HomeMy WebLinkAboutStaff ReportCITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2008
STAFF REPORT Hearing Date: August 21, 2008
TO: Planning & Zoning Commission E IDIAN~,x---
FROM: Sonya Watters, Associate City Planner .~ ~~ ': `~ ~-~' ~ ~ l~,
(208) 884-5533 ~~~~~ = - .~-~ ~ ~~
SUBJECT: Kerwin
• CUP-08-019
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Conditional Use Permit to extend the existing nonco~fo~g r~si~~~ti~l ~ug~ `- E~~~_
of the property located at 417 W. Broadway Avenue in the I-L zoning district
1. SiJ1VIlVIARY DESCRIPTION OF APPLICANT'5 REQUEST
The Applicant, William Kerwin, is requesting Conditional Use Permit (CUP) approval to extend the
existing nonconforming residential use of the property located at 417 W. Broadway Avenue, in the I-
L zoning district.
The subject properiy contains a single-family dwelling, which is used as a residence. Per UDC Table
11-2C-2, residential uses aze not allowed in the I-L district. However, a nonconforming use may
continue as long as a conditional use permit is acquired and the use remains lawful and is not
expanded or extended. The applicant is proposing to move an existing garage to another location on
the subject property, which qualifies as an alteration and therefore is subject to conditional use permit
approval, per UDC 11-1B-4A.1.
2. SUIVIMARY RECONIlVIENDATION
Staff has provided a detailed analysis of the requested CiIP application below. Staff recommends
approval of CUP-08-019 to eztend the ezisting nonconforming residential use of the
subject property including allowing a garage to be relocated on the site, as presented in
the 5taff Report for the hearing date of August 21, 2008, subject to the conditions listed in
Ezhibit B.
3. PROPOSED MOTIONS
Approval
After considering all Staff, Applicant, and public testimony, I move to approve File Number CiJP-08-
019, as presented in the staff report for the hearing date of August 21, 2008, with the following
modifications to the conditions of approval: (add any proposed modifications). I further move to
direct Staff to prepare an appropriate fmdings document to be considered at the next Planning and
Zoning Commission hearing on September 4, 2008.
Denial
After considering all Staff, Applicant, and public testimony, I move deny File Number CUP-08-019,
as presented during the hearing on August 21, 2008, for the following reasons: (you must state
specific reasons for denial and what the applicant could do to obtain your approval in the future). I
further move to direct Staff to prepare an appropriate findings document to be considered at the next
Planning and Zoning Commission hearing on September 4, 2008.
ConHnuance
After considering all Staff, Applicant, and public testimony, I move to continue File Number CUP-
OS-019 to the hearing date of (insert continued hearing date here) for the following reason(s): (you
should state specific reason(s) for continuance)
Kerwin CUP-08-019 Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2008
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
417 W. Broadway Avenue
Southeast '/a of Section 12, Township 3 North, Range 1 West
b. Owner:
William Kerwin
417 W. Broadway Avenue
Meridian, ID 83642
c. Applicant / Contact:
Same as Owner
d. Present Zoning: I-L (Light Industrial)
e. Present Comprehensive Plan Designation: Medium Density Residential
f. Description of Applicant's Request: The Applicant is requesting Conditional Use Permit (CLJP)
approval to move an existing garage to a new location, thus extending the non-conforming
residential use of the properiy in the I-L district, as required by UDC 11-1B-4A.1.
g. Description of Applicant's Justification for CUP Approval: "The garage needs to be moved so I
can build a shop on the back portion of the property." See applicant's narrative for more
information.
5. PROCESS FACTS
a. The subject application will, in fact, constitute a conditional use as determined by City
Ordinance. By reason of the provisions of Idaho Code, Title 67, Chapter 65, and UDC 11-SA-2D,
a public hearing is required before the Planning and Zoning Commission on this matter.
b. Newspaper notifications published on: August 4, 2008 and August 18, 2008
c. Radius notices mailed to properties within 300 feet on: August 1, 2008
d. Applicant posted notice on site by: August 11, 2008
6. LAND USE
a. Existing Land Use(s): The subject property contains a single-family dwelling, garage, and
associated outbuildings.
b. Description of Character of Surrounding Area: The properties to the east and west are zoned I-L
and consist of a mix of industrial and residential uses. The property directly adjacent to this site
on the west has a residence and a welding shop on it. The property across the street is zoned R-15
and consists of residential uses. The site abuts the railroad on the south.
c. Adjacent Land Use and Zoning
1. North: Single-family residences; zoned R-8
2. East: Single-family residence; zoned I-L
3. South: UPRR and industrial uses (lumber company), zoned I-L
Kerwin CUP-08-019 Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2008
4. West: Single-family residences, welding shop; zoned I-L
d. History of Previous Actions:
• This property was part of several residential properties on the south side of Broadway along
the railroad tracks that were rezoned to I-L for an industrial development that never occurred.
These properties that are still being used for residential purposes are considered
nonconforming uses in the I-L district in which they lie.
• A Certificate of Zoning Compliance was approved on July 3, 2008 for a ductwork fabrication
shop on the rear of the subject property.
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer: W Broadway Ave.
Location of water: W Broadway Ave.
Issues or concerns: All main extensions must be located under a drivable surface.
2. Vegetation: There aze several existing trees and landscaping on the site. Mitigation is
required for all e~sting healthy trees 4-inch caliper or greater that are/were removed
from the site, in compli~nce with the standards listed in UDC 11-3B-lOC.
3. Floodplain: The northern half of this site is located within flood zone XS but is not located
within the flood way.
4. Canals/Ditches Irrigation: N/A
5. Hazards: N/A
6. Lot Size: 0.42 of an acre (includes two parcels)
f. Conditional Use Infonnation:
1. Non-residential square footage: NA
2. Hours of Operation: NA
g. Off-Street Parking: Off-street parking is proposed at the rear of the new location of the garage.
h. Summary of Proposed Streets andlor Access (private, public, common drive, etc.): Access to the
subject property is provided from W Broadway. No new access points or streets aze proposed
with this application.
7. COMMENTS MEETING
On August l, 2008, a joint agency and departments meeting was held with service providers in this
area. The agencies and departments present included: Meridian Fire Department, Meridian Public
Works Department, and the Meridian Police Department. Staff has included comments, conditions,
and recommended actions in Exhibit B below.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Medium
Density Residential." This designation allows smaller lots for residential purposes within the city
lunits. Uses may include single-family homes at densities of 3 to 8 dwelling units per acre. Staff
believes that the elcisting and future residential use of the property complies with the medium density
residential land use designation for this site.
Kerwin CUP-08-019 Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2008
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed development (staff analysis below policy in italics):
• Encourage compatible uses to rrLni _mi~e conflicts and maximize use of land. (Chapter VII,
Goal N, page 112)
Staff believes that the existing and future residential use of this property is compatible with
sun~ounding residential uses.
Staff believes that the current and future residential use of this property is consistent with the
Comprehensive Plan future land use map designation of inedir~m density residential and is
compatible with the surrounding uses. Staff recommends that the Co`nmission rely on any verbal
or wvitten testimony that may be provided at the public heaPing when deter`ni~zing if the applicant's
request is appropriate for this property.
9. iJNIFIED DEVELOPMENT CODE (Applicable Sections)
UDC Table 11-2C-2 lists single-family dwellings as an"accessory" use in the I-L district. Single-
family dwellings as a primary use aze prohibited.
Because the residential use of this property was lawful prior to September 15, 2005 and before the
property was rezoned to I-L, it is now considered a legal nonconfornung use. Per UDC 11-1B-4,
nonconforniing uses that are expanded or extended, such as this, require CLTP approval.
UDC 11-3C-6 requires single-family detached dwellings to have 2 parking spaces in an enclosed
garage with a 20' x 20' pazking pad between access and garage.
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation: Staff is generally supportive of the
proposed CUP request as presented in the staff report, with the following comments:
Conditional Use Permit (CUP): A CiTP is requested to extend the existing nonconforming
residential use of the property located at 417 W. Broadway Avenue in the I-L zoning district. The
applicant proposes to move an existing garage to a new location on the property, thus extending
the non-conforming residential use of the property, according to UDC 11-1B-4. Per UDC 11-1B-
4, a CUP is required to extend the existing nonconforming use of the property.
The Comprehensive Plan future land use map designates this property for medium density
residential uses which corresponds with the existing and future residential use of the property.
Because the future land use map shows a residential designation of this property, and because
several of the nearby properties also contain homes, staff is supportive of the proposed CUP. The
Commission should consider whether or not it is appropriate to require the applicant to
submit a re-zone applicaNon to clean-up the zoning of this property to match the use.
Access: Access to the site is provided from one 20-foot (+/-) wide driveway to/from W.
Broadway Avenue. 1Vo new access points aze proposed or approved with this application. The
Fire Department has included a condition of approval in Ezhibit B for the applicant to
provide a fire department turn around at the south end of the property.
Site/Landscape Plan: A site/landscape plan was submitted for this site showing the location of
the existing house, recently approved shop, and the e~sting and proposed location of the garage.
Existing and proposed trees and landscaping are also shown on the plan. Staff is generally
supportive of the site plan.
Kerwin CUP-08-019 Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2008
Building Permit: A building permit is required to be obtained prior to the relocation of the
e~sting garage. Building setbacks and dimensional standards for the relocated garage shall
comply with those listed in UDC 11-2C-3 for the I-L district.
b. Staff Recommendation: Staff recommends approval of CUP-08-019 to extend the existing
nonconforming residential use of the subject property, including the relocation of a
garage on the site, as presented in the Staff Report for the hearing date of August 21, 2008,
based on the Findings of Fact as listed in Ezhibit C and subject to the conditions of
approval listed in Ezhibit B.
11. EI~ITS
A. Exhibits
1. Vicinity Map
2. Site Plan
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Parks Department
6. Sanitary Service Company
7. Ada County Highway District
C. Required Findings from UDC
Kerwin CUP-08-019 Page 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2008
A. Drawings
1. Vicinity Map
F.xhibit A
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2008
2. Site Plan
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Exhibit A
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2008
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 The subject CUP request to relocate a garage and continue a residential use on this property is
hereby approved. A building permit is required to be obtained prior to the relocation of the
existing garage. Building setbacks and dimensional standards for the relocated garage shall
comply with those listed in UDC 11-2C-3 for the I-L district.
2. PUBLIC WORKS DEPARTMENT
2.1 Sanitary sewer service to this development is being proposed via extension of mains in W
Broadway Ave. The applicant will need to connect to the existing sewer main in W Broadway
Ave and extend services to the purposed buildings, All mains must be under a road way or
drivable surface. The applicant shall install mains to and through this subdivision; applicant shall
coordinate main size and routing with the Public Works Department, and execute standard forms
of easements for any mains that are required to provide service. Minimum cover over sewer
mains is three feet, if cover from top of pipe to sub-grade is less than three feet than altemate
materials shall be used in conformance of City of Meridian Public Works Departments Standard
Specifications.
2.2 Water service to this site is being proposed via extension of mains in W Broadway Ave. Due to
fire flow requirements the applicant will need to connect to the existing 4-inch water main in W
Broadway Ave and extend a 4-inch main with in the applicants property to serve the purposed
buildings, All mains must be under a road way or drivable surface. The applicant shall be
responsible to install water xnains to and through this development, coordinate main size and
routing with Public Works.
2.3 The applicant shall provide a 20-foot easement for a11 public water/sewer mains outside of public
right of way (include all water services and hydrants). The easements shall not be dedicated via
the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms.
The easement shall be graphically depicted on the plat for reference purposes. Submit an
executed easement (on the form available from Public Works), a legal description, which must
include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and
distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a
Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this
document.
2.4 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or
lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6.
Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association
(ditch owners), with written approval or non-approval subxnitted to the Public Works Department.
If lateral users association approval can't be obtained, alternate plans shall be reviewed and
approved by the Meridian City Engineer prior to final plat signature.
2.5 Any existing domestic well system within this project shall be removed from domestic service per
City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at
(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic
purposes such as landscape irrigation if approved by Idaho Department of Water Resources
Contact Robert B. Whitney at (208)334-2190.
2.6 Any existing septic systems within this project shall be removed from service per City
Ordina.nce Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures
and inspections (208)375-5211.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2008
2.7 All development improvements, including but not limited to sewer, fencing, micro-paths,
pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
2.8 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to the issuance of a plan
approval letter.
2.9 Compaction test results sha11 be submitted to the Meridian Building Department for all building
pads receivi.ng engineered baclcfill, where footing would sit atop fill material.
2.10 The engineer shall be required to certify that the street centerline elevations are set a m;n;mum of
3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the foundation is at least 1-foot above.
2.11 At the completion of the project, the applicant shall be responsible to submit record drawings
per the City of Meridian AutoCAD standards. These record drawings must be received and
approved prior to the issuance of a certification of occupancy for any structures within the
project.
3. FIRE DEPARTMENT
3.1 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required
to have an approved turn azound. Provide a fire department turn around at the south end of
property.
4. POLICE DEPARTMENT
4.1 The Police Department has no concems related to this application.
5. PARKS DEPARTMENT
5.1 The Parks Department did not submit comments on this application.
6. SAI~TITARY SERVICES COMPANY
6.1 SSC has no comments related to this application.
7. ADA COUNTY HIGHWAY DISTRICT
ACHD issued a"No Review" letter for this application.
E~chibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TI~ HEARING DATE OF AUGUST 21, 2008
C. Required Conditional Use Permit Findings from UDC
The Commission shall base its determination on the Conditional Use Permit request upon the
following:
1. That the site is large enough to accommodate the proposed use and meet all the dimensional
and development regulations in the district in which the use is located.
Staff fmds that the site is large enough to accommodate the relocation of the garage as proposed.
The dimensional and development regulations, if the CUP is approved to allow the residential use
in the I-L district, can be accommodated. Staff recommends the Commission rely on Staffls
analysis and any oral or written public testimony provided when determining if this site is large
enough to accommodate the proposed use.
2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in
accord with the requirements of this Title.
Staff finds that the Comprehensive Plan Future Land Use Map designation for this property is
medium density residential. The property is currently zoned I-L but is residential in nature. The
elcisting and future residential use of the property complies with this designation. Staff
recommends that the Commission decide whether requiring a rezone to a residential zone to
have the use conform to the requirements of Title 11 is appropriate.
3. That the design, construction, operation and maintenance will be compatible with other
uses in the general neighborhood and with the e~sting or intended character of the general
vicinity and that such use will not adversely change the essential character of the same area.
Staff finds that, if the Applicant complies with the conditions outlined in this report, the
continued residential use of the property should be compatible with other uses in the general area
and with the existing and intended character of the area. Further, Staff believes that the proposed
use will not adversely change the essential character of the area.
4. That the proposed use, if it complies with all conditions of the approval imposed, will not
adversely affect other property in the vicinity.
Staff finds that, if the Applicant complies with the conditions outlined in this report, the proposed
use will not adversely affect other property in the area. The Commission should rely upon any
public testimony provided to determine if the development will adversely affect the other
properiy in the vicinity.
5. That the proposed use will be served adequately by essential public facilities and services
such as highways, streets, schools, parks, police and fire protection, drainage structures,
refuse disposal, water, and sewer.
Staff finds that the subject property is currently served by public facilities such as streets, police,
and fire protection. Staff finds that the proposed use will continue to be served adequately by
those facilities and services previously mentioned.
6. That the proposed use will not create ezcessive additional costs for public facilities and
services and will not be detrimental to the economic welfare of the community.
Staff fmds the proposed relocation of the garage, and continued residential use of the property
should not create excessive additional costs for public facilities and services. Staff finds that the
proposed use will not be detrimental to the community's economic welfare.
Exhibit C
CITY OF 1VIERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2008
7. That the proposed use will not involve activities or processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of ezcessive production of traffic, noise, smoke, fumes, glare, or odors.
Staff recognizes that traffic and noise is a concern; however, Staff does not believe that the
amount generated will change by relocating the garage on this site. Staff does not anticipate the
existing and future residential use of the property will create excessive noise, smoke, fumes, glare,
or odors.
S. That the proposed use will not result in the destruction, loss or damage of a natural, scenic,
or historic feature considered to be of major importance.
Staff finds that there should not be any health, safety or environmental problems associated with
the proposed use that should be brought to the Commission's attention. Staff finds that the
proposed relocation of the garage and continued use of the property as a residence will not result
in the destruction, loss or damage of any natural, scenic, or historic feature of major importance.
Exhibit C