HomeMy WebLinkAboutMicron Technology/Crucial Technology VAR-00-018BEFORE THE MERIDIAN CITY COUNCIL
C/C 1 O- 17-00
IN THE MATTER OF THE )
APPLICATION OF MICRON )
TECHNOLOGY / CRUCIAL )
TECHNOLOGY, FOR A )
VARIANCE OF THE REQUIRED )
SIZE OF TREES FROM THREE- )
INCH CALIPERS TO TWO-INCH )
CALIPERS TO BE IN )
COMPLIANCE WITH THE )
PROPOSED LANDSCAPING )
ORDINANCE FOR MICRON )
TECHNOLOGY clgo/a CRUCIAL )
TECHNOLOGY, LOCATED OFF )
EAGLE ROAD BETWEEN )
FRANK_LIN ROAD AND )
FAIRVIEW AVENUE, MERIDIAN, )
IDAHO )
VAR-O0-O 18
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 October ! 7, 2000, Shaft Stiles, Planning and Zoning Administrator, appeared
and testified, and no one appeared 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 mal, e the following
Findings of Fact and Conclusions of Law and Order of Decision, as follows to-wit:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 1 of 10
ORDER OF DECISION GRANTING A VARIANCE / VAR-00-018
MICRON / CRUCIAL TECHNOLOGY
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 12-11-3 as evidenced in the record of this matter.
3. The Applicant is Micron Technology d/b/a Crucial Technology, whose
address is 3475 E. Commercial Court, Meridian, Idaho 83642.
4. The owner of the property is Micron Technology d/b/a Crucial
Technology, whose address is 3475 E. Commercial Court, Meridian, Idaho 83642.
5. The location of the subject property is presently located in the Light
Industrial District (I-L) zone, and which subject property is located off Eagle Road
between Franldin and Fairview, 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:
The East one half of Lot 2 and all of Lot 3, Block 1, Commerce Park Subdivision, according to
the plat thereof, filed in Book 45 of Plats at Pages 3721 and 3722, records of Ada County, Idaho
amended by Affidavit recorded February 19, 1981 as Instrument No. 8107039.
7. The present land use of subject property is presently zoned Light
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Industrial (I-L), and which subject property is presently a fadlity that presently
comprises approximately 29,750 sq. ft. of electronic goods warehousing, packaging and
shipping and 35,300 Sq. ft. of supporting office space and telephone call center.
8. The proposed land use of subject property is to expand the existing
parking lot on the south side of the property.
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 seeks a variance of the following provision of the Meridian
City Code, § 1 !-13-4 B 3 c, DESIGN STANDARDS FOR OFF-STREET PARIrdNG,
BLOCKS, SCREENING, and in the I-L zone it provides as follows:
11-13-4 B 3 c: SCREENING:
a. Whenever a commercial off-street parking 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 necessary for vehicular movement across pedestrianways.
c. 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
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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 proposed parking lot design utilizes the
landscaping which exceeds the proposed Landscape Ordinance.
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 3" caliper trees
tO 2".
14. The difficulty or hardship which would result if the requirements of the
ordinance were applied to the subject property is that the larger trees required by the
current Landscape Ordinance are difficult to obtain. The available landscape area will
be heavily planted with trees, as proposed. Additional trees would present
maintenance problems caused by overcrowding.
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 with the new Landscape Ordinance expected to be
adopted in the near future, this variance would result in this property being well in
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MICRON / CRUCIAL TECHNOLOGY
compliance as soon as the new ordinance is approved. Other properties are not in
compliance with the current Landscape Ordinance.
16. A literal interpretation of the provisions of the ordinance would deprive
the Applicant rights because the provisions of the Ordinance if applied, the owner
would not enjoy the improvements required by the new ordinance.
17. The existence of special circumstances or conditions affecting the
property is that the circumstances of the property are that nurseries in the valley 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.
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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 iniurious 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
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
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
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MICRON / CRUCIAL TECHNOLOGY
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 clearly 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, 5 11-13-4 B 3 c, DESIGN STANDARDS FOR OFF-
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 7 of 10
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MICRON / CRUCIAL TECHNOLOGY
STREET PARIrdNG, BLOCICS, SCREENING, and in the I-L zone if granted the
re-zone, provides as follows:
11-13-4 B 3 c: SCREENING:
Co
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.
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
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 Micron Technology d/b/a Crucial Technology and shall only be required
to install two (2") inch caliper diameter trees, as detailed in the site plan submitted with
the variance application.
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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 11-13-4 B 3 c 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
,2000.
ROLL CALL:
COUNCILMAN RON ANDERSON VOTED
COUNCILMAN KEITH BIRD
VOTED
COUNCILPERSON TAMMY deWEERD
VOTED
COUNCILPERSON CHERIE McCANDLESS VOTED
MAYOR ROBERT O. CORRIE (TIE BREAKER) VOTED
DATED:
day of
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 9 of 10
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MICRON / CRUCIAL TECHNOLOGY
MOTION:
APPROVED:~
DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department, and the City Attorney office. -,~o~"u"u~l~,
By:~~~~~C]ty Clerk ' Dated: //-~'~0i (~' '~~}
~Z:'Work~di~ 15360~i~n ~d Crucial Tec~olo~ V~018~ls~tVm~ce ~ ~~,~.~ ,,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 10 of 10
ORDER OF DECISION GRANTING A VARIANCE / VAR-00-018
MICRON / CRUCIAL TECHNOLOGY
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