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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)