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Home My WebLink AboutStaff Comments CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 3,2007 STAFF REPORT Hearing Date: April 3, 2007 TO: FROM: ~ U ,j"" <:TrY Of \.JYltJrlditf1t -- ~ -'~\ Mike Cole, Development Services Coordinator \~ IO;\HO r 208-898-5500 ~ Amanda Hess, Associate City Planner 208-884.5533 Mayor & City Council SUBJECT: Paramount Subdivision No. 13 Setback Vacation . V AC-07-006 Vacation of the 20-foot setbacks for Lots 4-7, and 11-13, Block 34, Paramount Subdivision No. 13 Staff has reviewed this submittal and offers the following comments: 1. APPLICANT'S REQUEST/SUMMARY The Applicant, Paramount Development, has requested the City's consent to vacate the special setbacks that are depicted on the face of the plat for Lots 4-7, and 11-13, Block 34, Paramount Subdivision #13. The preliminary plat for the Paramount development was approved concurrent with a Conditional Use Permit that allowed reduced setbacks. The Applicant now states that the Public Works requirement with the [mal plat, of 20-feet of separation between an infiltration trench and a building foundation to comply with The Department of Environmental Qualities Best Management Practice is, "a direct conflict with the CUP." They further state that this requirement "defeats the alley loaded residential concept for these lots.... requiring a 20-foot setback in the front would have a devastating impact on the aesthetics and the viability of the plat." The Applicant also states that water tables are very deep in this development and that they have not experienced raised water tables in and around ACHD facilities and, therefore, requiring this BMP is not necessary. 2. STAFF ANALYSIS The City of Meridian has required compliance with The Department of Environmental Quality's Best Management Practice (BMP) of 20-feet of separation between an infiltration trench and a building foundation for many years. In. fact, BMP # 43 states that a 20-foot setback is a minimum, with 100 feet being appropriate in certain cases. Wet crawl spaces, and the associated complaints from homeowners, were becoming more numerous, and many factors were believed to be adding to the problem. Proximity to seepage beds and other storm water facilities may have been among the factors contributing to wet crawl spaces. Other possible factors included proximity to irrigation or drainage waterways, flood irrigation, and residential irrigation practices. At that time, the City Engineer and the current Public Works Director determined that this was the lone tool at the City of Meridian's disposal to help mitigate wet crawl spaces. The requirement for a 20-foot separation has been placed consistently on other projects throughout the City. It has even been required of this Developer/Applicant and Engineer, as recently as Quenzer Commons Subdivision No.9, approved at City Council on the May 3, 2005, which also had some alley loaded product. Staff does not feel that this requirement is in direct conflict with approved CUP. Rather, setbacks are the minimum allowed distance from a building to a set point (property line or sidewalk). Standard setbacks, let alone reduced setbacks, are often not attainable due to facilities being placed along a lot line or easements being dedicated along lot lines. In. this instance, Staff is not suggesting that reduced setbacks are not Paramount Setback Vacation V AC-07-006 PAGE I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 3, 2007 approved with this project, just that the placement of infiltration trenches supersedes the approved setback for lots with seepage beds fronting them. Staff did not comment on this at the preliminary plat level because the City does not require detailed storm drainage plans at that level and, in fact, the approved preliminary plat shows no seepage beds in the subject locations. It is the Public Works Director's, City Engineer's, and Staff's conclusion that the 20-foot separation Best Management Practice is in the best interest of future residents in the City of Meridian and recommends that the City Council deny this application. 3. LOCATION AND ZONING Paramount Subdivision No. 13 is zoned R-8 and is located approximately Ih mile south of Chinden and Ih mile west of Meridian Road, in the SE ~ of Section 25, Township 4 North, Range 1 West, B.M. 4. SURROUNDING USES North - Residential, zoned R-8. South - Residential, zoned R-8 East - Residential, zoned R-8 West - Residential, zoned R-8 5. OWNER OF RECORD The owner of record of Lots 4-7 and 11-13, Block 34, Paramount Subdivision No. 13, on which the subject setbacks lie, is Paramount Development, In.c. The owner has submitted notarized consent for the subject application. 6. RECOMMENDATION The Unified Development Code 11-5A-1, requires the City Council to be the decision making body on vacations applied for in the City of Meridian. Staff recommends denial of V AC-07-006 to vacate the special setbacks platted on Lots 4-7, and 11-13, Block 34, for Paramount Subdivision No. 13. 7. EXHmITS A. Drawings 1. Vicinity Map 2. Detail of Setback Proposed to be Vacated Paramount Setback Vacation V AC-07-006 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 3, 2007 A. Drawings 1. Vicinity Map Exhibit A-I PARAMOUNT SUBDIVISION NO. 13 SCllE: 1" = 1010' ~l CHINDEN ~~~"J -0--E L VfClNITY MAP CITY OF MERIDIAN PLANNING DEP ARTMENT STAfF REPORT FOR THE HEARING DATE OF APRIL 3, 2007 2. 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