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HomeMy WebLinkAboutPrevail Sub 3 - ALT (A-2021-0174) Letter September 2, 2021 Matt Schultz Schultz Development PO Box 1115 Meridian, ID 83680 RE: Prevail Subdivision No. 3 – Alternative Compliance (A-2021-0174) Dear Mr. Schultz: This letter is to confirm the Director approved your request for alternative compliance to Unified Development Code (UDC) 11-2A-6 & 11-3B-7, which dictates the minimum width and landscaping requirements for landscape buffers along streets. The subject subdivision has frontage along Meridian Road/Highway 69 which requires a 35’ wide landscape buffer within a 35’ wide common lot, per UDC 11-2A-6 dimensional standards for the approved R-8 zoning district. The Idaho Transportation Department (ITD) right-of-way line shifts further to the east towards this site as it heads north when compared to the previous phases of the Prevail Subdivision directly to the south. The Applicant has aligned the required multi-use pathway and property lines in phase 3 with that of those to the south. When combined with the ITD right-of-way shift, it reduces the common lot width from 35’ to 25’. Hence, the Applicant is requesting Alternative Compliance approval to reduce the common lot width in this area while maintaining more than the required landscape buffer width, per the exhibits below. Per the Applicant, the full right-of-way width and landscape buffer is 55’ total and will be landscaped per UDC standards and exceeds minimum code requirement widths. The Applicant is requesting the common lot width be reduced to 25’ so a loss in buildable lot area is not required. Because the total buffer width will exceed minimum code requirements and the proposed buffer and multi-use pathway will be aligned with existing construction to the south, Staff supports the Alternative Compliance request. 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 11-2A-6 for the landscape common lot width is feasible but not ideal because it would create a shift in the required berm and wall along SH 69 that Staff does not find necessary. Furthermore, the proposed width of the buffer is greater than the common lot width required by code as noted above. 2 2. The alternative compliance provides an equal or superior means for meeting the requirements; and The submitted exhibits show the requested 25’ landscape buffer consistent with the landscaping to the south, in Prevail No. 1 & 2. This exhibit also shows the additional landscaping that is required within the ITD right-of-way exceeding the total width of the required street buffer by 20’. Therefore, the Director finds the proposed alternative means of compliance provides at least an equal means for meeting the requirements of landscape buffers along streets. 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, existing and proposed. The proposed landscape buffer should offer adequate noise and light mitigation from SH 69 consistent with the buffer to the south. 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 September 17, 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 Attachments: A. Landscape Plan B. Landscape Buffer Detail 3 A. Landscape Plan Exhibit 4 B. Landscape Buffer Detail