SOS / Rodney Johnson

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SOS19-00023 / Rodney Johnson

Summary

The applicant requests a Waiver to the Subdivision Ordinance requirement to construct curb, gutter and sidewalk as part of a Minor Land Division on 4.27 acres located at 8306 W. State Street in an R-1A (Single Family Residential) zone.

Prepared By

David Moser, Associate Planner Recommendation

Approval

Reason for the Decision

The waiver request complies with the approval criteria of B.C.C. Section 11-09-05.1.E (Waivers). The requirement to install curb, gutter, and sidewalk along State Street, Roe Street and Limelight Road would result in substantial hardship and inequity. A waiver from these requirements will allow the property to develop in a reasonable manner and as part of a planned future development. This includes the anticipated Planned Unit Development at the intersection of Limelight Road and Roe Street. In addition, State Street is planned to be improved in the future, which includes widening the roadway to seven lanes of traffic with a multi-use pathway. The property along State Street is also constrained by the location of an open irrigation lateral. The Planning Team recommends a more holistic approach to the dedication of roadway and sidewalk improvements at this subject property. This waiver request is supported by Goal ES14.1 of Blueprint Boise which encourages coordination with irrigation companies in the review of development applications on lands adjacent to canals for maintenance of access and canal operations.

This report includes information available on the Boise City Website.

The entire public record, including additional documents, can be viewed through PDS Online.

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N Hampstead Ave

N Tarako Ave N Hastings Ave

N Fairfax Ln N F

airfax Ave

N Confederate Ln

N Bull Run Ln N Sunglow

Ave

N R

iffle Way W Pamela Ln

W M

anassas Ln W Limelight St

W Jonathan St

W Pocono St

N Eddy Pl N L

akes hore W

ay

N Masago Ave

W Beachside Ct

W Vicksburg Ln W Pocono St

N G oodyea

r Ave

N Cattail Way

N Roe St N B

ogart Ln

W Gillis St

W Pocono Ln

W Pamela St

W Kerry St

W State St

KIDS KAMPUS LEARNING

CENTER

Boise Valley Canal

SO S19-00023 1" : 300'

F

A e ria l M a p

Projectparcel

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Planning Division Project Report

File Number SOS19-00023 Applicant Rodney Johnson Property Address 8306 W. State Street

Public Hearing Date January 6, 2020

Heard by Planning and Zoning Commission

Analyst David Moser, Associate Planner

Reviewed By Céline Acord, Current Planning Manager

1. Project Data and Facts

2. Land Use

Description and Character of Surrounding Area

The area is mostly detached single-family homes, apartments and townhouses.

Adjacent Land Uses and Zoning

North Limelight Road then apartments / R-3D (Multifamily Residential with Design Review)

South State Street, then commercial / C-2 (Ada County)

East Roe Street then townhouses and single-family dwellings / R-2D (Medium Density and Design Review)

West Single-family dwelling / R-1A Project Data

Property Owner Rodney Johnson

Representative Silvercreek Realty Group / Launee Wolverton Location of Property 8306 W. State Street

Size of Property 4.27 acres

Zoning R-1A (Single-Family Residential) Land Use Designation Mixed Use

Planning Area Northwest

Neighborhood Assoc./Contact Northwest / Richard Llewellyn

Procedure The Planning and Zoning Commission renders a final decision that can be appealed to City Council.

Current Land Use Single-Family Home

Description of Applicant’s Request

A Waiver to the Subdivision Ordinance requirement to construct curb, gutter and sidewalk as part of a Minor Land Division.

History of Previous Actions

ROS19-00068 Minor Land Division into two parcels – Approved with conditions to construct curb, gutter and sidewalk along Limelight Road, Roe Street and State Street abutting the site.

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3. Development Code

(Boise City Code Title 11)

4. Comprehensive Plan

(Blueprint Boise)

5. Analysis

On August 21, 2019, a Minor Land Division application (ROS19-00068) was approved to divide the property at 8306 W. State Street into two buildable lots. The Minor Land Division approval required sidewalk with curb and gutter be installed along all abutting rights-of- way (i.e. Limelight Road, Roe Street and State Street). On November 18, 2019, the applicant applied for a waiver to this requirement.

Section 11-09-05.1(E) of the Development Code allows the Planning and Zoning Commission to issue a waiver of the requirement to install sidewalk, curb and gutter provided the property is an unusual size or shape or is surrounded by such developments or has unusual conditions that the strict application of these regulations would result in substantial hardship or inequity. In addition, a waiver may be granted so the applicant may develop the property in a reasonable manner, provided the quality of the development is not diminished and the public welfare and interests of the City are protected, and the general intent and spirit of these regulations are preserved and conformity to the Comprehensive Plan is assured.

In total the subject property is bounded by approximately 1,296 linear feet of street frontage, which is required to be improved with curb, gutter and sidewalk as part of the record of survey. It is the applicant’s intent to sell the north half of the property (Parcel B), which will be developed with a higher density multi-family project (Site Plan). Through this development process the adjacent streets (i.e. Limelight Street and Roe Street) will be improved with curb, gutter and sidewalk. As such, the Planning Team recommends waiving these required street improvements as part of the record of survey along these street frontages.

Section Description

11-09-02 Records of Survey

11-09-05 Modifications and Waivers

Chapter Goals, Objectives & Policies

Chapter 2: Citywide Vision and Policies Goal ES14.1

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Site Plan

The south half of the subject property (Parcel A) will remain a single-family home for the foreseeable future. However, given its location along State Street it is anticipated to redevelop in the future and street improvements will be required at that time. In addition, there are physical site constraints that preclude the installation of street improvements along State Street, which includes a large irrigation canal.

Finally, the State Street roadway design is still conceptual. As such, the location and design of the multi-use pathway as not been determined. In addition, the changes to the irrigation canal as part of these future right-of-way improvements are currently still conceptual. As such, installing street improvements now might not match the final roadway design and will have to be removed. Therefore, granting the waiver from the curb and gutter improvements will not diminish the quality of the development or the neighborhood. The public welfare and interests of the city will be protected, and the general intent and spirit of the Development Code will be preserved.

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There are Comprehensive Plan policies that support the waiver of these improvements.

The street improvements along Limelight Road and Roe Street will be installed with the future development. Goal ES14.1 encourages coordination with irrigation companies in the review of development applications on lands adjacent to canals for maintenance of access and canal operations.

The Planning Team finds that there is a hardship associated with the requirement to construct curb, gutter and sidewalk for the subject property and recommends approval of the waiver to allow for more holistic approach to the street improvements along the adjacent roadways.

6. Recommendation

The Planning Team recommends approval of the request to waive sidewalk, curb and gutter requirements.

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CITY OF BOISE

INTER-DEPARTMENT CORRESPONDENCE Date: 2 December 2019

To: Planning and Development Services

From: Tom Marshall, Street Light Program Technician Public Works Engineering

Subject: Street Light Comments

SOS19-00023: 8306 W State St.

No comment.

If you have any questions, contact Tom Marshall at 208-608-7526 or [email protected].

Tom Marshall

Street Light Program Technician Public Works Engineering Office: (208)608-7526 [email protected]

Making Boise the most livable city in the country.

I:\PWA\Subjects\Review Comments\CUs\CU Streetlight comment template 2019_with letterhead_Cloverdale Rd.