HomeMy WebLinkAboutMeridian Luxe H-2025-0035 Ada County Recorder Trent Tripple 2026-018657
Boise,Idaho Pgs=54 cfowler 03/18/2026 08:04:48 AM
CITY OF MERIDIAN IDAHO$0.00
Electronically Recorded
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Kelly G. Fulfer and Brenda M. Fulfer, Trustees of The Kelly & Brenda Fulfer Trust,
Owner/Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement') is made and entered into this 17th day of
March , 2026,by and between City of Meridian, a municipal corporation of the State of Idaho,
hereafter called"CITY,"whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642, and Kelly G.
Fulfer and Brenda M. Fulfer, Trustees of The Kelly and Brenda Fulfer Trust, whose address is 2350 W.
McMillan Road, Meridian, Idaho 83646, hereinafter called"OWNER/DEVELOPER."
1. RECITALS:
1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of a certain
tract of land in the County of Ada, State of Idaho, described in Exhibit "A," which is
attached hereto and by this reference incorporated herein as if set forth in full,
hereinafter referred to as the "Property;" and
1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, establish
provisions governing the creation, form,recording, modification, enforcement and
termination of development agreements required or permitted as a condition of zoning
that the Owner/Developer make a written commitment concerning the use or
development of the Property; and
1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-
5B-3 of the Unified Development Code ("UDC"), which authorizes development
agreements and the modification of development agreements; and
1.4 WHEREAS, Owner/Developer has submitted an application for development
agreement modification to remove the property listed in Exhibit"A" from an existing
Development Agreement (Kelly Creek Subdivision AZ-03-013)recorded on October
24, 2003 in Ada County, Idaho as Instrument#103181095, and for the inclusion of the
Property into this new Agreement, which generally describes how the Property will be
developed and what improvements will be made; and
1.5 WHEREAS, Owner/Developer made representations at the duly noticed public
hearings before the Meridian City Council, as to how the property will be developed
and what improvements will be made; and
DEVELOPMENT AGREEMENT—MERIDIAN LUXE H-2025-0035
Page 1 of 9
1.6 WHEREAS, the record of the proceedings for requested development agreement
modification held before the City Council includes responses of government
subdivisions providing services within the City of Meridian planning jurisdiction, and
includes further testimony and comment; and
1.7 WHEREAS, on the 6th of January, 2026, the Meridian City Council approved certain
Findings of Fact and Conclusions of Law and Decision and Order("Findings"),
which have been incorporated into this Agreement and attached as Exhibit "B;" and
1.8 WHEREAS, Owner/Developer deems it to be in its best interest to be able to enter
into this Agreement and acknowledges that this Agreement was entered into
voluntarily and at its urging and request; and
1.9 WHEREAS, the property listed in Exhibit "A" shall no longer be subject to the terms
of the existing Development Agreement (Kelly Creek Subdivision AZ-03-013)
recorded on October 24, 2003 in Ada County, Idaho as Instrument#103181095 and
shall be bound by the terms contained herein in this new agreement; and
1.10 WHEREAS, City requires the Owner/Developer to enter into a development
agreement modification for the purpose of ensuring that the Property is developed and
the subsequent use of the Property is in accordance with the terms and conditions of
this Agreement, herein being established as a result of evidence received by the City in
the proceedings for zoning designation from government subdivisions providing
services within the planning jurisdiction and from affected property owners and to
ensure zoning designations are in accordance with the amended Comprehensive Plan
of the City of Meridian on December 19, 2019, Resolution No. 19-2179, and the UDC,
Title 11.
NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the
parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding
and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement, the following words, terms and phrases
herein contained in this section shall be defined and interpreted as herein provided for, unless the clear
context of the presentation of the same requires otherwise:
3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is
a municipal corporation and government subdivision of the state of Idaho, organized
and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway
Avenue, Meridian, Idaho 83642.
3.2 OWNER/DEVELOPER: means and refers to Kelly G. Fulfer and Brenda M.
Fulfer, Trustees of The Kelly & Brenda Fulfer Trust, whose address is 2350 W.
McMillan Rd., Meridian, Idaho 83646, the party that owns said Property and shall
include any subsequent owner(s) of the Property.
DEVELOPMENT AGREEMENT-MERIDIAN LUXE H-2025-0035
Page 2 of 9
3.3 PROPERTY: means and refers to that certain parcel of Property located in the
County of Ada, City of Meridian as described in Exhibit"A" describing a parcel to be
removed from existing Development Agreement (Kelly Creek Subdivision AZ-03-
013) recorded on October 24, 2003 in Ada County, Idaho as Instrument#103181095,
with such parcel being bound by this new Agreement, which Exhibit "A" is attached
hereto and by this reference incorporated herein as if set forth at length.
4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to
develop the Property in accordance with the terms and conditions of this Agreement.
4.1 The uses allowed pursuant to this Agreement are only those uses allowed as permitted,
conditional and/or accessory uses under the UDC.
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1 Owner/Developer shall develop the Property in accordance with the following special
conditions:
a. Future development of this site shall be substantially consistent with the site plan,
landscape plan, and conceptual building elevations included in Section VIII of the
Staff Report attached to the Findings of Fact and Conclusions of Law attached
hereto as Exhibit`B" and the provisions contained herein.
b. 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 6:00 a.m. to l l:00 p.m. 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.
DEVELOPMENT AGREEMENT-MERIDIAN LUXE H-2025-0035
Page 3 of 9
h. The Owner/Developer shall install more mature landscaping in the form of 6-inch
caliper deciduous trees and 8-foot-tall coniferous trees 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 11-2B-2 except for the following: Drive Throughs, Restaurants,
Self-Service Storage, and Indoor Arts, Entertainment, and Recreation Facilities.
6. APPROVAL PERIOD: If this Agreement has not been fully executed within six (6)months
after the date of the Findings, the City may, at its sole discretion, declare the Agreement null and void.
7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING
DESIGNATION:
7.1 Acts of Default. In the event Owner/Developer, or Owner's Developer's heirs,
successors, assigns, or subsequent owners of the Property or any other person
acquiring an interest in the Property fail to faithfully comply with all of the terms and
conditions included in this Agreement in connection with the Property, this Agreement
may be terminated by the City upon compliance with the requirements of the Zoning
Ordinance.
7.2 Notice and Cure Period. In the event of Owner/Developer's default of this
agreement, Owner/Developer shall have thirty(30) days from receipt of written notice
from City to initiate commencement of action to correct the breach and cure the
default, which actions must be prosecuted with diligence and completed within one
hundred eighty (180) days; provided, however, that in the case of any such default that
cannot with diligence be cured within such one hundred eighty (180) day period, then
the time allowed to cure such failure may be extended for such period as may be
necessary to complete the curing of the same with diligence and continuity.
7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice
from City as described in Section 7.2, City shall, upon satisfaction of the notice and
hearing procedures set forth in Idaho Code § 67-6511A, 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 the City's decision to annex and/or re-zone the Property, City and
Owner/Developer stipulate that specific performance is an appropriate,but not
exclusive, remedy in the event of default. Owner/Developer reserves all rights to
contest whether a default has occurred.
7.4 Choice of Law and Venue. This Agreement and the rights of the parties hereto shall
be governed by and construed in accordance with the laws of the State of Idaho,
including all matters of construction, validity,performance, and enforcement. Any
action brought by any party hereto shall be brought within Ada County, Idaho.
DEVELOPMENT AGREEMENT-MERIDIAN LUXE H-2025-0035
Page 4 of 9
7.5 Delay. In the event the performance of any covenant to be performed hereunder by
either Owner/Developer or City is delayed for causes that are beyond the reasonable
control of the party responsible for such performance,which shall include, without
limitation, acts of civil disobedience, strikes or similar causes, the time for such
performance shall be extended by the amount of time of such delay.
7.6 Waiver. A waiver by City of any default by Owner/Developer of any one or more of
the covenants or conditions hereof shall apply solely to the default and defaults waived
and shall neither bar any other rights or remedies of City nor apply to any subsequent
default of any such or other covenants and conditions.
8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the
entirety of said development of the Property as required by this Agreement or by City ordinance or
policy, notify the City Engineer and request the City Engineer's inspections and written ordinance or
policy, notify the City Engineer and request the City Engineer's inspections and written approval of such
completed improvements or portion therefor in accordance with the terms and conditions of this
Agreement and all other ordinance of the City that apply to said Property.
9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all
of the Exhibits, and submit proof of such recording to Owner/Developer.
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 agrees to provide, if required by
the City.
12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued if the
improvements have not been installed, completed, and accepted by the City, or sufficient surety of
performance is provided by Owner/Developer to the City in accordance with Paragraph 11 above.
13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by all
ordinances of the City of Meridian unless otherwise provided by this Agreement.
14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be
deemed delivered if and when personally delivered or three (3) days after deposit in the United States
Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows:
CITY: with copy to:
City Clerk City Attorney
City of Meridian City of Meridian
33 E. Broadway Ave. 33 E. Broadway Ave.
Meridian, Idaho 83642 Meridian, Idaho 83642
OWNER/DEVELOPER:
Kelly G. Fulfer and Brenda M. Fulfer, Trustees of The Kelly and Brenda Fulfer Trust
2350 W. McMillan Road
Meridian, Idaho 83646
DEVELOPMENT AGREEMENT-MERIDIAN LUXE H-2025-0035
Page 5 of 9
14.1 A parry shall have the right to change its address by delivering to the other parry 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 parry shall be entitled, in addition to any other relief as may be
granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction.
This provision shall be deemed to be a separate contract between the parties and shall survive any
default, termination or forfeiture of this Agreement.
16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is
strictly of the essence with respect to each and every term, condition and provision hereof, and that the
failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under
this Agreement by the other party so failing to perform.
17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure
to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including
City's corporate authorities and their successors in office. This Agreement shall be binding on the
Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property.
Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that
any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall
be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon
written request of Owner/Developer, to execute appropriate and recordable evidence of termination of
this Agreement if City, in its sole and reasonable discretion, has determined that Owner/Developer has
fully performed its obligations under this Agreement.
18. INVALID PROVISION: If any provision of this Agreement is held not valid by a
court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and
the invalidity thereof shall not affect any of the other provisions contained herein.
19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party
shall act reasonable in giving any consent, approval, or taking any other action under this Agreement.
20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action
or other proceeding instituted by any third parry(including a governmental entity or official) challenging
the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or
proceeding.
21. REMOVED PROPERTY: The City is hereby authorized, in its sole discretion, to
remove a portion of the Property ("Removed Property") from this Agreement at any time,provided that
the City and the owner of the Removed Property concurrently enter into a modified development
agreement governing the development and use of the Removed Property. The remaining portion of the
Property, which has not been removed from this Agreement as described above, shall continue to be
bound by the terms of this Agreement.
22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements, condition and understandings between Owner/Developer and City relative to the subject
matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written,
express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein
otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be
DEVELOPMENT AGREEMENT-MERIDIAN LUXE H-2025-0035
Page 6 of 9
binding upon the parties hereto unless reduced to writing and signed by them or their successors in
interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of
City.
22.1 No condition governing the uses and/or conditions governing the Property herein
provided for can be modified or amended without the approval of the City Council
after the City has conducted public hearing(s) in accordance with the notice
provisions provided for a zoning designation and/or amendment in force at the time
of the proposed amendment.
23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective upon
execution of the Mayor and City Clerk.
[End of text. Acknowledgements, signatures, and Exhibits A and B follow.]
DEVELOPMENT AGREEMENT-MERIDIAN LUXE H-2025-0035
Page 7 of 9
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made it
effective as hereinabove provided.
OWNER/DEVELOPER: OWNER/DEVELOPER:
Relly1G.Fulfer,Trustee of Brenda M. Fulfer, Trustee of
The Kelly and Brenda Fulfer Trust The Kelly and Brenda Fulfer Trust
State of Idaho )
ss:
County of Ada )
On this 3 day of ffla e�h ,2026,before me,the undersigned,a Notary Public in and for said State,personally
appeared Kelly G.Fulfer,known or identified to me to be the Trustee of The Kelly and Brenda Fulfer Trust 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.
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State of Idaho )
ss:
County of Ada )
On this day of MCL�C ,2026,before me,the undersigned,a Notary Public in and for said State,personally
appeared Brenda M.Fulfer, known or identified to me to be the Trustee of The Kelly and Brenda Fulfer Trust 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.
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DEVELOPMENT AGREEMENT-MERIDIAN LUXE H-2025-0035
Page 8 of 9
CITY OF MERIDIAN ATTEST:
By: _______________________________ ________________________________
3-17-2026
John Overton, Council President
Chris Johnson, City Clerk
3-17-2026
State of Idaho )
: ss
County of Ada )
March
On this _____ day of _______________, 2026, before me, a Notary Public, personally appeared John Overton and
17th
Chris Johnson, known or identified to me to be the Council President 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.
_________________________________
(SEAL) Notary Public for Idaho
3-28-2028
My Commission Expires: _______________
DEVELOPMENT AGREEMENT MERIDIAN LUXE H-2025-0035
Page 9 of 9
EXHIBIT A
LEGAL DESCRIPTION FOR
FULFER KELLY & BRENDA TRUST
PARCEL "A"
A parcel of land located in the SW1/4 of the SE1/4 of Section 26, Township 4 North,
Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho and being further
described as follows:
BASIS OF BEARING:
The South line of the SE114 of said Section 26, derived from found monuments and
taken as North 89028'35" West with the distance between monuments found to be
2625.50 feet.
COMMENCING at a brass cap monument marking the Southwest corner of said
SE1/4; Thence, along said South line South 89028'35" East a distance of 700.50 feet;
Thence, leaving said South line, North 00032'14" East a distance of 30.00 feet to a 5/8-
inch rebar on the North right-of-way line of West McMillan Road and marking the
POINT OF BEGINNING;
Thence, along said North right-of-way line, North 89028'35" West a distance of 700.45
feet to a 5/8-inch rebar marking the Southeast corner of Fulfer Subdivision No. 3 as
recorded in the official records of Ada County in Plat Book 92 at Page 10888;
Thence, leaving said North right-of-way line and along the East line of said Fulfer
Subdivision No. 3, North 00'38'11" East a distance of 320.00 feet to a 5/8-inch rebar
marking the Southwest corner of Fulfer Subdivision No. 4 as recorded in the official
records of Ada County in Plat Book 92 at Page 10985;
Thence, leaving said East line and along the boundary of said Fulfer Subdivision No. 4
the following 3 courses, South 89°22'14" East a distance of 269.96 feet;
Thence, North 80°37'46" East a distance of 436.44 feet to a 5/8-inch rebar;
Thence, South 00632'14" West a distance of 215.81 feet to a 1/2-inch rebar;
Thence, leaving said Fulfer Subdivision No. 4 boundary and continuing, South
00032'14" West a distance of 178.68 feet to the POINT OF BEGINNING.
Said Parcel containing 239,893 square feet or 5.51 acres, more or less and is subject.
to all existing easements and/or rights-of-ways of record or implied.
END OF DESCRIPTION. ,oeyNL LRA
Kevin N. Sorensen, P.L.S. 11120 0.
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316 S. Kimball Ave., Suite 207 ( cL 11120 7D
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EXHIBIT B
CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAWC��(IEN
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 9t'`,2025 (Findings on January 6t'',2025)
A. Findings of Fact
l. 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 9',2025, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of December 9t'',
2025, incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of January 6',2025, incorporated by reference)
B. Conclusions of Law
I. 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 § 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(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 9th,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 11-513-6.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 § 67-6521(1)(d), if this final decision concerns a matter enumerated in Idaho
Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight
(28)days after all remedies have been exhausted, including requesting reconsideration of this final
decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as
provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of
Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA.
F. Notice of Right to Regulatory Takings Analysis
Pursuant to Idaho Code §§ 67-652 1(1)(d) and 67-8003, an owner of private property that is the
subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory
takings analysis.
G. Attached: Staff Report for the hearing date of December 9t1i,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 AYE
COUNCIL VICE PRESIDENT LIZ STRADER VOTED AYE
COUNCIL MEMBER DOUG TAYLOR VOTED AYE
COUNCIL MEMBER JOHN OVERTON VOTED AYE
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED AYE
COUNCIL MEMBER BRIAN WHITLOCK VOTED AYE
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robert E: ' 'son 1-6-2026
Attest:
/� ,/ � CNi l R117IAN4�-
AL
� SEAL
Chris John n
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Chaa4av'`�, , )
Dated: 1-6-2026
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(MERIDIAN LUXE-H-2025-0035) -4-
COMMUNITY DEVELOPMENT �E IDIAN�--
DEPARTMENT REPORT e h i O
HEARING 12/9/2025 Legend
DATE: Project Location ,- City Limits
TO: Mayor&City Council :.:Area of Impact O Analysis
FROM: Nick Napoli Associate Planner
NU
® @ _
208-884-5533
nnapoli@meridiancity.org
APPLICANT: Mary Wall
ffFn
SUBJECT: H-2025-0035 s ® ® €
Meridian Luxe ffm
®
LOCATION: Located at 2350 W.McMillan Road in @'
the SW 1/4 of the SE 1/4 of Section 26, -
TAN.,R.1 W. '_ ® ® 1
�I, I
1. 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
City of Meridian I Department Report 1.Project Overview
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
,ource 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
• 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 j 9/19
Parcel Count Parcel Acreage Infill Indicator:
2,180 Surrounding Area
124 7% Not cit-v
®1,733. 1W City Lirnits
2,870 9 ■ Not City
Household Change Household& Population Growth
Households
02020
Population Change:13.4%
Population ■Growth
(Household and Population Change
since 2010Decennial) 10,000 20,000 30,000
2.00 ��F 2,500
Single-family 2,000
211
Residential 1.50
Parcel Diversity ¢ 1.00 1,500 U
N 1,000
O Parcel Count t,, 0.50 0.40 500 L
�s
*Average Acres 0.00 $ 0 12 0
a
R-2 P,-J R-8 R-15
Average Single-family Density by Zoning Average
10.00
8.08 Residential Net Density
5.00 0 5.44
O 02.53 V4.fI9 4,70
0.00 Dwelling Units I Acre
R-2 R-4 R-8 R-15
Figure 2: ACHD Summary Metrics
Level of Service Planning Thresholds
1. Condition of Area Roadways
Traffic Count is based on Vehicles per hour(VPH)
Roadway Frontage Functional PIN Peak Hour PIVI 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" (720 PH).
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(MERIDIAN LUXE—H-2025-0035) -8-
Figure 3: Service Impact Summary
ToolsService Impact
Ready a O O O O O O O O O
Marginal
Caution O
Q`�y� �•� ��Q Qa�r `� Comma oo\ o\O �•�
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
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
L
cal 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 I1-1):
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 11-213-3 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 facility/building 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 I1-3A-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 I1-3B):
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 conceptplan shows
the required landscape buffer along W. McMillan Road meeting this requirement. The
landscaping will be evaluated with the certificate of zoning 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 11-313-
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 offive (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(S)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 (S)years ofplanting 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
I. 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.
ACED 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
11-3A-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
1. Waterways (Comp Plan, UDC I1-3A-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-1 S):
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
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 - 0), 4�-- t bo,.m with a ba ffief
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) feet multi use pathway te eliminate the meander and make it
- 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
kWastevtate•
a DrAance to aevner Av kb I,at Sk,
servkers
+ 5ewer5hed
fitlrt11t1ed smaipplkadan
Sewn ERUIS
+ 411ARFCiioKlinina
v#ar1pw
+ Prajett Comahurte res
wtrh WW 1"trs
Ftw[Fadifty Klan
• Impactvc[m€e'na
+ UAUKe to Waty 1P4'attrr kvailabM at Sol*
Servkes
• prasswN-2twrwe
+ ESI.la med P-90KI Sec appkxriam
water ERu's
+ 41r0j"OtAttlaw Nan*
+ Praj&d Cam iste• t Yes
wi1h W"r Ma m--r
p1w
• cmkim rtS Nane-
N'01-PLAT CON INTIONS
F'r Iat.IC 1i"n"r.Vr.pAwT%w-%T
',ile SpetAr Camd6iaooa its_Apryry Al
I Am wiells that will n<n 4:L ittiaue ms he a-wd mtm be ltrnped?a<handntied awcmlvi T^)
wOw W 01[-+min lrtrctim%1ww mh"Wors m n1ir 09roA M tk Who Vk jmrinwm1 nF
Watetr Re uxrLwe I;I'DIAt RF rltd NvelrWr.0w+lrer,(w pr,--ject Fn*itlmr.AalI prt)%ide a
tlatmtrit rhdirk^15tng ulroohe+Ihenr um any esitammLa wells on dw dekeltaprnrnl.said it ss�
hcu Ihtry wilt ttxmeetie w he ugod.e,t jwtlkiJe ir<ac-wd r+F itweir alwndommenl if uellk are Iit
ba rtband~d.the pruj ek-1 u+a M is Ihe+r rrnWV-<ntatiA r musl t-ulrtt O the IWA R
GrnUttlwster I"rrrtctiliLM SMIUM('%mmn 1kimmul,Il.%-drtsticula+jjist
9LI'CIII.0 any work 1s dtmt to decummissitm i n inisrang u el l(Cr to if it is btAirvrd that
dte wvIl is 1cm tlutn I K 1`1 Jer:pj.110LIf CIF t:tartltiUIMM3knt w tth tl)M It lriust I*WbnliticJ
to dwC"itlwv pier ie any work- being dcme 14:&etnc mission the well.failure to
cdrrifl uyl iCLIC WL111 ItiWP MAY rC+ lI en uJt6trrrrnal wkvk Hood capeti yr 10 LILLOMMILNUINI
flte well.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(MERIDIAN LUXE—H-2025-0035) -20-
a, Ennft hil p0nwawle14L uruwturt.wlaax+.Ndflatw:I,Laildwng4.ctrplwaty.uvqh ft-%:eplxle oallw.k-Ac%.
Girl]L aabua uvwbLS;'fight prwlcs,ctc.w ane b„rla,wl&a tie Ublht CJ_ FjL i pphzjnl v N611
w-qpaewrilde to waeel all laaral tcapne rq uiTenimi+nlwd sbs«IJ Ca+atbmw+Lah lkria plawnr.Y ifihm
are my qw-Aiom Scwar and umVr to nnFrkf Ln pornlld regurg Mn Wft eaWmmw 'gags gw wd
be mw Irv.AM lath item rdyr eF enxnnrn[
- Inw%rnwg he 90*gr Aq 5,rww mnam or Gnnne4WL1 al LhV mBl6*,
d, SolAvi irtd wnict rtamwlnK is parallel wrquirr rain Witrisctwnr IwAcw ihtwdd Ili nL+ku Lbm lawn
fwom cdgc of ca*mml
5. Ntrtaaa raacsl be Ilxaded wah in landbeapm areas n,Jastw of rbr bu ldlep
k Shtbat the 5%1wllaast conrerofahc s41c Will beM%IlTad In h RL'tw&twed ifwt,Va.
7. €ufttci'gwj raw cry elww onwt atmb-h0wc+rew,nu odshi me alhwwed In ca3 ffia Ls wrw fobeit-6dic
rnLm spun die mLirc coemem.lime n nPac iUrt*([Ni on dic flans.Udilnanatly.The Fence
itiamid aier win parallel with rlwc waact sunice ad be wiLlua the C00scuL The scn ice shook!be
a Iasi IV FMmn dalkl Fcrle.t
A. C 1%mum have alb-ahaLis,us upm gale aL all Lease.Pwuvwdc nr]La.s 16M hnn dire CILy n us have
ar.-Ve%LIP dwa Val Iry Plan.
Y. Wawa la he On Lite C:IEA�k elf wwxr
t o iKR"v�1cw•er'c"i""pr"Illit ruh anlilrtalico irMhc'%
11, PT,y114e 2(r'Ea+cmllwt,Lz fan raamc.Fty*anL laleralx and 9Y2ler1wnTr'r.ENW0twlawha4d mnd
Up wrw ilwe etal cd wrrrlal hydaanl,%Lmon^ewiLi anti 10 bcscrnd,L
GEmend CwAIt"dts n[#ppre W
I ApplicaIt dlall, an6anw watir wad amvx n a %iu and wutima.wiihilse Pul-Aw WorksDewrilcot
2. Per 361enthur(wly(.-cde IIkk'(.I the apphml ihall be rewpwwW La.wsL k waeeand wiser
fll uii Irt argil Ihnwalrb ihi+rk-wliTmiml A rVliraml traxx Ix chIoNe Fi#a rrrrn ka 7mcoc
ngrmon6w bat mlrusirurttuc 4nlLplc€'mcn1 per WC
]. Tlwe appiltant andll panridc casrmvrowl fix all pabllc tiAa4mmewxr ma s aautlidr of puilir nol OF
wrLy(i Mode 4I1 wmersent+-rsand Iwzdmrvs), Skiy rmo-Arrc mcm vanes dbprendinl;cm wwew
d9pth Scwcr m.'P R dmp argoirr a MI R sa�rtrlcat a6, �N a 40 Fi rawimcm,mil:s•?n 11 a 0 R
easement, Ensure no pumanew sw[suns t ts.lmsixr.krildmg-R.Qrpnwes.sraLsh recepracle
srtdl;,Fetwe>o,IslilL,arion b'"Cl 3.Ilglu poles,rw;. mw bmlt wlthm Lhc nulaty raI!Ihrsd. `s`ahmm
m ctceulcd caxrnm icm the foam a+ailabl•e fTm Rublirs Wadsk..a lc@ail dcsenptittn PR-Pwed by
an Who Lwcelrk-d 1hofuLkwnal Lmd Sun cpur,,a high 1AMLL inclwnk ew alra ur dtc cara£Istrwt.L
ivnisALd EX HIMT#-I and an XI-2-S I I"swap�ieh bearing and diswadccs I marked EXHIBIT Bk
Cu[riti-Lew lludh e;xlrbiLf swII L to as.ale,l,Yl,t1LNa and"LL1 by n PrD"- ia"L�d'.aoav eyuw.W
NOT RECMD
d. 11we Cay of khan fLLImAc►LLd tucssws,d�E&Lwn s,ciw n he supplaerl 6 ayeam-rowed
adjurer of wart WDC I I-)B-M The appheant 4N)Md be ceyuiwd rdv u*e 9liwy c"litIF wncce of
,veld w�aiL4�,r RT�nay Tanr,x,s, If a: e raw a•cti s+xuaee Iy Isnl exrailaile,w ungla`^�l
entwwretia.w ktihr eehiriiw%tat?wyvtara rlsall be recImPed kFtl wapla p€T rat ealt�r Liea*w iw.niberd.
elrr dcve_ILep�;r vrsll hw reapa,ws�ble>far Irin pagmravr ofasxs'•Tn4ms far Lie[,�Iwrwwt areas wn
prwvt in wrseeaaing dLiclopnv*ni plan appttnal
5. .Ans srra�aux5 ihnL am alkst a w mmatn shall be slw ,ta wo c+-Aunbm and possible weass�mmem
of i adlr>L•monj:as bc,n rnlnptlarce vx11h Mi"(.
be AI I tnepatwan disclics-cmLals.huvaK or drains_ew.lumve of rlaLwanl%aver&ays.arncmcling.
cro%nnp aw In'vmg wjt, eenw said r;Sntigw la,w an dw arrra being+Iubdi;wl;l 0-Al It iddlrc+cd wr
UDC I t 44+. In pertarmang such v ork.the applicant shaill wapl•c a ILh Idaho-tide 42-12107
and nmy Asher xMI ii;*Ic Ly&•m wuswialion
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(MERIDIAN LUXE—H-2025-0035) -21 -
7 lkn *ells that.H1 IWA LtAtIftc W Irc utv-J Ltl tr+9 Ile tw"-k. I. I do r&4 to Idaho Drell
tonarrua,rM Sund&s I1LOe %Sirll aMb Vil wiv me l�L'J a irrr k42Lwme,x. 111c
I?e,ck)M'M frtppuv a+fall pre*M,Jc arlalrarer,t*I,l I trrrc We my cmaidlK nellt is
the rlowInprm aL ;rnda#'ro.Nfa th.-.raqlla r1ZLL!l. _•_d n,#'hair
ahfLndLminraL
S. A0y c%1b1mK%quiq wqpm w•rr6rn,tk€n pr%cul 441 be rumvvpd fvo girni 4 prr f atn•{7r4mance
!Serttarl+y-I--i aml u i x t'anl�L C`crlaal fh,enet]leahlt lrrr nbas,Jrtamr+nL aahrr�arrd
gnspccdamr3friil3?
4- ALI imprto etmcsra ls1aLCA tL+puMrc ilfe,rt[rty attA h tfi nYr li Gt cste plaord pmtr i 1 artaLtpan
orthe SIFu itrrm.
Ili.AprAtcanl", 1;bc n3Llut t d as prsv NbIle 1&'wlsA[a.rLlpL�crLt lIM ieu,andctutirarwer,rr
rnLpsclit n WL se&urmirlyd dtlrinp the plat[Tc irw ptx-ms,1w�%w 1a the immKv pf a p ar
:y,pra.:J kaLer.
14 IL,MIL lie[fie fTLpliat41I,111ly a}f Ilte aprpilrarl Gt erL®LaY Thal all dcselLtisaieaL k atwea c4satplp'w 1�
Lh+Ame cwm w rrle LferphrlLnci.act.and Uk Fa,;r Hat j u.Act.
12 Aplrlkanr OWI bu Istpr3n.ibk W npplicrvtion wtd caraplimce will)any Sixt ion a'14 14riniuing
Lhal wy tte TM qu=A by Lhe Amy(arpm,af EnaweaI
11 I)Ws�WM,hnJI car,Ifthnmc lv ANIX 4,uarrany wish the MVMJlaw MIA Off-cc
14.IL(wgxwtitjn I,%I rvg&n;Kh;il I be NuhommA to dw Mend=Building IATm1mcra1!:x all building
puJn melr•ina cmpl,Itce�d Rnckkll,.Ireac khaiir,�w�rdJ tMr nlc«t+li lr estltL�,al.
I'; The Ilkxip erlp'Iacrr shall Ise rtquaW tri wnify that dsc"l wl rmicrlrrre tlr ll9rrrc arrc scr a
attimunutn of 9-fecl att,vr the Itidh.rl rnLnHl,ItrA p;•.aM Klasle.xter rte+nL.an 11r,a n t�+t�L,urr
this the lnarrotn elet attnrlf Ihsw1 syta=c�of ILnm iK ar Ir nq 1•fn 1 nL*s?M'c
If, the IplaLa.WLr dealpai'ligfIrte04MhLII1ttif.3Pkn„bllr f rI11:i lanula1I irn.val"LIMAnr
drarnatte fxilisy tyid+im lhas ptalfgecl tlral�-net fall u�lsrtlsc ilad�dirdon rdarl irriga;inn di�ric°t
ur ACHI). I•hc daSLeg t 1if-hn L sh»11 pfc k r;Ia arFlLYis Itin ldt L Ac Cdtttives huic boar InsnalleJ on
sc 4atm c w idl the ap,prp%cd desi,fn pI r lil-r;cenificatk)o will hs.equind berpre a crni ficmc
of UL.cup,mPCp Li aa^aLlOd 69 JMV iitA,cl aLh w rtlun Lhc pruicc[.
P..At the%4mi Ic-nom t i!`A%1sDi6a.iltr app1,„tilt shall Ire refyt7lilat,le W vabrigh Woord dranyaalp Kw
the C Lty uY't�r3wl�aa.,4uLd AIJ srrrna�udJx. Ilaairr rcaMnd IJ�w'irgi tlLffi we rccna s'd aoJ s�ur�
prG«a u}Ll+e ie•uanrtc�sf n ieni licaticrrt of t�Lcapwttcv'#air I �IrItLrLrrc►Yrilhirr dsc pn?rsx l
IS A*atrial lauhl plm wad nuad La be rrkdLKl A m Lbe L:rsaY Qrmsirpo un*Ws-Smcl..bKhj plm
dvglu ivmmis atc Ii rc d in MCG INrt NA of Lwr lrambvratcm htaidwdm fist +el LsyliONS A"qK
n#LhLc sLpxWd5 cam be rpw,cl at'�I ll'_n•w w rl.crrrJta>Ki L qwmblk,<•mr$s.aa oM'ad-rt;.
I W 11tr C rtp d M1.ndiaal requrnrr thrtl the cruller pant Lw lhie C'my a pia fixmawc rurrt'y in dic O Wnlnit
of s°'a at'Lhc tolal L=4 do caw Liar;d l anrnrnpk*%rww,wMar aW rrM"Iar4zdlick=
pnar to final"sigaaturr Ihn Surrm wltl be Mcri fird by a I iarc Here Leta,ciriome pwvoi d R}
the cmmvr ut Lbe€AN Tile Suer o can be pasted in ihr fo ru of aA irrrt-4weblc Imcr of€rrcdil-caslll
de"11 of btmd A"ewtt MUM the M aWI-0bum tar suety.%hichc nbe fmLrad oo the
CoTnnitlrtlry fk%vIaj rltcm 171cpwimM wcWlc Plcztw comact Lead Vcyelopmcm Scn-ice 6nr
ffwdr w(bit lrtmm st"7- 1111
20•Tltc City of Mlmdian regwes twat the QWWT pw tea the C°riy a a aLrmly wFuLly in rltc an ouni of
Tljr"wof i.k toWcomArLKLtam evis fcrraJI mnpleted iewrt.w tarattJ iA:Uir initaui[MrcluLe fa,r
durnlion arfiww etas This mnry*ill Ere srri N d liv a Iirw icelat COST cstirnale 1LnrL i#kJ by the
ew,nar In 1hL Vdy.Vie urdv cm he pogmd in Lhe I ww al m inc4,Oc ilc Li ler of LmLihl,c.3�h
deptrlaowbtmd Appkam ntuu file m alppoiealdrn for aui.ry. b,r k+Iad 4lrt Lhe
('4mimuni y Lkn%!I ;mall Llepatmexit w•chailc PI CY l'IL'L L mid L)v%dDl,rncnL Scm io:Carr
rmgmr InfLa*.nnlirnr al 101-:111
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(MERIDIAN LUXE—H-2025-0035) -22-
C. Ada County Highway District(ACHD)
Miranda odd.Gt ,t
Alexis Plcke rpe ComrxesKw Ew
ACfIDKent Ga�7tFrnrDe,C�'rrrnlerr
Dare McKlnriey,',CQmmftsswer
®. Patricia NIrGFd'I,Comrnisoar-ar
PropoSed r -
Meets
All ACHD Policies
-
Pequires •-
Policies r
Area RoadWay LeVel Of
Service required
Do area roadways
■
Thresholds-?
Yes
00
LOS Planning - ■t itthe future with ■
T
�I`4r-udFe-HIRV.
t
Yes
•
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 S 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 X.
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 16r'',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,Ryan Shipp,
Case Doom, Tami Hindraker,Eric Hindraker, Tiffany Abernathy, Serge Martinez,
C. Commenting:None
d. Written testimony: Laurel Bower,Aura Cortes,and Scott Meeks
e. Staff presenting application:Nick Napoli
f Other Staff commenting on application: Caleb Hood
2. Key issue(s)of public testimony
a. Concern regarding traffic,noise,transition to the residential,hours of operation,LoLo
Pass being extended creating cut through traffic,and height of the proposed building
The neighbors were primarily concerned with traffic impacts to the neighborhood and
impacts on safety. They are against the rezoningas they 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. Outstandingi ssue(s)for City Council:
a. Whether the access point in alignment 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.
1. Summanv 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 narking for the
types of businesses that could occupy the tenant spaces: Prefer having an office nark
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 oil
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 develo ment. 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*f tIF44) feet bet-:- .
<,�that allows trees to touch within five(5)years of planting in the landscape
buffer adjacent to the existing residential.
Eliminate Condition 2.5: n eN ise the to ( m feet m„'+. tise 3 h,N the
meander-and make it str-aieht i3er-AC14D's eonditions of aim oval.
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
Project Location
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FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(MERIDIAN LUXE—H-2025-0035) -29-
2. Zoning Map
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FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(MERIDIAN LUXE—H-2025-0035) -30-
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FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(MERIDIAN LUXE—H-2025-0035) -32-
B. Subject Site Photos
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FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(MERIDIAN LUXE-H-2025-0035) -33-
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FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(MERIDIAN LUXE-H-2025-0035) -34-
C. Service Accessibility Report
PARCEL S042643 550 SERVICE ACCESSIBILITY
overall Score: 37 81st (percentile
Location In City L rnit
Extension Sewer Trunkshed mains < 506 ft.from parcel
Floodplain Either not within the 100 yr floodplain or > 2 acres
Emergency Services Fire Response time < 5 min,
Emergency Services Police Meets response time goals most of the time
Pathways Within 114 mile of current pathways
Transit Not within 1/4 of current or future transit route
Arterial Road Buildout Status Ultimate configuration(4 of lanes in master streets
plan) matches existing (4 of lanes)
School Walking Proximity Within 112 mile walking
Either High School or College within 2 miles OR a
School Drivability Middle or Elementary School within 1 mile driving
(existing or future)
Eithera Regional Park within 1 mile-OR a Community
Park Walkability Park within 1/2 mile OR a Neighborhood Park within
114 mile walking
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(MERIDIAN LUXE—H-2025-0035) -35-
D. Site Plan(date: 9/15/2025)
LEGEM
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FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(MERIDIAN LUXE—H-2025-0035) -36-
E. Landscape Plan (date: 11/25/2025)
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FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(MERIDIAN LUXE-H-2025-0035) -37-
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FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(MERIDIAN LUXE-H-2025-0035) -38-
F. Building Elevations(date: I
•
FINDINGS
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Flex Spaces-View from Parking dot
Flex Spaces-View from McMillan Road
OF • • OF • ORDER
FOR 1 11 -39-
Ak
Storage Building -View from McMillan Road
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(MERIDIAN LUXE-H-2025-0035) -40-
'Row 'A A
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Flax 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&IRRENIpA TRUST
PARCEL-A"REZONE
A 4e2feel OTUM.for the purposes of razaning,4ocahsc!in the&W14 of"SE114¢I SmFoon
213.Tovh-ml q 4 Noah;,FLmge 1 West,Boise blsnc�an.CAV of Afeeadien,Ada County.Waho
and hang F—LOTI Cir1EaCfltded ar rallams'.
BASIS-OF REARING
irre Soutri.one of On!SEW*t sW Sea im 26.dnu Aed'kom kemd mono fmWa and taken
a5 f4l'M ff'2$'35'L+L4aO with Me&.,da-rr a e7eNLA &r mooL7 eats forvid red' the 2625 50 k-V
BEGINNING at a brass Ga1R mawrnene,markrig the Suullrwesl cofw oTsaid SE'I14;
i:hence,NWh 00'30 f T-EaA a diMn4*yr-m(:+7 r—In 3 5MAnth rebsm riw1king me
Southeast aomsr of FulSer Sllbdiv*Km No.3 jML r or*d in ft eyfir ar words 01 Ards
cz.nty v1 Fiat smk W a1 rage 1 ON&
Thence,coruinwfrg NartR U0'3q 1 1°East a dlslanrae i1!3iP.[i0 Feat alnng hrrt Fa.r tires pi
a�2ci rulrer Su4dral�+Xl Na.:i Tn a:�8-1nc�i r�absr rnanva,f the Souttrwrasi carr+�ar=alter
Subdivition too 4 as recwded in the olf+clel regards of Ada County in Plat Book 92 al Paim
10985;
Thence,leaving sad East lire orb*ivk*rg eie boundary of said Fullw Srdhdlwsron Na.4 the
fedowing 3 c*urses,truth 69 77''14'Emit a disudxe or 25S 95 Wit;
T Woe.J kMh 80°37+46'Eag a dis- rim iyf 43$44 FMA 4o a 51&indi rct1w
Thence,south GGd 3Z W WOW a cl*mnce of 215.81 144t tv a 1Q-inrh r4pbv
Theme,teavvig&W FullerSubdmacri No 4 leundary aofd corrtiriimg.South 00'32'14-
%Mimt a d4tarxe of 1170 68feellin a&B-nch rebiv ors the North nght-�of-wa+y brie of I
McMillan R'1
Theme,corrbri -SmAh 00'32'14"Wa&r 3 dls+.sn€e or moo reet too.®point corneidefli
with said South lino of the SE114&W IN.-crnterlinfs ar sold W.MiWillan
ThBxe,along sand coinudersl lino.North 89"26'35"'4Vc31 a dislance at 700.50 fee.to[tie
PONT OF BEGINNING.
Said Pam"containing 260.0M squa*e feel cr 5 N acres,rrw@ o+049;..aild i1c.sulrga,.ci:10 311
"mtxrg resesnants and?m rights-of-ways of record or irrored
END aF DESCRIPT13f4 LAALD
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FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(MERIDIAN LUXE—H-2025-0035) -42-
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FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(MERIDIAN LUXE—H-2025-0035) —43—