Loading...
HomeMy WebLinkAboutElixir Subdivision VAR-01-012BEFORE THE MERIDIAN CITY COUNCIL C/C 9-04-01 Revised 11-02-01 Revised 11-20-01 Revised 02/06/02 IN THE MATTER OF THE ) APPLICATION OF PAUL B. ) CLAYTON, FOR A VARIANCE ) FOR ELIXIR SUBDIVISION ) FROM 12-13-10-4 AND 12-13-12 ) MERIDIAN CITY CODE, FOR ) SUBDIVISION STREET BUFFERS ) AND LANDSCAPE BUFFERS, ) LOCATED AT 521 N. EAGLE ) ROAD, MERIDIAN, IDAHO ) VAR-01-OI2 REVISED 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 4, 2001, and pulled until February 5, 2002, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying was the Applicant, Paul B. Clayton, and appearing with concerns or comments were: Brad Miller and Becky Bowcutt, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / VAR-01-012 / ELIXIR SUBDIVISION Page 1 of 16 Derision, as follows to-wit: FINDINGS OF FACT 1. The City Coundl takes judidal notice of its Zoning, Subdivisions and Development Ordinances codified at Tide 11 Munidpal 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 fi~ 67-6509, 6516 and Meridian City Code §§ 11-15-5 and 12-11-3 as evidenced in the record of this matter. 3. The Applicant Paul B. Clayton, whose address is 501 N. Eagle Road, Meridian, Idaho. 4. The owner of the property is Elixir Industries, 17925 South Broadway, Gardena, California. 5. The property located at 521 N. Eagle Road, Meridian, Idaho is an I-L zone. 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. 7. The present land use of subiect property is presently zoned as I-L, and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 2 of 16 ORDER OF DECISION GRANTING A VARIAlqCE / VAR-01-012 / ELIXI~ SUBDIVISION which subject property is presently vacant. 8. The proposed land use of subject property is to develop the subject property in the following manner: Industrial and office development. 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 - Street Buffers, Buffer Size and 12-13-12 - Buffers Between Differem Land Uses, which provides as follows: 12-13-10-4 STREET BUFFERS: Buffer Size: The required width of the landscape buffer is calculated based on the Ada County Long Kange Highway and Street Map (and future updates) as follows. Note: Residential Collectors do not have a required street buffer. Street Type 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) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / VAR-01-012 / ELIXII{ SUBDMSION Page 3 of 16 Interstate 84 50 feet 12-13-12 BUFFERS BETWEEN DIFFERENT LAND USES: 12-13-12-1 Purpose: The landscape requirements in this section are intended to ensure incompatible, adjoining land uses are adequately protected and are provided an appropriate amount of land separation to conduct permitted uses without causing adverse impact. An incompatible land use is defined as one that is more intensely developed than its neighbor (as defined herein under section 9.4) and typically involves minimizing potential nuisances such as noise, dirt, litter, glare of lights, or other objectionable activities. The buffers are required along the entire contiguous property line. 12-13-12-2 Responsibility for Buffer Construction: The required buffer between different land uses shall be provided by the higher intensity use and shall be located on the building site of the higher intensity use, except as determined otherwise by the Planning Director after written request. If a lower intensity use is proposed adjacent to an existing higher intensity use with no buffer, the lower intensity use must provide the required buffer. 12-13-12-3 Buffer Materials: The materials within the required buffer between incompatible land uses are regulated as follows: Mix of Materials All buffer areas shall be comprised of, but not limited to, a mix of evergreen and deciduous trees, shrubs, lawn, or other vegetative groundcover. Fences, walls and berms may also be incorporated into the buffer area. Barrier Effectiveness The required buffer area shall result in an effective barrier within three (3) years and be maintained such that sixty percent (60%) or more of the vertical surface is closed and prevents the passage of vision through it. Trees may be spaced closer as necessary to achieve this goal. C. Buffer Wails FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / VAR-01-012 / ELIXIR SUBDIVISION Page 4 of 16 Where existing or proposed adjacent land uses cannot be adequately buffered with plant material(s), the City may require inclusion of a wall, fence, or other type of screen that mitigates noise and/or unsightly uses. If a wall or fence at least six (6) feet tall is provided, the planting requirement may be reduced to at least one tree per 35 lineal feet, plus shrubs, lawn, or other vegetative groundcover must be provided within the buffer area, in lieu of the requirements of subsection B. Do Chainlink Fencing Chainlink or cyclone fencing, with or without slats, is prohibited within required buffers between different land uses. Chainlink may be used beyond the required buffer. Chainlink fencing does not qualify as a screening material; therefore the buffer must still be landscaped as per subsection B, even if a chainlink fence is provided. 12-13-12-4 Land Use Intensity Classifications: The table below is intended to provide a general classification of land use intensities for commonly proposed developments and is not a comprehensive list. If a land use is not listed, the intensity classification shall be determined by the Planning Director based upon the nearest use listed. Class I Class II Class III Class IV Class V Single Family Multi-Family Offices Restaurants Heavy Homes Dwellings Manufacturing Duplexes Child Care Neighbor. Hotel/Motel Contractor Yards Centers , Comm. Golf Courses Libraries i Middle General Retail Processing Plants ]Schools Cemeteries Senior Centers i High Schools Grocery Stores Recycling Parlcs Nurseries/Greenho Personal Parking Garages uses Services Elementary Quasi Public Warehouses Vacant Land Schools Uses zoned: [Vacant Land Clinics Storage Facilities I-L [zoned: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / VAR-01-012 / ELIXIR SUBDMSION Page 5 of 16 R-2 Vacant Land Indoor zoned: Manufacturing R-3 R- 15 Vacant Land zoned: R-4 R-40 L-O Vacant Land zoned: R-8 i C-N C-G, C-C 12-13-12-5 Minimum Buffer Widths The minimum buffer width between incompatible land uses is based on the following table: Intensit,' Class of Adjacent Use Intensity Class of I II III IV V Proposed Use II 20 III 20 IV 25 20 20 V 35 30 25 20 Table Notes: a) Buffer widths are shown in feet. b) No buffer is required for blank (shaded) ceils, unless an existing, adjacent and higher intensity use has not provided a buffer. In such cases, the lower intensity use must provide the buffer as per 9.2. c) The buffers between land uses are required only along contiguous lot lines. If incompatible land uses are across a public street from one another, the street buffer requirements of Section 7 apply. 12-13-12-6 Pedestrian Access: Landscaping and screens shall not eliminate pedestrian access from residential development to abutting commercial districts and vice versa. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / VAR-01-012 / ELIXIR SUBDMSION Page 6 of 16 12-13-12-7 Existing Partial Buffers: If all or any part of the buffer has been provided on the adjacent property, the proposed use must provide only that amount of the buffer which has not been provided on the adjacent property. 12-13-12-8 Relationship to Parking Lot Perimeter Requirements: All buffers between different land uses may include any required perimeter parking lot landscape strips (see Section 8.2) when calculating the minimum width of the buffer. 12-13-12-9 Buffers along Pathways: All commercial, industrial, and office developments shall provide a five (5) foot wide minimum buffer adjacent to any planned pathways in the CityDs Comprehensive Plan or Park System Master Plan. The buffer shall be planted with a minimum of one (1) tree per thirty Five (35) lineal feet. 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 special circumstances or conditions affecting the property that the strict application of the provisions of this Title would clearly be impracticable or unreasonable: staff finds that where the common property line shared by Lots 1 and 2 has already been improved with asphalt, making the strict application of the current Landscape Ordinance impracticable. However, staff finds that there are no such spedal circumstances or conditions that would make the application of the required ten-foot landscape buffer along Commercial Court impracticable or unreasonable. There is plenty of parking for the current use and the installation of a new landscape buffer would limit the cut through FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 7 of 16 ORDER OF DECISION GRAN'I~4G A VARIANCE / VAR-01-OI2 / ELIXIR SUBDIVISION traffic. Furthermore, the ten-foot wide street-side landscape buffer would promote a unifom~ appearance with the other street-side landscape buffers within the Subdivision (adjacent to Lots 1 and 3). If the buffer were eliminated it would make Lot 2's appearance look out of place with the surrounding properties. 13. The strict compliance with the requirements of this Tide 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 obiectives of this Title; staff finds that the lot does not possess any unusual topography, physical condition or other condition that would have made compliance with the setback requirements difficult or impossible. However, it would be unreasonable to request the applicant to meet the current ordinance as previously mentioned for buffer between land uses. 14. 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; staff finds that the requested variance for reducing the setback between land uses will not be detrimental to the public's welfare. Granting the variance will not be injurious to other property in the area. Public testimony was presented over the road and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 8 of 16 ORDER OF DECISION GRA~TING A VAILIANCE / ¥AR-01-012 / ELLXIR SUBDIVISION landscaping on the north side, which the road and landscaping would affect surrounding property owners. 15. That such variance will not have the effect of altering the interest and purpose of this Title and the Meridian Comprehensive Plan: Part 1 - Staff finds that the issuance of a variance for this project would not violate the intent and purpose of the Meridian City Code and the Comprehensive Plan. Part II - Staff finds that the issuance of a variance for the ten-foot landscape setback along Con~aercial would not be in the interest of the adopted Landscape Ordinance, which seeks to create aesthetically-pleasing streets in Meridian. 16. The applicant paid the fee established by the City Council for application for a 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, Tide 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 § 1 I- 18. 3. That the requirements for the processing of a variance request are set forth FI2qDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 9 of 16 ORDER OF DECISION GRANTING A VARIANCE / VAR-01-012 / ELIXIR SUBDMSION 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 interest and purposes of the Zoning and Development Ordinance and the Meridian Comprehensive Plan. 5. Meridian City Code, §§ 12-13-10-4 - Street Buffers, Buffer Size, and 12-13-12 Buffers Between Different Land Uses, and in the L-O zone if granted the variance, provides as follows: 12-13-10-4 STREET BUFFERS: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 10 of 16 ORDER OF DECISION GKANTING A VARIANCE / VAR-01-012 / ELIXIR SUBDMSION 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) 25 feet Entryway Corridors (as defined in the Comprehensive Plan) 35 feet Interstate 84 50 feet 12-13-12 BUFFERS BETWEEN DIFFERENT LAND USES: 12-13-12-1 Purpose: The landscape requirements in this section are intended to ensure incompatible, adjoining land uses are adequately protected and are provided an appropriate amount of land separation to conduct permitted uses without causing adverse impact. An incompatible land use is defined as one that is more intensely developed than its neighbor (as defined herein under section 9.4) and typically involves minimizing potential nuisances such as noise, dirt, litter, glare of lights, or other objectionable activities. The buffers are required along the entire contiguous property line. 12-13-12-2 Responsibility for Buffer Construction: The required buffer between different land uses shall be provided by the higher intensity use and shall be located on the building site of the higher intensity use, except as determined otherwise by the Planning Director after written request. If a lower intensity use is proposed adjacent to an existing higher intensity use with no buffer, the lower intensity use must provide the required buffer. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / VAR-01-012 / ELIXIR SUBDMSION Page 11 of 16 12-13-12-3 Buffer Materials: The materials within the required buffer between incompatible land uses are regulated as follows: Mix of Materials All buffer areas shall be comprised of, but not limited to, a mix of evergreen and deciduous trees, shrubs, lawn, or other vegetative groundcover. Fences, walls and berms may also be incorporated into the buffer area. Barrier Effectiveness The required buffer area shall result in an effective barrier within three (3) years and be maintained such that sixty percent (60%) or more of the vertical surface is closed and prevents the passage of vision through it. Trees may be spaced closer as necessary to achieve this goal. Buffer Walls Where existing or proposed adjacent land uses cannot be adequately buffered with plant material(s), the City may require inclusion of a wall, fence, or other type of screen that mitigates noise and/or unsightly uses. If a wall or fence at least six (6) feet tall is provided, the planting requirement may be reduced to at least one tree per 35 lineal feet, plus shrubs, lawn, or other vegetative groundcover must be provided within the buffer area, in lieu of the requirements of subsection B. Do Chalnlink Fencing Chainlink or cyclone fencing, with or without slats, is prohibited within required buffers between different land uses. Chainlink may be used beyond the required buffer. Chainlink fencing does not qualify as a screening material; therefore the buffer must still be landscaped as per subsection B, even if a chainlink fence is provided. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / VAR-01-012 / ELIXIR SUBDMSION Page 12 of 16 12-13-12-4 Land Use Intensity Classifications: The table below is intended to provide a general classification of land use intensities for commonly proposed developments and is not a comprehensive list. If a land use is not listed, the intensity classification shall be determined by the Planning Director based upon the nearest use listed. Class I Class II Class III Class IV Class V Single Family Multi-Family Offices Restaurants Heavy Homes Dwellings , Manufacturing Duplexes Child Care Neighbor. Hotel/Motel Contractor Yards Centers Comm. Golf Courses Libraries Middle General Retail Processing Plants Schools Cemeteries , Senior Centers , High Schools Grocery Stores Recycling Parks Nurseries/Greenho Personal Parking Garages uses Services Elementary Quasi Public Warehouses Vacant Land Schools Uses zoned: Vacant Land Clinics Storage Facilities I-L zoned: R-2 Vacant Land Indoor zoned: Manufacturing R-3 R- 15 Vacant Land zoned: R-4 R-40 L-O Vacant Land ~ zoned: i I C-G, c-c R-8 12-13-12-5 Minimum Buffer Widths The minimum buffer width between incompatible land uses is based on the following table: I Intensity Class of I Proposed Use I Intensity Class of Adjacent Use II I III IV V FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / VAR-01-012 / ELIXIR SUBDIVISION Page 13 of 16 IV 25 20 20 : :: V 35 30 25 20 Table Notes: a) Buffer widths are shown in feet. b) No buffer is required for blank (shaded) cells, mxless an existing, adjacent and higher intensity use has not provided a buffer. In such cases, the lower intensity use must provide the buffer as per 9.2. c) The buffers between land uses are required only along contiguous lot lines. If incompatible land uses are across a public street from one another, the street buffer requirements of Section 7 apply. 12-13-12-6 Pedestrian Access: Landscaping and screens shall not eliminate pedestrian access from residential development to abutting commercial districts and vice versa. 12-13-12-7 Existing Partial Buffers: If all or any part of the buffer has been provided on the adjacent property, the proposed use must provide only that amount of the buffer which has not been provided on the adjacent property. 12-13-12-8 Relationship to Parking Lot Perimeter Requirements: All buffers between different land uses may include any required perimeter parking lot landscape strips (see Section 8.2) when calculating the minimum width of the buffer. 12-13-12-9 Buffers along Pathways: Ail commercial, industrial, and office developments shall provide a five (5) foot wide minimum buffer adjacent to any planned pathways in the CityDs Comprehensive Plan or Park System Master Plan. The buffer shall be planted with a minimum of one (1) tree per thirty five (35) lineal feet. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / VAR-01-012 / ELIXIR SUBDMSION Page 14 of 16 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 approval of the landscape buffer reqtfirement between Lots 1 and 2 (Part I in Finding 15 above). 2. The applicant is hereby denied the elimination of the required street buffer adjacent to Conmaercial Court. 3. That staff and the applicant shall work out the landscaping pertaining to the area in front of the existing building. 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 Streets Buffers and Landscape Buffers Between Different Land Uses, requirements in the L-O Zone as provided in the Sections 12-13-10-4 and 12-13-12, 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-01-012 / ELIXIR SUBDIVISION Page 15 of 16 By action of the City Council at its regular meeting held on the ROLL CALL: COUNCILMAN ~N VOTED /q day COUNCILMAN KEITH BIRD VOTED COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE McCANDLESS VOTED__~ VOTED MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: ~ ~-/q--O ~-- MOTION: APPKOVED:~DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and the City Attorney office. Dated: Z:\Work~[~Meridian~vlexidian 153601vlXElixiet gub RZ01-006 PP01-014 VAR01 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / VAR-01-012 / ELIXIR SUBDMSION Page 16 of 16 EAGLE RD