Z - Signed Findings CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN,
AND DECISION&ORDER A
In the Matter of the Request for a Development Agreement Modification to Enter into a New
Development Agreement to Allow Self-Storage,Vehicle and Equipment Rental of Vehicles and
Equipment with Outdoor Display,and Ancillary Retail on 6.86 acres in the C-G Zoning District,by
Gurnoor Kaur,Amerco Real Estate Company.
Case No(s).H-2021-0101
For the City Council Hearing Date of: February 8,2022 (Findings on February 22, 2022)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of February 8, 2022, incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of February 8,2022, incorporated by
reference)
3. Application and Property Facts(see attached Staff Report for the hearing date of February 8,
2022, incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of February 8, 2022, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use
Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code(I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified as
Title 11 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 § 11-5A.
4. Due consideration has been given to the comment(s)received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision,which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the
Community Development Department,the Public Works Department and any affected party
requesting notice.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(MERIDIAN U-HAUL MOVING AND STORAGE-FILE#H-2021-0101)
- 1 -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of February 8,2022, incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant's request for development agreement modification is hereby approved per the
conditions of approval in the Staff Report for the hearing date of February 8,2022, attached as
Exhibit A.
D. Notice of Applicable Time Limits
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-6511A. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
A development agreement may be modified by the city or an affected party of the development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved, said development agreement shall be signed by the
property owner(s) and returned to the city within six(6)months of the city council granting the
modification.
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the city if filed prior to the end of the six(6)month approval
period.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. 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 February 8,2022
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(MERIDIAN U-HAUL MOVING AND STORAGE-FILE#H-2021-0101)
-2-
By action of the City Council at its regular meeting held on the 22 day of February 2022
COUNCIL PRESIDENT BRAD HOAGLUN VOTED
COUNCIL VICE PRESIDENT JOE BORTON VOTED
COUNCIL MEMBER JESSICA PERREAULT VOTED
COUNCIL MEMBER LUKE CAVENER VOTED
COUNCIL MEMBER TREG BERNT VOTED
COUNCIL MEMBER LIZ STRADER VOTED
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robert E. Simison 2-22-2022
Attest:
Chris Johnson 2-22-2022
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Dated: 2-22-2022
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(MERIDIAN U-HAUL MOVING AND STORAGE-FILE#H-2021-0101)
-3-
EXHIBIT A
STAFF REPORT E IDIANn-=-
COMMUNITY DEVELOPMENT DEPARTMENT A H O
HEARING 2/8/2022 Legend w
DATE: F• ;eo Lxo:on
TO: Mayor&City Council
FROM: Alan Tiefenbach,Associate Planner
SUBJECT: H-2021-0101
Meridian U-Haul Moving and Storage °
LOCATION: 1230 and 1270 E. Overland Rd. and RB
Parcel#R8257510015, at the northwest
corner of E. Overland Rd and S. Locust
Grove Rd.
I. PROJECT DESCRIPTION
Request for a Development Agreement Modification to enter into a new development agreement to allow
self-storage,vehicle and equipment rental of vehicles and equipment with outdoor display, and ancillary
retail on 6.86 acres in the C-G zoning district,by Gurnoor Kaur,Amerco Real Estate Company. A
conditional use permit is being processed concurrently with this request.
II. APPLICANT INFORMATION
A. Applicant/Representative:
Gurnoor Kaur,Amerco Real Estate—2727 N. Central Ave, Ste 500, Phoenix,AZ, 85004
B. Owner:
Adler AB Owner 1,LLC—8665 W. Emerald St. Ste 200,Boise,ID, 83704
III. NOTICING
Planning&Zoning City Council
Posting Date Posting Date
Notification published in
newspaper
1/18/2022
Notification mailed to property
owners within 300' 1/14/2022
Applicant posted public hearing
notice sign on site 1/28/2022
Nextdoor posting 1/14/2022
Page 1
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Item#10.
IV. BACKGROUND
This is a proposal for a development agreement modification to allow self-storage,rental and outdoor
display of vehicles and equipment, and ancillary retail to allow a U-Haul business.A conditional use
is being processed concurrently with this request through the Planning Commission.
The property consists of three lots totaling 6.86 acres. It was annexed into the City in 1999 as the
Overland Storage Annexation(AZ-99-018,DA Instr. # 100029704,Preliminary Plat PP-99-015). The
development agreement allows only the construction,development and use of a self-service storage
facility consisting of eight buildings of various sizes and one caretaker unit pursuant a conditional use
permit. A Conditional Use Permit(CUP-99-033)was approved for this use in October of 1999 and a
final plat was recorded in 2002 (Pack it Up Subdivision,FP-00-005). There was also a parcel
boundary adjustment approved in 2021 to allow consolidation of properties(PBA 2020-0006). The
approved self-storage facility was never developed.
Staff and the applicant have had numerous discussions regarding the location of a new facility, and
due to the location, surrounding uses, and C-G zoning this particular location was selected. However,
in addition to self-storage,as is typical for a U-Haul facility,the applicant intends to display U-Haul
trucks and equipment for rental. A conditional use permit is required for these uses in the C-G zone
district.As the existing development agreement is very specific to allowed uses,the applicant is also
pursuing a request through the City Council for a development agreement modification to allow the
outdoor display and ancillary retail.
V. ANALYSIS
Existing Development Agreement
Section 4.1 (Uses Permitted by This Agreement)of the Overland Storage Development Agreement
reads as follows:
"The construction, development,use,and maintenance of a ministorage facility consisting of eight
buildings of various sizes and one caretaker unit which development shall be pursuant to the City's
Planned Unit Development procedures and pursuant to the conditional use permit process,in which
process conditions shall be provided for but are herein not limited to landscape/common area
requirements,right-of-way dedication prior to submitting for building permits, signage restrictions,
and bike lanes."
Section 6.1.1 (Conditions Governing Development of the Subject Property)lists the same allowance,
with the clarification that"ministorage buildings of various sizes not to exceed 80,430 sq. ft. in total"
are allowed.
The applicant proposes to modify Section 4.1 as such:
"The uses allowed pursuant to this Agreement are those uses allowed under City's Zoning Ordinance
codified at Section 11-213-2 and Complied Ordinances of the City of Meridian and further limited
to:
The construction,development,use, and maintenance of a ministorage facility consisting of at least
eight buildings of various sizes; a caretaker unit, an interior climatized self-service storage facility
with a related retail sales showroom, outside self-storage facility,a warehouse and,vehicle
(truck and trailer) rentals with outdoor display; which development shall be pursuant to the City's
Planned Unit Development procedures and pursuant to the conditional use permit process,in which
process conditions shall be provided for but are herein not limited to landscape/common area
requirements,right-of-dedication prior to submitting for building permits, signage restrictions, and
bike lanes."
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Item#10.
Staff Response:
Staff notes the C-G zoning district allows vehicle sales,rental and service as a principally permitted
use, equipment rental, sales and service, and self-storage facilities by conditional use, and
warehousing and outdoor storage as an accessory use. Staff believes the simplest method to achieve
the applicant's intent is to terminate the existing development agreement and enter into a new
development agreement that requires compliance with the submitted site plan,landscape plan and
building elevations.
VI. DECISION
A. Staff:
Staff recommends the City Council approve termination of the Overland Storage Development
Agreement(Instr. # 100029704) and establishment of a new development agreement to include
the following provisions:
1. Future development of the site shall comply with the site plan, landscape plan and conceptual
building elevations for the self-storage and rental facility included in Section V11. and the
provisions contained herein.
2. Uses on the property shall conform with the uses codified in UDC Table 11-2B-2 and the
specific use standards set forth in UDC 11-4.
B. The Meridian City Council heard this item on February 8,2022.At the public hearing the
Council moved to approve the subject development agreement modification request.
1. Summary of the City Council public hearing:
a. In favor: Gurnoor Kaur
b. In opposition:None
C. Commenting: Gurnoor Kaur
d. Written testimony: None
e. Staff presenting application: Alan Tiefenbach
f. Other Staff commenting on application:None
2. Key issue(s)of public testimony:
a. None
3. Key issue(s)of discussion by City Council:
a. None
4. City Council change(s)to Commission recommendation:
a. None
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Item#10.
VII. EXHIBITS
A. Development Agreement Legal Description and Exhibit Map(date: 10/1/2021)
PARCEL I-
LOT 1 IN BLOCK 1 OF PACK TT UP SUBDIVISION,ACCORDING TO THE PLAT THEREOF,FILED IN BOOK 84 OF PLATS AT PAGES 9360 AND
9361,RECORDS OF ADA COUNTY,IDAHO.
PARCEL II:
A PARCEL OF LAND BEING ALL OF LOT 5,AND A PORTION OF LOT 2IN BLOCK 1 OF PACK IT UP SUBDIVISION LOCATED IN THE
SOUTHEASTQUARTER OF SECTION 16,TOW NSHIP 3 NORTH,RANGE 1 EAST,BOISE MERIDIAN,ADA COUNTY,IDAHO,AND ALSO
SHOWN AS PARCEL'B'ON RECORD OF SURVEY NO-6228.AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
CID M MENCING AT THE SO UTII EAST CORNER OF SAID SECTION 1S,FROM WHICH THE SOUTH QUARTER CORNER OF SAID SECTION
BEARS SOUTH 69'44'18"WEST,26496.119 FEET,TH ENCE
SOUTH 89"44'16"WEST ALONG THE SOUTH BOUNDARY OF SAID SECTION 18 AND THE CE NTERLINE OF W EST OVERLAND ROAD FOR A
DISTANCE OF 11197.27 FEET;THENCE LEAVING SAID BOUNDARY AND CENTERLINE NORTH 00'Z8'51"EAST FOR A DISTANCE O F 4&DO
FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF W EST 13VERLA.N D ROAD AND THE SOUTHWEST CC RHER OF LOT 3 BLOCK 1
OF PACK IT UP SUBDIVISION,BEING THE REAL PC INT OF BEG INNI NG;TH ENCE
NORTH DW28'51'EAST ALONG THE WEST BOUNDARY OF SAID LOT 3 EKTE LADED FOR A DISTANCE OF 165.40 FEET;THENCE
SOUTH 89'51'09"EAST FOR A DISTANCE OF 195.56 FEET TO THE NORTH EAST CORNER OF SAID LOT 3;THENCE
SOUTH 00"28'51"WEST ALONG THE EAST DO UNDARY OF SAID LOT 3 FOR A DISTANCE OF 162.67 FEET;THENCE
SOUTH 89"44'18"WEST ALONG THE SOUTH BOUNDARY OF SAID LOT 3 FOR A DISTANCE OF 195.57 FEET TO THE REAL POINT OF
BEGINNING-
PARCEL III:
A PARCEL OF LAND BEING LOT 1,BLOCK 1,OF SWIN DELL SUBDIVISION,A RECORDED 5U BDIV15I0N ON FILE IN BOOK 113 OF PLATS AT
PAGES 165D6 TH ROU GH 16510,RECOR D5 OF ADA CO UNTY,IDAH O,AND A PORTION OF LOT 2,BLOCK 1,OF PACK IT UP 5UBDVISION,
A R ECORDED SUBDIVISION ON FILE IN BOOK 84 OF PLATS AT PAGES 9360 AND 9361,RECORDS OF ADA COUNTY,IDAHO,SITUATED IN
THE
SOUTHEAST 0'0 F 5 ECTION 19,TO W NSH I P 3 NO RTH,RANG E 1 EAST,BOISE M ER IDIAH,CITY 0 F M ERIDIAN,ADA COUNTY,I DAHO,
AND AS SHOWN ON RECORD'DF 5 URV EY INSTRUM ENT NU M BE R 21120-172777,AND MORE PARTICULAR LY DESCRI BED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID LOT 1,BLOCK 1,OF SWI N DELL SUBDIVISION;
THENCE ALONG TH E W ESTERLY BO UNDARY OF SAID LOT 1 NORTH 29°04'02"W EST 183.41 FEET TO THE SOUTHERLY BOUNDARY OF
SAID LOT 2,BLOCK 1,OF PACK IT UP SUBDIVISION;
THENCE LEAVING SAID WESTERLY BOUNDARY AND ALO NG SAID SOUTHERLY BOUNDARY AND THE WESTERLY EXTEN5I0H THEREOF
NORTH EW32'27'WEST 358.06 FEET;
THENCE SOUTH W27'33"W EST 165.411 FEET TO THE NORTHERLY RIG HT-0E-WAY OF OVERLAND ROAD;
THENCE ALONG SAI D NORTHERLY R IG HT-D F-WAY SOUTH 89'43'00"WEST 30-DO F EET;
THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY AND ALONG SAID SOUTHERLY BOUNDARY OF LOT 2 NORTH 0'27'33'EAST 165-79
FEET;
THENCE CID NTIN U INC ALONG SAID SOUTHERLY&DUN DARY NORTH 89"3Z27"WEST 209.44 FEET TO TH E WESTERLY BO UNDARY OF
SAID LOT 2;
THENCE LEAVING SAID SOUTHERLY BOUNDARY AND ALONG 5AID W ESTERLY BOUNDARY NORTH W27'33"EAST 483.50 FEET TO THE
NORTH ER LY BOU NDARY OF 5AI D LOT 2;
THENCE LEAVING SAID WESTERLY BOUNDARY AND ALO NG SAID NORTHERLY BOUNDARY NORTH 51'25'14'EAST 21.63 FEET;
THENCE CD NnN U ING ALONG SAID NORTHERLY BOUN DARY SOUTH 66'23'15"EAST 410.39 FEET TO THE NO RTH ER LY BOU N DARY OF
SAID LOT 1,BLOCK 1,OF SWIN DELL SUD DIVISIO N;
THENCE LEAVING SAID NORTHERLY BOON DARY OF LOT 2 AND ALONG SAID NORTHER LY BOUNDARY OF LOT 1 SOUTH 64°24'55"EAST
51.53 FEET TO THE W ESTERLY RIGHT-OF-WAY OF LABRADOR WAY;
THENCE ALONG SAID W E5TERLY RIGHT-OF-WAY THE FOLLOW ING B COURSES:
ALONG THE ARC OF A CIRCULAR CURVE TO THE LEFT 75.64 FEET,SAID CURVE HAVING A RADIUS OF 62.00 FEET;A CENTRAL ANGLE OF
69'53'57',AND A CHORD BEARING SOUTH 2920'13"EAST 71.03 FEET;
THENCE ALONG TH E ARC OF A CI RCU LAR CURVE TO THE RIGHT 16A1 FEET,SAID CURVE HAVING A RADIUS OF 20.00 FEET;A CENTRAL
ANGLE OF 51"35'Sd',AND A CHORD BEAR ING SO UTH 38'29'37"E45T 17.40 FEET;
THENCE ALONG TH E ARC OF A CI RCU LAR CURVE TO THE LEFT 2.8.49 FEET,SAID CURVE HAVING A RADIUS OF 102.00 FEET;A CENTRAL
ANGLE OF 1153"00'03",AND A CHORD BEAR ING SO UTH 20-42'03"EAST 28.39 FEET;
THENCE SOUTH 28'42'04"EAST 355-66 FEET;
THENCE ALONG TH E ARC OF A CI RCU LAR CURVE TO THE RIGHT 74.20 FEET,SAID CURVE HAVING A RADIUS OF 173.00 FEET A
C ENTRAL ANG LE OF 24'34-21",AND A CHORD DEARING SOUTH 16324'54"EAST 73-83 FEET;
THENCE SOUTH 34'07'17"WEST 25.82 FEET TO TH E PO INT OF DEC I NNI NG.
Page 4
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Item#10.
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Page 5
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Item#10.
B. Existing Development Agreement Language
USES PERMITTED BY THIS ,AGREEMENT:
4,1 The uses allowed pursuant to this Agreement are those Uses
allowed under"City"'s Zoning Ordinance_codified at Section
11-2-408 B 11 Revised and Complied Ordinances of the City of
Meridian and further limited to:
The construction,development, use, and maintenance of a
min istorage facility consisting of eight buildings of various sizes
and one caretaker unit which development shall be pursuant to
the City's Planned Unit Development procedures and pursuant to
the conditional use permit process,in which process conditions
shall be provided for but are herein not limited to
landscape%ommon area requirements, right-of-way dedication
prior to submitting for building permits,signage restrictions,and
bike lames.
6. CONDITIONS GOVERINING DEVELOPMENT OF SUBJECT
PROPERTY:
6.1 "Developer"shall develop the "Property" in accordance with the
following special conditions:
6.1.1 The construction, development,use,and maintenance of a
ministorage facility consisting of mi.nistorage buildings of
various sizes not to exceed 80,430 square feet in total of all
such buildings and one caretaker unit which development
shall be pursuant to the City's Planned Unit Development
procedures and pursuant to the conditional use permit
process,in which process conditions shall be provided for
but are herein not limited to landscape/common area
requirements,right-of-way dedication prior to submitting
for building permits, signage restrictions, and bike lanes.
Page 6
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Item#10.
C. Site Plan/Landscape Plan(date: 8/12/2021)
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Page 7
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Item#10.
D. Landscape Plan(date:November 12,20210
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Page 10
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Item#10. —
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Page 11
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