HomeMy WebLinkAboutBower Street, LLC, The VAR-00-019BEFORE THE MERIDIAN CITY COUNCIL
C/C 09-13-00
IN THE MATTER OF THE )
APPLICATION OF THE BOWER )
STREET, LC; FOR A VARIANCE )
OF THE REQUIRED SIZE AND )
NUMBER OF TREES FROM )
37THREE-INCH CALIPERS TO )
27 TWO-INCH CALIPERS FOR A )
PROPOSED WAREHOUSE )
BUILDING AT 301 E. 5TM )
STREET, MERIDIAN, IDAHO )
VAR-O0-O 19
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 5, 2000, and continued until September 13, 2000, and at the
September 13, 2000 meeting, Steve Siddoway, Planner for Planning and Zoning, appeared
and testified, and Walt Morrow appeared and testified in opposition, 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
FINDINGS OF FACT
1. The City Council tal<es judicial notice of its Zoning, Subdivisions and
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 1 of 10
ORDER OF DECISION GRANTING A VARIANCE / VAR-00-019
THE BOWER STREET, LLC (WAREHOUSE/OFFICE)
follows to-wit:
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 12-11-3 as evidenced in the record of this matter.
3. The Applicant is Bower Street, LC, whose address is 5446 W. State
Street, Boise, Idaho 83703.
4. The owners of the property are The Bower Street, LC, whose address is
5446 W. State Street, Boise, Idaho 83703.
5. The location of the subject property is presently located in the Light
Industrial District (I-L) zone, and which subject property is located at 283 and 301 ·
East Fifth Street, Meridian, Idaho 83642.
6. The legal description of the property appertains to the real property that
is included within the Vicinity Map as appears in the record of proceeds of this matter,
and is described as follows:
A parcel of land being part of Lot 6, and all of Lots 7 and 8, in Block 1 of Meridian
Business Park, a subdivision, according to the official plat thereof, records of Ada
County, Idaho, which parcel is more particularly described as follows:
Commencing at the Northwest corner of said Lot 8, Block 1, of Meridian Business
Park; thence South 00018'57" West 85.25 feet to a point; thence
South 00°31'11" West 252.03 feet to a point on the Westerly boundary of said Lot 6;
thence
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ORDER OF DECISION GRANTING A VARIANCE / VAR-00-019
THE BOWER STREET, LLC (WAREHOUSE/OFFICE)
North 89020'30'' East 260.05 feet to a point on the Easterly boundary of said Lot 6;
thence
North 00°31'11" East 312.21 feet to a point of curve; thence
along a curve to the left, said curve having a central angle of 90°03'57'', a radius of
20.00 feet, and a long chord bearing North 44030'47'' West 28.30 feet to a point;
thence
North 89032'46'' West 240.28 feet to the point of beginning.
7. The present land use of subject property is presently zoned Light
Industrial (I-L), and which subject property is presently vacant.
8. The proposed land use of subject property is to develop the subject
property by building a 25,000 square foot warehouse with 4,000 square foot office.
9. That a vicinity map, 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 seelcs a variance of the following provision of the Meridian
City Code, § 11,13-4 B 3, DESIGN STANDARDS FOR OFF-STREET PARKING,
BLOCKS, SCREENING, and in the I-L zone it provides as follows:
11-13-4 B 3: SCREENING:
a. Whenever a commercial off-street parMng area is located in or adjacent to
a ~residential district, it shall be effectively screened on all sides which
adjoin or face any property used for residential purposes by a wall, fence,
or planting screen that is not less than four feet (4') in height plus a
planting strip of four feet (4') minimum width or in an alternate
arrangement as approved by the Commission.
b. Suitable landscaping and ground cover shall be provided and maintained
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ORDER OF DECISION GRANTING A VARIANCE / VAR-00-019
THE BOWER STREET, LLC (WAREHOUSE/OFFICE)
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on a continuing basis within the planting strip. Planting screens or
hedges shall not exceed two feet (2') in height where location is such that
sight lines are necessary for vehicular movement across pedestrianways.
At least one tree of not less than three inches (3") diameter size class shall
be provided for every one thousand five hundred (1,500) square feet of
pavement area:
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 three lots have 3 unusual easements that
do not allow the planting of trees or other shrubs as follows:
a. Bower Street has an original townsite 80' right-of-way.
b. Ada County Highway District has an additional ten-foot-wide easement
to allow for a street drainage drainfield.
c. Along the entire west property line, Nampa-Meridian Irrigation District
has a 40' easement.
Also, in regard to the 3" caliper trees, due to the fact that many nurseries are
reporting a shortage or complete lack of 3" caliper trees, the applicant requests a
reduction in the minimum tree caliper size to 2".
13. The minimum requirements of the ordinance that need to be reduced to
permit the proposed use would be the elimination of the requirement of one 3" caliper
tree per 1,500 square feet of asphalt. Applicant requests reduction from 37 trees to 25
trees, with reduction in caliper from 3" to 2". Due to the easements involved, applicant
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 4 of 10
ORDER OF DECISION GRANTING A VARIANCE / VAR-00-019
THE BOWER STREET, LLC (WAREHOUSE/OFFICE)
feels they have maximized the number of trees provided on the site. The variance
requests a reduction in the required trees to 25 two-inch caliper trees.
14. The difficulty or hardship which would result if the requirements of the
ordinance were applied to the subject property is that the property is hindered by
unusual drainage and irrigation easements. If required to follow the ordinance, the lot
becomes non-functional and will not meet the requirements of the business.
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 that other properties are not burdened with the easements
and rights-of-way. At this time the 3" caliper trees are not able to be obtained which
are needed for the building which is now under construction. Additionally, the
property has drainage and irrigation easements which are peculiar to the land.
16. A literal interpretation of the provisions of the ordinance would deprive
the Applicant rights because the provisions of the Ordinance would make the property
unusable by the intended tenant, and a certificate of occupancy will not be issued if the
site does not comply with City Ordinance.
17. The existence of special circumstances or conditions affecting the
property is that the circumstances of the property, in regard to the easements, were the
result of govemmental actions and not those of the applicant. Nurseries in the valley
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 5 of 10
ORDER OF DECISION GRANTING A VARIANCE / VAR-00-019
THE BOWER STREET, LLC (WAREHOUSE/OFFICE)
are reporting unavailability of certain species in the 3" caliper trees.
18. Granting the variance would maintain rights which would be afforded to
others in the same situation.
19. The Comprehensive Plan for the I-L District is to provide for light
industrial development and opportunities for employment for Meridian citizens and
area residents and reduce the need to commute to neighboring cities; to encourage the
development of manufacturing and wholesale establishments which are clean, quiet and
free of hazardous or objectionable elements, such as noise, odor, dust, smoke or glare
and that are operated entirely or almost entirely within enclosed structures; to
delineate areas best suited for industrial development because of location, topography,
existing facilities and relationship to other land uses.
20. The variance would allow the applicant to maximize the most efficient
use of the land and maximizing the landscaping with the usage.
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 6 of 10
ORDER OF DECISION GRANTING A VARIANCE / VAR-00-019
THE BOWER STREET, LLC (WAREHOUSE/OFFICE)
and purpose of the Subdivision or Development Ordinance and/or the City's
Comprehensive Plan for the reasons stated above.
23.
variance.
The applicant paid the fee established by the City Council for application
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 5 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 5 67-6516
by the enactment as a part of its Zoning and Development Ordinance variances, as'set
forth in Meridian City Code 5 11-18.
3. That the requirements for the processing of a variance request are set forth
in Idaho Code 55 67-6509, 6516 and Meridian City Code 55 11-15-5 and 11-17-5.
4. Application and standards for variances are set forth in Meridian City Code
5 11-18-2, and the findings which are required are set forth in Meridian City Code 5 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
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ORDER OF DECISION GRANTING A VARIANCE / VAR-00-019
THE BOWER STREET, LLC (WAREHOUSE/OFFICE)
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 mal<e 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, § 11-13-4 B 3, DESIGN STANDARDS FOR OFF-
STREET PARIrdNG, BLOCICS, SCREENING, and in the I-L zone if granted the
re-zone, provides as follows:
11-13-4 B 3: SCREENING:
a. Whenever a commercial off-street parldng area is located in or adjacent to
a residential district, it shall be effectively screened on all sides which adjoin
or face any property used for residential purposes by a wall, fence, or
planting screen that is not less than four feet (4') in height plus a planting
strip of four feet (4') minimum width or in an alternate arrangement as
approved by the Commission.
b. Suitable landscaping and ground cover shall be provided and maintained on
a continuing basis within the planting strip. Planting screens or hedges shall
not exceed two feet (2') in height where location is such that sight lines are
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 8 of 10
ORDER OF DECISION GRANTING A VARIANCE / VAR-00-0 ! 9
THE BOWER STREET, LLC (WAREHOUSE/OFFICE)
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necessary for vehicular movement across pedestrianways.
At least one tree of not less than three inches (3") diameter size class shall
be provided for every one thousand five hundred (1,500) square feet of
pavement area.
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 screening
requirements for The Bower Street, LC project for a 25,000 square foot warehouse with
a 4,000 square foot office in the I-L zone. Applicant shall only be required to install
twenty-five (25) trees that are two inch (2") caliper diameter, as detailed in the site plan
submitted with the variance application.
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 Screening Requirements in the I-L'
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 9 of 10
ORDER OF DECISION GRANTING A VARIANCE / VAR-00-019
THE BOWER STREET, LLC (WAREHOUSE/OFFICE)
By action of the City Council at its regular meeting held on the
, 0oo.
day of
ROLL CALL:
COUNCILMAN RON ANDERSON
COUNCILMAN KEITH BIRD
COUNCILPERSON TAMMY deWEERD
COUNCILPERSON CHERIE McCANDLESS
VOTED
VOTED
VOTED
VOTED
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: //dS)---,ff ~ff{5)
VOTED
MOTION:
--
DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department, and the City Attorney office, o~' --~ ~L'",,,,
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ORDER OF DECISION GRANTING A VARIANCE / VAR-00-019
THE BOWER STREET, LLC (WAREHOUSE/OFFICE)
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A Manufacturing, Stora£e and Wholesale ; _,, ,
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