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HomeMy WebLinkAboutStaff ReportSTAFF REPORT Hearing Date: July 28, 2009 TO: Mayor and City Council FROM: Bill Parsons, Associate City Planner (208) 884-5533 SUBJECT: VAR-09-002 - Porky Park 1. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, VJ Joint Venture, is requesting a variance from an I-L (Light Industrial) zone dimensional standard listed in Table 11-2C-3, which requires a 25-foot landscape buffer adjacent to nonindustrial uses. The east side of this property is contiguous with a public school facility (a nonindustrial use), zoned L-O. In lieu of the 25-foot landscape buffer, the applicant is proposing to construct a 5-foot landscape buffer. 2. SUMMARY RECOMMENDATION Staff is recommending denial of the subject Variance application based on the Findings of Facts and Conclusions of Law in Exhibit B of the Staff Report. 3. PROPOSED MOTION Denial After considering all staff, applicant and public testimony, I move to deny File Number VAR-09-002 as presented during the hearing on July 28, 2009 for the following reasons: (you should state specific reasons for denial.) Approval After considering all staff, applicant and public testimony, I move to approve File Number VAR-09-002, as presented in the staff report for the hearing date of July 28, 2009. (Please state how the subject findings are met) Continuance After considering all staff, applicant and public testimony, I move to continue File Number VAR-09-002 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: South side of Pine Avenue and east of N. Principle Lane (Lots 6 & 7, Block 2, Porky Park No. 2) Located in the southeast ¼ of Section 9, Township 3 North, Range 1 East b. Owner/Applicant: VJ Joint Venture 3084 E. Lanark Street Meridian, ID 83642 c. Applicant's Statement/Justification: See applicant’s narrative attached in Exhibit A. 5. PROCESS FACTS a. The subject application is for variance approval as determined by City Ordinance. A public hearing is required before the City Council consistent with Title 11, Chapter 5. b. Newspaper notifications published on: July 6 and 20, 2009 c. Radius notices mailed to properties within 300 feet on: July 2, 2009 d. Applicant posted notice on site by: July 17, 2009 6. LAND USE a. Existing Land Use(s): The subject site is currently vacant developable land; zoned I-L. b. Description of Character of Surrounding Area and Adjacent Land Use and Zoning: The subject site is industrial zoned property surrounded by a mix of single-family residential to the north vacant and developing industrial property; south and west and a public school facility to the east. 1. North: Single-family residential, zoned R-4 and R-8 2. West: Vacant Land, zoned I-L 3. South: Self-Storage Condos, zoned I-L 4. East: Lewis and Clark Middle School, zoned L-O c. History of Previous Actions: In 2005, the subject site was preliminarily platted and final platted as Porky Park Subdivision. d. Access: The subject site consists of two lots within Porky Park Subdivision No. 2. Lot 7 has been approved with direct lot access to Pine Avenue. Lot 6 takes access from N. Principle Lane, designated a local street. 7. UNIFIED DEVELOPMENT CODE The following UDC section is pertinent to this application: Table 11-2C-3: Dimensional Standards in the I-L District: Landscape buffer to nonindustrial uses (in feet)   25 I-L and 40 I-H    8. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: VARIANCE: The applicant is requesting a variance from an I-L zone dimensional standard listed in Table 11-2C-3, which requires a 25-foot landscape buffer adjacent to nonindustrial uses. The subject site is bordered on the east by a public school facility, zoned L-O. Based on the current use of the adjacent property the UDC requires a 25-foot landscape buffer. In lieu of the required 25-foot landscape buffer, the applicant is proposing to construct a 5-foot landscape buffer. It is important to note the shared property boundary is also impacted by a 20-foot wide irrigation easement; entirely on the applicant’s property. Regardless of the buffer width, any improvements within this easement will require a license agreement from Settler’s Irrigation District. Staff has attached the proposed landscape plan (submitted by the applicant) depicting the 5-foot landscape buffer as Exhibit A4 below. The applicant has stated in the narrative the reason for the request was based on several factors. The first being the distance between the existing school building and the future building. The second factor sites the location of the existing access point to Pine Avenue approved with Porky Park Subdivision No. 2. Currently the site is vacant. However, the applicant is proposing to construct a 25,200 square foot flex building. Once constructed the future building will be approximately 55 feet from the property line shared with the school property. The middle school is approximately 200 feet from the shared property line. Further, only an access road and open space exist between the shared property line and the school. The applicant feels requiring a 25-foot buffer between the two uses is unnecessary because most of the activities (i.e. play fields, drop off area and parking) occur away from the shared property boundary (see Exhibit A2 below). On the recorded plat, Lot 7, Block 2 has been prescribed a 40-foot wide shared access point to Pine Avenue approximately 16 feet from the eastern property boundary. The current location of this curb cut also prohibits conformance for a portion of the 25-foot wide landscape buffer. A reduction to the landscape buffer is warranted in this area; however the remainder of the property boundary should conform to the 25-foot landscape buffer in accordance with UDC 11-2C-3A.1. According to UDC 11-3B-9, the purpose of the landscape buffer is to ensure that incompatible, adjoining land uses are adequately protected and are provided an appropriate amount of land separation to conduct permitted uses without causing adverse impact. Staff does not believe the future use on the property will impact the adjacent school property. Because the buffer is a dimensional standard in the UDC, the applicant’s request cannot be reviewed through alternative compliance; thus a variance has been requested. VARIANCE FINDINGS: Per UDC 11-5B-4.E, in order to grant a Variance, the City Council must be able to meet the following findings: The variance shall not grant a right or special privilege that is not otherwise allowed in the district: The variance relieves an undue hardship because of characteristics of the site; The variance shall not be detrimental to the public health, safety, and welfare. Staff has reviewed these findings and believes that granting a Variance for the reason requested by the applicant would grant a right or special privilege to the applicant that is not otherwise allowed in the district. The site is currently vacant and an existing structure or conditions do not preclude the applicant from complying with the UDC except for the location of the access point to Pine Avenue. Further, Staff finds that there are no undue hardships that would prevent the applicant from developing the site with a 25-foot landscape buffer except for the portion along Pine Avenue which is impacted by the existing access point approved with Porky Park Subdivision No. 2. Staff is supportive of a reduction of the landscape buffer for this portion of the development however the remainder of the property boundary should conform to the 25-foot landscape buffer in accordance with UDC 11-2C-3A.1. If Council should decide to grant the Variance, Staff believes the reduced buffer would not be detrimental to the public health, safety, and/or welfare however, staff is recommending a minimum buffer width of 15-feet to coincide with the location of the access point adjacent to Pine Avenue. 9. EXHIBITS A. Drawings 1. Vicinity/Zoning Map 2. Aerial View 3. Recorded Plat 4. Proposed Landscape Plan 5. Applicant’s Narrative B. Required Findings from the Unified Development Code Exhibit A. 1. Vicinity/Zoning Map  2. Aerial View of Property  3. Recorded Plat  4. Proposed Landscape Plan  5. Applicant’s Narrative  B: Required Findings from the Unified Development Code (Variance) The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in Section 11-5B-4.E 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 requested variance to allow the required 25-foot landscape buffer to be reduced to 5 feet, grants a special privilege to the subject property that would not otherwise typically be allowed in the district. The site is currently vacant and an existing structure or conditions does not preclude the applicant from complying with UDC 11-2C-3A.1 except for the location of the access point to Pine Avenue. B. The variance relieves an undue hardship because of characteristics of the site; There are no undue hardships that would prevent the applicant from developing the site with a 25-foot landscape buffer except for the portion along Pine Avenue which is impacted by the existing access point approved with Porky Park Subdivision No. 2. A reduction to the landscape buffer is warranted in this area; however the remainder of the property boundary should conform to the 25-foot landscape buffer in accordance with UDC 11-2C-3A.1. C. The variance shall not be detrimental to the public health, safety, and welfare. Allowing a 5-foot landscape buffer would not be detrimental to the public health, safety, and/or welfare. Based on the existing design of the school site, most of the activities (i.e. play fields, drop off area and parking) occur away from the shared property boundary.