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Z - Signed FindingsFINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FOR BACH STORAGE – AZ, CUP H-2019-0121 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Annexation of One (1) Acre of Land with a C-C Zoning District; and Conditional Use Permit for a Self-Service Storage Facility on 1.92 Acres of Land in the C-C Zoning District, by Bach Homes. Case No(s). H-2019-0121 For the City Council Hearing Date of: January 21, 2020 (Findings on January 28, 2020) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of January 21, 2020, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of January 21, 2020, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of January 21, 2020, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of January 21, 2020, 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 January 28, 2020 – Page 98 of 229 FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FOR BACH STORAGE – AZ, CUP H-2019-0121 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of January 21, 2020, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for annexation & zoning with a Development Agreement and conditional use permit is hereby approved per the conditions of approval in the Staff Report for the hearing date of January 21, 2020, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of two (2) years unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be signed by the City Engineer within this two (2) year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 11(UDC 11-5B-6F). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six (6) month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis Meridian City Council Meeting Agenda January 28, 2020 – Page 99 of 229 FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FOR BACH STORAGE – AZ, CUP H-2019-0121 - 3 - 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 January 21, 2020 Meridian City Council Meeting Agenda January 28, 2020 – Page 100 of 229 Page 1 HEARING DATE: 1/21/2020 TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0121 Bach Storage LOCATION: 2480 & 2500 N. Eagle Rd. I. PROJECT DESCRIPTION Annexation of one (1) acre of land with a C-C zoning district; and, Conditional Use Permit for a self- service storage facility on 1.92 acres of land in the C-C zoning district. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 1 acre (AZ); 1.92 acres (CUP) Future Land Use Designation MU-R (Mixed Use – Regional) Existing Land Use(s) Vacant/undeveloped land Proposed Land Use(s) Self-service storage facility Physical Features (waterways, hazards, flood plain, hillside) None Neighborhood meeting date; # of attendees: 8/6/2019; no attendees History (previous approvals) AZ-08-004 (Ord. 08-1392, DA #108131099 – Regency at River Valley) B. Community Metrics Description Details Page Ada County Highway District  Staff report (yes/no) No STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Meridian City Council Meeting Agenda January 28, 2020 – Page 102 of 229 Page 2 Description Details Page  Requires ACHD Commission Action (yes/no) No Idaho Transportation Department No comments received Access (Arterial/Collectors/State Hwy/Local)(Existing and Proposed) Access via E. River Valley St., a commercial collector street, via a backage road along east boundary of site Stub Street/Interconnectivity/Cross Access Access via E. River Valley St, commercial collector, from the south via a cross-access easement/backage road Existing Road Network None Existing Arterial Sidewalks / Buffers There are no existing sidewalk/pathways on this site along N. Eagle Rd./SH-55 Proposed Road Improvements None Fire Service See Section VIII.C Police Service No comments received Wastewater  Distance to Sewer Services 0-Feet   Sewer Shed Five Mile Trunk Shed  Estimated Project Sewer ERU’s See Application  WRRF Declining Balance 13.79  Project Consistent with WW Master Plan/Facility Plan Yes  Sewer Review Comments As designed, the northern building encroaches within the existing sewer easement. Water  Distance to Water Services 0-feet  Pressure Zone 3  Estimated Project Water ERU’s See Application  Water Quality Concerns None  Project Consistent with Water Master Plan Yes  Impacts/Concerns As designed, the northern building encroaches within the existing sewer/water easement. Meridian City Council Meeting Agenda January 28, 2020 – Page 103 of 229 Page 3 C. Project Area Maps III. APPLICANT INFORMATION A. Applicant: Bach Homes – 11650 South State St., #300, Draper, UT 84020 B. Owner: Rami, LLC – 11650 South State St., #300, Draper, UT 84020 C. Representative: Nick Mason, Bach Homes – 11650 South State St., #300, Draper, UT 84020 Future Land Use Map Aerial Map Zoning Map Planned Development Map Meridian City Council Meeting Agenda January 28, 2020 – Page 104 of 229 Page 4 IV. NOTICING Planning & Zoning Posting Date City Council Posting Date Newspaper notification published 11/19/2019 Radius notification mailed to property owners within 300 feet 11/26/2019 Public hearing notice sign posted on site 12/6/2019 Nextdoor posting 11/26/2019 V. STAFF ANALYSIS Comprehensive Plan Future Land Use Map Designation (https://www.meridiancity.org/compplan): MU-R (Mixed Use – Regional) – The purpose of this designation is to provide a mix of employment, retail and residential dwellings and public uses near major arterial intersections. The intent is to integrate a variety of uses together, including residential, and to avoid predominantly single use developments such as a regional retail center with only restaurants and other commercial uses. Developments should be anchored by uses that have a regional draw with the appropriate supporting uses. In general, the purpose of mixed use designations is to provide for a combination of compatible land uses within a close geographic area that allows for easily accessible services for residents and the workers. Uses may be mixed vertically or horizontally and should have interconnected vehicular and pedestrian networks. These areas are typically infill in nature or situated in a highly visible or transitioning area where innovative and flexible designs are encouraged. In reviewing development applications, the following items will be considered in all Mixed Use areas: • Residential densities should be a minimum of six dwellings/acre. Not Applicable (NA) • Where feasible, higher density and/or multi-family residential development will be encouraged, especially for projects with the potential to serve as employment destination centers and when the project is adjacent to US 20/26, SH-55, SH-16 or SH-69. NA (a multi- family development abuts this site to the east) • A conceptual site plan for the entire mixed use area should be included in the application. The entire property is shown on the proposed site plan. • In developments where multiple commercial and/or office buildings are proposed (not residential), the buildings should be arranged to create some form of common, usable area, such as a plaza or green space. NA • The site plan should depict a transitional use and/or landscaped buffering between commercial and existing low- or medium-density residential development. The proposed plan depicts a landscape buffer with a fence as a buffer and screening to the adjacent multi-family development to the east. • A mixed use project should include at least three types of land uses. Exceptions may be granted for smaller sites on a case-by-case basis. Due to the small size of this infill site (i.e. less than 2 acres), only a single use is proposed; however, it does contribute toward the mix of uses already developed in this area (i.e. multi-family and commercial). Meridian City Council Meeting Agenda January 28, 2020 – Page 105 of 229 Page 5 • Community-serving facilities such as hospitals, churches, schools, parks, daycares, civic buildings, or public safety facilities are expected in larger mixed use developments. Although not a public use/facility, the proposed use will provide a needed service for residents in close proximity to this site. • Supportive and proportional public and/or quasi-public spaces and places including but not limited to parks, plazas, outdoor gathering areas, open space, libraries, and schools are expected; outdoor seating areas at restaurants do not count. No public and/or quasi-public spaces or places are proposed. • All mixed use projects should be directly accessible to neighborhoods within the section by both vehicles and pedestrians. No connectivity (vehicular or pedestrian) is proposed to the multi-family development to the east; Staff recommends a driveway connection with a pedestrian walkway is provided between the properties for interconnectivity. • Street sections consistent with the Ada County Highway District Master Street Map are required within the Unified Development Code. NA (no public streets are proposed) • Because of the existing small lots within Old Town, development is not subject to the Mixed Use standards listed herein. NA The following items will be considered in MU-R areas: • Development should generally comply with the general guidelines for development in all Mixed Use areas. The proposed development generally complies with the applicable mixed use guidelines. • Residential uses should comprise a minimum of 10% of the development area at densities ranging from six to 40 units/acre. No residential uses are proposed on this site but do exist directly to the east at a density of approximately 20 units per acre. • Retail commercial uses should comprise a maximum of 50% of the development area. No retail uses are proposed with this development but many such uses exist to the south (i.e. Mattress Firm and The Village at Meridian). • There is neither a minimum nor maximum imposed on non-retail commercial uses such as office, clean industry, or entertainment uses. The following Comprehensive Plan Policies are applicable to this development:  “Plan for a variety of commercial and retail opportunities within the Area of City Impact.” (3.05.01J) The proposed storage facility will contribute to the variety of uses in this area.  “Encourage infill development.” (3.04.02B) Annexation and development of the subject infill property will provide more efficient provision of public services.  “Develop pathways to connect Meridian with Boise, Nampa, Kuna and Eagle.” (6.01.02C) A multi-use pathway is required within the street buffer along Eagle Rd./SH-55, which will connect to existing segments of the pathway to the north and south of this site.  “Consider needed sidewalk, pathway, landscaping, and lighting improvements with all land- use decisions along SH-55.” (3.03.02Q) Meridian City Council Meeting Agenda January 28, 2020 – Page 106 of 229 Page 6 A 10-foot wide multi-use pathway, pedestrian lighting and landscaping is required to be installed within the street buffer along Eagle Rd./SH-55 with development as set forth in UDC 11-3H-4C.  “Protect existing residential properties from incompatible land use developments on adjacent parcels.” (3.06.01F) Because the proposed use will almost entirely be accessed from internally within the structure, abutting properties should experience little adverse effects from noise; therefore, the proposed use should be compatible with existing residential uses.  “Require screening and landscape buffers on all development requests that are more intense than adjacent residential properties.” (3.06.01G) The site design of the proposed development with a 25-foot wide landscape buffer and closed vision fence for screening will be compatible with the adjacent residential development to the east.  “Minimize noise, odor, air pollution, and visual pollution in industrial and commercial development adjacent to residential areas.” (3.06.01B) The proposed use should result in little to no noise, odor, air or visual pollution since the majority of the storage units will be access internally and the site is screened from view of the public street.  “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) Urban services are available and can be provided to this property with development. A. Annexation & Zoning The proposed annexation of the southern one (1) acre parcel of land with C-C zoning is consistent with the zoning on the northern portion of the site and with the MU-R FLUM designation for this site. The development of the subject infill property as a storage facility will contribute toward the mix of uses already developed in this area, is in close proximity to the multi-family development to the east and will provide a much needed service to those residents, is located along a major arterial street close to major arterial intersections, and should be compatible with adjacent uses – all desired elements in mixed use designated areas such as this. The annexation area is an enclave surrounded by properties that have been previously annexed into the City and is within the Area of City Impact Boundary (AOCI). A legal description for the annexation area is included in Section VII.A. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this application, staff recommends a DA as a provision of annexation with the provisions included in Section VIII; additionally, Staff recommends the northern portion of the development area currently included in the DA for the Regency at River Valley property to the east, is no longer held to the terms of that agreement and is included in the DA recommended for this site. The Applicant should submit a legal description for the entire boundary of the site subject to the new DA. B. Existing Structures/Site Improvements: There are no existing structures or site improvements on this site; however, there is an existing 20-foot wide sewer easement and 8-inch sewer main that lies under the proposed north Meridian City Council Meeting Agenda January 28, 2020 – Page 107 of 229 Page 7 building that is required to be relocated or the design of the site reconfigured so that the structure(s) does not encroach within the easement(s). C. Proposed Use Analysis: The proposed self-service storage facility will consist of approximately 600 climate-controlled storage units (although the design/size of the units is not yet finalized so the number of units could increase) in a 3-story 100,000 square foot (s.f.) structure and 25 traditional storage units in two (2) separate single-story structures containing a total of 8,400 s.f. to the north and south of the climate-controlled building. A self-service storage facility is listed as a conditional use in the C-C zoning district per UDC Table 11-2B-2 and is subject to the specific use standards listed in UDC 11-4-3-34, Storage Facility, Self-Service and the standards listed in UDC 11-3A-16, Self-Service Uses (see standards below). D. Specific Use Standards (UDC 11-4-3): UDC 11-4-3-34, Storage Facility, Self-Service: A. Storage units and/or areas shall not be used as dwellings or as a commercial or industrial place of business. The manufacture or sale of any item by a tenant from or at a self-service storage facility is specifically prohibited. B. On site auctions of unclaimed items by the storage facility owners shall be allowed as a temporary use in accord with chapter 3, article E, "Temporary Use Requirements", of this title. 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. Complies; a 6’ tall masonry screen wall is proposed to screen the facility from public view along N. Eagle Rd./SH-55 where the drive aisles are located between structures and a 6’ tall vinyl fence exists along the east side of this site adjacent to the residential district. 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. The project abuts a residential district on the east boundary of the site. The proposed hours of operation are Monday thru Sunday 6:00 am to 11:00 pm and will be restricted to such. 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. A 10- foot wide landscape buffer is proposed on this site; City Council approval of a modified buffer width is needed as set forth in UDC 11-3B-9C.2. The applicant proposes the existing 15-foot wide wide buffer on the adjacent residential property to the east, resulting in a 25- foot wide buffer between uses, to count toward the buffer requirement. Staff is amenable to this request as it meets the intent of the requirement; however, Council approval is needed. Additional landscaping should be added within the buffer to comply with the standards listed in UDC 11-3B-9C, which require a mix of evergreen and deciduous trees, shrubs, lawn or other vegetative ground cover that results in a barrier that allows trees to touch at the time of maturity. A 6’ tall vinyl fence also exists along the east boundary of this site which will provide added screening of the site. Meridian City Council Meeting Agenda January 28, 2020 – Page 108 of 229 Page 8 G. If the use is unattended, the standards listed in UDC 11-3A-16, "Self-Service Uses", also apply, as follows: Any unattended, self-service uses, including, but not limited to, laundromats, automatic teller machines (ATMs), vehicle washing facilities, fuel sales facilities, and storage facilities, shall comply with the following requirements. The Meridian Police Chief or designee may approve alternative standards where it is determined that a similar or greater level of security is provided. A. Entrance or view of the self-service facility shall be open to the public street or to adjoining businesses and shall have low impact security lighting. The entrance to the facility will be open from the east side from the north/south backage road; the site is screened on the west side adjacent to N. Eagle Rd./SH-55 as required by UDC 11-4-3-34D. Low impact security lighting should be provided. B. Financial transaction areas shall be oriented to and visible from an area that receives a high volume of traffic, such as a collector or arterial street. Not applicable – financial transactions will be handled inside the building in the office. 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. Not applicable – financial transactions will be handled inside the building in the office. H. The facility shall have a second means of access for emergency purposes. A cross-access easement is depicted on the site plan across the property to the north (Great Wall) for access via Eagle Rd./SH-55; however, that access was only approved on a temporary basis and is required to be removed and the street buffer extended upon completion of the backage road for access via E. River Valley Street (VAR-08-004). A viable secondary access is required either from the north or east through the multi-family development. 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. Not applicable – no outdoor storage is proposed. 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. Not applicable – no storage of fuel or hazardous material is proposed. E. Dimensional Standards (UDC 11-2): Development is required to comply with the dimensional standards for the C-C district listed in UDC Table 11-2B-3. F. Access (UDC 11-3A-3, 11-3H-4): Access is proposed via a backage road along the east boundary of the site from E. River Valley Street, a commercial collector street to the south; cross-access easements exist to this property from the abutting properties to the north and south. Direct access via N. Eagle Rd./SH-55 is prohibited per the existing Development Agreement. A secondary emergency access is required to be provided per UDC 11-4-3-34H as discussed above. For access via E. River Valley Street to the Great Wall property and interconnectivity between the parcels fronting Eagle Rd./SH-55 in this area, Staff recommends a cross-access easement is granted to the properties to the north and south for use of the backage road. Meridian City Council Meeting Agenda January 28, 2020 – Page 109 of 229 Page 9 Further, for interconnectivity between the abutting residential development to the east and the subject property and adjacent commercial properties fronting Eagle Rd./SH-55 as desired in mixed use designated areas, Staff recommends a vehicular and pedestrian connection is provided at the east boundary of the site in the location where 3 parking stalls current exist between two garage structures on the residential property. This will allow direct access to the storage facility for adjacent residents using the facility and access to other commercial uses, without having to go around via the collector street (i.e. River Valley St.). Note: The property owner to the north of the Great Wall property and the Finch Lateral at 2600 N. Eagle Rd. is working with ITD on a possible access via Eagle Rd./SH-55 and extension of the backage road across the lateral. If the backage road is extended across the lateral, secondary access could be provided from the north. However, because this is a mixed use designated area, vehicular and pedestrian access should still be provided between the abutting residential development and the subject property for ease of access between uses and interconnectivity. G. Parking (UDC 11-3C): Off-street parking is required in accord with the standards listed in UDC 11-3C-6B.1, which requires parking based on the gross floor area of the office space only (1 space per 500 square feet). The office is proposed to consist of approximately 1,200 s.f., which requires a minimum of two (2) parking spaces; a total of five (5) spaces are proposed in excess of the minimum standard. A minimum of one (1) bicycle parking space is required for every 25 proposed vehicle parking spaces; based on five (5) vehicle spaces, a minimum of one (1) bicycle space is required per the location and design standards listed in UDC 11-3C-5C. H. Pathways (UDC 11-3A-8): A 10-foot wide multi-use pathway within a public use easement and pedestrian lighting is required along N. Eagle Rd./SH-55 as set forth in UDC 11-3H-4C.3; details should be submitted with the Certificate of Zoning Compliance application that demonstrate compliance with these standards (i.e. type of post and luminaire, spacing, light source, etc.). There is a 7-8’ gap from the subject property’s north boundary to the existing pathway on the property to the north (Great Wall); for continuity and safe pedestrian access, Staff recommends the pathway constructed on this site is extended off-site to the existing pathway with consent from the adjacent property owner. I. Sidewalks (UDC 11-3A-17): Sidewalks are required along all public streets as set forth in UDC 11-3A-17; detached sidewalks are required along arterial streets (i.e. N. Eagle Rd./SH-55). The multi-use pathway required in UDC 11-3H-4C discussed above will meet the sidewalk requirement and should be detached with a minimum of 5 feet of landscaping on the street side of the pathway. J. Landscaping (UDC 11-3B): Landscaping is required to be provided on the site with development as set forth in UDC 11-3B. A minimum 35-foot wide street buffer is required along N. Eagle Rd./SH-55, an entryway corridor, per UDC Table 11-2B-3, measured from the ultimate curb location as anticipated by ITD in accord with UDC 11-3B-7C.1a., and landscaped per the standards listed in UDC 11-3B- 7C. If the unimproved right-of-way along N. Eagle Rd./SH-55 is 10 feet or greater from the edge of pavement to edge of sidewalk or property line, the developer shall maintain a 10-foot compacted shoulder meeting the construction standards of the transportation authority and landscape the remainder with lawn or other vegetative groundcover as set forth in UDC 11 -3B- Meridian City Council Meeting Agenda January 28, 2020 – Page 110 of 229 Page 10 7C.5; depict accordingly on the landscape plan. A license agreement will be required between the property owner and the transportation authority for any landscaping improvements within the right-of-way. Perimeter landscaping is required adjacent to parking and vehicular use areas as set forth in UDC 11-3B-8C.1; the proposed landscaping complies with UDC standards. The project is exempt from the standards for internal parking lot landscaping because the parking lot has fewer than 12 spaces, per UDC 11-3B-8C.2. A 25-foot wide buffer to residential uses is required to be provided on this site along the east boundary adjacent to residential uses as discussed above per UDC 11-4-3-34F (unless otherwise modified by Council), landscaped per the standards listed in UDC 11-3B-9C. Landscape buffers are required to facilitate pedestrian access from residential development to abutting commercial district and vice versa per UDC 11-3B-9C.3; therefore, a pedestrian connection should be provided between the proposed use and the multi-family development to the east – this can be satisfied through a combined vehicular and pedestrian connection between garages 3 and 4 depicted on the site plan, which would also satisfy the requirement for a secondary emergency access to be provided to the site as required by UDC 11-4-3-34H discussed above. Landscaping is required on either side of pathways per the standards listed in UDC 11-3B- 12C; landscaping should be depicted on the landscape plan in accord with these standards adjacent to the multi-use pathway along N. Eagle Rd./SH-55 in addition to the street buffer landscaping. K. Waterways (UDC 11-3A-6): There are no waterways on this site. L. Fencing (UDC 11-3A-6, 11-3A-7): There is a 6-foot tall vinyl fence along the east boundary of this site; no new fencing is proposed. M. Utilities (UDC 11-3A-21): Connection to City water and sewer services is proposed. Street lighting is required to be installed in accord with the City’s adopted standards, specifications and ordinances. As designed, the northern building encroaches within the existing water and sewer easement(s) that serves the multi-family development to the east. This easement(s) and associated water and sewer mains should be relocated; or, the design of the site should be reconfigured so that structures do not encroach within the easement(s). See Section VIII-B below for Public Works comments/conditions. N. Building Elevations (UDC 11-3A-19 | Architectural Standards Manual): A west side conceptual building perspective was submitted with this application as shown in Section VII.D. Building materials consist of 2 different colors EIFS with an accent color on the cornices, glazing, and metal canopies over the windows on the single-story structures. Final design is required to comply with the design standards in the Architectural Standards Manual. Meridian City Council Meeting Agenda January 28, 2020 – Page 111 of 229 Page 11 VI. DECISION A. Staff: Staff recommends approval of the proposed annexation and zoning and conditional use permit with the comments and conditions listed in Section VIII per the Findings in Section IX. B. The Meridian Planning & Zoning Commission heard these items on December 19, 2019. At the public hearing, the Commission moved to recommend approval of the subject AZ and CUP requests to City Council. 1. Summary of Commission public hearing: a. In favor: Nick Mason, Applicant’s Representative b. In opposition: None c. Commenting: None d. Written testimony: Nick Mason, Applicant’s Representative (not in agreement with Staff’s recommendation for a vehicular & pedestrian access between the adjacent residential development & the subject property) e. Staff presenting application: Bill Parsons f. Other Staff commenting on application: None 2. Key issue(s) of public testimony: a. None 3. Key issue(s) of discussion by Commission: a. The provision of vehicular and pedestrian connectivity to the adjacent multi-family residential development to the east; b. Secondary emergency access to the site if the existing temporary access on the Great Wall property via Eagle Rd. is removed as required; c. Preference for the existing temporary access approved through VAR-08-004 to the Great Wall property to remain (for better business access and for emergency access as required for the storage facility), until such time as the backage road is extended to the north of Great Wall since the Applicant doesn’t feel a cross-access easement/driveway from the multi-family development to the east is feasible; d. Encouragement to the Applicant to continue to work with the owners of the multi-family development to the east on a cross-access easement/driveway connection between the properties, possibly a gated access only accessible by residents to restrict cut-through traffic. e. Concern pertaining to the impact the proposed 3-story storage facility will have on the resident’s views in the adjacent 4-story apartments and desire for Staff to do a very thorough design review on the structure for architectural appeal and compatibility with the adjacent residential development. 4. Commission change(s) to Staff recommendation: a. The Commission offers their support to Council of the Applicant’s request for a reduced buffer width to residential uses from 25 to 10 feet along the east boundary of the site; b. The Commission recommends the inclusion of a requirement for strict design review of all four sides of the proposed structures to ensure compatibility in appearance with the adjacent apartment complex to the east (see DA provision A.1c in Section VIII); c. The Commission recommends inclusion of a requirement for the Applicant to continue to work with the property owners to the east on a cross-access easement/driveway for interconnectivity between uses which would also serve as an emergency access for the storage facility (see condition #A.2k in Section VIII). d. The Commission recommends the existing temporary access via Eagle Rd. on the adjacent (Great Wall) property to the north remains until such time as the backage road is extended to the north of the Great Wall property. (Note: Because the adjacent Meridian City Council Meeting Agenda January 28, 2020 – Page 112 of 229 Page 12 property isn’t the subject of this application, this isn’t a formal recommendation the Council should act on.) 5. Outstanding issue(s) for City Council: a. The Applicant requests City Council’s consideration and approval of a reduced buffer width to residential uses along the east boundary of the site from 25 to 10 feet, which added to the existing 15-foot wide buffer on the adjacent property would total 25 feet. C. The Meridian City Council heard these items on January 21, 2020. At the public hearing, the Council moved to approve the subject AZ and CUP requests. 1. Summary of the City Council public hearing: a. In favor: Nick Mason, Applicant’s Representative b. In opposition: None c. Commenting: None d. Written testimony: Nick Mason, Applicant’s Representative e. Staff presenting application: Sonya Allen f. Other Staff commenting on application: Joe Bongiorno 2. Key issue(s) of public testimony: a. None 3. Key issue(s) of discussion by City Council: a. The provision of secondary emergency access for the proposed development as required by the UDC and where it should be provided from (i.e. north or east); b. The provision of cross-access easements to the north and south and construction of a backage road along the east boundary of the site for access to the adjacent properties that front Eagle Rd. from which access is restricted; and, c. The Applicant’s request for a reduced buffer along the east boundary of the site. 4. City Council change(s) to Commission recommendation: a. The Council granted approval of the Applicant’s request for a reduced buffer width from 25’ to 10’ to the residential uses adjacent to the east boundary of the site (see condition #A.2a in Section VIII). Meridian City Council Meeting Agenda January 28, 2020 – Page 113 of 229 Page 13 VII. EXHIBITS A. Annexation & Zoning Legal Description and Exhibit Map Meridian City Council Meeting Agenda January 28, 2020 – Page 114 of 229 Page 14 Meridian City Council Meeting Agenda January 28, 2020 – Page 115 of 229 Page 15 B. Site Plan (dated: 10/1/2019) REVISED Meridian City Council Meeting Agenda January 28, 2020 – Page 116 of 229 Page 16 C. Landscape Plan (dated: 10/1/2019) REVISED Meridian City Council Meeting Agenda January 28, 2020 – Page 117 of 229 Page 17 D. Building Elevation Perspective Meridian City Council Meeting Agenda January 28, 2020 – Page 118 of 229 Page 18 E. Legal Description & Exhibit Map for Property Subject to Development Agreement Meridian City Council Meeting Agenda January 28, 2020 – Page 119 of 229 Page 19 Meridian City Council Meeting Agenda January 28, 2020 – Page 120 of 229 Page 20 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Annexation & Zoning Comments: 1. A Development Agreement (DA) is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. Currently, a fee of $303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. Development of the northern portion of the site (Parcel #S1104233970) shall no longer be subject to the terms of the Development Agreement for the Regency at River Valley project recorded as Instrument No. 108131099. b. Future development of this site shall be generally consistent with the site plan, landscape plan and conceptual building elevations included in Section VII and the provisions contained herein. c. Future development shall comply with the structure and site design standards listed in UDC 11-3A-19 and the design standards listed in the Architectural Standards Manual. Strict design review of all four sides of the proposed structures to ensure compatibility in appearance with the adjacent apartment complex to the east is required. d. Direct access to the site via N. Eagle Rd./SH-55 is prohibited. Prior to the City Council hearing, the Applicant shall submit a legal description & exhibit map for the entire boundary of the site subject to the new DA. Conditional Use Permit Conditions: 2. The site plan and landscape plan submitted with the Certificate of Zoning Compliance and Design Review applications shall be revised as follows: a. Depict a 2510-foot wide buffer to residential uses along the east boundary of the site as approved by City Council set forth in accord with UDC Table 11-2B-3 and 11-4-3-34F 11-3B-9C.2 unless such width is modified by City Council. A reduction in the buffer width shall not affect building setbacks; all structures shall be set back from the property line a minimum of the buffer width required (i.e. 25’). The Applicant requests approval of reduced buffer width to 10 feet, which combined with the existing 15-foot wide buffer on the adjacent property to the east will total 25 feet. City Council approved this request. b. Depict additional landscaping within the buffer along the east boundary of the site adjacent to residential uses to comply with the standards listed in UDC 11-3B-9C, which require a mix of evergreen and deciduous trees, shrubs, lawn or other vegetative ground cover that results in a barrier that allows trees to touch at the time of maturity. c. Include the required vs. provided number of trees within the street buffer and along the multi-use pathway adjacent to Eagle Rd., the width of the street buffer and the street Meridian City Council Meeting Agenda January 28, 2020 – Page 121 of 229 Page 21 frontage calculation in the calculations table on the landscape plan to demonstrate compliance with the standards listed in UDC Table 11-2B-3,11-3B-7C and 11-3B-12C. d. Depict a minimum 35-foot wide street buffer along N. Eagle Rd./SH-55 measured from the ultimate curb location as anticipated by ITD in accord with UDC 11-3B-7C.1a. e. If the unimproved right-of-way along N. Eagle Rd./SH-55 is 10 feet or greater from the edge of pavement to edge of sidewalk or property line, the developer shall maintain a 10- foot compacted shoulder meeting the construction standards of the transportation authority and landscape the remainder with lawn or other vegetative groundcover as set forth in UDC 11-3B-7C.5; depict accordingly on the plan. A license agreement will be required between the property owner and the transportation authority for any landscaping improvements within the right-of-way. f. Depict landscaping on either side of pathway along N. Eagle Rd./SH-55 per the standards listed in UDC 11-3B-12C in addition to the required street buffer landscaping. g. Depict low impact security lighting on the plans in accord with UDC 11-3A-16A and 11- 4-3-34D. h. Depict bicycle parking as set forth in UDC 11-3C-6G per the location and design standards listed in UDC 11-3C-5C. i. Depict a secondary emergency access to the site as required by UDC 11-4-3-34H. Note: The existing temporary access via N. Eagle Rd./SH-55 on the Great Wall property to the north does not qualify as it’s required to be removed once the backage road is constructed. j. There is a 7-8’ gap from the subject property’s north boundary to the existing pathway on the property to the north (Great Wall); for continuity and safe pedestrian access, the pathway constructed on this site shall extend off-site to the existing pathway with the adjacent property owner’s consent. k. Construct a vehicular and pedestrian connection to the residential development to the east for interconnectivity. This access will satisfy the secondary emergency access requirement noted above. Although not a requirement, the Applicant should continue to work with the property owners to the east on a cross-access easement/driveway for interconnectivity between uses which would also serve as an emergency access for the storage facility, which is a requirement for the use. 3. A 10-foot wide multi-use pathway within a public use easement and pedestrian lighting is required as set forth in UDC 11-3H-4C.3; details should be submitted with the Certificate of Zoning Compliance application that demonstrate compliance with these standards (i.e. type of post and luminaire, spacing, light source, etc.). 4. The subject property shall be addressed from E. River Valley Street. 5. The facility shall comply with the specific use standards listed in UDC 11-4-3-34, Storage Facility, Self-Service, included but not limited to the following: Meridian City Council Meeting Agenda January 28, 2020 – Page 122 of 229 Page 22 1. 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. 2. On site auctions of unclaimed items by the storage facility owners shall be allowed as a temporary use in accord with chapter 3, article E, "Temporary Use Requirements", of this title. 3. The hours of public operation of the storage facility shall be limited to six o'clock (6:00) A.M. to eleven o'clock (11:00) P.M. as set forth in UDC 11-4-3-34E. 6. A 10-foot wide multi-use pathway within a 14-foot wide public use easement and pedestrian lighting is required as set forth in UDC 11-3H-4C.3; details should be submitted with the Certificate of Zoning Compliance application that demonstrate compliance with these standards (i.e. type of post and luminaire, spacing, light source, etc.). Landscaping is required on either side of the pathway in accord with the standards listed in UDC 11- 3B-12C. 7. A cross-access easement shall be recorded granting access to the properties to the north (#S1104233802), south (#R7476320020 and R7476320010) and east (#R0748300100) via the backage road proposed along the east boundary of this site; a recorded copy of the easement shall be submitted to the Planning Division prior to issuance of Certificate of Occupancy for the site. 8. A 14-foot wide public pedestrian easement shall be submitted to the Planning Division for approval by City Council and subsequent recordation for the multi-use pathway along N. Eagle Rd./SH-55. B. Public Works Department Site Specific Conditions: 1. The existing water and sewer easement(s) (Inst. #111092020, recorded on 11/10/11) and associated mains that serve the multi-family development to the east (located where the northern structure is proposed) shall be relocated; or, the design of the site shall be reconfigured so that the structure(s) does not encroach within the easement(s). General Conditions: 2. 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. 3. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this Meridian City Council Meeting Agenda January 28, 2020 – Page 123 of 229 Page 23 document. All easements must be submitted, reviewed, and approved prior to development plan approval. 4. 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. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 5. 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. 6. 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. 7. 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. 8. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. 9. 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. 10. 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. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-12-3H. 14. 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. 15. 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. 16. 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. 17. 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 Meridian City Council Meeting Agenda January 28, 2020 – Page 124 of 229 Page 24 Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. Fire Department 1. Fire Flow: 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. 2. Water Supply: Final Approval of the fire hydrant locations shall be by the Meridian Fire Department or their designee in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have a Storz LDH connection in place of the 4 ½” outlet. The Storz connection may be integrated into the hydrant or an approved adapter may be used on the 4 1/2" outlet. b. Fire hydrants shall have the Storz outlet face the main street or parking lot drive aisle. c. Fire hydrants shall be placed on corners when spacing permits. d. Fire hydrants shall not have any vertical obstructions to outlets within 10’. e. Fire hydrants shall be placed 18” above finished grade to the center of the Storz outlet. f. Fire hydrants shall be provided to meet the requirements of the Meridian Water Dept. Standards. g. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3. Water Supply: There shall be a fire hydrant within 100’ of all fire department connections as set forth in local amendment to the International Fire Code 10-4-1. Over 100 apartment units without an approved sprinkler system or over 200 apartment units with an approved sprinkler system will require a secondary access per International Fire Code Section D104.3. The access roads shall be placed a distance apart equal to not less than one half of the length of the overall diagonal dimension of the property or area to be served, measured in a straight line as set forth in International Fire Code Appendix D104.1. 4. Roadways: Roadways shall be 26’ in width for ladder truck access. 5. Roadways: 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. 6. Roadways: Emergency response routes and fire lanes shall not be allowed to have traffic calming devices installed without prior approval of the Fire Code Official. National Fire Protection IFC 503.4.1. 7. Access: Operational fire hydrants, temporary or permanent street signs, and access roads with an all-weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4. 8. Access: Provide a Fire Department Key box entry system for the complex prior to occupancy as set forth in International Fire Code Section 506. 9. Access: The Fire Department will require Fire Department locking Connection caps on all FDC inlets. IFC 102.9. Caps can be ordered at www.knoxbox.com Meridian City Council Meeting Agenda January 28, 2020 – Page 125 of 229 Page 25 IX. FINDINGS A. Annexation & Zoning Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The City Council finds the proposed map amendment to the C-C zoning district is consistent with the MU-R FLUM designation and the Comprehensive Plan (see Section V for more information). 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds the proposed map amendment complies with the regulations for the commercial districts in that the subsequent development of the property will provide a needed service for the community. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds the proposed map amendment and subsequent development should not be significantly detrimental to the public. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and The City Council finds the proposed map amendment will not adversely impact the provision of public services within the City. 5. The annexation (as applicable) is in the best interest of City. The City Council finds the proposed annexation with C-C zoning is in the best interest of the City. B. Conditional Use Permit The Commission shall base its determination on the conditional use permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The City Council finds the site is large enough to accommodate the proposed use and meets all the dimensional and development regulations of the C-C zoning district with Council’s approval of a reduced buffer width to residential uses as proposed. 2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord with the requirements of this title. The City Council finds the proposed use is harmonious with the Comprehensive Plan (see Section V for more information). 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. Meridian City Council Meeting Agenda January 28, 2020 – Page 126 of 229 Page 26 The City Council finds the operation of the proposed self-service storage facility should be compatible with other uses in the vicinity and the intended character of the area and not adversely affect such if the Applicant complies with the conditions of approval in Section VIII. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. If the proposed use complies with the conditions of approval in Section VIII, the City Council finds the proposed use should not adversely affect other properties in the vicinity. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. Because the site is within the City’s Area of City Impact boundary, the City has planned for the provision of public services to this property; therefore, the City Council finds the proposed use should be served adequately by essential public facilities and services. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. The City Council finds the proposed use should not create any additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. 7. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The City Council finds the proposed use will not be detrimental to any persons or property or affect the general welfare by any of the means listed. 8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. (Ord. 05-1170, 8-30-2005, eff. 9-15- 2005) The City Council is unaware of any natural, scenic or historic features of major importance in this area; however, finds the proposed use should not result in damage of any such features. Meridian City Council Meeting Agenda January 28, 2020 – Page 127 of 229