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HomeMy WebLinkAboutIntermountain Outdoor TE 03-005 ~. ,„~ ~ LEGAL DEPARTMENT MAYOR R b t D C i try yy~~ ~y ,Fr • ~ (208) 466-9272 • PAX 466-4405 o er . orr e ciTV or- ~t ~lil` ` PARKS & RECREATION "v.` J ~ (208) 888-3579 • Pax 898-5501 C[TY COUNCIL MEMBERS E1' ~, I~YJ /ilJ~j~J V` [ (/6 s , ` PUBLIC WORKS Tammy de Weerd 1 IDAH O (208) 898-5500 • Pux 887-1297 William L. M'. Nary y % BUILDING DEPARTMENT Cherie McCandless ~e ~ (208) 887-2211 • Pax 887-1297 Keith Bird ~k°a'TRensuaeV~Y s,xcE ' i5aa PLANNING &ZONING (208) 884-5533 • Fax 888-6854 T WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: June 3, 2003 Transmittal Date: May 23, 2003 Hearing Date: June 70, 2003 File No.: TE 03-005 Request: Request for a one year Time Extension to record the Final Plat and Variance for Intermountain Outdoor Sports Subdivision By: Gerry Sweet Location of Property or Project: 1375 East Fairview Avenue David Zaremba, P/Z (NOVars,vac,fa) Jeny Centers, P/Z (Nn VAR, vAC, wf Leslie Mathes, P/Z Ma vAR vac, ~ Michael Rohm, P/Z (NO VAR, VAC, FPJ Keith Borup, P/Z rNOVAR,vAC,r-vf Robert Come, Mayor Bill Nary, CIC Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service rNOVAR,vAC.Fq Building Department Fire Department Meridian School District (rroFnl Meridian Post Office rFrma onry~ Ada County Highway District Ada County Development Services Central District Health Nampa Meridian Irdg. District Settlers Irrigation District Idaho Power Co. r~maau» U.S. West(~«vm Intermountain GastFw~oroyl Bureau of Reclamation (~wvaoAry9 Idaho Transportation Department rNOFVI Ada County vrz onyl Ada County Assess. Land Records [FVror oayl Meridian Development Corporation Police Department Historical Preservation Commission City Attorney City Engineer City Planner Parks Department Your Concise Remarks: 33 EAST IDAHO AVENUE • MERIDIAN, IDAHO 83642 • (208) 888-4433 City Clerk Office Fax (208) 888-4218 Human Resources Fax (208) 884-8723 Finance & Utility Billing Fax (208) 887-4813 To: Anna Powell, Director ~IrE- o3~OS Meridian Planning Department 1~-- 660 E. Watertower, Suite 202 Meridian, Idaho 83642 Date: May 19, 2003 Re: Case No. P/FP-02-001, Request for Preliminary/Final plat for Intermountain OutdoorSports Subdivision, 1375 E. FairviewAve., Meridian, Idaho and VAR-02-001, A variance to the perimeter landscape requirements located at 1375 E. Fairview Ave., Meridian, Idaho I am submitting a time extension. Dear Anna Powell: On behalf of Idaho Rental Co., LLC, I am submitting a time extension application to allow a one year extension for Intermountain Outdoor Sports Subdivision Final Plat, and variance to the perimeter landscape require- ments . The site is generally located at 1375 E. Fairview Ave., Meridian, Idaho. The preliminary/final platapplication and variance were approved by the Meridian City Council on June 4, 2002. Pursuant to Meridian ordinance section 12-3-8, we are requesting a one year extension to record final plat identified above. A one year time extension would change the required recording date to June 4, 2004. As you are probably aware our business Intermountain Outdoor Sports closed in July of 2002, and we have been unable to meet the conditions that are required in the above referenced approvals. We are in the process of selling the property and the interested parties all wish to comply with the conditions and bring both of these applications to completion. The time extension would not be detrimental to the public welfare or injurious to other property in the area since all of the existing approval conditions would remain in effect. On the same basis, the interest and purpose of Meridian Ordinances and Comprehension Plan would be met. Further, the variance will not violate any known provisions of Idaho Code. The original filed findings of fact are attached. If you have any questions regarding this request please contact our attorney Robert Aldridge directly at the following number. 336-9880. Thank youforyourconsiderationofthis matter. Sincerely yours, Gerry S t Idaho Rental Co., LLC Managing member BEFORE THE CITY COUNCIL OF THE CITY OF NIERIDL-~Y C/C 05/21/02 IN THE MATTER OF THE REQUEST FOR PRELIMINARY/FINAL PLAT FOR INTERMOUNTAIN OUTDOOR SPORTS SUBDIVISION, LOCATED AT 1375 EAST FAIRVIEW AVENUE, MERIDIAN, IDAHO Case Na. P/FP-02-001 BY; RUBBLE ENGINEERING, INC., APPLICANT FINDINGS OF FACT AND CONCLUSIONS OF LAW AuYD ORDER OF CONDITIONAL APPROVAL OF PRELIIVIINARY/FINAL PLAT The above entitled matter coming on regularly for public hearing before the City Council on May 21, 2002, and Brad Hawkins-Clazk Planner II for the Planning and Zoning Department, and Jane Suggs, appeazed and testified at the hearing, and the City Council having received a report from David McKinnon Planner II for the Planning and Zoning Department and Bruce Freckleton, Engineering Technician III, and the City Council having received as part of the record of this matter the recommendation to City Council of the Planning and Zoning Commission and the applicant having submitted the Plat Drawing described as follows,, "PRELIMINARY PLAT, INTERMOUNTAIN OUTDOOR SUBDIVISION, LOCATED IN THSNE % OF THE NE'/, OF SECTION 7, T.3N., R.lE., B.M., MERIDIAN, ADA COUNTY, IDAHO, JANUARY 2002, JOB N0.01-279-00, SHEET NO. 1, S:\STDITEMPLATE\ACAD HEI PLN.DWT, RUBBLE EINGINEERING, INC.", submitted for preliminary/final plat approval and which preliminary/final plat application is herein received FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - INTERMOUNTAIN OUTDOOR SPORTS / BY RUBBLE ENGINEERING, INC. (PFP-oz-ooi) - r and adjudged by the Ciry Council pursuant to Meridian City Code, Section 12-3. Therefore the City Council makes the following findings: FINDINGS OF FACT That the proposed development is in conformance with the Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Comprehensive Plan and Map, adopted December 21, 1993, and the property is presently zoned C-G General Retail and Service Commercial District, and requires connection to the Municipal Water and Sewer System. [see Meridian City Code, Section 11-7-2 K] 2. The preliminary plat is in conformance with the Comprehensive Plan City of Meridian adopted December 21, 1993, Ordinance No. 629. It is determined that Urban Services can be made available to accommodate the proposed development if the plat complies with the requirements and conditions hereinafter set forth as conditions ofpreliminary plat approval. 4. The proposed development is a continuity of the development within the City's Capital Improvement Program and if the conditions which aze requested by the Planning and Zoning Administrator and the Engineering Technician III aze met there will be public financial capability of supporting services for the proposed development. The development, if built in accordance with the conditions and as proposed, will not create health, safety or environmental problems and there have been no specifics of any such concerns brought to the Council's attention. FINDINGS OF FACT' AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - INTERMOUNTAIN OUTDOOR SPORTS / BY HUBBLE ENGINEERING, INC. (PFP-o2-oor) - z 6. It is found [hat the Recommendation to City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code, Section 12-3-5 and based upon the above and foregoing Findings of Fact which aze herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER The Preliminary/Final Plat of the applicant as evidenced by "PRELIIvfINARY PLAT, INTERMOUNTAIN OUTDOOR SUBDIVISION, LOCATED IN THE NE % OF THE NE'/. OF SECTION 7, T.3N., R.IE., B.M., MERIDIAN, ADA COUNTY, IDAHO, JANUARY 2002, JOB NO.01-279-00, SHEET NO. 1, S:1STDITEMPLATE~P.CAD_HEI_PLN.DWT, RUBBLE EINGINEERING, INC.", has been submitted for preliminary/fmal plat. The conditions of Staff pertaining to the Preliminary/Final Plat comments are as set forth in the Memorandum to the Mayor and City Council from David McKinnon, Planner II for Planning and Zoning, and Bruce Freckleton, Engineering Technician III, dated April 12, 2002, listing 14 Preliminary Plat Site Specific Comments and 4 Preliminary/Final Plat General Requirements, a true and correct copy of which is attached hereto and mazked Exhibit "A", and consisting of six pages, and by this reference incorporated herein, with the additional requirements from the City Council from their meeting of May 26, 2002, and the requirements aze as follows, to-wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT- INTERMOUNTAIN OUTDOOR SPORTS / BY HUBSLE ENGINEERING, INC. (PFP-a2-oor) - 3 i • Adapt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Water and sewer service to this site shall be via service lines from the existing mains adjacent to the property. 2. Applicant has indicated [hat a pressurized irrigation system will be provided to the three (3) new buildable lots (already existing to Lot 1, Block 1) through the existing irrigation system; however, no details of the system have been submitted. Applicant shall confirm that the system will have adequate capacity for the additional lots. As part of the development plan review process, the Public Works Department shall review plans and specifications for the irrigation system. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. 3. The tentlQuonset but shall be removed from the property prior to the Ciry's signature on the final plat. 4. Landscaping shall be installed as approved by the City Council a[ their public hearing on the companion variance application, Case No. VAR-02-001. Dead or dying landscaping shall be replaced. All non-organic mulch shall be removed and replaced with either organic mulch or vegetation. 6. Visually depict the width of the landscape easements on the face of the preliminary and final plat. 7. Add a note to the face of the final plat requiring that a Business Owners Association will be required to maintain the street buffers. 8. Show the existing easements for the Jackson Drain where it courses across the southern boundary of the subdivision. 9. All required street buffers and irrigation lines shall be installed prior to the occupancy of any new construction on Lots 1, 2, 3, or 4 of the proposed subdivision 10. Add a note to the face of the plat stating that the subdivision provides cross access and cross parking among the parcels, for use with the previously approved driveways. 11. All illegaVtemporary signs shall be removed from the subject property prior to the City's signature on the final plat and shall not be replaced. All signs must meet the Sign Ordinance. FINDINGS OF FACT' AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT- INTERMOUNTAIN OUTDOOR SPORTS / BY HUBBLE ENGINEERING, INC. (PFP-o2-oor) - 4 12. Add adjacent platted subdivision names, or unplatted to the face of the plat. 13. Construct afive-foot (~') wide sidewalk on Fairview Avenue. The sidewalk shall be installed prior to the issuance of occupancy permits for Lots 2, 3, and 4 of the proposed subdivision. 14. Add a note on the final plat indicating: "The bottom elevation of structural footings shall be set a minimum of 12 inches above the highest normal ground water elevation." IS. Submit a copy of the Ada County Street Name Committee's final approval letter for the subdivision name, and the lot and block numbering. Make any corrections necessary to conform. 16. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 17. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 18. Except for the Jackson Drain, all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the azea being subdivided shall be tiled per City Ordinance 12-4-13. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate imgation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 19. The owners of the subject site will work with Mr. Steve McNitt; as a representative of the Danbury Subdivision, to work out the appropriate irrigation system for the landscaping along Stonehenge Way. Adopt the Recommendations ofthe ACFID as follows: No additional access points to Fairview Avenue or Stonehenge Way have been proposed and none are approved with this application. 2. Pave [he existing driveway on Stonehenge Way that is located approximately 340-feet south of the north property line to its full-required width of 24 to 30-feet and to a point 30-feet beyond the edge of pavement of Stonehenge Way with 15-foot curb radii tapers abutting the existing roadway edge. 3. Construct a 5-foot wide concrete sidewalk on Fairview Avenue located 2-feet within the right-of--way. Coordinate the location and elevation of the sidewalk with District staff. 4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT- INTERMOUNTAIN OUTDOOR SPORTS / BY RUBBLE ENGINEERING, INC. (PFP-oz-oor) during the construction of the proposed development. Utility street cuts in pavement less than five years old aze not allowed unless approved in writing by the District. 6: Meet District drainage requirements per section 8000 of the ACHD Development Policy Manual. 7. If utility relocation is necessary to construct improvements required with this development, then all utility relocation costs associated with improving street frontages abutting the site shall be borne by [he developer. 8. Any existing irrigation facilities shall be relocated outside of the right-of--way. 9. Other than the access points specifically approved with this application, direct lot or pazcel access to Fairview Avenue is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 10. Comply with ACHD's Standard Requirements listed in their report dated Mazch 27, 2002. Adopt the Recommendations of the Meridian Fire Depamnent as follows: Provide afire-flow consistent with the 1997 Uniform Fire Code Appendix III-A. Fire hydrants shall be placed an average of400' apart. 2. All comers will have to have 28' inside radius and 48' outside radius. 3. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 5. Acceptance of water supply for fire protection will be by the Meridian Water Department. 6. The roadways shall be built to Ada County Highway Standazds with a minimum street width of 37'. 7. All proposed uses and storage practices shall comply with the Uniform Fire Code. 8. A 20' wide fire access road shall be maintained at all times. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDEROF CONDITIONALAPPROVAL OF PRELIMINARY/FINAL PLAT - INTERMOUNTAIN OUTDOOR SPORTS / BY HUBBLE ENGINEERING, INC. (PFP-o2-ooi) - 6 i • Adopt the Recommendations ofCentral District Health Dept as follows: The Applicant's central sewage and central water plans must be submitted to and approved by [he Idaho Department of Health & Welfaze, Division of Environmental Quality. 2. Run-off is not to create a mosquito breeding problem. 3. Stormwater shall be pretreated through a grassy Swale prior to dischazge to the subsurface to prevent impact to groundwater and surface water quality. 4. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. Adopt the Recommendations ofthe Nampa & Meridian Irrigation District as follows: 1. The District requires a Land Use Change/Site application to be filed. 2. All laterals and waste ways must be protected and all municipal surface drainage must be retained on site. If any surface drainge leaves the site, the District must review drainage plans. The developer must comply with Idaho Code §31-3805. Adopt the Recommendations ofSanitary Service as follows: Waste enclosure plans need to be submitted. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: a. The Plat dimensions aze approved by the City Engineer; b. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guazanteeing the completion ofoff--site and required on-site improvements; and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - INTERMOUNTAIN OUTDOOR SPORTS / BY HUBBLE ENGINEERING, INC. (PFP-o2-ooi) - y By action of the City Council at its regulaz meeting held on the day of ~/ ~N'`~~ , 2002. By: ~ / ~ ~ ~ R ETD. CORRIE Mayor, Ciry of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Decent and City Attorney. \\\`~~~~pF M~ ., ~`' FRi ' ; s oaao~ 9y By: .cam--- Dated: City Clerk ,/ ~~ rFo _¢-~7i ~,~ ~` ~,, Z:1WOrk1M\Meridian4Meridian l5160M\Intermountain Ounloor Sub VAR02-001 PFP02-0011PreLimPlaffinalPlatFfCls.doc~~"'~~ ' FINDINGS OF FACT' AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT- INTERMOUNTAIN OUTDOOR SPORTS / BY HUBBLE ENGINEERING, INC. (PFP-o2-o0>) -8 ,• ;. ~ ., BEFORE THE MERIDIAN CITY COUNCIL C/C OS-21-02 IN THE MATTER OF THE ) VAR-02-001 APPLICATION OF RUBBLE ) • ENGINEERING, INC., FORA ) FINDINGS OF FACT AND VARIANCE TO THE PERIMETER ) CONCLUSIONS OF LAW AND LANDSCAPE REQUIREMENTS ) ORDER OF DECISION LOCATED AT 1375 E. FAiRVIEW ) GRANTING A VARIANCE AVENUE, MERIDL4N, IDAHO ) The above entitled matter coming on regulazly for public hearing before the City Council on May 21 2002, and Brad Hawkins-Clazk Planner II for the Planning and Zoning Department, and Jane Suggs, appeared and testified, and no one appeazed in opposition, and the City Council having received the transmittal to agencies and having received the variance application, having heazd 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 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 B January 4, 1994 and Maps. 2. The requirements of Idaho Code § 67-6509, 6516 and Meridian City Code § 11-15-5 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND Page 1 ORDER OF DECISION GRANTING AVARIANCE / RUBBLE ENGINEERING, INC. / GERRY SWEET, CEO, INTERMOUNTAIN OUTDOOR SPORTS / VAR-02-001 i ~ • and 12-11-3 as evidenced in the record of this matter. The Applicant is Hubble Engineering, Inc., whose address is 701 S. Allen St., Suite 102, Meridian, Idaho 83642. 4. The owner of the property is Gerry Sweet, CEO, Intermountain Outdoor Sports, whose address is 1375 E. Fairview Avenue, Meridian, Idaho 83642. 5. The location of the subject property is located in a General Retail and Service Commercial (C-G) District at 1375 E. Fairview Avenue, Meridian, Idaho. 6. The legal description of the property appertains to the real property that is included within the Vicinity Map as appears on record in the Meridian City Clerk's office, and which Vicinity Map is attached as Exhibit "A" and consisting of one page. The present land use of subject property is presently zoned as (C-G) General Retail and Service Commercial District which is being used as a retail store and empty lot. 8. The proposed land use of subject property is that the retail store will remain and the empty lot will be subdivided into 3 pazcels for sale to commercial businesses. 9. That a vicinity map is attached hereto as Exhibit "A", 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, BUFFER SIZE, and in the C-G zone, 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 Sheet Map (and future updates) as follows. Note: Residential Collectors FINDINGS OF FACT AND CONCLUSIONS OF LAW AND Page 2 ORDER OF DECISION GRANTING AVARIANCE / RUBBLE ENGINEERING, INC. / GERRY SWEET, CEO INTERMOUNTAIN OUTDOOR SPORTS / VAR-02-001 do not have a required street buffer. Street Tvne Buffer Width Local Roads 10 feet (except in residential azeas per 7.3) Urban Collector 20 feet Principal & Minor Arterials 25 feet (other than entryway comdors) Entryway Corridors 35 feet (as defined in the Comprehensive Plan) Interstate 84 50 feet 11. All property owners within three hundred feet (300') of the external boundaries have been notified by mail, and their mailing addresses maybe obtained from the list on file with the Planning and Zoning Department. 12. It is found that that the existing pazking lot on the improved portion of the proposed subdivision (Lot 1) would make strict application of the Landscape Ordinance impracticable and unreasonable. The installation of a thirty-five foot (35') wide buffer on Lot 1 adjacent to Fairview Avenue would reduce the number of available pazking stalls to below the City's m;n;mum number of pazking stalls required for the retail store. The undeveloped street frontage on Fairview (Lot 2) should be required to provide the full thirty-five foot (35') wide buffer as there aze no special circumstances or conditions that affect this portion of the property. 13. It it found that strict compliance with the requirements of the Landscape Ordinance would result in extraordinary hazdship to the owner or developer because of unusual topography, the nature or condition of adjacent development; however, staff finds that the existing asphalt pazking FINDINGS OF FACT AND CONCLUSIONS OF LAW AND Page 3 ORDER OF DECISION GRANTING A VARL4NCE / RUBBLE ENGINEERING, INC. / GERRY SWEET; CEO INTERMOUNTAIN OUTDOOR SPORTS / VAR-02-001 lot is a physical condition that makes strict application of this Ordinance unreasonable. 14. It is found that the requested variance will not be particularly detrimental to the public's welfaze or injurious to other properties in the area. However, the goals and objectives of the Landscape Ordinance may be compromised should a complete variance be granted. 15. It is found that the issuance of a variance for landscaping requirements will have the effect of altering the purpose and interest of the Landscape Ordinance. The Landscape Ordinance provides provisions for AItemative Compliance if a development is unable to meet the objectives of the Landscape Ordinance; however, the requested reduction is beyond the scope of the Alternative Compliance section. Allowing a variance for non-conforming street buffer landscaping will make it hazder to enforce the Landscape Ordinance in the future and may encourage similar requests for variances to the code. 16. The Parks Department does not support the request for the variance for the present retail store. 17. The landscape requirements must not impact the Nampa & Meridian Irrigation District's Jackson Drain that courses along the south boundary of the project. 18. Instead of the variance requested by the Applicant, the Applicant can remove the row of parking immediately adjacent to the existing street buffer on Lot 1 (the coffee kiosk and the emissions van aze located in this azea as well) and replace the parking area, with landscaping. The removal ofjust one row of pazking will allow the traffic circulation to remain the same for the rest of the pazking lot, and it will provide a significant amount of new landscaping (approximately nineteen feet). The resulting buffer (25'-26') will be less than the required thirty-five-foot (35') FINDINGS OF FACT AND CONCLUSIONS OF LAW AND Page 4 ORDER OF DECISION GRANTING A VARL4NCE / RUBBLE ENGINEERING, INC. / GERRY SWEET, CEO INTERMOUNTAIN OUTDOOR SPORTS / VAR-02-001 :. buffer, but it will be a dramatic improvement. 19. 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 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 aze 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 aze set forth in Meridian City Code § 11-18- 2, and the findings which aze required aze set forth in Meridian City Code § 11-18-3, include required 5ndings that there are special circumstances or conditions affecting the property that strict application of the provisions of Zoning and Development Ordinance would cleazly be impracticable and unreasonable, and a fmding 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND Page 5 ORDER OF DECISION GRANTING AVARIANCE / RUBBLE ENGINEERING, INC. / GERRY SWEET, CEO INTERMOUNTAIN OUTDOOR SPORTS / VAR-02-001 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 welfaze 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, § 12-13-10-4, BUFFER SIZE, and in the C-G zone, 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 Tvne Buffer Width Local Roads 10 feet (except in residential areas per 7.3) Urban Collector 20 feet Principal & Minor Arterials 25 feet (other than entryway corridors) Entryway Corridors 35 feet (as defined in the Comprehensive Plan) Interstate 84 50 feet DECISION AND ORDER NOW, THEREFORE, BASED UPON TFIE 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 buffer size requirements only for the existing retail store on Lot 1, which is in the landscape easement, but Lot 2 which will be future development shall be required to comply with the new FINDINGS OF FACT AND CONCLUSIONS OF LAW AND Page 6 ORDER OF DECISION GRANTING AVARIANCE / RUBBLE ENGINEERING, INC. / GERRY SWEET, CEO INTERMOUNTAIN OUTDOOR SPORTS / VAR-02-001 Landscape Ordinance buffer size (MMC § 12-13-10-4), in the General Retail and Service Commercial District. Instead of the variance requested by the Applicant, the Applicant can remove the row of pazking immediately adjacent to the existing street buffer on Lot 1 (the coffee kiosk and the emissions van aze located in this azea as well) and replace the pazking area with landscaping. The removal of just one row of pazking will allow the traffic circulation to remain the same for the rest of the pazking lot, and it will provide a significant amount of new landscaping (approximately nineteen feet). The resulting buffer(25'-26') will be less than the required thirty-five-foot (35') buffer, but it will be a dramatic improvement. NOTICE OF FINAL ACTION Please take notice that this is a final actioa 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 in the C-G Zone as provided in the Section 12-13-10-4 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 regulaz meeting held on the ~~~ day of ~~"`'~ , 2002. ROLL CALL: COUNCILMAN KEITH BIl2D COUNCILWOMAN TAMMY deWEERD COUNCII,WOMAN CHERIE McCANDLESS COUNCII,MAN WM. L.M. NARY FINDINGS OF FACE AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARL4NCE / RUBBLE ENGINEERING, INC. / GERRY SWEET, CEO INTERMOUNTAIN OUTDOOR SPORTS / VAR-02-001 VOTED~L VOTED~~ VOTED-c't- VOTED~Cw Page 7 MAYOR ROBERT D. CORRIE (TIE BREAKER)VOTED ~' DATED: 6 -'~ -OZ MOTION: APPROVE DISAPPROVEDr Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and the City Attorney office. ,,,, tt ~ ~ ~ ~ r,,,,~ ~o By ~ Dated: 6- ¢~~ Z' City Clerk `" _ -g~~ _ ~% 9 ~T tSS '~~hrrrntn ;; utrid~~ . Z:\WarklMlMeridianlMeridian t5760MVntemmuntain Outdoor Sub VAR02.001 PIT02-001\FfClsGtan[VarianceTWO.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND Page 8 ORDER OF DECISION GRANTING A VARLANCE / RUBBLE ENGINEERING, INC. / GERRY SWEET, CEO INTERMOUNTAIN OUTDOOR SPORTS / VAR-02-001 y 0 0 w 0 0 rn 0 0 m 0 0 .~ N 0 a .. z m m D G m m w V < m n ;r _Z D ~ < D ~ ~ < m r~I~~ ~/ I N