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HomeMy WebLinkAboutGemtone Center No. 4 VAR-00-022BEFORE THE MERIDIAN CITY COUNCIL C/C 12/19/00 IN THE MATTER OF THE ) APPLICATION OF GEMTONE, ) INC., FOR A VARIANCE ) ALLOWING A SIX (6) MONTH ) TIME EXTENSION ON THE ) PRELIMINARY PLAT FOR WEST ) OF EAGLE ROAD AND SOUTH ) OF FAIRVIEW AVENUE, ) MERIDIAN, IDAHO ) VAR-00-022 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE The above entitled matter coming on regularly for public hearing before the City Council on December 19, 2000, and Shari Stiles, Planning and Zoning Administrator, !. appeared and testified, and appearing and testifying on behalf of the Applicant was Becky Bowcutt, and no one appeared in opposition, and the City Council having received the transmittal to agencies and having received the variance application, having heard the testimony presented, being fully advised in the premises does hereby make the following Findings of Fact and Conclusions of Law and Order of Decision, as follows to-wit: FINDINGS OF FACT 1. The City Council takes judicial notice of its Zoning, Subdivision and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE FOR PRELIMINARY PLAT / BY: GEMTONE, INC. / VAR-00-022 Page 1 of 9 Development Ordinances codified at Title 11 Municipal Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21, 1993 Ordinance #629 - January 4, 1994 and Maps. 2. The requirements of Idaho Code §§ 67-6509, 6516 and Meridian City Code §§ 11-15-5 and 12-11-3 as evidenced in the record of this matter. 3. The Applicant is Gemtone, Inc., whose address is PO Box 2727, Boise, Idaho 83701. 4. The owners of the property are Gemtone, Inc., whose address is PO Box 2727, Boise, Idaho 83701. 5. The location of the subject property is presently located in a Light Industrial (I-L).zone, and which subject property is located west of Eagle Road and south of Fairview Avenue, Meridian, Idaho. 6. The legal description of the property appertains to the real property that is included within the Vicinity Map as appears in the record of proceeds of this matter, which is on file :in the City Clerk's Office. 7. The present land use of the subject property is presently zoned as Light Industrial (l-L), and which subject property is presently vacant. 8. The proposed land use of the subject property is to develop the subject property in the following manner: A commercial/office/industrial development. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 2 of 9 ORDER OF DECISION GRANTING A VARIANCE FOR PRELIMINARY PLAT / BY: GEMTONE, INC. / VAR-00-022 9. That a vidnity map, attached hereto as Exhibit "A", consisting of one page, of the proposed scale approved by the City Council showing property lines, existing streets, proposed district and such other items as required have been furnished. 10. The Applicant seeks a variance of the following provision of the Meridian City Code, § 12-3-6 A. and B., APPROVAL PERIOD, and in the I-L zone, provides as 12-3-6 A. and B. to Bo follows: APPROVAL PERIOD: Failure to Submit Final Plan: Coundl approval of the preliminary development plan shall become null and void if the applicant fails to submit the final development plan within one year of Council approval of the preliminary development plan. Authorize Extension: Upon written request to the Council and filed by the applicant prior to the termination of the said one year period as stated in subsection A of this Section, the Council may authorize a. single extension of the approval of the preliminary development plan for a period not to exceed one year from the end of the said one year period. 11. All property owners within three hundred feet (300') of the external boundaries have been notified by mail, and their mailing addresses may be obtained from the list on file with the City Clerk. 12. The applicant was granted a time extension for a period of six (6) months. The six (6) month time frame was inadequate, due to problems with storm drainage and an issue of discharge. The applicant's engineer has been delayed solving the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE FOR PRELIMINARY PLAT / BY: GEMTONE, INC. / VAR-00-022 Page 3 of 9 problems associated with this project. 13. The minimum requirements of the ordinance that need to be reduced to permit the proposed use would be the elimination of the requirement of the six (6) month extension and allow an additional six (6) month extension. 14. The difficulty or hardship which would result if the requirements of the ordinance were applied to the subject property is that due to the fact the applicant did not have enough time to obtain the necessary government approvals. The applicant believes that the additional six (6) month time extension would allow finalization of the project. The request does not involve any reduction in minimum requirements. 15. The unusual or peculiar circumstances which indicate that regulations of the ordinance should not be strictly complied with, and the special conditions and circumstances that exist, are the same as number 14 above. 16. A literal interpretation of the provisions of the ordinance would deprive the Applicant rights because the applicant would then be required to resubmit a preliminary plat. If this were the case, it would delay the completion of the project and the construction of the extension of Pine Street. Council has determined that the extension of Pine Street is a priority. 17. The existence of special circumstances or conditions affecting the property is that a six (6) month time extension was granted, and the Ordinance allows FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 4 of 9 ORDER OF DECISION GRANTING A VARIANCE FOR PRELIMINARY PLAT / BY: GEMTONE, INC. / VAR-00-022 up to twelve (12) months. The applicant's engineer requires additional time to resolve the design problems. 18. Granting the variance would maintain rights which would be afforded to others in the same situation. 19. The purpose of the I-L Light Industrial District is to provide for light industrial development and opportunities for employment of Meridian citizens and area residents and reduce the need to commute to neighboring cities; to encourage the development of manufacturing and wholesale establishments which are clean, quiet and free of hazardous or objectionable elements, such as noise, odor, dust, smoke or glare and that are operated entirely or almost entirely within enclosed structures; to delineate areas best suited for industrial development because of location, topography, existing facilities and relationship to other land uses. This District must also be in such proximity to ensure connection to the Municipal water and sewer systems of the City. Uses incompatible with light industry are not permitted, and strip development is prohibited. 20. The variance would allow the applicant's engineer the required additional time to resolve the design problems. 21. The granting of the requested variance will not be detrimental to the public's welfare, or injurious to other property in the area of the proposed plat. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 5 of 9 ORDER OF DECISION GRANTING A VARIANCE FOR PRELIMINARYPLAT / BY: GEMTONE, INC. / VAR-00-022 22. The granting of this variance will not have an effect of altering the interest and purpose of the Subdivision or Development Ordinance and/or the City's Comprehensive Plan for the reasons stated above. 23. The applicant paid the fee established by the City Council for application variance. CONCLUSIONS OF LAW 1. The City of Meridian has authority pursuant to the enactment of the Local Land Use Planning Act of 1975 codified at Chapter 65, Title 67, and in particular, by the provisions of Idaho Code § 67-6516 to provide as part of its zoning ordinance for the process of applications for variance permits. 2. The City of Meridian has exercised its authority of Idaho Code § 67-6516 by the enactment as a part of its Zoning and Development Ordinance variances, as set forth in Meridian City Code § 11-18. 3. That the reqUirements for the processing of a variance request are set forth in Idaho Code §§ 67-6509, 6516 and Meridian City Code §§ 11-15-5 and 11-17-5. 4. Application and standards for variances are set forth in Meridian City Code § 11-18-2, and the findings which are required are set forth in Meridian City Code § 11- 18-3, include required findings that there are special circumstances or conditions affecting the property that strict application of the provisions of Zoning and Development FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 6 of 9 ORDER OF DECISION GRANTING A VARIANCE FOR PRELIMINARY PLAT / BY: GEMTONE, INC. / VAR-00-022 Ordinance would clearly be impracticable and unreasonable, and a finding that strict compliance with the requirements of the Zoning and Development Ordinance would result in extraordinary hardship to the owner, subdivider or developer because unusual topography, the nature or condition of adjacent development, or other physical conditions or other conditions that make strict compliance with the ordinance unreasonable under the circumstances, or that the conditions and requirements of said ordinance will result in inhibiting the achievements or the objectives of the ordinance, and that the granting of a 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 that such variance will not have the effect of altering the interest and purposes of the Zoning and Development Ordinance and the Meridian Comprehensive Plan. 5. Meridian City Code, § 12-3-6 A. and B., APPROVAL PERIOD, and in the I-L zone provides as follows: 12-3-6 A. and B. APPROVAL PERIOD: A. Bo Failure to Submit Final Plan: Council approval of the preliminary development plan shall become null and void if the applicant fails to submit the final development plan within one year of Council approval of the preliminary development plan. Authorize Extension: Upon written request to the Coundl and filed by the applicant prior to the termination of the said one year period as stated in subsection A of this Section, the Council may authorize a single extension of the approval of the preliminary development plan for a period not to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 7 of 9 ORDER OF DECISION GRANTING A VARIANCE FOR PRELIMINARY PLAT / BY: GEMTONE, INC. / VAR-00-022 exceed one year from the end of the said one year period. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. That the Applicant is hereby granted a variance from the six (6) month time extension to allow for an additional six (6) month time extension to complete the I-L zone west of Eagle Road and South of Fairview Avenue, preliminary plat for this Meridian, Idaho. NOTICE OF FINAL ACTION 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 ;~n real property which may be adversely affected by the issuance or denial of a variance authorizing a variance of the APPROVAL PERIOD Requirements in the I-L Zone as provided in the Section 12-3-6 A. and B. and 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 8 of 9 ORDER OF DECISION GRANTING A VARIANCE FOR PRELIMINARY PLAT / BY: GEMTONE, INC. / VAR-00-022 By action of the City Council at its regular meeting held on the <25~~~ ,2001. ROLL CALL: COUNCILMAN RON ANDERSON COUNCILMAN KEITH BIRD COUNCILPERSON TAMMY deWEERD COUNCILPERSON CHERIE McCANDLESS MAYOR ROBERT D. CORRIE (TIE BRF_~r~ER) DATED: /~,~ --O// VOTED VOTED VOTED VOTED VOTED day of MOTION: APPROVF~ DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and the City Attorney office. By~~-~ & ~ Dated: City Clerk ~ ~ ~Z:XWork~di~di~ 15360M~Gem~ne Center No. 4 VAR~ls~antV~ce F~GS OF FACT ~ CONCLUSIONS OF LAW ~ -- Page 9 of 9 O~ER OF DECISION G~T~G A V~CE FOR P~LIM~Y' PLAT / BY: GEMTO~, ~C. / V~-00-022 o ~ C