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HomeMy WebLinkAboutJoint School Distr VAR 02-015 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF JOINT SCHOOL DISTRICT NO.2 FOR A VARIANCE TO EXTEND FUTURE ACCESS STREETS BEYOND THE 450 FOOT CUL-DE-SAC LENGTH TO APPROXIMA TEL Y 755 FEET, LOCATED AT 2170 WEST FRANKLIN ROAD, MERIDIAN, IDAHO C/C 02/11/03 ) ) ) ) ) ) ) ) ) ) ) CASE NO. V AR-02-015 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE The above entitled matter coming on regularly for public hearing before the City Council on February 11, 2003, and Brad Hawkins-Clark Interim Director for the Planning and Zoning Department, Michael Thomas and Elaine Martin, appeared and testified, and the City Council having received the transmittal to agencies and having received the variance application, having heard the testimony presented, being fully advised in the premises does hereby make the following Findings of Fact and Conclusions of Law and Order of Decision, as follows to-wit: FINDINGS OF FACT 1. The City Council takes judicial notice of its Zoning, Subdivisions and Development Ordinances codified at Title 11 Municipal Code of the City of Meridian and all current zoning maps thereof and the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382 and Maps. Page 1 of 9 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A V ARlANCE / V AR-02-015 JOINT SCHOOL DISTRICT NO. 2/ BUS FACILITY 2. The requirements ofIdahoCode ~~ 67-6509, 6516 and Meridian City Code ~~ 11-15- 5 and 12-11-3 as evidenced in the record of this matter. 3. The Applicant is Joint School District No.2, whose address is 911 Meridian Street, Meridian, Idaho 83642. 4. The owner of the property is Ronald VanAuker, whose address is3084 E. Lanark, Meridian, Idaho 83642. 5. The location ofthe subject property is presently located at 2170 West Franklin Road, Meridian, Idaho within a present I-L zone. 6. The legal description of the property appertains to the real property that is included within the Vicinity Map, and which legal description and Vicinity Map appear in the record of proceeds ofthis matter, and which are on file with the Meridian City Clerk's office. 7. The present land use of subject property is presently zoned as I-L (Light Industrial), and which subject property is presently undeveloped/agriculture land. 8. The proposed land use of subject property is to develop the subject property in the following manner: bus facility. 9. That a Vicinity Map, which is on file with the Meridian City Clerk's office, of the proposed scale approved by the City Council showing property lines, existing streets, proposed district and such other items as required have been furnished. 10. The Applicant seeks a variance ofthe following provision of the Meridian City Code, ~ 12-4-2F, CUL-DE-SACS, and in the I-L zone, which provides as follows: 12-4-2F CUL-DE-SACS: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A V ARlANCE 1 V AR-02-015 JOINT SCHOOL DISTRICT NO. 21 BUS FACILITY Page 2 of 9 No street which ends in a cul-de-sac or a dead end shall be longer than four hundred and fifty feet (450'). 11. All property owners within three hundred feet (300') ofthe 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 strict compliance with MCC would prohibit public street access to the proposed bus facility. It is found that strict compliance of the MCC would unreasonably restrict access to the rear portion of the property that is intended for future use as a school bus facility. 13. The difficulty or hardship which would result if the requirements of the ordinance were applied to the subject property is if construction is prohibited for the proposed access roads it would restrict the applicant from providing access to the proposed bus facility or the property to the north side ofthe Eightmile Lateral (Marcon). The property is bordered on the north by the railroad track and a subdivision and on the west by the proposed bus facility. Therefore, the future extension of the proposed access roads to the north or west would not be a possibility, and the property to the east already has access to Linder Road via a recently approved private street, thereby eliminating the need to connect the road to the east. The proposed bus facility has a sliding gate at the end of each cul-de-sac roadway with an internal driveway that connects the two roadways, creating a road system that functions as a looped roadway rather than two dead-end streets that are not interconnected. The adjacent developments do not provide public road connections to the portion of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE 1 V AR-02-015 JOINT SCHOOL DISTRICT NO.2 / BUS FACILITY Page 3 of 9 property set aside for the future bus facility. It is found that limiting the access roads to the proposed bus facility to no longer than 450' is a hardship for the applicant based on the depth ofthe lot and the conditions ofthe adjacent developments. 14. It is found that the requested variance for the cul-de-sac length will not be detrimental or injurious to the public's welfare or to the other properties in the area. The variance may actually be of benefit to the other properties in the area by providing access to a public road when one is currently not available. 15. There should be no provisions of the Idaho Code that would be violated by the issuance ofthe requested variance. 16. Issuance of this variance for the project would not violate the interest and purpose of the Meridian City Code because the proposed street and site design will work in tandem to provide a "looping" road system that will help to provide adequate ingress and egress to the property in the case of a fire or an emergency (that cannot be provided by a single cul-de-sac in excess of 450'). 17. The variance would not constitute any special privilege for the property owner that could not be sought by owners of other land in the same situation, and the request does not conflict with any provisions of the Comprehensive Plan. 18. 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 ofthe Subdivision Ordinance will prevent the conditions which are the source ofthe complaints raised in the public hearing of this matter. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A V ARlANCE 1 V AR-02-015 JOINT SCHOOL DISTRICT NO. 21 BUS FACILITY Page 4 of 9 19. The granting of this variance will not have an effect of altering the interest and purpose ofthe Subdivision or Development Ordinance and/or the City's Comprehensive Plan for the reasons stated above. 20. The applicant paid the fee established by the City Council for application vanance. 21. The applicant shall be required to comply with the conditions and requirements of the Ada County Highway District listed in their letter dated January 27, 2003, wherein the applicant shall be required to comply with the conditions and requirements of the corresponding application in this matter, Case CUP-02-046, for the bus facility for Joint School District No.2. Additionally, the applicant shall also be required to comply with the Meridian Fire Department's comments listed in their letter dated February 4, 2003. CONCLUSIONS OF LAW 1. The City of Meridian has authority pursuantto the enactment ofthe Local Land Use Planning Act of 1975 codified at Chapter 65, Title 67, and in particular, by the provisions ofIdaho 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 ofIdaho 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 ofa variance request are set forth in Idaho Code ~ 67-6509, 6516 and Meridian City Code ~~ 11-15-5 and 11-17-5. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A V ARlANCE 1 V AR-02-015 JOINT SCHOOL DISTRICT NO. 21 BUS FACILITY Page 5 of 9 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 ofthe 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 adj acent 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, ~ 12-4-2F, CUL-DE-SACS, and in the I-L zone, provides as follows: 12-4-2F CUL-DE-SACS: No street which ends in a cul-de-sac or a dead end shall be longer than four hundred and fifty feet (450'). 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A V ARlANCE 1 V AR-02-015 JOINT SCHOOL DISTRICT NO. 21 BUS FACILITY Page 6 of 9 That the Applicant is hereby granted a variance from the 450' cul-de-sac length requirement for cul-de-sac lengths to allow the lengths to be approximately 755' for the bus facility for Joint School District No.2. The two new cul-de-sacs would provide access to the School District's proposed bus maintenance and storage facility just north of Franklin and approximately Y. of a mile west of Linder Road in the I-L zone. Additionally, the applicant shall be required to comply with the conditions and requirements of the Ada County Highway District listed in their letter date January 27,2003, wherein the applicant shall be required to comply with the conditions and requirements of the corresponding application in this matter, Case CUP-02-046 for the bus facility for Joint School District No.2. Additionally, the applicant shall also be required to comply with the Meridian Fire Department's comments listed in their letter dated February 4, 2003. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body ofthe City of Meridian. Pursuant to Idaho Code Section 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 Cul-de-sac Requirements in the I-L Zone as provided in the Section 12-4-2F 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 2 ~ day of r-e-617<..1fVL-!J ,2003. ROLL CALL: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A V ARlANCE 1 V AR-02-015 JOINT SCHOOL DISTRICT NO. 21 BUS FACILITY Page 7 of 9 COUNCILMAN KEITH BIRD VOTED ~ VOTED$,c.. COUNCILWOMAN TAMMY deWEERD COUNCIL WOMAN CHERIE McCANDLESS VOTED~ COUNCILMAN WM. 1. M. NARY VOTED~VL MAYORROBERTD. CORRIE (TIE BREAKER) DATED: 2-2~-o3 VOTED MOTION: APPROVED:~ ~ - DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and the City Attorney office. Byd!R~P~,~. ity Clerk ' Dated: Z:\Work\M\Meridian\Meridian 15360M\Joint School District No.2 V AR 02 ..Q15\FfClsGrantVariance.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A V ARlANCE 1 V AR-02-015 JOINT SCHOOL DISTRICT NO.2 / BUS FACILITY Page 8 of 9