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Home My WebLink AboutStaff Comments CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF NOVEMBER 8,2006 STAFF REPORT TO: FROM: SUBJECT: Hearing Date: November 8,2006 Mayor and City Council Justin Lucas, Associate City Planner Crossfield Subdivision Setbacks Variance ,; ~;;i_WED I,~ IO,"H~OV 0 )-~OOS ~' *"'- '~tt . V AR-06-023 Request for a variance to ODC 11-2A-5 to allow front setbacks to be reduced to 10 feet from back of sidewalk, for porches and side-loaded garages within all phases of Crossfield Subdivision. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant is requesting a variance from Section 11-2A-5 ofthe Unified Development Code (UDC) which establishes that street side building setbacks shall be 15 feet to the living area and 20 feet to the garage, measured from the back of sidewalk in the R-8 zoning district. The applicant is requesting that this measurement be reduced to 10 feet from the back of sidewalk for porches and side loaded garages. The applicant's justification for the variance is outlined below. 2. SUMMARY RECOMMENDATION Staff is recommending approval of the subject Variance application (V AR-06-023) for the reasons listed herein. We find that the application meets all of the findings required in the UDC for the City Council to grant a variance (see Exhibit C for required fmdings). 3. PROPOSED MOTION (to be considered after the public hearing) Update Approval After considering all staff, applicant and public testimony, I move to approve File Number V AR- 06-023 as presented in the staff report for the hearing date of November 8,2006. Denial After considering all staff, applicant and public testimony, I move to deny File Number V AR-06- 023 as presented during the hearing on November 8, 2006, for the following reasons: (you should state specific reasons for denial.) Continuance After considering all staff, applicant and public testimony, I move to continue File Number V AR-06-023 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: 955 W. Ustick Road Section 1, Township 3N, Range 1 W b. Owner Heron River Development, LLC 6223 N. Discovery Way, Suite 100 Boise, ill 83713 c. Applicant: Same as owner Crossfield Sub Setback Variance V AR-06-023 PAGE 1 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF NOVEMBER 8, 2006 d. Representative: Becky McKay, Engineering Solutions e. Present Zoning: R-8 f. Present Comprehensive Plan Designation: Medium Density Residential g. Description of Applicant's Request: The applicant is requesting a variance from the Unified Development Code to allow the front setbacks to be reduced to 10 feet, measured from back of sidewalk, for porches and side-loaded garages within all phases of Crossfield Subdivision. h. Applicant's Statement/Justification: "The granting of the variance would not grant a right or special privilege that is not otherwise allowed in the district, as the Meridian City Council has recently granted similar variances. Due to the roadside swales, the variance will relieve an undue hardship because of the characteristics of the site. The variance will not be detrimental to the public health safety and welfare." 4. 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 II, 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: October 16th and 30th, 2006 c. Radius notices mailed to properties within 300 feet on: October 13th, 2006 d. Applicant posted notice on site by: October 30th, 2006 5. LAND USE a. Existing Land Use(s): Being developed as a residential subdivision b. Description of Character of Surrounding Area: Single family residential c. Adjacent Land Use and Zoning 1. North: Vacant land and residences, zoned RUT. 2. West: Proposed Southwick Subdivision, zoned R-8. 3. South: Meadow View Subdivision, zoned R-4. 4. East: Vallin Courts Subdivision, zoned R-8; Waterbury Park Subdivision, zoned R-4; and two rural parcels, zoned RUT. d. History of Previous Actions: This project has been acted upon various times by the City Council. The first applications that were submitted included a request for annexation and zoning, preliminary plat, and conditional use permit approval (AZ-05-015, PP-05-017, CUP- 05-022). These applications were approved by the City Council on October 4,2005. After receiving the initial approval the applicant subsequently filed three final plat applications which have all been approved by the City Council (FP-05-080 approved 1/24/06, FP-06-025 approved 6/22/06, and FP-06-034 approved 8/8/06). 6. AGENCY COMMENTS MEETING No agency comment meeting was held specifically for this Variance application. All affected agencies were informed about this request and given the opportunity to submit comments to the Planning Department to be included in this report. No site specific comments or requirements were provided for the Variance application by other agencies. 7. UNIFIED DEVELOPMENT CODE Crossfield Sub Setback Variance V AR-06-023 PAGE 2 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DA IE OF NOVEMBER 8, 2006 The following UDC sections are pertinent to this application: a. UDC 11-2A-5: Dimensional Standards for the R-8 District: Street Setback*** to Garage (in feet) Local 20 Street Setback*** to Living Area (in feet) Local 15 ***Measured from back of sidewalk 8. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: I. Street Sections: The original preliminary plat for the Crossfield subdivision approved by the City Council on October 4, 2005, under former Meridian City Code (MCC) Titles 11 and 12, showed local street sections with 50 feet of dedicated ACHD right-of-way and attached sidewalks (see Exhibit B). After approval ofthe preliminary plat the applicant modified the local street section throughout the subdivision to include eight foot swales at the edge of pavement and four foot detached sidewalks (see Exhibit B). This modification to the street section was prompted by high groundwater in this area. The modified street section was included in the final plat applications (FP-05-080, FP-06-025, FP-06-034) that have been submited and approved for this development. All of the approved final plats are subject to the current Unified Development Code (UDC) and building setbacks are enforced at the time of building permit submittal. The new street sections approved with the final plats measure between 52 and 54 feet of total right~of.way. 2. Setbacks: Under the current UDC, which was adopted after the Crossfield preliminary plat was approved, all setbacks in residential zones are measured from the back of sidewalk and notthe property line. Regardless ofthe fact that the preliminary plat was approved under the old zoning ordinance, all of the homes constructed would be subject to the current method of measuring setbacks (from back of sidewalk), because building setbacks are enforced during building permit review. In most cases this change would not have significantly affected a subdivision, but because the street section was changed in this subdivision to include swales and detached sidewalks, the front setback from the Rtreet waR eRRential1y increased by four or five feet from the original preliminary plat. After carefully considering this situation staff believes that persons who develop residential subdivisions under the Unified Development Code have a reasonable expectation of how the front (street) setbacks will be measured, and can configure the buildable lots accordingly on the preliminary plat. As described above the preliminary plat for the subject subdivision was approved under a previous development code, and the method of measuring setbacks has changed upon adoption of the current UDC. This change in measurement, combined with the applicant's need to include roadside swales created a unique situation where a site constraint and change in city standards significantly affected the applicant's proposed lot/building design. Due to this, staff believes that the applicant's request to reduce the setback for porches and side loaded garages to ten feet from the back of sidewalk is reasonable. The applicant's requested setback reduction will not necessarily change the required distance between the edge of the street and any structure because of the inclusion of the eight foot drainage swa1e. If you add up the proposed ten foot setback, eight foot swale and four foot detached sidewalk, there will be approximately 22 feet of separation between the edge of the street and any structure. This separation is consistent with what was approved at the preliminary plat stage for this development (under MCC). Crossfield Sub Setback Variance V AR-06-023 PAGE 3 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF NOVEMBER 8, 2006 3. Building Type and Design: It is important to note that the applicant is only requesting a variance to the front setback for porches and side loaded garages. This request is based largely on the applicant's desire to create a streetscape that is less garage oriented, and encourage the construction of porches and side-loaded garages throughout the development. The applicant realized that the addition of eight foot drainage swales, and change in setback measurement required by the current UDC, would significantly impact the types of homes that could be built in the development. In an attempt to comply as much as possible with the current UDC the applicant only requested this variance for porches and side loaded garages. This limitation on the variance ensures that any future homes in this subdivision that do not incorporate these more pedestrian oriented design features will be subject to the standard setback regulations ofthe R-8 zone. Staff believes it is important to note that pedestrian friendly design is something that is addressed in the current UDC. The Traditional Neighborhood Residential (TN-R) zoning district was designed to promote pedestrian friendly development similar to that proposed in the Crossfield Subdivision. The TNR district allows for a ten foot front setback to living area similar to what is proposed in this variance application. Unfortunately this zoning designation was not available at the time the applicant submitted the original preliminary plat for this project. b. Summary Recommendation: Staff is recommending approval of the subject VariaDce application (V AR-06-023) which reduces the required front setback for porches aDd side loaded garages only to ten feet (measured from the back of sidewalk) for all phases of the Crossfield Subdivision (living space and street facing garages shall be required to meet the standard setbacks of the R-8 zone as established in the UDC). Staff fmds that the application meets all of the findings required in the UDC in order for the City Council to grant a variance (see Exhibit C). 9. EXHffiITS A. Site Map B. Street Sections C. Required Findings from UDC (Variance) Crossfield Sub Setback Variance V AR-06-023 PAGE 4 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF NOVEMBER 8, 2006 Exhibit A: Site Map JI I_I I IJ N t UT Crossfield Subdivision Variance Application Exhibit A Page 1 CITY OF MERIDIAN PLANNING AND ZONING DEP ARTMENT STAFf REPORT FOR HEARING DATE OF NOVEMBER 8, 2006 Exhibit B: Street Sections Local street section from preliminary plat (attached sidewalks) ~~M-J~-~lil~ (0; "" a ~ .., Vi in ~\:: III . ... ~v 'i'l of " u t .... I: e !e ~ ~ i "0 0:: "l z o t3 I.LJ (f) l tw ~ w " e:::: &. I- . ii: (f) ~ z S N ~ ~ lE b on W t'1 "pj ~ ...J <( U ~; II!-- g '.~ I 1: ill "E .....J ill e ~ ~ .g -5 0...- U1 2 ~ ~ ~ ~. .s 11 :1 1) ~ 8.;:;- ~ '" u ~ of 1 " l u '0 0:: 'i'l "" 1 "tl Vi in '" ~~M-JQ-li;lij~ Crossfield Subdivision Variance Application Exhibit B Page I CITY OF MERIDIAN PLANNING AND ZONING DEP ARTMENT STAFF REPORT FOR HEARING DATE OF NOVEMBER 8, 2006 Local street section showing drainage swales and detached sidewalks ~'::;::~;=;',i'ilr " I .:!!!)I I ~;'I: I uj!:~ <!' ~ e ~ ~ -"( ,. Ul w :z: 0 f- V') I,u ---.J m m w c.l... ~ :-;,;,:,;.::;::;.;,;.:-::;:;~ Crossfield Subdivision Variance Application Exhibit B Page 2 -~D:p ^,?t i> "0- ,t{J () <7 "" .1) ,,:Jl?o- ;.. 1,01> <> b .;.J'J,:.! ~ ~"Qt, O"Qt,<J &<:> ,~.q:<; , B () .1:>,0) () ~ "" "'--1) 17,; .1) 1?"'~<t<:>9.'\l"l::: J)dl"I>.;,~~^,Q . <J -0. "~:<"b ~"eJ 0 ~ Q,(] "0" '. 0'" ~ 19q~ <:> 'I 00<:) - "~:?\"G"I> ..':4'.:'~.~\l i "<, "'" 4. . ~ . ~ ,~.'1t~ L~ "'(I M _ 0. 0 4.. '\> bc/", . ----; r DO l::! <:l ....~,_ ~ Q~ ~ .:: 0 j~ , o. ~ ~ U' \J i 11 " C}" ~ aQ.. 0(/ <1 ,,-:.. 0 i~ 'I.J Q \:)Q" _ ."" ~ . 7 ~ U'<J ;;~. . - o<2:J.rr(/ <T -Gl,.(j b~~: "")r 0", . .'''''o_~~. i cI'<J t".: 0" ~ ~ <1 ': ~ t!Q _D ~"?-~~%q ~ ,,- ~ </'v ~\;" .,~.... h 6 . -0 C:,,,,,I:':l'~"'" .l'~; '~O~""&d'O ~<- f) V~6f<)?to . f~:': _' ~ 0('- -&">> ~ I:> ".~~.,~~... ~ eVOv .0 <;j~"" <=/_, 'f)~0 ~'" """ (j~ Q '> ~ ~; .! d I ds II 3 <, ~ ~ U1 LLl :z: o f- (/) W ---.J OJ m W 0_ .=- := ;.: i'i ~~ lll~ '" CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF NOVEMBER 8, 2006 Exhibit C: Required Findings from UDC (Variance) The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in Section 11-5B-4.E 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: Staff fmds that persons who develop residential subdivisions under the Unified Development Code have a reasonable expectation of how the front (street) setbacks will be measured, and can configure the buildable lots accordingly on the preliminary plat. As described in Section 8 of this report, the preliminary plat for the subject subdivision was approved under a previous development code and the method of measuring setbacks has changed upon adoption of the current UDC. This change in measurement combined with the applicant's need to include roadside swales created a unique situation where a site constraint and change in city standards significantly affected the applicant's ability to site homes on the platted lots as envisioned with the preliminary plat. Due to this, staff finds that applicant's request to reduce the setback for porches and side loaded garages to ten feet from the back of sidewalk is reasonable. Staff also finds that the proposed setback reduction will not fundamentally change the distance between the edge of the street and the structures and therefore is not a special privilege that is not otherwise allowed in the district. B. The variance relieves an undue hardship because of characteristics of the site; Staff finds that the combination of the high groundwater on the subject property which required the applicant to include roadside drainage swales and, the change in setback measurement that resulted from the adoption ofthe Unified Development Code (UDC), is an undue hardship resulting from the characteristics of the site. Staff finds that the granting of the variance shall relieve this undue hardship. C. The variance shall not be detrimental to the public health, safety, and welfare. Staff finds that reducing the required front setback for parches and side loaded garages to ten feet measured from the back of sidewalk will not be detrimental to the public health, safety, and/or welfare. Crossfield Subdivision Variance Application Exhibit C Page 1