Meridian U-Haul Moving and Storage MDA H-2021-0101 DA ADA COUNTY RECORDER Phil McGrane 2022-034381
BOISE IDAHO Pgs=23 BONNIE OBERBILLIG 04/07/2022 10:57 AM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Matthew F. Braccia,Amerco Real Estate Company, Owner/Developer
THIS DEVELOPMENT AGREEMENT(this Agreement),is made and entered into this 5th
day of April , 2022, 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 Matthew F. Braeeia,Amerco Real Estate Company,whose address is 2727 N. Central
Avenue, Ste. 500, Phoenix, AZ 85004, hereinafter called O`VNER/DEVELOPER.
1. 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 I 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 modification
of an existing Development Agreement (Instrument # 100029704) on the
property as shown in Exhibit"A"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 rezoning held before
Planning and Zoning Commission and the City Council, includes responses of
government subdivisions providing services within the City of Meridian
planning jurisdiction, and includes further testimony and comment; and
DEVELOPMENT AGREEMENT—MERIDIAN U-HAUL MOVING AND STORAGE(H-202I-0101) PAGE I OF 7
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1.7 WHEREAS, on the 22nd day of February, 2022, the Meridian City Council
approved certain Findings of Fact and Conclusions of Law and Decision and
Order ("Findings"), which have been incorporated into this Agreement and
attached as Exhibit`B"; and
1.8 WHEREAS, the Findings require the Owner/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,The Property contained in Exhibit"A"shall no longer be subject
to the terms of the existing Development Agreement(Inst.#100029704)or any
prior development agreement and shall be bound only by the terms contained in
this Agreement.
1.11 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 Matthew F.Braccia,Amerco
Real Estate Company, whose address is 2727 N. Central Avenue, Ste. 500,
Phoenix,AZ 85004,hereinafter called OWNER/DEVELOPER,the party that
owns and is developing said Property and shall include any subsequent
owner(s) and/or developer(s) of the Property.
DEVELOPMENT AGREEMENT—MERIDIAN U-HAUL MOVING AND STORAGE(H-2021-0101) PAGE 2 OF 7
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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
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 of this site shall comply with the site plan, landscape plan and be
conceptual building elevations for the self-storage and rental facility included in
Section VII of the Staff Report attached to the Findings of Fact and Conclusions of
Law attached hereto as Exhibit`B", and the provisions contained herein.
b. 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/
6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6)
months after the date of the Findings for the annexation and zoning or it is null and void.
7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
7.1 Acts of Default. In the event Owner/Developer, or Owner's/Developer's heirs,
successors, assigns, or subsequent owners of the Property or any other person
acquiring an interest in the Property,fail to faithfully comply with all of the terms and
conditions included in this Agreement in connection with the Property, this
Agreement may be terminated by the City upon compliance with the requirements of
the Zoning Ordinance.
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.
DEVELOPMENT AGREEMENT—MERIDIAN U-HAUL MOVING AND STORAGE(H-2021-0101) PAGE 3 OF 7
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7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice
from City as described in Section 7.2, City shall,upon satisfaction of the notice and
hearing procedures set forth in Idaho Code section 67-651IA,have the right,but not a
duty, to de-annex all or a portion of the Property, reverse the zoning designations
described herein, and terminate City services to the de-annexed Property, including
water service and/or sewer service. Further, City shall have the right to file an action
at law or in equity to enforce the provisions of this Agreement.Because the covenants,
agreements, conditions, and obligations contained herein are unique to the Property
and integral to City's decision to annex and/or re-zone the Property, City and
Owner/Developer stipulate that specific performance is an appropriate, but not
exclusive, remedy in the event of default. Owner/Developer reserves all rights to
contest whether a default has occurred.
7.4 Choice of Law and Venue. This Agreement and the rights of the parties hereto shall
be governed by and construed in accordance with the laws of the State of Idaho,
including all matters of construction, validity, performance, and enforcement. Any
action brought by any party hereto shall be brought within Ada County, Idaho.
7.5 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.
7.6 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: Owner/Developer shall,immediately upon completion of any portion
or the entirety of said development of the Property as required by this Agreement or by City ordinance
or policy,notify the City Engineer and request the City Engineer's inspections and written approval of
such completed improvements or portion thereof in accordance with the terms and conditions of this
Agreement and all other ordinances of the City that apply to said Property.
9. REQUIREMENT FOR RECORDATION: City shall record this Agreement,
including all of the Exhibits,and submit proof of such recording to Owner/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
DEVELOPMENT AGREEMENT—MERIDIAN U-HAUL MOVING AND STORAGE(H-2021-0101) PAGE 4 OF 7
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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:
Matthew F. Braccia,Amerco Real Estate Company
2727 N. Central Avenue, Ste. 500
Phoenix, AZ 85004
14.1 A party shall have the right to change its address by delivering to the other parry
a written notification thereof in accordance with the requirements of this section.
15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto
concerning this Agreement,the prevailing party shall be entitled,in addition to any other relief as may
be granted, to court costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall
survive any default, termination or forfeiture of this Agreement.
16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is
strictly of the essence with respect to each and every term,condition and provision hereof,and that the
failure to timely perform any of the obligations hereunder shall constitute a breach of and a default
under this Agreement by the other party so failing to perform.
17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure
to the benefit of the parties' respective heirs, successors, assigns and personal representatives,
including City's corporate authorities and their successors in office. This Agreement shall be binding
on the Owner/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.
DEVELOPMENT AGREEMENT—MERIDIAN U-HAUL MOVING AND STORAGE(H-2021-0101) PAGE 5 OF 7
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City agrees,upon written request of Owner/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.
[end of text; acknowledgements, signatures and Exhibits A and B follow]
DEVELOPMENT AGREEMENT—MERIDIAN U-HAUL MOVING AND STORAGE(H-2021-0101) PAGE 6 OF 7
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ACKNOWLEDGMENTS
IN WITNESS WHEREOF,the parties have herein executed this agreement and made it
effective as hereinabove provided.
OWNERS/DEVELOPER:
Matthew F. Braccia, Amerco I Estate Company
CITY OF MERIDIAN ATTEST:
By:
Mayor Robert E. Simison Chris Johnson, City Clerk
STATE OF 1RAM )
pp.yy��0.�C ca�
County af�1�c#�� ) ss:
On this Lftay of !&a v'&L ,2022,before me,the undersigned,a Notary Public in and for said State,
personally appeared Matthew F.Braccia,known or identified tome to be the Prg 5jCA of Amerco Real Estate
Company. and the person who signed above and acknowledged to me that he executed the same on behalf of said
company.
IN WITNESS WHEREOF, I have hereunto set my hand and aft' d- Icia I the day and year in this
certificate first above written.
ROSiO L.SANDOVAL
NMARY PUBLIC-AMMNA
qv OMMSgiONA Public for 2t21np
MY COMMIS M EXP M Residing at:
MAY 25,21123
My Commission Expires: 05 L3
STATE OF IDAHO }
:ss
County of Ada }
On this 5th day of April 2022, 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.
Notary Public for Idaho
Residing at: Meridian, Idaho
Commission expires: 3-28-2028
DEVELOPMENT AGREEMENT—MERIDIAN U-HAUL MOVING AND STORAGE(H-2021-010 1) PAGE 7 OF 7
EXHIBIT A
Item#23.
A. Development Agreement Legal Description and Exhibit Map(date: 10/1/2021)
LO I IN BLOCK i OF PACK IT UP SUBDIVISION,ACCORDING TO THE PLAT THEREOF,FILED IN BOOK 84 OF PLATS AT PAGES 936.0 AND
9361,P.ENRDS OF ADA COUNTY,IDAI1O.
PAP.CEL 11:
APAP.CEL OF LAND BEING'ALLOF LOTS,AND A PORTION OF LO 2 BLOCK I OF PACK IT UP SUBDIVISION LOCATED IN THE
SOUTHEAST AUAP:TER OF SECTION 18,TOWNSHIP 3 NOW H,RANGEI EAST,DOME MERIDIAN,ADACOUN ,IDAHO,ANDALSO
SHOWN AS PARCEL'B'ON RECORD OF SURVEY NO-6228,AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,
COMMENCING ATTHE SOUTHEAST OORNER OF SAID SECTION 19,FROM WHICH THE SOU HQUAR ER CORNER OF SAID SECTION
BEARS SOUTH 99'44'18"WEST,2649.09 FEET,THENCE
SOUTH 89'44'18"WEST ALONG THE SOUTH BOUNDARY OF SAID SECTION 18 AND THE CENTERLINE OF WEST OVERLAND ROAD FOR A
DISTANCE OF 1897.27 FEET;THENCE LEAVING SAID BOUNDARY AND CENTERLINE NORTH 00'28"31"EAST FOR A DISTANCE OF 4&60
FEET TO A POINT ON THE NORTH RICH -OF-WAY LINE OF WEST OVERLAND ROAD AND THE SOUTHWEST OORNER OFLOT3 BLOCK
OF PACK IT UP SUBDIVISION,BEING THE REAL PA IHT OF BEGINNI NG;THENCE
NORTH BW28'51'EASTALONG THE WEST BOUNDARY OF SAID LOT 3 EXTENDED FOP.A DISTANCE OF 165.40 FEET;THENCE
SOUTH 89'31'09"EAST FOR A DISTANCE OF 195.56 FEET TO THE NOW HEA-T CORNER OF SAID LOT 3;THENCE
SOUTH 0O'.2.8'52"WEST ALONG THE EAST BOUNDARY OF SAID LOT 3 FOR A DISTANCE OF 162-87 FEET;TH ENCE
SOUTH 89'44'18"WEST ALONG THE SOUTH BOUNDARY OF SAID LOT 3 FOR A DISTANCE OF 195-57 FEET TO THE REAL PAINT OF
BEG NNING.
PAP.CE L 11I:
A PARCEL OF LAND BEING LOT 1,BLOCK 1,OF SWINDELL SUBDIVISION,A RECORDED 5URDIV15ION ON FILE IN BOOK 113 OF PLATS AT
PAGES 16586 THROUGH 16510,RECORDS OF ADA COUNTY,IDAHO,AND A POW ION OF LO 2,BLOCK I,OF PAW IT UPSUBDNISION,
A RECOP.DED SUBDIVISION ON FILE IN BOOK 84 OF PLATS A PAGES 9360 AND 9361,RECORDS OF ADA COUNTY,IDAHO,SITUATED IN
THE
SOUTHEAST 114 OF SECTION 19,TOWNSHIP 3 NORTH,RANGE 1 EAST,BOISE MERIDIAN,CITY OF MERIDIAN,ADA COUNTY,IDAHO,
AND AS SHOWN ON RECORD OF SURVEY INSTRUMENT NUMBER 262GF172777,AND MORE PARTICULARLY DEWRI BED AS FOLLOWS:
BEG NNING ATTHE MOST SOUTHERLY CORNER OF SAID LOT 1,BLOCK 1,OF SWINDELL SUBDIVISION;
THENCE ALONG THE WESTERLY BOUNDARY OF SAID LOT 1 NOR H 29'OW92"WEST 183.41 FEE TO THE SOUTHERLY BOUNDARY OF
SAID LOT 2,BLOCK 1,OF PACK IT UP SUBDIVISION;
THENCE LEAVING SAID WESTERLY BOUNDARY AND ALONG SAID SOUTHERLY BOUNDARY AND THE WESTERLY EXTENSION THEREOF
NOR H 89'32'27'W ES 358.O6 FEET;
THENCE SOUTH 0'27'33"WEST 255.4O FEETTO THE NORTHERLY RIGHT-O F-WAY OF OVERLAND ROAD;
THENCE ALONG SAID NORTHERLY RIGHT-OF WAY SOUTH&1'03'90"WEST 30-00 FEET;.
THENC:ELEAVI G SAID NORTHERLY RIGHT-OF-WAY AND ALONG SAID SOU HERLY BOUNDARYOF LOT 2 NORTH 0'27'33"EiAST 165-79
FEET;
THENCE CONTINUING ALONG SAID SOUTHERLY BOUNDARY NORTH.B9'32'27"WEST2.09.44FEET TO THE WESTERLY04UNDARY Of
SAID LOT 2;
THENCE LEAVING SAID SOUTHERLY BOUNDARY ANDALONG SAID WESTERLY BOUNDARY NORTH O'27'33"EAST 483.50 FEET TO THE
NORTHERLY BOUNDARY OF SAID LOT 2;
THENCE LEAVING SAID WESTERLY SO UNDARY AN D ALONG SAID NOW HERLY BOUNDARY NORTH 31'2 S'14'EAST 21-83 FEET;
THENCE CONTINUING ALONG SAID NORTHERLY BOUN DARY SOU H i8'23'15"EA 410-39 FEET TO THE NORTHERLY BOUNDARY OF
SAID LOT1,BLOCK 1,OF SWINDELL SUB DIVISION;
THENCE LE4VI G SAID NORTHERLY NOUN DARY OF LOT 2 AND ALONG SAID NORTHERLY BOUNDARY OF LOT 1 SOUTH 84"24'55"EAST
51.53FEE TO'THE WESTERLYRIGHT-OF-WAYOF LABRADOR WAY,
THENCE ALONG SAID WESTERLY RIGHT-OF-WAY THE FOLLOWING 6 COU RSESC.
ALONG THE ARC OF A CIRCULAR CURVE TO HE LEFT 75.64 FEET,SAID CURVE HAVING A RADIUS OF i2-00 FEET;A CENTRAL ANGLE OF
69'33'57',AN D A CHORD BEARING SOUTH 2.9'2A'13'EAST 71.03 FEET,;
THENCE ALONG THE ARC OF A CIRCULAR CURVE iO THE RIGH 18.01 FEET,SAID CURVE HAVING A RADIUS OF 20.01 FEET;A CENTRAL
ANGLE OF 51'35'10",AND A CHORD HEARING SO U 111 38'29'37"EAST 17.40 FEET;
THENCE ALONG THE ARC OF A CIRCULAR CURVE-0 THE LEFT 28.49 FEET,SAID CURVE HAVING A RADIUS OF 102.60 FEET;A CENTRAL
ANGLE OF 16'OWD3",AND A CHORD BEARING SOUTII 2O'42'03"EAST 23.39 FEET;
THENCE SOUTH 28'42'04"EAST 355-66 FEET;
THENCE ALONG THE ARC OF A CI RCULAR C'URVETO THE RICH 74-20 FEET,SAID CURVE HAVING A RADIUS OF173.90 FEET
CENTRALA GLE OF 24'34'21",AND A CHORD NEARING SOUTH 16"24'54'EAST 73.63 FEET;
THENCE SOUTH 34'07'17"WEST 25.82 FEET TO THE POINT OF BEGINNING.
Page 324
Item#23.
C> 11D2 OD'I Tn 49 1 IQV04P 1 2—4.X14rO>-E u IN[vrx'>a-w 1 2o.19
fI 173.00' IL2✓ 2-1,21• 2>4>' ID'N'x-E LI s!S9'4>'00•w >o.GO'
Vg <.S F{A Y.' a5.20' 98.14' �z9'_Z"E LS N 5125'If E 21.83'
r r I N L'1 LL C4 Z9.00' 2E DD' wo"I' 12.85 •Itl21'>B'E lb N DR13Y E M en'
EL E
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1250 OVERLAND ROAD
5.32t ACRES
I aItsx�
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P � \\
N 8912'27'W
N 89'32.27"'W 209.44' pFa�.an'
I PARCEL I m
1230 OVERLAND ROAD PARCEL II
I� 0.80t ACRES W I I _ 1274 OVERLAND ROAD
0.74t ACRES
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_ S 89--3'00'W 209.48' _ELL 5 89'4700'W 19— b ^I
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E. OVERLANO ROAD
Page 325
Item#23. EXHIBIT B
CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW C (([E IDIAl`T
AND DECISION&ORDER
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)
- I Page 326
Item#23.
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 Page 327
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-
,tem#23. EXHIBIT A
STAFF REPORT E COMMUNITY
N --
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 2/8/2022 Legend .J
DATE:
Y
TO: Mayor&City Council
FROM: Alan Tiefenbach,Associate Planner
ti
SUBJECT: H-2021-0101 , - _HD
Meridian U-Haul Moving and Storage 64` °
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#23.
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."
Page 2
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Item#23.
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 VII. and the
provisions contained herein.
2. Uses on the property shall conform with the uses codified in UDC Table 11-213-2 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
Page 3
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Item#23.
VII. EXHIBITS
A. Development Agreement Legal Description and Exhibit Map(date: 10/1/2021)
PARCEL I-
LOT 1 IN BLOCK 1 OF PACK IT UP SUBDIVISION,ACCORDING TO THE PLAT THEREOF,FILED IN BODK 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 21N BLOCK 1 OF PACK IT UP SUBDIVISION LOCATED IN THE
SOUTHEAST QUARTER OF SECTION 1S,TOWNSHIP 3 NORTH,RANGE 1 EAST,BOISE MERIDIAN,ADA COUNTY,IDAHO,AND ALSO
SHOWN AS PARCEL'B'ON RECORD OF SURVEY NO-6229,AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMM ENCI NG AT THE SO UTH EAST OO RNER OF SAID SECTION IS,FROM WH ICH TH E SOUTH QUARTER.CORNER OF SAID SECTION
BEARS SOUTH 89'44'18"WEST,2649 '9 FEET,THENCE
SOUTH 89'44'IE"WEST ALONG THE SOUTH BOUNDARY OF SAID SECTION 18 AND THE CENTERLINE OF W EST OVERLAND ROAD FOR A
DISTANCE OF 11197.27 FEET;THENCE LEAVING SAID BOUNDARY AND CENTERLINE NORTH 00'28'51"EAST FOR A DISTANCE O F 48-60
FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF WEST OVERLAND ROAD AND THE SOUTHWEST CORNER OF LOT 3 BLOCK 1
OF PACK IT UP SUBDIVISION,BEING THE REAL POINT OF BEGINNING;THENCE
NORTH DO"28'51'EASTALONG THE WEST BOUNDARY OF SAID LOT 3 EXTENDED 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 OO'28'51"WEST ALONG THE EAST BOUNDARY 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 SWINDELL SUBDIVISION,A RECORDED SUBDIVISION ON FILE IN BOOK 113 OF PLATSAT
PAGES 16W6THROUGH 16510,RECORDS OF ADA COUNTY,IDAHO,AND A PORTION OF LOT 2,BLOCK 1,OF PACK ITUP SUBDIVISION,
A RECORDED SUBDIVISION ON FILE IN BOOK 84 OF PLATS AT PAGES 9360 AND 9361,RECORDS OF ADA COUNTY,IDAHO,SITUATED IN
THE
SOUTHEAST 1/4 OF SECTION 19,TOWNSHIP 3 NORTH,RANGE 1 EAST,BOISE MERIDIAN,CITY OF MERIDIAN,.ADA COUNTY,IDAHO,
AND AS SHOWN ON RECORD OF SURVEY INSTRUMENT NUMBER 2020-172777,AND MORE PARTICULARLY DESCRI BED AS FOLLOWS:
BEGINNING ATTHE MOST SOUTHERLY CORNER OF SAID LOT 1,BLOCK 1,OF SWINDELL SUBDIVISION;
THENCE ALONG TH.E WESTERLY BOUNDARY OF SAID LOT 1 NORTH 29'04'02'WET 133.41 FEETTO THE SOUTHERLY BOUNDARY OF
SAID LOT 2,BLOCK 1,OF PACK IT UP SUBDIVISION;
THENCE LEAVING SAID WESTERLY BOUNDARY AND ALONG SAID SOUTHERLY BOUNDARY AND THE WESTERLY EKTEN510H THEREOF
NORTH SW32'27'WEST 359.06 FEET;
THENCE SOUTH W27'33"W EST 165.411 FEETTO THE NORTHERLY RIGHT-OF-WAY OF OVERLAND ROAD;
THENCE ALONG SAI D NORTHERLY RIGHT-OF-WAY SOUTH 89'43'DO"WEST 3D-DC FEET;
THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAYAND ALONG SAID SOUTHERLY BOUNDARY OF LOT 2 NORTH 0'27'33'EAST 165-79
FEET;
THENCE CONTINUING ALONG SAID SOUTHERLY BOUN DARY NORTH 89'32'27"W EST 209.44 FEET TO TH E WESTERLY BOUNDARY OF
SAID LOT 2;
THENCE LEAVING SAID SOUTHERLY BOUNDARY ANDALONG SAID W ESTERLY BOUNDARY NORTH W27'33"EAST 483.50 FEET TO THE
NORTHERLY BOUNDARY OF SAID LOT 2;
THENCE LEAVING SAID WESTERLY BOUNDARY AND ALO NG SAID NORTH ERLY BOUNDARY NO RTH 51'25'14'EAST21.63 FEET;
THENCE CONTINUING ALONG SAID NORTHERLY BOUNDARY SOUTH 66'23'15"EAST 410.39 FEET TO THE NORTHERLY BOUNDARY OF
SAID LOT 1,BLOCK 1,OF SWINDELL SUB DIVISION;
THENCE LEAVING SAID NORTHERLY BOUNDARY OF LOT 2 AND ALONG SAID NORTHERLY BOUNDARY OF LOT I SOUTH 64°24'55"EAST
51.53 FEETTOTHE WESTERLY RIGHT-CF-WAY OF LABRADOR WAY;
THENCE ALONG SAID WESTERLY RIGHT-OF-WAY THE FOLLOWING 6 COURSES:
ALONG THE ARC OF A CIRCULAR CURVE TOTHE LEFT 75.64 FEET,SAID CURVE HAVING A RADIUS OF 62.00 FEET;A CENTRAL ANGLE OF
69V'53'57',AND A CHORD BEARING SOUTH 29'213'13"EAST 71.03 FEET;
THENCE ALONG THE ARC OF A CIRCULAR CURVE TO THE RIGHT 16.01 FEET,SAID CURVE HAVING A RADIUS OF 20.0D FEET;A CENTRAL
ANGLE OF 51'35'10",AND A CHORD BEARING SOUTH 38'29'37"EAST 17.40 FEET;
THENCE ALONG TH E ARC OF A CI RCULAR CURVE TO THE LEFT 28.49 FEET,SAID CURVE HAVING A RADIUS OF 102.13O FEET;A CENTRAL
ANGLE OF 16'130'D3",AND A CHORD BEARING SOUTH 20-42-03"EAST 29.39 FEET;
THENCE SOUTH 28'42'04"EAST 355-66 FEET;
THENCE ALONG THE ARC OF A CI RCULAR CURVE TO THE RIGHT74.20 FEET,SAID CURVE HAVING A RADIUS OF 173.130 FEET A
CENTRALANGLE OF 24-34-21",AND A CHORD BEARING SOUTH 16'24'54"EAST73-83 FEET;
THENCE SOUTH 34'07'17"WEST 25.82 FEETTO THE POINT OF BEG INNING.
Page 4
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Item#23.
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Page 5
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Item#23.
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
ministorage facility consisting of eight buildings of various sizes
and one caretaker unit which development shall he 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 lammed to
landscapeJcommon area requirements, right-of-way dedication
prior to submitling for building permits,signage restrictions,and
bake lanes.
6. CONDITIONS GOVERNING 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 ministorage buildings of
various sizes not to exceed 84,430 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#23.
C. Site Plan/Landscape Plan(date: 8/12/2021)
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Page 7
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Item#23.
D. Landscape Plan(date:November 12,20210
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Page 336
E. Building Elevations d. 6/1/2021)
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NORTH ELEVATION,BUILDING
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Item#23.
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Page 10
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Item#23.
ATAS
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HORIZONTAL SANDSTONE GID WALL II RI
SIERRA TAN MFN122
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Page 11
Page 339