HomeMy WebLinkAboutVicki Garton RZ 06-009
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
RECEIVED
NOV 1 6 2006
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In the Matter of Rezone of .57 of an acre from I-L to R-4 for the property located at 435 w.
Broadway Avenue, by Vicki Garton.
Case No(s). RZ-06-009
For the City Council Hearing Date of: November 14, 2006 (Findings on November 21, 2006
Council agenda.)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of November 14, 2006
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of November 14,2006
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of
November 14, 2006 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of November 14,2006 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. 967-6503).
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 9
II-SA.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-06-00':l
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
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. 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 all in the attached Staff Report for
the hearing date of November 14,2006 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 9 II-SA and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
The applicants request for Rezone is approved subject to the provisions listed in the
attached Staff Report for the hearing date of November 14, 2006 incorporated by
reference, with the following modification made at the City Council hearing on
November 14, 2006:
1. That the subject property be rezoned to R-4 (Low Density Residential).
D. Attached: Staff Report for the hearing date of November 14,2006
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-06-009
By action of the City Council at its regular meeting held on the
-lIf)Vtfn~ ) , 2006.
2-( ffl
day of
COUNCIL MEMBER SHAUN WARDLE
VOTED~
VOTED~
VOTED 4tJ--
VOTED ~
COUNCIL MEMBER JOE BORTON
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
TIE BREAKER
MAYOR TAMMY de WEERD
VOTED
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By<J~ J\il.0
City Clerk's Office
Dated:
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-06-00':l
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
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SUBJECT:
. RZ-06-009
Rezone of 0.57 acre from I-L (Light hnlustrial) tu R-8 (Medium-Density
Residential), by Vicky Garton.
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) fur 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
confomllng 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.
2. SUMMARY RECOMMENDATION: Staff recommends approval ofRZ-06-009, as presented in the
fltaffreport 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 Planning and Zoning Commission heard this item on October 19. 2006. At the
public hearing. they moved to recommend approval. On November 14. 2006 the Meridian City Council
aDDroved this aDDlication with an R-4 zoninp deldpnation.
a. Summary of Commission Public Hearine::
i. In favor: Shelly Fisher. George Nelson (property owner). & Vicki Garton
(applicant)
11. In opposition: Shirley McCallum. James Thompson. Craig Downum. Shirley
Folev Vera. Nellie Gardner. Phil Gardner. Kevin Gould. Paul Watson. Marianne
Watson. & Shayne Coley on behalf of Sid Brewer
111. Commenting: Connie Conklin (neutral)
iv. Written testimony: None
v. Staff presenting application: Sonya Watters
vi. Other staff commenting on application: None
b. Key Issues of Discussion bv Commission:
i. Property be rezoned to R~4. instead ofR-8. per public testimonv
c. Kev Commission Chane:es to Staff Recommendation:
i. Propertv be rezoned to R-4. instead ofR-8
d. Outstaudiu2Issue(s) for Citv Council:
i. Detennine whether or not the property should be rezoned to R-8 as requested by
the applicant or R-4 per Commission's recommendation & public testimonv.
11. The applicant has not submitted a lel!al description for this propertv that meets
the requirements of the Idaho State Tax Commission. lithe Council approves the
subiect rezone. the rezone ordinance should not be approved until a city-
approved lel!al description is submitted.
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
The Meridian City Council heard these items on November 14. 2006. At the Dublic hearinl? they
aDD roved the Droiect with R-4 zoninl?
.a.. Summary of City Council Public Hearinl?:
i. In favor: ViCld Garton. Shellv Fisher
11. In oDDosition: NQ!!'~
111. Commentinl!: James ThoplDson
IV. Written testimonv: Jame.~ Thomoson. Dawn Downum. Crail! Downum. Shirlev
McCallum. PauljY!ltson. &_Marianne Watson.
v. Staff nresentimr anntication: Cateh Hood
vi. ,QtlID: staff commentinl! oIl.a1IDhcati.Qn: None
h. Kev Issues of Discussion bv Council:
i. R-4 vs. R-8 zoning
ii. Future use of site
.t. Kev Council ChangeJl to Commission Recommendation:
i. None
3. PROPOSED MOTIONS
Recommend Approval
After considering all staff, applicant and public testimony, I move to approve File Number RZ-
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 of the 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) fur the [ulluwing reasun(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 ~ 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)
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
f. Present Comprehensive Plan Designation: Medium Density Residential
g. Description of Applicant's Request: Sillglt:-famiIy 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 he a confol111ing
use in the zone.
5. PROCESS FACTS
a. The subject application will in fact constitute a rezone as determined by City Ordinance. By
reason ofthe provisions ofUDC 11-5B-3, a puhlic hearing is required before the Commission
and City Council on this matter.
b. Newspaper notifications published on: Octoher 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~famiIy dwellings,
with some nearby industrial uses, zoned I-L.
c. Adjacent LandlJse and Zoning:
1. North: Existing single-family residences, zoned R~15.
2. East: Existing single-family residences, zoned l-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. 3rd Street, in the general vicinity as the subject property. That
situation was similar to the subj ect 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
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
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 "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 putposes 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
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 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 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 bound.. legal de...cription 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
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
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 thc gcncraI 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 Plarming and Zoning
Commission voted to recommend approval of the F;ubi ect application but recommended that
the propertv be rezoned RA. instead ofR-8 as requested bv the applicant. On November 14.
2006 the Meridian City Council voted to approve the subiect application and rezone the
subiect property to R-4 (Low Density Residential).
11. EXHIBITS
A. Agency and Department Comments
1. Planning Department
2. Public Works Department
3. Fire Department
B. Legal Description & Map
C. Required Findings from Zoning Ordinance
435 W. Broadway Avenue Rezone tor Vicki Garton - RZ-06-00':l
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 le2al 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.
The aoolicant has nrovided the above-noted legal descrintion (see attached Exhibit R).
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 hy 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 fire-flow of 1,000 gallons per minute available for
duration of 2 hours to sezvice the entire project. Fire hydrants shall bc placed an average of 500 feet
apart. International Fire Code Appendix C.
3.2 Final Approval ofthe fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 W' 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 ubslrucLions 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 of the project.
3.3 All common driveways shall be straight or have a turning radius of 28' inside and 48' 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 fire apparatus access road, as
measured by an approved route around the exterior of the facility or building, on-site fire hydrants
and mains shall be provided where required by the code official. For buildings equipped throughout
with an approved automatic sprinkler system im;t.alled in accordance with Section 9033_Ll 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 & Exhibit Map
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DFSCRIPTION
FOR
MICHAEL AND VICKY GARTON RE-ZONE
A parcel located in the SE ~ of Section 12, Township 3 North, Range I West, Boise
Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at a brass cap monwnent marking ~ !IOulhwesterly comer of said SE ~
from which a brass cap monument marking the northwesterly comer of said Sc Y. bears
N 0"33.44" E a distance of 2656.52 feel;
~ N 0033'44" E along the westerly hQundal)' of said SE Y. a distance of 1996.49
feet to a brass cap monument on the cenlerline of Broadway Avenue;
Thence leaving said westerly boundary S 89"29'37"' F. along said centerline a distance of
1081.64 feet to the POINT OF BEOINNIN(i;
Thence conlinwng S 89"29.37" E a di$lance of 75.00 fcetlo II point;
Thence leaving said centerline S 0"33'44" W It distance of 296.70 red 10 a point;
Thence N 88045'16'" W a distance of 75.01 fcei 10 aroint:
Thence N a>33'44" E a dislUn<< of 295. 73 fcetto the POINT OF UEOINNINO.
This JIIll'CCI contains 0.51 /JCt'CS and is subject 10 any casements, existing or in lJSC,
This description was prepared from record information obtained from the Ada County
Rewrdcr's office. No field surveys have been performed. This description is intended
for use in a R:'-l.onc application only and is not 10 be used as a boundary description for
thl! transfer of tille. Civil Survey Consultants. Incorporated is not responsible for any
disc:rq,encies a field survey might show.
Prepared by: Glenn K. Bcnnclt, PlS
Civil Surv~ Consuhanls. Inc.
November 16.2006
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IIERIOIAH pusuc
WORKS DEPT,
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 14, 2006
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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-S. The Council fmds that
the R-4 zoning district would be more appropriate for this property and will also comply
with the applicable provisions of the Comprehensive Plan. Please see Comprehensive
Plan Policies and Goals, Section S, of the Staff Report.
2. The map amendment complies with the regulations outlined for the proposed
district, specifically the purpose statement;
The Council tinds that single-family dwellings are pennitted within the requested zoning
district ofR-S and the approved zoning district ofR-4. Further, the Council 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 Council 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 detennining 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 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. CQIDlcil fmds thatRezonine: this orooertv to R-4 would be in the best interest of
the Citv.
Exhibit C