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Smith Rezone 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 k 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 Meridian City Council Meeting Agenda May 14, 2019 – Page 51 of 231 Meridian City Council Meeting Agenda May 14, 2019 – Page 52 of 231 Meridian City Council Meeting Agenda May 14, 2019 – Page 53 of 231 Meridian City Council Meeting Agenda May 14, 2019 – Page 54 of 231 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. 1 ow ,NA W1100; Go I CITY OF MERIDIAN By: Mayor de Weerd = O��Ot` ATTEST: city or �E IDIAN�-- IDAMO s Cer// ,.- FRo!!h�7R ��.. DEVELOPMENT AGREEMENT— SMITH REZONE (H-2018-0097 PAGE 7 OF 8 STATE OF IDAHO ss: 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 so go (SEAL) • �,�•'%Esi Notary Public Id ho `ISSION� Residing at: •, 00 No. 69823 �a My Commission Expires: 3 i `�1��'!aUgi,LG ,'' • O. STATE OF IDAHN••G••••• ss: 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•• •• Y A •. (SEAL) • �,� ��• • ,cv, ` i1 : tary Publ'c or Idaho • " COMMISSION, No. 69823 Residing at: �{ar I_ / • �+• My Commission Expires:a� IC— i'D • STATE OF IDAHO••• •�•� ss 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. ad WAY ECHAIRLENE i$$ioiv%39U PUBLIC Notary Public fqLIdahoTARY Residing at:TE OF IDAHO 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 C-./ QO tED AUGUS 0 City of w E IDIS IAN'z' IDAHO SEAL VOTED \ VOTED VOTED VOTED VOTED VOTED Yt/4 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 Meridian City Council Meeting Agenda November 13, 2018 — Page 13 of 173 Meridian City Council Meeting Agenda May 14, 2019 – Page 37 of 231 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 Meridian City Council Meeting Agenda November 13, 2018 — Page 15 of 173 Meridian City Council Meeting Agenda May 14, 2019 – Page 39 of 231 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 Meridian City Council Meeting Agenda November 13, 2018 — Page 16 of 173 Meridian City Council Meeting Agenda May 14, 2019 – Page 40 of 231 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 Meridian City Council Meeting Agenda November 13, 2018 — Page 17 of 173 Meridian City Council Meeting Agenda May 14, 2019 – Page 41 of 231 A. Drawings 1. Vicinity/Zoning Map TbBI- l"' 225 — 164s 1648 / 207 1620 35 1682 1613 1635 302 -" 1624 1625 1624 1615 1626 1615 1618 -- - 1611 1608 1603 1607 1546 R.40 1533 1536 1535 1535 1600 1524 - _ 1523 1528 - ; 1. 1523 15201522 t519 1513 — 1518 1507 1r 1435 1505 " 1508 1510 301 1504 1431 _ 1432 703 W EW.WE1435 _ _ - 1434 1423 1420 1421 1121 1432 U TT 1431 - _ 1420 1 S _1428 1423 1412 1419 1424 i li421111114102761422 1411 11419 1409 1406 1403 U14 1405 1404 1405 332 1403 1404 1349 1 1334 206 137 UAPLEAYE--- 1402 1335 1332 - 1332 1329 t3J1 1328 133 1727 1326 _ 1324 1323 1324 1123 1319 1]20 1712 1316 3t 1308 1711 1110 1313 1104 1305 1704 3 1305 z 1304 CHEM E 1307 1302 1237 1231 Ir0 - R-15 1233 ti 37 731 1217 1222 1223 1 — - 1220 - O- 1225 j i 0.I Z R25 1226 1212 12 n 1I I 1200 3C2263846C'C 11D5 1210 27212042051203 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 Meridian City Council Meeting Agenda November 13, 2018 — Page 18 of 173 Meridian City Council Meeting Agenda May 14, 2019 – Page 42 of 231 Exhibit A.2: Aerial View of the Property h"1 Smith Rezone — RZ H-2018-0097 PAGE 8 Meridian City Council Meeting Agenda November 13, 2018 — Page 19 of 173 r Meridian City Council Meeting Agenda May 14, 2019 – Page 43 of 231 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. Smith Rezone — RZ H-2018-0097 PAGE 9 Meridian City Council Meeting Agenda November 13, 2018 — Page 20 of 173 Meridian City Council Meeting Agenda May 14, 2019 – Page 44 of 231 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. Smith Rezone — RZ H-2018-0097 PAGE 10 Meridian City Council Meeting Agenda November 13, 2018 — Page 21 of 173 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 Smith Rezone — RZ H-2018-0097 PAGE I 1 Meridian City Council Meeting Agenda November 13, 2018 — Page 22 of 173 Meridian City Council Meeting Agenda May 14, 2019 – Page 46 of 231 fJr. wA Ipllnn OERRY LAIF p '\ fvKAuC . oI.• sIXuer .,O N,I. nsu ZONING EXHIBIT FORfnlerxomuTblDmLQAn -.. PP SCOTT SMITH h i I A POUCH OF ROCK 3, F.A. NOURTS TWO ADMON, Ot.F--`'.,a• D„: '' -___. I h, Ltl40 NUERDIAY4ADACOD14TY, p 0 • lE, U.U., 7 Ao In.a, 1 MAIL A AD N 0 O 1R IM g I f AI 6i uAll[ „[R IM M A1,•aan ffiV + REL'UkU O!: f:NRVF.'i a 51.11 ' 1 LEGEND I' LW y RK41I - C[N EP IPC n•lr'n•) u13, ¢c OWN' _ -A'F Miro' p p OCTNAL PPR[ILAL[ry. LM ixA:•- R---_••_ =i iLi,lt----____ i \89. 77' 05' F. 100A7 _ - w.ei t rnw FCW PAZ CAP t<IHK/ u 2 0 FCVO )/!• RDY [IV f rI ai{"RI's 11" y1M :,,_ s 00' 33' 08• w 59.00' ^ jj 1 +• S C[11u V2• R6V PN 1 F.ES:UkO ()F 'it RV Ii'i _I In. 11Yr SCT I/P [2l•IPbI PII./GF NS]. E4:: 8 U. FKALL KAT e[ N !19'37'07' E WIAO' >• VM PR ALYaiAa, p1TA CC R[CCRP cbi [ v,ca•[ - mAl y lip 98I_ -_I 31940 E1 Ff Iw e 1 ue rae K wawaN 0.733 U. M fr<R:N b V. WY1 I t wrdl'"rmR\I --- 7S p,.•r D1 cr D:[J z NWjr"•w___ _ _ - CERTIFICATE OF SURVEYOR R II' - N.9' - \\\ 5 69' 37'05' Y 242a.6h7pIi62.6i - OF [RAL P 6AA•,tST R:w Ft1. PAD(Ck A. MALI. Y. PLS W. 4347. STATI CC DARO, DO It MY3C[RMY TRAT TIE SLRIEY FEFRESE\TED CN THS FLAT VAS I Fit I { iAICRIED RY AC (R IYaR A, [KELT SIE4AYDCN AAD 15 LV rA % sitt Er wAIH: SCATF y' DAFT Ctp9 PT. ATFY.7A ttATS AD FIECORI) 0F: 5IIRVE'i 410. EUl3 A Al ( AM IPLEY3 AVD THE CCFAFR IIiPETJATCN MD FlIIVR ACC. aE I IYRT M+fR•p iTIF[Tyfltr,i.F,OaWiA•D nF y C:PYR wAf n')FT 1 I EAST CARL7O11 AIME0.L,' F.nT K TIF t01MP 1X:,N W \ / r „ b + TEAl3<1P8 LARD BURV EA57 iO.E A''/EVJC casrcnol. CETAI_ 8 - C.AY. Smith Rezone — RZ H-2018-0097 PAGE 12 Meridian City Council Meeting Agenda November 13, 2018 — Page 23 of 173 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. Smith Rezone — RZ H-2018-0097 PAGE 13 Meridian City Council Meeting Agenda November 13, 2018 — Page 24 of 173 Meridian City Council Meeting Agenda May 14, 2019 – Page 48 of 231