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HomeMy WebLinkAboutCC - Commission Recommendation and Staff Report 10-17 STAFF REPORT czw w IDIAN=-- COMMUNITY DEVELOPMENT DEPARTMENT HEARING October 17,2023 rL�e tgend 0 DATE: !Project Location E-FA I R'V'I EW =A V�Ew� TO: Mayor and City Council � f FROM: Stacy Hersh,Associate Planner oi 208-884-5533 SUBJECT: Petsche Rezone N H-2023-0039 Z- o a W LOCATION: 1508 N. Meridian Road(Parcel z #R6129020611) z �° . 1 Uri �. I. PROJECT DESCRIPTION - Request to rezone 0.60 acres of land from the C-C zoning district to the O-T zoning district for the purpose of remodeling the existing detached garage and transitioning the property's current existing single-family detached residential use from non-conforming to conforming. A. Project Summary Description Details Page Acreage Rezone-0.60 Future Land Use Designation Old Town Existing Land Use(s) Single-family residential Proposed Land Use(s) Single-family residential Lots(#and type;bldg./common) 1 lot Phasing Plan(#of phases) NA Physical Features(waterways, No unique physical features hazards,flood plain,hillside) Neighborhood meeting date;#of June 13,2023 attendees: History(previous approvals) None Pagel B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD Commission No Action(yes/no) Access(Arterial/Collectors/State Access occurs from N.Meridian Road Hwy/Local)(Existing and Proposed) Stub Street/Interconnectivity/Cross I Access Existing Road Network Existing Arterial Sidewalks/ Buffers Proposed Road Improvements No road improvements are required. Fire Service No comments Police Service No comments Wastewater • Comments • No changes to public sewer infrastructure shown in records.Any changes need to be approved by public works. Water Distance to Water Services • No changes to public water infrastructure shown in records.Any changes need to be approved by public works. C. Project Area Maps Future Land Use Map Aerial Map Legend Commercial0 Legend Project Location Pro'ect Location —r, 0 E_FAIRVIE_W AV,E _. D'lensity r ti: - E-r '- E-FA I R4V�1 EW�A , IEi i G� 1 Resid11 ential p r q s C �WELM .� Z = 17 -:� ,�WE Ln AVE o Old �. ' a o - v d#t, 3 Town a r- r s � n � � . z W �w iz—Nk T-7 MAPLE::E .&PLE ::E Z .: AVE Z z- W CHERRY AVE _ AvE LL LW-1Li CIYI6 - Page 2 Zoning Map Planned Development Map Legend hi-IJ 0Legend 0Project LocationProject Location AV_� E-F_'A_I_RVIEW E-r E-PAIR'VIE A_W AVE O-T R-8- City Limits Planned Parcels C=G In R-40 0 C G O-T L N N A W R4 AVE o �o MAPLE� O-T z R-8r � � z AVE Z O-T Z O-T -0 L-O R-15 R-15 O-T O-T O, C-C L-O II. APPLICANT INFORMATION A. Applicant: Tammy Petsche, Owner—3554 E. Presidential Drive,Meridian, ID 83642 B. Owner: Same as above. Ill. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper Notification 9/05/2023 10/01/2023 Radius notification mailed to properties within 500 feet 8/31/2023 9/29/2023 Sign Posting 9/10/2023 10/5/2023 Nextdoor posting 9/5/2023 9/28/2023 IV. COMPREHENSIVE PLAN(HTTPS://WWW.MEPJDIANCITY.ORGICOMPPLAN): Land Use: This property is designated Old Town(O-T) on the Future Land Use Map(FLUM). This designation includes the historic downtown and the true community center. 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. Sample uses include offices,retail and lodging,theatres,restaurants, and service retail for surrounding residents and visitors. A variety of residential uses are also envisioned and could include reuse of existing buildings,new construction of multi-family residential over ground floor retail or office uses. Page 3 Proposed Use: The purpose of the request for rezoning is to facilitate the renovation of the existing detached garage while retaining the property's current residential use. Furthermore,rezoning to O-T would allow the Applicant to submit building permit applications for constructing a new building and making structural modifications to the existing building without obtaining a Conditional Use Permit for each proposed improvement to the site. A single-family detached dwelling unit is considered a non-conforming use in the C-C zoning district per UDC Table 11-2B-2. The Applicant intends to retain the existing home while renovating the old detached garage situated behind the home. Additionally,the Applicant has future plans to potentially construct an Accessory Dwelling Unit or Live/Work structure at a later date. COMPREHENSIVE PLAN POLICIES(https://www.meridiancity.or /�compplan): Goals,Objectives,&Action Items: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property(staff analysis in italics): • Encourage diverse housing options suitable for various income levels,household sizes, and lifestyle preferences. (2.01.01) This application is for rezoning from C-C to O-T to allow the Applicant to remodel the existing garage and maintain the existing home as a conforming residential use. This would allow for more diversity in housing within the area. • Maintain a range of residential land use designations that allow diverse lot sizes,housing types, and densities. (2.01.01 C) The existing home contributes to the diversity in lot sizes, housing types, and densities within the surrounding area. • Encourage the development of high quality, dense residential and mixed-use areas near in and around Downtown,near employment, large shopping centers,public open spaces and parks, and along major transportation corridors, as shown on the Future Land Use Map. (2.02.01E) The subject property is an existing site situated near the downtown core. It falls within a large area that is designated for Old Town zoning as outlined by the Comprehensive Plan near N. Meridian Rd., a principal arterial, and is within walking distance of a large amount of goods, services, and employment. • Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development. and densities. (3.03.03A) This project is currently serviced by City of Meridian water and sewer. Based on the analysis above,staff finds the proposed development is consistent with the Comprehensive Plan. V. UNIFIED DEVELOPMENT CODE(UD The proposed use, single-family detached dwelling unit is listed as a principally permitted use in the O-T(Old Town)zoning district per UDC Table 11-2C-2.Compliance with the standards listed in UDC 11-2D-3 and 11-2D-4 is required. Page 4 VI. STAFF ANALYSIS Rezone(RZ): The Applicant is requesting to rezone 0.60 acres of land from the C-C zoning district to the O-T zoning district for the purpose of remodeling the existing detached garage and transitioning the property's current existing single-family detached residential use from non-conforming to conforming. A legal description and exhibit map for the rezone area is included in Section VIII.A. This property is within the City's Area of City Impact boundary. The City may require a development agreement(DA)in conjunction with a rezone pursuant to Idaho Code section 67-6511A. The City may require a development agreement(DA)in conjunction with a rezone pursuant to Idaho Code section 67-6511A. To ensure future development is consistent with the Comprehensive Plan and with the development plan proposed with this application,Staff recommends a DA is required with this application, containing the provisions noted in Section IX., as discussed herein. Dimensional Standards(UDC11-2): There are no minimum setbacks in the O-T zoning district. The existing home meets all dimensional standards for the O-T zoning district. Access(UDC 11-3A-3): Access is provided via N. Meridian Road,an arterial street,via a fully improved"U"shaped driveway. This driveway does not adhere to the ACHD District's guidelines for successive driveways in terms of alignment or offset,as it falls short of the minimum of 330 feet separation from any existing or proposed driveway,and is not located a minimum of 355-feet away from the nearest intersection. Since the applicant is not intensifying or changing the use of the property staff and ACHD are supportive of the driveway configuration remaining for the residential use.Per UDC 11-3A-3 when a property takes access from an arterial street and prior to any new,expanded,or extended use or development of the property,to adjoining properties,the property owner is required to grant cross access.Further,this requirement may extend to residential properties where the use is anticipated to change to a nonresidential use.As noted above,the property owner intends to expand the site in the future. Since the property abuts several underdeveloped properties and there is the potential for further expansion on the property, Staff believes cross access is warranted,but identifying which properties and the exact location for the shared driveways will be determined when actual development is proposed for the property. This may include closing one or both driveways. Staff recommends that in the event the property intensifies or redevelops in the future,the Applicant should provide cross/access to the neighboring properties located to the south,north,and east to eliminate the need for multiple accesses off an arterial roadway within close proximity in accord with UDC 11-3A-3. Parking(UDC 11-3C): The existing home has a driveway off of Meridian Road that contains a 20' x 20' parking pad and a two-car garage. UDC 11-3C-6 requires 4 parking spaces for a three and four-bedroom home, at least two in an enclosed garage, other spaces may be enclosed or a minimum 10-foot by 20-foot parking pad. In reviewing the County Assessor's records,it appears the home currently has three bedrooms. Therefore,the parking provided on-site meets the minimum requirements of 11-3C-6. Sidewalks(UDC 11-3A-1 : There is an existing 7-foot wide attached sidewalk on Meridian Road along the existing property frontage that is consistent with ACHD's district policy for arterial roads with the exception of dedicated right-of-way; therefore, additional right-of-way dedication totaling 96-feet on Meridian Road abutting the site should be required as part of a future application. Based on ACHD's recommendation of approval, Staff recommends that the Applicant provide a permanent right-of- way easement to 2 feet behind the back of the sidewalk for any sidewalk placed outside of the dedicated right-of-way. Page 5 Landscaping(UDC H-3B): A landscape buffer is not required for a single-family dwelling unit in the O-T zoning district. The UDC does not regulate landscaping on residential lots.However, the existing house is currently setback approximately 30 feet from Meridian Road leaving several areas in front of the residence that could be landscaped to enhance the streetscape along Meridian Rd. Staff believes the street frontage should be landscaped with a mix of trees,shrubs, lawn, hardscapes, and/or a water- conserving design in accord with UDC 11-3B-7C. Fencing(UDC 11-3A-6,11-3A-71 There is not existing fencing on the property. There is an existing CMU wall on the south side of the property.Any new or relocated fencing should comply with fencing regulations per UDC 11-3A-7. Outdoor Lighting(UDC 11-3A-11): All outdoor lighting is required to comply with the standards listed in UDC 11-3A-11C unless otherwise approved through alternative compliance. Light fixtures that have a maximum output of 1,800 lumens or more are required to have an opaque top to prevent up-lighting;the bulb shall not be visible and shall have a full cutoff shield in accord with Figure 1 in UDC 11-3A-11C. Building Elevations: The existing building consists of stucco,brick, and asphalt roof shingles. A Design Review application is not required for single-family dwellings,however, when the property redevelops to commercial use in the future, a Design Review application will be required. A Certificate of Zoning Compliance application is required to be submitted for approval for future re-development for commercial uses on this site to ensure compliance with UDC standards and development provisions associated with this application. VII. DECISION A. Staff Staff recommends approval of the proposed rezone from C-C to O-T per the Findings in Section X of this report with the inclusion of a Development Agreement. B. The Meridian Planning&Zoning Commission heard these items on September 21,2023. At the public hearing,the Commission moved to recommend approval of the subject Rezone request. 1. Summary of Commission public hearing_ a. In favor: Dave Petsche, Owner b. In opposition:None C. Commenting. None d. Written testimony: None e. Staff presenting application: Linda Ritter,Associate Planner f Other Staff commenting on application:None 2. Key issue(s)of public testimony a. None 3. Key issue(s)of discussion by Commission: a. None 4. Commission change(s)to Staff recommendation: a. None 5. Outstandin issue(s)for City Council: a. None Page 6 VIIL EXHIBITS A. Rezoning Legal Description and Exhibit f'iLJl..l ENGERRIT;50NLANf)SURVEY25, PLLC. 2251 S. Sumac Street,Base, Idaho 83706 Tefeahone(206) 859-6032 mikea@eisuNeys.com 26 June 2023 Revised:26 July 2023 ELS Project No.230616-Tammy Petsche Land description for Rezone Reference Warranty teed Instrument No.20 1 9-1 1 5758 Contains 26,284 square feet more or less EXHIBIT A A portion of land within Block 5 of F.A.Nourse's Third Addition to Meridian(a recorded plat in Book 6 at page 269 of Ada County records)within a portion of the NE'l of Section 7,T.3 N.,R.1 E„B.M.,City of Meridian,Ada County, Idaho more particularly described as folrows: Commencing at a found Brass Cap monument marking the Northwest corner cf said Section 7 frorn which a found Brass Cap rnwumenl marking the West X comer of said Section bears 5 VDIl'00"E a distance of 2051.94 feet,thence southerly along the west boundary line of said Section S 00°00'00"E a distance of 621.20 reet to the POINT OF BEGINNING, Thence easlerly perpendicular to said Section line N 90'00'00"E a distance of 263.60 feet to a found iron pin; Thence southerly parallel to said Section line S 00`00'00°E a distance of 106-20 feet to a found iron pin on the South line of said Block 5; Thence westerly along said South line N 9YOU01Y W a distance of 73.60 Feet to a found square fence post set in concrete: Thence northerly perpendicular to said South tine and parallel to said Section line N 00'00'00'W a distance of 9.0.0 feet to a paint; Thence parallel to and 9.O0 feet northerly of said South line N 90*'W'00"W a distance of 190.00 feel to a point on said Section line, Thence northerly along said Section line N OD"OOUr 4V a distance of 97.20 feet to the POINT of BEGINNING The above-described tract of land contains 26,284 square feet more or less subject to all existing easements and rights-of- way. K:tiEISVNoiects%2U23T30616VWmin"galstiEXH A Redone description 062623.doc Page 7 F —le N. MERIDIAN ROAD 4 BASIS OF' BFARfNG 1 N 00'00'00" W 2651,94' _ 97.20' 1933.54' 62J.20" -4 CA �1 1a ACHD R/W972, 1 o ❑ k� o c N p c e ' o,O �I Y s �C.3rn � KO Ck o � 97.20' o Q:t D rn rnDu C-A 06.20' �+ imp r -40 rn rn S;D.Co _ CN ca m � v O � rn -n Opp Owhl , . 7s 7n& < Ot 1p G *� Page 8 � r I �► r. i R k r s 14 f r � �J • 4 � ji a L 1 � u_ IX. CITY/AGENCY COMMENTS A. PLANNING 1. Rezone 1.1 A Development Agreement(DA) is required as a provision of rezone of this property. Prior to approval of the rezone ordinance,a DA shall be entered into between the City of Meridian,the property owner(s) at the time of rezone ordinance adoption, and the owner. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the rezone. The DA shall, at minimum, incorporate the following provisions IF City Council determines rezone is in the best interest of the City: a. The development shall comply with all provisions of the O-T zoning district as set forth in UDC 11-2D. b. Applicant shall comply with the access to street standards set forth in UDC 11-3A-3. The existing driveway may remain as long as the home and site are not expanded. With a future Certificate of Zoning Compliance Application,the applicant will be required to grant cross access to one or more of the adjoining properties(Parcel#'s R6129020630,R6129020520, R6129020650, and R6129020570) for future interconnectivity which may include the closure of one or both existing accesses to Meridian Road as determined by the Director. c. The Applicant shall install landscaping along the Meridian Road frontage to include trees, shrubs,lawn,hardscapes, and/or a water-conserving design in accord with UDC 11-3B-7C. d. Applicant shall comply with the ordinances in effect at the time of application submittal. B. NAMPA MERIDIAN IRRIGATION DISTRICT https://weblink.meridiancitE.org WWebLink/DocView.aspx?id=291420&dbid=0&repo=MeridianCiU& cr=1 C. IDAHO TRANSPORTATION DEPARTMENT https://weblink.meridiancity.org/WebLink/DocView.aspx?id=292380&dbid=0&repo=MeridianCitX D. IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https://weblink meridianciV.org/WebLink/Doc View.aspx?id=291615&dbid=0&repo=MeridianCitX E. ACHD https://weblinkmeridiancity.org/WebLink/DocView.aspx?id=291016&dbid=0&repo=MeridianCitX X. FINDINGS A. Annexation and/or Rezone(UDC 11-511-3E) Required 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; Page 13 Staff finds the proposed zoning map amendment to rezone the property from the C-C zoning district to the O-T zoning district is consistent with the Comprehensive Plan. 2. The map amendment complies with the regulations outlined for the proposed districts, specifically the purpose statement; Staff finds the proposed zoning map amendment complies with the regulations outlined in the requested Old Town designation. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Stafffinds the proposed zoning map amendment should not be detrimental to the public health, safety and welfare. 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 the proposed zoning map amendment will not result in an adverse impact on the delivery of services by any political subdivision providing public services within the City. 5. The annexation(as applicable)is in the best interest of city. Subject site is already annexed so staff finds this finding nonapplicable. Page 14