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HomeMy WebLinkAboutSilverstone Business VAR03-016BEFORE THE MERIDIAN CITY COUNCIL C/C 09/02/03 IN THE MATTER OF THE APPLICATION OF SUNDANCE INVESTMENTS, FOR A VARIANCE FOR BLOCK LENGTH IN THE SILVERSTONE CAMPUS SUBDIVISION, LOCATED EAST OF EAGLE ROAD AND SOUTH OF OVERLAND ROAD ,MERIDIAN, IDAHO VAR-03-016 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 2, 2003, and Anna Powell Planning Director for the Planning and Zoning Department, Cornell Larson, and Edward J. Thomas, appeared and testified, and the City Council having received the transmittal to agencies and having received the variance applicafion, 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 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 amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382 and Maps. 2. The requirements of Idaho Code §§ 67-6509, 6516 and Meridian Ciry Code §§ 11-15- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING AVARIANCE / VAR-03-016 SILVERSTONE CAMPUS SUBDIVISION PAGE 1 OF 8 5 and 12-11-3 as evidenced in the record of this matter. The Applicant is Sundance Investments Ltd. Partnership. 4. The owners of record of the subject property-are Sundance Investments Ltd. Partnership, who owns the two (2) largest parcels, totaling approximately 77.8 acres. Ada County Highway District owns the third parcel (2.9 acres) along the east boundary. The location ofthe subject property is presently located east of Eagle Road and south of Overland Road, Meridian, Idaho within a present R-1 zone, with a C-G requested. 6. The legal description of the property appertains to the real property that is included within the Vicinity Map, and which legal description and Vicinity Map appear in the record of proceeds of this matter, and which are on file with the Meridian City Clerk's office. 7. The present land use of subject property is presently zoned as R-1, and which subject property is presently vacant land. 8. The proposed land use of subject property is to develop the subject property in the following manner: 481ot commercial subdivision with 6 other lots on 80.51 acres. 9. That a Vicinity Map, which is on file with the Meridian City Clerk's office, 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, Sundance Investments, has requested a variance from Section 12-4-5 of the MCC, which prohibits residential block lengths from exceeding 1,000 feet. 11. The Applicant seeks a variance of the following provision of the Meridian City Code, §12-4-5, BLOCKS, and in the C-G zone if granted the re-zone, which provides as FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING AVARIANCE / VAR-03-016 SILVERSTONE CAMPUS SUBDIVISION PAGE 2 OF 8 follows: 12-4-5 BLOCI{S: Every block shall be so designed as to provide two (2) tiers of lots, except where lots back onto an arterial street, natural feature or subdivision boundary. Blocks shall not be less than five hundred feet (500') nor more than one thousand feet (1,000') in length. 12. All four (4) blocks [Blocks 1, 2, 3, and 4] of the proposed Silverstone Campus Subdivision exceed the 1,000-foot maximum block length. The applicant has given the following reasons for the variance request: a. Unique nature of the site; b. A desire to provide a commercial/flex building product, which requires a high degree of flexibility with building and lot sizes in the future; c. The site is bisected by the Eight Mile Drain, creating a natural barrier to lot layout; d. Site was laid out to maximize access to lots and minimize costs to the Owner in excess asphalt and roadway work. The applicant is proposing a public, multi-use pathway along the Eight Mile Drain in an effort to reduce the impact of the long blocks. If the PD and plat applications were being processed together, this Variance application would not be necessary in that reductions to development standards can be proposed as part of the PD. However, since staff mis-directed the applicant and said a PD would not be necessary, the Variance was submitted and must be approved in order for the preliminary plat to be approved. 13. Silverstone Corporate Center to the west provided only one stub street to this property. Silverstone Business Campus is utilizing this stub (Copper Point Dr.). However, no other stub streets were provided. So, the west boundary block length lock 1 is clearly affected by the existing conditions. Block 2 (the middle block) is primarily impacted by the Eight Mile Drain, which bisects the block with an 80-foot wide easement. Block 2 is also impacted by a 3 + acre, regional stotmwater detention pond for ACHD run-off. Sutherland Farms to the south provided FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING AVARIANCE / VAR-03-016 SILVERSTONE CAMPUS SUBDIVISION PAGE 3 OF 8 only one stub street to this property (Knapp Ave.), which 5ilverstone is proposing to extend. So, the south boundary block length Block 4 is also clearly affected by existing conditions. Block 3 along the east boundary is the main block. The block is over a half mile in length and provides just one stub street to the east. However, the block is broken up by the proposed multi-use pathway on the south side of the Eight Mile Drain. The City has historically viewed some pedestrian pathways as justification for reducing the block length. 14. As noted in number 13 above, it is found that strict compliance with the City's block length ordinance would not be of benefit to the City, the surrounding properly owners or the applicant, except possibly on the east boundary within Block 3. To the east, there needs to be consideration of the potential impacts and benefits to future residential users. Based on existing circumstances that were not a result of the applicant's action, it is found that strict compliance to the MCC 12-4-5 would be unreasonable and would not result in inhibiting the objectives of the MCC. 15. It is not anticipated that the variance will not be detrimental to the public's welfare or injurious to other properties in the area. As a commercial development, emergency services turnarounds will be accommodated within future parking lots and cross-access easements. 16. It is found that the issuance of a variance to the 1,000-foot maximum block length for Silverstone Campus Subdivision will not have the effect of altering the purpose and interest of the Zoning Ordinance. 17. All property owners within three hundred feet (300') ofthe external boundaries have been nofified by mail, and their mailing addresses may be obtained from the list on file with the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING AVARIANCE / VAR-03-016 SILVERSTONE CAMPUS SUBDIVISION PAGE 4 OF 8 Planning and Zoning Department. 18. The variance would not constitute any special privilege for the property owner that could not be sought by owners of other land in the same situafion, and the request does not conflict with any provisions of the Comprehensive Plan. 19. The applicant paid the fee established by the City Council for application variance. 20. The applicant shall be required to comply with all the conditions and requirements of the corresponding applications, Annexation and Zoning - AZ-03-016, and Preliminary Plat - PP-03- 018. CONCLUSIONS OF LAW 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. 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 fmdings which are required are set forth in Meridian City Code § 11-18-3, include required findings that there are special circumstances or condifions affecting the property that strict FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING AVARIANCE / VAR-03-016 SILVERSTONE CAMPUS SUBDIVISION PAGE 5 OF 8 application of the provisions of Zoning and Development Ordinance would clearlybe impracticable and unreasonable, and a finding that strict compliance with the requirements of the Zoning and Development Ordinance would result iri 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, § 12-4-5, BLOCKS, and in the C-G zone, if granted the re- zone, provides as follows: 12-4-5 BLOCKS: Every block shall be so designed as to provide two (2) tiers of lots, except where lots back onto an arterial street, natural feature or subdivision boundary. Blocks shall not be less than five hundred feet (500') nor more than one thousand feet (1,000') in length. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FIlVDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: That the Applicant is hereby granted a variance from the 1,000 foot minimum block length requirement for all four blocks [Blocks 1, 2, 3, and 4] of the proposed Silverstone Campus FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING AVARIANCE / VAR-03-016 SILVERSTONE CAMPUS SUBDIVISION PAGE 6 OF 8 Subdivision to exceed the 1,000' maximum block length in the C-G zone. Additionally, the applicant shall be required to comply with all the conditions and requirements of the corresponding applications, Annexation and Zoning - AZ-03-016, and Preliminary Plat - PP-03-018. 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 Section 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of a variance authorizing a variance of the Block Requirements in the R-8 Zone as provided in the Section 12- 4-5 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 2 ~ of ~~.~-~L~. 2003. ROLL CALL: COUNCILMAN KEITH BIRD VOTED__~~ Zw COUNCILWOMAN TAMMY deWEERD VOTED COUNCILWOMAN CHERIE McCANDLESS VOTED COUNCILMAN WM. L. M. NARY VOTED~2®C.~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING AVARIANCE / VAR-03-016 SILVERSTONE CAMPUS SUBDIVISION PAGE 7 OF 8 day MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: ~ Z3- O,3 MOTION: APPROVED: VOTED DISAPPROVED: P~cr~ sue.--F Copy served upon Applicant, the and the City Attorney office. City Clerk Public Works Department, Dated: /~Z%~~o~ Z:\Work\M~NeridinnN-teridian 15360N<tSilveistone Business Cen[er VAR-03-O16\FfC]sGrantVariance.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OFDECISION GRANTING AVARIANCE / VAR-03-016 SILVERSTONE CAMPUS SUBDIVISION PAGE 8 OF 8 \`~~unnurn»~~ A7i'eYLL .~ _,, /h COUNTY ~~~~~~~ ~''~h+tn~ nt6tt"```