Creamline Park H-2019-0060 AZCITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2019-0060 - 1 -
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER
In the Matter of the Request for a Modification to the
Existing Development Agreement (Inst. #107022431) for Creamline Park Consistent with the
Previously Approved Rezone of the Property from the C-G to the I-L Zoning District and Future
Industrial Use of the Property, by Volante Investments, LLLP.
Case No(s). H-2019-0060
For the City Council Hearing Date of: June 4, 2019 (Findings on June 18, 2019)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of June 4, 2019, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of June 4, 2019, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of June 4, 2019,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of June 4, 2019, 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.
Meridian City Council Meeting Agenda June 18, 2019 – Page 74 of 186
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2019-0060 - 2 -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of June 4, 2019, 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 a modification to the Development Agreement (Inst. #107022431)
is hereby approved per the conditions of approval in the Staff Report for the hearing date of
June 4, 2019, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-6511A. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
A development agreement may be modified by the city or an affected party of the development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved, said development agreement shall be signed by the
property owner(s) and returned to the city within six (6) months of the city council granting the
modification.
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the city if filed prior to the end of the six (6) month approval
period.
E. 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.
F. Attached: Staff Report for the hearing date of June 4, 2019
Meridian City Council Meeting Agenda June 18, 2019 – Page 75 of 186
By action of the City Council at its regular meeting held on the
2019.
COUNCIL PRESIDENT JOE BORTON
COUNCIL VICE PRESIDENT LUKE CAVENER
COUNCIL MEMBER ANNE LITTLE ROBERTS
COUNCIL MEMBER TY PALMER
COUNCIL MEMBER TREG BERNT
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VOTED
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VOTED
COUNCIL MEMBER GENESIS MILAM VOTED QZ X,
MAYOR TAMMY de WEERD VOTED
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Mayor Tammy cfe Weerd
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Copy served upon Applicant, Community Development Department, Public Works Department and City
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2019-0060 - 3 -
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EXHIBIT A
Page 1
HEARING
DATE:
6/4/2019
TO: Mayor & City Council
FROM: Sonya Allen, Associate Planner
208-884-5533
SUBJECT: H-2019-0060
Creamline Park
LOCATION: 48 & 71 N.W. 13th Pl. and
1220 & 1480 W. Franklin Rd.
(SW ¼ of Section 12, T.3N., R.1W.)
I. PROJECT DESCRIPTION
Request for a modification to the existing Development Agreement (Inst. #107022431) consistent
with the previously approved rezone of the property from C-G to I-L and future industrial use of the
property.
II. APPLICANT INFORMATION
A. Applicant:
Volante Investments, LLLP – 3084 E. Lanark St., Meridian, ID 83642
B. Owner:
Same as Applicant
C. Representative:
Ron Van Auker Jr., Volante Investments, LLLP – 3084 E. Lanark St., Meridian, ID 83642
III. NOTICING
City Council
Posting Date
Legal notice published in
newspaper 5/17/2019
Radius notice mailed to
properties within 300 feet 5/8/2019
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
Meridian City Council Meeting Agenda June 18, 2019 – Page 77 of 186
Page 2
Public hearing notice sign posted 5/22/2019
IV. STAFF ANALYSIS
A rezone from the C-G to the I-L zoning district was recently approved for the lots in Creamline Park
Subdivision that front on W. Franklin Rd. (i.e. Lots 1 & 2 and 9 & 10, Block 1) contingent upon City
Council approval of a modification to the Development Agreement (DA).
The current DA allows for a mix of industrial and commercial uses as allowed in the associated C-G
and I-L zoning districts per UDC Tables 11-2B-2 and 11-2C-2, except for industrial zoned lots that
abut residential properties to the west (i.e. Lots 3-5, Block 1). On those lots, a vehicle impound yard,
solid waste transfer station, recycling center and major vehicle repair are prohibited; and trash
compactors are not allowed to face the western property line.
No development is proposed at this time; however, the Applicant plans to develop the lots that front
on W. Franklin Rd. with warehouse and/or flex space type uses which are listed as a principle
permitted use in the I-L zoning district. Only one (1) of the lots to the north (i.e. Lot 5, Block 1) is
vacant/undeveloped.
The existing DA requires the design and architecture of any future buildings on the site to be
generally consistent with 10 photographs submitted by the Applicant; Staff is unable to locate these
photos and they are not included in the DA. At the time this property was annexed and the DA was
recorded, the City did not have any design review standards. Since that time, the Architectural
Standards Manual has been adopted to ensure quality of development. For this reason, Staff
recommends a new provision is added to the DA that requires all future structures to comply with the
design standards listed in the Architectural Standards Manual. Staff further recommends Lots 3-8,
Block 1 comply with the non-residential industrial standards; and Lots 1-2 and 9-10, Block 1 that
front on W. Franklin Rd. comply with the non-residential commercial standards since those structures
will be highly visible from an arterial street; and structures on Lots 1-2 and 9-10, Block 1 should not
have loading docks or roll-up doors visible from a public street.
V. DECISION
A. Staff:
Staff recommends approval of the proposed MDA per the provisions in Section VI.
B. The Meridian City Council heard this item on June 4, 2019. At the public hearing, the Council
moved to approve the subject MDA request.
1. Summary of the City Council public hearing:
a. In favor: Ron Van Auker Jr.
b. In opposition: None
c. Commenting: None
d. Written testimony: Ron Van Auker Jr.
e. Staff presenting application: Sonya Allen
f. Other Staff commenting on application: None
2. Key issue(s) of public testimony:
a. None
3. Key issue(s) of discussion by City Council:
a. None
4. City Council change(s) to Commission recommendation:
a. None
Meridian City Council Meeting Agenda June 18, 2019 – Page 78 of 186
Page 3
VI. EXHIBITS
A. Development Agreement Provisions
Note: The existing provisions are noted in normal text; Staff’s recommended additional/revised
provisions are noted in underline/strike-out format; Staff’s comments are noted in italic text.
USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses allowed under
City’s Unified Development Code codified as Meridian City Code Section 11-2B-
2 and 11-2C-2, as follows:
Construction and development of four commercial ten (10) industrial lots on 8.74
31.04 acres in the proposed C-G I-L zone and 6 industrial lots on 24.01 acres in
the proposed I-L zone pertinent to this AZ-06-014 and H-2018-0051 applications.
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
CONDITIONS COVERING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the following
special conditions:
1. That all future uses shall not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to any persons,
property or the general welfare by reason of excessive production of traffic,
noise, smoke, fumes, glare or odors.
2. That all future development of the subject property shall be constructed in
accordance with City of Meridian ordinances in effect at the time of
development.
3. That the applicant will be responsible for all costs associated with the sewer
and water service extension.
4. That any existing domestic wells and/or septic systems within this project will
have to be removed from their domestic service, per City Ordinance Section
5-7-517, when services are available from the City of Meridian. Wells may be
used for non-domestic purposes such as landscape irrigation.
5. That the following uses shall not be allowed on Lots 3, 4, and 5, Block 1:
a. Vehicle impound yard
b. Solid waste transfer station
c. Recycling center
d. Vehicle repair, major
6. That no trash compactors face the western property line on Lots 3, 4, and 5,
Block 1.
7. That prior to issuance of any building permit, the subject property be
subdivided in accordance with the City of Meridian Unified Development
Code. The property has been subdivided.
Meridian City Council Meeting Agenda June 18, 2019 – Page 79 of 186
Page 4
8. That the design and architecture of any future buildings on this site be
generally consistent with the ten photographs submitted by the Applicant
labeled “Design Goals – Creamline Park Subdivision.” The design of all
structures constructed on the site shall comply with the standards listed in the
Architectural Standards Manual. Lots 3-8, Block 1 shall comply with the non-
residential industrial standards; and Lots 1-2 and 9-10, Block 1 shall comply
with the non-residential commercial standards. Structures on Lots 1-2 and 9-
10, Block 1 shall not have loading docks or roll-up doors visible from a public
street.
Meridian City Council Meeting Agenda June 18, 2019 – Page 80 of 186