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Home My WebLink AboutStaff Comments CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19,2007 STAFF REPORT Hearing Date: 6/19/2007 SUBJECT: Mayor & City Council Amanda Hess, Associate City Planner (208) 884-5533 Sadie Creek Promenade Landscaping . File No. V AR-07-011 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 Landmark Development Group ro...U /' cow n, ;irIJ \...7VLcndi:n~ \ \ 'I ItMI-'() ~ ~ . ~ TO: FROM: 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Landmark Development Group, is requesting a variance from UDC Table ll-2B-3 and UDC 11-3B-7C2 which requires: 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-07-011) for the reasons listed herein. 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 Analysis, Section 8, of this report, for more details.) 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-07-011 , as presented in Staff Report for the hearing date of June 19, 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 Number V AR- 07-011, 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 -011, to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance) Sadie Creek Promenade - V AR-07-011 Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19,2007 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: Southwest comer of Us tick Road and Eagle Road 3055 / 3085 N. Eagle Road Township 3N, Range 1 E, Section 5 b. Owner: Sadie Creek Commons, LLC 5275 S. Durango Drive Las Vegas, NY 89113 c. Applicant: Landmark Development Group 2462 Sunshine Drive Boise, ill 83712 d. Representative: Tamara Thompson, Landmark Development Group 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 requires: 1) 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: In laying out the details of the off-site widening on Eagle Road, it has been determined that the Idaho Transportation Department (ITD) has up to 26 feet of surplus right-of-way. ITD states that their long-term plans do not call for utilizing the surplus right-of-way (ROW). We request a variance to landscape the surplus ROW, to decrease the on-site landscape setback from 35 feet to 20 feet, to clean up the gravel and weeks within the ITD ROWand enhance the entrance to the shopping center. This same variance request was approved for the Centre Pointe Subdivision in 2006. (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 pn this matter. b. Newspaper notifications published on: May 28,2007; June 11,2007 c. Radius notices mailed to properties within 300 feet on: May 25,2007 d. Applicant posted notice on site by: June 9,2007 6. LAND USE Sadie Creek Promenade - V AR-07-011 Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19,2007 a. Existing Land Use(s): Unimproved b. Description of Character of Surrounding Area: There are Kohl's Department Store, Lowe's Home Improvement Store, several single-family homes, planned retail stores, and other planned commercial and office uses in the area. c. Adjacent Land Use and Zoning: 1. North: Commercial (CentrePointe Subdivision), zoned C-G 2. West: Residential (Carol's Subdivisions No.2), zoned Rl (Ada County) and R-2 (City of Meridian) 3. South: Mixed Use (Bienville Square Subdivision), zoned C-G, R-15, R-8 4. East: Commercial, zoned C-G d. History of Previous Actions: On February 21, 2006, Sadie Creek Promenade was granted Preliminary Plat (pP-05-053) approval for 24 lots on 15.33 acres and Conditional Use (CUP-05-049) approval for 15,000 square feet of retail, restaurant, and office uses within the General Retail and Service Commercial (C-G) District. Also that evening, Council denied Sadie Creek Promenade a variance to allow a right-in / right-out access approach on Eagle Road. On August 22,2006, the Council heard and subsequently denied a variance request to allow a right-in only access approach on Eagle Road for Sadie Creek Promenade. A final plat application has not been submitted to the Planning & Zoning Department to-date. Additionally, a Development Agreement has not been entered into between the applicant and the City at this time. CentrePointe Subdivision No. 1 and CentrePointe North were granted approval, in June of 2006 and March of 2007, respectively, for counting adjacent ITD right-of-way for Eagle Road towards the landscape street buffer width. The landscaping buffer was approved at 20 feet, with 15 feet constructed within said right-oi-way. The subject variance application proposes to reduce width of the landscaping buffer along Eagle Road for Sadie Creek Promenade to 20 feet in a similar manner to that of the CentrePointe development. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Extension of mains in Ustick Road Location of water: Extension of mains in U stick Road Issues or concerns: None 2. Vegetation: Primarily vacant land. A few trees which must be retained or mitigated for. 3. Floodplain: N/A 4. Canals / Ditches / Irrigation: There is an irrigation / drainage ditch that runs along the south boundary of the subdivision. 5. Hazards: N/A 6. Size of Property: -15 acres Sadie Creek Promenade - V AR-07-011 Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19,2007 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 fmdings 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 26 feet of ITD right-of-way will also be landscaped by the Applicant. 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 finds 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 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 burdened with maintaining and enhancing the surplus right-of-way adjacent to this site after ITD completes the Eagle Road improvements, Staff recommends approval of the subject variance. c. The variance shall not be detrimental to the public health, safety, and welfare. Staff fmds 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 obtains 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). Sadie Creek Promenade - V AR-07-011 Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19,2007 2. That the Applicant be required to provide a 20-foot wide landscape buffer along the Eagle Road frontage of their property. 3. That the Applicant constructs a lO-foot wide multi-use pathway adjacent to Eagle Road. Said pathway shall be installed on the subject property, within the 20-foot wide required landscape buffer and not within ITD's right-of-way, in accordance with UDC 11.3H-4C3. 4. That, upon submittal for fInal plat signature, the Applicant depict the required 20-foot Eagle Road street buffer on the face of the plat within either an easement or a common lot, as per UDC 11-3B. 5. That all landscape materials be installed as shown in the Landscape Plan (Exhibit A~2), and be in compliance with the requirements ofthe UDC and the Eagle Road Corridor Study. 10. EXHffiITS A. Maps 1. Vicinity Map 2. Landscape Plan Sadie Creek Promenade - V AR -07-011 Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19,2007 Exhibit A-I - Vicinity Map IIIIII....! ~_ It I I 131 - V ~ _ ~ !:!: ..... - ~ ~AMPION PAri rm~ i~~t!j I j"\' om ./ ""'"~ -..... ~ ~ ~ ~~ ~ BIENVILLE SQUARE SUB ":' \ ~ /~ J~ 0, tJ ~ 'cL;~ T I \ \ ~ ~ J II I rTr'~ IIIII I \" t-- r---- I IN .J - ~ - r ~ ~ - I- ;Z,ro ~ :::;: PJ/ a.. f-- ..... r- ~ ---e '7 ~. PROVlDEN -._ CE NO 02 ~ J: !S ~ fl5 ;a ~ PROVlDEtt Ii CE NO 01 Z SMITCHG ER l s-- "-------- ~ II""ILK I:!n r ~ ..... ,~ - ~ ~ ~ - ~ ~ ~ ~ ~ Sadie Creek Promenade Subdivision ~ PERKINS BRO\MI I ~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19,2007 Exhibit A.2 - Landscape Plan iG~ I :i ~l 'NliIlOR:lEIW N\f1d 3d\fOSONYl.1V1d A~VNIWi13ijd J NOISwoens 3CMGW()ijd>a~?31CWS ..', '" ,- , '" -".,,,,~1,,,~': T -- .~ ...J