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HomeMy WebLinkAboutMountain View HS VAR 01-002BEFORE THE MERIDIAN CITY COUNCIL C/C 02/06/01 IN THE MATTER OF THE ) APPLICATION OF HUMMEL ) ARCHITECTS, FOR A VARIANCE ) TO REDUCE THE NUMBER OF ) LANDSCAPED ISLANDS IN THE ) PARI(ING LOT FOR THE NEW ) MOUNTAIN VIEW HIGH ) SCHOOL, LOCATED ) SOUTHEAST OF THE ) INTERSECTION BETWEEN ) LOCUST GROVE AND ) OVERLAND ROADS, MERIDIAN, ) IDAHO ) VAR-01-002 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 February 6, 2001, and Shad Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying on behalf of the Applicant were Patti Hooghldrk and Skylar Rubel of Hummel Architects, 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: FIND1NGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / VAR-01-002 HUMMEL ARCHITECTS - MT. VIEW HIGH SCHOOL Page 1 of 10 FINDINGS OF FACT 1. The City Council takes judicial notice of its Zoning, Subdivisions and 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 Hummel Architects, P.A~ c/o Paul Hooghldrk, whose address is 802 W. Bannock St., Ste. 700, Boise, Idaho 83702. 4. The owner of the property is Joint School District No. 2 c/o Wendi Bigham, whose address is 911 Meridian St., Meridian, Idaho 83642. 5. The location of the subject property is located in the Low Density Residential District (R-4) southeast of the intersection between Locust Grove and Overland Roads, 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, and is on file with the Meridian City Clerk's office. 7. The present land use of subject property is presently zoned as (R-4) Low Density Residential District and is farmland. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / VAR-01-002 HUMMEL ARCHITECTS - MT. VIEW HIGH SCHOOL Page 2 of 10 8. The proposed land use of subject property is for a new high school for Meridian to be lmown as Mountain View High School. 9. The Applicant seeks a variance of the following provision of the Meridian City Code § 11-13-4 B. 3. b. and c., Design Standards for Off-Street Parldng, from the landscaping islands in the parking lot to reduce the number, to increase the required distance between landscape islands within parking lots, to eliminate the requirement for landscape islands to delineate the flow of traffic within parking lots, and to provide the required percentage of landscape area versus paved area in patldng lots, mostly around the perimeter of the lot as opposed to internally. The specific variance from the ordinance is a large uninterrupted area of parking surface is needed for band and ROTC practice. In addition, it would create undue hardship upon the school district, for both short term and long term maintenance and operational cost. Modification of the parking lot landscaping requirement to reduce the number of planters is requested. Planters, plants, and irrigation would be a high maintenance concern due to carelessness of student drivers. 10. That a vicinity map, which appears on record with the Meridian City Clerk's office, 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / VAR-01-002 HUMMEL ARCHITECTS - MT. VIEW HIGH SCHOOL Page 3 of 10 1 I. The Applicant seelcs a variance of the following provision of the Meridian City Code, § 11-13-4 B. 3. c., Design Standards for Off-Street Padcing, in the R-4 zone, and which is attached hereto as Exhibit "A", and consisting of one (1) page. 12. 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 Planning and Zoning Department. 13. The characteristics of the subject property which prevent compliance with the requirements of the ordinance are that the uninterrupted parldng lot areas are needed for school activities. In addition, the lots are not visable from oft-campus and should not have the same standards applied as those of a commercial development. Students would create unusual long-term maintenance and operation costs, due to the student drivers being required to maneuver around the landscape islands. Additionally, the school site contains large areas of open "green space" not commonly found in commercial developments. 14. The minimum requirements of the ordinance that need to be reduced to permit the proposed use would be the elimination of the requirement from the landscaping requirements for parking lots to allow for a large uninterrupted area of parking surface which is needed for band and ROTC practice. 15. The difficulty or hardship which wonld result if the requirements of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / VAR-01-002 HUMMEL ARCHITECTS - MT. VIEW HIGH SCHOOL Page 4 of 10 ordinance were applied to the subject property is that the parking lots could not be efficiently used for band and ROTC practice. In addition, the planters, plants, and irrigation would be a high maintenance concern due to carelessness of student drivers. 16. The unusual or peculiar circumstances which indicate that regulations of the ordinance should not be strictly complied with are the uninterrupted parking areas which are needed for school activities. In addition, the lots are not visible from off- campus and should not have the same standards applied as those of a commercial development. Students would create unusual long-term maintenance and operation costs, due to the student drivers being required to maneuver around the landscape islands. 17. The special conditions and circumstances is that it is not very visible from any major street frontage, as it does not front onto any public roadway. Additionally, the school site contains large areas of open "green space" not commonly found in commercial developments. 18. A literal interpretation of the provisions of the ordinance would deprive the developer because the ordinance applies the same standard for a typical high- visibility strip-mall parMng lot, to a "land4ocked" and out-of-sight high school parking lot. 19. The existence of special circumstances or conditions affecting the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / VAR-01-002 HUMMEL ARCHITECTS - MT. VIEW HIGH SCHOOL Page 5 of 10 property is that a large uninterrupted paved surface is required as stated above. High school students are prone to careless driving situations. Those conditions are not a result of the applicant's actions. 20. Granting the variance would maintain rights which would be afforded to others in the same situation. 21. The Comprehensive Plan for the Low Density Residential District (R-4) is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible nonresidential uses. The R-4 District allows for a maximum of four (4) dwelling units per acre and requires connection to the Municipal water and sewer systems of the City. 22. The variance would allow the owner to construct an educational building that would be functional for the Meridian area students. 23. 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, and, in fact, the development of the plat in accordance with the conditions of approval and the requirements of the Subdivision Ordinance will prevent the conditions which are the source of the complaints raised in the public heating of this matter. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / VAR-01-002 HUMMEL ARCHITECTS - MT. VIEW HIGH SCHOOL Page 6 of 10 23. The granting of this variance wil/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. 24. The applicant paid the fee established by the City Council for application variance. CONCLUSIONS OF LAW i. The City of Meridian has authority pursuant to the enactment of the Local Land Use PlanningAct of 1975 codified at Chapter 65, Title 67, and in partictflar, 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 -- ORDER OF DECISION GRANTING A VARIANCE / VAR-01-002 HUMMEL ARCHITECTS - MT. VIEW HIGH SCHOOL Page 7 of 10 Ordinance would dearly 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, § I 1-13-4 B. 3. c., Design Standards for Off- Street Parking, in the R-4 zone, and which is attached hereto as Exhibit "A", and consisting of one (I) page. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Cotmcil does hereby Order and this does Order: 1. That the Applicant is hereby granted a variance from the Design Standards for Off-Street Parldng from the requirement from the one thousand five hundred square FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / VAR-01-002 HUMMEL ARCHITECTS - MT. VIEW HIGH SCHOOL Page 8 of 10 feet of pavement area for landscaping, in the R-4 zone, and this variance shall include in the parldng lot the same amount of area to be covered by the islands but applicant will not have to construct as many islands, but the amount of islands shall be approved by the Planning and Zoning Department. NOTICE OF FINAL ACTION 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 a variance authorizing a variance of the Design Standards for Off-Street ParMng in the R-4 Zone as provided in the Section 11-13-4 B. 3. c. 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. By action of the City Council at its regular meeting held on the ~-{7f'/'~ day of ROLL CALL: ,2001. COUNCILMAN RON ANDERSON COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD VOTED VOTED VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / VAR-01-002 HUMMEL ARCHITECTS - MT. VIEW HIGH SCHOOL Page 9 of 10 COUNCILWOMAN CHERIE McCANDLESS VOTED MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: ,~-~49 ~-O { MOTION: ~ APPROVED: DISAPPROVED: City Clerk ~vv served urmn Aorflicant. the Plannin~ and Zoning Department, Public Works partment, aha me tJlty Attorney OiilCe~. ms g/Z:\WorkWAMefidiankMefidian 15360IVlKMt. View High School VAR01-00 l~fClsGranWadance002 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / VAR-01-002 HUMMEL ARCHITECTS - MT. VIEW HIGH SCHOOL Page 10 of 10 11-13-4 11-13-4 1 1-13-4.' DESIGN STANDARDS FOR OFF-STREET PARKING: Size And Dimension: The size and design of off-street parking shall be in accordance with the standards as shown in subsection F of this Section. (Ord. 430, 4-2-1984) Screening, Landscaping And Drainage: 1. Landscaping: Landscaping shall be required for all off-street parking areas for multi-family residential, commercial, industrial and technical developments. 2. Underground sprinkling systems shall be required to maintain screening, planting strips, and other landscaping. 3. Screening: a. Whenever a commercial off-street parking area is located in or adjacent to a residential district, it shall be effectively screen'ed on all sides which adjoin or face any property used for residential purposes by a wall, fence, or planting screen that is not less than four feet (4') in height plus a planting strip of four feet (4') minimum width or in an alternate arrangement as approved by the Commission. b. Suitable landscaping and ground cover shall be =provided and maintained on a continuing basis within the planting strip. Planting screens or hedges shall not exceed two feet (2') in height where location is such that sight lines are necessary for vehicular movement across pedestrianways. c. At least one tree of not less than three inches (3") diameter size class shall be provided for every one thousand five hundred (1,500) square feet of pavement area. 4. Drainage: A drainage plan designed by an architect or an engineer shall be submitted and required for all off-street parking areas and shall be approved by the City Engineer. (Ord. 557, 10-1-1991) Lighting: The illumination of parking lot shall be designed so that the light from lighting fixtures in the parking lot does not reflect direct rays or spill over into adjacent residential districts.~ All parking lot lighting arrangements shall be installed as approved by the City City of Meridian