HomeMy WebLinkAboutSadie Creek Promenade VAR-07-011
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
In the Matter of Variance to UDC 11-3B-7C2 to count 15+ feet of existing right-of-way for
Eagle Road towards the landscape street buffer along an Entryway Corridor for Sadie
Creek Promenade Subdivision, by Landmark Development Group
Case No(s). V AR-07-011
For the City Council Hearing Date of: July 3, 2007
(Findings on the July 17, 2007, Council agenda)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of July 3, 2007,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of July 3,2007, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of July 3,
2007, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of July 3,2007, 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. g67-6503).
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 g
11-5A.
CITY Of MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). v AR-07-011
PAGE 1 of3
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 July 3,2007, incorporated by reference.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code S 11-5A 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 construct a 20-foot wide landscape buffer along the
Eagle Road frontage of their property, in addition to 15+ feet of landscaping with ITD's
Eagle Road right-of-way, 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 July 3,2007.
D. Attached: Staff Report for the hearing date of July 3,2007.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). v AR-07-011
PAGE 2 on
By action of the City Council at its regular meeting held on the
~..ty ,2007.
/ ? r.!:- day of
COUNCIL MEMBER KEITH BIRD
VOTED~
VOTED ~
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VOTED~
COUNCIL MEMBER DAVID ZAREMBA
COUNCIL MEMBER JOE BORTON
COUNCIL MEMBER CHARLIE ROUNTREE
TIE BREAKER
MAYOR TAMMYdeWEERD
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MA;Y';QRI A MY de WEERD
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Planmng Department
Public Works Department
V City Attorney
Dated: l-l'\-O'"
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). V AR-07-011
PAGE 3 on
CITY OF MERIDIAN PLANNING DEPARlMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3,2007
STAFF REPORT
Hearing Date: 7/3/2007
Continued From: 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
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1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The Applicant, Landmark Development Group, 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 !TD 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 !TD 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 ofthis Staff Report.
2. SUMMARY RECOMMENDATION
The City Council has final decision authority on Variance applications. Staffis recommending approval
of the subject Variance application (V AR-07-011) 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, ofthis report, for more details.)
On Julv 3.2007. the City Council heard and annroved the suhiect annlication.
a. Summary of City Council Public Hearin!!
i. In favor: I~a Thomoson (Aoolicant's ReoresentativeJ
ii. In oooosi!ion: None
iii. ~ommentim!:: None
iv. Written testimonv: None
v. "Staff oresentim! &policatiQ!r Anna Canninl!
vi. Other Sta~f._commentinl! on aoolication: ~one
b. Kev Issues of Discussion by Council
i. The fact that. while notJmvtime ~pon. ITD will eventuallv widen El;l.g!e Road and thl:;
Citv :will be left with onlv a 20-foot landscaoinl! buffer alQJll! said road at this
location, Is this in the J'lest interest of the Citv?
c. Key Council Chan!!es to Staff Recommendation
i. Non~
3. PROPOSED MOTION (to be considered after the public hearing)
Sadie Creek Promenade - V AR -07 -011
Page I
CITY OF MERIDIAN PLANNiNG DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
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 July 3, 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, as presented in Staff Report for the hearing date of July 3, 2007, 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)
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 IE, Section 5
b. Owner:
Sadie Creek Commons, LLC
5275 S. Durango Drive
Las Vegas, NV 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
Sadie Creek Promenade - V AR-07-011
Page 2
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
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
II-5A-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
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-I5, 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 150,000
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-o~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-o~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
Sadie Creek Promenade - V AR-07-011
Page 3
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
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
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 findings 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 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. 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 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;
Sadie Creek Promenade - V AR-07-011
Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3,2007
When ITD purchased the right-of-way from the subject Applicant, the Council 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, the Council recommends approval of the subject
vanance.
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 I 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 ofthe 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).
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 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
ODC 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 ODC and the Eagle Road Corridor Study.
The Meridian City Council heard the item on .Julv 3. 2007. At the nublic hearinl! the Council moved
to ann rove the subiect annlication.
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 JULY 3,2007
Exhibit A-I - Vicinity Map
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