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King Street Station Sub VAR HUB OF TREASURE VALLEY OFFICIALS COUNCIL MEMBERS A GOOd PIaCC t0 L1VC WILLIAM G. BERG, JR., City Clerk RONALD R. TOLSMA MAX YERRINGTON JANICE L. GASS, Clty Treasurer CITY OF MERIDIAN ROBERT D CORRIE GARY D. SMITH, P.E. City Engineer . WALT W. MORROW BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, waste Water supt. 33 EAST IDAHO WAYNE S. FORREY, AICP KENNY W. BOWERS, Fire Chief " " MERIDIAN, IDAHO 83642 Planner & Zoning Administrator W.L. BILL GORDON, Police Chief JIM JOHNSON WAYNE G. GROOKSTON, JR., Attorney Phone (208) 888-4433 ~ FAX (208) 887-4813 Chairman -Planning 8 Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian ~..Q,~, City Council, may we have your answer by: TRANSMITTAL DATE : ~ ' ) ~ " ~ y HEARING DATE • ~ ' ~ ~ ` g ~ REQUEST: t BY• 1~+~• LOCATION OF ~~~ ~L~ C;~ _ ~ ~ ~ v JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON,C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIIDAN SCHOOL DISTRICT MERIDIAN POST OFF.(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRR. DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST (PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUR OF RECLAMATION(FRELIM & FINAL PLAT) CITY FILES OTHER• YOUR CONCISE REMARKS: .~.~~~ CITY OF MERIDIAN ~ °~-~~,°~-~~ 33 E . I DAHO AVE . CZ ~ ~ ~~~ ~~'`~`~~'~~~ MERIDIAN, IDAHO 83642 VARIANCE APPLICATION (RE: Meridian Zoning Ordinance) NAME : D.J. INVESTMENTS PHONE ~~f-/S ~~`~' 9/// (Owner or holder of valid option) ADDRESS: 1035 E. HILLSDALE BLVD., SUITE 160, FOSTER CITY, CA 94404 GENERAL LOCATION : ( 415 ) 574-9111 LEGAL DESCRIPTION OF PROPERTY : SW 1 /4, SW 1 /4, Section 7, T 3N, R 1 E. LOCATED ON SE CORNER OF KING ROAD AND MERIDIAN ROAD INTERSECTION. * PROOF OF OWNERSHIP OR VALID OPTION: A copy of your property deed or option agreement must be attached. PRESENT ZONE CLASSIFICATION ~ * VICINITY SKETCH: A vicinity map at a scale approved by the City showing property lines, streets existing and proposed zoning and such other items as the City may require. SURROUNDING PROPERTY OWNERS: A list of all property owners and addresses within contiguoug to, directly across the street from, and within a 300' radius of the parcel(s) proposed for a Variance must be attached. (This information is available from the County Assessor) DESCRIPTION OF PROPOSED VARIANCE : Variance from side yard setback requirements of 5'/story to allow for zero Lot Line Development -- similar to Condominium Development. SIGNATURE: CITY COUNCIL RECORDS Date Received ~/ ~~ _ ~3 City Council Hearing Date Received By 930730 • ~J ~~~.~~~ Wayne Forrey N O V 2 2 1993 City of Meridian CITY CI: ~~fi~I~~I3o~"~f~ 33 E. Idaho Ave. Meridian, ID 83642 RE: Supplemental information for a variance request (side yard setback) on the proposed King Street Station Subdivision. In response to the supplemental application sheet, the following information is provided for your review: 1. 2. 3 4 5. 6. 7 Address of Subject Property: Not available; however, the property is located at the Southeast Corner of the King Street and Meridian Road intersection. Name, address, and phone number of the applicant: Applicant/Owner: Engineer: D. J. Investments Briggs Engineering 1035 E. Hillsdale Blvd. Suite 160 1111 S. Orchard, Suite 600 Foster City, CA 94404 Boise, ID 83705 Name, address, and phone number of the owners of the subject property: See Item #2 (above)--owner and applicant are the same. Proof of ownership: See attached Warranty Deed (Attachment A). Legal description of the property: SW 1/4, SW 1/4, Section 7, T3N, R1 E. See attached legal description (Attachment B). Present use of subject property: The property is currently undeveloped. Proposed use of the subject property: Construct five (5) four-plex units on the 1.16 acre site. The dwelling units in 1 • • each four-plex will share common walls; however, each of the 20 dwelling units will be privately owned (i.e. condominiums). 8. Zoning District: The property is zoned OT (Old Town). 9. Vicinity Map: See Attachment C. 10. Schematic plans of elevation and floor plan: See Exhibit A. 11. List of property owners within 300 feet of the site. See Attachment D. 12. Site characteristics which prevent compliance with the requirements of the ordinance: Parcel size: The 1.16 acre parcel is rather narrow (ranging from a approximately 160 feet to 150 feet) to accommodate all of the requirements of medium-high and high density development which include items such as traffic flow, adequate parking, and pedestrian access and movement. Power transmission lines: Because of the existence of the overhead power transmission lines, the development of the southern portion of the site is significantly affected. There is a 15 foot horizontal setback requirement on each side of the transmission lines. Street Frontage and Access: The parcel is fronted on both King Street and Meridian Road. In order to maintain the aesthetics of the property, and thereby maintain the appearance of one of the primary access corridors into the City of Meridian, sufficient landscaping and setbacks should be observed--as demonstrated by the preliminary plat of the site. Such design does reduce the buildable area of the already limited developable area. In addition, access and parking must be addressed from two streets--a requirement that further limits he developable area. 2 • 13. Minimum ordinance requirements that need to be reduced for this property: The minimum requirement that must be considered for this proposal to be successful is that of a five foot (5') per story setback between individual (privately owned) dwelling units. This design clearly meets the setback requirements between individual four-plex units. Infill: Because the OT zoning district encourages mixed uses, including medium-high to high density residential development, special consideration should be given to infill development to render it capable of conformance with the purpose statement and intent of the ordinance and comprehensive plan. 14. Difficulty or hardship which will result with the application of the Ordinance: Density of infill development: The applicant's intentions are to create a truly urban residential subdivision which contributes to the "mixed use goals" of the OT zoning district. This unique townhouse development will renew and revitalize the OT district and provide new, privately owned, and: affordable residential units instead of rental type development. Without a variance from the side-yard setback requirements (as they relate to the townhouses in each four-plex unit) such unique designs and development are not possible under current Meridian City Ordinances--and this property may develop, at some future date, into a normal "rental type" development. Furthermore, it is difficult to develop this site with a reasonable infill density, with all of the required access and parking requirements, when each individual townhouse unit must maintain a five foot (5') per story setback. Such development would waste valuable infill property and severely limit the development of individually owned units. 15. Unusual or peculiar circumstances which indicate that the regulations of this Ordinance should not be strictly applied: Rental development -vs- townhouse development: If this site were developed as a four plex "rental" units (not platted townhouse lots) then this development would comply with the ordinance and setback requirements -- between dwelling units and between buildings; however, because there is an intent to sell each dwelling unit separately (instead of being sold as a four-plex unit) then the side yard setback requirement applies between each unit and between each building. 3 • • 16. -18. Special Circumstances or Conditions, Literal interpretation: Such zero-lot line type development has occurred in the area in the past. However, at the present time, the only way to have azero-lot-line type of development is to build apartments and retain ownership. A waiver of the side yard setback requirements with respect to the individual dwelling units in each building will address a deficiency that exists in the zoning ordinance. Denial of this variance request prohibits the owner from selling individual units and maintaining the proposed density of the zone. 19. Special privileges: The granting of this variance does not give the land owner any special privilege since rental units are already allowed to share common walls. This request simply addresses a deficiency in the ordinance and permits a development that is similar to other zero-lot line development in the city. 20. Relationship of the Variance to the Comprehensive Plan: The Meridian Comprehensive plan promotes diversity in housing. This development will help fill a void and provide a unique housing opportunity in OT Meridian. 21. Fee Attached 22. Posting: Understood. 4 NOV-23-1993 10.53 FROM BRIGGS ENGINEERING 8874813 P.02 TO • Variance Application Statement The purpose of this variance request is #o enable the owner of the property to develop a zero-lot line, affordable townhouse development. In order for this townhouse development to proceed, it is neces~ry to obtain a variance from the side yard setback requirements. Keep in mind that each of the four-plex units wil! comply with ail of the setback requirements, the variance is needed allow zero-lot-fine development between the individual dwelling units in each four-plex building (similar to condominium development)_ Under present Meridian City Ordinance, this proposal is acceptable as an apartment development (with no variance required), yet because the two story units in each four- plex unit are to be individually owned, the side yard setback requirements (five feet per story) of the 07 zone apply. In other words, without variance approval each of the 20 dwelling units must be separated from the other units by at least a 1fl foot side yard setback. The site is further limited by easement/setback requirements that exist due to an ov®rhead power transmission line, two street frontages with acxess to the site, parking requirements, and the narrow nature of the parcel (150 - 160 feet wide). Without variance approval for the side yard setback requirements (as it relates to the dwelling unite in each building), it is impossible for the owner to comply with the medium-high to high density goals of the OT zone and provide an individually owned, single family dwelling unit product. TOTAL P.02 ~ -= ~- _--- = Q= --~ - - - a ~--= °~ _ ~ .-; d. J ~~~ ~ - ~ ~ L -~' ' o • r ' ~- ~_ J/ ~ Z ~--~• ^ ~ _-1~~.~-- J F iii ,. ,I r--- __--~ 4-~' .~ __--~ ~; '.~- -, ..~ rte. _--J ~ ~ r _ ~ ~ ~~~. r'-'-mow ..~~"~ ~~~ O• I 9'CL r -~ .~ r r .~ s~ Q ~iuQ O~ ti~ L~~ ~ ^ Q r ;~ ~ O __ aC-~ ~' 2 -- , e ;. a 3_-- ~ z- i Qm~ ~~~-~~~ e F"'~ `- ` ii V) ~F ~ h ~ ~. N N•~~~ ~ • 1 ••'~~~ _~ ~ . ~~ ~--- ~ ' _ _ .__ O~O ~ 1 I ' .. ` J 0 .o r j I • ® ~ .7~ _ I ~~ ~ ~ ly ~ O O •~ p~Z ~ S?M o ~u _ O ,~2 ~~ ~~~ ~ I~ © O I~ Q ~. ~4 ~ a -o `J .^•; J ~ ~ N, a oq `=y -g '~ s•zeE~ •L I- 6 i 0 a i i t i i ~= '"'~ ~ o- ~i~ ~ --~ i -~, 1 I VI I y •gFi r • • r.. 0 ~~ ao ~~- ~A o «~ ot6 1 L•s ~~ N ' ~~ ~ \KINGPREI • • DESCRIPTION FOR KING STREET STATION SUBDIVISION November 9, 1993 A parcel of land located in the SW 1/4 of the SW 1/4 of Section 7, Township 3 North, Range 1 East of the Boise Meridian, Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the southwest comer of Section 7, T.3N., R.1 E., B.M., thence N 0°00'00" E 157.68 feet along the west line of said Section 7 to a point; Thence N 90°00'00" E 30.00 feet to a point on the easterly right-of-way of Meridian Road, the Real Point of Beginning of this description; Thence N 0°00'00" E 329.74 feet along said easterly right-of-way to the intersection with the southerly right-of-way of King Street; Thence N 88°34'46" E 160.00 feet along said southerly right-of-way to a point, this point being the northeast corner of the west 10' of Lot 12, Block 3 of Williams Addition to Meridian, Idaho; Thence S 0°00'00" W 126.92 feet along the east line of said west 10' to a point on the south line of said Lot 12; Thence S 88°34'46" W 10.00 feet to the southwest corner of said Lot 12; Thence S 0°00'00" W 202.88 feet to a point on the south right-of-way line of Williams Avenue, said point also being the northwest corner of Lot 12, Block 4 of Williams Addition; Thence S 88°36'15" W 150.00 feet to the Real Point of Beginning of this description. This parcel contains 1.16 acres more or less. .~ E E I v ~ Q ~ 20 Michael E. Marks, No. 4998 y~ ,,~, F ~ ~~ tiq f~ E ~P 930730 • • PROPERTY WITHIN 300 FEET KING STREET PROPERTY Parcel Number Name and Address S1107336300 Dean & Phyllis L. Bentley, 7080 N. McMillan Rd., Meridian, ID 83642 S1107336400 Emest & Allene Lembke, 4511 Fairbanks, Midland, TX 79707 89426000225 George B. Davis, 1988 S. Springbrook Ln., Boise, ID 83707-6103 89426000285 Atwater, Fay G.,Go Emest Lembke, 4511 Fairbanks, Midland, TX 79707 89426000306 Catholic Social Services of Ada County, Inc., 6464 W. State, Boise, Idaho 83703 . 89426000415 Floyd & Susie Robinson Family Trust, Joan Smith Trustee, 3772 Grenadier, Meridian, Idaho 83642 89426000435 Wayne S. & Karen L. Forrey, 3045 Thayen PI., Boise, Idaho 83709 81039000005 Dale E. & Violet D. Blake, P.O. Box 57, Star, Idaho 83669-0057 81039000025 Lawrence M. & Delilah Slay, 2911 Lemhi, Boise, Idaho 83709 81039000035 Riley Clarkson (et ux), 41 Ada, Meridian, Idaho 83642 81039000055 Loren R. Wheeler, 220 E. 37th, Suite A, Boise, Idaho 83714 81039000065 Viola & Raynor Ruth. Bielick, 13 E. Ada, Meridian, Idaho 83642 81039000082 Robert L. & Linda G. Hickman, 300 N. Meridian St., Meridian, ID 83642 81039000092 T & T Investments, 43 E. Fairview, Meridian, Idaho 83642 81039000115 F. Mark & Nettie M. Burnham Trust, Burnham, F.M. & N.M. Co. - Trustees, 42 E. King Street, Meridian, Idaho 83642 81039000130 Richard G. Davis and Sydney Tatro Davis, 231 E. 1 st, Meridian, ID 83642 S1118223260 E. C. & Elizabeth Coryell Trustees, 97 E. 1st, Meridian, ID 83642 930730 ~ • • Parcel Number Name and Address 87567750010 Mary E. French, P.O. Box 205, Meridian, Idaho 83642 87567750015 Zeland & Gladys F. Durfee, 6 Rose Cir., Meridian, Idaho 83642 87567750021 Kathy L. Uhling, 8 Rose Cir., Meridian, Idaho 83642 87567750024 Davis G. DeRoven, 10 Rose Cir., Meridian, Idaho 83642 87567750030 Claude G. & Irene A. McKercher, Go Buyer: Mary Jo Jensen, 12 Rose Cir., Meridian, Idaho 83642 88342000275 Calvin & Tracey Dillabaugh, 323 12th Ave. S., Nampa, ID 83651 88342000325 Joan Ross, 3245 S. Locust Grove, Meridian, Idaho 83642 82974860012 Ronald E. & Cheryl A. Byron, 1908 SE 5th, Meridian, Idaho 83642 82974860085 DAVCO Services, Inc., 225 N. Meridian Road, Meridian, Idaho 83642 930730 2 11-uy-~~ cne roe~r ;y~rasan cOVwrur ar. s~e$WART TITI.~ w-v wwnero~Vm•y oa~> ~~--~- :1JA G':ut;T~.ID.FC:t J. DAVID t~A1~:FRU ~~~~ RECORDER BY '93 RUG Z HI910 5? AgpyETJtM LtNS Po+~ ° eArw.w.~~ Otde= rjp,: 93041963 pN-Pa WA,R~tANTY D~ MARJORTS A. Dffi4TON, A p~Riti#3T~ ~~ ~ AS HBR SOLE pQR YALUfs RBCI~ A MARRIED 110LQLD1 AID SSPhRATB PRlDPP1RT'1 acrid BA1tBARA R~ttA, ~p 931p11RATB p1iOpBRTY uMo ~ IpV8t374lZ~TS (iRANl'OR(+~. daeKdo} heck ~T' gpR(9AtN, SEI.t• arrd COIiVBY IPC. , Act IDA80 ppRpORATI0IQ addreu is: 1435 S. HILLSD7-~8 BAVD • , ~u0' ypgT6ta CITY, ~~), .chase aar+est ADA County, StatR of Idaho, mt>~ ~y 9~~abwroi destxibed red pr'ap~Y in dcaoctbed ssi tbRovY6, oo wk: ! g gXRISIT "A", which 17Y Ibis P,a set forth on the attache xa=Qreace becomes a part nereor. • tht said ptemiae., with their sppu~ ~o ~ ~)• ~ TO HAVB ANiD TO HOU7 ~ ~ hesaby oovctgrtt: ~tls the said matte(s) peira and aasisns !brewer. t-nd dto aeid ~~~ of said premfeea+ ~ sand prems+~ ~ ts),~ Qrantotts) ia(ace ~ owner(s) to fee scrap is expcnnly tnede subject and those ~> or dons bb,the C#[an~a(~a~ ~ ~ l ~ atioro, esMcuons, ~ C3sa~or( ~ara"'°"t sad defad a~m~. (i; any) of record, and resets! taotea dum tnd~. ~ s} wtil if airy) ~ ~ etnr'ant yam' ~~ are not yet the same from aU lavfirt ciaima wh~• Dated: July 36, 1993 Jf~'-'~ MAR..70R A. DBN't'ON STATE O~~`~'r~~~ (S)e,,~ ~ COUI'~TY 08 '7 ~ ~"- On shisp~q f ~-aay of ~v,-Q.l , in the Tear of p~onatly~ aPF~~ MARJORI public in end for said Scam, g,7tR8ARA ROL~O !g g3 , bcfota me, ttte ~' a 1`totsry 8 A. DSN'1`ON a ' s whose name(s) Ware ~bseeibed to ffie within + a~ !mown of identi~l ~ rrte to be the persad ) kd~d to me that he(ehdthey e~cecutod the saute. s ~'" ~ amt a r~o u,o..a.~r~~ax `-.., . Name: ~ RestdirrR at ~' ~ r1 ~,1 _ Q/., ~~ Uy-yJ v.,.,,,;:.u ui,,u BUG ~ ~ U~G,i lU J4~L~~U C s UU4i(IU4, ~ ~~ ,~~ a ', nRDER N0. 93a~6~'~P-PB ~~1 t~ 1~. ~.;; f ~ .. ~ S~ ~ . TtiXFITBIT •A" PARCEL A Beg~tnning at Che Sontharest corner of Lot x2, Hlock 3, WILLIAMS ADDITION to the City of Meridian, Ada County. Idaho; thence 1+Tt~:rCh along the Weat boundary lime of waid Lot 12 a distance of 126.92 feet to a point on the • South right. of way line of King Street; thence west along the South right of Way lime of King Street a distance of 150 feet to a pof.nt en the East boundary right of way line o= Merid~.an Str®et; thenc® 9auth along the East right cf way line of Meridian Street a $istanCe of 126.92 feet to a point; thence Easterly a dlscance of i5o £eat tc th6 pozrr~ o~ • HEGTNNXNG. azld PARCEL B Hegi.nning at the Northwest corner of Lot 12 in Block 4, WILLiAM.S ADDITION Lo the C~.t]+' of Meridian, Ada County, Idaho; thence North 202.92 feet Co a point being the Southwest career of Lot 12, H1QCk 3, WtLLIAMS ADDITION; thence Worst 150 feet to a point on Che Feet right of : way line of Meridian Street; thence South along the East right of way line of Meridian Street a distance of aoa.92 feet to a point; thence ~ Easterly a distance of 150 feet to the POINT OF , BPGINrIING . QARCFL C The i~VeBti 10 feet of Lot iZ, Hlock 3, WILLIAMS AUDITION to Che City of Meridian, according to the Official Plat thereof, tiled in Book 3 of Plats at Forge 127, records of Ada County, Idaho. ~_ ~.. .., f • Meridian City Council March 1, 1994 Page 9 Tolsma: Second Kingsford: Moved by Walt, second by Ron to approve the variance for Salmon Rapids Subdivision, all those in favor? Opposed? MOTION CARRIED: All yea ITEM #3: FINDINGS OF FACT AND CONCLUSIONS OF LAW: CONDITIONAL USE PERMIT FOR KING STREET STATION SUBDIVISION WITH A PRELIMINARY PLAT: Kingsford: Has Council reviewed those findings? Ron, do you have any questions or comments? Is there a motion then? Morrow: So moved Corrie: Second Kingsford: Moved by Walt, second by Bob to approve the Findings of Fact and Conclusions of Law for King Street Station, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea: MOTION CARRIED: All Yea Kingsford: Entertain a motion on the Conditional Use Permit. Yerrington: So moved Morrow: Second Kingsford: Moved by Max, second by Walt to approve the Conditional Use Permit for King Street Station, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All Yea ITEM #4: FINDINGS OF FACT AND CONCLUSIONS OF LAW: VARIANCE REQUEST FOR KING STREET STATION SUBDIVISION: Kingsford: Any questions or comments? . ~' ti Meridian City Council March 1, 1994 Page 10 • Corrie: Mr. Mayor I will move the Findings of Fact and Conclusions of Law be accepted. Tolsma: Second Kingsford.: Moved by Bob, second by Ron to approve the Findings of Fact and conclusions of Law for the variance request on King Street Station, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All yea Kingsford: Entertain a motion on the variance. Corrie: Mr. Mayor, I move we approve the variance request. Yerrington: Second Kingsford: Moved by Bob, second by Max to approve the variance request of zero ...lot for_King_Street Station, roll- call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All yea ITEM #5: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REZONE REQUEST FOR SCOTTSDALE ESTATES SUBDIVISION WITH A PRELIMINARY PLAT: Kingsford: Any comments on that? Crookston: I have a comment really in regards to the Conditional use in the findings there were references made that the parking as they have it designed does not meet our ordinance, it says that. Kingsford: Mr. Crookston, can I interrupt you, are you talking about the item that we just finished? Crookston: Yes, I'm sorry. Our ordinance requires where they have separate lots that the parking be adjacent to the use, the parking as they have it laid out now is a separate parking lot basically on the outer boundaries of the design for the entire area. They need to be aware that its in the findings that there is a reference to • • MERIDIAN CITY COUNCIL MEETING: MARCH 1. 1994 APPLICANT: D.J. INVESTMENTS AGENDA ITEM NUMBER: 4 REQUEST: V/~RIANCE R~aUEST FOR KING STREET STATION SUBDIVISON A N Y OOMMENTS CITY CLERK: CITY EINGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: FINDINGS OF FACTS AND CONClUSiONS OF LAW CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: • C~ BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN D. J. INVESTMENTS APPLICATION FOR A VARIANCE FROM TSE SIDE YARD SET-BACK REQUIREMENTS AND OTHER ORDINANCE REOUIREMENTS KING STREET AND MERIDIAN ROAD FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled variance request having come on for consideration on February 15, 1994, at approximately 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, the Petitioners appearing through Becky Bowcutt, and the City Council having heard and taken oral and written testimony, the City Council of the City of Meridian makes the following: FINDINGS OF FACT 1. That notice of the public hearing on the variance was published for two consecutive weeks prior to the scheduled hearing for February 15, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the February 15, 1994, hearing; that copies of all notices were available to newspaper, radio and television stations. 2. That the notice of public hearing is required to be sent to property owners within 300 feet of the external boundaries of the land being considered pursuant to 11-2-416 E . , 11-2-419 D. , and 11-9-612 B. l.b. of the Revised and Compiled Ordinances of the City FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 • of Meridian; that this requirement has been met. 3. That Ordinance 11-2-410 A, ZONING SCHEDULE OF BULK AND COVERAGE CONTROLS, requires that residential structures be set back on the side yard lines 5 feet from the property boundary; that the City Engineer commented that two car garages were required and that 11-2-414 D. required the parking to have 19 feet of parking space and 25 feet of isle space; the requirement of the Meridian Comprehensive Plan of a 35 foot set back along Meridian Road, as an entry corridor, was also commented on; Applicant requests a variance from that these requirements. 4. That the Applicant is requesting it be granted a variance from the above requirements and be allowed to have a zero lot lines for construction of town house type homes, which would be on individual lots and individually owned; the property is zoned Old Town and the Applicant has applied for a Conditional Use Permit to construct the town houses. 5. The property in question is described in the application and is incorporated herein as if set forth in full; the property is in the southeast quadrant of the intersection of Meridian Road and King Street, Meridian, Ada County, Idaho, and is zoned Old Town. 6. That the Old Town District is described in the Zoning Ordinance in Section 11-2-408 B. 12. as follows: (OTj Old Town District: The purpose of the (OTj District is to accommodate and encourage further expansion of the historical core of the community; to delineate a centralized activity center and to encourage its renewal, revitalization and growth as the public, quasi-public, cultural, financial and recreational center of the City. A variety of these uses integrated with general business, medium-high to high density residential, and other related uses is encouraged in an effort FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 • to provide the appropriate mix of activities necessary to establish a truly urban City center. The district shall be served by the Municipal Water and Sewer systems of the City of Meridian. Development in this district must give attention to the handling of high volumes of traffic, adequate parking, and pedestrian movement, and to provide strip commercial development, and must be approved as a conditional use, unless otherwise permitted. 7. That 0-lot lines are not specifically allowed under the Zoning Ordinance but they are addressed in the R-15 description in 11-2-408 B 5. as follows: (R-15) Medium High Density Residential District: The purpose of the (R-15) District is to permit the establishment of medium-high density single-family attached and multi-family dwellings at a density not exceeding fifteen (15) dwelling units per acre . All such districts must have direct access to a transportation arterial or collector, abut or have direct access to a park or open space corridor, and be connected to the Municipal Water and Sewer systems of the City of Meridian. The predominant housing types in this district will be patio homes, zero lot line single-family dwellings, town houses, apartment buildings and condominiums. 8. There was discussion about the necessary size of the parking spaces; that Applicant's representative felt that a 24 foot isle space was adequate even though the City Engineer had commented that 25 feet was required under Ordinance and desired a variance; that there was no specific testimony or evidence presented regarding this variance. 9. There was discussion about whether two car garages were required; this came up because the City Engineer had commented that two car garages were required; the Applicant's representative stated that two car garages were not required under the City Ordinances for attached dwellings; that the Applicant proposes to construct town houses and have parking on different lots than where the town houses will be located. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 • 10. That 11-2-411 H and I require that single-family detached housing units and duplexes have garages that will house least two standard size automobiles; that two car garages are not required for other types of residential dwellings. 11. That 11-2-414 C, LOCATION OF OFF-STREET PARKING, 2., states that parking spaces accessory to dwellings shall be located on the same zoning lots as the use served; that the City has approved projects in the past but not required the parking to be located near the buildings because all of the buildings were located on one lot or parcel of property. 12. The Meridian Comprehensive Plan requiring a 35 foot set back along entry way corridors was adopted after this present application was filed. 13. That no other comments regarding the variance were received and no person appeared to testify regarding the variance. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City has authority to grant variances pursuant to Section 11-2-419 of the Zoning Ordinance and pursuant to Section 11-9-612 of the Development Ordinances. 3. That the City Council has judged this application by the guidelines, standards, criteria, and policies contained in the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 i ! Zoning Ordinance and upon the record submitted to it and the things upon which it may take judicial notice. 4. That the Council may take judicial notice of its own proceedings, those of the Commission, governmental statutes, ordinances, and policies, and of actual conditions existing within the City and the State. 5. That the Old Town District does require a conditional use permit for any type of development; that under a conditional use permit an R-15 development could be allowed in Old Town under 11-2- 407 D., USES NOT SPECIFICALLY PERMITTED OR LISTED IN DISTRICT; if a conditional use were granted and a 0-lot line development could be contemplated even though not specifically stated as being as being an allowed permitted use. 6. It is concluded that under 11-2-408 B. 5. 0-lot lines are contemplated; that the Zoning Ordinance does not speak to 0-lot lines however and so the Applicant did need to apply for a variance; but, since they are contemplated in the R-15 district, the strict variance requirements need not specifically be met. 7. That it is concluded that two car garages are not required in the zoning districts other than for single-family detached dwellings or for duplexes. 8. That it is concluded that since the Meridian Comprehensive Plan was adopted after this Application was filed that the 35 foot setback requirement is not applicable and need not be met. 9. That the following provisions of Section 11-2-419 A, of FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 • the Zoning Ordinance is noted which is pertinent to the Application: 11-2-419 A. The Council may authorize in specific cases a variance from the terms of this Ordinance or from the Subdivision and Development Ordinances as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this Ordinance would result in unnecessary hardship. No non-conforming use of neighboring lands, structures or buildings in the same district and no permitted or non-conforming use of lands, structures or buildings in other districts shall be considered grounds for issuance of a variance. Variances shall be granted only where strict application of the provisions of this Ordinance would result in unnecessary hardship. A variance application does not go to the Commission unless directed by the Council. 8. That the specific requirements regarding a variance that must be evidenced and found by the City Council are as follows: 11-2-419 C. FINDINGS A variance shall not be granted unless (as a result of a public hearing) the Council makes a statement of supportive reasons based directly on the evidence presented to it which supports conclusions that the mentioned standards and conditions of this Ordinance have been met by the applicant and unless all of the following exist: 1. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Ordinance would clearly be impracticable or unreasonable; 2. That strict compliance with the requirements of this Ordinance would result in extraordinary hardship to the owner, subdivider or developer because of unusual topography, other physical conditions or other conditions which are not self-inflicted, or that these conditions will result in inhibiting the achievements or the objectives of this Ordinance; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 • • 3. 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; 4. That such variance will not have the effect of altering the interest and purpose of this Ordinance and the Meridian Comprehensive Plan. 9. That there does appear to be a specific benefit or profit, economic gain or convenience to the Applicant because the Ordinances of the City do not allow 0-lot line development, specifically, and the Applicant presented no evidence to the Council that there was extraordinary hardship to the owner, subdivider or developer because of unusual topography, other physical conditions or other conditions which are not self- inflicted, or that the set back requirements would result in inhibiting the achievements or the objectives of this Ordinance; but the R-15 description, which could be allowed under a conditional use in the Old Town District, does speak to ) -lot lines as being an appropriate use and therefore the strict requirements of a variance for the 0-lot line variance are not deemed appropriate. 10. Therefore, regarding specifically concluded as follows: 0-LOT LINE VARIANCE Section 11-2-419 C, it is a. That there are special circumstances or conditions affecting the property that the strict application of the provisions of the set back Ordinance would clearly be unreasonable since 0-lot lines are mentioned as an applicable use in the R-15 zone, which could be allowed in Old Town under a conditional use. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 • b. That strict compliance with the requirements of the set back Ordinance would not result in extraordinary hardship to the applicant as a result of factors not self-inflicted but since 0-lot lines are mention as an applicable use in the R-15 zone it would be unnecessary hardship to deny the use, and granting of the variance would not unduly change the area. c. That the granting of the specified variance would 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 would not have the effect of altering the interests and purposes of the set back Ordinance or the Meridian Comprehensive Plan since 0-lot lines are mentioned as a predominant housing type in the R-15 district along with patio homes, dwellings, town houses, apartment buildings and condominiums. SIZE OF PARKING SPACES AND ISLE a. That there are no special circumstances or conditions affecting the property that the strict application of the provisions of the parking Ordinance would clearly be unreasonable. b. That strict compliance with the requirements of the set back Ordinance would not result in extraordinary hardship to the applicant as a result of factors not self-inflicted. c. That the granting of the specified variance would 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 would have the effect of altering the interests and purposes of the set back Ordinance or the Meridian Comprehensive Plan. That is specifically noted that since section 11-2-414 C, LOCATION OF OFF-STREET PARKING, 2., states that parking spaces accessory to dwellings shall be located on the same zoning lots as the use served, that the Applicant shall have to resolve the parking situation and the granting of a variance on the size of the parking space would not be in the best interest of the City when the parking status has not been totally resolved. TWO CAR GARAGE REQUIREMENT That no findings are made regarding this issue since it FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 • • is determined that two car garages are not required for the type of development that Applicant has applied for. 35 FOOT SET BACK That no findings are made regarding this issue since it is determined that the 35 foot set back Comprehensive Plan requirement is not applicable to this application, and shall not be required. 9. That it is concluded the Application for a variance to allow 0-lot line development should be granted, but the variance for the size of the parking spaces should not be granted. It is further concluded that the Applicant shall not be required to have two car garages and shall not be required to meet the 35 foot set back required under the Comprehensive Plan. APPROVAL OF FINDINC38 OF FACT AND CONCLUSIONS The City Council of the City of Meridian does hereby adopt and approves these Findings of Fact and Conclusions. ROLL CALL: COUNCILMAN MORROW VOTE COUNCILMAN YERRINGTON COUNCILMAN CORRIE VOTED ~~ COUNCILMAN TOLSMA VOTED MAYOR KINGSFORD (TIE BREAKER) VOTED APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 • DECISION • The variance to allow the 0-lot lines is hereby granted. The variance for the size of the parking spaces is hereby denied. The Applicant shall not be required to have two car garages and shall not be required to meet the 35 foot set back required under the Comprehensive Plan. MOTION : ~ /~ APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 L J Meridian City Council February 15, 1994 Page 11 Kingsford: The appropriate motion then would be to call for Findings of Fact and Conclusions of Law. Morrow: So Moved Tolsma: Second Kingsford: Moved by Walt, second by Ron to have the City Attorney draw Findings of Fact and Conclusions of Law on the issue of Salmon Rapids, all those in favor? Opposed? MOTION CARRIED: All yea ITEM #13: PROCLAMATION: FFA WEEK: Kingsford: I'm going to take a little executive privilege here and vary from the agenda, I'd hat to keep the young man from the FFA up late. I'd like to proclaim this week as FFA week. Whereas, the Future Farmers of America with vocational agriculture education is a strong force for America's agriculture; and Whereas, rne+nbers~f-thy FFA e~~tay~rag:are-standing--rale=ire-assuring the future progress and prosperity of our nation; and Whereas, the FFA motto--"teaming to do, doing to learn; earning to live, living to serve"-- gives direction of purpose to these future leaders for tomorrow's agriculture; and Whereas, the FFA performs the valuable service of developing leadership, encouraging cooperation, promoting good citizenship, teaching modern information, and inspiring patriotism among its members. Now, therefore I, Grant Kingsford, Mayor of Meridian declare the week of February 18 - 22, 1994 as FFA Week and encourage everyone to do so and remind the Council that the FFA is sponsoring a breakfast Friday morning 6:00 to 8:00 and encourage-you to be there. Would you like to come forward and get your proclamation. ITEM #6 AND #9: PUBLIC HEARING: VARIANCE REQUEST AND REQUEST FOR ANNEXATION AND ZONING WITH A CONDITIONAL USE PERMIT FOR KING STREET STATION SUBDIVISION BY D.J. INVESTMENTS AND BRIGGS ENGINEERING: Kingsford: I'll open the public hearing on items #6 & 9 with regard to King Street Station. Item #6 a variance request for King Street Station and item #9 is a request for annexation and zoning with a Conditional Use permit for King Street Station submitted by D.J. Investments and Briggs Engineering. At this time I'll • • Meridian City Council February 15, 1994 Page 12 invite the owner or his representative to begin first in the public hearing. Crookston: I'm questioning the comment that this is an annexation, this in not an annexation it is already in the City limits. I don't think you mis read that I think that is what it reads, but I don't think that is correct. Kingsford: Strike the annexation and zoning. Crookston: Its a Conditional use what they are asking for. Kingsford: Okay, so the rest of that is relevant. Crookston: The reason its a conditional use is that it is in Old Town and all uses require a conditional use. Kingsford: So does that require a preliminary plat? It doesn't, so everything else on the agenda with regard to this public hearing is right, strike annexation and zoning. So at this time the public hearing is open. ---- - --B~ecky=#3ov~cctrt-~=8rigge-l~n~i~e~rirtg. i ~ 1 i South Urct~ard,:.was sv~rcxn by the Attorney..... _..- _ ~ . Bowcut: Good evening Mr. Mayor and members of the Council. Basically what we are proposing here is 20 units total which consists of 5 4-plex units and we have submitted a conditional use application because it does lie within the Old Town zone. The Old Town zone under its purpose statement allows medium to high density multi-family and other mixed type commercial development. We are proposing that each one of these units be platted as a single unit, its called pad plat where you would plat each unit so that potentially a person could buy lot 2 and they would own that unit. And the walls here would meet all the applicable fire codes for fire walls. The code requires that we have 2 parking spaces per dwelling which we do meet that with 40 total. originally when we submitted this the Highway District stated that they did not want any connection to William Street and so we submitted it without any connection here or at the street back into Meridian Road. Then in mid-stream they changed their minds so we modified the plan to reflect their change of heart. Instead they indicated William Street does exist but we don't want it to proceed through Meridian Road and the reason being is the close proximity of the Franklin and Meridian intersection. They don't want another approach there for safety reasons. And because Meridian road is going to be upgraded to a collector standard street and it my understanding that Meridian City Council February 15, 1994 Page 13 the City has promoted that collector status. So what they said is since William Street is paved for only a short distance, let's bring that up to minimum standards, we'll require that you pave it from this point on up to where the existing asphalt lies. which is roughly around a 100 feet. Then they will allow us one approach here on King Street which is a local street and we have that entrance as far as we can get it away from the intersection of King and Meridian road. Basically we are utilizing about 10,800 square feet of building area and common area which will be the landscaped areas here we are at 22,108 square feet approximately and then we've got 17,811 square feet in hard surface. This would just be an access drive and this there would be no connection here to Meridian road in any fashion and we could landscape right through here. We did provide one handicapped parking space I couldn't find that it was required in the code but we went ahead and did it anyway. The developer plans on landscaping all along the perimeter here and obviously on these islands. I kept the parking at least at a minimum of 5 feet from adjoining unrelated parcels. As you can see here this building that lies right next to us is almost on our property line so I've shifted that over to put a landscaping strip through there. Now the Highway district was asking fora 45 foot dedication from centerline of Meridian road, but when you come back 45 feet this building sits at 40 feet, so it is going to take out this building right here. When I discussed that with=i~~~~e =tt~ey-=vuere- ur~war~=of how -close tk~at sat to the right of way. So they changed their mind and said give us 40 feet from centerline of Meridian road and as we clear these buildings here then have that taper down for the intersection in the event that they ever improve the intersection. We do meet the visual triangle here for the intersection with our structures and we will have to met that standard with our landscaping so we don't plant something that would prohibit visibility for someone pulling out on Meridian road. Now, in your code there is no mention of any type of zero lot line type of development as far as a subdivision is concerned and have your apartments which area zero lot line but somebody owns the entire building or a 4-plex which is similar. So, what we are proposing here is, according to Mr. Forrey kind of new to the City of Meridian its commonly done in other jurisdictions, normally through a conditional use or planned unit development and it allows a little variety as far as housing is concerned. Someone would own their own unit, they have a Homeowners association with protective covenants, and they pay monthly dues or some pay those on a yearly basis and that covers the cost of the maintenance of your parking areas, your landscaping and so forth. And we will provide Mr. Crookston with a copy of the protective covenants to make sure that all of these common areas will be cared for and maintained properly and that the protective covenants will assure that. One of the other things I wanted to mention, when I read through Gary's comments, Gary made a comment to the effect that a conditional use • • Meridian City Council February 15, 1994 Page 14 permit is requested in difference to the Ordinance requirement for duplexes requiring 800 square feet per unit with each unit having a 2 car garage. Each unit is 2 story and they will have 1053 square feet if you combine both stories and there is a colored rendering right there of the project and that is what the structures will look like from the front. Now when we met with Mr. Forrey one of the things he was concerned with was the aesthetics to the rear of the building. If we were to face the rear of this building, obviously these units face each other, he wanted this since this was one of the entryways into the City to be aesthetically pleasing so we have provided the City Clerk's office with elevation showing front and rear and the rear isn't just a flat wall. I think I have that in my file and I can show you that. As you can see they are real nice units, if everyone owns their own it won't be just an apartment . Considering the mixed use in the area, we've got some commercial development over here, this is commercial here, this is a contractors yard, there is some residential over here and I think in the Findings of Fact and Conclusions of Law an office was here at one time, a computer sales office or something along that line. So it is a mixed area, I think this will fit in well, it is compatible. We did have some site constraints that we had to deal with. One of them is we have an overhead power line that runs through the site right through here, and you can see this power pole here and here. I talked with Idaho -_- --_~w~r--r1-#er~gtt~-$bou~ ~ tt~:~t=:were-#3roposing to do with that or what they would let us do with that. They indicated that we needed a horizontal clearance from our structures 15 feet and we meet or exceed that at this time. And if we were to move that structure because of that pole, say we shifted it away from the buildings then what happens is we shift it closer to this building and these duplexes which lie right here. So there is no opportunity and its a transmission line not a service line. So their recommendation was leave that transmission line where its at and try work around it. The site doesn't have a lot of depth in it so we have some constraints as far as getting our parking and our driveway in through here. Now your code mentions that parking areas, 90 degree parking areas will be 9 x 19 and I think this drawing is 9 x 18 but we can squeeze another foot out of it. And then it indicates that the width of a driveway pile is 25 feet. We're at 24 from this point to this point, and I think Gary referenced that as 44 foot total width so it includes the 25 foot travel isle and the 19 foot parking. But I guess by argument that I think 24 foot would be adequate is there calculating parking when you've people backing directly our here. Our parking has no parking on the other side of it with the exception of these 2 here. These are the only ones that are in alignment. So I think the 24 foot would be adequate, we've got local access points for the fire Department they can get access here and here, they can park here on King or here on Meridian Road. So it has access galore and 1 don't think fire safety would be an issue with this type of development based on its Meridian City Council February 15, 1994 Page 15 location at the intersection. One of the other issues was brought that Planning & Zoning Commission was they seemed to be a little confused about the 2 car garage. That has been brought up multiple times, and in your code under the residential section, it references the 2 car garages but it stipulates all single family detached housing units shall have a garage capable of housing 2 standard automobiles and then under duplexes it states, duplex shall have a garage capable of handling 2 standard sized automobiles. I guess what I contend here is we are not doing detached single family dwellings, nor are we doing duplexes but these are very similar to an apartment building or a four-plex. So, I don't think the 2 car garage standard is applicable under any of these circumstances, Now Planning & Zoning Commission they seem to be confused about it and I think one of their conditions was if this body deemed it necessary for 2 car garages and it required any re-design that they wanted us remanded back for their review, but I just don't see that the 2 car garage is applicable. If covered parking is an issue, I can talk to the developers concerning some carports so they would have some covered parking for some of the units. There is sewer and water to the site in fact there is aline coming across right here through the mid-section. There is an existing hydrant, we will meet the requirements under the Ordinance for streetlights within our (End of Tape). for the sidewalk along Meridian Road because ACRD has __ _-Merxdiar~ -Road~~pg.reds ~rr-theu-5: yEar ,plan so we .will. have to trust fund for the expense of this sidewalk when they go in to re-do this the dollars will be for the 5 foot sidewalk and then we will be required to expand King Street so that is meets a minimum street width of a local section which is 36 feet. And we will have to put curb, gutter and sidewalk. Any ditches on the site we will have to pipe to make sure that irrigation or drainage water that traverses will proceed on. As far as any site drainage we will retain that on site. Do you have any questions? Kingsford: I have 2 or 3 comments or questions. Did you research William Street, my recollection and this dates back some time ago so this might no be as sound as I'd like to think. I think this body vacated William Street for a fairly long portion, I think maybe the portion you are talking about improving, has that been researched? Bowcut: The Highway District indicated that there is public right of way there. Now there was an old alley that ran through this site which ACRD said they had no desire to utilize. Kingsford: I thought that this body had vacated that street all the way to Meridian road, which would just necessitate you being sure and if in fact it hasn't been I don't believe you control part of that so that would be a major stumbling block for • • Meridian City Council February 15, 1994 Page 16 you. Bowcut: They claim that William Street which abuts the parcel has 60 feet of right of way and is unimproved for approximately 100 feet east to the boundary of this project. I can confirm that. Kingsford: I'm on a bad roll, I've made 2 mistakes, this could be a 3rd one. Bowcut: I'll make a note to make sure that I check that out. Kingsford: A couple of comments, you had mentioned the common walls meeting at least the building code, you need to also make sure there is separate water and sewer service to each one of those. We do in fact have a zero lot tine, not necessarily a code, but the City has approved that, we re-did on Idaho and maybe about 7th, those apartments and they went in and did a condominium. Bowcut: This is very similar to a condominium, except they own the land under the structure. _._1Gngsford~_But_that.is--basically-what.the_classification would be. - -._ Bowcut: That is what the concept is yes. Kingsford: Any other questions Council? Tolsma: I have one, how far is your asphalt on the south of the property? Bowcut: It is roughly, it looks like its about 5 feet in through and then it narrows up a little bit. Its about 4 here and then it transitions down to 2 and half at its nose. Tolsma: Would it be feasible to put up a barricade across there so that the vehicles backing out of that do not back into the building across the way? Bowcut: Yes you can do that with an extruded curb. Tolsma: I have a property owner over there that mentioned it, that owns that building across there that said he wasn't too sure how everything was going to be. Bowcut: We could, you see we've got this large area right here, we could shift • • Meridian City Council February 15, 1994 Page 17 this because the parking could be closer to the transmission line, just the structures can't. We could shift this over, normally what you want to see is a 5 foot so that you don't have any cars running into adjacent structures or landscaping. We could shift this here and then expand that and then just bring that curve just a little tighter. Tolsma: He was concerned about somebody sticking a bumper into the wall of his building or something like that. Bowcut: We could go ahead and put an extruded curve there too and prohibit that and the extruded curve would run like this to keep it from running out on Meridian road. Tolsma: Now, your street then will utilize William Street then the way it sets right now? Bowcut: Basically the way its laid out is the main entrance is here and this is what we want to promote the King Street entrance, but this would be like a secondary access or emergency access. You know I can't say that somebody wouldn't if -- they-wa~tad-~© ~o tci ~h~ r,}~ocer~ stoxe- over here--possibly take that as a shortcut. Tolsma: One other question, the City Police Department said he would like to know about security lights. Bowcut: Yes, we will be providing them ,the code states says we have to provide streetlights and gives standards for all parking areas. And so what we will do is we'll have to submit a plan to Gary indicating where our hydrants are located and our sewer and water and our streetlight locations. Tolsma: The comments he had were on a 2 story building that they would be really dark between the 2 story building and that building to the south. Bowcut: In through here? Tolsma: Well, more on the other end of the parking area down here, he indicated there that anywhere the lighting was that is could be a very dark area there and was worried about it being too dark in there at night. Bowcut: We'll discuss that with Gary and make sure we've got adequate lighting. And they are going to have to have some paths through here and I'm not sure how • . Meridian City Council February 15, 1994 Page 18 we are going to deal with those, if those are going to be concrete or some type of brick path. And this doesn't reflect that but they will come and wind through the entrance, come along here so they will have paths to walk out to their cars. Corrie: Mr. Mayor, I would also suggest that you have no parking anywhere other than the designated parking areas, because if you have cars parked along here you will never get a fire truck through there. Bowcut: A condition of approval for no parking signs would be acceptable based on the width. Kingsford: Any other questions from the Council? Morrow: Yes, I want to re-visit the south property line, did you say you would have a 5 foot setback there with an extruded curve. Bowcut: Right here, yes we can shift this over so we've got adequate room to shift and we can meet 5 feet. Morrow. _1/Vith an-extruded-curve Bowcut: Yes Kingsford: Any other questions from the Council? Counselor Crookston: Becky, would you explain how your meeting the 35 foot setback along Meridian road? Bowcut: Now, I saw that in your Findings and Conclusions and basically from the proposed right of way we are sitting at 15 on these to structures and this is at 10, now how did you arrive at the 35? Crookston: That is in our Comprehensive Plan Bowcut: From Meridian road? Crookston: For entrance ways to Meridian Bowcut: Can we provide some type of landscaping plan for review by staff that would be • • Meridian City Council February 15, 1994 Page 19 Crookston: The 35 feet apparently is going to cause you a little bit of hardship. Bowcut: Its only 150 feet deep, I don't know where I'm going to get 35 feet I'll put it that way. Crookston: Well that is up to the Council but that would be my recommendation. Bowcut: I saw that in there and I wondered where that was derived from. Morrow: Your saying the buildings need to beset back 35 feet from the edge of Meridian Road. Crookston: 35 foot setback from the road right of way on entry way roads. Meridian Road, Fairview, Cherry Lane, entry way corridors. Bowcut: If you come back 35 feet from edge of right of way that would put it right there. It would take up at least a third of that site as far as the 150 is concerned. Tolsma: What if we-put the-road in front. --. -- --- _ __..-.____- . -__ _ Crookston: I beg your pardon Kingsford: Their access Bowcut: You mean put this here? Tolsma: Reverse the plat, flip flop it Bowcut: So then you would have a frontage road running parallel with Meridian road? Morrow: Well, you would have your parking lot and your driveway on the Meridian road side and your buildings would be on the back side of your property line. Just flopping the plan over. Corrie: If they would allow you the entrance that close to Meridian Road. Bowcut: We are sitting right now at about 160 feet from center to center from the intersection. And I think that is the minimum requirement on a collector and local • Meridian City Council February 15, 1994 Page 20 intersection. On the locals it is 125 and I'm trying to expand it. Kingsford:. One thing to consider is as you go along Meridian road the numbers of those that are encroaching that 35 feet already, my suspicion is the bowling alley is in the neighborhood of 20 feet, 25 feet maximum there are others that are along there. Certainly the new photography shop on the corner by Waltman Lane. Even as you go across the tracks over here those buildings are significantly closer than 20 feet. Bowcut: We wouldn't' be as close as the existing building here, which I don't think has any landscaping along Meridian road. I think we could compensate with landscaping to provide something that is pleasing to the eye. Crookston: The reason I brought it up is because of the Comprehensive Plan and we have just adopted it but it needs to be addressed. We are requiring on new developments where it is applicable. Just occurred in a hearing on Cherry Lane on Linder on a rezone in that area, but they probably have room to do it. I just wanted to raise that question before the Council so they can consider it. Tolsma: Would this be applicable if the plan was submitted .before the Comprehensive Plan was adopted? Crookston: No Kingsford: Any other questions or comments from the Council? Thank you Becky, anyone else from the public that would like to offer testimony on this issue? Seeing none I will close the public hearing. Council members you need to direct for findings. Crookston: You do need findings on the variance. Kingsford: I would suspect even on the conditional use based on some of the things the Council has brought up, even the 2 car garage issue. Tolsma: So moved Corrie: Second Kingsford: Moved by Ron, second by Bob to have the Attorney prepare Findings of Fact and Conclusions of Law on the variance request and conditional use Meridian City Council February 15, 1994 Page 21 request for King Street Station, Morrow: I have a question, are we dealing now with one variance, or I kind of counted basically 4 variances that we are after here, the zero lot line, if we are going have the street width less than Ordinance in terms of the 24 feet to the 23 feet to stall instead of 18 to 19, and then the 2 car garages, so we are really doing 4 variances. Kingsford: And the setback issue, those variances. Any other discussion, all those in favor? Opposed? MOTION CARRIED: All yea ITEM #7 & 10: PUBLIC HEARING: VARIANCE REQUEST FOR SCOTTSDALE ESTATES SUBDIVISION BY ROBERT AND VERNA CHRISTENSEN AND BRIGGS ENGINEERING; PUBLIC HEARING: ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR SCOTSDALE ESTATES SUBDIVISION BY ROBERT AND VERNA CHRISTENSEN AND BRIGGS ENGINEERING: Kingsford: At this time I'll open the public hearing and invite the owner or his designee to speak first. Bowcut: This is the proposed Scotsdale Estates Subdivision, we have 27 lots, there is approximately 5.78 acres on the site. The property is located on Franklin road right here in this cross hatched area. The adjacent development here, these are all 4-plex units, we have some duplexes and then some single family dwellings and then across the street we have some commercial and there is a mini storage as you go east on Franklin road. Initially we talked to Mr. Forrey about what we envisioned on this parcel and he indicated that he saw some type of residential that would be compatible with what is out there. Basically as you head west it turns into just straight residential development and that the Comprehensive Plan would not promote any commercial development even though we did have commercial across the street. So the developer and his sons decided that they would go with a patio home and try to create what they called a retirement community. The existing R-4 zone would not accommodate the smaller lot sizes that we would need so we are requesting a rezone from R-4 to R-15. However we are not utilizing the density that they R-15 allows. Basically, we also had to do a variance on this one too for the zero lot line. They would build a patio home that would sit it would meet the front and rear setbacks and one of the sideyard setbacks. And the patio home would sit on a lot basically in this fashion and then ~J • Meridian City Council Meeting:_ FEBRUARY 15, 1994 Applicant: D.T. INVESTMENTS AND Agenda Item Number: 6 BRIGGS ENGINEERING Request: PUBLIC HEARING: VARIANCE REQUEST FOR KING STREET STATION SUBDIVISON A~ Comments City Clerk: City Engineer: SEE ATACHED COMMENTS City Planning Director: SEE ATTACHED COMMENTS City Attorney: City Police Dept: "REVIEWED, I WOULD LIKE TO IQVOW ABOUT SECURITY LIGHTING" City Fire Dept: SEE ATTACHED COMMENTS City Building Dept: SEE ATTACTHED COMMENTS Meridian School District: Meridian Post Office: Ada County Highway District: Ada Street Name Committee: Central District Health: "WE HAVE NO OBJECTIONS" Nampa Meridian Irrigation: Settlers Irrigation: Idaho Power: US West: Intermountain Gas: Bureau of Reclamation: c~ a ~~~h~ ~~~ ~ck~ G~''~ • HUB OF TREASURE VALLEY • OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Flre Chief W.L. "BILL" GORDON, Police Chief WAYNE G. GROOKSTON, JR., Attorney A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW WAYNE S. FORREY, AICP Planner 8 Zoning Administrator JIM JOHNSON Chairman • Planning & Zoning GRANT P. KINGSFORD Mayor MEMORANDUM TO: CITY COUNCIL AND MAYOR FROM: WAYNE S. FORREY, PLANNING DIRECTOR DATE: FEBRUARY 11, 1994 RE: VARIANCE REQUEST TO KING STREET STATION AND SCOTSDALE ESTATES These projects are both infill development projects which need flexible design considerations to be successful along Franklin Road or within the Old Town District. Our current Ordinance does allow residential dwellings to share common walls however, it does not allow zero lot line development. Zero lot line type development refers to placing the side of a structure right on the sideyard property line. In essence, one side of a building or perhaps both sides of a building are right on the property line. There is no sideyard setback. Most townhouse projects use the zero lot line concept. Our current Ordinance is deficient regarding zero lot line, townhouse and condominium developments because they require a minimum 5 yard setback. I recommend that the Council approve these 2 variance requests with the condition that the revisions which are now underway to the Meridian Zoning and Development Ordinance include a section on zero lot line development to allow unique types of housing construction within our community. • HUB OF TREASURE VALLEY. OFFICIALS A Good Place to Live COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, Clty Treasurer CIT RONALD R. TOLSMA MAX YERRINGTON GARY D. SMITH, P.E. City Engineer Y OF MERIDIAN ROBERT D. CORRIE BRUCE D. STUART, Water Works Supt. WALT W. MORROW JOHN T. SHAWCROFT, Waste water supt. 33 EAST IDAHO WAYNE S. FORREY, AICP KENNY W. BOWERS, Fire Chief W L "BIL " MERIDIAN IDAHO 83642 Planner a Zoning Administrator . . L GORDON, Police Chief WAYNE G. GROOKSTON, JR., Attorney , Phone (208) 88811433 • FAX (208) 887813 JIM JOHNSON Chairman • Planning 6 Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian ~~ City Council, may we have your answer by: TRANSMITTAL DATE : ~ ' ~ ~ ' ~ ~I REQUEST: BY: ~i ,~ HEARING DATE : Z ~ ~ 5 " g ~ LOCATION OF PROPERTY OR PROJECT : S~ C'c7~'-ti4''~ O~ Ilu.,1.~ .~ JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C -MAX YERRINGTON,C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIIDAN SCHOOL DISTRICT MERIDIAN POST OFF.(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRR. DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST (PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUR OF RECLAMP,TION(PREL~M & FINAL PLAT) CITY FILES Q OTHER• ~ ~J -~ YOUR CONCISE R~MARK,~ 71,.E ~~u `I~.4-~= ~ c.~:,. ~~ ~vre~~li h~i~~ x % o~ ~ __.~,tZ f.e~ rQ ee~.~. G.C. s ~2.~ fw.e..r~~/ ~ .~~.~-, _ ~ e ~ ~l f/o4~.s W,~rL~s a2 ct~l~a-f ~~.~,d. ~f~ic,s ~a~ ~..0_ • ~ HUB OF TREASURE VALLE OFFICIALS A Good Place to Live COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer CITY RONALD R. TOLSMA MAX YERRINGTON GARY D. SMITH, P.E. City Engineer OF MERIDIAN ROBERT D. CORRIE BRUCE D. STUART, Water Works Supt. WALT W. MORROW JOHN T. SHAWCROFT, waste water supt. 33 EAST IDAHO WAYNE S. FORREY, AICP KENNY W. BOWERS, Fire Chief W L "BILL" GORDON P li IDAHO 83642 ~-~~~~'` Planner & Zoning Administrator MERIDIAN . . , o ce Chief WAYNE G. GROOKSTON, JR., Attorney , Phone (208) 888433 ~ FAX (208) 887813 JIM JOHNSON Chairman • Planning 8 Zoning Public Works/Building Department (208) 887-2211 ~: > ',~ r r °~ ~. ~~ GRANT P. KINGSFORD ~ ~~ ~~~~~ Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, may we have your answer by: ~-.Q,t.~,,,~,~,.,,~.,~ i ~ , I ~ 9 y 'J TRANSMITTAL DATE : ~ ' ) ~ ' 9 y HEARING DATE • ~ ' ~ ~ ` g ~ REQUEST: BY: ~i ,~ LOCATION OF PROPERTY OR PROJECT: S~ C~'-1.~ ~ ~~,tr~.- 3 ~ ~~ ~--; ~ JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON,C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIIDAN SCHOOL DISTRICT MERIDIAN POST OFF.(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRR. DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST (PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUR OF RECLAMATION(FRELIM & FINAL PLAT) CITY FILES OTHER• YOUR CONCISE REMARKS: • ~ HUB OF TREASURE VALLE OFFICIALS COUP ;.L MEMBERS A Good Place to Live WILLIAM G. BERG, JR., City Clerk RONALD R. TOLSMA JANICE L. GASS, City Treasurer MAXYERRINGTON CITY O GARY D. SMITH, P.E. City Engineer ROBERT D. CORRIE F MERIDIAN BRUCE D. STUART, Water Works Supt. WALT W. MORROW DE JOHN T. SHAWCROFT, waste water supt. WAYNE S. FORREY, AICP 33 EAST IDAHO RECE KENNY W. BOW ERS, Fire Chief " " Planner 32oning Administrator MERIDIAN IDAHO 83642 W.L. BILL GORDON, Pollce Chief WAYNE G. GROOKSTON, JR., Attorney , ! + o JIM JOHNSON Phone (208) 888-4433 • FAX (208) 887.4813 ,` ~ B. ~ ~J~~ Chairman • Planning & Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD CITY OF MERIDIAN Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian ~~ City Council, may we have your answer by: TRANSMITTAL DATE : ~ ' ) ~ ' 9 y HEARING DATE • ~ ~ ~ 5 ` q ~ REQUEST: BY: ~i ,~ LOCATION OF PROPERTY OR PROJECT : S~ C.c7t~~ ~ I~,lrti.q ~ K~ ~ ~~ ~ ~~ JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON,C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIIDAN SCHOOL DISTRICT MERIDIAN POST OFF.(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRR. DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST (PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL BUR OF RECLAMATION(PRELIM & FINAL CITY FILES OTHER: YOUR CONCISE REMARKS: n PLAT) PLAT) CENTRAL •• DISTRICT 'HEALTH DEPARTMENT Rezone # REVIEW SHEET Environmental Health Division RECEIVIE~ A N 2 ? 1994 Return to: ^ Boise ^ Eagle ^ Garden city Meridian ^ Kuna ^ Acz Conditional Use # r]~y CDC ~~~il~IAl~ Preliminary /Final /Short Plat ~/~/G- ~S~"T~ E~ S~~/~'/S/ r~i/ ~!~i~c~ ^ I. We have Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type-of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet ^ 7. After written approval from appropriate entities are submitted, we can approve this proposal for: ^ central sewage ^ community sewage system ^ community water well ^ interim sewage ^ central water ^ individual sewage ^ individual water ^ 8. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ^ central sewage ^ community sewage system ^ community water ^ sewage dry lines ^ central water ^ 9. Street Runoff is not to create a mosquito breeding problem. ^ 10. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ I I. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 12. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store ,~ 13. w ~ ~ /~ /y 0 O,(~f c.~~7DNS c Date: l l'~/ l~ Reviewed By: ~ ~ CDND 10/91 rcb, nv. I I/93 jll