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Valenti RZ Staff ReportSTAFF REPORT HEARING DATE: TO: FROM: SUBJECT: July 16, 20 ] 3 Mayor and City Cot-ncil Bill Parsons, Associate City Planner 208-884-5533 (~E IDIAN:--- Bruce Freckleton, Development Services Manager 208-887-2211 RZ-13-004 -Valenti Rezone I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Jeanne Valenti, 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 Sectio~~ IX A~a~ilysis for more iizfornaatio». IL 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. The Meridian Planning and Zoning Commission heard this item on June ti 2013. At the public hearing the Commission voted to recommend approval of the subject RZ request. a. Summary of Commission Public Heat•inl1: i. In favor :Richard Gray ii. In opposition: None iii. Commentinh: None iv. Written testimony: None v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: None b. Key Issue(s) of Discussion by Commission: i. None c. Key Commission Change(s) to Staff Recommendation: i. None d. Outstanding Issue(s) for City Council: i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number RZ-]3- 004 as presented in the staff report for the hearing date of July 16, 2013, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number RZ-13-004 as presented in the staff report for the hearing date of Jt-ly 16, 2013, for the following reasons: (You should state specific reasons for denial.) V1lenti Rezonc - RZ-13-004 PAGE 1 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. Meridiao Road and W. Washington Street in the NE'/n of Section 12, Township 3 North, Range 1 West. B. Owner(s): Jeanne Valenfi P.O. Box 40 Meridian, ID 83680 C. Applicant: Same as owner D. Representative: Richard Gray, Compass Land Surveying 419 Madrone Circle Nampa, ID 83686 E. ApplicanPs Statement/Justification: Please see applicants narrative for this information. V. PROCESS FACTS A. The subject application is for a rezone. A public hearing is required before the Planning & Zoning Cottunission and City Cotmcil on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: May 20, and June 3, 2013 (Commission); Jmte 24 and July 8, 2013 (Council) C. Radius notices mailed to properties within 300 feet on: May 16, 2013(Commission); June 20, 2013 (Councip D. Applicant posted notice on site by: May 23, 2013(Commission); July 5, 2013 (Council) VI. LAND USE A. Bxisting 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 Acfions: In 2012, the Planning Division approved a property boundary adjustment (PBA-12-009) to consolidate two (2) parcels into one. D. Utilities: Valenti Rezone - RZ-13-004 ppGE 2 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 L~rigation: 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 designafion includes the historic downtown and the hue community center. Sample uses include offices, retail and lodging, theatres, restaurants, and sewice retail for surrounding residents and visitors. A variety of residential uses are also envisioned and could include cease of existing buildings, new consh•uction ofmulti-family residential over gtround floor retail or office uses. At dtis tune, 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 iu italics): • Require all new parking lots to provide landscaping in internal islands and along sheets (2.01.04B, Chapter 2, page 14). If/When the e~isNng residence is converted to a commercial arse in the future, the parkntg lot ~attsl comply with the landscape stcnadcrrds 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). Meridians Road access rvdl be prohibited upon redevelopment of the properly; iatckrditag conversion of the ea-isting home to anon-residential use. luture access !o this site will be required from W. Washington Sheet in accord with UDC 11-3A-3, rovhess a Cert~cate of Zoning Compliaaaceperaait is issued. • Permit new residential, commercial, or indushial developments only where urban services can be reasonably provided at the time of final approval and development is conti~sous to the City (3.O1.01F, Chapter 3, pg. 45). The subject property lies within the bozrndaries of the City of Meridian cnsd is provided smith City services. This senvice will not change ta~ith the rezoning of the property. • Encourage hifill Development (3.04.02B, Chapter 3, pg. 51). At this time, no new development is proposed for the subjectrn•operty however; rezoning t]sis property to the O-T zone allorovs the property to redevelopment with a greater vasiety of uses as envisioned tmder 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 Valenti Rezone - RZ-13-004 PAGE 3 A. Purpose Statement of Zone: Per UDC ] l -2D-lA, the purpose of the old town dish~ict 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 cenh~alized activity center and to encourage its renewal, revitalization and growth as the public, quasi-publiq culttual, 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 1 I-2D-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the O-T zoning district. fury use not explicitly listed, or listed as a prohibited use is prohibited. The existing single fanztly residence rorill remain a prhzctpaIIy permitted use in the O-T zoning dish•ict. C. Dhnensional 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 ] ]-3A-3. Czn•rently, the properl)~ has access to N. Meridinn Road. Upon fzrtzae development or chmnge izz use on the site, the Meridinn Road access nanrst cease mzd access to the site nnnrst be facrhtated fi~onz W. Washi~zgto~z Sb•eet aizd/or alley as illustrated i~z tTze proposed concept pltnz. E. Landscaping: Parking lot landscaping mast be installed in accord with the standards listed in UDC Table 11-3B-8C. F. Off Street Parking: UDC ] 1-3C-6B requires 1 space for every 500 square feet of gross floor area. Off-street parking applies to this propert)~ rovith a change of arse or zrpon redevelopnrerzt 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 Fuhu~e 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 sh~ucture and at least 60 feet of fi•ontage and a minimiun 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 futm•e sale and increase fire 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 fitttn•e access of the properly will be provided from W. Washington Stt•eet 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 parkhng, landscaping and Valenti Rezone - RZ-13-004 PAGE 4 access. Fuirther, 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 nse nr the proposed O-T zone. Any change of nse 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 fii[ure development must comply with all City ordinances in effect at the tune 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. X. EXHH3ITS A. Drawings 1. Vicinity Map 2. Concept Plan B. Agency Comments 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Depardnent 5. Sanitary Service Company 6. Ada County Highway District 7. Parks Department C. Rezone Legal Description & Exhibit Map D. Required Findntgs from Unified Development Code Valenti Rezone - R/,-13-004 PAGE 5 Exhibit A.1: Vicinity Map 224 216 7139 1302 err ve 133 1231 37 -- ~~ 1234 R_lg C (' Y 1225 ~' 1220 N ~O w° 1217 1222 1223 ~~ ~ ~, 0 N N .D N - - - 4 - ' 1212 1213 N N ~ 1205 Z' N 1204 w W Washington St E Washington Ave ° R }_ 231 211 127 103 1130 U_T --- - 1131 .- - - 25 33 45 - 1124 1121 31 -- C C 1112 1113 -1115 P w V 36 1105 N - 1103 W Carlton Ave E Carlton Ave 1029 o n m n v 1031 + 105 1035 1023 - - - !t 1015 ~-- - - _- _-~_ ~ N ~ - i N N w v 52 66 LO L m m ~ ' _.._ 1 U, P ,ro E State Ave ~ H; _._. __-- _..-. *y Z z3, ~ 13 911 ~ ~' n .~ r°~ I v v I u"', .n 93~ 921 922 'O °' I I Y ~ 'C ~ _ LLL--111 0 907~JIN. 914 - ~ I( 916 N ~ 903 I~ 740 905 Z ~~ { N ~ 36 ° 46 °J ~ ~ 906 i 1 r r Che1'ry A{{ye 1 ~u J~ ~ t3 - Ir i,~S! ~~~ . 1,~ ~ r~ f! R !<<,~ •X 3 ~ !' i -~ 1. . s 11 1 3 ~~ ;• '~ ~("~ fiI3 rk ?' jai„ ~ tw~ ~+~I 1220 ~~ s~y a+ l t ^~ y ~'4 y - -. ~' ~i 4ji ~~ II / ~a~ #`y1 ~~a,~ (C"'_ ~ ~ ~ 12 1.-rte esq. ~ ~ ~ : _;. ~ ~ ! ~~ ^^j ~ •. ' 1' t~ ~! -~ ~i-f ~f 11 1 d- ~'VJashington S - i J 0 . ry ti-J - ly t `A - I ~ NIt2~ t ~ ~ -I .c `.r.~~ T / -, ~' u ~~' j~,,. ~ #f _ ~ ,~~ ~'- E WaSflingt n Ave f~ ~: ~ ~ ~ ~ ' ~ + %~ 231 Ii ~ a•1~~rt ~ '~~ ~ 1 ~ e` t ~= ~ 9~~~~~ ~ ~ t3 !i 112~~~~ dd ~ ~ ~ ~ F:=.y 311 ~ ~~~ 3 1 ~! 7 -~!•/ s~.l. y i E~~ ~,4~y.- 4. ~ . _ e ~ J' , 9 ~, ~ .., ~,~ _:~ ,~42~ •f 25 r . ~ -~` ~' {~~`3 ~~ r 12'1'7 f ,~ ~ 1f ~j!.,;j 1'Xa ,~ ~ ~ ? 1 ! =' -°a` r j" . ,, u ~: i , .; ~ ~~rT313 ~'i~ -~ ~~ ! ~f ~,,;~ ~~ z1,5 ~ ~ ~ 1 • ~ v ~~ 11 ~- ti I ; , I,a nd~, it .YY I ~'q9 ~`0 ~ ~' ;I - ~n 1 -R ~ 1~ ~' t ~ 1 . E7Af. I _ ~ r t._ _ ~*~ 3 .:1 - r W Carff6n Ave ~' _~ 1,: ~~.:~ S ~ 'r ~ E C"' An ° ~* ~~ -- C m~ .- : n ` .7 ~~ ~ S/~.~t~{,{.. 6 1 711 ~ 1'4"a't, ~~ '~. ;I~-: ~f~~a~~i ~O~t ;~~ ~,., .lm~ ~1~t.{r. • ~ #~'~~1~ rl r¢~ t ~ A~ f ~,dr i r`'~~'1 10 35 ( ., 73 -}~ 9~ 1, ~ . ~r t - J I 1 -1~- } 1 { - 1, ~ ~ Out -.~" ~ ~1 7 ~ ~~ ~ ~' ~ . ' ' r A y ~~ ~ _ . .is 1 - ~. ~ ~~ .~~3 ~ ~ sr -l}~ ~ r. - it:1 ~' f.f,. ~ t ~ ~, ~ .-I ~ '6b7 ~,~~ [^t•+{ 11 Lx ~y r„ .:~StateAy.~ - 17 ~ .1 / I s l ~ ~ _ ~ ~ - - - ~: F ' ~ , , a ~ - 1 1 ' 9. 1 L ~ t. ~ , f , r 1 ! ~ ~- t ~ ~ , ILA^3 ~ y~ , ~~' 9 7 : N fl '1 ~~ ~ ! h Z, ~.. _~ ~l.~ h P F''r r ~- ~ 1.j ~ 1 3 93- Valenti Rezone - ItZ-13-004 PACE 6 Exhi6itA.2: Concept Plan ~ r ~r~rrrrr ~ wrir ~..~w ~777,T~7,777~ i,~511! AfBFid~t1 Rd FU~1/9 SBA t ~ ' gnOf1~N11fA ,tom, aa»e . cor ~ s~o~x a :I ~~ -. .. .., i ~ II tea ~ ....~I .~... Valenti Rezone - I2Z-13-004 PAGG 7 Exhibit B: Agency Comments 1. PLANNING DEPARTMENT 1.] With any future expansion, change of use and/or redevelopment, the applicant will need to comply with all bulls, use, and development standards of the Old Town zoning district listed in UDC Chapter 2, District Regulafions. 1.2 All future development of the subject property and expansion of existing struchtres will need to comply with City of Meridian ordittanees iu effect at the time of development and must obtahi certificate of zoning compliance and adminisb•ative design review approval from the Plannhrg Division. 13 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 tmlawfid 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 Departnent has no concerns with this application. 3. FIRE DEPARTMENT 3.1 The proposed project has no Pire Departnent 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. PART{S DEPARTMENT 6.1 The Park's Department has no comments on this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.] The applicant shall be required to meet all of the ACRD Standard Conditions of Approval as well as all ACFID Policies and requirements that may apply. Valenti Rezate-RZ-13-004 PAGE 8 Exhibit C: Rezone Legal Description & Exhibit Map E.YHIB17'A COMPAS4lANa5tlRVPt'/NG. PLLC .yrsa4adraac7 Nampa, rdahu &9886 Glent Jeanne VelenO Data: August 8, 2012 Job No.: 3312 RE24N@ pESCRIPTIDN rerepnoae: ~2a~/a<?-errs Fax'rzae}3zr•2rae Emat/.• rgra~s®amail.cant A parcel of land being aH of Lat i Block 2, one half of the adjacent right of ways of N. Meridian Road and W. Washington Ave. ami one half of the adjacent allay. Ali hemp part of Ore Nklay's Second AddiBon b Medd~n as receded In Book 11 of plate at Page 594 in the OlBoe of the Recorder of Ada County, Idaho. Sadd Lot located in lire SE 114 NE 1f4 of Sactien 12, Townsh~ 3 North, Range 1 Walt, Boise Maridfmr, City o} Meddian, Ada County Idaho, more parOculady described as folkrws: Commendng at a found 2-112 krdr diameter hresa cap marking the SE comer of said SE Y!4 NE 1I4, (East 1/4 comer), said comer Beare S. 00° 04' 00' E., a distance of 2852.13 feat from a found 2-1/2 inch dlamelar brass cap marking the N£ comer of said NE 714, (Sectwn comer ~nrmon to serdions 1, 8.7 acrd 12); Thence N. 00° 00' 00° E, a distance of 978.09 feet slang Ora easterly Wundary of said SE U4 N@ 114 and slang the oentertkre of said N. Meridian Road to a found spiko marking the intersection of said N-Meridian Road and W. Washington Ava., said poMl boing the Pp1N7'DEIiEC1NNlNG Thence along the canterlfne of said W. Washington Ava., N. 89' 48' 41" W., a disianoe of 158.00 test to a poim marking Ore hder~ctlon of said W. Washington Ave. and said allay way; 7herroe along the osMedhte of said alby way, N. QO° W' Ot' W., a distance of 94.02 feet to a paint marking the nonherty boundary otsaid Lot 1 Bieck 2 extended; Thence atong Ne rrodherty boundary ar saki Lot t Bkrck 2, S. 89° 48' S5" E., a distance 01158.00 feet ba e print marking Ore easterly boundary of said SE 114 NE f/4 and centerline of said N. Meddtan Road; Therese abng the easterly laundary of said SE i/4 NE 1r4 and slang the cenkedk~e of saW N. Meridian Raad S. 00° 00' 00" E., a distance of 94.03 feat to Ore PO/NI'OFBE'QIAWfNIy. The eras dasaibed in this descrlpOon wntains 14,855 square feet nwre or kucs. SUdrECT'TO: A6 existing dghis of way and easemems of record or implied appearing on Oea ahove- descrlbed pardK aft~nd. RCV fi0VA1 SY ~~Z~Zd~ ME[aIDIAN PUBLIC WORKS DEPT. Valenti Rezone - R%-] 3-004 PAGE 9 EXHIBIT B LOm 1 BLOCK 2 NIDAY`3 SECOND ADDITION 7Yl MERIDIAN RE7.ONE DESCRIPTION EIIHIBdT CfdEERi~YfANE r ~ e It p~~iTB~40 ~ I „c NtOAYS sECOU~ AnOrnc>r~ a °' 'r"'j~2 BOOB tt Pi,GL G94 a36OCK 3 AD ~. ~ I W. CFIEIStYAVE. u .. I I I ~.,®..®.. ~~ ~~ ~ t~ MOAYS S~CU4O AOOli1OM 9oox II nar.E 5sa ~ { I I s~-oc+t z Se.ocrti z I ~ z 389°48^.kS'E f88,d7 -g~ f1ALT1~gRtl9 t ~ . m ~ ! t10RlI ~ _(47i(81, 1,07' i OOVi ~~ ~ 'w I _..~ ~,.~...-..~. ~ $ ~ g ,.. ® G W k'ASf8NL1"ONAV~ H89°48'41"W 1800' r i i I i ati t i i 9 1 1 -` .. ~ ...~ ...w. ~I1RR{DI~N PUBIiC ---- a7t.oCr? 7 ~ WOEj S f3EP7. O 2? 40 _00 +' ^.x~le.-1'=4d W.PMESTN~1' E1aCn.i}eet7 Valenti Rezone - RZ-13-004 PACE 10 D. Required Findings from Unified Development Code I. Rezone Findings: Upon recommendation from the Commissim~, the Council shall make a full investigation and shall, at the public hearing, review the applicatimt. 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; The Commission 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; The Commission Ends that the requested map amendment to the O-T zoning dish~ict 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; 77ie Commission finds that the requested zoning amendment will not be deh~imental to the public health, safety, or welfare. The site is already serviced by City utilities. The Commission recommends that the 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, The Commission 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 (UDC II-SB-3.E). The Commission finds rezoning this property to O-T is in the best interest of the City as it will accamnodate and encourage fiu•ther intensification of the downtown core. Valenti Rezone - RZ-13-OOd ~ PAGE I I