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
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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
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Exhibit A.2 -Site Plan
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Lanark Property VAR-10-003
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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