HomeMy WebLinkAboutVicki Garton RZ
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October 16, 2006
MERIDIAN PLANNING & ZONING MEETING
RZ 06-009
October 19, 2006
APPLICANT Vicki Garton ITEM NO. 6
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REQUEST Public Hearing - Rezone of .57 acre from an I-L zone to an R-8 zone for
Vicki Garton - 435 W. Broadway
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
See Attached Staff Report
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No Comment ~J Y< \
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
SANITARY SERVICES:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
See Attached Comments
NAMPA MERIDIAN IRRIGATION:
No Comment
SETTLERS'IRRIGATION:
IDAHO POWER:
INTERMOUNTAIN GAS:
OTHER: See Attache
Contacted: Vu,
Emailed: \/ ( c:K i ~ n t\ DLf OJ MS') ~ ~UIY1
Materials presented at public meetings shall become property of the City of Meridian.
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 14,2006
STAFF REPORT
TO:
FROM:
Hearing Date: November 14, 2006
City Council
Sonya Watters, Associate City Planner
208-884.5533
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SUBJECT:
Rezone at 435 W. Broadway Avenue for Vicki Garton'"
. RZ-06-009
Rezone of 0.57 acre from I-L (Light Industrial) to R-8 (Medium-Density
Residential), by Vicky Garton.
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1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Vicki Garton, has applied for a Rezone (RZ) of 0.57 acre from I-L (Light Industrial) to R-8
(Medium-density residential) for the property located at 435 W. Broadway Avenue. 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 south side
ofW. Broadway Avenue, just west ofW. 4th Street in Section 12, Township 3 North, Range 1 West. This
site currently contains one existing residence and several outbuildings.
SUMMARY RECOMMENDATION: Staff recommends approval of RZ-06-009, as presented in the
staff report for the hearing date of October 19, 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 Plannin!! and Zooin!! Commission heard this item on October 19. 2006. At
the DubHe hearin!!. they moved to recommend aDDroval.
a. Summary of Commission Public Hearin!!:
i. In favor: Shelly Fisher. George Nelson (property owner). & Vicki Garton
(applicant)
ii. In opposition: Shirlev McCallum. James Thompson. Craig Downum. Shirley
Foley Vera. Nellie Gardner. Phil Gardner. Kevin Gould. Paul Watson. Marianne
Watson. & Shayne Colev on behalf of Sid Brewer
111. Commentinl!: Connie Conklin (neutral)
iv. Written testimony: None
v. Staffpresentinl! application: Sonya Watters
vi. Other staff commenting on application: None
b. Key Issues of Discussion by Commission:
i. Property be rezoned to R-4. instead ofR-8. per public testimony
c. Kev Commission Chaoees to Staff Recommendation:
i. Property be rezoned to R-4. instead ofR-8
d. Outstandine Issue(s) for City Council:
i. Determine whether or not the property should be rezoned to R-8 as requested by
the applicant or R-4 per Commission's recommendation & public testimony.
ii. The applicant has not submitted a legal description for this property that meets
the requirements of the Idaho State Tax Commission. Ifthe Council approves the
subiect rezone. the rezone ordinance should not be approved until a city-
approved legal description is submitted.
3. PROPOSED MOTIONS
Recommend Approval
After considering all staff, applicant and public testimony, I move to approve File Number RZ-
435 W. Broadway Avenue Rezone for Vicki Garton - RZ-06-009
PAGE
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 14. 2006
06-009 as presented in the Staff Report for the hearing date of November 14, 2006, with the
following modifications to the conditions of approval: (Add any proposed modifications.)
Recommend Denial
After considering all staff, applicant and public testimony, I move to deny File Number RZ-06-
009 as presented during the hearing on November 14, 2006, for the following reasons: (State
specific reasons for denial ofthe annexation and/or preliminary plat request.)
Continue
After considering all staff, applicant and public testimony, I move to continue File Number RZ-
06-009 to the hearing date of (insert continued hearing date here) for the following reason(s):
(State specific reason(s) for a continuance.)
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
435 W. Broadway Avenue
South side ofW. Broadway Avenue, just west ofW. 4th Street, in the south-east y,. of
Section 12, Township 3 North, Range 1 West.
b. Owner:
George William & Viola Nelson
435 W. Broadway Ave.
Meridian, Idaho 83642
c. Applicant:
Vicki Garton
1900 E. Blue Tick Street
Meridian, Idaho 83642
d. Representative: Vicki Garton, Applicant
e. Present Zoning: I-L (Light Industrial)
f. Present Comprehensive Plan Designation: Medium Density Residential
g. Description of Applicant's Request: Single-family residences are prohibited in the T-T, 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 a conforming
use in the zone.
5. PROCESS FACTS
a. The subject application will in fact constitute a rezone as determined by City Ordinance. By
reason of the provisions ofUDC 11-5B-3, a public hearing is required before the Commission
and City Council on this matter.
b. Newspaper notifications published on: October 23rd and November 6th, 2006
c. Radius notices mailed to properties within 300 feet on: October 20, 2006
d. Applicant posted notice on site by: October 31, 2006
6. LAND USE
a. Existing Land Use(s): Single-family dwelling.
b. Description of Character of Surrounding Area: Primarily existing single-family dwellings,
with some nearby industrial uses, zoned I-L.
435 W. Broadway Avenue Rezone for Vicki Garton - RZ-06-009
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 14, 2006
c. Adjacent Land Use and Zoning:
1. North: Existing single-family residences, zoned R-15.
2. East: Existing single-family residences, zoned I-L.
3. South: Union Pacific Railroad, industrial property (Louisiana-Pacific), zoned I-L.
4. West: Existing single family residence, zoned I-L.
d. History of Previous Actions: The City recently approved a rezone from I-L to O-T for the
property located at 608 W. 3fd Street, in the general vicinity as the subject property. That
situation was similar to the subject request for rezone.
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: R-8
7. Size of Property: 0.57 acre
7. COMMENTS MEETING
On September 29,2006 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 un} y 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 "Medium Density
Residential", and it is currently zoned I.L. The purpose of the Medium Density Residential designation is
as follows: "to allow smaller lots for residential pmposes within city limits. Uses may include single-
family homes at densities of three to eight dwelling units per acre."
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. UNIFIED DEVELOPMENT CODE
a. Zoning Schedule of Use Control: UDC Table 11-2A.2 lists single-family dwellings as a
Permitted Use in the R-8 zone.
b. Purpose Statement of Zone: The purpose of the residential district is to provide for a range of
housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the
City of Meridian water and sewer systems is a requirement for all residential districts.
Residential districts are distinguished by the allowable density of dwelling units per acre and
435 W. Broadway Avenue Rezone for Vicki Garton - RZ-06-009
PAGE
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 14,2006
corresponding housing types that can be accommodated within the density range. Residential
land uses are also allowed within the O-T, TN-C, and TN-R districts as set forth in Chapter 3
Article D.
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 residential use is prohibited in the I-L zone. Most fmancial
institutions will not fmance 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 R-8 zone is the consistent with the
Future Land Use Map designation for this property, and will allow, as a principally permitted
use, single-family homes.
Based on the policies and goals contained in the Comprehensive Plan and the general
compliance of the proposed zoning and existing uses on this site, staff believes that the
rezoning of this site to R-8 is in the best interest of the City. Please see Exhibit C for detailed
analysis of facts and findings.
The legal description submitted with the application shows the property within the existing
corporate boundary of the City of Meridian; however, it does not meet the City's and State
Tax Commission's requirements. Prior to rezone ordinance approval, the applicant must
submit a metes and bounds legal description to the centerline of W. Broadway Avenue that
is stamped and signed by a registered Professional Land Surveyor, along with a calculated
closure sheet and an exhibit map that reflects the boundaries of the legal description.
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 constmcted in accordance with
City of Meridian ordinances in effect at the time of deyelopment. All future uses shall not
involye uses, actiyities, 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-06-009 for 435 W. Broadway
Avenue as presented in the Staff Report. 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 October 19. 2006. the Meridian Plannine and
Zonine Commission voted to recommend approval of the subiect aDDlication but
recommended that the DroDertv be rezoned R-4. instead of R-8 as reQuested bv the
aDDlicant.
11. EXHIBITS
A. Agency and Department Comments
1. Planning Department
435 W. Broadway Avenue Rezone for Vicki Garton - RZ-06-009
PAGE
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 14, 2006
2. Public Works Department
3. Fire Department
B. Legal Description & Map
C. Required Findings from Zoning Ordinance
435 W. Broadway Avenue Rezone for Vicki Garton - RZ-06-009
PAGE
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 14,2006
A. Agency and Department Comments
1. PLANNING DEPARTMENT
1.1 The legal description submitted with the application does not meet the requirements of the
City of Meridian and State Tax Commission. Prior to rezone ordinance approval by City
Council, the applicant shall submit a metes and bounds legal description and associated
documents as stated under the Analysis section of this report that meets these requirements.
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,
3. FIRE DEPARTMENT
3.1 One and two family dwellings will require a fIfe-flow of 1,000 gallons per minute available for
duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet
apart. International Fire Code Appendix C.
3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 Yz" outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on comers when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
f. Fire hydrants shall be place 18" above finish grade.
g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet ofthe project.
3.3 All common driveways shall be straight or have a turning radius of 28' inside and 4S' outside and
shall have a clear driving surface which is 20' wide.
3.4 All portions of the buildings located on this project must be within 150' of a paved surface as
measured around the perimeter of the building.
3.5 Where a portion of the facility or building hereafter constructed or moved into or within the
jurisdiction is more than 400 feet (122 m) from a hydrant on a fIfe apparatus access road, as
measured by an approved route around the exterior of the facility or building, on-site fIfe hydrants
and mains shall be provided where required by the code official. For buildings equipped throughout
with an approved automatic sprinkler system installed in accordance with Section 903.3 .1.1 or
903.3.1.2 the distance requirement shall be 600 feet (183).
a. For Group R~3 and Group U occupancies, the distance requirement shall be 600 feet (183
m).
b. For buildings equipped throughout with an approved automatic sprinkler system installed
in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600
feet (183 m).
Exhibit A
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 14, 2006
B. Legal Description (not approved) & Vicinity Map
The East 75 feet of '.he Weat ~70 feet of tba followiog
cQmb.ined tr~~SI ~
BEGINYING at a point 166 feet west Of a point 40 feet North
of the If''l"thwest comel" of Bloek I; of IiB9'1'VtBW 1\IlDtTION to
the villaga of Meridian. ~ County, Btate of Idaho/ thence
Weat parallel to Seotion line 250.5 feet, theDoe
SoUthJaBallel to Seotion line 342.44 feet, ~
Sast ODg the eight Mile Ditoh right-of-way 250.5 teet,
then"e
North to the POIIIT OF BllGIJ!IN.INGI all be!ll9' in the No:rth
Half of the Southeaat QUarter of Bectian 12. Tbwnahip
3 North, Range 1 Weat. 8Oiae, MeridiaD.
ALSO
COHMl!llICUIG at the center ot SlIetion 12, TO\oIII8hip 3 North,
ll.Nlge I lIellt, BoiSII Mllridian, aDd l:WU\!1i\9 thence
South 660 feet, tbenclI
laet 760 fellt to the real FLACK OF BlOtmRlMG, ~ thence
South parallel with Section line to the ditch right-at-way,
theDee
Bast a.10lllJ ditch right-ot-....y 315.5 feet, thew:e
North.parallel with Section liDe 342.44 feet, thence
Weat .to it.ACB OF. a'lI'JINIIIHG.
8XCEPT1BG thoee.porticoll deeded to the united statell of
America, .ctiD; UDdI!r the. prOVisions of the Ael: of COIl\Ireea
of June 17, 1~02, [32 Stat.. 388) known a8 the Reclamation
Act/ .
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Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 14, 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 rezone the subject property to R-8. The Commission 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;
The Commission finds that single-family dwellings are permitted within the requested
zoning district of R.8. Further, the Commission finds that the site is large enough to
contain the required off-street parking. There is no new development proposed at this
time; any new development must conform to current City Code.
3. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The Commission finds that the proposed zoning amendment will not be detrimental to the
public health, safety, or welfare. Staff recommends that the Commission and Council rely
on any oral or written testimony that may be provided when determining this fmding.
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,
The Commission 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
CITY OF MERIDIAN
PUBLIC HEARING
SIGN-UP SHEET
DATE
October 19, 2006
PROJECT NUMBER
PROJECT NAME
ITEM #
RZ 06-009
Vicki Garton
6
FOR AGAINST NEUTRAL
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