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HomeMy WebLinkAbout608 W. 3rd Street.RZ STAFF REPORT Hearing Date: 5/4/2006 TO: Planning & Zoning Commission FROM: Caleb Hood, Current Planning Manager SUBJECT: 608 W. 3rd Street Rezone for Stan Lantz RZ-06-002 Rezone of 0.22 acres from I-L (Light Industrial) to O-T (Old Town) for an existing single-family residence, by Stan Lantz. 1. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Stan Lantz, has applied for a Rezone (RZ) of 0.22 acres from I-L (Light Industrial) to O-T (Old Town) for the existing residence at 608 W. 3rd Street. The applicant is requesting the subject property be rezoned so the existing single-family dwelling can be considered a conforming use in the zone (the I-L zone prohibits residential uses.) The site is located on the east side of West 3rd Street, just south of Broadway Avenue in Section 12, Township 3 North, Range 1 West. This site currently contains one existing residence and outbuilding. 2. SUMMARY RECOMMENDATION Staff recommends approval of RZ-06-002, as presented in the staff report for the hearing date of May 4, 2006 based on the Findings of Fact as listed in Exhibit C. Staff has included all comments and recommended actions in the attached Exhibit A. NOTE: Because this is only a rezone application, and no new development is being proposed, there are no conditions of approval. 3. PROPOSED MOTIONS Recommend Approval I move to recommend approval to the City Council of File Number RZ-06-002 as presented in the staff report for the hearing date of May 4, 2006, and the with the following changes to the staff report: (add any proposed modifications). Recommend Denial I move to recommend denial to the City Council of File Number RZ-06-002 as presented in the staff report for the hearing date of May 4, 2006, for the following reasons: (you must state specific reasons for denial. They should address how the applicant might re-do the application to gain your recommendation for approval). Continue I move to continue the public hearing for File Number RZ-06-002 to (date certain) for the following reason(s): (insert reason). 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 608 W. 3rd St./ East side of West 3rd Street, just south of Broadway Avenue in Section 12, Township 3 North, Range 1 West. b. Owner: Stan Lantz 1892 N. Monaco Way Meridian, Idaho 83642 c. Applicant: Stan Lantz 1892 N. Monaco Way Meridian, Idaho 83642 d. Representative: Stan Lantz, Owner e. Present Zoning: I-L f. Present Comprehensive Plan Designation: Old Town g. Description of Applicant's Request: Single-family residences are prohibited in the I-L zone. Therefore, the existing residence is a non-conforming structure. The applicant is applying to rezone the subject property so that the existing single-family residence will be in a conforming use. 5. PROCESS FACTS a. The subject application will in fact constitute a rezone as determined by City Ordinance. By reason of the provisions of UDC 11-5B-3, a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: April 17 and May 1, 2006 c. Radius notices mailed to properties within 300 feet on: April 14, 2006 d. Applicant posted notice on site by: April 24, 2006 6. LAND USE a. Existing Land Use(s): Single-family dwelling. b. Description of Character of Surrounding Area: Existing single-family dwellings and some nearby commercial uses, zoned I-L. c. Adjacent Land Use and Zoning: 1. North: Existing single family residence, zoned I-L. 2. East: Existing residences, zoned I-L. 3. South: Existing single family residence, zoned I-L. 4. West: Existing single family residence, zoned I-L. d. History of Previous Actions: The City recently approved, at the staff level, a property boundary adjustment between the subject property and the property to the north. e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: Already serviced Location of water: Already serviced Issues or concerns: None 2. Vegetation: NA 3. Flood plain: NA 4. Canals/Ditches Irrigation: None. 5. Hazards: None. 6. Proposed Zoning: O-T 7. Size of Property: 0.22 acres 7. COMMENTS MEETING On April 14, 2006 Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. No significant comments were received from any agencies or departments. Staff has included all comments and recommended actions in the attached Exhibit A. Because this is only a rezone application, there are no conditions of approval. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The Comprehensive Plan Future Land Use Map designates the property as “Old Town”, and it is currently zoned I-L. Old Town is defined as follows: “This includes the historic downtown and the true community center. Uses would include offices, retail and lodging, theatres, restaurants, and service retail for surrounding residents and visitors. A variety of residential uses could include reuse of existing buildings for residential uses, new construction of multi-family residential over ground floor retail or office uses. In order to provide and accommodate preservation of the historical character, specific design requirements may be imposed. Pedestrian amenities would be emphasized. Public investment to ensure that Old Town becomes a centralized activity center with public, cultural, and recreational structures would be encouraged. The boundary of the Old Town district predominantly follows Meridian’s historic plat boundaries. In several areas, both sides of a street were incorporated into the boundary to encourage similar uses and complimentary design of the facing houses and buildings.” Staff finds that the proposed Rezone complies with the applicable provisions of the Comprehensive Plan and furthers the goals and objectives set forth therein. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC Table 11-2D-1 lists single-family dwellings as a Permitted Use in the O-T zone. b. Purpose Statement of Zone: The purpose of the O-T 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. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation REZONE ANALYSIS: The applicant is requesting a rezone of this property, primarily because the existing single-family use is prohibited in the I-L zone. Most financial institutions will not finance a non-conforming use/property because if the structure is significantly damaged it can not be re-built. In order to re-build a home on this site, the zoning would have to conform to the uses listed in the UDC. The O-T zone is the zoning that is called for in this area that allows single-family homes. Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the existing structure with the Zoning Ordinance for O-T zoning, staff believes that the rezoning of this site to O-T is in the best interest of the City. Please see Exhibit C for detailed analysis of facts and findings. The rezone legal description submitted with the application (prepared on March 10, 2006 by Kenneth H. Cook, PLS) shows the property within the existing corporate boundary of the City of Meridian. Sanitary sewer and water service: The current residence is serviced by existing service lines to the City of Meridian’s domestic water and sewer systems. The condition of these services is unknown at this time. The applicant will be responsible for all costs associated with any sewer and water service extension or upgrade. Wells may only be used for non-domestic purposes such as landscape irrigation. All future re-development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. b. Staff Recommendation: Staff recommends approval of RZ-06-002 for 608 W. 3rd Street as presented in the staff report for the hearing date of May 4, 2006 based on the Findings of Fact as listed in Exhibit C. Staff has included all comments and recommended actions in the attached Exhibit A (because this is only a rezone application, there are no conditions of approval.) 11. EXHIBITS A. Agency and Department Comments 1. Planning Department 2. Public Works Department B. Legal Description C. Required Findings from Zoning Ordinance A. Agency and Department Comments 1. Planning Department The legal description prepared by Kenneth H. Cook, PLS, dated March 10, 2006 and submitted with the application is accurate and meets the requirements of the City of Meridian and State Tax Commission. All future uses on this site should comply with the provisions of the Unified Development Code in effect at the time of submittal. 2. Public Works Department 2.1 The current residence is serviced by existing service lines to the City of Meridian’s domestic water and sewer systems. The condition of these services is not known at this time. The applicant will be responsible for all costs associated with any sewer and water service extension or upgrade. Wells may only be used for non-domestic purposes such as landscape irrigation. B. Legal Description   C. Required Findings from Zoning Ordinance 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 and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone the subject property to O-T. Staff finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Staff finds that single-family dwellings are permitted within the requested zoning district of O-T. The existing single-family use conforms to the dimensional standards of the proposed zoning designation. Staff finds that the site is large enough to contain the required parking and landscaping. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Staff finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Staff finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site.