Gensco H-2017-0098 FindingsCITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2017-0098 - 1 -
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER
In the Matter of the Request for Rezone of 4.5 acres of land from the C-G to the I-L zoning district,
by Kobe, LLC.
Case No(s). H-2017-0098
For the City Council Hearing Date of: October 17, 2017 (Findings on November 8, 2017)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of October 17, 2017, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of October 17, 2017, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of October 17,
2017, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of October 17, 2017, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use
Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the
Community Development Department, the Public Works Department and any affected party
requesting notice.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of October 17, 2017, incorporated by reference. The conditions are concluded to be
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2017-0098 - 2 -
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant’s request for rezone is hereby approved per the Staff Report for the hearing date
of October 17, 2017, attached as Exhibit A.
D. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, 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.
E. Attached: Staff Report for the hearing date of October 17, 2017
By action of the City Council at its regular meeting held on the day of
2017.
COUNCIL PRESIDENT KEITH BIRD VOTED Jct
COUNCIL VICE PRESIDENT JOE BORTON VOTED M
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED /0,
COUNCIL MEMBER TY PALMER VOTED Y4
COUNCIL MEMBER LUKE CAVENER VOTED
COUNCIL MEMBER GENESIS MI.LAM VOTED IC4
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
Mayor. Tamne^eerd
Attest:
C.Jay Mes
City Clerk
Cily of
w
E IDIANt.-
IDAHO
SEAL ')
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By: r Dated:
Cit lerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). 1-12017-0098 - 3 -
Exhibit A
Gensco – RZ H-2017-0098 PAGE 1
STAFF REPORT Hearing Date: October 17, 2017
TO: Mayor and City Council
FROM: Josh Beach, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: Gensco – RZ (H-2017-0098)
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, Kobe LLC, has submitted an application for a rezone (RZ) of 4.5 acres of a total 8.38
acre parcel from the C-G to the I-L zoning district.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed RZ application in accord with the Findings of Fact and
Conclusions of Law in Exhibit C.
The Meridian Planning & Zoning Commission heard these items on September 7, 2017. At the
public hearing the Commission moved to recommend approval of the subject RZ request.
a. Summary of Commission Public Hearing:
i. In favor: Kevin Schalk (Applicant’s representative)
ii. In opposition: None
iii. Commenting: Kevin Schalk
iv. Written testimony: None
v. Staff presenting application: Caleb Hood
vi. Other staff commenting on application: None
b. Key issue(s) of Public Testimony:
i. None
c. Key Issues of Discussion by Commission:
i. Concerns about the pressure in the irrigation lines, who is responsible for the irrigation,
and what has been done to address the issue.
ii. Is gravel an appropriate material for the proposed pathway.
d. Commission Change(s) to Staff Recommendation:
i. Modify condition 1.1.1B to read as follows: “Direct vehicle access shall be limited to
Lanark and Nola, unless ACHD and the City Council grant access to North Locust
Grove Road and East Franklin Road in the future.”
e. Outstanding Issue(s) for City Council:
i. The applicant is requesting access to both Locust Grove Road and Franklin.
The Meridian City Council heard this item on October 17, 2017. At the public hearing, the
Council approved the subject RZ request.
a. Summary of City Council Public Hearing:
i. In favor: Doug Tamura (applicant)
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
v. Staff presenting application: Josh Beach
Exhibit A
Gensco – RZ H-2017-0098 PAGE 2
vi. Other staff commenting on application: None
b. Key issue(s) of Public Testimony:
i. None
c. Key Issues of Discussion by Council:
i. None
di. Key Council Changes to Staff/Commission Recommendation
i. None
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to recommend approval to the City
Council of File Number H-2017-0098, as presented in the staff report for the hearing date of
September 7, 2017, with the following modifications: (Add any proposed modifications).
Denial
After considering all staff, applicant and public testimony, I move to recommend denial to the City
Council of File Number H-2017-0098, as presented during the hearing on September 7, 2017, for the
following reasons: (You should state specific reasons for denial)
Continuance
I move to continue File Number H-2017-0098 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 site is located at the northeast corner of N. Locust Grove Road and E. Franklin Road, in the
SW ¼ of Section 8, Township 3 North, Range 1 East. (Parcel No.: S1108336020)
B. Owner/Applicant/Representative:
Kobe, LLC
732 Santa Paula Place
Boise, ID 83712
C. Applicant's Statement/Justification: Please see applicant’s narrative for this information.
V. PROCESS FACTS
A. The subject application is for a rezone. A public hearing is required before the Planning & Zoning
Commission and City Council on this matter, consistent with Meridian City Code Title 11,
Chapter 5.
B. Newspaper notifications published on: September 18, 2017 (Commission); September 29, 2017
(Council)
C. Radius notices mailed to properties within 300 feet on: August 9 and 10, 2017 (Commission);
September 8, 2017 (Council)
D. Applicant posted notice on site(s) on: August 20, 2017 (Commission); October 3, 2017 (Council)
VI. LAND USE
A. Existing Land Use(s) and Zoning: The site is currently vacant and is currently zoned C-G.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
Exhibit A
Gensco – RZ H-2017-0098 PAGE 3
1. North: Industrial use, zoned I-L
2. East: Single-family residential, zoned RUT; Industrial Use, zoned I-L; Commercial Auto
Repair, zoned C-G
3. South: Single-family residential, zoned RUT; Multi-family residential, zoned R-15
4. West: Vacant property, zoned C-G and I-L
C. History of Previous Actions: This property was annexed in 1996 as ordinance #748.
D. Utilities:
1. Location of sewer: The subject site is currently being served with sanitary sewer from the
City of Meridian.
2. Location of water: The subject site is currently being served with water from the City of
Meridian.
3. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: There are no waterways that cross 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.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
The subject property is designated “Commercial” on the Comprehensive Plan Future Land Use Map.
Per the Comprehensive Plan (page 105), commercial designated areas, “will provide a full range of
commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service
and office uses, multi-family residential, as well as appropriate public uses such as government
offices. Within this land use category, specific zones may be created to focus commercial activities
unique to their locations. These zones may include neighborhood commercial uses focusing on
specialized service for residential areas adjacent to that zone.”
Although this property has a Commercial designation within the Comprehensive Plan Future Land
Use Map, land use designations do not follow parcel/property lines; there are properties directly to the
north, east and west that are designated Industrial. In this situation, staff is recommending to “float”
the adjacent Industrial designation to a portion (4.5 acres) of the subject property as well.
Staff finds that the proposal to rezone a portion of this property to I-L is consistent with the desired
land uses in the comprehensive plan for several reasons. These reasons include the adjacent users to
the north and east are either existing industrial users, or are designated as such. To ensure compliance
with the plan staff is recommending that the property owner enter into a development agreement that
will further define the uses allowed on the property as well as access points, and subdivision.
Policies: Staff finds the following Comprehensive Plan policies to be applicable to this application
and apply to the proposed use of this property (staff analysis in italics):
VIII. UNIFIED DEVELOPMENT CODE (UDC)
A. Purpose Statement of Zone: Per UDC 11-2C-1, 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
Exhibit A
Gensco – RZ H-2017-0098 PAGE 4
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: Unified Development Code (UDC) 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. Flex Space developments are listed as
a principal permitted use in the I-L zoning district.
C. Dimensional Standards: Development of the site should be consistent with the dimensional
standards listed in UDC11-2C-3 for the I-L zoning district.
D. Landscaping: Street buffer landscaping is required in the I-L zoning district in accord with UDC
11-2C-3.
E. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for flex-
space developments.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
Rezone
The applicant has applied for a rezone of 4.5 acres of land from the C-G to the I-L zoning district.
As discussed above in Section VII, the proposed zoning is consistent with the policies in the
Comprehensive Plan.
The proposed concept plan depicts a 50,000 s.f. building with a potential future expansion of
20,000 s.f. Staff does not typically support split-zoned properties. However, subsequent to
applying for the subject rezone, the applicant has submitted a preliminary/final plat application to
create a three lot subdivision out of the existing parcel. The northern lot is proposed for I-L
zoning, while the southern two lots will remain zoned C-G. The three uses will be required to
obtain separate land use approvals prior to construction and operation. In general, staff is
supportive of the proposed concept plan.
The site currently has one vehicular access to both N. Locust Grove Road and E. Franklin Road.
UDC 11-3A-3 requires the applicant to utilize local streets where available. In this case the
applicant is required to utilize access from E. Lanark Street and N. Nola Road (both local streets).
Staff recommends approval of a single shared access as well as one shared access from E.
Franklin Road. Madden subdivision is currently being processed by staff and is scheduled to be
heard by the Planning and Zoning Commission on September 21st. In order to utilize access
from N. Locust Grove Road and E. Franklin Road, the applicant will need to obtain
approval from both ACHD and City Council.
Under the existing zoning (C-G), the proposed wholesale sales and warehouse uses are not
allowed. Although the applicant has submitted a viable concept plan, the only development
currently shown on the conceptual site plan is the wholesale sales and warehouse building located
on Lot 1; specific development plans are not proposed for Lots 2 and 3, Block 1.
In order to ensure that the property develops as recommended by staff, staff is recommending that
the property be subject to a development agreement. Staff’s recommended DA provisions are
provided in Exhibit B. The City may require a development agreement (DA) in conjunction with
a rezone pursuant to Idaho Code section 67-6511A.
Exhibit A
Gensco – RZ H-2017-0098 PAGE 5
In summary, Staff recommends approval of the proposed rezone request for a portion of the overall site in
accord with the findings contained in Exhibit D.
X. EXHIBITS
A. Vicinity/Zoning Map
B. Legal Description & Exhibit Map for Rezone Boundary
C. Development Agreement Provisions
D. Required Findings from Unified Development Code
E. Conceptual Elevations (Not Approved)
EXHIBIT A: VICINITY/ZONING MAP
Exhibit A
- 2 -
EXHIBIT B - LEGAL DESCRIPTION & EXHIBIT MAP FOR REZONE BOUNDARY
Exhibit A
- 3 -
Exhibit A
- 4 -
Exhibit A
- 5 -
EXHIBIT C: DEVELOPMENT AGREEMENT PROVISIONS
1.1 Site Specific Provisions
1.1.1 A Development Agreement (DA) is required as a provision of rezone of this property. Prior to the
rezone ordinance approval, a DA shall be entered into between the City of Meridian, the property
owner(s) at the time of rezone ordinance adoption, and the developer. A final plat application
shall not be submitted until the DA is approved and recorded by the City.
Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to
commencement of the DA. The DA shall be signed by the property owner and returned to the
City within six (6) months of the City Council granting the rezone. The DA shall, at minimum,
incorporate the following provisions:
a. Future development of the northern portion of this site shall substantially comply with the
conceptual elevations included in Exhibit E and the conditions contained herein.
b. Direct vehicular access to N. Locust Grove limited to one shared access from E. Franklin
and one shared access from N. Locust Grove. The applicant shall receive approval from
both ACHD and City Council in order to utilize these access points. Direct vehicle
access shall be limited to Lanark and Nola, unless ACHD and the City Council
grant access to North Locust Grove Road and East Franklin Road in the future.
c. The subject property shall be subdivided prior to issuance of any Certificate of Zoning
Compliance application OR the entire property shall be included with the Certificate of
Zoning Compliance application.
d. Future development shall comply with the design standards listed in UDC 11-3A-19 and
the City of Meridian Architectural Design Manual. Windows are required on all
elevations that face the open play area, the basketball court and any other areas used for
children’s recreation to allow views of these areas. All roof and wall mounted
mechanical, electrical, communications, and service equipment should be screened from
public view from the adjacent streets and properties.
Exhibit A
- 6 -
EXHIBIT D: REQUIRED FINDINGS FROM UNIFIED DEVELOPMENT CODE
1. 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 an annexation, 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 property from C-G to the I-L zoning district.
This property is currently designated Commercial on the Future Land Use Map. However, the
adjacent properties are designated Industrial and the Comprehensive Plan is not parcel
specific. An interpretation that the northern portion of the subject parcel may be industrial is
appropriate in this situation. Council finds the amendment is consistent with the applicable
provisions of the Comprehensive Plan (see section VII above).
b. The map amendment complies with the regulations outlined for the proposed
district, specifically the purpose statement;
Council finds that the proposed map amendment to the I-L zoning district is consistent with
the purpose statement for the traditional neighborhood districts as detailed in Section VIII
above.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
Council finds that the proposed zoning map amendment will not be detrimental to the public
health, safety, or welfare. City utilities already exist to this site. Council considers 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,
Council 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.
Exhibit A
- 7 -
EXHIBIT E: CONCEPTUAL ELEVATIONS (NOT APPROVED)