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Home My WebLink AboutStan Lantz RZ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 20, 2006 . RZ-06-002 Rezone of 0.22 acres from I-L (Light Industrial) to O-T (Old To~lo@itl~m: existing single-family residence, by Stan Lantz. :y er ~;;di~\ ~ \~~.~ ,IRO,. lIVED ~ oIj;1.!,-",~,!,;-",,!" 'r~ JUN 1 6 2006 STAFF REPORT TO: FROM: SUBJECT: Hearing Date: 6/20/2006 Mayor & City Council Caleb Hood, Current Planning Manager 608 W. 3rd Street Rezone for 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 Staffrecororoends approval ofRZ-06-002. as presented in the staff report for the hearing date ofMav 4. 2006 based on the Findings of Fact as listed in Exhibit C. Staff has included all cororoents and recororoended 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. The Meridian Plannine: and Zonine: Commission heard the item on Mav 4. 2006. At the public hearine: thev moved to recommend approval. a. Summary of Public Hearing: i. In favor: Stan Lantz ii. In opposition: None iii. Cororoenting: None iv. Staff presenting application: Caleb Hood v. Other staff cororoenting on application: None b. Key Issues of Discussion by Commission: i. None c. Key Commission Changes to Staff Recommendation: i. None d. Outstanding Issue(s) for City Council: i. None 3. PROPOSED MOTIONS Approval I move to approve File Number RZ-06-002 as presented in the staff report for the hearing date of June 20, 2006, with the following changes to the staff report: (add any proposed modifications). Denial I move to deny File Number RZ-06-002 as presented at the public hearing on June 20, 2006, for the following reasons: (you should state specific reasons for denial. They should address how the applicant might re-do the application to gain your recororoendation for approval). 608 W. 31'd Street Rezone for Stan Lantz - RZ-06-002 PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAff REPORT FOR THE HEARING DATE OF JUNE 20,2006 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. 31'd St./ East side of West 3rd Street, just south of Broadway Avenue in Section 12, Township 3 North, Range I 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 ofthe provisions ofUDC 11-5B-3, a public hearing is required before the City Council on this mattcr. b. Newspaper notifications published on: April17 and May 1, 2006 (for P & Z Commission hearing) and May 29 and June 12,2006 (for City Council hearing) c. Radius notices mailed to properties within 300 feet on: April 14, 2006 (for P & Z Commission hearing) and May 26,2006 (for City Council hearing) d. Applicant posted notice on site by: April 24, 2006 (for P & Z Commission hearing) and June 10,2006 (for City Council hearing) 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 cororoercial uses, zoned 1-1. c. Adjacent Land Use and Zoning: I. North: Existing single family residence, zoned 1-1. 608 W, 3rd Street Rezone for Stan Lantz - RZ-06-002 PAGEZ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 20, 2006 2. East: Existing residences, zoned 1-1. 3. South: Existing single family residence, zoned 1-1. 4. West: Existing single family residence, zoned 1-1. 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: 0- T 7. Size of Property: 0.22 acres 7. COMMENTS MEETING On April 14, 2006 Planning Staff held an agency cororoents 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 cororoents were received from any agencies or departments. Staff has included all comments and recororoended 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 1-1. Old Town is defined as follows: "This includes the historic downtown and the true COllllllwuty I,;t:ntt:r. Ust:s wuuld indudt: uffices, 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 accororoodate 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 obj ectives set forth therein. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC Table 11-2D-l lists single-family dwellings as a Permitted Use in the O-T zone. b. Purpose Statement of Zone: The purpose of the 0- T District is to accommodate and encourage further intensification of the historical city center in accord with the Meridian 608 W. 31'd Street Rezone for Stan Lantz - RZ-06-002 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 20,2006 Comprehensive Plan. The intent of the 0- 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 fmancial 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 0- T zoning, staff believes that the rezoning of this site to a-Tis in the best interest of the City. Please see Exhibit C for detailed analysis of facts and fmdings. 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 Recororoendation: Staff recommends approval ofRZ-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 cororoents and recororoended actions in the attached Exhibit A (because this is only a rezone application, there are no conditions of approval.) On Mav 4. 2006 the Plannine: & Zonine: Commission recommended approval of the subiect rezone. 11. EXHIBITS A. Agency and Department Cororoents I. Planning Department 2. Public Works Department B. Legal Description C. Required Findings from Zoning Ordinance 608 W. 3rd Street Rezone for Stan Lantz - RZ-06-002 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 20, 2006 A. Agency and Department Cororoents 1. PLANNING DEPARTMENT 1.1 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. 1.2 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. Exhibit A CITY OF MERIDIAN PLANNING DE:PARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 20, 2006 B. Legal Description RBZON"E LEGAL DESCRIPTION FOR STAN AND CAROL LANTZ FOR PARCEL 2 A Parcel ofland located in the Southwest 1/4 of Block. 5, West View Addition to the City of Meridian, located in the North 1/2 oftbe Southeast Yo of Section 12, Township 3. North" Range 1 W ~ Boise Meridian. City of Meridian. Ada CoUDtY. Idaho IID.d being f\.lrI:neT QeScribed as follows: . . Basis of Bet1rlng 7ie center liTll! otWell BrOQdway Avenue between ]" aNi lilt Slrul$, City of Meridian, Ada CQIUlIy, ldahc. tierJvedjromjowrd monume1lla and tob!n tIS South 89~5J '35" East. BBOINNINO at a point on the West line ofaaid Block S and from which the SouthMlst cor.ner of said Bloclc. 5 beaI1 South 00016'18" West a distance of50.01 feet and from which the center line l.ntersec6on pOint of West Broadway Avenue and 3rd S\:J'l:let bears North 05007' 16"West.a<li.s18iu\e of329.36feet, thence I.eavina said Weit line tbince North 88D57'lr West adis!lmce 000.00 feet to a pain/, on the ccntm IlneoOnl Street; thence along iaid ceirterlineand patallel with said West line Narth 00006'18" Fat a diataocc of 60.65 feet to a point; thcD:e leaving said ceotIlr l.ine South SS049'47" EastadJstaooe of 158.14 feet to a point on 1be East lliie of said Southwest l/4 of said Block 5; theince along said Eutline South 00"OS'06" West a distance of 60.31 feet; tbenoc leaving said Bast Iioe North 88D51'13" W~t acllatanee of 128.15 feet to the POoo OF BEGINNING. Said PucelOOD.taining 9.563 aq~ rector 0.220~ rttorcor less and is subject to all existiug eAsemr.:nw awl rigbts-of-WBlll ofrecord or implied. BND OF DESCRlPTION. Keumth H. Cook. PLS.9895 TimbltrUne Surveying 35 14th Aw.South Nampll,. Idaho 83651 ~' ; - fYt. hlERlDlAN f'1l8\..I<= WOPKS DI:PT - . U;\T8-4$ AACHI'IBD JOIlS'D32I. LANaI! BOlINDARY UNIl ADJUSl'MeN'r'iLANCll ,~QALS\ANNEX LBOAL U9!.'fCwTlON 1'.utCIlL 1"" . Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 20,2006 - - --"-Wf1\- -j~ - --"'"..=---- - --'~~'- -- ,--m-..-r----- I 11 I - - - ~ I - - iii'tr-I ~~!!A!:. ~---..-v - -. - 1 I r - -- urB".'L- - : I ' ). I I ... I ... I i I; I.. iI1 lis : ' I"' _ 1 I I l~ ~ I I ~ I" ~ I ,I !~ ~, , I. 1 -I I I II ~ I II I I BW(J( ~ '~I :0; . I ~I ~~"'-:i- A~~16~ ~ I J ~ I ~)J~ II MERIDIAN flit :,r-N".ii5:r..:.'uuiF.-J .i! l ~~1~61 -~~'._..-1---~---l~~ I' ~ BLOClO 1 II ~I ' JM. ANDIlIlSON'S I . I , I.. I S!COND ADOmON 1 r -1...................-..1. I I I : I VS;-"\ ~"c:~ llil ~! I II I I ~.... ~_ III" ~ I I I r' J-...~*=-wr..~. : I : t I Ii -I. ' I J ~I I ~--------__ . . ___. - - - "'I'- .. fiR7~~ iii:4r -l&.J!' - - - ~ ~ .....1 .. UNION PAOI'1C Il.AII..kOAD . Bf{,~~' REZONE FOR PARCEL 2"1eRltIIAN PUBUC WORM oeFT. " POR'OON or 1t!E \11m '/2 or BUlQC 6 tI VtEST VIEW ADilmoN TO fItfRIlW\ " PORIJON. OF nE NDRnf 1/2. OF Tl€ ~ OF SCClnllN 12. 1O\\1IIliHP 3 NOfmI. MU 1 WEST. ,Jot.. CII'Y rE AM COl.lNl'Y, l\lI'oHO -2lXl8- J~=80; P/.D UUXlI nrYB A8l1 'Kl an tlllllfMH 1\4IlRl'DlAl'(, ItltAlfO 0WWIIl~ STAN LANTZ 1892 N: MONACO ~~ . grA.N Utom: oa4.GOl . IJoNtt IIGIIIITI DWG T~ SUlWEYING '!#r 14TH'" LANIZ PROPERTY DISPLAY MAP Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 20,2006 C. Required Findings from Zoning Ordinance I. 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. Council 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; Council fmds 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. Council 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; Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. The Commission and Council should 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, hut not limited to, school districts; and, 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. Exhibit C