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HomeMy WebLinkAboutPresidential Subdivision VAR 01-011BEFORE THE MERIDIAN CITY COUNCIL C/C 9-04-01 IN THE MATTER OF THE ) APPLICATION OF DAKOTA ) COMPANY, INC., FOR A ) VARIANCE TO DELETE THE ) REQUIREMENT FOR A 35' ) BUFFER WIDTH FOR ) ENTRYWAY CORRIDORS AND ) TO MAINTAIN THE EXISTING ) 20' WIDTH AND TO DELETE ) THE REQUIREMENT OF A 25' ) BUFFER BETWEEN INTENSITY ) CLASS I AND CLASS IV AND TO ) MAINTAIN THE 20' WIDTH ) · FOR PRESIDENTIAL ) SUBDIVISION, LOCATED AT ) THE SOUTHEAST CORNER OF ) PRESIDENTIAL DRIVE AND ) EAGLE ROAD, MERIDIAN, ) IDAHO ) VAR-OI-O11 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 1 of 9 ORDER OF DECISION GRANTING A VARIANCE / VAR-01-011 DAKOTA COMPANY, INC. / PRESIDENTIAL SUBDIVISION 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 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 12-1 I-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, Inc.., 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 comer of Presidential Drive and Eagle Road, Meridian, Idaho. 6. The legal description of the property appertains to the real property that FIND1NGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 2 of 9 ORDER OF DECISION GRANTING A VARIANCE / VAR-01-011 DAKOTA COMPANY, INC. / PRESIDENTIAL SUBDIVISION 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. 7. The present land use of subject property is presently zoned as I-L with a conditional use permit, and which subiect 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 seeks a variance of the following provision of the Meridian City Code, §§12-13-10-4 and 12-13-10-5, BUFFER SIZE and WIDTH REDUCTION, which provides as follows: 12-13-10-4 BUFFER SIZE: The required width of the landscape buffer is calculated based on the Ada County Long Range Highway and Street Map (and future updates) as follows. Note: Residential Collectors do not have a required street buffer. Street Type Local Roads (except in residential areas per 7.3) Urban Collector Principal & Minor Arterials (other than entryway corridors) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / VAR-01-011 DAKOTA COMPANY, INC. / PRESIDENTIAL SUBDIVISION Buffer Width 10 feet 20 feet 25 feet Page 3 of 9 Entryway Corridors 35 feet (as defined in the Comprehensive Plan) Interstate 84 50 feet 12-13-10-5 Width Reduction: In a development where the required street buffer width results in an otherwise unavoidable hardship to the property, a written request for a buffer reduction may be submitted to the Planning Director. The request must demonstrate evidence of the hardship caused by the required street buffer and propose a specific alternative width. In no case shall the width be reduced to less than ten (10) percent of the depth of the lot without a Variance, except in Old Town. 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 handled under a Common Area Maintenance Agreement which all tenants are a part of. The requested variance is in cornpliance 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 of a 35' buffer FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / VAR-OI-O11 DAKOTA COMPANY, INC. / PRESIDENTIAL SUBDIVISION Page 4 of 9 width for entryway corridors and maintain the existing 20' buffer width that has been established for the balance of the Meridian Crossroads Shopping Center, and to eliminate the requirement of a 25' minimum buffer width between Intensity Class I and Intensity Class IV and maintain the ex~sting 20' width that has been established for the balance of the Meridian Crossroads Shopping Center. 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. 20. The variance would allow the applicant to avoid the requirement of the ordinance as he would not have to provide a 35' buffer width for entryway corridors and maintain the existing 20' buffer width, and he would not have to provide a 25' minimum FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 5 of 9 ORDER OF DECISION GRANTING A VARIANCE / VAR-01-011 DAKOTA COMPANY, INC. / PRESIDENTIAL SUBDIVISION buffer width between Intensity Class I and Intensity Class IV and maintain the existing 20' width that has been established for the balance of the Meridian Crossroads Shopping Center. 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 akering 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 6 of 9 ORDER OF DECISION GRANTING A VARIANCE / VAR-01-011 DAKOTA COMPANY, INC. / PRESIDENTIAL SUBDIVISION for a variance. 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 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 inteYest and purposes of the Zoning and Development Ordinance and the Meridian Comprehensive Plan. Meridian City Code, }{}12-13-10-4 and 12-13-10-5, BUFFER SIZE and WIDTH REDUCTION, and in the I-L zone if granted the variance, provides as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 7 of 9 ORDER OF DECISION GRANTING A VARIANCE / VAR-01-011 DAKOTA COMPANY, INC. / PRESDENTIAL SUBDIVISION 12-13-10-4 BUFFER SIZE: The required width of the landscape buffer is calculated based on the Ada County Long Range Highway and Street Map (and future updates) as follows. Note: Residential Collectors do not have a required street buffer. Street Type Local Roads (except in residential areas per 7.3) Buffer Width 10 feet Urban Collector 20 feet Principal & Minor Arterials (other than entryway corridors Entryway Corridors (as defined in the Comprehensive Plan) 25 feet 35 feet Interstate 84 50 feet 12-13-10-5 Width Reduction: In a development where the required street buffer width results in an otherwise unavoidable hardship to the property, a written request for a buffer reduction may be submitted to the Planning Director. The request must demonstrate evidence of the hardship caused by the required street buffer and propose a specific alternative width. In no case shall the width be reduced to less than ten (10) percent of the depth of the lot without a Variance, except in Old Town. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Coundl does hereby Order and this does Order: 1. That the Applicant is hereby granted a variance from the §§ 12-13-10-4 and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / VAR-01-011 DAKOTA COMPANY, INC. / PRESIDENTIAL SUBDIVISION Page 8 of 9 12-13-10-5, BUFFER SIZE and WIDTH REDUCTION requirements to delete the requirement of a 35' buffer width for entryway corridors and maintain the existing 20' buffer width that has been established for the balance of the Meridian Crossroads Shopping Center, and to eliminate the requirement of a 25' nrininmm buffer width between Intensity Class I and Intensity Class IV and maintain the existing 20' width that has been established for the balance of the Meridian Crossroads Shopping Center 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 BUFFER SIZE and WIDTH REDUCTION requirements in the I-L Zone, as provided in the §§12-13-10-4 and 12- 13-10-5, and nray 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 ~:~/? 7~//ff/'~ ,2001. ROLL CALL: COUNCILMAN RON ANDERSON VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / VAR-01-011 DAKOTA COMPANY, INC. / PRESIDENTIAL SUBDIVISION Page 9 of 9 COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE McCANDLESS VOTED VOTED~_ VOTED__~ MAYOR ROBERT D. CORRIE (TIE BREAK_ER) VOTED DATED: MOTION: /~ APPROVED:, DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and the City Attorney office. City Clerk e ~' Z:\Work\M\Meridian~leridian 15360M~Pre$idential Sub VAR01-010 VAR01-011~FfClsGrantVAR01-011.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- 9 ORDER OF DECISION GRANTING A VAPdANCE / VAR-01-011 DAKOTA COMPANY, INC. / PRESIDENTIAL SUBDIVISION Page 10 of EAGLE RD