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HomeMy WebLinkAboutFarmers & Merchants VAR 03-021BEFORE THE MERIDIAN CITY COUNCIL C/C 01/20/04 Revised per C/C 02/03/04 IN THE MATTER OF THE APPLICATION OF CSHQA FOR A VARIANCE FOR PARKING OF 46 STALLS WITH 13 DIAGONAL ON STREET PARKING STALLS IN AN OT ZONE FOR FARMERS AND MERCHANTS STATE BANK, LOCATED AT 703 NORTH MAIN STREET, MERIDIAN, IDAHO VAR-03-021 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 January 20, 2004, and Brad Hawkins-Clark Assistant Planner for the Planning and Zoning Department, Craig Slocum, Ed Zimmerman, and Terry Amos, appeared and testified, 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 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 ofthe City ofMeridian and all current zoning maps FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING AVARIANCE / VAR-03-021 FARMERS AND MERCHANTS STATE BANK PAGE 1 OF 10 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 City Code §§ 11-15- 5 and 12-11-3 as evidenced in the record of this matter. 3. The Applicant is CSHQA whose address is 250 South Ss' Street, Boise, Idaho. 4. The owner of the property is Farmers and Merchants State Bank whose address is 5238 Fairview Ave, Boise, Idaho. 5. The location of the subject property is presently located on the north side of Broadway Ave. between Meridian Road and Main Street, physical address is 703 North Main Street, Meridian, Idaho within a present OT (Old Town) zone. 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 Ciry Clerk's office. The present land use of subject property is presently zoned as OT (Old Town), and which subject property presently has an existing bank and a vacant lot. 8. The proposed land use of subject property is to develop the subject property in the following manner: new bank facility with drive through banking. 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 seeks a variance of the following provision of the Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING AVARIANCE / VAR-03-021 FARMERS AND MERCHANTS STATE BANK PAGE 2 OF 10 City Code, § 11-13-S.B.2, Schedule of Parking Space Requirements -Commercial, and in the OT zone, which provides as follows: 11-13-S.B.2 CommerciaL• TYPE OF USE 2. Commercial: Banks, financial institutions and similar uses Clinic (medical, dental, optical) and veterinary animal hospital or clinic Department store Drive-in establishment Mortuaries Professional offices .Retail stores Sales (automotive, mobile home, Travel trailers, farm implements) Service station and motor vehicle repair (major or minor) PARHING SPACE REQUIRED 1 for each 200 sq. ft. of gross floor area 1 for each 200 sq. ft. of gross floor area of examination, treating room, office, and waiting room 1 for each 400 sq. ft. of gross floor area 5 reserved spaces per customer Service window 1 for every 3 seats, plus 1 parking space for each funeral vehicle kept on the premises 1 for each 400 sq. ft. of gross floor area 1 for each 200 sq. ft. of gross floor area 1/3 of the sales lot for designated customer parking 2 for each service bay 11. All property owners within three hundred feet (300') ofthe 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING AVARIANCE / VAR-03-021 FARMERS AND MERCHANTS STATE BANK PAGE 3 OF 10 12. The applicant, CSHQA, is requesting a variance from MCC 11-13-S.B.2, Schedule of Parking Space Requirements -Commercial, which requires banks, financial institutions, or similar uses to provide parking space as follows: 1 space for each 200 sq. ft. of gross floor area. 13. The Applicant is requesting a variance from section 11-13-S.B.2 of the MCC to be able to run concun•ently with the conditional use permit request for a new 16,000 sq. ft. full service bank building with three drive through teller lanes. The site accommodated the required number of pazking stalls for the original 7,344 sq. ft. structure, but the revised plan does not meet parking requirements based on the lazger structure. The proposed revised bank building is 16,000 sq. ft. of that area, 1,500 sq. ft. is uninhabitable mechanical and storage space in the basement, leaving 14,500 sq. ft. gross floor area of habitable space. Ordinance requires 1 off- street parking space per 200 sq. ft. of gross floor area, for a total of 73 spaces. The proposed site plan shows 46 off-street parking stalls, 11 of which are on the existing Farmers & Merchants site. There are also 13 diagonal on-street parking spaces proposed on Broadway Avenue adjacent to the project, for a total of 59 stalls. If the existing structure remains, the 11 spaces would not be built leaving a total of 48 spaces, 35 of which are off-street. 14. Strict application of the ordinance would require the applicant to build a smaller building in order to meet parking requirements. However, the smaller building is of a design more compatible with an office park development, than a downtown. The larger building is more compatible with existing historic structures downtown and is more closely aligned with the current vision for downtown structures. Requiring the applicant to construct a smaller building would not set the desirable precedent for building design in the downtown area. Therefore, the strict FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING AVARIANCE / VAR-03-021 FARMERS AND MERCHANTS STATE BANK PAGE 4 OF 10 application of the parking standard makes the provisions of this Title impracticable and unreasonable. 15. As addressed above in number 14, it is found that strict compliance with the City's parking schedule in this area of downtown would not be of benefit to the City, the surrounding property owners or the applicant. The Comprehensive Plan, page 99, envisions Old Town as the "true community center....In order to provide and accommodate preservation of the historical character, specific design requirements may be imposed. Pedestrian amenities would be emphasized." Requiring additional surface parking is not in harmony with the intended pedestrian-oriented nature of downtown. For additional goals related to Old Town, see Goals 2 and 3 on pages 40-41 of the Comprehensive Plan. MCC 11-17-3.B requires that the proposed development plan be harmonious with the goals of the Comprehensive Plan. It is found that strict compliance to the MCC 11-13-S.B.2 would inhibit the broader objectives of the Comprehensive Plan. In addition, it is highly likely that some of the building will be leased as professional office space, not associated with the bank. Parking requirements for professional offices are half of that required for the bank. While it is currently unknown how much of the space will be in non-bank office uses, it is fair to say that all such users will reduce the required parking on site. 16. It is found that the variance will not be detrimental to the public's welfare or injurious to other properties in the area. In fact, construction of the larger building should have FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING AVARIANCE / VAR-03-021 FARMERS AND MERCIIANTS STATE BANK PAGE 5 OF 10 the effect of enhancing property in the area and spur additional redevelopment. 17. It is found that the issuance of a variance to the parking schedule for Farmers & Merchants Bank will not have the effect of altering the purpose and interest of the Zoning Ordinance. The Old Town area is identifiable and sepazate from other zoning districts in the City and warrants special consideration in light of the goals of the Comprehensive Plan. 18. The applicant paid the fee established by the City Council for a variance application. 19. The applicant shall be required to comply with the Ada County Highway District report dated January 21, 2004, as follows: The ACHD acted on MCUP-03-050 -Farmers & Merchants State Bank. The conditions and requirements also apply to MVAR-03-021. 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. 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 are set forth in Meridian City Code § 11-18-2, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OFDECISION GRANTING AVARIANCE / VAR-03-021 FARMERS AND MERCHANTS STATE BANK PAGE 6 OF 10 and the findings which aze required are set forth in Meridian City Code § 11-18-3, include required findings that there aze special circumstances or conditions affecting the property that strict 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 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 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, § 11-13-S.B.2, Schedule of Parking Space Requirements - Commercial, and in the OT zone provides as follows: 11-13-S.B.2 Commercial: TYPE OF USE PARKIlVG SPACE REQUIRED 2. Commercial: Banks, financial institutions and similar uses 1 for each 200 sq. ft. of gross floor azea Clinic (medical, dental, optical) and veterinary animal hospital or clinic 1 for each 200 sq. ft. of gross floor azea of examination, treating room, office, and waiting room FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING AVARIANCE / VAR-03-021 FARMERS AND MERCHANTS STATE BANK PAGE 7 OF 10 Department store Drive-in establishment Mortuaries Professional offices Retail stores Sales (automotive, mobile home, Travel trailers, farm implements) 1 for each 400 sq. ft. of gross floor area 5 reserved spaces per customer Service window 1 for every 3 seats, plus 1 parking space for each funeral vehicle kept on the premises 1 for each 400 sq. fr. of gross floor area 1 for each 200 sq. ft. of gross floor azea 1/3 of the sales lot for designated customer pazking Service station and motor vehicle 2 for each service bay repair (major or minor) 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 for parking of 46 stalls with 13 diagonal on-street pazking stalls in the OT zone for Farmers and Merchants State Bank, and the Applicant shall also comply with the Ada County Highway District's report dated January 21, 2004 as follows: The Ada County Highway District acted on MCUP-03-050 for Farmers & Merchants State Bank, and the conditions and requirements also apply to the Variance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING AVARIANCE / VAR-03-021 FARMERS AND MERCHANTS STATE BANK PAGE 8 OF 10 NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAHINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 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 maybe adversely affected by this decision 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 ~ r~ day of ~.e~Y000ficyJ ~ , 2004. ROLL CALL: COUNCILMAN SHAUN WARDLE VOTED__~~ COUNCILMAN BILL NARY VOTED COUNCILMAN CHARLIE ROUNTREE VOTED COUNCILMAN KEITH BIRD VOTED_ ~~~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING AVARIANCE / VAR-03-021 FARMERS AND MERCHANTS STATE BANK PAGE 9 OF 10 MAYOR TAMMY de WEERD (TIE BREAKER A- DATED: ~~ ~~O y' VOTED MOTION: APPROVED: DISAPPROVED: ``,`i~~t~~nimutlin,,~ L. \` y OF MFRS ~ ti ~~ Attest: `~TF i7liarh L-i~.,Yla~ SEAL William G. Berg, Jr., City ler % 'yp r 3sS ,, ,~ ,:~ Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and the City Attorney office. ~~r`O"~pF uMni~,~"''. By: _~" Dated: = SEAL City Clerk = - ;~ y P ,~, Z:\Work\M'uMeridim\Ivleridian 15360M~Farmers and Merchants Stale Bank VAR-03-021\F'fL]sGrantVariance.c)'6¢r~ / C~~~1„`~Q`\ `~~~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING AVARIANCE / VAR-03-021 FARMERS AND MERCIIANTS STATE BANK PAGE 10 OF 10