Permitting the non-permitted

Cheney finds itself in a bind after entering into a lease agreement that included a possible self-storage facility in its business park

 

Last updated 3/19/2021 at 3:14pm

Walter Willand / Cheney Free Press

The proposed location of a 340-unit total self-service storage facility in the city's Industrial and Commerce Park is shown on the map above.

Managing EditorCHENEY - A development deal leasing land to a local group of investors in the Industrial and Commerce Park has seemingly run slightly afoul of the city's zoning codes - leaving officials in a quandary on how to proceed with the agreement.

In an information item at the City Council's March 9 meeting, Cheney Mayor Chris Grover brought up the business park in connection with a self-storage facility being proposed for about 6.3 acres of land located between Willow and Spring streets along Fred Johns Way. The facility, which would include 284 covered self-storage units and 56 covered RV/boat storage spaces, is proposed by MVP Property, LLC, which entered into an agreement with the city through council approval of a resolution at their Aug. 13, 2019 meeting to lease 11 of 16 properties owned by the city in the park with the option to also purchase that land.

At the time of the agreement, two uses for the land was discussed: a professional development/business incubator facility and a self-service storage complex. The problem however, then as now, is that self-service storage facilities are not permitted uses in business parks under the city's land use codes - prompting a question by at least one council member.

"If this was one of his original proposals, and yet it's not allowed in our current zoning, how valid was the proposal?" Councilwoman Teresa Overhauser asked.

One of the partners in MPV Property, LLC is JC Steel Targets owner Jake Vibbert, who also serves on Cheney's Planning Commission. JC Steel Targets has built a new facility in the business park.

"I have to admit, Teresa, when I sat down (to negotiate with MVP Property) it was exciting to have somebody interested in the park and actually sit down to put pen and paper to lease that land and I guess I can claim ignorance," Grover said of the deal. "I didn't realize that was a limitation in our business park."

The city essentially has two options to address the situation. Public Works Director Todd Ableman said council can ask the Planning Commission to look at amending the business park zoning requirements to allow for self-storage facilities, implementing design standards that would require them to look more like other businesses in the park as well as limiting such facilities to a percentage of park space.

"If it's going to be self-storage it has to at least look and feel like the business park as it is completely built out," Ableman said.

At least one council member wasn't too keen on this approach.

"The purpose of the business park is to bring businesses there for jobs and that type of usage," Councilman Dan Hilton said. "I don't see what a storage unit would do for that. It doesn't create jobs for the community. I think I have a tough time with that."

Hilton added he doesn't have a problem with storage facilities in general. Ableman said such facilities are permissible in commercial and light industrial zones, and the city has a suitable amount of land in those areas.

He and City Administrator Mark Schuller said the city has been contacted by developers about the possibility of building more storage facilities than the four already located in Cheney.

The other possibility is the city and developer could agree to establish an overlay zone specific to the parcels in the business park proposed for the storage facility. City attorney Stanley Schwartz said a development agreement would be conditional to that specific use, put limitations on it and allow the city to control how much of the park is used for storage in the future, if any.

"You can create a number of conditions that, you know, may be narrow enough that you're not going to simply proliferate simple storage on business park property," Schwartz said. "But if it's like an accessory use, or otherwise conditioned in a development agreement, I think it's a much different use as what you might presently find exists in the industrial zone areas."

Council took no action on the issue, and Schuller said in an email that staff would prepare some additional information and bring it forward again, possibly at the March 23 meeting.

John McCallum can be reached at jmac@cheneyfreepress.com.

Author Bio

John McCallum, Retired editor

John McCallum is an award-winning journalist who retired from Cheney Free Press after more than 20 years. He received 10 Washington Newspaper Publisher Association awards for journalism and photography, including first place awards for Best Investigative, Best News and back-to-back awards in Best Breaking News categories.

 

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