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Home My WebLink AboutStaff Comments CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19,2007 SUBJECT: Mayor & City Council Amanda Hess, Associate City Planner (208) 884-5533 Bienville Square Promenade Landscaping .i ..........., /' 'm: fl' .~ I..JVLmidz:n't \ IIJ.M-IO ~I"' .~ STAFF REPORT Hearing Date: 6/19/2007 TO: FROM: . File No. V AR-07-012 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 Reddiff Development 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Reddiff Development, 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) 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-07-012) 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.) 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-07-012, 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- 07-012, 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-07-012, to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance) Bienville Square~ VAR-07-012 Page I 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 U stick Road and Eagle Road 2935 N. Eagle Road Township 3N, Range IE, Section 5 b. Owner: Mason Creek, LLC 2060 S. Eagle Road Meridian, ill 83642 c. Applicant: Reddiff Development 3451 Copper Point Drive, Ste. 106 Meridian, ill 83642 d. Representative: Rob Haggett, ReddiffDevelopment e. Present Zoning: C-G (General Retail and Service Commercial), R-15 (Medium-High Density Residential), and R-8 (Medium Density Residential) f. Present Comprehensive Plan Designation: Mixed Use - Regional g. Description of Applicant's Request: The Applicant 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) 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 weeds 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 II-SA-I), a public hearing is required before the City Council on 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 BienviIle Square - V AR.07-012 Page 2 CITY OF MERIDIAN PLANNING DEP ARTMENT 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 (Sadie Creek Subdivision), zoned C-G 2. West: Residential (Carol's Subdivisions No.2), zoned R1 (Ada County) and R-2 (City of Meridian) 3. South: Residential (Carol's Subdivision), zoned Rl (Ada County) and R-2 (City of Meridian) 4. East: Commercial, zoned C-G d. History of Previous Actions: On February April 18, 2006, Bienville Square Subdivision was granted Annexation and Zoning (AZ-05-057) approval for 18.43 acres from RUT and R1 (Ada County) to R-8 (Medium Density Residential), R-15 (Medium High Density Residential) and C-G (General Retail and Service Commercial). Council also approved the rezoning of 10.05 acres of C-G to R-8 and R-15 (RZ-05-019). Preliminary Plat (PP-05-053) approval was also granted for 54 single family residential lots, 22 multi. family residential lots, 14 common lots, and 7 commercial lots on 27.30 acres. And a Conditional Use Permit was approved for a mixed-use development to be located within 300-feet of a residential district. 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-aI-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-of-way. The subject variance application proposes to reduce width of the landscaping buffer along Eagle Road for Bienville Square 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 U stick Road / Sadie Creek Location of water: Extension of mains in U stick Road / Sadie Creek 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 one irrigation / drainage ditch that bisects the subdivision and one that runs along the south boundary of the subdivision. BienviIle Square - V AR-07-012 Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19,2007 5. Hazards: N/A 6. Size of Property: ~28.5 acres f. Landscaping: Per the Future Land Use Map, Eagle Road is designated as an "Entryway Corridor" 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 ll-5B-4E of the UDC to review the variance request. In order to grant a variance, the Council shall make the following fmdings: 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 fmds 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 a 5-foot pathway within the 20-foot wide landscape buffer. However, the Applicant must construct a 10-foot pathway on~site. This will reduce 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 subj ect 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: Bienville Square - V AR-07-0I2 Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19,2007 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). 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 10-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 ll-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 of the UDC and the Eagle Road Corridor Study, with the exception that all trees be planted within the subdivision's required 20-foot wide buffer and not within the ROW landscaping, as depicted. 10. EXHmITS A. Maps 1. Vicinity Map 2. Landscape Plan BienvilIe Square - V AR-07-0I2 Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19,2007 Exhibit A.l - Vicinity Map - ~ ~ ~ ...J \ ~ ~~ --\'t ....... ,/j T 11 AL~' U~ ,,? / T ~ ~-t~ \ 111111-...1 ~_ !t I I I = =v ~ - -"" I.... 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