HomeMy WebLinkAboutCentrepointe Landscape Variance VAR-06-013
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
RECEIVED
JUL 06 2006
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In the Matter of Variance to UDC 11-3B-7C2 to count up to 15 feet of existing right-of-way
for Eagle Road towards the landscape street buffer along an Entryway Corridor for
Centrepointe Subdivision, by Jonathan Seel.
Case No(s). V AR-06-013
For the City Council Hearing Date of: June 22, 2006
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of June 22,2006
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of June 22,2006
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of June 22,
2006 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of June 22,2006 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. S67-6503).
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 Nu. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Corle S
II-SA.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). V AR-06-013- PAGE 1 of3
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will
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 provisions listed in Section 9 and the findings listed in
the Staff Report for the hearing date of June 22, 2006 incorporated by reference.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code S 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 use up to IS-feet ofITn right-of-way towards the
required 35-foot wide landscape buffer along Eagle Road is hereby approved; and,
2. Tht: applil.:ant shall be rt:lJ.uirt:d to l.:omply with tht: provisions listed in Section 9 of the
Staff Report for the hearing date of June 22,2006.
D. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use permit entitles the Owner to request a regulatory taking analysis.
Such request must be in writing, and must be filed with the City Clerk not more than
twenty-eight (28) days after the final decision concerning the matter at issue. A request
for a regulatory takings analysis will toll the time period within which a Petition for
Judicial Review may be filed.
2. Please take notice that this is a final action ofthe governing body of the City of
Meridian, pursuant to Idaho Code S 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 June 22,2006
CITY Of MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). V AR-06-013- PAGE 2 of 'I
By action of the City Council at its regular mccting held on thc
r~ ,2006.
V' .
/I~ dayof
COUNCIL MEMBER KEITH BIRD
VOTED ~
VOTED~
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VOTED ~
COUNCIL MEMBER SHAUN WARDLE
COUNCIL MEMBER JOE BORTON
COUNCIL MEMBER CHARLIE ROUNTREE
TIE BREAKER
MAYOR TAMMY de WEERD
--
VOTED
ATTEST:
Copy served upon:
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Dated:_.J_J '8' 0 lp
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). V AR-06-0l3- PAGE 1 of 1
STAFF REPORT
CITY OF MERIDIAN PLANNING DEPARTMENT STAPr REPORT rOR TIlE I1EARING DATE or JUNE 22, 2006
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Hearing Date: 6/22/2006
TO:
Mayor & City Council
FROM:
SUBJECT:
C. Caleb Hood, Current Planning Manager
Centrepointe Landscape Variance
File No. V AR-06-013
Variance request to UDC Table 11-2B-3 and UDC ll-3B-7C2 to use a
_ portion ofITD right-of-way towards the 35-foot wide landscape buffer
requirement adjacent to Eagle Road, an entryway corridor, by Jonathan Seel.
.. :--1.- StfMMARY DESCRIPTION OF APPLICANT'S REQUEST
___------------ The applicant is requesting a variance from UDC Table 11-2B-3 and UDC 11-3B-7C2 which require: 1)
35-foot wide landscape buffers along entryway corridors; and, 2) the entire landscape buffer along streets
to be on a common lot or within a permanent easement. If approved, the Variance would allow the
applicant to count some ofthe adjacent ITD right-of-way towards the landscape street buffer width. The
applicant is proposing to reduce the area ofthe landscape buffer on their property to 20 feet (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-06-013) 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 ofthis 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-
013, 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-06-013, as presented in Staff Report for the hearing date of June 20, 2006 and direct
Planning Staff to prepare findings for approval based on tonight's hearing, with the folluwing
changes: (insert any changes here.)
Continuance
I move to continue File Number V AR-06-0013, 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:
Northwest comer of Us tick Road and Eagle Road; Township 4N, Range IE, Section 32
b. Owner:
Winston H. Moore
1940 Bonito Way # 160
Meridian, ill 83642
Centrepointe Landscape Variance V AR-06-013
Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 22, 2006
c. Applicant:
Jonathan See! for W.H. Moore
1940 Bonito Way #160
Meridian, ill 83642
d. Representative: Jonathan Seel
e. Present Zoning: C-G (General Retail and Service Commercial)
f. Present Comprehensive Plan Designation: Mixed Use - Regional
g. Description of Applicant's Request: The applicant is requesting a variance from UDC Table
11-2B-3 and UDC 11-3B-7C2 which require: I) 35-foot wide landscape buffers along
entryway corridors; and 2) for the entire buffer to be on a common lot or within a permanent
easement. If approved, the Variance would allow the applicant to count some of the adjacent
ITD right-of-way towards the landscape street buffer width. The applicant is proposing to
reduce the area of the landscape buffer on their property to 20 feet.
h. Applicant's Statement/Justification: As Exhibit A shows, once we complete ITD's required
improvements fronting Eagle Rod, there is as much as 27 feet of remaining right of way, we
refer to as surplus. Our request to the City is that Mr. Moore landscape this surplus right of
way in exchange for reducing our 35 foot landscape buffer requirement to 20-feet from the
CentrePoint property line. As our landscape plan shows, we propose exceeding this
requirement along the maj ority of Eagle Road through a combination of surplus right of way
and private land. ITD's long term plans don't call for using this surplus right of way. In
fairness, why would ITD ask Mr. Moore to spend $1.3 million of his own funds ifthere was
any potential to deviate from ITD's improvement plans (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 II, Chapter 5, Article A (Table 11-
5A~I), a public hearing is required before the City Council on this matter.
b. Newspaper notifications published on: May 29 and June 12,2006 (for City Council hearing)
c. Radius notices mailed to properties within 300 feet on: May 26,2006 (for City Council
hearing)
d. Applicant posted notice on site by: June 10,2006 (for City Council hearing)
6. LAND USE
a. Existing Land Use(s): Unimproved
b. Description of Character of Surrounding Area: This is a mixed use area. There is a home
improvement store, a planned retail department store, several single-family homes, and other
planned corrnnercial uses in this area.
c. Adjacent Land Use and Zoning:
1. North: Vacant, zoned C-G
2. West: Champion Park Development, zoned R-8
3. South: Future commercial, zoned C-G
4. East: Commercial, zoned C-G
d. History of Previous Actions: In 2004, the current property owner and the City entered into a
Centrepointe Landscape Variance V A R-06-0 13
Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 22, 2006
Development Agreement (DA) for this site. In 2006 the DA was amended to include a 1.5
acre piece of property. All of the subject site was zoned to C-G and has a DA provision that
requires each use to obtain either detailed CUP approval or receive approval for a planned
development. The applicant has also submitted for preliminary plat approval on this site
(Centrepointe Suhrliviflion, PP-06.020).
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer: Extension of mains in U stick Road
Location of water: Extension of mains in U stick Road
Issues or concerns: None.
2. Vegetation: Agricultural, with some existing trees that should be protected or
mitigated for_
3. Flood plain: N/A
4. Canals/Ditches irrigation: There are a couple of irrigation/drainage ditches that
bisect the property.
5. Hazards: None identified.
6. Size of Property: 31.37 acres
f. Landscaping - Per the Future Land Use Map, both Ustick Road and Eagle Road are designated
as "Entryway Corridors" adjacent to this site. As such, the UDC (Table 11-2B-3)
requires a 35-foot wide street buffer adjacent to both roadways. The landscape plan
proposes a 20-foot wide buffer along Eagle Road. The UDC requires landscape
buffers along streets to be either placed in a separate common lot or a landscape
easement. The applicant has submitted the subject variance to allow a 20-foot wide
landscape buffer along Eagle Road (please see attached Landscape Plan).
7. AGENCY COMMENTS MEETING On April 14, 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 11-5B-4E of the UDC to review the variance request. In order
to grant a variance, the Couneil 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 applicant is requesting to provide a 20.foot wide landscape buffer on this site, where
35-feet is required. In addition to the 20 feet of the applicant's property proposed for
landscaping, up to 27 feet of ITD right.of-way will also be landscaped by the applicant
(the submitted landscape plan shows sod within the right-of.way, no trees or shrubs are
proposed). Council is generally supportive of this request. There are portions ofthe right-
of-way where turn lanes and acceleration and deceleration lanes reduce the adjacent
"surplus" right-of-way dowIl to approximately 10 feet. Staff has contacted Stanley
Consultants who is working on the roadway improvements for Eagle Road in this area.
Centrepointe Landscape Variance V AR-06-0 13
Page 3
CITY or MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 22, 2006
Gary Funkhouser, of Stanley Consultants has verified that, except where there is a
deceleration lane to turn into this site from south bound Eagle Road, at least 15 feet of
surplus right-uf-way will exist adjacent tu this site. By requiring the applicant to provide
a full 20 feet of landscaping on this property, the City is ensured that at least a 35-foot
wide landscape buffer will be provided along Eagle Road. If the applicant provides at
least a 20-foot wide landscape buffer on their property and landscapes the surplus right-
of~way, Council fmds that a special privilege will not be granted to the applicant.
Staff and Council anticipate that other property owners along Eagle Road will ask for
similar variances, if the Council approves the subject variance. If Council is inclined to
approve this variance request, Staff asks that you provide direction on if you would like
to see the standard changed in the UDC for landscaping requirements along Eagle Road.
By providing this direction, Staff will be able to provide better information to future
applicants.
NOTE: The UDC requires a la-foot wide pathway along Eagle Road. The applicant's
landscape plan depicts this pathway within the 20-foot wide landscape buffer and not
within ITD's right-of-way, reducing the landscape area on their property to 10 feet.
B. The variance relieves an undue hardship because of characteristics of the site;
When ITD purchased the right-of-way from the subject applicant, staff believes that ITD
envisioned Eagle Road being wider than five lanes, as currently planned for this area with
the Eagle Road Corridor Plan. To ensure that the subject property owner is not stuck with
maintaining and enhancing the surplus right.of.way adjacent to this site after !TD gets
done with the Eagle Road improvements, Council recommends approval of the subject
variance. NOTE: Staff has contacted ITD staff about the feasibility of vacating thc
surplus right-of-way back to the applicant. ITD staff was not supportive ofthis proposal.
C. The variance shall not be detrimental to the public health, safety, and welfare.
Council finds that allowing the landscape street buffer variance on Eagle Road will not be
detrimcntal to thc public health, safety, and/or welfare.
9. RECOMMENDATION
Staff believes that the applicant's rCQuest meets thc "[mdings test" for granting a variancc (see Section 8.1
above.), and is recommending approval ofthe variance with the followinll provisions:
1. That the applicant be required to provide a 20-foot wide landscape buffer easement along
the Eagle Road frontage ofthis property.
2. That the applicant obtain approval from the !TD to landscape the surplus right-of-way for
Eagle Road adjacent to this site. Surplus right-of-way shall mean all area behind the curb.
3. Landscape materials shall be generally installed as shown in the Landscape Plan in
Exhibit A, and in compliance with the requirements of the UDC.
Centrepointe Landscape Variance V AR-06-0 1::1
Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARlNG DATE OF MARCH 21, 2006
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