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Staff CommentsCITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE IIEARING DATE OF MARCH 6, 2006 STAFF REPORT Hearing Date: 3/6/2007 TO: Mayor & City Council FROM: Amanda Hess, Associate City Planner (208) 884-SS33 SUBJECT: Centre Pointe North Landscape Variance • File No. VAR-06-013 F~f'Rl~ C"11~ ~~, ,,~~, 3 ~~~~~ ~, ~ Iu.ti•IC,a Variance request to UDC Table 11-2B-3 and UDC 11-3B-7C2 to use a portion of ITD right-of--way towards the 3S-foot wide landscape buffer requirement adjacent to Eagle Raad, an entryway corridor, by W. H. Moore Co. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, W. H. Moore, Co., is requesting a variance from UDC Table 11-2B-3 anal UDC 11-3B- 7C2 which require: 1) 3S-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 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 and use approximately 15 feet of ITD right-off way towards the remainder width (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 of the subject Variance application (VAR-07-003) 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 Analysis, Section 8, of this report, for mare details.) 3. PROPOSED MOTION (to be considered after the public hearing) Approval After considering all Staff, Applicant, and public testimony, I move to approve k'ile Number VAR-07-003, as presented in Staff Report for the hearing date of March 6, 2007, and direct Planning Staff to prepare findings for approval based on tonight's hearing, with the following changes: (insert any changes here) Denial After considering all Staff, Applicant, and public testimony, I move to deny File Nuzxxber VAR- 07-003, and direct Legal Staff to prepare the appropriate fmdings document for denial. (You should state why you are denying the request.) Continuance I move to continue File Number VAR-07-003, to the hearing date of (insert continued hearing date here) for the fallowing reason(s): (you should state specific reason(s) for continuance) CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2006 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: Northwest corner of Ustick Road and Eagle Road; Township 4N, Range lE, Section 32 b. Owner: W. H. Moore, Co. 1940 Bonito Way #160 Meridian, ID 83642 c. Applicant: Jonathan Seel 1940 Bonito Way #160 Meridian, ID 83642 d. Representative: Jonathan Seel, W.H. Moore, Co. 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: 1) 35-foot wide landscape buffers along entryway corridors; and 2) far the entire buffer to be on a common lot or within a permanent easement. 1f approved, the variance would allow the applicant to count some of the adjacent ITD right-af--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; the remaining 15+ feet to be landscaped within the right-of--way. h. Applicant's Statement/Justification: As Exhibit A shows, once we complete 1TD's required improvements fronting Eagle Road, 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 landscapes this surplus right of way in exchange far reducing our 35 foot landscape buffer requirement to 20-feet from the Centre Pointe North's property line. Also note that on June 22, 2006, Meridian City Council approved the exact same request, a landscaping variance, for Centre Pointe Subdivision No. 1. The subject proposal is for the balance of the project, Centre Pointe 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 determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, Chapter 5, Article A (Table 11-SA-1), a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: February 12, 2007; February 26, 2007 c. Radius notices mailed to properties within 300 feet on: February 9, 2007 d. Applicant posted notice on site by: February 24, 2007 6. LAND USE a. Existing Land Use(s): Unimproved b. Description of Character of Surrounding Area: There is a home improvezxxent store, several single-family homes, planned retail stores, and other planned commercial and office uses in CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OP MARCH 6, 2006 the area c. Adjacent Land Use and Zoning: 1. North: Residential, zoned RUT (Ada County) and A-1 & N-OD (City of Boise) 2. West: Champion Park Subdivisions Nos. 3 & 5, zoned R-S 3. South: Centre Pointe Subdivision, zoned C-G 4. East: Smitchger Subdivision, zaned C-G d. History of Previous Actions: The majority of this site was annexed into the City in 2004 (Blue Marlin - AZ-03-025). A smaller piece of Centre Pointe was recently annexed into the City (Nesmith - AZ-OS-065). The proposed subdivision does not include 8.33 acres previously approved for a Kohl's Department Store, and 31.37 acres approved under Centre Pointe Subdivision (PP-06-020). The entire Centre Pointe Marketplace development (59 acres) is zoned C-G. Until recently, the recorded Development Agreement (DA) for the Centre Pointe development required CUP or PD approval for all uses on the subject site because a detailed concept/re-development plan for the site was not provided when the annexation application was processed by the City. Some of the buildings on the Master Site Plan have already received approval by the City through the CUP process, including Kohl's Department Store, G.I. Joes Sporting Goods, and Retail Buildings "B" and "l" as identified on the Master Site Plan. In October of 2006, the Applicant was granted approval to modify the existing DA (M1-06- 008) for Centre Pointe to allow the construction and commencement of principally permitted uses in the C-G zone, without CUP/PD approval. The Applicant, Winston H. Moore, submitted a Master Site Flan which defined building layout and pad locations for the development (See Exhibit A-2). The Applicant is now only required to submit Certificate of Zoning Compliance and Design Review applications prior to building construction within the Centre Pointe development. The Commission and Council should also note that, in November of 2005, the Center Pointe Marketplace development received approval for three (3) access points to/from Eagle Road (VAR-OS-021). Two are right-in /right-out only accesses and one is a full driveway access. Additionally, in June of 2006, the Applicant was granted a variance (VAR-06-013) 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. Said variance allowed the Applicant to count adjacent ITD right-of--way towards the landscape street buffer width for Centre Pointe Subdivision. The landscaping buffer was approved at 20 feet, with 15 feet constructed within said right-of- way. On February 13, 2006, City Council granted preliminary plat approval for 14 commercial lots on 18.7 acres within the C-G (General Retail and Service Commercial District) for Centre Pointe North Subdivision. Centre Pointe North is the final phase of the 59-acre Centre Pointe Marketplace development. The subject variance application proposes to reduce width of the landscaping buffer along Eagle Road for Centre Pointe North to 20 feet in a similar manner to that described above in VAR-O6-013. e. Existing Constraints and Opportunities CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2006 1. Public Works Location of sewer: Extension of mains in Centre Pointe No. 1 Location of water: Extension of rnaizls in Centre Pointe No. 1 Issues or concerns: None 2. Vegetation: Agricultural 3. Floodplain: N/A 4. Canals/Ditches Irrigation: There are a couple of irrigation/drainage ditches that bisect the property S. Hazards: N/A 6. Size of Property: 18.7 acres for Centre Pointe North Subdivision 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 placed in either a separate common lot or landscape easement. The Applicant has submitted the subject variance to allow a 20-foot wide landscape buffer on their property along Eagle Road where the remaining 15+ feet of buffer is to be located and landscaped within ITD's right-of--way. 7. AGENCY COMMENTS MEETING 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 subject application (Staff analysis in italics below section): The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in Section 11-SB-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 neat otherwise allowed in the district: The Applicant is requesting to provide a 20-foot wide landscape buffer an 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). Staff is generally supportive of this request. If the Applicant provides, at minimum, a 20-foot wide landscape buffer on their property and landscapes the surplus right-of--way, Staff fords that a special privilege will not be granted to the Applicant. NOTE: The UDC requires a 10-foot wide pathway along Eagle Road. The Applicant's landscape plan depicts this pathway within the 20-foot wide landscape buffer and not withixa ITD's right-of--way, reducing the landscaped (green) area on their property to 10 feet. b. The variance relieves an undue hardship because of characteristics of the site; CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2006 When ITD purchased the right-off=way from the subject Applicant, Staff believes that ITD envisioned Eagle Road being wider than five lanes, as currently planned far 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 ITD completes the Eagle Road improvements, Staff recomunends approval of the subject variance. c. The variance shall not be detrimental to the public health, safety, and welfare. Staff finds that allowing the landscape street buffer variance on Eagle Road will not be detrimental to the public health, safety, and/or welfare. 9. RECOMMENDATION Staff believes that the Applicant's request meets the "findings test" for granting a variance (see Section 8 above), and is recommending approval of the variance with the following provisions: 1. That the Applicant be required to provide a 20-foot wide landscape buffer easement along the Eagle Road frontage of this property. 2. That the Applicant obtain approval from the ITD to landscape the surplus right-of--way for Eagle Road adjacent to this site as shown in Exhibit A-2 (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 shall be in compliance with the requirements of the UDC. 10. EXHIBITS A. Maps 1. Vicinity Map 2. Landscape Plan CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2006 Exhibit A-1 -Vicinity Map CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FQR THE HEARING DATE OF MARCH 6, 2006 Exhibit A-2 -Landscape Plan (dated November 6, 2006) i ~ ~; ._ _ _ ~ ~ t ~~ ~ ~~~~ ~~~~~ ~ ~ ~ ~ ~ ~ ~ D ~ ~~€~~ _. ... ~f ,+ ~! ~~ ~ ~ ~~ ~ ~ ,~~ ~~ ~~ ~, ~ ~ ~. ,