HomeMy WebLinkAboutDestination Place Pump House
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
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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 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 §
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 ofthe 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 § 1I-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 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 applicant shall purchase and
install ye!letation that is in the four foot ran!le at this po~t. as opposed to a
one !lallon potted plant that's !loin!l to be six years to !let four foot tall.
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 pennit 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.
Attached: Staff Report for the hearing date of March 21,2006
E.
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 ,;) I ób
rY\a~h ,2006.
day of
COUNCIL MEMBER SHAUN WARDLE
VOTED---4J-Lì-
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COUNCIL MEMBER JOE BORTON
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
TIE BREAKER
MAYOR TAMMY deWEERD
VOTED -
ATTEST:
Copy served upon:
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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 Variauce
File No. V AR-06-006
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Variance request to UDC ll-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 (ODC)
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 12-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 of this Staff Report.
2. SUMMARY RECOMMENDATION
The City Council has final decision authority on Variance applications. Staff is recommending approval
ofthe 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.) At the March 21.2006 City Council
hearinl!. the Council voted to I!rant the subject variance. provided the applicant complies with the
conditions listed at the end of the Staff Report.
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
V AR-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 1 E, Section 17
Destination Place Pump House Variance V AR-06-006
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 21, 2006
b. Owner:
Nampa-Meridian Irrigation District
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 Plail Designation: Mixed Use - Regional - 2002 Comprehensive
Future Land Use Map
g. Description of Applicant's Request: The applicant is requesting a variance from UDC 11-3B-
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 ofthe pump house was
complete, the developers were informed that the slab and roof of the pump house are both
impervious surfaces, are not allowed within the setback, and that entire structure should be
moved::!: 6 feet to the north. Moving the pump 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 information.)
5. PROCESS FACTS
a. The subject application will in fact constitute a variance as detennined by City Ordinance. By
reason of the provisions of the Meridian City Code Title 11, Chapter 5, Article A (Table 11-
5A-l), a public hearing is required before the City Council on this matter.
b. Newspaper notifications published on: February 27th, 2006 and March 13th, 2006
c. Radius notices mailed to properties within 300 feet on: February 24th, 2006
d. Applicant posted notice on site by: March 11 th, 2006
6. LAND USE
a. Existing Land Use(s): Irrigation pump 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: Cesco Equipment, zoned C-G
3. South: Commercial offices, zoned L-O
Destination Place Pump House Variance V AR-06-006
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 21, 2006
4. East:
Vacant commercial lot, zoned C-G
d. History of Previous Actions: In 2005, the City Council approved a preliminary and later [mal
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 ofthe zoning violation. Subsequently, City Staff
perfonned a site visit and then notified CSHQA of the encroachment of the pump house into
the required buffer. In 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 from Anna Canning and August 22, 2005 from
Brad Hawkins-Clark). CSHQA failed to apply for an appeal of City Staffs 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. Flood plain: N/A
4. Hazards: None Identified
5. Size of Property: 0.004 acres
6. Description of Use: Irrigation Pump House Facility.
f. Subdivision Plat Information - N/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 Council finds
that the following UDC sections are pertinent to the Variance application:
8.1 The City Council shall apply the standards listed in Idaho Code 67-6516 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:
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
Destination Place Pump House Variance V AR-06-006
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2],2006
screened with dense landscaping, Council finds that a special privilege will not be
granted to the applicant.
B. The variance relieves an undue hardship because of characteristics of the site;
Council 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.
Council 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, Council 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 "fmdill!!s test" for
granting a variance (see Section 8.1 above.). and is recommending approval of the variance with the
followin!! provisions:
1. 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 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 applicant shall purchase and install
velletation that is in the four foot raß!:!e at this point. as opposed to a one !!allon
potted plant that's Iloinll to be six vears to Ilet four foot tall.
The removal ofthe 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.
C.
2.
3.
Destination Place Pump House Variance V AR-06.006
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 21,2006
ExhibitA
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