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Home My WebLink AboutHarks Corner VAR 02-012 MAYOR Robert D_ Corrie HUB OF TREASURE VALLEY A Good Place to Live LEGAL DEPARTMENT (208) 288-2499 . Fax288-2501 CITY COUNCIL MEMBERS Tammy deWeerd Keith Bird Cherie McCandless William L.M. Nary CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 8884433 . FAX (208) 887-4813 City Clerk Office Fax (208) 888-4218 PUBLIC WORKS BUILDING DEPARTMENT (208) 898-5500. Pax 887.1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533. FAX 888-6854 MEMORANDUM: RfleElVED To: Mayor and City Council A!!~ ", ',;: ?;lj'"!f'i l.J~,J l ,) j...;,)~~L From: Steve Siddoway, Planner IT ~ CITY OF MERIDIAN CITY CLERK OFFIr-F Request for a Variance from Meridian City Code (MCC) 12-13-7-2 (Landscape . Ordinance), to aDow conifer trees in the required street buffer, at Harks Corner by Van Hees Properties, LLC. (File No. V AR-02-O 12). Re: The Planning and Zoning stqff has reviewed the applicant's SIlbmittal, andwe offer the following comments and recommendations: APPLICATION SUMMARY The Applicant, Van Hees Properties LLC, has asked for a variance to allow conifer trees in the required street buffers at Harks Comer, at the intersection ofFrank1in Road and Linder Road. Conifer (evergreen) trees, such as pines and spruce trees are prohibited in street buffers per Ordinance 12-13-7-2 "Prohibited Plant Material". The reason for the prohibition is that conifers generally do not make desirable street trees. As they grow, they screen more and more of the project behind them, ",aleing it more difficult to see (thus the conifers are actually encouraged in buffers between incompatible land uses). Property owners often deal with the lack of visibility after conifer trees have matured by limbing the trees up and deforming their natura1 shape or by simply removing the trees. During the formation of the landscape ordinance, the Police Department supported the prohibition of conifers as street trees because they make it more difficult for patrol officers to monitor activities in and around the parking lot as the trees mature. Deciduous trees, on the other hand, provide a canopy and soften the parking lots without blocking visual access to them. Harks Comer was granted a Conditional Use Permit (CUP) on June 19, 2001. The approved pl;m for the CUP shows a mix of deciduous trees, but no conifers. A condition of approval for the CUP was that the landscaping "shall be installed as submitted, with the addition of at least three more two-inch caliper trees." The project was then issued a Certificate of Zoning Compliance (CZC) on September 12, 2001. Again the approved plan showed a mix of deciduous trees, but no conifers. The CZC states that VAR..02-012 HalbComc:rVAR Mayor and Council August 23, 2002 Page 2 "all trees, and landscape islands shall be planted as per the approved landscape plan. . .. Written approval of any changes is required; no field changes will be accepted." In June, 2002, the property was inspected by David McKinnon and found to be out of compliance with the approved CUP, CZC, and City Ordinance due to the conifer trees being planted in place of the approved trees, and several other missing trees. However, a Temporary Certificate of Occupancy was issued to allow the businesses in Harks Comer to open while the issue is resolved. The City is currently holding a cash bond (in the form of check #1019 from Harks Comer, Inc.) for $5,500 as surety for replacing the prohibited trees with approved trees. While staff agrees that the current landscaping is attractive, it needs to be brought into compliance with the approved CUP, CZC, and City Ordinance. According to Ordinance 11-18- 1, "Variances shall be granted only where strict application of the provisions of this Title would result in unnecessary hardship (italics added)." Per 11-2-2, a hardship is defined as "an unusual situation on the part of an individual property owner which will not permit him to enjoy the full utilization of his property as is enjoyed by others in the community. A hardship can exist only when it is not self-created (italics added)." This is clearly a case of self-created hardship. The reason for the hardship, as stated in the Variance application is as follows: "It was not our intent to install trees that are not allowed in the Landscape Ordinance, however, we did not check with the correct people to see if they were allowed." The difficulty or hardship that would result if the Ordinance were applied to the subject property is that "20 trees would have to be removed and replaced." Although it is not mentioned in the Variance request, the subject property is missing several trees along the south property line and in planters near the car wash. It should also be noted that the conifer trees that are the subj ect of this Variance request are not only in front of the current businesses associated with Harks Comer on Lots 3, 4, and 5, but also extend in front of Lots I and 2, which are currently undeveloped. If the City Council members believe that the conifer trees should be allowed to remain, a proper course of action would be to amend Section 12-13-7-2 of the Landscape Ordinance to allow conifer trees in street buffers. This would extend the same privilege to all property owners in the City. However, a Variance to the current ordinance should not be granted because it would arbitrarily grant one property owner a privilege denied by City Ordinance to other properties in the same zoning district. LOCATION The Applicant's property is located at southwest comer of the intersection ofFrank1in and Linder Roads. SURROUNDlNG PROPERTIES North - Vacant land, zoned I-L. South - Agricultural land with a single family dwelling, zoned R-l (County). A little further to the south is the Whitestone Subdivision, zoned R-4. VAR-Q2-012 HIlJ'ksCrnnerVAR Mayor and Council August 23, 2002 Page 3 East - Directly to the east is vacant land zoned C-N, adjacent to Crest wood Estates, zoned R-4. West - Agricultural land, zoned RUT (County). REOUIRED FINDINGS According to Ordinance 11-18-1, Variances, the Council may authorize in specific cases a variance from the terms of either the Zoning or Subdivision Ordinance. Specifically, the Ordinance lists the following Findings (MCCll-18-3), all of which must be determined before granting a variance: A. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Title would clearly be impracticable or unreasonable; Staff finds that there are no special circumstances or conditions affecting the property that makes the strict application of the provisions of this title impracticable or unreasonable. The owner would have to remove conifer trees because they are prohibited and replace them with an approved tree species. The fact that a property owner has already planted trees that would be costly to replace does not constitute a special circumstance that makes application of the ordinance clearly unreasonable. B. That strict compliance with the requirements of this Title would result in extraordinary hardship to the owner, subdivider or developer because of unusual topography, the nature or condition of adjacent development, other physical conditions or other conditions that make strict compliance with this Title unreasonable under the circumstances, or that the conditions and requirements of this Title will result in inhibiting the achievements or the objectives of this Title; As noted above, staff does not feel that there are any special circumstances (due to unusual topography, nature or condition of adjacent development, or any physical conditions) that make strict compliance unreasonable. The hardship is self-created and does not qualify for a Variance by the standards of City Ordinance. C. That the granting of the specified variance will not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated; Staff finds that the requested variance may not be detrimental to the public's welfare or injurious to other properties in the area. However, the goals and objectives of the MCC will be compromised should a variance be granted. VAR-02-012 Harks Comer VAR Mayor and Council August 23, 2002 Page 4 The City Council should listen to any public testimony offered concerning whether or not the surrounding property owners feel that the requested variance will affect their properties. D. That such variance will not have the effect of altering the interest and purpose of this Title and the Meridian Comprehensive Plan. Staff finds that the issuance of a variance for allowing conifers to be planted in the required street buffer will have the effect of altering the purpose and interest of the Zoning Ordinance. Staff finds that the Applicant can plant trees on the subject property that will meet all of the MCC requirements. STAFF RECOMMENDATION Staff recommends denial of this variance request. VAR-02..()12 HmComer VAR , MAYOR Rah<rt D. Carrie ,~~ ~~ ~ CITY OF ti~~~ " '\.JYlendian ~; \ ~ IDAHO .~ ~ j ~ L Ar'T~~"'<:<~I~.V."";~ '1903 LEGAL DEPARTMENT (208) 288-2499 . Fa. 2S8-250 I PARKS & RECREATION (208 888-3579 . Fa.>: 898-5501 PUBLIC WORKS (208) 898-55OO.Fa.>: 887.1297 BUILDING DEPARTMENT (208) 887-2211 . Fax 887-1297 PLANNING AND ZONING (208) 884-5533 . Fax 888-6854 CITY COUNCIL MEMBERS Tammy deWeerd William L. M. Nary Cherie McCandless Keich Bird TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: August 29, 2002 Transmittal Date: August 6, 2002 Hearing Date: September 3, 2002 File No.: VAR 02-012 Request: Request for a Variance to the landscape ordinance to allow conifers in the landscape buffer at Harks Corner By: Van Hees Properties, LLC Location of Property or Project: southwest comer of S. Linder Rd and W. Franklin Rd. David Zaremba, PIZ (No VAR. v_c, Fl') Jerry Centers, PIZ (No VAR, V_Co FP) Leslie Mathes, P/Z (No VAR. VAC, Fl') Keven Shreeve, PIZ (NoVAR, VAC,FI') Keith Borup, PIZ (NoVAR.VAC,Fl') Robert Corrie, Mayor Bill Nary, CIC . Tammy deWeerd, GlC Keith Bird, GlC Cherie McCandless, CIC Water Department Sewer Department Sanitary Service (No VAR. V_Co FP) Building Department Your Concise Re "... Fire Department Police Department City Attomey City Engineer City Planner Parks Department Meridian School District (No FP) Meridian Post Office (R'IPP..."., Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (R'IPP.."., U.S. West (FPIPP_ Intermountain Gas(R'IPP_ Bureau of Reclamation (R'IPP_ Idaho Transportation Department (NoFl') Ad Cou~ ~..."., RECEIVED AUG 1 5 2tl02 City Of Meridian City Clerk Office 33 EAST IDAHO. MERIDIAN, IDAHO 83642 (208) 888-4433' Fax (208) 887-4813 . City Clerk Oftice Fa.>: (208) 888-4218 . Human Resources Fo, (208) 884-8723 l I C{j '\ J RECEIVED AUG 2 0 2002 City of Meridian City Clerk Office ~&~1~1)~ 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651.4395 FAX # 208.463.0092 August 9, 2002 phones: Area Code 208 OFFICE, Nampa 466-7861 SHOP, Nampa 466.0663 Will Berg, City Clerk City of Meridian 33 East Idaho ""'Meridi'llni: :W~3642 Re: V AR 02-012 Variance request to landscape ordinance to allow conifers in the landscape buffer at Harks Comer Dear Commissioners: The Narnpa & Meridian Irrigation District has no comment on the above-mentioned application. Sincerely, ~tfft"~ ~ter Superintendent NAMPA & MERIDIAN lRR1GATION DISTRICT BH: din C: File - Shop File - Office Water Superintendent APPROXIMATE IRRIGABLf ACRES RIVER FLOW RIGHTS. 23,000 BOISE PROJECT RIGHTS - 40,000 MAYOR Roher[ D. Corrie ". ,;'., ~(. r:-~~ .. ~_.,!,\'~f.:,l";'_1!;~ oUe;;dl;~~~~; \, ~ IDAHO Ii r> }/ ~.<'> ~.7 C., R~dr.tTR"^SI A"'V"'I:'j....::; [SINce . 19GJ LEGAL DEPARTMENT (208) 288-2.\.99 . Fax 288-2501 CITY COUNCIL MEMBERS Tammy deWeerd Willi'am L. M. Nary Ch~'rie Mt.:Candless Keith Bird PARKS & RECREATION (208 888-3579 . Fax 898-550 [ PUBLIC WORKS (208) 898-5500 .Fax 887-121)7 BUILDING DEPARTMENT (208) SS?-22l [ . Fax 887-1297 PLANNING AND ZONING (208) 884-5533 . Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: August 29, 2002 Transmittal Date: August 6, 2002 Hearing Date: September 3, 2002 File No.: VAR 02-012 Request: Request for a Variance to the landscape ordinance to allow conifers in the landscape buffer at Harks Comer By: Van Hees Properties, LLC Location of Property or Project: southwest corner of S. Linder Rd and W. Franklin Rd. David Zaremba, PIZ (No VAR, VAC, FP) Jerry Centers, PIZ (No VAR. VAC, FP) Leslie Mathes, P IZ (No VAR, VAC, FP) Keven Shreeve, PIZ (No VAR, VAC, FP) Keith Borup, PIZ eM> VAR, VAC, FP) Robert Corrie, Mayor Bill Nary, CIC Tammy deWeerd, CIC Keith Bird, C1C Cherie McCandless, CIC Water Department ......-- Sewer Department Sanitary Service eM> VAR, VAC, FP) Building Department Your Concise Remarks: Fire Department Police Department City Attorney City Engineer City Planner Parks Department Meridian School District tHo FP) Meridian Post Office (FPIPP only) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers I rrigation District Idaho Power Co. (FPIPP","" U.S. West (FP/PPonIy) I nterrnountain Gas (FP/PP only) Bureau of Reclamation (FP1PP_1yJ Idaho Transportation Department eM>FP) Ada County (AZ-1yJ A10 C ." RECEIVED AUG - 9 2002 FE~~6~D CITY OF MERIDIAN WASTEWATER DEPT. . City of Meridian City Clerk Office 33 EAST IDAHO. MERIDIAN, IDAHO 83642 (208) 888-4433 . Fax (208) 887-4813 . City Clerk Oflice Fax (208) 888-4218 . Human Resources Fax (208) 884-8723 / MAYOR Roh.:rc D. COITic " ~e.. .-'. ~t;"' -'W1:_V ,."', .,~. ~'''~'!:.?..~ .~ cUe;;dl;~;J~~\;,\ '~' IDAHO f '< ,(. r'",,:\. if te~.tlflU ~ 19 0 J LEGAL DEPARTMENT {lOS) 28::i-2499. F;l.'{ 288-2501 CITY COUNCIL MEMBERS T<.Immy ucWeerJ William L. M. Nary Cherie fvkC.mdlt:ss Keith Biru PARKS & RECREATION (208888-3579. Fax S98-5501 PUBLIC WORKS (108) 81)8.5500 -Fax:'-;87-/197 BUILDING DEPARTMENT (208) 887-2211. F:l.x 887-1:::97 PLANNING AND ZONING (lOS) 88-1--5533 . F:.L:'>. 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: August 29, 2002 Transmittal Date: August 6,2002 Hearing Date: September 3, 2002 File No.: VAR 02-012 Request: Request for a Variance to the landscape ordinance to allow conifers in the landscape buffer at Harks Corner By: Van Hees Properties, LLC Location of Properly or Project: southwest corner of S. Linder Rd and W. Franklin Rd. David Zaremba. prz (No VAR. VAC, FP) Meridian School District (No FPJ Jerry Centers. P/Z (No VAR, VAC, FP) Meridian Post Office (/'PIPP~'" Leslie Mathes. prz (No VAR, VAC, FP) Ada County Highway District Keven Shreeve, P/Z (NoVAR,VAC,FP) Community Planning Assoc. Keith Borup, P/Z (No VAR, VAC, FP) Central District Health Robert Corrie. Mayor Nampa Meridian Irrig. District Bill Nary, CIC Settlers Irrigation District Tammy deWeerd, CIC Idaho Power Co. (FPIPP~'" Keith Bird. CIC U.S. West (/'PIPP"",>! Cherie McCandless. CIC Intermountain Gas(/'PIPP~"" v Water Department Bureau of Reclamation (FPIPP...", Sewer Department Idaho Transportation Department (No FPJ Sanitary SelVice (No VAR, VAC, FP) Ada County (AZ~", Building Department Your Concise Remarks: ::;:; J!;::/:;.- ;;,r- e YI/h~ FIre Department ~~~'i\; r:::-t -=- (__ _.e.. 5":;"- Pollee Department ___!l. ~ _ . ~~= $/11 Parks Department RECEIVED AUG I 3 2002 33 EAST IDAHO' MERIDIAN. IDAHO 83642 (208) 888-4433. Fax (208) 887.4813 ' City Clerk OlTlce Fax (208) 888-4218 . Hum," Resources F,x (208) 884-8723 City of Meridian City Clerk Office ~ CENTRAL UtBt6iI~ CENTRAL DISTRICT HEALTH DEPARTMENT Environmental Health Division Return to: o Boise DEagle o Garden City ~dian o Kuna DACZ Rezone # Conditional Use # Preliminary I Final I Short Plat \j i4i2 0:2 -01 L ~ei:s C".,.;ve-r- l' ~ We have No Objections to this Proposal. ~ ,:..1 '\r " We recommend Denial of this Proposal. CITY OF MERiDIAN CiTv," CQ', ,'ee!r:: Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. . . We wiil require more data concerning soil conditions on this Proposal before we can comment. Before we can comment concerning individual sewage disposal, we will require more data conceming the depth of: o high seasonal ground water 0 waste flow characteristics o or bedrock from original grade 0 other o 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. 02. 03. 04. 05. o 7. This project shall be reviewed by the Idaho Department of Water Resources concerning weil construction and water availability. o 8. After written approval from appropriate entities are submitted, we can approve this proposal for: o central sewage 0 community sewage system 0 community water well o interim sewage 0 central water o individual sewage 0 individual water o 9. The foilowing plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: o central sewage 0 community sewage system 0 community water o sewage dry lines 0 central water o 10. Run-off is not to create a mosquito breeding problem. o 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. o 12. If restroom facilities are to be instailed, then a sewage system MUST be instailed to meet Idaho State Sewage Regulations. o 13. We will require plans be submitted for a plan review for any: o food establishment 0 swimming pools or spas o beverage establishment 0 grocery store 014. o child care center Date: c:F- If IQL Reviewed By: ~~ CDHD 9100 Ikc Review Sheet