HomeMy WebLinkAboutStaff ReportRECErvED
MAY 0 4 ~
STAFF REPORT Hearing Date: May 7, 2009
TO: Planning & Zoning Commission
FROM: Sonya Watters, Associate City Planner
208-884-5533
SUBJECT: RZ-09-001 -Dove Meadows
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I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, City of Meridian Planning Department, has applied to Rezone (RZ) 7.53 acres of land
in Dove Meadows Subdivision from the L-O (Limited Office) zoning district to the R-8 (Medium
Density Residential) zoning district. See Section 10 of the staff report for more information.
II. SUMMARY RECOMMENDATION
Staff is recommending approval of the proposed rezone based on the Findings of Fact and
Conclusions of Law in Exhibit D of the Staff Report.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to recommend approval to the City
Council of File Number RZ-09-001, as presented in the staff report for the hearing date of May 7,
2009 with the following modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to recommend denial to the Ciry
Council of File Number RZ-09-001, as presented during the hearing on May 7, 2009, for the
following reasons: (You should state specific reasons for denial of the annexation and you must
state specific reason(s) for the denial of the plat.)
Continuance
I move to continue File Number RZ-09-001 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
Lots 1 and 2 and a portion of Lot 3, Block 2; portions of Lots 1 & 10, and Lots 2-9, Block 1,
Dove Meadows Sub. No. 1; portions of Lots 11 & 12, and Lots 13-24, Block 1, Dove Meadows
Sub. No. 2), in the SE'/ of Section 5, Township 3 North, Range 1 East.
B. Owner(s):
Various (see application for complete list)
C. Applicant:
City of Meridian Planning Department
33 E. Broadway Ave.
Meridian, ID 83642
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D. Representative:
Pete Friedman, Deputy Director
33 E. Broadway Ave.
Meridian, ID 83642
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for a rezone. A public hearing is required before the Planning & Zoning
Commission and City Council on this matter, consistent with Meridian City Code Title 11,
Chapter 5.
B. Newspaper notifications published on: April 20, and May 4, 2009
C. Notices mailed to subject property owners on: Apri19, 2009
D. Public service announcement was broadcast faxed on: April 10, 2009
E. Applicant posted notice on site(s) on: April 24, 2009
VI. LAND USE
A. Existing Land Use(s) and Zoning: There are currently single-family residences and associated
outbuildings on the subject properties.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: These properties are
currently surrounded by single-family residential properties and a church.
1. North: Single-family residential, zoned R-4
2. East: Church, zoned L-O
3. South: Vacant commercial property, zoned L-O
4. West: Single-family residential, zoned R-8
C. History of Previous Actions:
• These properties were annexed and zoned L-O in 1992 (Ordinance #581) with the Capital
Christian Church annexation. The reason for the L-O zoning was to allow for a planned unit
development for church, offices, open areas, parks, ball fields, apartments, and single-family
residential dwellings which would be allowed in the L-O zone subject to site plan review.
Subsequent to the annexation, the subject property was developed separately from the church
and the zoning was never changed during the subdivision process.
D. Utilities:
1. Public Works:
a. Location of sewer: This subdivision currently has services installed
b. Location of water: This subdivision currently has services installed.
c. Issues or concerns:
E. Physical Features:
1. Canals/Ditches Irrigation: There are no canals or ditches that traverse these properties.
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2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: These properties do not lie within the floodplain or floodway.
F. Access: No new access points are proposed to the subject properties with this application.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
The subject properties are designated as "Medium Density Residential" on the Comprehensive Plan
Future Land Use Map. This designation allows smaller lots for residential purposes within the city
limits. Uses may include single-family homes at densities of 3 to 8 dwelling units per acre. The
current R-8 zoning district and existing single-family residential homes complies with the medium
density residential designation for these properties.
Staff finds the following Comprehensive Plan policy to be applicable to this application and apply to
the current single-family residential use of these properties (staff analysis in italics):
When the City established its Area of City Impact, it planned to provide City services to the subject
property. The City of Meridian currently provides municipal services to the subject properties in the
following manner:
• Sanitary sewer and water service has been extended to the subject properties.
• The lands are serviced by the Meridian Fire Department (MFD).
• The lands are serviced by the Meridian Police Department (MPD).
• The roadways adjacent to the subject lands are currently owned and maintained by the Ada
County Highway District (ACHD). This service will not change.
• The subject lands are currently serviced by the Meridian School District #2. This service will not
change.
• The subject lands are currently serviced by the Meridian Library District. This service will not
change.
Municipal, fee-supported, services will be provided by the Meridian Building Department, the
Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater
Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary
Services Company.
VIII. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of Zone: The purpose of the residential districts 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.
B. Schedule of Use: Unified Development Code (UDC) 11-2A-21ists the permitted, accessory, and
conditional uses in the R-8 zoning district. The existing single-family detached dwellings are
listed as principal permitted uses in the proposed R-8 zoning district.
C. Dimensional Standards: All of the lots shall comply with the dimensional standards listed in UDC
11-2A-6 for the proposed R-8 zoning district.
D. Landscaping: NA
E. Off-Street Parking: See UDC Table 11-3C-6 for the required number of parking spaces per
dwelling based on the number of bedrooms.
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IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
The Applicant is requesting approval to rezone 7.53 acres of land from L-O to R-8. The
proposed rezone area consists of 25 single-family residential lots and 2 common lots in
Dove Meadows Subdivision No.'s 1 and 2.
The residential use of these properties was authorized under a previously approved planned
development, which allowed residential uses on this site in the L-O district (per Ordinance #581).
Because the residential use of these properties lawfully existed prior to the effective date (9-15-
05) of the current UDC, the use/structures are considered non-conforming (UDC 11-1B-1), as
residential uses are prohibited in the L-O district. As such, the use(s) is allowed to continue as
long as the use remains lawful and is not expanded or extended, subject to the provisions listed in
UDC 11-1B-4; the nonconforming structure(s) maybe enlarged, repaired or modified, provided
that the additions or modifications to the structure conform to the requirements listed in UDC 11-
1 B-5.
The purpose of the amendment is to remove the nonconforming status of the properties and zone
them the same as the rest of the lots in Dove Meadows Subdivision.
The legal description for the proposed rezone submitted with the application (prepared on Apri12,
2009, by Glenn Bennett, PLS) shows the property within the existing corporate boundary of the
City of Meridian (see Exhibit C).
Staff believes that the requested R-8 zoning district is appropriate for the subject properties and
will "clean up" the zoning map so that the existing residential uses are principally permitted,
rather than nonconforming in the L-O district. Please see Exhibit D for detailed analysis of the
required facts and findings for the rezone request.
X. EXHIBITS
A. Drawings
1. Vicinity Map (Zoning & Aerial)
B. Comments/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. Rezone Legal Description & Exhibit Map
D. Required Findings from Unified Development Code
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A. Drawings
1. Vicinity Map (Zoning & Aerial)
Exhibit A Page 2
B. Comments/Conditions of Approval
1. PLANNING DEPARTMENT
1.1 Rezone -Comments
1.1.1 The legal description for the proposed rezone submitted with the application (prepared on Apri12,
2009, by Glenn Bennett, PLS) shows the property within the existing corporate boundary of the
City of Meridian (see Exhibit C).
2. PUBLIC WORKS DEPARTMENT
2.1 All utilities have been installed; Public Works has no issues with this application.
3. FIRE DEPARTMENT
3.1 The fire department has no concerns with this application.
4. POLICE DEPARTMENT
4.1 The Police Department did not submit comments on this application.
5. PARKS DEPARTMENT
5.1 The Parks Department did not submit comments on this application.
6. SANITARY SERVICES COMPANY
6.1 SSC did not submit comments on this application.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 ACHD did not submit comments on this application.
Exhibit B Page 2
C. Legal Description & Exhibit Map
itl:-ZONE B017NDARY DESCRiPTIUN
FUR T[iE
CITY OF MERIDIAN, ADA COUNTY, IQAIf#O
A parcel located. in the SW ! of the S£ %. of Section S, Township 3 Nurih, Range I East,
13o-se Metdi~t, Ada County, Idaho and being a part of I10YE MF.rt!)t)WS
SUBL?ISYfIJN NU. !and ~t'E ME~lUOfYS SUB1.21YlSTGN ND. 2, more pzurtiailarly
described as follaws:
Commencing at a 518 inch diarrteter itnn pin marking the sbuthwesterIy oortscx of said
SW 'h of the 51~ '~ from which. a brass cap rnanumetit marking the southeasterly comer of
the Sl~'.S of said Section 5 bears S 84°48'53" E a distance of 2644.18 feet;
Thence N 0°2?' I S" E along the westerly ~undary of said S W h of the SE 'ti a distance
of 444.00 feet to the POINT OF BEGTiVNING;
Thenoe continuing N 0°2?'iS' E a distance of 868.52 fit to a brass cap monument
rnarkitrg the narthwestedy corner of said SW '~& of the SE 'k, said point also being on the
northerly boundary of said lJOYE ME.4E~WS SUBDIYIS1t7NN0. ?;
Thence S 89°44'36" E along she northerly baundary of said SW 'J, ofthe SE %, and said
'northerly baundary of ,DG)YE MEeIDDWS SUB~IYISIf7N NCJ. 2 a distance of 550. D d feet
to a point mcaticing the northeasterly earner of said f30YE MEADOWS St1BDlYlSlr7N
1~f0.1;
Thence leaving said northerly boundaries and along the easterly boundary of said AYE
MEAt~WS SUBDfi'lSffJ'N Nd. 3 the following described courses:
Thence S 0°27'36" W a distancx of 219.97 feet to a point;
Thence 5 43°32'44" W a distance of 150.00 feet ro a point on the easterly txwndary
of said pgYE MEACX~'WS SUgD1Y1SfON NO, !;
Thence S l l °59`54" W along said easterly boundary a distance of 35?.06 feet to a point
"Thanes leaving said easterly boundary 5 2°35'40" E a distance of 34. i B feet to a point on
the centerline of Hickory Way;
Thence slang said centerline a distance of 93.00 feet along the arc of a 400.00 foot radius
non-tangent cueve left, said cwve having a radius bearing S 2?°I 1'42" W, a central angle
of 13° t 9°17" and a long chord beariutg N 69°27'57" W a distance of 92,?9 feet to a point;
Thence continuing along said centerline N 76°OT'3S" W a distance of 107.02 feet to a
1~~t9
Thence leaving said centreline S 13°52'25" W a distance of 30.t10 feet to a point on the
saatheastedy2urundaryofsaidD+DYEMEAI}OWSSUBDIYI5ION~10. !;
Thencr S 43°2I'38°' W slang said southeasterly Iwundary a distance of 257,65 feet to a
paint marking the southeasterly corner of Lot 3 of Hlock 2 of said DOPE ME.4DUW5
S(IBDIYISIDN NU. !and the P~QiNT OF $BGINNING;
This parcel contains ?.65 acres.
Prepared by; Glenn K.13enr-ett, P1S
Civil Survey Consultants, incorporated
April. 2, 24th
Exhibit C Page 2
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Exhibit C Page 3
D. 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 rezone the subject properties from L-O to R-8. Staff finds that
the proposed zoning map amendment complies with the applicable provisions of the
Comprehensive Plan.
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
Staff finds that the requested R-8 zoning and residential use of these properties is consistent
with the purpose statement of the residential districts.
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 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,
Staff 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.
e. The annexation is in the best of interest of the City (UDC 11-SB-3.E).
This finding is not applicable as the applicant is requesting approval of a rezone, not
annexation.
Exhibit D