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PZ - Staff ReportSmith Rezone – RZ H-2018-0097 PAGE 1 STAFF REPORT Hearing Date: October 4, 2018 TO: Planning and Zoning Commission FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Smith Rezone – RZ (H-2018-0097) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Scott Smith, has submitted an application for Rezone (RZ) of 0.73 of an acre of land from the C-C to the O-T zoning district. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed RZ application with the requirement of a development agreement in accord with the provisions in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. 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-2018-0097, as presented in the staff report for the hearing date of October 4, 2018, 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-2018-0097, as presented during the hearing on October 4, 2018, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2018-0097 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 1321 & 1323 N. Main St. (Parcel #R6129020341), in the northwest ¼ of Section 7, Township 3 North, Range 1 East B. Owner: Team Construction 2286 N. Glennfield Way Meridian, ID 83642 Smith Rezone – RZ H-2018-0097 PAGE 2 C. Applicant: Scott Smith 1321 & 1323 N. Main St. Meridian, ID 83642 D. Representative: Same as Owner E. 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, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: September 14, 2018 C. Radius notices mailed to properties within 300 feet on: September 7, 2018 D. Posted on Next Door: September 11, 2018 E. Applicant posted notice on site(s) on: September 24, 2018 VI. LAND USE A. Existing Land Use(s) and Zoning: This site contains two (2) structures – one is currently vacant and the other contains a retail store; the overall property is zoned C-C. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Commercial/office uses, zoned C-C 2. East: N. Main Street and commercial, office and residential uses, zoned C-C 3. South: Funeral home, zoned C-C 4. West: Residential and vacant/undeveloped lot; and personal service (beauty salon), zoned C- C C. History of Previous Actions: The existing 2,164 square foot structure at the front of the property was constructed in 1937 and was converted from a residential dwelling to a commercial/retail structure in 2001. The existing 1,560 square foot structure at the rear of the property was constructed in 1983 and converted to a commercial/retail structure in 2001.  In 2011, a Certificate of Zoning Compliance (CZC-11-016, Wellbriety Counseling) was approved for the operation of a health and social service facility in the building located at 1323 N. Main Street (i.e. the rear structure). Alternative Compliance (ALT-11-004) was approved to allow the use of an unimproved non-conforming parking lot to the north and west of the structure to be used for a parking area until the site is either expanded or redeveloped in the future.  In 2012, a Certificate of Zoning Compliance Verification (CZCV-12-008) was approved for the Calico Cattery at 1321 N. Main Street (i.e. the front structure).  A Certificate of Occupancy (walk-thru) application has been submitted to the City for the rear structure, housing Calico Cattery (which moved from the front structure), at 1323 N. Main Street; all inspections have passed and the permit is awaiting issuance from the Building Official. Smith Rezone – RZ H-2018-0097 PAGE 3  A commercial tenant improvement application has been submitted for the front structure at 1321 N. Main Street. If the subject rezone application is approved and the use is converted from a commercial to a residential use, a residential permit will be required to be submitted. D. Utilities: 1. Location of sewer: City sewer service is currently provided to this property. 2. Location of water: City water service is currently provided to this property. 3. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: There are no ditches/waterways that cross this site. 2. Hazards: Staff is unaware of any hazards that may exist on this property. 3. Flood Plain: This property does not lie within the flood plain. VII. COMPREHENSIVE PLAN The Comprehensive Plan Future Land Use Map (FLUM) designates this property as Old Town. The Old Town designation includes the historic downtown and the true community center. Sample uses include offices, retail and lodging, theatres, restaurants, and service retail for surrounding residents and visitors. A variety of residential uses are also envisioned and could include reuse of existing buildings, new construction of multi-family residential over ground floor retail or office uses. The applicant proposes to reuse the existing structure located on the front of the property facing N. Main Street and convert it back to a residence for his personal use. The existing structure at the rear of the property houses a retail store (i.e. Calico Cattery) that is proposed to remain. The existing and proposed use of the property is consistent with that desired within the Old Town designated area. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone (UDC 11-2A-1): The purpose of the Traditional Neighborhood Districts is to encourage mixed use, compact development that is sensitive to the environmental characteristics of the land and facilitates the efficient use of services. Vertically integrated residential projects are encouraged in all traditional neighborhood districts. A traditional neighborhood district diversifies and integrates land uses within close proximity to each other, and it provides for the daily recreational and shopping needs of the residents. The purpose of the Old Town district is to accommodate and encourage further intensification of the historical City center in accord with the Meridian Comprehensive Plan. The intent of the O-T District is to delineate a centralized activity center and to encourage its renewal, revitalization and growth as the public, quasi-public, cultural, financial and recreational center of the City. Public and quasi-public uses integrated with general business, and medium high to high density residential is encouraged to provide the appropriate mix and intensity of activities necessary to establish a truly urban City center. B. Schedule of Use: Unified Development Code (UDC) Table 11-2D-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the O-T zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. Single-family detached dwellings and retail stores are both listed as principle permitted uses; and an animal care facility, which includes boarding, is prohibited in the O-T district. C. Dimensional Standards: Any development on the site should be consistent with the dimensional standards listed in UDC Table 11-2D-3 for all traditional neighborhood districts and 11-2D-4 for the O-T zoning district. Smith Rezone – RZ H-2018-0097 PAGE 4 IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: 1. Rezone: The applicant has applied for a rezone of 0.73 of an acre of land from the C-C to the O-T zoning district consistent with the Old Town FLUM designation as noted above in Section VII. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be rezoned. There are two (2) existing structures on this site that are proposed to remain. The building at the rear of the property houses the Calico Cattery, which the Applicant states is primarily a retail store with some ancillary cat boarding; this use is proposed to remain and no changes are proposed. This business was formerly located in the front building and moved to the rear building. The building at the front of the property is proposed to be remodeled and converted from a commercial use back to a single-family residence for the Applicant’s personal use. The definition in the UDC (11-1A-1) for animal care facility includes boarding. Animal care facilities are not specifically listed as an allowed use in the O-T zoning district (UDC Table 11- 2D-2); therefore, the use would typically be prohibited. However, the Director has the ability to allow a use that is not specifically listed in the allowed use table as set forth in UDC 11-1-5E if determined the proposed use is in substantial conformance with the goals and objectives of the Comprehensive Plan; is consistent with the purpose of the district in which the use is located; does not involve a higher level of activity than one or more of the uses listed in the district as allowed; and the impacts on public services and activities associated with the use are substantially similar to those of one or more of the uses listed in the district as allowed. In accord with the above criteria, the Director is amenable to allowing the existing cat boarding use to continue as-is in the O-T district for the following reasons: the use is ancillary to a principle permitted use (i.e. retail) in the district; the use contributes to the mix of uses and services available to residents and visitors in the downtown area as desired in traditional neighborhood districts and the Old Town designated area in the Comprehensive Plan; and the use does not involve a higher level of activity than other uses allowed in the district as all activity associated with the use is contained with the building and does not impact adjacent property owners and is not a high traffic use. There are two (2) existing driveways/curb cuts, one on each side of the property, that provides access to the site via N. Main Street – the northern access is signed “exit only” and the southern access is signed “entrance only”. Although the UDC (11-3A-3) restricts access to arterial streets (i.e. N. Main St.), Staff is amenable to both of the accesses remaining at this time for the following reasons: 1) the intensity of the use is anticipated to decrease with the change in use of the front structure from commercial to residential; and 2) the accesses are signed entrance/ exit only which ACHD views as one driveway [with two (2) curb cuts] which prevents vehicles backing out into the street creating a safety hazard – Staff agrees with this determination and feels it’s in the best interest of public safety for the two driveways to remain. However, if/when the property redevelops in the future, access may be re-evaluated at that time by the City and ACHD and access may be restricted and cross access required to surrounding properties in accord with UDC 11-3A-3. A Certificate of Zoning Compliance (CZC) is required to be obtained from the Planning Division for the establishment of a new use (i.e. single-family detached dwelling) to ensure that the new use complies with all provisions of the UDC before the use is established. The UDC (Table 11- 3C-6) requires off-street parking to be provided for single-family detached dwellings based on the number of bedrooms per unit; the proposed 3-bedroom dwelling requires a minimum of 4 spaces Smith Rezone – RZ H-2018-0097 PAGE 5 per unit – at least 2 of those in an enclosed garage, other spaces may be enclosed or a minimum 10’ by 20’ parking pad. There is no covered parking that exists on this site and the parking for the front building appears to be shared with the existing business at the rear of the property; a large portion of the rear of this property is unpaved with a dirt surface. Staff considers the lack of covered parking on this site to be a nonconforming use since the original use of the structure was residential and no covered parking exists on the site; as such, it’s subject to the provisions listed in UDC 11-1B-4, Non-Conforming Use. There appears to be a total of 6 paved parking spaces on the site for the overall property, which is one (1) fewer than the minimum required for the commercial business and residential use combined; the commercial use requires a minimum of 3 spaces based on the square footage of the building (i.e. 1,560 square feet) and the residential use requires a minimum of 4 spaces based on 3 bedrooms. A total of 7 parking spaces meeting the improvement standards listed in UDC 11-3C- 5B should be provided on the site and depicted on the site plan submitted with the CZC application. The City may require a development agreement (DA) in conjunction with a rezone pursuant to Idaho Code section 67-6511A. In order to ensure compliance with the provisions of the rezone included in this report in Exhibit B, staff recommends a DA is required that contains the provisions listed in Exhibit B as discussed above. In summary, Staff recommends approval of the proposed rezone request for this site with a development agreement containing the provisions listed in Exhibit B of this report in accord with the findings contained in Exhibit D. X. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Aerial View of the Property B. Agency & Department Comments C. Legal Description and Exhibit Map for Rezone Boundary D. Required Findings from Unified Development Code Smith Rezone – RZ H-2018-0097 PAGE 7 A. Drawings 1. Vicinity/Zoning Map Structure fronting on N. Main St. Smith Rezone – RZ H-2018-0097 PAGE 8 Exhibit A.2: Aerial View of the Property Smith Rezone – RZ H-2018-0097 PAGE 9 B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS & CONDITIONS 1. PLANNING DIVISION 1.1 Annexation & Zoning Comments 1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. 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 annexation. The DA shall, at minimum, incorporate the following provisions: a. If the intensity of the use of the property increases in the future from retail and single-family residential, access to the property may be restricted from two (2) to one (1) access driveways via N. Main Street, an arterial street, as determined by the City of Meridian in accord with UDC 11-3A-3 and the Ada County Highway District. Additionally, a cross-access easement(s) may be required to adjacent properties for interconnectivity and reduction of access points from the arterial street (i.e. N. Main Street). b. The existing retail store with ancillary cat boarding is allowed to continue as currently operating; however, the cat boarding portion of the use may not be expanded unless the Unified Development Code (UDC) is amended in the future to specifically allow the use in the district. c. A Certificate of Zoning Compliance application is required to be submitted to the Planning Division for the establishment of a new use (i.e. single-family detached dwelling) prior to issuance of building permits as set forth in UDC 11-5B-1B. The existing uncovered parking on the site is deemed to be a nonconforming use per UDC 11-1A-1; as such, it’s subject to the provisions listed in UDC 11-1B-4, Nonconforming Use. Note: A minimum total of 7 shared off-street parking spaces are required to be provided on the site for the non-residential use and the residential use (based on the 3 bedroom unit) and shall be improved per the standards listed in UDC 11-3C-5B. Further, if the dwelling is converted to a duplex in the future, the developer is required to fully comply with the parking standards listed in UDC Table 11-3C-6. d. A residential building permit application shall be submitted to the Building Division for the property at 1321 N. Main Street once the property is rezoned to the O-T district; issuance of the permit shall take place prior to any further construction occurring on the site. 2. POLICE DEPARTMENT 2.1 The Police Department has no comments on this application. 3. FIRE DEPARTMENT 3.1 The Fire Department has no comments on this application. Smith Rezone – RZ H-2018-0097 PAGE 10 4. ADA COUNTY HIGHWAY DISTRICT (ACHD) 5. PARKS DEPARTMENT 5.1 The Park’s Department has no comments on this application. 6. NAMPA & MERIDIAN IRRIGATION DISTRICT (NMID) 6.1 NMID has no comments on this application as they have no facilities at this location. Smith Rezone – RZ H-2018-0097 PAGE 11 C. Legal Description & Exhibit Map for Rezone Boundary Smith Rezone – RZ H-2018-0097 PAGE 12 Smith Rezone – RZ H-2018-0097 PAGE 13 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 0.73 of an acre property from the C-C to the O-T district consistent with the Old Town FLUM designation for this property. Staff finds that the proposed map amendment and uses comply with the provisions of the Comprehensive Plan and should be compatible with the adjacent commercial and office 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 O-T zoning district is consistent with the purpose statement and complies with the regulations for the traditional neighborhood 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. This property currently receives City services. 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 does not apply as this application is for a rezone, not annexation.