HomeMy WebLinkAboutStan Lantz RZ
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
RECEIVED
JUL 0 6 2006
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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 (see 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. g67-6503).
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
II-SA.
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
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5. It is found public facilities and services required by the proposed development will not
impose expense upon the public ifthe attached conditions of approval are imposed.
6. That the 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 affected
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
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By action of the City Council at its rljgular mljljting held on the
.J'td~ ' 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
MA YOR TAMMY de WEERD
VOTED -
ATTEST:
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Copy served upon:
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Dated: -, - , 15 - OlLl
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 THE HEARING DATE OF JUNE 22, 2006
STAFF REPORT
TO:
FROM:
SUBJECT:
Hearing Date: 6/22/2006
Mayor & City Council
Caleb Hood, Current Planning Manager
tiOR W. 3rd Street Rezone for Stan Lantz
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. 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
n:(,;ummended 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 hearioe: they 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:
i. None
d. Outstanding lssue(s) tor 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 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 recommendation for approval).
608 w. 3rd Street Rezone for Stan Lantz RZ-06-002
PAGE 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TIlE HEARING DATE 01' 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 83642
c. Applicant:
Stan Lantz
1892 N. Monaco Way
Meridian, Idaho 83642
d. Representative: Stan Lantz, Owner
e. Present Zoning: I-L
1". 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 tact constitute a rezone as determined 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.
e. 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 or 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 I-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 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-I 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
608 W. 3rd Street Rezone for Stan Lantz - RZ-06-002
PAGE 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAff REPORT rOR TIlE IlEARING DATE or 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 intensity of activities necessary to efltahliflh 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-confonning 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 0- 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
uf 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.)
On Mav 4. 2006 the Planning: & Zoning: Commission recommended annroval 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. 3rd Street Rezone for Stan Lantz - RZ-06-002
PAGE 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAff REPORT FOR THE HEARING DATE OF JUNE 22. 2006
A. Agency and Department Comments
1. PLANNING DJ!:t'AKTMJ!: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 A11 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 OF JUNE 22. 2006
B. Legal Description
REZONELEGALDESC~ON
FOR STAN AND CAROL LANfZ
FOR PARCEL 2
A Parcel of land located in the SQuthwest 114 of Block 5, West View Addition to the City
ofMeridian.loeated in the North 1/2 of the Southeast Yo ofScction 12; Township 3
North, Range 1 West, Boille Meridian, City of Meridian, Ada County, Idaho and being
further described as follows:
BtlJU of RIOTing
The center line af W'8t Broadway Alienus between rand />1. StrlfefS, City oj Meridian,
Ado CQunty, Idaho. .rtvedfromfowrJ monumefUs and catenas South 89"53 '35" East.
BEGINNING at a point on the Weat lilX of said Block 5 and from which the Southwest
oomer- of said Block 5 bears Sauth 00016' [8" West a distance of50.0l feet and from
which the center line intersection point of West Broadway Avenue and 3rd Stmel: bears
North 05007'16" West a distance af329.36 feet, tbence leaving said West line .
thenoe North 88"57'13- W.. adi:rtlml;:c af3Q.00 feet W Bpolnt on the center line oOnl
Street;
thence along said center line and plU'8l1el with said West tine North 00006'18" East a
disbmoo of 60.6S feet to a point;
thence leaving said. center Line South 88049'4r East a dbbmce of 158.14 feet to a point
on the East line of said Southwest 1/4 of said Block 5:
thence along Mid Eall! line South OOgOS'lJ6" West... d.i8tance of 60.31 fee~
thence leaving lIllid East line North 811"51'13" West a distance of 128.15 ftlCtto the
POINT Of BEGINNING.
Wd Parcel containing 9,563 sq~ feet or 0.220 aaea, mon: or leu and ill 8ubject to all
existing easemem:a and rigbt&-of-waysi>freoord OJ implied.
END OF DESCRIPTION.
Kenneth H. Cook, PiS 9895
Timbetlme Surveying
:35 14th Ave. South
Nampa, Idaho 83651
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Exhibit B
CITY or MERIDIAN PLANNING DEPARTMENT STAff REPORT fOR THE HEARING DATE OF JUNE 22, 2006
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A l'ORllON OF' la: NDImI 1/2, OF M 8CIlIOlt"Alir 1/.. Of SECTDI '2.
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STAN LANTZ
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DISPLAY MAP
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFf REPORT fOR T~IE HEARING DATE OF JUNE 22, 2006
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. 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, ofthe
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