HomeMy WebLinkAboutStaff Comments MAYOR
Robert D. Corfie
CITY COUNCIL MEMBERS
Ron Anderson
Keith Bird
Tammy deWeerd
William L. M. Nary
HUB OF THE TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
(208) 888-4433 · FAX (208) 8874813
City Clerk Office Fax (208) 8884218
LEGAL DEPARTMENT
(208) 288-2499 . Fax 288-250
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 887-2211 .Fax 887-1297
PLANNING AND ZON1NG
DEPARTMENT
(208) 884-5533 .FAX 888-6854
MEMORANDUM:
May 2, 2002
To.'
From:
Re:
Mayor and City Council
David McKinnon, Planner II
RECEIVED
IAY - 2 2002
Elixir Subdivision CITY OF MERIDIAN
.. CITY CLERK OFFICE
· A Request for Modification of the Findings of Fact and ~onctus~ons or Law ana
Order of Conditional Approval of the Elixir Subdivision Preliminary Plat
Requirement of a Five-foot (5') Wide Sidewalk Adjacent to Eagle Road, by Paul
Clayton (File No. MI-02-004).
· A Variance Request to Eliminate the Meridian City Code 12-5-2K Requirement
for a Sidewalk on Eagle Road, Adjacent to the Proposed Elixir Subdivision, by
Paul Clayton (File No. VAR-02-003).
The Planning and Zoning staff has reviewed the applicant's submittal, and we offer the following
comments and recommendations:
APPLICATION SUMMARY
On September 19, 2001, the Meridian City Council approved a preliminary plat request by Paul
Clayton for a three (3)-lot subdivision (Elixir Subdivision) on the southwest comer of Eagle
Road and Commercial Street.
Pursuant to City Code 12-5-2K the preliminary plat approval required the construction of a five-
foot (5') wide sidewalk adjacent to Eagle Road. The requirement for the sidewalk on Eagle Road
is specifically listed in the Findings of Fact and Conclusions of Law and Order of Conditional
Approval on page seven (7), item number seventeen (17) for Elixir Subdivision (File No. PP-01-
014).
The Applicant, Paul Clayton, is now requesting a modification to the Findings of Fact and
Conclusions of Law and Order of Conditional Approval to eliminate the sidewalk requirement
on Eagle Road, and a variance from the City Code that requires the sidewalk improvements on
Eagle Road.
Elixir. Vat. doc
VAR-02-003
Mayor and CounCil
May 2, 2002
Page 2
The Applicant has made the aforementioned requests due to the steep slope off Eagle Road to the
proposed subdivision. The embankment is approximately a 1:1 slope at the southwest comer of
Eagle and Commercial. Constructing the sidewalk on the embankment will be very difficult and
will be very expensive to maintain.
LOCATION
The subject property is located at the southwest corner of Commercial Court and Eagle Road
The entire subdivision, excluding the proposed Lot 1 (L-O), is currently zoned I-L. The
Generalized Land Use Map depicts the property as Existing Urban.
SURROUNDING PROPERTIES
North - Vacant industrial property, zoned I-L.
South - Industrial property, and the raikoad, zoned I-L.
East - Coors Distribution facility and industrial subdivision, zoned I-L.
West - Industrial property, zoned I-L.
REOUIRED FINDINGS
According to Ordinance 11-18-1, Variances, the Council may authorize in specific cases a
variance from the terms of either the Zoning or Subdivision Ordinance. Specifically, the
Ordinance lists the following Findings, all of which must be determined before granting a
variance:
That there are such special circumstances or conditions affecting the
property that the strict application of the provisions of this Title would
clearly be impracticable or unreasonable;
Staff finds that the steep embankment of the property adjacent to Eagle Road is
a special circumstance/condition that would make requiring a sidewalk on Eagle
Road impracticable and unreasonable.
That strict compliance with the requirements of this Title would result in
extraordinary hardship to the owner, subdivider or developer because of
unusual topography, the nature or condition of adjacent development, other
physical conditions or other conditions that make strict compliance with this
Title unreasonable under the circumstances, or that the conditions and
requirements of this Title will result in inhibiting the achievements or the
objectives of this Title;
Staff finds that strict compliance with the requirements of the Meridian City
Code 12-5-2K (sidewalks) would result in extraordinary hardship to the
Applicant due to the unusual topography of the site. Additionally, the sidewalk
will not connect with any other sidewalk.
VAR-02-O03
Elixir.Vat. doc
Mayor and Council
May 2, 2002
Page 3
Ce
That the granting of the specified variance will not be detrimental to the
public's welfare or injurious to other property in the area in which the
property is situated;
Staff finds that the requested variance will not be particularly detrimental to the
public's welfare or injurious to other properties in the area.
The City Council should listen to any public testimony offered concerning
whether or not the surrounding property owners feel that the requested variance
will affect their properties.
De
That such variance will not have the effect of altering the interest and
purpose of this Title and the Meridian Comprehensive Plan.
Staff finds that the issuance of a variance will not have the effect of altering the
purpose and interest of the "sidewalk" requirement of the City Code.
STAFF RECOMMENDATION
Staff recommends modifying the Findings of Fact and Conditions of Approval and Order of
Conditional Approval for Elixir Subdivision, eliminating item number seventeen (17) on page
seven (7), requiring a sidewalk on Eagle Road.
Staff recommends approval of this variance request based on topography of the site.
VAR~2~03
Elixir .Var. ck~
MAYOR
Robert D. Come
CITY COUNCIL MEMBERS
William L. M. Nary
Keith Bird
Tammy deWeerd
Cherie McCandless
HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
(208) 888-4~33 · Fax (208) 887-4813
City Clerk Office Fax (208) 888-4218
LEGAL DEPARTMENT
(208) 288-2499 · Fax 288-2501
PUBLIC WORKS
(208) 898-5500 · Fax 887-1297
BUILDING DEPARTMENT
(208) 887-2211 · Fax 887-1297
PLANNING AND ZONING
(208) 884.-5533 · Fax 888-6854
TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian City
Council please submit your comments and recommendations to Meridian City Hall
Attn: Will Berg, City Clerk, by:
Transmittal Date:
File No.:
Request:
May 2, 2002
Location of Property or Project:
April 25, 2002 Hearing Date: May 7, 2002
MI 02-004
Request for modification of the Findings of Fact and Conclusions of Law and
Order of Conditional Approval of Preliminary Plat regarding sidewalk requirement
Paul Clayton
521 N. Eagle Road
David Zaremba, PIZ ~, v,~ v,~c, ~,~
Jerry Centers, P/Z
Leslie Mathes, P/Z
Keven Shreeve, P/Z
Keith Borup, P/Z
Robert Corrie, Mayor
Bill Nary, C/C
Tammy deWeerd, C/C
Keith Bird, C/C
Cherie McCandless, C/C
Water Department
Sewer Department
Sanitary Service
Building Department
Fire Department
Police Department
City Attorney
City Engineer
City Planner
Parks Department
Meridian School District
Meddian Post Office
Ada County Highway District
Community Planning Assoc.
Central Distdct Health
Nampa Meddian Irrig. Distdct
Settlers Irrigation Distdct
Idaho Power Co.
U.S. West (FP/PPonly)
Intermountain Gas ~P~PP o~
Bureau of Reclamation
Idaho Transportation Department
Ada County
Yp~r Conci.~e Remarks.~__ ,. --~ . ,,~
MAYOR
Robert D. Come
CITY COUNCIL MEMBERS
William L. M. Na~'y
Keith Bird
Tammy deWeerd
Chede McCandless
HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
(208) 888-4-~33 · Fax (208) 887-4813
City Clerk Office Fax (208) 888-4218
LEGAL DEPARTMENT
(208) 288-24.99 · Fax 288-2501
PUBLIC WORKS
(208) 898-5500 · Fax 887-1297
BUILDING DEPARTMENT
(208) 887-2211 · Fax 887-1297
PLANNING AND ZONING
(208) 884-5533. Fax 888-6854.
TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian City
Council please submit your comments and recommendations to Meridian City Hall
Attn: Will Berg, City Clerk, by:
Transmittal Date:
File No.:
Request:
May 2, 2002
By:
Location of Property or Project:
April 25, 2002 Hearing Date: May 7, 2002
MI 02-004
Request for modification of the Findings of Fact and Conclusions of Law and
Order of Conditional Approval of Preliminary Plat regarding sidewalk requirement
Paul Clayton
521 N. Eagle Road
David Zaremba, P/Z ~, w~, vAe, m,)
Jerry Centers, P/Z ~ v~ v~ ~)
Leslie Mathes, P/Z aw v~, vAc, m,)
Keven Shreeve, P/Z a~, v~. vAc, m,)
Keith Borup, P/Z ~ v~ w~, ~
Robert Corrie, Mayor
Bill Nary, C/C
Tammy deWeerd, C/C
Keith Bird, C/C
Cherie McCandless, C/C
Water Department
Sewer Department
Sanitary Service ~, w.,~ wc. n,)
Building Department
Fire Department
Police Department
City Attorney
City Engineer
City Planner
Parks Department
Your Concise Remarks:
Meddian School District
Meridian Post Office
Ada County Highway District
Community Planning Assoc.
Central District Health
Nampa Meddian Irrig. District
Settlers Irrigation District
Idaho Power Co.
U.S. West
Intermountain Gas 0~a~,
Bureau of Reclamation
Idaho Transportation Department
Ada County ~z ~
.'
RECEIVED
APR3 0 2002
City of Meridian
City Clerk Office
MAYOR
Robert D. Come
CITY COUNCIL MEMBERS
William L. M. Nary
Keith Bird
Tammy deWeerd
Cherie McCandless
HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
(208) 888-0A33 · Fax (208) 88%4813
City Clerk OtIice Fax (208) 888-4218
LEGAL DEPARTMENT
(208) 288-2499 · Fax 288-2501
PUBLIC WORKS
(208) 898-5500 · Fax 88% 1297
BUILDING DEPARTMENT
(208) 887-2211 · Fax 887-1297
PLANNING AND ZONING
(208} 884-5533 · Fax 888-6854
TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian City
Council please submit your comments and recommendations to Meridian City Hall
Attn: Will Berg, City Clerk, by:
Transmittal Date:
File No.:
Request:
May 2, 2002
By:
Location of Property or Project:
April 25, 2002 Hearing Date: May 7, 2002
MI 02-004
Request for modification of the Findings of Fact and Conclusions of Law and
Order of Conditional Approval of Preliminary Plat regarding sidewalk requirement
Paul Clayton
521 N. Eagle Road
David Zaremba, P/Z ~, v~, vA~ m
Jerry Centers, PIZ ~, v~. VAC, m
Leslie Mathes, P/Z ~ v~, w~ m
Keven Shreeve, P/Z ~vo v~, VAC, m
Keith Borup, P/Z ~, v~ w~., m
Robert Corrie, Mayor
Bill Nary, C/C
Tammy deWeerd, CIC
Keith Bird, C/C
Chede McCandless, C/C
Water Department
Sewer Department
Sanitary Service (~, v~, wc m
Building Department
Fire Department
Police Department
City Attorney
City Engineer
City Planner
Parks Department
Your Concise Remarks:
Meddian School District
Meridian Post Office
Ada County Highway District
Community Planning Assoc.
Central District Health
Nampa Meridian Irdg. District
Settlers Irrigation District
Idaho Power Co.
U.S. West ~-~,,~
Intermountain Gas ~w,/,P
Bureau of Reclamation
Idaho Transportation Department ~ ~,~
Ada County
RECEIVED
APR 26 2002
Cig7 of Meridian
City Clerk Office