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HomeMy WebLinkAboutCole Valley Christian School Additions VAR-05-007 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND --~, DECISION & ORDER In the Matter õt-ao-Regy,~st 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 gymnasium and commons-" ãrea, in the L-O Zone for Cole Valley Christian ,~, - >Scñ-oòl, by CTA Architects Engineers. - -~/--- - - Case No(s). V AR-05-007 For the City Council Hearing Date of: June 21, 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. b. The matter was duly considered by the City Council at the June 21, 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. 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 for the subject application(s), it is hereby verified that the property owner of record at the time of issuance of these findings is Cole Community Church, Inc. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. V AR-O5-007 - PAGE] 00 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 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 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-05-007), is hereby approved and grants a variance to the following sections of Meridian City Code: D. . MCC 11-13-5 Schedule of Parking Space Requirements Exhibits Exhibit A: Exhibit B: Legal Description Variance Findings CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. VAR-O5-007 -PAGE20f3 By action of the City Council at its regular meeting held on the oç;:r~ ,2005. Z¡5? day of COUNCIL MEMBER SHAUN WARDLE VOTED~ COUNCIL MEMBER CHRISTINE DONNELL VOTED ~ VOTED $ COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD VOTED ~ MAYOR TAMMY de WEERD (TIE BREAKER) VOTED and City Attorney. By: City Clerk's Office Dated:~-()£; CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. V AR-O5-007 - PAGE 3 00 EXHIBIT A Cole Valley Christian School V AR-05-007 Legal Description .,,_....,,~,...._"'"'.- r-- OtdorNo,~I064IJH W'~~ - '.".3c-IO,II;¡¡ RECORDED-- -"lUEST Or fE~I'U~~ 102019592 2102 ..Ill!) PH 121 17 AWANO; Tù8oIIIy J. M'....' ud C...,¡ M. ~r....u. ..""'"d oed do, ud v_. D. CIoInooo.I, .. "".... of 110. Vo..... D. ChItmI8tI n... ....., Tn.. A¡........ldoted 01JectW0 "obna~ 3, 1m, ud .1, sub_I.. oed ---. .. I....... iii.......... FOIl. V AWE RE('E(V¡j) Illc _tort,). do(..) ""'<by ¡¡r.n~ bOl..in. '011 or" roo"">",,,o Col" c-...ttl' Cburcb, Inc.. BD ldabo IIDO-proJ"'-t _raU"" who"" COil"'" addr.... is, 8175 U,"Ì<t Rom: Boise. ID 83704 Iho I'IIlI<C(S¡' ... rolll>wio. -1""""'" ÌII Ado Coontr. ldobo, TO WIT, ...... I, J And. In BInd< lofS(:ROOL PLAZA SUBDIVISION NO. I, """'dlnl to tll. om.,.. plat """""', mod In 0001< 601 or PbIo at Paleto) 6501 a.d 65œ. recorcb or Ada Coa.ty, ldabo. TO HAVE AND T() HOLD "'" Mid 1""""""" with I/o";, --..... lIool.oÎd 01-",,00. heir>...d ~ -- AIIcI.... IIIJ4 Gr.... <loa beto;by "'vellon! 10 and "¡1It 1Iloo aid 0Imt00(0). Ihai (0)1>0 ¡,¡"'. die o-ert» ÌII roe .....,.. of Aid ~ .... ....,. ..., lie< ....... 011 ----- £10:."... Qonœ V... T.- 00IIditi0as. 00- '--'" ~ -- ...... """" oC _. -- Of of- And 1It,1 (O~IO will wen.... ... dcf.... lb. s..... 11<1111 alllo",ro. cl..... ""'-or- ~~ Vemo.o 0- o.ilwood TI"UsI uIdIo _. Fdlnlory :~1~ ">0:/ <i t.&~. Vemo.o D- ai- T.- ~ ktP-_d< Stole ofldollo ColIJt(y 01 CÙI ¿(/' ">- ' Oa..., ~ <toy or Ioly. 0'2 -.. - 0 Nooo<y l'ubli< ill..... for soid 11*,"""""1)' """""""' GIroI 114- llkaoll omd - 100""" or id", to me to -~.._tbat1ltey lIIYolllciol"""'Ih<oIoymd .. ;( ).. -'ofldll/w , ...... II> ~;-..&:-- RaidIDa ... ~ Þ:pins: 1'0- 2 #- . 0 S- /7.. ,... COontyof ~ On uu. Æ ;¡:Y.or Joly. in Iho you- 2002. -.,..... . Noc..y 1'1Ib1i< in and Ió! aid... p-Iy _cd Vomon D. t:biI-œbo... Of _.. me to....... - _"""0. ~ """"""11 ÌIIa1l1Im.... os ",,"o:e or.... v..... D. ai_lANd Fobnwy 3. 1m. omd ~ to me dill ~h. ..orut<d lb......... ,."....". EXHIBIT B Cole Valley Christian School V AR-05-007 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. 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, Holy Trinity Charismatic Episcopal Church, and the Buich mixed-use project. The junior high school requires 2 parking spaces per classroom for a total of 28 spaces (14 classrooms x 2 per classroom). The senior high school requires 10 parking spaces per classroom, for a total of 130 spaces (13 classrooms x 10 per space). The proposed 1,200 seat gymnasium requires 1 parking space per 10 seats, for a total of 120 spaces. These requirements add up to a total of 278 required parking spaces; the applicant has provided 143 on-site spaces and 28 curb-side spaces (total of 171 spaces). The applicant has indicated in their application materials that "the proposed gymnasium would not be used during regular school hours other than students already accounted for in the above calculation. Sports activities and events held in the gymnasium would be scheduled for after regular school hours, thus eliminating the need to account for the 120 parking stalls." 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; D. The City has adopted goals, objectives, and policies that support mixed uses within the downtown area. If off-street parking be strictly required for all properties in downtown, City Council 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 applicant due to the circumstances surrounding this property mentioned in the previous finding. Further, City Council finds that enforcing the conditions and requirements of the off-street parking ordinance will inhibit the objectives of allowing downtown to be a mixed use area. 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 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 the downtown area, and is unaware of any harmful impacts from these parking vanances. 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 parking requirements will have the effect of enhancing the educational atmosphere in Meridian- not altering the purpose and interest of the Zoning Ordinance. The Comprehensive Plan states that the City should "Encourage new institutional, commercial, and government facilities to consider locating to downtown Meridian" and "Actively support continued development of all forms of education, including public, private and parochial." The gymnasium and associated school use warrants special consideration in light of these goals of the Comprehensive Plan. City Council finds that strict compliance to the MCC 11-9-1 would inhibit the broader objectives of the Comprehensive Plan.