Creamline Park h-2018-0051 RZ, CPAMCITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2018-0051 - 1 -
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER
In the Matter of the Request for an Amendment to the Comprehensive Plan Future Land Use Map
to Change the Land Use Designation on 8.06 Acres of Land from Mixed Use – Community to
Industrial; and, Rezone of 8.74 Acres of Land from the C-G to the I-L Zoning District, by Volante
Investments, LLLP.
Case No(s). H-2018-0051
For the City Council Hearing Date of: August 21, 2018 (Findings on August 28, 2018)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of August 21, 2018, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of August 21, 2018, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of August 21,
2018, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of August 21, 2018, 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.
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2018-0051 - 2 -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of August 21, 2018, incorporated by reference. The conditions are concluded to be
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 an amendment to the Future Land Use Map in the Comprehensive
Plan and Rezone is hereby approved per the conditions of approval in the Staff Report for the
hearing date of August 21, 2018, 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 August 21, 2018
Meridian City Council Meeting Agenda August 28, 2018 – Page 26 of 244
By action of the City Council at its regular meeting held on the day of a ,
2018.
COUNCIL PRESIDENT JOE BORTON
COUNCIL VICE PRESIDENT LUKE CAVENER
COUNCIL MEMBER ANNE LITTLE ROBERTS
COUNCIL. MEMBER TY PALMER
COUNCIL MEMBER TREG BERNT
COUNCIL MEMBER GENESIS MILAM
MAYOR TAMMY de WEERD
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Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
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City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2018-0051 - 3 -
Creamline Park – CPAM, RZ (H-2018-0051) PAGE 1
STAFF REPORT
HEARING DATE: August 21, 2018
TO: Mayor & City Council
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.
The Meridian Planning & Zoning Commission heard these items on July 12, 2018. At the public
hearing, the Commission moved to recommend approval of the subject CPAM and RZ
requests.
a. Summary of Commission Public Hearing:
i. In favor: Brad Miller, Van Auker Properties (Applicant)
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: Brad Miller, Van Auker Properties
v. Staff presenting application: Sonya Allen
vi. Other staff commenting on application: None
b. Key issue(s) of Public Testimony:
i. None
c. Key Issues of Discussion by Commission:
i. None
d. Commission Change(s) to Staff Recommendation:
i. None
e. Outstanding Issue(s) for City Council:
i. None
The Meridian City Council heard these items on August 21, 2018. At the public hearing, the
Council approved the subject CPAM and RZ requests.
a. Summary of City Council Public Hearing:
i. In favor: Ron Van Auker Jr.
ii. In opposition: Steve Berardinelli; Nick Eller
iii. Commenting: None
iv. Written testimony: None
v. Staff presenting application: Sonya Allen
EXHIBIT A
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Creamline Park – CPAM, RZ (H-2018-0051) PAGE 2
vi. Other staff commenting on application: None
b. Key issue(s) of Public Testimony:
i. Objection to Industrial designation/zoning/uses across the street from single-family
residential uses.
c. Key Issues of Discussion by Council:
i. The appropriateness of Industrial uses along the frontage of W. Franklin Rd. and
adjacent to residential uses across the street on the south side of W. Franklin Rd.
d. Key Council Changes to Staff/Commission Recommendation
i. None
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number H-2018-
0051 as presented for the hearing date of August 21, 2018, with the following modifications: (Add
any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0051,
as presented in the staff report for the hearing date of August 21, 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
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.
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Creamline Park – CPAM, RZ (H-2018-0051) PAGE 3
B. Newspaper notifications published on: June 22, 2018 (Commission); August 3, 2018 (City
Council)
C. Radius notices mailed to properties within 300 feet on: June 15, 2018 (Commission); July 26,
2018 (City Council)
D. Applicant posted notice on site by: June 28, 2018 (Commission); August 8, 2018 (City Council)
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.
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:
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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.
“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
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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.
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:
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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
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Exhibit A.1: Vicinity/Zoning Map
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Exhibit A.2: Existing & Proposed Future Land Use Map
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Exhibit A.3: Legal Description & Exhibit Map of Rezone Area
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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.
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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.
The City Council 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.
The City Council 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.
The City Council 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.
The City Council 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.
The City Council 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.
The City Council 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.
The City Council 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, the
Commission 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.
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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. The City Council 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;
The City Council 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;
The City Council 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.
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,
The City 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, not annexation.
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