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Elixir Properties Subdivision VAR 01-012February 15, 2002 VAR 01 -012 MERIDIAN CITY COUNCIL MEETING February 19, 2002 APPLICANT Paul Clayton ITEM NO. REQUEST Findings tabled from February 5, 2002 -- Request for a Variance to the Landscape Ordinance for Elixir Properties Subdivision - 521 North Eagle Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT; MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRIC NAMPA MERIDIA1 SETTLERS IRRIGATI IDAHO POWER: US WEST: INTERMOUNTAIN See attached Revised Findings BUREAU OF RECLAMATION: OTHER: Contacted: Date:,,/-/"--)- -1) a4--..) Phone: Materials presentko at public meetings shall become property of the City of Meridian. MEMORANDUM To: William G. Berg, Jr. ' Pgs� J From: Marlene St. George Subject: Elixir Industries — Elixir Subdivision (VAR -01-012) Date: February 11, 2001 FEB 2012 , e t uer � ity Clerk Office it Please find attached a revised original of the Findings of Fact and Conclusions of Law and Decision and Order Granting a Variance for Elixir Subdivision, pursuant to revisions made on todays date, and which relate to the Council's action taken at their February 5, 2002 meeting. Please replace these revised Findings with any previous findings that were sent to your office. The Council approved the Findings originally at their September 18, 2001, sleeting. These revised findings have been tabled until the City Council sleeting to be held on Tuesday, February 19, 2002. If the Findings are approved, please serve conformed copies of the Findings upon the Applicant and the Planning and Zoning Department, Public Works and the City Attorney office, if Council approves the Findings. If you have any questions arise please advise. Z:AWork\Nl\Meridian\Meridian 15360M\Elixier Sub RZO1-006 PPO1-014 VARO1-012\bergO21102MemoRevisedVARFF01- 012.doc ** TX CONFIRMATION REPORT ** AS OF FEB 01 '02 16;05 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD4 STATUS 23 02/01 16:05 2088881556 EC --S 00'19" 001 084 OK }F, City of Meridian City Clerk's Office I? (208) 88&4433 Fax (208) 888-4218 Memo To: Paul Clayton, Elixir Industries via facsimile: 888-1556 From: Sharon Smith CC: City Clerk File Date: 2/1/02 Re: Request for Variance to Landscape Ordinance This matter is on the City Council agenda for February 5, 2002 at 6:30 p.m. You may pick up your item packet at City Hall between the hours of 8:00 a.m. and 5:00 p.m. Please feel free to call if you would like a copy of the agenda or have any questions. a Page 1 February 1, 2002 VAR 01-012 MERIDIAN CITY COUNCIL MEETING February 5, 2002 APPLICANT Paul Clayton ITEM NO. 3-F REQUEST Findings -- Request for a Variance to the Landscape Ordinance for Elixir Properties Subdivision -- 521 North Eagle Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS See attached Findings Contacted:' L ext Date. - f Pr Phone t Jit ` r : , Materials presented at public meetings shall become property of the City of Meridian. tiou,,, v Interoffice MEMORANDUM RECETx P _,.... To: William G. Berg, Jr.f ` 2 NoZU From: Marlene St. George Citi ", '%'fieri a" C1 ClerOffiuj Subject: Elixir Industries — Elixir Subdivision (VAR -01-012) Date: November 20, 2001 Please find attached another original of the Revised Findings of Fact and Conclusions of Law and Decision and Order Granting a Variance, pursuant to revisions made on todays date, and which relate to a telephone discussion I'had with David McKinnon this morning. Please replace these revised Findings with any previous findings that were sent to your office. These findings reflect staff comments dated August 31,2001 and the motion of the Council from their September 4, 2001 meeting. The Council approved the Findings originally at their September 18, 2001, meeting. These revised Findings will now need to be placed upon a Council agenda for discussion and approval. If the Findings are approved, please serve conformed copies of the Findings upon the Applicant and the Planning and Zoning Department, Public Works and the City Attorney office, if Council approves the Findings. If you have any questions arise please advise. Z:\Worlc\M\Meridian\Meridian 15360M\Elixier Sub R7-01-006 PPO1-014 VAR01- 012\berg 112001 MemoRevisedVARFindings0l-012.doc BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF PAUL B. CLAYTON, FOR A VARIANCE FOR ELIXIR SUBDIVISION FROM 12-13-10-4 AND 12-13-12 MERIDIAN CITY CODE, FOR SUBDIVISION STREET BUFFERS AND LANDSCAPE BUFFERS, LOCATED AT 521 N. EAGLE ROAD, MERIDIAN, IDAHO C/C 9-04-01 Revised 11-02-01 Revised 11-20-01 VAR -01-012 REVISED 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 September 4, 2001, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying was the Applicant, Paul B. Clayton, and appearing with concerns or comments were; Brad Miller and Becky Bowcutt, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 1 of 11 ORDER OF DECISION GRANTING A VARIANCE / VAR -01-012 / ELIXIR SUBDIVISION follows to -wit: 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 Paul B. Clayton, whose address is 501 N. Eagle Road, Meridian, Idaho. 4. The owner of the property is Elixir Industries, 17925 South Broadway, Gardena, California. zone. 5. The property located at 521 N. Eagle Road, Meridian, Idaho is an I -L 6. The legal description of the property appertains to the real property that is included within the Vicinity Map, and is attached hereto as Exhibit "A" and consisting of one page, and as the legal description appears in the record of proceeds of this matter, and which is on file with the Meridian City Cleric's office. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 2 of 11 ORDER OF DECISION GRANTING A VARIANCE / VAR -01-012 / ELIXIR SUBDIVISION 7. The present land use of subject property is presently zoned as I -L, and which subject property is presently vacant. 8. The proposed land use of subject property is to develop the subject property in the following planner: Industrial and office development. 9. That a vicinity map, attached hereto as Exhibit "A" and 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, H 12-13-10-4 — Street Buffers, Buffer Size and 12-13-12 — Buffers Between Different Land Uses, which provides as follows: 12-13-10-4 STREET BUFFERS: Buffer Size: The required width of the landscape buffer is calculated based on the Ada County Long Range Highway and Street Map (and future updates) as follows. Note: Residential Collectors do not have a required street buffer. Street Type Buffer Width Local Roads 10 feet (except in residential areas per 7.3) Urban Collector 20 feet FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 3 of 11 ORDER OF DECISION GRANTING A VARIANCE / VAR -01-012 / ELIXIR SUBDIVISION Principal &. Minor Arterials 25 feet (other than entryway corridors) Entryway Corridors 35 feet (as defined in the Comprehensive Plan) Interstate 84 50 feet 12-13-12 BUFFERS BETWEEN DIFFERENT LAND USES: 12-13-12-1 Purpose: The landscape requirements in this section are intended to ensure incompatible, adjoining land uses are adequately protected and are provided an appropriate amount of land separation to conduct permitted uses without causing adverse impact. An incompatible land use is defined as one that is more intensely developed than its neighbor (as defined herein under section 9.4) and typically involves minimizing potential nuisances such as noise, dirt, litter, glare of lights, or other objectionable activities. The buffers are required along the entire contiguous property line. 12-13-12-2 Responsibility for Buffer Construction: The required buffer between different land uses shall be provided by the higher intensity use and shall be located on the building site of the higher intensity use, except as determined otherwise by the Planning Director after written request. If a lower intensity use is proposed adjacent to an existing higher intensity use with no buffer, the lower intensity use must provide the required buffer. 12-13-12-3 Buffer Materials: The materials within the required buffer between incompatible land uses are regulated as follows: A. Mix of Materials All buffer areas shall be comprised of, but not limited to, a mix of evergreen and deciduous trees, shrubs, lawn, or other vegetative groundcover. Fences, walls and berms may also be incorporated into the buffer area. B. Barrier Effectiveness The required buffer area shall result in an effective barrier FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 4 of 11 ORDER OF DECISION GRANTING A VARIANCE / VAR -01-012 / ELIXIR SUBDIVISION within three (3) years and be maintained such that sixty percent (60%) or more of the vertical surface is closed and prevents the passage of vision through it. Trees may be spaced closer as necessary to achieve this goal. C. Buffer Walls Where existing or proposed adjacent land uses cannot be adequately buffered with plant material(s), the City may require inclusion of a wall, fence, or other type of screen that mitigates noise and/or unsightly uses. If a wall or fence at least six (6) feet tall is provided, the planting requirement may be reduced to at least one tree per 35 lineal feet, plus shrubs, lawn, or other vegetative groundcover must be provided within the buffer area, in lieu of the requirements of subsection B. D. Chainlink Fencing Chainlink or cyclone fencing, with or without slats, is prohibited within required buffers between different land uses. Chainlink may be used beyond the required buffer. Chainlink fencing does not qualify as a screening material; therefore the buffer must still be landscaped as per subsection B, even if a chainlink fence is provided. 12-13-12-4 Land Use Intensity Classifications: The table below is intended to provide a general classification of land use intensities for commonly proposed developments and is not a comprehensive list. If a land use is not listed, the intensity classification shall be determined by the Planning Director based upon the nearest use listed. Class I Class II Class III Class IV Class V Single Family Homes Multi -Family Dwellings Offices Restaurants Heavy Manufacturing Duplexes Child Care Centers Neighbor. Comm. Hotel/Motel Contractor Yards Golf Courses Libraries Middle Schools General Retail Processing Plants Cemeteries Senior Centers High Schools Grocery Stores Recycling FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 5 of 11 ORDER OF DECISION GRANTING A VARIANCE / VAR -01-012 /ELIXIR SUBDIVISION Parks Nurseries/Greenho Personal Parking Garages II III uses Services I Elementary Quasi Public Warehouses Vacant Land 20 Schools Uses zoned: Vacant Land 20 Clinics Storage Facilities I -L zoned: IV 25 20 20 R-2 Vacant Land V Indoor 30 25 zoned: Manufacturing R-3 R-15 Vacant Land zoned: R-4 R-40 L -O Vacant Land zoned: R -g C -N I C -G, C -C 12-13-12-5 Minimum Buffer Widths The minimum buffer width between incompatible land uses is based on the following table: Table Notes: a) Buffer widths are shown in feet. b) No buffer is required for blank (shaded) cells, unless an existing, adjacent and higher intensity use has not provided a buffer. In such cases, the lower intensity use must provide the buffer as per 9.2. c) The buffers between land uses are required only along contiguous lot lines. If incompatible land uses are across a public street from one another, the street FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 6 of 11 ORDER OF DECISION GRANTING A VARIANCE / VAR -01-012 / ELIXIR SUBDIVISION Intensilass of Ad'acent Use Intensity Class of Proposed Use I II III IV V I II 20 III 20 20 IV 25 20 20 V 35 30 25 20 Table Notes: a) Buffer widths are shown in feet. b) No buffer is required for blank (shaded) cells, unless an existing, adjacent and higher intensity use has not provided a buffer. In such cases, the lower intensity use must provide the buffer as per 9.2. c) The buffers between land uses are required only along contiguous lot lines. If incompatible land uses are across a public street from one another, the street FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 6 of 11 ORDER OF DECISION GRANTING A VARIANCE / VAR -01-012 / ELIXIR SUBDIVISION buffer requirements of Section 7 apply. 12-13-12-6 Pedestrian Access: Landscaping and screens shall not eliminate pedestrian access from residential development to abutting commercial districts and vice versa. 12-13-12-7 Existing Partial Buffers: If all or any part of the buffer has been provided on the adjacent property, the proposed use must provide only that amount of the buffer which has not been provided on the adjacent property. 12-13-12-8 Relationship to Parking Lot Perimeter Requirements: All buffers between different land uses may include any required perimeter parking lot landscape strips (see Section 8.2) when calculating the minimum width of the buffer. 12-13-12-9 Buffers along Pathways: All commercial, industrial, and office developments shall provide a five (5) foot wide minimum buffer adjacent to any planned pathways in the City s Comprehensive Plan or Park System Master Plan. The buffer shall be planted with a minimum of one (1) tree per thirty five (35) lineal feet. 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 Planning and Zoning Department. 12. The 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 where the common property line shared by Lots 1 and 2 has already been improved with asphalt, snaking the strict application of the current Landscape Ordinance impracticable. However, staff finds that there are no such special circumstances or conditions FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 7 of 11 ORDER OF DECISION GRANTING A VARIANCE / VAR -01-012 / ELIXIR SUBDIVISION that would malce the application of the required ten -foot landscape buffer along Commercial Court impracticable or unreasonable. There is plenty of parking for the current use and the installation of a new landscape buffer would limit the cut through traffic. Furthermore, the ten -foot wide street -side landscape buffer would promote a uniform appearance with the other street -side landscape buffers within the Subdivision (adjacent to Lots I and 3). If the buffer were eliminated it would make Lot 2's appearance look out of place with the surrounding properties. 13. The 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 malce 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 the lot does not possess any unusual topography, physical condition or other condition that would have made compliance with the setback requirements difficult or impossible. However, it would be unreasonable to request the applicant to meet the current ordinance as previously mentioned for buffer between land uses. 14. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 8 of 11 ORDER OF DECISION GRANTING A VARIANCE / VAR -01-012 / ELIXIR SUBDIVISION situated; staff finds that the requested variance for reducing the setback between land uses will not be detrimental to the public's welfare. Granting the variance will not be injurious to other property in the area. Public testimony was presented over the road and landscaping on the north side, which the road and landscaping would affect surrounding property owners. 15. That such variance will not have the effect of altering the interest and purpose of this Title and the Meridian Comprehensive Plan: Part 1 — Staff finds that the issuance of a variance for this project would not violate the intent and purpose of the Meridian City Code and the Comprehensive Plan. Part II — Staff finds that the issuance of a variance for the ten -foot landscape setback along Commercial would not be in the interest of the adopted Landscape Ordinance, which seeks to create aesthetically -pleasing streets in Meridian. 16. The applicant paid the fee established by the City Council for application for a 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 9 of 11 ORDER OF DECISION GRANTING A VARIANCE / VAR -01-012 / ELIXIR SUBDIVISION 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 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 10 of 11 ORDER OF DECISION GRANTING A VARIANCE / VAR -01-012 / ELIXIR SUBDIVISION 5. Meridian City Code, §§ 12-13-10-4 — Street Buffers, Buffer Size, and 12-13-12 Buffers Between Different Land Uses, and in the L -O zone if granted the variance, provides as follows: 12-13-10-4 STREET BUFFERS: Buffer Size: The required width of the landscape buffer is calculated based on the Ada County Long Range Highway and Street Map (and future updates) as follows. Note: Residential Collectors do not have a required street buffer. Street Type Buffer Width Local Roads 10 feet (except in residential areas per 7.3) Urban Collector 20 feet Principal &. Minor Arterials 25 feet (other than entryway corridors) Entryway Corridors 35 feet (as defined in the Comprehensive Plan) Interstate 84 50 feet 12-13-12 BUFFERS BETWEEN DIFFERENT LAND USES: 12-13-12-1 Purpose: The landscape requirements in this section are intended to ensure incompatible, adjoining land uses are adequately protected and are provided an appropriate amount of land separation to conduct permitted uses without causing adverse impact. An incompatible land use is defined as one that is more intensely developed than its neighbor (as defined herein under section 9.4) and typically involves minimizing potential nuisances such as noise, dirt, litter, glare of lights, or other objectionable activities. The buffers are required along the entire contiguous property line. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 11 of 11 ORDER OF DECISION GRANTING A VARIANCE / VAR -01-012 / ELIXIR SUBDIVISION 12-13-12-2 Responsibility for Buffer Construction: The required buffer between different land uses shall be provided by the higher intensity use and shall be located on the building site of the higher intensity use, except as determined otherwise by the Planning Director after written request. If a lower intensity use is proposed adjacent to an existing higher intensity use with no buffer, the lower intensity use must provide the required buffer. 12-13-12-3 Buffer Materials: The materials within the required buffer between incompatible land uses are regulated as follows: A. Mix of Materials All buffer areas shall be comprised of, but not limited to, a mix of evergreen and deciduous trees, shrubs, lawn, or other vegetative groundcover. Fences, walls and berms may also be incorporated into the buffer area. B. Barrier Effectiveness The required buffer area shall result in an effective barrier within three (3) years and be maintained such that sixty percent (60%) or more of the vertical surface is closed and prevents the passage of vision through it. Trees may be spaced closer as necessary to achieve this goal. C. Buffer Walls Where existing or proposed adjacent land uses cannot be adequately buffered with plant material(s), the City may require inclusion of a wall, fence, or other type of screen that mitigates noise and/or unsightly uses. If a wall or fence at least six (6) feet tall is provided, the planting requirement may be reduced to at least one tree per 35 lineal feet, plus shrubs, lawn, or other vegetative groundcover must be provided within the buffer area, in lieu of the requirements of subsection B. D. Chainlink Fencing Chainlink or cyclone fencing, with or without slats, is prohibited within required buffers between different land uses. Chainlink may be used beyond the required buffer. Chainlink FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 12 of 11 ORDER OF DECISION GRANTING A VARIANCE / VAR -01-012 / ELIXIR SUBDIVISION fencing does not qualify as a screening material; therefore the buffer must still be landscaped as per subsection B, even if a chainlink fence is provided. 12-13-12-4 Land Use Intensity Classifications: The table below is intended to provide a general classification of land use intensities for commonly proposed developments and is not a comprehensive list. If a land use is not listed, the intensity classification shall be determined by the Planning Director based upon the nearest use listed. 12-13-12-5 Minimum Buffer Widths The minimum buffer width between incompatible land uses is based on the following table: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 13 of 11 ORDER OF DECISION GRANTING A VARIANCE / VAR -01-012 / ELIXIR SUBDIVISION Class 11 Class III Class IV Class V Class I Single Family Homes Multi -Family Dwellin s Offices Restaurants Heavy Manufacturing Child Care Centers Neighbor. Comm. Hotel/Motel Contractor Yards Duplexes Libraries Middle Schools General Retail Processing Plants Golf Courses Senior Centers High Schools Grocery Stores Recycling Cemeteries Parks Nurseries/Greenho uses Personal Services Parking Garages Elementary Schools Quasi Public Uses Warehouses Vacant Land zoned: Clinics Storage Facilities I -L Vacant Land zoned: Vacant Land zoned: Indoor Manufacturing R-2 R-15 Vacant Land zoned: R-3 R-40 L -O Vacant Land zoned: R-4 C -N C -G, C -C R-8 12-13-12-5 Minimum Buffer Widths The minimum buffer width between incompatible land uses is based on the following table: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 13 of 11 ORDER OF DECISION GRANTING A VARIANCE / VAR -01-012 / ELIXIR SUBDIVISION Table Notes: a) Buffer widths are shown in feet. b) No buffer is required for blank (shaded) cells, unless an existing, adjacent and higher intensity use has not provided a buffer. In such cases, the lower intensity use must provide the buffer as per 9.2. c) The buffers between land uses are required only along contiguous lot lines. If incompatible land uses are across a public street from one another, the street buffer requirements of Section 7 apply. 12-13-12-6 Pedestrian Access: Landscaping and screens shall not eliminate pedestrian access from residential development to abutting commercial districts and vice versa. 12-13-12-7 Existing Partial Buffers: If all or any part of the buffer has been provided on the adjacent property, the proposed use must provide only that amount of the buffer which has not been provided on the adjacent property. 12-13-12-8 Relationship to Parking Lot Perimeter Requirements: All buffers between different land uses may include any required perimeter parking lot landscape strips (see Section 8.2) when calculating the minimum width of the buffer. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 14 of 11 ORDER OF DECISION GRANTING A VARIANCE / VAR -01-012 / ELIXIR SUBDIVISION Intensit Class of Ad'acent Use Intensity Class of Proposed Use I II III IV — V I 11 20 III 20 20 IV 25 20 20 V" 35 30 25 20 Table Notes: a) Buffer widths are shown in feet. b) No buffer is required for blank (shaded) cells, unless an existing, adjacent and higher intensity use has not provided a buffer. In such cases, the lower intensity use must provide the buffer as per 9.2. c) The buffers between land uses are required only along contiguous lot lines. If incompatible land uses are across a public street from one another, the street buffer requirements of Section 7 apply. 12-13-12-6 Pedestrian Access: Landscaping and screens shall not eliminate pedestrian access from residential development to abutting commercial districts and vice versa. 12-13-12-7 Existing Partial Buffers: If all or any part of the buffer has been provided on the adjacent property, the proposed use must provide only that amount of the buffer which has not been provided on the adjacent property. 12-13-12-8 Relationship to Parking Lot Perimeter Requirements: All buffers between different land uses may include any required perimeter parking lot landscape strips (see Section 8.2) when calculating the minimum width of the buffer. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 14 of 11 ORDER OF DECISION GRANTING A VARIANCE / VAR -01-012 / ELIXIR SUBDIVISION 12-13-12-9 Buffers along Pathways: All commercial, industrial, and office developments shall provide a five (5) foot wide minimum buffer adjacent to any planned pathways in the City s Comprehensive Plan or Park System Master Plan. The buffer shall be planted with a minimum of one (1) tree per thirty five (35) lineal feet. 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 approval of the reduced setback between land uses on Lots 1 and 2 (Part 1 in Finding 15 above). However, the applicant is hereby denied the elimination of the required street buffer along the north side of Lot 2 adjacent to Commercial Court. Approval of the variance request is hereby approved, but only with the elimination of the required street buffer, in the L -O zone for Elixir Subdivision. 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 Streets Buffers and Landscape Buffers Between Different Land Uses, requirements in the L -O Zone as provided in the Sections 12-13-10-4 and 12-13-12, and may within twenty-eight (28) days after FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 15 of 11 ORDER OF DECISION GRANTING A VARIANCE / VAR -01-012 / ELIXIR SUBDIVISION 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 day of , 2001. ROLL CALL: COUNCILMAN RON ANDERSON COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE McCANDLESS VOTED VOTED VOTED VOTED MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and the City Attorney office. m City Clerk Dated: ZAWork\M\Meridian\Meridian 15360M\Elixier Sub RZ01-006 PPOI-014 VAROI-012\REVISEDFfCISGrantVAR01-012Nov2.doe FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 16 of 11 ORDER OF DECISION GRANTING A VARIANCE / VAR -01-012 / ELIXIR SUBDIVISION �+I w 0 w 0 0 0 0 0 N EAGLE RD FiL E Copy BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF PAUL B. CLAYTON, FOR A VARIANCE FOR ELIXIR SUBDIVISION FROM 12-13-10-4 AND 12-13-12 MERIDIAN CITY CODE, FOR SUBDIVISION STREET BUFFERS AND LANDSCAPE BUFFERS, LOCATED AT 521 N. EAGLE ROAD, MERIDIAN, IDAHO C/C 9-04-01 Revised 11-02-01 Revised 11-20-01 Revised 02/06/02 VAR -01-012 REVISED 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 September 4, 2001, and pulled until February 5, 2002, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying was the Applicant, Paul B. Clayton, and appearing with concerns or comments were: Brad Miller and Becky Bowcutt, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 1 of 16 ORDER OF DECISION GRANTING A VARIANCE / VAR -01-012 / ELIXIR SUBDIVISION Decision, as follows to -wit: 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 Paul B. Clayton, whose address is 501 N. Eagle Road, Meridian, Idaho. 4. The owner of the property is Elixir Industries, 17925 South Broadway, Gardena, California. zone. 5. The property located at 521 N. Eagle Road, Meridian, Idaho is an I -L 6. The legal description of the property appertains to the real property that is included within the Vicinity Map, and is attached hereto as Exhibit 'W' and consisting of one page, and as the legal description appears in the record of proceeds of this matter, and which is on file with the Meridian City Clerk's office. 7. The present land use of subject property is presently zoned as I -L, and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 2 of 16 ORDER OF DECISION GRANTING A VARIANCE / VAR -01-012 / ELIXIR SUBDIVISION which subject property is presently vacant. 8. The proposed land use of subject property is to develop the subject property in the following manner: Industrial and office development. 9. That a vicinity map, attached hereto as Exhibit "A" and 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, H 12-13-10-4 — Street Buffers, Buffer Size and 12-13-12 — Buffers Between Different Land Uses, which provides as follows: 12-13-10-4 STREET BUFFERS: Buffer Size: The required width of the landscape buffer is calculated based on the Ada County Long Range Highway and Street Map (and future updates) as follows. Note: Residential Collectors do not have a required street buffer. Street Type Buffer Width Local Roads 10 feet (except in residential areas per 7.3) Urban Collector 20 feet Principal &. Minor Arterials 25 feet (other than entryway corridors) Entryway Corridors 35 feet (as defined in the Comprehensive Plan) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 3 of 16 ORDER OF DECISION GRANTING A VARIANCE / VAR -01-012 / ELIXIR SUBDIVISION Interstate 84 50 feet 12-13-12 BUFFERS BETWEEN DIFFERENT LAND USES: 12-13-12-1 Purpose: The landscape requirements in this section are intended to ensure incompatible, adjoining land uses are adequately protected and are provided an appropriate amount of land separation to conduct permitted uses without causing adverse impact. An incompatible land use is defined as one that is more intensely developed than its neighbor (as defined herein under section 9.4) and typically involves minimizing potential nuisances such as noise, dirt, litter, glare of lights, or other objectionable activities. The buffers are required along the entire contiguous property line. 12-13-12-2 Responsibility for Buffer Construction: The required buffer between different land uses shall be provided by the higher intensity use and shall be located on the building site of the higher intensity use, except as determined otherwise by the Planning Director after written request. If a lower intensity use is proposed adjacent to an existing higher intensity use with no buffer, the lower intensity use must provide the required buffer. 12-13-12-3 Buffer Materials: The materials within the required buffer between incompatible land uses are regulated as follows: A. Mix of Materials All buffer areas shall be comprised of, but not limited to, a mix of evergreen and deciduous trees, shrubs, lawn, or other vegetative groundcover. Fences, walls and berms may also be incorporated into the buffer area. B. Barrier Effectiveness The required buffer area shall result in an effective barrier within three (3) years and be maintained such that sixty percent (60%) or more of the vertical surface is closed and prevents the passage of vision through it. Trees may be spaced closer as necessary to achieve this goal. C. Buffer Walls FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 4 of 16 ORDER OF DECISION GRANTING A VARIANCE / VAR -01-012 / ELIXIR SUBDIVISION Where existing or proposed adjacent land uses cannot be adequately buffered with plant material(s), the City may require inclusion of a wall, fence, or other type of screen that mitigates noise and/or unsightly uses. If a wall or fence at least six (6) feet tall is provided, the planting requirement may be reduced to at least one tree per 35 lineal feet, plus shrubs, lawn, or other vegetative groundcover must be provided within the buffer area, in lieu of the requirements of subsection B. D. Chainlink Fencing Chainlink or cyclone fencing, with or without slats, is prohibited within required buffers between different land uses. Chainlink may be used beyond the required buffer. Chainlink fencing does not qualify as a screening material; therefore the buffer must still be landscaped as per subsection B, even if a chainlink fence is provided. 12-13-12-4 Land Use Intensity Classifications: The table below is intended to provide a general classification of land use intensities for commonly proposed developments and is not a comprehensive list. If a land use is not listed, the intensity classification shall be determined by the Planning Director based upon the nearest use listed. Class I Class Il Class III Class IV Class V Single Family Multi -Family Offices Restaurants Heavy Homes Dwellings Manufacturing Duplexes Child Care Neighbor. Hotel/Motel Contractor Yards Centers Comm. Golf Courses Libraries Middle General Retail Processing Plants Schools Cemeteries Senior Centers High Schools Grocery Stores Recycling Parks Nurseries/Greenho Personal Parking Garages uses Services Elementary Quasi Public Warehouses Vacant Land Schools Uses zoned: Vacant Land Clinics Storage Facilities I -L zoned: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 5 of 16 ORDER OF DECISION GRANTING A VARIANCE / VAR -01-012 / ELIXIR SUBDIVISION R-2 Vacant Land Intensit Indoor Intensity Class of I zoned: III Manufacturing V R-3 R-15 Vacant Land _ zoned: R-4 R-40 L -O Vacant Land = _ zoned: 20 R-8 C -N C -G, C -C IV 12-13-12-5 Minimum Buffer Widths The minimum buffer width between incompatible land uses is based on the following table: Table Notes: a) Buffer widths are shown in feet. b) No buffer is required for blank (shaded) cells, unless an existing, adjacent and higher intensity use has not provided a buffer. In such cases, the lower intensity use must provide the buffer as per 9.2. c) The buffers between land uses are required only along contiguous lot lines. If incompatible land uses are across a public street from one another, the street buffer requirements of Section 7 apply. 12-13-12-6 Pedestrian Access: Landscaping and screens shall not eliminate pedestrian access from residential development to abutting commercial districts and vice versa. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- . Page 6 of 16 ORDER OF DECISION GRANTING A VARIANCE / VAR -01-012 / ELIXIR SUBDIVISION Intensit Class of Ad'acent Use Intensity Class of I II III IV V Proposed Use _ II 20 = _ III 20 20 IV 25 20 20 V 35 30 25 20 Table Notes: a) Buffer widths are shown in feet. b) No buffer is required for blank (shaded) cells, unless an existing, adjacent and higher intensity use has not provided a buffer. In such cases, the lower intensity use must provide the buffer as per 9.2. c) The buffers between land uses are required only along contiguous lot lines. If incompatible land uses are across a public street from one another, the street buffer requirements of Section 7 apply. 12-13-12-6 Pedestrian Access: Landscaping and screens shall not eliminate pedestrian access from residential development to abutting commercial districts and vice versa. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- . Page 6 of 16 ORDER OF DECISION GRANTING A VARIANCE / VAR -01-012 / ELIXIR SUBDIVISION 12-13-12-7 Existing Partial Buffers: If all or any part of the buffer has been provided on the adjacent property, the proposed use must provide only that amount of the buffer which has not been provided on the adjacent property. 12-13-12-8 Relationship to Parking Lot Perimeter Requirements: All buffers between different land uses may include any required perimeter parking lot landscape strips (see Section 8.2) when calculating the minimum width of the buffer. 12-13-12-9 Buffers along Pathways: All commercial, industrial, and office developments shall provide a five (5) foot wide minimum buffer adjacent to any planned pathways in the CityOs Comprehensive Plan or Park System Master Plan. The buffer shall be planted with a minimum of one (1) tree per thirty five (35) lineal feet. 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 Planning and Zoning Department. 12. The 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 where the common property line shared by Lots 1 and 2 has already been improved with asphalt, malting the strict application of the current Landscape Ordinance impracticable. However, staff finds that there are no such special circumstances or conditions that would make the application of the required ten -foot landscape buffer along Commercial Court impracticable or unreasonable. There is plenty of parking for the current use and the installation of a new landscape buffer would limit the cut through FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 7 of 16 ORDER OF DECISION GRANTING A VARIANCE / VAR -01-012 / ELIXIR SUBDIVISION traffic. Furthermore, the ten -foot wide street -side landscape buffer would promote a uniform appearance with the other street -side landscape buffers within the Subdivision (adjacent to Lots 1 and 3). 1f the buffer were eliminated it would make Lot 2's appearance look out 'of place with the surrounding properties. 13. The 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 the lot does not possess any unusual topography, physical condition or other condition that would have made compliance with the setback requirements difficult or impossible. However, it would be unreasonable to request the applicant to meet the current ordinance as previously mentioned for buffer between land uses. 14. 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 finds that the requested variance for reducing the setback between land uses will not be detrimental to the public's welfare. Granting the variance will not be injurious to other property in the area. Public testimony was presented over the road and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 8 of 16 ORDER OF DECISION GRANTING A VARIANCE / VAR -01-012 / ELIXIR SUBDIVISION landscaping on the north side, which the road and landscaping would affect surrounding property owners. 15. That such variance will not have the effect of altering the interest and purpose of this Title and the Meridian Comprehensive Plan: Part 1 — Staff finds that the issuance of a variance for this project would not violate the intent and purpose of the Meridian City Code and the Comprehensive Plan. Part II — Staff finds that the issuance of a variance for the ten -foot landscape setback along Commercial would not be in the interest of the adopted Landscape Ordinance, which seeks to create aesthetically -pleasing streets in Meridian. 16. The applicant paid the fee established by the City Council for application for a 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 9 of 16 ORDER OF DECISION GRANTING A VARIANCE / VAR -01-012 /ELIXIR SUBDIVISION 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 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, §§ 12-13-10-4 — Street Buffers, Buffer Size, and 12-13-12 Buffers Between Different Land Uses, and in the L -O zone if granted the variance, provides as follows: 12-13-10-4 STREET BUFFERS: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 10 of 16 ORDER OF DECISION GRANTING A VARIANCE / VAR -01-012 / ELIXIR SUBDIVISION Buffer Size: The required width of the landscape buffer is calculated based on the Ada County Long Range Highway and Street Map (and future updates) as follows. Note: Residential Collectors do not have a required street buffer. Street Type Local Roads (except in residential areas per 7.3) Urban Collector Principal SL Minor Arterials (other than entryway corridors) Entryway Corridors (as defined in the Comprehensive Plan) Interstate 84 Buffer Width 10 feet 20 feet 25 feet 35 feet 50 feet 12-13-12 BUFFERS BETWEEN DIFFERENT LAND USES: 12-13-12-1 Purpose: The landscape requirements in this section are intended to ensure incompatible, adjoining land uses are adequately protected and are provided an appropriate amount of land separation to conduct permitted uses without causing adverse impact. An incompatible land use is defined as one that is more intensely developed than its neighbor (as defined herein under section 9.4) and typically involves minimizing potential nuisances such as noise, dirt, litter, glare of lights, or other objectionable activities. The buffers are required along the entire contiguous property line. 12-13-12-2 Responsibility for Buffer Construction: The required buffer between different land uses shall be provided by the higher intensity use and shall be located on the building site of the higher intensity use, except as determined otherwise by the Planning Director after written request. If a lower intensity use is proposed adjacent to an existing higher intensity use with no buffer, the lower intensity use must provide the required buffer. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 11 of 16 ORDER OF DECISION GRANTING A VARIANCE / VAR -01-012 / ELIXIR SUBDIVISION 12-13-12-3 Buffer Materials: The materials within the required buffer between incompatible land uses are regulated as follows: A. Mix of Materials All buffer areas shall be comprised of, but not limited to, a .mix of evergreen and deciduous trees, shrubs, lawn, or other vegetative groundcover. Fences, walls and berms may also be incorporated into the buffer area. B. Barrier Effectiveness The required buffer area shall result in an effective barrier within three (3) years and be maintained such that sixty percent (60%) or more of the vertical surface is closed and prevents the passage of vision through it. Trees may be spaced closer as necessary to achieve this goal. C. Buffer Walls Where existing or proposed adjacent land uses cannot be adequately buffered with plant material(s), the City may require inclusion of a wall, fence, or other type of screen that mitigates noise and/or unsightly uses. If a wall or fence at least six (6) feet tall is provided, the planting requirement may be reduced to at least one tree per 35 lineal feet, plus shrubs, lawn, or other vegetative groundcover must be provided within the buffer area, in lieu of the requirements of subsection B. D. Chainlink Fencing Chainlinlc or cyclone fencing, with or without slats, is prohibited within required buffers between different land uses. Chainlinlc may be used beyond the required buffer. Chainlinlc fencing does not qualify as a screening material; therefore the buffer must still be landscaped as per subsection B, even if a chainlink fence is provided. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 12 of 16 ORDER OF DECISION GRANTING A VARIANCE / VAR -01-012 /ELIXIR SUBDIVISION 12-13-12-4 Land Use Intensity Classifications: The table below is intended to provide a general classification of land use intensities for commonly proposed developments and is not a comprehensive list. If a land use is not listed, the intensity classification shall be determined by the Planning Director based upon the nearest use listed. Class I Class 1I Class III Class IV Class V Single Family Multi -Family Offices Restaurants Heavy Homes Dwellings Manufacturing Duplexes Child Care Neighbor. Hotel/Motel Contractor Yards Centers Comm. Golf Courses Libraries Middle General Retail Processing Plants Schools Cemeteries Senior Centers HiRh Schools Grocery Stores Recycling Parks Nurseries/Greenho Personal Parking Garages uses Services Elementary Quasi Public Warehouses Vacant Land Schools Uses zoned: Vacant Land Clinics Storage Facilities I -L zoned: R-2 Vacant Land Indoor zoned: Manufacturing R-3 R-15 Vacant Land zoned: R-4 R-40 L -O Vacant Land zoned: R -g C -N C -G, C -C 12-13-12-5 Minimum Buffer Widths The minimum buffer width between incompatible land uses is based on the following table: Intensity Class of Adjacent Use Intensity Class of I II III IV V Proposed Use FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 13 of 16 ORDER OF DECISION GRANTING A VARIANCE / VAR -01-012 / ELIXIR SUBDIVISION I II 20 III 20 20 IV 25 20 20 V 35 30 25 20 Table Notes: a) Buffer widths are shown in feet. b) No buffer is required for blank (shaded) cells, unless an existing, adjacent and higher intensity use has not provided a buffer. In such cases, the lower intensity use must provide the buffer as per 9.2. c) The buffers between land uses are required only along contiguous lot lines. If incompatible land uses are across a public street from one another, the street buffer requirements of Section 7 apply. 12-13-12-6 Pedestrian Access: Landscaping and screens shall not eliminate pedestrian access from residential development to abutting commercial districts and vice versa. 12-13-12-7 Existing Partial Buffers: If all or any part of the buffer has been provided on the adjacent property, the proposed use must provide only that amount of the buffer which has not been provided on the adjacent property. 12-13-12-8 Relationship to Parking Lot Perimeter Requirements: All buffers between different land uses may include any required perimeter parking lot landscape strips (see Section 8.2) when calculating the minimum width of the buffer. 12-13-12-9 Buffers along Pathways: .All commercial, industrial, and office developments shall provide a five (5) foot wide minimum buffer adjacent to any planned pathways in the City0s Comprehensive Plan or Park System Master Plan. The buffer shall be planted with a minimum of one (1) tree per thirty five (35) lineal feet. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 14 of 16 ORDER OF DECISION GRANTING A VARIANCE / VAR -01-012 / ELIXIR SUBDIVISION 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 approval of the landscape buffer requirement between Lots 1 and 2 (Part I in Finding 15 above). 2. The applicant is hereby denied the elimination of the required street buffer adjacent to Commercial Court. 3. That staff and the applicant shall work out the landscaping pertaining to the area in front of the existing building. 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 Streets Buffers and Landscape Buffers Between Different Land Uses, requirements in the L -O Zone as provided in the Sections 12-13-10-4 and 12-13-12, 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 15 of 16 ORDER OF DECISION GRANTING A VARIANCE / VAR -01-012 / ELIXIR SUBDIVISION By action of the City Council at its regular meeting held on the �� day ofZo02.,, ROLL CALL: COUNCILMAN 11_. - -E- J --- COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE McCANDLESS VOTED VOTED VOTED*v VOTED-V:�A-7 MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED `'-- DATED: 2 -/Gf —0;?— MOTION: -D2-. MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Work's Department, and the City Attorney office. VA10 B4y: �°�� ity Cleric Dated: Z - M -L-) z- ZAWork\M\1\4eridian\Meridian 15360M\Elixier Sub RZO1-006 PPO1-014 VAR01-0 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / VAR -01-012 / ELIXIR SUBDIVISION Page 16 of 16 W 1-1 0 01 m _qAT .-ems —---- ----- +. vv a<ae> rrvu,,•.Vu1VVV J_V V1U1 0.1/27/2004 10:40 1;AZ 208338uZ90 CITC01, P, A. 10002/003 fa 002/003 COSHO, HUMPHREY, GREEINER a WELSH, P.A. COUNSELORS AND ATTORNEYS AT LAW CARNEGIE BUILDING 815 West Washington Street ERIC R WORRIVIAN Boise, Idaho 83702 TELEPHONE (208) 344-7811 FACSIMILE (208) 338-3290 EMAIL: EBJORKMAN@CHGW.COM January 27, 2004 Via Facsimile City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 Subject: Idaho Public Records Act Dear City Clerk: ALFA@ AMERICAN LAW FIRM ASSOCIATION Clg � 01110e�it31 of Iatlg This request is made jointly on behalf of clients of Givens Pursley, LLP, and Cosho Humhprey Greener & Welsh, P.A. Tom Dvorak of Givens Pursley and Eric Bjorkman of Cosho Humphrey spoke with city attorney Bill Nichols and indicated to hint that our respective clients were in need of copies of certain documents. Rather than going though a deposition, Mr. Nichols suggested that we make a public records request and give the City fifteen days to respond, rather than the shorter time set by the public records law. Pursuant to Idaho's Public Record Act, Idaho Code §§ 9-337 to 9-347, we request to review and have copied the following documents, files, correspondence, notes, or other information in the City's possession or control, in whatever fonn, including electronic (collectively "Documents"), that relate to the proposed Elixir Properties Subdivision, including without limitation, the following: 1. File—MI-02.004 2. File—VAR--01-012 3. File--VAR--02-003 4. File—PP 01-014 5. Copies of the preliminary plat 16400.002 Doc,#: 57816 --•---- _.,._ ...,.. �,<, ���•.u�i.,�� o_i,utui 10003/003 01/27/2004 .10:40 FAX 2083383200 C1IG&!s, P, A. X003/003 Page - 2 — COSHO, HUMPHREY, GREENER & WELSH, P.A. January 27, 2004 b. Any staff reports 7. Minutes of all city counsel and planning and zoning meetings related to the proposal. We request that you make two sets of copies of the documents. We agree to pay reasonable copying costs, as provided in the Act. We would appreciate your notifying me in advance if copying costs will exceed $300,00. If you will give Tom Dvorak a call at 388-1245 once the records are copied, arrangements will be made for pick-up. Thank you in advance for your attention to this request. Very truly yours, GIVENS PURSLEY LLP Thomas E. Dvorak COSHO HUMPHREy GREENER & WELSH PA Eric R, Bjorkman, Jr. cc: Bill Nichols TED:sIc U001/003 DATE: Tuesday, January 27, 2004 PAGES (INCLUDING COVER): 3 ORIGINAL TO FOLLOW: No RE: Idaho Public Records Act OUR FILE: 6313-7 TO: City Clerk City of Meridian SEND TO FAX PHONE: -599=43.0+ MESSAGE: Ladies and Gentlemen: Please see the attached request. Flog Lh'�/Lf — Thomas E. Dvorak cc: Bill Nicols 466-4405 Eric R. Bjorkman, Jr. 338-3290 THOMAS E. DVORAK GIVENS PURSLEY LLP 601 W. Bannock St. Post Office Box 2720 Boise, Idaho 83701-2720 Telephone: 208-388-1200 Fax: 208-388-1300 Email: ted@givenspursley.com If this fax does not transmit fully or is difficult to read, please call Judi Ornellas at (208) 388-1242. CONFIDENTIALITY NOTICE This facsimile may contain confidential information that is protected by the attorney-client or work product privilege, It is intended only for the use of the individual(s) named above. If you are not a named recipient or an employee responsible for delivering the facsimile, you are instructed not to deliver, distribute or copy this facsimile, nor should you disclose its contents or take any action in reliance on the information it contains. If you have received this facsimile in error, please notify us immediately by telephone to arrange for the return of the transmitted documents to us. Thank you. SAC1,11;N1'S\6113\7\'PED FAX 1'0 CITY jiERIDIAN - RECORDS REQUEST.DOC MAYOR Robert D. Come CITY COUNCIL MEMBERS William L. M. Nary Keith Bird Tammy deWeerd Cherie McCandless February 21, 2002 HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 - Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 Paul B. Clayton 501 N. Eagle Road Meridian, Idaho 83642 LEGAL DEPARTMENT (208) 288-2499 - Fax 288-2501 PUBLIC WORKS (208) 898-5500 - Fax 887-1297 BUILDING DEPARTMENT (208) 887-2211 - Fax 887-1297 PLANNING AND ZONING (208) 884-5533 - Fax 888-6854 RE: VAR 01-012 Elixir Subdivision — Revised Findings of Fact and Conclusions of Law and Order of Decision Granting A Variance Dear Applicant, Enclosed you. will find a copy of the above mentioned document(s) as regards your project(s) pending with the City of Meridian. Please feel free to contact our office if you have any questions. Sincerely, Sharon Smith Deputy City Clerk Enc. September 14, 2001 VAR 01-009 MERIDIAN CITY COUNCIL MEETING September 18, 2001 APPLICANT Paul Clayton ITEM NO. - �- REQUEST Findings -- Request for a Variance to the Landscape Ordinance in an I -L zone for Elixir Properties Subdivision -- 521 North Eagle Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: See attached Findings ADA COUNTY HIGHWAY DISTRICT:.�� SANITARY SERVICE COMPANYIli CENTRAL DISTRICT HEALTH: (Ti NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted:ffiwDate: Phone: Materials presented at public meetings shall become property of the City of Meridian. R tri TN'TT I,' .; f' 2 Interoffice city of m -ri MEMORANDUM City Clerk Office To: William G. Berg, Jr From: Wm. F. Nicho Subject: Elixir Industries — Elixir Subdivision (VAR -01-012) Date: September 13, 2001 Please find attached the original of the Findings of Fact and Conclusions of Law and Decision and Order Granting a Variance, pursuant to action of the Council at their September 4, 2001, meeting. The Findings will be on the Council's agenda for September 18, 2001. Please serve conformed copies of the Findings upon the Applicant and the Planning and Zoning Department, Public Works and the City Attorney office, if Council approves the Findings. If you have any questions arise please advise. Z:\Work\NWeridian\Meridian 15360M\Elixier Sub R7-01-006 PP01-014 VARO1-012\berg091301VAR01-012.doc September 14, 2001 PP 01-014 MERIDIAN CITY COUNCIL MEETING September 18, 2001 APPLICANT Elixir Industries ITEM NO. REQUEST Findings -- Request for Preliminary Plat approval of 3 building lots and 1 other lot on 15.49 acres in proposed I -L and L -O zones for proposed Elixir Subdivision -- 521 North Eagle Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached Findings CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: L.KDate: a " Phone:. Materials presented at public meetings shall become property of the City of Meridian. z � k interoffice City of lViV. MEMORANDUM City Clerk G To: William G. Berg, Jr. From: Wm. F. Nichols Subject: Elixir Industries / PP Findings of Fact and Conclusions of law and Order of Conditional Approval of Preliminary Plat File: PP -01-014 Date: September 13, 2001 Will: Please find attached the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT, pursuant to action of the Council at their September 4, 2001 meeting. The Findings will be on the Council's agenda for Septeinber 18, 2001 sleeting. Please serve conformed copies of the Findings upon the Applicant and the Planning and Zoning Department, Public Works and the City Attorney office, if Council approves the Findings. If you have any questions arise please advise. Z:\Work\M\Meridian\Meridian 15360M\Elixier Sub RZO1-006 PPO1-014 VARO1-012\BergPPMein091301.doc September 14, 2001 MERIDIAN CITY COUNCIL MEETING September 18, 2001 APPLICANT Elixir Industries ITEM NO. :3 - REQUEST Findings -- Request for Rezone from I -L to L -O zones for proposed Elixir Subdivision -- 521 North Eagle Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached Findings CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: G hr ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted:.—�'� l �- Date: Phone: M-5309 is�t5 Materials presented at public meetings shall become property of the City of Meridian. WHITE PETERSON SEP 14200,111 2 W pf) WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P+q 1 y of Mer l d i an ATTORNEYS AT LAW Citi, Clerk Off s, JULIE KLEIN FISCHER CHRISTOPHER S. NYE WM. F. GIORAY, III PHILIP A. PETERSON BRENT JOHNSON ERIC S. ROSSMAN D. SAMUEL JOHNSON TODD A. ROSSMAN LARRY D. MOORE DAVID M. SWARTLEY WILLIAM A. MORROW TERRENCE R. WHITE" WILLIAM R NICHOLS* -ALSO ADMITTED IN OR -ALSO ADMITTED IN WA William G. Berg, Jr., City Cleric MERIDIAN CITY HALL 33 East Idaho Meridian, Idaho 83642 200 EAST CARLTON AVENUE, SUITE 31 NAMPA OFFICE POST OFFICE BOX 1150 104 NINTH AVENUE SOUTH IDAHO 83680.1150 POST OFFICE BOX 247 MERIDIAN, NAMPA, IDAHO 83653.0247 TEL (208) 288.2499 TEL (208) 466.9272 FAX (208) 288-2501 FAX (208) 466.4405 September 13, 2001 PLEASE REPLY TO MERIDIAN OFFICE Re: ELIXIR INDUSTRIES / REZONE FINDINGS AND RZ ORDINANCE/ CERTIFICATION OF CLERIC / RZ-01-006 Dear Will: Please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR REZONE prepared as per instructions from the Council meeting of September 4, 2001, and which are on the agenda for September 18, 2001. Also, please find enclosed the above Ordinance and the Certification of the Clerk for the rezone for Elixir Industries. After the Findings of Fact and Conclusions have been adopted, then please place this ordinance on the City Council agenda. This ordinance should not be passed until the Findings of Fact and Conclusions of Law and Decision --A nvi4,- - C_vck ►ting A„riliratinn for Rezone are adopted. If you have any questions arise, please advise. Very truly your � Wm. F. Nichols Z:\Work\fvt\MeridianUvleridian 15360M\EIWer Sub RZO1-006 PPO1-014 VARO1-012\FFCL and OrdinazueCIW91201.doc Meridian City Council Meeting September 4, 2001 Pg. 29 Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we approve the variance to delete the requirement of a 35 -foot buffer width for entryway corridors and maintain existing 20 foot buffer width and to delete requirement for the 25 foot buffer between Intensity Class I and IV and maintain the 20 foot width for Presidential Subdivision by Dakota Development and have the attorney draw up the proper papers. Corrie: A motion has been made and second to approve the variance request 01-011 and for the attorney to draw up the papers. Further discussion? Mr. Berg, Roll Call vote. Berg: Thank you, Mr. Mayor, Members of the Council. Roll call vote. Roll Call: McCandless, aye; De Weerd, aye; Bird, aye; Anderson, absent. • • • Item 16. Public (Hearing: RZ 01-006 Request for Rezone from I -L to L-0 zones for proposed Elixir Subdivision by Elixir Industries 521 North Eagle Road: Item 16. Public Hearing: PP 01014 Request for Preliminary Plat approval of 3 building lots and 1 other lot on 15.49 acres in proposed I -L and L-0 zones for proposed Elixir Subdivision by Elixir Industries — 521 North Eagle Road: Item 17, Public Hearing: VAR 01-012 Request for a Variance to the Landscape Ordinance for Elixir Properties Subdivision by Paul Clayton — 521 North Eagle Road: Corrie: Item No.'s 15, 16, 17 is a Public Hearing requesting rezone from I -L to L-0 zone for Elixir Subdivision by Elixir Industries. Item No. 16 requests a Preliminary Plat approval of three building lots and one other lot of 15.49 acres and also request a variance to the Landscape Ordinance for Elixir Properties Subdivision by Paul Clayton, At this time I will open the Public Hearing. Staff comments first. Stiles: Mr. Mayor, Council, this is for a property that's currently occupied by -- I believe Warm Springs Spa is stilt there and is just north of the railroad tracks on the west side of Eagle Road. The property to the north is also owned by Elixir Industries. They are requesting rezone to allow the Primary Health to build a building at this location. They would be required to provide appropriate entryway landscaping along Eagle Road, Meridien City Council Meeting September 4, 2001 Pg. 30 landscaping along Commercial Court, The Planning and Zoning Commission has recommended that as requested by the applicant that Commercial Court remain a private road. Staff does not agree with that recommendation and believes that it should become a public street at this time. There are two existing buildings on the site and, of course, this is still vacant here. The primary -- let's see if I can find the site here. They didn't submit elevations. They were not submitting for a Conditional Use Permit. The applicant is also requesting the variance to our landscape ordinance that requires a 25 - - 20 to 25 foot landscape buffer between conflicting zones or non -compatible zones and believe that they have recommended they -- the Planning and Zoning Commission has recommended approval of the five foot buffer with a four foot masonry wall and the applicant is here tonight so he can further explain where that wall would be and where the proposed plantings would be. So those are the major issues. If I could show you from the aerial -- let's see. You can get a better look at the site. The railroad tracks and the Evans Drain on the south side of the tracks there. There would be also a buffer strip adjacent to the railroad corridor. As you can see from the aerial this is an existing subdivision. This is Franklin Road. No, it's not. That is the railroad tracks. Nola Road. Commercial comes through here and then comes in and has kind of a T at the end of the existing subdivision. This was intended to line up and eventually connect the Nola Road to Eagle Road and that is the reason why we are recommending that that be a public street. Other than that we would recommend approval with staff and agency conditions, Carrie: Okay. Is the applicant represented here tonight's Clayton: My name is Paul Clayton. I'm at 501 North Eagle Road in Meridian. Corrie: Do you promise and affirm that the testimony you give tonight is the truth, the whole truth, and nothing but the truth, so help you? Clayton: I do. In reference to the landscaping on the north side, I'm on the south side of the road, the same as lot three. They are putting in the road right now and while they are constructing the road we have found out that they are putting in enough to put -- not number three, number two. Pardon me. Right above the building there -- is where they -- I talked to Mr. McKinnon, that's where he wanted some trees along that front there and there would be about a seven to eight foot space there between the new road and the existing blacktop where they could plant trees and we could — because of the -- that way that's showing there the park is not like it is, it's — that big building is 55,000 square feet and at the time we built it in 1968 the parking requirements -- they are not shown on there like they are -- required a parking that -- required the parking like now. But that slip across the front there could be put — easily be put in, but it's going to be about seven or eight between the finished road and the blacktop there now where the trees could to be put in. We have no objection to anything that was within reason, naturally, and we don't want to cause any commotion. However, there are some signs that -- on Eagle Road that we have to take care of if too many trees were to block out the signs, we wouldn't be able to advertise the businesses that are there. On that space between the buildings there -- if we could get that thing back again that was there. That little Meridian City Council Meeting September 4, 2001 Pg. 31 building on the bottom there, the 20,000 foot building, from that -- on the north side of that building is a 25 foot planter in existence right now and then there is parking and the turn around, which is another 37 feet. So we can put a planter there, we would need a four -foot high wall with a five-foot planter, which would definitely be a separation between those two areas. We acquired that property in 1967 and built the first building there in 1968. And we would like to maintain it as a private road also until such time as it would be able to finish and meet the street to the west of us. At this particular time we do not own the last 50 feet of that property where the street would have to be put in. It's owned by somebody else. It's owned by Thomas Wright. However, to have him put up the money to finish the road to that point he's not agreeable with. So that came into existence in a very odd way. Back in 1972 the railroad wanted to run a spur around the property and come down Pine Street where Pine Street is going to be now and that was abandoned and before we could get the property back Tom Wright had claimed it. But we had the last 50 feet of that property that was ours originally. The railroad abandoned this project. Now rather -- there is no problem with water or anything like that. There is four wells on the property. Three of them are still active. They are not hooked up to anything at the moment, but they are still active wells. So we can irrigate them here -- we can irrigate with the trees with the water from one of the wells. It's an abandoned railroad spur on the south side right next to the railroad and I checked with the railroad and they said that if the trees are put there, they are going to have to be held back so the branches don't hang over the right of way. So it's going to consume a lot more land than we had originally anticipated by putting the trees in, However, we will put the trees in and we are going to have to put some kind of a tree that doesn't have a big spread, because if you get 15 feet of land, that's a lot of land to give away. So there are trees that we put in there that wouldn't be as great a spread as some of the other trees that we could use. We need some kind of a juniper or something of that nature that grows tall and slim, so you wouldn't have to have an overhang on the railroad. The main reason to keep it a private road is because we don't own the last 50 feet and ACHD, I talked to Ms. Newton there about it, she said within a two-year period, if it was a feasible thing, we could make it -- and the road being built to ACHD standards right now, so there would be no future problem with the road. Corrie: Okay. Any questions? Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Mr. Clayton, when you talked to ACHD were they willing to take that road or did they want to take that and make it into a public road? Clayton: Not at this moment. When I was there -- I talked to Ms. Newton and there was another lady there, but I don't know her name, and they told me that if the situation was improved over the next two year period it would become a dedicated road and become a public road. But they also in their letter hadno objection to it being a private road for the next two years. Meridian City Council Meeting September 4, 2001 Pg. 32 Bird: Thank you. Clayton: And I have a copy of that if you want to see it. Corrie: Any questions? Bird: I have none, Corrie: Thank you, Paul. Clayton: Thank you, Corrie: Is there anyone from the public that would like to discuss — yes, sir. Do you promise in regard to the testimony you will give tonight is the truth, the whole truth, and nothing but the truth, so help you? Miller: Yes, I do. My name is Brad Miller with Ronald W. Van Auker, Incorporated. I'm here tonight representing McCall properties, which owns ten acres on the south side of that street contiguous to the Elixir property and the McCall property people have asked him to request that the city council make that a public road. I'd like to see it a public road at this time. So right about where the marker is they own that property and the east Tom Wright owns the four and a half acres right there and down. Tom owns between the road and the railroad tracks by four and a half acres. And then McCall property owns just to the -- right there, yes. That ten acres there. But they are supportive of the project, but we would like to see it be a public road. Corrie: And anyone else? Ms. Bowcutt. Do you promise and affirm that the testimony you give tonight will be the truth, the whole truth, and nothing but the truth, so help you? Bowcutt: I do. Becky Bowcutt, 12715 West Edna Court, Boise. I'm here this evening on behalf of Gem Tone, Inc. That's the company that Mr. Wright owns. We would like to go on the record and state that we are in support of the project. However, we also agree with Mr. Van Auker's representative that that should be a public street. These undeveloped parcels are not any different than other undeveloped properties that we see when we develop partials and we go in, we provide sub streets, etc. The problem with -- when one builds a private road, they may say we asked for a building to meet ACHD standard, but a lot of documentation and testing is required to go back and try to get those dedicated a couple years down the road, plus standards change over time. So if their intent is that this may be public and they are going to build at the public standards, we believe it should be a publicly dedicated street. Thank you. Corrie: Thank you. Anyone else? Okay. Anyone else? Okay. Paul, you have one last shot at it. You're the developer. Any questions that have come up? Meridian City Council Meeting September 4, 2001 Pg. 33 Clayton: The issue of the road being public or private is being built and tested and I'll the testing materials are being recorded, so that in the future if the road wants to become a public road it has become a public road and everything will be in order, but at the moment, because of the fact that we don't own the land at the end and build the thing clear through another thing, too, that I didn't bring up before, ACRD is going to widen Franklin Road. When this road was first put in people would go around the end down there. We even built a trench and they filled the trench up themselves so they could get around and we had more traffic on that road there than they had on Franklin and the traffic on Franklin now is terrible. And so if that becomes a public road you will have people racing up and down that little street like you can't believe, because that would be a good thoroughfare to go clear over the Lanark Street. Because of that why we don't want to make it a private road until all of the property owners and perhaps Mr. Wright can put up his share of the money to put the road in and finish it up. That's another 50 feet. It's not a cheap project to finish that road. If you want to know the facts, that road is costing near $160,000. Thank you. Corrie: Okay. Thank you. Okay. Any other questions from Council? Okay. Hearing none, I'll entertain a motion to close the Public Hearing on 15, 16, and 17. McCandless: So moved. Carrie: Motion made and second to close the Public Hearing on Items 15, 16 and 17, Elixir Subdivision. All those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: Discussion, Council? De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I guess I would have a question for either Shari or the attorney. On the piece of road that is not owned by Mr. Clayton. He would not be required to put that in, would he? Corrie: Which one wants to go first? Shari? Stiles: Mr. Mayor and Council and Councilwoman de Weerd. The applicant would be required to construct the public road to and through their property, just as we do with the sewer and water. So I believe this is the and -- is that right, Paul? Mr. Clayton? Clayton: The sewer -- everything is in. We put everything in. All the utilities are in. Meridian City Council Meeting September 4, 2001 Pg. 34 Stiles: We would extend it to the point where its adjacent to their property. I believe they also own the other side here, so they would have to build a full street section. I don't -- I think Ada County Highway District would require them to build it as part of this particular plat, but when they come in for development of this other partial they would be required to finish off those improvements. It should also be noted that in the recommendation it doesn't indicate anything about a sidewalk along Commercial Street. Commercial Court. So we are going to have to come up with some standards if that's not being proposed to actually meet Ada County Highway District standards. They don't have any comments in regard to private streets. Carrie: Paul, no more testimony. Sorry. We have closed the public Hearing, Paul. Council, any questions? Tammy did that answer your question? De Weerd: Yes. Bird: Mr. Mayor, 1 did have one for Shari. Shari, if it remains a private road then you don't have to put a sidewalk on it? Stiles: We don't have any standards for a private street. Bird: Okay. Stiles: Except as part of a planned development. Corrie: Any other questions? Bird: I have none. Corrie: Motion for the request for rezone, Item 15. McCandless: Mr. Mayor. Corrie: Ms. McCandless. McCandless: I move that we approve the request for rezone from I -L to L-0 zone for proposed Elixir Subdivision by Elixir Industries at 521 North Eagle Road, De Weerd: Second. Corrie: Motion has been made and second to approve the request for a rezone from I -L to L-0 zone, proposed Elixir Subdivision by Elixir Industries. Any further discussion? Roll Call vote, Mr. Berg. Berg: Thank you, Mr. Mayor, Council. Roll Call vote. Roll Call: McCandless, aye; De Weerd, aye; Bird, aye. Meridian City Council Meeting September 4, 2001 Pg. 35 Corrie: No. 16 is a request for Preliminary Plat approval of three building lots and one other lot on 15.49 acres in a proposed I -L and L-0 zones for Elixir Subdivision. De Weerd: Mr, Mayor. Corrie: Mrs. de Weerd, De Weerd: I move we approve the request for Preliminary Plat approval of three building lots and one other lot on 15.49 acres in the proposed I -L and L-0 zones for Elixir Subdivision to note on page three, Item No. 6, to remove the recommendation that it remain a private road and that it should be required to be a public road and ask the attorney to draw up Findings of Fact and Conclusions of Law and to include all staff comments. Corrie: Motion has been made and seconded to approve the Preliminary Plat with the change in Item No. 6 to delete the Planning and Zoning recommendation for the road to remain a private road and insert required to be a public road. Staff comments? Any further discussion? Hearing none, Rall Call, Mr. Berg. Berg: Thank you, Mr. Mayor. Members of the Council, Rall Call Vote, Roll Call: De Weerd, aye; McCandless, aye; Bird, aye; Anderson, absent. MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: Request for variance to the Landscape Ordinance for Elixir Properties Subdivision by Paul Clayton. Any discussion on the request for the variance? De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I guess no one's twisted my hand and having read staff recommendations I feel comfortable with what their recommendation is. Corrie: Okay. Any other comments? Okay, I'll entertain a motion and the request for variance, Mrs. de Weerd. De Weerd: Mr. Mayor. I move that we approve the request for a variance to the Landscape Ordinance with the staff comments to -- for our recommendation to reflect the comments of staff and David McKinnon's memorandum dated August 318t Meridian City Council Meeting September 18, 2001 pg. 3 Development, Inc. — Franklin Road west of Locust Grove Road: Findings of Facts and Conclusions of Law for Approval: PP 01-026 Request for a Conditional Use Permit for a Day Care Center for approximately 11 children in a C -G zone for The Learning Garden Day Care Center by Shanalee Slade — 1230 West Overland Road: M. Findings of Facts and Conclusions of Law for Approval: PFP 01-002 Request for Preliminary/Final Plat approval of 4 building •,... •.. 98 acres is proposed zone• proposed Presidential Subdivision by Dakota Company, Inc. — southeast corner of East Presidential Drive and North Eagle Road: N. Findings of Facts and Conclusions of Law for Approval: VAR 01-010 Request for a Variance to delete the requirement for subdivision street buffers to be on a common lot, maintained by business — owners association in an I -L zone for presidential Subdivision by Dakota Company, Inc. — southeast corner of East Presidential Drive and North Eagle Road: 0. Findings of Facts and Conclusions of Law for Approval: VAR 01-011 Request for a Variance to delete requirement of 35 -foot buffer width for entryway corridors and maintain existing 20 -foot buffer width and to delete requirement of the 25 -foot buffer between Intensity Class I and Class IV and maintain the 20 foot width for presidential Subdivision by Dakota Company, Inc, southeast corner of East Presidential Drive and North Eagle Road: P. Findings of Facts and Conclusions of RZ 01-006 Request • Rezone to • zones for proposed Elixir Subdivision by Elixir Industries — 521 North Eagle Road: Q. Findings of Facts and Conclusions of Law for Approval: PP 01-014 Request • Preliminary • approval of building lots. • 1 other lot on 15.49 acres in proposed I -L and • zones proposed . •. • by IndustriesEagle Road, R. Findings of Facts and Conclusions of Law for Approval: VAR 01-012 Request for a Variance to the Landscape Meridian City Council Meeting September 18, 2001 Pg, 4 Ordinance for Elixir Properties Subdivision by Paul Clayton — 521 North Eagle Road: Findings of Facts and Conclusions of Law for Approval: CUP 01-017 Request for a Conditional Use Permit for the expansion of the chamber office and visitor center in a C -G zone for Meridian Chamber of Commerce by Meridian Chamber of Commerce -- 215 East Franklin Road: T, Findings of Facts and Conclusions of Law for Approval: CUP 01.027 Request for a Conditional Use Permit to offer classes for Master's and Bachelor's Degrees in a C -G zone for the University of Phoenix (office' by Rocky Mountain Management & Development, LLC — 3080 Gentry Way: U. Agreement with Blakeslee V. Order Granting Appeal: AP 01-00 Stop Work Order at 2340 West Franklin Road by Wait Morrow: Bird: Council, adoption of the agenda. Is there anything that we need pulled or -- on the Consent Agenda or any changes you see? I believe that we received a letter from Baltic Place, which is I J and K, which I believe we probably should take off the Consent Agenda and move to 5-I, 5-J and 5-K. Also I believe Item V, granting appeal for Walter Morrow, would like to be pulled to 5-V and I don't believe there is any in the Regular Agenda that -- yes, Shari? Stiles: President Bird, did we need to remove F, G, and H from the Consent Agenda to discuss those changes? Bird: Yes that's true. F, G, and H needs to be moved to 5-F, 5-G, and 5-H on the Regular Agenda. Without any other changes, I would move for the adoption of the agenda. Anderson: Mr. President? Anderson: I would make a motion that we approve the Consent Agenda, with the exception of moving Items F, G, H, I, J, K, and V to Item 5 on the Regular Agenda. Bird: Okay. It's been moved and seconded to approve the Consent Agenda with the exceptions of F, G, H, I, J, K and V being moved to 5 on the Regular Agenda Meridian City Council Meeting September 19, 2001 Pg. 5 under that order. All in favor say aye. Roll call? Roll call. I'm sorry. Okay. I'm sorry. Roll call vote, please. Berg: Thank you, Mr. President. Rall call vote, Members of the Council. Roll Call: De Weerd, aye; McCandless, aye; Anderson, aye; MOTION CARRIED: ALL AYES Item 4. DEPARTMENT REPORTS: A. TREASUREWS DEPARTMENT: 1. Finance Report. Bird: Okay. The next item is department reports. Treasurer's Department. Stacy? Kilchenmann: Okay. Members of the Council, did everyone find their financial statements in your box? Okay. The first thing -- I think I'm going to -- would like to try to move the finance report to the third meeting, because it would -- to try to get the financial information out in a more timely manner, if there is not an objection. I'm doing it this time, because I'm going to be gone next week and no one on my staff volunteered that wanted to do this, but it's kind of -- Anderson: Did you say third meeting? This is the third meeting. Kilchenmann: Yes. Bird: This is the third meeting. Kilchenmann: Yes. We usually do it -- I think usually do it the fourth meeting, the last meeting. So that's something to consider. Okay. The first thing I will look at are the investments in that first page in your report and we did get more cash moved, but this is not a good time for investing, so our investment advisor's strategy is going to be to keep that in short-term liquid investments and when the market improves he will be able to move it into a little longer term investment, with hopefully a higher interest rate. So if you look on the second page, the top one, it says FY -2001 investment income, where it graphs the interest rate, that would be our aggregate interest rate for everything together. You can see its still going down. But if you look at the bottom graph where we show a comparison of our investment balances from year to year, we have reduced the amount that we are holding to simply in cash and the treasurer is working — we are working on some cash projections and I think we can move a little bit more out. If we look at the financial statements themselves for August, you see we are just really essentially the year is pretty much over. There is nothing that has varied or really changed from the projected budget trends, just still hoping that the police are BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF PAUL B. CLAYTON, FOR A VARIANCE FOR ELIXIR SUBDIVISION FROM 12-4-2 (A), 12-13-10-4 AND 12-4-13(A) MERIDIAN CITY CODE, FOR SUBDIVISION STREET BUFFERS, LANDSCAPE BUFFERS AND PIPING OF DITCHES, LOCATED AT 521 N. EAGLE ROAD, MERIDIAN, IDAHO VAR -01-012 C/C 9-04-01 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 September 4, 2001, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying was the Applicant, Paul B. Clayton, and appearing with concerns or comments were: Brad Miller and Becky Bowcutt, 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 AND CONCLUSIONS OF LAW AND -- Page 1 of 9 ORDER OF DECISION GRANTING A VARIANCE / VAR -01-012 / ELIXIR SUBDIVISION 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 Paul B. Clayton, whose address is 501 N. Eagle Road, Meridian, Idaho. 4. The owner of the property is Elixir Industries, 17925 South Broadway, Gardena, California. zone. 5. The property located at 521 N. Eagle Road, Meridian, Idaho is an I -L 6. The legal description of the property appertains to the real property that is included within the Vicinity Map, and is attached hereto as Exhibit "A" and consisting of one page, and as the legal description appears in the record of proceeds of this matter, and which is on file with the Meridian City Cleric's office. 7. The present land use of subject property is presently zoned as I -L, and which subject property is presently vacant. 8. The proposed land use of subject property is to develop the subject FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 2 of 9 ORDER OF DECISION GRANTING A VARIANCE / VAR -01-012 / ELIXIR SUBDIVISION property in the following manner: Industrial and office development. 9. That a vicinity map, attached hereto as Exhibit "A" and 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, H 12-4-2(A) — Streets, Dedication, 12-13-10-4 — Street Buffers, Buffer Size, and 12-4-13(A) — Piping of Ditches, Tiling Of Irrigation Ditches, Laterals Or Canals, which provides as follows: 12-4-2: STREETS: A. Dedication: Within a proposed subdivision, arterial and collector streets as shown on the Comprehensive Plan shall be dedicated to the public in all cases; in general, all other streets shall also be dedicated to public use. 12-13-10-4 STREET BUFFERS: Buffer Size: The required width of the landscape buffer is calculated based on the Ada County Long Range Highway and Street Map (and future updates) as follows. Note: Residential Collectors do not have a required street buffer. Street Type Local Roads (except in residential areas per 7.3) Urban Collector Principal &. Minor Arterials (other than entryway corridors) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / VAR -01-012 / ELIXIR SUBDIVISION Buffer Width 10 feet 20 feet 25 feet Page 3 of 9 Entryway Corridors 35 feet (as defined in the Comprehensive Plan) Interstate 84 50 feet 12-4-13 PIPING OF DITCHES: A. Tiling Of Irrigation Ditches; Laterals Or Canals: 1. Requirement To Cover And Enclose: All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous, or which canals, ditches or laterals touch either or both sides of the area being subdivided, shall be covered and enclosed with tiling or other covering equivalent in ability to detour access to said ditch, lateral or canal. 2. Wave Requirement To Cover: The City may waive the requirement for covering such ditch, lateral or canal, it if finds that the public purpose requiring such will not be served in the individual case. 3. Prior Approval Of Irrigation District: Any covering program involving the distribution system of any irrigation district shall have the prior approval of that affected district. 4. Plat Approval Restriction: No subdivision plat shall be approved where the subdivision is arbitrarily or artificially laid out to avoid being adjacent to any waterway, irrigation ditch, lateral or canal to which it would otherwise be naturally adjacent or which it would otherwise naturally include. 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 Planning and Zoning Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 4 of 9 ORDER OF DECISION GRANTING A VARIANCE / VAR -01-012 / ELIXIR SUBDIVISION 12. The characteristics of the subject property which prevent compliance with the requirements of the ordinance are that a private drive owned and maintained by Elixir Industries allows more flexibility in the future development of the Elixir properties, and the 10' landscape buffer across Lot 2 would interfere with the existing traffic circulation and parking. Lots 1 and 3 do not present any such problem, and the 20' landscape buffer between different land uses as the design of the new building for Lot 1 will include landscaping in keeping with the structure. Any expansion into Lot 2 will interfere with the existing parking and traffic flow. Additionally, the future development of Lot 3 may require the relocation of the existing drain ditch, and no public purpose would be served by enclosing and covering the ditch, at this stage of the development. The existing improvements would prohibit the installation of new landscaping. 13. The minimum requirements of the ordinance that need to be reduced to permit the proposed use would be the need to eliminate the requirement for subdivision street buffers and landscaping street and buffer types, and the tiling of irrigation ditches, laterals or canals. The applicant agrees to a 4 foot tall masonry wall with a 5 foot wide landscape buffer. 14. The difficulty or hardship which would result if the requirements of the ordinance were applied to the subject property is addressed in number 12 above. 15. The unusual or peculiar circumstances which indicate that regulations of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 5 of 9 ORDER OF DECISION GRANTING A VARIANCE / VAR -01-012 / ELIXIR SUBDIVISION the ordinance should not be strictly complied with, and the special conditions and circumstances that exist, are as stated above in number 12. 16. A literal interpretation of the provisions of the ordinance would deprive the Applicant rights because across the street from the development, there have been other projects that were approved under the old landscape ordinance, that do not meet the current requirements. 17. The existence of special circumstances or conditions affecting the property are as stated above in paragraphs 12 and 16 above. 18. Granting the variance would maintain rights which would be afforded to others in the same situation. 19. The variance would allow the applicant to avoid the requirement of the ordinance as the existing buildings were built prior to the existing ordinances, and should not be required to meet the new standards. 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, 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 hearing of this matter. 21. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 6 of 9 ORDER OF DECISION GRANTING A VARIANCE / VAR -01-012 / ELIXIR SUBDIVISION Comprehensive Plan for the reasons stated above. 22. The applicant paid the fee established by the City Council for application for a 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 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 7 of 9 ORDER OF DECISION GRANTING A VARIANCE / VAR -01-012 / ELIXIR SUBDIVISION 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, H 12-4-2(A) — Streets, Dedication, 12-13-10-4 — Street Buffers, Buffer Size, and 12-4-13(A) — Piping of Ditches, Tiling Of Irrigation Ditches, Laterals Or Canals, and in the L -O zone if granted the variance, provides as follows: 12-4-2: STREETS: A. Dedication: Within a proposed subdivision, arterial and collector streets as shown on the Comprehensive Plan shall be dedicated to the public in all cases; in general, all other streets shall also be dedicated to public use. 12-13-10-4 STREET BUFFERS: Buffer Size: The required width of the landscape buffer is calculated based on the Ada County Long Range Highway and Street Map (and future updates) as follows. Note: Residential Collectors do not have a required street buffer. Street Type Buffer Width FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 8 of 9 ORDER OF DECISION GRANTING A VARIANCE / VAR -01-012 / ELIXIR SUBDIVISION Local Roads (except in residential areas per 7.3) Urban Collector Principal &. Minor Arterials (other than entryway corridors) Entryway Corridors (as defined in the Comprehensive Plan) Interstate 84 12-4-13 PIPING OF DITCHES: 10 feet 20 feet 25 feet 35 feet 50 feet A. Tiling Of Irrigation Ditches; Laterals Or Canals: 1. Requirement To Cover And Enclose: All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous, or which canals, ditches or laterals touch either or both sides of the area being subdivided, shall be covered and enclosed with tiling or other covering equivalent in ability to detour access to said ditch, lateral or canal. 2. Wave Requirement To Cover: The City may waive the requirement for covering such ditch, lateral or canal, it if finds that the public purpose requiring such will not be served in the individual case. 3. Prior Approval Of Irrigation District: Any covering program involving the distribution system of any irrigation district shall have the prior approval of that affected district. 4. Plat Approval Restriction: No subdivision plat shall be approved where the subdivision is arbitrarily or artificially laid out to avoid being adjacent to any waterway, irrigation ditch, lateral or canal to which it would otherwise be naturally adjacent or which it would otherwise naturally include. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 9 of 9 ORDER OF DECISION GRANTING A VARIANCE / VAR -01-012 / ELIXIR SUBDIVISION 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 Meridian City Code, §§ 12-4-2(A) — Streets, Dedication, 12-13-10-4 — Street Buffers, Buffer Size, and 12-4-13(A) — Piping of Ditches, Tiling Of Irrigation Ditches, Laterals Or Canals, in the L -O zone for Elixir Subdivision. 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 Streets, Dedication, Street Buffers, Buffer Size, and Piping of Ditches, Tiling of Irrigation Ditches, Laterals or Canals, requirements in the L -O Zone as provided in the Sections 12-4-2(A), 12-13-10-4, and 12-4-13(A), 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 10 of 9 ORDER OF DECISION GRANTING A VARIANCE / VAR -01-012 / ELIXIR SUBDIVISION By action of the City Council at its regular meeting held on the (t day of 2001. ROLL CALL: COUNCILMAN RON ANDERSON COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE McCANDLESS VOTED✓ VOTED— VOTED�vc. VOTED--�9� MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED:�� MOTION: APPROVE DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Work's Department, and the City Attorney office. KIM'� A •I�City Clerk' Dated: ?'(,;g ZAWork\M\Meridian\Meridian 15360M\Elixier Sub RZOI-006 PPO1-014 VARO1-012\FfClsGrantVAR01-012.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 11 of 9 ORDER OF DECISION GRANTING A VARIANCE / VAR -01-012 / ELIXIR SUBDIVISION CA F w 0 0 0 N O O EAGLE RD m r X X -v O m M cn C cu C cn m PUBLIC HEARING SIGN-UP SHEET DATE PROJECT NUMBER PROJECT NAME NAME FOR AGAINST w RECEIVI(D, P - 4 2001 CITY OF. IDU The Idaho Statesman P.O. Box 40, Boise, Idaho 83707-0040 LEGAL ADVERTISING PROOF OF PUBLICATION RF IVF7 Account # DTI# Identification Amount: 064514 507981 NOTICE OF HEARING $84.12 Ordered by: P.O. # Rate Run Dales TARA NT AUGUST 17, 31, 2001 CITY OF MERIDIAN Number of Lines 33 EAST IDAHO AVE. 52 MERIDIAN, ID 83642 Affidavit Legal # 1 11221 LEGAL NOTICE PUBLIC -HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hail, 33 East Idaho Street, Meridian, Idaho, at the hour of 6:30 p.m. on September 4, 2001, for the purpose of reviewing and consider- ing the applications of: Shanalee Slade for a Conditional Use Permit for a Day Care Center for approxi- mately 100 children in a C -G zone for The Learning Garden Day Care Center located at 1230 West Overland Road; Dakota Company, Inc. for Preliminary/ Final Plat approval of 4 building lots on 10.98 acres plus or minus in a proposed I -L zone for proposed Presidential Subdivision, a Variance to delete the requirement for subdivision street buffers to be on a com- mon lot, maintained by business/owners association in an I -L zone for Presidential Subdivision and a second Variance to delete the requirement of 35 foot buffer width for entryway corridors and maintain existing 20 foot buffer width and to delete requirement of the 25 foot buffer between Intensity Class I and Class IV and maintain the 20 foot width JANICE HILDRETH, being duly sworn, deposes and says: That she is the Principal Clerk of The Idaho Statesman, a daily newspaper printed and published at Boise, Ada County, State of Idaho, and having a general circulation therein, and which said newspaper has been continuously and uninterruptedly published in said County during a period of twelve consecutive months prior to the first publication of the notice, a copy of which is attached hereto: that said notice was published in The Idaho Statesman, in conformity with Section 60-108, Idaho Code, as amended for: TWO 5 consecutive weekly =single =consecutive daily =odd skip insertion(s) beginning with the issue of: AUGUST 17 , 2001 and ending with the issue of: AUGUST 31 2001 located in the southeast corner of East Pres STATE OF IDAH(y ) idential Drive and North, Eagle Road; )5S Elixir Industries for a Rezone from K to L-0 zones for proposed Elixir Subdivision, COUNTY OF ADA Preliminary Plat approval of 3 building lots and 1 other lot on 15,49 acres in proposed On this 31 day of AUGUST in the year of 2001 si and L Ozones for pproposed Landscape a Ordi- . before me, a Notary Public, personally appeared before me Janice Hiidreth Sion and a Variance to the Landscape Ordi- ' nance for Elixir Properties Subdivision known or identified to me to be the person whose name subscribed to the located at 521 North Eagle Road; Smith Brighton, LLC for annexation and within instrument, and being by me first duly sworn, declared that the state - zoning of .99 acres from R1 to COG zones for Podiatry Building located at 1065 East ments therein are true, and acknowledged to me that she executed the same. Fairview Avenue. Pub, Aug. 17,31, 2001 11221 Notary Public for Idah Residing at: Boise, Idaho My Commission expires: saus.s. �r 1, BRIG ��;00 10 -n *OTA*Y 7x RECEIVED oo SEP - 4 2001 "s* PuBL~c' CITY OF MERIDIAN ov 10* August 31, 2001 12. VAR 01-00 MERIDIAN CITY COUNCIL MEETING September 4, 2001 APPLICANT Paul Clayton ITEM NO, REQUEST Public Hearing -- Request for a Variance to the Landscape Ordinance in an I -L zone for Elixir Properties Subdivision -- 521 North Eagle Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: No comment CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT' "No Remarks" CITY SEWER DEPT: "No Comment" MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: See attached comments SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: "We have No Objections to this Proposal" NAMPA MERIDIAN IRRIGATION: No comment SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: 7 Contacted: oDate: Phone: l Materials presented at public meetings shall become property of the City of Meridian. Itidv PP.AVPv-DPrr. President Ada County Highway District 318 East 37th Street Dave Bivens, 1st Vice President AUS t b 1UU1 Garden City ID 83114-649U Sherry R. Huber, 2nd Vice President Phone (208) 387-6100 Susan S. Eastlake, Commissioner CITY OF MERIDIAN FAX (208) 387-6391 David E. Wynkoop, Commissioner E-mail: tellus@ACHD.ada.id.us August 13, 2001 TO: Elixir Industries 17925 S. Broadway Gardena, CA 90248 SUBJECT: MVAR01-0009 Variance 521 N. Eagle Road The Ada County Highway District (ACHD) staff has received and reviewed the application and site plan for the item referenced above. ACHD does not have any site improvement requirements at this time. The ACHD Commission will not hear this item unless the site plan is changed in such a manner as to require Commission review. ACHD policy requires that before any improvements of any kind are constructed or installed within the public right-of-way, a permit or license agreement permitting the improvements must be obtained. All future design plans and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived in writing by the District. Contact the office for payment of possible road impact fees prior to building construction in accordance with Ordinance #193, also known as the Ada County Highway District Road Impact Fee Ordinance. If you have any questions, please feel free to contact me at (208) 387-6170. Sincerely, D lopment Ana stYv Planning & Development Cc: Planning & Development/Chron/Project File Planning & Development Services City of Meridian Paul Clayton 501 N. Eagle Road Meridian, Idaho 83642 •A request for a Variance to reduce the required 20 -foot minimum setback buffer width between Class II and Class IV land uses to a 5 -foot wide buffer with a 4 foot masonry wall by the Elixir Industries. (File No. VAR 01-012, Part II). We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian. City Council: APPLICATION SUMMARY The applicant has requested a variance from the City of Meridian's Landscape Ordinance to allow a reduced buffer between land uses and to eliminate the required ten foot street buffer within part of a proposed commercial subdivision. The reduced landscape buffer request concerns the lot lines adjacent to Lots 1 and 2 of the proposed Elixir Subdivision. The applicant has requested a rezone of Lotl from an I -L zone to an L -O zone classification. If approved, a 20 -foot landscape buffer would be required between Lot 1 (L -O, proposed Primary Health clinic) and Lot 2 (I -L, currently being used for manufacturing). Both Lotsl and 2 are currently improved with asphalt, and the applicant does not feel that it is reasonable to remove all of the asphalt for landscaping and thus reduce the parking area available for both of the lots. Alternatively, the applicant has proposed a 5 -foot wide buffer with a 4 -foot tall masonry wall to buffer the clinic use from the manufacturing use. The request to eliminate the 10 -foot landscape buffer along Lot 2 and Commercial Court has been requested because the applicant feels it will interrupt the existing traffic patterns within the subdivision and will reduce the number of available parking stalls on Lot 2. Elixir.Var.doc VAR -01-012 HUB OF 7R&4SURE VALLEY MAYOR A Good Place to Live sc-OZ- Hc) y- H # zoo Robert D. Corrie CITY O1 MERIDIAN gg � $ O i 4 . CITY OOUNCIL MEMBERS Ron Anderson 33 EAST IDAHO Keith Bird MERIDIAN, IDAHO 8RA2 TarnmydeWeerd (208) 888-4433 -FAX (208) 887-4813 1LANNINGANllZONING City Berk Office Fax (208) 888-4218 Cherie McCandless (208) 884EPARTNENr - 533 • FAX 888-6854 MEMORANDUM: August 31, 2001 AUG' 3 # 2001 To: Mayor & City Council Cy oMeridian ii;> Clerk OItoo From: David McKinnon, Planner Re: •A request for a Variance to eliminate the required 10 -foot landscape buffer along a local street adjacent to Lot 2 Blockl of the proposed Elixir Subdivision by Elixir Industries (File No. VAR- 01-012, Part I) •A request for a Variance to reduce the required 20 -foot minimum setback buffer width between Class II and Class IV land uses to a 5 -foot wide buffer with a 4 foot masonry wall by the Elixir Industries. (File No. VAR 01-012, Part II). We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian. City Council: APPLICATION SUMMARY The applicant has requested a variance from the City of Meridian's Landscape Ordinance to allow a reduced buffer between land uses and to eliminate the required ten foot street buffer within part of a proposed commercial subdivision. The reduced landscape buffer request concerns the lot lines adjacent to Lots 1 and 2 of the proposed Elixir Subdivision. The applicant has requested a rezone of Lotl from an I -L zone to an L -O zone classification. If approved, a 20 -foot landscape buffer would be required between Lot 1 (L -O, proposed Primary Health clinic) and Lot 2 (I -L, currently being used for manufacturing). Both Lotsl and 2 are currently improved with asphalt, and the applicant does not feel that it is reasonable to remove all of the asphalt for landscaping and thus reduce the parking area available for both of the lots. Alternatively, the applicant has proposed a 5 -foot wide buffer with a 4 -foot tall masonry wall to buffer the clinic use from the manufacturing use. The request to eliminate the 10 -foot landscape buffer along Lot 2 and Commercial Court has been requested because the applicant feels it will interrupt the existing traffic patterns within the subdivision and will reduce the number of available parking stalls on Lot 2. Elixir.Var.doc VAR -01-012 Mayor and Council August 31, 2001 Page 2 LOCATION The subject property is located at the southwest corner of Commercial Court and Eagle Road The entire subdivision, excluding the proposed Lot 1 (L -O), is currently zoned I -L. The Generalized Land Use Map depicts the property as Existing Urban. SURROUNDING PROPERTIES North — Vacant industrial property, zoned I -L. South — Industrial property, and the railroad, zoned I -L. East — Coors Distribution facility and industrial subdivision, zoned I -L. West — Industrial property, zoned I -L. 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, 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 rinds that there the common property line shared by Lots 1 and 2 has already been improved with asphalt, making the strict application of the current Landscape Ordinance impracticable. However, staff finds that there is not such special circumstance or condition that would make the application of the required ten -foot landscape buffer along Commercial Court impracticable or unreasonable. There is plenty of parking for the current use and the installation of a new landscape buffer would limit the cut though traffic. Furthermore, the 10 -foot wide street -side landscape buffer would promote a uniform appearance with the other street -side landscape buffers within the Subdivision (adjacent to Lots 1 and 3). If the buffer were eliminated it would make Lot 2's appearance look out of place with the surrounding properties. 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; VAR -01-012 Elixir.Vandm Mayor and Council August 31, 2001 Page 3 Staff finds that the lot does not possess any unusual topography, physical condition or other condition that would have made compliance with the setback requirements difficult or impossible. However, it would be unreasonable to request the applicant to meet the current ordinance as previously mentioned for buffer between land uses. 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 finds that the requested variance for reducing the setback between land uses will not be detrimental to the public's welfare. Granting the variance will not be injurious to other property in the area. Council should refer to any public testimony offered concerning whether or not the surrounding property owners feel that the requested variance will affect their properties. D. That such variance will not have the effect of altering the interest and purpose of this Title and the Meridian Comprehensive Plan. Part I -- Staff finds that the issuance of a variance for this project will not violate the intent and purpose of the Meridian City Code and the Comprehensive Plan. Part II — Staff finds that the issuance of a variance for the 10 -foot landscape setback along Commercial would not be in the interest of the adopted Landscape Ordinance, which seeks to create aesthetically -pleasing streets in Meridian. STAFF RECOMMENDATION Staff recommends approval of the reduced setback between land uses on Lots 1 and 2 (Part I). However, staff finds that there is no compelling reason to allow the elimination of the required street buffer along the north side of Lot 2 adjacent to Commercial Court. Staff recommends approval of the variance request, but only if the elimination of the required street buffer is denied or removed from the variance request. VAR -01-012 Elixir . Var.dm To insure that your comments and recommendations will be considered by the Meridian City Council please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: August 28, 2001 Transmittal Date: August 7, 2001 Hearing Date: September 4, 2001 File No.: VAR 01-009 Request: Variance to the Landscape Ordinance in an I -L zone for Elixir Properties Subdivision By: Paul Clayton Location of Property or Project: 521 North Eagle Road Sally Norton, P/Z (No vAR, vac, FP) Jerry Centers, P/Z (No vAR, vac, FP) Bill Nary, P/Z (No vAR, VAC, FP) Richard Hatcher, P/Z (NO vAR, vAc, FP) Keith Borup, P/Z (No vAR, vac, FP) Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service (No vAR, vac, FP) Meridian School District (No FP) Meridian Post Office (FP/PPonw Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PPonw U.S. West (FP/PPonw Intermountain Gas"/Pponw Bureau of Reclamation (FPIPPonw Idaho Transportation Department (No FP) Ada County (Annex dononw Building Department Your Concise Remarks: Fire Department Police Department City Attorney City Engineer City Planner Parks Department (R"idenwronM AZ - 27 FP • 24 PPIPFP - 20 VARNAC • 20 CUP - 20 . � EIVET' HUB OF TREASURE VALLEY .� MAYOR A Good Place to Live LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 Robert D. Corrie CITY OF MERIDIAN PUBLIC WORKS CITY COUNCIL MEMBERS BUILDING DEPARTMENT Ron Anderson 33 EAST IDAHO (208) 887-2211 • Fax 887-1297 MERIDIAN, IDAHO 83642 Keith Bird (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING Tammy deWeerd City Clerk Office Fax (208) 888-4218 DEPARTMENT Cherie McCandless (208) 884-5533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: August 28, 2001 Transmittal Date: August 7, 2001 Hearing Date: September 4, 2001 File No.: VAR 01-009 Request: Variance to the Landscape Ordinance in an I -L zone for Elixir Properties Subdivision By: Paul Clayton Location of Property or Project: 521 North Eagle Road Sally Norton, P/Z (No vAR, vac, FP) Jerry Centers, P/Z (No vAR, vac, FP) Bill Nary, P/Z (No vAR, VAC, FP) Richard Hatcher, P/Z (NO vAR, vAc, FP) Keith Borup, P/Z (No vAR, vac, FP) Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service (No vAR, vac, FP) Meridian School District (No FP) Meridian Post Office (FP/PPonw Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PPonw U.S. West (FP/PPonw Intermountain Gas"/Pponw Bureau of Reclamation (FPIPPonw Idaho Transportation Department (No FP) Ada County (Annex dononw Building Department Your Concise Remarks: Fire Department Police Department City Attorney City Engineer City Planner Parks Department (R"idenwronM AZ - 27 FP • 24 PPIPFP - 20 VARNAC • 20 CUP - 20 . � EIVET' August 15, 2001 Will Berg, City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 r C, E ,_ 2001 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Re: VAR 01-009 Variance request for Elixir Properties Subdivision Dear Commissioners: Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 The Nampa & Meridian Irrigation District has no comment on the above-mentioned application, Sincerely, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT Cc: File — Shop File — Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 B CENTRAL NT /�LDISTRICT DEPARTMENT • DISTRICT Return t®� 1 Environmental Health Division Boise DEPARTMENT RECEIVED El Eagle Rezone # AUG 10 2001 C3 Garden City Conditional Use # 9-44 QF M4;F44;)L4N eridian El Kuna Preliminary / Final / Short Plat ACZ El Star 1. We have No Objections to this Proposal. 2. We recommend Denial of this Proposal. 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. 4. We will require more data concerning soil conditions on this Proposal before we can comment. EJ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ waste flow characteristics ❑ or bedrock from original grade ❑ other EJ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ❑ central sewage ❑ community sewage system ❑ community water well ❑ interim sewage ❑ central water ❑ individual sewage ❑ individual water 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ❑ central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines ❑ central water 10. Run-off is not to create a mosquito breeding problem. 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. Ll 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. 13. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store go Date:ll Review Sheet HUB OF TREASURE VALLEY MAYOR A Good Place to Live LEGAL DEPARTMENT Robert D. Corrie Bill Nary, P/Z (No vAR, VAC, FP) (208) 288-2499 • Fax 288-2501 Richard Hatcher, P/Z (No vAR, vAc, FP) Community Planning Assoc. PUBLIC PARKS CITY COUNCIL MEMBERS Robert Corrie, Mayor BUILDING DEPARTMENT Ron Anderson 33 EAST IDAHO (208) 887-2211 - Fax 887-1297 Keith Bird MERIDIAN, IDAHO 83642 U.S. West (FPIPPonW Cherie McCandless, C/C (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING Tammy deWeerd City Clerk Office Fax (208) 888-4218 DEPARTMENT Cherie McCandless Ada County (Annexation onto (208) 884-5533 - Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: August 28, 2001 Transmittal Date: August 7, 2001 Hearing Date: September 4, 2001 File No.: VAR 01-009 Request: Variance to the Landscape Ordinance in an I -L zone for Elixir Properties Subdivision By: Paul Clayton Location of Property or Project: 521 North Eagle Road Sally Norton, P/Z (No vAR, vac, FP) Meridian School District (No FP) Jerry Centers, P/Z (No vAR, vac, FP) Meridian Post Office (FRPPoN» Bill Nary, P/Z (No vAR, VAC, FP) Ada County Highway District Richard Hatcher, P/Z (No vAR, vAc, FP) Community Planning Assoc. Keith Borup, P/Z Mo vAR, vAc, FP) Central District Health Robert Corrie, Mayor Nampa Meridian Irrig. District Ron Anderson, C/C Settlers Irrigation District Tammy deWeerd, C/C Idaho Power Co. (FPIPPonr.0 Keith Bird, C/C U.S. West (FPIPPonW Cherie McCandless, C/C Intermountain Gas(FPIPPonlo Water Department Bureau of Reclamation (FP/PPonW Sewer Department Idaho Transportation Department (No FP) Sanitary Service (No vAR, vac, FP) Ada County (Annexation onto Building Department Your Concise Remarks: _ Fire Department Police Department City Attorney City Engineer City Planner Parks Department (Realdenaaionw AZ -27 FP -24 PPIPFP-26 VARNAC- 20 CUP -20 RECETV T"' AU Cite of .Mei a City Ct r isN, _; WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: August 28, 2001 Transmittal Date: August 7, 2001 Hearing Date: September 4, 2001 File No.: VAR 01-009 Request: Variance to the Landscape Ordinance in an I -L zone for Elixir Properties Subdivision By: Paul Clayton Location of Property or Project: 521 North Eagle Road Sally Norton, P/Z (No VAR, vac, FP) Jerry Centers, P/Z (No vAR, vac, FP) Bill Nary, P/Z (No VAR, VAC, FP) Richard Hatcher, P/Z (No VAR, VAc, FP) Keith Borup, P/Z (No vAR, vAc, FP) Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service (No vAR, vAc, FP) Building Department Fire Department Police Department City Attorney City Engineer City Planner Parks Department (Rea/dentwonw Meridian School District (No FP) Meridian Post Office (FP/PPonio Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FPIPPonly) U.S. West (FPIPPonly) Intermountain Gas(FP/PPonw Bureau of Reclamation (FP/PPonW Idaho Transportation Department (No FP) Ada County (Annexa*nonly) AZ -27 FP -24 PP/PFP-20 VARNAC- 20 CUP -20 RECEIVET), 40 ; 0 Plitt OLpijj. Clem` 6-71C.e.,v NUB OF TREASURE VALLEY MAYOR A Good Place to Live LEGAL DEPARTMENT Robert D. Corrie (208) 288-2499 - Fax 288-2501 CIT ip rn 'IAN PUBLIC WORKS CITY COUNCIL NNIEMBERS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT (208) 887-2211 - Fax 887-1297 Keith Bird MERIDIAN, IDAHO 83642 Tammy deWeerd (208) 888-4433 - Fax (208) 887-4813 PLANNING AND ZONING City Clerk Office Fax (208) 888-4218 DEPARTMENT Cherie McCandless (208) 884-5533 - Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: August 28, 2001 Transmittal Date: August 7, 2001 Hearing Date: September 4, 2001 File No.: VAR 01-009 Request: Variance to the Landscape Ordinance in an I -L zone for Elixir Properties Subdivision By: Paul Clayton Location of Property or Project: 521 North Eagle Road Sally Norton, P/Z (No VAR, vac, FP) Jerry Centers, P/Z (No vAR, vac, FP) Bill Nary, P/Z (No VAR, VAC, FP) Richard Hatcher, P/Z (No VAR, VAc, FP) Keith Borup, P/Z (No vAR, vAc, FP) Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service (No vAR, vAc, FP) Building Department Fire Department Police Department City Attorney City Engineer City Planner Parks Department (Rea/dentwonw Meridian School District (No FP) Meridian Post Office (FP/PPonio Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FPIPPonly) U.S. West (FPIPPonly) Intermountain Gas(FP/PPonw Bureau of Reclamation (FP/PPonW Idaho Transportation Department (No FP) Ada County (Annexa*nonly) AZ -27 FP -24 PP/PFP-20 VARNAC- 20 CUP -20 RECEIVET), 40 ; 0 Plitt OLpijj. Clem` 6-71C.e.,v Elixir Industries Victory Properties, LLC Alum A Form 17905 South Broadway Street 600 North Eagle Road 17905 South Broadway Street Gardena, CA 90248-3509 Meridian, ID 83642-5934 Gardena, CA 90248-3509 Coors Distributing, Co 3225 Commercial Ct Meridian, ID 83642-6007 Wheel City Propty of Boise, LLC 244 Constitution Way Idaho Falls, ID 83402 RC Willey Home Furnishings 2301 South 300 Salt Lake City, UT 84115-2516 R-2 Development, Inc. 4414 Gekeler Lane Boise, ID 83716-5240 OC and CJ Mayes Living Trust 5768 North Marcliffe Avenue Boise, ID 83704-2058 Ronald and Linda Yanke 7540 North Meridian Road Meridian, ID 83642 Ronald W. Van Auker 3084 East Lanark Meridian, ID 83642 CITY CLERK FILE CHECKLIST Project Name: Elixir Properties Subdivision File No. VAR 01--999- D 12, Contact Name: Paul Clayton Phone: 887-5304 Date Received from Planning and Zoning Department: Planning and Zoning Level: F] Transmittals to agencies and others: F] Notice to newspaper with publish dates: ❑ Certifieds to property owners: July 26, 2001 Hearing Date: N/A N/A N/A and N/A N/A ❑ Planning and Zoning Commission Recommendation: F-1 Approve ❑ Deny Notes: City Council Level: © Transmittals to agencies and others: ® Notice to newspaper with publish dates: ® Certifieds to property owners: ❑ City Council Action: Hearing Date: September 4, 2001 August 6, 2001 08/17/01 and 08/31/01 k-, l 2 Go 1 ❑ App ove ❑ Deny ❑ Findings / Conclusions / Order received from attorney on: Findings / Conclusions / Order: R..akdl,., F]Approved by Council: OVml Rw/Cap, Cat Mmftwk �°°' EV-C"k Copies Disbursed: "Maas skAreCadna. El Findings Recorded D*11V Cft Copy Rro, Cdd W Cert Pde Cauda (CPAs) Development Agreement. Alpk-d(—,CPP.) Retarded O,dk—c OVM: MMftt-k Sent for signatures: C.M. b: City CWk St t T.C— fth Treaa.er, &.0., A— ❑ Signed by all parties: y MorM "Erd— ❑ Approved by Council: RY Projecl fib Cdfila Ap{daad(d eppt) ❑ Recorded:0,& FYidbge / Ordero: Cdgyret Mlulebook ❑ Copies Disbursed: C.leab: Pppk.M CP).df Ordinance No. Resolution No. PW— D." crerk •• Record VU Wn MOV... ❑ Approved by Council: Ra" �m ,�°�nt.° Caples *tfimwd ❑ Recorded: Deadline: 10 days � d— ❑ Published in newspaper: "F.— DAftM ❑ Copies Disbursed: Notes: HUB OF TREASURE VALLEY MAYOR A Good Place to Live LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 Robert D. Corrie PUBLIC WORKS CITY COUNCIL MEMBERS BUILDING DEPARTMENT Ron Anderson 33 EAST IDAHO (208) 887-2211 • Fax 887-1297 MERIDIAN, IDAHO 83642 Keith Bird (208) 888-4433 • Fax (208) 887-4813 PLANNINGDEPAANDZONING Tammy deWeerd City Clerk Office Fax (208) 888-4218 NT Cherie McCandless 208 884-5533 •Fax 888-6854 ( ) TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: August 28, 2001 Transmittal Date: August 7, 2001 Hearing Date: September 4, 2001 File No.: VAR 01-060 ►2. Request: Variance to the Landscape Ordinance in an I -L zone for Elixir Properties Subdivision By: Paul Clayton Location of Property or Project: 521 North Eagle Road Sally Norton, P/Z (No vAR, VAC, FP) Jerry Centers, P/Z (No vAR, VAC, FP) Bill Nary, P/Z (No vAR, vac, FP) Richard Hatcher, P/Z (No vAR, vac, FP) Keith Borup, P/Z (No vAR, vAc, FP) Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service (No VAR, VAC, FP) Building Department Fire Department Police Department City Attorney City Engineer Your Concise Remarks: City Planner Parks Department (ResidentialOnW AZ -27 FP -24 PPIPFP-26 VARNAC- 20 CUP -26 Meridian School District (No FP) Meridian Post Office (FPIPPonly) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FPlPPonry) U.S. West (FP/PPonW Intermountain Gas(FP/PPonW Bureau of Reclamation (FPlPPonw Idaho Transportation Department (No FP) Ada County (Annexationon130 CITY OF MERIDIAN Planning & Zoning Department 660 E. Watertower Ln., Ste. 202, Meridian, ID 8-1642 (208) 884-5533 Phone/ (208) 888-6854 Fax VARIANCE APPLICATION (RE: Meridian Zoning Ordinance — 11-18, Meridian Subdivision Ordinance—12-11) APPLICANT: Paul B. Clayton ADDRESS: 501 N. Eagle Road, Meridian, ID 83642-5933 PHONE: 208-887-5304 FAX: 208-888-1556 E-MAIL: OWNER(S) OF RECORD: Elixir Industries FIL IPA r -cel -t 0q ADDRESS: 17925 South Broadway y Gardena, CA 90248 PHONE: 310-767-3400 FAX: 310-767-3411 E-MAIL: El i xi r1001 @aol . com ENGINEER, SURVEYOR, PLANNER: Douglas G. Bergey, PLS ADDRESS: 1431 S. Main Stt6et, Payette, ID 83661 PHONE: 208-642-3479 FAX: 208-642-3501 E-MAIL: dgbergey@mindspring,com ADDRESS, GENERAL LOCATION OF SITE: PRESENT ZONE CLASSIFICATION: I - L 521 N. Eagle Road PRESENT USE OF SUBJECT PROPERTY: Vacant PROPOSED USE OF SUBJECT PROPERTY: Industrial / Office Development DESCRIPTION OF PROPOSED VARIANCE: See attached variance request I have read the information contained herein and certify the information is true and Pt - /`. Signature of Applicant: Rev. 00 15 01 #5 We do not comply with the adopted Landscape Ordinance (Street Buffers and Buffers Between Land Uses). #6 Existing improvements would prohibit the installation of new landscaping. #7 A ten foot buffer is required along lot 2 and a 20 foot buffer between land uses is required between lots 2 and 1. We are requesting that both buffers be eliminated. The applicant would agree to 4 foot tall masonary wall with a 5 -wide landscape buffer. #8 The required landscaping would interfere with existing parking and building design. #9 & #10 The property is already improved, and the parking area includes landscape islands. We feel that there will be adequate landscaping without the additional required landscaping. The type of the proposed development would indicate that the landscaping to be installed will be superior to the standard landscaping. #11 Across the street from this development, there have been other projects that were approved under the old landscape ordinance, that do not meet the current requirements. #12 The parking facilities were designed in 1968 and the project was developed at time when there were no required setbacks. If the parking is reduced, due to landscaping, it will not be able to provide the minimum number of parking stalls. At the beginning and the end of the parking, at both ends ( Lot 2), a landscape island could be installed. #13 Existing buildings were built prior to existing ordinances, and should not be required to meet new standards. #14 No profit will be gained, the granting of the variance will perpetuate the Status -Quo. #15 Goals # 3 and #8 support the variance. Relief from the ordinance is needed due to prior development. n (' "e�" — 5, r j w � t NOHNIaanS >Rivd 'TVALMONI P >WVd 33113MMOO <g a 3 DNRrfm Jo SS/8 a3uyldNn 1y O o � � z En ki a gels ° Aw v t a h J Aa r/3 � r ,Oal u t � kr-i7l E V vii o t �°tea m y a o 0 b� W b �S � a � � b m (�y V" z �4 a' O� P. cv W O ; E w � t NOHNIaanS >Rivd 'TVALMONI P >WVd 33113MMOO <g a 3 DNRrfm Jo SS/8 a3uyldNn 1y 1 o � � z OR ix � Jis ki a gels m � a � a h J II � r ,Oal u t � kr-i7l E IRS Y t �°tea � i5 b� w � t NOHNIaanS >Rivd 'TVALMONI P >WVd 33113MMOO <g a 3 DNRrfm Jo SS/8 a3uyldNn 1y 1 � m � a � a h J II � r ,Oal u t � kr-i7l E Y �6 � • P � r� Ito M 1 � E • � n z cv w ; E 1EL�TXTR. =rTnt3's�rr�.=Es CORPORATE HEAOOUARTERS • 17925 SO. BROADWAY -PO. BOX 470 - GAROENA, CA 90247-310/767-3400- FAX 310/787-3411 t: May 14, 2001 DWOI-1056 To: City of Meridian, Idaho Fm: David C. Whitt President & Chief Operating Officer This letter is to confirm that Paul Clayton has my permission to sign the application for Lot Division on Elixir Industries' behalf. Da id C. Whitt Daie President & Chief Operating Officer rjlc 3 y MAY -14-2001 MON 12:12PM ID:ELIXIR INDUSTRIES PAGF:P. BERGEY Y - A ='� D S1111RVEYING 1431 BUS. ALT. US 95 r Payette, Idaho 83661 .208-642-3479 Fax 208-642-3501 The following variances are requested to preserve the existing manufacturing operations and to facilitate future development of the Elixir properties. yJaiv£R A vaRanee is requested from Title 12-4-2 (A) of the Meridian City Code. A private drive owned and maintained by Elixir Industries allows more flexibility in the future development of the Elixir properties. A variance is requested from the requirement of a 10' landscape buffer, as per Section 7 of the Meridian Landscape ordinance, across lot 2. It will interfere with the existing traffic circulation and parking. Lots 1 and 3 do not present any such problem. A variance is requested from the requirement of a 20' landscape buffer between different land uses as per Section 9 of the Meridian Landscape Ordinance. The design of the new building for Lot I will include landscaping in keeping with the structure. Any expansion into Lot 2 will interfere with the existing parking and traffic flow. A waiver of the requirement to cover the existing drain ditch as per Title 12-4-13(A) of the Meridian City Code. The future development of Lot 3 may require the relocation of the existing drain ditch. No public purpose will be served by enclosing and covering the ditch, at this stage of the development. jB3MqB" GEY LAND Wk, rY1NG L 1431 BUS. ALT. US 95 h; 1hS1h1: Payette, Idaho 83661. 208-642-3479 Fax 208-642-3501 DESCRIPTION FOR THE PROPOSED ELDCIR PROPERTIES SUBDIVISION A PORTION OF THE SE '/. OF SECTION 8, T.3N., R 1 E., B.M. MERIDIAN, ADA COUNTY, IDAHO A parcel of land being a portion of the SE'/, of Section 8, T.3N., RAE., B.M., Meridian, Ada County, Idaho and being more particularly described as follows: Commencing at a brass cap marking the Southeast corner of said SE'/, of Section 8, thence North 01 029'03" East 1298.35 feet along the Easterly boundary of said SE %, to a point on the Northerly right of way line of the Union Pacific Railroad, thence North 88°28'27" West 70.00 feet along said Northerly right-of-way line to a point on the Westerly right-of-way line of N. Eagle Road, the REAL POINT OF BEGINNING; NG; Thence continuing along said Northerly right-of-way line of the Union Pacific Railroad, North 88°28'27" West 1303.29 feet to an iron pin; Thence North 00°32'01" East 520.01 feet to a point; Thence South 88128'27" East 1284.54 feet to a point on said Westerly right-of-way line N. Eagle Road; Thence along the following courses and distances along said Westerly right-of-way line of N. Eagle Road, South 71 °37'30" West 45.32 feet to a point; Thence South 01 °29'03" West 50.00 feet to a point; Thence South 69°04'04" East 74.24 feet to a point; Thence South 01'29'03" West 429.84 feet to the point of beginning, comprising 15.49 acres, more or less. SUBJECT TO: Any easements of record or appearing on theabove described parcel of land. 5710 _ ELIXIR PROPERTY SUBDIVISION PROPERTY OWNERS WITHIN 300"" ELIXIR INDUSTRIES 17905 5 BROADWAY ST GARDENA CA 90248-3509 725 N EAGLE RD VICTORY PROPERTIES LLC 600 N EAGLE RD MERIDIAN ID 83642-5934 ALUM A FORM 17905 5 BROADWAY ST GARDENA CA 90248-3509 535 N EAGLE RD COORS DISTRIBUTING CO 3225 COMMERCIAL CT MERIDIAN ID 83642-6007 R-2 DEVELOPMENT INC 4414 GEKELER LN BOISE ID 83716-5240 E LANARK ST YANKE RONALD C YANKE LINDA L 7540 N MERIDIAN RD MERIDIAN ID 83642-0000 E LANARK ST WHEEL CITY PROPTY OF BOISE LLC 244 CONSTITUTION WAY IDAHO FALLS ID 83402-0000 3036 E LANARK 5T MAYES O C & C J LIVING TRUST MAYES O C & C J TRUSTEES 5768 N MARCLIFFE AVE BOISE ID 83704-2058 3084 E LANARK ST VAN AUKER RONALD W 3084 E LANARK MERIDIAN I0 83642-0000 E LANARK ST 3180 E LANARK ST R C WILLEY HOME FURNISHINGS 2301-5300 SALT LAKE CITY UT 84115-2516 3250 E FRANKLIN RD IL a _z U OU 31Jb3 W O O N V- 0 0 0 0 0 M O CONTENTS OF VARIANCE APPLICATION (Incomplete applications will not be processeq' The Council shall not grant a variance from the terms of this Ordinance unless and until a written application for a variance is submitted to the Administrator and the Council. The application shall contain the following information: 1. Completed and signed application form. 2. Proof of title of said owner (warranty deed). 3. Notarized consent from titled owner of property. (If owner is a corporation, provide a copy of the /71 Articles of Incorporation or other evidence to show that the person signing is an authorized representative). �, 4. Legal description of subject property. 5. Provide a written statement - what ordinance can you not comply with? 6. Provide a written statement - what prevents compliance with the ordinance? 7. Provide a written statement - what are the minimum requirements of this ordinance that need to be reduced to permit the proposed use? 8. Provide a written statement - what is the difficulty or hardship that would result if requirements of this ordinance were applied to the subject property? 9. Provide a written statement - any unusual or peculiar circumstances that indicate regulations of this ordinance that should not be strictly complied with? 10. Provide a written statement that special conditions and circumstances exist which are peculiar to the land, structure or buildings involved which are not applicable to other lands, structures or buildings in the same district. 11. Provide a written statement that a literal interpretation of the provisions of this Ordinance shall deprive the applicant of rights commonly enjoyed by other properties in the same district under terms of this Ordinance. 12. Provide a written statement that special conditions or circumstances exist that was not a result of the applicant's action. 13. Provide a written statement that granting the variance requested shall not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structures or buildings in the same district. 14. rovide a written statement of how the granting of the variance would convenience the applicant and how the applicant would profit therefrom, which statement shall also represent whether profit and convenience is the sole reason why the variance is requested. 15. Provide a written statement regarding the relationship of the proposed variance to the Meridian Comprehensive Plan 16. One (1) copy of a s able 8 % x 11 site plan showing proper lines, streets, etc. 17. One (1) copy of a vicinity map at a scale of one -(1) inch equals three hundred (300) feet, that includes surrounding zonings, streets, etc. 18. If applicable, schematic building plans which indicate typical elevation and floor plan of any proposed construction. 19. A list of the mailing addresses of all property owners within three hundred feet (300) of the external boundaries of the land being considered. This list must be obtained from the City of Meridian Planning & Zoning Department. Please request list seven days prior to submitting application. 20. A fee established by the Council: Variance = $250.00 In addition to above fee, the applicant shall pay cost of mailings at a rate of $0.34 per notice, for one mailing. 1. A signed affidavit stating that the property will be posted by the applicant 1 week before the public hearing. Posting must contain name of applicant, description of variance, and time and date of public hearing. Official notices are available at the Planning & Zoning Department or at City Hall 22. After the property has been posted, the applicant shall deliver to the Zoning Administrator a notarized statement that he has posted the property and the date the posting was placed. 0 ( c m c. 0u W W 00 ' m i1 CL a w o =r m 2°<� w N (D PAUL B. CLAYTON 1812 ARCHITECT 562-923-3737 208-887-5304 _ 92-372/1231 3668 501 N. EAGLE RD. MERIDIAN, ID 83642 Date C/%. Pay to the el -7- �,t��/ti !Q / It t 1 �'x Order of �,• (`f-� � - c. � �. Ll`t/Z C.`��6�� 2b- Dollars t 21r:1, a� 1 -800 -US BANKS usbank.,co9� For. 16%M�?"2 123103729'me 15335020959GO1812 ID HARLAND 2000