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Staff ReportChanges to Agenda: None Item #4A: Valenti (RZ•13-004) Application(s): Rezone Size of property, existing zoning, and location: This site consists of 0.34 acres, is currently zoned R-4, and is located at 1205 N. Meridian Road. Adjacent Land Use & Zoning: 1. North: Single-family residence, zoned R-4 2. East: Meridian Road; Single family residence, zoned R-15 3. South: Barber Shop (personal service use), zoned 0-T 4. West: Single-family residences, zoned R-4 Summary of Request: This site consists of 0.16 of an acre (0.34 of an acre including adjacent right-of--way) of land currently zoned R- 4. The requested 0-T zone is consistent with the Comprehensive Plan Future Land Use Map designation of Old Town for this site. Currently, the property is developed with a single family residence which will remain a principally permitted use under the requested 0- Tzone. The existing home/property does not conform to the dimensional standards of the R-4 district (25-foot streef setback for the structure and a minimum 8,000 square foot lot). The rezone would eliminate the non-conformity as the 0-T zone does not specify a minimum lot size or building setback. The current owner of the property has no desire of developing the property at this time. Due to the split corridor roadway project, the rezone is requested to prepare the property for future sale and increase the marketability of the property. The applicant has submitted a basic concept plan as required with rezone application. The primary purpose of this plan is to demonstrate that future access of the property will be provided from W. Washington Street and/or alley consistent with UDC. Staff is not recommending a development agreement with the subject rezone request for the following reasons: 1) This is a relatively small parcel and the rezone of the property would eliminate the non-conformity of the property with regards to the R-4 dimensional standards; 2) The existing single family home is a principally permitted use in the proposed 0-T zone. With redevelopment and/or change of use for the site, a Certificate of Zoning Compliance application will be required to be submitted to the Planning Division for review and approval. The applicant will be responsible for ensuring the site complies with all City of Meridian ordinances in effect at the time development including but not limited to parking, landscaping and access and; 3) The Comprehensive Plan encourages the revitalization of Downtown. Any future development must comply with all City ordinances in effect at the time of development. Comprehensive Plan FLUM Designation: Old Town Written Testimony: None Staff Recommendation: Approval Notes: STAFF REPORT HEARING DATE: TO: FROM: SUBJECT: June 6, 2013 Planning and Zoning Commission Bill Parsons, Associate City Planner 208-884-5533 E IDIAN~- IDAHO Bruce Freckleton, Development Services Manager 208-887-2211 RZ-13-004 -Valenti Rezone L SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, LTD, LLC, has submitted an application for rezone (RZ) of 0.34 of an acre of land from the R-4 (Medium-low Density Residential) to the O-T (Old Town) zoning district. See Section IXAnalysis for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed RZ application as requested by the applicant, 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 City Council of File Number RZ-13-004 as presented in the staff report for the hearing date of June 6, 2013, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to recommend approval to City Council of File Number RZ-13-004 as presented in the staff report for the hearing date of June 6, 2013, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number RZ-13-004 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: The subject property is located on the NWC of N. Meridian Road and W. Washington Street in the NE '/4 of Section 12, Township 3 North, Range 1 West. B. Owner(s): Jeanne Valenti P.O. Box 40 Meridian, ID 83680 C. Applicant: Same as owner Valenti Rezone - RZ-13-004 PAGE 1 D. Representative: Richard Gray, Compass Land Surveying 419 Madrone Circle Nampa, ID 83686 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: May 20, and June 3, 2013 (Commission); C. Radius notices mailed to properties within 300 feet on: May 16, 2013(Commission); D. Applicant posted notice on site by: May 23, 2013(Commission); VI. LAND USE A. Existing Land Use(s): The subject property is developed with an existing single family residence. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Single-family residence, zoned R-4 2. East: Meridian Road; Single family residence, zoned R-15 3. South: Barber Shop (personal service use), zoned O-T 4. West: Single-family residences, zoned R-4 C. History of Previous Actions: In 2012, the Planning Division approved a property boundary adjustment (PBA-12-009) to consolidate two (2) parcels into one. D. Utilities: 1. Public Works: a. Location of sewer: Existing home is connected to sewer. b. Location of water: Existing home is connected to water. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: NA 2. Hazards: Staff is unaware of any hazards that may exist on this site. 3. Flood Plain: This site does not lie within a floodplain or floodway. VII. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated Old Town on the Comprehensive Plan Future Land Use Map (FLUM). This designation includes the historic downtown and the true community center. Sample uses include offices, retail and lodging, theatres, restaurants, and service retail for surrounding residents and visitors. A variety of residential uses are also envisioned and could include reuse of existing buildings, new construction ofmulti-family residential over ground floor retail or office uses. Valenti Rezone - RZ-13-004 PAGE 2 At this time, there is no development proposed for the subject property. The existing residence will remain which is an allowed use within the requested O-T zone. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the existing office use (staff analysis in italics): • Require all new parking lots to provide landscaping in internal islands and along streets (2.01.04B, Chapter 2, page 14). If/When the existing residence is converted to a commercial use in the future, the parking lot must comply with the landscape standards set forth in UDC 11-3B-7C. • Restrict private curb cuts and access points on collectors and arterial streets (3.06.02D, Chapter 3, page 53). Meridian Road access will be prohibited upon redevelopment of the property, including conversion of the existing home to anon-residential use. Future access to this site will be required from W. Washington Street in accord with UDC 11-3A-3, when a Certificate of Zoning Compliance permit is issued. • Permit new residential, commercial, or industrial developments only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City (3.01.O1F, Chapter 3, pg. 45). The subject property lies within the boundaries of the City of Meridian and is provided with City services. This service will not change with the rezoning of the property. • Encourage Infill Development (3.04.02B, Chapter 3, pg. 51). At this time, no new development is proposed for the subject property however; rezoning this property to the O-T zone allows the property to redevelopment with a greater variety of uses as envisioned under the Comprehensive Plan. Based on the analysis above, staff finds the existing use of the property and the proposed rezone to O- T is consistent with the goals and objectives of the Comprehensive plan. VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zone: Per UDC 11-2D-1A, the purpose of the old town district is to accommodate and encourage further intensification of the historical city center in accord with the Meridian Comprehensive Plan. The intent of the O-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. B. Schedule of Use: Unified Development Code (UDC) Table 11-2D-21ists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the O-T zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. The existing single family residence will remain a principally permitted use in the O-T zoning district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Table 11-2D-4 for the O-T zoning district. D. Access to Streets: Future development of this site must comply with the access standards set forth in UDC 11-3A-3. Currently, the property has an access to N. Meridian Road. Upon future development or change in use on the site, the Meridian Road access must cease and access to the site must be facilitated from W. Washington Street and/or alley as illustrated in the proposed Valenti Rezone - RZ-13-004 PAGE 3 concept plan. E. Landscaping: Parking lot landscaping must be installed in accord with the standards listed in UDC Table 11-3B-8C. F. Off Street Parking: UDC 11-3C-6B requires 1 space for every 500 square feet of gross floor area. Off-street parking applies to this property with a change of use or upon redevelopment of the site. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: REZONE (RZ): This site consists of 0.16 of an acre (0.34 of an acre including adjacent right-of--way) of land currently zoned R-4. The applicant proposes to rezone the property to O-T, consistent with the Comprehensive Plan Future Land Use Map designation of Old Town for this site. Currently, the property is developed with a single family residence which will remain a principally permitted use under the requested O-T zone. Currently, the existing home and property does not conform to the dimensional standards of the R-4 district. The R-4 zoning district requires a 25-foot street setback for the structure and at least 60 feet of frontage and a minimum 8,000 square foot lot. The rezone would eliminate the non-conformity as the O-T zone does not specify a minimum lot size or building setback. The applicant states that the current owner of the property has no desire or intention of developing the property at this time. Due to the split corridor roadway project, the owner is requesting the rezone to prepare the property for future sale and increase the marketability of the property. The applicant has submitted a basic concept plan (Exhibit A.2), as required with rezone application. The primary purpose of this plan is to demonstrate that future access of the property will be provided from W. Washington Street and/or alley consistent with UDC 11-3A-3. With redevelopment and/or change of use for the site, a Certificate of Zoning Compliance application will be required to be submitted to the Planning Division for review and approval. The applicant will be responsible for ensuring the site complies with all City of Meridian ordinances in effect at the time development including but not limited to parking, landscaping and access. Further, the applicant will be responsible for obtaining approvals from the Building Division if/when a change of use is proposed for the property. Although not required, the City typically requires the execution of a development agreement (DA) with rezone requests. Staff is not recommending a development agreement with the subject rezone request for the following reasons: 1) This is a relatively small parcel and the rezone of the property would eliminate the non- conformity of the property with regards to the R-4 dimensional standards; 2) The existing single family home is a principally permitted use in the proposed O-T zone. Any change of use and or redevelopment will require certificate of zoning compliance and administrative design review approval, which will trigger the prohibition of the existing access point to Meridian Road and; 3) The Comprehensive Plan encourages the revitalization of Downtown. Any future development must comply with all City ordinances in effect at the time of development. Staff recommends approval of the proposed RZ application in accord with the comments listed in this report based on the findings in Exhibit D. Valenti Rezone - RZ-13-004 PAGE 4 X. EXHIBITS A. Drawings 1. Vicinity Map 2. Concept Plan B. Agency Comments 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Sanitary Service Company 6. Ada County Highway District 7. Parks Department C. Rezone Legal Description & Exhibit Map D. Required Findings from Unified Development Code Valenti Rezone - RZ-13-004 PAGE 5 Exhibit A.1: Vicinity Map _.. 224 216 1239 ', _. ~ _ ,. ~ erry Ave 133 1231 37 I. O No ~~ ~O 1217 1222 1223 -' ~ ~ - -_-- 1212 1 213 r o ~ ......... n rv ° ~ °rv 1205 3 . rv rv rv ~ Z 1204 WWashington St _ ----~ 231 211 127 N .- 103 ((I 1130 U r ..... _. ~~ I~_~_ - ~ ~ _. ~I 1124 1121 1112 1113 36 1105 _.__. ~ W Carlton Ave _. ~ 1035 O--"I' H _ 2 921 I„~ 922 I' ~ f ~ ___ 907 a I 91~ _ 911 j - - 903 Z 140 ~ 905 1029 1023 1015 rza; I _ c-c i 1220 ____O ~ ~ 1225 16 ~ 2b ~ M ~~ ~ C-C 1131 '- 25 33 45 ---. ~ ~ _-- i __._ 311 __ __~ ~ ~ ~. ~ 1115 n ", v 1103 E Carlton Ave --r M l h l c ~ u, I 1031 i 105 I_ I ~ rv Irv ~ H '° 52 66 •- v rv o E State Ave ~ _. Z ~ ~ I 13 I o rv+ 911 + G l - rv i~ ~ 930 i .` ~ _ _... _ _ 1 I 4i _.. ~ _ ._. _. __ .__.. __ __ ....~ ~ i i 916 .. .. .. Z ~ r 36 ° i 46 ~ rn 906. rv ~ Valenti Rezone - R7,-13-004 PAGF, 6 Exhibit A.2: Concept Plan ~R ~ ~ wr~lr ~~ ~~ L ~~ • f ~~ ~~~. ~» ~ ~~ ~ ~ Valenti Rezone - RZ-13-004 PAGE 7 Exhibit B: Agency Comments 1. PLANNING DEPARTMENT 1.1 With any future expansion, change of use and/or redevelopment, the applicant will need to comply with all bulk, use, and development standards of the Old Town zoning district listed in UDC Chapter 2, District Regulations. 1.2 All future development of the subject property and expansion of existing structures will need to comply with City of Meridian ordinances in effect at the time of development and must obtain certificate of zoning compliance and administrative design review approval from the Planning Division. 1.3 Future access to this site must be provided from the adjacent local streets (W. Washington Street) or the adjacent alley in accord with UDC 11-3A-3. 1.4 With any future expansion, change of use and/or redevelopment, the applicant must contact the Building Division for code requirements pertaining to the site changing from a residential use to a non-residential use. The applicant will be responsible to complete all required improvements prior to issuance of a Certificate of Occupancy. It is unlawful to use or occupy any building or structure until the Building Official has issued a Certificate of Occupancy. 2. PUBLIC WORKS DEPARTMENT 2.1 The Public Works Department has no concerns with this application. 3. FIRE DEPARTMENT 3.1 The proposed project has no Fire Department concerns. 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns with this application. 5. REPUBLIC SERVICES 5.1 Republic Services has no concerns with this application. 6. PARKS DEPARTMENT 6.1 The Park's Department has no comments on this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 The applicant shall be required to meet all of the ACRD Standard Conditions of Approval as well as all ACRD Policies and requirements that may apply. Valenti Rezone - RZ-13-004 PAGE 8 Exhibit C: Rezone Legal Description & Exhibit Map s>-~ moors ar. TiaMNia~ t~14I2~Drrlf naM,~ ~aoealf~aP Fauc(~I0~~7,?ias Eaapir m cYant.fawa VaiMMi taattc At~uat A. 2012 .lab IwRa.: 3312 A par+oel d Land bainp N d tat 1 Bbdt 2, one half d Ma adjaad~t d waya d N. Road and W. Waehk~ton Aw. and orre MY d t4M- adJecant +~'Y- AM hairy) Pail o~the Nldry's !f eaond Addition b Merl~wi se nootdad Mn t~aok 1 t d phb at f~ape 5;1~t h the taf3oe d file Aaoordar d Ada l'01~-. Idaho. 8r10 tot IooaMd M tha 8E fdd NE 1J4 d Sadtm 12, Towmh~a 3 NoAh. Raapa 1 VYwt„ ttoha IYladdiwn. ~ d MeifdMn. AAa Gpunly Maho, mona padaMdy daaabad as b t~awMnandnp N a found Z-f1Z indr ~NneNMr bn~a oap awMldnp the 8l: aomar d aald ~ t!1 NE fd. (Fart 1M '1. acid ootnar 6esia S. ti0' 00' t1lT' E.. a dlNiwiaa d 2tib2.f3 Met horn a found 2.112 N~ dNnMMw bars wP ~1n0 file !Ih oan~ d aald NE 1/4, (Secaion aonwx oornn~on b saclPona t, a. 7 and 1~; Thence N. tN?' QO" 1i0~' E, a dlNana d li7i.Ali Mat skxp the eagr~iy barbary d acid 8E iK !~ 1K and abep tin aantadine d acid N. 1Asrldian Road b a hwnd apMat maAdnp tM Ndrtaetllon d NW N. Maddian hoed and W. Waahhplon Ave., saki point ~ tAe PIONMTQP`Bl~fi'iMhAtNKi Thanoa aiaap tfiie centarirna d aaW W. Yllo~ploii Arnt., K >fY" 4t' 41' W, a daWroe d f Sar.QO Mat b a poMN markbQ the intersection d aakl W. Wa~ht++{,pa,- Ave. and acid atia~- wy; Thencee atone the pAdf~l'la d aMd aMy wy. K a0' Od' Of' W., a digMloe d fMAQ Mat b a 0olnt 111altdnp the northnly bwatdary d aald tot 181oo1c 2 ao~tsnded! Thaaoa abnp tha nouMiafjr boundary daaidtrot 1 tttoe* 2.8.8Y~' till" tile' E.. a dMi~aoa d /Sii.00 Math a plat U+e raatrry baKdary d saki i9E 114 NE 1K and oMrls~Nae d said N. UMit/ni Road; "1'haape abap the aasiferly boiaidary d acid SE 114 Nt fM snd ato+~ tires oanwltie daald N. IlAaddiMi Road ~. i;iG' QO't10r E., a di~ioa of W.03 Mat b tha /rIQ11AlTCJ1~''MMiI~ The esaa daaubad M AdadaaaiPran ooMf~na f4,i16li ailuane Met ewra ariswr. 8fi19A~C1'rnrA/ +~ dwayand eaeanreras d nioor0 «imphedappaari~ an tAaabove` daaalbsd ParoM d herd. A oval sr APR 2 ~ ~q rou~iv pust~c weRlcs oat: Valenti Rezone - RZ-13-004 PAGE 9 EXFI I BIT B LOF ~ Bf~OCK P NtD~lY'3 ADIJ~17Y4DN 1~C1 1fSRtDlAI~i REZQNE D~ACRtPT~OX S1QNB17' IYWIE~ t~s a ,~'` ~ ~ ,~ r~r^s s ~aarnar '~ '~ 7 T32 80Q11 f"~^~ ~ ~ ~- w ~ i >~ ~~ ~~~"~ } ~ NNRl1Y8 SYCCiNVQ Af~ad~ON c~ eoorc >rt Pace ~ .~' I i acocYC ~coc~c a 1 ~ ~ aer€ >~r ( ~.""""~ ~ ,~K~~ ~ I I ~'""~",.. ~, I .~~~ "~ ~ i ,~ tar r s ~.. J~' L~ .. _ ....~......._._.. _ _J ~' `~ ~ ~ ~ w. wara~~u~ Ner~+rrw ~ ~ d 10 ~'t ~~, a~ r-err w. ~ai~r ~ ~~ ~2~~ ,~AER a Valenti Rezone - RZ-13-004 PAGE 10 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 a rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; Staff finds that the requested map amendment to O-T is generally consistent with the provisions of the Comprehensive Plan noted above in Section VII. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Staff finds that the requested map amendment to the O-T zoning district is generally consistent with the purpose statement of the old town district since the existing home will remain a principally permitted use and the rezone will clean-up the non-conformity of the property. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Staff finds that the requested zoning amendment will not be detrimental to the public health, safety, or welfare. The site is already serviced by City utilities. Staff recommends that the Commission and Council consider 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 requested 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 (iTDC 11-5B-3.E). Staff finds rezoning this property to O-T is in the best interest of the City as it will accommodate and encourage further intensification of the downtown core. Valenti Rezone - RZ-13-004 PAGE 11