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HomeMy WebLinkAboutApproval Letter - Burlingame Sub 2 - ALT (A-2021-0016) April 1, 2021 Shari Stiles Engineering Solutions, LLP 1029 N. Rosario Street, Suite 100 Meridian, ID 83642 RE: Burlingame Subdivision No. 2 – Alternative Compliance (A-2021-0061) Dear Ms. Stiles: This letter is to confirm the Director approved your request for alternative compliance to Unified Development Code (UDC) 11-3B-12, which dictates the standards for pathway landscaping to include the requirement of providing trees on both sides of the pathway. The proposed multi-use pathway segments share common lots with an irrigation easement that encumbers the available landscaping for the pathway. The pathway along the north boundary has an area of landscaping on the south side of the pathway wide enough to accommodate pockets of landscaping but not the qualifying trees. If the required trees were planted in this area, there is a likelihood of uprooting which may cause pathway damage and increase maintenance cost. In addition, the buildable lots along the north pathway segment have 17 mature trees that closely abut the pathway and offer additional visual interest and shade for the pathway. The pathway along the east boundary has similar issues but there are existing trees on its east side within the common lot in excess of code requirements. The Director’s decision is based on the Findings listed in UDC 11-5B-5E, as follows: 1. Strict adherence or application of the requirements are not feasible; or The Director finds strict adherence to the requirements in UDC 11-3B-12 for placement of trees along both sides of multi-use pathways is not feasible based on the limitations imposed by Settlers Irrigation District (SID). 2. The alternative compliance provides an equal or superior means for meeting the requirements; and The revised landscape plan shows existing trees that provide adequate shade and visual interest pathway segments. The east pathway segment will have mature trees that are to remain and will offer adequate shade and aesthetic to the pathway. The Applicant is showing five (5) additional landscape beds along the north pathway segment located on the south side of the pathway. The proposed landscape beds show a number of additional shrubs including 2 a shrub that can reach 6 feet in height at maturity which further aids in meeting the intent of the landscaping requirements of UDC 11-3B-12. In addition, the Applicant has noted that 17 existing and mature spruce trees located on the private lots adjacent to the pathway are also remaining. The Director finds the proposed alternative means of compliance provides an equal means for meeting the requirements and allows for provision of the required landscaping along the multi-use pathway. 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of surrounding properties. The Director finds the alternative means of compliance will not be materially detrimental to the public welfare or impair the intended uses and character of surrounding properties. The location of the trees on one side of the pathway should offer adequate access, shade, and visual interest along the pathway segments. The Applicant, Director, or a Party of Record may request City Council review of a decision of the Director. All requests for review shall be filed in writing with the Planning Division of the Community Development Department on or before April 16, 2021, within fifteen (15) days after the written decision is issued, and contain the information listed in UDC 11-5A-6B. If City Council review of the decision is not requested, the action of the Director represents a final decision on a land use application. You have the right to request a regulatory taking analysis under Idaho Code 67-8003. Thank you for contributing to the success of Meridian. Please help us serve you better in the future. Visit our web-site at www.meridiancity.org/Planning/ to fill out a comment card and give us feedback on how we are doing. Sincerely, Caleb Hood, AICP Planning Division Manager CH:JD Attachment: Revised Landscape Plan 3