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Staff ReportSTAFF REPORT HEARING DATE: December 28, 2010 TO: Mayor and City Council FROM: Sonya Watters, Associate City Planner (208) 884-5533 SUBJECT: VAR-10-003 -Lanark Property I. SUMMARY DESCRIPTION OF REQUEST E IDIAN~-- ID,4FlQ The Applicant, Ted Sigmont, 3131 Lanark LLC & 3163 Lanark LLC, requests a variance to Unified Development Code (UDC) 11-3H-4C.3 which requires a 10-foot wide multi-use pathway to be constructed along SH 55/Eagle Road. (See Section VIII for more information) II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed variance in accord with the findings in Exhibit B. However, instead of the applicant's proposal to relocate the pathway to the toe of the slope, staff recommends the requirement for the pathway be waived. Note: On December 7, 2010, the applicant requested a waiver of the fees for the subject application from City Council. Without reviewing the development application in full, the Council was hesitant to waive the fees. Therefore, Council denied the request for a fee waiver and proposed they consider a refund when the application is heard. III. PROPOSED MOTION (to be considered after the public hearing Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number VAR- 10-003, as presented in Staff Report for the hearing date of December 28, 2010. Denial After considering all Staff, Applicant, and public testimony, I move to deny File Number VAR-10- 003, as presented during the hearing on December 28, 2010. (You should state why you are denying the request.) Continuance I move to continue File Number VAR-10-003 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located at 3131 & 3163 E. Lanark Street on the southwest corner of E. Lanark Street & N. Eagle Road, in the southeast '/ of Section 8, Township 3 North, Range 1 East. Parcel #S 1108417320 B. Owner: Ted Sigmont, 3131 Lanark, LLC and 3163 Lanark LLC 4696 Overland Road, Ste. 152 Boise, ID 83705 Lanark Property VAR-10-003 Page 1 C. Applicant: Same as owner D. Representative: Patrick McKeegan, PMA, Inc. 280 N. Latah Street, Ste. 100 Boise, ID 83706 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is a request for a variance. Per Meridian City Code, a public hearing is required before the City Council on this matter. B. Newspaper notifications published on: December 6, and 20, 2010 C. Radius notices mailed to properties within 300 feet on: December 6, 2010 D. Applicant posted notice on site by: December 17, 2010 VI. LAND USE A. Existing Land Use(s): There are two existing buildings on the subject property that contain commercial uses. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Vacant land, zoned C-G 2. East: R.C. Willey's (retail store), zoned C-G 3. South: Vacant land, zoned I-L 4. West: Industrial uses, zoned I-L C. History of Previous Actions: - This property was rezoned (RZ-08-006) from I-L to C-G in 2008. A development agreement was required with the rezone of the property, recorded as Instrument No. 110064692. D. Utilities: 1. Public Works: a. Location of sewer: Not applicable. b. Location of water: Not applicable. c. Issues or concerns: No concerns E. Physical Features: 1. Canals/Ditches Irrigation: NA 2. Hazards: Staff is not aware of any hazards that exist on this property. VII. AGENCY COMMENTS MEETING No comments were received by the Planning Department from other City departments for the subject application. Please see the public record for any written comments that may have been submitted by Lanark Property VAR-10-003 Page 2 other agencies. VIII. STAFF ANALYSIS A. Variance (VAR): A variance to UDC 11-3H-4C.3 is requested, which requires a 10-foot wide detached multi-use pathway to be constructed along SH 55/Eagle Road. Eagle Road rises from 4 feet to 20 feet +/- above the parking level on the subject property. A significant slope exists between the parking area and the top of the grade where the pathway is required adjacent to SH 55/Eagle Road. Because there is not adequate area for a10-foot wide pathway to be constructed between the edge of the road and the top of the slope, the area would need to be backfilled significantly at a considerable cost to the applicant. The applicant estimates the cost of the pathway improvements for their 275 feet of frontage, including engineering, demolition, fill, adjustment of utility boxes, and slope stabilization, will be a minimum of $34,000.00 based on a bid they received for the work included in the subject application. For this reason, the applicant proposes to construct the 10-foot wide pathway at the toe of the slope rather than adjacent to the street. The applicant asserts that locating the pathway at the toe of the slope would enhance public safety and welfare by allowing for separation between the busy traffic on Eagle Road and the required pathway, as well as providing more direct pedestrian access to the businesses located at the bottom of the slope. The applicant further requests approval to defer construction of the pathway at the toe of the slope, without submittal of surety, for five years from the date of decision on this application to allow time to gain capital for the improvements. Background: The applicant previously proposed some alternative pathway configurations to staff at the toe of the slope. Because of the significant climb in grade from the property to the south and the SH 55/Franklin intersection and ADA requirements, staff is of the opinion that continuation of the pathway at the toe of the slope to the south is not feasible. Therefore, staff did not support the applicant's proposals. The applicant also proposed submitting a bond or contributing to a trust fund with the City or ITD for their share of future public right-of--way improvements; however, there is no such method available at this time. The Idaho Transportation Department (ITD) has submitted comments on this application, included in Exhibit A.3. In summary, ITD does not feel it's prudent to locate the pathway at the toe of the slope because of the degree of the grade necessary to get the path back up to the Franklin/SH 55 intersection. Additionally, because of the potential for widening Eagle Road, ITD is of the opinion it may not be practical to construct a permanent pathway at this time. A temporary pathway could be constructed at the toe of the slope but it wouldn't go anywhere and would ultimately need to be relocated to the top of the slope if/when Eagle Road is improved and/or widened. The applicant states that granting the variance to locate the pathway at the toe of the slope would substantially decrease the cost of the pathway improvements as well as provide a safer route for pedestrians. Additionally, granting the request for a deferral of the improvements would allow some time to lease the empty spaces in the building to provide capital for the improvements over time. Staff is of the opinion locating the pathway right next to traffic on SH 55/Eagle Road without a separation is not in the best interest of public safety or welfare. Nor does staff feel it's prudent to require the applicant to spend an exorbitant amount of money on improvements to place the pathway at the top of the slope when it could potentially be torn out with widening of SH 55 and/or the SH 55/Franklin intersection. Lanark Property VAR-10-003 Page 3 As stated above, Staff is also of the opinion it would not be practical to require the applicant to construct a temporary pathway at the toe of the slope that would ultimately need to be relocated; it wouldn't serve a purpose as there are currently no adjacent pathways to connect to. For these reasons, Staff recommends approval of the subject variance request; however, staff recommends a pathway not be required to be constructed by the applicant. The Idaho Transportation Department has submitted comments on this application stating that if SH 55/Eagle is widened or the intersection is improved in the future through Federal Aid funds, a pathway would be constructed by ITD as part of these improvements. Note: On December 7, 2010, the applicant requested a waiver of the fees for the subject application from City Council. Without reviewing the development application in full, the Council was hesitant to waive the fees. Therefore, Council denied the request for a fee waiver and proposed they consider a refund when the application is heard. In accord with UDC 11-SB-4E, in order to grant a variance, the Council has to make three findings, as follows: 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; and 3) The variance shall not be detrimental to the public health, safety, and welfare. Please see Exhibit B for Staff's response to these findings. IX. EXHIBITS A. Maps/Other 1. Vicinity Map & Aerial Map 2. Site Plan 3. Comments from the Idaho Transportation Department B. Required Findings from the Unified Development Code Lanark Property VAR-10-003 Page 4 Exhibit Al -Vicinity Map & Aerial Map Lanark Property VAR-10-003 ~~.~ p~y 3 Page 5 Exhibit A.2 -Site Plan ~~ r r<e tierrunuwre nmrx. a rw awrww`ra twtwaNa a rwwwwsrwrrowr,rww ~eww~wwrwwr . ,~ra...caw..,.,ow,w,.~.. 3Il41~ ~dQll rrwr " s'" ' ' e~ .~~ ~~ r..r. rr. ~. .s.w.sa.w wroww www~~wwv II,J[118F SCII~~ll+is «a IET YfMa~ +~e Op~Ori1CL nw~e Fl.~rrMb ru x W ~ ~ 110pNW YGL Ms• M ~NIOI NarllmMr~rlw 1MIfitlNl~IpAP !fx Yx1V ~ JN19m119wCrIBM 1lNH~l' fi~L 1-kY ~' ~ 1'NtlCla }aY A.4wNxNNw N ® » rxr riy arara ~' O ~amr~ oacoYttYOIOM wwww sau vxv Lanark Property VAR-10-003 '~i' M Page 6 !4444 3. Comments from the Idaho Transportation Department Machelle Hill From: Larry SVough [Larry.Strough~itd.idaho.gov] Sent: Tuesday, December 14, 2010 10:17 AM To: Machelle Hill Cc: Pam Golden Subject: VAR 10-003 3131 &3183 E. Lanark Street General Comments: The Eagle Road Infrastructure design located the 10' pad/bike path adjacent to the curb, i.e. attached and at the top of the slope, because of the embankment fill in this location. It is not prudent, nor pract~al to locate the path at the toe of slope end somehow get it up to the roadway level at the corner at Franklin Rd., keeping in mind ADA requirements for such paths. In this case, if the c&g is not constructed, it would essentially be a 10' wide shoulder which we would have to maintain. If the City of Meridian does in fact require the path, I think the path must be placed at the top of slope in this bcation (south of Lanark to Franklin), i.e. not separated from the roadway. Also, the path would not be connected to any other pad/bike facility in this case. Given the potential for widening of Eagle Road, albeit in the future, it may not be prudent to have a permanent pad/bike path constructed at this time. Allowing the path to be constructed on the property line, outside the toe of slope, may be the best option, recognizing that the path ultimately will have to be relocated to the top of the slope if/when Eagle Road is improved and/or widened. Comments on the Variance ARplication: Page 2, 4°i Paragraph: There is a reference to a "50' construction easement" which isn't true. I have no idea why they state that, but it could be a reference from the original widening project. Construction easements are usually only project specific and temporary. Page 3, 1" Paragraph: Misstates that the Eagle Road Infrastructure plans shows a "5' attached sidewalk", which is not true. The plans show a 10' attached sidewalk between Franklin Rd. and Lanark St. The sidewalk is shown as attached to the curb & gutter because the design assumed that the sidewalk would have to be located at the top of the slope due to the high embankment. It was also assumed that any additional fill would be completed within the existing r/w with a variable slope and/or retaining walls used to contain slopes in some instances. The use of a 3:1 slope in this location may not be possible nor prudent due to the impacts to rhv ff widening is needed. There is also a reference to a "recessed drainage retention structure" which I am not aware of it. Not sure what this reference is about. Page 3, 3f0 Paragraph: References the potential widening of Eagle Road in the future due to the Meridian Town Cen[er project (CenterCal). The latest proposal from CenterCal does include the addition of a 3itl southbound lane on Eagle Road. It's a safe assumption that a southbound right turn lane to Franklin Rd. would also be added although it would likely not extend adjacent this property. Those improvements if they do in fact happen, would impact the referenced property and ACHD's property in the comer at Franklin Rd. I suspect that additional r/w would be needed and/or significant vertical construction to contain the fill, i. e. retaining walls. If this developer is required to construct a combination path at this time, it's likely any future widening of Eagle Rd. would impact it, i.e. have to relocate the path. Page 3,5th Paragraph: Reference to a "5' sidewalk" is incorrect. There was no intention of having a narrower sidewalWpath at this location. See comments on 1°' Paragraph. Sonya Wafters From: Pam Golden [Pam.Golden~kd.idaho.govJ Sent: Wednesday, December 22, 201011:23 AM To: Sonya Wafters Subject: Lanark sonya- I talked with wade about this area. ITD has no concerns if a variance is granted to remove the condition on the developer for the sidewalk/multl use path. If ITO gets future Federal-Aid funds to widen Eagle Road, ITD will provide the pedestrian connectivity in that area. Pam Golden, P.E. ITD District 3 Development and Aaess Management Engineer P.O. Box 8028 Boise, ID 83707 (208) 334-8377 Office (208J 334-8917 Fax Lanark Property VAR-10-003 Page 1 Exhibit B -Required Findings from the Unified Development Code 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: Staff finds that granting a variance would not allow a right or special privilege that is not otherwise allowed for properties that are adjacent to a state highway because of the topography that exists on and adjacent to this property. Due to the significant slope that exists between the subject property and the property to the south, and SH 55/Eagle Road and the SH 55/Franklin intersection that makes compliance with the requirement for amulti-use pathway on this site unfeasible. This is not necessarily the case for other properties in the district. See Section VIII, Analysis, for more information. B. The variance relieves an undue hardship because of characteristics of the site; Staff finds granting the variance would relieve an undue hardship based on the topography of the site. There is a substantial difference in elevation between the subject property and Eagle Road and the improvements necessary to retrofit a pathway in this area would be significant. C. The variance shall not be detrimental to the public health, safety, and welfare. Staff finds granting the variance to waive the requirement for a pathway to be provided along the frontage of this property would not be detrimental to the public health, safety, and welfare and would actually increase public safety by not requiring a pathway in this area due to the proximity of traffic on Eagle Road. Lanark Property VAR-10-003 Page 2 Page 1 of 1 Jacy Jones From: Sonya Watters Sent: Wednesday, December 22, 2010 11:45 AM To: Jacy Jones; Jaycee Holman; Machelle Hill Cc: Patrick McKeegan Subject: Lanark Property VAR Staff Report for 12/28 CC Mtg Attachments: Lanark VAR.doc Attached is the staff report for the proposed variance for the Lanark property (File #VAR-10- 003). This item is scheduled to be on the City Council agenda on December 28, 2010. The public hearing will be held at City Hall, 33 E. Broadway Avenue, beginning at 7:00 pm. Please call or a-mail with any questions. Pat -Please submit any written response you may have to the staff report to the City Clerk's office (iholmanC~meridiancity.or~, mhillC~meridiancit~orQ, and iionesC~meridiancity.or~) and myself (e-mail or fax) as soon as possible. Thanks, .sow~a wattevs Associate City Planner City of Meridian -Planning Department 33 E. Broadway Avenue, Suite 210 Meridian, Idaho 83642 208.884.5533 ph. / 208.888.6854 fax 12/23/2010