Staff ReportItem #4B: 807 N. Meridian Road Rezone (RZ-13-003)
Application(s):
- Rezone
Size of property, existing zoning, and location: This site consists of 0.47 acres, is currently zoned R-8, and is located at 807 N.
Meridian Road.
Adjacent Land Use & Zoning:
North: Single-family residential property, zoned R-8
East: Meridian Road; property owned by Qwest & Church of the Harvest, zoned 0-T
South: W. Idaho Avenue; single-family residential property, zoned R-8
West: Single-family residential property, zoned R-8
History: The property owner states that this property has been used for a variety of non-residential uses and believes it was converted
from a residence in the late 1970's. The property is currently being used as an office which is classified as a professional service. The
Planning & Building divisions have no records of the property being approved for non-residential purposes. Assuming that the
commercial use of the property, including the parking lot design & landscaping lawfully existed prior to the effective date of the UDC,
the use would be considered non-conforming as it does not conform to current UDC standards.
Summary of Request: The applicant requests a rezone of 0.47 of an acre of land from R-8 to 0-T, consistent with the FLUM
designation of Old Town. Approval of the rezone will change the status of the use to a conforming use as professional services are a
principal permitted use in the 0-T district. However because a CZC does not exist for the site, a CZC will be required upon a change of
use in the future which will involve improvements to the parking lotto comply with current UDC standards. With a new tenant, a C of 0
may also be required to ensure compliance with ADA standards & occupancy classification.
The property has one access via Idaho Avenue that leads to the parking area on the west side of the lot; access is not proposed or
approved via Meridian Road.
Because the structure was constructed in 1905 according to the Tax Assessor's records, Staff sent a memo to the Historical
Preservation Commission notifying them of this request. They did not verbally express any concerns at the meeting nor have any
comments been received from them.
Comprehensive Plan FLUM Designation: Old Town
Written Testimony: Matt Hart, Applicant's Representative (in agreement w/staff report)
Staff Recommendation: Approval
Notes:
STAFF REPORT E IDIAN~-~-
HEARING DATE: Apri14, 2013 I D A H O
TO: Planning & Zoning Commission
FROM: Sonya Wafters, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: RZ-13-003 - 807 N. Meridian Road
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, LTD, LLC, has submitted an application for rezone (RZ) of 0.47 of an acre of land
from the R-8 (Medium 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 RZ-13-003 as presented in the staff report for the hearing date of April 4,
2013, 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 RZ-13-003 as presented in the staff report for the hearing date of Apri14,
2013, for the following reasons: (You should state specific reasons for denial.)
Continuance
I move to continue File Number RZ-13-003 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 807 N. Meridian Road on the northwest corner of N. Meridian
Road and W. Idaho Avenue, in the SE '/4 of Section 12, Township 3 North, Range 1 West.
B. Owner(s):
LTD, LLC
P.O. Box 40
Meridian,lD 83680
C. Applicant:
Same as owner
807 N Meridian Rd RZ-13-003
PAGE 1
D. Representative:
Matt Hart, Civil Survey Consultants, Inc.
1400 E. Watertower Street, Ste. 100
Meridian, ID 83642
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 on this matter, consistent with Meridian City Code Title 11,
Chapter 5.
B. Newspaper notifications published on: March 18, and April 1, 2013
C. Radius notices mailed to properties within 300 feet on: March 14, 2013
D. Applicant posted notice on site by: March 19, 2013
VI. LAND USE
A. Existing Land Use(s): The existing 2-story structure (house) is being used as an office.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: Single-family residential property, zoned R-8
2. East: Meridian Road; property owned by Qwest & Church of the Harvest, zoned O-T
3. South: W. Idaho Avenue; single-family residential property, zoned R-8
4. West: Single-family residential property, zoned R-8
C. History of Previous Actions: The structure that exists on this site is a former dwelling that was
constructed in 1905 according to the Ada County Tax Assessor's records. The property owner
states that when he purchased the property in 1988, it was being used commercially at that time
and believes it to have been converted from a residence in the late 1970's. He further stated that
the property has continued to house a variety of nonresidential uses, including public/quasi-public
and office uses, since that time.
The Planning Division has no record of a Certificate of Zoning Compliance being issued for a
change in use of the site from residential to commercial. The Building Division also has no
records of permits or Certificate of Occupancies for commercial use of the property except for a
commercial mechanical permit for a heating & cooling system issued in 2010.
D. Utilities:
1. Public Works:
a. Location of sewer: The sanitary sewer main currently serving this parcel traverses
adjacent to the west boundary.
b. Location of water: The water main currently serving this parcel traverses adjacent to the
south boundary in W. Idaho Avenue.
c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: NA
807 N Meridian Rd RZ-13-003 PAGE 2
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 Old Town on the Comprehensive Plan Future Land Use Map (FLUM).
This 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 ofmulti-family residential over ground floor retail or office uses.
This site is currently being used as an office. Future uses will be as allowed in the O-T district.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the existing office use (staff analysis in italics):
• "Restrict private curb cuts and access points on collectors and arterial streets." (3.06.02D)
Access for this property is provided via Idaho Avenue, a local street; no access to Meridian Road,
an arterial street, is proposed or approved.
• "Coordinate with the Historic Preservation Commission to review and comment on all
development applications in Old Town and provide a certificate of acceptability." (5.02.O1D)
Staff sent a memo to the HPC dated March 14, 2013 noting them of the subject application but
has yet to receive any off cial comments.
• "Support restoration of Old Town to enhance its historical quality." (5.02.01)
Staff is supportive of the request to rezone the site to O-T as the historic nature of this property
will contribute to the quality of the downtown historical district.
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. Professional services are 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.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
REZONE (RZ):
This site consists of 0.23 of an acre (0.47 of an acre including adjacent right-of--way) of land
currently zoned R-8. The applicant proposes to rezone the property to O-T, consistent with the
807 N Meridian Rd RZ-13-003 PAGE 3
Comprehensive Plan Future Land Use Map designation of Old Town for this site.
The applicant states that the property has been used for a variety ofnon-residential uses in the
past (since approximately the late 1970's), including public/quasi-public and office uses with the
current use being an office (professional service). The Planning & Building Divisions have no
records of this use/structure being approved for non-residential purposes. Assuming that the
commercial use of the property, including the parking lot design and landscaping, lawfully
existed prior to the effective date of the UDC, the use would be considered nonconforming as it
does not conform to current UDC standards (i.e. office uses are prohibited in the R-8 district; the
parking lot and landscaping do not meet current standards). Nonconforming uses are allowed to
continue as long as the use remains lawful and is not expanded or extended subject to the
provisions listed in UDC I1-1B-4.
Approval of the rezone to O-T will change the status of the use to a conforming use as
professional services are a principal permitted use in the O-T district. However, because a
Certificate of Zoning Compliance (CZC) does not exist for the site, a CZC will be required upon
a change of use in the future. With a new tenant, a Certificate of Occupancy may also be required
to ensure compliance with Americans with Disabilities (ADA) requirements and occupancy
classification.
Because the structure on this site is believed to have been constructed in 1905, staff sent a memo
to the Meridian Historical Preservation Commission (HPC), dated March 14, 2013, notifying
them of this request. The HPC did not verbally express any concerns at their last meeting and to
date no comments have been received from them on this application.
Conceptual Development Plan: The applicant submitted a conceptual development plan, as
required with rezone applications, showing future improvements to the site. However, no site
changes or improvements are proposed at this time.
Certificate of Zoning Compliance: Upon a change of use of the property from office
(professional service), a Certificate of Zoning Compliance application will be required to be
submitted. If an addition to the existing structure is proposed, additional improvements (e.g.
landscaping) may be required in accord with the guidelines listed in UDC 11-3B-2. The parking
lot will be required to comply with current development standards as listed in UDC 11-3C-5.
Further, if/when any new user goes to occupy this building a Certificate of Occupancy may be
required.
City Water & Sewer Service: The property is currently hooked up to City water and sewer
service.
Access: The property has one access via Idaho Avenue that leads to the parking area on the west
side of the lot; access is not proposed or approved via Meridian Road.
Parldng: Based on 2,109 square feet, the square footage of the structure, the UDC (11-3C-6B)
requires a minimum of 4 parking spaces to be provided in accord with the standards listed in
UDC 11-3C-5. Based on the number of parking spaces, a minimum of one bicycle parking space
in a bicycle facility meeting the standards listed in UDC 11-3C-SC will be required.
There is an existing paved area to the rear (west) of the existing structure that is being used for
parking. However, it is not striped, does not have a perimeter landscape buffer, and appears that it
may be limited in the size necessary for the required parking and drive aisles.
Staff recommends approval of the proposed RZ application in accord with the comments listed in this
report based on the findings in Exhibit D.
807 N Meridian Rd RZ-13-003 PAGE 4
X. EXHIBITS
A. Drawings
1. Vicinity Map
2. Conceptual Development Plan
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Sanitary Service Company
6. Ada County Highway District
7. Parks Department
C. Rezone Legal Description & Exhibit Map
D. Required Findings from Unified Development Code
807 N Meridian Rd RZ-13-003 PAGE 5
Exhibit A.l : Vicinity Map
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807 N Meridian Rd RL-13-003 PAGE 7
Exhibit B: Agency Comments
On March 21, 2013, Planning Staff held an agency comments meeting. The agencies and
departments present include: Meridian Fire Department, Meridian Police Department, Meridian
Parks Department, and Republic Services. Staff has included all comments and recommended
actions below.
1. PLANNING DEPARTMENT
1.1 Future uses on the site should be consistent with those listed as allowed uses in the O-T district
per UDC Table 11-2D-2.
1.2 If an addition to the existing structure is proposed in the future, additional landscaping may be
required in accord with the guidelines listed in UDC 1 I-3B-2.
2. PUBLIC WORKS DEPARTMENT
2.1 Sanitary sewer service to this parcel currently comes from a main traversing adjacent to the west
boundary.
2.2 Water service to this site currently comes from a main traversing adjacent to the south boundary
in W. Idaho Avenue.
2.3 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 12-13-8.3). The applicant shall be required to use any existing surface or
well water for the primary source. If a surface or well source is not available, asingle-point
connection to the culinary water system shall be required. If a single-point connection is utilized,
the applicant will be responsible for the payment of assessments for the common areas.
2.4 Any existing domestic well system within this project shall be removed from domestic service per
City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at
(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic
purposes such as landscape irrigation if approved by Idaho Department of Water Resources
Contact Robert B. Whitney at (208)334-2190.
2.5 Any existing septic systems within this project shall be removed from service per City Ordinance
Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and
inspections (208)375-5211.
2.6 It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
2.7 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.8 Applicant shall coordinate mailbox locations with the Meridian Post Office.
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.
807 N Meridian Rd RZ-13-003 PAGE 8
6. PARKS DEPARTMENT
6.1 There are no pathways designated for this site. Therefore, the Park's Department has no
comments on this application.
7. ADA COUNTY HIGHWAY DISTRICT
This application is for a rezone application only. Listed below are some of the findings for
consideration that the District may ident~ when it reviews a future development application. The
District may add additional findings for consideration when it reviews a speciftc redevelopment
application.
Minor Improvements Policy: District Policy 7203.3 states that minor improvements to existing
streets adjacent to a proposed development may be required. These improvements are to correct
deficiencies or replace deteriorated facilities. Included are sidewalk construction or replacement;
curb and gutter construction or replacement; replacement of unused driveways with curb, gutter and
sidewalk; installation or reconstruction of pedestrian ramps; pavement repairs; signs; traffic control
devices; and other similar items.
Replace any existing damaged curb, gutter and sidewalk and any that may be damaged
during the construction of the proposed development, consistent with the District Minor
Improvements Policy.
The applicant shall be required to meet all of the ACRD Standard Conditions of Approval as well as
all ACRD Policies and requirements that may apply as noted below.
Please review the Applicant's Responsibilities and Development Process Checklist.
807 N Meridian Rd RZ-13-003 PAGE 9
Exhibit C: Rezone Legal Description & Exhibit Map
RE-ZONE BOUNDARY DESCRIPTION
FOR
LTD COMPANY, LLC
A parcel located in the SE %a of Section 12, Township 3 North, Range 1 West, Boise Meridian
and being a part of Lot 3 of Block 1 of WEST VIEW ADDITION as shown in Book 2 of Plats at
Page 68 in the office of the Recorder, Ada County, Idaho, more particularly described as follows:
Commencing at a brass cap monument marking the northeasterly corner of said SE `/a from
which a brass cap monument marking the southeasterly corner of said SE I/4 bears S 0°43'41" W
a distance of 2652.57 feet;
Thence S 0°43'31" W along the easterly boundary of said SE '/a and also the centerline of
Meridian Road a distance 199.50 feet to the POINT OF BEGINNING;
Thence continuing S 0°43'31" W a distance of 124.75 feet to a point marking the intersection of
Idaho Avenue and Meridian Road;
Thence leaving said easterly boundary N 89°23'55" W along the centerline of said Idaho Avenue
a distance of 164.52 feet to a point;
Thence leaving said centerline N 0°28'58" E a distance of 124.68 feet to a point on the northerly
boundary of said Lot 3;
Thence S 89°25'21" E along said northerly boundary a distance 165.05 feet to the POINT OF
BEGINNING.
This parcel contains 20,551 square feet (0.472 acres).
This description was prepared from record information. No field survey has been done.
Prepared by: Glenn K. Bennett, PLS
Civil Survey Consultants, Incorporated
February 19, 2013 ~~ E R Ep
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MAR 1 2013 ~ x° g~~
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MERIDIAN PUBLIC
WORKS DEPT.
807 N Meridian Rd RZ-13-003 PAGE 10
SKETCH TO ACCOMPANY DESCR/PT/ON FOR REZONE 1/
LOCATED /N THE SE 1/4 OF SECTION 12,
TOWNSH/P 3 NORTH, RANGE 1 WEST, BO/SE MER/D/AN,
ADA COUNTY, /DAHO.
REVI - PROVAL
BY____ N
N
MAR 1 1 2013
MERIDIAN PUBLIC 12 ~
WORKS DEPT.
13 18
807 N Meridian Rd RZ-13-003 PAGE 11
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 in that it will delineate a
centralized activity center and encourage its renewal, revitalization and growth.
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 (LTDC 11-SB-3.E).
Staff finds rezoning this property to O-T is in the best interest of the City as it will
accommodate and encourage further intensification of the historical city center.
807 N Meridian Rd RZ-13-003 PAGE 12