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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 17,2007
TO:
FROM:
Planning & Zoning Commission
Sonya Watters, Associate City Planner
(208) 884-5533
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Rezone of 0.19 of an acre from I-L (Light Industrial) to O-T (Old Town), 'PIner:
Maria Vanbragt.
STAFF REPORT
HEARING DATE:
May 17, 2007
SUBJECT:
Vanbragt
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Maria Vanbragt, has applied for a Rezone (RZ) of 0.19 of an acre from I-L (Light
Industrial) to O-T (Old Town) for the existing residence at 305 W. Broadway Avenue. 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
southwest comer of N.W. 3rd Street and W. Broadway Avenue in Section 12, Township 3 North,
Range 1 West. The subject property is within the Urban Service Planning Area and the corporate
boundaries of the City of Meridian.
2. SUMMARY RECOMMENDATION
Staff recommends approval of RZ-07 -007, as presented in the staff report for the hearing date
of May 17,2007, based on the Findings of Fact as listed in Exhibit C. Staff has included all
conrments and reconrmended actions in the attached Exhibit A. NOTE: Because this is only a rezone
application, and no new development is being proposed, staff has not included any conditions of
approval.
3. PROPOSED MOTIONS
Recommend Approval
I move to reconrmend approval to the City Council of File Number RZ-07-007 as presented in the
staff report for the hearing date of May 17, 2007, and the with the following changes to the staff
report: (add any proposed modifications).
Recommend Denial
I move to recommend denial to the City Council of File Number RZ-07-007 as presented in the staff
report for the hearing date of May 17, 2007, for the following reasons: (you must state specific
reasons for denial. They should address how the applicant might re-do the application to gain your
recommendation for approval).
Continue
I move to continue the public hearing for File Number RZ-07 -007 to (date certain) for the following
reason(s): (insert reason).
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
305 W. Broadway Avenue
Vanbragt RZ-07-007
PAGE I
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 17,2007
Southeast ~ of Section 12, Township 3 North, Range 1 West.
b. Owner:
Maria Vanbragt
305 W. Broadway Avenue
Meridian, ill 83642
c. Applicant:
Same as owner
d. Representative: Maria Vanbragt, Owner
e. Present Zoning: I-L (Light Industrial)
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 conforming
use.
5. PROCESS FACTS
a. The subject application will in fact constitute a rezone as determined by City Ordinance. By
reason of the provisions ofUDC ll-5B-3, a public hearing is required before the Planning &
Zoning Commission and City Council on this matter.
b. Newspaper notifications published on: April 30, 2007 and May 14, 2007
c. Radius notices mailed to properties within 300 feet on: April 20, 2007
d. Applicant posted notice on site by: May 8, 2007
6. LAND USE
a. Existing Land Use(s): Single-family dwelling.
b. Description of Character of Surrounding Area: The area surrounding the subject property
consists of existing single-family dwellings and an adjacent apartment complex.
c. Adjacent Land Use and Zoning:
1. North: Existing single.family residences and an apartment complex, zoned R-15.
2. East: Existing single-family 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: Several residential properties in this area of Meridian that were
zoned I-L have been rezoned to a residential zone so that the use conforms to the zone.
e. Existing Constraints and Opportunities:
1. Public Works
Location of sewer: Already serviced
Location of water: Already serviced
Issues or concerns: None
Vanbragt RZ-07-007
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 17,2007
2. Vegetation: NA
3. Floodplain: All of the subject property lies within flood zone X5 but none ofthe property is
within the floodway of the Nine Mile Creek.
4. Canals/Ditches Irrigation: None
5. Hazards: None
6. Proposed Zoning: O-T
7. Size of Property: 0.19 of an acre
7. COMMENTS MEETING
On April 14, 2007 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 commWlity 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 fmds 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-2lists uses that are principal pennitted (P),
accessory (A), and conditional (C) or prohibited (-) uses within the proposed 0- T zoning district.
Single-family dwellings are listed as pennitted uses in the O-T zone.
b. Purpose Statement of Zone: The purpose of the 0- T District is to accommodate and encourage
further intensification of the historical city center in accord with the Meridian 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, fmancial 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 establish a truly urban city center.
Vanbragt RZ-07-007
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 17,2007
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation
REZONE: The applicant is requesting a rezone of this property because the existing single-
family use is prohibited in the I-L zone, thus making the use nonconforming. As a nonconforming
use, the use may continue as long as the use remains lawful and is not expanded or extended. No
existing structure containing a nonconforming use may be enlarged, extended, constructed,
reconstructed, moved or structurally altered except through approval of a conditional use permit
or where the use of the structure is changed to a conforming use, per UDC ll-lB-4. The
applicant is proposing to rezone the property to a zone in which single-family dwellings are a
permitted use so that the structure may be enlarged. Further, most financial institutions will not
finance a non-conforming use/property because if the structure is significantly damaged it can not
be re-built. Staff believes that rezoning this property to 0- T is appropriate. Further, rezoning this
property to 0- T will make the existing home a conforming use, which will allow the applicant to
enlarge the structure and improve the appearance of the property, while contributing to the
revitalization of the Old Town area.
Based on the policies and goals contained in the Comprehensive Plan and the general compliance
of the existing structure with the Unified Development Code for the 0- T zone, Staff believes that
the rezoning of this property to O-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 6, 2007 by
Clinton W. Hansen, PLS) shows the property within the existing corporate boundary of the City
of Meridian.
All future re-development of the subject property comply with City of Meridian ordinances in
effect at the time of development (i.e. comply with standards of the O-T zone regarding setbacks,
property size, street frontage, parking, etc.). Currently, there are no development standards for the
O~T district. However, for a house containing one bedroom, one parking space is required in an
enclosed garage with a 10' x 20' parking pad between access and garage per UDC 11-3C-6. 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.
Development Agreement (DA): UDC 11-5B-3D2 provides the Planning & Zoning Cormnission
and City Council the authority to require a property owner to enter into a DA with the City of
Meridian that may require some written cormnitment for all future uses. Due to the small size of
the subject property and the Applicant's intent to enlarge the existing structure on the
property, Staff believes that a DA is not necessary in this instance. However, if the
Cormnission or Council feels that a DA is necessary to ensure that this property is developed in a
fashion that is consistent with the Comprehensive Plan and does not negatively impact nearby
properties; Staff recommends a clear outline of the cormnitments of the developer being required.
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.
b. Staff Recommendation: Staff recommends approval of RZ-07-007 for the property located at
305 W. Broadway Avenue, as presented in the staff report for the hearing date of May 17,
2007, based on the Findings of Fact as listed in Exhibit C. Staff has included all comments
Vanbragt RZ-07 -007
PAGE 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 17,2007
and recommended actions in the attached Exhibit A (because this is only a rezone application,
there are no conditions of approval.)
11. EXHmITS
A. Agency and Department Comments
1. Planning Department
2. Public Works Department
B. Legal Description & Exhibit Map
C. Required Findings from Unified Development Code
Vanbragt RZ-07-007
PAGE 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY ]7, 2007
A. Agency and Department Comments
1. PLANNING DEPARTMENT
1.1 The rezone legal description submitted with the application (prepared on March 6, 2007 by
Clinton W. Hansen, PLS) shows the property within the existing corporate boundary of the City
of Meridian.
1.2 All future uses on this site should comply with the provisions of City Code in effect at the time of
application 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 MAY 17,2007
B. Legal Description & Exhibit Map
Legal~
Vanbragt ~ Re-Zonlng
A parcel for .zoning purposes, being a portion of Block 6 of West VIeW Addition to
Meridian, 88 shown in Book 6 of pla1B. on page 68, records of Ada County, Idaho, and
being located In the N % of the SE % of Section 12, Township 3 North. Range 1 West,
BoIse Mertdian, and more perticularly descrI)ed as follows:
BEG~ at a 518 Inch dlarneaer Iron pin marking the Intenection of West Broadway
Avenue and West aid Street (Formefty Neal Avenue) from which 8 brass cap monument
marki1g the intersection of West Broadway Awnue and the westefty boundary line of
Welt View Addition to Meridian bears N W52'1T W 8 distance 288.16 feet
Thence N .-52'1T W along the center Ine of West Btoadway Avenue distance of 85.00
feet to 8 point;
Thence leaving said center line S 0016'1 a- W 8 di8tMca of 208.02 feet to a point;
Thence S 88052'12- E 8 distance of 85.00 feet to a point on the center One of West aRl
Street (Fonnerly Neal Avenue);
Thence N 0018'18. E along the said center line distance of 209.02 feet to the POINT OF
BEG-*I;
This parcel contatns 17,788 square feet (0.41acres) and is subject to any easements.
existing or in use.
~
Clinton W. Hansen, PLS
Land Solutions, PC
Match 6. 2007
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Job No. 07-17
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 17,2007
RE-ZONING VANBRAGT PROPERlY
A PORTION OF BLOCK 6 OF WEST VIEW ADDITION TO MERIDIAN,
AND BEING LOCATED IN THE N 1/2 OF THE SE 1/4 OF SECTION 12,
TOWNSHIP 3 NORTH. RANGE I WEST. BOISE MERIDIAN.
2007
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Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 17,2007
C. Required Findings from Unified Development Code
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:
a. The map amendment complies with the applicable provisions of the comprehensive
plan;
The applicant is proposing to zone the subject property to O~T. Staff fmds 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.
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
Staff finds that single-family dwellings are a pennitted use within the requested zoning
district of O-T. Staff finds that rezoning this property will make the existing home a
confonning use in the zone. As a confonning use, the applicant will be able to enlarge and
improve the appearance of the property, thus contributing to the revitalization of the
neighborhood, in compliance with the purpose of the 0- T district.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
Staff 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.
d. 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 that the proposed zoning amendment will not result in any adverse impact upon
the delivery of services by any political subdivision providing selVices to this site.
Exhibit C