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Home My WebLink AboutStaff Comments CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LA WAND DECISION & ORDER RECEIVED MAR 1 Ö 2006 j .. ..~t Meridian .. rk Office cM'e;;di ~n ",;\ I, ILI.\HO !f \~+..(. ¿I ìS:~ \- .--.r -'<~¡"-"/'!o;T'",-",-~--'y--"'~'~"'" --~ In the Matter of a Variance request to UDC 113B- 7C6 to allow an impervious surface (irrigation pump house) within a landscape street buffer in a C-G zone, by Ray Hallett. Case No(s). V AR-06-006 For the City Council Hearing Date of: March 21, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of March 21,2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of March 21, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of March 21,2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of March 21,2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning 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 ofthe 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 § 1I-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 NO(S). V AR-O6-006- 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 proposal is allowed. 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 Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Landscape Plan and Site Plan in Exhibit A of the Staff Report for the hearing date of March 21,2006, and the attached findings in the Staff Report for the hearing date of February 21, 2006 incorporated by reference. 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 request to allow an impervious surface within the required landscape buffer on Overland Road is hereby approved, provided the applicant complies with the following provisions: a. The existing concrete slab and underground cistern may remain where they are provided the existing 12-foot tall pump house structure is removed and replaced with a maximum 4-foot tall, low-profile structure, as proposed. Landscape materials shall be installed around the modified pump house structure, as proposed. The removal of the existing pump house structure and construction of the new low-profile structure and adjacent landscaping shall be completed by the applicant, and inspected by Planning Department Staff, prior to issuance of any Certificates of Occupancy within Destination Place Subdivision. D. Notice of Final Action and Right to Regulatory Takings Analysis b. c. 1. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. E. Attached: Staff Report for the hearing date of March 21,2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). V AR-O6-006- PAGE 2 of 3 By action of the City Council at its regular meeting held on the ,2006. day of COUNCIL MEMBER SHAUN WARDLE VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED TIE BREAKER MA YOR TAMMY de WEERD VOTED MAYOR TAMMY de WEERD ATTEST: WILLIAM G. BERG, JR., CITY CLERK Copy served upon: Applicant Planning Department Public Works Department City Attorney By: City Clerk's Office Dated: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). V AR-O6-006- PAGE 3 of 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 21, 2006 STAFF REPORT TO: FROM: SUBJECT: Hearing Date: 3/21/2006 Mayor & City Council C. Caleb Hood, Current Planning Manager Destination Place Pump House Variance File No. V AR-O6-006 "- g /"'~"' ~" '-/VLe:ridicm J; ..~ '. IU.\HO J.1 \^ J '-'t(' /' "'-'\- -----" "<!.,'("I:~-:!".-,-~~ 'y,:'i-'!"~-'-',_w'fü1 Variance request to UDC 11-3B~7C6 to allow an impervious surface (irrigation pump house) within a landscape street buffer in a C~G zone, by Ray Hallett. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant is requesting a variance from Section 11 ~3B~ 7C6 of the Unified Development Code (UDC) which prohibits impervious surfaces within landscape buffers, If approved, the Variance would allow a 6~ foot by l2~foot wide encroachment into the required 25~foot landscape street buffer on Overland Road. The applicant is proposing to remove the existing l2~foot tall pump house and replace it with a shorter structure that is approximately 4~feet tall, concealed by shrubbery. This proposal would leave approximately 75 square-feet of an impervious surface (concrete) within the required landscape buffer, but would screen the impervious surface from view (see Exhibit A for proposal). The applicant's justification for the requested variance is listed in Section 4.h ofthis Staff Report. 2. SUMMARY RECOMMENDATION The City Council has final decision authority on Variance applications. Staff is recommending approval of the subject Variance application (V AR-06~006) for the reasons listed herein. Staff finds that the application meets all of the findings required in the UDC in order for the City Council to grant a variance. (See the analysis, in Section 8 of this report, for more details.) 3. PROPOSED MOTION (to be considered after the public hearing) Denial After considering all staff, applicant and public testimony, I move to deny File Number V AR~06~ 006, and direct Legal Staff to prepare the appropriate findings document for denial. (You should state why you are denying the request.) Approval After considering all staff, applicant and public testimony, I move to approve File Number VAR~06~006, as presented in Staff Report for the hearing date of March 21,2006 and direct Planning Staff to prepare findings for approval based on tonight's hearing, with the following changes: (insert any changes here.) Continuance I move to continue File Number V AR~06~006, 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: 2100 E. Overland Road (Lot 1, Block 3, Destination Place Subdivision; north side of Overland Road, just west of Millennium Way; Township 3N, Range IE, Section 17 b. Owner: Nampa~Meridian Irrigation District Destination Place Pump House Variance V AR-06-006 Page I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 21,2006 1503 First Street South Nampa, ill 83651 c. Applicant: Ray Hallett P.O. Box 30 Sunnyside, W A 98944 d. Representative: Ray Hallett e. Present Zoning: C-G (General Retail and Service Commercial) f. Present Comprehensive Plan Designation: Mixed Use - Regional - 2002 Comprehensive Future Land Use Map g. Description of Applicant's Request: The applicant is requesting a variance from UDC ll-3B- 7C6 which prohibits impervious surfaces from being located within required landscape buffers. The applicant is proposing to retain the existing pump house's cistern and foundation, but remove the pump house structure and replace it with a low-profile structure that will be screened from view with shrubbery. h. Applicant's Statement/Justification: Shortly after construction of the pwnp house was complete, the developers were infonned that the slab and roof of the pwnp house are both impervious surfaces, are not allowed within the setback, and that entire structure should be moved :i: 6 feet to the north, Moving the pwnp house will also require destroying, and rebuilding, the large underground cistern on which the pump house sits (the cistern has the same area as the pump house, and extends about 15 feet underground). Demolishing the existing system, and then rebuilding it 6 feet north, will create a significant hardship, and is a "waste" of valuable resources. This seems especially unproductive, considering the minimal visual improvement that would be achieved with the same structure a mere 6 feet further north (please see the applicant's submittal letter for more infonnation.) 5. PROCESS FACTS a. The subject application will in fact constitute a variance as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, Chapter 5, Article A (Table lI- SA-I), a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: February 2711\ 2006 and March 13th, 2006 c. Radius notices mailed to properties within 300 feet on: February 241\ 2006 d. Applicant posted notice on site by: March 11 th, 2006 6. LAND USE a. Existing Land Use(s): Irrigation pwnp house b. Description of Character of Surrounding Area: Primarily, commercial businesses. There is a high school, a movie theatre, and the interstate within the general vicinity. c. Adjacent Land Use and Zoning: 1. North: Vacant commercial lot, zoned C-G 2, West: 3. South: Cesco Equipment, zoned C-G Commercial offices, zoned L-O 4. East: Vacant commercial lot, zoned C-G Destination Place Pump House Variance V AR-06-006 Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 21,2006 d. History of Previous Actions: ill 2005, the City Council approved a preliminary and later fmal plat for Destination Place Subdivision (aka - Boise Valley Commons). Unbeknownst to City Staff, an irrigation pump house facility was constructed within the required 25-foot wide landscape buffer on Overland Road. During construction of said pump house, City Staff was notified by an adjacent property owner of the zoning violation. Subsequently, City Staff perfonned a site visit and then notified CSHQA of the encroachment of the pump house into the required buffer. ill early August of 2005 CSHQA applied for alternative compliance to allow the pump house to stay. Later, in August of 2005, the City Staff denied CSHQA's request for alternative landscape compliance on the subject site. This request was denied primarily because the Nampa-Meridian Irrigation District (NMID) did not require the pump house to be located in the subject location (it could be moved north) and City Staff did not believe that any of the circumstances required for granting alternative compliance were present (see letters dated August 12,2005 ttom Anna Canning and August 22,2005 ttom Brad Hawkins-Clark). CSHQA failed to apply for an appeal of City Staff s decision of the alternative compliance request to the City Council in a timely manner. The subject applicant has subsequently submitted a variance request to allow approximately half of the irrigation facility to encroach within the Overland Road landscape buffer. e. Existing Constraints and Opportunities 1. Public Works Issues or concerns: None 2. Vegetation: None 3. Floodplain: NIA 4. Hazards: None Identified 5. Size of Property: 0.004 acres 6. Description of Use: Irrigation Pump House Facility. f. Subdivision Plat illfonnation ~ NI A g. Landscaping - The applicant is proposing to install substantial landscaping materials to buffer the modified pump house facility (please see attached Landscape Plan). 7. AGENCY COMMENTS MEETING On February 24,2006 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. 8. UNIFIED DEVELOPMENT CODE REQUIRED VARIANCE FINDINGS Staff finds that the following UDC sections are pertinent to the Variance application (staff analysis in italics below section): 8.1 The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in Section ll-5B-4E of the UDC to review the variance request. ill order to grant a variance, the Council shall make the following [mdings: A. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: The City regularly allows minor public utilities to locate within required landscape buffers. However, the size of the existing structure takes away from the aesthetic value of the nearby landscaping. If the pump house is modified as proposed, to be 4-feet tall and screened with dense landscaping, staff finds that a special privilege will not be granted to the applicant. Destination Place Pump House Variance V AR-06-006 Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 21,2006 C. B. The variance relieves an undue hardship because of characteristics of the site; Staff finds there is a physical characteristic of the site which requires the applicant to operate the pump house in this location. Nampa-Meridian Irrigation District expressed a desire to have the pump house be located at the conjunction of the delivery box and the drain pipe, within the existing irrigation easement limits. Therefore, the pump house was designed and located astride the line that delineates the limit of the landscape setback. Granted, this pump house could have been located further to the north, outside the required buffer area, but it was located as such due to the subject area already being encumbered by an irrigation easement. The variance shall not be detrimental to the public health, safety, and welfare. Staff finds that allowing the irrigation pump house and impervious surface within the landscape buffer on Overland Road will not be detrimental to the public health, safety, and/or welfare. Further, staff has a copy of a letter from Mark Canfield, president of Cesco, dated January 26,2006, which states their (Cesco's) full support ofthe applicant's proposal to replace the current building with a low profile cover, surrounded by plant materials (Cesco is the adjacent property owner who originally made staff aware of the violation.) 9. 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. Staff believes that the applicant's justification meets the "findinl!s test" for crantinl! a variance (see Section 8.1 above.), and is recommendinl! approval of the variance with the followinl! provisions: 1. The existing concrete slab and underground cistern may remain where they are provided the existing l2Mfoot tall pump house structure is removed and replaced with a maximum 4-foot tall, low-profile structure, as proposed and shown in Exhibit A. Landscape materials shall be installed around the modified pump house structure, as shown in the Landscape Plan in Exhibit A. The removal of the existing pump house structure and construction of the new low- profile structure and adjacent landscaping shall be completed by the applicant, and inspected by Planning Department Staff, prior to issuance of any Certificates of Occupancy within Destination Place Subdivision. 2, 3. Destination Place Pump House Variance V AR-06-006 Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 21,2006 ExhibitA ~ j ~ ¡!( ~~ J! H I Ii!p ~~ ~; ~ i~ 3 = ~ )-~ >-£ ~ ~M .0 ~ ~i ~~ ~ :~d!~ i l~ ~ìn ~ Iii i!!i!! g ~ 0 0 I )( ¡ ~ i x. z !!I ' ~ 9 ::J J 00 ~ ~ I ¡ ~ f:i 0 j¡:! ~ ¡ 0 L---l a ¡ ¡ ! i ¡ ! j ! i i/! @:! ---------------------- r ¡¡¡ l",~Osc.AP[ f~~N .-,,---------------,._-- Exhibit A Page 1 . I , II -, 5. ~ a -{ () ()( D z « fi ill > C) -- ------- --m_--_m- -----._-----.--.- ,,-- ----- -- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 21, 2006 ~ \ ,I' -" \Ù. Exhibit A Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 21,2006 ~ \ 'I' ~ ~. ~ Exhibit A Page 3