HomeMy WebLinkAboutRedfeather Estates No. 2 VAR
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LA WAND
DECISION & ORDER
RECEIVED
JAN 1 9 2006
Cl~tY Of eridian
C' . Office
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Request for a Variance from Section 11-3E-4Cl (temporary structure size) of the Unified
Development Code, to allow a 672 square-foot temporary sales trailer, within Redfeather
Estates Subdivision No.2, by Packard Estates Development, LLC.
Case No: V AR-05-025
For the City Council Hearing Date of: January 10, 2006
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of 1/10/06 incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of 1/10/06 incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of 1/10/06
incorporated by reference)
4. Unified Development Code Required Variance Findings (see attached Staff Report for
the hearing date of 1/10/06 incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
PI arming Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code
codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of
Meridian has, by ordinance, established the Impact Area and the Amended
Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002,
Resolution No. 02~382 and Maps.
,- ,
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code §
11 ~5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NOeS). v AR-O5-025 - PAGE 1 of 3
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Plarming Department, the Public Works Department and any affected
party requesting notice.
7. That this approval applies to Lot 2, Block 13, Redfeather Estates Subdivision No.2.
8. That this variance approval expires on April 30th, 2006.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11~5A and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's Variance application is hereby approved for the reasons cited in the
Staff Report for the hearing date of 1/10/06; and,
2. This variance approval expires on April30t\ 2006.
D.
Attached: Staff Report for the hearing date of 1/10/06.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LA W AND DECISION & ORDER
CASE NOeS). v AR-O5-025 - PAGE 2 of 3
By action of the Cjty Council at its regular meeting held on the
ç1;£,U'f.p,~ ' 2006.
COUNCIL MEMBER SHAUN WARDLE
2.1~ day of
VOTED ~
COUNCIL MEMBER JOE BORTON
VOTED~
VOTED~
VOTED Þ
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED
~
Mayor ~tl~ 'Wijor4
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Copy served upon Applicant, The Planning DepartiiIWl1tÞIRllb1i~'Works Department and City
Attest:
Attorney.
Dated:
'-d6'()lD
B'
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NOeS). v AR-O5-025 - PAGE 3 of 3
CITY OF MEIUDlAN PLANNING DEPARTIvŒNT STAFF REPORT FOR THE HEARING DATE OF JANUARY 10,2006
STAFF REPORT
City Council
Hearing Date: 1/10/2006
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TO:
FROM:
SUBJECT:
Mayor and City Council
Craig Hood, Current Planning Manager
Redfeather Estates Sales Trailer Variance
File No. V AR~05-025
Variance request to UDC 11~3E-4Cl to allow a temporary sales trailer that
exceeds the maximum square footage allowance, by Packard Estates
Development, LLC.
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant is requesting a variance from Section 11 ~3E~4Cl of the Unified Development Code (UDC)
that restricts temporary structures to a maximum of five hundred (500) square feet. The Variance
application, submitted concurrently with a temporary Certificate of Zoning Compliance (CZC)
application to operate a temporary sales trailer on Lot 2, Block 13, Redfeather Estates Subdivision No.2,
includes a proposal for a six hundred and seventy two (672) square foot sales trailer.
The City Council has fmal decision authority on the Variance application while the rimming Director has
final decision authority on the CZC application. Staff can not issue a CZC penn it for the temporary sales
trailer until the Council acts on the subject Variance application. The applicant's justification for the
requested variance is listed in Section 4.h of this Staff Report.
2. HEARING FACTS
The Meridian City Council heard the item on January 10, 2006. At the public hearing they moved to
approve the variance request.
a. Summary of Public Hearing:
i. In favor: Joe Attalla, Applicant's Representative
ii. In opposition: None
iii. Commenting: None
iv. Staff presenting application: Anna Canning
v. Other staff commenting on application: Bill Nary
b. Key Issues of Discussion by Council:
i. Time limit for temporary sales trailer;
ii. Amending the UDC (Section 11 ~ 3E-6C) to allow larger temporary structures for
subdivision sales offices;
c. Key Council Changes to Staff Recommendation:
i. The Council voted to recommend approval ofthe requested variance.
3. PROPOSED MOTION (to be considered after the public hearing)
Denial
I move to deny File Number V AR~05~025, as presented in the staff report for the hearing date of
January 10,2006 and direct Legal Staff to prepare the appropriate findings document for denial.
Approval
I move to approve File Number V AR-05~025, as presented in staff report for the hearing date
of January 10, 2006 and direct Planning Staff to prepare findings for approval based on
Redfcather Estates Trailer Variance V AR-05-0025
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 10,2006
tonight's hearing, with the specific following changes: (State how the vanance meets the
findings in Section 9.1 of the Staff Report.)
Continuance
I move to continue File Number V AR~05-025, to the hearing date of (insert continued hearing
date here) for the following reason(s): (You should state specific reason(s) for continuance.)
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
413 E. Race Street (Lot 2, Block 13, Redfeather Estates Subdivision No.2); generally
south of Us tick Road and east of Eagle Road.
Township 3N, Range IE, Section 4
b. Owner:
Packard Estates Development, LLc.
6223 N Discovery Way, Ste. 120
Boise, ill 83713
c. Applicant:
Packard Estates Development, LLC.
6223 N Discovery Way, Ste. 120
Boise, ill 83713
d. Representative:
Joe Attalla, Packard Estates Development, LLC & Kegan Garcia, Park
Pointe Management
e. Present Zoning: Medium Low~Density Residential (R~4), Meridian
f. Present Comprehensive Plan Designation: Medium Density Residential- 2002
Comprehensive Future Land Use Map
g. Description of Applicant's Request: The applicant is requesting a variance from Section 11 ~
3E~4Cl of the Unified Development Code (UDC) that restricts temporary structures to a
maximum of five hundred (500) square feet. The Variance application, submitted concurrently
with a temporary Certificate of Zoning Compliance (CZC) application to operate a temporary
sales trailer on Lot 2, Block 13, Redfeather Estates Subdivision No.2, includes a proposal for
a six hundred and seventy two (672) square foot sales trailer.
h. Applicant's Statement/Justification: Our request for approval of the 672 square foot trailer is
to accommodate our sales staff and aide them in accommodating the public in their pursuit
for housing. Said trailer will be equipped with computers, office equipment arId visual aides
to assist in the selling process (please see the applicant's submittal letter for more
information. )
5. PROCESS FACTS
a. The subject application will in fact constitute a variance as determined by City Ordinance. By
reason ofthe provisions of the Meridian City Code Title 11, Chapter 5, Article A (Table 11~
5A~ 1), a public hearing is required before the City Council on this matter.
b. Newspaper notifications published on: December 19th, 2005 and January 2nd, 2006
c. Radius notices mailed to properties within 300 feet on: December 16th, 2005
d, Applicant posted notice on site by: December 31 st, 2005
6. LAND USE
Redfeathcr Estates Trailer Variance V AR-05-0025
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 10,2006
a. Existing Land Use(s):
Vacant
b. Description of Character of Surrounding Area: Primarily, single~family residences in
Ada County, Boise City and Meridian. There is a church, a funeral home, and an elementary
school also within the general vicinity.
c. Adjacent Land Use and Zoning:
1. North: Single~family lots, zoned R~4
2. West: Single~fami1y lots, zoned R~4
3. South: Single-family lots, zoned R~4
4. East: Single-family lots, zoned R-4
d. History of Previous Actions: In early 2004, the City Council approved annexation and
zoning (AZ*03~021), preliminary plat (PP~03~024) and conditional use permit (CUP~03~041)
applications for Redfeather Estates Subdivision No.2. In November of 2004, the City
Council approved the final plat for Redfeather Estates Subdivision No.2, which included 92
single~family lots on 30 acres.
e. Existing Constraints and Opportunities
1. Public Works
Issues or concerns:
None
2. Vegetation: None
3. Flood plain: N/A
4. Canals/Ditches Irrigation: N/ A
5. Hazards: None Identified
6. Size of Property: 0.166 acres
7. Description of Use: Operation of a temporary sales trailer within a residential
subdivision.
f. Subdivision Plat Information- N/ A
g. Landscaping-N/A
h. Planned Development Characteristics - N/ A
i. Amenities - N/ A
j. Off~Street Parking - Per UDC 11 ~3E-4.E, adequate off~street parking for the use must be
provided.
k. Proposed and Required Residential Standards - N/A
1. Proposed and Required Non~Residential Standards - See Section 9.2 below.
ill. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The
applicant is proposing parking for the sales trailer use offRsite, on Lot 14, Block 14, directly
across Race Street. No curb cut is necessary as there are rolled curbs on Race Street.
7. AGENCY COMMENTS MEETING On December 30th, 2005 staff held an agency comments
meeting. However, no comments were provided for the Variance application. Please see the public record
for the Variance file for any written comments that may have been submitted by other agencies.
Redfcathcr Estates Trailer Variance V AR-05-0025
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 10,2006
8. COMPREHENSIVE PLAN POLICIES AND GOALS The subject site is designated 'Medium
Density Residential' on the Future Land Use Map. In Chapter VII of the Comprehensive Plan, this
designation is defined as areas containing between 3 and 8 dwelling units per acre. The Comprehensive
Plan is silent on variance requests in residential zones. However, temporary uses are allowed in the R-4
zone, as accessory uses (UDC 11~2A~2 Table 11~2A-2)(please see Section 9 below for detailed analysis.)
9. UNIFIED DEVELOPMENT CODE REQUIRED VARIANCE FINDINGS The Council
finds that the following UDC sections are pertinent to the Variance application:
9.1 The City Council shall apply the standards listed in Idaho Code 67~65l6 and all the
findings listed in Section 11 ~5B-4E of the UDC to review the variance request. In order
to grant a variance, the Council shall make the following findings:
A. The variance shall not grant a right or special privilege that is not otherwise allowed
in the district:
Temporary uses are allowed as accessory uses in the R~4 zone. The size of a temporary
structure is restricted to a maximum of 500 square feet. However, the Council finds that
if the City Council grants the requested variance, for a 672 square-foot temporary
structure, a special privilege will not be granted to the subject applicant because the
Council intends to amend the UDC to allow sales offices in subdivisions to exceed the
current 500 foot maximum size.
B.
The variance relieves an undue hardship because of characteristics of the site;
The Council finds there are no physical characteristics of the site which require the
applicant to operate within a larger~than~allowed temporary structure on this site. The
Council further finds that there are no major canals or ditches running through this lot,
and there are no topographical features or other physical characteristics which would
prevent full compliance with the standard temporary structure size. However, by
amending the UDC to allow subdivision sales offices to exceed the 500 square feet
maximum placed on other temporary structures, a variance would not be required in this
instance.
The variance shall not be detrimental to the public health, safety, and welfare.
The Council finds that allowing a 672 square~foot temporary structure on this site will not
be detrimental to the public health, safety, and/or welfare.
10. TEMPORARY USES Below are some of the provisions for a temporary use, as stated in UDC
11 ~3E that the applicant should be required to comply with as part of the issuance of a CZC for a
temporary sales trailer:
. Except as otherwise defined in this Section, a temporary use is allowed for a specific period
not exceeding twelve (12) months from issuance of Certificate of Zoning Compliance (UDC
11-3E~4A1.)
C.
.
Structures and/or the display of merchandise shall comply with the setback requirements of
the district within which it is located (UDC 11~3E-4BI)
A maximum of one (1) structure shall be allowed and may cover a maximum of five hundred
(500) square feet (UDC 11~3E-4CI) - VAR~O5~O25.
.
.
The use shall not result in the construction of any permanent structures that would not
otherwise be pennitted subject to the regulations of this Title (UDC 11~3E-4C2)
Any temporary structures shall be portable and completely removed at the end of the allowed
time period (UDC 11~3E~4C3)
.
Redfeather Estates Trailer Variance V AR-05-0025
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 10,2006
.
The applicant shall obtain any necessary building permits (UDC 1]- 3E~4C4)
Adequate off~street parking shall be provided to serve the use (ODC ll-3E-4El)
All surfaces used for parking shall be constructed with paving, vegetative cover, or of a
dustless material (ODC 11~3E~4E4)
.
.
.
All signs erected in association with the use shall be in compliance with the regulations for
signs, Chapter 3 Article D SIGN REQUIREMENTS of the Meridian City Municipal Code
(UDC 11 ~3E~4F)
.
The site shall be returned to a clean condition after the termination of the use, including free
of debris and garbage (UDC 11~3E~4H1)
The sales office shall be located on a lot within a subdivision or planned unit development
(UDC 11 ~3E-6A)
.
.
The principal use of the sales office shall be the sale of lots and/or dwellings within the
development (UDC ll-3E~6B)
The sales office shall meet the construction standards for commercial occupancy and obtain
all necessary permits as required by the Building Code in accord with Title] 0 of the
Meridian City Municipal Code (UDC ll-3E~6C)
.
. When required, the applicant or owner shall obtain a building pennit to convert the sales
office to a dwelling or shall remove the sales office within 30 days ofthe sale or rent of the
final lot or space (UDC 11 ~3E-6D)
11. RECOMMENDATION
The applicant's request to grant the variance was summarized in Section 4.h of this report. Please see the
application for more details.
Based on the UDC policies for temporary uses and the reQuired findim!:s for a variance. staff found a lack
of evidence and grounds to grant a variance to UDC 11~3E~4C1. Therefore. staff recommended denial of
the subject Variance application. At the January 10,2006 meeting, however, the Council directed staff to
prepare fmdin!!s for approval of the subject variance reQuest (see Section 9.1 above).
Redfeather Estates Trailer Variance V AR-05-0025
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