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HomeMy WebLinkAboutFindings BEFOI~,E '1'~E ~L~I~V°sfIJV'~ ~I..N'D ,~OJ~fIJV'~ CO`I~IMI~~IOJY' IJ~(° ~E `I"ti~l.'~'~EI{, O~ `f~-~E ) Case aV'o. CUB-®®-153 I{E~L9E~'~ FOIE ) COdV''I)I'flOd~f~iI, USE ) ~ECO`Iv[`I~F~1'`b~i.~IOJV° `~O ~E$`N[I'~ ~OI~, ~f. 3-~'~OI{~ ) CI'~~ COU~(°CIL O~ sz Ii,oO~rt f i0'>~EL IN L-o ) v~rrl~IL _ , .. ~©av°E ) B ~IeN`D ~I. 'I)EV'ELO~fi~iF,d~, ) s, z ~ ~ .:, ~:, < ~ :~ , ,"~ S ~~~ . ~~ rto- . , ~{.ppiicant C ~'~ ~' ~;' ~ m 1. 'the property is looted at the northeast corner o~ `Magic View `brie and Allen street, `Meridian, Idaho. 2. `the owner o~ record o~ the subject property is `Magie View partners o~ Boise. 3. ~Ipplicant fs B and ~L `bevelopment o~ Boise. ~. The subJeet property is currently zoned L-O. `i~he zoning district o~ L-O fs de~iraed within the City of `Meridian honing and 'bec~elopment Ordinance, section 77-z-2. 5. 'the proposed applieatfon requests a conditional use permit for ~ 3 story, 8z- room hotel. °I~he L-O zoning designation vvithfn the Cfty o~ `N[eridL~n Toning end `De~etiopment Ordinance requires a conditional use permit be obtained for most uses including those requested by the ~.pplicant. (`MeridL9n City boning and 'be~elopment Ordinance, section 7Y-8 7). 6. 'the `Meridian Manning and honing Commission recognizes that the proposed applfcatfon is in compliance wlth the `Meridian Comprehensive flan. I{,ECO~i`ME<N'Da~.'~IO~P '>'O CI'>~ COUJ~('CII, - 2 COaV°'DI`fIOaY'~I.I, USE ~EI{~II`i' - 3 ~'~01{~, 8z I~OO~I J-f0'~EL I~f ~N L-O ~O~V°E - ~f. ~{dY''D B 'bEV'ELO~`NIF~ 7. ate use proposed within the subject apptiic anon wig in fact, constitute ~ conditionati use as determined by City ~'otiicy. ~~eo~~F,av°v~~IOav° 7. `I~te `i~[eridian ~I.annfng and Toning Commission hereby recommends to the City Council og the City o~ `I~erfdian that they deny the conditfonati use permit as requested by the applicant, based on the ~ol~owing: 'ate `De~etiopmer~t ~4greement between the owner o~ the property and the City o£ `I~Lerfdfan was written Less than a year ago. In that 'Development ~igreement, the owner o~ the property represented that it would have o et bunt on this property, but ft was not a hotel. 'I~~e property owner made a commitment, and it would be inappropriate to grant the conditional use permit when a hotel was clearly not what the property owner committed to. Further, there has been absolutely no attempt made to comply with the 'Development ~I.greement. 't'hese was no evidence presented as to why a hotel on this property would be a more compatible use than an office build'mg. 'I`~ae Manning and honing Commission ~`mds that the hotel fs not a better use, but merely a different use. Ffnally, as defined in `I~teridfan City Code, X11-1Z-3C and `D, this is not a `harmonious" use o~ the property. ey/Z\Worlc\M\`MeddL9n\`Merldi9n 15360`M.\Re~ommendation~Ct7`P05~{meri~e6deni~lwpd i~~eo~~~.rrv~~IO~ ~o eI~ eov~ell, - 3 eoa~vlfiloa~~.I, v~~ ~~1~`MI'~ - 3 ~~oi{~, sz I~oo~t ~-tc~v I~° ~v° L-o ~o~~ - ~. ~ta~rv ~ v~v~I,o~rt~ ~~eor~~~rrv~.~oa~ ~o ei~ eov~reiv - ~ eo~-vi~toav-~, v~~ ~~R~I~ - 3 ~~oR~, ~z ~.oo~rt ~o~z. ~ ~av' v-o zo~r~ - ~. ~av'v ~ v~v~vo~rt • March 1, 2001 VAR 00-019 MERIDIAN CITY COUNCIL MEETING March 6, 2001 APPLICANT B 8~ A Development ITEM NO. 16 REQUEST VAR to exceed max 35 foot building height and reduce setback to 20 feet along the one story building for proposed Ameritel Inn -- Eagle Road and I-84 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: Thls will be okay with MFD CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY See aFFached ~ f CENTRAL DISTRICT HEALTH: ~,(, ~ ah'G NAMPA MERIDIAN IRRIGATION: ~ 1 " ~ ~~ SETTLERS IRRIGATION: ~ ,,,~,,/ IDAHO POWER: ~ ~Y~"~ US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: See attached from Ameritel Inns, Inc ~ i~a,~.t /-Q r,..~d~ co,~.~iy~,~~..-cea Contacted:. ~~Ur Date: 3 ,S10/ Phone: ~~~'~"~~ Mah'rials presented at pubNc meetings shall become properly of the City of Meridian. • • March 16, 2001 VAR 00-019 MERIDIAN CITY COUNCIL MEETING March 20, 2001 APPLICANT B & A Development ITEM NO. 10 REQUEST Continued 3/6/01 -Variance to exceed the maximum building height of 35 feet dnd reduce the 30-foot setback to 20 feet along the one-story section of the proposed Ameritel Inn building -Eagle Road north of I-84 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: COMMENTS See previous Item Pac~Cet ~~'" w Gc'/~" p ., BUREAU OF RECLAMATIO~N1~ ^` _E I 1 OTHER: See G~.l` GIC~ P.C~ ~~TP~ ~Y~JYV`--' LGthG1 ~~~1'1Gf,'Wl: I LS Contacted: I~-~~YG Y~ SYY~ ~ ~ l1, Date: ~ ~ p ~ Phone: j'~t ~ - ~,'~'Z'~ Materials presented at public meetings shall become property of the City of Meridian. March 30, 2001 VAR 00-019 MERIDIAN CITY COUNCIL MEETING April 3, 2001 APPLICANT B 8~ A Development ITEM NO. 3 -C REQUEST Findings -Variance to exceed maximum building height of 35 feet and reduce the 30-foot setback requirement to 20 feet along the 63 feet of the one-story section of the building for proposed Ameritel Inn -- Eagle Road north of I-84 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: (/t/ US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: ~~~ ~~~~ Date: Phone: ?~~GJ- a~~~ Materials presented at public meetings shall become property of the City of Meridian. a 4.+~. ~ ~ City of Meridian, interoffice City Clerk Offiao MEMORANDUM To: William G. Berg, Jr. From: Wm. F. Nichol Subject: B and A Development / Ameritel (VAR-00-019) Date: March 23, 2001 Will: Pertaining to the above file, please find attached the original FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION DENYING VARIANCE request for Band A Development/Ameritel for the property located at Eagle Road north of I-84, Meridian, Idaho. This matter is to be heard at the Council meeting on April 3, 2001. If you have any questions please advise. Z:\Work\MWleridianWieridian 15360M\AmeritelCUP053 VAR019\BergVAR019.doc i ~ F~~ E coP Y BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF B AND A DEVELOPMENT / AMERITEL, REQUEST FOR VARIANCE TO EXCEED THE MAXIMUM BUILDING HEIGHT OF 35 FEET AND REDUCE THE 30 FOOT SETBACK REQUIREMENT TO 20 FEET ALONG 63 FEET OF THE ONE STORY SECTION OF THE BUILDING, LOCATED AT EAGLE ROAD NORTH OF I-84, MERIDIAN, IDAHO CASE NO. VAR-00-019 C/C 03-20-O1 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION DENYING VARIANCE The above entitled matter coming on regularly for public hearing before the City Council on March 20, 2001, and Shari Stiles, Planning and Zoning Administrator, appeared and testified at the hearing, and appearing and testifying on behalf of the applicant were: Byron Smith, Kris Forte, and Jonathan Seel, and appearing and testifying in favor of the application were: Dave Pearcey, Bette Pearcey, Randy Winn and Donn Reiswig, and appearing and testifying with comments,/concerns or in opposition were: Rick Seger, Gary Childe, Michael Lloyd, and Charles Horel, and the City Council having received the transmittal to agencies FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 1 of 7 ORDER OF DECISION DENYING VARIANCE / B AND ADEVELOPMENT / AMERITEL (VAR-00-019) • • 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: STATEMENT OF LEGAL AUTHORITY AND JURISDICTION: CONCLUSIONS OF LAW udicial Notice: The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. The City of Meridian has authority pursuant to the enactment of the "Local Land Use Planning Act" codified at Chapter 65, Title 67, Idaho Code and in particular in § 67-6516 to provide as part of its zoning ordinance for the process of applications for variance permits. 2. The City of Meridian has duly 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 2 of 7 ORDER OF DECISION DENYING VARIANCE / B AND ADEVELOPMENT / AMERITEL (VAR-00-019) • 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, § 11-9-1, ZONING SCHEDULE OF BULK AND COVERAGE CONTROLS, MIINIMUM YARD SETBACK REQUIREMENTS, a copy of which is attached hereto as Exhibit "A", consisting of two pages, and incorporated herein as if set forth in full hereat, for the L-O zone. STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY AND JURISDICTION FINDINGS OF FACT 1. The applicant, B and A Development, of 10200 West Emerald, Boise, Idaho 83704, is the owner of the property located at Eagle Road north of I-84, filed for a variance of the maximum building height and to reduce the 30 foot setback requirements at Meridian City Code § 11-9-1. 2. Applicant, B and A Development, seeks a variance of the maximum building height FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 3 of 7 ORDER OF DECISION DENYING VARIANCE / B AND ADEVELOPMENT / AMERITEL (VAR-00-019) • • and to reduce the 30 foot setback requirements because applicant seeks to exceed the maximum building height of 35 feet and to reduce the 30 foot setback requirement to 20 feet along 63 feet of the one story section of the building at the property located at Eagle Road north of I-84. 3. The location of the subject property is located as stated in number 2 directly above, and is located in a Limited Office District (L-O) at Eagle Road north of I-84, Meridian, Idaho. 4. 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 on file and record with the Meridian City Clerk's office. 5. Pursuant to action of the City Council at their March 20, 2001, meeting, that the request for variance should be denied. 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. Pursuant to § 11-9-1 of the Meridian City Code, the Applicant is hereby denied the request to exceed the maximum building height of 35 feet and for the reduction of a 30 foot setback variance, due to the location of the nearby residential subdivision and due to the fact the conditional use permit application, Case No. CUP- 00-053 in this project, was denied, and as per the decision of the City Council at their March 20, 2001, meeting, for the real property located at Eagle Road north of I-84, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 4 of 7 ORDER OF DECISION DENYING VARIANCE / B AND ADEVELOPMENT / AMERITEL (VAR-00-019) Meridian, Idaho. 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 maximum building height and for a setback reduction variance of 11-9-1, 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 ~ ~ day of , 2001. ROLL CALL: COUNCILMAN RON ANDERSON VOTED COUNCILMAN KEITH BIRD VOTED COUNCILWOMAN TAMMY deWEERD VOTED COUNCILWOMAN CHERIE McCANDLESS VOTED__~~~~ MAYOR ROBE T D. CORRIE (TIE BREAKER) VOTED DATED: - ' O FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 5 of 7 ORDER OF DECISION DENYING VARIANCE / B AND ADEVELOPMENT / AMERITEL (VAR-00-019) • MOTION: APPROVE DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and the City Attorney office. `~~~~~s~ c~c~':t~tt rxfrr~rl~ Mtn,, ~ OF ~`i~, `'~.;~ ,. /} ~ T~ J By. /~ ~~ Dated: ~~~~~1 =4 ~~~I~ City Clerk ~ ~`~i,'r ~~3 r~ , ~ ~ ~\~~: \\NPA NTS40 PDC\SERVER Z\Work\M\MeridianWleridian 15360M\tUneritelCUP053 VAR019~fClsDenyVariance.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 6 of 7 ORDER OF DECISION DENYING VARIANCE / B AND ADEVELOPMENT / AMERITEL (VAR-00-019) i- TTr VJ r C~ C f_ ~ ~ « C L O O « « qd Q ~m~i °rn a°oc`~o~°n ~°n ~°r~ZZ Z z s ~"m E_ X ~~ ~ ~ O O tnlnOOO OO r2 m CO Lr1 t7' ~ C9 C7 of d' ~t O ~ OD 0 O C _! - ~ ~ ~ 0 0 0 0 0~ o O O O O O O O O ~U ton~~~ ~D1~r H Z W ~ L1 ~ ....N v~ « .r..N +r O O lA O Lp O O O lA O O O O O Q ~~ NNNNNN N NNNOOOCO QOMC'7 W Q Y m `o m o `o N W '~ a fn C~ ~~ « . « « O OO O Q - f~f~ lA l!) lp O 1C1r000aNOr m ~ ~ Z ¢ 10 IA in i1') ip is O lA _ r r T T T T N N O O O ~ N O r N d i O c r N ~ N T N U ~ ~ ..~ ... ..~ O ~. tn~0000 O OOOIAiAi00'~tflil)O W N N C9 N CO N N N C7 N r N r f~ C Cr1 (~ Cp Y O y _~ ~ ~ y .-..-~ C N ` O v ~ ~ J w ~. w w .~. .;' .'~. 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