Linder Storage Condos FFCL H-2023-0074 CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN:-,
AND DECISION& ORDER
In the Matter of the Request for a Modification to the Development Agreement Required with H-
2022-0091,Linder Storage Condos,to Allow Warehouse and Flex Space Uses along with the
Previously Approved Self-service Storage Facility; and Update the Conceptual Development Plan
and Building Elevations for Linder Condos,by The Architect's Office.
Case No(s).H-2023-0074
For the City Council Hearing Date of: March 12,2024 (Findings on March 26,2024)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of March 12, 2024, incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of March 12,2024, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of March 12,2024,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of March 12,2024,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 § I 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.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR LINDER CONDOS MDA H-2023-0074 - I -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of March 12,2024, 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 a modification to the terms of the development agreement approved
with the annexation is hereby approved per the provisions in the Staff Report for the hearing
date of March 12,2024, 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. Judicial Review
Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho
Code § 67-652 1(1)(a), an affected person aggrieved by this final decision may,within twenty-eight
(28)days after all remedies have been exhausted, including requesting reconsideration of this final
decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as
provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of
Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA.
F. Notice of Right to Regulatory Takings Analysis
Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the
subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory
takings analysis.
G. Attached: Staff Report for the hearing date of March 12, 2024
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR LINDER CONDOS MDA H-2023-0074 -2-
By action of the City Council at its regular meeting held on the 26th day of March
2024.
COUNCIL PRESIDENT JOE BORTON VOTED
COUNCIL VICE PRESIDENT LIZ STRADER VOTED
COUNCIL MEMBER DOUG TAYLOR VOTED
COUNCIL MEMBER LUKE CAVENER VOTED
COUNCIL MEMBER JOHN OVERTON VOTED
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robert E. Simison 3-26-2024
Attest:
Chris Johnson 3-26-2024
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Dated: 3-26-2024
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR LINDER CONDOS MDA H-2023-0074 -3-
EXHIBIT A
STAFF REPORT E COMMUNITY
N --
COMMUNITY DEVELOPMENT DEPARTMENT D A H O
HEARING March 12,2024 Legend ( 0
DATE: Continued from:February 13, 2024 ( Pr,��i Lcou-Ron
I
TO: Mayor&City Council :g
tR=
FROM: Sonya Allen,Associate Planner �`oc1RUT-
208-884-5533
SUBJECT: H-2023-0074
Linder Condos—MDA R7
LOCATION: 300 N. Linder Rd. in the SW 1/4 of I
Section 12,T.3N.,R.1 W. 1-L
Y'f FRAHKOW _
C-
TN-R R1 C-N -
1. PROJECT DESCRIPTION
The Applicant proposes a modification to the development agreement required with H-2022-0091,Linder
Storage Condos,to allow warehouse and flex space uses along with the previously approved self-service
storage facility; and update the conceptual development plan and building elevations.
II. SUMMARY OF REPORT
A. Project Summary
Description Details ` Page
Acreage 0.98-acre
Future Land Use Des* nation General Industrial
Existing Land Use Rural residential property
Proposed Land Use(s) Self-service storage facility or warehouse or flex space
Current Zoning R1 in Ada County
Proposed Zoning Tentatively approved with I-L(Light Industrial)zoning(with
approval of the development agreement and annexation
ordinance H-2022-0091)
Physical Features(waterways, None
hazards,flood plain,hillside)
Neighborhood meeting date 1/11/24
History(previous approvals) Lot 4,Heppers Acre Subdivision;H-2022-0091 (AZ,VAC)
Pagel
III. APPLICANT INFORMATION
A. Applicant:
Jeremy Putman,The Architect's Office—499 Main Street,Boise,ID 83702
B. Owner:
Greg Herman—300 N. Linder Rd.,Meridian, ID 83642
C. Representative:
Same as Applicant
IV. NOTICING
City Council
Posting Date
Newspaper notification
published in newspaper 1/28/24,2/25/24
Radius notification mailed to
property owners within 300 feet 1/26/24,2/24/24
Public hearing notice sign posted
1/13/24,2/28/24
on site
Nextdoor posting 1/29/24,2/26/24
V. STAFF ANALYSIS
The Applicant proposes to modify the development agreement(H-2022-0091)to allow warehouse and flex
space uses in addition to the previously approved self-service storage facility use; and update the conceptual
development plan and building elevations for the site. The Applicant's narrative states the target market for
these spaces will be for contractors,mostly for storage,with the potential for each space to have a small
office and restroom.Note: The development agreement associated with H-2022-0091 has not yet been signed
and recorded.
Proposed Use: The proposed modification will allow for more variety in the uses allowed on the site as can
be accommodated with the proposed development plan. Per UDC Table 11-2C-2,warehouse and flex space
uses are listed as principal permitted uses in the I-L district. The proposed uses are subject to the specific use
standards listed in the UDC, as follows:
• 11-4-3-42 Warehouse:
A. Accessory uses allowed. Office not to exceed twenty-five (25)percent and retail sales not to
exceed ten(10)percent of the total enclosed area of the use.
B. Outside activity areas shall be located a minimum of three hundred(300)feet from any property
line adjoining a residence or a residential district.
• 11-4-3-18 Flex Space:
A. Office and/or retail showroom areas shall comprise a minimum of thirty(20)percent of the
structure and/or tenant space.
B. Light industry and warehousing shall not comprise more than seventy(70)percent of the tenant
space.
C. In the C-C, C-G and M-E districts,roll-up doors shall not be visible from a public street.
Page 2
D. Except in the I-L and I-H districts, loading docks are prohibited.
E. Retail use shall not exceed twenty-five (25)percent of leasable area in any tenant space.
Site Plan: Originally, eight(8)tenant spaces were proposed in two (2)buildings;now seven(7)tenant
spaces are proposed in two(2)buildings totalling 15,643 s.f.,including mezzanines. The west building had
to be reduced in size to accommodate the cross-access easement/driveway required to the adjacent properties
to the north and south.
Access: Access is proposed via N. Linder Rd., an arterial street. The location of the cross-access driveway to
the south has changed from the middle of the site between the buildings to the west side of the front building
along Linder Rd.; a cross-access driveway is proposed to the north in alignment with the driveway to the
south in accord with UDC 11-3A-3A.2.A Fire Dept. turnaround is proposed between the two structures as
depicted on the site plan.
Parking: In the I-L zoning district, a minimum of one(1)off-street vehicle parking space is required for
every 2,000 s.f. of gross floor area per UDC 11-3C-6B.2, except for self-service storage facilities,which only
require parking for the associated office space(if provided)and not for the storage facility. Because a variety
of uses are proposed,the more restrictive parking standard should apply to the overall development.
Based on the square footage of the structures (i.e. 15,643 s.f.), a minimum of seven(7)parking spaces are
required; 13 spaces are provided, exceeding the minimum standard by six(6) spaces,which should be
sufficient for any of the uses proposed. The extra spaces should accommodate parking for the flex space use
(if developed),which would likely create a need for more parking for customers and employees of the
retail/office component of the use.
A minimum of one(1)bicycle parking space is required for every 25 proposed vehicle parking spaces or
portion thereof per UDC 11-3C-6G;bicycle parking facilities are required to meet the location and design
standards listed in 11-3C-5C.A bicycle rack is depicted on the site plan.
Development Agreement(DA): The existing DA provisions are included in Section VII.A below; the
Applicant's proposed changes are noted in strike-out/underline format. The Applicant requests DA provision
#5.1h,which limits the hours of operation for storage facilities from 6:00 am to 11:00 pm as set forth in
UDC 11-4-3-34E, is revised to include warehouse&flex space. However,because the proposed uses aren't
subject to the same limitations on the hours of operation as storage facilities, Staff does not recommend a
change to this provision.
The existing and proposed conceptual development plans and building elevations are also included below in
Section VII.B. Other than the reduction in the size of the west building,the proposed development plan and
elevations are generally consistent with the previously approved plans and conditions of approval. Therefore,
Staff is supportive of the proposed changes and inclusion of the additional uses proposed to allow more
flexibility for the use of the site.
VI. DECISION
A. Staff:
Staff recommends approval of the proposed Development Agreement modification as requested by the
Applicant.
B. The Meridian City Council heard this item at the February 13t'and March 12t'public hearings
and approved the proposed MDA application.
1. Summary of the City Council public hearine:
a. In favor: Jeremy Putman,The Architect's Office(Applicant's Representative):Kim
Kelly
b. In opposition:None
Page 3
C. Commenting: None
d. Written testimony: Ronald Hatch.Property owner to the north(in support)
e. Staff presenting application: Sonya Allen
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. Concern pertaining to intensity of the additional uses proposed and their potential
negative impact on existing adjacent residential neighbors and the adequacy of on-site
parking.
b. At the continued hearing.the Applicant addressed previous concerns to the satisfaction
of the Council.
4. City Council change(s)to Commission recommendation.
a. None
Page 4
VII. EXHIBITS
A. Existing Development Agreement Provisions—Proposed Changes Shown in Strike-out/Underline
format
4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in
accordance with the terms and conditions of this Agreement.
4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC.
4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1.Owner/Developer shall develop the Property in accordance with the following special conditions:
a. Future development of this site shall be generally consistent with the conceptual development plans
included in Section VIII of the Staff Report attached to the Findings of Fact and Conclusions of Law
attached hereto as Exhibit`B,"Unified Development Code Standards,design standards in the
Architectural Standards Manual, and the provisions contained herein.
b. Comply with the specific use standards for warehouse facilities(UDC 11-4-3-42),self-service storage
facilities'; kUDC 11-4-3-34), flex space facilities (UDC 11-4-3-18)and the standards for self-
service uses in UDC 11-3A-16,as applicable.
c. The existing driveway via N. Linder Rd. Shall be closed and a new driveway constructed in alignment
with the driveway on the west side of N. Linder Rd.,unless otherwise approved by the City and ACHD.
d. A driveway stub shall be constructed to the northern property line and a cross-access/ingress-egress
easement granted to the property to the north(Parcel#R3579000015)in accord with UDC 11-3A-3A.2.
A copy of the recorded easement should be submitted to the Planning Division with the Certificate of
Zoning Compliance application for the proposed use.
e. A driveway stub shall be constructed to the southern property line and a cross-access/ingress-egress
easement granted to the property to the south(Parcel#R3579000025)in accord with UDC 11-3A-3A.2.
A copy of the recorded easement should be submitted to the Planning Division with the Certificate of
Zoning Compliance application for the proposed use.
f. A 5-foot-wide buffer shall be provided to the residential land use to the north(Parcel#R3579000015),
landscaped per the standards listed in UDC 11-3B-9C, as approved by City Council with consent from
the property owner to the north.Note: The City Council approved a reduced buffer width from 25 feet to
5 feet.
g. Mitigation is required for existing trees on this site that are removed as set forth in UDC 11-3B-IOC.5.
h. The-sStorage facility hours of public operation, if developed on the site, shall be limited to 6:00 a.m. to
11:00 p.m. as set forth in UDC 11-4-3-34E as long as the property abuts a residential district.
i. Future structure(s)on the site shall comply with the non-residential design standards in the Architectural
Standards Manual for commercial districts(i.e., CD).
j. The existing irrigation ditch on the eastern portion of the site shall be piped or otherwise covered as set
forth in UDC 11-3A-6.
k. A flood plain development permit with base flood elevations and flood protection elevations shall be
required with a future development application.
Page 5
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