HomeMy WebLinkAboutStaff Comments
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF APRIL 10,2007
SUBJECT:
Sond Subdivision
1
~;;di~\
\" liMBO C
" ~ -I~:i- I. EIVEl
APR 0 5 2007
STAFF REPORT
TO:
FROM:
Hearing Date: April 1 0, 2007
Mayor and City Council
Justin Lucas, Associate City Planner
(208) 884~5533
· MFP-07-002 C't
~ 3' Of Meridian
Request to modify [mal plat site specific condition #12, to allow for twPlty Clerk Office
existing homes to temporarily encroach into the required setbacks, and site
specific condition #13 to modify the requirement for the existing homes to
pay assessment fees and hook up to city services (sewer and water).
. V AR-07-004
Request for a variance to UDC 11-2A-5 to temporarily allow the two existing
homes to encroach into the required R-4 setbacks.
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant is requesting to modify two approved final plat site specific requirements for Sond
Subdivision (FP-06-008) to allow for two existing residences on this site to temporarily remain where
. they are currently located while the applicant builds two new homes on different lots within the
subdivision. Currently the final plat site specific requirements numbers 12 and 13 will not allow the City
Engineer to sign the plat for this subdivision until all buildings that do not meet setback requirements are
removed. The two existing homes on this property do not meet the R-4 setbacks and actually encroach
into proposed lots, The applicant is also required to pay for assessment fees and hook up costs to city
services for any existing building that are to remain.
As mentioned above the applicant is requesting to modify both of these conditions to allow for the two
existing houses on this site to temporarily remain in their current locations and not pay assessment fees or
hook up to city services for these two homes. Associated with these requested modifications to the
approved [mal plat, the applicant is also requesting a variance to temporarily allow the two existing
homes to encroach into the required setbacks of the R-4 zone. The applicant has stated that these requests
are only temporary in nature and that once they are able to construct new homes on other lots within this
subdivision that the existing homes will be completely removed as required. At this time the applicant is
unable to begin construction on the new homes because the plat has not recorded (City Engineer is unable
to sign the final plat until the issues with the existing homes are resolved).
2. SUMMARY RECOMMENDATION
Staff is recommending denial ofthe subject request to modify the Final Plat (MFP-07-002) and
Variance application (V AR-07-004) for the reasons listed herein. Staff finds that the application
does not meet aU of the findings required in the UDC for the City Council to grant the applicant's
request See Exhibit D for the required variance findings.
3. PROPOSED MOTION (to be considered after the public hearing)
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers MFP-
07 -002 and V AR -07 -004 as presented in the staff report for the hearing of April 10, 2007. (you
should state specific reasons for denial.)
Approval
Sand Subdivision MFP-07-002 and V AR-07-004
PAGE 1
CITY OF MERIDIAN PLANNING AND ZONING DEP ARTMENT STAFF REPORT FOR HEARING DATE OF APRIL 10,2007
After considering all staff, applicant and public testimony, I move to approve File Numbers MFP-
07-002 and V AR-07-004 as presented during the public hearing on April 10, 2007, for the
following reasons. I further move to direct Planning Staff to prepare findings for approval of
V AR-07.004.
Continuance
After considering all staff, applicant and public testimony, I move to continue File Number
MFP-07~002 and V AR-07-004 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:
1155 and 1123 N. Black Cat RoadlWest ofN. Black Cat Road, and south of Cherry Lane
b. Owner
Dimension Properties
13125 Persimmon Lane
Boise, ill 83713
c. Applicant:
Same as owner
d. Representative: Van Elg, The Land Group
e. Present Zoning: R-4 and R-2
f, Present Comprehensive Plan Designation: Low Density Residential
g. Description of Applicant's Request:
h. Applicant's Statement/Justification: "We sincerely request the City Council allow these
owners to press forward with the recordation of their [mal plat by granting these minor
adjustments/windows of opportunity to the Final Plat Site Specific Requirements and by
granting temporary variance approval." (see applicants narrative attached as Exhibit C)
4. PROCESS FACTS
a. The subject application will in fact constitute modification to the [mal plat. By reason of the
provisions of the Meridian City Code Title 11, Chapter 5,the City Council is the decision
making body on this matter.
b. 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 lI-
SA-I), a public hearing is required before the City Council on this matter.
b. Newspaper notifications published on: March 19th and April2nd, 2007
c. Radius notices mailed to properties within 300 feet on: March 16th, 2007
d. Applicant posted notice on site by: March 31 S\ 2007
5. LAND USE
a. Existing Land Use(s): Being developed as a residential subdivision. All structures excluding
the two existing homes have been or will be removed from the site.
b, Description of Character of Surrounding Area: Agricultural land and rural residences to the
north, south and west; existing residential subdivision in the RA zone to the east.
Sand Subdivision MFP-07-002 and V AR-07-004
PAGE 2
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF APRIL 10,2007
c. Adjacent Land Use and Zoning
1. North: Rural residence, zoned R-2.
2. East: Castlebrook Subdivision, zoned R-4.
3. South: Vacant land and rural residences, zoned RUT (Ada County)
4, West: Vacant land and rural residences, zoned RUT (Ada County)
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 and preliminary plat, (AZ-05-043, PP-05-045), These applications were approved by
the City Council on March 14, 2005, After receiving the initial approval the applicant
subsequently filed one final plat application which was approved by the City Council (FP-06-
008) on March 14, 2006. All of the previous approvals on this site contained the requirement
to remove or relocate any existing structures that do not meet the setback requirements.
6. AGENCY COMMENTS MEETING
No agency comment meeting was held specifically for this Modification to the Final Plat and Variance
applications. 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. Only the Fire Department submitted
comments which can be found in Exhibit B
7. UNIFIED DEVELOPMENT CODE
The following UDC sections are pertinent to these applications:
a, UDC 11-2A-5: Dimensional Standards for the R-4 District:
Rear setback (in feet)
15
Interior side setback (in feet)
5
8. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation:
After a careful review of the applicants request staff is recommending denial of the subj ect
applications. Staff believes the main issue is the request to reduce the standard setback
requirements for the R-4 zone. Staffs analysis is described below.
Setback Requirements: The variance request and modification to site specific condition #12
of the approved final plat both relate to the required setbacks within the R-4 zone. The
applicant has requested that the existing homes be allowed to temporarily encroach into the
required side and rear setbacks, and a portion ofthe street landscape buffer, for some ofthe
lots that are proposed to be created with the Sond Subdivision (see Exhibit A), In general a
variation to the standard setback requirements must meet the following findings:
1. The variance shall not grant a right or special privilege that is not otherwise allowed in the
district;
2. The variance relieves an undue hardship because of characteristics of the site; and
3. The variance shall not be detrimental to the public health, safety, and welfare.
Sand Subdivision MFP-07-002 and V AR-07-004
PAGE 3
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF APRIL 10,2007
After reviewing the applicants proposal staff was unable to make the above mentioned
findings. More specifically staff believes that this variance and final plat modification request
is the result of a self imposed hardship that could have been avoided if staff and the city had
been made aware of these issues earlier in the platting process. The condition to remove any
structures that would not meet the required setbacks was included in both the preliminary and
final plat and is a standard condition that is included for any project that has existing
structures. Therefore, staff does not believe that the plat conditions are unreasonable or that the
temporary variance is necessary.
Staff believes that another option the applicant has is to amend the final plat to make the lots
that contain bigger, so that no setback variance is necessary and the existing final plat
conditions are complied with. If the applicant were to choose this option the revised plat
would need to be reviewed by city staff to ensure that all of the other dimensional standards
are met. NOTE: There would still be a small portion of the Sonderegger residence that
encroaches into the landscape buffer along Black Cat Road.
City Services: Unlike the setback requirements staff does believe that there may be some
flexibility with regards to the paying of assessment fees and requirement to hook up to city
services as requested by the modification to site specific condition #13. Yet, because staff is
recommending denial ofthe variance request staff does not see a reason to modify this
condition.
Summary: Staff recognizes that this is a unique situation, and only a temporary request by the
applicant to be able to use the existing homes while they build new homes on other lots with in
the subdivision. If after public testimony and the applicant's proposal the City Council decides
to grant the request of the applicant, staff believes that the following issues would need to be
addressed:
· Restricting the number of building permits released on the site to two until
the existing homes are removed;
· Setting a one year time limit for the complete removal of the existing homes
and any other buildings that span across property lines;
. Not dedicating Public Utility, Drainage and Irrigation Easements on the lot
lines being spanned by the existing homes, then prior to the release of the
remaining building lots, submitting a recorded document showing the
remaining easements being dedicated;
. Requiring surety for the removal of the wells and septic systems, and
requiring that they be removed prior to issuance of the remaining building
permits;
. Allowing for the applicants to occupy the two new homes prior to the
completion of all ofthe required landscaping for the subdivision (which can
not be completed until the old homes are removed) but restricting the
occupancy of any more homes until the required landscaping improvements
are complete;
. Requiring the applicant to post a surety for the removal ofthe old homes.
b. Summary Recommendation: Staff is recommending denial of the subject Final Plat
Modification (MFP-07-002) and Variance (V AR-07-004) request. Staff finds that the
application does not meet the findings required in the UDC in order for the City Council to
grant a variance (see Exhibit D).
Sand Subdivision MFP-07-002 and V AR-07-004
PAGE 4
CITY OF MERIDIAN PLANNING AND ZONING DEP ARTMENT STAFF REPORT FOR HEARING DATE OF APRIL 10,2007
9. EXHffiITS
A. Drawings
1. Construction Plans/Plat
2. Existing Sonderegger Residence
3. Existing Burt Residence
B. Fire Department Comments
C, Applicant's Narrative
D. Required Findings from UDC (Variance Only)
Sand Subdivision MFP-07-002 and V AR-07-004
PAGE 5
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF APRIL 10, 2007
Exhibit A: Drawings
1. Construction Plan/Plat
~~.'"'-".(."') """O""""""."'~""lS",.IS~'" ~~ . --[18'
..J!I!!.) ~ It.HII""~[]ldpu[n s....a.(gA.Jns 15l,oIil'QUIe.k,.I:3 .... 0 l-d
:0;'" ~- 'V'd 'S3.LV~V QNV 5'lONV""OIol ' .._"~_.
JI!V ..~
;;.;;)0 NV..,d NOI.L::Jnl;;l.LSNOO ,,,,nl..d30NO::- = ,. , - l'~ll1:~(loro
~teJ N,OSI^'OanS 3NO...1.SNnS ~~_ ~~I~~~J1 _III'
~
~
~L
I;.'
~.~-jj
, --!.
-l ..
i! 21i!j!
!< i;!-'
{.
.
~
~
B
o
<
o
<
::i
~
i
z-
Q~
CIl"
::;1'".1
~~II
:>~~
~*~
~~!
~~
:>w
CIl~
"
a
z
Q
>-
<
~
<
;
o
w
~
2
;;
Iii!
~"I /
a'~'d~ ~!.f ~!
c: . I li-
I/'I
- ___....J......__~_.
.-
. .
1
I ;
II ;;9 "'l~l'
. -; f~hul
; I i 0 ~a~::~
ffil ,i -- - " - - - - ir0j'~~:~ '. '
II) .~; ';jo' . ~:J
t'. s.. ..... I "
F! ... ~.~ ~,'
~__,~"_n -,- _.-1
1~1.\.1 /~ :96 lim
~. ~ :I ~
~I--~--~u~~o_,
l~ .//J
IIA~
l-f' - L_u' .~ -- -- --
'\1- ~~
Iii _____~__.!OO
f / ~
I' / ~-
~/~<!
.~~..~_..
Iii
)' !:
.. -~ I "~i '~i.
\. So '01 r
/__~nl-~ ! -~1
I' "
. I . \1
I :~, ~I
; \ 95\ J
· n-!-i,~. ---~,;- !\'ll:
,: i ~.., J
T----,~----I- l'
. .~ ,I .
. s. . J"
, ; ~ ,lk}~L,
---,----,-- ~,.~;:,
. '.... 'I
... .. ;!I.'f i;
. .;;~ \Ij....' .'
; ; i -'~ r ~~: // / /
-ii" \ \" i!f~' !,!.
I." "',.. , .
.II~__~"__U ',(
'\\ ;~., ::i';
::~, t"! '</"-
,9t_) F/7~L~' i~'!~
..'--" -" .~..-;:,~ ~.J.iit 'f!~
.O'#i.~- ~....~-.' "'I/~"
.!ri~'
"
;j
I'll
I:'
t:
~ <,
Sand Subdivision MFP-07-002 and V AR-07-004
Exhibit A Page I
-----1------
a 1!:l1
T~';ii
=t-
f-l--i
; "I J~
I I .,
I_~ I'
I ~ ,.
I W'h
1= ~ ~
v, ~ - - . ~
!'j !i
_____J______
v.
...
~r "",,'
~ ;
! I ! ·
n 5. i ;h
I ~ ! a II I~ IH n
i !. I J I ~ II
11/
j i j
!
IIdqllid!~
h~di Ihh
J [I I II
'I I
~.u. :! i i !
1'1 I '
S I I I
<
o
i
'"
~
0:
~
II i:~ ~
I'Wi
h"
I il,i
"
..
~
'0.
~
q'
~ 11'
, '
, '.
2.
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF APRIL 10,2007
2. Existing Sonderegger Residence
.9
1-\Ii:l\tl~
I-
et
<:(
D-
<:(
t-
o
2:
b
N
~I
ii.i
....l
(3
en
<0
i-- "I")
,...; ,...;
..-
~~
...,.
Sand Subdivision MFP-07-002 and V AR-07-004
Exhibit A Page 2
G\ ,1'VJ >lJVl8'N
0,
,...;
Co
...;
io
I ,.;
~
~
:z:
w
o
Vi
W
0::
~
Cl
W
0::
W
Q
~
Cl
%
1=
en
x
w
3nN3A'V 'V!Nnd 'N
b
~
L-
i~
9
aJ
'"
Cl
~
o
::::!"
w
a::
w
co
~
W
0::
~
U
=>
~
en
>-
a:::
o
en
en
W
<.)
U
<(
Cl
:z:
i=
en
5<'
w
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF APRIL 10,2007
3, Existing Burt Residence
~-~---~------
;{t4i~~X;j
I
V
I
w
>
cc
0
~
w
3: in
l2 I"'i
10
>- T
w
II:
Cl
~ r...
I"'i
o
N
J'
..-
Iii
...J
<(
()
C/)
io
ui
1
I
o
"'f
It)
c"
..;
1
""
en
~
~
z
w
o
f3
lr
I-
lr
::J
a:l
<:>
z
F:
Vl
B
--I
~.
--+----1
~
<0 3nN3AV 3^00 'ViSA"".N
Sand Subdivision MFP-07-002 and V AR-07.004
Exhibit A Page 3
<:>>-QO
za:::~~
e;~VlO
B~~~
<ow
::Jill
~
Vl
--l
'"
~
CITY OF MERIDIAN PLANNING AND ZONING DEP ARTMENT STAFF REPORT FOR HEARING DATE OF APRIL 10, 2007
Exhibit B: Fire Department Comments
I. Building setbacks shall be per the International Building Code for one and two story construction.
Sand Subdivision MFP.07-002 and V AR-07-004
Exhibit B Page 1
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF APRIL 10,2007
Exhibit C: Applicant's Narrative
Sond Subdivision
Applic:ation Narrative and Request
Sond Subdivision (known as Sunstone Subdivision during the hearing process), is near completion_
Unfortunately, during this process, a detail was apparently overlooked that now causes the owners a significant
problem in their ability to record the final plat. Approval by City Council is required in order to proceed. Site
Specific Requirements # 12 and # 13 are the subject of this final plat modification application and the
accompanying variance request.
Site Specific Requirement #12 requires the following:
"Remove any buildings that do not meet setback requirements, prior to
signature on the plat by the City Engineer. ..
Site Specific Requirement #13 requires the following:
<<If any 0/ the existing buildings are to remain, the applicant shall be responsible/or the
payment 0/ assessments and the actuol physical hook-up to City services. ..
As noted in the original documentation, two dwellings (along with a few sheds, etc.) exist on the property. There
was discussion at the beginning of the project to incorporate the existing homes into the subdivision; however, it
was ultimately decided that both homes must be removed in order to make the project viable. Their intent was to
construct their two new homes within the development and then remove the two existing homes. The requirement
to remove the homes, pay the assessment, and connection to City Services, prior to recordation of the final plat, is
causing the owners significant difficulty~as they currently reside on site. Again, their desire is to be able to
construct their new homes aDd then remove the existing homes.
Final Plat Modif1catioD (Site SpeeUie Requirements)
With respect to the modifications ofthe Site Specific requirements, we ask City Council to approve a couple of
minor/temporary modifications so that we can proceed with the recordation ofthe Final Plat:
1. Modify Site Specific Requirement # 12. to provide a reasonable window of opportunity, by allowing
the owners to reside in their two existing residences (temporarily), record the final plat, complete
construction of the two replacement residences, and then remove the existing residences from the site.
Potential solutions may include initiating a 1 year time frame for removal (from date of final plat
recordation) and/or the placement of building pennit restrictions on all ofthe affected lots~until such
time as the homes are removed and the landscaping complete. Note: that General Requirement #3
requires a surety for all uncompleted landscaping. We wish to point out that Lots] (common) & 4
(buildable), Block 1 will require a surety for uncompleted landscaping on Lot I-since the
landscaping will be cannot be completed until the existing home is removed. This is added incentive
to complete the removal.
2. Modify Site Specific Requirement # 13 to provide an appropriate window of opportunity for the
completion ofthe new homes and removal of the existing residences prior to requiring payment of the
assessment and connection to public services (which would be temporary), The owner is committed
to removing all existing dwellings and accessory structures as required. In fact, we understand that
the accessory structures may be removed by the time Council hears this request. We ask that the
timing of this requirement be modified to allow for a similar window of opportunity (as described
above).
Variance Reauest:
Sand Subdivision MFP-07-002 and V AR-07-004
Exhibit C Page]
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF APRIL 10, 2007
Along with the modification to the site specific requirements, staff has indicated that a Variance request would be
the best approach for consideration/action by Council regarding consideration of the related set back issues. Due
to the location of the existing/temporary residences and accessory structures, in relation to the lot Jines shown on
the final Plat, the structures clearly do not comply with the set back requirements of the R.4 zone (see attached
Exhibits and references to Lot 4, Block I-north side of project, and Lots 3 & 4, Block 3-south side of project).
A temporary (not permanent) variance is essential. Again, approval of this variance will be temporary in nattlre-
allowing the owners to record the final plat, construct their new homes, and then remove the existing homes.
Once the homes are removed, they will be able to complete construct the remainder of the landscaping (supported
by a surety) and remove possible building permit/deed restrictions for the three affected lots (see Lot 3, Block 3;
Lot 4, Block 3, and Lot 4, Block I). Obviously for a development of this size, the temporary loss of three
building lots has a significant impact-and the owners have significant interest in proceeding as expeditiously as
possible.
In addition to our comments, staff asked that we provide some statements regarding the required Variance
application:
I. In the view of the circumstances and ultimate outcome, we don't believe the variance grants a special
right or privilege, rather, the owner understands and agrees that the dwellings will be considered very
temporary and must be removed (per instructions) in order to proceed with their development plans
on the property.
2. Due to the lot line configurations of the final plat, the existing residences must be removed and/or a
temporary variance approved (as requested) in order for final platting to proceed. It will be a
significant hardship (and waste of resources) for the owners to have to move just to record the plat-
when they plan to move right back to the subdivision a short time later.
3. The owners agree to connect all residences to public services. We believe that a temporary window
of opportunity for the connection or removal of the existing residences, and allowing the final plat to
proceed/record will not be detrimental to the public health, safety or welfare. See also Site Specific
Requirement # 13. It should also be noted that with the recordation ofthe final plat, an existing access
drive to Black Cat road will be eliminated because the existing home on Lot 4, Block I will be able
to take internal access-improving the overall safety of the roads.
We sincerely request that the City Council allow these owners to press forward with the recordation of their final
plat by granting these minor adjustments/windows of opportunity to the final Plat Site Specific Requirements and
by granting a temporary Variance approval as noted above.
Sincerely,
The Land Group,
Van Elg
Planner
,
Landscape Architectu" . Site Planning. Civil Engineering. Got/Course Irrigation & Engineering. Graphic Communication .SIIrt)rying
462 E. Shore Drive, Stc. 100, Eagle, Idaho 83616. P 208.939.4041 F 208.939.4445. www.thelandgroupinc.com
Sand Subdivision MFP-07-002 and V AR-07-004
Exhibit C Page 2
CITY OF MERIDIAN PLANNING AND ZONING DEP ARTMENT STAFF REPORT FOR HEARING DATE OF APRIL 10,2007
Exhibit D: 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 followingfindings:
A. The variance shall not grant a right or special privilege that is not otherwise allowed
in the district:
Staff finds that the variance request would represent a special privilege that is not
otherwise allowed in the district. The removal of existing buildings that span across lot
lines or encroach into the required setbacks prior to the signature of the city engineer on
the final plat is a common condition. Staff recommends that the Commission and Council
rely on any oral or written testimony that may be provided when determining this finding.
B. The variance relieves an undue hardship because of characteristics of the site;
Staff finds that there is no physical characteristic of the site that would give reason for the
requested variance. Furthermore, staff believes that the hardship is self imposed and does
not constitute a hardship that is out of the applicants control. Staff recommends that the
Commission and Council rely on any oral or written testimony that may be provided
when determining this fmding.
C. The variance shaU not be detrimental to the public health, safety, and welfare.
Staff does not believe that the granting of the variance would be detrimental to the public
health, safety, and welfare, Staff recommends that the Commission and Council rely on
any oral or written testimony that may be provided when determining this finding.
Sand Subdivision MFP-07-002 and V AR-07-004
Exhibit D Page I