HomeMy WebLinkAboutPresidential Subdivision VAR-01-010BEFORE THE MERIDIAN CITY COUNCIL
C/C %04-0I
IN THE MATTER OF THE )
APPLICATION OF DAKOTA )
COMPANY, INC., FOR A )
VARIANCE TO DELETE THE )
REQUIREMENT FOR )
SUBDIVISION STREET BUFFERS )
TO BE ON A COMMON LOT, )
MAINTAINED BY A BUSINESS- )
OWNER ASSOCIATION, )
LOCATED AT THE SOUTHEAST )
CORNER OF PRESIDENTIAL )
DRIVE AND EAGLE ROAD, )
MERIDIAN, IDAHO )
VAR-OI-OIO
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 September 11, 2001, and Shari Stiles, Planning and Zoning
Administrator, appeared and testified, and appearing and testifying on behalf of the
Applicant were: John Paulson and Tom Bowens, and appearing with concerns or
comments was: Robert Corbell, 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:
F1ND1NGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 1 of 9
ORDER OF DECISION GRANTING A VARIANCE / VAR-01-010
DAKOTA COMPANY, INC. / PRESIDENTIAL SUBDIVISION
FINDINGS OF FACT
1. The City Council takes judicial notice of its Zoning, Subdivisions and
Development Ordinances codified at Tide 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-I 1-3 as evidenced in the record of this matter.
3. The Applicant is Hermes Associates, Ltd, Developers Diversified Realty
Corp, whose address is 3300 Enterprise Parkway, Beachwood, Ohio 44122, and in
CARE OF: Dakota Company, [nc.., 380 E. Parkcenter Blvd., Suite 100, Boise, Idaho
83706.
4. The owners of the property are Hermes Associates, Ltd. and Developers
Diversified Realty Corp, 3300 Enterprise Parkway, Beachwood, Ohio 44122.
5. The location of the subject property is presently located in an I-L with a
conditional use permit, and which subject property is located at the southeast corner of
Presidential Drive and Eagle Road, Meridian, Idaho.
6. The legal description of the property appertains to the real property that
is included 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,
and which is on file with the Meridian City Clerk's office.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 2 of 9
ORDER OF DECISION GRANTING A VARIANCE / VAR-01-010
DAKOTA COMPANY, 1NC. / PRESIDENTIAL SUBDIVISION
7. The present land use of subject property is presently zoned as I-L with a
conditional use permit, and which subject property is presently vacant.
8. The proposed land use of subject property is to develop the subject
property in the following manner: Four commercial building lots.
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 seelcs a variance of the following provision of the Meridian
City Code, §12-13-10-3, Applicability, which provides as follows:
12-13-10-3. APPLICABILITY: Street buffers shall be required at all
subdivision boundaries (i.e. commercial, industrial, office, and
residential) and all commercial, industrial, and office
developments. Single-family residential, duplex, and townhouse
lots are exempt from required street buffers. All subdivision
street buffers must be on a common lot, maintained by a home-
owners or business-owners association, as applicable.
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 Meridian Crossroads Shopping
Center does not have common lots for existing street buffers and common areas. The
maintenance of all common areas in the Meridian Crossroads Shopping Center are
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 3 of 9
ORDER OF DECISION GRANTING A VARIANCE / VAR-01-010
DAKOTA COMPANY, INC. / PRESIDENTIAL SUBDIVISION
handled under a Common Area Maintenance Agreement which all tenants are a part
of. The requested variance is in compliance with the original Conditional Use Permit
for the Meridian Crossroads Shopping Center.
13. The minimum requirements of the ordinance that need to be reduced to
permit the proposed use would be fl~e need to eliminate the requirement for subdivision
street buffers to be on a common lot and maintained by a business-owner association.
14. The difficulty or hardship which would result if the requirenrents of the
ordinance were applied to the subjeffc property is addressed in number 12 above.
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 number 12.
16. A literal interpretation of the provisions of the ordinance would deprive
the Applicant rights because the City of Meridian approved the shopping center prior
to the adoption of the cnrrent ordinance.
17. The existence of special circumstances or conditions affecting the
property are as stated above in paragraphs 12 and 16 above.
18. Granting the variance would maintain rights which would be afforded to
others in the same situation.
20. The variance would allow the applicant to avoid the requirement of the
ordinance as he would not have to provide the subdivision street buffers to be on a
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 4 of 9
ORDER OF DECISION GRANTING A VARIANCE / VAR-01-010
DAKOTA COMPANY, rNC. / PRESIDENTIAL SUBDIVISION
common lot.
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.
23. The applicant paid the fee established by the City Council for application
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 5 of 9
ORDER OF DECISION GRANTING A VARIANCE / VAR-01-010
DAKOTA COMPANY, INC. / PRESIDENTIAL SUBDIVISION
for a variance.
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 dearly be impracticable and unreasonable, and a finding
that strict compliance with the requirements of the Zoning and Development Ordinance
would resuk 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 w/il 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, 12-13-10-3, APPLICABILITY, and in the I-L
zone if granted the variance, provides as follows:
12-13-10-3. APPLICABILITY: Street buffers shall be required at all subdivision
boundaries (i.e. commercial, industrial, office, and residential) and all
commercial, industrial, and office developments. Single-family residential,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 6 of 9
ORDER OF DECISION GRANTING A VARIANCE / VAR-01-010
DAKOTA COMPANY, INC. / PRESIDENTIAL SUBDIVISION
duplex, and townhouse lots are exempt from required street buffers. All
subdivision street buffers must be on a common lot, maintained by a
home-owners or business-owners association, as applicable.
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 Applicability
requirements to delete the requirement for subdivision street buffers to be on a common
lot, maintained by business - owners association in an I-L zone for Presidential
Subdivision.
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 APPLICABILITY requirements in
the I-L Zone as provided in the Section I2-I3-10-3 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION GRANTING A VARIANCE / VAR-01-010
DAKOTA COMPANY, INC. / PRESIDENTIAL SUBDIVISION
Page 7 of 9
of
ROLL CALL:
COUNCILMAN RON ANDERSON
By action of the City Council at its regular meeting held on the
,2o0 .
VOTED
COUNCILMAN KEITH BIRD
VOTED
COUNCILWOMAN TAMMY deWEERD
VOTED
COUNCILWOMAN CHERIE McCANDLESS VOTED
MAYOR ROBERT D. CORRIE (TIE BREAKER> VOTED
DATED: q--/'~--gS//r
MOTION:
APPROVED: ~.~
DISAPPROVED:.
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department, and the City Attorney office.
City Clerk 5;~~ ~
ZAWorkXMmefidian~di~ 15360M~sidenfial Sub VAR01-010 VAR01~ll~Is~ntVAR01-010.doO ~~
F~GS OF FACT A~ CONCLUSIONS OF LAW AND -- m~' 8 of 9
O~ER OF DECISION G~NT~G A VA~NCE / VAR-01-010
DAKOTA COMPAq, ~C. / P~SIDE~L S~DIVISION
EAGLE RD
oZ
---!
handled under a Common Area Maintenance Agreement which all tenants are a part
of. The requested variance is in compliance with the original Conditional Use Permit
for the Meridian Crossroads Shopping Center.
13. The minimum requirements of the ordinance that need to be reduced to
permit the proposed use would be the need to eliminate the requirement for subdivision
street buffers to be on a common lot and maintained by a business-owner association.
14. The difficulty or hardship which would result if the requirements of the
ordinance were applied to the subject property is addressed in number 12 above.
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 number 12.
16. A literal interpretation of the provisions of the ordinance would deprive
the Applicant rights because the City of Meridian approved the shopping center prior
to the adoption of the current ordinance.
17. The existence of special circumstances or conditions affecting the
property are as stated above in paragraphs 12 and 16 above.
18. Granting the variance would maintain rights which would be afforded to
others in the same situation.
~.a,~' _ 20. The variance would convenience the applicant since not
he
would
have
to
~Sf(~ provide the subdivision street buffers to be on a common lot nor maintain them.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 4 of 9
ORDER OF DECISION GRANTiNG A VARIANCE / VAR-01-010
DAKOTA COMPANY, INC. / PRESIDENTIAL SUBDIVISION