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HomeMy WebLinkAboutVAR 03-019 Schwenkfelder Tire BEFORE THE MERH)IAN CITY COUNCIL C/C 01/13/04 IN THE MATTER OF THE APPLICATION OF PINNACLE ENGINEERS, INC., FOR A VARIANCE FOR A TIME EXTENSION OF FINAL PLAT FOR SCHWENKFELDER TIRE SUBDIVISION (fka COMMERCIAL TIRE SUBDIVISION), LOCATED ON THE WEST SIDE OF S. MERIDIAN ROAD, APPROXIMATELY 1/3 MILE _- = SOUTH OF W. FRANKLIN ROAD, IN THE~NE '/a OF SECTION 13, T.3N., R.1W., MERIDLAN, IDAHO VAR-03-019 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 13, 2004, and Anna Powell Planning Director for the Planning and Zoning Department, and David McKitmon, 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 1 I Municipal Code of the City of Meridian and all current zoning maps FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING AVARIANCE / VAR-03-019 PINNACLE ENGINEERS, INC. / SCHWENKFELDER TIRE SUBDIVISION 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 ofIdaho 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 Pinnacle Engineers, Inc. whose address is 12552 W. Executive Drive, Suite B., Boise, Idaho 83713. 4. The owner of record of the property is John and Bonnie Schwenkfelder, whose address is 1950 S. Cole Road, Boise, Idaho 83704. 5. The location of the subject property is presently located on the west side of S. Meridian Road, approximately 1/3 mile south of W. Franklin Road, in the NE '/ of Section 13, T.3N., R.1 W., Meridian, Idaho within a present C-G zone, General Retail and Service Commercial District. 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 located at 33 E. Idaho Street, Meridian. 7. The present land use of subject property is presently zoned as C-G (General Retail and Service Commercial District), and which subject property is presently vacant. 8. The proposed land use of subject property is to develop the subject property in the following manner: tire service center. 9. That a Vicinity Map, which is on file with the Meridian City Clerk's office, with the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING AVARIANCE / VAR-03-019 PINNACLE ENGINEERS, INC. / SCIIWENKFELDER TIRE SUBDIVISION PAGE 2 OF 10 proposed scale approved by the City Council showing property lines, existing streets, proposed district and such other items as required has been furnished. 10. The Applicant seeks a variance of the following provision of the Meridian City Code, §12-3-8, APPROVAL OF FINAL PLAT, and in the C-G zone, which provides as follows: 12-3-8 APPROVAL OF FINAL PLAT: A. Time Limited: Final plat shall be filed with the County Rewrder within one year after written approval by the Council; otherwise, such approval shall become null and void, unless prior to said expiration date an extension of time is applied for by the applicant and granted by the Council. The Council may authorize an extension ofthe fmal plat for a period not to exceed one year from the end of the original one year period. B. Request For Extension: Any request for an extension must be filed with the Zoning Administrator prior to the lapse of the original one year and must be in writing. 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 applicant is requesting to allow an additional time extension for the recordation of the Schwenkfelder Tire Subdivision (fka Commercial Tire Subdivision). 13. The original Final Plat application for Commercial Tire Subdivision consisted of one commercial building lot on 2.44 acres in a C-G (General Retail and Service Commercial) zone and was approved by City Council on December 18, 2001. On January 7, 2003, as permitted by MCC 12-3-8.B., a one-year extension was approved for filing the final plat with the Ada County Recorder. That extension expired on January 7, 2004. The applicant is now filing for a variance to allow FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING AVARIANCE / VAR-03-019 PINNACLE ENGINEERS, INC. / SCIIWENKFELDER TIRE SUBDIVISION PAGE 3 OF 10 another time extension. C7 14. Applicant states that the delay in recording the final plat is that there was confusion among the client, the architect, the owner's representative, ACRD and the engineering -firm concerning the recording of the subdivision. This resulted in a late start for routing the plat to all agencies within the prescribed timeframe. If approved, this would be the second one-year time extension granted to Schwenkfelder Subdivision. 15. The applicant states that there was confusion among the client, the architect, the owner's representative, ACHDandthe engineering firm concerning the recording of the subdivision. This resulted in a late start for routing the plat to all agencies within the established timeframe. This is the only special circumstance that was cited in the application. It is not found that the reason cited above makes the required submission of a time extension request impracticable and unreasonable. 16. It is found that strict compliance with the requirements of this Title aze not due to unusual topography, adjacent development, or other physical conditions of the site. 17. It is found that the requested variance will not necessarily be detrimental or injurious to the public's welfare or to the other properties in the area as long as cunent ordinances aze met at the time of issuance of building permits for all lots within the subdivision. 18. Staffis unaware ofprovisions ofIdaho Code that would be violated by the issuance of the requested variance. 19. It is found that the issuance of a variance for this project will not directly alter the interest and purpose of the Meridian City Subdivision Ordinance, which is intended to ensure orderly FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING AVARIANCE / VAR-03-019 PINNACLE ENGINEERS, INC. / SCHWENKFELDER TIRE SUBDIVISION PAGE 4 OF 10 development occurs within the established timeframe. The applicant has stated they intend to record the subdivision. 20. 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 situation, and the request does not conflict with any provisions of the Comprehensive Plan. 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 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. 24. The applicant shall be required to comply with the conditions and requirements of the Ada County Highway District listed in their letter dated December 22, 2003, and any other previous conditions from ACHD pertaining to the project area development. Additionally, the applicant shall be required to comply with the following conditions and requirements: A. Nampa & Meridian Irrigation District as follows: 1. The District shall require a Land Use Change Application to be filed for review before any construction is started. All laterals and waste ways must be protected. All municipal surface drainage must be retained on site. If any surface drainage FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING AVARIANCE / VAR-03-019 PINNACLE ENGINEERS, INC. / SCHWENKFELDER TIRE SUBDIVISION PAGE 5 OF 10 leaves the site, the District must review drainage plans. The developer must comply with Idaho Code 31-3805. 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 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 ofZoning 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 condifions 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING AVARIANCE / VAR-03-019 PINNACLE ENGINEERS, INC. / SCHWENKFELDER TIRE SUBDIVISION PAGE 6 OF 10 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. Meridian City Code, §12-3-8, APPROVAL OF FINAL PALT, and in the C-G zone, which provides as follows: 12-3-8 APPROVAL OF FINAL PLAT: A. Time Limited: Final plat shall be filed with the County Recorder within one year after written approval by the Council; otherwise, such approval shall become null and void, unless prior to said expiration date an extension of time is applied for by the applicant and granted by the Council. The Council may authorize an extension of the final plat for a period not to exceed one year from the end of the original one year period. B. Request For Extension: Any request for an extension must be filed with the Zoning Administrator prior to the lapse of the original one yeaz and must be in writing. 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: That the Applicant is hereby granted a variance for time extension of a one year time frame until January 7, 2005, for submittal of the final plat for Schwenkfelder Tire Subdivision in the C-G zone. The applicant shall be required to comply with the conditions and requirements ofthe Ada County Highway District listed in their letter dated December 22, 2003, and any other previous FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING AVARIANCE / VAR-03-019 PINNACLE ENGINEERS, INC. / SCFIWENKFELDER TIRE SUBDIVISION PAGE 7 OF 10 conditions from ACRD pertaining to the project area development. Additionally, the applicant shall be required to comply with the following conditions and requirements: A. Nampa & Meridian Irrigation District as follows: The District shall require a Land Use Change Application to be filed for review before any construction is started. All laterals and waste ways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. The developer must comply with Idaho Code 31-3805. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS 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 may be filed. 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 Cul-de-sac Requirements in the R-4 Zone as provided in the Sectioii 12-4-2.F. 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. -7y~ By action of the City Council at its regular meeting held on the Z / ~ day of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING AVARIANCE / VAR-03-019 PINNACLE ENGINEERS, INC. / SCHWENKFELDER TIRE SUBDIVISION PAGE 8 OF 10 • ~~~w'- ~+ , 2004. ROLL CALL: COUNCILMAN SHAUN WARDLE COUNCILMAN BILL NARY COUNCILMAN CHARLIE ROUNTREE COUNCILMAN KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) DATED: ~' 2 7-O MOTION: VOTED__ VOTED~~ VOTED~~ VOTED~~ VOTED APPROVED: DISAPPROVED: ii ay ..~~d `~~n,n a nru~~ Attest: `~o`~`~;I OF MF~~~~ ~~ ,~ G ~a~Par~gr ~y ~% Fo - ~ = s~~v William G. Berg, Jr., City erk " I9 9~~r1S-t.g9o~o,\~ ~~'~G,~Oi1ft+FY~t~Q ~~~a FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING AVARIANCE / VAR-03-019 PINNACLE ENGINEERS, INC. / SCHWENKFELDER TIRE SUBDIVISION PAGE 9 OF 10 Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and the City Attorney office. ````\```~"~,,,,,i~ ~E~ _ '''/'' ~ ~ - "v6i .~ '~ ~,, c3~ \~~Qa~,,r~'9y ~,,; BY~ 2~ii.-- ~ Dated: 1~Z7'~~~{?" City Clerk _ ~~~L Z:\WorklA~MeddianWleridian 15360Iv(\Schwenld'elder Tire Sub (flm Commerical Tire Sub) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING AVARIANCE / VAR-03-019 PINNACLE ENGINEERS, INC. / SCHWENKFELDER TIRE SUBDIVISION PAGE 10 OF 10 7~ M '~~ ~~~o ~UfYTV • ~ ``~~