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HomeMy WebLinkAboutStan Lantz RZ May 1, 2006 MERIDIAN PLANNING & ZONING MEEfING APPLICANT Stan Lantz RZ 06-002 May 4, 2006 ITEM NO. 14 REQUEST Public Hearing - Request for a Rezone of 0.22 acres from I-L (light industrial) to O-T (Old Town) zones for Stan Lantz - 608 West 3rd Street AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS'IRRIGATlON: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: See Affidavit of Posting Contacted: Emailed: See Attached Staff Report & 0{'-) ~~ t-~~ (t>.f V ~ ~ t; xC Date: Phone: Staff Initials: Materials presented at public meeflngs shall become property of the City of Meridian. STAFF REPORT TO: FROM: SUBJECT: CITY 00 MERIDIAN PLANNINO DEPARTMENT SIAFF REPOU OOR THE .EARlNO OATRE OE IVED ~!I1i 8, 2006 ctt;_'~~W~~~ I..).\.HO ~ \; J' "~f' /, ~~("" ", --../' ';s.!/j.. '.. "do".'" .":-r~..!14Ii"y..1 ..,)_~_II':.' F ~"="'t., , 1911.. Hearing Date: 5/412006 Planning &. Zoning Commission Caleb Hood, Current Planning Manager 608 W. 3rd Street RezDne for Stan Lantz . RZ-06-002 Rezone of 0.22 acres from I-L (Light Industrial) to 0- T (Old Town) for an existing singlewfamily residence, by Stan Lantz. 1. SUMMARY DESCRlPTION OF APPUCANT'S REQUEST The applicant, Stan Lantz, has applied for a Rezone (RZ) of 0,22 acres from I-L (Light Industrial) to 0- T (Old Town) for the existing residence at 608 W. 3M Street. The applicant is requesting the subject property be rezoned so the existing singl~fami1y dwelling can be considered a confonning use in the zone (the I-L zone prohibits residential uses.) The site is located on the east side of West 3M 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 aooroval of RZ-06-002. as presented in the staff report for the hearing date of Mav 4. 2006 based on the Findin@! 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 Recommead Approval I move to recommend approval to the City Council of File Number RZ-06-002 as presented in the staffreport for the hearing date of May 4,2006, and the with the following changes to the staff report: (add any proposed modifications). RecommeDd DeDIal J 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). CODtinue I move to continue the public hearing for File Number RZ-06-002 to (date certain) for the following reason(s): (insert reason). 4. APPUCATION AND PROPERTY FACTS a. Site AddresslLocation: 608 W. 3M StJ East side of West 3rd Street, just south of Broadway Avenue in Section 12, Township 3 North, Range I West. b. Owner: Stan Lantz 608 W. 3rd Street Rezone for Stan Lantz - RZ-06-OO2 PAGE 1 CITY OF MEIUDIAN PLANNING DEPARTMENT STAFF REPORT 'OR TH8 HEAR.ING DATB OF MAY 4. 2006 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 1lequest: Single-family residences are prohibited in the I-L zone. Therefore, the existing residence is a non-confoI1Din.g 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 FACfS , a. The subject application will in fact constitute a rezone as determined by City Ordinance. By reason of the provisions ofUDC 11-58-3, a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: April 17 and May I, 2006 c. Radius notices mailed to properties within 300 feet on: April 14, 2006 d. Appliwn 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, zonecll-L. c. Adjaceot 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 Actiona; The City recently approved, at the staff level, a property boundary acljustmcnt between the subject property and the property to the north. e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: Location of water: Issues or concerns: 2. Vegetation: NA Already serviced Already serviced None 608 W. 3rd Street Rezone for Stan Lantz - RZ-06-002 PAGE 2 CITY OF MSRIDIAN PLANNING DEPARTMENT STAFF REPOR.T FOR THE HEARING DATS OF MAY 4.2006 3. Flood plain: NA 4. CanalslDitches Irrigation: None. S. 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 comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Publio Works Department, and the Sanitary Services Company. No significant comments were received from auy agencies or departments. Staff bas included all cnmnvmts 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 cUITeIltly zoned I-L. Old Town is defined u follows: "This includes the historic downtown and the true comm1Jmty 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 a<:tivity 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 sidet of a street were incorporated into the boundary to encourage similar uses and comp1imentaty 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 11-20-1 lists single-family dwellings as a Permitted Use in the 0- T zone. b. Pwpose Statement of Zone: The JJUIPOse of the 0- T District is to accommodate and encourage further intensification of the historical oity center in accord with the Meridian 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, fin$ln~ia1 and recreatioual 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 w-ban city center. 10. ANALYSIS a, Analysis ofFaots Leading to StaffRecommll11dation REZONE ANALYSIS: The applicant is requesting a rezone oftbis 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 ().. T zone is the zoning that is caUed for in this area that allows single- family homes. fiOR W ,\N Rtmrlt Rl:Mne fnr Shin T .ant7. - R7.-M-002 PAGE 3 CITY OF MBfUDIAN PLANNING DSPARTMENT STAFF REPORT fOR THE HEARING DATE OF MAY 4.2006 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 0- T is in the best interest of the City. Please see Exhibit C for detailed analysis of facts and tindirlgs. 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 futwe re-development of the subject property shall be CODStIucted in accordance with City of Meridian oldinances 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 detrimeotal to any persons, property or the general welfare by ICaSQn of excessive production of traffic, noise, smoke, fumes, glare or odors. b. Staff Recommen.dation: Staft'recomme.ds 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 Usted iD EDibit C. Staff' has included aU comments and recommended actions in the attached Exhibit A (because this is only a rezone application, there are no conditions of approval.) 11. EXBIBITS A. Agency and Department Comments 1. Planning Department 2. Public Works Department B. Legal Description C. Required Findings from Zoning Ordinance MJI W 11'4 ~fW'IIot Q___ftw' 'It.... r .."t..._1:P7~il4.1l/'\") ft"'''--n A CITY OF WEIUDIAN PLANNINO DBPARTMENT STAFf REPORT FOR THE HEARING DATE OF MAY 4. 2006 A Agency and Department Commeots 1. PLANNING DEPAkTMENT 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. Z. 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~omestic PUIpOses such as landscape irrigation. Exhibit A CITY Of M81UDIAN PLANNING DSPARTMKNT STAFF UPO!lT FOR. THE HSAllINO DATB OF MAY .t. 2006 B. Legal Description lU!ZONE I.BGAL DESCIUl'110N FOR STAN AND CAROL J.J.N"J7. POl PAR.CEL 2 A Pan:d of Iaad located in II>> Southwest 114 of Bld S. W_ View Addition to the City ofMaidiaD. 10Cllcd. iD 1be North In oflbc SoudIBut ~ of Secticln 12, Township 3 Nortb,,1tange I West. Boise Meddian. Ci~ ofMftidiaD, Ada Call1lty, Idaho md being funber described as follows: BIirsi8 of Bearfltg 1k I%1fMr Ibre. O/W,., ~.4Nml8 betweQ:r tI1Id /" Strnll. City oJ MutdIan, ... COfO'IIJ', ldDIto. .'wd,/i'um/atllltl1lltJlllllRJMl8 rwJ **"", SofIIh 89053 '15" &st. BSOINNlNO at. poi_ OD the West 1_ of said BIoclc. S eel &om whicb 1bI: Southwest coaaer of said Block S bean SoudI 000 16' IS" West a diIIIIDce of 50.01 tecr end fiom wbich Ihc ~ line iDtolIIdioa point ~Wesl Broadway Avenue and ].. Srn:et bear5 Nelda 05007') r 11. . ___ Qf~29.36 f'ca, tta.mce.lclavinc aid WeSt I~ 1beDIz North 88051'110 Wat a c1iItaoce or 30.00 feet Ia a .... on Ox ccn\er line of3.... Stnlet; dwacc IlbIg llIid certter liDe and parallel with said West line North OOClO6'18" F_ a ~ of 60.65 feet to. poim; . u.aac IefINiDI said cenrcr UDD South 8r49'4r East a d.istioDo 01158.14 fa1: 10 a point CIIltDe 2ut 1iae ofuid ScHiIMW 1/4 of Aid BlockS; tballle afOUl IIid But line South 00"05'060 West II diDPco of 60.31 feet:. tbaaoc i_viDa said But liI18:North 88057'13" WeIlla.dilUllD of IU.iS fbetto the POINT Of .BEGINNINC. s.id JWccl oontri~ll 9.563 ~ feet 01 0.220 IlA1lI, 1DDnlI. _1IPlI is subject 1D all exiIdDg ~ and rigbIHd'~ ofneord 01' impljed. END OF DHSClUPTlOK. lCemMrth H. C09k. PLS 9895 TaaberliDe SwwyiDg 35 14th Ave. South NlaDpa. ld8bo 83M) ~. .'''l'CIPIAN ~'\laI,.\C """ tNORKS Oe;.H U\\1M AllQlJY8DJOONnl. \.AICIIlOtMMY l.Da AIWatMDl1'\1.AlllCe, ~~'U t.IIOAL PfIlClUP noN ,AJCIjU..dac Exhibit 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 4. 2006 ---.r~--"T- - --.rr--~---'-~f~--__ _ ____ '1 ' ~---, I ( ~- '=--'~.!:;~e!L_.__.__, ~r - - 1 r - ..~ 10;- - - -I I I I . , ' I I. ' . I i .It I ~ .. , ~ ri I ! i il t ~ ,- ~ I ,. r~ ;. /. ) 81.00s.s ',' I I! rot r....- '''WW:W- WI5TVUiW It ~ I .. I ADOJ'nON TO II I , i'IL__.... _ __.__~~_,." .r-#:iM1:iF..:..~--1 1'.I"I~I~ 'ii'i~ J. I~ ,'! ~ 1 ~I II J.M. MDIlllSON'S "tA-"-" I.. I D!l:lONn ADOITlQN f ~:;L~"-"Ji .' i ~ I ~ ~ 'ft~.. lit.. III I I ~. J... "1__*::-.......~. : I : ' o il __ ~ I ~_____~___ ...... - - - .liirii"Ir:.... ....AIr _ _ _ ~' .-.. .. UNION '''ClPIC I\AI'....OAD S~~. .~.. I i t Ie i I , I I I -.J REZONE FOR PARCEl 2"'e"JDIAN PUIll.lC \"o'O<(I\S Den A I'CIRIIDN IF 1Ht... 1/2 Of" II.aac I N lIESr.. ADIllJDl 'IU ..... ~PaRIDt OF M JIIIIIH tll. ClF TME ~ IF SIClIDt '2- '- 3 NDInII, IWIlE 1 tiIlSt. .... en CF ADi\ CI2lMIY, IWtO --- I" >=80' ; PBlIUm:'...lJcmll"'~ \dIalD1AII.1IMMO -.......- ttAN lAN'l7. JA92 N. MONACO -~1Ifmn F.xhihi. R LANIz PROPERTY DISPI.A Y MAP ~ SU:Rvn-tNc -.... ,,-^'.- .., ST AN LAI'fi'Z tHQt.Glll UNn IXIfIBl'I I:IWC CITY OF MERIDIAN PLANNING DBPARTMBNT STAFF J\f:POR.T FOR THE HEARING DATE OF MAY 4,2006 C. Required Findings from Zoning Ordinance I. Rezone Findings: Upon reeommendation from the CoDUDiSlion, the Couell sb.allmake a full investigadon aad shaD, at the public hearing, review the appDado... In order to grant an annexation and/or rezone, the Council shaD make the foUowing findings: 1. The map amendment complies with the applicable provisions ofthe comprehensive plan; The applicant is proposing to zone the subject property to 0- 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 wkh the regulatloDl outlined for the proposed district, spedfieaDy 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 shaR not be materially detrimeIIta1 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 recommP.nds that the Commission and Council rely on any oral or written testimony that may be provided when detennining this finding. 4. TIle map amendment 8haII Dot result in an advene impact upon the delivery of services by any poHtlcal subdivilion provicUag pubBe services within the City , lneIuding, 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. Exhibit C Ma y, 4. 2006. 8: 26AM 1- -... ()~ ~ (. 'I !i// lie .9(-+' ~ ,-./ ft '2.... No, 4406 P. 1 ,D~l rnt:J 5--4, .' -LTemtJo. /~ ()_~ _~t?n-fifRE~MD MAY 0 ~ 2006 C!ty Of Meridian City Clerk Office .D<'tlYL.. ~'; It S ~ 1- ;,<-flort..f I'll tVo;M.,,'j "'I/~ cd/or' f;Y2., {J( ~ e. L v rV~" f(L(j~ r. -- L TO () ,- T' ("old 1""cw;v) i?\ 7- !oaf VfS:f-. S rL) S l' '} q~.{ f 1i"YL- 1- I · ( '1, lAY') '( /A S e. 5 ~tvduz.. S IA // 0 YL + f VI. f IA r(' -2. CO 1~11"'t ~ ;2 ( " a- ( tJ - I) /,.- '7 ~ /5 fV-e () /1 (0 Ie h () Q I a {l. e. QI.. l .1 hawu y~' q,r~LtU(Y / ~),h~ J aY"l~ 5 > I C ?( /v../ ~ s () Lv ( '3 ~if( S +- ,. ('1 e ~1.j ,/ tl( r/ ) 1- () 'i 3 6 ~ ').... MAY 104 '106 09:51 PAGE. Ell CITY OF MERIDIAN PUBLIC HEARING SIGN-UP SHEET DATE May 4, 2006 ITEM # 14 PROJECT NUMBER RZ 06-002 PROJECT NAME Stan Lantz Rezone f\!AME (P):,EA~ PRINT) FOR AGAINST NEUTRAL i~/t1L~ Jil,,, 7? - X ~ ~ ,- -'TO'."..., 11 ,I\,,e., I . ..........- f'\nnl" M/'.l q, LVI.":'" ...:... ~ . "an CitY Clerk Office G-I~~ ~~~E~FTATRARRITACMl~JN~ CENTRAL DISTRICT HEALTH DEPARTMENT ... Environmental Health Division Je. e-f--; 0 V\ ( J... RECEIVED MAYO 1 2UU6 City Of Meridian Ulty Clerk Offict; Rezone # (<2- Ofo - 00'2 Conditional Use # Preliminary / Final/Short Plat Return to: o Boise DEagle o Garden City .sMeridian o Kuna OACZ o Star ~ 02. 03. 04. 05. 06. 07. Os. 09. We have No Objections to this Proposal. We recommend Denial of this Proposal. ." - We will require more data concerning soil conditions on this Proposal before we can comment. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: o high seasonal ground water 0 waste flow characteristics o or bedrock from original grade 0 other This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. After written approval from appropriate entities are submitted, we can approve this proposal for: o central sewage 0 community sewage system 0 community water well o interim sewage 0 central water o individual sewage 0 individual water The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: o central sewage o sewage dry lines o community sewage system o central water o community water 0"10. Ru"n-off is not to. create a -mosquito breeding problem. o 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. o 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. o 13. We will require plans be submitted for a plan review for any: o food establishment 0 swimming pools or spas o beverage establishment 0 grocery store o child care center o 14. Please see attached stormwater management recommendations o 15. 15726.001 EH0904 Reviewed By: / .. 1')( COFIFWlT l~ REPCRT ** MTE TIrE 1'OIFROM B3 84/24 13:46 P-FN>-Z ------- On April 20. 2006, I . S1Ia Laa12 poItId re-amiug of 608 W. 311I . S. Laa1z :.,\. m, """1). ~>1-"~""l .t. I.oti!'",,, .;t....fI " . . . . . '. v:s; ~ ~ v- .. '..__ ,:; .. ....01A.... '. ~ - I ~ ._ = : ..... : 5- ...." . ~ ... ""'.... ; ". PUIL\v .. ~ ~ ... ..- I "# ~ ..,." ,,~ '-'Ii-,,,....,.. IfF 'O~"...,.... ""''''''''\'~ RECEIYED APR 2 ~ _ CITY OF MERIDIAN CITY CLERK OFFICE ~ . It. ~ I. . . , ro. , .,1 "-:\.'- ......... AS CF ~ 24 'EllS 13:48 PAGE.a1 CITY t:F /'ERIDI~ /1)rE I1IN-'SEC PGS 0'11* STFln.JS EC-S 02'1!12" BB2 0BEl (J( sip for.. pubJic JaeaDaa tehedu1ed for the the Ci1;y otMelidlaa. PJaaDiDg~. -~ .Dale ~-~ ....- "Jo. Cc 4lf> Q5~ "H.ec..1i Ilj ~ ?(~ /or" On April 20, 2006, I , Stan Lantz posted re-zoning of 608 W.)1d .. I Stan Lan1z \\",,'tl"II"1 ~......,\ f1t.'<(. J. Lotl'"" ~ .:11.'0 . . 0 00 O'L ~ ~ ~.. .. 7 ~ ~..,. .0 .AD o. ~ ~ .. ....0., ~., 00 ':. ~ ...... .- .... . .. =.---.: tIIIII. . .. ... ^.... ~ '. PUBt.\. : $ ~.II ... ~ ~ ~ .... 00 oJoO~ "'1,,"'1'. O'F \O~,,'Io~ , ""UI'''\\\ RECEIVED APR24m CITY OF MERIDIAN CITY CLERK OFFrCE '.', ".1 t. +, .,- . :'.' : .... ", . . ~.. I I ,"". 'I.... ,', \.. sign for the publie hearing seheduled for the the City of Meridians PJanning Department.. ~~ --- ~ ."......- 4\e\o. ,'CD -8l-p CB~ -/-kG.rc/lj ~ l:j (t.f I Ofp