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HomeMy WebLinkAboutDave Buich VAR-05-003 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER Request for a Variance from Meridian City Code (MCC) 11-13-5 (Schedule of Parking Space Requirements), for a reduction in Parking Requirements for a proposed 3-story mixed-use project, in the O-T zone for 641 North Main Street, by Dave Buich. Case No: V AR-05-003 For the City Council Hearing Date of: AprilS, 2005 A. Findings of Fact I. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries ofthe property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code §67- 6509. b. The matter was duly considered by the City Council at the April 5, 2005, public hearing(s). The applicant, affected property owners, and govemment subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby verified that the property owner of record at the time of issuance of these findings is SCS Investments, LLC. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).VAR-O5-003 -PAGE I of4 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit B for the fIDdings required for this application. B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles II and 12, Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6,2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-17-9. 4. Due consideration has been given to the comment(s) received from the govemmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhibit A. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: I. The applicant is hereby granted a variance to MCC 11-13-5 Schedule of Parking Space Requirements, in the 0- T Zone to allow for a reduction in parking requirements for a proposed 3-story mixed-use building. Notice of Final Action and Right to Regulatory Takings Analysis D. I. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue, A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).VAR-O5-003 - PAGE 2 of4 2. Please take notice that this is a final action of the goveming body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this.decision and order seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code. E. Exhibits Exhibit A: Legal Description Exhibit B: Required Findings for Variance By action of the City Council at its regular meeting held on the I q~ day of #fJ'1A '.{, , 2005. COUNCIL MEMBER SHAUN WARDLE VOTED ~ COUNCIL MEMBER CHRISTINE DONNELL VOTED ~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED * VOTED~ COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED- ~ Attest: dI~/;;. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).VAR-O5-003 - PAGE 3 of4 Copy served upon Applicant, The Planning and Zoning Department, Public Works Department and City Attorney. By: --.J CV\JlW\À (IJ.Jr-., City Clerk's Office Dated: 4-2 i-OS CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). V AR-O5-003 - PAGE 4 of 4 EXHffiIT A Buich Variance V AR-05-003 Legal Description -- ----_._-~-- Plat of Bl~, 00. of the Ideho. EXHIBIT B Buich Variance V AR-05-003 Required Findings REQUIRED FINDINGS According to Ordinance 11-18-1, Variances, the Council may authorize in specific cases a variance from the terms of either the Zoning or Subdivision Ordinance. Specifically, the Ordinance lists the following Findings (MCCll-18-3), all of which must be determined before granting a variance: "A. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Title would clearly be impracticable or unreasonable; City Council finds that the subject property, as depicted, is large enough to accommodate the required open spaces and landscaping required by the ordinance, but not parking. The City of Meridian has prepared draft Downtown Design Guidelines that apply to projects in the city's downtown core. The guidelines have not been adopted by the City as of the date of this report; however, these proposed guidelines do not require new buildings such as this one in the downtown core to provide any off-street parking. Variances for a reduction in parking requirements have recently (in the past two years) been approved for many properties in the downtown area, including Farmers and Merchants State Bank, Aromatic Sensations and Holy Trinity Charismatic Episcopal Church. In addition, the Meridian Development Corporation (MDC) has submitted comments in support of the request which state: "And MDC specifically supports the request for reduced parking since it should be MDC's role to provide additional parking at some time in the future when it is needed." The proposed mixed use building consists of 8,300 square feet of ground floor retail, 8,460 square feet of second floor office, and third floor residential with four (4) units. Ordinance requires one (1) off-street parking space per 200 s.f. of gross floor area for retail, one (1) off-street parking space per 400 s.f. of gross floor area for office, and two (2) parking spaces for each residential unit, for a total of 71 required spaces. The proposed site plan shows 22 off-street parking stalls, 11 of which are compact spaces. The adjacent city-owned parking lot contains thirty ~ two (32) parking spaces. B. That strict compliance with the requirements of this Title would result in extraordinary hardship to the owner, subdivider or developer because of unusual topography, the nature or condition of adjacent development, other c. D. physical conditions or other conditions that make strict compliance with this Title unreasonable under the circumstances, or that the conditions and requirements of this Title wiD result in inhibiting the achievements or the objectives of this Title; The City has adopted goals, objectives, and policies that support mixed uses within the Old Town district. If off-street parking be strictly required for all properties in Old Town, staff believes that a majority of the properties would be restricted to a residential-only use and would not redevelop. City Council generally supports the redevelopment of the smaller, older lots in the original Meridian Township, as these conversions allow for a more vibrant downtown area. City Council finds that strict compliance with the City's parking requirements on this site would result in an extraordinary hardship to the developer due to the circumstances surrounding this property mentioned in the previous rIDding. Further, City Council fmds that enforcing the conditions and requirements of the off-street parking ordinance will inhibit the objectives of allowing Old Town to be a mixed use area. 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; City Council anticipates that the variance will not be detrimental to the public's welfare or injurious to other properties in the area. Further, the Council has granted parking variances to properties with similar situations within Old Town, and is unaware of any harmful impacts from these parking variances. That such variance will not have the effect of altering the interest and purpose of this Title and the Meridian Comprehensive Plan. " City Council finds that the issuance of a variance for reducing parking standards to allow the redevelopment of a small piece of property in Old Town will not have the effect of altering the purpose and/or interest of the Zoning Ordinance or the Comprehensive Plan.