HomeMy WebLinkAboutVanbragt RZ 07-007
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 26, 2007
HEARING DATE:
June 26, 2007
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STAFF REPORT
TO:
FROM:
SUBJECT:
Mayor & City Council
Sonya Watters, Associate City Planner
(208) 884-5533
Vanbragt
. RZ-07 -007
Rezone of 0.19 of an acre from I-L (Light Industrial) to O-T (Old Town), by
Maria 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 conforming 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 I 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 D. 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, staff has not included any conditions of
approval.
The Meridian Planninl! & Zonin!;! Commission heard this item on Mav 17. 2007. At the nublic
hearinl! they annroved the subiect RZ reouest.
.a. Summary of Commission Public Hearinl!:
i. In favor: Maria VanbrafJt (Owner/Annlicantl
ii. In onnosition: None
iii. Commenting: None
iv. Written testimony: None
v. Staffnresentinl! annlication: Sonya Watters
vi. Other staff commentinp on annlication: None
h. Kev Issue(s) of Discussion bv Commission:
i. Nn.nf
~ Kev Commission ChanfJe(s) to Staff Recommendation:
i. Nn.nf
.II. Outstan~ Issue(s) for City Council:
i. In meetin!! with the applicant. Staff informed the Vanbra!!t's that. bv strict
interpretation. the proposed remodel of the existin!! structure will not comply
with the Downtown Meridian Desi!!n Guidelines (DMDG) for the requested 0- T
zonin!! district. As vou know. those desi!!n !!uidelines are intended to !!uide the
look and placement of commercial buildin!!s within the downtown core. The
Vanbra!!t's intend to enclose an existin!! carport to add a minimal amount of
Vanbragt RZ-07-007
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 26, 2007
square footau:e to the structure. It would not seem to be within the intent of the
desiu:n l!Uidelines to require conditional use approval for enclosinu: said carport.
Likewise. the existinu: structure is non-conforminu: (per the UDC) because it does
not provide the required two enclosed parkinu: spaces or the 20' x 20' required
parkinu: pad. We ask that Council consider enterinu: into a DA with the
Vanbral!t's and determine that the requested modification will not leopardize
the non-conforminu: status of the structure.
3. PROPOSED MOTIONS
Approve
I move to approve File Number RZ-07 -007 as presented in the staff report for the hearing date of June
26,2007, with the following changes to the staff report: (add any proposed modifications).
Deny
I move to deny File Number RZ-07-007 as presented in the staff report for the hearing date of June
26,2007, 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
Southeast U of Section 12, Township 3 North, Range I 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 11-5B-3, a public hearing is required before the Planning &
Zoning Commission and City Council on this matter.
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 26, 2007
b. Newspaper notifications published on: April 30, 2007 and May 14, 2007 (Commission); June 4.
2007 & June 18.2007 (City Council)
c. Radius notices mailed to properties within 300 feet on: April 20, 2007 (Commission); June 1.
2007 (Citv Council)
d. Applicant posted notice on site by: May 7, 2007 (Commission); June 16. 2007 (City Council)
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:
I. 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
2. Vegetation: NA
3. Floodplain: All of the subject property lies within flood zone X5 but none of the property is
within the floodway of the Nine Mile Creek.
4. CanalslDitches 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
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE H.EARING DATE OF JUNE 26, 2007
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-2lists uses that are principal permitted (P),
accessory (A), and conditional (C) or prohibited (-) uses within the proposed 0- T zoning district.
Single-family dwellings are listed as permitted 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, 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 establish a truly urban city center.
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
[mance 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 a-Tis appropriate. Further, rezoning this
property to a-Twill 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 ofthe 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 O-T zone, Staff believes that
the rezoning of this property to a-Tis in the best interest of the City. Please see Exhibit D 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 0- T zone regarding setbacks,
Vanbragt RZ-07-007
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 26, 2007
property size, street frontage, parking, etc.). Currently, there are no development standards for the
0- 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. Ail
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 Commission
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 commitment 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
Commission 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 commitments 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 staffreport for the hearing date of May 17,
2007, based on the Findings of Fact as listed in Exhibit D. Staffhas included all comments
and recommended actions in the attached Exhibit A (because this is only a rezone application,
there are no conditions of approval). The Meridian Planninl! & Zoninp' Commission heard
this item on Mav 17. 2007. At the nublic hearing they aDnroved the subiect RZ reouest.
11. EXHmITS
A. Agency and Department Comments
I. Planning Department
2. Public Works Department
B. Legal Description & Exhibit Map
C. Current/ProDosed Floor Plan & Site Photo
D. Required Findings from Unified Development Code
Vanbragt RZ-07-007
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 26, 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 Ail 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.
B. Legal Description & Exhibit Map
Exhibit A
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 26, 2007
LegalI'lPcnintIftn
vanbragt Property Re-Zoning
A parcel for re-zoning purpoees, being a portion of Block 6 of West Vlf!1w Addition to
Meridian, .. shown in Book 8 of plat8. on page 68, r8CX)rd8 of Ada County, Idaho. and
being focaIed in the N % of the SE % of Section 12, Township 3 North. Range 1 West.
Boise Meridian. and more patticulsrty described as foIow8:
BEGINNING at a 518 inch d~ iron pin marking the Inter8ection of West Broadway
Avenue and West 3. Street (Formerty Neal Avenue) from which a brass cap monument
martOOg the intersection of West Broedway Avenue and the westerly boundary line of
West View Addition to Meridian bears N 8~52'12'" W a distance 286.15 feet;
Thence H 89052'12"' WaIong the center Ire of West Broedway Avenue distance ot85.00
feet to a point;
Thence I18Ying said center line S 0.16'180 W a distance of 209.02 feet to 8 point;
Thence S 88052'120 E a distance of 85.00 feet to a point on the center One of West aIlS
Street (Formerty Neal Avenue);
Thence N 0-18'180 E along the said center line diStance of 209.02 feet to the POINT OF
BEG__;
This parcel contains 17,766 sqU818 feet (O.41acres) and is subject to any easements.
existing or in use.
:'~
Clinton W. Hansen, PLS
land Solutions, PC
March 8. 2007
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Job No, 07-11
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 26, 2007
RE-ZONING VANBRAGT PROPERTY
A PORTION OF BLOCK 6 OF WEST VIEW ADDITION TO MERIDIAN,
AND BEING LOCATED IN THE N '/2 OF THE SE 1/4 OF SECTION '2,
TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN.
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 26, 2007
C: Current/Proposed Floor Plan and Site Photos
The Applicant is proposing to expand the existing house by building on a kitchen where the carport is
located. There will be no change in the style of the house,just an extension of the sidewall and roof
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Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 26, 2007
D. Required Findings from Unified Development Code
I. 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. The Commission 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;
The Commission finds that single. family dwellings are a permitted use within the requested
zoning district of o. T. The Commission finds that rezoning this property will make the
existing home a conforming use in the zone. As a conforming 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;
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 finding.
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,
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 D