Meridian council approves no-build covenant to aid storage developer, city staff says risks limited

The Meridian City Council on Sept. 23 approved a no-build covenant between the City of Meridian and PS Mountain West LLC covering a 25-foot-wide, roughly 1,200-foot-long access strip that provides the city access to a 40‑acre parcel north of the wastewater treatment plant.

City public-works staff presented the covenant as a way to allow a nearby storage-facility developer to build contiguous buildings without meeting costly fire‑protection requirements tied to a zero setback on its property line. “The design that they want to use creates a 0 setback on their northern property line, which is our southern boundary of our road. Because of that, the fire code requirements are higher … It's much more expensive to build those added fire protections in the buildings,” Public Works staff member Warren Stewart said.

Stewart told council the department reviewed the request and did not identify operational impediments: utilities could still be placed in the strip and the city would retain access. He noted a potential long-term effect: the covenant would become an encumbrance on part of the 40‑acre parcel, which could make that narrow strip less desirable for future sale or redevelopment.

Councilmembers pressed staff on risks and scope. Councilman Capra asked whether the covenant would affect wastewater operations; Stewart replied it would not, while noting the encumbrance could reduce future sale value. Councilwoman Roberts confirmed the access strip serves only city property.

Council members and staff said the request originated with the developer and that staff recommended approval as a neighborly accommodation. Councilman McKeever moved approval of the agreement and to authorize the mayor to sign; a second was made and the council voted in favor. The motion carried and the mayor was authorized to sign the covenant.

The covenant does not require the city to vacate or abandon the access strip, and staff said the city retains the ability to use the strip for access and utilities. Stewart also cautioned that, while staff saw no immediate operational impacts, the covenant would be an encumbrance on the property and could affect its attractiveness if the city later sought to sell that portion of the parcel.

Next steps: council authorized the mayor to sign the agreement; Stewart and department staff will finalize the covenant paperwork and proceed with execution.

(Meeting item began during the council’s work session and concluded with a formal motion and vote.)