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Stor-IT Self Storage H-2017-0071ADA COUNTY RECORDER Christopher D. Rich 2017-089823 BOISE IDAHO Pgs=30 BONNIE OBERBILLIG 09/22/2017 01:37 PM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Stor-It Self Storage LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this i day of ��, -, 2017, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and Stor-It Self Storage LLC, whose address is PO Box 140337, Boise, Idaho 83714, hereinafter called OWNER/ DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner 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 made 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 of approximately 11.86 acres of land from the RUT zoning district in Ada County to the I -L (Light Industrial) 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 annexation and zoning the Property held before the Planning & Zoning Commission, and subsequently before the City Council, includes responses of DEVELOPMENT AGREEMENT—STOR-IT SELF STORAGE (H-2017-0071) PAGE 1 OF 8 government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 8'h day of August, 2017, 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; 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 designations are in accordance with the amended Comprehensive Plan of the City of Meridian on October 11, 2016, Resolution No. 16- 1173, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to Stor-It Self Storage LLC, whose address is PO Box 140337, Boise, Idaho 83714, the party that owns and is developing said Property and shall include any subsequent owner(s)/developers of the Property. DEVELOPMENT AGREEMENT-STOR-IT SELF STORAGE (H-2017-0071) 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" describing the parcels to be re -zoned Light Industrial District (I -L) 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 this site shall be consistent with the design standards listed in UDC 11-3A-19 and the guidelines in the City of Meridian Architectural Standards Manual (or any updated versions thereof). b. Any future development of this site must comply with the City of Meridian ordinances in effect at the time of development. c. The site shall develop with a self -storage facility and shall comply with the specific use standards as set forth in the UDC 11-4-3-33 and 11-4-3-34. 6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months 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 DEVELOPMENT AGREEMENT -STOR-IT SELF STORAGE (H-2017-0071) PAGE 3 OF 8 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 third reading of the Meridian Zoning Ordinance in connection with the annexation and 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. DEVELOPMENT AGREEMENT-STOR-IT SELF STORAGE (H-2017-0071) PAGE 4 OF 8 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner/Developer agree to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City, or sufficient surety of performance is provided by Owner/Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer 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, ID 83642 Stor-It Self Storage LLC PO Box 140337 Boise, ID 83714 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 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 DEVELOPMENT AGREEMENT -STOR-IT SELF STORAGE (H-2017-0071) PAGE 5 OF 8 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 have fully performed their obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. 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 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. 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; acknowledgements, signatures, and Exhibits A and B follow] DEVELOPMENT AGREEMENT -STOR-IT SELF STORAGE (H-2017-0071) PAGE 6 OF 8 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: STOR-ITSELF STORAGE LLC, an Idaho limited liability company By: AVEST LIMITED PARTNERSHIP, Member of Stor-It Self Storage LLC By- ALLEN M- , ESTMENT CORPORATION, General Partner of Avest Limited Partnershi By: Roger A"56, ftre i ent of Allen Investment Corporation CITY OF MERIDIAN ,TED oJ,\7 of O W Mayor Talx// de Weerd \x '°" 10 Tar \� SEAL STATE OF IDAHO ) ss: County of Ada, ) ATTEST: Clerk On this Lj� day ofire; , 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared Roger H. Allen, known or identified to me to be the President of Allen Investment Corporation, the General Partner of Avest Limited Partnership, Member of Stor-It Self Storage 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 first above written. _ (SEAL) �,® Q -s( LA &j' /er e`er e.7+ror +rr rl,i'/� '� �✓ Jff e1 •- ` I d AUBL\G :' (P ®� l� rrrrbro0a �v Off' 0'P< Notary Public for Idaho Residing at: My Commission Expires: DEVELOPMENT AGREEMENT-STOR-IT SELF STORAGE (H-2017-0071) PAGE 7 OF 8 STATE OF IDAHO ) ss County of Ada ) On this - day of QJ� , 2017, before me, a Notary Public, personally appeared Tammy de Weerd and C.Jay Coles, 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. 00w r. (SEAL) ,� Notary Public for Idaho Residing at: nJyj j., p�, Commission expires: 3b V DEVELOPMENT AGREEMENT-STOR-IT SELF STORAGE (H-2017-0071) PAGE 8 OF 8 1,egal Description and Exhibit Map March 27, 2017 EXHIBIT A PARCEL. A �S- LJ STOR-1T SELF STORAGE LLC Quadrant Consulting, Inc. A parcel of land situated in a portion of the North 112 of the Southeast 1/4 of Section 34, Township 4 North, Range 1 West, Bolsa Meridian, Ada County, Idaho, is more particularly described as follows: Commencing at the East 114 corner of said Section 34, thence South 0' 53'04" West 660.91 feet along the East line of said Section 34 to a point, thence leaving said East line North 89' 14'441 West 425.10 feet to a point being the POINT OF BEGINNING; thence continuing North 890 14'44' West 898,43 feet; thence North 01' 12'32' East 102.60 feet; thence North 8B° 02' 56" West 91.14 feet; thence 98.58 feet along a curve to the left, said curve having a radius of 200.00 feet a delta angle of 28' 14'29" and a chord bearing and distance of North 40' 47'47" West 97.59 feet; thence North 54' 55' 01" West 98.65 feet; thence 27.70 feet along a curve to the right, said curve having a radius of 140.00 feet, a delta angle of 11' 20' 00" and a chord bearing and distance of North 49' 15' 01' West 27.65; feet; thence North 43' 35'01 " West 154.36 feet; thence 148.55 feet along a curve to the left, said curve having a radius of 583.00 feet a delta angle of 14' 36'00" and a chord bearing and distance of North 50' 53'01" West 148.15 feet; thence North 58' 11'01" West 138.17 feet; thence 14.21 feet along a curve to the right, said curve having a radius of 20.00 feet a delta angle of 40' 43'00" and a chord bearing and distance of North 37149' 31" West 13.91 feet; thence North 17' 28'01" West 130.82 feet; thence AL LANA South 89' 16'49" East 650.94 feet; thence SRF South 0' 48'42" 'Nest 328.00 feet; thence South 89' 16'49" East 881.88 feet; thence a South 1' 55' 56" East 333.01 feet; to the POINT OF BEGINNING; 9 ;3/27/7OI�r� -h- t, lF F)p OF � Said parcel contains 11.860 acres, more or less W. LON3 1904 Wes! O'fedand Road , Rolsro. I[) 83705 - Phone (20a) 342•CO91 , Fax (208) 342.0092 • Inlemel: guedmay6) uadranl�cc Civil Engineering - Surveying EXHIBIT A - Page 1 of 1 Scor-lt Self Storage — AZ EXHIBIT A @RAS Pic flit A rm K s Ir Xn mr Y _ $w R n 9 sanw u■ Z w p O �zon� y i z.a lz tiQ �q a > ^ �1' rpt 411 S y RI rl Y' al 4k U) As J� r,m + I �I F1 r 1 � � I +ui 1 I � " xcxw m+ uu Xaw F � u $ og C. g o a. g q? E p � Nr+ 9 OL Ma w 101. y s Y 4i A } x' do GA�R5 O ~ r -t f� Star -It Self Storage — AZ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0071 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Annexation & Zoning of 11.86 Acres of Land with an I-L Zoning District for Stor-It Self Storage, by Stor-It Self Storage LLP. Case No(s). H-2017-0071 For the City Council Hearing Date of: July 25, 2017 (Findings on August 8th, 2017) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 25, 2017, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 25, 2017, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 25, 2017, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 25, 2017, 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. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of July 25, 2017, incorporated by reference. The conditions are concluded to be EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0071 - 2 - 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 & zoning is hereby approved with the requirement of a development agreement with the provisions noted in the Staff Report for the hearing date of July 25, 2017, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six (6) month approval period. 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 July 25, 2017 By action of the City Council at its regular meeting held on the 2017. COUNCIL PRESIDENT KEITH BIRD COUNCIL VICE PRESIDENT JOE BORTON COUNCIL MEMBER ANNE LITTLE ROBERTS COUNCIL MEMBER TY PALMER COUNCIL MEMBER LUKE CAVENER COUNCIL MEMBER GENESIS MIL,AM MAYOR TAMMY de WEERD TIE BREAKER) Attest: Jay Col ity Clerk Mayor Tamm eerd QpjeD AUG G0 Z City of IDIAN* -- bk(E, IDAHO SEAL day of AL) , VOTED /CA VOTED YCot VOTED `A VOTED / e4 VOTED y(ti VOTED VOTED Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: C •Gf / [DA! Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0071 -3 - EXHIBIT A Stor-It Self Storage – AZ PAGE 1 STAFF REPORT Hearing Date: June 22, 2017 TO: Planning and Zoning Commission FROM: Josh Beach, Associate City Planner 208) 884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2017-0071 – Stor-It Self Storage at Ten Mile – AZ 1. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Stor-It Self Storage, LLP has submitted an application for annexation and zoning (AZ) of 11.86 acres of land with an I-L zoning district for Stor-It Self Storage. 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. The Meridian Planning & Zoning Commission heard these items on June 22, 2017. At the public hearing, the Commission moved recommend approval of the project. a. Summary of Commission Public Hearing: i. In favor: Craig Callaham ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. None c. Discussion by Commission: i. Whether or not an emergency access is going to be required through the parcel for the adjacent business. d. Commission Change(s) to Staff Recommendation: i. None e. Outstanding Issue(s) for City Council: i. None The Meridian City Council heard this item on July 25, 2017. At the public hearing, the Council approved the subject AZ request. a. Summary of City Council Public Hearing: i. In favor: Joann Butler ii. In opposition: None iii. Commenting: Karoly Foldesi, Virginia Donosa, Craig Callaham iv. Written testimony: Craig Callaham (applicant) v. Staff presenting application: Josh Beach vi. Other staff commenting on application: None EXHIBIT A Stor-It Self Storage – AZ PAGE 2 b. Key issue(s) of Public Testimony: i. Fencing around the proposed facility ii. Location of access and emergency access c. Key Issues of Discussion by Council: i. Staff’s requirement to provide emergency access for the Citadel Storage facility to the north d. Key Council Changes to Staff/Commission Recommendation i. Remove condition 1.1.1C 3. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to recommend approval of File Number H-2017-0071 as presented in staff report for the hearing date of June 22, 2017 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to recommend denial of File Number H-2017-0071 as presented in staff report for the hearing date of June 22, 2017 for the following reasons: (You should state specific reason(s) for denial.) Continuance I move to continue File Numbers H-2017-0071 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: 3735 N. Ten Mile Road (Parcel # S0434417410) The site is located in the SE ¼ of Section 34, Township 4N., Range 1W. b. Owner/Applicant: Stor-It Self Storage, LLP P.O. Box 140338 Boise, ID 83714 c. Representative: Craig Callaham, Quadrant Consulting 1904 W. Overland Road Boise, ID 83705 d. Applicant's Request: Please see applicant’s narrative for this information. 5. PROCESS FACTS a. The subject application is for annexation and 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: June 2, 2017 c. Radius notices mailed to properties within 300 feet on: May 25, 2017 d. Applicant posted notice on site by: June 11, 2017 6. LAND USE EXHIBIT A Stor-It Self Storage – AZ PAGE 3 a. Existing Land Use(s): The subject property consists of rural residential land; zoned RUT in Ada County. b. Description of Character of Surrounding Area and Adjacent Land Uses and Zoning: North: Industrial property, zoned I-L East: N. Ten Mile Road and single-family homes in the Isola Creek Subdivision, zoned R-4 South: Industrial (Existing Stor-It Self Storage) property, zoned I-L West: City of Meridian Wastewater Facility, Zoned I-L c. History of Previous Actions: Prior to submitting an application to the city, the applicant processed a property boundary adjustment through Ada County and removed the 35 foot strip of property from their parcel. This property now has no street frontage ontyo Ten Mile Road. d. Utilities: 1. Public Works: Location of sewer: This proposal does not require sewer service. Location of water: A water main intended to provide service to the subject site currently exists in two locations along the south boundary, and another connection is currently being installed along the north boundary in the Citadel Storage Facility. Issues or concerns: Applicant shall be required to make water connections with each of the available sources, as well as stub a water main to the north boundary in the western portion of the facility. e. Physical Features: 1. Canals/Ditches Irrigation: The Creason Laterals runs adjacent to the west side of the property. 2. Hazards: Staff is unaware of any hazards that may exist on the site. 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 this 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. For example, MU-NR areas are used near the City’s waste water treatment plant and where there are mining, heavy industrial or other hazardous operations. The City envisions a wide variety of non-residential land uses may occur in MU-NR areas. Employment opportunities, professional offices, warehousing, flex buildings, and storage uses as well as retail uses are envisioned. Developments are encouraged to be designed similar to the conceptual MU-NR plan depicted in Figure 3-6. See pages 31-32 in the Comprehensive Plan for more information. 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. EXHIBIT A Stor-It Self Storage – AZ PAGE 4 Where mixed use developments are phased, a conceptual site plan for the entire mixed use area is encouraged. In developments where multiple commercial 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 Maps 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. If approved, this project would be an expansion of the existing Stor-It facility immediately to the south. This project is a single use, but part of a larger MU-NR area that surrounds the Wastewater Treatment Plant, so staff does envision a mix of uses developing in the area. There is a mix of commercial near the intersection of Ustick and Ten Mile Roads and across the street will be a park and future single family homes. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics): EXHIBIT A Stor-It Self Storage – AZ PAGE 5 Plan for a variety of commercial and retail opportunities within the Impact Area.” (3.05.01J) With the increase of residential units in the area, the proposed storage facility will contribute to the variety of uses in the northern part of the city and will provide a needed service for nearby residents. Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) The proposed development is contiguous to annexed parcels and city services are available. 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: Per UDC 11-3B-9, a 25-foot ;landscape buffer is required adjacent to the County residence just east of the project. E. Off-Street Parking: As proposed, there is no off-street parking required or proposed for this project. F. Self-Service Uses: UDC 11-3A-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 Architectural Standards Manual (ASM). 9. ANALYSIS Analysis of Facts Leading to Staff Recommendation: 1. AZ: The applicant requests annexation and zoning of 11.860 acres of land with an I-L zoning district, consistent with the MU-NR land use designation. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed. 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 EXHIBIT A Stor-It Self Storage – AZ PAGE 6 application, staff recommends a DA as a provision of annexation with the conditions included in Exhibit B. 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 5’ to 38’ X 52’ totaling 257,874 square feet. The applicant proposes to construct the facility in two phases, with approximately 139,089 square feet of storage in the first phase, and 118,785 square feet in the second phase. 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 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. 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. This property has no street frontage. 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 abuts a residential use directly to the east adjacent to Ten Mile Road. 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 from UDC 11-3A-16 below). H. The facility shall have a second means of access for emergency purposes. A secondary access exists out to N. Ten Mile Road, along the eastern boundary of the site just north of the main entrance. The existing access was constructed with the existing Stor-It facility that abuts the project site immediately to the south. I. All outdoor storage of material shall be maintained in an orderly manner so as not to create a public nuisance. Materials shall not be stored within the required yards. Stored items shall not block sidewalks or parking areas and may not impede vehicular or pedestrian traffic. The applicant shall comply with this requirement. EXHIBIT A Stor-It Self Storage – AZ PAGE 7 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. There is an existing entrance to the facility with the previously approved section of the storage facility. No new entrance is proposed. 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. 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 Architectural Standards Manual. Landscaping: A landscape plan was not submitted with this application. There is a 25-foot landscape buffer required adjacent to the single family home that is adjacent to the east side of this property. Parking: As proposed, there is no parking required for the project. Parking isn’t required for storage facilities because the trips are usually quick, and there is sufficient blacktop area to accommodate parking as needed. 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. Access: Direct access to N. Ten Mile Road is not proposed for this section of the storage facility. As mentioned above, this will be an expansion of the existing Stor-It facility to the south, so no new access is proposed or required. Utilities: Sanitary sewer service to the proposed development will only be needed for the manager’s office adjacent to N. Ten Mile Road, and therefore no new mainlines will be needed. Though sewer is not required for this portion of the Stor-It facility, water is required. The property to the north was recently approved as a self-storage facility, and with that, staff required that applicant to stub water to the south property line. The applicant will need to coordinate with that property owner and public works to construct water mains to and through the project from the existing mainline in N. Ten Mile Road. Emergency Access: The property to the north (Citadel Storage) was required to provide an emergency access in order to develop a portion of their site. With a public works condition to loop water through both developments, the applicant shall provide an emergency access and EXHIBIT A Stor-It Self Storage – AZ PAGE 8 utility easement from the cross-access and through the subject property out to N. Ten Mile Road. The applicant shall coordinate with the adjacent property owner (Parcel # S0434417200) and with the Public Works Department on the location of the required easements. Master Street Map: The master street map shows a future collector roadway crossing the property; however, staff received comments from ACHD stating that they have no concerns with the subject annexation. 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 Architectural Standards Manual. Building materials for the proposed storage structures/wall around the perimeter of the development consist of ribbed metal walls and trim and metal roofing. 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 Architectural Standards Manual. 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: 04/04/2017) 3. 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 EXHIBIT A Stor-It Self Storage – AZ PAGE 20 A. Drawings 1. Vicinity/Zoning Map EXHIBIT A Stor-It Self Storage – AZ PAGE 21 2. Site Plan (dated: 04/04/2017) EXHIBIT A Stor-It Self Storage – AZ PAGE 22 3. Proposed Elevations EXHIBIT A Stor-It Self Storage – AZ PAGE 23 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. A Certificate of Zoning Compliance application will not be accepted until the ordinance and development agreement are recorded. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting 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 City of Meridian Architectural Standards Manual (or any updated versions thereof). b. Any future development of the site must comply with the City of Meridian ordinances in effect at the time of development. c. The applicant shall provide an emergency access and utility easement (water connection noted in 2.1.1 below) from the required cross-access and through the subject property out to N. Ten Mile Road. The applicant shall coordinate with the adjacent property owner (Parcel # S0434417200) and with the Public Works Department on the location of the required easements. cd. The site shall develop with a self-storage facility and shall comply with the specific use standards as set forth in the UDC 11-4-3-33 and 11-4-3-34. 2. PUBLIC WORKS DEPARTMENT 2.1.1 A water main intended to provide service to the subject site currently exists in two locations along the south boundary, and another connection is currently being installed along the north boundary in the Citadel Storage Facility. Applicant shall be required to make water connections with each of the available sources, as well as stub a water main to the north boundary in the western portion of the facility. 2.1.2 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. 2.1.3 Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 2.1.4 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 EXHIBIT A Stor-It Self Storage – AZ PAGE 24 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 development plan approval. 2.1.6 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. 2.1.7 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. 2.1.8 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. 2.1.9 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.1.10 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. 2.1.11 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. 2.1.12 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.1.13 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.1.14 All grading of the site shall be performed in conformance with MCC 11-1-4B 2.1.15 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. 2.1.16 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. 2.1.17 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. 2.1.18 Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental EXHIBIT A Stor-It Self Storage – AZ PAGE 25 Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 2.1.19 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. Please contact Land Development Service for more information at 887-2211. 3. FIRE DEPARTMENT 3.1 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. 3.2 All common driveways shall be straight or have a turning radius of 28’ inside and 48’ outside and have a clear driving surface of 20’ in width capable of supporting an imposed weight of 75,000 GVW, per International Fire Code Section 503.2. 3.3 Private Alleys and Fire Lanes shall have a 20’ wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 3.4 Commercial and office occupancies will require a fire-flow consistent with International Fire Code Appendix B to service the proposed project. Fire hydrants shall be placed per Appendix C. 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns related to this application. 5. PARKS DEPARTMENT 5.1 The Parks Department has no concerns related to this application. 6. REPUBLIC SERVICES 6.1 Republic Services has no comment on this application, 7. ADA COUNTY HIGHWAY DISTRICT 7.1 ACHD had no comments on this application. EXHIBIT A Stor-It Self Storage – AZ PAGE 26 C. Legal Description and Exhibit Map EXHIBIT A Stor-It Self Storage – AZ PAGE 27 EXHIBIT A Stor-It Self Storage – AZ PAGE 28 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 to I-L 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 11-5B-3.E). Per the above findings, The Council feels the proposed annexation is in the best interest of the City if the applicant enters into a DA with the City and develops the property as outlined in Exhibit B above.