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PZ - Staff Report Creamline Park – CPAM, RZ (H-2018-0051) PAGE 1 STAFF REPORT HEARING DATE: July 12, 2018 TO: Planning and Zoning Commission FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Creamline Park – CPAM, RZ (H-2018-0051) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Volante Investments, LLLP, has applied for an amendment to the Comprehensive Plan Future Land Use Map (CPAM) to change the land use designation on 8.06 acres of land from Mixed Use - Community to Industrial; and, rezone (RZ) of 8.74 acres of land from the C-G to the I-L zoning district. See Section VII, VIII & IX for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed CPAM and RZ applications with the conditions of approval in Exhibit B based on the Findings of Fact and Conclusions of Law in Exhibit C. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to recommend approval of File Number H-2018-0051 as presented for the hearing date of July 12, 2018, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to recommend denial of File Number H-2018-0051, as presented in the staff report for the hearing date of July 12, 2018, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2018-0051 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located at 1480 and 1220 W. Franklin Rd. and 71 and 48 N.W. 13th Pl. (Lots 1, 2, 9 and 10, Block 1, Creamline Park Subdivision), in the SW ¼ of Section 12, Township 3 North, Range 1 West. B. Applicant: Volante Investments, LLLP 3084 E. Lanark St. Meridian, ID 83642 Creamline Park – CPAM, RZ (H-2018-0051) PAGE 2 C. Owner: Same as Applicant D. Agent/Contact: Kent Brown, Kent Brown Planning Services 3161 E. Springwood Dr. Meridian, ID 83642 E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject applications are for a comprehensive plan map amendment and rezone. A public hearing is required before the Planning and Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: June 22, 2018 C. Radius notices mailed to properties within 300 feet on: June 15, 2018 D. Applicant posted notice on site by: June 28, 2018 VI. LAND USE A. Existing Land Use(s): The property is currently undeveloped commercial property, zoned C-G. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North & East: Industrial property, zoned I-L South: W. Franklin Rd. and single-family residential properties, zoned R-4 West: Vacant/undeveloped property, zoned C-C C. History of Previous Actions: This property was annexed in 2006 (AZ-06-048) and included in Creamline Park Subdivision as Lots 1, 2, 9 and 10, Block 1 (PP-06-050, FP-07-006). A development agreement was recorded as a provision of annexation (Inst. #107022431). D. Utilities: 1. Location of sewer: The subject site is currently serviceable via existing mainlines that were installed in the public right of ways in and adjacent to the subject parcels. 2. Location of water: The subject site is currently serviceable via existing mainlines that were installed in the public right of ways in and adjacent to the subject parcels. 3. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: The Eight Mile Lateral runs along the north boundary of this site. 2. Hazards: Staff is unaware of any hazards that exist on this site. 3. Flood Plain: This site does not lie within the Meridian Floodplain Overlay District. Creamline Park – CPAM, RZ (H-2018-0051) PAGE 3 VII. COMPREHENSIVE PLAN ANALYSIS CITY OF MERIDIAN COMPREHENSIVE PLAN POLICIES AND GOALS: Existing: This property is designated on the Comprehensive Plan Future Land Use Map (FLUM) as Mixed Use – Community (MU-C). The purpose of the MU-C designation is to allocate areas where community- serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses, including residential, and to avoid mainly single-use and strip commercial type buildings. Non-residential buildings in these areas have a tendency to be larger than in Mixed Use – Neighborhood areas, but not as large as in Mixed Use – Regional areas. Goods and services in these areas tend to be of the variety that people will mainly travel by car to, but also walk or bike to (up to 3 or 4 miles). Employment opportunities for those living in and around the neighborhood are encouraged. Developments are encouraged to be designed according to the conceptual MU-C plan depicted in Figure 3-3 in the Comprehensive Plan (pg. 28). Proposed: The applicant proposes to change the FLUM designation from MU-C to Industrial. The Industrial designation allows a range of industrial uses to support industrial and commercial activities and to develop areas with sufficient urban services. Light industrial uses may include warehouse, storage units, light manufacturing, and incidental retail and office uses. Heavy industrial uses may include processing, manufacturing, warehouses, storage units, and industrial support activities. In all cases, screening, landscaping, and adequate access should be provided. Analysis: When this property (zoned C-G) along with the property to the north (zoned I-L) was annexed, the industrial and commercial districts and anticipated future uses were deemed to be consistent with the MU-C FLUM designation in effect at that time. At that time, no specific zoning districts were identified for the MU-C designation. Transitional uses and flexibility were encouraged and a variety of commercial and residential uses was desired. The I-L and C-G districts were deemed to be appropriate in the MU-C designation as was the concept plan, which depicted a variety of industrial and commercial buildings. Since that time, the MU-C designation in the Comprehensive Plan has been amended and the I-L and C-G zoning districts are not included as appropriate zoning districts, nor are industrial uses. With the proposed rezone of this site from C-G to I-L, it will remove the variety of uses intended to develop within the overall annexation area. For these reasons, Staff recommended the applicant amend the FLUM to change the land use designation to Industrial to support the requested I-L district. The applicant plans to develop the subject lots with industrial flex space type uses, which will be compatible with existing industrial properties to the north and east. Much of the area south of the railroad tracks from Ten Mile Rd. to the City’s east boundary just west of Cloverdale Rd. consists of industrial uses. Staff finds the proposed industrial use of this site is consistent with adjacent uses and appropriate for this area. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics):  “Encourage industrial development to locate adjacent to existing industrial uses.” (3.06.01C) There are existing industrial developed properties to the north and east of this site. Creamline Park – CPAM, RZ (H-2018-0051) PAGE 4  “Locate industrial and commercial uses where adequate water supply and water pressure are available for fire protection.” (3.04.02A) There is adequate water supply and pressure available to this site for fire protection.  “Require all commercial and industrial businesses to install and maintain landscaping.” (2.01.03B) Upon development of the subject lots, landscaping will be required to be installed and maintained in accord with UDC standards. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone(s): The purpose of the I-L District is to provide for convenient employment centers of light manufacturing, research and development, warehousing, and distributing. In accord with the Meridian Comprehensive Plan, the I-L District is intended to encourage the development of industrial uses that are clean, quiet and free of hazardous or objectionable elements and that are operated, entirely, or almost entirely, within enclosed structures. Accessibility to transportation systems is a requirement of this district. B. Schedule of Use: Table 11-2C-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the I-L zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. C. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in UDC 11-2B-3 for the I-L zoning district. D. Landscaping: Landscaping is required to be provided with development in accord with the standards listed in UDC 11-3B. E. Off-Street Parking: Off-street parking is required in accord with UDC 11-3C-6B for the proposed industrial lots. F. Structure and Site Design Standards: Development of this site must comply with the design standards listed in UDC 11-3A-19 and the Architectural Standards Manual (ASM). IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: COMPREHENSIVE PLAN MAP AMENDMENT (CPAM): The applicant proposes to amend the future land use map (FLUM) contained in the Comprehensive Plan to change the land use designation on approximately 8.06 acres of land from the Mixed Use - Community to the Industrial designation as shown in Exhibit A.2. The Comprehensive Plan Map Amendment is desired so the applicant can develop industrial, rather than commercial, uses on the subject property. Much of the area between Ten Mile Rd. and the City’s east boundary just west of Cloverdale Rd., south of the railway corridor consists of industrial uses with some commercial uses fronting on Franklin Rd. The applicant’s request for an amendment to the FLUM is based on the adjacent industrial zoning/uses to the north and east, and the shortage of light industrial property in the City. See analysis above in Section VIII for more information. REZONE (RZ): A rezone of 8.74 acres of land from the C-G to the I-L zoning district is proposed consistent with the proposed FLUM designation of Industrial. Creamline Park – CPAM, RZ (H-2018-0051) PAGE 5 The legal description submitted with the application, included in Exhibit A.3, shows the boundaries of the property proposed to be rezoned. Although no development is proposed at this time, the applicant plans to develop the site with warehouse and/or flex space type uses which are listed as a principal permitted use in the I-L district per UDC Table 11-2C-2 and are subject to specific use standards as follows: Flex space: A. Office and/or retail showroom areas shall comprise a minimum of thirty percent (30%) of the structure and/or tenant space. B. Light industry and warehousing shall not comprise more than seventy percent (70%) of the tenant space. C. In the C-C, C-G and M-E Districts, roll-up doors shall not be visible from a public street. This standard is not applicable in the proposed I-L district. D. Except in the I-L and I-H Districts, loading docks are prohibited. E. Retail use shall not exceed twenty five percent (25%) of leasable area in any tenant space. Warehouse: A. Accessory uses allowed: Office not to exceed twenty five percent (25%) and retail sales not to exceed ten percent (10%) of the total enclosed area of the use. B. Outside activity areas shall be located a minimum of three hundred feet (300') from any property line adjoining a residence or a residential district. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) Future development of the subject property is required to comply with the above standards. There is an existing development agreement (DA) for this site that governs future development (Inst. 107022431). Because the property is zoned C-G and was previously planned to develop with commercial uses, the DA needs to be amended consistent with the proposed zoning and industrial use of the property. A DA modification application should be submitted by the Applicant to be heard by City Council concurrent with the rezone request. As part of the DA modification application, staff will determine which DA provisions need to be modified and/or removed and include any new ones that may be necessary to ensure the project is compatible with adjacent land uses. Staff recommends approval of the subject applications with the comments listed in Exhibit B per the Findings in Exhibit C. X. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Existing & Proposed Future Land Use Map 3. Legal Description & Exhibit Map of Rezone Area B. Agency Comments C. Required Findings from Unified Development Code Creamline Park – CPAM, RZ (H-2018-0051) PAGE 6 Exhibit A.1: Vicinity/Zoning Map Creamline Park – CPAM, RZ (H-2018-0051) PAGE 7 Exhibit A.2: Existing & Proposed Future Land Use Map Creamline Park – CPAM, RZ (H-2018-0051) PAGE 8 Exhibit A.3: Legal Description & Exhibit Map of Rezone Area Creamline Park – CPAM, RZ (H-2018-0051) PAGE 9 Creamline Park – CPAM, RZ (H-2018-0051) PAGE 10 B. Agency Comments 1. PLANNING DIVISION 1.1. A modification to the existing development agreement (Inst. 107022431) is required consistent with the proposed rezone. Rezone of the subject property is contingent upon City Council approving a modification to the development agreement. 2. PUBLIC WORKS DEPARTMENT 2.1 A street light plan will need to be included in any final plat and/or building permit application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272 3. FIRE DEPARTMENT 3.1 The Fire Department has no comment on this application. 4. POLICE DEPARTMENT 4.1 The Police Department has no comment on this application. 5. PARKS DEPARTMENT 5.1 The Park’s Department has no comment on this application. 6. ADA COUNTY HIGHWAY DISTRICT A staff report has not been received from ACHD on this application. Creamline Park – CPAM, RZ (H-2018-0051) PAGE 11 C. Required Findings from Unified Development Code 1. COMPREHENSIVE PLAN AMENDMENT FINDINGS: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an amendment to the Comprehensive Plan, the Council shall make the following findings: a. The proposed amendment is consistent with the other elements of the Comprehensive Plan. Staff finds that the proposed changes to the Future Land Use Map are consistent with elements of the Comprehensive Plan as detailed in Section VII above. b. The proposed amendment provides an improved guide to future growth and development of the city. Staff finds that the proposal to modify the Future Land Use Map to allow for industrial uses on this site will be compatible with existing industrial uses in this area. c. The proposed amendment is internally consistent with the Goals, Objectives and Policies of the Comprehensive Plan. Staff finds that the proposed amendment is internally consistent with the Goals, Objectives, and Policies of the Comprehensive Plan (see Section VII for detailed analysis). d. The proposed amendment is consistent with the Unified Development Code. Staff finds that the proposed amendment is consistent with the Unified Development Code. e. The amendment will be compatible with existing and planned surrounding land uses. Staff finds the proposed amendment will be compatible with adjacent existing and future industrial and commercial uses. f. The proposed amendment will not burden existing and planned service capabilities. Staff finds that the proposed amendment will not burden existing and planned service capabilities in this area of the city. Sewer and water services exist to these lots. g. The proposed map amendment (as applicable) provides a logical juxtaposition of uses that allows sufficient area to mitigate any anticipated impact associated with the development of the area. Staff finds the proposed industrial use of this property is consistent with the proposed map amendment, will not significantly impact development in this area and provides a logical juxtaposition of uses. h. The proposed amendment is in the best interest of the City of Meridian. For the reasons stated in Sections VII and VIII and the subject findings above, Staff finds that the proposed amendment is in the best interest of the City if the applicant amends the existing development agreement to allow for the proposed zoning and future industrial use of the property. Creamline Park – CPAM, RZ (H-2018-0051) PAGE 12 3. REZONE FINDINGS: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant a rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant is proposing to rezone the subject 8.74 acre property with an I-L zoning district to develop flex space/warehouse types uses. Staff finds that the proposed map amendment complies with the provisions of the Comprehensive Plan and should be compatible with adjacent industrial and commercial uses (see section VII above for more information). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Staff finds that the proposed map amendment to the I-L zoning district is consistent with the purpose statement for the Light Industrial district as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Staff finds that the proposed zoning map amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. Staff recommends that the Commission and Council consider any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Staff finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). This finding is not applicable as the request is for a rezone, not annexation.