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Home My WebLink About608 W. Street Rezone for Stan Lantz RZ-06-002 ~. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER RECEIVED JUL 0 6 2006 ~'-t Meridian '.. '. rk Office c::M'e;;di~n."; \ ILl.\IiO i \0 r ,0;,..... I'. ~,I,:~" ." -,"..~ -1- .,,".~.'..... ~--".~ III" <<t"WI ",,,,,,~,.._... ,~" ---.." ....--' iMI In the Matter of Rezoning to 0- T (Old Town) for 0.22 acres of property currently zoned 1- L (Light Industrial) within the City of Meridian by Stan Lantz Case No(s). RZ-06-002 For the City Council Hearing Date of: July 11, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of June 22, 2006, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of June 22, 2006, incorporated by reference) 3. Application and Property Facts (scc attached Staff Report for the hearing date of June 22, 2006, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of June 22, 2006 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 August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code S Il-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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-06-002 " 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. Thallhlj 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 Planning Department, the Public Works Department and any affcctcd party requesting notice. 7. That this approval is subject to the Legal Description, and any Conditions of Approval in the attached Staff Report for the hearing date of June 22, 2006, incorporated by reference. The conditions are concluded to be 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 S 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 Rezoning, as evidenced by having submitted the Rezone Application, is hereby approved; and, 2. The provisions of approval are as shown in the attached Staff Report for the hearing date of June 22, 2006 incorporated by reference. D. Attached: Staff Report for the hearing date of June 22, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-06-002 .. By action of the City Council at its regular meeling hdd un the J'~ ,2006. II-/!:; day of COUNCIL MEMBER SHAUN WARDLE VOTED ~ VOTED~ VOTED~ VOTED~ COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD VOTED - Copy served upon: ~ de WEERD ATTEST: BY~"LI'- . Clerk's Office Dated: -,.' ~ .O~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-06-002 CITY Of MERIDIAN PLANNING DEPARTMENT STAff REPORT FOR TI.IE HEARING DATE Of JUNE 22, 2006 STAFF REPORT TO: FROM: SUBJECT: Hearing Date: 6/22/2006 Mayor & City Council Caleb Hood, Current Planning Manager 608 W. 3rd Street Rezone for Stan Lantz cUe;idi~n '--.;,~ I' Y ,,/ 'Yfril I '~ ~, ~~~~tit " '- ,,"" "'~.l ""..,;,,",, .~IO!~~ lD.'i-K' . RZ-06~002 Rezone of 0.22 acres froml-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. 3rt! Street. The applicant is requesting the subject property be rezoned so the existing single~family 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 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. The Meridian Planninl! and Zonine: Commission heard the item on Mav 4. 2006. At the public hearinl! thev moved to recommend approval. a. Summary of Public Hearing: i. In favor: Stan Lantz ii. In opposition: None iii, Commenting: None iv. Staff presenting application: Caleb Hood v. Other staff commenting on application: None b. Key Issues of Discussion by Commission: i. None c. Key Commission Changes to Staff Recommendation: 1. 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 puhlic hearing on .Tune 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 recommendation for approval). 608 W. 3'd Street Rezone for Stan Lantz - RZ-06~002 PAGEl ,-' CITY OF MERIDIAN PLANNING DEPARTMENT STAff REPORT fOR TIlE HEARING DATE OF JUNE 22, 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. 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 R1642 c. Applicant: Stan Lantz 1892 N. Monaco Way Meridian, Idaho 83642 d. RepreRentative: Stan T ,antz, 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 confonning use. 5. PROCESS FACTS a. The subject application will in fact constitute a rezone as detennined by City Ordinance. By reason of the provisions ofUDC 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 (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 commercial uses, zoned I-L. c. Adjacent Land Use and Zoning: 1. North: Existing single family residence, zoned I-L. 608 W. 3rd Street Rezone for Stan Lantz - RZ-06-002 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 22,2006 2. East: Existing residences, zoned I-L. 3. South: Existing single family residence, zoned T.L. 4. West: Existing single family residence, zoned I-L. d. History of Previous Actions: The City recently approved, at the stafflevel, 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 [mds 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-l lists single-family dwellings as a Permitted Use in the 0- 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 608 w. yd Street Rezone for Stan Lantz RZ-06-002 PAGE 3 CITY 01' MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TIlE HEARING DATE OF JUNE 22.2006 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 inten!';ity of acti viti e!'; nece!';!';ary to e!';tahli!';h a truly urhan 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 [mance 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 0- 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 ofR7.r-06-002 for 608 W. Jrd 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.) On Mav 4. 2006 the Planninl! & Zonin!! Commission recommended approval of the subiect rezone. 11. EXHmITS A. Agency and Department Comments 1. Planning Department 2. Public Works Department B. Legal Description C. Required Findings from Zoning Ordinance 608 W. 3'd Street Rezone for Stan Lantz - RZ-06-002 CITY 01' MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 22, 2006 A. Agency and Department Comments 1. PLANNING DEPARTMl;NT 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 DEPARTMENT STAFF REPORT FOR THE HEARING DATe 01' JUNE 22. 2006 B. Legal Description REZONE LEGAL DESCRIP'ITON FOR 8T AN AND CAROL LANTZ FOR PARCa 2 A Parcel of land Jocated in the Southwest 1/4 of BlOck 5, West View Addition to the City of Meridian, located in the North 1/2 oftbe Southeast Y4 of Section 12; Township 3 North. Range 1 West, Boise Meridian. City of Meridian, Ada Couuty. Idaho and being further described as follows: BlUU of Bearing TM Ct1l1lCl' li~ of W'st BrO(l(/way A\IDDIe between rand Jp- Streets, City of Meridian, AdD Calmly, Idaho, .rmdfromfcTluullllOPfWnerlls and tab!rr as. Sollth 89053 '35" East. BEGINNING at a point on the West line of said Block 5 and from which the Southwest MD1eT of said Block 5 bears South 00"16.18- WeStadilltam:e of~O.OI feet Bnd trom which. the c.enter line intersection point of West Broadway A venue and In! Stroot hears North 05"07' 16" West a distanoe of329.36 feet, thence leavina said West tine thenteNortb 88"57')3. We.at adi8taDce of30.00 feet 10 B poinl on the center line or3n1 Street; th.enc:e along said center line and pamllel with said West line North 00"06'18" East a distBnce of 60.65. reet to a. point; thenc.e leaving said center tine South 88"49'47" East acUstaDCC of 158.14 feet to a point on the East line of said SouthWDllt 114 of said Block 5; tbenr;:e along Mid Eut line South OO"()S'()6~ West a dilrtarxc of 60.3 I feet; tbclnoe leaving said Ealrt line North 88"51'13" West a distance of 128.15 fcetto the POINT Of BEGINNING. Said Parcel containing 9.563 square feet or 0.220 8t:Rl8, more or less and is 8ubject to all existing easements and rigbt&.of-waysof m:oro or implied. END OF DESCRlPTION. Kenneth H. Cook. PLS 9895 T~ Surveying 35 14th Ave. South Namps, Idaho 83651 ~.. MERI[JIAN HJ81..1C WOR~5 OEI'T U:\TS-(J, AIlCHIVIlD JOBS~21. t.A)lCE aoUNDARY LOO! ADJUlITMeNT\LANCl!. ~OALSWiNtX Ul(w' DESCJUP1'IOl';' plUtaL 2.iloe Exhibit B , CITY OF MERIDIAN PLANNING DEPARTMENT STAff REPORT FOR THE HEARING DATE OF JUNE n. 2006 - - --UJr1~- -..1 - - -----;.w:- - - - ~ -'4~'- ~7"" ~ - "_ _ _ l~'" 1 I ---I I ( ~- ,rur.$!f!!l1'!!...i~~L___"_. I --.-~.....! I I"""" r 'f1.1lT ---T-- I I I I I .. ' .. I j I mr~ I.. :Ii :i$ l · I'" 'II! I I I !~ Z I I ~ r"' ~ I :1 r~ @ I III , I I I I 18 ~ I II I Bl()Q( ~, :0; ~ r ~;.r-"""'-~i ^:E:ro! ~._"..~~ ! ill ,! ~"'~ ~~,L- -- ~ ....._-:~ .-- - ~ -- -. i ,", BIJ:lOl: 2 ~ II ~ I :I J-M ANDIllU1ON'S "tAa'R'..I: -... I, /.. I I liECONOADOmON I r 'J . -'-"-"1"' I I l . ~\ ~~<>u ~i $j'! I I~ I I '-'1--- '~:..tL III" 61 I I I ~. t"'M9i'.-=-r"~" : I : : I I_ ~! I I --.l _ ~., - - -1Il'L Ii IiirUl'l~ iiiiUr -JII!J!'. _ _ _ ~. - -- -- - - -- -. - " .. UNION PACIPlC RAlut.OAD . e~~~' REZONE FOR PARCEL ~EinIDIA'" PU""''' WORKS DEPT. A POR'IlOtI ~ 1l1E VlESr 1/2 or BlDClC 5 .. WEsT ViEW NXm:lN TO IIERlDIIiN, A PORl1ON Of TH&: NORfH 1/2. or 'Ii€ sotI1'HWr 1/4, Of seoftIN 12. . 1DIN!lKP :3 NCmN, RAICE 1 WEst, B..... CIlY Of ~ Ill>>. COUlm'. lIW<<l -2OCI8- I~% 80' mtJ UIlIIlIl\'!fI'IUI.Il ro an (lWIDfAN MIlRlI)I4N. roAHo ~ srAN LAN'I'Z 1892 N. MONACO ~~1II~ LANTZ PROPERTY DISPLAY MAP . LANtZ ElCHIIIrr OWe T~ Sllll.VEY1NC n.. UJAHeJ a-. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STArr REPORT rOR THE HEARING DATE Of JUNE 22,2006 C. Required Findings from Zoning Ordinance 1. Rezone Findillg~; 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 0-'1'. Council tinds 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 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. 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, but 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