FindingsRECEIVED
rroV o ~ ~o~
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS
OF LAW AND
DECISION & ORDER
CITYOFG~fe
CITY CLERKS OFFICE
E IDIAI`~T
a®~~
In the Matter of Variance to UDC 11-3B-7C.6, to Allow an Impervious Surface within the
Street Landscape Buffer, by Ashford Greens Owner Association
Case No(s). VAR-09-004
For the City Council Hearing Date of: October 27, 2009 (Findings on the November 10,
2009 City Council agenda)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of October 27, 2009
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of October 27, 2009
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of October
27, 2009 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of October 27, 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.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). VAR-09-004
-1-
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 October
27, 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 Variance request to allow an impervious surface within the required
landscape buffer on Black Cat Road is hereby approved, provided the applicant complies
with the following provision:
a. The applicant shall receive CZC and DES approval from the Planning Department
for the proposed structure prior to issuance of a building permit.
D. Attached: Staff Report for the hearing date of October 27, 2009.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). VAR-09-004
-2-
By action of the City Council at its regular meeting held on the ~y ~~ day of
~~~~ , 2009.
COUNCIL MEMBER DAVID ZAREMBA
COUNCIL MEMBER BRAD HOAGLUN
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
Copy served upon Applicant, The
Attorney.
VOTED_~~-~,y~,
VOTED
VOTED 1J
VOTED
Public Works Department and City
By: Dated: ~ 1 J ~ ~J ~~
City Cler ' Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). VAR-09-004
-3-
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
STAFF REPORT Hearing Date: October 27, 2009
TO: Mayor and City Council E IDIAN~--
FROM: Bill Parsons, Associate City Planner ~ ly A H
(208) 884-5533
SUBJECT: VAR-09-004 -Ashford Greens Pump House
1. SUIVIMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, the Ashford Greens Owners Association, is requesting a variance from Section 11-3B-
7C6 of the Unified Development Code (UDC) which prohibits impervious surfaces within the street
landscape buffer. Currently, an existing pump facility is constructed within the landscape buffer and
is screened with a 6-foot solid wood fence. This facility pre-dates the adoption of the UDC and was
constructed with the development of the Ashford Greens Subdivision. To protect the existing facility
from the weather and vandalism, the applicant is proposing to remove the existing 6-foot fence and
construct a 336 square foot enclosed structure (14' X 24'). RefeYence the analysis section and Exhibit
A forfuYther details.
2. SiJ1VIlVIARY RECOMMENDATION
Staff is recommending approval of the subject Variance application based on the Findings of
Facts and Conclusions of Law in Exhibit B of the Staff Report. The Meridian City Council
eard this item on October 27.2009. At the nublic hearing the Council voted to aunrove the
subiect VAR reauest
~.. Summary of City Council Public Hearing:
~. In favor: Ronald Howell and Steve Allred
ii. In opposition: None
~. Commenting: None
~. Written tes 'mony: None
y. Staff presenting application: Bill Parsons
Yl. Other staff commenting on application: Anna Canning
.1L Key Issues of Discussion by Council:
L he process for obtaining CZC and DES approval
~. Kev Council Changes to Staff Recommendation
1. 1Vone
3. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number VAR-09-
004, as presented in the staff report for the hearing date of October 27, 2009. (Please state how the
subject fmdings are met)
Denial
After considering all staff, applicant and public testimony, I move to deny File Number VAR-09-004
as presented during the hearing on October 27, 2009 for the following reasons: (you should state
specific reasons for denial.)
Continuance
After considering all staff, applicant and public testimony, I move to continue File Number VAR-
09-004 to the heazing date of (insert continued heazing date here) for the following reason(s): (you
should state specific reason(s) for continuance.)
Ashford Greens Pump House VAR-09-004 PAGE 1
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
East side of Black Cat Road, south of Talamore Boulevard and west of Waggle Place(Lot 2,
Block 19, Ashford Greens Subdivision No. 4) in Section 3, Township 3 North, Range 1 West
b. Owner/Applicant:
Ashford Greens Owners Association
C/O Snake River HOA Management
7231 W. Franklin Road
Boise, ID 83709
c. Applicant's Statement/Justification: See applicant's nat~ative 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: October 5 and 19, 2009
c. Radius notices mailed to properties within 300 feet on: October 1, 2009
d. Applicant posted notice on site by: October 16, 2009
6. LAND USE
a. Existing Land Use(s): The subject site is currently a common lot platted with Ashford Greens
Subdivision No.4.
b. Description of Character of Surrounding Area and Adjacent Land Use and Zoning: The subject
site is primarily surrounded by developed single family development.
1. North: Single-family residential, zoned R-4
2. West: Single-family residential, zoned R-4
3. South: Single-family residential, zoned R-4
4. East: Single-family residential, zoned R-4
c. History of Previous Actions: In 2000, the subject site was final platted as a common lot within
Ashford Greens Subdivision No.4 to be used as a street landscape buffer.
7. UNIFIED DEVELOPMENT CODE
The following UDC section is pertinent to this application:
a. UDC 11-3B-7C6 prohibits impervious surfaces within the street landscape buffer.
b. UDC 11-3B-6E requires irrigation pump stations to be on its own dedicated lot within the
subdivision.
8. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation:
VARIANCE: A variance is requested to deviate from Section 11-3B-7C6 of the Unified
Development Code (iTDC) which prohibits impervious surfaces within the street landscape
buffer. The applicant is proposing to remove the existing 6-foot fence and construct a 336 square
foot enclosed structure (14' X 24') to protect the existing irrigation facility from the weather and
vandalism. Further, Staff believes enclosing the irrigation facility with a building provides a safer
alternative than the 6-foot fence.
Ashford Greens Pump House VAR-09-004 PAGE 2
The existing facility pre-dates the adoption of the UDC and was constructed with the subdivision
improvements for Ashford Greens. It is not the applicant's intention to expand the irrigation
facility beyond its current foot print, but merely to remove the 6-foot fencing and enclose the
equipment with a structure. Photos of the existing facility and a sketch of the proposed structure
are attached as Exhibit A4 and AS below.
The applicant contends requiring compliance with the UDC would create a financial and physical
hardship to the homeowners within the subdivision (refer to applicant's narrative attached as
ExhibitA6). UDC 11-3B-6E requires an irrigation facility to locate on a lot solely dedicated to
that pump station. The previous ordinance required irrigation facilities to be located on a common
lot. Since the vast majority of the platted common lots for the subdivision are the street landscape
buffers the only common lot that could accommodate the facility was the buffer along Black Cat
Road.
Currently the subdivision is built-out and a surplus lot is not available making it physically
impossible to relocate the facility. In addition, the common lot in which the facility is located
backs up against developed residential lots making it impossible to move the facility out of the
street landscape buffer.
Staff discussed the option of constructing a smaller structure or even replacing the existing
facility with newer technology to mitigate the street presence of the facility. The size of the
structure being proposed is based on the current foot print of the existing facility. The applicant
has submitted two bid amounts that demonstrate the differences in cost between erecting the
proposed structure and upgrading the existing irrigation facility. Based on the submitted
documentation, upgrading the existing facility is substantially higher cost to the HOA then
erecting the proposed structure. Staff has attached the two bids amounts as Exhibit A7 below.
Per UDC 11-SB-4E, in order to grant a variance, the City Council must be able to make
the following findings:
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 not grant a right or special privilege as the facility presently exists within the
required street landscape buffer. Further, Staff finds that current configuration of the common lot
and lack of a surplus lot makes it impossible to relocate the existing facility thus creating an
undue hardship. Lastly, Staff concurs with the applicant and believes enclosing the irrigation
facility with a building provides a safer alternative to the public than the existing 6-foot fence.
As mentioned earlier, staff has attached a sketch of the building proposed to surround the
irrigation facility. This rendering does not provide enough detail for staff to evaluate the building
design and materials. Based on the square footage of the proposed structure, a building permit is
required thus triggering design review in accordance with UDC 11-SB-6B.
In addition, Staff has concerns with possible damage that may occur to the existing trees that
surround the facility. It is unclear to staff if these trees are to remain protected during construction
or are to be removed prior to construction of the proposed building. If the trees are to be protected
or removed then the applicant should follow the standards in accordance with UDC 11-3B-10.
Although staff is recommending approval of the variance, the applicant will be responsible
for submitting a Certificate of Zoning Compliance and Design Review applications prior
Ashford Greens Pump House VAR-09-004 PAGE 3
to the issuance of a building permit to ensure the site is developed in a fashion consistent
with the aforementioned requirements of the UDC.
9. EXHIBITS
A. Drawings
1. Vicinity/Zoning Map
2. Aerial View
3. Recorded Plat
4. Photos of Existing Facility
5. Proposed Elevation
6. Applicant's Narrative
7. (2) Bid Amounts
B. Required Findings from the Unified Development Code
Ashford Greens Pump House VAR-09-004 PAGE 4
Exhibit A.
1. Vicinity/Zoning Map
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2. Aerial View of Property
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3. Recorded Plat
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4. Photos of Existing Facility
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5. Applicant's Narrative
API'LICA'1'~®PII p~CRIPTIQN
Exhibit A -Page 6
6. (2) Bid Amounts
Irminger PROPOSAL
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Proposal 8utrmistea To. ~ ~ . ~
Date: ~.'~~.P~cw
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JOb Platne & Loeadon:
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W® hereby submR apeGfrc~tions and estimates for. ~
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TMs aESmate b for eemptanng tl~ lob ~ tlasaabed above. It to baeeE on our dv0duadon and does rwt 6orhata erwtmlal m t
malarmte Whllyh NtaY 6e t~ulretl aheuld urA'm~eeen prObien+a or adverse tve~ar wrMWorte aNSe after want has afertatL HMeaata or addhioraq latror ma!
Payment to be made es fotiaws: Payment d~ wNhin 7 fi days of Irrninger Construction Company's Imro~e date. A
charge at b°k per mm~nth tvlli be ~sessed to aN peat due ar Count.. Signer will be responsible tar any gal arldlOt
cotlectlan te@8 incurred.
All m8laial is guarent>betl to ba ae apt~gtl, al work m ea eomplatad m vwrkmard6ce msnaer eeten9arg m aamdard . Arty Mtmaltan dr devW9on
Vnm a~va apeelHeaNmia immlving extra ands, wv be exewmtl otir u>ren vrAtan orders, and ~ bemnm an ®1ra charge over End above the nsthnafa. All
egrets ~ntlrrgent opt 6b91ms, aoddegis or delays beyorn~ our Control. our warkera ate fu8y aovetetl er wnrbrgn'o (bmpaneptlsn Insuranm entl
canaevdton ustnrmr.
Authortzad slgr~r,ae
Nom Th[a Proposal rimy be wNtdratirrt try un N rror amspted vittrln thlriy days,
Ace~nee of PivposaJ
T1tA above pNces, specifl and condiH0n8 errs satisfactory end are Y atxept9d.
work ~ specified. Paymerrt w(II tre made ee oit~irted shave.
AcCBpted: Signature
t?ate 8lpnature
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You are aulhorlffid b do the
Exhibit A -Page 7
Stephens Canstractian
268 Sherwood Rd
Muld[eton, Idaho 83644
ZOS-631-1474
Fes 208-514-0528
s ass;
To: Snake River Management
7231 W. Frankton Rd
Boise, ID 83709
Ail: toe Twemes
Re: Ashford Grins, H.O.A: 14'X24' Pump house.
We hereby submit specifications and proposals for the following:
Prep site fora 14'XZ4' Ptmtp house. ~
Pour concrete footer, and frame pumpllouse with a 3/12 roof pitch. ~~
Match shingles to existing dimensional sh~gles in complex. f 45 ~k'
Provide 2 skylights, ami 1 removable roof hatch for pump removal.
hvstall a (~80 Double door.
Insta1124' work bench.
Install siding and trim. Install venting for moisture.
Paint to yots color spe;.ifications.
Includes permit and pleas.
We hereby purpose to furnish all labor and nailing fasteners- complete and in accordance widr the above
specifications, for the sum of: x$7.812.201 Seven thousand eight hundred twelve al>d 2i?/100
dollars.
Payineirt to be made as follo~evs: Upon completion.
AIi rrnttetiel ~ guaranteed to be as specified. All work to be completed in a workmanlike manner acrnrding to standard
construction practices. Any alteration or deviation fmm above speci5ca;ions involving era costs wiU be eacetatted only ~n
written change orders, ami will bocome an eadra tdrarge over and above the written estimate. All agreements contingent upon
strikes, accidetas and !or delays beyond our cantroL All services billed are subject to s late charge of 1.3°Jo per month if rmt paid
within 30 mtendar days from date ofbiWtrg. Shanld an a~xaum. be in default of temu and referred to ao o~tde agency then,
reasonehte atiomey's fees, court ousts and costs of xollextian shell be paid by the e»stomrr! customer's rapresentaaive.
5ignatare: S`Wka~
Acceptance of this proposal- the shove prices, specificatioirs and conditions era satisfactory sad are
hereby accepted. You are hereby audtorized to start the work as outlined above.
Sigaatare:
Exhibit A -Page 8
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-SB-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 fords granting a Variance for the reason requested by the applicant would
not grant a right or special privilege as the current facility presently exists within the
required street landscape buffer.
B. The variance relieves an undue hardship because of characteristics of the site;
The Council fords granting the variance would relieve the applicant from an undue
hardship because that current configuration of the common lot and lack of a surplus lot
makes it impossible to relocate the existing facility.
C. The variance shall not be detrimental to the public health, safety, and welfare.
The Council fords granting the variance would not be detrimental to the public health,
safety and welfare of the community. The Council fords enclosing the irrigation facility
with a building provides a safer alternative than the existing 6-foot fence.
Exhibit B -Page 1