HomeMy WebLinkAboutSilverstone Corp VAR 04-001BEFORE THE MERIDLAN CITY COUNCIL
C/C 02/24/04
IN THE MATTER OF THE
APPLICATION OF SUNDANCE
INVESTMENTS, LP, FOR A
VARIANCE TO ORDINANCE MCC
11-9-1 HEIGHT RESTRICTIONS IN A
C-G ZONE FOR SILVERSTONE
CORPORATE CENTER & BUSIIVESS
CENTER, LOCATED ON THE
SOUTH SIDE OF OVERLAND ROAD,
APPROXIMATELY A'/ MILE EAST
OF EAGLE ROAD, MERIDIAN,
IDAHO
VAR-04-001
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 February 24, 2004, and Anna Powell Planning Director for the Planning and Zoning
Department, Cornell Larsen and Edwazd Thomas, 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
1. The City Council takes judicial notice of its Zoning, Subdivisions and Development
Ordinances codified at Title 11 Municipal Code ofthe City of Meridian and all current zoning maps
thereof and the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
ORDER OF DECISION GRANTING AVARIANCE / VAR-04001
SUNDANCE INVESTMENTS, LP /
SILVERSTONE CORPORATE CENTER & BUSINESS CAMPUS SUBDIVISION
PAGE 1 OF 11
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 Sundance Investments, LP whose address is 9100 W. Blackeagle
Drive, Boise, Idaho 83709.
4. The owner of record of the property is Sundance Investments, Limited Partnership,
whose address is 9100 W. Blackeagle Drive, Boise, Idaho 83709.
5. The location of the subject property is presently located on the south side of Overland
Road, approximately a '/< mile east of Eagle Road. The subject area lies within both Silverstone
Corporate Center and Silverstone Business Campus. The property is designated as "Mixed Use-
Regional" in the Future Land Use Map of the 2002 Comprehensive Plan.
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.
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 commercial.
8. The proposed land use of subject property is to develop the subject property in the
following manner: commercial.
9. That a VicinityMap, 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-04-001
SUNDANCE INVESTMENTS, LP /
SILVERSTONE CORPORATE CENTER & BUSIIVESS CAMPUS SUBDIVISION
PAGE 2 OF 11
proposed scale approved by the City Council showing property lines, existing streets, proposed
district and such otheritems as required has been furnished.
10. The Applicant seeks a variance of the following provision of the Meridian
City Code, § 11-9-1, ZONING SCHEDULE OF BULKAND COVERAGE CONTROLS, and in
the C-G zone, which provides as follows:
11-9-1 ZONING SCHEDULE OF BULK AND COVERAGE CONTROLS: See
following page for "Zoning Schedule Of Bulk and Coverage Controls" table.
ZONING SCHEDULE OF BULK AND COVERAGE CONTROLS
Maximum Lot Maximum Minimum Street
Minimum Interior Street Coverage Building (In Frontag
Lot District Area(8) Front Rear Side Side Percent) Height e(5)
R-2 18,000 sq. ft. 25' 15' 7.5'/story 20' 100'(5)
R-3 12,000 sq. ft. 25' 15' 7.5'/story 20' 90'(5)
R-4 8,000 sq. ft. 30'(1)
Per DU 20'(2,9)
R-8
Per DU
4,000 sq.
ft.(4)
Per DU
R-15
Per DU
R-40
L-O
20'(2)
6,500 sq. ft. 30'(1)
(3)
15'(7) 5' 25'(1)
20'(2,9
15'(7) 5' 25'(1)
20'(2,9) 15'(7) 5' 20'(2,9)
per DU
2,400 sq. ft. 20'(2,9) 15'(7) 5'/story
35'
35' 80'
35' 65'(3)
40'(4)
20'(2,9) 40' S0'
20' 15'(7) 0 20' 40'
7,000 sq. ft. 30'(1) 25'(1)
20' S'(5) 20'(2) 50% 35'
50'
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
ORDER OF DECISION GRANTING A VARLANCE / VAR-04-001
SUNDANCE IIVVESTMENTS, LP /
SILVERSTONE CORPORATE CENTER &. BUSINESS CAMPUS SUBDIVISION
PAGE 3 OF 11
C-N 4-8 acres 15' 25' 10' 0 70% 35' n/a
C-C 8-30 acres 25' 0 0 0 70% 40' n/a
C-G 15' 0 0 0 70% 40'
RSC 75 + acres 70' 0 0 30' 70% 40'
OT See district
regulation for
con•espondin
g use
proposed
TE 80(6) acres 35' 20' 20' 30' 60% 0 n/a
I-L 35' 0 0 30' 70% 40'
M 20 acres 60' 15' 10' 39' 10% 80' n/a
Notes:
(1) Arterial and collector streets.
(2) .Local streets.
(3) Single-family detached dwellings.
(4) Single-family attached dwellingsandtwo-family dwellings (duplex).
(5) Street frontage on cul-de-sac lots shall be a minimum of 40 feet measured as a chord
measurement.
Street frontage for 1 or 21ots sharing a common driveway shall be a minimum of 15 feet.
Street frontage for 3 or 41ots sharing a common driveway shall be a minimum of 10 feet.
Sheet frontage for flag lots that do not share a common driveway shall be a minimum of 30 feet
(6) A smaller minimum lot area may be requested and granted if deemed feasible.
(7) On comer lots in residential districts, the rear setback tray be determined on a side of a structure,
at the option of the builder.
(8) Minimum lot area shall be determined exclusive of land that is used for streets, highways, alleys,
roads, rights of way, irrigation easements unless the water is conveyed through pipe or file and
included as part of the utility easement that generally run along the lot lines, and land that is used for
the conveyance of irrigation water, drainage water, creek or river flows.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
ORDER OF DECISION GRANTING AVARIANCE /VAR-04-001
SUNDANCE INVESTMENTS, LP /
SILVERSTONE CORPORATE CENTER & BUSINESS CAMPUS SUBDNISION
PAGE 4 OF 11
(9) The setback may be reduced to 15 feet for living areas and aide entry garages in accordance with
MCCl 1-9-2D3.
11. All property owners within three hundred feet (300 of the external boundaries have
been notified by mail, and their mailing addresses maybe obtained from the list on file with the
Planning and Zoning Department.
12. The applicant is requesting a variance from section 11-9-1 ofMCC, which prohibits
buildings from exceeding 40 feet in height in the C-G zone. As defined in MCC 11-2-2, building
height is measured from the fmished grade at the firont of the buildings to the highest point of the
roof for flat roofs, to the deck line of mansard roofs, and the top of building walls for gable, hip and
gambrel roofs. The applicant is requesting a maximum height allowance of 60 feet, a 66% increase,
within approximately 44 acres of the 158-acre Silverstone development. The building site has
purposely been located to the south, which places the building away from the neighbors on the
north along Overland Road. The applicant's standard building design and prototype for this use
requires a three story building. The building is already designed, and it would pose an economic
hardship to redo the design of the building. The variance would only apply to the 28 acres, and
would not include the entire Silverstone Business Campus. The building design, as presented at the
City Council February 24, 2004 meeting, revealed that the building footprint was substantially
below the allowable 70% maximum building coverage for the property.
13. The applicant states that the hardship which prohibits compliance with the ordinance
is the `~uvque nature of the site" and a desire to "plan for heights that would allow for three story
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
ORDER OF DECISION GRANTING AVARIANCE / VAR-04-0O1
SUNDANCEINVESTMENTS,LP/
SILVERSTONE CORPORATE CENTER & BUSINESS CAMPUS SUBDMSION
PAGE 5 OF 11
strucutures." Additionally, the wetlands (as classified by the Corps of Engineers) and the ACRD
stormwater pond/facility limit the buildable azea within the development. The Eight Mile Drain is
also a sizeable imgation facility, over 1,500 feet in length on this pazcel, with an 80-foot wide
easement, all of which is non-buildable area (approx. 2.75 acres).
14. Applicant states that the potential tenant has a requirement for 12" access flooring and
large volume HVAC needs, thereby increasing the height of the pazapets to effectively screen the
roof equipment. This is the primary reason for the increased height and for this application. The
proposed building is 170,000 sq. ft. in size, and since the building exceeds 100,000 sq. ft., this would
certainly be a special and unique circumstance not replicated elsewhere in Meridian.
15. It is felt that it is unreasonable to require all buildings within Silverstone to comply
with the MCC 11-9-1 to construct to the allowable height. Additionally, the wetlands and the ACRD
stonnwater retention pond do pose unusual conditions.
16. It is anticipated that the variance will not be detrimental to the public's welfaze or
injurious to other properties in the area. It is likely that some view corridors of adjacent properties
may be restricted compared to existing conditions. Additionally, the building site has purposely been
located to the south, which places the building away from the neighbors on the north along Overland
Road.
17. It is found that the issuance of the requested variance to allow 60-foot heights within
the C-G zone within a commercial/industrial development does not have the effect of altering the
purpose and interest of the Zoning Ordinance. It is unlikely the ordinance authors envisioned a
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
ORDER OF DECISION GRANTING AVARIANCE / VAR-04-001
SUNDANCE INVESTMENTS, LP /
SII,VERSTONE CORPORATE CENTER & BUSINESS CAMPUS SUBDIVISION
PAGE 6 OF 11
facility of this size or magnitude within the city limits. The variance application lists several
Comprehensive Plan policies which support the construction of new business and economic
development opportunities.
18. Staff is unaware of provisions of Idaho Code that would be violated by the issuance of
the requested variance.
19. 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.
20. The granting of the requested variance will not be detrimental to the
Public's welfare or injurious to other properly in the area of the proposed building
21. The granting of this variance will not have an effect of altering the interest and
purpose of the Subdivision or Development Ordinance and/orthe City's Comprehensive Plan forthe
reasons stated above.
22. The applicant paid the fee established by the City Council for application variance.
23. The applicant shall be required to comply with the conditions and requirements of
the State of Idaho Transportation Department listed in their letter dated February 7, 2004.
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
ORDER OF DECISION GRANTING AVARIANCE / VAR-04-001
SUNDANCE INVESTMENTS, LP /
SII.VERSTONE CORPORATE CENTER & BUSINESS CAMPUS SUBDIVISION
PAGE 7 OF 11
vaziance 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,
and the findings which aze required aze set forth in Meridian City Code § 11-18-3, include required
fmdings 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 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.
DECISION AND ORDER
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
ORDER OF DECISION GRANTING AVARIANCE / VAR-04-001
SUNDANCE II~IVESTMENTS, LP /
SII,VERSTONE CORPORATE CENTER & BUSINESS CAMPUS SUBDIVISION
PAGE 8 OF 11
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS
OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Orderand this does
Order:
1. That the Applicant is hereby granted a variance to ordinance MCC 11-9-1 height
restrictions in a C-G zone for Silverstone Corporate Center & Business Center. The applicant shall
be required to comply with the conditions and requirements of the Idaho Transportation Department
listed in their letter dated February 7, 2003, and the variance would only apply to the 28 acres, and
does not include the entire Silverstone Business Campus. Additionally, the lot coverage shall be
required to stay below the allowable 70% since the building height has been approved. The applicant
shall also comply with the requirements, recommendations and conditions of the Idaho
Transportation Department, as well as with the existing Development Agreement for this commercial
subdivision, except for the conditions as stated within this paragraph 1. The maximum allowable
building height granted by this variance is sixty feet (60').
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAHING5 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
ORDER OF DECLSION GRANTING AVARIANCE / VAR-04-001
SUNDANCE INVESTMENTS, LP /
SILVERSTONE CORPORATE CENTER & BUSINESS CAMPUS SUBDIVISION
PAGE 9 OF 11
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 Section
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.
By action of the City Council at its regular meeting held on the ~ day of
,~~G~- , 2004.
ROLL CALL:
COUNCILMAN SHAUN WARDLE VOTED_~~~
COUNCILMAN BII.L NARY VOTED_~~~
COUNCILMAN CHARLIE ROUNTREE VOTED ! GCc--
COUNCILMAN KEITH BIRD VOTED_Z
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
DATED: ~~~'~~
MOTION:
APPROVED:~_ DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
ORDER OF DECISION GRANTING AVARIANCE / VAR-04-001
SUNDANCE INVESTMENTS, LP /
SII.VERSTONE CORPORATE CENTER & BUSINESS CAMPUS SUBDNISION
PAGE 10 OF 11
~ '°
Ma ~r T y de Weerd
Attest:
William G. Berg, Jr., City
CTS q~ ~,
r~o
$EAL,
~~ o~
0
90,9 ~Ttss,, ZQ~~
Copy served upon Applicant, the Planning and Zoning
and the City Attorney office.
By: ,
City Clerk
Public Works Department,
~-~-D~
Z:VWork\MVMeridianVvleridian 15360MVSilverstone Corporate Center & Business Center
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
ORDER OF DECISION GRANTING AVARIANCE / VAR-04-001
SUNDANCE INVESTMENTS, LP /
SILVERSTONE CORPORATE CENTER & BUSINESS CAMPUS SUBDIVISION
PAGE 11 OF 11
``Otpsnnunnrr ,/
~•P,``l OF ME/~~ ~~~,
T~.
~ O
~~~~~
~ ~~
O ~~sr sst ~ ~~~ .r0 ~~
Uanr~iro..k~ ,,...
~:1~.,~ ~_.~~
~, .;e'~.lEV1~~
EXHIBIT "A"
A parcel of land situated in the E1/2 of the NW 1/4 of Section 21, Township 3 North,
Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho and described as
follows:
Commencing at a brass cap monument marking the NE corner of said E 1 /2 of the
NWl/4, thence along the East line of said El/2 of the NWl/4 S00°11'32"W a distance of
1327.46 feet to a 5/8 inch rebaz being the POINT OF BEGINNING;
Thence continuing along said East line S00°11'32"W a distance of 1302.47 feet to a 5/8
inch rebar from which a brass cap monument marking the SE corner of said E 1/2 of the
NWl/4 bears S00°11'32"W a distance of 27.00 feet;
Thence leaving said East line and parallel with the South line of said E1/2 of the NW 1/4
N89°08'01"W a distance of 899.47 feet to a 5/8 inch rebar;
Thence along the azc of a curve to the right having a radius of 73.00 feet, an arc length of
113.85 feet, a central angle of 89°21' 17", and a chord bearing N44°27'22"W a distance
of 102.65 feet to a 5/8 inch rebar;
Thence parallel with the West line ofsaid El/2 of the NW 1/4 N00° 13' 16"E a distance of
530.91 feet to a 5/8 inch rebar;
Thence along the arc of a curve to the right having a radius of 273.00 feet, an arc length
of 135.64 feet, a central angle of 28°28'05", and a chord bearing N14°27' 19"E a distance
of 134.25 feet to a 5/8 inch rebar;
Thence along the arc of a reverse curve to the left having a radius of 277.00 feet, an arc
length of 137.63 feet, a central angle of 28°28'05", and a chord bearing N14°27' 19"E a
distance of 136.22 feet to a 5/8 inch rebar;
Thence parallel with said West line N00° 13' 16"E a distance of 405.72 feet to a 5/8 inch
rebaz;
Thence N45° 12' 19"E a distance of 28.35 feet to a 5/8 inch rebar;.
Thence S89°48'39"E a distance of 884.39 feet to the POINT OF BEGINNING.
Said pazcel contains 28.03 acres more or less and is subject to all existing easements and
rights-of--ways of record or implied.
Legal Description for Height Vairance for Clerk's office 03 04 04