Z - Development Agreement H-2018-0097ADA COUNTY RECORDER Phil McGrane 2019-040301
BOISE IDAHO Pgs=26 BONNIE OBERBILLIG 05/15/2019 09:47 AM
CITY OF MERIDIAN, IDAHO NO FEE
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PARTIES: 1. City of Meridian
2. Team Construction, Owner
3. Scott Smith, Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this l"day of M au , 2019, by and between City of Meridian, a municipal
corporation of the State of aho, hereafter called CITY whose address is 33 E. Broadway Avenue,
Meridian, Idaho 83642 and Team Construction, whose address is 2286N. Glennfield Way, Meridian,
fD 83642, hereinafter called "OWNER" and Scott Smith whose address is 1321 & 1323 N. Main
Street, Meridian, ID 83642 hereinafter called "DEVELOPER".
1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of
land in the County of Ada, State of Idaho, described in Exhibit "A", which is
attached hereto and by this reference incorporated herein as if set forth in full,
herein after referred to as the Property; and
1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance,
require or permit as a condition of zoning that the Owners and/or Developer
make a written commitment concerning the use or development of the subject
Property; and
1.3 WHEREAS, City has exercised its statutory authority by the enactment of
Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes
development agreements upon the annexation and/or re -zoning of land; and
1.4 WHEREAS, Owner and/or Developer have submitted an application for the
rezoning of 0.733 acres of land from the C -C (Community Business) Zoning
District to the O -T (Old Town) Zoning District, under the Unified Development
Code, which generally describes how the Property will be developed and what
improvements will be made; and
1.5 WHEREAS, Owner and/or Developer made representations at the public
hearings both before the Meridian Planning & Zoning Commission and before
the Meridian City Council, as to how the Property will be developed and what
improvements will be made; and
DEVELOPMENT AGREEMENT— SMITH REZONE (H-2018-0097) PAGE 1 OF 8
Meridian City Council Meeting Agenda May 14, 2019 – Page 50 of 231
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21.1 No condition governing the uses and/or conditions governing re -zoning of the subject
Property herein provided for can be modified or amended without the approval of the
City Council after the City has conducted public hearing(s) in accordance with the
notice provisions provided for a zoning designation and/or amendment in force at the
time of the proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the
date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in
connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk.
[end of text; signatures, acknowledgements, and Exhibits A and B follow]
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made it
effective as hereinabove provided.
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CITY OF MERIDIAN
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DEVELOPMENT AGREEMENT— SMITH REZONE (H-2018-0097 PAGE 7 OF 8
STATE OF IDAHO
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County of Ada,
On this I day of , 2019, before me, the undersigned, a Notary Public in and for said State,
personally appeared known or identified to me to be the (7�) Qt__, of the
Team Construction and the person who signed below, and acknowledged to me that he executed the same on behalf of said
company.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above wri
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STATE OF IDAHN••G•••••
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County of Ada, )
On this day of 2019, before me, the undersigned, a Notary Public in and for said State,
personally appeared Scott Smith, "ofor identified to me to be the person who signed above and acknowledged to me that
he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above•Iyitteme••
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(SEAL) • �,� ��•
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No. 69823 Residing at: �{ar I_ /
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STATE OF IDAHO••• •�•�
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County of Ada )
On this 1 i4' day of M aQ 2019, before me, a Notary Public, personally appeared Tammy
de Weerd and Chris :'ohn-,�nn , know or identified to me to be the Mayor and Clerk,
respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of
said City, and acknowledged to me that such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written.
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Notary Public fqLIdahoTARY
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Commission expires:SION
EXPIRES 3/28/22
DEVELOPMENT AGREEMENT— SMITH REZONE
(H-2018-0097) PAGE 8 OF 8
EXHIBIT A
Smith Rezone – H-2018-0097
Meridian City Council Meeting Agenda May 14, 2019 – Page 31 of 231
EXHIBIT A
Smith Rezone – H-2018-0097
Meridian City Council Meeting Agenda May 14, 2019 – Page 32 of 231
CITY OF MERIDIAN E IDIAN -- FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER
In the Matter of the Request for a Rezone of 0.73 of an Acre of Land from the C -C to the O -T
Zoning District for the Property Located at 1321 and 1323 N. Main Street, by Scott Smith.
Case No(s). H-2018-0097
For the City Council Hearing Date of. November 7, 2018 (Findings on November 13, 2018)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of November 7, 2018, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of November 7, 2018, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of November 7,
2018, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of November 7, 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.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of November 7, 2018, 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-2018-0097 - I -
Meridian City Council Meeting Agenda November 13, 2018 — Page 9 of 173
EXHIBIT B
Meridian City Council Meeting Agenda May 14, 2019 – Page 33 of 231
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 rezone is hereby approved with the requirement of a Development
Agreement containing the provisions in the Staff Report for the hearing date of November 7,
2018, 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 November 7, 2018
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2018-0097 -2-
Meridian
2 -
Meridian City Council Meeting Agenda November 13, 2018 — Page 10 of 173
Meridian City Council Meeting Agenda May 14, 2019 – Page 34 of 231
By action of the City Council at its regular meeting held on the l 3 day of Njbye m f) u-
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
TIE BREAKER)
Attest:
i
C.J v Coles
City Clerk
Mayor Ta)tJe Weerd
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City of
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IDAHO
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VOTED
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By: UL vW
City Clerk's Office
Dated: 1- 13 -1
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2018-0097 Srni* -BZOne -
3 -
Meridian City Council Meeting Agenda May 14, 2019 – Page 35 of 231
EXHIBIT A
STAFF REPORT
Hearing Date: November 7, 2018
TO: Mayor & City Council
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
E IDIAN--
IDAHO
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.
IL 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.
The Meridian Planning & Zoning Commission heard these items on October 4, 2018. At the
public hearing, the Commission moved to recommend approval of the subject RZ request.
a. Summary of Commission Public Hearing:
i. In favor: Scott Smith, Applicant
ii. In opposition: None
iii. CommentinLy: None
iv. Written testimony: None
y. Staff presenting application: Sonya Allen
A. Other staff commenting on application: None
b. Key issue(s) of Public Testimony:
i. None
c. Key
i.
Issues of Discussion by Commission:
The Commission was in favor of the proposed residential use and existing access
remaining.
d. Commission Chang(s) to Staff Recommendation:
i. None
e. Outstanding Issues) for City Council:
L None
Summary of City Council Public Hearin:
L In favor: Scott Smith, Applicant
jL In opposition: None
jiL Commenting: None
jy, Written testimony: None
L Staff presenting application: Sonya Allen
Smith Rezone — RZ H-2018-0097 PAGE I
Meridian City Council Meeting Agenda November 13, 2018 — Page 12 of 173
Meridian City Council Meeting Agenda May 14, 2019 – Page 36 of 231
yL Other staff commenting on application: None
L Key issue(s) of Public Testimony:
L None
r- Key Issues of Discussion by Council:
L None
Sl. Key Council Changes to Staff/Commission Recommendation
y None
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number H-2018-
0097, as presented in the staff report for the hearing date of November 7, 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-2018-0097,
as presented during the hearing on November 7, 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'/4 of
Section 7, Township 3 North, Range 1 East
B. Owner:
Team Construction
2286 N. Glennfield Way
Meridian, ID 83642
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 (Commission); October 19, 2018
Council
C. Radius notices mailed to properties within 300 feet on: September 7, 2018 (Commission);
October 16, 2018 (Council)
Smith Rezone — RZ H-2018-0097 PAGE 2
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D. Posted on Next Door: September 11, 2018 (Commission); October 16 2018 (Council)
E. Applicant posted notice on site(s) on: September 24, 2018 (Commission); October 21, 2018
Council
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.
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.
Flood Plain: This property does not lie within the flood plain.
Smith Rezone — RZ H-2018-0097 PAGE 3
Meridian City Council Meeting Agenda November 13, 2018 — Page 14 of 173
Meridian City Council Meeting Agenda May 14, 2019 – Page 38 of 231
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.
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.
Smith Rezone — RZ H-2018-0097 PAGE 4
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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 1I -
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
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 11-1134, 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.
Smith Rezone — RZ H-2018-0097 PAGE 5
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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 6
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A. Drawings
1. Vicinity/Zoning Map
TbBI-
l"' 225 —
164s 1648 /
207
1620
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1613 1635 302 -"
1624
1625 1624
1615 1626
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1611 1608 1603
1607 1546 R.40
1533 1536 1535 1535 1600
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1523 1528 - ;
1. 1523
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1513 — 1518
1507
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1504 1431 _
1432
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1434 1423 1420 1421 1121
1432 U
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1 S _1428 1423 1412
1419 1424 i li421111114102761422
1411 11419 1409 1406 1403
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332
1403 1404 1349
1 1334 206 137
UAPLEAYE--- 1402
1335 1332 -
1332 1329 t3J1 1328 133
1727 1326 _
1324 1323 1324 1123
1319
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1308 1711 1110
1313
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1217 1222 1223
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A NQTO11 ST E WAS NIN610N AVE
t0] 113087 II 25 33 45 113 .L 200 1153
Structure fronting on N. Main St.
Smith Rezone — RZ H-2018-0097 PAGE 7
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Exhibit A.2: Aerial View of the Property
h"1
Smith Rezone — RZ H-2018-0097 PAGE 8
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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.
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 11-513-113. 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.
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4. ADA COUNTY HIGHWAY DISTRICT (ACRD)
In response to your request for comment, the Ada County Highway District (ACHD) staff has
reviewed the submitted applications and site plans for the Items referenced above. It has been
determined that ACHD has no site specific conditions of approval for these applications.
There Is No Impact Fee Due for this application and an ACHD inspection Is not required.
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.
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Meridian City Council Meeting Agenda May 14, 2019 – Page 45 of 231
C. Legal Description & Exhibit Map for Rezone Boundary
TEALEY'S LAND 12594 W. Explorer Drive, Suite 150 • Boise, Idaho 83713
SURVEYING (208) 385-0636
Fax (208) 385.0696
Project. No.: 4351
Date: July 23, 2018
REZONE DESCRIPTION FOR
SCOTT SMITH
A parcel of land being a portion of the Block 3 of F A. Nourse's Third Addition, as
filed for record in the office of the Ada County Recorder, Boise, Idaho in Book 6 of Plats
at page 289 lying in the NW 114 of Section 7, T.3N., R.1E., B.M.. Meridian, Ada County,
Idaho and more particularly described as follows:
Commencing at a brass cap marking the Northwest comer of said Section 7;
thence along the West boundary of said Section 7
South 00'22'59" West, formerly South 00' 24'19" West, 1041.87 feet to a point on
the extend North boundary of said Block 3, thence along the said North boundary
North 89°37'05" East 263.31 feet to an Iron pin on the East boundary of Record
of Survey No. 8427, filed for record in the office of the Ada County Recorder, Boise,
Idaho under Instrument No 108108418, said point marking the POINT OF BEGINNING;
thence continuing
North 89°37'05" East 100.87 feet to an iron pin; thence leaving said North
boundary along a line 122.00 feet West of and parallel with the East boundary of said
Block 3
South 00°33'08" West 59.00 feet to an iron pin; thence along a line 59 00 feet
South of and parallel with said North boundary of Block 3
North 89°37'05" East 162.00 feet to a point on the centerline of North Main
Street; thence along said centerline
South 00°33'08" West 98,94 feet to a point; thence leaving said centerline along
the South boundary of the North 112 of the North 112 of the East 112 of said Block 3
South 89°37'05" West 262.67 feet to an iron pin marking the Southeast corner of
said Record of Survey No 8427; thence along the East boundary of said Record of
Survey No. 8427
North 00"28'48" East 157.94 feet to the POINT OF BEGINNING,
Said parcel of land contains 0.733 acres, more or less.
W 435t,Dx4761 m eale 6x•j6e
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Meridian City Council Meeting Agenda May 14, 2019 – Page 47 of 231
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. The City
Council 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;
The City Council 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;
The City Council finds that the proposed zoning map amendment will not be detrimental to
the public health, safety, or welfare. This property currently receives City services.
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 11-513-3.E).
This finding does not apply as this application is for a rezone, not annexation.
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Meridian City Council Meeting Agenda May 14, 2019 – Page 48 of 231