HomeMy WebLinkAboutMerchants Plaza Subdivision VAR-01-003
BEFORE THE MERIDIAN CITY COUNCIL
C/C 02/20/01
IN THE MATTER OF THE
APPLICATION OF WILD
SHAMROCK, LLP, FOR A
VARIANCE FROM THE
PREVIOUS TIME EXTENSION
ON THE FINAL PLAT
RECORDING AND ALLOWING
THE FINAL PLAT
RECORDATION DATE OF
SEPTEMBER 25,2000, FOR
MERCHANTS PLAZA
SUBDIVISION fica FIRST
MERIDIAN PLAZA
SUBDIVISION, LOCATED EAST
OF MERIDIAN ROAD AND
SOUTH OF GEM STREET,
MERIDIAN, IDAHO
VAR-OI-003
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 20, 2001, and Shari Stiles, Planning and Zoning Administrator,
appeared and testified, and appearing and testifying on behalf of the Applicant was Jason
Densmare, 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND - Page 1 of 10
ORDER OF DECISION GRANTING A VARIANCE FOR
FINAL PLAT RECORDATION / BY: WILD SHAMROCK, LLP. / V AR-Ol-OO3
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
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 Wild Shamrocl<., LLP, whose address is 12301 W.
Explorer, Suite 240, Boise, Idaho 83713.
4.
The owner of the property is Wild Shamroclc, LLP, whose address is
12301 W. Explorer, Suite 240, Boise, Idaho 83713.
5.
The location of the subject property is presently located in a General
Retail and Service Commercial District (C-G) zone, and which subject property is
located east of Meridian Road and south of Gem Street, 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND - Page 2 of 10
ORDER OF DECISION GRANTING A VARIANCE FOR
FINAL PLAT RECORDATION / BY: WILD SHAMROCK, LLP. / V AR-O1-003
7.
The present land use of the subject property is presently zoned as General
Retail and Service Commercial (C-G), and which subject property is presently retail
business.
8.
The proposed land use of the subject property is to develop the subject
property in the following manner: office/retail development.
9.
That a vicinity 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 seelçs a variance of the following provision of the Meridian
City Code, § 12-3-6 A. and B., APPROVAL PERIOD, and in the CoG zone, provides
as follows:
A.
B.
12-3-6 A. and B. APPROVAL PERIOD:
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 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND - Page 3 of 10
ORDER OF DECISION GRANTING A VARIANCE FOR
FINAL PLAT RECORDATION / BY: WILD SHAMROCK, LLP. / V AR-Ol-O03
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 period of twelve (12) months.
The twelve (12) month time frame was inadequate, due to problems the applicant
encountered. The unforeseen and unfortunate circumstances beyond the control of the
applicant occurred during the period that delayed the recording of the final plat until
September 25, 2000 were as follows:
12.1 A delay of approximately three months resulted from the ill health of the
land surveyor who prepared the final plat. Regrettably, Mr. Brian Iverson
P.E., P.LS. became ill and was unable to complete the recording of the
final plat within the one-year time frame. Mr. Iverson's illness was
serious enough to force him to retire entirely from engineering and
surveying.
12.2 The name of the subdivision was changed from First Meridian Plaza to
Merchants Plaza Subdivision at the request of the Ada County Engineer.
The procedures required to complete this name change took considerable
time.
12.3 A two-month delay resulted from complications encountered during the
Ada County Surveyor's verification of the set monuments.
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 twelve
(12) month extension and allow the September 25,2000 recording date to be
approved.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND - Page 4 of 10
ORDER OF DECISION GRANTING A VARIANCE FOR
FINAL PLAT RECORDATION / BY: WILD SHAMROCK, LLP. / V AR-OI-003
14.
The difficulty or hardship which would result if the requirements of the
ordinance were applied to the subject property is the applicant would be required to
resubmit an application for final plat approval and pursue approval of this final plat
through all applicable agencies (Ada County Highway District, Ada County Assessor,
Central District Health, and others). Essentially, the applicant would re-do significant
amounts of administrative work to re-record the final plat of Merchants Plaza
Subdivision. In addition to this time and expense from the applicant, it would
encumber City resources as well as other regulatory agencies for a project that is
already constructed and in accordance with current criteria.
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 12 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 final
plat application at considerable time and expense, and would result in no significant
changes to the project as currently constructed.
17.
Granting the variance would maintain rights which would be afforded to
others in the same situation.
18.
The purpose of the CoG General Retail and Service Commercial District is
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND - Page 5 of 10
ORDER OF DECISION GRANTING A VARIANCE FOR
FINAL PLAT RECORDATION / BY: WILD SHAMROCK, LLP. / V AR-Ol-O03
to provide for commercial uses which are customarily operated entirely or almost
entirely within a building; to provide for a review of the impact of proposed commercial
uses which are auto and service oriented and are located in close proximity to major
highway or arterial streets; to fulfill the need of travel-related services as well as retail
sales for the transient and permanent motoring public. All such districts shall be
connected to the Municipal water and sewer systems of the City, and shall not
constitute strip commercial development and encourage clustering of commercial
development.
19.
The variance would allow the applicant's present recorded final plat of
September 25,2000, to be approved.
20.
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.
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND - Page 6 of 10
ORDER OF DECISION GRANTING A VARIANCE FOR
FINAL PLAT RECORDATION / BY: WILD SHAMROCK, LLP. / V AR-OI-OO3
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 § II-IS.
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-
IS-3, include required findings that there are special circumstances or conditions affecting
the property that strict application of the provisions of Zoning and Development
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 malce 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND - Page 7 of 10
ORDER OF DECISION GRANTING A V ARlANCE FOR
FINAL PLAT RECORDATION / BY: WILD SHAMROCK, LLP. / V AR-OI-003
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:
A.
12-3-6 A. and B. APPROVAL PERIOD:
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.
B.
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.
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 twelve (12) month
time extension to allow the September 25, 2000 final plat recording, which was delayed
due to problems the applicant encountered.
The unforeseen and unfortunate
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND - Page 8 of 10
ORDER OF DECISION GRANTING A VARIANCE FOR
FINAL PLAT RECORDATION / BY: WILD SHAMROCK, LLP. / V AR-OI-O03
circumstances beyond the control of the applicant occurred during the period that delayed
the recording of the final plat until September 25, 2000, for the property located east of
Meridian Road and south of Gem Street, Meridian, Idaho, in the CoG zone.
NOTICE OF FINAL ACTION
Please tal<:e 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 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.
By action of the City Council at its regular meeting held on the 6 -fl. day of
/Î1Ú/L-e-f.-
,2001.
ROLL CALL:
COUNCILMAN RON ANDERSON
VOTED~
COUNCILMAN KEITH BIRD
VOTED~
VOTED~
COUNCILWOMAN TAMMY deWEERD
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND - Page 9 of 10
ORDER OF DECISION GRANTING A VARIANCE FOR
FINAL PLAT RECORDATION / BY: WILD SHAMROCK, LLP. / V AR-OI-O03
COUNCILWOMAN CHERIE McCANDLESS
VOTED~
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED
DATED: 3-6-tPl
MOTION: ~ ~
APPROVED:
DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department, and the City Attorney office.
~~~~~
ity Clerk
Dated:
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND - Page 10 of 10
ORDER OF DECISION GRANTING A VARIANCE FOR
FINAL PLAT RECORDATION / BY: WILD SHAMROCK, LLP. / V AR-OI-O03
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