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HomeMy WebLinkAboutPark-and-Ride Lot VAR-01-006BEFORE THE MERIDIAN CITY COUNCIL C/C 6-19-01 IN THE MATTER OF THE ) APPLICATION OF W. H. MOORE ) COMPANY, FOR A VARIANCE ) OF THE STREET LENGTH ) ENDING IN A CUL-DE-SAC ) FROM THE MAXIMUM LENGTH ) OF 450 FEET TO AN ) INCREASED LENGTH OF 495 ) FEET FOR A PROPOSED PARK- ) AND-RIDE LOT, LOCATED AT ) THE NORTHEAST CORNER OF ) OVERLAND ROAD AND ) MERIDIAN ROAD, MERIDIAN, ) IDAHO ) VAR-01-006 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 June 5, 2001 and continued until June 19, 2001, and Shaft Stiles, Planning and Zoning Administrator, appeared and testified, and appearing on behalf of the Applicant was Jonathan Seel with W. H. Moore, and no one appeared in opposition, and the City Council having received the transmittal to agencies and having received the variance application, having heard the testimony presented, being fully advised in the premises does hereby make the following Findings of Fact and Conclusions of Law and Order of Decision, as follows to-wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / VAR-01-006 W. H. MOORE COMPANY / PARK-AND-RIDE LOT Page 1 of 9 FINDINGS OF FACT i. The City Council takes judicial notice of its Zoning, Subdivisions and Development Ordinances codified at Title 11 Municipal Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21, 1993 Ordinance #629 - January 4, 1994 and Maps. 2. The requirements of Idaho Code §§ 67-6509, 6516 and Meridian City Code §§ 11-15-5 and 12-11-3 as evidenced in the record of this matter. 3. The Applicant is W. H. Moore Company, whose address is P.O. Box 8204, Boise, Idaho 83702. 4. The owners of the property are Ada County Highway District, a body politic and corporate of the State of Idaho, whose address is 318 East 37~h Street, Garden City, Idaho 83714 and Pinnacle Fitness, LLC, an Idaho limited liability company, whose address is P.O. Box 16650, Boise, Idaho 83715. 5. The location of the subject property is presently located in a General Retail and Service Commercial District (C-G), and which subject property is located at the Northeast comer of Overland Road and Meridian Road. 6. The legal description of the property appertains to the real property that is induded 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, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / VAR-01-006 W. H. MOORE COMPANY / PARK-AND-RIDE LOT Page 2 of 9 and which is on file with the Meridian City Clerk's office. 7. The present land use of subject property is presently zoned as General Retail and Service Commercial District (C-G), and which subject property is presently used as pasture. 8. The proposed land use of subject property is to develop the subject property in the following manner: A Park-and-Kide Lot. 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 seels a variance of the following provision of the Meridian City Code, §12-4-2.F., STREETS, Cul-De-Sacs, and in the C-G zone if granted the re- zone, which provides as follows: 12-4-2.F. STREETS: Cul-De-Sacs: No street which ends in a cul-de-sac or a dead-end shall be longer than four hundred fifty feet (450'). 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 characteristics of the subject property which prevent compliance with the requirements of the ordinance are that the proposed roadway length is 493.6 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 3 of 9 ORDER OF DECISION GRANTING A VARIANCE / VAR-01-006 W. H. MOORE COMPANY / PARK-AND-RIDE LOT feet and ends with a dead-end street and at a proposed commercial development. Another roadway connects to that roadway and ends in a cul-de-sac this roadway length is 295 feet in length. The property in question is bordered by 1-84, north side, SH69 and Ten Mile Drain, west side, and private property on the south and east. Due to the location and surrounding facilities and properties, the roadway cannot be com~ected to any other roadway or shortened. 13. The minimum requirements of the ordinance that need to be reduced to permit the proposed use would be the elimination of the requirement for the 450 foot street length in the cul-de-sac and for the allowance of the 495 foot street length in the cul-de-sac. 14. The difficulty or hardship which would result if the requirements of the ordinance were applied to the subject property is that the property is situated in the back portion of the property which has a narrow lane for access. The property could not have an Ada County Highway District approved access roadway if the ordinance is strictly enforced, and this prevents the development of the property. 15. The unusual or peculiar circumstances which indicate that regulations of the ordinance should not be strictly complied with, and the special conditions and circumstances that exist, are as stated above in numbers 12, 13 and 14, and due to the location, surrounding facilities and properties, the roadway cannot be connected to any FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / VAR-01-006 W. H. MOORE COMPANY / PARK-AND-RIDE LOT Page 4 of 9 other roadway or shortened. The proposed roadway length is only 44 feet longer than the ordinance allows and it shall have a paved parking lot for turning around at the end. 16. A literal interpretation of the provisions of the ordinance would deprive the Applicant rights because if the variance is not approved, the property could not be developed or used for the park-and-ride lot. The site could not be utilized until the entire north and/or east properties are developed, and this is assuming that those properties would allow connection of streets to the proposed roadway, or were even developed to allow connection. 17. The existence of special circumstances or conditions affecting the property is that the property has been in this configuration for many years. The access to the property is by way of a 50 foot access roadway from Overland Road. The north and west of the property are cut off by 1-84 and SH69. The property was selected for a park-and-ride lot due to its location. The only access to the property is and has been accessed only by the 50 foot access lane. 18. Granting the variance would maintain rights which would be afforded to others in the same situation. 19. The Comprehensive Plan for the C-G District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / VAR-01-006 W. H. MOORE COMPANY / PARK-AND-RIDE LOT Page 5 of 9 service oriented and are located in dose proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal water and sewer systems of the City, and shall not constitute strip commercial development and encourage clustering of commercial development. 20. The variance would convenience the applicant by allowing the proposed roadway that would provide access to a public park-and-ride lot. The granting of the variance would allow the property to be accessed and the public to use the parking lot for mass or public transportation. The request is not for any profit, but to reduce congestion on the surrounding highways and additionally to help to reduce pollution caused by automobile emissions. 21. 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. 22. The granting of this variance will not have an effect of altering the interest and purpose of the Subdivision or Development Ordinance and/or the City's Comprehensive Plan for the reasons stated above. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / VAR-01-006 W. H. MOORE COMPANY / PARK-AND-R/DE LOT Page 6 of 9 23. The applicant paid the fee established by the City Council for application variance. 24. Additionally, the Applicant shall comply with all the Planning and Zoning staff comments in their letter dated June I, 2001, and the Ada County Highway District's letter dated April 18, 2001. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 7 of 9 ORDER OF DECISION GRANTING A VARIANCE / VAR-01-006 W. H. MOORE COMPANY / PARK-AND-RIDE LOT Development Ordinance would dearly be impracticable and unreasonable, and a finding that strict compliance with the requirements of the Zoning and Development Ordinance would result in extraordinary hardship to the owner, subdivider or developer because unusual topography, the nature or condition of adjacent development, or other physical conditions or other conditions that make strict compliance with the ordinance unreasonable under the circumstances, or that the conditions and requirements of said ordinance will result in inhibiting the achievements or the objectives of the ordinance, and that the granting of a specified variance will not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated, and that such variance will not have the effect of altering the interest and purposes of the Zoning and Development Ordinance and the Meridian Comprehensive Plan. 5. Meridian City Code, § 12-4-2.F., STREETS, Cul-De-Sacs, and in the C-G zone if granted the re-zone, provides as follows: 12-4-2.F. STREETS: Cul-De-Sacs: No street which ends in a cul-de-sac or a dead-end shall be longer than four hundred 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: 1. That the Applicant is hereby granted a variance from the Streets, CUl-De- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / VAR-01-006 W. H. MOORE COMPANY / PARK-AND-RIDE LOT Page 8 of 9 Sac requirements for the Park-and Ride lot in the C-G zone. Additionally, the Applicant shall comply with all the Planning and Zoning staff comments in their letter dated June 1, 2001, and the Ada County Highway District's letter dated April 18, 2001. 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, Cul-De-Sac requirements in the C-GZone as provided in the Section 12-4-2.F. 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 of ,2001. ROLL CALL: COUNCILMAN RON ANDERSON VOTED COUNCILMAN I<.EITH BIRD VOTED COUNCILPERSON TAMMY deWEERD VOTED COUNCILPERSON CHERIE McCANDLESS VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / VAR-01-006 W. H. MOORE COMPANY / PARK-AND-RIDE LOT ~--~ day Page 9 of 9 MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: '7--?--d)t/ MOTION: APPROVEDk~,~- DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and the City Attomey office. By'~~~~ ~ Dated: 7"--a~--t~)/ [ City Clerk ' g \\NPA_NTS40_PDC\SERVER_Z\WorkWiLMcridianWierldian 15360M\Park and Ride~FfClsCrmntVariance01-00~5~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / VAR-01-006 W. H. MOORE COMPANY / PARK-AND-RDE LOT Page 10 of 9