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Boondocks Fun Center VAR CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Request for a Height Variance from the maximum height of 40 feet to 58 feet for a recreational attraction for Boondocks fun Center, by Boondocks Fun Center- Meridian, LLc. Case No(s). V AR-05-008 For the City Council Hearing Date of: May 17, 2005 A. Findings of Fact 1. 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 of the 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. The matter was duly considered by the City Council at the May 17, 2005, public hearing. The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. 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). The City Council heard and took oral and written testimony and dilly considered the evidence and the record in this matter. c. 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 for the subject application(s), it is hereby verified that the property owner of record at the time of issuance of these findings is Desert West Properties, LLC (represented by Mr. Jeff Fullmer). CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. VAR-O5-008 -PAGE I of3 4. Required Findings per the Zoning Ordinance a. See Exhibit B for the findings required for the Variance application under Title 11. B. Conclusions of Law I. 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 (l.C. §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 governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. 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. 6. 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: 1. The applicant's Variance request, as evidenced by having submitted the application dated January 6, 2005 (File No. V AR-O5-008), is hereby approved and grants a variance to the following sections of Meridian City Code: . MCC 11-9-1 Zoning Schedule of Bulk and Coverage Controls D. Exhibits Exhibit A: Legal Description Exhibit B: Variance Findings By action of the City Council at its regular meeting held on the ~/~ ,2005. - 7~ day of CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. VAR-O5-008 -PAGE20f3 COUNCIL MEMBER SHAUN WARDLE VOTED~ VOTED~ VOTEDþ VOTED~ COUNCIL MEMBER CHRISTINE DONNELL COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) - VOTED- Copy served upon Applicant, The PI and City Attorney. BY:Jwtm M DOrY\.. City Clerk's Office Dated: I ~-8-06 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. V AR-O5-008 - PAGE 3 013 EXHIBIT A Boondocks Fun Center V AR-05-008 Legal Description PROPERTY DESCRIPTION for Se'oct Development Novomber 29, 1996 A parcel a/land being a portion 01 the South...t quarto, 01 Socllon 13, T.3N., R IW, B.M., Ada Coonly, Idaho, which p."",11s more portÌCIJlarly doscribed as loIlows: Commencing a/ Soolhoasl comor 01 Section 13; thence North 89' 46' 23" Wost 412.04 leol to e polnl; thenco North 69" 46' 23" Wost 1,696.99 loot "'. point; thence North 00' 31' 11" E.st 19,24 feetlo. polnl; Ihenco North 01' 03' 11" E.sl340.95 feet 10. poinl; Ihence North 00" 13' 37" Wosl229.32 foet 10' polnl; theneo North OD' JI' 59" E.st 35.53 roet 10 a point, soJd point baing the Reol Point 01 Beginning; Ihanco North OD' 38' 59" Ea.t 193.34 feet 10 0 point; thonco North Of" 19' SO" Wost 21.81 feel 10. point; thence North OD' 31'11" E..1272.20 roollo a point; Ih~nco Soulh 89" 33'35" Eosl384,84 faet 10 0 point; Ihonco South 85. 44' 44" Eest 189.76 feet 10 a point; Ihenco South OD' 13' 37"WosI442.57 fool '" . point; Ihence North 89" 46' 23" West 201.00 roollo a poinl 01 curve; thenco oJong 0 curve 10 Ihe righi, said aurvo having 0 control anglo 0144" 24' 55", arodlus 01 20;00 feel, and 0 long chord b..rtng North 67" 33' 55"West 15.12 feat "'. point olcurvo; Ihenco oJong a corvo 10 tho loft, said curvo having 0 contra! angte 01134" 24' 55", 0 radius 0150,00 loat, and along chord b..rlng Soulh67" 2.!!' OS" W..t 92.19 feet'" a point; Ihenco North 89' 48' 23" west 276.36 feet 10 111. Reol Polnl 01 BeglMlng. EXHIBIT -..1... IN 00'.18"" E 19J,)<' ._-----~-------- I 1 Zl II, &1 ~I , w, ~I ~ I , I z, I I I I J I I I i J I I ~ I ~ i ill : ~ I I I i t I I I J III W,H, MooilE :: COM P 'A N Y I/eoI £".1<1 ~..I N 0',"'",,- w ".ðr t. N OO'JI"" E "'2O' h_--------ìl , , , 1 II , I 1 ~II :::' I e' I ~II , 1 16, 1 &!il ,~ 1 !~I , , )/ ~I ~I : t:1 ~, I ." .4, ~I§il : ~: ~, I t- - - - - - - - s ';;;:;:;:;;'-W~2:S7 - - - - - - t¡ i : I i ! ¡ i , : : ! I i mm-L ß lor :) SELECT DEVELOPMENT AT IN,,"STAIE C(NTER IfOONOARY S1\IDy EXHIBIT B Boondocks Fun Center V AR-05-008 Required Variance Findings 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; Boondocks Fun Center is located in an intensely commercial area which is home to another family entertainment center directly adjacent to the property, Roaring Springs, which has amusement structures which appear to be near, or exceed, the height limits for the district. Family entertainment centers are unique uses that do not fall under conventional definitions contained in Meridian City Code and contain uses and features not found in traditional commercial developments, Granting the variance would not set an undesirable precedent if the City Council considers Qn!y family entertainment center uses, especially since Meridian is not likely to ever have more than two or three such centers within its city limits, 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 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 will result in inhibiting the achievements or the objectives of this Title; The proposed structure requires high poles for its functionality as an amusement ride and is a unique use that was most likely not considered when the height restrictions for the CoG zone were adopted, The zoning code does recognize that certain architectural features, such as belfties, spires, pole antennas, power poles, chinmeys, etc" are exempt from the height regulations, The proposed use is similar in billk and appearance to those structures, Therefore, due to the uniqueness of the use and the fact the code exempts similar structures, granting the Variance would not be granting any special privileges denied to similar uses in the same district. The reason for the requested Variance is not for convenience; it is simply the nature of the structure, City Council fmds that requiring the applicant to comply with MCC 11-9-1 would certainly diminish the overall recreational experience of the user, but we do not find that an extraordinary hardship woilld resillt. The Comprehensive Plan encourages enhancing recreational opportunities (Chapter VI - 3- Recreation), Goal III, Chapter VI of the Comprehensive Plan is to "Provide a broad range of parks, programs, and recreational facilities that meet a variety of D, needs and uses and that are located geographically throughout Meridian and available to everyone," City Council finds that strict compliance to the MCC 11-9-1 wou1d inhibit the broader objectives of the Comprehensive Plan, C. 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 finds that the variance will not be detrimental to the public's welfare or injurious to other properties in the area, The reason for the requested Variance is not for convenience; it is simply the nature of the structure associated with a unique use, 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 to the height ordinance will have the effect of enhancing the recreational experience of Meridian citizens - not altering the purpose and interest of the Zoning Ordinance. The Comprehensive Plan states that the City should "Develop indoor/outdoor multiple use facilities (i,e, recreation center, fairgrounds, etc,) for a variety of recreational, educational, cultural, and sports purposes and uses, The family entertainment center use warrants special consideration in light of these goals of the Comprehensive Plan,