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HomeMy WebLinkAboutPalmer, Mike VAR-05-016 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 and MCC 12-13-10-4 for required landscape buffer for proposed improvements to a three parcel site, in the C-C Zone for 1524, 1608, and 1616 North Meridian Street, by Mike Palmer. Case No: V AR-05-014 For the City Council Hearing Date of: September 6, 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 August 23, 2005, public hearing(s). 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 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).V AR-O5-Q 14 - PAGE 1 of 3 are Pat Palmer, Joe Palmer, and Vella Palmer who have given consent for the applicant to submit the requested application 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit B for the findings 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 (I.c. §67- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 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. 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 Site Plan 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 is hereby granted a variance to MCC 11-13-5 Schedule of Parking Space Requirements, in the C-C Zone of the Old Town Designation to allow for a reduction in parking requirements for a proposed rehabilitation improvements to the site. Notice of Final Action and Right to Regulatory Takings Analysis D. 1. 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 CITY OF MERIDiAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).V AR-QS-O14 - PAGE 2 of3 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. 2. Please take notice that this is a final action of the governing body ofthe 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 a judicial review as provided by Chapter 52, Title 67, Idaho Code. E. Exhibits Exhibit A: Site Plan Exhibit B: Required Findings for Variance By action of the Cit ouncil at its regular meeting held on the , f-e1YV~, 2005. 6-Œ day of COUNCIL MEMBER SHAUN WARDLE VOTED ~ ~ æ- 6 ,¡¿.,.,;t;- COUNCIL MEMBER CHRISTINE DONNELL VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED ~ Attest: IIIOIIII,/¡ \\\\\1 ,,\ ~ "'ð~ " ! VOTED J --------.. 'leI c,h; é'~M jJre¡/¿{.ed - MAYOR TAMMY de WEERD (TIE BREAKER) ~~ By' Q.iJn,. ity Clerk's Office Dated: q- ~ - 05 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).VAR-OS-O14 - PAGE 3 of3 EXHIBIT A Palmer Variance V AR-05-014 Site Plan .-- > ""---- - - ~~A --"'~ ~~r ..... ~ I~j --..- .-- -- >- .~,.- 200.00' ..- . .-~ ..---- ,..- ~~ îAJ L !AI !AI 1'1 .. . 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[: a ~- T~ ~~ -- ~- - ~ -7-.....:r ~B "),1'/...:.>; ~ø ~ ~'% ~ ~ ' ~ ~[~ S' LNIOkAPeÆN;: WO.<W =~ ~"'T""'_"'O¡¡;"'8 ~~ exl8rc; SIte "'Ion mwar- e ""¡"'h ~~ ..5 P"RIaMG 11""""8 ~- EXHIBIT B Palmer Variance V AR-05-014 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 (MCC11-18-3), 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; Staff 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, Buich Office Building and Holy Trinity Charismatic Episcopal Church. The proposed mixed use building consists of 15596 square feet of ground floor retail, 10545 of new construction and incorporation of existing buildings. 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 52 required spaces. The proposed site plan shows 45 off-street parking stalls, 1 of which is a compact space. 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 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. Staff generally supports the redevelopment of the smaller, older lots in the original Meridian Township, as these conversions allow for more vibrant commercial areas. Staff Palmer.V AR Exhibit B 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 finding. Further, staff finds that enforcing the conditions and requirements of the off- street parking ordinance and required landscape buffer will inhibit the objectives of allowing Old Town 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; Staff 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 staff is unaware of any harmful impacts from these parking variances. Staff recommends that the Council reference any written or oral testimony provided at the public hearing, as well as staffs analysis, when determining whether or not the surrounding properties may be negatively affected by granting a variance. D. That such variance will not have the effect of altering the interest and purpose of this Title and the Meridian Comprehensive Plan." Staff finds that the issuance of a variance for reducing parking standards to allow the redevelopment of a small piece of property in a Community Commercial zone in the Old Town designation and will not have the effect of altering the purpose and/or interest of the Zoning Ordinance or the Comprehensive Plan. Palmer.V AR Exhibit B