HomeMy WebLinkAboutCentre Pointe Landscape Variance - VAR-07-003
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CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
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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 W.H. Moore, Co.
Case No(s). V AR-07-003
For the City Council Hearing Date of: March 6, 2007
(Findings on the March 20, 2007, Council agenda)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of March 6, 2007,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of March 6, 2007,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of March
6, 2007, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of March 6,2007, 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. 967-6503).
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 9
11-5A.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). V AR-07-003
PAGE loB
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 March 6, 2007, incorporated by reference.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code 9 II-SA 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 of ITD right-of-way towards the
required 35-foot wide landscape buffer along Eagle Road is hereby approved; and,
2. The Applicant shall be required to comply with the provisions listed in Section 9 of the
Staff Report for the hearing date of March 6,2007.
D. Attached: Staff Report for the hearing date of March 6,2007
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). V AR-07-003
PAGE 2 oB
'7 /"; ~
?-V day of
COUNCIL MEMBER DAVID ZAREMBA
COUNCIL MEMBER JOE BORTON
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED~
VOTED~
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED
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William G. Berg, Jr., City ler -y T~;:.:L1 I') ~
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Copy served upon Applicant, The//l?~~W~Il~Irlent, Public Works Department and City
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Attorney. //11/11111\1\\'
By:
yh CVl r0 6v\;~l.-+e~
City Clerk
Dated:
03-27--01
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). V AR-07-003
PAGE 3 oB
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6,2006
STAFF REPORT
Hearing Date: 3/6/2007
TO:
FROM:
Mayor & City Council
Amanda Hess, Associate City Planner
(208) 884-5533
SUBJECT:
Centre Pointe North Landscape Variance
. File No. V AR-07-003
Variance request to UDC Table 11-2B-3 and UDC 11-3B-7C2 to use a
portion of ITD right-of-way towards the 35-foot wide landscape buffer
requirement adjacent to Eagle Road, 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 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 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-of-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 (V AR-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 more details.) On March 6. 2007. the Citv Council
annroved the subiect annlication.
a. Summarv of City Council Public Hearing
i. In favor: Jona!han._~~~~jb.J!plicant's Reoresentative)
11. In oooosition: None
111. Commenting:: None
iv. Written testimonv: None
v. Staff oresentinl! aoolication: Anna Canninl!
vi. Other StafLQ.Qmmentinl! on aoolic.atiQn: None
b. Kev Issues of Discussion bv Council
i. None
c. Kev Conncil ChanfJes to Staff Recommendation
i. None
3. PROPOSED MOTION (to be considered after the public hearing)
Approval
After considering all Staff, Applicant, and public testimony, I move to approve File Number
V AR-07-003, as presented in Staff Report for the hearing date of March 6, 2007, and direct
P1arming Staff to prepare findings for approval based on tonight's hearing, with the following
changes: (insert any changes here)
Centre Pointe Landscape Variance - V AR-07-003
Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6,2006
Denial
After considering all Staff, Applicant, and public testimony, I move to deny File Number V AR-
07-003, and direct Legal Staff to prepare the appropriate findings document for denial. (You
should state why you are denying the request.)
Continuance
I move to continue File Number V AR-07-003, 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 corner of Us tick Road and Eagle Road; Township 4N, Range IE, Section 32
b. Owner:
W. H. Moore, Co.
1940 Bonito Way # 160
Meridian, II) 83642
c. Applicant:
Jonathan Seel
1940 Bonito Way # 160
Meridian, II) 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
llp2B-3 and UDC 11-3Bp7C2, 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; the remaining 15+ feet to
be landscaped within the right-of-way.
h. Applicant's Statement/Justification: As Exhibit A shows, once we complete ITD'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 for 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 ofthe 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
11-5A-I), a public hearing is required before the City Council on this matter.
Centre Pointe Landscape Variance - V AR-07-003
Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6,2006
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 improvement store, several
single-family homes, plaIUled retail stores, and other planned commercial and office uses in
the area
c. Adjacent Land Use and Zoning:
1. North: Residential, zoned RUT (Ada County) and A-I & N -OD (City of Boise)
2. West: Champion Park Subdivisions Nos. 3 & 5, zoned R-8
3. South: Centre Pointe Subdivision, zoned C-G
4. East: Smitchger Subdivision, zoned C-G
d. History of Previous Actions:
The majority of this site was aIUlexed into the City in 2004 (Blue Marlin - AZ-03-025). A
smaller piece of Centre Pointe was recently annexed into the City (Nesmith - AZ~05-065).
The proposed subdivision does not include 8.33 acres previously approved for a KoW'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 aIUlexation 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 KoW's Department Store,
G.!. Joes Sporting Goods, and Retail Buildings "B" and "I" as identified on the Master Site
Plan.
In October of 2006, the Applicant was granted approval to modify the existing DA (MI-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 Plan 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
(V AR-05-02l). 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 (V AR-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.
Centre Pointe Landscape Variance - V AR -07 -003
Page 3
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2006
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 for V AR-06-013.
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer: Extension of mains in Centre Pointe NO.1
Location of water: Extension of mains 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
5. 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 fmds 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 ~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 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).
Centre Pointe Landscape Variance - V AR-07-003
Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2006
The Council 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, the
Council finds that a special privilege will not be granted to the Applicant.
NOTE: The UDC requires a lO-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 landscaped (green) 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 sutplus right-of-way adjacent to this site after ITD completes
the Eagle Road improvements, the Council recommends approval of the subject variance.
c. The variance shall not be detrimental to the public health, safety, and welfare.
The Council 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 (sutplus 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.
The Meridian Citv Council heard the item on March 6. 2007. At the Dublic hearinl! the Council
moved to aDDrove the subiect aDDlication.
10. EXHmITS
A. Maps
1. Vicinity Map
2. Landscape Plan
Centre Pointe Landscape Variance ~ V AR-07-003
Page 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2006
Exhibit A-I - Vicinity Map
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2006
Exhibit A-2 - Landscape Plan (dated November 6,2006)
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