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HomeMy WebLinkAboutStaff ReportChanges to the Agenda: None Item #4: Creekside (CUP-10-002) Location, size of property and existing zoning: The subject property consists of 0.94 of an acre and is zoned I-L. The site is located at 503 W. Broadway Avenue. Adjacent Land Use and Zoning: The surrounding area consists of residential & industrial uses, zoned I-L and R-15. The uses abutting this property are also nonconforming residential uses zoned I-L. Application Summary:. • CUP approval to extend the existing nonconforming residential use of the property by constructing a garage & carport for the existing dwelling on the site. The applicant's request originally included a contractor's yard on the rear portion of the site but the applicant has since withdrawn that portion of the CUP request. Note: Residential use is not allowed by the UDC in the I-L district. However, because the residential use existed prior to the rezone of the property to I-L, the use is allowed to continue as a nonconforming use in the I-L district. As such, CUP approval is required to extend the nonconforming use. (Construction and reconstruction of structures is considered extending the use.) Outstanding Issue(s) for Commission: None Written Testimony: A letter in support of the application was received from Dennis Taggart, a neighbor from across the street. Staff Recommendation: Staff recommends approval of the subject application per the conditions listed in Exhibit B of the staff report. STAFF REPORT Hearing Date: May 20, 2010 TO: Planning & Zoning Commission E IDIAN~-- FROM: Sonya Wafters, Associate City Planner I D A H O 208-884-5533 SUBJECT: CUP-10-002 -Creekside I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Juston Hall, has applied for conditional use permit (CUP) approval to extend the existing nonconforming residential use of the property located at 503 W. Broadway Avenue, as required by UDC 11-1B-4A.1. The applicant proposes to construct a garage and carport for the existing dwelling. As part of the conditional use, the applicant requested to be allowed to use the rear portion of the property as a holding yard/parking lot for a contractor's yard. The applicant subsequently withdrew this portion of the CUP request. See Section IX Analysis for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed CUP with the conditions listed in Exhibit B, 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 approve File Number CUP-10- 002 as presented in the staff report for the hearing date of May 20, 2010, with the following modifications: (Add any proposed modifications.) Ifurther move to direct Staff to prepare an appropriate findings document to be considered at the next Planning and Zoning Commission hearing on June 3, 2010. Denial After considering all staff, applicant and public testimony, I move to deny CUP-10-002 as presented during the hearing on May 20, 2010, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number CUP-10-002 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: 503 W. Broadway Avenue Located in the southeast % of Section 12, Township 3 North, Range 1 West B. Owner(s): Creekside Inc. 235 N. Pinedale Way Eagle, ID 83616 PAGE 1 C. Applicant: Juston Hall 235 N. Pinedale Way Eagle, ID 83616 D. Representative: Same as applicant E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for a conditional use permit. A public hearing is required before the Planning & Zoning Commission on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: May 3, and 17, 2010 C. Radius notices mailed to properties within 300 feet on: Apri130, 2010 D. Applicant posted notice on site by: May 10, 2010 VI. LAND USE A. Existing Land Use(s) and Zoning: This site is zoned I-L (Light Industrial). An occupied residential home exists on this site. B. Character of Surrounding Area and Adjacent Land Use and Zoning: The character of the surrounding area consists of residential and industrial uses, zoned I-L and R-15. The uses abutting this property are also nonconforming residential uses zoned I-L. C. History of Previous Actions: • This property along with several others in this area on the south side of Broadway Avenue was rezoned to I-L (Light Industrial) several years ago for an industrial development, which never occurred. D. Utilities: 1. Public Works: a. Location of sewer: Currently served by mains located in W Broadway Ave b. Location of water: Currently served by mains located in W Broadway Ave c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: NA 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This property is not within the floodway but is in flood zone X5. F. Access: This property is accessed via W. Broadway Avenue. PAGE 2 VII. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is designated "Medium Density Residential (MDR)" on the Comprehensive Plan Future Land Use Map. As stated in the Comprehensive Plan (page 99), MDR designated areas allow smaller lots for residential purposes within City limits. Uses may include single-family homes at densities of three to eight dwelling units per acre. The existing and continued residential use of this property is consistent with the MDR designation. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): • Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. 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 property in the following manner: • Sanitary sewer and water service is currently provided to the property. • 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 No. 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 continue to 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. • Chapter VII, Goal IV (page 112) -Encourage compatible uses to minimize conflicts and maximize use of land. Although this property is designated for MDR uses, this property and several adjacent properties on the south side of W. Broadway Avenue were previously rezoned to I-L. As a result, there is a mix of industrial and nonconforming residential uses in this area. Staff believes the continued residential use of this property is compatible with abutting residential uses and the future land use designation of MDR for this property. VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zone: The purpose of the industrial districts is to provide for convenient employment centers of light manufacturing, research and development, warehousing, and distributing. In accord with the Meridian Comprehensive Plan, the I-L district is intended to encourage the development of industrial uses that are clean, quiet and free of hazardous or objectionable elements and that are operated entirely, or almost entirely, within enclosed structures. Accessibility to transportation systems is a requirement of this district (UDC 11-X- 1 A). B. Schedule of Use: Unified Development Code (UDC) 11-2C-21ists the principal permitted, accessory, conditional, and prohibited uses in the I-L zoning district. The residential use of the property is considered a nonconforming use because it lawfully existed prior to the effective date PAGE 3 of the UDC and does not now conform to the allowed uses for the I-L district. C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2C-3 for the I-L zoning district apply to this site. D. Landscaping Standards (UDC 11-3B): 1. Width of street buffer(s): NA 2. Width of buffer(s) between land uses: NA 3. Percentage of site as open space: NA 4. Tree Preservation: NA E. Off-Street Parking: UDC 11-3C-6 requires a total of 4off-street parking spaces to be provided for 2, 3, and 4 bedroom units consisting of at least 2 spaces in an enclosed garage and at least 2 spaces on a 20' x 20' parking pad between access and garage. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: The applicant requests CUP approval to construct a garage and carport on the subject property. Because residential use of this property is considered a nonconforming use in the I-L district, CUP approval is required to extend the nonconforming use in accord with UDC 11-1B-4A.1. Construction and reconstruction of structures is considered extending the use. The applicant originally requested approval of a contractor's yard on the rear portion of the property with this application but has subsequently withdrawn the request. The applicant tore down an existing structure that was behind the house and had almost completed building the new structures when the City's Building Inspector noted the construction and informed the applicant that a building permit was required. A stop work order was issued until such time as he obtained the necessary permits. The CUP approval is required prior to issuance of a building permit. Because the residence does not currently have a garage or carport as required by UDC 11-3C-6, the addition of a 2-car garage and a 25' x 36'covered carport will bring the property into conformance with the intent of the City's off-street parking requirements for residential uses. The applicant has also significantly renovated the exterior of the home. 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