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HomeMy WebLinkAboutBaltic Place VAR 03-002 RECEIVED MAR 0 5 2003 BEFORE THE MERIDIAN CITY COUNCIL City Of:Meridian City Clerk Office C/C 02-18-02 IN THE MATTER OF THE APPLICATION OF PINNACLE ENGINEERS, INC., FOR A VARIANCE FOR TIME EXTENSION OF ONE YEAR TIME FRAME FOR SUBMITTING THE FINAL PLAT FOR BALTIC PLACE SUBDIVISION, LOCATED 1095 E. FRANKLIN ROAD GENERALLY SOUTH OF EAST FRANKLIN ROAD, WEST OF SOUTH LOCUST GROVE ROAD, MERIDIAN, IDAHO V AR-03-002 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 18, 2003, and Brad Hawkins-Clark Interim Director for the Planning and Zoning Department, and Clint Boyle, 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 ofthe City of Meridian and all current zoning maps thereof and the amended Comprehensive Plan of the City of Meridian adopted August 6, 2003, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-03-002 BALTIC PLACE SUBDIVISION / PINNACLE ENGINEERS, INC. Page 1 of 8 Resolution No. 02-382 and Maps. 2. The requirements ofIdaho Code §§ 67-6509, 6516 and Meridian City Code §§ 11-15- 5 and 12-11-3 as evidenced in the record ofthis matter. 3. The Applicant is Pinnacle Engineers, Inc., whose address is 12552 West Executive Drive, Ste. B, Boise, Idaho 83713. 4. The owner of the property is LC. Development, Inc. - Lee Centers, whose address is P.O. Box 518, Meridian, Idaho 83642. 5. The location of the subject property is presently located in a CoG and R-40 (General Retail and Service Commercial District and High Density Residential District), and which subject property is located at 1095 E. Franklin Road generally south ofE. Franklin Road, west ofS. Locust Grove Road, Meridian, Idaho. 6. The legal description of the property appertains to the real property that is included within the Vicinity Map, and is on record in the Meridian City Clerk's office, 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 ofsubject property is presently zoned as CoG andR-40 (General Retail and Service Commercial District and High Density Residential District), and which subject property is presently vacant land with development for office and multi-family development for a subdivision to be known as Baltic Place Subdivision. 8. The proposed land use of subject property is to develop the subject property with office and multi-family development, and which subdivision has been developed and is now known FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-03-002 BALTIC PLACE SUBDIVISION / PINNACLE ENGINEERS, INC. Page 2 of8 as Baltic Place Subdivision. 9. That a vicinity map, which is on record with the Meridian City Clerk's office, with the proposed scale approved by the City Council shows property lines, existing streets, proposed district and such other items as required which has been furnished. 9. The Applicant seeks a variance of the following provision of the Meridian City Code, §12-3-6C, APPROVAL PERIOD, and in the C-G andR-40 zone if granted there-zone, which provides as follows: A. 12-3-6 APPROVAL PERIOD: Failure To Submit Final Plan: Council approval of the preliminary development plan shall become null and void ifthe applicant fails to submit the final development plan within one year of Council approval of the preliminary development plan. B. Authorize Extension: Upon written request to the Council and filed by the applicant prior to the termination of the said one year period as stated in subsection A of this Section, the Council may authorize a single extension of the approval of the preliminary development plan for a period not to exceed one year from the end of the said one year period. C. Consideration For Final Approval: In the event that the development of the preliminary plat is made in successive contiguous segments in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of one year, may be considered for final approval without resubmission for preliminary plat approval. 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. The special circumstances or conditions affecting the property which the strict application of the provisions ofthis Title would clearly be impracticable or unreasonable are that the Ada Page 3 of8 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-03-002 BALTIC PLACE SUBDMSION / PINNACLE ENGINEERS, INC. County Highway District still needs to begin and complete construction on Franklin Road adjacent to the proposed development, as ACHD plans to widen Franklin Road and a final development plan cannot be drawn up because ACHD's construction project would be very disruptive to the development and marketing ofthe project. The site's access to Franklin would be limited during the road widening project, but per staffs findings, it does not find that the reasons cited above make the required submission impracticable and umeasonable. 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 are that strict compliance with the requirements ofthis Title are not due to unusual topography, or other physical conditions of the site. The Franklin Road widening project adjacent to Baltic Place may hinder the development ofthe project in the near future. Additionally, some discrepancies when the development agreement and annexation actually were adopted are in question. 14. 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 because it is found that the requested variance will not necessarily be detrimental or injurious to the public's welfare or to the other properties in the area as long as current ordinances are met at the time of building permit for all lots within the subdivision. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-03-002 BALTIC PLACE SUBDIVISION / PINNACLE ENGINEERS, INC. Page 4 of 8 15. That such variance will not have the effect of altering the interest and purpose of this Title and the Meridian Comprehensive Plan because the issuance of a variance for this project will not violate the intent and purpose of the Meridian City Code and the Comprehensive Plan if only a one year time extension is approved. 16. Granting the variance would maintain rights which would be afforded to others in the same situation. 17. 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 of1975 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 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-03-002 BALTIC PLACE SUBDIVISION / PINNACLE ENGINEERS, INC. Page 5 of8 and umeasonable, 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 obj ectives 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, § 12-3-6C, APPROVAL PERIOD, and in the CoG and R-40 zone if granted the re-zone, provides as follows: 12-3-6 APPROVAL PERIOD: A. Failure To Submit Final Plan: Council approval of the preliminary development plan shall become null and void if the applicant fails to submit the final development plan within one year of Council approval ofthe preliminary development plan. B. Authorize Extension: Upon written request to the Council and filed by the applicant prior to the termination of the said one year period as stated in subsection A of this Section, the Council may authorize a single extension of the approval of the preliminary development plan for a period not to exceed one year from the end ofthe said one year period. C. Consideration For Final Approval: In the event that the development of the preliminary plat is made in successive contiguous segments in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of one year, may be considered for final approval without resubmission for preliminary plat approval. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-03-002 BALTIC PLACE SUBDIVISION / PINNACLE ENGINEERS, INC. Page 6 of8 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 for time extension of a one year time frame until October 2,2003, for submittal of the final plat for Baltic Place Subdivision in the CoG and R-40 zone. NOTICE OF FINAL ACTION Please take notice that this is a fmal 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 ofthe APPROVAL PERIOD requirements in the CoG and R-40 Zones as provided in the Section 12-3-6C 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. A/-Io.. By action ofthe City Council at its regular meeting held on the ~ day of /lLtú&/v ,2003. ROLL CALL: COUNCILMAN KEITH BIRD VOTED~ COUNCILWOMAN TAMMY deWEERD VOTED~ COUNCIL WOMAN CHERIE McCANDLESS VOTED~ COUNCILMAN WILLIAM L.M. NARY VOTED~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-03-002 BALTIC PLACE SUBDIVISION / PINNACLE ENGINEERS, INC. Page 7 of8 MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: - VOTED - MOTION: APPROVED:~ - DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and the City Attorney office. - ByJ~P~ r¡ City Clerk Dated: .J - ,f -tl3 Z:\WorklMlMeridianlMeridian I 5360M\Baitic Place Sub V AR 03002 Time EJdenson Fiie Plat\FfClsGrantVariance.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-03-002 BALTIC PLACE SUBDIVISION / PINNACLE ENGINEERS, INC. Page 8 of 8