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HomeMy WebLinkAboutPorky Park VAR-09-002CITY OF MERIDIAN ' FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Variance to UDC 11-2C-3A.1, which requires a 25-foot Landscape Buffer to Nonindustrial Uses; the Applicant Requests to Reduce the Buffer Width from 25 feet to 5 feet Adjacent to the Eastern Property Boundary of Lot 7, Block 2 in Porky Park Subdivision No. 2, by VJ Joint Venture. Case No(s). VAR-09-002 For the City Council Hearing Date of: July 28, 2009 (Findings on the August 18, 2009 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 28, 2009 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 28, 2009 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 28, 2009 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 28, 2009 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. §67-6503). 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 § 11-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR-09-002 -1- 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 not impose expense upon the public if the attached conditions of approval are imposed. 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 attached Staff Report for the hearing date of July 28, 2009 incorporated by reference. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for a Variance is hereby approved. D. Attached: Staff Report for the hearing date of July 28, 2009. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR-09-002 -2- By action of the City Council at its regular meeting held on the ~a day of 2009. COUNCIL MEMBER DAVID ZAREMBA VOTED COUNCIL MEMBER BRAD HOAGLUN VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Attest: aycee I~lman, City Clerk Copy served upon Applicant, Attorney. Mayor T de Weerd .~ -9 .~ ,~, `~. .~ ~~ AL ~~ ~~ ~y,_ '~ Q a .~ The~l''Y~t}lH~att~nt, Public Works Department and City ~~n~~t~,~ ~~tN~~ By: Dated: v ~ I - I i Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR-09-002 -3- STAFF 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. SiJNIlVIARY 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. SiJNIlVIARY RECOMMENDATION Staff is recommending denial of the subject Variance application based on the Findings of Facts and Conclusions of Law in Ezhibit B of the Staff Report. The Meridian City Counc'1 heard t is ulv 28.2009. At the nub is hea 'n the Counc'1 voted o annrove the cLbiect_ VA 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 fmdings 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.) Porky Pazk VAR-09-002 PAGE 1 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 '/a 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 ofsingle-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 nonindustnal uses (in feet) 25 I-L and 40 I-I I 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 Porky Park VAR-09-002 PAGE 2 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-SB-4.E, in order to grant a Variance, the City Council must be able to meet the following fmdings: 1) The variance shall not grant a right or special privilege that is not otherwise allowed in the district: 2) The variance relieves an undue hardship because of characteristics of the site; 3) 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 fmds 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. Porky Park VAR-09-002 PAGE 3 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 Porky Park VAR-09-002 PAGE 4 Exhibit A. 1. Vicinity/Zoning Map -'} N N ~ ,~. 1 i .~y 3~0. 'pA ! 1024 ~ ~ ~ ~~ ~ r~o I ~l ---t. R .~ _ ~~~o'~i~~~~~. S 0 :992 ~ 99~i 9~5. IW~k£AitEifAEADfl~US `~ ~- °i p ~~ F~ 915 A-j r-- ,~ ~"`vy„~,y,~ /~1, ~~,~ ..~ ~ ~ :976 ~., {. ' 415T ~ _ 94;r 9~7i " -1323 ~ ~ - ~, +n ~ h''~. .i" ~ v r ro~ .; ^s1 a ~ ~ ~ I -~.., 954 ~ y-;- e~ ; ' ~ { ,~ ~. ~a r a ,~ p >~ ~ ~6~ ~t 'y'~; n i j ~ ~ ~ 947 ,` orb ~ . ~ A ;_ ~: V'h h ~,~ ~~ ,~g1 ~~ ~ ~p~„ 43b , ~~~ ~~~ 925 '~'~ , ~~y3 92y . , ~~~ ~~0 1= CROSSf~QACb$ U2 }. ~ ~~' 918 0 ; ~ r, ~ ~ ~ ~ q~-- ~ ~ ro ! 7-.3' w ~. ) i' N(~ o ' ~ ® { ~ ~ a ~ ~v +® B' ~ N o ~o I 1 ~D ~ ~p ~ ~O ~ pp "i t itti ~~ ~ I ' _ ~ ~ ~ ~I{, F'~~/ ~~..ff M ro! ~ ~ ~ ~ ; tV +a3 u'f tf! I u7 tip i t +"r~..a'~~"~ ~' ~,4, ..~.... 896. ~. / R ~ ~ ~ ' ``~~ ~,'a ~.:..M M ~ ~ ~ ~ ~ ~y ~ ~ ~ ~ - I _.. 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S t34 ~ ~ N PO ~ pARKN0~02 r ~~_.. < i ~.,, ,- ~~ -T~ 12551 ~ . i f i ' ~ SITE - ~ -~z - "~ r - ~ ~ ,. o ~~ 1~~ ~ r ~b~o ~ - G~;~f~bs~ ~ 627 L-O M-1D .L ~i~~;v i p: -- ",' i II f 549 t 5~ E ~ 3705 C~, ~_ !_, ~ r '~~ i r. ~~ ~ ~ ~ r~ 495 i v 3649` " ~ t ~ ~~'~ 1~ r r j l i~ ~_ -,r~ f r. 12509 ~e* '. 1 j N UNIO.~Ni PACIFIC RXR r _~_... -- - --- 3660 -~ -,-........_T~ , Exhibit A -Page 1 2. Aerial View of Property ~ - ~ -- I ~ - - .. r'::~ ~,y' ~I~ _~ >i ~~~ ~ > r ~, E BELFAST BAY 'DR a ua ~' ,.x ~ ~' ~ c ~ .~ .,, ~. .~' ,' }}`"' R~R~S1IIf t~7~A~L_ DR K I~ t~.. 1 ~ rn 1 Q ~ _ Y ~' -j' c ._ 2 1 e ~ r ]i ;'~ ~ c~ ~ . fain ~y ti. i ~~ ~ rP1~~YR1'{i ~ i r ~` ~,r •. K,~1F iy]NU~ E COMMERCIAL CT ` r, -~ 1-, ~,~ , ~ 1~,. ~ ~-~1 -, ~ .„-._ tY ~ ~, rwr r. ~ ..:. > ~. ~;~C~ ~~ ~~ r i"n a .. I h ' 1 ~ `~r<II f~ ~, ` ~~ IF~ ~ 1 r '~ 17 j 1f~~ ti ~%% ~ ~~ ~Nr {I ~~ F i Exhibit A -Page 2 3. 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I-= - ~ .eaco+ a _aooaao s I h z <. ~ ~ $ ~ rE ~ ~ Q i ' I ~ ~~ 4N ~n~~~~ ~ ~~~k3~ ~~~ ~~ ~~ y I--I-.at ~ t fire W ~° ~8 ~s ~ ~ ~ ~ 3 5 y ~ Ial ~ Q ~ I ~ ~~ rr ~~_• gi ~ ~ a R~9t ~~~ D I ID I m 1 Z U ( I ~ I~'$i $ r I ~ ~'Ea bE I I Y $ M o m t„ ~$~$~$$ I I ~ ~ ~£~f 3.80.06.00 PI r, s. m R ' mo ^o qF $ ( ( ~ I '• $~• 'O N NOtS/.~ rOB.^•S uSJ u' bu i I N2+bd .cxaod >^ 9Nt11~ ~ 56ve ~ o g ,wrocsx a .souaoo s m ~ 8$ffi QVOX 37JV3 A+ T/D Exhibit A -Page 3 4. Proposed Landscape Plan E.. ~IN~ A4'F. - - - - - ~-~ - - - - - - -~- - ~ -_ - . ~.._ ..., - f _._ ~, LANDSCAPE PLAN ~•~.~• Exhibit A -Page 4 5. Applicant's Narrative VJ Joint Venture - Easfi Pine Avenue Buit insr Variance Aooticatlon Narrative VJ Joint Venture is reques#ing a variance feom the required 25' landscape buffer between iL and LO zoning. Vile are proposing to construct a 25,20osf Flex Industrial Building on two tots which are contiguous to the west property fine of the Lewis and Clark Middle School just north of the new Storage Condo developmen#. The nearest school building sits approxima#ely 20II' to the east of the common property line and the proposed new building wilt sit 55 feel from the common property line so there is approxima#ely 255' befiareen the two buildings. The area between the property line and the nearest school building consists caf lawn and an access road, There are no classrooms overlooking this area and there are no parking areas, studer>g gathering areas or recreation areas. IL is only lawn and the access road so there is nothing to buffer. In addi#ion, ACND has prescribed the number and location of access points from Pine Avenue and those designated access points are fixed and recorded on the final plat and cannat be changed. The location of the ACFfD designated Pine Avenue access point for the subje~ property starts approximately 10' from the common property line between the school and the subject property which eliminates the opportunity to construct the 25' landscape buffer:. Due to the fact that the access point from Pine Avenue cannot be changed and given that there is 255 feet between the school building and the proposed near building, a landscape buffer wocsld serve no purpose even if it were posslbte for it to be constructed. We ask that the City Council granfi this variance requesting that the 25' landscape buffer requirement be waived and allow a minimum of the standard 5' feet of landscaping in an IL sane. Exhibit A -Page 6 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 Council finds the requested variance to allow the required 25-foot landscape buffer to be reduced to 5 feet, does not grant a special privilege to the subject property. The Council finds the 5-foot buffer and the existine landscaping on the school site (approximately 95 feet. measured from the narrowest point between the sharers property boundary and back of curb of the drive aisle on the school sitel provides an adequate buffer between the industrial site and the school property Further the fim_ tre building and existing school buildine will be separated approximately 255 feet with the i ority of the school activities hanpenine on the east and south sides of the school site B. The variance relieves an undue hardship because of characteristics of the site; The Council fmds there is an undue hardship that can be relieved by the granting of the variance because a portion of the site along Pine Avenue is impacted by the existing access point approved with Porky Park Subdivision No. 2. F her. there is an existin¢ Settler's Irrieation Easement encumbering the shared property boundary that provides adequate bufferine between the subiect property and the school site Future st_ruict~ares are not to be placed over such easements making this a natural buffer between the two uses. ~ ..• ~ a, i ... ,.a ~L;.. t ~L a r °~ --- T Tfln11 ~Z A 1 C. The variance shall not be detrimental to the public health, safety, and welfare. The Council fmds allowing a 5-foot landscape buffer adjacent to the eastern property boundary 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. Exhibit A -Page 7