HomeMy WebLinkAboutFindingsMAYOR
Robert D. Corrie
CITY COUNCIL MEMBERS
Ron Anderson
Keith Bird
Tammy deWeerd
Cherie McCandless
HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
(208) 888-4433 • Fax (208) 887-4813
City Clerk Office Fax (208) 888-4218
~G VYlst7~
q-13 -a-ti
Id~e~ nro. 3
(208) 884-5533 • Fax 888-6854
MEMORANDUM:
September 1, 2000
To: Mayor & City Council
From: Shari Stiles, P&Z Administrator ~~
Brad Hawkins-Clark, Planner ~~C
Re: Request for Variance to Reduce Required Number of Trees for a Warehouse
Building at 301 E. 5th Street by The Bower Street, LLC
We have reviewed this submittal and offer the following comments, as conditions of the
applicant. These conditions shall be considered in full, unless expressly modified or deleted by
motion of the Meridian City Council:
APPLICATION SUMMARY
This application requests a variance from City Ordinance 11-13-4.B.3.c, which requires a
minimum of one, three inch (3") caliper tree for every 1,500 square feet of pavement area on a
building site. The project location is in Meridian Business and Industrial Park at the SW corner
of Bower Street and E. 5th Street. The Applicant received a Certificate of Zoning Compliance on
March 6, 2000 and a building permit on May 5, 2000 to construct a new 29,408 s.f. warehouse
building. The Applicant is requesting a reduction in both the required number of trees on the site
(from 37 to 25) and in the size (from 3" caliper to 2" caliper).
REQUIRED FINDINGS
According to Ordinance 11-18-1, Variances, the Council may authorize in specific cases a
variance from the terms of either the Zoning or Subdivision Ordinance. Specifically, the
Ordinance lists the following Findings, all of which must be determined before granting a
variance:
"A. That there are such special circumstances or conditions affecting the property that the strict
application of the provisions of this Title would clearly be impracticable or unreasonable;
B. That strict compliance with the requirements of this Title would result in extraordinary hardship to
the owner, subdivider or developer because of unusual topography, the nature or condition of
adjacent development, other physical conditions or other conditions that make strict compliance
with this Title unreasonable under the circumstances, or that the conditions and requirements of
this Title will result in inhibiting the achievements or the objectives of this Title;
VAR-00-019
Bower St LLC.Var.doc
Mayor and Council
September 1, 2000
Page 2
C. That the granting of the specified variance will not be detrimental to the public's welfare or
injurious to other property in the area in which the property is situated;
D. That such variance will not have the effect of altering the interest and purpose of this Title and the
Meridian Comprehensive Plan.
ANALYSIS
Staff offers the following observations and analysis to assist the Council in its decision:
Hardship (Item B above) is defined in the Zoning & Development Ordinance as follows: "An
unusual situation on the part of an individual property- owner which will not permit him to
enjoy the full utilization of this property as is enjoyed by others in the community. A
hardship can exist only when it is not self-created." As stated in the application, the subject
property has two unusually wide easements, both of which existed prior to the Applicant's
purchase of the land. ACHD has a 10-foot wide stormwater drainage easement inside the
property line along Bower Street. NMID has a 40-foot wide irrigation easement for the
Hunter Lateral along the entire western boundary. The total area of both easements is
approximately 15,891 s.f., or 18.1 % of the gross land area. Both easements prohibit the
planting of any trees. Staff considers this amount of un-plantable area to be a hardship.
2. On the tree caliper size, Staff agree with the Applicant's statement that nurseries are depleted
of their stock of larger caliper trees. We have heard this from numerous developers and have
tried to allow alternative forms of compliance through the provision of additional, smaller
caliper trees. Given the space limitations on this site and that no additional trees can be
provided, Staff support this variance request.
STAFF RECOMMENDATION
Staff believe the Applicant meets all four (4) of the required findings and we recommend
approval of both variance requests.
~,~_oa_at9
Bower St LLC, Var.doc
MAYOR
Robert D. Come
CITY COUNCIL MEMBERS
Ron Anderson
Keith Bird
Tammy deWeerd
Cherie McCandless
MEMORANDUM:
• HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
(208) 888-4433 • Fax (208) 887-4813
City Clerk Office Fax (208) 888-4218
To: Mayor & City Council
LEGAL DEPARTMENT
(208) 288-2499 • Fax 288-2501
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 887-2211 • Fax 887-1297
PLANNING AND ZONING
DEPARTMENT
(208) 884-5533 • Fax 888-6854
September 1, 2000
From: Shari Stiles, P&Z Administrator
Brad Hawkins-Clark, Planner
Re: Request for Variance to Reduce Required Number of Trees for a Warehouse
Building at 301 E. 5~' Street by The Bower Street, LLC
We have reviewed this submittal and offer the following comments, as conditions of the
applicant. These conditions shall be considered in full, unless expressly modified or deleted by
motion of the Meridian City Council:
APPLICATION SUMMARY
This application requests a variance from City Ordinance 11-13-4.B.3.c, which requires a
minimum of one, three inch (3") caliper tree for every 1,500 square feet of pavement area on a
building site. The project location is in Meridian Business and Industrial Park at the SW corner
of Bower Street and E. Stl' Street. The Applicant received a Certificate of Zoning Compliance on
March 6, 2000 and a building permit on May 5, 2000 to construct a new 29,408 s.f. warehouse
building. The Applicant is requesting a reduction in both the required number of trees on the site
(from 37 to 25) and in the size (from 3" caliper to 2" caliper).
REQUIRED FINDINGS
According to Ordinance 11-18-1, i~ariances, the Council may authorize in specific cases a
variance from the terms of either the Zoning or Subdivision Ordinance. Specifically, the
Ordinance lists the following Findings, all of which must be determined before granting a
variance:
°`A. That there are such special circumstances or conditions affecting the property that the strict
application of the provisions of this Title would clearly be impracticable or unreasonable;
B. That strict compliance with the requirements of this Title would result in extraordinary hardship to
the owner, subdivider ar developer because of unusual topography, the nature or condition of
adjacent development, other physical conditions or other conditions that make strict compliance
with this Title unreasonable under the circumstances, or that the conditions and requirements of
this Title will result in inhibiting the achievements or the objectives of this Title;
•
Mayor and Council
September 1, 2000
Page 2
C. That the granting of the specified variance will not be detrimental to the public's welfare or
injurious to other property in the area in which the property is situated;
D. That such variance will not have the effect of altering the interest and purpose of this Title and the
Meridian Comprehensive Plan.
ANALYSIS
Staffoffers the following observations and analysis to assist the Council in its decision:
1. Hardship (Item B above) is defined in the Zoning & Development Ordinance as follows: "An
unusual situation on the part of an individual property owner which will not permit him to
enjoy the full utilization of this property as is enjoyed by others in the community. A
hardship can exist only when it is not self-created." As stated in the application, the subject
property has two unusually wide easements, both of which existed prior to the Applicant's
purchase of the land. ACRD has a 10-foot wide stormwater drainage easement inside the
property line along Bower Street. NMID has a 40-foot wide irrigation easement for the
Hunter Lateral along the entire western boundary. The total area of both easements is
approximately 15,891 s.f., or 18.1% of the gross land area. Both easements prohibit the
planting of any trees. Staff considers this amount of un-plantable area to be a hardship.
2. On the tree caliper size, Staff agree with the Applicant's statement that nurseries are depleted
of their stock of larger caliper trees. We have heard this from numerous developers and have
tried to allow alternative forms of compliance through the provision of additional, smaller
caliper trees. Given the space limitations on this site and that no additional trees can be
provided, Staff support this variance request.
STAFF RECOMMENDATION
Staff believe the Applicant meets all four (4) of the required findings and we recommend
approval of both variance requests.
s ~
August 31, 2000
VAR 00-019
MERIDIAN CITY COUNCIL MEETING September 5, 2000
APPLICANT The Bower Street, LLC ITEM NO. 27
REQUEST Request for variance of the required size and number of trees from 37 three-inch
Calipers to 27 two-inch Calipers - SW comer of Bower Street and East 5th Street
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
SEWER DEPARTMENT:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
COMMENTS
See attached
See attached
See attached
See attached
See attached
see attached , a U
p~~
~,r~
C~
@b'
Contacted: /1~~~ M~yUy Date: ~' Phone: ~
Materials presented at public meetings shall become property of the City of Meridian0~ ~ O ~ ~/ V -~
August 31, 2000
MERIDIAN CITY COUNCIL MEETING
APPLICANT
ORDINANCE
September 5, 2000
ITEM NO. 6
REQUEST Ordinance amending the 1999 /2000 Fiscal Year Budget
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT: ,~i . ~~
CITY WATER DEPT: 1' U
CITY SEWER DEPT: ,Q ~
l/'~
~ ~.
MERIDIAN SCHOOL DISTRICT: ~ ~
MERIDIAN POST OFFICE: l~'
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
Contacted: Date: Phone:
Materials presented at publk meetings shall become property of the Cffy of Meridian.
•
VAR 00019
September 8, 2000
Se tember 13, 2000
MERIDIAN CITY COUNCIL MEETING ITEM NO. 3
APPLICANT The Bower Street, LLC
REQUEST Re west for variance of the re wired size and numb East 5th Street 37 three-inch
Cali ers to 27 two-inch Cali ers - SW corner of Bower Street and
COMMENTS
AGENCY
See previous item packet
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
SEWER DEPARTMENT:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
,r
~~
~~ ~
~c"'"
\~ ~h
~,\
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER: ~~,.. ~~
'/' r L Date: Phone:
Contacted: 'UV ~ ryUl~/l'~1n7 ~`-
Materials presented at public meetings shall become properly of the Cffy of Meridian.
r +
September 28, 2000
MERIDIAN CITY COUNCIL MEETING
VAR 00-019
October 3, 2000
APPLICANT The Bower Street, LLC ITEM NO. S
REQUEST Request for variance of the required size and number of trees from 37 three-inch
Calipers to 27 two-inch Calipers - SW corner of Bower Street and East 5th Street
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
SEWER DEPARTMENT:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
COMMENTS
See attached Findings
OTHER:
Date: '~d 2- Phone: ~j.~ ?J~ ~Jb OD
Contacted: ~~~' ~ U'1~~6`l~U
~~ ~~ ~~ ~
Mbtedals presented at public meetings shall become property of the City of Meridian.
Meridian City Council Meeti
October 3, 2000
Page 3
Sheri Eisele /Eagle Concrete Pumping in an I-L zone -Baltic Place in
the Meridian Business Park:
P. Findings of Facts and Conclusions of Law for Approval: CUP 00-044
Request for Conditional Use Permit to construct a 4,125 s.f. tilt-up
concrete building for Eagle Concrete Pumping by Rod and Sheri Eisele
in a Flood Plain Overlay District currently in an I-L zone -North Baltic
Place in the Meridian Business Park:
Q. Findings of Facts and Conclusions of Law for Approval: CUP 00-042
Request for a Conditional Use Permit to construct a Carl's Jr. Restaurant
with adrive-thru window by Greenstar Foods and TFCM currently in an I-L
zone -located on Pad P-3 at the Meridian Crossroads Center:
R. Findings of Facts and Conclusions of Law for Denial: VAR 00-020
Request for a variance for the reduction of landscaping requirements to
allow new construction site to match existing and as typical for the area
and subdivision for Seven Gates by Darol Forsythe /Seven Gates
Properties -Lots 8, 9 and 10 of Block 1 of the Layne Industrial Park:
S. Findings of Facts and Conclusions of Law for Approval: VAR 00-019
Request fora variance of the required size and number of trees from 37
three-inch Caliper trees to 27 two-inch Caliper Trees for The Bower
Street, LLC -southwest corner of Bower Street and East 5th Street:
T. Findings of Facts and Conclusions of Law for Approval: PFP 00-002
Request for preliminary /final plat approval for proposed Presidential
Subdivision by Developers Diversified /Dakota Company with three
building lots on 10.99 acres in an I-L zone -southeast corner of
Presidential Drive and Eagle Road at the Meridian Crossroads Center:
U. New Beer and Wine License: Request for new beer and wine licenses
by Steve Haumann for WinCo Foods -1050 South Progress Avenue:
V. AZ 00-017 Development Agreement - E.L. Bews: Request for
annexation and zoning of 52.90 acres from RT to R-4 by Primeland
Development Co., LLP, for proposed Bridgetower Subdivision -north of
Ustick Road and east of Ten Mile Road:
W. AZ 00-017 Development Agreement - Chandos Hoaglun: Request for
annexation and zoning of 52.90 acres from RT to R-4 by Primeland
Development Co., LLP, for proposed Bridgetower Subdivision -north of
Ustick Road and east of Ten Mile Road:
X. AZ 00-017 Development Agreement -Youngs Land, Ltd: Request for
annexation and zoning of 52.90 acres from RT to R-4 by Primeland
Meridian City Council Meetin~ •
October 3, 2000
Page 4
Development Co., LLP, for proposed Bridgetower Subdivision -north of
Ustick Road and east of Ten Mile Road:
Corrie: Council, you have the Consent Agenda in front of you. What would you
like to do?
Bird: Mr. Mayor, on the Consent Agenda, Item D we need to table to October 17,
2000; Items E, F, G, H, I, J, K, L, M and N also need to be tabled to October 17,
2000. With that, I would move that we approve the revised Consent Agenda.
Anderson: I would second that.
Corrie: With those corrections and additions, any discussion? Hearing none,
roll-call vote, please, Mr. Clerk
Roll-Call: Bird, aye; de Weerd, aye; McCandless, aye; Anderson, aye.
MOTION CARRIED: ALL AYES
Corrie: On the regular agenda, it won't be a long meeting tonight, but just for the
people that might be in the audience that are here for the Item No. 3, the
continued public hearing on the Waltman Court Subdivision, that has been
requested that we continue that public hearing until the 17th of October, and also
Item No. 5, the request for final plat approval by Packard Estates Development,
that has been requested to be taken up on November 8th rather than tonight. So
we will be hearing Items 2, 4 and 6 plus the department reports.
Item 2. Ordinance No. 892: Request for annexation and zoning of 52.90
acres from RT to R-4 by Primeland Development Co., LLP, for
proposed Bridgetower Subdivision -north of Ustick Road and
east of Ten Mile Road:
Corrie: So I'll open up the Ordinance No. 892, that's a request for annexation
and zoning for Bridgetower Subdivision, and I'll ask the City Clerk to read
Ordinance No. 892 by title only at this time.
Berg: Thank you, Mayor, members of the Council, Ordinance No. 892: An
Ordinance finding that certain land to be known as Bridgetower Subdivision lies
contiguous or adjacent to the City limits of the City of Meridian, County of Ada,
State of Idaho; and finding that the owner has made a request for annexation in
writing to the Council; and that said land be annexed into the City of Meridian and
zoning designated low density residential district (R-4); and declaring that said
land by proper legal description as described below be a part of the City of
Meridian, County of Ada, State of Idaho; repealing all ordinances, resolutions,
orders or parts thereof or in conflict herewith; and directing the City Engineer to
add said property to the official maps of the City of Meridian, Idaho, and directing