HomeMy WebLinkAboutGenerations Park Plaza II VAR-00-008
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BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE )
APPLICATION OF COLE I )
ASSOCIATES ARCHITECTS, P.A., )
FORA VARIANCE IN THE )
PARKING REQUIREMENTS )
ALLOWING NO OFF-STREET )
PARlGNG FOR GENERATIONS )
P ARl( PLAZA II LOCATED AT )
EAST 1 ST STREET AND PINE )
AVENUE, MERIDIAN, IDAHO
05-18~00
V AR-OO-008
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 May 16,2000, and Shari Stiles, Planning and Zoning Administrator, appeared
and testified, and appearing and testifying on behalf of the Applicant was Stan Cole, and
appearing and testifying with concerns or comments was Susan Wishney, and two letters
were received: one with comments and the other letter in opposition to the project, and
which two letters are attached hereto as Exhibit "A" and consisting of two pages, 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 11
ORDER OF DECISION GRANTING A VARIANCE / V AR-OO-008
COLE / ASSOCIATES ARCHITECTS. P.A. / GENERA. TIONS PARK PLAZA II
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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 SS 67-6509, 6516 and Meridian City
Code SS 1l~15~5 and 12-11-3 as evidenced in the record of this matter.
3. The Applicant is Cole I Associates Architects, P.A., whose address is 960
Broadway, Suite 240, Boise, Idaho 83706.
4. The owner of the property is Stewart Laney Benoit, whose address is 910
Main Street, Suite 240, Boise, Idaho 83702
5. The location of the subject property is located in Old Town at East 1 st
Street and Pine Avenue, Meridian, Idaho.
6. The legal description of the property appertains to the real property that
is included within the Vicinity Map as appears in the record of proceeds of this matter,
and is described as follows:
Lot 17, 18, 19, and 20 in Block 5 of Amended Plat of Townsite of Meridian,
according to the official plat thereof, filed in Book I of Plats at Page 50, records
of Ada County, Idaho, together with that part of vacated East Pine Avenue
adjacent as shown in Ordinance 872, City of Meridian, Idaho.
7. The present land use of subject property is presently zoned as (O-T) Old
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 2 of 11
ORDER OF DECISION GRANTING A V ARlANCE / V AR-OO-008
COLE / ASSOCIATES ARCHITECTS. P.A. / GENERATIONS PARK PLAZA II
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Town District which has been used as retail, but the property is presently being used as
an auto service station in need of repair.
8. The proposed land use of subject property is to develop the subject
property in the following manner: First Floor~Retail and Second Floor.Offices.
9. That a vicinity map, attached hereto as Exhibit "B", consisting of SL'C
pages, 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, S 11.13-5 B. 5., SCHEDULE OF PARKING SPACE REQUIREMENTS;
RECREATION OR ENTERTAINMENT and in the O-T zone, which provides as
follows:
11-13-5 B. 5. RECREATION OR ENTERTAINMENT:
TYPE OF USE
PARIGNG SPACE REOUIRED
Bowling alleys
4 for each alley or lane plus I
additional space for each 100 sq. ft. of
the area used for restaurant, cocktail
lounge or similar use
Outdoor swimming pools, public
or community or club
a) I for each 5 persons capacity
plus 1 for each 4 seats
b) 1 for each 30 sq. ft. floor
area used for seating purposes;
or
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 3 of 11
ORDER OF DECISION GRANTING A V ARlANCE / V AR-OO-008
COLE / ASSOCIATES ARCHITECTS. P.A. / GENERATIONS PARK PLAZA II
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c) The greater of the above 2 options
Restaurants, nightclubs, cod:tail
lounges, and taverns
1 for each 200 sq. ft. of floor area
Skating rinks (ice or roller skating)
1 for each 5 seats
II. 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 characteristics of the subject property which prevent compliance with
the requirements of the ordinance are that the proposed site cannot hold both the
building and the parking required. Replacing a dilapidated service station with a
building that has the "downtown" scale inherently will create a greater parking demand
than the existing use.
13. The minimum requirements of the ordinance that need to be reduced to
permit the proposed use would be the elimination of the requirement of 35 spaces:
1 :200 for retail and I :400 for office parking. As proposed, the Applicant has 19 off-
street parking spaces and is short by 16 parking spaces.
14. The difficulty or hardship which would result if the requirements of the
ordinance were applied to the subject property is that if the City of Meridian were to
require the minimum off-street parking standards the building could only be 112 its
current proposed size, (9,533 U.S.P. to 5,000 U.S.F) This would make a two story
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 4 of 11
ORDER OF DECISION GRANTING A V ARlANCE / V AR-OO-008
COLE / ASSOCIATES ARCHITECTS. P.A. / GENERATIONS PARK PLAZA II
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building very inefficient, so a one story retail building of 3,800 U.S.P. would be the
only logical direction, which the owner feels is not a desirable option for the expense.
IS. The unusual or peculiar circumstances which indicate that regulations of
the ordinance should not be strictly complied with are that this project would
encourage a high density urban downtown that is pedestrian orientated and not
sprawling. The parking ordinance does not encourage this kind of city scape.
16. The special conditions and circumstances that exist are that the property
is bordered by a city park and contains limited parking facilities.
17. A literal interpretation of the provisions of the ordinance would deprive
the Applicant rights because many of the downtown businesses in the area have less
than the required parking spaces.
18. The existence of special circumstances or conditions affecting the
property is that the limited property sizes in the downtown area make it difficult to
provide parking, which is not the fault of the property owners.
19. Granting the variance would maintain rights which would be afforded to
others in the same situation.
20. The Comprehensive Plan for the Old Town District is to encourage its
renewal and expansion of the Historical core, to delineate a centralized activity center,
medium to high density uses is encouraged, to provide mix of activities necessary to
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 5 of 11
ORDER OF DECISION GRANTING A V ARlANCE / V AR-OO-008
COLE / ASSOCIATES ARCHITECTS. P.A. / GENERATIONS PARK PLAZA II
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establish a truly urban city center, but adequate parking and traffic flow is a concern.
21. The variance would allow the owner to maximize the potential site in
order to generate a fair return on investment and to offset the cost of the land and
development costs. The proposed building responds to urban design standards by
providing a mixed use development with pedestrian orientated features.
22. 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.
23. The granting of this variance will not have an effect of altering the interest
and purpose of the Subdivision or Development Ordinance and/or the City's
Comprehensive Plan for the reasons stated above.
24. The applicant paid the fee established by the City Council for application
variance.
CONCLUSIONS OF LAW
1. The City of Meridian has authority pursuant to the enactment of the Local
Land Use Planning Act of 1975 codified at Chapter 65, Title 67, and in particular, by the
provisions of Idaho Code 9 6 7 ~6516 to provide as part of its zoning ordinance for the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 6 of 11
ORDER OF DECISION GRANTING A VARIANCE / V AR-OO-008
COLE / ASSOCIATES ARCHITECTS. P.A. / GENERATIONS PARK PLAZA II
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process of applications for variance permits.
2. The City of Meridian has exercised its authority of Idaho Code S 67 .6S16
by the enactment as a part of its Zoning and Development Ordinance variances, as set
forth in Meridian City Code S 11-18.
3. That the requirements for the processing of a variance request are set forth
in Idaho Code s~ 67 ~6S09, 6S16 and Meridian City Code SS 11-IS-S and 11-17 -S.
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 S 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 7 of 11
ORDER OF DECISION GRANTING A VARIANCE / V AR-OO-008
COLE / ASSOCIATES ARCHITECTS. P.A. / GENERATIONS PARK PLAZA II
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the effect of altering the interest and purposes of the Zoning and Development Ordinance
and the Meridian Comprehensive Plan.
5. Meridian City Code, S 11-13-5 B. 5., SCHEDULE OF PARKING SPACE
REQUIREMENTS; RECREATION OR ENTERTAINMENT in the O-T zone provides
as follows:
11-13-5 B. 5. RECREATION OR ENTERTAINMENT:
TYPE OF USE
PARIGNG SPACE REQUIRED
Bowling alleys
4 for each alley or lane plus I
additional space for each 100 sq. ft. of
the area used for restaurant, cocktail
lounge or similar use
Outdoor swimming pools, public
or community or club
a) I for each 5 persons capacity
plus 1 for each 4 seats
b) 1 for each 30 sq. ft. floor
area used for seating purposes;
or
c) The greater of the above 2 options
Restaurants, nightclubs, cocktail
lounges, and taverns
1 for each 200 sq. ft. of floor area
Skating rinks (ice or roller skating)
1 for each 5 seats
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 8 of 11
ORDER OF DECISION GRANTING A V ARlANCE / V AR-OO-008
COLE / ASSOCIATES ARCHITECTS. P.A. / GENERA. TIONS PARK PLAZA II
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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 off-street parking
space requirements for Generations Park Plaza II in Old Town, but shall have a minimum
of 19 off~street parking spaces.
2. This variance is conditioned upon and subject to comments of the ACHD
as follows:
2.1 The ACHD does not have any site improvement requirements presently. If
the Site Plan is changed, then ACHD shall require the Commission's review.
Additionally, all future design plans and construction shall be in accordance
with the ACHD Policy Manual, ISPWC Standards and approved
supplements, Construction Services procedures and all applicable ACHD
Ordinances unless specifically waived in writing by the District.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 9 of 11
ORDER OF DECISION GRANTING A VARIANCE / V AR-OO-008
COLE / ASSOCIATES ARCHITECTS. P.A. / GENERA.TIONS PARK PLAZA II
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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 S 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 Schedule of Parking Space
Requirements; Recreation or Entertainment in the 0- T Zone as provided in the Section
11-13-5 B. 5. and may within twenty-eight (28) days after the date of this decision and
order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the 6 ~ day of
J~
,2000.
ROLL CALL:
COUNCILMAN RON ANDERSON
VOTED~
COUNCILMAN KEITH BIRD
VOTED~
VOTED~
VOTED ~
COUNCILPERSON TAMMY deWEERD
COUNCILPERSON CHERIE McCANDLESS
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED
DATED: 6-6 -&0
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 10 of 11
ORDER OF DECISION GRANTING A V ARlANCE / V AR-OO-008
COLE / ASSOCIATES ARCHITECTS. P.A. / GENERATIONS PARK PLAZA II
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MOTION: ~
APPROVErJ2 J
DISAPPROVED:
BY:~~~~ f}
City Clerk .
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department, and the City Attorney office. _--u)
~5:r~i D. (~
May Robert D. Corrie
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 11 of 11
ORDER OF DECISION GRANTING A V ARlANCE / V AR-OO-008
COLE / ASSOCIATES ARCHITECTS. P.A. / GENERATIONS PARK PLAZA II
~ean Mayes Insurance
PO Box 300/ 118 E Idaho Ave
Meridian Idaho 83680
(208)888-3321
FAX(208)888-3378
. RECEIVED
MAY 0 2 2000
c.ity of Meridian
CIty Clerk Office
May I, 2000
././( c Vvte 1! hOY\j
S -2-0'0
J:t-.e VV1. #= 0 sf =t-
City Council
City OF Meridian
Clerks Office
Meridian Idaho
RE: Public Hearing review and Consideration for a Reduction in the parking
Requirements for Generation Park Plaza II to be held 5-2-2000 at 7:30 PM
Since I am a Land owner of an Adjacent Property to the Project above, I do have some
great concerns with any allowance of this Variance, and I am unable to attend, I ask to
accept my written comments.
With the Addition of this Building and the Second Building in this Project at East First
and Idaho and East First and Pine. With the addition of Restaurants and offices, which
will Generate More Parking Requirements for the Old Town Area.
The Area now is basically OlJT of Parking For Employees as well as Customers that
Would Frequent these New Businesses along with the Restaurants. .
Some way there needs to be an additional amount of Parking for these Project, it does
look as if they are to add 12 more space in the second Project at East First and Pine,
but 12 More spaces WILL NOT allow as much parking is needed for these project,
either one of them.
Therefore I ask that you decline the Variance and make the developers find some
additional Parking the Same Area that will be available for all employee and occupants
as well as customers for this Project
EXHIBIT "A"
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NORTID-.T PROPERTY l\1AXAG.NT. INC. C-/f-- 1,-I&-ffiJ
C Ie rn.;g,.
RECBVED
MAY 1 6 2000
aTY Of MfIIlIa\N
~o-
May 16, 2000
City ofMeridlan
City Council
33 E. Idaho Avenue
Meridian, ID 83642
RE: Application for reduction of parking requirements for Generations
Park Plaza 11 V AR 00-008.
Dear City Council Members:
My firm is the property manager for a building located on the corner of 2nd
Street and East Pine Street in Meridian. My clients. Lloyd and Betty Gerber have
requested that I address the application filed for a reduction of parking
requirements for Park Plaza, located on 1st Street and East Pine Street. The
property I manage for the Gerbers is a mixed-use building with two commercial
tenants and four apartments. While there is off street parking provided for the
tenants at this property, patrons and guests often times have to seek street parking.
During Donnal business hours, there is a dearth of available street parking as the
neighboring business and residences absorb the parking spaces. If Generations
Park Plaza II receives approval for their application, the current shortage of
parking will be acerbated. OUf proposed solution to this problem is to post one
or two-hour parking limits on the street. If this control were implemented, my
client would have no objection to thc Application.
Very truly yours,
,...
~o,
Susan B. Wishney
601 West fhys Street, Suite 11 Post Office Box 'on, Boise Idaho 83707-1031 (208) 336+0361 (208) 334-2442 f2l;simile
EXHIBIT "A"
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