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Z - Development Agreement (2020-178121) ADA COUNTY RECORDER Phil McGrane 2020-178121 BOISE IDAHO Pgs=42 KRISTINA LOWRY 12/23/2020 10:32 AM CITY OF MERIDIAN,IDAHO NO FEE ADA COUNTY RECORDER Phil McGrane 2021-008608 BOISE IDAHO Pgs=45 CHE FOWLER 01/15/2021 04:14 PM CITY OF MERIDIAN, IDAHO NO FEE Re-Record to Correct Legal Description and Exhibit DEVELOPMENT AGREEMENT I City of Meridian PARTIES: 2. Jarron Langston,Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 22nd day of December—,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 Jarron Langston, whose address is 917 S. Allante Place, Boise, ID 83709, hereinafter called OWNER/DEVELOPER. I RECITALS: 1.1 1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511 A provides that cities may,by ordinance, require or permit as a condition of zoning that the Owner 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 1 1-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for a re-zone of 4.43 acres of land from R-8 (Medium Density Residential) to a C-C (Community Business) zoning district of the property listed in Exhibit "A", attached hereto, under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and WHEREAS, Owner/Developer made representations at the public hearings before 1.5 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, ADA COUNTY RECORDER Phil McGrane 2020-178121 BOISE IDAHO Pgs=42 KRISTINA LOWRY 12/23/2020 10:32 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: I City of Meridian 2. Jarron Langston, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 22nd day of December 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 Jarron Langston, whose address is 917 S. Allante Place, Boise, ID 83709,hereinafter called OWNER/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§ 67-6511 A 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 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS,Owner/Developer has submitted an application for a re-zone of 4.43 acres of land from R-8 (Medium Density Residential) to a C-C (Community Business) zoning district of the property listed in Exhibit"A" attached hereto, under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings 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, DEVELOPMENT AGREEMENT—Epic STORAGE(H-2020-005 8) PAGE 1 OF 7 Item#9. 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 25th day of August, 2020, the Meridian City Council approved certain Revised Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit`B"; and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, Owner/Developer 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/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 December 19, 2019, Resolution No. 19-2179, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for,unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to Jarron Langston, whose address is 917 S. Allante Place, Boise, ID 83709 hereinafter called OWNER/DEVELOPER, the party that is developing said Property and shall include any subsequent developer(s) of the Property. DEVELOPMENT AGREEMENT—EPIC STORAGE(H-2020-0058) PAGE 2 OF 7 Page 175 Item#9. 3.3 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 bound by this 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. Owners/Developer shall develop the Property in accordance with the following special conditions: a. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2B-3 for the C-C zoning district and those listed in the specific use standards for self-service storage facilities and ancillary outdoor storage, UDC 11-4-3-34 and UDC 11-4-3-33, respectively. b. The only approved direct lot access to W. Overland Road is that existing access in the northeast corner of the subject site. c. The Applicant shall maintain an emergency only access to the east via the proposed common drive in the adjacent subdivision to the east, Sagewood West. d. The Applicant shall comply with the ordinances in effect at the time of application submittal. e. Prior to CZC and DES submittal, the Applicant shall obtain approval of a Property Boundary Adjustment to consolidate all existing lots(S 1224223270&S 1224223300) into one and include the sliver of land conveyed from the property owner to the east, shown as Lot 27, Block 1 in the Sagewood West preliminary plat. f. All fencing adjacent to abutting residential uses shall be privacy fencing and eight(8) feet in height meeting UDC 11-3A-7 standards. 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: DEVELOPMENT AGREEMENT—EPIC STORAGE(H-2020-0058) PAGE 3 OF 7 Page 176 Item#9. 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty(180)days;provided,however,that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 7.2,Owner/Developer shall be deemed to have consented to modification of this Agreement and de-annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer 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/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes,the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owners/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. DEVELOPMENT AGREEMENT—EPIc STORAGE(H-2020-0058) PAGE 4 OF 7 Page 177 Item#9. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby,the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall,following recordation of the duly approved Agreement,enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds,as allowed under the UDC, to insure the installation of required improvements, which the Owner/Developer agree to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed,completed,and accepted by the City, or sufficient surety of performance is provided by Owner/Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owners 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: Jarron Langston 917 S. Allante Place Boise, ID 83709 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. DEVELOPMENT AGREEMENT-Epic STORAGE(H-2020-0058) PAGE 5 OF 7 Page 178 Item#9. 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/Developer have fully performed their obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided,each party shall act reasonably in giving any consent,approval,or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements,condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided,no subsequent alteration,amendment,change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing 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. DEVELOPMENT AGREEMENT—EPIC STORAGE(H-2020-0058) PAGE 6 OF 7 Page 179 Item#9. [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. OWENR/DEVELOPER: Jarro ang ton CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison Chris Johnson, City Clerk STATE OF IDAHO ) ss: County of Ada ) On this _jL day of DQLeM 2020, before me, the undersigned, a Notary Public in and for said State, personally appeared Jarron Langston known or identified to me to be person who signed above and acknowledged to me that he executed the same. �•�N CHEST+•,,�� IN WITNESS WHERE9'� ► Ai fiet my hand and affixed my official seal the day and year in this . '.. .. certificate first above written. :�0 OTA t.,- .M �� '�: Notary Public for�aah�(] AVBL%C-' we Residing at: PACk CDOY1-�+�1 STATE OF IDAHO ) •,�'�+e4"''.OF--*, t�*�• My Commission Expires: {]�-d�p ss ►rran�Ns' County of Ada ) On this 22nd day of December 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,Idaho Commission expires: 3-28-2022 DEVELOPMENT AGREEMENT—EPIC STORAGE(H-2020-0058) PAGE 7 OF 7 Page 180 Item#8. \�NPL LANps �\C E 3 PROPERTY DESCRIPTION VCr 15758 FOR 1 z-4-20 EPIC DEVELOPMENT IDAHO II, LLC Te OF o��o FR�� Haw�Ro C-C REZONE Exhibit A A parcel of land lying in the NW1/4 NW1/4 of Section 24,Township 3 North, Range 3 North, Boise Meridian,Ada County Idaho, said parcel being more particularly described as follows: Commencing at a Brass Cap marking the NW Corner of said Section 24;thence along the north line of said Section 24, S.891107'23"E. 545.43 feet to a point lying on the centerline of Overland Road also being the POINT OF BEGINNING. Thence S.00142'34"W. 395.65 feet to a 5/8" iron pin; Thence S.89124'47"E. 82.99 feet to a 5/8" iron pin; The along the easterly boundary line of Fall Creek Meadows Subdivision##2 Bk 115 Pg. 17181, S.00026'27"W. 454.58 feet to a 5/8" iron pin; Thence along th orth to boundaL f II Creek Mea ws S E n#1 Bk 114 Pg. 17038, S.64059' 'E. 88. f / in Thence S.60°34' 88 Thence N.01057'33"W. 13.75 feet to a 1/2" iron pint marking the southwest corner of quitclaim deed instrument#2019-113633; Thence along the westerly boundary line of said quitclaim deed instrument#2019-113633 the following courses and distances: Thence N,01°57'33"W. 396.50 feet to a 1/2" iron pin; Thence N.01°34'57"W. 178.16 feet to a 1/2" iron pin; Thence N.01°22'35"W. 147.08 feet to a 1/2" iron pin; Thence N.00005'45"W. 218.47 feet to a point lying on the centerline of Overland Road; Thence along the centerline of Overland Road, N.89°07'23"W. 254.39 feet to the POINT OF BEGINNING. Said parcel contains 4.55 acres, more or less, and is subject to all existing easements and right- of-ways of record or implied. Page 183 Item#8. OVERLAND ROAD CP&F NO. 14 13 (BASIS OF BEARING) 9016820 S89' 07' 23"E 1327.87' 23 24 545.43' 254.39' 528.05' o CP&F NO. W 1/16 107153515 I I S CORNER891 POINT OF BEGINNING 0) � N � Z O �O n N O O r S89' 24' 47"E `D `n 8 r Z I ON,,L LAND �\ EN/F�O,��G�G I 4 15758 N I o s 12-4-20 0 �, TqT�OF �DA� � sn FR�C NOW o � S64' 59' 52"E 88.16' o N1' 57' 33"W 13.75' S60' 34' 45"E 140.87' a11F: DEM BY. saw: of J.J. HOWARD 12/3/20 - Q 1 1 PRECISION STORAGE SURVEYiHC CPI F• }¢AWN W., OB wm NO. ISO' cL5 ------ LEGAL EXHIBIT Page 184 EXHIBIT A PROPERTY DESCRIPTION FOR EPIC DEVELOPMENT IDAHO II, LLC C-C REZONE Exhibit A A parcel of land lying in the NW1/4 NW1/4 of Section 24,Township 3 North, Range 1 West, Boise Meridian, Ada County Idaho,said parcel being more particularly described as follows: Commencing at a Brass Cap marking the NW Corner of said Section 24; thence along the north line of said Section 24, 5.89°07'23"E. 545.43 feet to a point lying on the centerline of Overland Road also being the POINT OF BEGINNING. Thence 5.001142'34"W. 395.65 feet to a 5/8" iron pin; Thence 5.89°24'47"E. 82.99 feet to a 5/8" iron pin; The along the easterly boundary line of Fall Creek Meadows Subdivision#2 Bk 115 Pg. 17181, S.0002627"W. 454.58 feet to a 5/8" iron pin; Thence along the northeasterly boundary line of Fall Creek Meadows Subdivision #1 Bk 114 Pg. 17038, 5.64159'52"E. 88.16 feet to a 5/8" iron pin; Thence S.6013445"E. 140.88 to a 1/2" iron pin; Thence N.01°57'33"W. 13.75 feet to a 1/2" iron pint marking the southwest corner of quitclaim deed instrument#2019-113633; Thence along the westerly boundary line of said quitclaim deed instrument# 2019-113633 the following courses and distances: Thence N.01°57'33"W. 396.50 feet to a 1/2" iron pin; Thence N.01134'57"W. 178.16 feet to a 1/2" iron pin; Thence N.01022'35"W. 147.08 feet to a 1/2" iron pin; Thence N.00105'45"W. 218.47 feet to a point lying on the centerline of Overland Road; Thence along the centerline of Overland Road, N.89°07'23"W. 254.39 feet to the POINT OF BEGINNING. Said parcel contains 4.55 acres, more or less, and is subject to all existing easements and right-of-ways of record or implied. a�- LD 1 0: 15758 8 J. Fi{ir:1 �` Epic Storage - Exhibit A to DA Page 6 OVERLAND ROAD CP&F NO. 14 13 (BASIS OF BEARING) 9016820 S89' 07' 23"E 1327.87' 23 24 545.43' 254.39' 528.05' o CP&F NO. W 1/16 107153515 [ 3-1 CORNER U, �„ LS 8951 POINT OF BEGINNING ° [ `" � N � � O Z G7 p K) 0 0 i� S89' 24' 47"E 82.99' M [ z no [ u� ,n n, p,L LA NO 15758 ! rq 12-4-20 (n Lo '?IC NOW�� z 0 [ S64' 59' 52"E 88.16' 0 N1' 57' 33"W 13.75' S60' 34' 45"E 140.87' INS oaiat 6'r: }� 9IL 9F J.J. HOWARD 12/3/20 — © 3 PRECISION STORAGE swwswe am ar: txarn�c Ito. a/ mrpyu-ra 1" = 1&0' cLs ----�-- LEGAL EXHIBIT Page 7 ttem#s. EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW d/(El�ty AND DECISION & ORDER In the Matter of the Request for Rezone and Conditional Use Permit, by Jarron Langston, Epic Development. Case No(s). 1-1-2024-0058 For the City Council Hearing Date of; August 11,2020(findings on August 25, 2020) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of August 11,2020, incorporated by reference) 2. Process Facts(see attached Staff Report for the liming date of August H,2020, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of August 11, 2020,incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of August 11,2020,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 (I.C. §67-6503). 2. The Meridian City Council lakes judicial notice of its Unified Development Cade codified as Title I 1 Meridian City Code,and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019, Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § l I-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of August 11,2020, incorporated by reference.The conditions are concluded to be FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Epic Storage Facility-FILE#H-2020-0058) - t - Page 183 Item#9. 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 Rezone and Conditional Use Permit is hereby approved per the conditions of approval in the Staff Report for the hearing date of August 11,2020,attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat,combined preliminary and final plat,or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. 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 preliminary plat,combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 11- 6B-7C). 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 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Epic Storage Facility—FILE#H-2020-0058) -2- Page 184 Item#9. City Code Title I I(UDC 11-5B-617). 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 IA. 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 l. 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 August 11,2020 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Epic Storage Facility—FILE#H-2020-0058) -3- Page 185 Item#7. By action of the City Council at its regular meeting held on the 25th day of August 2020. COUNCIL PRESIDENT TREG BERNT VOTED COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison Attest: Chris Johnson City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 8-25-2020 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Epic Storage Facility—FILE#H-2020-0058) -4- Page 304 Item#9. Exhibit A STAFF REPORT E II3IAN:--- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 8/11/2020 Legend DATE: Project Location _ _ f' TO: Mayor&City Council _ FROM: Joe Dodson,Associate Planner • ' L 2108-884-5533 } SUBJECT: H-2020-005$ Epic Storage Facility L- .! IiSLr 1. P { LOCATION: The site is Iocated at 1345 W. Overland �- Road, in the NW %4 of the NW '1/4 of _ Section 24.Township 3N.,Range 1 W. r I. PROJECT DESCRIPTION • (RZ)-Rezone of 4.43 acres of land from R-8 zone(Medium-density Residential)to C-G zone (General Retail and Service Commercial) for the purpose of developing commercial storage on the site; • (CLIP) -Conditional Use Permit for a 29,400 square foot storage facility and associated outdoor storage on 4.43 acres in the C-G zoning district,by Jarron Langston. Il. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 4.43 acres Future Land Use Designation Commercial and Medium Density Residential Existing Land Use(s) Commercial—County approved Church/Event center 7 Proposed Land Use(s) Commercial Storage Facility Lots(#and type;bldg./common) 2 lots—Commercial building lot Phasing Plan(#of phases) Proposed as one phase Neighborhood meeting date;#of April 21,2020, 1 attendee.Meeting was held via Zoom attendees: due to Covid-19 stay at home orders. History(previous approvals) AZ-04-027;County approved CUP for a Church/Event Center(date unknown). Page 1 Page 187 Item#9. Exhibit A B. Community Metrics Description Details Page Ada County Highway District J. ■ Staff report(ycsino) No comments have been received at this time. • Requires ACHD Commission No Action( es/no) Access(Arterial/CoIlectors/State Access is proposed via an existing driveway from W. Hwy/Local)(Existing and Proposed) Overland Road,an arterial street.Only a secondary access is proposed(as required by Unified Development Code). Stub Street/]nterconnectivitylCross Secondary access is proposed to the property to the east Access (Sagewood West)via a common drive that will serve as this project's emergency access. Existing Road Network No road network is proposed;drive aisle to existing structures is cxisting. Existing A3tcrial Sidewalks 1 Yes;Overland Road has existing curb,gutter,and sidewalk Buffers abutting the site. Proposed Road Improvements NIA Distance to nearest City Park(+ Approximately I mile to Bear Creek Park(18 acres in size) size) Fire Service + Distance to Fire Station 250 feet from Fire Station#6(the sites abut each other) • Fire Response Time This project lies within the Meridian Fire response time goal of S minutes. • Resource Reliability Fire Station#6 reliability is currently unknown due to this station being so new. • Risk Identification Risk Factor 4-commercial with hazards(firefighting in a large commercial building with highly flammable campers. motorhomes,and trailers;this includes oils,fuels,and propane as additional fuel sources) ■ Accessibility Proposed project meets all required access,road widths, and turnarounds. Wastewater ■ Distance to Sewer Services Directly adjacent • Sewer Shed South Black Cat Trunkshed • Estimated Project Sewer See application ERU's • WRRF Declining Balance 13.96 • Project Consistent with WW YES Master Plan/Facility Plan Impacts/Concerns No proposed changes to Public Sewer infrastructure have been proposed within this record.Any changes or modifications,to the Public Sewcr Infrastructure,shall be reviewed and approved by Public Works. Water • Distance to Water Services Directly adjacent . Pressure Zone 3 ■ Estimated Project Water Sec application E RU's • Water Quality Concerns This development ends in a long deadend water main which may result in poor water quality. A future Page 2 Page 188 Item#9. Exhibit A Description Details Page connection to the west will eliminate this dead end and correct this problem. ■ Project Consistent with Water YES Master Plan C. Project Area Maps Future Land Use Map Aerial Map Legend _- . r I . 0 Legend - Project Location ®MU-C Project Location Eli- Mixed General CnmrrrerVal ^r Employment Industrial MU-.Corn till High Density _ j r . Residential Medium - Density Residential Zoning Map Planned Development Map Legend 121 0 Legend 4 [� E]Project Location �R 4 - Project LocationTTr_�`� ,�■� City Limits _ 7.'Tr Planned Parcels ; RUT 1•L C2 C-C RUT R-2 L.0 R-1. RUT R-15 RUTS R-8 R-2 R-4 R14 RUT' Ri 1rI�ffiivra� r �rn. III. APPLICANT INFORMATION A. Applicant: Jarron Langston—917 S. Allante Place,Boise, ID 83709 Page 3 Page 189 Item#9. Exhibit A B. Owner; Same as Applicant C. Representative: Glenn Walker(Architect)- 1991 N. Wildwood Street,Boise, ID 83713 IV. NOTICING Planning& Zoning City Council Partin date Posting Date Newspaper Noti fication 6/19/2020 7/24/2020 Radius notification mailed to properties within 300 feet 6/16/2020 7/21/2020 Site Posting 6/29/2020 7/27/2020 Nextdoor posting 61I512020 7/21/2020 V. STAFF ANALYSIS A. Future Land Use Map Designation(]att�s:Iln ti�7�.►roe►irliunc rh°.a►; Iconapplre►z} Commercial -This designation will provide a full range of commercial uses to serve area residents and visitors. Desired uses may include retail,restaurants,personal and professional services, and office uses,as well as appropriate public and quasi-public uses. Multi-family residential may be allowed in some cases,but should be careful to promote a high quality of life through thoughtful site design, connectivity, and amenities. Sample zoning include: C-N, C-C, and C-G. Medium Density Residential -This designation allows for dwelling units at gross densities of three to eight dwelling units per acre. Density bonuses may be considered with the provision of additional public amenities such as a park, school,or land dedicated for public services. When the new comprehensive plan was ratifted, the subject property was given two f uture land use designations due to its location on a major arterial street and despite it ah•eady being zoned residential(R-8 zoning district). This parcel has both the Commercial and A7ediurrr Densi(y Residential future lurid use designations. The subject site is surrounded by existing City of Meridian zoning and development to its north, west, and south. Directh,to the east the City is processing a new residential subdivision. Directly across W. Overland Road(an arterial street) there is I-L zoning with two RP'uses currently existing—Bish's RP"and Camping World oj• Meridian. Directly to the ivest(along the northern half of the site) is the new Meridian f re station, and abutting the site on the southern halfof the west boundary,is a rrut ti furraid}° residential development. Because of the addition of-the Comme►-cial-jiaure land use designation, the Applicant is proposing to rezone this property_ji•orn its existing R-8 zoning to C-G,per the application. The Applicant believes utilizing this property. located on a major arterial street.,jar a commercial business rather than crraotlae►-reside►atial subdivision- The proposed new land use is a fibrin of RV storage and is a conditional use in the proposed C-G commercial zoning district. However, the proposed use is not a traditional R Vselj-storage as our code depicts; Staff must assess proposed uses with those listed in the UDC use tables for each zone. F52 e Precision Storage(the actual business name) is a more encompassing commercial business than traditional self-storage by providing a valet, "drop and go,"system that requires customers to only drop off'their trailers and R Ks; they will not park there nor.store therm themselves. Epie Precision Storage is intended to Page 4 Page 190 Item#9. Exhibit A be a fidl service RV and trailer business that includes a wash before each rise, supply stocking of tire vehicle, and maintenance checks on standard items such as batteries, water, refrigerator, and tire pressure.In addition, a majority of the storage and business will occur within a large, single- stor7,building. There will also be ancillary outdoor storage and vehicles and trailers will be stored on the asphalt area between tine office in the back of the parcel and the mail? building along Overland Road, as.seen on the site plait. Because this property is alreadv zoned residential and the development to the southlsouthwest and to the east is residential, Staff has concerns with the request far C-G zoning, This concern lies with the potential far a higher intensity of commercial use next to said residential if this property is rezoned to C-G but never develops as proposed. Staff wauld prefer to see lower intensi y zoning on this proper?v that is still commercial but will help Staff ensure a more disruptive use is not principally permitted and so easily attainable i f this project is not completed fully_ Therefore, Staff is recommending changing the requested rezone of C-G to he C-C instead. Self-.service storage(the use Staffhas to place the proposed use into)is still a conditional arse in the C-Czrrrre and will not ofJ ct the future operation of this use. If the applicant adheres to the specific use standards and any additional conditions, the proposed project should meet the Future Land Use Map (FL UM)designation definitions and preferred uses for Commercial. Below are specific comprehensive plan policies that discuss the proposed use in relation to the comp plan more thoroughly. In addition, see section VD,forfurther analt�sis on the proposed use. B. Comprehensive Plan Policies (https:I1wu-w.►r2eridiancity.orglconrpplan); The applicable Comprehensive Plan policies are cited below with Staff analysis in italics. "Ensure that adequate water supply and pressure are available for fire protection in areas suitable for industrial and commercial uses."(3.03.01 D). The proposed use requires additional water supply when compared to residential development due to the existence ofhighly flammable vehicles and additional,f irel sources like that of propane and gasoline. The proposed commercial building will be sprinklered to help ensure fire sqferw the appropriate water supphv far this arse is readily available with existing services. "l stablish and maintain levels of service for public facilities and services, including water, sewer, police,transportation, schools, fire, and parks"(3.02.01 G).all public utilities are available_tbr this project site as there is currently ara existing structure on site that is being serviced by the ON. This project not only lies within the Fire Department response time goal, it shared a property line with a fire station. In addition, the large building should be sprinklered which adds additional safely measures in case of afire. The site currently has air avisting curb cut onto IV. Overland Road and Staff and ACHD have discussed this in relation to minimizing cuts onto an arterial street. Because the proposed use is commercial, it has been determined that the use and the adjacent subdivisions are better served if this site maintains its access to Overland rather than take access through a residential subdivision. If this application is not approved and the existing R-8 zoning district remains, the in process Sagewood West subdivision directly to the east is required to provide a full stub street to this propert,forfuture interconnectivity. West Ada School District and Parks did not offer comments on this application because of the proposed use. Being a commercial project, there will not be anv additional children added to the schools and there will be minimal impact on eai sting Cin,services. This project should, however, add to the employment base of the City. "Encourage the development of supportive commercial near employment areas." (3.06.02C).As stated above, directly to the north and across Overland Road are two RV servicelsales uses. When it comes to the frature location of'an additional RVuse that then maintains those RWs far customers, being directly across the street is readilt,accessible. foie Precision Storage is Page 5 Page 191 Item#9. Exhibit A intended to emplr?v approximately 10 people outside of ownership and pav them more than minintunt wage: This business is not an eniplownent center itself'but is mininralhr a supportive commercial use to those larger employers across the street because it adds all additional service for customers to partake in. "Minimize noise,lighting, and odor disturbances from commercial developments to residential dwellings by enforcing city code."(5.01.0117). Citv ordinances will be adhered to ensure disturbances are minimal to surrounding residential development. The Applicant is also proposing landscaping that rill large�v help with an}•potential noise and odor disturbances. In addition, a change to C-Czoning instead of the requested C-G zoning could offer an additional avenue for minimizing potential issues as less intense uses are principally permitted in the GC zoning district when compared to C-G. "Require appropriate building design,and landscaping elements to buffer, screen,beautify,and integrate commercial, multifamily,and parking lots into existing neighborhoods."(5.01.02D). The make-up of the nearby area has been detailed above and the existence of so much residential makes integration of'this u.se difficult. In addition. there are no existing stub streets to this parcel from adjacent subdivisions. In order to help mitigate any potential noise, light, or odor trespasses, the Applicant has proposed this use to almost wholly occur within a 29,400 square foot commercial building, The applicant is also proposing trees and a vinyl privacy fence along the entire property boundary of the site to help with screening and to add a buffer to any adjacent rise—this landscaping should also add to the bear.rtijication of the sire as well, The abovernentioned building does not ftdly cornphy with the architectural requirements.for commercial buildings. The Applicant will he required to add additional roof variation along the nor lhern and southern roof lines as required 6v the Citv's Architectural Standards Manual.In addition, it roust be stressed that placing a prefabricated tape of metal building next to residential and next to a nicely designed fir•e.station will not be supported. Therefore, Staff'is recommending additional conditions of approval that require better architecture for the proposed building to help it match and integrate with existing and proposed development. Staff finds this development to he generally consistent and in alignment with the Comprehensive Plan, if the Commission and Council support the applicant's request to re.-one the propegr entirely commercial without a residential component as envisioned by the Comprehensive Plan. C. Existing Structures/Site Improvements: There is an existing home and accessory building that currently exist on site. It is the understanding of Staff that the existing home will be removed upon development but the additional warehouse structure in the rear of the property will remain. This small warehouse will become the required office for the proposed storage use. There is also an existing access from W. Overland Road that is improved with asphalt and is to remain for the future:project. D. Proposed Use Analysis: The proposed use falls under Self-Service Storage in the Unified Development Code(UDC)and is a conditional use in the proposed and recommended C-O and C-C zoning district per UDC Table 11-2E-2. Storage tacilities are also governed by specific use standards as noted in UDC 1 i- 4-3-34 for self-service storage facility. There is also ancillary outdoor storage proposed that is also governed by specific use standards, UDC 11-4-3-33. Commercial buildings require Certificate of Zoning Compliance(CZC)and Design Review and Staff will use these additional applications as a chance to ensure the site develops according to the conditions of approval in this staff report. - Page 6 Page 192 Item#9. Exhibit A Epk Precision Storage is not a traditional R V storage facilit}+with acres of asphalt and rrretal buildings that jut out oj"the landscape and require a security gate fir customers to access the jitcility. By simply driving through neighborhoods one can see that the Treasure Valley is home to a large number af'R Es and traotorhomes and the proposed use hopes to help manage this Gay providing premium services for them. Epie Precision Storage is a jidl service R V and trailer- business that inchedes a wash before each use and maintenance checks on standard itents such as batteries, water, refrigerator, and tire pressure. In addition, propane tanks will be filled and the vehicles will be stacked with supplies and_food so that the c•ustorners only have to arrive and pick their vehicle up fir a time of tiro. 5ta ff finds that the location is ideal for the proposed use dice to its proximi6,to Bish's RV and Camping World where recreational vehicles and trailers are serviced andsold. It is well known that additional self-service storagefincilities are not largel• desired in the City of Meridian. Because of the details outlined above, Stgfj*'believes that the proposed use is more premier than a traditional storage facility and would in fact add a new business to the City and Valle.v. E. Specific Use Standards (UDC 11-4-3): The proposed self.-service storage and outdoor storage uses are subject to conditional use permit approval by the Planning and Zoning Commission and subject to specific use standards outlined in UDC 1 1-4-3-34 and 11-4-3-33 and below,respectively: 11-4-3-34—Self-Service Storage Facility: 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.As noted, the proposed use does not Jaki',fit within uses listed in the UDC use table. ,Self-service storage is the closest use to the proposed use but does not.it with this requirement as the use is a commercial use where the main building will be used to both store and maintain clistoiner's RVs and trailers. No items will be manufactured on the subject site or within any proposed buildings. 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'). The proposed site-plan.shows compliance with this standard. D. The storage facility shall be completely fenced,walled,or enclosed and screened from public view. Where abutting a residential district or public road, chain-]ink shall not be allowed as fencing material.,4 majority,of the storage and use is proposed to occur within the large commercial building, Ancilla►3y outdoor storage is likely to occur and the Applicant is proposing to screen this with a privacy vinyl fence and a ZS font wide landscape bt�ffer abutting the residential uses. E. If abutting a residential district.the facility fours of public operation shall be limited to six o'clock(6:04) A.M. to eleven o'clock(1 I:00) P.M.According to the application, the Applicant's proposed hours of business are 7:00 A.M. to 6:00 P.M. and are therefore within the allowable range oj'business operation hours. 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. The submitted landscape plans show a 25 foot buffer but it does appear to meet UDC II-3B- Page 7 Page 193 Item#9. Fxhibit A 5N requirements that anv tvpe of buffer be at least 70%covered with vegetation at maturity. Staff is recommending a condition o1'approval to correct this. G. If the use is unattended,the standards in accord with section 11-3A-15, "Self-Service Uses",of this title shall also apply.Not applicable,-use is attended. H. The facility shall have a second means of access for emergency purposes. The submitted plans show,a secondary access in the northeast corner of the site in line with a requirement of the Sagewood West subdivision to the east current1v in process with the City. This access satisfies this standard. 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. Submitted plans show compliance with this standard. J. The site shall not be used as a"vehicle wrecking or junk yard" as herein defined. The Applicant shall contply with this standard. K. For any use requiring the storage of fuel or hazardous material,the use shall be located a minimum of one thousand feet(1,000') from a hospital. (Ord. 13-1555, 5-14-2013) Liquid propane may be stored on site for use in.illing propane tanks in customer vehicles. There is no hospital within 1,000 feet of'the subject site; therefore, this standard shall be satisfied. 11-4-3-33—Outdoor Storaze Facility: A. All outdoor storage of material shall be maintained in an orderly manner so as not to create a public nuisance. The Applicant shall comply with this standard. B. Stored items shall not block sidewalks or parking areas and may not impede vehicular or pedestrian traffic. The Applicant shall comply with thi s standat d. C. The site shall not be used as a "vehicle wrecking or junk yard" as herein defined. The Applicant.shall corn p/v with this.standard. D, 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.See comment oil same standard above. E. For properties in industrial districts,the failowing standards shall apply: (The subject site is not proposed with an industrial district and therefore this standard does not apple) a. For properties that are adjacent to nonindustrial properties and/or public streets, outdoor storage of materials,equipment, inventory, and/or supplies shall be incorporated into the overall design of buildings and site landscaping so that the visual impacts of these functions are fully contained and screened from view of adjacent nonindustrial properties and/or public streets by a solid fence and/or wail with a minimum height ofsix feet(6). Such fence and/or wall shall be constructed of complementary or of similar design and materials of the primary structure. b, For properties that adjoin the railway corridor, in addition to the standards of subsection E1 of this section, outdoor storage of materials,equipment, inventory, and/or supplies shall be screened from the edge of the required street buffer a - Page 8 Page 194 Item#9. Exhibit A distance of one hundred feet(l 00') from the edge of right of way parallel to the railway corridor. c. For properties where subsections E 1 and/or E2 of this section do not apply, outdoor storage areas do not need to be screened. (Ord. 09-1420. 6-23-2009, eff. 6-23-2009) F. Dimensional Standards(UDC 11-2}: The proposed commercial building appears to meet all LIDO dimensional standards including required landscape buffers,building setbacks, drive aisle widths, and building height. G. Access(UDC 11-3A-3, 11-3H-4).- Access is proposed via the existing curb cut from W.Overland Road, an arterial street. ACHD approves of this access point as the proposed use is a commercial use and vehicle trips to the location is presumed to be minimal when compared to a residential development. The specific use standards require a secondary access for storage facilities and the Applicant is proposing one at the eastern boundary that lines up with a proposed common driveway in the adjacent Sagewood West development currently being processed. This Applicant and the Applicant for Sa7gewood West have worked together to align this emergence'only access. Typically, an emergencv access must ineet a separation requirement from the rnain access in order to count as a secondary access,far Meridian Fire. However, the requirement of this secondari,access is not a Fire requirement but a Planning one and therefore the trot-rally required separation between the two access points is not applicable. H. Parking(UDC II-3C): Off-street parking is required to be provided at one space per 500 square feet in accord with the standards listed in UDC 11-3C-613 for commercial zoning districts. Specifically for self-service storage facilities,this requirement is only applicable based on the gross floor area of the office space.According to the submitted site plait, the existing warehouse building on site is 3,785 square,f eet, requiring a minimum of seven (7)parking spaces. The Applicant has proposed seven (7)parking spaces, of which two (2)are ADA accessible. Because the proposed use asses a valet system. Staff f nds the proposed parking to be suf ieient. Between the oJj'ice and the train building the Applicant is proposing to install asphalt pavingfor the maioritip of drat area. This area is intended_for outdoor storage and staging of RVs and trailers but will not be for public parking. This area will likely not be striped as the position and size of items parked in this area will vats•throughout business operation. The outdoor storage specific use standards shall be adhered to because of this proposed ancillary Ilse. I. Pathways(UDC 11-3A-8): No pathways are proposed or required due to frontage along W. Overland Road being fully improved with curb, gutter,and sidewalk. J. Sidewalks(UDC 11-3A-17): The subject site has its only street frontage on W. Overland Road and this section of Overland has been fully improved with 5 lanes and curb,gutter,and attached sidewalk. The Applicant is proposing a short extension of the sidewalk to go into the site. This extension turns into a pedestrian crosswalk that leads to the front door of the main storage building. UDC 11-3A-19, "Site Design Standards."also dictates that sidewalks be provided from the public:street to the office.for-a delitretited path forpedestrzans. No submittedplans show this - Page 9 Page 195 Item#9. Exhibit A sidewalk connection to the office in the back of'the site where parking is proposed In order to satisfy this requirement this additional sidewalk should be delineated through the parking lot in .some way. For example, stamped concrete, brick, or.similar. Staff is recommending a condition of approval to correct this. K. Landscaping(UDC I1-3B): A 25-foot wide street buffer is required adjacent to W. Overland Road, an arterial street, landscaped per the standards listed in UDC 11-3B-7C. A 25-foot wide buffer is shown on the submitted site plan and landscape plan. In addition,a 25-foot buffer is required between the proposed commercial use and any residential uses, landscaped per the standards listed in UDC 11-3B-9. A 25-Foot landscape buffer is depicted on the submitted landscape plans along the property boundary that abuts all residential uses,existing and proposed. When a landscape buffer between rues is required, the requirement is meant to ensure adequate screening between dissimilar uses, The code requires that this bu&—r include frees that have canopies that touch at►naturity. The Applicant is proposing to use a large number existing trees _for this buffer that are not on this property but are near the property line and on the adjacent property to the east. Therefore, the Applicant shall he required to revise the submitted landscape plans and show adequate landscape material within the required buffer per UDC 11-3B-9 standards. With the combination ofa privao,fience and dense landscaping, Staff Ends the proposed landscape buffers as sufficient to meet this code requirement. The Cite Arborist has made Staff aware ofa potential i.ssite with the Fraxinus "Ash"tree species. This type of tree.species attract a.specific and invasive pest and it is the request of the Cite Arborist that projects start trying to replace these types of trees with other tree species. Therefbre, Staff is recommending a condition nf'approval that the Applicant work with the City Arborist on an appropriate alternative to their proposed "Ash"tree.selection. L. Fencing(UDC 11-3A-6, 11-3A-7): All fencing is required to comply with the standards listed in UDC 11-3A-7. Fencing is proposed as shown on the landscape plan along the entire property boundary and meets UDC standards as proposed. M. Building Elevations{UDC 11-3A-19 I Architectural Standards Manual}: The Applicant submitted conceptual renderings and conceptual elevations of the new proposed storagelcotntnercial building(see Section VH.E). The submitted plans do not meet all of the standards as required for commercial development in the Architectural Standards Manual (ASM). This application does not include Design Review but staff is reconlinending certain conditions to ensure any future commercial building on this site is built to a premier standard as intended by the ASM. Specifically,prefabricated metal siding is prohibited as afield material unless uses with a minimum of two other qualifying field materials and meets all other standard fenestration and material requirements (ASM, Commercial District Coal 5.2D). The submitted elevations show this 0,pe gf'metal as afield material along the top of'the entire building. The only other field i'eld material proposed appears to be stucco;all other materials are used as accents. Stuff understands that the proposed building is a large metal pudding but that doer not mean that an industrial t►lpe building can be dropped on a lot within a commercial district. IF the metal look is desired, it should be of high quality like that of"high grade fiber panels, "for example. In addition, Stgf' recommends replacing some of the metal shown on the plans with windowv to create a more interesting .fagade across the dij]erent building elevations. Adding overhangs or architeclural Page 10 - Page 196 Item#9. Exhibit A trellis along the building(especially on the north.Mgade that Daces the public street) u-ould also add interest and qualdtiftjenestration to the building. The submitted plants also do not show x here mechanical equipment will be placed The proposed building will be climate controlled so the required HVAC system will not he small. Where will/ this be located? The plans do not show at-tip parapet on the building and an-v rogf mounted mechanical equipment►nu.st be ally screened fr om public view. To help_ be this and add the required r oofline variation. Staff recormniends adding an architectural parapet around the building that helps anchor the top of the structure architecturally and provide screening opportunities fo►•fitture mechanical equiptnest. V1. DECISION A. Stag. Staff recommends approval of the requested rezone and conditional use permit per the Findings in Section LK of this staff report and if the Commission and Council deem the site more appropriate to develop entirely with a commercial use as proposed B. The Meridian Planning&Zoning Commission heard these items on July 9,2020. At the public hearing, the Commission moved to recommend approval of the subject Conditional Use Permit and Rezone requests. 1. SummM of Commission public hearing: a. In favor: Glenn Walker,project architect h. In opposition: None G. Commenting: Glenn Walker, Architect d. Written testimony:None L. Staff presenting application.- Joseph Dodson 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. Height of fence adiacent to residential uses; h. Use of existing facility in rear of property that is to remain; c. How proposed use actually functions on-site with intended "valet"service model. 4. Commission change(s)to Staff recommendation: a. Add conditionlDA provision that an 8-foot tall fence be constructed along the property lines that abut a residential use. S. Outstanding issue(s) for City Council: a. AWlicant has not addressed conditions_l.l and 1.2. Staff recommends that Council modify these conditions to include a rewording that requires the Applicant to supply these revised documents to Planning Staff prior to any Rezone ordinance approval. C. Thc-Meridian City=C9unci1.heard-thee its-mA_ ugua U .20G,At-the."ic hearing,the Council moved to approve the subject Rezone and Conditional Use Permit requests. 1. $ minary of the City Council Ruhllic hearing; a. InfLyor. GlennW-akxi�.ADI�-Ard itwt-( pnlieaniltj h, In opposit ran_-None c, Cotnmentirag; 01=n Walker d, Wri en testimonvyNG" g, Staff"resenting application:-Joseph Dodson�urrent Associate Planner £ tliexaff r�mmeRntopli �ti_vn.NQn -- - - 2- Key is [s]_of public testimony: — Page I 1 - Page 197 Item#9. Exhibit A a, An it--- i f t e�rs��Us�d! iidin end l�r catinn s�f 9�t ucar tag _ 43 Cit�C�uri�il chang_�t's�#��v�misFinnteC�yn�n�n��tion; Rezone ordinance being-approyed b Cites Council_ Page 12 - Page 198 Item#9. Exhibit A VII. EXHIBITS A. Rezone Legal description and Exhibit Map 4 1?1 A 10MV-19 May 13,2020 Rezoning to Zone CG Legal Description BASIS OF BEARING for this description is 58993'34"E between a found 112"Iron Pin at the West 1116"' Corner and the Northwest corner of Section 24,Township 3 North.Range i West,B.M..Ada County, Idaho. THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 24.TOWNSHIP 3 NORTH,RANGE 1 WEST, B-M.,ADA COUNTY,IDAHO AS DESCRISED� BEGINNING AT A POINT IN THE NORTHWEST QUARTER OF SAID SECTION 24,SAID POINT BEING 589°33'34"E 545.35 FEET ALONGTHE NORTH LINE OF SAID NORTHWEST QUARTER AND 500°15'00"W 51-00 FEET FROM THE NORTHWEST QUARTER CORNER OF SECTION 24,TOWNSHIP 3 NORTH,RANGE 1 WEST,S.M.'AND RUNNING 589'33'34"E 255.06 FEET;THENCE 5O0"34'17"E 167.30 FEET;THENCE SOV48'S4''E 147.24 FEET;THENCE S01°58'S9'E 178-09 FEET;THENCE 502°25'1O''E 396.57 FEET;THENCE N66'01'S0"W 134.39 FEET;THENCE N65°22'50"W 88.17 FEET;THENCE NOO'DO'DOE 4 54.4 7 FEET; THENCE N90°00'00"W 82.84 FEET;THENCE NOO-15-00"E 344.81 FEET TO THE POINT OF BEGINNING. CONTAINS 4-23 ACRES IN AREA www.edmpariners.carrl • 2815 East 3300 South,Salt Lake City,UT 84109 • 801-305.4670 Page 13 - Page 199 Item#9. Exhibit A NORTHWEST QUARTER CORNER SECTION 24.TOWNSHIP 3 NORTH, RANGE 1 VMT,B_lµ, 11157H CORNER (BASIS OF BEARING) (CENTERLINE OVERLAND ROAD) CP4FNO. 9016820 589'33'34"E 1327.74' S69'33'34'E Stl'151tl0'�hl so I S10011w 255.06 ".w 51,w �v b w h co x y a w rr1 N9u°oaarw � r1 SZ_84• �' ,x ci u L7 � $ Q 8 C s 0 3 � F R C fA _ O_ aop 7}4 11' L] W Precision Storage R - Legal Description c i `u DATE: xIruR.s: C] � n 73 m Mu May 15,2020 2 Page 14 Page 200 Item#9. Exhibit A B. Site Plan(dated. June 2020) x s - - - ---- ----- - J I 1 I - I 1 Zy=a fi % N �� r �. ACW 51fllL GC1-,Cl t1'IYIr ADP A IT ECTS; _ .sr 1345 W.0VLtLAND ItE). -- - ,�N a 1rtr'RTT)I.ANV I DAT1033h{'_ VLW SULP1AN -- Page15 - Page 201 Item#9. Exhibit A C. Landscape Rendering(date: June 2020) Uj U) � Z • Q J LU i I Q I ' I 1p = I i 9� 5 •� I ��4$0 ..o=.t Page 16 Page 202 Item#9. Exhibit A D. Landscape Plans(date: June 2020) OUT MP 3n - f� � i;�3 a- �I��,�' �`€ '�•° '�z, :� ilk �! �iF d •'� -�� '�= �a :s s OVMANOSTORAGE p: Page 17 Page 203 Item#9. Exhibit A uw w:wna,rRes, orrwarr,.�.w 1L 1lw�.FlA u,W� N 1]A,y{iNC k..Yf�.I� LJ y I .y •u.w� ma7wsrwro�orw�r "w 44 m arm wrrn R�ha rr� I 'mom. waiwcraaKarc '�+'++'� �ncerwux.arusx rw,+wd roracx.,.wn�rer ""' - rartx�, _ .el �•��,ScYa rr,nxr �� rn.rnt '-1 - r.xcre _ xra wxa�wo %W.L O dn YXt M-r. M} I dC Yam P' 'I b�wf T!L ltlldlk� f.� .�m.nw�ua l M ab Yl4lAE }9 1G nlLwAYWlµluAM",f�' 4 {I �T` YJlC f'�L Page 18 Page 204 .sy;. Item#9. Exhibit A 00, Page 20 Page 206 Item#9. Exhibit A ,� ... ... Rom Page 21 Page 207 Item#9. Exhibit A Fl— rr rn l yy� sl t _ n i II� - - LJ S I • kr.w STORAGEFACR-MYFGF- ADP ARCHITECTS r� 13PIC DEVELOPMENT a 4r- PLAWNI n x LN E IN5 W.OVERLAND RD, AAA � ru, reurmr sr. arrxr erur� " bpi MEI;1flIAN,IUAEiCF83642 m N.rau saes r-Awm Ksw.w., ELEVATIONS •� - Page 22 - Page 208 Item#9. Exhibit A VIII. CITYIAGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION l. As allowed by Idaho State Law with Annexation and Rezone applications,a Development Agreement(DA)is required as a provision of rezoning this property. Prior to approval of the rezone ordinance,a DA shall be entered into between the City of Meridian,the property owner(s)at the time of rezone 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 rezone. The DA shall, at minimum, incorporate the following provisions: At least ten(10) days prior-to the City Couneii! Prior to the Rezone Ordinance approval by City Counci ,the Applicant shall submit: 1. Revised legal descriptions for the requested rezone to reflect the C-C zoning district instead of the C-G zoning district AND 2, Revised legal description for the rezone boundary to reflect the conveyance of the sliver of land from the proposed Sagewood West application,Lot 27,Block 1 of their proposed plat. a. Future development shall be consistent with the minimum dimensional standards listed.in UDC Table 11-2B-3 for the C-C zoning district and those listed in the specific use standards for self-service storage facilities and ancillary outdoor storage, UDC 11-4-3-34 and UDC 11-4-3-33,respectively, b. The only approved direct lot access to W. Overland Road is that existing access in the northeast comer of the subject site. c. The Applicant shall maintain an emergency only access to the east via the proposed common drive in the adjacent subdivision to the east, Sagewood West. d. The Applicant shall comply with the ordinances in effect at the time of application submittal. c. Prior to CZC and DES submittal,the Applicant shall obtain approval of a Property Boundary Adjustment to consolidate all existing lots (S1224223270&S1224223300) into one and include the sliver of land conveyed from the property owner to the east, shown as Lot 27,Block 1 in the Sagewood West preliminary plat. f. All fencing adjacent to abutting residential uses shall be privacy fencing and eight(8)feet in height meeti ng UDC 11-3A-7 standards. Page 23 Page 209 Item#9. Exhibit A 2_ The Applicant shall obtain Certificate of Zoning Compliance(CZC)and Administrative Design Review(DES)approval prior to submitting for building permits. 3. The submitted site plan, dated.tune 2020 and as seen in Exhibit V11.B,shall be revised to show the required sidewalk from W. Overland Road to the office in the rear of the subject site. The sidewalk shall be delineated by being constructed of a different material than the asphalt parking lot(i.e. stamped concrete, brick,or similar). 4.. The submitted landscape plan,dated June 2020 and as seen in Exhibit VII.D,shall be revised as follows: a. Show the required landscape buffer to all residential land uses as at least 70%covered by vegetation at maturity, as set forth in UDC I 1-3B-5N. b. Add the required additional sidewalk from W. Overland to the office in the rear of the subject site. The sidewalk shall be delineated by being constructed of a different material than the asphalt parking lot(i.e. stamped concrete,brick,or similar). CZC and DES submittal as follow - a. Add aft addiiienal fie!d mater-ial that ig fl��!PFe fabrieaied meta 1 sidi ng a long a!1 buil ding €aeadt b. Add windows., where awhiteeitir-ally feasible.along!he top of building , especially on the. mot.f—;ne eleya. , ; smund; fi Add a parapet along the Feefline with the Fequifed me"lation tha4 will also ee-ver an), g. Add addiiional fenestmtien and pedesir-ian scale along all building facades. Page 24 — Page 210 Item#9. Exhibit A 6.. All future lighting on the subject site shall be compatible to abutting residential uses and adhere to the standards outlined in UDC 1 1-3A-1 1 C,these standards are to be met regardless of the lumen output. 7_ Off-street parking is required to be provided in accord with the standards listed in UDC Table l 1-3C-6 for commercial developments based on the gross floor area of the self-service storage office. 8. The Applicant shall work with the City Arborist on an appropriate alternative to their proposed"Ash"tree selection and obtain approval from the City Arborist prior to building permit approval. 9. The conditional use approval shall become null and void unless otherwise approved by the- City if the applicant fails to: 1)commence the:use,satisfy the requirements,acquire building permits and commence construction within two years as set forth in UDC 1 I-513-6F1; or 2) obtain approval of a time extension as set forth in UDC 11-5 B-6F4. B. PUBLIC WORKS 1. Site Specific Conditions of Approval L I A street light plan will need to be included in the final plat and or building permit application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. Contact the Meridian Transportation and Utility Coordinator for additional information. 1.2 The existing water main stub into the property is a 10",not a 6" as shown on the plan 1.3 Retain and protect the existing fire hydrant at the end of the 10" main 1.4 Provide a utility easement from the end of the existing 10"line to the west property line matching up with the existing utility easement in Linder Road Apartments 1.5 The water service and fire line should connect to the existing 10" line, not the existing 12" line in Overland.Rd as currently shown 2. General. Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet,if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbtusement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility,or 30-feet wide for two. The easements shall be dedicated via using the City of Meridian's standard forms. 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 9112"x l 1"map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must Page 25 Page 211 Item#9. Exhibit A be sealed,signed and dated by a Professional Land Surveyor. DO NOT RECORD. All easements must be submitted, reviewed, and approved prior to development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water(MCC 12-13-8.3). The applicant should be rcquired to use any existing surface or well water for the primary source. If a surface or well source is not available,a single-point connection to the culinary water system small be required. If single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.5 Any strictures that are allowed to remain shall be subject to evaluation and passible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches,canals, laterals, or drains,exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC I 1-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at(248)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)334-21.90. 18 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(209)375-521 1. 2.9 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. 2.10 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. 111 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.12 Developer shall coordinate mailbox locations with the Meridian Post Office. 113 All grading of the site shall be performed in conformance with MCC 11-12-31I. 2.14 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. 115 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project, 2.16 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. 2.17 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the improvement Standards for Street Lighting.A Page 26 Page 212 Item#9. Exhibit A copy of the standards can be found at http://www.meridiancity.org/public—works.aspx?id=272. 2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more infonnation at 887-2211. C. FIRE DEPARTMENT htWs:llwebliitk,meridiancib!.of gllF�ebLinkIDocView_aspr?id=184359&dbid=O&repo=MeridianC i tv D. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https:llu,eblit?k.Ineridiajreiti,.orZ161,`ebLink1DocView.asl x?id=190570&dl7id=0&rwo=Meridian C Ri E. NAMPA&MERIDIAN IRRIGATION DISTRICT lauM.-Ilweblink.►neridiancitv.or —1WebLink1DocView.aspx?id=184914&dbid=lh4crepo=MeridianC i t1' F. ADA COUNTY HIGHWAY DISTRICT(ACHD) ar-un hezy as yU ., Wed 61tv 1k, of Mk 61ne. hugs:llweblink.meridiancimorglYYebLinklDoc View.aspx?id 191804&dbid=0&repo=Meridian C itv IBC. FINDINGS A. Annexation and/or Rezone(UDC 11-513-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: I. The map amendment complies with the applicable provisions of the compre lien sive plan; Council,frnds the proposed zoning map amendment to C-C zoning district and not the requested C-G zoning district is consistent with the Comprehensive Plan, rf'all provisions of the Development Agreement and conditions of approval are complied with. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds the proposed zoning nrap amendment and request.for Recreational Vehicle storage to be generally consistent with the purpose statement o_f the commercial district and firtttre land use designation of Commercial. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Page 27 - Page 213 Item#9. Exhibit A Council finds the proposed Zoning map amendment should not be detrimental to the public health, safety and wel/are if'all provisions of'the Development Agreement and conditions of approval are complied with. 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 Council finds the proposed rolling Wrap amendment will not result in an adverse impact on the delive►j�of'services by a►zv political subdivision providingpublic services within the City. 5. The annexation(as applicable) is in the best interest of city. The subject property is alreadv annexed.-therefore Staffftnds that this finding is not applicable. However, Council finds that the requested rezone and addition of a commercial use is in the hest 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 site and proposed building meets all the dimensional and development regulations in the commercial zoning districts for the proposed use. Therefore, Council,f inds the site is large enough to accommodate the proposed use. 2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord with the requirements of this title. Council Ends the proposed self-service storage facility will be harmonious with the Comprehensive Plan in that it is a conditional use in the C-C and C-G zoning districts which are allowable z7ones in the Conimercial fieture laird use designation as noted in the Meridian Comprehensive Plan. 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. Council_jends the operation of the proposed self-service storage facility should be compatible with the other uses in the area and will not adversely change the essential character of this area if all conditions of approval and DA provisions are met. 4. That the proposed use,if it complies with all conditions of the approvaI imposed,will not adversely affect other property in the vicinity. If the proposed,facilily complies with the conditions of approval in Section VIII as required, Council finds the proposed use should not adversely affect other properties in the vicinifl�. 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. The subject site is alreadv annexed into the Ciry and these services are already being provided to the existing buildings on site. Therefore, Council,/inds the proposed use will be served adequately ley all public_facilities and services. — Page 28 Page 214 Item#9. Exhibit A 6. T'hat 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. Council finds the proposed use should not create an additional costs for public,facilities and services and mill not be detrimental to the economic welfare v_f the coinmunittix. 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. With adequate screening and adherence to applicable Zoning and building code requirements, Councilfinds the proposed use.should not be detrimental to anj�persons,property, or the general welfare. 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, elf. 9-15-2005) Council is not aware ofany catch features;the proposed use should not result ill damage of anl>such featarres. Page 29 Page 215