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PZ - Staff ReportSTAFF REPORT HEARING DATE: January 18, 2018 TO: Planning and Zoning Commission FROM: Bill Parsons, Planning Supervisor 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Designing Team Rezone – H-2017-0166 I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Designing Team, has submitted an application for rezone (RZ) of 0.36 of an acre of land from the R-15 (Medium-high Density Residential) to the O-T (Old Town) zoning district. See Section IX Analysis for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed RZ application as requested by the applicant, based on the Findings of Fact and Conclusions of Law in Exhibit D of the Staff Report. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to recommend approval to City Council of File Number H-2017-0166 as presented in the staff report for the hearing date of January 18, 2018, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to recommend approval to City Council of File Number H-2107-0166 as presented in the staff report for the hearing date of January 18, 2018, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2017-0166 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 1226 2 and a Half Street in the NW ¼ of Section 7, Township 3 North, Range 1 East. B. Applicant/Owner(s): Designing Team 1226 2 and a Half Street Meridian, ID 83642 Designing Team Rezone – H-2017-0166 PAGE 1 C. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for a rezone. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: December 29, 2017 (Commission); C. Radius notices mailed to properties within 300 feet on: December 21, 2017 (Commission); D. Applicant posted notice on site by: January 4, 2018 (Commission); VI. LAND USE A. Existing Land Use(s): The subject property is developed with an existing single family residence that was converted to a hair salon in 2002. B. Character of Surrounding Area and Adjacent Land Use and Zoning: The area is developed with a mix of commercial and residential uses. C. History of Previous Actions: In 2002, the applicant received approval of a conditional use permit (CUP-02-020) to operate a hair salon from the subject property. A variance (VAR-02-011) was also granted to deviate from the some of the landscape and parking requirements. D. Utilities: 1. Public Works: a. Location of sewer: Existing home is connected to sewer. b. Location of water: Existing home is connected to water. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: NA 2. Hazards: Staff is unaware of any hazards that may exist on this site. 3. Flood Plain: This site does not lie within a floodplain or floodway. VII. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated High Density on the Comprehensive Plan Future Land Use Map (FLUM). This designation allows for the development of multi-family homes in areas where urban services are provided. Residential gross densities may exceed 15 dwelling units per acre. Developments might include duplexes, apartment buildings, townhouses, and other multi-unit structures. A desirable project would consider the placement of parking areas, fences, berms, and other landscaping features to serve as buffers between neighboring uses. Developments need to incorporate high quality architectural design and materials and thoughtful site design to ensure quality of place and should also incorporate high quality architectural design and materials and thoughtful site design that incorporate connectivity with adjacent uses and area pathways, attractive landscaping and individual project identity. Although this property has a HDR designation within the Comprehensive Plan Future Land Use Map, land use designations are not parcel specific. Because the other side of 2 and a Half Street is designated Old Town on the Comprehensive Plan and the subject property is located in the urban Designing Team Rezone – H-2017-0166 PAGE 2 renewal district boundary and supported by the Destination Downtown Plan, staff finds the requested rezone to Old Town zone is appropriate for this property. If the rezone is approved it would allow greater flexibility in the types of uses that could operate from the existing structure consist with the Comprehensive Plan. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the existing office use (staff analysis in italics): • Encourage Infill Development (3.04.02B). At this time, the property is operating with a hair salon (personal service) with the approval of a conditional use permit. The current owners wish to sell to property to a Chiropractor to operate a health and social services use. If the rezone is approved the current use and the future medical use are principally permitted uses in the Old Town zone. Based on the analysis above, staff finds the proposed rezone to O-T is consistent with the goals and objectives of the Comprehensive plan. VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zone: Per UDC 11-2D-1A, 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. The existing use and prosed use will remain a principally permitted use in the O-T zoning district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Table 11-2D-4 for the O-T zoning district. D. Landscaping: Parking lot landscaping must be installed in accord with the standards listed in UDC Table 11-3B-8C. As noted above, the applicant received a variance from the parking and landscape requirements of the previous code. Since the applicant is proposing any expansions additional landscaping is not required. E. Off Street Parking: UDC 11-3C-6B requires 1 space for every 1000 square feet of gross floor area. With the approval of the variance application the existing parking area was granted approval to develop with different standards than current code requirements. Staff is amenable to this remaining as approved with the variance. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: REZONE (RZ): This site consists of 0.36 of an acre of land currently zoned R-15. The applicant proposes to rezone the property to O-T zone to allow greater flexibility in the types of commercial uses that can operate on the subject property. In 2002, the City ordinance in effect allowed the applicant to establish the salon use through the approval of a conditional use permit. The current owner converted the existing residence to the Designing Team Rezone – H-2017-0166 PAGE 3 current commercial use in accord with City Ordinances in effect at the time. The owner’s now wish to sell the property. Because the ordinance has changed and the conditional use permit specifies a specific use, the only option to allow other commercial uses to operate on the site is to rezone the property to the O-T district. As noted above the Director is amenable to floating the Old Town land use designation to allow the applicant to request the rezone. At the time the CUP was approved the owner’s also received the approval of a variance to the landscape and parking standards, specifically buffer reductions and parking area dimensions. NOTE: The Old Town zone does not require landscape buffer between commercial and residential uses. As approved, the parking lot landscaping do not meet the current standards in UDC 11-3B-8 and the parking stall dimensions and drive aisle widths in accord UDC Table 11-3C-5. If the rezoned is approved, the use that was approved with the CUP will still remain an allowed use in the O-T zone however, the on-site parking areas do not meet current standards, because this site is entirely developed and the applicant is not proposing any site modifications, staff is not requiring the site to conform to current UDC standards, the site will remain as approved in accord with the site/landscape plan approved with the previous City approvals (see Exhibit A.2). However, staff recommends that the applicant install a bike rack near the main entry in accord with the standards set forth in UDC 113C-5C and 11-3C-6G. Although not required, the City typically requires the execution of a development agreement (DA) with rezone requests. Staff is not recommending a development agreement with the subject rezone request for the following reasons: 1) The site is currently developed in accord with previous City approvals and additional development on the site is not likely; 2) The existing salon use is a principally permitted use in the proposed O-T zone. With redevelopment and/or change of use for the site, a Certificate of Zoning Compliance application may be required to be submitted to the Planning Division for review and approval. The applicant will be responsible for ensuring the site complies with all City of Meridian ordinances in effect at the time development. Further, the applicant will be responsible for obtaining approvals from the Building Division if/when a change of use is proposed for the property and; 3) The Comprehensive Plan encourages the revitalization of Downtown. Continuing the existing commercial uses on this property is in the best interest of the City. Staff recommends approval of the proposed RZ application in accord with the comments listed in this report based on the findings in Exhibit D. X. EXHIBITS A. Drawings 1. Vicinity Map 2. Approved Site Plan B. Agency Comments 1. Planning Division 2. Public Works Department 3. Fire Department 4. Police Department 5. Sanitary Service Company 6. Ada County Highway District Designing Team Rezone – H-2017-0166 PAGE 4 7. Parks Department C. Rezone Legal Description & Exhibit Map D. Required Findings from Unified Development Code Designing Team Rezone – H-2017-0166 PAGE 5 Exhibit A.1: Vicinity Map Designing Team Rezone – H-2017-0166 PAGE 6 Exhibit A.2: Approved Site Plan Designing Team Rezone – H-2017-0166 PAGE 7 Exhibit B: Agency Comments 1. PLANNING DIVISION 1.1 With any future expansion, change of use and/or redevelopment, the applicant shall comply with all bulk, use, and development standards of the Old Town zoning district listed in UDC Chapter 2, District Regulations. 1.2 All future development of the subject property and expansion of existing structures shall comply with City of Meridian ordinances in effect at the time of development and must obtain certificate of zoning compliance and administrative design review approval from the Planning Division. 1.3 The applicant shall install a bike rack near the main entry in accord with the standards set forth in UDC 113C-5C and 11-3C-6G. 1.4 With any future expansion, change of use and/or redevelopment, the applicant must contact the Building Division for code requirements pertaining to a change of use. The applicant will be responsible to complete all required improvements prior to issuance of a Certificate of Occupancy. It is unlawful to use or occupy any building or structure until the Building Official has issued a Certificate of Occupancy. 2. PUBLIC WORKS DEPARTMENT 2.1 The Public Works Department has no concerns with this application. 3. FIRE DEPARTMENT 3.1 The proposed project has no Fire Department concerns. 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns with this application. 5. REPUBLIC SERVICES 5.1 Republic Services has no concerns with this application. 6. PARKS DEPARTMENT 6.1 The Park’s Department has no comments on this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 The applicant shall be required to meet all of the ACHD Standard Conditions of Approval as well as all ACHD Policies and requirements that may apply. Designing Team Rezone – H-2017-0166 PAGE 8 Exhibit C: Rezone Legal Description & Exhibit Map Designing Team Rezone – H-2017-0166 PAGE 9 Designing Team Rezone – H-2017-0166 PAGE 10 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 a rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; Staff finds that the requested map amendment to O-T is generally consistent with the provisions of the Comprehensive Plan noted above in Section VII. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Staff finds that the requested map amendment to the O-T zoning district is generally consistent with the purpose statement of the old town district since the existing and future commercial use are principally permitted uses. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Staff finds that the requested zoning amendment will not be detrimental to the public health, safety, or welfare. The site is already serviced by City utilities. 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 requested 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). Staff finds rezoning this property to O-T is in the best interest of the City as it will accommodate and encourage business owners to invest in downtown. Designing Team Rezone – H-2017-0166 PAGE 11