Citadel Storage @ Amity AZ H-2015-0031ADA COUNTY RECORDER Christopher D. Rich 2016.021941
BOISE IDAHO Pgs=37 VICTORIA BAILEY 03/17/2016 09:46 AM
MERIDIAN CITY NO FEE
II"IIII'I I IN 1I'IIII'I1'II IF II II III 1111111111
00204103201600219410370378
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Skyline Boise, LLC, Owner/Developer
�v� THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this 1, day of a'`� , 2016, 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 Skyline Boise, LLC, whose address is PO Box 1610, Eagle, Idaho 83616,
hereinafter called OWNER/DEVELOPER.
1. 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 the
Annexation and Zoning of 17.55 acres of land with an I -L zoning district (as
described in Exhibit "A"), under the Unified Development Code, 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 Property will be developed and what
improvements will be made; and
1.6 WHEREAS, the record of the proceedings for the requested preliminary plat
on the Property held before the Planning & Zoning Commission, and
DEVELOPMENT AGREEMENT — CITADEL STORAGE AT AMITY H-2015-0031 PAGE 1 OF 8
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 16'h day of February, 2016, 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 final
plat; 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 ofthe 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 Skyline Boise, LLC, whose
address is PO Box 1610, Eagle, Idaho 83616, the partythat is developing said
Property and shall include any subsequent owner/developer(s) of the
Property.
DEVELOPMENT AGREEMENT - CITADEL STORAGE AT AMITY H-2015-0031 PAGE 2 OF 8
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" 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:
a. Future development of the site shall be consistent with the design standards listed in UDC
11-3A-19 and the guidelines in the Meridian Design Manual (or any updated versions
thereof).
b. Development of this property shall substantially comply with the site plan included in
Exhibit A.2 and the building elevations included in Exhibit A.4 of the Staff Report
attached to the Findings of Fact and Conclusions of Law (Exhibit B).
c. If the site does not develop as a self-service storage facility, then the developer shall
construct a minimum 20 -foot wide driveway and minimum 5 -foot wide pathway/sidewalk
along the east side of the property for access to the site fiom the future collector street to
the east and interconnectivity between the subject property and the future uses.
d. The applicant shall obtain approval from ITD for the proposed emergency access to the
storage facility via S. Meridian Road.
e. A minimum 35 -foot wide street buffer shall be constructed along the entire frontage of
the site along S. Meridian Road and a minimum 25 -foot landscape buffer shall be
provided along E. Amity Road. Both landscape buffers shall be landscaped in accord with
the standards listed in UDC 11-3B-5 and 11 -3B -7C.
f. All landscape and frontage improvements associated with the site including the landscape
buffers and the 10 -foot wide multi -use pathways shall be constructed with the
corresponding construction phase of the development.
g. Any development of land containing the 75 -foot wide gas line easement must comply
with the Northwest Pipeline Development Guidelines. An encroachment permit is
required for any improvements proposed within the pipeline easement.
h. Any future development of the site must comply with the City of Meridian ordinances in
effect at the time of development.
DEVELOPMENT AGREEMENT - CITADEL STORAGE AT AMITY H-2015-0031 PAGE 3 OF 8
i. No Certificate of Occupancies will be allowed until water is available to the site.
Development of the second phase will not be allowed until sewer utilities are available to
the site.
j. No direct access to S. Meridian Road shall be permitted.
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.
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.
DEVELOPMENT AGREEMENT - CITADEL STORAGE AT AMITY H-2015-0031 PAGE 4 OF 8
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
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, 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 Avenue
Meridian, Idaho 83642 Meridian, Idaho 83642
DEVELOPMENT AGREEMENT - CITADEL STORAGE AT AMITY H-2015-0031 PAGE 5 OF 8
OWNER/DEVELOPER:
Skyline Boise, LLC
PO Box 1610
Eagle, ID 83616
14.1 A party shall have the right to change its address by delivering to the other
party a written notification thereof in accordance with the requirements of this section.
15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto
concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as
may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall
survive any default, termination or forfeiture of this Agreement.
16. TIME IS OF THE ESSENCE: The parties hereto ackrrowledge 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.
DEVELOPMENT AGREEMENT - CITADEL STORAGE AT AMITY H-2015-0031 PAGE 6 OF 8
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 ofthe 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.
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
Cleric.
[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:
Skyline Boise, LLC
By:
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CITY OF MERIDIAN
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DEVELOPMENT AGREEMENT — CITADEL STORAGE AT AMITY H-2015-0031 PAGE 7 OF 8
STATE OF IDAHO )
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County of Ada,
On this day of &vc- , 2016, before me, the undersigned, a Notary Public in and
for said State, personally appeared J Ue, 0 v- , known or identified to me
to be the e of Skyline Boise, LLC, and acknowledged tome that he executed
the same on behalf of said company.
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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"Is Notary Public for Idaho
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STATE OF IDAHO )
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County of Ada )
On this day of j` I ar �,1� , 2016, before me, a Notary Public,
personally appeared Tammy de Weerd and da3=see � n w or I entified to me to be the
Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person
that executed the instrument of behalf of said City, and acknowledged to me that such City executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
Notary Public for Idaho
Residing at: E—aak�, ) I�
Commission exp 6L —,-,L6) £�
DEVELOPMENT AGREEMENT - CITADEL STORAGE AT AMITY H-2015-0031 PAGE 8 OF 8
EXHIBIT A
Legal Description and Exhibit Map
5awtoc)th Li:nci Surveying, LLG
2 .5 A
November 9, 2016
Citadel III Annexation Legal
A parcel of land being Parcel A as shown on Record of Survey 9941, Ada County Records,
and a portion of S. Meridian Road right of way and a portion of E, Amity Road right of way,
located In Government Lot 1, of Section 31, T. 3 N., R*1 E., 13M., Ada County, Idaho, rviore
particularly described as follows;
BEGINNING at a brass cap marking the northwest corner of said Section 31;
Thence North 89020'31 East, coincident with the north line of said Government Lot 1, a
distance of 961.66 feet to the northeast corner of said Parcel A;
Thence South 0*39'29" East, coincident with the east line of said Parcel A, 738-29 feet to the
southeast corner of said Parcel A;
Thence North 89022'32" West, coincident with the southerly line of said Parcel A, 5214.32 Ieet;
Thence North 751124'32" West, coincident with the southerly line of said Parcel A, 37,91 feet;
Thence South 10109'58" West, coincident with the southerly line of said Parcel A, 160.36 feet;
Thence North 881146'41" West, coincident with the southerly line of said Parcel A, 390,16 feet
to a point on the wasterly line of said Government Lot 1;
Thence North 01137'28" East, coincident with said westerly line of Government Lot 1, a distance
of 861.40 feet to the POINT OF BEGINNING.
The above described parcel contains 17.65 acres more or less,
Citadel Storage at Amity — ALT, AZ
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CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW(::�I%-VERJDIANA.----
AND "ut
DECISION & ORDER
In the Matter of the Request for Annexation and Zoning of 17.55 Acres of Land with an I -L Zoning
District, for the Property Located at the southeast corner of E. Amity and S. Meridian Roads, in the
NW 1/ of Section 31, Township 3N., Range 1E, by Skyline Boise, LLC.
Case No(s). H-2015-0031
For the City Council Hearing Date of: February 2, 2016 (Findings on February 16, 2016)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of February 2, 2016, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of February 2, 2016, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of February 2,
2016, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of February 2, 2016, 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 -7 84 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
Planning Department, the Public Works Department and any affected party requesting notice.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2015-0031
-1-
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of February 2, 2016, incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant's request for annexation and zoning is hereby conditionally approved per the
conditions of approval in the attached Staff Report for the hearing date of February 2, 2016,
attached as Exhibit A.
D. Notice of Applicable Time Limits
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 11-513-31)).
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 11-513-313).
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
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 February 2, 2016
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2015-0031
-2-
By action of the City Council at its regular meeting held on the � (0 day of ,
2016•
COUNCIL PRESIDENT KEITH BIRD VOTED
COUNCIL VICE PRESIDENT TOE BORTON VOTED_
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED
COUNCIL MEMBER TY PALMER VOTED
COUNCIL MEMBER LUKE CAVENER VOTED
COUNCIL MEMBER GENESIS MILAM VOTED,
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER) -----
Mayor Tar�xmy e Weer
Attest; �O,pft�TED.fII� s
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City of
' " )-) TIDIA Nk_
aycee 10man r Spry, v
City Clerk
Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney.
Dated - 7b(4
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2015-0031
-3-
STAFF REPORT
Hearing Date:
TO:
FROM:
SUBJECT:
February 2, 2016
Mayor and Council
Josh Beach, Associate City Planner
(208) 884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
H-2015-0031 — Citadel Storage at Amity — ALT, AZ
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
E IANC---
: All, 0
The applicant, Citadel Storage, LLC has submitted an application for annexation and zoning (AZ) of
17.55 acres of land with an I -L zoning district for Citadel Storage.
Alternative Compliance is also requested to UDC 11 -3C -6B for a reduction in the off-street
vehicle parking required for this site; this application requires approval by the Director.
NOTE: Currently, the subject property is not contiguous to City limits. Recently, the City Council
approved the South Meridian annexation application. Annexation of this property is contingent on the
completion of the South Meridian Annexation. Staff anticipates the annexation being approved by
City Council sometime in January.
2. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed AZ application with the conditions listed in Exhibit B,
based on the Findings of Fact and Conclusions of Law in Exhibit D. Planning & Zoning
Commission heard this item on January 7, 2015. At the public hearing, the Commission moved
to recommend approval of the subiect AZ request.
a. Summary of Commission Public Hearing:
i. In favor: Dave Yorgason
ii. In opposition: None
iii. Commenting: Dave Yorgason
iv. Written testimony: Dave Yorgason
v. Staff presenting application: Josh Beach
A. Other staff commenting on application: Bill Parsons
b. Key Issue(s) of Discussion by Commission:
i. Timing of annexation and whether or not it is appropriate to annex the property at this
time.
ii. Timing for the completion of the South Meridian annexation.
iii. Location of the emergency access onto S. Meridian Road.
iv. Phasing of the site and landscape improvements for the proposed development.
v. Traffic impact of a development of this size and type.
A. Location of the access to Amity Road.
vii. Timing of utilities to service the property.
viii. Building materials to be used for the proposed development.
ix. Overall architectural design of the project.
c. Key Commission Change(s) to Staff Recommendation:
Citadel Storage at Amity — ALT, AZ PAGE l
EXHIBIT A
i. Modify condition 1.1.1C , referencing the 20 foot wide driveway and 5 foot wide
pathway along the east boundary of the property (See condition 1.1.1C).
ii. Modify condition of approval 1.1.1F to require all frontage improvements with the
development in the second phase (See condition 1.1.2F).
iii. Modify condition 1.1.1I regarding development of the site and availability of utility
connections (See condition 1.1.1I).
iv. Modify condition 2.2.2 regarding utilities on the property (See condition 2.2.2).
d. Outstanding Issue(s) for City Council: None
The Meridian Planning & Zoning Commission heard this item on February 2, 2016. At the
public hearing, the Commission moved to recommend approval of the subject AZ request.
a. Summary of Commission Public Hearing:
vii. In favor: Dave Yorgason
viii. In opposition: None
ix. Commenting: Dave Yorgason, Gordon Hamilton
x. Written testimony: Dave Yorgason (applicant)
xi. Staff presenting application: Josh Beach
xii. Other staff commenting on application: Clint Dolsby, Bill Nary, Caleb Hood
b. Key Issue(s) of Discussion by Commission:
x. Location of the emergency access onto S. Meridian Road.
xi. Phasing of the site and landscape improvements for the proposed development.
xii. The ability of motorists coming from Meridian Road to use the emergency access drive
xiii. Timing of utilities to service the property.
c. Key Commission Change(s) to Staff Recommendation:
v. None
d. Outstanding Issue(s) for City Council:
i. None
3. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number H-2015-
0031 as presented in staff report for the hearing date of February 2, 2016 with the following
modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Number H-2015-0031
as presented in staff report for the hearing date of February 2, 2016 for the following reasons: (You
should state specific reason(s) for denial.)
Continuance
I move to continue File Numbers H-2015-0031 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: 4940 S. Meridian Road (Parcel # S 1131223012)
The site is located at the southeast corner of E. Amity and S. Meridian Roads, in the NW 1/4 of
Section 31, Township 3N., Range lE.
Citadel Storage at Amity — ALT, AZ PAGE 2
EXHIBIT A
b. Owner/Applicant:
Skyline Boise, LLC
P.O. Box 1610
Eagle, ID 83616
c. Representative:
Dave Yorgason, Tall Timber Consulting
14254 W. Battenberg Drive
Boise, ID 83713
d. Applicant's Request: Please see applicant's narrative for this information.
5. PROCESS FACTS
a. The subject application is for annexation & zoning. 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: December 21, 2015 and January 4, 2016 (Commission);
January 11 and January 25, 2016 (Council)
c. Radius notices mailed to properties within 300 feet on: December 17, 2015 (Commission);
January 14, 2016 (Council)
d. Applicant posted notice on site by: December 28, 2015 (Commission); January 22, 2016
Council
6. LAND USE
a. Existing Land Use(s): The subject property consists of agricultural land; zoned RUT in Ada
County.
b. Description of Character of Surrounding Area and Adjacent Land Uses and Zoning:
1. North: E. Amity Road and property zoned RUT in Ada County
2. East: Industrial property, zoned RUT in Ada County
3. South: Agricultural land, zoned RUT in Ada County
4. West: S. Meridian Road and residential/agricultural land, zoned RUT in Ada County
c. History of Previous Actions: None
d. Utilities:
1. Public Works:
Location of sewer: Sanitary sewer mains to provide service to the subject site currently does
not exist.
Location of water: Water mains to provide service to the subject site currently does not exist.
Issues or concerns: The Meridian Public Works Department will be extending sanitary sewer
and water service to this area as part of planned capital projects. The water extension is
tentatively scheduled for completion the summer of 2016. Design work is underway for the
sanitary sewer, and construction will be completed by December of 2017.
e. Physical Features:
1. Canals/Ditches Irrigation: There are no major irrigation facilities that impact the development
of this site.
Citadel Storage at Amity — ALT, AZ PAGE 3
EXHIBIT A
2. Hazards: A 75 -foot easement for the Williams -Northwest Pipeline Corporation transverses
through the northeastern portion of the property. The Northwest Pipeline is a natural gas
pipeline that serves as a primary artery for the transmission of natural gas to the Pacific
Northwest and Intermountain Region. Those properties impacted by the easement must
adhere to the standards in the developer handbook provided by the gas company.
3. Flood Plain: This property is not within the floodplain overlay district.
7. COMPREHENSIVE PLAN POLICIES AND GOALS
The subject property is designated Mixed Use—Non Residential (MU -NR) on the Comprehensive
Plan Future Land Use Map (FLUM).
The purpose of the MU -NR designation is to set aside areas where new residential dwellings will
not be permitted, as residential uses are not compatible with the planned and/or existing uses in
these areas. The City envisions a wide variety of non-residential land uses may occur in the MU -
NR areas. Seepages 30-31 in the Comprehensive Plan for more information.
Mixed use designations provide for a combination of compatible land uses within a close
geographic area that allows for easily accessible services for residents and the workers. The intent
of this designation is to promote developments that offer functional and physical integration of
land uses while allowing developers a greater degree of design and use flexibility.
In reviewing development applications, the following items will be considered in MU -NR
areas:
• No new residential uses will be permitted (existing residential will be allowed to remain
and expand accessory structures).
• Development is not required to comply with the items listed for development in all Mixed
Use areas.
• All developments should have a mix of at least two types of land uses.
• Where mixed use developments are phased, a conceptual site plan for the entire mixed
use area is encouraged.
Citadel Storage at Amity — ALT, AZ PAGE 4
EXHIBIT A
• In developments where multiple cormnercial and/or office buildings are proposed, the
buildings should be arranged to create some form of common, usable area, such as a
plaza or green space.
• A transitional use is encouraged on the perimeter of the MU -NR areas between any
existing or planned residential development.
• Community facilities such as a hospital, school, park, daycare, civic building or public
safety facilities are encouraged in larger developments.
• All retail and service commercial components of projects should be directly accessible to
neighborhoods within the section by both vehicles and pedestrians.
• Street sections consistent with the Ada County Highway District Master Street Map are
required within the Unified Development Code.
• There is neither a minimum nor maximum imposed on non -retail commercial uses such
as office, food service/restaurants, industry or warehouse uses.
Sample uses, appropriate in MU -NR areas would include: employment centers, professional
offices, flex buildings, warehousing, industry, storage facilities and retail, and other appropriate
non-residential uses. Appropriate zoning districts include: C -G, C -C, L -O, I -L and I -H.
The applicant proposes to annex the site with an I -L zoning district which is an appropriate
zoning district for an MU -NR designated area. The site is proposed to develop with a self-service
storage facility which is also consistent with the list of sample uses
Citadel Storage at Amity — ALT, AZ PAGE 5
EXHIBIT A
This project is a single use, but part of a larger MU -NR area, so staff does envision a mix of uses
to develop in the area.
Due to difficulties in topography there is little ability to provide connectivity to the surrounding
parcels. Staff recommends the site plan is revised so that the site provide cross access to the
property directly to the east (parcel # S1131212652). The proposed storage facility should
provide vehicle accessibility to the future collector street to the east. This will allow internal
connectivity to the site without going out onto the arterial street (Amity).
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply
to the proposed development (staff analysis in italics):
• "Compose and implement standards and mitigation measures for development near the
northwest Pipeline and the liquefied natural gas tank in northwest Meridian." (6.05.01I)
A 75 foot easement for the Williams -Northwest Pipeline Corporation transverses through the
northeastern portion of the property. The Northwest Pipeline is a natural gas pipeline that
serves as a primary artery for the transmission of natural gas to the Pacific Northwest and
Intermountain Region. Those properties impacted by the easement must adhere to the
standards in the developer handbook provided by the gas company. Any improvements and
construction within the easement area will require the review and approval of the gas
company prior to the commencement of any construction.
• "Require appropriate landscaping and buffers along transportation corridors (setback,
vegetation, low walls, berms, etc.)." (3.06.02F)
The subject property abuts E. Amity Road on the north and S. Meridian Road on the west. E.
Amity road is classified as an arterial road and requires a 25 foot landscape buffer. S.
Meridian Road is classified as an entryway corridor, and requires a minimum 35 foot
landscape buffer per the UDC. These buffers must be landscaped in accord with the
standards listed in UDC 11 -3B -7C.
• "Require pedestrian access connectors in all new development to link subdivisions together to
promote neighborhood connectivity as part of a community pathway system." (3.03.03B)
Aside from the multi -use pathway proposed for E. Amity Road, and the 10 foot pathway
proposed along S. Meridian Road, no pedestrian pathways are proposed to the adjacent
properties. Staff recommends a driveway connection and a stub sidewalk on the east property
line for future connectivity to the proposed collector street.
"Plan for a variety of commercial and retail opportunities within the Impact Area."
(3.05.01J)
The proposed storage facility will contribute to the variety of uses in the southern part of the
city and will provide a needed service for nearby residents.
• "Ensure development provides safe routes and access to schools, parks and other community
gathering places." (3.07.02N)
A 10 foot wide multi -use pathway is required along the west and northh boundaries of this site
within the landscape buffers along S. Meridian Road and W. Amity Road per UDC 11 -3H -
4C.4. Mary McPherson Elementary School is a little over 113 of a mile to the east of the
subject property
• "Restrict private curb cuts and access points on collectors and arterial streets." (3.06.02D)
Citadel Storage at Amity — ALT, AZ PAGE 6
EXHIBIT A
There is no direct access proposed to S. Meridian Road. The applicant is requesting one full
access driveway onto E. Amity Road, and an emergency access onto S. Meridian. Road. The
UDC (11 -3A -3A) requires access to be taken from a local street when available; however,
there is no local street access available for this parcel.
• "Develop alternative modes of transportation through pedestrian improvements, bicycle
lanes, off-street pathways, and transit -oriented development as appropriate." (3.03.03D)
A 10 foot wide multi -use pathway is required to be provided along E. Amity Road per the
City's Pathways Master Plan. This pathway will allow for alternative modes of transportation
such as pedestrian and bicycle.
• "Permit new development only where urban services can be reasonably provided at the time
of final approval and development is contiguous to the City." (3.01.0117)
The proposed development is not currently contiguous to the City. The South Meridian
Annexation is currently underway, but services are not scheduled to be at the proposed site
until the water and sewer extension projects are completed, summer of 2016 and December
of 2017 respectively.
• "Coordinate with public works, police, and fire departments on proposed annexation and
development requests, and the impacts on services. " (3.04.01H)
Staff received comments from the above mentioned departments on this annexation. Public
works indicated that the property was not scheduled to receive utilities until the water and
sewer extension projects were completed. The water extension will be complete in the
summer of 2016, and the Sewer extension will be complete December 2017.
Staff is of the opinion that the proposed use is generally consistent with the Comprehensive Plan and
the surrounding uses based on the analysis above if the developed in accord with the conditions of
approval in this report.
8. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of Zone: The purpose of the I -L district is to provide for convenient
employment centers of light manufacturing, research and development, warehousing, and
distributing. In accord with the Meridian Comprehensive Plan, the I -L district is intended to
encourage the development of industrial uses that are clean, quiet and free of hazardous or
objectionable elements and that are operated, entirely, or almost entirely, within enclosed
structures. Accessibility to transportation systems is a requirement of this district.
B. Schedule of Use: Unified Development Code (UDC) Table 11-2C-2 lists the principal permitted,
accessory, conditional, and prohibited uses in the I -L zoning district. The proposed self-service
storage is a principally permitted use in the I -L 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 Table 11-2C-3 for the proposed I -L zoning district.
D. Landscaping: Landscaping is required to be installed on the site in accord with the parking lot
standards listed in UDC 11 -3B -8C, street buffer standards listed in UDC 11 -3B -7C in accord with
UDC Table 11-2C-3; and 11-4-3-34.
E. Off -Street Parking: UDC 11 -3C -6B requires 1 space for every 2,000 square feet of gross floor
Citadel Storage at Amity — ALT, AZ I PAGE 7
EXHIBIT A
area; alternative compliance is requested to this standard for the storage facility portion of the site
(see section 9 below for further analysis).
F. Self -Service Uses: UDC I 1-3A-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 and the guidelines listed in,the Meridian Design Manual
(or any updated version thereof).
9. ANALYSIS
Analysis of Facts Leading to Staff Recommendation:
1. AZ: The applicant requests annexation and zoning of 17.5 5 acres of land with an I -L zoning
district, consistent with the MU -NR land use designation.
The applicant proposes to develop a self-service storage facility on the site consisting of the
following:
1. Storage Building units varying in size from 5' X 10' to 14' X 30' totaling 173,660 square
feet.
2. Storage —Outdoor covered & uncovered, totaling 83,846 square feet
3. On- site office consisting of 755 square feet
The legal description submitted with the application, included in Exhibit C, shows the boundaries
of the property proposed to be annexed and rezoned. The property is contiguous to land that has
been annexed into the City and is within the Area of City Impact boundary.
The City may require a development agreement (DA) in conjunction with an annexation pursuant
to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this
application, staff recommends a DA as a provision of annexation with the conditions included in
Exhibit B.
The project is proposed to develop in three phases as depicted on the submitted site plan. Staff
recommends the street buffers and 10 -foot multi -use pathways along the entire frontage of
the site along S. Meridian Road and E. Amity Road is constructed with the first phase of
development.
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 withh this requirement.
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').
The distance between all of the buildings meets or exceeds the 25 foot distance
requirement.
Citadel Storage at Amity — ALT, AZ PAGE 8
EXHIBIT A
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.
Chain-link will not be permitted as a fencing material where the proposed facility fronts
S. Meridian Road or E. Amity Road.
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 site does not abut any residential uses, nor- are any proposed for the surrounding
area.
F. A minimum 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 -3B -9C of this title.
Not applicable. The site does not abut a residential use.
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.
A secondary emergency only access is proposed via S. Meridian Road, along the western
boundary of the site. The Fire Department has approved the proposed access; approval
must also be obtained from the Idaho Transportation. Department.
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 shall comply with this requirement.
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 not proposing 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 entrance of the facility from E. Amity Road is open and visible from the public street.
Low -impact security lighting is required to be provided.
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.
This standard is not applicable.
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.
Citadel Storage at Amity — ALT, AZ PAGE 9
EXHIBIT A
This standard is not applicable.
Site Plan: A site plan was submitted, included in Exhibit A.2 that depicts a storage facility. The
design of the site should comply with the design review standards listed in UDC 11-3A-19
and the guidelines contained in the Meridian Design Manual.
Staff recommends a minimum 20 -foot wide driveway with a minimum 5 -foot wide
pathway/sidewalk is provided from the proposed site to the property to the east where a
future collector street is proposed. This will enhance interconnectivity between the site and
the future development of the adjacent property.
Landscaping: A landscape plan was submitted, included as Exhibit A.3 that depicts street buffer
and perimeter landscaping on the site; water conserving landscaping is proposed. All landscaping
should comply with the standards listed in UDC 11-3B.
A 35 -foot wide street buffer is required along S. Meridian Road and a 25 foot landscape buffer is
required along E. Amity Road. Both landscape buffers are required to be landscaped in
accordance with UDC 11 -3B -7C as proposed. The rendering provided by the applicant show a
substantial amount of gravel between the property line and the unimproved right-of-way along
both S. Meridian Road and E. Amity Road. The conceptual elevations provided by the applicant
show a large gravel shoulder on both S. Meridian Road and E. Amity road. The unimproved
right-of-way adjacent to both roads needs to be landscaped in accord with UDC 11-3B-7.
Multi -use Pathway: The City's Pathways Master Plan indicates a multi -use pathway crossing the
subject property within the pipeline easement. The developer shall provide a 10 foot wide
sidewalk/pathway across its Amity Road frontage to the intersection with Meridian Road. A
public pedestrian pathway easement shall be provided for the required sidewalk/pathway. The
pathway should be detached from the future curb and have landscaping between the curb and
pathway. The entire length of the frontage landscaping and Multi -use Pathways along S. Meridian
Road and E. Amity Road need to be constructed with the first phase of development.
Parking: Per UDC 11 -3C -6B, in commercial districts, one off-street parking space is required
per 2,000 square feet of gross floor area. Based on the total square footage of structures on the
site (258,261 s.f.), 130 parking stalls are required. Additionally, per UDC 11 -3C -6G, one bicycle
parking space is required to be provided for every 25 vehicle spaces proposed on the site, in
compliance with the standards listed in UDC 11 -3C -5C.
The applicant requests alternative compliance to the parking standards listed in UDC 11 -3C -6B
as allowed by UDC Table 11-5B-5. The applicant requests that parking is only required for the
office building, consisting of 755 square feet, which would require a minimum of 1 parking
space. A total of 7 parking spaces are proposed; no bicycle parking is proposed.
Because the operation characteristics (low traffic generation, storage buildings aren't occupied,
etc.) of the storage facility are such that strict adherence to the parking standards is not feasible or
necessary, the Director has determined the 7 parking spaces proposed are sufficient and has
approved the request for alternative compliance per the findings listed in Exhibit D. However, a
bicycle rack is required to be provided on the site capable of holding at least one bicycle.
Industrial Zoning: All buildings in the I -L zoning district are required to be set back 35 feet
from the street per UDC 11-2C-3.
Utilities: The Meridian Public Works Department will be extending sanitary sewer and water
service to this area as part of planned capital projects. The water extension is tentatively
scheduled for completion the summer of 2016. Design work is underway for the sanitary sewer,
and construction will be completed by December of 2017. Utility connections to the site are
Citadel Storage at Amity — ALT, AZ PAGE 10
EXHIBIT A
contingent on these extension plans. The DA will restrict the site from being developed until the
services are available.
Williams Pipeline: A 75 -foot easement for the Williams -Northwest Pipeline Corporation
transverses through the northeastern portion of the property. The Northwest Pipeline is a natural
gas pipeline that serves as a primary artery for the transmission of natural gas to the Pacific
Northwest and Intermountain Region. Those properties impacted by the easement must adhere to
the standards in the developer handbook provided by the gas company. Any improvements and
construction within the easement area will require the review and approval of the gas company
prior to the commencement of any construction.
Building Elevations: Structures within the proposed development that are visible from the street
or abutting properties are required to comply with the design review standards set forth in UDC
11-3A-19 and the guidelines contained in the Meridian Design Manual.
Building materials for the proposed storage structures/wall around the perimeter of the
development consist of split face CMU with accent mortar, ribbed metal wall accents and trim,
and metal roofing. The office will consist of two different colors of stucco and gates will be
powder coated. Staff is in favor of the design of the "tower" situated on the corner of the
property. It adds a very nice design element.
Along Meridian Road and Amity Road, masonry wall pop -out sections are proposed at
approximately 11 feet in height to provide the modulation and projects necessary to articulate
wall planes and break up building mass. The masonry wall will consist of split -face block with a
different color of mortar to accent and give a brick/stone appearance. The balance of the storage
facility will be fully enclosed by the 9+/- foot metal walls of the buildings and gates. See
elevations in Exhibit A.4. The UDC (11-3A-19) prohibits the use of prefabricated steel panels
as finish materials although they may be approved as an accent material. If proposed as a
finish material, the applicant may request alternative compliance approval in accord with
UDC 11-5B-5.
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.
Sidewalk: A minimum 5 -foot wide detached sidewalk is required around all buildings as well as
those serving public streets.
Waterways: The existing irrigation ditches have been tiled.
In summary staff finds the proposed project complies with the future land use map and applicable
policies of the Comprehensive plan and the UDC with the conditions of approval listed in Exhibit
B. Based on the aforementioned analysis, staff recommends approval of the subject application.
10. EXHIBITS
A. Drawings
1. Vicinity Map
2. Proposed Concept Plan (dated: 11/09/15)
Citadel Storage at Amity — ALT, AZ PAGE 1 I
EXHIBIT A
3. Proposed Landscape Plan (dated: 11/12/15)
4.
Proposed 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 Storage at Amity — ALT, AZ PAGE 12
EXHIBIT A
A. Drawings
1. Vicinity/Zoning Map
Vicinity Map o 0.175 0.35 0.7 lles 0
Citadel Storage at Amity — ALT, AZ PAGE 20
EXHIBIT A
2. Concept Plan (dated: 11/09/15)
Citadel Storage at Amity — ALT, AZ PAGE 21
`•F a "t ..0
P H
"
7
Citadel Storage at Amity — ALT, AZ PAGE 21
EXHIBIT A
3. Landscape Plan (dated: 11/12/15)
•Ltt
Citadel Storage at Amity — ALT, AZ PAGE 22
EXHIBIT A
4. Proposed Elevations
Citadel Storage at Amity — ALT, AZ PAGE 23
EXHIBIT A
B. Conditions of Approval
1. PLANNING DIVISION
1.1.1 A Development Agreement (DA) is required as a provision of annexation and zoning of this
property. Prior to annexation 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.
Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to
commencement of the DA. The DA shall be signed by the property owner and returned to the
Planning Division within two (2) years of the City Council granting annexation, approved by City
Council and recorded. The DA shall, at minimum, incorporate the following provisions:
a. Future development of the site shall be consistent with the design standards listed in UDC 11-
3A-19 and the guidelines in the Meridian Design Manual (or any updated versions thereof).
b. Development of this property shall substantially comply with the site plan included in Exhibit
A.2 and the building elevations included in Exhibit A.4.
c. If the site does not develop as a self-service storage facility, then Tthe developer
shall construct a minimum 20 -foot wide driveway and minimum 5 -foot wide
pathway/sidewalk along the east side of the property for access to the site from the future
collector street to the east and interconnectivity between the subject property and the future
uses.
d. The applicant shall obtain approval from I TD for the proposed emergency access to the
storage facility via S. Meridian Road.
e. A minimum 35 -foot wide street buffer shall be constructed along the entire frontage of the
site along S. Meridian Road and a minimum 25 -foot landscape buffer shall be provided along
E. Amity Road. Both landscape buffers shall be landscaped in accord with the standards
listed in UDC 11-313-5 and 11-313-7C.
f. All landscape and frontage improvements associated with the site including the landscape
buffers and the 10 -foot wide multi -use pathways shall be constructed with the first
exeept for- the area in between the Amity Read entfanee and the east property line, W-hieh may
be installed with the seeend phase to allow for- the extension of the sewef tr-unk line.
corresponding construction phase of the development.
g. Any development of land containing the 75 -foot wide gas line easement must comply with
the Northwest Pipeline Development Guidelines. An encroachment permit is required for any
improvements proposed within the pipeline easement.
h. Any future development of the site must comply with the City of Meridian ordinances in
effect at the time of development.
i. No Certificate of Occupancies will be allowed until water is available to the site.
Development of the second phase will not be allowed until sewer utilities are
available to the site; No development o the site will be allowed Until ,,,a;,ies e available
to the site.
j. No direct access to S. Meridian Road shall be permitted.
Citadel Storage at Amity — ALT, AZ PAGE 24
EXHIBIT A
1.2 Site Specific Conditions of Approval
1.2.1 A Certificate of Zoning Compliance and Design Review application is required to be submitted
and approved for the proposed structures and site design prior to issuance of building permits.
These applications should be submitted concurrently. The applicant must comply with the design
standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual or
any updated versions thereof. Note: The UDC (11-3A-19) prohibits the use of prefabricated steel
panels as finish materials although they may be approved as an accent material. If proposed as
a finish material, the applicant may request alternative compliance approval in accord with
UDC 11-5B-5.
2. PUBLIC WORKS DEPARTMENT
2.1 SITE SPECIFIC CONDITIONS OF APPROVAL
2.1.1 Sanitary sewer and water services are currently not available to the subject site. The Meridian
Public Works Department will be extending sanitary sewer and water service to this area as part
of planned capital projects. The water extension is tentatively scheduled for completion the
summer of 2016. Design work is underway for the sanitary sewer, and construction will be
completed by December of 2017.
2.1.3 A street light plan will need to be included as part of the project plan submittal package. Street
light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting.
A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272
2.2 GENERAL CONDITIONS OF APPROVAL
2.2.1 Applicant shall coordinate water and sewer main size and routing for their project with the Public
Works Department, and execute standard forms of easements for any mains that are required to
provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet,
if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used
in conformance of City of Meridian Public Works Departments Standard Specifications.
2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install d water
mains to and through this development. Applicant may be eligible for a reimbursement
agreement for infrastructure enhancement per MCC 8-6-5.
2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of
way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a
single utility, or 30 -feet wide for two. The easements shall not be dedicated via the plat, but
rather dedicated outside the plat process using the City of Meridian's standard forms. The
easement shall be graphically depicted on the plat for reference purposes. Submit an executed
easement (on the form available from Public Works), a legal description prepared by an Idaho
Licensed Professional Land Surveyor, which must include the area of the easement (marked
EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for
review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO
NOT RECORD. Add a note to the plat referencing this document. All easements must be
submitted, reviewed, and approved prior to development plan approval.
2.2.4 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
prior to receiving development plan approval.
Citadel Storage at Amity — ALT, AZ PAGE 25
EXHIBIT A
2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat
by the City Engineer.
2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting,
crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC
11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any
other applicable law or regulation.
2.2.7 Any existing domestic well system within this project shall be removed from domestic service per
City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at
(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic
purposes such as landscape irrigation if approved by Idaho Department of Water Resources
Contact Robert B. Whitney at (208)334-2190.
2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance
Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and
inspections (208)375-5211.
2.2.9 All development improvements, including but not limited to sewer and water, fencing, micro -
paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
2.2.10 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to the issuance of a plan
approval letter.
2.2.11 It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
2.2.12 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.2.13 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.2.14 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.2.15 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
2.2.16 The engineer shall be required to certify that the street centerline elevations are set a minimum of
3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least 1 -foot above.
2.2.17 The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation district
or ACHD. The design engineer shall provide certification that the facilities have been installed in
accordance with the approved design plans. This certification will be required before a certificate
of occupancy is issued for any structures within the project.
2.2.18 At the completion of the project, the applicant shall be responsible to submit record drawings per
the City of Meridian AutoCAD standards. These record drawings must be received and approved
prior to the issuance of a certification of occupancy for any structures within the project.
2.2.19 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. Applicant must file an application for surety, which can be found on the
Citadel Storage at Amity — ALT, AZ PAGE 26
EXHIBIT A
Community Development Department website. Please contact Land Development Service for
more information at 887-221.
3. I+IRE DEPARTMENT
3.1 The Fire Department has no concerns related to this application.
4. POLICE DEPARTMENT
4.1 The Police Department has no concerns related to this application.
5. PARKS DEPARTMENT
5.1 The City's Pathways Master Plan indicates a multi -use pathway crossing the subject property within
the pipeline easement. The developer shall provide a 10 foot wide sidewalk/pathway across its Amity
Road frontage to the intersection with Meridian Road. A public pedestrian pathway easement shall
be provided for the required sidewalk/pathway.
6. REPUBLIC SERVICES
6.1 The applicant shall provide carts for trash and recycling at the office.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 Comments have not yet been received from ACHD on this application.
Citadel Storage at Amity — ALT, AZ PAGE 27
EXHIBIT A
C. Legal Description and Exhibit Map
Sawt:c)oth Land 5urveyincj, [1C
5, ':ash [I I 7If I I f
November 9, 2016
Citadel III Annexation Legal
A parcel of land being Parcel A as shown on Record of Survey 9941, Ada County Records,
and a portion of S. Meriden Road right of way and a portion of E. Arnity Road right of Way,
located in Government Lot 1, of Section 31, T 3 K, R, I E, BJA., Ada County, Idaho, more
particularly described as follows;
BEGINNING at a brass cap marking the northwest corner of said Section 31;
Thence North 89"20'31" East, coincident with the north line of said Government Lot 1, a
distance of 961.56 feet to the northeast corner of said Parcel A;
Thence South 0039'29" East, coincident with the east line of said Parcel A, 738.29 feet to the
southeast corner of said Parcel A;
Thence North 89 22'32" West, coincident With the southerly line of said Parcel A, 524,32 feet;
Thence North 75124'32" West, coincident with the southerly line of said Parcel A, 37,91 feet;
Thence South 10'09'58" West, coincident with the southerly line of said Parcel A, 16036 feet;
Thence North 881146'41' West, coincident with the southerly line of said Parcel A, 390.16 feet
to a point on the westerly line of said Government Lot 1',
Thence North 0"37'28" East, coincident with said westerly line of Government Lot 1, a distance.
of 861.49 feet to the POINT OF BEGINNING.
The above described parcel contains 17,55 acres more or less.
End Description
N
Citadel Storage at Amity — ALT, AZ PAGE 28
EXHIBIT A
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Citadel Storage at Amity — ALT, AZ PAGE 29
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Citadel Storage at Amity — ALT, AZ PAGE 29
EXHIBIT A
D. Required Findings from Unified Development Code
1. Annexation & Zoning 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 annexation with the I -L zone is consistent with the
proposed MU -NR 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 the I -L zoning district is
consistent with the purpose statement of the industrial districts and the proposed uses will
provide a needed service to area residents
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. However, the Council considers any oral or written testimony that may be
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).
The Council feels the proposed annexation is in the best interest of the City if the
applicant enters into a development agreement
2. Alternative Compliance Findings:
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
nature of the use and the operational characteristics of a 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 (755 s.f.) and on the operational characteristics of the storage
facility use. Therefore, the Staff finds the seven (7) parking stalls proposed are adequate
to serve the site.
Citadel Storage at Amity — ALT, AZ PAGE 30
EXHIBIT A
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 Storage at Amity — ALT, AZ PAGE 31