Bach Storage (H-2019-0121) 2020-062947 ADA COUNTY RECORDER Phil McGrane 2020-062947
BOISE IDAHO Pgs=40 VICTORIA BAILEY 05/28/2020 09:13 AM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Rami, LLC, Owner
4. Bach Homes, Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this 26th day of May , 2020, 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 Rami,LLC,whose address is 11650 South State Street.,#300, Draper,
UT 84020,hereinafter called OWNER and Bach Homes,whose address is 11650 South State St.,
#300, Draper,UT 84020 hereinafter called DEVELOPER.
I. RECITALS:
1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract
of land in the County of Ada, State of Idaho,described in Exhibit"A",which
is attached hereto and by this reference incorporated herein as if set forth in
full, herein after referred to as the Property; and
1.2 WHEREAS,Idaho Code §67-651 IA provides that cities may,by ordinance,
require or permit as a condition of zoning that the Owner and/or 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 i 1•-58.3 of the Unified Development Code ('`UDC"), which
authorizes development agreements upon the annexation and/or re-zoning of
land; and
1.4 WHEREAS, Owner and/or Developer have submitted an application for
annexation and zoning of one acre of land to the C-C(Community Business)
zoning district and to remove the property listed in Exhibit "A" from an
existing Development Agreement recorded in Ada County as Instrument #
108131099 for the inclusion into a new Development Agreement, under the
Unified Development Code,which generally describes how the Property will
be developed and what improvements will be made; and
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1.5 WHEREAS, Owner and/or Developer made representations at the public
hearings before Planning and Zoning Commission and the Meridian City
Council, as to how the Property will be developed and what improvements
will be made; and
1.6 WHEREAS, the record of the proceedings for requested annexation and
zoning held before Planning and Zoning Commission and the City Council,
includes responses of government subdivisions providing services within the
City of Meridian planning jurisdiction, and includes further testimony and
comment; and
1.7 WHEREAS, on the 28th day of January, 2020, the Meridian City Council
approved certain Findings of Fact and Conclusions of Law and Decision and
Order ("Findings"), which have been incorporated into this Agreement and
attached as Exhibit"B"; and
1.8 WHEREAS,the Findings require the Owner and/or Developer to enter into a
Development Agreement before the City Council takes final action on final
plat; and
1.9 WHEREAS, Owner and/or Developer deem it to be in its best interest to be
able to enter into this Agreement and acknowledges that this Agreement was
entered into voluntarily and at its urging and request; and
1.10 WHEREAS, City requires the Owner and/or Developer to enter into a
development agreement for the purpose of ensuring that the Property is
developed and the subsequent use of the Property is in accordance with the
terms and conditions of this Agreement,herein being established as a result of
evidence received by the City in the proceedings for zoning designation from
government subdivisions providing services within the planning jurisdiction
and from affected property owners and to ensure zoning designation are in
accordance with the amended Comprehensive Plan of the City of Meridian on
October 11, 2016,Resolution No. 16-1173, and the UDC,Title 11.
NOW, THEREFORE, in consideration of the covenants and conditions set forth
herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are contractual and
binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words,terms,and
phrases herein contained in this section shall be defined and interpreted as herein provided for,unless
the clear context of the presentation of the same requires otherwise:
3.1 CITY: means and refers to the City of Meridian,a party to this Agreement,
which is a municipal Corporation and government subdivision of the state of
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Meridian City Council Meeting Agenda May 26,2020— Page 208 of 616
Idaho, organized and existing by virtue of law of the State of Idaho, whose
address is 33 East Broadway Avenue,Meridian,Idaho 83642.
3.2 O"ER: means and refers to Rami,LLC,whose address is 11650 South
State Street.,#300,Draper,UT 84020,hereinafter called OWNER,the party
that owns said Property and shall include any subsequent owner(s) of the
Property.
3.3 DEVELOPER: means and refers to and Bach Homes, whose address is
11650 South State St.,#300,Draper,UT 84020,the party that is developing
said Property and shall include any subsequent developer(s)of the Property.
3.4 PROPERTY: means and refers to that certain parcel(s)of Property located
in the County of Ada,City of Meridian as in Exhibit"A"describing a parcel to
be annexed and a parcel to be removed from existing Development Agreement
recorded in Ada County as Instrument# 108131099,with both parcels being
bound by this new Development Agreement and attached hereto and by this
reference incorporated herein as if set forth at length.
4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right
to develop the Property in accordance with the terms and conditions of this Agreement.
4.1 The uses allowed pursuant to this Agreement are only those uses allowed
under the UDC.
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner and/or Developer shall develop the Property in accordance with the
following special conditions:
a. Development of the northernportion ofthe site(Parcel#S1 104233970)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.
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6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6)
months after the date of the Findings for the annexation and zoning or it is null and void.
7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
7.1 Acts of Default. Either party's failure to faithfully comply with all of the
terms and conditions included in this Agreement shall constitute default under
this Agreement.
7.2 Notice and Cure Period. In the event of Owner and/or Developer's default
of this Agreement,Owner and/or Developer shall have thirty(30)days from
receipt of written notice from City to initiate commencement of action to
correct the breach and cure the default,which action must be prosecuted with
diligence and completed within one hundred eighty (180) days; provided,
however, that in the case of any such default that cannot with diligence be
cured within such one hundred eighty(180)day period,then the time allowed
to cure such failure may be extended for such period as may be necessary to
complete the curing of the same with diligence and continuity.
7.3 Remedies. In the event of default by Owner and/or Developer that is not
cured after notice as described in Section 7.2, Owner and/or Developer shall
be deemed to have consented to modification of this Agreement and de-
annexation and reversal of the zoning designations described herein, solely
against the offending portion of Property and upon City's compliance with all
applicable laws,ordinances and rules,including any applicable provisions of
Idaho Code §§ 67-6509 and 67-6511. Owner and/or Developer reserve all
rights to contest whether a default has occurred. This Agreement shall be
enforceable in the Fourth Judicial District Court in Ada County by either City
or Owner and/or Developer,or by any successor or successors in title or by the
assigns of the parties hereto. Enforcement may be sought by an appropriate
action at law or in equity to secure the specific performance of the covenants,
agreements, conditions,and obligations contained herein.
7.4 Delay. In the event the performance of any covenant to be performed
hereunder by either Owner and/or Developer or City is delayed for causes that
are beyond the reasonable control of the party responsible for such
performance, which shall include, without limitation, acts of civil
disobedience,strikes or similar causes,the time for such performance shall be
extended by the amount of time of such delay.
7.5 Waiver. A waiver by City of any default by Owner and/or Developer of any
one or more of the covenants or conditions hereof shall apply solely to the
default and defaults waived and shall neither bar any other rights or remedies
of City nor apply to any subsequent default of any such or other covenants and
conditions.
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Meridian City Council Meeting Agenda May 26,2020— Page 210 of 616
8. INSPECTION: Owner and/or Developer shall,immediately upon completion of any
portion or the entirety of said development of the Property as required by this Agreement or by City
ordinance or policy,notify the City Engineer and request the City Engineer's inspections and written
approval of such completed improvements or portion thereof in accordance with the terms and
conditions of this Agreement and all other ordinances of the City that apply to said Property.
9. REQUIREMENT FOR RECORDATION: City shall record this Agreement,
including all of the Exhibits,and submit proof of such recording to Owner and/or Developer,prior to
the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property
by the City Council. If for any reason after such recordation, the City Council fails to adopt the
ordinance in connection with the annexation and zoning of the Property contemplated hereby,the City
shall execute and record an appropriate instrument of release of this Agreement.
10. ZONING: City shall,following recordation of the duly approved Agreement,enact a
valid and binding ordinance zoning the Property as specified herein.
11. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit,cash deposits, certified check or negotiable bonds,as allowed under the
UDC,to insure the installation of required improvements,which the Owner and/or Developer agree to
provide, if required by the City.
12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued
in any phase in which the improvements have not been installed,completed,and accepted by the City,
or sufficient surety of performance is provided by Owner and/or Developer to the City in accordance
with Paragraph I I above.
13. ABIDE BY ALL CITY ORDINANCES: That Owner and/or Developer agree to
abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement.
14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall
be deemed delivered if and when personally delivered or three (3) days after deposit in the United
States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as
follows:
CITY: with copy to:
City Clerk City Attorney
City of Meridian City of Meridian
33 E. Broadway Ave. 33 E. Broadway Avenue
Meridian, Idaho 83642 Meridian,Idaho 83642
OWNER: DEVELOPER:
Rami,LLC Bach Homes
11650 South State St., #300 11650 South State St., 4300
Draper,UT 84020 Draper, UT 84020
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14.1 A party shall have the right to change its address by delivering to the other
party a written notification thereof in accordance with the requirements of this section.
15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto
concerning this Agreement,the prevailing party shall be entitled,in addition to any other relief as may
be granted, to court costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall
survive any default,termination or forfeiture of this Agreement.
16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time
is strictly of the essence with respect to each and every term,condition and provision hereof,and that
the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default
under this Agreement by the other party so failing to perform.
17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure
to the benefit of the parties' respective heirs, successors, assigns and personal representatives,
including City's corporate authorities and their successors in office. This Agreement shall be binding
on the Owner and/or Developer,each subsequent owner and any other person acquiring an interest in
the Property. Nothing herein shall in any way prevent sale or alienation of the Property,or portions
thereof,except that any sale or alienation shall be subject to the provisions hereof and any successor
owner or owners shall be both benefited and bound by the conditions and restrictions herein
expressed. City agrees,upon written request of Owner and/or Developer,to execute appropriate and
recordable evidence of termination of this Agreement if City,in its sole and reasonable discretion,had
determined that Owner and/or Developer have fully performed their obligations under this
Agreement.
18. INVALID PROVISION: If any provision of this Agreement is held not valid by a
court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement
and the invalidity thereof shall not affect any of the other provisions contained herein.
19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided,each party
shall act reasonably in giving any consent,approval,or taking any other action under this Agreement.
20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action
or other proceeding instituted by any third party (including a governmental entity or official)
challenging the validity of any provision in this Agreement, the parties agree to cooperate in
defending such action or proceeding.
21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements,condition and understandings between Owner and/or Developer and City relative to the
subject matter hereof,and there are no promises,agreements,conditions or understanding,either oral
or written,express or implied, between Owner and/or Developer and City, other than as are stated
herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or
addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and
signed by them or their successors in interestor their assigns,and pursuant,with respect to City,to a
duly adopted ordinance or resolution of City.
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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 and B follow]
ACKNOWLEDGMENTS
IN WITNESS WHEREOF,the parties have herein executed this agreement and made
it effective as hereinabove provided.
OWNER: DEVELOPER:
Rami, LLC Bach Homes
By:
Its: Its:
CITY OF MERIDIAN ATTEST:
By:
Mayor Robert E. Simison Chris Johnson, City Clerk
DEVELOPMENT AGREEMENT—BACH STORAGE(H-2019-012 1) PAGE 7 OF 8
Meridian City Council Meeting Agenda May 26,2020— Page 213 of 616
STATE OF V TA,
ss:
Countyof Dr�-7 k-AY-F-
On this I b day of "" ,2020,before me,the undersigned,a Notary Public in and for said State,personally
appeared-Sh M P-kK11D LU?Ar'tf�nown or identified to me to be the "Wjk(>&J) of
Rarni,LLC, and the 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)
NOTARY PUBLIC
NIC ABBOTT Notar)7�ublic for UT-A�-14
COMM.#707078 Residing at: LA-r_�
COMMISSION EXPIRES My Commission Expires:
2-01-?
JULY 5,2023
STATE OF UTAH
STATE OF
ss:
County ofSkLT_L_kV4_- — )
On this 10 day of 2020,before me,the undersigned,a Notary Public in and for said State,personally
appeared tt�W known or identified to meto be the DWtjE7a__ of
Bach Homes,and the person who signed above and acknowledged to me that he executed the same on behalf of said
Company.
IN WITNESS WTMREOF,I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written.
(SEAL) NOTARY PUBLIC
NIC ABBOTT ��6' abq0 0-
COMM.#707079 Notary Puglic for �TA
COMMISSION EXPIRES
JULY5,2023 Residing at: -&-A
STATE OF UTAH My Commission Expires:�J�G; 110
STATE OF IDAHO
ss
County of Ada
On this26th day of MaY 2020, before me, a Notary Public,personally appeared
Robert E.Simison and Chris Johnson,known or identified to me to be the Mayor and Clerk,respectively,of the City of
Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and
acknowledged to me that such City executed the same.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written.
(SEAL) Notary Public for Idaho
Residing at: Meridian, ID
Commission expires: 3-28-2022
DEvELoPmENT AGREEMENT-BACH STORAGE(H-2019-012 1) PAGE 8 OF 8
Meridian City Council Meeting Agenda May 26,2020- Page 214 of 616
EXHIBIT A
Legal Description&Exhibit Map for Property Subject to Development Agreement
h3n
I=1 g rel I g 151 9M 9233 WES 1 S FATE STREET 1, BOISE,ID 83714 1 208.639.6939 1 FAX 208.639.6930
December 30,2019
Project No.19-169
City of Meridian Development Agreement
Exhibit A
A parcel of land situated in the Southwest 1/4 of the Northwest 1/4 of Section 4,Township 3 North,
Range 1 East, Boise Meridian,Ada County,Idaho and being more particularly described as follows:
Commencing at a found brass cap marking the West 1/4 corner of said Section 4,which bears
SOO*36'00"W a distance of 2,611.39 feet from a found brass cap marking the Northwest corner of said
Section 4,thence following the westerly line of said Northwest 1/4, NOO*36'00"E a distance of 180.00
feet;
Thence leaving said westerly line,S89'45'23"E a distance of 70.00 feet to the easterly Right-of-Way line
of North Eagle Road and being the POINT OF BEGINNING.
Thence following said easterly line,NOO*36'00"E a distance of 363.SO feet;
Thence leaving said easterly line,S89'23'53"E a distance of 230.02 feet to a found aluminum cap on the
westerly boundary line of Bach Subdivision(Book 113,Pages 16,608-16,611 of plats);
Thence following said westerly subdivision boundary line the following two(2)courses:
1. SOO'33'54"W a distance of 217.06 feet to a found S/8-inch rebar;
2. SOO*36'08"W a distance of 145.00 feet to a found 5/8-inch rebar on the northerly boundary line
of Rivervalley Retail Subdivision(Book 106, Pages 14,591-14,593 of plats);
Thence leaving said westerly subdivision boundary line and following said northerly subdivision
boundary line,N89*4S'23"W a distance of 230.16 feet to the POINT OF BEGINNING.
Said parcel contains a total of 1.916 acres(83,482 square feet),more or less,and is subject to any
existing easements and/or rights-of-way of record or implied.
All subdivisions,deeds,record of surveys,and other instruments of record referenced herein are
recorded documents of the county in which these described lands are situated in.
L A
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FNGINEERS SURVFYORS I PLANNERS
Bach Storage H-2019-0121
Meridian City Council Meeting Agenda May 26,2020— Page 215 of 616
EXHIBIT A
Legal Description&Exhibit Map for Property Subject to Development Agreement
FOUND BRASS CAP
32 33 NORTHWEST CORNER
SECTION 4
4
APN: S1 104233802
S89'23'53"E
230.02'
70.00' EXISTING R/W
V)
-0 z 10
M (0 V) * Z 0
0 C14 APN: S1104233970 to Lo �!
b 04 V) 0
0 C:)
Ld 0 V) PO
-0 CD
tw 0 C4 9 'n
0 - rj OH MEE SOOK/
w PO
LU to
0 TO
Fn RAM I LLC
< 0 0 — z
M 0 z + 1.916 Acres a.
z <
00 -,
APN: S1 104234076 P 0
CD
S89'45'23-1� POINT OF
70.00'(T b
EGINNING 0
B
KL LAND /N89-45'23"W 230.16"n
\,\r,ENS
RIVERVALLEY RETAIL
SUBDIVISION
662
0
F 0 I'T
4Z Y KE
a-100"o 00
110
P.
4 E. River Valley Street
POINT OF COMMENCEMENT
WEST 1/4 CORNER)
SECTION 4
0 120 240 360
Plan Scale:1" 120'
lam
J ENGINEERS-SURVEYORS.PLANNM
9233 WEST STATE STREET
BOISE IDAH093724
PHONE(208)63"939
FAX(ZM)639-030
Exhibit B
j
5 City of Meridian Development Agreement
I DATU 12.17.19
? PROXCJ: 19-169
Situated in a portion of the SW 1/4 of the NW 1/4,Section 4
SHEET:
Township 3 North, Range I East, B.M.,Ada County, Idaho
1 OF 1
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EXHIBIT B
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 Co u ncil Hearing Date of. Jan uary 21,202 0(Find ings on J an ua ry 28,2 02 0)
A. Findings of Fact
I. 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 2 1,
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
I. 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 (LC. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title I I 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 § I I-5A.
4. Due consideration has been given to the cornment(s)received froin the governmental
providing smices i n the City of Meridian pl ann ing j urisdiction.
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.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR BACH STORAGE-AZ,CUP H-2019-0121
Meridian City Council Meeting Agenda"j2d,,2020N(Rageai�Wqlf 6M 029
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 § I 1-5A 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 I I-513-6.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 67-651 1A. 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
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
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Meridian City Council Meeting Agenda B&Wft 28�202(Ragk�4�899 6fl 029
I. 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 § 67-652 1,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
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
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Meridian City Council Meeting Agenda B&W21*28�2G20:'agL31QW19(666229
By acti 0 on of the City Council at its regular meeting held on the 28th day of January
20200 COUNCIL PRESIDENT TREG BERNT VOTED
COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED
COUNCIL MEMBER JESSICA PERREAULT VOTED-
A
COUNCIL MEMBER LUKE CAVENER VOTEDA- &N�.
COUNCIL MEN4BER JOE BORTON VOTED
COUNCIL MEMBER LIZ STRADER VOTED k, low
MAYOR ROBERT SIMISON VOTED
T IE BREAKER
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Copy served upon Applicant, Community Development Department, Public Works Depaili-nent and City
Attorney .
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By : Datede January
Cl" ty Clerk' s Offic
FTNDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FOR BACH STORAGE — AZ, CUP H-2019-0121 4 P-o
Meridian City Council Meeting Agenda May 26,2020— Page 220 of 616
STAFF REPORT Elk�
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 1/21/2020 Legend
DATE.
P-o-�ec-
let
TO: Mayor&City Council
FROM: Sonya Allen,Associate Planner
708-984-5533
Bruce Freckleton, Development
Services Manager
SUBJECT: H-2019-0121
Bach Storage
LOCATION: 2480&2500 N. Eagle Rd.
I L
1. 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.
11. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage k 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) Scl f-service storage facility
Physical Featums(waterways, None
hazards., flood plain,hillside)
Neighborhood meeting date;#of 8/6/2019:no attendees
attendees:
History(previous approvals) AZ-08-004(Ord.08-1392,DA#108 131099-Regency ai
River Valley)
B. Community Metrics
Description Details Pa g e
Ada County Highway District
a Staff report(yes/no) No
Meridian City Council Meeting Agenda WxPp261 2020G2(P-ag1ed4b1 WT366229
Description Details Page
Requires ACHD Conunission No
Action(yes/no)
Idaho Transportation Department No comments received
Access(Arterial/Collectors/State Access via E. River Valley St.,a commercial collector
Hwy/Local)(Existing and Proposed) street.via a backage road along cast boundary of site
Stub Street/Interconnectivity/Cross Access via E. River Valley St,commercial collector, rTom
Access the south via a cross-access casementfbackage road
Existing Road Network None
Existing Arterial Sidewalks There are no existing sidewalk/pathways on this site along
Buffers N.Eagle Rd./SH-55
Proposed Road irnprovenients None
Fire Service See Section VIILC
Police Service No comments received
Wastewater
Distance to Sewer Services O-Fect
Sewer Shed Five Mile Trunk Shed
a Estimated Project Sewer See Application
ERU's
* WRRF Declining Balance 13,79
o Project Consistent with WW Yes
Master Plan/Facilit
,y Plan
a Sewer Review Comments As designed,the northern building encroaches within the
existing sewer casement.
Water
0 Distance to Water Services 0-feet
@ Pressure Zone 3
a Estimated Project Water See Applicafion
ERU's
* Water Quality Concerns None
0 Project Consistent with Water Yes
Master Plan
o Impacts/Concerris As designed,the northem building encroaches within the
existina sewer/water casement.
Meridian City Council Meeting Agenda"j2d,,202DtW-(Pag'i!a�R216f.To,1162�-.')
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IV. NOTICING
Planning& Zoning City Council
Posting Date Posting Date
Newspaper notification 11/19/2019
published
Radius notification mailed to
property owners within 300 feet 11/26/2019
Public hearing notice sign posted 12/6/2019
on site
Nextdoor posting 11/26/2019
V. STAFF ANALYSIS
Comprehensive Plan Future Land Use Map Designation (htos.-Ili4�ii�iv.tpieridicit?eiA�.oWl_coMlan):
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,
N Residential densities should be a minimwn of six dwel lings/acre.Not Applicable(NA)
0 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-1 6 or SH-69.NA (a multi-
fiamill,development abuts this site to the east)
9 A conceptual site plan for the entire mixed use area should be included in the application. 77?e
entire propern,is shoA,-n on the proposed site plan.
N In developments where multiple cornmercial and/or office buildings are proposed(not
residential),the buildings should be arranged to create some form of cornmon, usable area.
such as a plaza or green space. NA
F 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 bq&-with afence as a btf&r andscreening to the aqjacent nuelti-Janiih,
development to the east.
a A mixed use project should include at least three types of land uses. Exceptions may be
granted for sina I ler sites on a case-by-case basis. Due to the small size of this it?fl It site(i.e.
less than 2 acres), only a single use is proposed; however, it does contribute toward the ill bc
of uses alreadv developed in this area (i.e. tnulti-finnilv and commercial).
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Meridian City Council Meeting Agenda"j2d,,2020tW_(RagekW1dfffid6229
* Cornmunity-serving facilities such as hospitals, churches.schools,parks, daycares,civic
buildings,or public safety facilities are expected in larger mixed use developments.Although
not apublic useffiwility, theproposed use,�villprovide a needed sen,icefiar residents in close
proximitv 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 andlor quasi-public
spaces or places are proposed.
is AH mixed use projects should be directly accessible to neighborhoods within the section
by both vehicles and pedestrians.No conneetivitv (veh ieular or pedestrian.) is proposed to
the inulti- Stqffreconitnends a drivewav connection wilh a
fi�tnilv development to the east;
pedestrian walkway is provided between the properties.for interconnecfivii`3�
Street sections consistent with the Ada County Highway District Master Street Map are
required within the Unified Development Code. NA (no public streets are propayed)
Because of the existing small lots within Old Town,development is not subject to the Mixed
Use standards listed herein, N.4
T-he following items will be considered in MU-R areas:
Development should generally comply with the general guidelines for developmeni in all
Mixed Use areas- Theproposed development general1v complies with The applicable inixed
use guidelines.
• Residential uses should comprise a minimurn of 10%of the devel opirient.area at densities
ranging from six to 40 units/acre. No residential uses areproposed an[his site but do exist
direct1v to the east at a densii�r qf 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 inanY such uses exist to the south (i.e.
Mailress Firin 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 storageftrcili�v vvill contribute to the variety of uses in ihis area,
• "Encourage infill development."(3.04.02B)
A nnexation and developmew offhe subject infl1l property,will provide more efficient
provision qfpublic services.
• "Develop pathways to connect Meridian with Boise,Nampa,Kuna and Eagle."(6.0 1�02C)
A multi-use pathwav is required within the street bujj�r along Eagle Rd.ISH-55, which Will
connect to existing segments qfthe path wq�ip to the north and south oJ'this site.
• "Consider needed sidewalk,pathway,landscaping, and lighting improvements with all land-
use decisions along SH-55."(3.03.02Q)
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Meridian City Council Meeting Agenda"jMj,2020N(Pagi�k251V!666229
A 10-
lbot wide mulli-use path wi��y,pedestrian lighting and landscaping is required to be
installed within the street bqfl�r along Eagle Rd.ISH-55 wi/h development as selforth in
UDC 11-3H-4C.
• "Protect existing residential properties from incompatible land use developments on adjacent
parcels."(3.06.01 F)
Because the proposed use will almost entireli,be accessed.fi-oni internaltv within the
structure, abuttingpi-opertiesshould experience little adverse i�ffectsfrom noise; therqfore.
the proposed use should be compolible wilh existing residential uses.
• "Require screening and landscape buffers on all development requests that are more intense
than adjacent residential proper-ties."(3.06.01 G)
The site design(?f the proposed development with a 25-1bot wide landscape buffer and closed
visionfence.for screening will be compatible with the a4jacent residential developmew to the
east.
• "Minimize noise,odor, air pollution, and visual pollution in industrial and commercial
development adjacent to residential areas."(3.06.01 B)
The proposed use should result in little to no noise, odor, air or visual pollution since the
majoK4,of the storage units will be access internally and the site is screenedfi-om view oJ'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."(3-0 LQIF)
Urban sen,ires are rnailable and can be provided to this property wilh 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-farinly 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 VILA.
The City may require a development agreement(DA) in conjunction with an annexation pursuant
to Idaho Code section 67-651 IA. 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
Paoc 6
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Meridian City Council Meeting Agenda"jMj,20212102CIP-aglkRO19666229
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 I 1-2B-2 and is subject to the speci fic use standards li sted in U DC 11-4-3-3 4. Storage
Faci I ity. Sel f-Servi ce and the standards I isted in U DC I I-3A-16,Sel f-Sery-tee Uses (see standards
below).
D. Specific Use Standards (UDC 11-4-3):
UFDC 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 uninimurn 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 masonty screen wall is proposed to screen theJaciliti,
firoin public view along N.Eagle Rd.ISH-55 where the drive aisles are located between
structures and a 6'tall vinylfence exists along the east side of this site a4jacent 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. Theproject abuts a residenlial
district on the east boundary qf'lhe site. The proposed hours qf operation are Monda-ly thru
Sunday 6:00 am to 1]:00 pm and will he 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 lan dscape buffer is proposed on th is site, Cily Co[in cil appro val of a modified
buffer width is needed as sefforth in UDC 11-3B-9C.Z The applicant proposes lite existing
15-foot svide wide buffer on the adjacent residential propedy to the east, resulting in a 25-
fiot wide buffer between uses,to count loward the buffer requirement. Staff is amenable to
this request as it nteets the intent qf the requirentent, however, Council approval i-i needed.
Additional landscaping should be added within the buffer to comply with thestandards
listed in UDC 11-3B-9C, which require a niLr of evergreen and deciduous frees,shrubs,
lawn or other vegetative ground cover that results in a barrier that allows trees to touch at
the time ofnutttiri�y. A 6'tall viny1fence also exists along the east boundary ofthis site
which will provide added screening qf the site.
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Meridian City Council Meeting Agenda"j2d,,2020N(RagekV101566229
G. If the use is unattended, the standards listed in UDC 11-3A-1 "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 lhe.l�cilih,
will be openfi-om the east sideftom the norlhIsoulh backage road: the site is screened oil the
west side a4jacent to N. Eagle Rd.ISH-55 as required by UDC 11-4-3-34D. Low impact
security fighting 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(Y) in height between
entrances and financial transaction areas and the public street. Not applicable—financial
transactions will be handled inside the building in the oftice.
H. The facility shaU have a second means of access for emergtney purposes. A cross-access
easement is depicted on the site plan across the properi),to the north (Great Wall)fior access
via Eagle RdISH-55; how-ever, that access was only approved on a temporaty basis and is
required to be removed and the street buffer e-wended tepon completion of the backage road
for access via E. River Vallev Street(YAR-08-004). A viable secondary access is required
eitherfrom 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 orjunk yard"as herein defined.
K. For any use requiriDg 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 QIjiiel or
haz�ardous 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 11-213-3.
F. Access(UDC 11-3A-3, 11-3H-4):
Access is proposed via a backage road along the east boundary of the site frorn E. River Valley
Street,a cornn ercial collector street to the south, cross-access casements 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.
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Meridian City Council Meeting Agenda"j2d,,202ON(Ragi�*RBldh6d6229
Further,for intereannectivity 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 proper�v o Krner to the north qflhe Greal Wall properi),and the Finch Lateral at 2600
N. Eagle Rd. is work-ing with ITD on a possible access via Eagle Rd.ISH-55 and exlension of'the
backage road across the laleral. If the backage road is extended across the lateral, secondary
access could be provided�fi-oln the norlh. However. because this is a inixed use designated area.
vehicular andpedestrian access should still be provided between the abutting residential
development and the subject propertyfor ease qlaccess between uses and interconnectivitY.
G. Parking(UDC LLJ Q:
Off-street parking is required in accord with the standards listed in UDC I I-3C-6B.1,which
requires parking based on the gross floor area of the office space only(I 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 rive(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 I 0-foot wide multi-use pathway withi n a pubi ic use casement and pedestri ail I i gh ting i s
required along N. Eagle Rd./SH-55 as set forth in UDC 11-3 H-4C.3;detail s shou Id 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.
1. Sidewalks(UDC 11-3A-1 7):
Sidewalks are required along all public streets as set forth in UDC I I-3A-17,detached sidewalks
are required along arterial streets(i.e. N. Eagle RUSH-55).The multi-use pathway required in
UDC 11-3 H-4C discussed above wil I 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 I 1-313.
A inin-1 murn 3 5-foot wi de street buffer is requi red along N- Eagle Rd-/SH-5 5�ail entryway
corridor,per UDC Table I 1-2B-3,measured from the ultimate curb location as anticipated by
ITD inaccord with UDC I I-313-7C.I a.,and landscaped per the standards listed in UDC I 1-313-
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 shal I mai ntai n a I 0-foot
compacted shoulder imeting the construction standards of the transportation authority and
landscape the remainder with lawn or other vegetative groundcover as set forth in UDC H-3 13-
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Meridian City Council Meeting Agenda"j2d,,2020N(Pag'i!a�RD b(C6462 29
7C.5; depict accordingly on the landscape plan.A license agreetnent will be required between the
propertj;owner and the transportation authorityjbr anv landscaping iniproveinents within the
right-91-way.
Perimeter landscaping is required adjacent to parking and vehicular use areas as set forth in UDC
11-3 B-8C.1. the proposed landscaping complies with UDC standards. The project is aveniptfroni
the slandards,fbr internal parking lot landscaping because-the parking lot hasftwer than 12
spaees.per UDC 11-3B-8C2.
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 11-4-3-34 F (unless otherwise
modified by Counci I), landscaped per the standards listed in UDC I I-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 I 1-4-3-34H
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 LL-3A-6)
There are no waterways on this site.
L. Fencing(UDC 11-3A-6,L]-�LA-7),
There is a 6-foot tall vinyl fence along the cast boundary of this site; no new fencing is proposed.
M. Utilities (UDC LI-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 cast. 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 comments1conditions.
N. Building E levations(UDC I 1-3A-19 1 A rehilectural Standards Manyao:
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.
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Meridian City Council Meeting Agenda"j2d,,2020N(PagRa�43D bf 1666229
V1. DECISION
A. Staff:
Staff recommends approval of the proposed annexation and zoning and conditional use permit
with the comments and conditions listed in Section V1[l per the Findings in Section IX.
B. The Meridian Planning&Zoning Commiss ion heard these items on December 19,2019. At the
public hearing,the Commission moved to recommend approval of the subject AZ and CUP
gequests to Qijy Council.
I.- SummM of Commission public hearin&.
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)
Staff presenting application: Bill Parsons
f. Other Staff commenting on application:None
1 kaissue(s)Of 2tiblic teslimony:
a. None
3. 'key issue(s)of discussion by Commission:
k. The provision of vehicular and pedestrian connectivit totheadJacentmulti-family
residential development to the east,
b. SecondM emeWncy access to the site if the existing tenoraty access on the Great
Wall propeM via Eakbe Rd. is removed as required-,
C. Preference for the existing temporary access approved through VAR-08-004 to the Cre
Wall propeM 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 casement/driveway
from the multi-farrdly 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
Pronerties,possibly a gated access only accessible by residents to restrict cut-through
traffic.
e. Concern pertaining to the impact the proposed 3-stoU storage facility wit I havc on the
resident's views in the adjacent 4-sto!y apartments and desire for Staff to do a veiy
thorough-desi,up review on the structure for architectural Wpeal and gLq�qtibjLjjy with
the adiacent residential develoi2ment.
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 cast boundM of the site,
b. The Corm-nission recommends the inclusion of a requirement for strict desigg review o
all four sides of the proposed structures to ensure compatibility in appearance with the
adi acent apartment complex to the east(see DA provision A.I c in Section V HF);
c� The Commission recotm-nends 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
i,nterconnectivi!y between uses which would also serve as an emergency access for the
storage-faciliq (see condition#A.2k in Section V111).
d. The Commission recommends the existing temporary access via E4gle Rd. on the
adjacent(Great Wall)prol?erty to the north remains until such time as the backage road
is extended to the north of the Grgat Wall property. --ote.- Because the a0l acent
-(N
Page I I
Meridian City Council Meeting Agenda"jMj,202ON(PaglekW 11166229
pzo -tvisii'tthesiibLectoftiii.vapp1 ian I sn't a rmal i-ecwnmendation the
Rep --inat- - his i t6
Council should yel on.1
5. Outstanding issue(s) for Cijy Council:
4. The Applicant requests City Council's considerst-I on and approval of a reduced buffer
width to residential uses alonp,the east boundary of the site frorn 25 to 10 feet,whic
added to the existing 15-foot wide buffer on the adjacent propeLly would total 25 feet.
C. The Meridian City Council heard these items on Januar
21,2020�At the public hea-fing,the
Council rn ved to aivrove the ubiect A7 and CUP req -
mt
L Summary of the-City Council public hean'alzi
& In-favor.
k In opmaitim Npw
CL Commenting:None
jL Staff prmenhng=k=pa SmygAhm
Mer-Staff commentbW,-orLaM)hcatiwiJQc om
-BjMg�b --o
-Qf-
kwbli-c k9impay
a. Nonq
Key i..I c(s)of discussion by-City Council-
a� Thgkinm5im-oft gnda wxr
bv the U an-d-where it shoul vided from i.e.n r1h o
d be movided from and south and co-ustructi
b- ThepmAsim of cros"ccess easeniept�-to-Aw—,no-rth WnDfa
hapkwupaul-alon hc-mtbounta
&C -a
that fton-t Engle Rd. from whi-ch access i-s-restri-cted; and,
-c. ih:�Applicant's req t f, id Ion 1qS 0 hr Ile.
weed buffer a — -a%b undary oft -S:
uj]�i I g qa��t �km gjt
b )MMis _
4. C swD Noummdatiom
_CgQ6,to C
a. The Council Wpted qpp--oyal of the A -licant's reguest fQr a reduced buffer width from
9A.2a in Section VIU)
Page 12
Meridian City Council Meeting Agenda"jMj,2020K(Pag'i!,��a2 1of:T5,162 2
V11. EXHIBITS
A. Annexation &Zoning Legal Description and Exhibit Map
9233 WEST STATE STREET I BOISE,ID63714 I 2D8.639.6939 I FAX208,639.6930
October 16,2019
Project No.19-169
City of Meridian Annexation
Exhibit A
A parcel of land situated in the Southwest 1/4 of the Northwe5t 1/4 of Secti on 4,Township 3 Nort h,
Ra inge 1 L a st,8 o ise Me rid ia n,Ad a Co u n ty,I d 1 h o a n d b eing More pa rficu I a rl V descri bed as fa I lows:
Co mm e ncing a t a fa und bra ss ca p m arki ng the W e st 1/4 co rner of sa id 5 e ctio n 4,wh ich b ea rs
SOW36'00"Vy a distance of 2,611.39 feet from a found brass cap marking the Northwest corner of said
Section 4,thence folInwIng the wpsterly line of said Northwest 114,NOO'36'00"E a distance of 180.00
feet to the POINT OF BEGINNING.
Thence following 5ald westerly line,NOO'36'00"E a distance of 145,00 feet;
Thence leaving said wpsterly line,S89'4S'24"E a distance of 300.16 feet to a found S/9-ifirh rebar on the
westerty bouridary line of Bach SUbdivision;
Th en ce(o I I o w i ng 5 a id weste ri V su bd Ivi slo n bo u n d a ry Ii r te,500'36'08"W a d i sta n ce of 145.00 1*e t to a
found 5/9-Inch rebar on the northerly boundary llne of Rivervalley Retail Su bdivislon,
Thence leaving said westeriy subdivision boundary line and following said niortherly subdivision
boundary line,N89'45'23"W a distance of 300.16 feet to the POINT OF BEGINNING.
Sa 1 d pa rce I co nta Ins a tota I of 0-9919 acre s(43,S 2 2 squa re f e et),mo re o r le ss,a n d I s s oble ct to a ry
existing easements and/or rlehts-of-way of record or Implied.
All subdivisions,deeds,record of surveys,and other instruments of rerord referenced herein are
recorded documents of the county in which these!described la nds are situated in
�'t
12459 ,,
F,NGINEERS SURVEYORS I PLANNERS
- Page 13
Meridian City Council Meeting Agenda WxPp2d,,2020R2(Pag'ea-031cC64f)229
FOUND BRASS CAP
32 33 HWEST CORNER
NORT
S� SECTION 4
APN: S1 104233970
300.16,
S89'45'24"E
z
La 70�013' EXISTING R/W
0
cc n 0
M OH MEE SOOK
"to
L K) Ln
0 APN: SI104234076
LU 0.999 Acres 0
�n(D 2! V)
�L L A#,) N89'45'23"W
FUINI OF
RIVERVALLEY RE-TAIL
SUBDIVISION
12 59
C�
N� R7476320020
OF
0 ek \ APN: R7476320010
P0114T OF COMMENCEMEN r 4 E, R ive r Val I ey Street
WEST 1/4 CORNER
SECTION 4-
0 ion 200 300
lum Plan Sca;e.-1" 100'
00M
HIGINEFR5.SURVEWR5.FLANIKAS
SM WUTSTAq SMEFT
2cPmr,;vA"0$3114
f-mut IZM M-"-"
Exhibit B
CATE: City of Meridian Annexation
Situated in a portion of the SW I/A of the NW 1/4, Section 4
SHEET,
I OF I Township 3 North, Range 1 East,B.M.,Ada County, Idaho
- Page 14
Meridian City Council Meeting Agenda"j2d,,2020K(Pag'i!�44 lof-15,16229
B. Site Plan (dated: IOLIL2019 REUSED
SRE INFOi
U5 ACQFIF
LARGE,10IDNO-I 00=5F
J.'"51F
.wNQ IIEQ�JW�-
%1fJWA--E F,-41LM--AkUk�IF-Q IT AIL�
0"I�F JP ACV-J.(M�r-7 V.1,%
vAA91WQ PR*VIDEO: UA"1,AOA I
R �IrTL.�SIALLS RLIQORbJ I
31CW-LE SIALLS t,1L9A--Lr
4-
Fin
v
L
f
L
%Md-ifj A 11
Ar
BACH STORAGE - 2500 N Eagle Rd. Meridian, ID
10-1-2019 SCALE:1*=3(Y-O'
Page 15
Meridian City Council Meeting Agenda a4ayi2d,,2020W(RagRa4t511516229
C. Landscape Plan(dated: IW-1,L2AIA UMSED
CU
FACILITY�,2m SF
0
to
Lit
101-1 Hit 50'�CVAild NI,
71
3 STORY
ALP WORAGE
FACIIJTY
MAW r,
LL-
E
OT FJCEf
CN
L I
IOUNFP
;ACOY 3,2rA SF k 1)
BACH STORAGE LANDSCAPE PLAN - 2500 N Eaule Rd. Meridian, ID
10-1-2019 SCALE.I'=20'-O' F-I
Page 16
Meridian City Council Meeting Agenda 2020f�?(Pag'i!a4361of-e65l62�-1)
D. Building Elevation Perspective
ALUMINUM STOREF RON
ANHODtMJ)ALUNII14UM
FS OORNICE COLOR ML I AL PANEURQU.UP EPFS COLOR EIFS COLOR SPLIT FACE WU
W-PON ORE DOOR COLOR SW-ARWS Sw-NEBULOUS WHI-FE SUNROC CHARCOALLO�
5V-13LUE LAPIS
ME AL CANOPY
DARK BRONZF;
Page 17
Meridian City Council Meeting Agenda Wayi2fy,282j3G2(P-agP�iW10fM5t$f)229
E. Legal Description&Exhibit Map for PropeM Subiect to Development Agreement
1=
9233 WEST STATE S7REET I BOISEID83714 J 203,639.6939 J FAXZ08.639�6930
December 30,2019
Project No.19-169
City of meridian Oevelopment Agreement
Exhibit A
A pa rce)of la n d sit u a te d i n t h e 5 0 UthWe 5 t 1/4 of the N orth west 1/4 of Sectio n 4,Tow nship 3 N 8irth,
Range I East,Boise Meridian,Ada County,Idaho and being more particularly described as follow5:
Commencing at a lound brass cap mar king the West 1/4 comer of said Section 4,which bears
S00*3610lyrW a cifstance of 2,611,39 feet from a found bras5 cap markin@ the Northwest corner ofsaid
Section 4,thence following the westerly line of said Northwest 1/4,NOC'36'DD"E a distance of 190-W
feet;
The nce le av ing sa id vvpOer ly I in e r S89'41 S'2 3"IF a diAta nt.e of 7D�00 f Pe t i D t h e easte r ly R ight-of-Way I i n e
of N o rth Eag le Road and being the POINT OF 0 EGI N NI IN G-
The nce fa I[owl ng said ea ste 0 V I i ne.NOO'3 6'00'E a dista n cc of 36 3.SO feet;
Thence leaving said easterly line,S89'23'53"E a distance of 230.02 feet to a found aluminum cap on the
westerly bound&ry line of Bach Subdivision(Book 113,Pages 16,608-16,611 of plats),
The noe fo I I owl ng said westerly 5vbd iv is lo n bou n d a rV I I n e th e fo llo w I ng two(21 cou rse s:
L SOD'33'540W a distance of 217.06 feet to a found 518-inch rebar,
2. SOO'36'08"W a distance 014S.00 feet to a found 518-inch rebaron the northerly boundary Ime
of Rivervailey Retail Subdivision(Book 106,Pages 14,591-14,S93 of plats�;
The noe le av ing sa id westerly s u b div isi a n bou nd a ry I i ne a P d followi ng said northe r1V s u bdivision
ba u nd a ry Itne,N8 9'4 5'2 30W a dista nce o(2 30.16 fee L to t he PO I N T OF BEG I NN ING.
Said puce�contains a total of M 16 acres(83.482 square feet),more or less,and is subject to any
e xis il ng ease m cots a nd/or right s-of-way o f reco rd or im p I i e d�
All subdivisions,deeds,record of surveys,and other instruments of record referenced herein are
record ed do cuments o f the co u n ty im wh le 0 these de scri bed I and s a re situa t ed 1 n.
t,L L
666
�p ca
Of
Y Kt
lot
FNGINEFRS I SURVEYORS I PLANNEHS
- Page 18
Meridian City Council Meeting Agenda"j2d,,2020C.�2(P�agi�,7g$BlcC!346229
I FOUND SPASS CAP
32 33 NORTHWEST CORNER
r�—SECTION 4
4
APN: S110,Q33802
S89'23'53"E
230.02*
-70.00' EXISTING R/W a:
C) APN. S710,1,233970
0 cli
Ld a
b (n @
-0 to V
C1 OH MEE SOOK/ r-
to
�2 RAM I LLC
M 1416Tcres
z
00
APN: S1104234076 P 0
to '6
S89'45'23'E POINT OF n *
70.0D'(TI b
BEGINNtNG
1%L LAND /N&9'45'23W 230.16'U)
016
or,E N SeD
RNERVALLEY RETAIL+
C1. 662 0- SUBDI'VISION
AL_
KE
4
E. River Valley Street
POINT OF COMMENCEMENT
WESJ 1/4 CORNER
SECTION 4
0 120 240 360
Plan Scale:1" 120'
E
EIOGMEERS SURVEYORS.FLAMERS
9Z33 WE5T STATE STPEET
M5E.1DOW08371A
FAX(M81 639,5930 Exhibit B
City of Meridian Development Agreement
wE 12.17.L9
SHEET: Situated in a portion of the SW 1/4 of the NW 1/4,Section 4
1 OF 1 Township 3 North, Range 1 East, B.M.,Ada County, Idaho
Page 19
Meridian City Council Meeting Agenda B&Wft 2B2j3G2(P-ag14cR,#912W66229
Vill. CITYIAGENCY CONINIENTS & CONDITIONS
A. Planning Division
Annexation&Zoning Comments:
I 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. Devel opment of the northern porti on of the site(Parcel #S 110423 3970)shal I
no longer be subject to the terms of the Development Agreement for the
Regency at River Valley project recorded as Instrument No, 108 131099.
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-1 9 and the design.standards listed in the Architectural
Standards Manual. Strict desigg review of all four sides of the proposed
structures to ensure compatibility in appearance with the adjacent 4partment
complex to the cast is required.
d. Direct access to the site via N. Eagle Rd./SH-55 is prohibited.
Prior to the C-0,Counell hearing,the Applicant shnil submit a legal description &
e*h 0 h it MOP f(I F th 0 ent4 Fe hou nda r-3, of the site subj eet to the Fiem, PA.
Conditional Use Permit Conditions:
I 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 241 0-foot wide buffer to residential uses along the east boundary of the site as
qpproyW-by City Cpupcil set fei4h in acq)r-d with-VDC Table 11 2B 3 and 11 4 3
I 1-3-B-9C.Z .A reduction in the bqlfer
width shall not affect building setbacks.-all structures shall he set backftom the propert'I,
line a mininnon qf the byl
,f6-width required(i.e. 25). The Applicant requests approval
of reduced buffer width to 10feet, which combined with Ilse axisting 15-figot wide
b uffiej-o i i th e a t�a c en t p r op erly to th e east will total 2 5 feet _Qt)_,Cw—in qly - ved-&u
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 I I-313-9C,which
require a mix of evergreen mid 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
Page 20
Meridian City Council Meeting Agenda"jMj,2020tW_TagRA�#D'Jdf 1666229
frontage calculation in the calculations table on the landscape plan to demonstrate
compliance wilh the standards listed in UDC Table 11-213-3,11-313-7C and 11-313-1 2C,
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 11-3 B-7C.Ia.
e. If the unimproved right-of-way along N. Eagle Rd./SH-53 is 10 feet or greater from the
edge of pavement to edge of sidewalk or property line,the developer sha B maintain a 10-
foot compacted shoulder ineeting the construction standards of the transportation
aLithority and landscape the-remainder with lawn or other vegetative groundcover as set
forth in UDC 11-3 B-7C-5; depict accordingly on the plan.A license agreement will be
required beN)een the property owner and the transportation authoritv,lbr anv
landseaping irnprovemejits within the right-of-waY.
f. Depict landscaping on either side of pathway along N. Eagle Rd./SH-55 per the standards
I isted in UDC 1]-3 B-12C in addition to the required street buffer landscaping.
g. Depict low impact security lighting on the plans in accord with UDC 11-3A-I 6A and I I-
4-3-34D.
h. Depict bicycle parking as set forth in UDC I I-3C-6G per the location and design
standards I isted in UDC I 1-3C-5 C.
L Depict a secondary emergency access to the site as requ i red by UDC 1]-4-3-34H,Note:
The existing temporary access via N. Eagle Rd.ISH-55 on the Great Wall propert-V to the
north does not qualify as its required to be removed once the backage road is
constructed.
j. There is a 7-8' gap fi-om 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 Lhe
adjacent property owner's consent.
k. CaiistFuet a veliirmlar-and pedestrian e9fineetion to t4ie r-esidential develeptoRent to 44e east
for inter This tweess ivillsafi�&the seeondwy eonogeney aef'-eys
I - . &i!ongied abaw—Although not a requirement,the Applicant should continue to
work with the progei1y owners to the east on a cross-access casement/drivewa fo
interconnectivily between uses which would also serve as an emgrgency access for the
storage flacilt,which is a requirement for the use.
3. A I O-foot wide mul ti-use pathway within a public use casement and pedestrian lighting is
required as set forth in UDC I I-M-4C.3, details shouid 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 faci I ity shall comply with the speci fic use standards li sted in UDC 11-4-3-34, S torage
Facility, Self-Service,included but not limited to the following.
— Page -2 I
Meridian City Council Meeting Agenda"jMj,202ON(Paglek*1113662 29
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 fi7om 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 arlicle , "Temporary Use Requirements",of
this title.
3. The hours of pub]ic operation of the storage faci I i ty shal I be I i rn ited to six o'c lack(6:00)
A.M. to eleven o'clock(11:00) P.M. as set forth in UDC I 1-4-3-34E.
6. A 10-foot wide multi-use pathway within a 14-foot wide pub]ic use easement and pedestrian
I i ghting is required as set forth i n UDC 11-3 H-4C.3; details shou ld be s ubmitted 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 I I-
313-12C.
7. A cross-access easement shall be recorded granting access to the properties to the north
(#S 1104233802),south(#R7476320020 and R747632001 0) and east(#R0748300 100)via the
backage road proposed along the cast 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 easerrient(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 forrn 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 I I"map with bearings and distances
(marked EXHIBIT B) for review. Both exhibits must be scaled., signed and dated by a
Professional Land Surveyor.DO NOT RECORD. Add a note to the plat referencing this
Page22
Meridian City Council Meeting Agenda"j2d,,202ON-TagRa�42 W146229
document. All casements 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.
C�
5� Any existing domestic well system within this project shall be removed frorn dornestic
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�
R. All improvernents related to public life,safety and health shall be completed prior to
occupancy of the structures.
9,. Applicant shall be required to PaV Public Works development plan review, and construction
inspection fees, as detennined 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.
It. 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. A 11 gradi ng of the site shal I be performed i n conformance with MCC I I-I 2-3H.
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 an&or
drainage facility within th is proj ect that do not fal I under the jurisd iction 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 arnount
of 20%of the total construction cost for all cornpleted 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
Page 23
Meridian City Council Meeting Agenda"jMj,2020tW_(PagekW1c945d6229
Community Development Department website. Please contact Land Development Service
for more information at 887-2211.
C. Fire Department
I Fire Flow: Commercial and office occupancies will require a fire-flow consistent with
International Fi re Code Append ix B to service the proposed proj ect. Fire hydrants shal I 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(lFC)
508.5.4 as follows:
a. Fire hydrants shall have a Storz LDH connection in place of the 4 1/2"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 comers when spacing permits.
d. Fi re hydrants shal I not have any verti cal obstruction s 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 Supp I y: There shal I be a Fi re liydrant within 100' o f a]I fi re department connecti ons 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 wil I require a secondary access per International Fi re Code Section D 104.3. 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 setved�measured in a straight
line as set forth in International Fire Code Appendix D 104.1.
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 iTaffic
calming devices installed without prior approval of the Fire Code Official. National Fire
Protection IFC 503A.1.
7, Access: Operational fire hydrants,temporary or permanent street signs,and access roads with
an all-weather surfiice 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. 1FC 102-9.Caps can be ordered at www.kiioxbox.corn
— Page 24
Meridian City Council Meeting Agenda"jMj,2020tW_(Pagl8kW1cffffid6229
LX. 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:
I The map amendment complies with the applicable provisions of the comprehensive plan;
The City Councilfinds the proposed map amendment to the C_Czoning district is consistent
with the MU-R FLUM designation and the Comprehensive Plan (see Section V.forniore
h7formation).
2 The map amendment complies with the regulations outlined for the proposed district.
specifically the purpose statement;
The Cio,Council,finds theproposed map amendment complies with the regulationsfiw,the
commercial districts in that the subsequent development of the proper(y will provide a needed
servicefir the community.
3.. The rnap amendment shall not be materially detrimental to the public health, safety, and
welfare;
The Citv Councilfinds the proposed inap amendinent 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 Cifi,Councilfinds theproposed map amendment will not adverseiv impact the provision
q1-public services within the Ch�v-
5. The annexation(as applicable)is in the best interest of City.
The Citv Councilfinds the proposed anne--cation ivith C-C zoning is in the best interest oj-the
cjtj�.
B. Conditional Use Permit
The Conin ission shall base its detennination on the conditional use permit request upon the
following:
L That the site is large enough to acconunodate the proposed use and meet all the dimensional
and development regulations in the district in which the use is located.
The City Councilfinds the site is large enough to accommodate the proposed use and ineels
all the dimensional and development regulations oj'the C�C zoning disirict wilh Council's
approval qfa reduced bulfer width to residential uses as proposed.
That the proposed use wil I be harmonious with the Meridian comprehensive p[an and -in
accord with the requirements of this title.
The City Councilfinds theproposed use is harmonious with the Con-iprehensive Plan (see
Section P�for more hiforination).
I 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.
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Meridian City Council Meeting Agenda"jMj,2020G2FaglRkWXffT3d6229
The Citj, Councilfinds the operation oJ'theproposed self-sei-vice storagef�cility should be
compatible with other uses in the vicinin,and the intended character ofthe area and not
adverse4,qftel such ij'the Applicant cninplies with the conditions q1'approval in Section
17111,
4. That the proposed use. if it complies with all conditions of the approval imposed, will not
adversely affect other property in the vicinity.
Ifthe proposed itse complies with the conditions oJ'approval in Section VIII, the Ci�v Council
finds the proposed use should not adversel-v qft-ct othei-properties in the virinih,'.
.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 Citvs A rea of Citj,Impact boundarj� the City has planned.for
the provision oJpublic services to this proper�v; therebre, the Ch'v Councilfinds the
proposed use should be served adequately by,essential publiefi7cilities 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 Citi, Counciffinds the pi-oposed use should not create any additional costs.for public
fiacilities and services and will not be detrimental to the econonzic weUare qf the coniinuniq?.
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 Cin,Councilfinds theproposed use will not be detrimental to ai�ypersons orproperty or
aff&ct the general welfare by aRv qfthe 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 Citv Council is unaware of anv natural, scenic or historic fialures qJ'Inajor imporlance
in this area; however,.finds theproposed useshould not result in dainage of anYsuch
features.
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Meridian City Council Meeting Agenda"j2d,,2020N-Tag'i!d�46WT,116221)