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Elevate Franklin Storage (H-2018-0109 & H-2019-0072)ADA COUNTY RECORDER Phil McGrane 2019-082758 BOISE IDAHO Pgs=38 NIKOLA OLSON 09/04/2019 12:13 PM CITY OF MERIDIAN, IDAHO NO FEE PARTIES: 1. City of Meridian 2. Ten Mile Development, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into thisdayday of SaAemba—, 2019, 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 Ten Mile Development, LLC, whose address is 1409 N. Main Street, Ste, 109, Meridian, Idaho 83642, hereinafter called OWNER/DEVELOPER., 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 § 67-6511 A 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 (H-2018-0109) for a Development Agreement Modification for the property described in Exhibit "A" to be removed from previous Development Agreements (Instrument #106002636 and #111028916) and for the re -zoning of 1,647 acres of land from L-0 ( Limited Office) to R-15 (Medium High Density Residential) zoning district; and also submitted an application (H-2019-0072) to Modify the terms of the not yet recorded Development Agreement in accord with the recently approved UDC text amendment pertaining to self-service storage facilities, under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT— ELEVATE FRANKLIN STORAGE (H-2018-0109 &H-2019-0072) PAGE 1 OF 8 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a S e p t e m b e r 3 , 2 0 1 9 – P a g e 1 4 1 o f 2 4 5 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a S e p t e m b e r 3 , 2 0 1 9 – P a g e 1 4 2 o f 2 4 5 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a S e p t e m b e r 3 , 2 0 1 9 – P a g e 1 4 3 o f 2 4 5 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a S e p t e m b e r 3 , 2 0 1 9 – P a g e 1 4 4 o f 2 4 5 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a S e p t e m b e r 3 , 2 0 1 9 – P a g e 1 4 5 o f 2 4 5 21.1 No condition governing the uses and/or conditions governing re -zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A, B and C follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWN"EVELOPER: Ten Mile Development, LLC CITY OF LI -A ATTEST: D A UGv S P" k fly of a E IDIAN-.- IDAHO SEAL/ DEVELOPMENT AGREEMENT — ELEVATE FRANKLIN STORAGE (H-2018-0109 & H-2019-0072) PAGE 7 OF 8 STATE OF IDAHO ) ss: County of Ada, ) On this It -day of OULUM42019, before me, the undersigned, a Notary Publip in and for said State, personally appeared e 4 Cinown or identified to me to be the of Ten Mile Development, LLC, he person who signed above and acknowledged to me that he executed the same on behalf of said corporation. 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) otary o�Ida ASHLEY A JENSEN Residing aV Notary Public State of Idaho _ Commission Number 20180891 My Commission Expires: y���ts .1) My Commission Expires May 15, 2024 )) STATE OF IDAHO ) : ss County of Ada ) J�d S On this day of ber , 2019, befor�ta Notary Public, personally appeared j0 e—b0r-�V r� and Chris Johnson, known or identified tome to be the Vftr,. 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. ARLENE WAY Notary Public fo Idaho ,�� {� Residing at: `'V 10t Jw" -0 COMMISSION #67390 Commission expires: �2) al$ -c3109L,'�, NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 3/28/22 DEVELOPMENT AGREEMENT — ELEVATE FRANKLIN STORAGE (H-2018-0109 & H-2019-0072) PAGE 8 OF 8 E X H I B I T A M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a S e p t e m b e r 3 , 2 0 1 9 – P a g e 1 4 8 o f 2 4 5 E X H I B I T B M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a S e p t e m b e r 3 , 2 0 1 9 – P a g e 1 4 9 o f 2 4 5 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a S e p t e m b e r 3 , 2 0 1 9 – P a g e 1 5 0 o f 2 4 5 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0109 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Modification to the Existing Development Agreement to Remove the Subject Property from the Agreement; and a Rezone of 3.53 Acres of Land from the L-O to the R-15 Zoning District for Elevate Franklin Storage, by Ten Mile Development, LLC. Case No(s). H-2018-0109 For the City Council Hearing Date of: December 4, 2018 (Findings on December 18, 2018) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of December 4, 2018, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of December 4, 2018, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 4, 2018, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of December 4, 2018, 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. Meridian City Council Meeting Agenda December 18, 2018 – Page 148 of 702 Exhibit B Meridian City Council Meeting Agenda September 3, 2019 – Page 151 of 245 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0109 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of December 4, 2018, 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 a modification to the development agreement and rezone with the requirement of a new development agreement is hereby approved per the provisions in the Staff Report for the hearing date of December 4, 2018, 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 December 4, 2018 Meridian City Council Meeting Agenda December 18, 2018 – Page 149 of 702Meridian City Council Meeting Agenda September 3, 2019 – Page 152 of 245 By action of the City Council at its regular meeting held on the 2018. COUNCIL PRESIDENT JOE BORTON COUNCIL VICE PRESIDENT LUKE CAVENER COUNCIL MEMBER ANNE LITTLE ROBERTS COUNCIL MEMBER TY PALMER COUNCIL MEMBER TREG BERNT 18 -vn day of VOTED VOTED 6 VOTED VOTED VOTED COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED TIE BREAKER) e'er/sY Mayor T 64eerd A7ttest: 1 Cray Col City Clerk Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: Dated: City Clerk's Office 0 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0109 - 3 - Meridian City Council Meeting Agenda September 3, 2019 – Page 153 of 245 EXHIBIT A Page 1 STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT DATE: 12/4/2018 TO: City Council FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Elevate Franklin Storage H-2018-0109 PROPERTY LOCATION: 3755 W. Perugia Street I. PROJECT DESCRIPTION The Applicant has submitted an application for a modification to the existing Development Agreement (Instrument No. 106002636) to remove the subject property from the agreement ; and a rezone of 3.53 acres of land from the L-O to the R-15 zoning district. A rezone is requested for the development of an accessory self-service storage facility for the existing multi-family development to the north (i.e. Silver Oaks). II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 3.53 Future Land Use Designation MHDR (TMISAP) Existing Land Use Vacant/undeveloped Proposed Land Use(s) Self-service storage facility (accessory use to the multi- family development to the north) Current Zoning L-O Proposed Zoning R-15 Lots (# and type; bldg/common) NA Phasing plan (# of phases) 1 Physical Features (waterways, hazards, flood plain, hillside) Kennedy Lateral runs along west boundary of site Neighborhood meeting date; # of attendees: 07/25/2018; no attendees Meridian City Council Meeting Agenda December 18, 2018 – Page 151 of 702Meridian City Council Meeting Agenda September 3, 2019 – Page 154 of 245 Page 2 Description Details Page History (previous approvals) AZ-05-016 (Silver Oaks DA #106002636 – requires CUP approval of all future development); CUP-05-024 expired); FP-06-011 (Lot 1, Block 1, Umbria Subdivision; MDA-10-011 (amended DA Inst. 111028916) B. Community Metrics Description Details Page Ada County Highway District Staff report (yes/no) No Requires ACHD Commission Action yes/no) No Access (Arterial/Collectors/State Hwy/Local)(Existing and Proposed) Proposed access via W. Perugia St. (local street); secondary emergency access via N. Umbria Hills Ave. (local street) Traffic Level of Service NA Stub Street/Interconnectivity/Cross Access Existing Road Network Existing Arterial Sidewalks / Buffers Proposed Road Improvements Fire Service No comment Police Service No comment Wastewater No comment Water No comment COMPASS (Communities in Motion 2040) No Comments received Meridian City Council Meeting Agenda December 18, 2018 – Page 152 of 702Meridian City Council Meeting Agenda September 3, 2019 – Page 155 of 245 Page 3 C. Project Area Maps Future Land Use Map Aerial Map Zoning Map Planned Development Map III. APPLICANT INFORMATION A. Applicant Ten Mile Development, LLC 1409 N. Main St., Ste. 109 Meridian, ID 83642 B. Owner: Same as Applicant C. Representative: Becky McKay, Engineering Solutions, LLP Meridian City Council Meeting Agenda December 18, 2018 – Page 153 of 702Meridian City Council Meeting Agenda September 3, 2019 – Page 156 of 245 Page 4 1029 N. Rosario St., Ste. 100 Meridian, ID 83642 IV. NOTICING A. Newspaper notification published on: 10/12/2018 (Commission); 11/16/2018 (City Council B. Radius notice mailed to properties within 300 feet on: 10/9/2018 (Commission); 11/13/2018 (City Council) C. Applicant posted notice on site on: 10/21/2018 (Commission); 11/24/2018 (City Council) D. Nextdoor posting: 10/9/2018 (Commission); 11/13/2018 (City Council) V. STAFF ANALYSIS A. Comprehensive Plan Policies: Per the TMISAP, medium-high density residential designated areas are recommended primarily for relatively dense multi-family housing types, such as row houses, townhouses, condominiums and apartment buildings and complexes. They should include a mix of housing types that achieve an overall average density target of 12 units per gross acre. Although primarily a residential designation, a limited amount of other land use types are also located in MHDR areas (see pgs.3- 6 and 3-7 in the TMISAP for more information). Require appropriate landscaping and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.).” (3.06.02F) Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D) Require screening and landscape buffers on all development requests that are more intense than adjacent residential properties.” (3.06.01G) 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) Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets).” (3.03.02O) B. Existing Structures/Site Improvements: None C. Existing Zoning L-O D. Proposed Zoning/Use R-15; self-service storage facility – accessory to the adjacent multi-family development (i.e. Silver Oaks to the north) (only allowed as an accessory use) E. Dimensional Standards: See UDC Table 11-2A-7 http://www.sterlingcodifiers.com/codebook/index.php?book_id=306 F. Specific Use Standards: The proposed use is subject to the following standards: 11-4-3-34: STORAGE FACILITY, SELF-SERVICE: Meridian City Council Meeting Agenda December 18, 2018 – Page 154 of 702Meridian City Council Meeting Agenda September 3, 2019 – Page 157 of 245 Page 5 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. B. On site auctions of unclaimed items by the storage facility owners shall be allowed as a temporary use in accord with UDC 11-3E, Temporary Use Requirements. C. The distance between structures shall be a minimum of twenty five feet (25'). complies D. The storage facility shall be completely fenced, walled, or enclosed and screened from public view. Where abutting a residential district or public road, chainlink shall not be allowed as fencing material. The facility will be completely screened from public view by the rear of the structures. E. If abutting a residential district, the facility hours of public operation shall be limited to six o'clock (6:00) A.M. to eleven o'clock (11:00) P.M. 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 otherwise required by this title. Landscaping shall be provided as set forth in subsection 11-3B-9C of this title. NA G. If the use is unattended, the standards in accord with section 11-3A-16, "Self-Service Uses", of this title shall also apply. H. The facility shall have a second means of access for emergency purposes. complies 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. J. The site shall not be used as a "vehicle wrecking or junk yard" as herein defined. 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. (Ord. 13-1555, 5-14-2013)” G. Concept Plan: A concept plan was submitted that depicts an indoor storage facility with several different sizes of storage units ranging in size from 5’ x 5’ to 10’ x 20’. H. Access: Access via W. Perugia St.; secondary emergency access via N. Umbria Hills Ave. In accord with UDC 11-3A-3A and the Comprehensive Plan, Staff recommends a road trust is submitted to ACHD for half the cost of construction of a bridge over the Kennedy Lateral and extension of W. Perugia Street to the west to Parcel #S121034712; the road trust should be submitted to ACHD prior to issuance of the first building permit for the proposed development. Note: With Umbria Subdivision, a similar road trust was required of the Applicant that was held for several years but eventually released by ACHD. Staff anticipates the property to the west developing in the near future and with the road trust, construction of the bridge could occur. I. Parking: Per UDC 11-3C-6B.1, parking is based on gross floor area of office space for self-service storage facilities. An 800 square foot office is proposed, therefore, a minimum of one (1) parking space is required; two (2) spaces are proposed with one of those being an ADA space. Because an employee will likely use one of those spaces and a visitor may not be able to use the ADA space, Meridian City Council Meeting Agenda December 18, 2018 – Page 155 of 702Meridian City Council Meeting Agenda September 3, 2019 – Page 158 of 245 Page 6 Staff recommends at least one (1) additional space is provided for a minimum of 3 total spaces. The associated multi-family development is currently experiencing issues with parking due to residents using the garages for storage rather than parking. The proposed accessory storage should provide for the storage needs of residents and free up garage space for parking, which should reduce parking issues within the multi-family development. J. Sidewalks: Five-foot wide attached sidewalks exist along W. Perugia St. and N. Umbria Hills Ave.; a 5-foot wide detached sidewalk exists along W. Franklin Rd. K. Pathways: None required L. Landscaping A 10-foot wide street buffer is required to be constructed along N. Umbria Hills Ave. and W. Perugia St., both local streets; and a 25-foot wide buffer is required along W. Franklin Rd., an arterial street, as set forth in UDC Table 11-2A-7. Landscaping is required to be provided within the buffers as set forth in UDC 11-3B-7C. The proposed landscape plan is in compliance with the aforementioned standards. M. Waterways: The Kennedy Lateral runs along the west boundary of this site. The City Council previously approved a waiver to UDC 11-3A-6 to allow the lateral to remain open and not be piped (FP-06- 011). N. Fencing: All fencing is required to comply with the standards listed in UDC 11-3A-6 and 11-3A-7. Fencing is not depicted on the plan. To preserve public safety, Staff recommends fencing is installed along the Kennedy Lateral to prohibit access to the waterway in accord with the standards listed in UDC 11-3A-6C.3. Further, Staff recommends 6-foot all wrought iron fencing is provided consistent with that to the north installed with the multi-family development. O. Utilities VI. DECISION A. Staff: Staff recommends approval of the proposed development agreement modification and rezone with the requirement of a new development agreement including the provisions in Section VIII of this report. B. Commission Recommendation to Council The Meridian Planning & Zoning Commission heard this item on November 1, 2018. At the public hearing, the Commission moved to recommend approval of the subject RZ request. a. Summary of Commission Public Hearing: i. In favor: Becky McKay, Engineering Solutions (Applicant’s Representative); Heath Quist; Jesse Bennett ii. In opposition: None iii. Commenting: Mike Green Meridian City Council Meeting Agenda December 18, 2018 – Page 156 of 702Meridian City Council Meeting Agenda September 3, 2019 – Page 159 of 245 Page 7 iv. Written testimony: None v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. In favor of the storage facility in close proximity to the apartments. c. Key Issues of Discussion by Commission: i. Whether or not the Applicant should be required to construct or contribute to the cost of construction of the bridge/culvert across the Kennedy Lateral; ii. The time frame in which residents of the multi-family development can leave their items in the storage facility after they move out. d. Commission Change(s) to Staff Recommendation: i. Strike condition #2e requiring a road trust to be submitted to ACHD for half the cost of construction of a bridge over the Kennedy Lateral; ii. Condition #2b – Include an allowance for existing renters to lease space for up to one (1) year after they move out of the multi-family development; iii. Include a requirement for the Developer to work with the adjacent property owner to the west to come up with a cost share agreement for construction of a bridge/culvert over the Kennedy Lateral prior to the Council hearing (see condition A.2.k); iv. Modify condition #B.2 to allow the sewer and water easements to be submitted and reviewed along with the development plan approval rather than with the plat since there is not plat; v. Modify condition #B.3 to exclude the Kennedy Lateral from the requirement for irrigation facilities to be piped. e. Outstanding Issue(s) for City Council: i. Cost share agreement with the adjacent property owner to the west for construction of a bridge/culvert across the Kennedy Lateral. The Commission directed the applicant to come up with an agreement with the adjacent property owner prior to the Council hearing. The Meridian City Council heard these items on December 4, 2018. At the public hearing, the Council approved the subject MDA and RZ requests. a. Summary of City Council Public Hearing: i. In favor: Becky McKay, Engineering Solutions (representing the Applicant); Graye Wolfe i. In opposition: None ii. Commenting: None iii. Written testimony: James Doolin, Land Development Partners, representing property owner to the west (declined a cost share agreement for construction of the crossing over the Kennedy Lateral) iv. Staff presenting application: Sonya Allen, Caleb Hood v. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. Applicant would like the ability to rent storage units to the general public as well as residents of the multi-family development to the north; c. Key Issues of Discussion by Council: i. A stand-alone storage facility isn’t allowed in the proposed R-15 district nor is it contemplated in the TMISAP; ii. An amendment to the TMISAP and/or map and rezone would be necessary for a stand-alone storage facility on this site. d. Key Council Changes to Staff/Commission Recommendation Meridian City Council Meeting Agenda December 18, 2018 – Page 157 of 702Meridian City Council Meeting Agenda September 3, 2019 – Page 160 of 245 Page 8 i. None VII. EXHIBITS A. Site Plan Meridian City Council Meeting Agenda December 18, 2018 – Page 158 of 702Meridian City Council Meeting Agenda September 3, 2019 – Page 161 of 245 Page 9 B. Landscape Plan Meridian City Council Meeting Agenda December 18, 2018 – Page 159 of 702Meridian City Council Meeting Agenda September 3, 2019 – Page 162 of 245 Page 10 C. Building Elevations Meridian City Council Meeting Agenda December 18, 2018 – Page 160 of 702Meridian City Council Meeting Agenda September 3, 2019 – Page 163 of 245 Page 11 D. Legal Description & Exhibit Map for Rezone Boundary Meridian City Council Meeting Agenda December 18, 2018 – Page 161 of 702Meridian City Council Meeting Agenda September 3, 2019 – Page 164 of 245 Page 12 Meridian City Council Meeting Agenda December 18, 2018 – Page 162 of 702Meridian City Council Meeting Agenda September 3, 2019 – Page 165 of 245 Page 13 VIII. CITY/AGENCY COMMENTS A. Planning Division 1. The existing Development Agreement (Inst. #106002636, amended Inst. #111028916) shall be revised to exclude the subject property from the agreement. 2. A new Development Agreement (DA) is required as a provision of the rezone of this property. Prior to rezone ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of ordinance adoption, and the developer. A Certificate of Zoning Compliance and Design Review application will not be accepted until the Ordinance and DA 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 the rezone for approval by City Council and subsequent recordation. The DA shall, at a minimum, incorporate the following provisions: a. Future development of the subject property shall be generally consistent with the conceptual development plan and elevations approved with H-2018-0109 and the provisions included herein. b. The storage facility is allowed to operate in conjunction with and as an accessory use to the multi-family development to the north (i.e. Silver Oaks) and shall only provide storage service for residents of the multi-family development. Providing storage service for non-residents (i.e. the general public) is prohibited. Existing renters can lease space for up to one (1) year after they move out of the multi-family development. c. The Developer/Owner shall comply with the specific use standards listed in UDC 11- 4-3-34, Storage Facility, Self-Service, as follows: i. 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. ii. On site auctions of unclaimed items by the storage facility owners shall be allowed as a temporary use in accord with UDC 11-3E, Temporary Use Requirements. iii. If the use is unattended, the standards listed in UDC 11-3A-16, Self-Service Uses, shall apply as follows, “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.” iv. 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. v. The site shall not be used as a "vehicle wrecking or junk yard" as herein defined. vi. 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. (Ord. 13-1555, 5-14-2013) Meridian City Council Meeting Agenda December 18, 2018 – Page 163 of 702Meridian City Council Meeting Agenda September 3, 2019 – Page 166 of 245 Page 14 e. Submit a road trust to ACHD for half the cost of construction of a bridge over the Kennedy Lateral and extension of W. Perugia Street prior to issuance of the first building permit for the development. f. Provide a minimum of three (3) parking spaces on the site for employee and visitor parking. g. To preserve public safety, a fence shall be installed along the Kennedy Lateral to prohibit access to the waterway in accord with the standards listed in UDC 11-3A- 6C.3. h. Six-foot tall wrought iron fencing is required to be constructed on the site along the Kennedy Lateral in accord with the standards listed in UDC 11-3A-6 and 11-3A-7. i. The hours of operation for the storage facility shall be limited to 6:00 am to 11:00 pm in accord with UDC 11-4-3-34E. j. All future structures shall comply with the design standards listed UDC 11-3A-19 and the Architectural Standards Manual, and the policies in the Ten Mile Interchange Specific Area Plan. k. The Developer shall work with the adjacent property owner to the west to come up with a cost share agreement for construction of a bridge/culvert over the Kennedy Lateral prior to the City Council hearing. The adjacent property owner declined participating in a cost share agreement. B. Public Works Department 1. Applicant shall coordinate water and sewer main size and routing 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. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way for review along with the development plan review (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. 3. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being developed shall be tiled per UDC 11-3A-6, except for the Kennedy Lateral which Council previously allowed to remain open through a waiver to UDC 11-3A-6 (FP-06-011). In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Meridian City Council Meeting Agenda December 18, 2018 – Page 164 of 702Meridian City Council Meeting Agenda September 3, 2019 – Page 167 of 245 Page 15 4. 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. 5. 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. 6. Street signs are to be in place, water system shall be approved and activated, and at a minimum, a compacted gravel road base shall be in place prior to applying for building permits. 7. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. 8. 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. 9. 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. 10. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 11. Developer shall coordinate mailbox locations with the Meridian Post Office. 12. All grading of the site shall be performed in conformance with MCC 11-12-3H. 13. 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. 14. 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. 15. 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. 16. 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 Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. Department of Environmental Quality (DEQ): http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=156415&dbid=0 D. Idaho Transportation Department (ITD): http://weblink.meridiancity.org/weblink8/0/doc/156918/Page1.aspx Meridian City Council Meeting Agenda December 18, 2018 – Page 165 of 702Meridian City Council Meeting Agenda September 3, 2019 – Page 168 of 245 Page 16 E. Ada County Highway District (ACHD): http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=157495&dbid=0 IX. FINDINGS Annexation/Rezone (UDC 11-5B-3E): Upon recommendation from the commission, the council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the council shall make the following findings: A. The map amendment complies with the applicable provisions of the comprehensive plan; The City Council finds the proposed map amendment from L-O to R-15 is consistent with the MHDR FLUM designation and the applicable provisions in the Comprehensive Plan as noted in Section VI. B. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds the proposed map amendment complies with the regulations for the proposed R-15. C. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds the proposed map amendment should not be detrimental to the public health, safety and welfare. 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 City Council finds the proposed map amendment will not result in an adverse impact on delivery of services as stated. E. The annexation (as applicable) is in the best interest of city. This finding does not apply since the application is for a rezone, not annexation. Meridian City Council Meeting Agenda December 18, 2018 – Page 166 of 702Meridian City Council Meeting Agenda September 3, 2019 – Page 169 of 245 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2019-0072 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Modification to the Terms of the Draft Development Agreement approved with Elevate Franklin Storage Rezone (File No. H-2018-0109) in Accord with the Recently Approved Self-service Storage Facilities, Residential Text Amendment, by Ten Mile Development, LLC. Case No(s). H-2019-0072 For the City Council Hearing Date of: July 23, 2019 (Findings on August 6, 2019) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 23, 2019, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 23, 2019, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 23, 2019, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 23, 2019, 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. Meridian City Council Meeting Agenda August 6, 2019 – Page 170 of 400 EXHIBIT C Meridian City Council Meeting Agenda September 3, 2019 – Page 170 of 245 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2019-0072 2 - 7. That this approval is subject to the provisions listed in the attached Staff Report for the hearing date of July 23, 2019, 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 development agreement modification is hereby approved per the provisions in the Staff Report for the hearing date of July 23, 2019, 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 23, 2019 Meridian City Council Meeting Agenda August 6, 2019 – Page 171 of 400Meridian City Council Meeting Agenda September 3, 2019 – Page 171 of 245 By action of the City Council at its regular meeting held on the day of A 2019. COUNCIL PRESIDENT JOE BORTON VOTED COUNCIL VICE PRESIDENT LUKE CAVENER VOTED COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED \ COUNCIL MEMBER TY PALMER VOTED COUNCIL MEMBER TREG BERNT VOTED A -y Q COUNCIL MEMBER GENESIS MIL,AM VOTED MAYOR TAMMY de WEERD VOTED TIE BREAKER) Mayor Tammy de Weerd Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: Dated: City Clerk' ice CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2019-0072 EIeVab Fran t(jV1 3- Meridian City Council Meeting Agenda September 3, 2019 – Page 172 of 245 EXHIBIT A Page 1 HEARING DATE: 7/23/2019 TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 SUBJECT: H-2019-0072 Elevate Franklin Storage LOCATION: 3755 W. Perugia St. SE ¼ of Section 10, T.3N., R.1W.) I. PROJECT DESCRIPTION Request for a modification to the terms of the (not yet recorded) Development Agreement approved with H-2018-0109 in accord with the recently approved UDC text amendment pertaining to self- service storage facilities (H-2019-0034). II. APPLICANT INFORMATION A. Applicant: Ten Mile Development, LLC – 1409 N. Main St., Meridian, ID 83642 B. Owner: Same as Applicant C. Representative: Becky McKay, Engineering Solutions, LLP – 1029 N. Rosario St., Ste. 100, Meridian, ID 83642 III. NOTICING City Council Posting Date Legal notice published in newspaper 7/5/2019 Radius notice mailed to properties within 300 feet 7/2/2019 STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Meridian City Council Meeting Agenda August 6, 2019 – Page 173 of 400Meridian City Council Meeting Agenda September 3, 2019 – Page 173 of 245 Page 2 Public hearing notice sign posted 7/13/2019 Next Door 7/2/2019 IV. STAFF ANALYSIS Since City Council’s approval of the rezone (H-2018-0109) of this property last year to the R-15 district for the development of a self-service storage facility, the UDC (11-4-3-34, Self-Service Storage Facility) has been amended to allow for residential storage facilities with different specific use standards than commercial facilities (see below). The development agreement provisions approved with the rezone applied to commercial facilities; therefore, the Applicant proposes a modification to the provisions in accord with the recently approved specific use standards as shown in Section VI. Note: The Applicant has submitted a conditional use permit application for the storage facility that is currently in process and is scheduled to be heard by the Commission on August 15th. 11-4-3-47: SELF-SERVICE STORAGE FACILITY, RESIDENTIAL A. The facility is encouraged to accompany or be a component of a single-family or multi-family residential development with a conditional use permit in an R-15 or R-40 zone. B. The size of the facility shall be limited to thirty five percent (35%) of a residential development not to exceed a maximum of eight (8) acres. C. The location of the facility may be located along an arterial roadway as a buffer to a residential development, but shall not take direct access from an arterial. Access to the facility shall be from a collector or local street only. D. The hours of operation shall be limited to six o’clock (6:00) a.m. to ten o’clock (10:00) p.m. E. The use shall be limited to individual storage compartments which shall be used for residential related personal property including vehicles. F. Storage units 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 residential storage facility is specifically prohibited. G. The distance between structures shall be a minimum of twenty-five feet (25’). The maximum height of the buildings shall not exceed 35 feet. H. The storage facility shall be fully enclosed and screened from public view. I. A minimum twenty-foot (20’) wide landscape buffer shall be provided along a collector or local road and a twenty-five-foot (25’) wide buffer adjacent to residential development. Landscaping shall be provided as set forth in subsection 11-3B-7C and 11-3B-9C of this title. J. The facility shall have a second means of access for emergency purposes approved by the Meridian Fire Department. K. No outside storage area shall be allowed. Materials shall not be stored within the required yards. L. Buildings shall be designed to the architectural character of the residential area. The building design shall comply with the Traditional Neighborhood District (TND) design standards set forth in the City of Meridian Architectural Standards Manual. M. Signage for the facility shall comply with Section 11-3D-8C, “Residential Signs in Residential Districts,” of this title. Meridian City Council Meeting Agenda August 6, 2019 – Page 174 of 400Meridian City Council Meeting Agenda September 3, 2019 – Page 174 of 245 Page 3 N. On-site auctions of unclaimed items by the storage facility owners shall be allowed as a temporary use in accord with Title 3, Chapter 4, “Outdoor Sales and Temporary Use Requirements.” The hours of the on-site auctions shall be limited to daylight hours (sunrise and sunset) and specified on the temporary use permit application submitted to the Clerk’s office. O. On-site management or contact information for on-call management shall be provided for the storage facility. If the use is unattended, the standards in accord with Section 11-3A-16, “Self- Service Uses,” of this title shall also apply. The application materials shall also include a security plan for the proposed facility. P. No storage of fuel or hazardous materials shall be allowed. Q. The site shall not be used as a “vehicle wrecking or junk yard” as herein defined in Section 11- 1A-1. V. DECISION A. Staff: Staff recommends approval of the proposed MDA per the provisions in Section VI. B. Council: The Meridian City Council heard this item on July 23, 2019. At the public hearing, the Council voted to approve the subject MDA request. 1. Summary of the City Council public hearing: a. In favor: Becky McKay b. In opposition: None c. Commenting: Dale Newberry and Gail Bordenkircher d. Written testimony: None e. Staff presenting application: Bill Parsons f. Other Staff commenting on application: None 2. Key issue(s) of public testimony: a. b. Access to the development. Hours of operation. 3. Key issue(s) of discussion by City Council: a. None 4. City Council change(s) to Staff Recommendation: a. None Meridian City Council Meeting Agenda August 6, 2019 – Page 175 of 400Meridian City Council Meeting Agenda September 3, 2019 – Page 175 of 245 Page 4 VI. EXHIBITS A. Development Agreement Provisions Note: The existing provisions are noted in normal text; Staff’s recommended additional/revised provisions are noted in underline/strike-out format; Staff’s comments are noted in italic text. 1. 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 subject property shall be generally consistent with the conceptual development plan and elevations approved with H-2018-0109 and the provisions included herein. b. The applicant shall obtain conditional use permit approval for a residential storage facility. c. The storage facility is allowed to operate in conjunction with and as an accessory use to the multi-family development to the north (i.e. Silver Oaks) and shall only provide storage service for residents of the multi-family development. Providing storage service for non-residents (i.e. the general public) is prohibited. Existing renters can lease space for up to one (1) year after they move out of the multi-family development. d. The Developer/Owner shall comply with the specific use standards listed in UDC 11- 4-3-34 11-4-3-47, Storage Facility, Self-Service Self-Service Storage Facility, Residential, as follows:. i. 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. ii. On site auctions of unclaimed items by the storage facility owners shall be allowed as a temporary use in accord with UDC 11-3E, Temporary Use Requirements. iii. If the use is unattended, the standards listed in UDC 11-3A-16, Self-Service Uses, shall apply as follows, “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.” iv. 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. v. The site shall not be used as a "vehicle wrecking or junk yard" as herein defined. vi. 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. (Ord. 13-1555, 5-14-2013) e. Provide a minimum of three (3) parking spaces on the site for employee and visitor parking. Meridian City Council Meeting Agenda August 6, 2019 – Page 176 of 400Meridian City Council Meeting Agenda September 3, 2019 – Page 176 of 245 Page 5 f. To preserve public safety, a fence shall be installed along the Kennedy Lateral to prohibit access to the waterway in accord with the standards listed in UDC 11-3A- 6C.3. g. Six-foot tall wrought iron fencing is required to be constructed on the site along the Kennedy Lateral in accord with the standards listed in UDC 11-3A-6 and 11-3A-7. h. The hours of operation for the storage facility shall be limited to 6:00 am to 11:00 pm in accord with UDC 11-4-3-34E. i. All future structures shall comply with the design standards listed UDC 11-3A-19 and the Architectural Standards Manual, and the policies in the Ten Mile Interchange Specific Area Plan. 6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findings for the annexation and zoning development agreement modification or it is null and void. Meridian City Council Meeting Agenda August 6, 2019 – Page 177 of 400Meridian City Council Meeting Agenda September 3, 2019 – Page 177 of 245