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Home My WebLink AboutBienville Square VAR-07-012 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 Bienville Square Subdivision, by Redcliff Development Case No(s). V AR-07-012 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. 967-6503). 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 9 11-5A. CITY OF MERIDIAN FiNDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). V AR-07-012 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 subj ect 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-07-012 PAGE 2 00 By action of the City Council at its regular meeting held on the n~ ,2007. V - 17-f!:; day of COUNCIL MEMBER DAVID ZAREMBA VOTED ~ COUNCIL MEMBER JOE BORTON VOTED ~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED - COUNCIL MEMBER KEITH BIRD VOTED ~ TIE BREAKER ---- MAYOR TAMMY de WEERD VOTED M~\\9~J~ \ \ \ II \\\\ c.f- ME III ATTEST ,<..":\" ,,~--- \'.... " a ~0R1 ~ vi i ~ - r~o % -d1iU-:~~ ~ SEAL ~ WILLIAM G. BERG, JR., Cl Y CE ~ -y rf j;~ %.. ~~~~r 1S~ . '\ .f j"'; .-;.. ~ "- / ................ (\.-., .. . i)' ",'" Copy served upon: v Applicant ""1111~1'( . \\\\\\ . " III~LI \1\\\\ v Planning DepartmeIl~' II 'I v' Public Works Department v' City Attorney By,- ~~ Dated:~-O'" City Clerk's Office -cV CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). V AR-07-012 PAGE 3 of3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 TO: FROM: Mayor & City Council Amanda Hess, Associate City Planner (208) 884-5533 " ro....U /' "r:'" .~, ..._/YLdridl:n~ I ,{, ~ IU,.\HO ~ ~~ f' " ~_"r' """"1-<:1'" .~~"''''-''L,!,:--'''.';o<';>- 'f~ STAFF REPORT Hearing Date: 7/3/2007 Continued From: 6/19/2007 SUBJECT: Bienville Square Promenade Landscaping . File No. V AR-07-012 Variance request to ODC 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 Redcliff Development 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, RedcliffDevelopment, 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, ofthis report, for more details.) On .Tulv 3.2007. the City Council heard and annroved the subiect annlication. a. SummarY of City Council Public Hearin~ i. In fay-or: Rob Hallllett.J.A-oolicant's R~QIesen1ative) 11. In oooosition:.~ 111. Commentinl!: Nop.e iv. Written testimonv;~ v. Staff oresentinll_aoolication: _~a CanniDJ2: vi. Other St~ff commentinll on avolication: ,,,,None b. Kev Issues of Discussion bv Council i. The fa~t that. while not anytime soon,lTD will eventually widen Eal!le Road andJhl:< City will be J~ft witlL only a 20- fOQtJandscaoinl! buffer aloQg said LQad at tQis location. Is this ill the besUntere.st ofthe City? c. Kev Council Cham~es to Staff Recommendation i. None 3. PROPOSED MOTION (to be considered after the public hearing) Bienville Square - V AR-07-012 Page 1 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-07-012, 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- 07-012, as presented in Staff Report for the hearing date of July 3, 2007, and direct Legal Staffto 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) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: Southwest comer of Us tick 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: Redcliff Development 3451 Copper Point Drive, Ste. 106 Meridian, ill 83642 d. Representative: Rob Haggett, Redcliff Development 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 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 Bienville Square - V AR-07-012 Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 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-l), 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 23, 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 hnprovement 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 Rl (Ada County) and R-2 (City of Meridian) 3. South: Residential (Carol's Subdivision), zoned RI (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.OS-OS7) approval for 18.43 acres from RUT and Rl (Ada County) to R-8 (Medium Density Residential), R-lS (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.OS.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 jor Eagle Road towards the landscape street buffer width. The landscaping buffer was approved at 20 feet, with 15 feet constructed within said right-aI-way. The subject variance application proposes to reduce width of the landscaping buffer Bienville Square - V AR-07-012 Page 3 CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 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 Ustick Road I Sadie Creek Location of water: Extension of mains in U stick Road I Sadie Creek Issues or concerns: None 2. Vegetation: Primarily vacant land. A few trees which must be retained or mitigated for. 3. Floodplain: NI A 4. Canals I Ditches I Irrigation: There is one irrigation I drainage ditch that bisects the subdivision and one that runs along the south boundary of the subdivision. 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 fmds 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 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. 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 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 Bienville Square - V AR-07-012 Page 4 CITY OF MERIDIAN PLANNING DEPARlMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 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, 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 variance. c. The variance shall not be detrimental to the public health, safety, and welfare. The Council 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). 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 fmal 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 ll-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. The Meridian City Council heard the item on .Tulv 3.2007. At the DubHe heario!! the Council moved to aDD rove the subject aDDlieation. 10. EXHmITS A. Maps 1. Vicinity Map 2. Landscape Plan Bienville Square- VAR-07-012 Page 5 CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 Exhibit A-I - Vicinity Map 111111... ~ _ Il I I I I 3 = = f( !:! = = ~ ~AMPIONPAfi tm~3 - == ~ - ~ PI ~ n ,Off 2 - a::/I 1111 1/.'\ ~.~:= i 11 J f- D4 ~ TIT1 ~ v .,. IIIII I \~ ~ '------ "3 '---- !!:! ~ ..J Z ~ ~~ \ \ r---- .....-' nRO. ~c.. ../ "". H~Ip.,l />~ j ~A/~"V/ ../' ~(! T ~ ~~1 ......... 0 , 0 I PROVlDEN ~#l CE NO 02 ~ J: 0 .... !g , !' ~ , SMITCHGER 0 :a IIY 0 It 0 , ::l' PROVIDE CE NO 01 ~ I~ Z ---".---...- ,~ ] r-- "----- I=' lJ~ I II. M. RD. 1 -\ -~ \ ~u ~; ~-- p -'----, Bienville Square Subdivision L---r-----1 PERKINS BRO",""" - I l f:i\, ::J /~~ r-...,- ~ \ \ CITY OF MERIDIAN PLANNiNG DEPARTMENT STAFF REPORT FOR THE HEARiNG DATE OF JULY 3,2007 Exhibit A-2 - Landscape Plan !1~IUnl l..i "c.' "1 ~ c: ,I i=J;;JHml~ i~eerl~. hllli~ I o 21 r ...... (:) J~4 II ;1 Ii :: ,! ~. '". :~~ ., . " .......:....... I / ~1'O ii 2 ,:. fJ ,. BIENVILLE SQUARE Variance Request MI!RltAAN~ IDAHO