HomeMy WebLinkAboutAutumn Faire Crossing Subdivision VAR-04-003
BEFORE THE MERIDIAN CITY COUNCIL
CIC 04/06/04
IN THE MATTER OF THE
APPLICATION OF GEMSTAR
PROPERTIES, LLC, FOR A
VARIANCE TO ORDINANCE MCC
12-3-6 APPROVAL PERIOD IN A R-4
ZONE FOR AUTUMN FAIRE
CROSSING SUBDIVISION,
LOCATED APPROXIMATELY Yo
MILE WEST OF N. BLACK CAT
ROAD AND Y:. MILE NORTH OF W.
CHERRY LANE, IN THE NE Yo OF
SECTION 4, T.3N., R.IW.,MERIDIAN,
IDAHO
V AR-O4-003
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 April 6, 2004, and Anna Powell Planning Director for the Planning and Zoning Department,
Doug Strong Parks and Recreation Director, Police Chief Bill Musser, Brad Watson of the Public
Works Department, Jim, Conger, Holly VanKirk, and Tracy Shearer, 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 AND CONCLUSIONS OF LAW AND
ORDER OF DECISION GRANTING A VARIANCE 1 V AR-O4-003
GEMSTAR PROPERTIES, LLC 1 AUTUMN FAIRE CROSSING SUBDIVISION
PAGE 1 OF 8
FINDINGS OF FACT
1.
The City Council takes judicial notice of its Zoning, Subdivisions and Develòpment
Ordinances codified at Title 11 Municipal Code of the City of Meridian and all current zoning maps
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 Gernstar Properties, LLC, 228 E. Plaza, Suite I, Eagle, Idaho
83616.
4.
The owner of record of the property is Gemstar Properties, LLC, 228 E. Plaza, Suite
1, Eagle, Idaho 83616.
5.
The location of the subject property is presently located approximately Y.mile west of
N. Black Cat Road and Y:. mile north ofW. Cherry Lane, in the NE Y. of Section 4, T.3N., R.1W.,
Meridian, Idaho.
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 R-4 (Low Density
Residential District), and which subject property is presently vacant - agricultural.
8.
The proposed land use of subject property is to develop the subject property in the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
ORDER OF DECISION GRANTING A VARIANCE / V AR-O4-O03
GEMSTAR PROPERTIES, LLC / AUTUMN F AIRE CROSSING SUBDIVISION
PAGE 2 OF 8
following manner: residential.
9.
That a Vicinity Map, which is on file with the Meridian City Clerk's office, with the
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 ofthe Meridian
City Code, § 12-3-6, APPROVAL PERIOD, and in the R-4 zone, which provides as follows:
12-3-6: APPROVAL PERIOD:
A. Failure To Submit Final Plan: Council approval of the preliminary development plan shall
become null and void if the applicant fails to submit the final development plan within one
year of Council approval of the preliminary development plan.
B. Authorize Extension: Upon written request to the Council and filed by the applicant prior to
the termination of the said one year period as stated in subsection A of this Section, the
Council may authorize a single extension of the approval of the preliminary development
plan for a period not to exceed one year tTom the end of the said one year period.
C. Consideration For Final Approval: In the event that the development of the preliminary plat is
made in successive contiguous segments in an orderly and reasonable manner, and conforms
substantially to the approved preliminary plat, such segments, if submitted within successive
intervals of one year, may be considered for final approval without resubmission for
preliminary plat approval. (Ord. 430,4-2-1984)
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 tTom the list on file with the
Planning and Zoning Department.
12.
The applicant is requesting a variance tTom section 12-36 ofMCC, which requires the
applicant to submit the final development plan within one year of Council approval of the
preliminary development plan. The applicant is requesting a one-year time extension since they have
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
ORDER OF DECISION GRANTING A VARIANCE / V AR-04-O03
GEMSTAR PROPERTIES, LLC / AUTUMN FAIRE CROSSING SUBDIVISION
PAGE 3 OF 8
exceeded the allowed time period. The reason for the delay in submitting the final plat is due to a
change in phase sequence in which the final plat application was not prepared and submitted within
the timelines specified by MCC. The applicant states that a final development plan will be submitted
immediately following the variance approval. The preliminary plat (PP-00-023) for Autumn Faire
Crossing Subdivision was approved on December 18, 2001. For clarification, this project was
noticed as a request for a time extension to record the final plat instead of to file the final
development plan.
13.
The applicant states that due to a change in phase sequencing, the final plat
application was not prepared and submitted within the required timeline specified in MCC 12-3-6.
This is the only special circumstances that was cited in the application.
14.
It is found that strict compliance with the requirements of this Title is not due to
unusual topography, adjacent development, or other physical conditions of the site.
15.
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 current ordinances are met at
the time of building permit for all lots within the subdivision.
16.
Staff is unaware of provisions ofIdaho Code that would be violated by the issuance of
the requested variance.
17.
It is found that the issuance of a variance for this subject project will not directly alter
the interest and purpose of the Meridian City Subdivision Ordinance, which is intended to ensure
orderly development occurs within the established timetTame. The applicant has stated they intend to
submit the final development plan immediately upon approval of the variance request.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
ORDER OF DECISION GRANTING A VARIANCE / V AR-04-O03
GEMSTAR PROPERTIES, LLC / AUTUMN F AIRE CROSSING SUBDIVISION
PAGE 4 OF 8
18.
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.
19.
The granting of this variance will not have an effect of altering the interest and
purpose ofthe Subdivision or Development Ordinance andlorthe City's Comprehensive Plan for the
reasons stated above.
20.
The applicant paid the fee established by the City Council for application variance.
21.
The applicant shall be required to address the weed issue (possibly posting the
property for no dumping of trash, deris, etc.), address the Four Wheeler issue, and get the park
site deeded over to the City within six months, which is the timeline for the variance, and meet
with the neighbors to get an idea of what their issues really are. The time extension for the final
plat will be granted until October 1, 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 ofIdaho
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 ofIdaho 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 are set forth in Idaho
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
ORDER OF DECISION GRANTING A VARIANCE / V AR-O4-003
GEMST AR PROPERTIES, LLC / AUTUMN F AIRE CROSSING SUBDIVISION
PAGE 5 OF 8
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
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 uoreasonable, 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 uoreasonable
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 ofa 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.
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 to ordinance MCC 12-3-6 approval
period in the R-4-G zone for Autumn Faire Crossing Subdivision. The applicant shall be required to
address the weed issue (possibly posting the property for no dumping of trash, deris, etc.), address
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
ORDER OF DECISION GRANTING A VARIANCE / V AR-O4-003
GEMSTAR PROPERTIES, LLC / AUTUMN F AIRE CROSSING SUBDIVISION
PAGE 6 OF 8
the Four Wheeler issue, and get the park site deeded over to the City within six months, which is the
timeline for the variance, and meet with the neighbors to get an idea of what their issues really are.
The time extension for the final plat will be granted until October 1,2004.
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 maybe filed.
Please take notice that this is a fmal 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 may be adversely affected by the issuance or denial of a variance
authorizing a variance of the Approval Period in the R-4 Zone as provided in the Section 12-3-6,
and may within twenty-eight (28) days after the date ofthis decision and order seek a judicial
review as provided by Chapter 52, Title 67, Idaho Code.
71b
By action of the City Council at its regular meeting held on the L- day of
IJ¡H; ¿
,2004.
ROLL CALL:
COUNCILMAN SHAUN WARDLE
VOTED~
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
ORDER OF DECISION GRANTING A VARIANCE / V AR-04-003
GEMST AR PROPERTIES, LLC / AUTUMN F AIRE CROSSING SUBDIVISION
PAGE 7 OF 8
COUNCILMAN BILL NARY
VOTED~
COUNCILMAN KEITH BIRD
VOTED~
VOTED~
COUNCILMAN CHARLIE ROUNTREE
MAYOR TAMMYdeWEERD
(TIE BREAKER)
,f-.... Z 7 -04--
VOTED-
DATED:
MOTION:
APPROVED:
x
DISAPPROVED:
~~
Mayor e Weerd
Z:\WorkIMIMeridianIMeridim115360MlAutunm Faire Crossing Sub VAR-04<JO3\FfClsGrantVariance.doc
Dated:
Attest:
ByJlØ--~~' ~
City Clerk
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
ORDER OF DECISION GRANTING A VARIANCE / V AR-O4-003
GEMSTAR PROPERTIES, LLC / AUTUMN F AIRE CROSSING SUBDIVISION
PAGE 8 OF 8