HomeMy WebLinkAboutStaff Comments MAYOR
Robert D. Corrie
CITY COUNCIL MEMBERS
Keith Bird
Tammv deWeerd
William LaM. Nary
HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
(208) 888-4433. FAX (208) 887-4813
City Clerk Office Fax (208) 8884218
LEGAL DEPARTMENT
(208) 288-2499 Fax 288-2501
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 887-2211. Fax 887-1297
PLANNING AND ZONING
DEPARTMENT
(208) 884-5533- FAX 888-6854
MEMORANDUM:
To:
From:
Re:
I E 'E ED
Mayor and City Council MAY 1 7 2002
David McKinnon, Planner II CITY OF MERIDIAN
CITY CLERK OFFICE
Request for Variance to section 12-13-10-4 of the Landscape Ordinance (buftbr
size) by Hubble Engineering, Inc. (File No. VAR-02-001).
The Planning and Zoning staff has reviewed the applicant's submittal, and we offer the following
comments and recommendations:
APPLICATION SUMMARY
The Applicant, Hubble Engineering, on behalf of their client Gary Sweet, CEO oflntermountain
Outdoor SPorts, has requested a variance to section 12-13-10-4 of the Landscape Ordinance
(Buffer Size), which requires a thirty-five-foot (35') wide street buffer adjacent to an Entryway
Corridor. The subject property currently has only a six-foot (6') wide landscape buffer, with no
sidewalk, adjacent to Fairview Avenue (an Entryway Corridor as defined by the Comprehensive
Plan). In order to provide the additional required landscaping adjacent to Fairview Avenue the
owner of the property would need to remove a row of asphalt parking and rearrange the current
parking lot configuration (eliminating an additional row of parking).
The variance request also addresses the issue of allowing the street buffers to be within a
landscape easement rather than on separate common lots. The applicant has also requested a
variance to the requirement for a pressurized irrigation system; however, after submitting their
application, the applicant's representative has discovered that there is an existing pressurized
irrigation system, fed by a well source.
LOCATION
The subject property is located at the southeast comer of Fairview Avenue and Stonehenge Way.
SURROUNDING PROPERTIES
North: Idaho Athletic Club, zoned C-G
South: Penn Station Apartments, zoned R-15
East: An Automotive Wrecking Yard, zoned C-2 (County).
West: Danbury Fair Subdivision, zoned R-8
REQUIRED 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
Intennountain Outdor. Var.doc
VAR-02-001
Mayor and Council
April 22, 2002
Page 2
Ordinance lists the following Findings, all of which must be determined before granting a
variance:
Ae
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 existing parking lot on the improved portion of the proposed
subdivision (Lot 1) would make strict application of the Landscape Ordinance
impracticable and unreasonable. The installation of a thirty-five foot (35') wide
buffer on Lot 1 adjacent to Fairview Avenue would reduce the number of
available parking stalls to below the City's minimum number of parking stalls
required for the retail store.
The undeveloped street frontage on Fairview (Lot 2) should be required to
provide the full thirty-five foot (35') wide buffer as there are no special
circumstances or conditions that affect this portion of the property.
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 does not find that strict compliance with the requirements of the Landscape
Ordinance would result in extraordinary hardship to the owner or developer
because of unusual topography, the nature or condition of adjacent development;
however, staff finds that the existing asphalt parking lot is a physical condition
that makes strict application of this Ordinance unreasonable.
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. However, the goals
and objectives of the Landscape Ordinance may be compromised should a
complete variance be granted.
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.
VAR-02-001
lntermou~tain Outdoor. Vat.doc
Mayor and Council
April 22, 2002
Page 3
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 for landscaping requirements will have
the effect of altering the purpose and interest of the Landscape Ordinance. The
Landscape Ordinance provides provisions for Alternative Compliance if a
development is unable to meet the objectives of the Landscape Ordinance;
however, the requested reduction is beyond the scope of the Alternative
Compliance section. Allowing a variance for non-conforming street buffer
landscaping will make it harder to enforce the Landscape Ordinance in the future
and may encourage similar requests for variances to the code.
STAFF RECOMMENDATION
Staff does not support the variance request to allow the existing six-foot (6') street buffer in lieu
of providing the required thirty-five-foot (35') street buffer; however, staff does recognize that
requiring the full thirty-five-foot (35') street buffer on Lot 1 will significantly alter the interior
traffic circulation and parking lot layout for the existing retail store.
Staff recommends a compromise; the Applicant can remove the row of parking immediately
adjacent to the existing street buffer on Lot 1 (the coffee kiosk and the emissions van are located
in this area as well) and replace the parking area with landscaping. The removal of just one row
of parking will allow the traffic circulation to remain the same for the rest of the parking lot, and
it will provide a significant amount of new landscaping (approximately nineteen feet). The
resulting buffer (25'-26') will be less than the required thirty-five-foot (35') buffer, but it will be
a dramatic improvement. The remaining parking lot for the retail store will still provide the
minimum number of required parking spaces. The parking lot was approved with 193 spaces,
while only 137 were required by code, the elimination of the single row of parking (in addition to
the kiosk and emissions van will reduce the available parking by 33 space, for a new total of 160
spaces.
The relocation of the emissions van and the coffee kiosk will need to be handled in a manner that
will not further reduce the number of available parking stalls. '
When the Intermountain Outdoor Sports store was approved in 1994, the City's Landscape
Ordinance required one (1) three-inch (3") caliper tree for every fifteen hundred feet (1,500') of
asphalt. In order to comply with this requirement, the applicant counted the trees planted within
the street buffers on Stonehenge Way, originally part of Danbury Subdivision. Subdividing the
property will place the trees that were counted as part of the retail store landscaping on the other
three lots. If the City approves the subdivision as proposed, Lot 1 will not meet the minimum
requirements of either the old or the present landscape ordinance.
As part of the compromise on the variance, staff recommends requiring the installation of
interior landscape islands in the existing parking lot per the current Landscape Ordinance
requirements. Requiring interior landscape islands will increase the number of trees on Lot 1 by
fourteen to fifteen (14-15) trees. The addition of the interior landscape islands may not require
VAR-02-001
Intermountain Out&x}r. Var. doc
Mayor and Council
April 22, 2002
Page 4
the removal of parking stalls if they are designed in a manner that will allow parking for compact
cars on either side of the island.
Staff does not support reducing the street buffers on any other lot, (staff recommends that Lot 2
be required to provide a thirty-five foot (35') street buffer).
Staff supports the request to allow the street buffers to be on an easemem rather than on a
common lot as long as an association (homeowners or business owners, MCC12-13-10-3)
maintains the landscaping and if the street buffers for the entire development are installed prior
to the issuance of a building permit within the subdivision.
VAR-02-001
]nt~rmountain Ou~oor. Var.doc