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Citidel II Self Storage RZ 14-004ADA COUNTY RECORDER Christopher D. Rich 2014-092383 BOISE IDAHO Pgs=46 BONNIE 11/13/2014 11:49 AM MERIDIAN CITY NO FEE IIIIIi111 III IIIIIIIIIII1III I I IIII II III II III I II III 00039790201400923830460467 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. C4 Land, LLC, Owner/Developer THIS DEVEL PMEN1T AGREEMENT (this Agreement), is made and entered into this ( � M day of oQf--\ c , 2014, 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 and C4 Land, LLC, whose address is 1627 S. Orchard Street, Suite #24, Boise, Idaho 83705, hereinafter called OWNER/DEVELOPER. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for annexation and zoning of 5.44 acres described in Exhibit "A", requesting a designation of C -C (Community Business) zoning districts under the UDC, 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 public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT — CITADEL II SELF STORAGE FACILITY (RZ 14-004) PAGE 1 OF 8 05P 1.6 WHEREAS, the record of the proceedings for the requested annexation and zoning designation of the subject Property held before the Planning & Zoning Commission, and subsequently 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 51h day of August, 2014, 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, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on annexation and zoning designation; and 1.9 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 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement 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 designation are in accordance with the amended Comprehensive Plan of the City of Meridian on April 19, 2011, Resolution No. 11-784, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. DEVELOPMENT AGREEMENT- CITADEL IT SELF STORAGE FACILITY (RZ 14-004) PAGE 2 OF 8 3.2 OWNER/DEVELOPER: means and refers C4 Land, LLC, whose address is 1627 S. Orchard Street, Suite #24, Boise, Idaho 83705, the party that is developing said Property and shall include any subsequent owner/developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit "A" describing the parcels to be zoned Community Business District (C -C) and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 5.1.1 Future development of the site shall be consistent with the design standards in UDC 11-3A-19 and the guidelines in the Meridian Design Manual. 5.1.2 The use of this property shall be restricted to the self-service storage facility approved by CUP -14-007, unless modified by City Council at a public hearing. 5.1.3 Future development of this site is no longer subject to recorded DA instrument # 102143307 and CUP -02-005. 5.1.4 Future development of the site shall comply with the ordinances in effect at the time of development. 6. COMPLIANCE PERIOD This Agreement must be fully executed within two (2) years after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. DEVELOPMENT AGREEMENT - CITADEL II SELF STORAGE FACILITY (RZ 14-004) PAGE 3 OF 8 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 7.2, Owner/Developer shall be deemed to have consented to modification of this Agreement and de -annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code § § 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 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. 7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the DEVELOPMENT AGREEMENT - CITADEL II SELF STORAGE FACILITY (RZ 14-004) PAGE 4 OF 8 A third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by the City Council.. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY _ OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner/Developer agrees to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 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: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 OWNER/DEVELOPER: C4 Land, LLC 1697 S. Orchard Street, Suite #24 Boise, Idaho 83705 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent DEVELOPMENT AGREEMENT - CITADEL II SELF STORAGE FACILITY (RZ 14-004) PAGE 5 OF 8 jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had 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 reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re -zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. DEVELOPMENT AGREEMENT - CITADEL II SELF STORAGE FACILITY (RZ 14-004) PAGE 6 OF 8 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: C4 Land, LLC A TEST: (� ity of Jayce6 t Holman, City Clerk IDAN 0 ST..A.L y ye DEVELOPMENT AGREEMENT — CITADEL II SELF STORAGE FACILITY (RZ 14-004) PAGE 7 OF 8 STATE OF IDAHO ) ss: County of Ada, On this 6 day of l 10yey&,Lhe-1 , 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared —) 'VX COAQ ex , known or identified to me to be the `M ember of C4 Land, LLC, and acknowledged to me that he executed the same on behalf of said Limited Liability Company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate ��teeggve written. & -0 Jos O • • (SEAL) %OTAle Y • • • 1'UBL •O. STATE OF IDAHO ) L'," J.� Notary Public for Idaho Residing at: 30 ISG , 7 My Commission Expires: 5 ss County of Ada ) On this day of _W0K 2014, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. Holman, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL] �►� �� Notary Public r Idaho Residing at: IC Commission expires: •�• I1DAH4 •.'• ••..•.. DEVELOPMENT AGREEMENT - CITADEL II SELF STORAGE FACILITY (RZ 14-004) PAGE 8 OF 8 C. Legal Description and Exhibit Map s, Ptax-tP 'Ci14 Cstad412 Prez e POP**` C31 �r1 F�I§� i at is tinad InatOWtf� �¢triel t�f�eet oti ? 1=. Ilrne?ort11,'t)2"last, coin(zdezrt`Vitit saict'eiiterlirie of iiic lZdettl7aiih Cabal,6,t 611 lhezic.iaun st�c lent eliti� of t}ie itletaizh C' uiaE, s�tFt 35"57;'14" wast; 5 06 Ott P2i20t3413163 Cfi�9G CiTAD i 2tL�r k inc Nii7 set�pitgf stl3fl �$•c DEL:2 REZO t1f INDRY.do6k <C (# Citadel It Self Storage Facility — RZ-14-004, CUP -14-007 & ALT -14-006 PAGE 22 ` og9ther tivztlz atzd ui�,�ed (a!eo -- -,- s,_e- -* —ifs attd zcalt- °s iza�ts o :reeol'a PA?-01V8106-GMGGtTAD8LN)r*p-,vin9A es0ptIQn,,Nf aOIB-Crl ADEL 2.REZONE BNORYAbox, ry r;3 12 Citadel H Self Storage Facility— RZ-14-004, CUP -14-007 & ALT -14-006 PAGE 23 R t T, Citadel H Self Storage Facility —RZ-14-004, CUP -14-007 &ALT -14-006 PAGE 24 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW C.. AND DECISION & ORDER In the Matter of the Request for Rezone of 5.44 Acres to the C -C Zoning District, Conditional Use Permit for a Self-service Storage Facility AND Alternative Compliance to deviate from the Parlung Standards set forth in UDC 11 -3C -6B, for the Property Located on the East side of S. Eagle Road; North of E. Easy Jet Drive, by C4 Land, LLC. Case No(s). RZ-14-004; CUP -14-007 and ALT -14-006 For the City Council Hearing Date of: July 22, 2014 (Findings on August 5, 2014) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 22, 2014, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 22, 2014, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 22, 2014, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 22, 2014, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-14-004, CUP -14-007 and ALT -14-006 -1- 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 Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of July 22, 2014, 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 rezone, conditional use permit and alternative compliance is hereby approved per the conditions of approval in the attached Staff Report for the hearing date of July 22, 2014, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Two (2) Year Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of two (2) years unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be signed by the City Engineer within this two (2) year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -5B -6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 11(UDC 11 -513-617). Notice of Two (2) Year Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation and/or rezone (UDC 11 -5B -3D). 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 two (2) year approval period (UDC 11-513-317). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-14-004, CUP-] 4-007 and ALT -14-006 -2- final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of July 22, 2014 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-14-004, CUP -14-007 and ALT -14-006 -3- By action of the City Council at its regular meeting held on the 2014. COUNCIL PRESIDENT CHARLIE ROUNTREE COUNCIL VICE PRESIDENT REITH BIRD COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER JOE BORTON COUNCIL MEMBER LUKE CAVENER 4�1• day of 1 v %k , VOTED a,, e_ VOTED o, e. VOTED" e. VOTED��� VOTED__q�(_L COUNCIL MEMBER GENESIS MILAM VOTED—M e MAYOR TAMMY de WEERD VOTED (TIE BREAKER) o44oAp�BnauGUsrJ Mayor m y de Weerd Attest: n ,i City of IDAHO ILA. p E Copy served upon Applicant, The Planning Deparhnent, Public Works Depailment and City Attorney. By: Dated:(��C Ci le c' CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-14-004, CUP -14-007 and ALT -14006 -4- EXHIBIT A STAFF REPORT Hearing Date: July 22, 2014 TO: Mayor and City CouncilC::�W, „ FROM: Bill Parsons, Associate City Planner (208)884-5533 SUBJECT: RZ-14-004, CUP -14-007 and ALT -14-006 — Citadel I1 Self-service Storage Facility 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Citadel Storage, LLC has applied for rezone (RZ), conditional use permit (CUP) approval and alternative compliance (ALT) to develop a self-service storage facility consisting of twelve (12) storage buildings and one office building on approximately 4.8 acres in a proposed C -C zoning district. 2. SUMMARY RECOMMENDATION Staff recommends approval of the proposed applications with the conditions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning and Zoning Commission heard these items on June 19, 2014. At the public hearing, the Commission voted to recommend approval of the subject RZ and CUP requests. a. Summary of Commission Public Hearing: L In favor: Jim Conger ii. In opposition: None iii. Commenting: Jake Centers, Mike Darr and Ed Williams iv. Written testimony: Jim Conger v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: Justin Lucas b. Key Issues) of Discussion by Commission: i. The design of the proposed development. ii. The 10 -foot setback adjacent to the single family residences along the east boundary. iii. Facilitating a safe pedestrian crossing at Eagle Road. iv. Grading of the site and the elevation difference between the proposed development and the adjacent residences to the east. v. Coordination with the Sutherland Farms HOA on the relocation of the existing fence in the northeast corner of the development. vi. Access and maintenance to the 10 -foot wide buffer area along the east boundary. c. Key Commission Changes) to Staff Recommendation: L Commission struck condition 1.2.2, bullet #4. fl. Commission struck condition 1.2.19. iii. Commission modified condition 1.2.5b striking the requirement to add the accent band to the west facade. iv. Commission modified condition 1.2.5c striking the requirement for a solid access gate for the main entrance into the complex. d. Outstanding Issue(s) for City Council: L The 10 -foot setback along the east boundary. Based on public testimony, the Commission recommends a 15 -foot setback. Citadel 11 Self Storage Facility — RL -14-004, CUP -14-007 & ALT -14-006 PAGE EXHIBIT A ii. The applicant is reauestini~ a Council waiver to allow the main access to the 3. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers RZ-14- 004 and CUP -14-007 as presented in staff report for the hearing date of July 22, 2014 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to recommend denial of File Numbers RZ-14-004 and CUP -14-007 as presented in staff report for the hearing date of July 22, 2014 for the following reasons: (You should state specific reason(s) for denial,) Continuance I move to continue File Numbers RZ-14-004 and CUP -14-007 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: (Parcel #51121325785) The site is located on the east side of S. Eagle Road, north of E. Easy Jet Drive in the SW 1/4 of Section 21, Township 3N., Range IE. b. Owner/Applicant: C4 Land, LLC 1627 S. Orchard Sheet, Suite #24 Boise, ID 83705 Citadel 11 Self Storage Facility— RZ-14-004, CUP -14-007 & ALT -14-006 PAGE 2 development from S. Eagle Road. ACHD staff has approved the proposed access to The Meridian Eagle Road. City Council heard these items nn July 22.2014. At the public hearing- the ouncil approved the subject RZ and C1 request a. Summary of City Council Public Hearing: L In favor& Jim Conner 1L In opposition: None iii. Commenting: Jake Centers and Lori .Tones jy, Written testimony: Jim Comer y, Staff presenting application: Bill Parsons A Other staff commenting on application: None bL Kev Issues of Discussion by Cnuncil: h The 10 -font wide landscape buffer on the east boundary. ll,. The design of the proposed facility regarding the metal siding as the primary bujldjn material, the new office elevation and the block parapets adjacent to Eagle Road. Key Council Changes to Staff/Commission Recommendation The Council modified condition 1.2.5b eliminating the requirement for the two f21 50 - foot wide parapets. The applicant is reauired to submit an alternative compliant allplicatioll concurrent with the certificate of zoning compliance anplicatinn to hermit iL the 5 -font wide parapets on the west facade A new cnnditinn reaujres the office building to he constructed as shnwn in Exhibit A. iii,. Condition 1.2.3. bullet #3 was updated to reflect the Council's approval of the 10 -foot wide landscape buffer on the east boundary. iyt Condition 1.2.2. bullet #3 was updated to reflect the Council's ap- mval of the access to S. Eagle Road, 3. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers RZ-14- 004 and CUP -14-007 as presented in staff report for the hearing date of July 22, 2014 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to recommend denial of File Numbers RZ-14-004 and CUP -14-007 as presented in staff report for the hearing date of July 22, 2014 for the following reasons: (You should state specific reason(s) for denial,) Continuance I move to continue File Numbers RZ-14-004 and CUP -14-007 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: (Parcel #51121325785) The site is located on the east side of S. Eagle Road, north of E. Easy Jet Drive in the SW 1/4 of Section 21, Township 3N., Range IE. b. Owner/Applicant: C4 Land, LLC 1627 S. Orchard Sheet, Suite #24 Boise, ID 83705 Citadel 11 Self Storage Facility— RZ-14-004, CUP -14-007 & ALT -14-006 PAGE 2 EXHIBIT A c. Representative: Jim Conger, Conger Management Group (336-5355) d. Applicant's Request: Please see applicant's narrative for this information. 5. PROCESS FACTS a. The subject application is for a rezone and a conditional use permit. A public hearing is required before the Planning and Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5, b. Newspaper notifications published on: June 2, and 16, 2014 (Commission); June 30, and July 14, 2014 (Council) c. Radius notices mailed to properties within 300 feet on: May 22, 2014 (Commission); Jure 26, 2014 (Council) d. Applicant posted notice on site by: June 9, 2014 (Commission); July 11, 2014 (Council) 6. LAND USE a. Existing Land Use(s): The subject site is vacant land; zoned R-4. b. Description of Character of Surrounding Area and Adjacent Land Uses and Zoning: 1. North: Ridenbaugh Canal and Silverstone Business Park, zoned C -G 2. East: Sutherland Farms Subdivision, zoned R-8 3. South: Office Park, zoned L -O 4. West: Eagle Road, Thousand Springs Subdivision and Fire Station, zoned R-4 and L -O c. History of Previous Actions: In 2002, the property was approved as part of a larger planned unit development (AZ -02-004 and CUP -02-005) consisting of single family, office, townhomes and multi -family for the Sutherland Farms Subdivision. Specifically, the property proposed for development was approved through a use exception to allow either an office development or a multi -family development in the R-4 zoning district. A development agreement was required with the annexation of the property and recorded as instrument #102143307. d. Utilities: 1, Public Works: Location of sewer: A sewer main intended to provide service to this parcel currently exists in the Southerland Farms development to the east. Location of water: A water main intended to provide service to this parcel currently exists in S. Eagle road. Issues or concerns: None e. Physical Features: 1, Canals/Ditches Irrigation: The Ridenbaugh Canal transverses the north boundary of the project. 2, Hazards: Staff is not aware of any hazards that exist on the property. 3. Flood Plain: NA 4. Topography: NA 7. COMPREHENSIVE PLAN POLICIES AND GOALS Citadel 11 Self Storage Facility— RZ-14-004, CUP -14-007 & ALT -14-006 PAGE EXHIBIT A The subject property is designated Mixed Use Community (MU -C) on the Comprehensive Plan Future Land Use Map, The requested C -C zoning district is an appropriate zone for the Mixed- use Community designation of the property. The Comprehensive Plan envisions a mixed-use development to have at least three (3) different land uses. With this project, the applicant is proposing a single use for the property; however a mix of uses (residential, commercial and public/quasi-public) has developed in the area that supports the single use for this property. To the east are developed patio homes, to the north are two (2) large scale business parks, to the south is an office park and to the west is more single family residential and a fire station. The mixed use designation also encourages compatibility and connectivity between all of the uses. Similar design characteristics are encouraged so new development blends in with the character and appearance of the surrounding developments, Further, the mixed use standards encourage a transitional use between the commercial and existing residential uses. Staff believes the proposed storage facility is an ideal transitional use to buffer the patio homes from S. Eagle Road because of the low intensity of the use and the lower traffic volumes, However, staff is of the opinion the design of the facility should be more integrated with the surrounding developments to ensure the property develops in a fashion consistent with the comprehensive plan. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics)'. • Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc,) (Chapter 3, pg, 54). The subject property abuts & T.agle _Road The UDC requires a tnininnan 25, flat landscape buffer adjacent to this roadra1ay. The buffer must be landscaped in accord tivith UDC 11-3B. • Plan for a variety of commercial and retail opportunities within the Impact Area (Chapter 3, pg. 51). This area of lbleridian is lacking a sed=seri4ce storage facility to serve the rrrultiple single fancily and multi family developments in the area. • Protect existing residential properties from incompatible land use development on adjacent parcels (Chapter 3, pg. 53) A 6 fbot vinyl fence exists along the east and south boundary of the proposed development which was installed ivith the residential subdivision and the office park, The UDC requires a 25 foot wide landscape buffer betra}een C -C zoned property and residential ares. The applicant is seeking a Council waiver to reduce the buffer rvidth fivm 25 feet to 10 feet in accord tivith the UDC. The applicant contends a 10-1oot wide landscape baker provides enough separation between the storage facility and the existing homes given the operational characteristics associated with this tvpe of use. The applicant has also provided an exhibit that demonstrates the views of the adjacent residences in relation to the proposed storage jircility. The applicant believes that the metal structure with accented hardi plankpanels, approximately 9 -feet in height, will be screened adequately with proposed landscaping and the existing G -foot tall vinyl fence. To support the request., the applicant has subrrritted documentation fr°orn a majority of the adjacent neighbors supporting the reduced buffer and theproposed use. Based on testirnorty from adjacent residents and the operational aspects of'the storage units, stcrff'is supportive of the reduced hii r 1vi�dth. This ba ffer must be landscaped in accord with UDC 11-3B. Citadel 11 Self Storage Facility— KZ -14-004, CUP -14-007 & ALT -14-006 PAGE 4 EXHIBIT A ® .Ensure development provides safe routes and access to schools, parks and other community gathering places (Chapter 3, pg. 56). The applicant is responsible for constr-ucling a 14 foot wide mtdli-use pathway along the north boundary. This pathway segment will connect with the pathway constructed in the adjacent developments (El Dorado Business Park andSutherland Farins) however; a portion of it is separated by Eagle Road, a four lane arterial roadway. The Planning Division has concerns with pedestrian's crossing Eagle Road at the rnid mile to gain access to the pathway. The City, the applicant and ACHD will need to coordinate on a solution for safe pedestrian crossing. One option is to retrofit the emergency signal installed at the Fire Station for the purpose ofproviding a signalized pedestrian crossing. a Require neighborhood and community commercial areas to create a site design compatible with surrounding uses (Chapter 3, pg. 52). The City has adopted a design manual to address compatibility between land arses. The applicant is proposing a connnercial development adjacent to an established residential subdivision and an office park. Specifically, the applicant is proposing to develop the site with twelve (12) storage buildings and one office building. Tlneprirnary building materials for these structures is metal siding accented with hardi plank siding and CMU block. The office building is more contemporary in design but isproposed to be constructed gfstucco which is the same building materials as the adjacent cornrnercial buildings to the north and south. The Meridian Design Manual and the UDC emphasizes a mix of materials and variations in roofplanes alongpublic spaces andpublic streets. Because this facility is on a highly visible corridor and surrounded by high quality development, staff is of the opinion the applicant should elevate the design of the facility and use building materials that complement the adjacent developments. The site rmrst comply with the design standards set forth in UDC II - 3A -19. ® Maintain integrity of neighborhoods to preserve values and ambiance of areas (Chapter 3, pg, 52). If the applicant complies with the design guidelines outlined in the Meridian _Design Alanual, UDC design standards and spec ftc use standards, staff is of the opinion the proposed use should maintain the integrity of the neighborhood. • Restrict private curb cuts and access points on collectors and arterial streets (Chapter 3, pg. 54). One accesspoint has been provided from a shared driveway via Eagle Road. Orn the subnnitted plans this driveway will serve as seconday errrergency access for the proposed development to eliminate the commercial traffic associated with the storage facility from impacting the o fjice complex. Because the speciftc use standards require two means of access, the applicant is seeking Council waiver to allow the prinituy access from S. Eagle Road. ACHD staff has approved the proposed access to Eagle Road. ® Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City (Chapter 3, pg. 45). The proposed development is contiguous to the city and city services are available to be extended to the site upon development in accord with UDC 11-3A-21. ® Implement the City's Pathways Master Plan (Chapter 5, pg.71). Citadel 11 Self Storage Facility— RL -14-004, CUP -14-007 & ALT -14-006 PAGE EXHIBIT A The applicant is proposing to construct a 10 foot wide multi -use pathway along the north boundar3' of the proposed development in accord ii,ith the adopted plan. The proposed pathwav must he constructed in accord with UDC 11-3A-8 and UDC 11-313-12C and the Nampa Meridian Irrigation District. Staff is of the opinion that the proposed use is generally consistent with the Comprehensive Plan and is generally compatible with the surrounding uses based on the analysis above, 8. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zone: The purpose of the commercial districts is to provide for the retail and service needs of the commtutity in accordance with the Meridian comprehensive plan. Six (6) districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways, B. Schedule of Use: Unified Development Code (UDC) Table 11-2B-2 lists the principal permitted, accessory, conditional, and prohibited uses in the C -C zoning district, The proposed self-service storage facility requires conditional use permit (CUP) approval in the C -C zoning district, Compliance with the specific use standards listed in UDC 11-4-3-34 for the use is also required. C. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in UDC 11-2B-3 for the C -C zoning district. D. Landscaping 1. UDC 11 -3B -8C regulates the parking lot standards of the development code (see section 9. below for further analysis), 2. UDC 11 -3B -9C regulates the landscape buffers adjacent to residential land uses (see section 9 below for further analysis), 3, Width of street buffer(s): 25 feet along Eagle Road, 4, The proposed pathway shall comply with the standards in accord with UDC 11-3B-I2C. E. Off -Street Parking: UDC 11 -3C -6B requires 1 space for every 500 square feet of gross floor area; a total of 74,423 square foot of building area is proposed. Based on this amotmt, 149 parking stalls would be required; four (4) are proposed (see section 9 below for further analysis), F. Self -Service Uses: UDC l I -3A-16 lists the specific requirements for self service uses (see section 9 below for further analysis), G, Structure and Site Design Standards: Development of this site must comply with the design standards in accord with UDC 11-3A-19, 9. ANALYSIS a, Analysis of Facts Leading to Staff Recommendation: Rezone (RZ): The applicant has applied to rezone 5.44 acres of land with a C -C zoning district, The requested zoning is consistent with the MU -C land use designation. The original vision for the property was to develop with either office or a multi -family uses with a later phase of the Sutherland Farm project. Both the recoded development agreement and the approved PD allowed these uses as a use exception in the R-4 zoning district subject to conditional use permit approval by the City. The applicant is proposing to rezone the property to develop a self-service storage facility on the property. Under the UDC this use is allowed in the proposed C -C zoning with conditional use Citadel 11 Self Storage Facility— RZ-14-004, CUP -14-007 K ALT -14-006 PAGE 6 EXHIBIT A permit approval. Because the office and/or multi -family is no longer proposed for this property, staff recommends a new development agreement to govern the property to ensure the site develops as proposed, See staffs recommended DA provisions in Exhibit B. Conditional Use Permit (CUP): The applicant has applied for a conditional use permit to develop the property with a self-service storage facility in the C -C zoning district, in accord with UDC Table 11-213-2. The development is proposed to consist of twelve (12) storage buildings, totaling 73,775 square feet and a 648 square foot office building. Self -Service Storage Facilities: The specific use standards for the self-service storage facility listed in UDC 11-4-3-34 apply to development of this site as follows: 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 must comply with this requirenient. B. On-site auctions of unclaimed items by the storage facility owners shall be allowed as a temporary use in accord with Section 11-3E temporary use requirements of this Title. The applicant must comply with this requirement. C. The distance between structures shall be a minimum of twenty-five feet (25'). All of the proposed storage buildings meet or exceed the 25 foot distance requirement. D, The storage facility shall be completely fenced, walled, or enclosed and screened from public view. Where abutting a residential district or public road, chain-link shall not be allowed as fencing material. The applicant has designed the site so the perimeter storage buildings screen the facility from public view. Staff believes the applicant generally complies with this standard hoi,ever; additional design requirements are recommended for the perimeter building along the west, north and south boundary. 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 project is conditioned to comply with this requirement. F. A miniinum twenty five foot (25') wide landscape buffer shall be provided where the facility abuts a residential use, unless a greater buffer width is required by this title, Landscaping shall be provided as set forth in subsection 11-313-9C of this title. The applicant is requesting a Council waiver to reduce the landscape buffer frorrr 25 feet to 10 feet. A majority of the adjacent residents have consented to the reduced brier if'tlte applicant installs two (2) 2 -inch caliper trees spaced 20 feet apart, perrna-bark and two (2) shrubs between every tree within the landscape buffer. Based ori the submitted docrrrnentation staff is supportive of the reduced buffer width. G, If the use is unattended, the standards in accord with Section 11-3A-16 self-service uses of this Title shall also apply. (See standards front UDC 11-3A-16 below,). H. The facility shall have a second means of access for emergency purposes. One access point has been provided from a shared driveway via Eagle Road. On the submitted plans this driveway will serve as secondary, emergency access for the proposed development to eliminate the conunercial traffic associated with the storage facility from impacting the office complex. Because of this standard, the applicant is seeking Council waiver to allow the primary access from S. Eagle Road. ACRD staff has approved the proposed access to Eagle Citadel 11 Self Storage Facility— RZ-14-004, CUP -14-007 & ALT -14-006 PAGE 7 EXHIBIT A Road. Staff supports the access Eased on ACHD's approval and the low traffic generation and recommends the Council approve the access point as proposed. 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, Outdoor storage is not proposed or approved for this site. All items must he stored within an enclosed storage unit. J. The site shall not be used as vehicle wrecking or junkyard as herein defined. The applicant shall comply with this requirement. K. For any use requiring the storage of fuel or hazardous material, the use shall be located a minimum of one thousand feet (1,000') from a hospital. The applicant is notproposing to store any hazardous material on the site. The applicant shall comply with this requirement, Self -Service Uses: The proposed use of the property is for a self-service storage facility, UDC 11-3A-16 requires all unattended self-service uses to comply with the following requirements: A, Entrance or view of the self-service facility shall be open to the public street or to adjoining businesses and shall have low -impact security lighting. The proposed development is located on a prominent corridor and should he highly visible from Eagle Road, B. Financial transaction areas shall be oriented to and visible from an area that receives a high volume of traffic, such as a collector or arterial street, N/A. C. Landscape shrubbery shall be limited to no more than three feet (3') in height between entrances and financial transaction areas and the public street. NIA Site Plan: Staff has reviewed the site plan (prepared by JDE, dated 04/15/14, included as Exhibit A.2) submitted with this application, The following items should to be revised on the site plan submitted with the Certificate of Zoning Compliance application: • The planter islands adjacent to the drive aisles along the main entrance and the secondary entrance must be 5 feet in width measured from inside of curb to inside of curb and landscaped in accord with UDC 11-313-8C. o Provide a bike racy detail on the plans submitted with the certificate of zoning compliance application. « Except for the primary access from Eagle Road (if approved by Council), all other driveways must be reconstructed with curb, gutter and 7 -foot attached sidewalk. • Located in the northeast corner of the development is a common lot developed with the Sutherland Farms Subdivision. Existing landscaping and fencing are encroaching on the applicant's property. The submitted site plan depicts modifications to this area. The applicant should coordinate with Sutherlands Farms HOA on the modification to the common lot. The applicant should provide written documentation from the HOA approving the changes. Landscaping: Staff has reviewed the landscape plan (prepared by Jensen belts Associates, dated 02/28/14, labeled as Sheet L1,1, included as Exhibit A,3) submitted with this application, The applicant is proposing to develop the site in accord with the City's s water wise concepts. In general, staff is supportive of the submitted landscape plan however; staff recommends the Citadel it Self Storage Facility— RZ-14-004, CUP -14-007 & ALT -14-006 PAGE 8 EXHIBIT A following items be revised on the landscape plan submitted with the Certificate of Zoning Compliance application: ® Construct a 25- foot wide landscape buffer adjacent to Eagle Road in accord with UDC 11-38-50 and UDC 11-313-7C, Specifically, the applicant should include boulders, rock out-cropping's, or other hardscape features in accordance with UDC 11 -3B -5N, ® Parking lot landscaping is required to be provided in accord with the standards listed in UDC 11 -3B -8C• Each planter island that serves a single row of parking spaces is required to be landscaped with at least one tree and shall be covered with low shrubs, lawn, or other vegetative groundcover that touches at 70 percent at maturity, • If Council approves the reduction in the buffer width from 25 feet to 10 feet, the landscape buffer must be landscaped with two (2) 2 -inch caliper trees spaced 20 feet apart, penna bark and two (2) shrubs between every tree as prosed and agreed upon with the adjacent neighbors. ® Pathway landscaping is required to be provided in accord with the standards listed in UDC 11-313-50 and UDC 11 -3B -12C. Specifically, the applicant should include boulders, rock out-cropping's, or other hardscape features in accordance with UDC 11-313-5N. Multi -use Pathway: The applicant is proposing to construct a 10 -foot wide multi -use pathway along the north boundary. This pathway segment will connect with the pathway constructed with the El Dorado Business Park and Sutherland Farms Subdivision. A portion of the pathway is separated by Eagle Road, a four lane arterial roadway, The Planning Division has concerns with pedestrian's crossing Eagle Road at the mid mile to gain access to the pathway, The City, the applicant and ACHD will need to coordinate on a solution for safe pedestrian crossing, Staff recommends the applicant coordinate with ACHD and the Fire Department to see if there is an option to retrofit the emergency signal installed at the Fire Station for the purpose of providing a signalized pedestrian crossing. Building Elevations: The proposed development is required to comply with the design review standards set forth in UDC 11-3A-19 and the Meridian Design Manual. The applicant has submitted renderings that demonstrate how the site will be viewed from the public streets and the future pathway, In the narrative, the proposed building materials for these structures include metal siding, bardi-plank siding and split face CMU block, The office building is more contemporary in design but is proposed to be constructed of stucco which is the same building materials as the adjacent commercial buildings to the north and south. Staff believes that the southern and eastern facades of this facility are adequately screened by existing structures, fencing and landscaping. Further, the applicant has also collaborated with the eastern property owners for additional landscaping along the east boundary. Staff recommends that the north and west elevations be revised to comply with the UDC and the Design Manual. The Design Manual and the UDC emphasize a mix of materials, articulated wall planes and variations in roof planes along public spaces and public streets. Further, the design standards limit the use of prefabricated steel panels to an accent material (UDC 11-3A-19A.2b). Because this facility is on a highly visible corridor, adjacent to a future pathway and is surrounded by high quality development, staff recommends revisions to the elevations that staff believes will meet the City's design review standards. With the submittal of the certificate of zoning compliance application include the following design changes: Citadel 11 Self Storage Facility— RL -14-004, CUP -14-007 & ALT -14-006 PAGE 9 EXHIBIT A 1) On the north elevation, the applicant should add another 20 -foot wide hardi-plank panel on the section of Building "L" directly east of the proposed office building. (The purpose of this recommendation is to further reduce the visibility of the metal paneling on this facade adjacent to the pathway in accord with UDC 11-3A-19A.1a.); 2) On the west elevation, the two (2) 25 -foot wide block parapets should be extended to span 50 feet each. Further, all of the block along the west boundary, including the block parapets, should incorporate the following design elements: 1) a decorative cap or decorative cornice and an accent band consisting of a different color and textured material to provide articulation to the west fagade. (The purpose of this recommendation is to further reduce the visibility of the metal paneling on this favade adjacent to the public street and incorporate solve of the desist: elements from the adjacent development in accord with UDC 11 -3A -19A.1 and UDC 11 -3A -19A. Id.); 3) Both gates for the proposed development must be constructed of solid material to screen the interior of the development. (The purpose of this recommendation is to screen the interior of this storage facility fi-om the street and adjacent properties ill accord with UDC 11 -SB -8B.) If these design changes are made, staff is supportive of the submitted building elevations. Parking: Per UDC 11 -3C -6B, in commercial districts, one off-street parking space is required per 500 square feet of gross floor area. Based on the total square footage of structures on the site (74,423 s.£), 149 parking stalls are required; 5 spaces are proposed on the submitted site plan. Additionally, per UDC I 1 -3C -6G, one bicycle parking space is required to be provided for every 25 vehicle spaces, in compliance with the standards listed in UDC 11 -3C -5C. The submitted site plan depicts the required bike rack. Because this is a unique use that doesn't really fit with the parking standards contained in the UDC, the applicant has requested alternative compliance in accordance with UDC I1 -5B-5. Please see the alternative compliance section below for firrtber analysis Alternative Compliance: The applicant has requested alternative compliance to deviate from the parking requirements outlined in the parking analysis above. Currently, the UDC requires the applicant provide 149 off-street parking spaces based on the square footages for the entire complex, The applicant is requesting that the parking ratio for the proposed development be calculated based on the office square footage (648 square feet) because it will be the only occupied space. Based on the operational characteristics (low traffic generation, lower intensity of use and hours of operation) for this type of facility and the storage buildings are not occupied buildings, the Director finds that four (4) parking spaces is adequate for the facility and approves the applicant's request for alternative compliance (see alternative compliance findings in Exhibit D). Certificate of Zoning Compliance (CZC) and Design Review (DES): A CZC application is required to be submitted prior to issuance of building permits, The applicant is required to obtain approval of a design review application for the proposed structures and site design for the self- service storage facility. This application may be submitted concurrently with the CZC application. The applicant must comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual. In summary staff finds the proposed project complies with the future land use map, applicable policies of the Comprehensive plan and is conditioned to comply with the applicable development standards in the UDC. Based on the aforementioned analysis, staff recommends approval of the subject application. Citadel 11 Self Storage Facility— RZ-14-004, CUP -14-007 R ALT -14-006 PAGE 10 EXHIBIT A 10. EXHIBITS A. Drawings 1. Vicinity Map 2. Proposed Site Plan 3. Proposed Landscape Plan 4. Proposed Building Elevations B. Conditions of Approval 1. Planning Division 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Republic Services 7. Ada County Highway District C. Legal Description and Exhibit Map D. Required Findings from Unified Development Code Citadel II Self Storage Facility -- RZ-14-004, CUP -14-007 & ALT -14-006 PAGE 11 2. Site Plan EXHIBIT A OMER: N LAAD, LLC I UNITCOUNT B APPUCAM; WADEL STORAGE, LLO 4 ADORES$: 107 S. ORCHARD ST EOJS E, 10 070 -J I0X20 J10 TOTAL 73 C(q�- SITED l Citadel 11 Self Storage Facility— RZ-14-004, CUP -14-007 & ALT -14-006 PAGE 11 0.0 EXHIBIT A Citadel II Self Storage Facility— RZ-14-004, CUP -14-007 & ALT -14-006 PAGE 13 EXHIBIT A 4. Proposed Elevations - OP � 5 EAST ELEVA-900 Citadel II Self Storage Facility—RZ-14-004, CUP -14-007 & ALT -14-006 PAGE 15 EXHIBIT A B. Conditions of Approval 1. PLANNING DIVISION 1.1.1 A new Development Agreement (DA) is required as a provision of rezone of this property. Prior to the rezone ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of ordinance adoption, and the developer. A certificate of zoning compliance application will not be accepted until the DA is recorded. The applicant shall contact the City Attorney's Office to initiate this process. The DA shall be signed by the property owner and returned to the city within two (2) years of the City Council granting annexation. Currently, a fee of $303.00 shall be paid by the applicant to the City Clerk's office prior to commencement of the DA. The DA shall, at minimum, incorporate the following provisions: A. Future development of the site shall be consistent with the design standards in UDC 11-3A-19 and the guidelines in the Meridian Design Manual. B. The use of this property shall be restricted to the self-service storage facility approved by CUP -14-007, unless modified by City Council at a public hearing. C. Future development of this site is no longer subject to recorded DA instrument # 102143307 and CUP -02-005. D. Future development of the site shall comply with the ordinances in effect at the time of development. 1.2 Site Specific Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the C -C zoning districts listed in UDC Tables 11-2B-3. 1.2.2 The site plan, prepared JDE, dated 04/15/14, is approved, with the conditions listed herein. The applicant shall revise the site plan as follows: • The planter islands adjacent to the drive aisles along the main entrance and the secondary entrance must be 5 feet in width measured from inside of curb to inside of curb and landscaped in accord with UDC 11 -3B -8C. • Provide a bike rack detail. • Except for the primary access from Eagle Road (if approved by Council), all other driveways must be reconstructed with curb, gutter and 7 -foot attached sidewalk in accord with ACRD standards. J 1.2.3 The landscape plan, prepared by Jensen Belts Associates, dated 02/28/14, shall be revised as follows: • Construct a 25- foot wide landscape buffer adjacent to Eagle Road in accord with UDC 11-313-50 and UDC 11 -3B -7C. The applicant shall include boulders, rock out- cropping's, or other hardscape features in accordance with UDC 11 -3B -5N. Citadel II Self Storage Facility— RZ-14-004, CUP -14-007 & ALT -14-006 PAGE 15 EXHIBIT A 1.2.8 Provide temporary fencing around the perimeter of the building sites to contain debris during construction and shall be installed around the site prior to release of building permits. 1.2.9 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-3B-6 and MCC 9-1-28. 1.2.10 The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. Low impact security lighting shall be provided on the site in accord with UDC 11-3A-11 and the standards listed in 11 -3A -16A. 1.2.11 Per UDC 11 -5B -5B2, the Director (at the applicant's request) approved the alternative compliance regarding the parking standards set forth in UDC 11 -3C -6B. 1.2.12 Staff s failure to cite specific ordinance provisions does not relieve the applicant of responsibility for compliance. 1.2.13 The applicant shall have a maximum of two (2) years to commence the use as permitted in accord with the conditions of approval listed above. If the use has not begun within two (2) years of approval, a time extension may be requested in accord with UDC 11 -5B -6F prior to expiration. If a time extension is not requested or granted and the CUP expires, a new conditional use permit must be obtained. 1.2.14 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.15 The applicant shall have an ongoing obligation to maintain all pathways. Prior to Certificate of Occupancy for the first structure, a public pedestrian easement for the multi -use pathway on the north boundary shall be submitted to the Planning Division of the Community Development Department, approved by the City Council and recorded. 1.2.16 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11 -3B -5J. 1.2.17 The facility shall operate between the hours of 6:00 a.m. to 11:00 p.m. 1..2.18 The applicant shall coordinate all site improvements adjacent to the Ridenbaugh Canal with the Nampa Meridian Irrigation District, galled at she Lire Station- F . 0ep-M-Poseofvr-,,..;a;—e , 2. PUBLIC WORKS DEPARTMENT 2.1 This development only requires sewer service to the small leasing office in the NW corner of the site, and therefore the applicant has proposed and Public Works has agreed to a small injection pump system that will pump the sewage generated from the leasing office over to a discharge point in Southerland Farms, 2.2 Water service to this site is available via an extension off of the existing main in S. Eagle Road, and through the SW corner into the South Stone Subdivision.. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. Citadel II Self Storage Facility — RZ-14-004, CUP -14-007 & ALT -14-006 PAGE 17 EXHIBIT A approved prior to the issuance of a certification of occupancy for any structures within the proj ect. 2.19 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval. Applicant shall also include the location of any existing street lights in the development plan set. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor's work and materials shall -conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 2.20 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 3. FIRE DEPARTMENT 3.1 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 ''/a" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.2 Maintain a separation of 5' from the building to the dumpster enclosure as set forth in International Fire Code Section 304.3.3. 3.3 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide and support an imposed weight of 75,000 GVW. 3.4 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J. 3.5 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.6 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and 48' outside, per International Fire Code Section 503.2.4. 3.7 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. No hazardous materials are allowed to be stored on the site. 3.8 All electric gates are required to be 20' in width and equipped with a Knoxbox key switch as set forth in International Fire Code Section 503.6 & National Fire Protection Standard 1141, Section 5.3.17.3. Citadel II Self Storage Facility— RZ-14-004, CUP -14-007 & ALT -14-006 PAGE 19 EXHIBIT A 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 In accordance with District policy, 7203.6, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard conditions of approval in place at the time unless a waiver/variance of said requirements or other legal relief is granted by the ACHD Commission. Citadel II Self Storage Facility— RZ-14-004, CUP -14-007 & ALT -]4-006 PAGE 21 EXHIBIT A Together with and subject to covenants, casements and restrictions of record, N2013t131 08-CMG-CITADLL 20rawingskDescr1p13ons113018-CITAML 2 RF -ZONE BNDRY,dorx 12 Citadel 11 Self Storage Facility— RZ-14-004, CUP -14-007 & ALT -14-006 PAGE 23 EXHIBIT A D. Required Findings from Unified Development Code 1. Rezone Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Council finds the proposed rezone to C -C is consistent with the proposed MU -C future land use designation. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council finds that the proposed map amendment to C -C zoning district is consistent with the purpose statement of the commercial districts. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare if the applicant complies with conditions outlined in this report. The Council considered all oral or written testimony provided when determining this finding. d. 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 Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-513-3.E). NA 2. Conditional Use Permit Findings: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish: a. 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 Council finds that if the site is designed according to the conditions of approval in Exhibit B, the site will be large enough to accommodate the proposed use and meet the dimensional and development regulations of the C -C zoning district and self-service storage facility specific use standards if the submitted plans are amended as recommended by staff. b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. Citadel II Self Storage Facility— RZ-14-004, CUP -14-007 & ALT -]4-006 PAGE 25 EXHIBIT A In order to grant approval for alternative compliance, the director shall determine the following findings: 1. Strict adherence or application of the requirements is not feasible; OR The Director finds that strict adherence to the parking standards is not feasible given the operational characteristics of self-service storage facility. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and The Director finds the alternative compliance provides an equal means for meeting the City's parking standards. The parking ratio for the facility is based on the size of the proposed office building (648 sq.ft.) and on the operational characteristics of the storage facility use. Therefore, the Director finds four (4) parking stalls is adequate to serve the site. 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. The Director finds that the proposed alternative will not be detrimental to the public welfare or impair the use/character of the surrounding properties. Citadel II Self Storage Facility— RZ-14-004, CUP -14-007 & ALT -14-006 PAGE 27