Orchard Creek Pump House VAR H-2019-0052CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO. H-2019-0052 - 1 -
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER
In the Matter of the Request for a Variance to Deviate from the R-8 Dimensional Standards Listed
in UDC Table 11-2A-6 for the Orchard Creek Pump House, by OA+D.
Case No(s). H-2019-0052
For the City Council Hearing Date of: May 21, 2019 (Findings on June 4, 2019)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of May 21, 2019, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of May 21, 2019, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of May 21, 2019,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of May 21, 2019, 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 April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
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
Community Development Department, the Public Works Department and any affected party
requesting notice.
Meridian City Council Meeting Agenda June 4, 2019 – Page 130 of 467
7. That this approval is subject to the approval in the attached Staff Report for the hearing date of
May 21, 2019, incorporated by reference. The c development shall comply with the requirements
of the approval.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 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 request for a Variance is hereby approved per the Findings in the Staff Report
for the hearing date of May 21, 2019, attached as Exhibit A.
D. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
E. Attached: Staff Report for the hearing date of May 21, 2019
By action of the City Council at its regular meeting held on the L4+i-N day of ,
2019.
COUNCIL PRESIDENT JOE BORTON VOTED
COUNCIL VICE PRESIDENT LUKE CAVENER VOTED
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED
COUNCIL MEMBER TY PALMER VOTED_
COUNCIL MEMBER TREG BERNT VOTED
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO. H-2019-0052 Orchard Creek Pump House - 2 -
COUNCIL, MEMBER GENESIS MILAM VOTED
MAYOR TAMMY de WEERD VOTED \
(TIE BREAKER)
Mayor T y e Weerd
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By: CJUAW 0 Dated: �0'
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO. H-2019-0052 Orchard Creek Pump House - 3 -
EXHIBIT A
Page 1
HEARING
DATE:
5/21/2019
TO: Mayor & City Council
FROM: Kevin Holmes, Associate Planner
208-884-5533
Bruce Freckleton, Development
Services Manager
208-887-2211
SUBJECT: H-2019-0052
Orchard Creek Pump House- VAR
LOCATION: North side of Lake Hazel Road; east of
S. Eagle Road (Lot 1, Block 1 of
Bicentennial Farms No. 1), in the S ½ of
the SW ¼ of Section 33, Township 3N.,
Range 1E.
I. PROJECT DESCRIPTION
The applicant requests a variance to deviate from the dimensional standards of the R-8 district listed
in UDC Table 11-2A-6 to allow for the construction of a 350 square foot structure within the required
setbacks and street landscape buffer. The structure will serve multiple purposes of a pump house for
subdivision irrigation equipment, an entrance/shade structure for a dog park to be used as a
subdivision amenity, and a subdivision entryway feature.
II. SUMMARY OF REPORT
A. Project Summary
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
Description Details
Acreage 2.28
Future Land Use Designation Medium-High Density Residential
Existing Land Use Vacant
Proposed Land Use(s) Subdivision accessory structure and amenity
Current Zoning R-8
Proposed Zoning NA
Physical Features (waterways,
hazards, flood plain, hillside)
Ten Mile Creek runs along the west boundary of the site
Neighborhood meeting date; # of
attendees:
April 3, 2019; 0 attendees
History (previous approvals) AZ-14-012; PP-14-014; H-2018-0027 (Final Plat)
Meridian City Council Meeting Agenda June 4, 2019 – Page 133 of 467
Page 2
B. Project Area Maps
III. APPLICANT INFORMATION
A. Applicant:
Brian Garrett, OA+D – 210 N. 6th Street, Boise, ID 83702
B. Owner:
Toll ID I, LLC c/o Toll Bros., Inc. – 250 Gibraltor Road, Horsham, PA 19044
C. Representative:
Chad Hamilton, Trek Commercial Development – 3023 E. Copper Point Drive, Meridian, ID 83642
Future Land Use Map
Aerial Map
Zoning Map
Planned Development Map
Meridian City Council Meeting Agenda June 4, 2019 – Page 134 of 467
Page 3
IV. NOTICING
City Council
Posting Date
Newspaper Notification 5/3/2019
Radius notification mailed to
properties within 300 feet 4/30/2019
Radius notification published on 4/30/2019
Nextdoor posting 4/30/2019
V. STAFF ANALYSIS
Per the applicant, the position of this structure is a result of the Nampa & Meridian Irrigation District
and the previous property owner placing an irrigation pump and related equipment at this location. In
order for the irrigation pumps to be supplied power, Idaho Power requires the pump to be contained
in an enclosed structure. This facility will serve the irrigation needs of the surrounding subdivision
and is a requirement of the development to provide a pressurized irrigation system for the Orchard
Creek development in accord with UDC 11-3A-15. During the construction of the facility, the
applicant chose to relocate the facility closer towards Lake Hazel in order to provide more of a
recreational amenity for the subdivision. Because the pump facility was not located on a separate lot
as required by the UDC, it is now proposed to be located within the entryway corridor street buffer
along Lake Hazel Road which violates the setback requirements of the R-8 dimensional standards.
The applicant requests a variance to deviate from the dimensional standards of the R-8 district listed
in UDC Table 11-2A-6. Because this site is located on an entryway corridor, E. Lake Hazel Rd.,
Table 11-2A-6 requires a thirty-five foot (35’) landscape buffer. The southwest corner of the structure
is proposed to be located approximately 28’ from the right-of-way of E. Lake Hazel Rd. which puts it
in the required landscape buffer, see Exhibit D.
Meridian City Council Meeting Agenda June 4, 2019 – Page 135 of 467
Page 4
Table 11-2A-6:
NOTE: The dimensional “street setback” standards listed in Table 11-2A-6 are intended to be
requirements for residential structures and are not necessarily meant to apply to quasi-commercial
structures such as this pump house/amenity/entrance building. This is apparent by the language
used to describe the standards, such as “dwelling unit”, “garage”, and “living area”. As this
structure is not a residential use, and does not have a “living area” but rather is a subdivision
amenity and pump house, staff believes it is appropriate to look to commercial zones for guidance
on what appropriate setbacks are. Per Table 11-2B-3, commercial setbacks are generally zero feet
(0’) and measurements are taken from the ultimate location of the right-of-way. Staff supports the
application of these commercial standards to this structure and as such, the residential dimensions
of Table 11-2A-6 do not apply. Staff has discussed internally codifying this determination with a
future UDC text amendment.
The lot that houses the structure is an unusual shape and contains a number of constraints which
reduce the buildable area. These include the Ten Mile Creek and an ACHD easement along the
western boundary, a City of Meridian water easement to the north, a collector street (S. Arable Way)
to the east, and an arterial road (E. Lake Hazel Rd.) to the south. While these site features do pose
limitations, staff believes there is sufficient space for a structure of this size without encroaching into
the required landscape buffer. However, relocating the structure elsewhere on the property would not
be feasible at this time as the irrigation facility is currently supplying water to the development.
Further, the applicant does not have additional land area to place the irrigation facility on a separate
dedicated lot in accord with UDC 11-3B-6E.
In regards to public safety, this structure meets the requirements of vision triangle in accord with
UDC 11-3A-3B. Staff has no concerns of the impact of this structure with any other public safety
issues.
Meridian City Council Meeting Agenda June 4, 2019 – Page 136 of 467
Page 5
Staff supports the design and multi-purpose use of the structure. The appearance of the building is
visually attractive and emulates design features of other site amenities in the Orchard Creek
Subdivision (platted as Bicentennial Farms No. 1). The multi-use building benefits the subdivision as
a whole as it provides an additional amenity on an irregular shaped lot that would otherwise be
landscaped as open space.
Staff has received a complete Certificate of Zoning Compliance (CZC) and Design Review (DES)
application which originally brought this code violation to light. Should Council grant this variance,
staff will review the proposed development for compliance with all applicable City of Meridian code
and design requirements through the CZC/DES process.
VI. DECISION
A. Staff:
Staff is recommending denial of the subject Variance application based on the Findings
listed in Section VIII of the Staff Report.
B. City Council:
The Meridian City Council heard this item on May 21, 2019. At the public hearing, the
Council approved the subject variance request.
a. Summary of City Council Public Hearing:
i. In favor: Brian Garrett of OA+D
i. In opposition: None
ii. Commenting: None
iii. Written testimony: None
iv. Staff presenting application: Kevin Holmes
v. Other staff commenting on application: None
b. Key issue(s) of Public Testimony: None
c. Key Issues of Discussion by Council: None
Meridian City Council Meeting Agenda June 4, 2019 – Page 137 of 467
Page 6
VII. EXHIBITS (ATTACH AS PDF DOCUMENTS TO THE STAFF REPORT.)
A. Site Plan (date: 3/31/2019)
Meridian City Council Meeting Agenda June 4, 2019 – Page 138 of 467
Page 7
B. Landscape Plan (date: 2/28/2019)
Meridian City Council Meeting Agenda June 4, 2019 – Page 139 of 467
Page 8
C. Building Elevations/Renderings (date: 3/1/2019)
Meridian City Council Meeting Agenda June 4, 2019 – Page 140 of 467
Page 9
Meridian City Council Meeting Agenda June 4, 2019 – Page 141 of 467
Page 10
D. Landscape Buffer Encroachment
Meridian City Council Meeting Agenda June 4, 2019 – Page 142 of 467
Page 11
VIII. FINDINGS
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:
In regard to the variance to UDC 11-2A-6 for the encroachment into the landscape buffer,
Council finds granting a variance would not grant a right or special privilege that is not otherwise
allowed in the district.
B. The variance relieves an undue hardship because of characteristics of the site;
Because the site is constrained by the Ten Mile Creek and ACHD and City of Meridian easements,
Council finds granting the variance would relieve an undue hardship because of characteristics of
the site. If the structure was to be moved outside of the landscape buffer to comply with code the
size of the dog park would be limited, reducing the benefits to subdivision residents. Further,
relocating the structure elsewhere on the property would not be feasible at this time as the irrigation
facility is currently supplying water to the development and the applicant does not have additional
land area to place the irrigation facility on a separate dedicated lot in accord with UDC 11-3B-6E.
C. The variance shall not be detrimental to the public health, safety, and welfare.
Council finds granting the variance would not be detrimental to the public health, safety, and
welfare.
Meridian City Council Meeting Agenda June 4, 2019 – Page 143 of 467