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Citidel Self Storage Facility AZ 12-011ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 q0 BOISE IDAHO 02!07113 10:20 AM DEPUTY Bonnie Oberbillig III I II III ~ II IIIIIIII I I II II RECORDED-REQUEST OF Meridian City 11: ~~ i ~Ga~, i DEVE+ L®P1~EI~"1" .l~($ E N~' PAI~.TIES: 1. City of Mexidian 2. 131 LLC, Owners/Developers THIS DFnVELOPMENT AGREEMENT (this Agreement), is made and entered into this - ~~~~` _ day of 2`~"'~'~ , 2013, by and between City of Meridian, a mutucipal corporation of the State of Idabel, hereafter palled CITY, and E1, LLC whose address is I'0 I3ox 1610, Eagle, Idaho, R3616 hereinafter palled OWNER:S/DEVELOPERS. 1. CI'TALS: 1.1 VV .AS, Owners/Developers are the sole owners, in law and/or equity, of ceI°tain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attaehed hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; 1.2 AS, Idaho Code § 67®6511A provides that cities may, by ordinance, require or permit as a condition of re-zoning that the Owners / Developers made a written commitment concerning the use or development ofthe subject Property; and 1.3 AS, City has exercised its statutory authority by the enactment of Ordinance 11-SI3-3, which authorizes development agI°eements upon the annexation and/or re-zoning of land; and 1.4 VV'~iE ,AS, Owners/Developers have submitted an application for annexation and re-zoning of the Property described in Exhibit A, anal has requested a designation of C-C {Colrlrnunity Easiness District), (Municipal Code of the City of Meridian); and 1.5 ~ AS, Owners/Developers made representations at the public hearings both before the Meridian Planning 8c Zoning Commission and before the Meridian City Council, as to haw the subject Property will be developed and what improvements will be made; and 1.6 ' { AS, record of the proceedings for the requested annexation acid zoning designation. of the subject Property held before the Planning ~c Zoning Commission, and subsequently before the .City Council, include DEVELOPMENT.AGREEMENT -CITADEL BELT-STORACYE (AZ 12x011) I-'At'rE 1 OP 9 responses of goverr~nnent subdivisions providing services within the City of Meridian planning jurisdiction, and reoeived further testimony and comment; and 1.7 + ,City Council, the 2"a day of January, 2013, has approved Findings of Fact and Conclusions of Law, set foi~th in Exhibit "B", which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the Findings); and 1.8 ~ A~, the Findings require the Owners/ Developers to enter into a development agreement before the City Council tapes final action on annexation and zoning designation; and 1.9 O IJ~I;L~PE deem it to be in their best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at his urging and requests; and 1.10 AS, City requires the Owners/Developers 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 development agreement, herein being established as a result of evidence received by the City in the proceedings far zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re-zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian on April 19, 2011, Resolution No. 11-784, and the Zoning and Development Ordinances codified in Meridian Unified Development Code, Title 11. ~T®'VV', ~ + I'® , in consideration of the covenants and conditions set fon°th herein, the parties agree as follows: 2. II~C® ® TIC OF CITALSs That the above recitals arts contractual and binding and are incorporated herein as if set forth in fiall. 3. D~F ITI®NS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein pxovided for, unless the clear context of the presentation of the same requires othervvi se: 3.1 CIT~'t means and refers to the City of Meridian, a panty to this Agn°eeanent, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the Mate of Idaho, whose address is 33 East Bxoadway Avenue, Meridian, Idaho 83&42. DEVELOPMENT AGREEMEN'T'- CTTAT)EL sELF~STGRAGE (AZ 128011} PAGE 2 OF S 3.2 O 12S/DJg+ { LOP ~ ®means and refex°s Bl, LLC, whose address is P.O. $ox 1b10, t/agle, 1D 83616, the party that is developing said Pr°operty and shall inolude any subsequent owner and/or developer(s) of the Property. 3.3 PR®PEI2TY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in hxhibit A describing the parcels to be re-zoned C-G (General Retail and Service District) attached hereto and by this reference incorporated herein as if set forth at length. 4. ITSES F'E ED BY ~' SAG E ~ NT6 4,1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian Unified Development Code. 4.2 No change in the uses specified in this Agree~.ent sha11 be allowed without modification of this Agreement. 5. C®NI)I'I'IONS GONE ~PtG I)E~EI.,OI' NT ®F` SY.TB CT l.'ItOI'ER~'~: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Future development of the site shall be consistent with the design standards in UDC 11-3A.-19 and the guidelines in the Meridian Design Manual. b. The ITD corridor plan requires 140 feet of right-of-way, or 70 feet of right-of way on each side of the centerline. The current highway plans identify only 40 feet of right-of way abutting the Owner/Developers parcel. The Owner/Developer shall dedicate the additional 30 feet of right-of way abutting the subject parcel. c. The Owner/Developer sha11 close the existing full access to Chinden Boulevard and may construct an emergency access to Chinden Boulevard in the general location depicted on the site plan subject to ITD approval and City Council approval of a variance. d. The use of this property shall be restricted to the self-storage facility approved by CUP 12-016, unless modified by City Council at a public hearing. 6. COIVIPLIANCE PE ®D/CONSENT TO ZO :This Agreement and the commitments contained herein shall be termizxated, and the zoning designation reversed, upon an uncured material default of the Owners and/or Developers oz° Owners/Developers' heixs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of Subject Property" of this agreement within two years of the date this Agreement is effective, and after the City has complied with the notice and hearing procedures as outlined in Idaho Code § b7-6509, or any subsequent amendrnents or recodifications thereof. L~.'vFSA,C/P1ViCiV 1 t]VtCCENiCN 1 - Clt E]UFSL t~l~L"'LF°J 1 G1CFiVC ~~ AL°o 1 A) Pi~vE 3 vr" 9 7. D+ ~.A~JI,"IYCON~.1;~" T(1 ®AN1~E `1"ff~~d -~ ~~ "Al:, Off' Z® OI)E~>CGNA ®N® 7.1 Acts of T)efault. 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 Cur°c Pe~aiod. In the event of Owners /Developers' default of this Agreement, Owners/ Developers 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 (1 g0) days; provided, however, that in the cage of any such default that cannot with diligence be cured within such one hundred eighty (1g0) 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 lZemeclies. In the event of default by Owners /Developers that is not cured afl:er notice as described in section 7.2, Owners/Developers 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 Tdaho Code §§ 67-6509 and 67-6511. Owners/Developers 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 Owners/Developers, 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 Belay. In the event the performance of any covenant to be performed hereunder by either Owners /Developers or City is delayed for causes that are beyond the reasonable control of the party responsibly 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 i~aivem. A waiver by City of any default by Owners/Developers 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 ara.d conditions. DEVELOPMSNTAGREEMENT-CITADEL SELF-STORAGE (AZ 12~Q]]) PAGE4 of 9 8. INSPECTI®Ns 4wners/Developexs shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement ox by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements ox portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Propexty. 9. DICFA. Ta 9.1 In the event Owners/Developers, or Owners/Developexs' heirs, successors, assigns, or subsequent owners of the Property or any other pexson 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 Ordi~iance. 9.2 A waiver by City of any default by Owners/Developers of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of City or apply to any subsequent breach of any such or other covenants and conditions. 10. + ~17I + { NT F®I~ + C® ATI®~: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owners/Developers' cost, and submit pxoof of such recording to Owners /Developers, 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. 11. ZO G: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as speoifxed herein. 12. 1ul~I~~a This Agreement shall be enforceable in any court of competent jurisdiction by either City or Owners /Developers, 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. 12.1 Subject to Sections 6 and 7 of this Agreement, in the event of an uncured material breach of this Agreement, the parties agree that City and OwneislDevelopers shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seelcing of auy remedy provided for herein; provided, however, that in DB V~LLVYIYI~L,11T AVl~lii'i1VlGIV I -i~,.A 1 t111CL SBI,t'-STOrcAVE (~ 1G-ol l f ~H.~7B J VF 7 the case of any such default which oannot with diligence be cured within such thirty (30} day period, if the defaulting party sha11 commence to Dore the same within such this°ty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be reasonably necessary to complete the During of the same with diligence and continuity. 12.2 In the event the perfox~nance of any covenant to be performed hereunder by either Owners/Developers or City are delayed for causes which are beyond the xeasonable control of the party responsible for such pei~f`ormance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for• such pexformance shall be extended by the amount of time of such delay. 13. ~ TY~ ®~ PE +® C~: The City may also f'equire surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code §i 1eS~C, to insure that installation of the improvements, which the Owner/Developer agrees to provide, if required by the City. 14. CIIT'II'ICE1'~li; ®I+ ®CCT1I' Ch's The Owners/ Developers agrees that no Certificates of Occupancy will be issued until all irnprovernents are completed, unless the City and Owners/ Developers have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 1S. II3E I3Y AZ<,I, CITY' ® Ih1 CE~t That Owners/Developers agree to abide by all ordinances of the City of Meridian and the Property shall be subject to de® annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. N®~'I So Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when pexsonally delivered or three (3) days after deposit in the United Mates Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY': City Clerk City of Meridian 33 E. Bxoadway Ave. Meridian,lD 83642 with copy to: O~dNER/DEVELOPER B 1, LLC PO Box 1610 Eagle, Idaho 83616 L~ V GLVPlV1GlV 1 AVL~GGIVLGIV 1 - ^ir r~EL ELF-sTORA.GF (~ a4-Ca i j PnvE v OF p City Attorney City of Meridian 33 E. Broadway Avenue Meridian,lD 83642 1.6.1 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. 17. A'I`T® ~ I•'T+;ES: 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 maybe 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. 18. ~`I1VTE IS ®I+ ~' PJ~S~IVCE® The parties hereto acknowledge and agree that time is strictly of the essence with respect fa each and every term, condition and provision liereof, 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. 19. BII~I?TNG UP®N SUCCESS s This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corpozate authorities and their successors in office. 'T`his Agreement shall be binding on the Owners/Developers of the Property, each subsequent owner and any other pexson 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 Owners/Developers, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that OwnerslDevelopershcve fully performed their obligations under this Agreement. 20. IN'SrAM3~ PI2®'ErISi®1~1': Tf 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. 21. I+"IN,~I, AG ~ ~ N~'a This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owners/Developers 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 Owners/ Developesr 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, DEVELQPMENT AGREEMENT ~-CITADEL SELF-STORAGE (AZ 12-011) PAGE 7 OF 9 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be rnodi~ed 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 arnendnnent in force at the tine of the proposed amendment. 22. ~ + + ~'T DA ®F 1A~ + ~Ta 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. ACI EI)(s IN WYTNESS WHEREOF, t12e parties have herein executed this agreement and made it effective as hereinabove provided. ~g LLC By~_ ~_:_- CITE.' ®F MlJ 1)~ ~a,. ~ ~y T~"FS~e ~o44~RATeo AUGUST, r9 c ~~ L~~ ~R~~~ ~ i, __ _- Mayor Tammy de Weerd ~; g p $+® ~ r ..- ~ ~~. ~Aif. A.9 tiW ~yTFR°~fhe TREAS~A~~~ Clerk T.1lE'VELUYlYIBPIT L-iItiKEE1V1C1Y1 -L11AllSL SELF°STL~7, R1iUJC tF1G 1z°U11J xAvB o vF ~ STATE OF IDAHO, ) ss County of Ada } On this ~0 ,day of (i(. , 2013, before me, th undersigned, a Notary Public in and for said State, personally a eared laiown or identified to me to be the person who executed the agreement on be alf of B1, I,LC, and acknowledged to me that he executed the same on behalf of said limited liability corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written, STATE OF IDAHO ) ss County of Ada ) Un this ~ day of ~"e-~`(`~U l>`,~~ 2013, before xrze, a Notary Public, personally appeaz°ed Tarzuny de Weerd and Jaycee L` I~olrrzan, know or identihed to me to be the Mayor and Clerk, z°espeotively, of the City of Meridian, who executed the instrunnent of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Not Public for Idaha 4 E Residing at• M~'1-~~ o~ l (~ ° Corr~mission expires: a ~ 2 DEVELOPMENT AGREEMENT ~- CITADEL SELP°STORA.GE (AZ 12-fl 11) d c'~i~E p OF 1 Exhibit A -Legal Description '. ~°~ ' s~'' ~ ~ ~ y5 ~q~ ~°l1eq~~al~ ea ~ 1 p+ l ` i ,~ t -'*"i, f~k ,I nav •O+W~ M`~~l`'~1 bd~F.d ~ - i ~ - . ' ;~ ~ a la t ~$ ' ~' j / ~pL ~; t': (} ~~~x1 ?.314N1 F• ts>t~,r'} ~a+g ~g 14~ aSR TrY - ~~~t~ ~S(, ktft°[2'@ ~(', ~Illrl!°Li/;~., iii ~'.'~;:ii~ >t _ t ~t I Y / ~ F4M DTI ~V ~F ~ s Y ~ y ~ ~ c, ~7t~t~n L~ ttbR ~-+~~ ' i~~,i'~yvtta ~~ ~tr~ ~t .. an ~a, ~. ~ ~,, ~ i ~.;'>~ ~,, ~l(y vfi ~ ~«~ ~~ , ~G.°~JtSty. Atlas,' l.tP~C~a~iY`.~ .- (~ r -~ < i ~k~dpf~~ ~{ a i,~.~r~s~c~p m N~ Idt14 ~a~ner ~ ~~ n ~ ~ . ti , ~ `. ty ~ Tti~~pr ofckti ~~'~9'+'~" ~~~ ~t~rt~rtlerii wilh trig north one a~ ~t}y1[~ ~t kits ~Ei1~ ar' ` kioa 3~, ~ its ?bt ~t}a~ f Wit, ~ i ~ : , . ' , ~ , . {. '. 'I~G6 S r ~ ~¢`~4° ~!- ~ ~KxIJ~nR Nrikt~ Ui~ sk n ~r ~tigh$®~vv~r au-i~ ~ ~~ sh ei In ~~vt 4~` ~ ~e 4~d Ad~;~au~ky e~~~d~, ~7~ oa task tp ~ irzur~ ~i~° r ric.~p ~~~ q~sr~; ,~ ~ ~ ' ~h~nc~ N~r9~ ~~'~a~'~~`+~14 ~aknd~~r,;k wJi~ t~~ nrirth,tftt~ ~~~ Ftttt~ . ~u~livi~~n, 6;~~."tae4 ~ tc~d ~ rpaa~lp f~l;>y ~ 9 ~fi6 taxi dt~ s$ C a! paid tkt4 a4 the dd~1/4 of ~~ki~rs ; .'; tt~i~ ~ot~}'p"~p~~7°. ~~~~d c!~nonl ~;-~ era wast,~r~ e~ wa tr~~nf tti®rr~~r~ ~r se~ki~n ~b> ~ a~~ of , ., j.. ..- i ~ : ~ t`tl~V9,:.i , t ~ } ~ c!~3 44 ' s' S.~7 a~r~5 more ~e 1 ;,~ "fi~t~`~r ~~ grid ~ti ' kn'cny~a~i~, r~~s~~it~ end r~icii dfr~ r - '~, ,..•: . ~ - - .~ . ~` - ~ ~ , ,? ~?~2t?i~112Q47:~#Ti4~l~L ~T'OfC~Cf~Ei,'T~t= NC~Ftllt~r~ , a ri~it~nslt2b~7.~~l~FtY h~c'3A~„ik~cac ' ' Citadel Self Storage CITY ®~+ + ,.. I+ DIGS CF+ .F+ACT, CfJ1IC]LUSI®IdTS ®I+' LAW #i I)ItiCISIG~t cos ®Rl)I<;R ~ ~ ~~ ~ ~~ Tn fire 1VLattet• of Annexation Approval of 5.47 Acres front IIUT' in Ada County to the C®C Zoning I)isfrictq Conditional Use Pei°mit Approval to Develop a Self Service Storage Facility; Vat•ianco Approval for art JumeY•geney Access to SfJ[ 20/2 Altet•native Compliance Approval to IDeviafe from the P'ariting 5tandarcis in fire Unified Developtnent Code for Citadel Self Set•vice Storage Facility, Located on the Southwest Cotner of E. Citietden Boulevard (SIi 20/26) and INT. Saguaro I'li11s Way, by B1, LI.C. Case AIo(s). AZ-12-O1.I, CUP-12-016, YA~t-12-003 ~ AI,T®12®007 Fot° the City Council Nearing Dafe ofs December 1fi, 2012 (Findings ott Januat°y 2, 2013) A. Findings of Fact 1. Hearing Facts (see attached Staff Repott'for the Bearing date of December 18, 2012, incorporated by reference) 2. Process Facts (see attached Staff Repot•t for the hearing date of December 18, 2012, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 18, 2012, incorporated by reference) 4. Required Findings per the Unified Developtnent Code (see attached Staff Report for the hearing date of December 18, 2012, incorporated by reference} ~. Conclusions of Law 1. The City of Meridian shall exercise fire powers confetTed upon it by the "Local Land Use Planning .Act of 1975," codified at Chapter 65, Title 67, lda3to Code {1:C. §67-6503). 2. The Meridian City Council takes judicial. notice of its Unified Developtxtent Code eoditied at Title 11 Meridian City Code, and all current zoning traps thereof. The City of Meridian has, by ordinance, established thelrrtpacfiArea and the Amended Comprehensive Plan ofthe City of Meridian, which was adopted April 19, 2011, Resolufion No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pm•suant to Meridian City Code § 11-SA. 4. Due considetation has been given to the comtnent(s) received fi•om the governmental subdivisions providing services in the City of Meridian planning jurisdiotion. 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 appt°oval at•e imposed. CITY OF MERILIP.2°7 FINDINGS OF FACT, CONCLUSIONS GF LA`.. A~7T~ DECISION 8t ©ItI?1;R CASE NO(S). AZ•12-011; CUP•-12-01G, VAR~12-003 & ALT-12-007 -1- 6, That rho City lags granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Cleric and then a copy sez~ved by the Clerk upon the applicant, tho Planning Depazttnent, the Public Worlcs Department and arty affected patty requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of December 18, 2012, 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 tlzc City Council's authority as pzrovided in Meridian City Code § 11-SA and based upon the above and foz•egoing Findings of Fact which are herein adopted, it is hereby ordez°ed that: 1. The applicant's request for anzaexation, conditional use permit, variance and alternative compliance is hereby conditionally approved per the conditions of approval in the attached Staff Reportt fox the hearing date of Decembez• 18, 2012, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Two (2) Year Conditional Use Permit Dm-ation Please tape-notice that the conditional use permit, when granted, shall be valid for a maximum period of two (2) years unless otherwise approved by fhe City. During this time, the applicant shall commence the use as permitted in accozd with the conditions of approval, satisfy the. requirements set forth in the conditions of approval, and acquire building permits and commence consfruction of permanent footings or sh•uctures on or in the ground. For conditional-use permits that also requiz•e platting, the ~nai 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 accoz•d with 11-5B-6.G.1, the Director may authorize a single extension. of the time to commence rite use not to exceed one (1) two (2) year period. Additional time extensions up to t<vo (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 usa comply with the current provisions of Meridian City Code Title 11(UDC 11-SB-6F). Notice of Two (2) Year Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexatiozr and/or rezone (UDC 11-5B-3D). A modificatien to the development agreement may be initiated prior fo signature of the agreement by all parties and/or may be zequested to extend the thne allowed for the agreement to be signed azzd returned to the City if filed pzlar• to the ezzd of the two (2) year approval period (UDC 11®5B-3F). E. Notice of Final Action and Right to Regulatozy Takings Analysis 1. The Applicant is hereby notified that pursuant to zdaho Code b7-8003, denial of a development application entitles the Owner to request a regulatory taping analysis. Such request must be in CITX OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-12-011; CUP-12-O1G, VAR-12-003 & ALT-12-007 .2_ writing, and must be ~xled with the City Clerk not moi°e than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulator~r takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please talcs notice drat this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 676521, 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. P. Attached: Staff Report for the hearing date of December 18, 2012 CITY Or ivi~,lcIDIAN FINDINGS vF FACT, CvNCLUSIONS OF LA W AivL DECISION & ORDEP~ CASE NO(S). AZ-12-011; CUP-12-01G, VAR-12-003 & ALT-12-007 -3- r ~ By action of the City Council at its z•egular meeting held on the day of 2013. COUNCIL PRESIDENT BRAD IIOAGLUN COUNCIL VICE PRESIDENT CHARLIE ROUNTREE COUNCIL MEMBER DAVID ~AREMBA COUNCIL, MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) Mayor Tryfy de Weerd Attest; 'VOTED VOTED VOTED VOTIID _ _. VOTED Gp~ • l 3 ~'~ City of ~A aycee H an, City Clerk ~ '°~"° r~~°j~ne r ne~4~y~ Copy served upon Applicant, The Planr~~g~~ ztxnea~t, Public Works Department and City Attorney. ~° Dated:_~~,~~ _.3-~^ ~ i Cl ~• s, is 1~.1T T' O1T' 1'V~1t1'Lll-1'LV t'21`~D7N~lj ~lt' ~Al. 1 ~ l~..V1~l~.LUSIVNS O!' LH. W 1-llVll U.Gl~1J101V QL VtC~JEK CASE NO(S).. AZ-12-011; CUP-12-016, VAR-12-003 & A).,T612d007 -4. EXHIBIT A STAFF REPORT Hearing Date: December 18, 2012 TO: Mayor and City Council ~~` PROM: Bill Parsons, Associate City Planner .l ~~ ~ ~~ _'~ ~~ (208) 884-553.3 SUB7ECT: AZ-12-O1 1, CUl'-12-016, VAR-12-003, ALT-12-007 -Citadel Self-Storage Facility 1. S RY DESC TIOI~ ~F APPLICANT'S RE~IJEST The applicant, B 1, LLC has applied for annexation (AZ) and conditional use permit (CUP) approval foz• a se11F service storage facility consisting of fouz-teen (14) buildzzzgs on approaiznately five (5) acres in a proposed C-C zozYing district. Additionally, the applicant is seeking a vaziance for an emez•gency access to Chinden Boulevard and alternative compliance to deviate fi~om parking standards in the Unified Development Code (UDC). 2. SU1AR~' RECO 1~I9A~'ION Staff recommends approval of the proposed applications with the conditions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit D. The Ii~ee•idian Planning ~i ~onin~ Cozzxxnission heard these items oeY ~ioyeenlzer 1S, 2012. ~.t the p'eblic heae•in~, flee Commission 'voted to recommend approval of the subiect AZ, CUP and WAR e°ecruests. a. Summaz•y of Commission Public Rearing: i. In favor: ,Ion t~lae•dle, II~h and Odessa I~eldez°, l;d Cat°on, Revecea Pescevic, I~aY°en l)eraziaf Paula Wot°lcland and Fred and Linda Sai-z ii. Im ®~wosition: IDauI Stivideclci and Vincent Cosentino iii. Commezetin~:l~lone iv. `6~r°itfezz testimony: clone y. Siaf£pz•esentin~ application: Sonya Wafters vi. ®thee° staff commentinzy on application: None b. I~ev Issne(s) of Aiscnssion by Commission: i. Additional trees along the south botzndaz•y. ii. Clarification on the building nxatee•ials planned faz• the development. iii. The applicant work with staff on refining the design of the facility in accoY°d ~yith the adopted design standards. c. I~ev Commission Chan .e(s) to Staff Recon'azendation: i. Coznznissiorz modified condition of apui•oval .1.2.1 so that it refee•ences the eoz•rect code SCCtion. d. ®utstaztdin~ Yssae(sl for City Council: i. Emee•~encv access to Chinden Boulvard. Staff is recoYnnYendizzzr appz°oval of the vae~iauce request. CoYnnzeezts from IT12 support. the e'nergency access. RefeY•ence the Fiindin~s in F+ xhibit II fog° specific details of flee recommendation fox• approval. ii. A~deguate sound attenuation be4~veezt the proposed facility and residences along the south boundaYV. lee 1VIee•idian City Council heae'd these items on I)eceenber I8, 201.2. At the public hearitezr, the oetncil anneoved the stbiect .4.~, CUP and VAR reauest. Citadel Self Storage Facility-AZ~ 12.011, CUP-12-O16, VAR-12-003 & ALT-12-007 PAGE 1 EXHIBIT A 3. P120POSl;D NfOTIOI^1' Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ-12~- O1 1, CTJP• 12-016, VAR-12-003 and ALT-12-007 (optional) as presented in staff report for the hearing date of December 18, 2012 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-12-011, CUI'-12-016, VAR-12-003 and ALT-12-007 (optional) during the hearing date of December 18, 2012 for the following ieasons: (You should state specific reason(s) for denial.) Continuance I move to continue File Numbers AZ-12-011, CUP-12.016, VAR:12-003 and ALT-12-007 (optional) to the hearing date of (insert conthiued hearing date here) for the following reason(s): (You should state speei~c reason(s) for continuance.} 4. APPI.ICATIO~I A PItOP1JItTY I~ ACTS a. Site Address/Location: The site is located on the southwest corner of Chinden Boulevard and N. Saguaro ~Ii1is 'VVay in the NW t/ of the NE'/d of Section 30, T.4N., R.lE. b. Owner/Applicant; B1, LLC PO Box 1610 Eagle, ID 8361b c. Representative: ron Wardle, Conger Management Group (336-5355) d. Applicant's Request: Please see applicant's narrative for this information. 5. PII;OCICSS FA.CT~ a. The subject application is for annexation, conditional use permit and a variance. A public hearing is required befoY•e the Planning & Zoning Commission -and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. b. Newspaper notifications published on; October 29, and November 12, 2012 (Commission); Citadel Self"StoragcFacility -AZ-12-011, CUR12-016, VAR-12-003 & ALT-12-007 PAGE 2 E~IIIBIT A Novembep• 26, and Decernber 10, 2012 (City Council) e. Radius notices mailed to properties within 300 feet on: October 26, 2012 (Commission}; I~ovembex• 21, 2012 (City Council) d. Applicant posted notice on site by: Novernber S, 2012 (Commission); Jl3eeenaber 3.2012 (City Council G. L USI; a. Existing Land Use(s): The subject site is vacant land; zoned RUT in Ada County. b. Description of Character of Surrounding Area and Adjacent Land Uses and Zoning: There is an existing church to the west and county subdivision to the north. The property to the east is developed with a comrnereial building and single-family r°esidential homes. To the south ar°e single family homes as well. 1. North: Castlebury Subdivision, zoned R 1 (Ada County) 2. East: Ilighto~er Subdivision, zoned C-C and R-1 S 3. South: Hightower Subdivision, zoned R S 4. West: Church, zoned RUT (Ada County) c. History of Pxevious Actions: NA d. Utilities: 1. Public Worlcs: Location of sewer: N Saguaro Hills Ave Location of water: N Saguaro Hills Ave and B Boulder Bar St Issues or concerns: Secondary Water Comrection or looped water system is needed. e. Physical Features: 1. Canals/Ditclres Ixxigation: No major facilities. A small ditch is located along the western boundary which will be tiled with the development of tho property. 2. Hazards: Staff is not aware of any hazards that exist on the property. 3. Flood Plain: NA 4. Topography: NA 7. C® R~HEI~1S ~ PL~I PtiLTCIl;S tYOALS The subject property is designated Mixed Use Community (1VIU-C) on the Comprehensive Plan Future Land Use IVrap. There is a Neighborhood Center (NC} overlay designated on the plan, for the MUeC area. The applicant is proposing a single use for the property; horvever• a mix of uses (residential and commercial) has developed in the area that supports the single use for this property. To the east are developed and undeveloped commercial lots and townhome lots and to the south is developed residential property. The mixed use designation encourages compatibility betweeri all of the uses. Design characteristics, among others, encourage compatible development patterns, character and appearances. Citadel Self Storage Facility - AZ-12-011, CUP-12-016, VAR 12-00.3 & ALT-12-007 PAGES EXHIBIT ~4 The proposed storage facility is an ideal use to buffer the single homes from the Highway 20/26. The proposed use is not typical of an intense comnmercial development which generates large volumes of fraffic. Staff is of the opinion this use could fit into the fabric of the surrounding mixed use coanmunity however several items need to be addressed to ensure the property develops in a fashion consistent with the comprehensive plan. The requested C-C zoning district is an appropriate zone for fhe Mined-use Community designation of the p~°opot•ry. Staff finds the following Comprehensive Plan poLcies to be applicable to this property and apply to the proposed development (staff analysis in italics): ~ Encourage and promote the preservation and expansion of Chinden Boulevard (US 20/26), by ITD (Chapter 3, pg. 48). The applicant has coordinated with 1TD ora the pr•eservatiora of right of way (ROW) along the Claindera corridor. The total ROW needed for this segrraent of corridor is 140 feet. The subr~titted playas depict the 30 feet of additional ROW regarested by XTD which is a r•econrmended DevelopmeratAgreemerat (DA) as requested by ITD. ~ Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.) (Chapter 3, pg. S4). The subjectpropertyabuu Chiradera Boadevarcl ora the north. The UDC requires a rninimtnaa 3.5 foot landscape bt~er• adjacent to dais r°oadway. Said batffer~ nnrst be landscaped ira accord with UDC 11®3B-7 C The submitted landscape depicts a 35 foot wide landscape buffer. The applicant is also proposing to landscape the ITD ROW to provide additional laradscaptrag along Chirulera Boulevard. Tliis requires appr^ovaX fi•ortt ITD and a license agr•eenrent for said inapr•overraents. A 20 footvvide landscape street buffer is r•equir•ed to be constrttctedalongN. Sagtrar•o.~Iills Way. A por°tiora of the site is rant adjacent to the collector street however required landscape baker ea:ists because it ~~as installed with tlae developrnerat of the Hightower Sarbdivisiora. The applicant is responsible, for instullirag said buffer ira accord with tlae standards listed in UDC 11.38.7C along the southeast corner of the property. ® Plan for a variety of eotntnercial and retail opportututies within the Impact .Area (Chapter 3, pg. 5l). This rn'ea of Meridinr? is lacking aself-service storage facility. ® Protect existing residential properties from incompatible land use development on adjacent parcels (Chapter 3; pg. 5.3} .4 G foot vinyl fence exists -along the southern boundary of'tlae proposed development 3~~hich was installed with tlae residential subdivision. The rIDC requires a ~s foot wr•de landscape buffer betiveera C-C zonedproper•ty arad residential uses. The applicant believes a 10 foot wide landscape baker provides enaargh separation behveen the storage facility arad the existrrag laonres given the lotiv impacts associated with this type of use. The applicant lags provided ara exhibit that demonstrates the views of tlae adjacent residences ira relation to the proposed storage facility. Tlae applicant coraterads that the metal structure, although 470 linear feet in length, is under 9 feet and hill be screened adequately Willa landscaping arad the existing 6 foot tall fence, ~1Ztlaough dais is considered a ZoN~ impact corauner°cial use, st~rff is of the opinion additional bt fferirag and a rrrore aesthetic bzrildirrg design is needed to ensure compatibility with the adjacent residential uses. Citadel Seif Storage Facility - AZ-12011, CtJP~~12.O1G, VAR-12003 & AI,T-12-007 PAGE 4 ELI I~13IT ~1 ® Require screening and landscape buffexs on all development requests that are more intense than adjacent residential properties (C'hapter 3, pg. 53). The applicant is i'egzzesting a GC zone with the subject mznexation request. As mentioned above, the UDC requires a 25 foot wide landscape bz ffer• between C-C zoned property arad residential zrses. The speck zrse star7dm^d aXlolt~s this buffer to be r'edueed to 10 feet in width if the building is to serve as the sound attenuation wall. Based orr testivzorzy fr'onz adjacent residents, the operational aspects of the storage units and the additional trees r'econmaerrded for the bz~er, staff'is of'the opinion the 25 foot wide bz ffer° Wray be reduced ® Require neighborhood and community commercial areas to create a site design compatible with surrounding uses (Chapter 3, pg. 52). The City lzas adopted a design rrzanual to address Compatibility bett~~eerr land zrses, The applicant is proposing a corrunercial development adjacent to a residential subdivision. Specifrcally, the applicant is proposing to develop the site rt~ith Thirteen (13) storage building acrd one nice building.' The Meridian Design Manual acrd the UDC emphasizes a mix of materials andvariati-ons irr r°oofplanes alongpztblic spaces arzdptrblic streets, The applicant has dome arr adegzrate job with addressing the street facing elevations. However, along the southern boundarl, the applicant is proposing q70 linear feet of continuous metal str'zrcture that provides no modulation in the wall plane or variation in the rooflirze. Because a portion of this building is visible, fi'ona tl~e adjacent residences, staff is of the opinion the applicant should modulate the rearfacade arrdprovide variation irz the roof plane in accord it~ith the lt'Ieridiarz Design Manual and t11e UDC. Further, the design standaras in the UDC restrict the zise of metal siding as a pr'irrzary building material. The appliearrt needs to provide additional rrraterials on the west facade as tivell. These corzcer°ns can be addressed through Adr~rinistr'ative Design Review if the proposed applications are approved ® Maintauz integrity of neighborhoods to preserve values and ambiance of ar°eas (Chapter 3, pg. 52). If the applicant corrzlilies with the design guidelines ozrtlined in the Meridian Design 1t~Iarzual, UDC design starrdcrrds and speck use starrdar'ds, staff is of the opinion the proposed trse ,shoarldprotect the integrity of the neighborhood. ® Restrict private curb cuts and access points on collectors and arterial stl'eets (Chapter 3, pg. S4) O»e access point has beery provided fi'orn the adjacent collector road (N. ,Saguaro Hills Drive). Because the specifrc use standards require a second access to the storage facility, the applicant has submitted a variance to obtain access fr•onr Chirrderr Boulevard The secondary access point is pr°edicated on approval fr°a»z Council arrd.ITD. Staff is of the opinion that the proposed use is generally consistent with the Comprehensive Plan and is generally compatible with the existing and future surrounding uses based on the analysis above. S. Il(FI)ED 1)~'~~,~2~1l~hIT C®1DE A. Purpose Statement of zone: The purpose of the commercial districts is to provide for• the retail and service needs of the community in accordance with the Meridian comprehensive plan. Six (6) districts are designated which differ in the size and scale of commercial sf[uctures accommodated in the. dish•ict, the scale and mix of allowed commercial uses, and The location of the district in proximity to sheets and highways. Citadel Self Storage Facility-A2.12~ 011, CUP-12-016, VAR-12-00.3 & ALT-12-007 PAGES EXHIBIT A B. Schedule of Use: Unified Developrrient Code (UDC) Table 11-28-2 lists the principal permitted, accessory, conditional, and prohibited uses i_tx the C-C zoning district. The proposed self-service storage facility requires conditional use permit (CUP) approval in the C-C.zoning district. Compliance with the specific use standards listed in UDC 11-4-3-34 for the use is also required. C. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in UDC 11-2B-3 for the GC zoning district. D. Landscaping 1. UAC I k-3B-8C r°egulates the parking lot standards of the development code (see section 9 below for further analysis). 2. UDC 11-3B-9C regulates the landscape buffers adjacent to residential land uses (see section 9 below for further analysis). 3. Width of street buffer(s): 35 feet along Chinden Boulevard; and 20 feet along N. Saguaro Hills Way. E. Off Street Parking: UDC 11-3C-bB requires 1 space for every 500 square feet of gross floox° area; a total of 81,892 square foot of building area is proposed. Based on this amount, k64 parking stalls would he required; tluee (3) are proposed (see section 9 below for further analysis). F. Self-Service Uses: UDC 11~3A-16 lists the specific requirements for self service uses (see section 9 below for further analysis). 9. AIVAI,YS)IS a. Analysis of Facts Leading to Staff Recommendation: AZ: The applicant has applied to annex and zone 5.47 acres of land wifh a C-C zoning dishict. The requested zoning is consistent with the MU-C Land use designation. The legal description submitted with the application (included in Exhibit C) shows the boundaries of the pr°operty pr°oposed to be annexed. ~`~Jk': The UDC defines conditional use permit as a ttse that, owing to some special charactex•istics attendant to its operation or itrstatlation is allowed in the district subject to the approval of the Planning and Zoning Commission. Recognizing that a conditional use is an allowed use, the purpose ofthis conditional use permit is to impose specific use standards required for the proposed development to ensure it is compatible with the surrounding single family residential development. Based on the comprehensive plan analysis in Section 7 and the px'oxixnity of the use in relation to the single homes on the south boundary, Staff is of the opinion that additional landscaping and design modifications are necessary to ensure capability with the . adjacent single family (see analysis below). Building .Elevations: The building elevations submitted with this application-are included as Exhibit A.4. The renderings the applicant submitted with the application demonsh•ate how the site will be viewed fiom the public sheets and the adjacent properties. All sheet facing walls are proposed to be constructed of masonry block. The office building will be•consh•ucted of stucco. The west and south elevations are to be long expansions of metal buildings with no relief kn roof and/or wail planes. Although the UDC design standards only require modulation in the wall planes along public spaces and sheets, other standards restrict the use of metal siding as an accent rnatel•kal and the buildings must vary roof planes. Further, the Meridian Design Manual guidelines encourage articulated building forms to break up blarxlc wall segments,. massing and roofs (Section C. 2.3 Building Form). The applicant is required to comply with the design standards in accord Citadel Self Storage Facility-AZ®12-011, CUP-12-016, VAR-12-003 & ALT-12-007 PAGE 6 EXHIBIT A with UDC 11-3A-19 and demonstrate compliance with the guidelines in the Meridian Design Manual. I)inrensional Standards: There are no setback requirements in the C-C zoning disiz•ict. However, where lanndscape buffers are required, buildings must be setback at least the width of the required buffer. UDC 11--2B-•3 tequites a 35-foot wide buffer along Chinden Boulevard and a 20-foot wide landscape buffer is required adjacent to N. Saguaz°o Hills Way. Said buffers are required to be installed irr accord with UDC 11-3B-7C. The applicant wishes to utilize tl~e watez° wise concepts outlined in UDC l l -3B-S.'Staff is supportive of the concept and supports the request adjacent to Chinden Boulevard and N. Saguaro Hills Way. This request mast be approved duough alternative compliance. Per UDC 11-4-3-34G; a 10-foot wide landscape buffet, instead of the 25-foot normally required, between land uses Wray be allowed adjacent to the residential uses along the south property boundary with construction of a sound attenuation wall. An existing 6•foot fall vinyl fence is consh•ucted along the north boundary of the residential homes that abut this property. The applicant's proposal does not include a sound attenuation wall along the southern boundary. The applicant contends the perimeter building, the existing 6-foot Brice and the proposed 10-foot wide landscape buffer act as adequate sound buffering from the residences. While the UDC does not provide a definition of a sound attention wall, the 10-foot buffer, the 20-foot deep storage units which will be filled with stored materials separates the rear yards of the residences from the internal drive aisles. In addition, the applicant has provided justification of why they believe it is sufficient and has provided letters fiom the majority of the home owners that support the use and the reduced buffer. The applicant has also provided an exhibit that depicts the relationship between the residential use and proposed stoxage facility (see Exhibit A.2). Additionally, the Iandscape buffer adjacent to residential use requires denser landscape buffer to be planted with a mix of plant materials. All of the trees shall result in a barrier that allows the trees to touch at matrnity. The UDC allows for a reduction in the number of trees (1 per 35 linear feet) if a fence or wall is provided, In this case, there is an existing 6-•foot tall fence constructed with the Hightower Subdivision. Said buffer must be constructed in accord with UliC i i-3rs-9C. Staff r°ecommends the applicant provide a denser buffer which includes a tnix of planting materials and trees that touch at maturity. Based on the evidence submitted by the applicant and the written testimony, the applicant may ask for the reduced buffer width. Site Plan: The applicant submitted a CUP application and a site plan, prepared by JDE, dated 10/09/12, labeled as Site Plan 0.0. The site plan depiots 13 new storage unit stt•uctures (labeled A- M), a 610 square .foot office building and associated site improvements on 5 aoi'es of land. The total square footage of the proposed st~•uctur•es is approximately 81,892 square feet, totaling 476 enclosed storage units. Per UDC-1128-2, self-service stoz•age facilities require CUP approval in the proposed C-C zoning district subject to specific use standards, As noted above, staff is recornznending changes to the submitted plans. As mentioned earlier, this property does not front entirely on N. Saguaro Hills Way. With the development of the Hightower Subdivision, a 6-foot vinyl fence and a portion of the requited landscape buffer was constructed. The applicant is proposing a decor°ative block facade along the east side of the rroadway. Since the east facade is more prominent that a 6-foot vinyl fence, staff recommends the applicant coordinate with the Hightower HOA for the removal of the fence.. S®lf Ser°vice ~toragc Facilities: Fer UDC 11-4-3-34, there ar°e Specific Use Standards that apply to the proposed use of the property as follows: Citadel Self Storage Facility--AZ-12-o1 1, CUP-12-016, VAIt-12-003 & ALT-12-007 PAGE 7 E~~XBIT A A. Stot•age units and/or areas shall not be used as dwellings or as a commercial or indushial place of business. The manufacture or sale of azay item by a tenant froze oz• at a self service storage facility is specifically prohibited. The applicant rrrETSt corrrpXy with this t•egttiter~Tent. B. On-site auctions of unclaimed items by the storage facility ownezs shall be allowed as a Temporary use in actor°d with Section 11-3E temporary use requirements ofthis Title. The applicant must corrrply with this regvirerrreTrt. C, Tlie distance between structures shall be a minimum of twenty-five feet (25'). All of the prooposed stoT•age btrildiTrgs rTreet or' exceed the zS foot distance r•equir•errTeT~t. D. The storage facility shall be completely fenced, walled, or enclosed and screened fiom public view. where abutting a residential district oi° public woad, chain-link shall not be allowed as fencing material. The applicant Iras designed tdJe site so the perinreteT' storage buildings screeTr the facility from public vrely Staff believes the applicant cor~rplies with this T•equirenrerat. Fur•ther• design requirenrerrts are reconrnaerrded for the peT°inreteT° bztildiTrgs along the iq~est aTrd south botrndaTy E. If abutting a residential distrtict, the facility hours of public operation shall be limited to 6;00 a.m. to 11:00 p.m. T%PC COI1dIP70)ES Of appYDVar 4VirI Ye(~tllre tliRf the ope7'atiorP Of the storage facility shad/ be di>7titerl to flee afoYehaeattoatetl dYOtEYS. F. No sh•ueture, facility, drive lane, liarlcing area, nor shall loading atea be located adjacent to a residential district without a sound attenuation wall. See analysis above.. ts. If the applicant provides a sattnd attenuation wall, landscaping buffers may be reduced to ten feet (10')• As nreTrtioTred earlier, the per•inteter btrildirrgs tit~ill act as a sound atterruatiorr wall. The applicant has provided s~cieTrt evidence to aslr for the 10 foot landscape buffer. H. If the use is unattended, the standards in accord with Section 11-3A-16 self service uses ofthis Title shall also apply. (See startdcrrds• fYOrti UI~C Il -3A-.16 below). r mt__ r_-'ia... _~__n ~---'- - ---- '- -~----- r--- ----- - ------ -------- .nr-- -----Y'----' r. r.rze -acuzey snazz nave a secozid zineazis oz access ror emeTgeric.y puzpeses. lee upprrcuru is proposing a second naear~s of access froTTT ChiTTdera BotrlevaT•cl• Appr•onaX of the • secoTrdaty access is predicated orr Cotrrrcil gT•antiTrg approval of the variance. J. 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 regnit•ed yards. Stored items shall not block sidewallcs or parking areas and may not impede vehicular or pedestrian h•affic. Outdoor' storage is Trot pT°oposed for this site- The applicant shall comply with this requirenTerrt. All items irrzrst be stored u>ithirT rnT eTTClosed storage unit. K. The site shall not be used as vehicle wrecking or junkyard as herein defined. Tire appliccnt shall comply with this r•egttiret~TeTTt. L. 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. The applicant is T?otproposiTrg to store airy hazardous material oTT the site. The applicant shall comply i~~ith this regEflT'BTJreT1t. Self-Service Uses: The proposed use of the property is for a self service storage facility. UDC 11~3A-16 requites all unattended self-service uses to comply with the following requirements: A. Entrance or view of the self service facility shall be open to the public stt•eet or to adjoining businesses and shall have low-impact security lighting. Citadel Self Storage Facility-AZ-12-011, CUP-12-016, VAR-]2-003 & ALT-12-007 PAGE 3 EXHIBIT A B. Financial transaction areas shall be oriented to and visible from an area that receives a high volume of traffic, such as a collector or arterial street. N/~. 77zis f•egarir•e»:eut is mof•e appropriate fof• banlrs with drive through services. C. Landscape shz°ubbery shall be 1united to no more titan three feet (3') in height between entrances grid financial transaction areas and the public sheet. N/A The applicant shall eonrpl}a ivitli the above t•ec~uis•er~7errts. Access: Access to this site is provided from a collector road along the easterxt property boundary. Development Aiong State highways (UDC 11-3161 ~): The UDC requu•es specific standards for developments along state highways. This property abuts Highway 20/26 and is subject to these regulations. Staff has addressed the pertinent standards as they relate to this project: 1) Access ira~•ianee request: The applicant has submitted a variance for an emergency access to Chinden Boulevard. The UDC zequhes the closure of existing approaches if the use of the property intensifies. Although the applicant is intensifying the use, the previous use was a landscape business that operated with a fitll access to Chinden Boulevard. The applicant's request further restricts access to Chinden Boulevard (see findings in Exhibit D). Because cross access cannot be coordinated at this time with the church to tl;e west and additional access is not provide from the collector street due to conflicts with existing landscaping, drainage and close proximity fo the intersection, the only viable second means of access is from Chinden Boulevard. A baclcage road was provided with the development of the Hightower Subdivision. 1TD has also provided comments ort the application that supports the emergency access to Chinden Boulevard. Since the proposed access to Chinden Boulevard is emergency access only, staff is supportive of the variance (see findings in Exhibit D). 2) The UDC requires the construction of a 10-foot pathway adjacent to highway 20/26. On the submitted plans the applicant has provided the required pathway in accord with the UDC. 3) The UDC also requires the applicant to set aside the necessary right-of-way for° TID. The ITD corridor plan requires-140-$ of right•-of-way, or 70-ft of z°ight-of-way on each side of the centerline. The current highway plans identify only 40-ft of right-of--way abutting the applicant's parcel. ITD requests that the City of Meridian require the dedication of an additiona130-ft of right of way abutting the subject parcel. Landscaping: Staff has reviewed the Iandscape plan (prepared by Breclcon Land Design, dated 10/24/12, labeled as Sheet LI.1, included as Exhibit A.3) submitted with this application. The following items should to be shown on a revised landscape plan submitted with the Certix"rcafe of Zoning Compliance application: ® Construct a 35- foot wide landscape buffer adjacent to Chinden Botrlevat•d in accord with UDC I l-3Be7C or• seek alternative eornpliance to develop- the buffer with the water conserving concepts in accord with UDC 11m3B-.S. ® Construct the 20-foot wide landscape buffer adjacent to N. Saguaro Hills '4Vay in accord with UDC I 1-3B-7C or° seek alternative compliance to develop the buffex with the water conserving concepts in accor°d with UDC I1-3B-5. I'arlting: Per• UDC 11-3C-6B, in commercial districts, one off-street parking space is required. per 500 square feet of gross floor area. Based on the total square footage of structures on the site Citadel Self Storage Facility -AZ•12.011, CUP-12-016,'VAIi-12-003 &ALT-126007 PAGE 9 EXHIBIT A (81,892 s.f.), 164 parking stalls are required; 3 spaces az•e proposed on the submitted site plan. Additionally, per UDC 11-3G6G, one bicycle parking space is zequired to be provided for every 25 vehicle spaces, in compliance with the standards listed in UDC 11-3C-5C. Because this is a unique use that doesn't really fzt with the pazlcing standards contained in the UDC, the applicant has requested alternative compliance in accordance with UDC 11-SB-5. Please see the alternative compliance section below for further analysis. Alternative Compliance: The applicant has requested alternative compliance to deviate from the parking requirements outlined hi the parking analysis above. Currently, the UDC requires rho applicant pzovlde 164 off-street parkizlg spaces. The applicant is requesting that the parking ratio for the proposed development be calculated based on the office squat°e footage (60S square feet), Based on the operational characteristics (law traffic generation and hours of operation) foz• this type of facility and the storage buildings are not ocottpied buildings; Staff believes that three (3) pazlcing spaces is adequate for the facility (see alternative compliance findings in Exhibit D). Cez•tiiicate of honing Compliance (CZC): A CZC application is requued to be submitted, pzior to issuance of building permits, foz any structure proposed with this application. The site and landscape plan submitted with the C2C shall be revised to eoznply with the conditions of approval listed in Exhibit B of this report or as amended by the Commission-and shall be submitted prior to establishment of the rzew use. Design JEleview: The applicant is requited to obtain appzoval of aDesign Review application foz the pzopased structures and site design, This application maybe submitted concurrently with the CZC application. The applicant must cornply with the design standards listed in UDC 11=3A-19 and the guidelines contained in the Meridian Design Manual. Staff recommends appzoval of the proposed AZ, CUP and VAR with the conditions listed in Exhibit B. xo. ~ zx~s A. Drawings 1. Vicinity Map 2. Site Plan 3. Landscape Plan 4. Elevations B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Depar•traent S. Parks Department G. Republic Services 7. Ada County Highway Dzstrict C. Legal Description and Exhibit Ivlap D. Required Findings from Unified Development Code Citadel Self StorageFaeility-AZ-12.Oll; CUP-12-016, VAR-12-003 & ALT=12-007 PAGE 10 E~HIBTT A A. Drawings 1. Vicinity. Map ' tee. ~..z~_. ~,,, , ~, ~~ %/, ~ ~ „ ,~ ~~ RU i ~li~dild ~hj ~~; ~ - ----- y' i i c . 1 ~~ l ', Rz ~~ - ~ G >~~ ~ ~ L1 ~i~~ ~ ~- l1 -. .;:- ~ - - ,~~a~ 5~) C' RUT R-2 - -- j n..~..._ _ ..,®_m., o - ~R[ I LL eg a5 -. -. ~u - T ~I~I - l_I-ESa j ° Citadel Self StorageFaciliry-•AZ-12-011, CUP~12-016, VAR-12-003 & ALT~12-007 PAGE 11 EXHTI3IT A 2. Site Plan } ~ ~_ ~~~ - - ~f~ ~~~ ~, _ _ ~ F ~ .. ~ _ -~. y • ~ y~Yyrp a ~ _ ~ ~ l\ ~~ ~ ` l~ a~a~~g b - 4Gg 4+. v~eg4 ~ - __~. ~ ~ s tl ~~~~ _ i 1' y~e ./. ~:~a Att ^-.-ems sr ~>®~ ~ . i ~ ----- - - - ~_' _ ~ _ „~~, ~,~ ~~ ~ ~ ~ ~ ~l ~ f'%l j ' ccn IldfilA F 1y~s ~~u~ EwH _ 1vi4o ~~1~~~~~ ~ariuscewe eurtert Citadel Self 5torageFacility-AZ~12-Oll, CUP-12-016, 'VAR-12-003 & ALT-12-007 PAGE 12 EXHIBIT A 3. Landscape Plan ~~ ~ _.~_" ~~ = 1i~1_i1'~i'i~'l~!1~ JIII 1~'i~III_~,~ i~I - = 1 ~ .; ~ - f ~ I 1 ~ - ~_ E~ ~~-_ - •. ~- ~-1 E~. D 0 /~ ~~ ~ , , t ,. lf~(T~~I~?Ijr~~ /'Fi 1~f~0 ~~ht~N ~~xsw.~..w~o ~_~ ~ ~, ~«,~«a,a ~n..~ _~ ~~~ #. ~..... = ~~, pmt p~py ®. ~~. C Z• 1 b dJ.! d.A p tJ ~~ e..i ~d Y_.__.___a. MERIAIAN, ID scan: r.3o•-0' frontia ,'h, Citadel Self Storage Facltity -AZ-12.011, CUP~12-O1G, VAR-12-003 &.AX.T-12-007 PAGE 13 EXHIBIT A 4. Elevations Citadel Self Storage Facility -AZ-12-011, CUP-12-016, VAR-12.003 & ALT-12-007 PAGE 14 EX~tBZT .A Citadel Self Storage Facility-AZ-12-011, CUP~12-016, VAIt-12-003 & Al:x-12007 PAGE 15 Exr~rBZT ~ B, Conditions of Approval 1. PLA.IVNTNG DEPAI2TMI;N'7f 1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property.l'rior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. The Applicant shall contact the City Attol•ney's Office to initiate this process. The DA shall be signed by the property owner and returned to the city within two (2) years of the City Council granting annexation. Currently, a fee of $303.00 shall be paid by the applioant to the City Clerk's office prior to commencement of the DA. The DA shall, at minimum, incorporate the following provisions: A. Future development ofthe site shall be consistent with the design standards in UDC 11-3A-19 and the guidelines in the Meridian Design Manual, B. The ITD cozridor plan requires 140-ft of tight-of way, or 70-ft of right-of way on each side of the centerline• The cun•ent highway plans identify only 40-ft ofright-of-way abutting the applicant's parcel. The applicant shall dedicate the additiona1.30-ft of right-of way abutting the subject parcel. C, The applicant shall close the existing full access to Chinden Boulevard and may construct an emergency access to Chinden Boulevard in the general location depicted on the site plan subject to 1TD approval and City Council approval of a variance. D The use ofthi~roper•ty shall be r°estr•icted to the self-service storage facility anvroved by CUP-12-016, unless modified by City Conne.~l at a public hearine,, 1.2 bite Specilac Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the C-C zoning districts listed in UDC Table 11-2-B-3. 1.2.2 The site plan, prepared JDE, dated 10/09/12, is approved, with the conditions listed herein. The applicant shall revise the site plan as follows; Comply with ttie. bicycle panting requirements stated in UDC 11-3C-6G and UDC 11-~ 3C-5C. ® Provide a S-foot wide pedestrian connection from the 5-foot wide perimeter sidewalk along N. Saguaro Hills Way and the proposed. office building. ® The applicant shall coordinate removal of the 6-foot vinyl fence along N. Saguaro Hills Way with the Hightower Homeowner's Association. 1.2.3 The landscape plan, prepared by Breclcon Land Design, dated 10/24/12, shall be revised as follows; ® Construct a 35-foot wide landscape buffer, adjacent to Chinden Boulevard or seek alternative compliance to develop the buffer with the water conserving concepts in accord with UDC 11-38-5. Construct a portion of the 20-foot wide landscape btif~'er adjacent to N. Saguaro Hills Way in accord with UDC 11-3B-7C or seek alternative compliance to develop the buffer with the water conserving concepts in accord with UDC 11-.38-5. ® Conshuct a 10-foot wide landscape buffer adjacent to the south boundary in accord with UDC 11®313-9C. At a minimum, the required buffer area shall result in a barr~ior that Citadel Self Storage Facility- AZ-12-011, CUP-12-01G, vATZn12.003 & ALT-12-007 PAGE 16 EXIIISIT A. allows the trees to touch at the time of maturity and include a mix. of shrubs, lawn or other vegetative ground cover. 1.2.4 Development of the site shall comply with the specific use standards listed in UDC 11-4-3-34 "Storage Facility, Self Service;" and the standards for unattended self-sewice uses listed in UDC 11~3A-16. 1.2.5 The perimeter metal buildings along the south and west boundary are not approved and must comply with the design sfandards in accord with the UDC and the Meridian Design Manual. The north and east perimeter buildings and the office building shall generally comply with the elevations shown in Exhibit A,4. 1.2.6 The applicant shall submit a Certificate of Zoning Compliance application with revised plans that comply with the conditions of approval listed het•ein, prior to establishment of the new use. 1.2.7 AlI required improvements must be complete priox to obtaining a Cer•tiftcate of Occupancy. for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City hi the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, -landscaping, and irrigation). A bid' must accompany any request for temporary occupancy. 1.2.8 Provide fetnporaty fencing around the pet•irneter of the building sites to contain debris during construction and shall be installed around the site prior to release of building permits. 1.2.9 Provide a pressurized iri°igation system consistent with the standards as sot forth in UDC 11-3A- 1S, UDC 11-3B-G and MCC 9-L-28. 1.2.10 The applicant shall comply with the outdoor lighting standards shown in UDC l l-3A-11. Low impact security lighting shall be provided on the site in accord with UDC 11-3A-11 and the standards listed in l l -3A-16A. 1.2.11 Per UDC 11-SB-SB2, the Direotor (at the applicant's request) approved the altertlative compliance regarding the parking standards set forth in UDC 11-3C-6B. 1.2.12 Staff's failure to cite specific ordinance provisions does not relieve the applicant of responsibility for compliance: 1.2.13 The applicant shall have a tnaximmn of two (2) years to eomtnence the use as permitted in accord with the conditions of approval listed above. if the rrse has not begun within two (2) Srears of approval, a time extension may be requested in accord with UDC 11~SB-6F prior to expirafiion. If a time extension is not requested or granted and the CUP expires, a new conditional use permit must be obtained. 1.2.14 Comply with the provisions for irrigation ditches, laterals, canals andlor drainage courses, as set forth in UDC 11e:3Ap6. 1.2.15 Construct amulti-use pathway consistent with UDC 11-3fI-4C~4. The applicant shall have an ongoing obligation to maintain all pathways. 1.2.16 Install all utilities consistenrt with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.2.1'7 Pt•ior to Certificate of Occupancy, a public pedestrian casement for the multi-use pathway along Chinden Boulevard shall be submitted to the Planning Division of the Community Development Department, approved by the City Council and recorded. 1.2.18 The facility shall operate between the bouts of 6;00 a.m. to 11:00 p,m. 2. Pi.)1BLIC ~®RTCS DEPARTIi~IEI~I'I` 2.1 Sanitaty sewer service to this development is being proposed via extension of mains that are Citadel Self Storage Facility ~- AZ-12-011, CUP-12-016, VAR 12-003 & ALT-12-00'7 PAGE 17 EXHIBIT A constructed in N Saguaro Hills Ave. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less Phan three feet Phan alternate materials shall be used irz conformance of City of Meridian Public Worlcs Departments Standard Speeifieatioirs. 2.2 Water service to this site shall be via extension ofmains in N Saguaro Hills Ave and E Boulder Bar St; coordinate main size and routing with Public Works. 2.3 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by ayear-round source ofwater (UDC l 1-3A-6). The applicant should be tequized to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. 2.5 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, and the road base approved, prior to applying for building permits. 2.G All development improvements, including but not limited to sewer, water, fencing, micro •paths, pressurized urigation and landscaping shall be installed and approved prior to obtaining certificates of occztpancy. 2.7 Applicant shall be required to pay Public Worlcs development plan. review, and construction inspection fees, as determined during the plan review process, prioz• to issuance of building permits. 2.8 Compaction test results shall be submitted to the Meridian Building Department for° all building pads receiving engineered backtill, where footing would sit atop fill material. 3. il+t~ ~EPA)itTMENT 3.1 Finai Approval of the fire hydrant locations shall be by the Meridian 1~'ire Department. a. Fire Hydrants shall have the 4'/z" outlet face the main sheet or parking lot aisle. b. The Fire hydrant shall not face a sheet which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any veztieal obshtlctions to outlets within 10': f. Fire 11yc#rants shall be place 18" above finish grade. g. Fue hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for ail uew consh•tiction or additions to existing buildings within -1,000 feet of the project. 3.2 Any roadway greater° than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved ttdrn around on streets greater than 150' in length with zao outlet. 3..3 All common driveways shall be str°aight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide and support an imposed weight of 75,000 GV W. 3.4 Operational fire hydrants, temporary or permanent sheet signs, and access roads with an all weather surface ar•e requn•ed to be installed before combustible const°uction maternal is brought onto the site, as set forth in International Fire Code Section (lFC) 501.4 and Meridian amendment to IFC 10-4-2J. 3.5 Acceptance of the water supply for fn•e protection will be by the Meridian Fire .Department and water quality by the Meridian Water Depaztment for bacteiYa testing. Citadel Self Storage Facility-AZ-12-011, Ct7P-1?.-016, VAR-12-00.3 & ALT-12-007 PAGE 18 EXHIBIT A 3.6 All entrances, internal roads, drive aisles, and alleys shah have a turning radius of 28' inside and 48' outside, per International F$e Code Section 503.2.4. 3.7 All aspects of the building systems (including exiting systems), pzbcesses & stoz•age practices shall be required to comply with the International Fite Code. No hazardous materials are allowed to be stored on the site. 3.8 Where a porrion of the facility or building hereafte-• conshucted or moved into or within the jurisdiction is more than 400 feet {122 tn) from a hydrant on a fire apparatus access z•oad, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided.where required by the code official, For buildings equipped thoughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requitement shall be 600 feet (183). a. For Group R 3 and Group IJ occupancies, the distance requirement shall be 600 feet (183 zn): b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.9 All electric gates at•e required to be 20' in width and equipped with a Krzoxbox key switch as set forth in International Fite Code Section 503.6. & National Fire Protection Standard 1141, Section 5.3.17..3: .3.10 This project will be required to pzovide a 20' wide swing or tolling emergency access gate as set forth in International Fire Code Sections 503.5 and 503.6. The gate shall be equipped with a I~ttoxbox padlock which has to be ordered tluu the Meridian-Fire Department; All gates at the enhance to fire lanes shall be located a minimum of 30 feet fiom the roadway and shall open awry from the roadway, unless other provisions are made for safe personnel operations as set forth in National Fire Protection Standard 1141, Section 5.3.17. 3.11 Pz•ivate Alleys and Fire Lanes shall have a 20' wide improved suz~ace capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D SectionD10.3.6 Signs. .3.12 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 3U4.1.2. 3.13 Fire lanes, streets, and structures (including the canopy height of mature pees) shall have a ver•Eical clearance of 13'6 as set forth in International Fire Cade Section 50.3.2.1. 3.14 Provide a Knox box entry system for the complex prior to occupat7cy as set forth in International Fiue Code Section 506. .3.15 C®Nl1V1~12CIAi4 Alm YJST I, -Buildings or facilities having a gross building area of more fhan 62,000 square feet (5760 m2) shall be provided with two separate and approved fire apparatus access roads separated by one half of the maximum overall diagonal dimension of the property or area to be served, measured iii a straight Line between accesses as set forth in International Fire Cade Appendix D104.2. a. ~xceptlotx: Projects havuzg a gross building area of tip to 124,000 square feet (11520 m2} that have a single approved fire apps-'atus access road and all buildings are equipped throughout with approved automatic sprinkler systems. (Remoteness Required) 3.16 All hydrants constructed within the interior of the facility shall be p-•otected by bollards. 4. Poz,><C~ 1!~EPAI2TMElVT Citadel Self Storage Facility -AZ~ 12 ~ 011, CUP-12-016, VAR-12-003 & ALT 12-007 PAGE 19 EXHIB>:T A 4.1 The Police Department has no concerns related to the site design submitted with this application. 5. PARIS DEPAR'rML1VT 5,1 Construct amulti-use pathway consistent with standards in UDC I I-3~-4C. 6. REPUBLIC SER'VICEs 6.I The applicant shall submit a scaled site plan stamped approved by Republic Services verifying compliance with Republic Service's requirements with the CZC application. 7. AbA CoU1v7cY z~I~IIwAy ])ISTRIC9C 7.1 Trr response to your request for comment, the Ada County k~[ighway District (ACRD) staff has reviewed the submitted application and site plan for the item referenced above. It has been determined that ACi-TD has no site-speei~c conditions of approval for this application; however, the applicant shall be requn•ed Yo submit plans for impact fee review and assessment. 7.2 The applicant shall be required to meet all ofthe ACRD Standard Conditions ofApproval as well as all ACUD Policies and requirements that may apply as noted below. Citadel Self Storage Facility--AZ-12-011, CUP-12-016, VAR-12-003 & ALT~t2-007 PAGE 20 EXHIBIT A C, Legal Desclipticn and Exhibit Map . ~~ , '~~ ~ i~+Ae~OU~ji 1~.rri~ ;at-~ryeytrt~, Ll®G_ . `1t.~f U a~ 1+. t~~~i} ?~i,;71?„%,l l f?') t' (d~~?} d rte ~I t Lti ''`' -'M~)-~, p+,'. t/~~Yl;Y it•, 1'.in;n+:t:t, :Y,%;};.4i~; ~' , ~ `~ _ • . prtrat70r t3, 2Q12 . Arinextatidn t.¢~al perscri~iivcs . ,', 1j;~~lcnf Af ~c~ssi~ Ic+rcittrti ftttiY~ t`~S~d~/~ of ttYr~ N~1~~ crr a~cNckn £til, 7", d N., F~ 9 ~ ,13 M., ~Ity cYf Merir~iasi, ftcia i.`~QUr;ty. Irl~ihcy;,s}yt,tia:p~'rR?t;ul~+rl+(~1s~atiiit~rd ras talib~~ .. t3r~f~9tilfVtN~-itt ~ I«iiriiJ,krrtxss%~ip -1t~tt;~n0 ttr~ ~! ttA cDenet cr a~cticsY ;ln; , Tli~!Y{~: ~uu~f3 ~~J'~~'~l~' ~aa-,t, VsSir;cis~erit tarilh ttr~ norkh ifn~ of saki IdV~'ttd of thy: N~1t~ bf SE3Cf'tgrl 3t1; ~ distance . ~+f 6U56d dept;, - ' tpanz;o finut~'Q~'~4' ~~r~st s~stsiw3tf~nt Stith tl~~~xaci lwt:i~ci;.zey flf Ilfgft(urver Subdivi~ian a~'iitiawn gt~fi(~ in ,. .. , Hr~a'~,~~7' dY ~'~3~ta; ~ss% 1?'~~9 '!2~'9~1, >~i~1~ C;nur5ly R+3cgrds, R72.~0 fact to a faslntl `318° [~~~r/dap P~ ~ 1157~a; ,, ,. ' ~ trerr'gs`Djgrist ~~ ~3~'6Q° -Nes( ccincir~~'stl with tfi~ ngrftr tlna or aaic# t•tightowtrt SUbcliVi9lgn. 6f13.F3l3`f~ut to a rtsuntl ,f~!'b,° rtu'i?~t7`r~~f ~?iR~ ~~1f+fa ~]ii~t}t~s +rv~sf link r3rr~tsiti f•!~'J1%1 a}f tha Nf'114 of uatiorti moo, ' + `('lrasGd Norlit~p°34 ~7~ 1=,a,~, t r~incirl~nl avitl3 ~tt[ca var•st Una ar tits NWt/~ cf lh(~ N~11d oP ~ct~ttt}n 3~; r~ dlstan~a~ of ff€~~.p~ tit i~ ih~ ~,p~~a~ ~r~ ~~Rt~~~~l~~. . ~ Tii~ lifiliv~.;c(~~~113~ p~ra~i C!,rntdn~'~,dG? acres mee~ oe lcas.. • 1 ~ tit~e~tijpr uS~t(ts~~,nd 5lsbjo4t t~q<;ovr:rtasi(s, ~~sernps7ts and restrfcriolYS ~f reward. . '~ . y ~ /!.~ ~"' . ~,. ~. ~ ~ ~~~ ~ ` ~2tr. ~.ntd fJ~i~ hp q ~ • ~~r~+, - ^e=. :- _ `_i~C'i,)1,`~,11,?.~~7°GITAT~f~~:.~'f`(yfiAGG1r,;i'~/j~C;L,`i'tJPf)-~NtS~tYtE~rawinp~iDcscriptinn~t1Z047~Nt7RY . t.FC~A~.,tf~~:: ~ ' ~' °.#'^1'' ~ R Citadel Self Storage Paciliry-AZ-12-011, CUP-12016, VAR-12-003 & ALT-12-007 PAGE 20 EXHIBIT ~ Citadel Self Storage Tacility-AZ~12.O1 I, CUP~12.016, VAR• 12-003 & ALT~12.007 PAGE 21 EXHIBIT A D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation f-°orn the Commission, the Council shall ~-alce a k'uIl investigation and sI-all, at the public I-cax°ing, review the application. Zn oz•dex• to grant an annexation and/or rezone, tI-e Council shall make the following finc;iingst a. The map amendment complies witia the applicable px•ovisions of the Comprehensive Plan; The Council finds the proposed rezone to C-C is consistent with the proposed MCT-C futuz•e land use designation. b. The map atnendarxent complies with the -°egulations outlined for the proposed district, specifically the purpose statement; The Council finds that the proposed map amendment to C-C zonizzg district is consistent with the purpose statement of the commezcial districts. c. The map amendment shall not be materially detx~mental to the public health, safety, and ~vclfaz°e; The Council fnzds that the proposed zoning amendment will not be deft°imental to the public health, safety, or welfare if the applicant complies with conditions outlined in this report. Howevex•, the Commission recommends that the Council consider any oral oi• written testimony that may be pzovided when determining this finding. d. The map amendment shall rzot zesult in an advex°se impact .upon tl-e delivery of services by any political subdivision pa•ovidit-g public services .within the City including, but axot limited to, school districts; and,- The Council finds that the proposed zoning amendment will not result in any adverse impact upozx the delivery of services by any political subdivision providing services to this site. e. The annexation is in the hest of interest of the City (C1DC 11®SB-3.E). The Council finds the proposed annexation of this site is in the best interest of the City based on the information contained in the staff report. Conditional Use Permit Findings: The Commission and Council shall x•evierv the particular facts and cix°cuumstanees o#' each proposed conditional rase ix- terms of the following, and may approve a conditional use permit if they shall end evidence pr•eserrted at the heax°ing(s) is adequate to establish: a. That the site is large eazough to accommodate tlxe proposed use and meet all the dimensional and developrrrent regulations in tlxe district in xvhich the use is located, The Council fords that if the site is designed according to the conditions of approval in Exhibit B, the site will be large enough to aceornrnodate the proposed use and meet the dimensional and development regulations of the C-C zoning district and self service storage facility specific use standards if the submitted plans ace amended in accord with the conditions of approval in Exhibit B of the staff report. b. That the proposed tree will be laaranoniorts with the liileridiaar Comprehensive Plarr ar-d in accox°d °cvith tI-e requirements of this Title. Citadel Self Storage Facility -AZ-12-011,CUP-I2-O1G, VAR-12-003 & AL'1=12•-007 PAGE 22 Exx1B1T a The Council finds that the proposed self service storage facility in the proposed C-C zone meets the objectives of the Comprehensive Plan. .c. That the design, consfruction, operation axxd maintenance will be compatible with other uses in the general neighborhood end with the existing oli• intended character of the general vicinity and that such use will not adversely change the essential character of the same areas The Council finds that the proposed self-service storage facility is compatible with other uses in the general area and will not adversely change the character of the area if the applicant provides additional landscaping and design modifrcations as conditioned in Exhitait B of the staff report. d. Tlrat the proposed use, if' it complies with all conditions of the approoval imposed, will not adversely affect other' property in the vicinity. ..The Council finds that the proposed development should not adversely affect other property in the vicinity if the applicant complies with all conditions of approval listed in Exhibit B of this staff report and constructs alI improvements and operates the use in accordance with the UDC standards. e. That the proposed use will be served adequately by essential public facilities and services such as Ttighrvays, streets, schools, parks, police and frre protectioaA, drainage structux•es, refuse disposal, water°, and sewver. The Council finds that saritary sewer, domestic water and irrigation can be made available to the subject property. Please refer to comments prepared by the Public ~`Jorlcs Department, Fire Department and other agencies. f. That the proposed use will not create excessive addifionaI costs for public facilities and services and will not be detrimental to the ecorrotnie welfare of the community. The Council fords that the applicant will pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs are expected fr•orn the City. The applicant and/or future property owners will be requited to pay highway impact fees. g> That the proposed use •tvili xtot involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, proper°ty ox• the general `velfare by a•eason of excessive production of traffic, noise, smoke, fumes, glare or odors. The Council finds that the proposed development will not involve uses that will create nuisances that would be dehirnental to the general welfare of the surz'ounding area. The Council r•ecog-iizes the fact that traffic and noise witI irrcrease with the approval of this development; however, the Council does not believe that the amount generated will be detrimental to the general welfare of the public. h. That rho propased use will not result in the destructaon, loss or darn~ago of a natural, scenic or historic feature considered to be of major importance. The Council finds that the proposed development will not result itr the destruction, loss or damage of any natural feature(s) of major irnpoxtance. The Commission xecomrnends that the Council reference any public testimony that may be presented to determine whether Citadel Sel# StoiageFacility -AZ-12.Oll, CUP-12-016, VAR~12-003 & ALT,12-007 PAGE 23 EXHIBIT A or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which the Commission and staff are unaware, 3 • Variance Findings: ~'he City Couzzcil shall apply the standards listed in Idaho Code 67-6510 and all the findings listed in Section 11-513®4:1<; of the UDC to revie`v the variance >iegztest. In order to grant a variance, fbe Council shall nzal~e the foltotiving findizrgst A. 'I.'he variance shall not grazzt a tight oz• special privilege that is not othez•wise allowed izz the district: Council finds granting the emergency access to Chinden Boulevard as proposed by the applicant does not grant a special privilege as other pr•oper°ties along Chinden-Boulevard. The previous use of the site was a nursery and had full access to Chinden Boulevard. The proposed access will only be utilized as an emergency access thus restricting access fi•orn Chinden Boulevard. The main access to the proposal facility will be from N° Saguaro Hills Way, a collector street. B. T'he variance relieves an undue hardship because of characteristics of the site; Council finds granting the approval of the variance relieves an undue hardship based on the following factors: 1) only one curb cut exist fiotn N. Saguaro Hills Way° An existing landscape buffer, subsurface drainage area and close proximity to the intersection preclude a second access from said street; 2) because this needs to be a secured facility and screened from abutting properties, Dross access to the church property along the west botmdaty is not feasible; 3) existing residences abut the south boundary and additional street connections have not been provided to the property and; 4) the specific use standards require that a second means of access for emergency purposes be provided, C. The vat.lance shall not be detrimental to the public health; safety, and welfare. Council finds granting the emergency access to Chinden Boulevard would not be detrimental to the public health, safety and welfare of the community because the proposed access will only be used if deemed necessary by emergency personrzel.lT'D and the Fire Department have indicated they support the emergency access point. 4. Alternative Compliance Findings: Itz order to grazzt approval foz° alternative compliance, the drrectoz• shall detez•znine the following findings: 1. Strict adlzez°ence or applicatioxz of the z•egrzirements is not feasible; 4It Staff finds that shict adherence to the parking standards is not feasible given the operational characteristics of this type of use. 2. Tire altezzzative coznpliazzce provides an equal oz° supez•ioz° means foz° meetizrg the requirements; and Staff finds the alternative compliance does provide an equal means for meeting the City's parking standards. The parking ratio for the facility is based on the size of the proposed Citadel Self'Storage Facility-AZ-I2-011, CllP-I2-016, VAR-12-003 & ALT-12-007 PAGE 24 EXHIBIT A office building based on the operational characteristics of the storage facility use. 'fhns the director finds three (.3} parking stalls is adequate to serve the site, 3. The alternative means will not be materially cleta•imeutal to the public ~velfatc or impair the intended uses and charactet° of the surrounding properties. Staff finds fihat the proposed alternative will not be detrimental to the public welfare or impair the use/character of the surounding properties. Citadel Self Stozage Facility- AZ-12-O1 1, CUP-12•-016, VAR-12.003 & ALT•-12.007 PAGE 25