli,Associate Planner -5533 I 208-884K. m nnapoli@meridiancity.org ,:, APPLICANT: Mary Wall - SUBJECT: H-2025-0035 Meridian Luxe ._. LOCATION: Located at 2350 W. McMillan Road in �a ' the SW '/4 of the SE '/4 of Section 26, TAN.,R.1 W. z rim i. PROJECT OVERVIEW A. Summary The applicant requests a comprehensive plan map amendment to change the future land use designation from Office to Commercial; Rezone from the L-O zoning to the C-C zoning across 5.99 acres of land;A development agreement modification to remove the property form the current DA to create a new DA that includes a new concept plan and elevations; and a conditional use permit for a Self Service Storage facility in the C-C zoning district. B. Issues/Waivers - While staff is supportive of the revised site plan,concerns remain regarding the adequacy of parking for the commercial spaces. The applicant has proposed 55 parking spaces,which exceeds the minimum requirements of the UDC; however,with 18 commercial tenant spaces,this equates to only three spaces per tenant,potentially insufficient for higher intensity uses The Applicant has indicated that the intention is for the majority of the tenant spaces to be Flex Space,but no users or uses have been confirmed for the development. The Planning and Zoning Commission and City Council shall evaluate whether the parking is adequate for the proposed development. - The Applicant seeks City Council waiver to the access point off of McMillan Road. ACHD is supportive of this access point and has required it to align with N.Palatine Way on the south side of McMillan Road. C. Recommendation Staff. Approval with a Development Agreement and Conditions. Planning and Zoning Commission: Approval FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(MERIDIAN LUXE—H-2025-0035) -5- D. Decision City Council: Approval FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(MERIDIAN LUXE-H-2025-0035) -6- COMMUNITY METRICS Table 1: Land Use Description Details Map Ref. Existing Land Use(s) Residential - Proposed Land Use(s) Multi-tenant Commercial and Self-Service, Storage - I1. Existing Zoning L-O VII.A.2 Proposed Zoning C-C Adopted FLUM Designation Office VII.A.3 Proposed FLUM Designation Commercial Table 2: Process Facts Description Details Preapplication Meeting date 4/29/2025 Neighborhood Meeting 4/28/2025 Site posting date 10/22/2025 Table 3: Community Metrics Agency Element Description/Issue Reference Ada County Highway District IV.0 • Comments Received Yes - • Commission Action No - Required • Access McMillan Road: Arterial Street - • Traffic Level of Service McMillan Road: Better than`E" - ITD Comments Received Yes;No Comment Error! Reference source not found. Meridian Fire Error! Reference source not found. • Distance to Station 0.8 miles; Station#5 • Response Time 5 minutes Meridian Public Works IV.B Wastewater • Distance to Mainline Sewer Available at Site • Impacts or Concerns See Public Works Site Specific Conditions Meridian Public Works Water IV.B • Distance to Mainline Water 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(MERIDIAN LUXE-H-2025-0035) -7- Figure 1: One-Mile Radius Existing Condition Metrics Reference Parcel:SO426438550 Date Retrieved:2025/9/19 Parcel Count Parcel Acreage Infill Indicator: 2,180 Surrounding Area 124 7% Not city ® City Limits 1,733. 1W 2,870 9 ■ Not City Household Household& Population Growth Households 02020 Population Change:13.4°/° Population ■Growth (Household and Population Change since 2010 Decennial) 10,000 20,000 30,000 2.00 ��. 2,500 Single-family L 2,000 41 Residential 1.50 r_ Parcel Diversity (A1.00 1,500 U N 1,000 0Parcel Count 0.50 500 *Average Acres 0.00 $ 0.12 0 a R-2 3 R-15 Average Single-family Density by Zoning Average 10.0❑ �8.08 Residential Net Density V 5.00 0 5.49 a 0 4.09 4,70 2.53 0.00 Dwelling Units 1 Acre R-2 R-4 R-8 R-15 Figure 2: ACHD Summary Metrics Level of Service Planning Thresholds 1. Condition of Area Roadways 1 raffic C,oL11- is base❑ on Vehicles per hour f.VPH) Roadway Frontage Functional PM Peak Hour PM Peak Hour Classification Traffic Count Level of Service McMillan Road 700-feet Minor ,arterial 598 Better than "E'" Acceptable level of service for a three-lane minor arterial is"E"(7 0 VPH). FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(MERIDIAN LUXE—H-2025-0035) -8- Figure 3: Service Impact Summary ImpactService • • Ready Q 0 0 0 0 0 0 0 0 Marginal Caution 4- 0Q1 °aa 5r o Qa FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(MERIDIAN LUXE-H-2025-0035) -9- STAFF ANALYSIS Comprehensive Plan and Unified Development Code(UDC) A. General Overview The subject property falls within the office Future Land Use Map(FLUM) designation of the comprehensive plan. However,the applicant requests an amendment to the comprehensive plan to 1I1. redesignate the subject property as commercial and rezone it to the C-C zoning district. The comprehensive plan defines the office land use designation as low-impact business areas. The uses allowed in this include professional offices,technology and resource centers; ancillary commercial uses may also be considered. In developments where multiple office buildings are proposed,the buildings should be arranged to create some form of common area, such as a plaza or green space. The comprehensive plan defines the commercial land use designation as a full range of uses that serve area residents and visitors. Desired uses include retail,restaurants,personal and professional services, and office uses, as well as appropriate public and quasi-public uses. Multi- family residential may be allowed in some cases,but should be careful to promote a high quality of life. According to the applicant's narrative,the demand for office space in the Treasure Valley has changed significantly since the property was given L-O zoning in 2003. This limits the viable development opportunities available in the office FLUM designation. Due to this,the applicant is requesting that the land use be changed from office to commercial. The concept plan proposes eighteen(18)commercial multi-tenant units across four(4)buildings and forty-one(41)privately owned storage condos(self-service, storage facility)across five(5) buildings. The applicant believes that the Treasure Valley continues to experience demand for retail,flex space, and storage,which are the main uses proposed for the site. By changing the FLUM and Zoning designations,the applicant believes it will be more flexible, allowing the developer to accommodate the changing commercial real estate trends in the Treasure Valley. In addition,the narrative discusses that the neighbors'primary concern is traffic and that the layout of the site will minimize the impacts to the neighbors while also blending in with the commercial character of the McMillan corridor. ACED anticipates seventy-seven(77)trips per day for storage and fifty-five(55) for the multi-tenant commercial. The total anticipated trip generation is approximately 132 trips per day,which is adequate according to ACHD's standards. The initial plan that was brought to the city was entirely storage,which staff was not in favor of due to no employment being created. However,through several rounds of revisions the applicant proposed a mix of multi-tenant commercial units and self-service storage which provides more opportunity for employment to generated within the development. Table 4: Proiect Overview Description Details History AZ-03-13; DA Inst#103181095; PBA-2025-0008 Phasing Plan One (1)Phase Physical Features An irrigation line for the Kelly Creek Subdivision runs on the west boundary of the site.In addition,the Kelly Creek pump station will be required to remain on the site which the applicant has indicated will be the case. Acreage 5.99 Acres FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(MERIDIAN LUXE-H-2025-0035) - 10- B. History The subject property was annexed as a part of Kelly Creek Subdivision in 2003. The property was given the L-O zoning consistent with the FLUM designation. However,the property was not included in the plat for Kelly Creek Subdivision and has remained as a residential use. A property boundary adjustment was completed earlier in 2025 to consolidate an illegal parcel that was created at some point through the county. C. Site Development and Use Analysis 1. Existing Structures/Site Improvements (UDC 11-1): If approved,the six(6)existing residential structures shall be removed, and the well and septic system abandoned in accord with the UDC. 2. Proposed Use Analysis (UDC 11-2): The applicant is requesting a modification to the Comprehensive Plan FLUM designation from office to commercial and seeks a rezone with Community Business District(C-C) zoning. According to the applicant's narrative,the property would be developed as eighteen (18)commercial multi-tenant units and forty-one(41) storage condos (self-service, storage). The applicant has indicated that the primary use for the buildings is intended to be Flex Space; however,the C-C zoning district allows for others uses as well that could occupy the tenant spaces. The applicant also proposes to sell the storage units as individual condominium units,requiring the submission of a short plat application after the first building permit is issued by the city. Due to the proximity to residential areas,the hours of operation will be restricted to 6 am to 11 pm for both uses. Currently,the Office designation does not permit storage use or retail commercial use such as those proposed. However, a change to the Commercial designation would allow development under the C-C zoning. The applicant asserts the C-C zone is compatible with adjacent residential and will provide a variety of neighborhood-serving uses to the area. Staff concurs, noting the proposed concept plan aligns with the intended neighborhood serving uses envisioned in the area while also incorporating storage.Additionally,while the proposed use does not provide a large amount of employment, it is providing employment and a relatively low-impact use in the area.As mentioned above,the applicant intends for the majority of the multi-tenant commercial units to be used as Flex Space for users needing office space and warehousing. However, concerns persist with the amount of parking for the multi-tenant commercial section of the development. As a result,staff is recommending the following uses be restricted to prevent parking from overflowing into the neighboring residential area: Restaurants,Drive Throughs,Indoor Arts,Entertainment, and Recreation Facilities. As mentioned above,the applicant indicated that the neighbor's main concern was traffic in the area. The proposed uses are estimated to have 132 vehicle trips per day, according to ACHD,which is significantly below the threshold that would trigger a traffic impact study. 3. Dimensional Standards (UDC 11-2): The proposed plat and subsequent development is required to comply with the dimensional standards listed in UDC Table 11-2B-3 for the C-C zoning district. There is no minimum front,rear or interior side setbacks required in the C-C district;however,required street landscape buffers act as a setback where applicable as building encroachment within buffers is not allowed. Additionally,where adjacent to existing residential, a twenty-five(25)foot FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(MERIDIAN LUXE-H-2025-0035) - 11 - landscape buffer acting as a setback is required. The proposed development complies with the minimum standards. 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 faciliovbuilding to be for storage condos, which will be for personal storage use and not for business purposes. 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 with a combination of the buildings that will screen the storage. However, the proposed fencing shall be revised to be closed vision and it shall be placed along the perimeter where building are not present. In addition, staff is recommending the applicant provide a four(4)foot berm with a barrier that allows trees to touch within five(5)years ofplanting. 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 shall 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 has provided a twenty-five(25)foot landscape buffer to all residential uses in compliance with this standard. However, staff is recommending the applicant provide a four(4)foot berm with a barrier that allows trees to touch within five (5)years of planting. 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 defined. The applicant will comply with this standard. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(MERIDIAN LUXE-H-2025-0035) - 12- 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. UDC 11-4-3-18: Flex Space a. Office and/or retail showroom areas shall comprise a minimum of thirty(30)percent of the structure and/or tenant space in the C-C zoning district. The applicant will comply with this standard. b. Light industry and warehousing shall not comprise more than seventy(70)percent of the tenant space in the C-C zoning district. The applicant will comply with this standard. c. In the C-C, C-G and M-E Districts,roll-up doors and loading docks shall not be visible from a public street. Roll-up doors or loading docks are not visible from any public street. d. Retail use shall not exceed twenty-five(25)percent of leasable area in any tenant space. The applicant will comply with this standard. e. At a minimum,one(1)parking space shall be provided for every one thousand (1,000) square feet of gross floor area. The applicant has provided parking to meet the commercial parking standards of one (1) space every five hundred(500) square feet of gross floor area. This is primarily due to the variety of uses that will be able to occupy these spaces and all of them may not be Flex Space. D. 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 between building facades and abutting streets. Additionally,the buildings on the southern 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 W. McMillan Road,an arterial street. This buffer shall be landscaped per the standards in UDC 11-2B-3. The concept plan shows the required landscape buffer along W. McMillan Road meeting this requirement. The landscaping will be evaluated with the certificate ofzoning compliance and shall be landscaped per UDC 11-3B-7C. 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 meets the minimum requirements. The western parking landscape shall be dimensioned with the submittal of the certificate of zoning compliance application. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(MERIDIAN LUXE-H-2025-0035) - 13- 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 subject property is bordered by residential to the east and north, which necessitates a twenty-five(25)foot landscape buffer to the adjacent residences. The applicant has provided the twenty-five(25)foot buffer meeting the requirements for the buffer width. The updated landscape plan does not meet the vegetation coverage requirement; however, staff will confirm this with the submittal of the certificate of zoning compliance application. In addition, the applicant has provided a minimum of five (5)feet the western property boundary in compliance with this standard. Since the neighboring property to the west is a Kelly Creek HOA owned common lot, a twenty-five(25)foot landscape buffer is not required. However, after inspecting the site and existing fencing along the north boundary of the site,staff has observed the existing fencing is approximately four(4)feet in height.As a result,staff is recommending the applicant install a four(4)foot berm with a barrier that allows trees to touch within five(5)years of planting. iv. Tree preservation A Tree Mitigation Plan should be submitted with the Certificate of Zoning Compliance 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. The applicantprovided a tree mitigation plan that requires 280 caliper inches to be mitigated. The applicant is proposing to add an additional 69 trees for the site landscaping. However, this does not account for the entire 280 caliper inches that is required by code. The applicant shall plant additional trees to meet the 280 caliper inches or apply for alternative compliance with a proposal that is equal to or better than planting the adequate number of trees required for mitigation. This shall be revised with the submittal of the certificate of zoning compliance. 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 buffers along W. McMillan Road. vi. Pathway landscaping Pathway landscaping shall comply with the requirements outlined in UDC 11-3B-12. The applicant must provide a landscape strip at least five(5) feet wide along both sides of the pathway. To enhance design flexibility,variations in the strip's width are encouraged to allow trees to be planted farther from the pathway,reducing the risk of root damage. However,the landscape strip must maintain a minimum width of two(2)feet to ensure proper pathway maintenance. The strips shall be landscaped with a combination of trees, shrubs, lawn, and/or other vegetative ground cover. The applicant is proposing two different pathways in the development, the first being the ten (10)foot multi-use pathway along McMillan Road and the second being the extension of the micro pathway on the east boundary of the site and connecting it to McMillan Road. The applicant is in compliance with these standards. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(MERIDIAN LUXE-H-2025-0035) - 14- 3. Parking (UDC 11-3C): i. Nonresidential parking analysis Staff is analyzing the western portion of the site to the commercial parking standards and not Flex Space standards due to uncertainty of the types of users that will occupy the commercial multi-tenant portion of the site. A minimum of one(1) off-street parking space is required per 500 square feet of gross floor area for the multi-tenant commercial portion of the site,as per the Unified Development Code(UDC). The applicant is proposing 24,336 square feet of commercial space,which necessitates a minimum of 49 parking spaces. The current site plan provides 55 parking spaces,thus exceeding the base UDC requirement. However, staff remains concerned that the proposed parking supply may be insufficient to adequately serve the intended commercial uses. The plan includes eighteen(18)tenant spaces,which translates to an average of only three(3)parking spaces per tenant. This allocation may be adequate for low-intensity office or retail uses,but would be insufficient for more parking-intensive tenants, such as restaurants, drive-throughs, or indoor recreational uses,which typically require significantly more customer and employee parking. To help mitigate these concerns,staff recommends restricting the following high- intensity uses within this development: Restaurants,Drive-Throughs,and Indoor Arts,Entertainment, and Recreation Facilities. This approach will enhance the site's long-term viability by ensuring tenants have adequate access for both customers and employees. Self-service storage facilities require parking calculations only for the office/clubhouse portion of the development.As a result,the applicant is only required to provide on(1) parking stall to meet the UDC requirements. The applicant has provided two (2)parking stalls, exceeding this requirement. 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 depicted on the concept plan in compliance with these standards. 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 multi-tenant commercial buildings on the western boundary of the site with a mix of materials,which include EIFS,brick,metal panels, and glazing. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(MERIDIAN LUXE-H-2025-0035) - 15- Additionally,the developer is proposing five(5) storage buildings on the eastern portion of the site with a mix of materials including EIFS,metal panels, glazing on end caps, and a brick veneer. The applicant has worked with staff of the building elevations to make the commercial and storage buildings have an overall consistent design that will also integrate with the surrounding residential. 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 continue to work together on the elevations 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 in portions of the site around the proposed storage.. The applicant shall revise their plan to use closed vision fencing instead of open vision fencing and provide fencing along the perimeter of the storage where buildings are not present.. In addition, after inspecting the current conditions of the site, staff is recommending a four(4) foot berm with a barrier that allows trees to touch within five (5)years of planting on the north boundary of the site adjacent to the existing residential. The applicant shall include the revised fencing details with the submittal of the certificate of zoning compliance. E. Transportation Analysis 1. Access (Comp Plan, UDC 11-3A-3, UDC 11-3H-4): Goal 6.01.0213 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 W. McMillan Road(an arterial street)through a single curb cut. The applicant has proposed to align the single access with N. Palatine Way on the south side of McMillan. In addition,the applicant will be extending LoLo Pass Way as a commercial drive aisle to connect with W. McMillan Road. This access point requires a council waiver, as UDC 11-3A-3 requires access points to collector and arterial roadways to be restricted. In addition,ACHD is supportive of this access point on McMillan Road and has required it to align with N. Palatine Way on the south side of McMillan Road. ACHD has indicated that the proposed trip generation based on the proposed uses is 77 trips for the self-service storage and 54.45 trips per day for a strip retail plaza. This brings the estimated trip generation to approximately 132 trips per day. It is important to note that the applicant relayed that the largest concerns from the neighbors were traffic running through the existing subdivision(Kelly Creek). With the estimated trips per day from ACHD,the Planning and Zoning Commission and City Council should carefully determine whether the proposed development is appropriate,given the trip generation and proximity to existing residences. 2. Multiuse Pathways,Pathways, and Sidewalks (UDC 11-3A-5, Comp Plan, UDC 11-3A-81 11- 3A-17): The applicant proposes to extending the ten foot(10)multi-use pathway along McMillan to connect the existing pathways. This is consistent with the pathway master plan. However, ACHD requires the pathway to be parallel with the road and will not allow for it to meander. This shall be revised with the submittal of the certificate of zoning compliance application. In FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(MERIDIAN LUXE-H-2025-0035) - 16- addition,the applicant is proposing to connect a five-foot(5)Mirco pathway that was stubbed from the Kelly Creek Subdivision on the eastern boundary of the site to W. McMillan Road. The applicant has provided a pedestrian connection throughout the site to allow for residents, customers, and employees to access the commercial multi-tenant portion of the site. 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 I I-3A-1913.4. In addition, staff is recommending the sidewalk running north and south follow the proposed commercial drive aisle. This will require additional sidewalk to be installed on the curved portion on the north end of the site. This shall be revised with the submittal of the certificate of zoning compliance application. F. Services Analysis I. Waterways (Comp Plan, UDC 11-3A-6): There is an existing irrigation ditch that was piped on the western property boundary. Additionally,the existing pump for Kelly Creek Subdivision is on the subject property and shall remain. The applicant shall maintain the irrigation pipe and coordinate with the irrigation district for any changes to the irrigation network. 2. Pressurized Irrigation(UDC 11-3A-I5): 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 I I-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 IV. to be provided with development. CITY/AGENCY COMMENTS & CONDITIONS A. Meridian Planning Division 1. A Development Agreement(DA)is required as a provision of rezone of this property. Prior to approval of the rezone ordinance, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of rezone ordinance adoption, and the developer. A certificate of zoning compliance application shall not be submitted until the DA and Ordinance is approved by City Council. The new DA shall, at minimum, incorporate the following provisions IF City Council determines rezone is in the best interest of the City: FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(MERIDIAN LUXE-H-2025-0035) - 17- a. Future development of this site shall be substantially consistent with the site 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. d. All existing structures shall be removed from the property prior to issuance of the first building permit. e. Hours of operation shall be restricted from 6 am to 11 pm for the entire development. f. Comply with the specific use standards for a Self Service Storage Facility and for all prospective uses going into the multi-tenant commercial buildings in UDC 11- 4-3. g. A short plat application shall be submitted after the approval of the building permits to condo the storage buildings. Certificate of Occupancy will not be issued until the short plat application has been finalized. h. The applicant shall install more mature landscaping in the form of 6-inch caliper deciduous trees and 8-foot-tall coniferous trees r- 4-' t^` 4-bet bee with a �..afrief that allows trees to touch within five (5)years of planting in the landscape buffer adjacent to the existing residential. i. The multi-tenant commercial portion of the site is allowed to develop with all the uses listed in UDC 11-213-2 except for the following: Drive Throughs, Restaurants, Self-Service Storage, and Indoor Arts, Entertainment, and Recreation Facilities. CONDITIONAL USE PERMIT 1. 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 demonstrates compliance with these standards. 2. The site and landscape plan shall be revised as follows prior to the submittal of the certificate of zoning compliance application: - Continue the pedestrian sidewalk along the commercial drive aisle along the curve on the northern portion of the site to make a more direct path for pedestrians. - Provide vegetation coverage calculations for the landscape buffers along streets and adjacent to the residential. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(MERIDIAN LUXE-H-2025-0035) - 18- - The applicant shall install a four(4) foot berm and provide a barrier that allows trees to touch within five (5)years of planting in accord with UDC 11-3B-9. - Dimension the western parking lot landscaping buffer. Revise the ten(10) foot multi use pathway to eliminate the meander and make it straight per- n rune , „ditions of appr-oval. - Revise the fencing to provide eight(8) foot closed vision fencing along the perimeter of the storage area where the buildings are not present. 3. A Certificate of Zoning Compliance (CZC) and Design Review application shall be submitted and approved for the proposed wall prior to submitting a building permit application. The design of the site and structures shall comply with the standards listed in UDC 11-3A-19; the design standards listed in the Architectural Standards Manual. 4. The applicant shall provide an updated landscape plan showing accurate tree mitigation for the 280 caliper inches that are being removed, or they shall apply for alternative compliance with equal to or greater than means of mitigation. 5. The Applicant shall comply with all conditions of ACHD. 6. Staff s failure to cite all relevant UDC requirements does not relieve the applicant from compliance. 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 as set forth in UDC 11-5B-6F. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(MERIDIAN LUXE-H-2025-0035) - 19- B. Meridian Public Works W a.�axtNrt Etsu a m sewer Ava Wblr a Site seNw.ft Sewrnr5he17 IE9lmared Rro-jpa Sept applleaaals Sewv FRU's hV(IRidecliting 4alans* • Project Cermstrne Yes men WW Master Ilan adl PWn + Impacts�mlFcrrns + • W@PLAT,[VforksSitnSpeciNCL:andillurr: Water a Ddu Ke in Water wWaler Awllaibie•at low $rrvKvs s frll mrlyd k god See V01W.ridh Water ERU'i • WALn QLsel" Name t P•Oivr1 con'kive'rc YPS w th Water Mal.W Ran • w4mctVcomxerm I None- NON-PLAT CON DITIONS II IN WfWK%J1Fp+FnT-1F'-7 .&*r pA Mir C'nod4iaa341 Apprvr*ll I A IL %4ffl;[1L81 will nqi qn4\lie!ip be Li mug be[Vnpedi absndNiled aL:etwd.i g v I4110*'7 ell r-9tinlcdvn 5vndefds Rules MdlCn01'TWred"ft Who r34l1prgz1wn1 nF Winer Re,.LA rcea 0DIArIt) The❑k:veligw.Owrw.of prgeo Fiflgnilmr.sha11 pnxade a ^lliL1e4nVnl jjdrKy�png whlclhex lhert aY#and tni MAR+silo 1A LIFO deielupawnl.a3Id IF W, ho-A�hr, will!4rnnigive n}be twirl.{TI 1wavide reMd OF1heir 41handn+nlerll If n@Ils ar w bc:aha.id mdd.the pruj m-1 u%An�t their rdjXeWX1Cadxt rilnal C'Mtacl dW Vh It iiloundwaeet NLI[Mlil.n�iC�i;647fl(3LAro1 Skismet,lE} Iayp +loYrll Z'Eld-267.49721 BL•I URL any work is dontrtodmommrssi4Ln an existing wel I(even if it is 6d cvtd thal th71A rlI is IM than I R fl d").h4Xlf 42f;A tnh7e1114ah{In ni[IL!l}YI'I4'tow be nwhmi twd to Lk-City prior w any wDrk being dcme to dercmmissi on the Ael1.Failure to uihVFlunrCalt:wWk IDWX Lnay revel I in udrrtLUMA wLvk erd Cxfwjl sr lu dkC42ltlMUMI n the-aell. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(MERIDIAN LUXE—H-2025-0035) -20- a hllw+%•n1, 1, 1 1 IL\ZY,Ifa14e I,kild.ftp.4xplwha,Llaih 4iz,9liial14 LL AIN.hffl Ul LdGiiraifam lrcn.i,.r:- .I eLL.rblt k1mll uirklo IhL vGLI[s cAf elft ApphernLtS%Lill cY-lP—iW%:Io Lg447--I i5N trslllliselitlll4 IIIkj Ah,}EW 5 i nr+SI«%i•I i;II 14rif plmn4hl If flhM 2r4 71y quC5110M 4x":..I ."J%-Rerlminner Ln pornllel t4qmr4 mfn 11Lft 4aAmicm Sc%L•r 01vuld he tw Icn phsh 1011 ilula rdµc„1 Ldx nctll 3 $ni4C A1IR5 rnLgct he L}II&grs'r+Ip cev.rr mnLn a1'hL'mm6* a Sewcl and wilict tlmrrinp,III pdrollLl rryulrs trio 4ililsax47t►ni '"ci IhLwlld be in.key L!K=Nrft from edgf of ew mml S Vclrn niu i Isr'Lwitacd wallet WmJktpvd krou rimnlLUi Ibr bmiding �. Slubal 111r 5oud asi con%tFgYFft silt WiiLbeMhund In be abandaud ifaoLlld. 7. VLLALd.-'V&L-S c erEia cli, Illy errt.no po%Is Me olkrwcd Ln caxtlfcnls,o foike,6dir Fri LwL 1pnn dre ccir4 emcnicnL.Hwt a r*u slmLnV Ni an dre r4mF.k6dikrially.The frince shanrhl 11011 NI!pualb-1 Nflh lkc waArl SLM11C[,Ad br*iLhsfh the C19criclEL The scnILY3Ifould ILr all kw I II fmrn a pagl 10 fear f 9. Cill mLul hLh-e the a6rliis i10 opea gale al all Lime.Nocfdr Effie lui.iou hum Ike elLy u 1u hn e awg'4e hill the 1 WIL}PIM 9. WaLar W-B[L%to bLr om lh.ffi1 and-td'%2w•rr I U I;.nrl M W scw'pr+er-'i CM ra+l illttwegh mJiitrnll01111 Rtiftllsa 11. Prkn-il a'Y F2tWMLnLs for Blain,fiid anl.lat4rabL and reaperxmicvi ba%anLnLs$homed L Und Lip Wilke eQ ul ell ulw hyd+anl:"oc antlLL,and Iiv be,vikd,L General Coadlt"as DtAppc"al I AppllcanL waaee and a weL mau%1a aid rouhaa w^ih it c NIA lk ceko 2 Ptr Alend,yb 1 bIw 1 ode 11k'( I Ihe-pp11o11 ihdl be w6pansiNe In ui4u&wo er-,wA xnler m alms lu.a d I%nn1µ11 lki,d:rc11g1rncnr hpillllcahl mmX l><rlgLadlC fi ra mmlgn vril xxiwnl41lt foT nnf :siFuci.w 4mkplcculepf per WV S41-3 J. 114r al'plumlt+hyll pmf id-L:a rmLrsll%)fiw ull pohllc wl%vile•cr Ihlams oweidc of puhhe nLL i*F vuq 1 Lnclad4 all wnlerscn Ices arld hNdrluual. Smcr-red1R co&mkm sane*dvgcnd,rkf cia 9.v Yr dppib Srm cr If-''P(I it.4 p Irqullc o lA n rawrAcdl,YIQ�h a 40 El rncitival,md:F.an n a 45 fl easement. Etlyure no pizm mewl 51n murrsilreas.bw,4xr.Nxildehgs.corporhs.Slash rmcpud4 xulit.Y4hccn,lnfilllylan M-ftbc%.IliphA pulps,rk.Ihint bublt 4s11tL11L the utility cmvibcol 4Ebmil m exxulcd ewcnlem ion the fmm I%silablc from Public K-A FLO.aicyal diesrnprioa pr4percd by an Ld ho Li ceikked ILIOfe%kwrimL Lund Sim;c)w.M HO nhmL includd ilitle idea of LIM crculcrL lmarti,ed F.X HID IT 41 and an x I % I l-map�iih beorilip and disaarnn 1 mar hed EXHIBIT Si rue Ln lcm EALILh calrbff Umu%L be..-mod,U151"L011 JALLI by a PM"iuoxl Lid 51111%",bl.W NOT REff*D 4. 11w L'LLy of Polnhrll&I Kulmic%Ibil pe%%uLeed nngalu i}L feint bL i pp6cJ 6 a y�y Ll wwtc ofwalLs AMC 1 I-SHfif T1w MiilLvanl%N,nM k1L lcquirrd rU lim 2'cgl'AieF„ldK9 N wk!ll rake Air lk ppin;uy wt=, If a wriki"or well WUIL4 1�.rwA Me-14WL a ungk podia a e�lmhr4S1„s L:}fgr L'9l,dat4 w'alef apsicrd}Ia,flI I,'L4LIWFLd IF:I%-V lk-IknitA t451VW%:LIVn Iw VilllltL%O. LIY4&vvIW%!r A LII be L4$pant sbk ikrr d14 pmymam rki q#3LnvrL4ms fy 1114 SOmLrKin wzm pTkK to FPh4A io e4lLr14lrlj docloFwn0il plml appia>•A 5- Any srn,nutes lbal.am a:Iow4hd w remium shall Ud subject M!4-Aunkm wd possibtt reass(pmw 4f sanmi eddlivvinF!At M:in coFgAi c w lh VIVC. 6- All Lll ff*n dire hes.ennak,-kllesal5_or drains culus-Irr of mwzil%kmerwar-5.lmerxcudg. crplrinp m 1p}•Iep pd-:•rlE anti 4LfnLlpunub An Ihr ar,a EC1nY eubdivWcj r,lu l he addnv*ed prr UK I t X-f>. 1n pi7t me such work.rho appl icon I shall er mplt 4Idi Idaho CiAt 42-12+0' and WV olhc r PWI i43b14 14w m FcEw 1 an FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(MERIDIAN LUXE—H-2025-0035) -21 - 7 Any wv li,ClI l-ill WL t't-kLIHL I41 hC mnd nI U-4 11e iW441r& xc41tdlrk Is1 IJ;lho W& Co.valcuixi:wider l: k,JLs a6 I.i.6Lrnrd by Lbc Idaho Lkpaft m nl oe r4 aler kciourcex. Ilk AetrloM'w Faglrlwee Lhdl pea+3LLe■ililrei4LIL,Yddrmil f-11c,h.'I Wlere 4.V i.Lbti 4'h,LIIIIV 16CIlL In Ike devil MmMt.mad if ya,terra khgy ivi II cDrl ruLLL Ig hr qi'Ihcl r I.h -i llLiewill. N. AFFr onati n aepd "M*wdwn*cl prvget L-Ladl bo Tarwvcd Elvin wnwr Pcr L'3n'f7admprwd S mme kk 14 WW+I i K. 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I I t rK{1u�r4Lllsnta Me lillw1 in IdOmpq h-f cd INC IMIJAIIL -I. .'I. ._ i-.01x of I*51wh±"d•Lan be fggw 4 kur n'n�Mmdl4f.4l IV r+rl'.LiL;41:.' - -d LL'1d - 10.71Le CFI of hl{swI ICI n•gMrV§thaL Ihr uh7baf"t Lok ('Ply aperi{II ',IIL.r kuprLY IM rk aft%u 1 of 125%ok Lhc u Ial cnmctmi:{Inn g{w Fix al l r ww.splrr and r Nc Imfia-hn1 wrm priorvo fitrs1">,IFWl,Irr I'Mil curdy YL111 be%rrihcd by a Iitk IteM,v41al cylmH.Ug'Pentrrdcd kty Lkr avFnvr w Lhr 011 Thr win;oen ke p4MAvd in 1hr fond of m ineL oCobk Ivur ofcr4d'n-cm it dupmn td bachd ApN44W5L IIkUA Me.1M apMWIrt-Llrl 1i+r Mddc .+h leh 4AIL Ix L0tM QA Lhe Camlmunlla r1nvlaMcm DepLulmeTL W 6byile PICJW cryplac{I Md N%CkggbMt;;%IN-ica rare dour uJilUtMWOM Jl 1tt17-`5 11 30.71Lr City a{MOW ian regtfpes LIWL 1.1W OYLIWF 1x.{{La IL C-qY aILoeraelV$Uff 1 in 11►r jrnodm of }u%oaf Lk bmat.xLmwi_K L-i&m Laa2 I"idl Loa11 parlLd!lcwcn-w 81cr and rLuir Immaiff ILaLre dor diaration aflym x eon T i,movy w,Lt 11e},rri fivd ter a kiw kvisi coro eidmxo IrrVh"b5 the iMiwr Id LhL Cd-+.'Ibe.urLLy cm he prdled In lie 1'mzn td-m Inc4tMhlo LCILCr 4Jf L:wL&1,ash deprrul cwhnnd Als*canl nLu4t fi1L'an',4*lealrw rap ylwrr4.-+Hell au be fuLad 04Ihe Ommummly Undopmclu 1}cpa1[nrnL Wre ni1L PlLMW nIChULL L.mld l}eti's7ulxornL'wnice Fpr r"wr InkOMrl,tlll ya x0-.211 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(MERIDIAN LUXE—H-2025-0035) -22- C. Ada County Highway District(ACHD) Miranda fIDrl.�oodLACAlexis Pl kerip '''ck n'5s- „# -oZni Kent Galdtharpe,Gomrniss�er Owe M€Kinney,Gcrnrnlssro.re+ WPatricia Nikwn,cl nmmiwaww■ Proposed Develloprnent PoliciesMeets All ACHD Policies Pecluire •- - - ACHD -r - r Planned service Improv-DirrbMts Do area roadways Thresholds? ■ ■ Yes improvements? 15 Transit Available? V. FINDINGS A. Rezone(UDC 11-5B-3E) Upon recommendation from the commission,the council shall make a full investigation and shall, at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The City Council finds the Applicant's proposal to rezone 5.99 acres of land to the C-C zoning district from the L-O zoning district is consistent with the comprehensive plan with the provisions listed in the Development Agreement in Section IV. The City Council determined the site to be consistent with the comprehensive plan due to the required landscape buffer to transition to the existing residential,providing employment opportunities on the eastern portion of the site, and the change in the Future Land Use Map to commercial to allow the uses to be consistent with it. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(MERIDIAN LUXE—H-2025-0035) -23- 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 the C-C zoning district and conceptual development plan generally complies with the purpose statement of the C-C district in that it will provide a broader mix or retail, office, and service uses on the eastern portion of the site while also allowing for the self-storage use through a conditional use permit. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds the proposed map amendment will not be detrimental to the public health, safety, and welfare as the proposed uses are providing a denser transition to the existing residences in the form of 6 inch caliper deciduous trees and 8 foot tall coniferous trees, hours of operation being restricted from 6 am to 11 pm and vehicle trips to the site are anticipated to generate 132 trips per day. 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. Water and sewer services are available for connection to the future buildings on the site. 5. The annexation(as applicable)is in the best interest of city. Not Applicable. B. Conditional Use(UDC 11-5B-6E) The commission shall base its determination on the conditional use permit request upon the following: 1. 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. The site meets all the dimensional and development regulations of the C-C zoning district for the proposed use. Therefore, the City Council finds the site is large enough to accommodate the proposed use. 2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord with the requirements of this title. The City Council finds the proposed use will be harmonious with the Comprehensive Plan in that it will provide additional employment, services, and recreation opportunities for residences in the area. 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. The City Council finds the design, construction, operation and maintenance of the proposed use with the conditions imposed will be compatible with other uses in the general vicinity but may moderately change the character of the area due to existing residential surrounding the property. However, the applicant will be required to install a denser transition to the existing residences in the form of 6-inch caliper deciduous trees and 8 foot tall coniferous trees that touch within 5 years of planting. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(MERIDIAN LUXE-H-2025-0035) -24- 4. That the proposed use,if it complies with all conditions of the approval imposed,will not adversely affect other property in the vicinity. The City Council finds that if the applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. This is because the proposed uses are compatible with existing residential surrounding the property due to a relatively low estimated traffic generation and enhanced landscape buffers to the residential. 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. The City Council finds the proposed use will be served by essential public facilities and services as required. 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. The City Council finds the proposed use 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. The City Council finds the proposed use will not be detrimental to any persons,property or the general welfare by the reasons noted above. In addition, the applicant will be required to provide a denser transition to the existing residences in the form of 6-inch caliper deciduous trees and 8 foot tall coniferous trees that touch within 5 years of planting. 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. The City Council finds the proposed use 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: Not Applicable. 10. That the proposed nonconforming use does not encourage or set a precedent for additional nonconforming uses within the area; and, Not Applicable. 11. 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. Not Applicable. C. Comprehensive Plan(UDC 11-513-71)) 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 amendment to the Comprehensive Plan,the Council shall make the following findings: 1. The proposed amendment is consistent with the other elements of the comprehensive plan. The City Council finds the proposed amendment to Commercial is consistent with the Comprehensive Plan in that the proposed development will provide employment and help FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(MERIDIAN LUXE-H-2025-0035) -25- provide a transition from McMillan Road to existing residences. The City Council determined the site to be consistent with the comprehensive plan due to the required landscape buffer to transition to the existing residential,providing employment opportunities on the eastern portion of the site, and the change in the Future Land Use Map to commercial to allow the uses to be consistent with it. 2. The proposed amendment provides an improved guide to future growth and development of the city. The City Council finds that the proposal to change the FL UM designation from Office to Commercial will allow for the last remaining parcel on the McMillan frontage in the immediate area to redevelop. The applicant cited a change in market demand since the parcel was annexed into the city, however, the comprehensive plan calls for employment in this area which is why the site plan encompasses multiple uses. 3. The proposed amendment is internally consistent with the goals, objectives and policies of the Comprehensive Plan. The City Council finds that the proposed amendment is consistent with the Goals, Objectives, and Policies of the Comprehensive Plan as noted in Section III. 4. The proposed amendment is consistent with this Unified Development Code. The City Council finds that the proposed amendment is consistent with the Unified Development Code. The subject development meets the dimensional standards in the UDC. 5. The amendment will be compatible with existing and planned surrounding land uses. The City Council finds the proposed amendment will be compatible with existing residential surrounding the property due to a relatively low estimated traffic generation and enhanced landscape buffers to the residential. The applicant will be required to provide a denser transition to the existing residences in the form of 6 inch caliper deciduous trees and 8 foot tall coniferous trees, and restrict hours of operation from 6 am to 11 pm. 6. The proposed amendment will not burden existing and planned service capabilities. The City Council finds that the proposed amendment will not burden existing and planned service capabilities in this portion of the city. Sewer and water services are currently available to this site.ACHD has determined the traffic along W.McMillan Road will have sufficient capacity to allow for the addition of these uses in the area. 7. The proposed map amendment(as applicable)provides a logical juxtaposition of uses that allows sufficient area to mitigate any anticipated impact associated with the development of the area. The City Council finds the proposed map amendment provides a logical juxtaposition of uses and sufficient area to mitigate any development impacts to adjacent properties Vl. 8. The proposed amendment is in the best interest of the City of Meridian. For the reasons stated in Section III and the subject findings above, The City Council finds that the proposed amendment is in the best interest of the City. ACTION A. Staff: Staff recommends approval of the proposed amendment to the Future Land Use Map,Rezone, Conditional Use Permit, and Development Agreement Modification per the provisions in Section IV in accord with the Findings in Section V. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(MERIDIAN LUXE-H-2025-0035) -26- B. Commission: The Meridian Planning&Zoning Commission heard these items on October 16t'', 2025.At the public hearing,the Commission moved to recommend approval of the subject Rezone, Comprhensive Plan Map Amendment,Development Agreement Modification and Conditional Use Permit requests. 1. Summary of Commission public hearing_ a. In favor:Natalie Jones,Mary Wall, and Brian Burnett b. In opposition: Daniel Fisher,Penny Fisher,Doug Pill,Rodney Ludlow,Ryanpp, Case Doom,Tami Hindraker, Eric Hindraker,Tiffany Abernathy, Serge Martinez, C. Commenting d. Written testimony: Laurel Bower,Aura Cortes, and Scott Meeks e. Staff presentinggpplication:Nick Napoli f Other Staff commenting on application: Caleb Hood 2. Key issue(s) public testimony a. Concern re ag rding traffic,noise,transition to the residential,hours of operation,LoLo Pass being extended creating cut through traffic,and height of the proposed buildings. The neighbors were primarily concerned with traffic impacts to the neighborhood and impacts on safety. They are against the rezoningay believe it will generate more traffic than an office park. 3. Key issue(s)of discussion by Commission: a. Commission discussed the extension of LoLo Pass into the proposed development and whether having this connection point is appropriate ,given the connection of residential and commercial uses. In addition,the commission discussed the landscape buffer to the existing residential on the north and east portions of the site. 4. Commission change(s)to Staff recommendation: a. The commission recommended the LoLo Pass Way entrance be restricted to emergency access only,the buffer to the existing residential include a 4 foot berm with a 4 foot fence on top, and recommends the City Council consider further restrict the hours of operation, and add additional parking. 5. Outstandingissue(s)for City Council: a. Whether the access point in aligmnent with LoLo Pass Way proposed to extended into the site is restricted to emergency access only. b. The buffer to the existing residential and what is considered an adequate transition. c. Hours of operation and whether they should be further restricted. d. Whether the rezoning is in the best interest of the city. C. City Council: The Meridian City Council heard these items on December 91h, 2025. At the public hearing the Council moved to approve the subject Comprehensive Plan Map Amendment, Rezone, Conditional Use Permit and Development Agreement Modification requests. I. Summary of the City Council public hearing: a. In favor:Natalie Jones, Mary Wall, and Brian Burnett b. In opposition: Penny Fisher, Daniel Fisher, Laurel Bower, Angie Ludlow, Scott Meeks, and Serge Martinez c. Commenting:None d. Written testimony: Rod Ludlow: Concerns regarding cut through traffic with the connection of LoLo Pass Way and the impact that will have on safety on the neighborhood. He requested the access point be restricted to emergency access only. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(MERIDIAN LUXE-H-2025-0035) -27- e. Staff presenting application:Nick Napoli f. Other Staff commenting on application: Bill Parsons 2. Key issue(s)of public testimony: a. The residents testifying were concerned regarding the increase in traffic on McMillan. Goddard Creek and Apgar Creek Drive: safety of the neighborhood with the increase in traffic.noise and hours of operation: Cut through traffic using the connection to LoLo Pass and the safety of the children in the neighborhood: Inadequate parking for the es of businesses that could occupy the tenant spaces: Prefer having an office park instead of commercial uses. 3. Key issue(s)of discussion by City Council: a. City Council discussed the extension of LoLo Pass Way with Councilwoman Strader raising concerns with compatibility of the development if restricting access is going to be required. In addition. City Council discussed the landscape buffer to residential traffic along McMillan and in the surrounding area,whether the original proposal by the applicant for all storage is more appropriate, and parking within the development. The City Council ultimately determined that restricting access to the development is not in the best interest of the city.However.the City Council did determine that more mature landscaping on the northern boundary will be required in lieu of the fencing and berm. 4. City Council change(s)to Commission recommendation. a. Modify DA Provision h: The applicant shall install more mature landscaping in the form of 6-inch caliper deciduous trees and 8-foot-tall coniferous trees a fur-(4) fee. with that allows trees to touch within five(5)years of planting in the landscape buffer adjacent to the existing residential. Eliminate Condition 2.5: Revise the to ( 0) feet ffmiti e i3at <,,v to eli the, FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(MERIDIAN LUXE-H-2025-0035) -28- EXHIBITS A. Project Area Maps (link to Project Overview) 1. Aerial Vll. Legend F.• . 'S��-q1 .,x,•�e:•evxe6" x'1!4 Project Location ,,�..• +� a,,•�AI4AxNR4,�:lfe� ,..Area of Impact =;;�i•, ' a ►RrR q O Analysis "n'!!' ' ' FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(MERIDIAN LUXE—H-2025-0035) -29- 2. Zoning Map Legend RUT� ��® C�C� (� Project Location R-40J®� MI. 0 :.:Area of Impact R1 ® ® may O Analysis R� � L-O EJ EHEInB'��7%R-4t C-C 7`7 MITE R-15 r �� BRUT '®p`�� iR=1r5 _ R '_ p 1 C. i uR7' 9 1 -R-2 RUT---IF �® HE ® rnR° �I FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(MERIDIAN LUXE-H-2025-0035) -30- 1 11 r + t + t Ion lit y 71 _ rll E � iiiiEtlr IEEE I l , . ■* 1n 1 r � � i ■, � ,1 1 1111�— • F] ■n ErE ■ � . E IN III ! _ 1 4- [ w 1tv CH �C ■ �. r #• tY ■■■ -� w 1 11111111 IIi11all 11 11111E■ a■a MI FIN ■ 1111■' 1 _ IIIEI - ■■111111� 71 11 ■1! �%, ■■1■1111 #y ■r1III i ■■■r I_:Y, 111i 1111 Led1LlE114 'L1mt1 ■w :► 11r■■■p-!P65 f,* ,■ IJ■1 1 1 IHCSdclrnlle�l ■■11 ■ 11 •11ln1 ii■A Fr'uFIn AAA f1I HIM I, EE■ soon NONEt ■■ 11111 11111Yi11L ' E=�E loll 1 1 I� I� �a.�r, JIIIIIJ1114ti`.i •r 111■■■ q it Iicmen Nid i'11t GLi + I 111E INS {111rit1i€'L'CII * I s r1 }n n1 #1711 la-r i � 1@L � -ter{ .•• • *H LI=1 ■I �. ururu� i��nt I A InIA■11« } ,Ris}�j1 _ IL11Ir1l ill Q— ___ rllr 51 # + + — ■■ 111 II111111 of rat # r pp. �rtlsl �'— r ■�l•.n+%R'1ens�•ti,**'-F + i �lls, rft IIIIIIIIIL - 11- 11" ■ Ii111! — �' IIIII � f1.11�� ' ■�tid*�SIIa1I 11L {. ;�si�y I 1 1 — lilll + Ill �� 1•Iff � oil 1 1 111 I11 11111E • I■1 # Ion rsu ��EEEEEr�i1�■Iw = ■■. t� 1 • • • • 1 1 • •' 1 •' 1 � 1 11 4. Planned Development Map Legend f VIM �®"_`�� Project Location ""Area of Impact ?Ct� i ® ; ®F City Limits Planned Parcels . O Analysis FB D I 1 RR ® ® ®� FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(MERIDIAN LUXE—H-2025-0035) -32- B. Subject Site Photos e 4'— .r. �f ,l y FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(MERIDIAN LUXE-H-2025-0035) -33- -w s _ r.;� i•.. .e. +5 • a FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(MERIDIAN LUXE-H-2025-0035) -34- C. Service Accessibility Report PARCEL SO4 64385SO SERVICE AC ESSIBILI`, Overall Score: 37 181st Percentile 1 . . P I Location In City Limits GREEN Extension Sewer Trunkshed mains < 500 ft.from parcel GREEN Floodplain Either not within the 100 yr floodplain or > 2 t:r=s GREEN Emergency Services Fire Response time < 5 min. GREEN Emergency Services police Meets response time goals mo=# _=-h= -;,h= GREEN Pathways Within 114 mile of current pathways GREEN Transit Not within 114 of current or future transit rc-u`e RED Arterial Road Buildout Status Ultimate configuration(4 of lanes in master strev_s GREEN plan) matches existing (4 of lanes) School Walking Proximity Within 112 mile walking GREEN Either a High School or College within 2 miles OR v School Drivability Middle or Elementary School within 1 mile drivir•, GREEN (existing or future) Eithera Regional park within 1 mile OR a Com1-1L Park Walkability Park within 1I2 mile ORa Neighborhood Park :i-1 GREEN 114 mile walking FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(MERIDIAN LUXE—H-2025-0035) -35- A Site Plan(date: 9/15/2025) LEA gm= VZ=.B iv c*A Ffj ai LU - -- - --------- W. V"UAHREMB OPRIMOl INIM SFFE PLAN 77577 SPI-0 d' FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(MERIDIAN LUXE—H-2025-0035) -36- E. Landscape Plan (date: 11/25/2025) CGfV�sIR�UCiyION ;y e o 0 I 4L 4- WAA V&- , OEM law \\--—------------ - = , �— — — — _— ------------ _� m —.I—..—•-•w LANDSCAPE PLAN•AREA ONE —..—. _. —..T ^'�.�.".�. - - •^'" u.Nvscar �yZ�� di�►t - wx�-wr^c,c nor agues_ 0 rl� !JCT=OR cauSrRucnaN -. --------------- o ------- ----------------------------------- 'r= e n _ V .- LANDSCAPE PLAN.AREA TWO FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(MERIDIAN LUXE—H-2025-0035) -37- LANGSG+CS NOT'�se ...._ r...�. [ N07 K R �'''.••�"�•~•�•y"'�''•a^�:�"Y'•�`•:a��•m -_• "•• �, "'••.••••� 4 ,9DfiIM ONpICWANIGOAYf1H[40RM1FLNIIIY •V al lit L�9GAPd ga;dg PPlP.a44T0� ^� .w.:e.""�.."M� ..._......e........"... $ �S w• -tea : r s J.3 PIS GFTAILA FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(MERIDIAN LUXE—H-2025-0035) -38- F. Building Elevations(date: 9/15/2025) = 1 Flex Spaces-View from McMillan Road FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(MERIDIAN LUXE—H-2025-0035) -39- 5#orage Building -View from McMillan Road S#orage Building -View from McMillan Road FINDINGS OF • • OF • ORDER FOR 00 -40- pop— �.. IWL Flex Spaces -View from Parking Lot FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(MERIDIAN LUXE-H-2025-0035) -41 - G. Rezone Legal Description&Exhibit Map LEGAL DESCRIPTION FOR FULFER KELLY Z gRIWA TRU13T PARCEL-V PZEMNE A pare?ar sand rar lire purposes o1 re2Gning,taQ n In the SWI g of the SE114,2F Fwoc6 r 20.TawwrsFav 4 North.Rwge 1 West.2aise Mericlan.Gay of AFenjien,Add County.Who- and ba rg Nahe*descrlbed as rall"s' BASIS Oa SEARING The South hrm of Ow S fdW of asud S ✓ra 25,denwed km Ihund tocrRvnaeyrita ernd W&n as Mcm d1r°28'35'VIA10 w,i rr the cfrsren_e beNL*&r rnonunmirft 63urld la be MA do Iles! 6EOINWNG at a brass mp uKff m 6mi4 rwrkrlg the Sautln,eM-narlFe,•W sera sEL4; Tbvice,North WWI T'East a 044mipR PT JG CO reef lb a S it Inch rebW M%B mng N Soumeeet o3mar at Fuller Saddias"No.3 as nm;or*d in ltu olhaet recnrh at Ada cawly n put F3bbk W W Page 1 ONS: Titmoca,CmWnWV.Narrn 09 30-1 1'Eart a dfslanw at 320.00 Nat along"Fail Grw ai sW Fulh!r Subdnlmon Na.3to-a-vv&nch rebar rnarWgthe 8authwesl carrmofFulfef Subdiy&inn ado d as reewded W1 the DfklW records of Ada County in PkM Flask 92 al Rdgu 10905: Thence,ma*q sad Eata4 hrr*prod*mg 04a bftmasry-at sad Fuller SultiiPa%Dn NG-4 the k*owrrgl 3 courses,Swth W2714'F'psr a dlglance or 269 96 Feet; T rwr�e,1"h 00'3746`East a dt5tanw of d36 44 lmW 10 a 51 -inch rehm Theme.ssa m carat 14'Mm a asmnce of 215 01 W to a i arrr l5 mrbaw. Thence,leayvrg s,Wd FUIrer5ubdm&-*n No.A bairK6uV andconitnuir�g.South 00`3T'14' West a di!stmom or 17e 68 Teet is a 68roah rebsr rn lire North right-Fwaq We of 4V W-Milian Rd. I Imo ,oonUnung $oLAh 60'32'14"4Vesr 3 amn€a fir 90.00 reef to point aolnCldelN with said SuAh lino of the SE114 and rhr rrnMina aF tSMd W.UcMillsn Rd: Thence.a ang tad winudom Iino.North 89'26'357 weal a daiencq at 700.50 Frei to me FICINT OF BEGINNING Said Parc !^orralnirg J W*squwefaetar 5 99 auras,nwr*a+fees and is suGrrxl 7h 211 eKim s nesrvrlrms.eetlrw r-gh;s-of-ways of record or irroW. ENO CLF DESCRIPWN. LAA Kwrm N BarRn&m.P L$ 1 112D Timberlirre Surw"in9 3t6 S.Ximall Ave.Suitr 257 a Cakmali,Ibaho 63095 *. (208)465r5667 4?.r Q�� Pegs 1 of 1 uinas,�n.5xaun-iES-ttw SUV4rar k*-PMM+'*T94FM FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(MERIDIAN LUXE—H-2025-0035) -42- 04 to—WWI wvd'E6 xx]9 .3+ cs i 'eAO A45fN ,iraans n:397QJ _ varrr•a�.F Cr.vax I m 3 O 4 G M ,L 'G$d R ry}� CL a OL I s r -- L6-NNI 35rd Za �o,^N au c L i -rc NOPRJAP79 7S &3ri rfld FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(MERIDIAN LUXE—H-2025-0035) -43-