HomeMy WebLinkAboutRocky Mountain High School VAR-05-017
CITY OF MERIDIAN
--_____FINDINGS OF FACT, CONCLUSIONS OF LAW AND
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----------~ DECISION & ORDER
Request for a Variance from-Meridian City Code (MCC) 11-9-1 (Schedule of Bulk and
Coverage Controls), to exceed the 35 foot maximum building height for the proposed
RockY.l\!.~_untain High School, by Joint School District No.2.
--~--_:-;~Caše No: V AR-05-017
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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 September 6, 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 is
Joint School District No.2.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). V AR-O5-017 - PAGE 1 of 3
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 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 is hereby granted a variance to MCC 11-9-1 Schedule of Bulk and
Coverage Controls, to exceed the 35 foot maximum building height in the R-8 zone, for
the construction of a public school facility with a maximum building height of 60 feet.
2. Notice of Final Action and Right to Regulatory Takings Analysis: 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).V AR-O5-017 - PAGE 2 00
1. Please take notice that this is a final action of the governing 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 a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
E.
Exhibits
Exhibit A:
Legal Description
Required Findings for Variance
Exhibit B:
By action of the c~ounCil at its regular meeting held on the
~~ ,2005.
6-16
day of
COUNCIL MEMBER SHAUN WARDLE
VOTED~
VOTED~
COUNCIL MEMBER CHRISTINE DONNELL
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED Illx! ~
COUNCIL MEMBER KEITH BIRD
VOTED~
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED
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SEAL
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illiam G. Berg, Jr., ity ler\.." ~"'1ß-';' ,~°.f> .f
Copy served upon Applicant, The::-<'~z;~~lòepartment, Public Works Department
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and City Attorney.
BY:~ -AhJl ~ M-
City Clerk's Office
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Dated: q- ~-Cf)
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S).V AR-O5-0 17 - PAGE 3 of 3
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EXHIBIT A
Rocky Mountain High School Variance
V AR-OS-O17
Legal Description
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Order No.: AO28689
WARRANTY DEED
FOR VALUE RECETVED, PARAMOUNT LLC, an Idaho limited liability company
the Grantor, does hereby grant, bargain sell and convey unto JOINT SCHOOL
DISTRICT NO, 2, an Idaho school district whose current address is 911 N. Meridian
Road, Meridian, lD 83642, the Grantee, the following described premises, in ADA
County, Idaho, TO WIT:
A parceJ of land being a portion of the North Half of the Southwest Quarter of Section
2S, Township 4 North, Range] West, Boise Meridian, Ada County, Idaho, more
particularly described as follows:
Commencing at the Southwest corner of Section 2S, Township 4 North, Range] West,
Boise Meridian; thence
North 002S'24" East 1318.84 feet along the West line of said Section 25 to a point; thence
South 89°25'33" East 500.00 feet along the South,Jine of the: North Half of the Southwest
Quarter of said Section 25 to the: REAL POINT OF BEGINNING; thence continuing
along said South line
South 89°25'33" East J435.14 feetto a point; thence
North 0°34'27" East 1319.73 feet to a point on the North line of the Southwest Quarter of
said Section 2S; thence
North 89°27'08" West 1764.68 feet along said North line to a point; thence
South 0°13'37" East 171.11 feet to a point; thence
South 89°44'07" West IS0.88 feet to a point on the Easterly right of way line of Linder
Road; the:nce
South 0°25'24" West 933.61 feet along said Easterly right of way line to a point; thence
South 89°25'33" East 475.00 feet to a point; thence
South 0°25'24" West 2]2.00 feetto the REAL POINT OF BEGINNING.
TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee,
heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee. that it
is the owner in fee simple of said premises; that they are tree from all encumbnnces EXCEPT: Those to
which this conveyance is expressly made subject and those made, suffered or done by the Grantee; and
subject to existing patent reservations, restrictions, protective covenants, dedications. easements, rights of
way and agreements, (if 8ny) ofrecord, existing zoning ordinances and applicable: building codes. Jaws, and
general taxes and assessments (including irTigatioo aod utility assessments, if any) for the culTent year,
which are not yel due and payable, and thaI Grantor will warranty and defend the same from aJl lawful
claims whatsoever.
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Dated: July /.....-2.-, 2002
I'ARAMOUNT LLC, an Idaho hmitcd liability company
By: Brigh on CorporaTion, Member
By:
David W. Turnbull, President
STATE OF IDAHO
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County of Ada ) -
On this / ::;i~ay of July 2002, before me, the undersigned, a Notary Public in
and for said State, personally appeared David W. Turnbull known or identified to me to
be the President Oftbe corporation that executed the within instrument, said corporation
known to me TO be a member of the limited liability company that executed the
instrument, and acknowledged to me that he executed the same for and on behalf of said
corporation and that such corporation executed it on behalf of said limited liability
company, and that said limited liability company executed it.
EXHIBIT B
Rocky Mountain High School Variance
V AR-O5-017
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 there are not special circumstances affecting the property.
The property is large enough to accommodate the required facilities, parking, and
landscaping in compliance with Meridian City Code. The special circumstances
affecting the application are related to the nature of the use as a school facility,
not the property specifically.
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;
City Council finds that strict compliance with the City's height limits on this site
would result in an extraordinary hardship to the developer due to the nature of the
intended use as a school facility. The gymnasium and auditorium uses associated
with the use as a public school are permitted uses as part of the school in the R-8
zone, and are different structures than are usually regulated by the R-8 zone
maximum building height. The structures require higher ceilings for their
intended uses which are unique to the use of the property as a school site.
Therefore granting the variance would not be granting any special privileges
denied to similar uses in the same district. The requested variance is not for
convenience or profit, it is simply the nature ofthe structures.
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 height variances to other school properties with similar situations within
Meridian, and staff is unaware of any harmful impacts from these height
varIances.
D.
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 height limits to allow the
building of a school facility designation and will not have the effect of altering the
purpose and/or interest of the Zoning Ordinance or the Comprehensive Plan. The
Comprehensive Plan states that the City should "Support the location of school
sites within every square mile in undeveloped areas" (Chapter VI, Goal I,
Objective A, Action 2) and "Permit schools, churches, and other public and quasi
public uses in rural areas, that are compatible with adjacent uses (Chapter VII,
Goal I, Objective D, Action 7)."
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MAYOR
Tammy de Weerd
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IDAHO
CITY HALL
(208) 888-4433 - Fax 887-4813
CITY COUNCIL MEMBERS
Keith Bird
Christine DoMell
Shaun Wardle
Charles M. Rountree
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 887-2211 - Fax 898-9551
LEGAL DEPARTMENT
(208) 888-4433 - FAX 887-4813
MEMORANDUM:
Transmittal Date: September 1, 2005
City Council Hearing Date: September 6, 2005
To:
From:
Mayor and City Council
Josh Wilson, Associate City Planner
Re:
Rocky Mountain High School Height Variance
.
Request for a Variance from Meridian City Code (MCC) 11-9-1 (Schedule of
Bulk and Coverage Controls), to exceed the 35 foot height limit for Rocky
Mountain High School in the R-8 zone for 5450 N. Linder Road, by Joint
School District No.2. (File No. VAR-O5-017).
Planning and Zoning staff have reviewed the applicant's submittal, and we offer the following
comments and recommendations..
APPLICATION SUMMARY
The applicant, Joint School District No.2, has requested a variance from Meridian City Code
(MCC) 11-9-1 to exceed the 35 foot height limit in the R-8 zone for construction of the
proposed Rocky Mountain High School at 5450 N. Linder Road, approximately one-half mile
north of McMillan Road.
The applicant has stated that due to the nature of a high school building, several components of
the building such as the auditorium, stages, and gymnasiums require large volume spaces and
cannot be built within the height limits of the district. If the building heights were restricted to
those allowed within the R-8 zone, the school would not be able to meet the minimum
requirements for a public educational facility. The highest point ofthe proposed school building
is 60 feet for the gymnasium, and other portions of the building vary in height from 28 feet to 57
feet.
The applicant is requesting relief from the following ordinances:
.
MCC 11-9-1 Schedule of Bulk and Coverage Controls
V AR-05-0 17
RHMS.VAR.doc
LOCATION & SURROUNDING USES
The subject property is located at 5450 N. Linder Road, approximately one-half mile north of
McMillan Road. The following uses surround the subject property:
North - Single family residential and office uses under development in Paramount
Subdivision, zoned R-8 and L-O.
South - Agricultural land and a rural residence, zoned RUT (Ada County), and future
commercial development in Paramount Subdivision, zoned C-G.
East - Future single family residential development in Paramount Subdivision, zoned
R-8.
West - N. Linder Road and Lochsa Falls Subdivision, zoned R-4.
CURRENT OWNERS OF RECORD
The owner of record is Joint School District No.2 and Wendell Bigham, an authorized agent,
has given submitted a notarized Affidavit of Legal Interest with the application.
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;
Staff finds that there are not special circumstances affecting the property. The property
is large enough to accommodate the required facilities, parking, and landscaping in
compliance with Meridian City Code. The special circumstances affecting the
application are related to the nature of the use as a school facility, not the property
specifically.
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;
Staff finds that strict compliance with the City's height limits on this site would result in
an extraordinary hardship to the developer due to the nature of the intended use as a
school facility. The gymnasium and auditorium uses associated with the use as a public
school are permitted uses as part of the school in the R-8 zone, and are different
structures than are usually regulated by the R-8 zone maximum building height. The
structures require higher ceilings for their intended uses which are unique to the use of
the property as a school site. Therefore granting the variance would not be granting any
special privileges denied to similar uses in the same district. The requested variance is
not for convenience or profit, it is simply the nature of the structures.
VAR-05-017
RHMS.VAR-doc
2
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 height
variances to other school properties with similar situations within Meridian, and staff is
unaware of any harmful impacts from these height 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 height limits to allow the building of a
school facility designation and will not have the effect of altering the purpose and/or
interest of the Zoning Ordinance or the Comprehensive Plan. The Comprehensive Plan
states that the City should "Support the location of school sites within every square mile
in undeveloped areas" (Chapter VI, Goal I, Objective A, Action 2) and "Permit schools,
churches, and other public and quasi public uses in rural areas, that are compatible with
adjacent uses (Chapter VII, Goal I, Objective D, Action 7)."
STAFF RECOMMENDATION
Staff is recommending approval of the parking variance for the following reasons:
. The gymnasium and auditorium uses associated with the use as a public school are
permitted uses as part ofthe school in the R-8 zone, and are different structures than are
usually regulated by the R-8 zone maximum building height. The structures require
higher ceilings for their intended uses which are unique to the use of the property as a
school site. Therefore granting the variance would not be granting any special privileges
denied to similar uses in the same district. The requested variance is not for convenience
or profit, it is simply the nature of the structures.
. 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
unreasonab I e;
. That strict compliance with the requirements of MCC would result in extraordinary
hardship to the 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 ofMCC will result in inhibiting the achievements or the objectives of
MCC and the Comprehensive Plan;
. Granting 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; and
. The subject variance will not have the effect of altering the interest and purpose ofMCC
and the Meridian Comprehensive Plan.
V AR~O5~017
RHMS.VARdoc
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