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HomeMy WebLinkAboutAutumn Faire Crossing Sub VAR 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.,MERIDlAN, 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 Van Kirk, 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 I OF 8 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, Resolution No. 02-382 and Maps. 2. The requirements ofIdaho Code §§ 67-6509,6516 and Meridian City Code §§ 11-15- 5 and 12-11-3as evidenced in the record of this matter. 3. The Applicant is Gemstar Properties, LLC, 228 E. Plaza, Suite 1, 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 1 V AR-O4-003 GEMSTAR PROPERTIES, LLC 1 AUTUMN F AIRE CROSSING SUBDMSION 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 of the 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 ofthe approval of the preliminary development plan for a period not to exceed one year from the end of the said one year period. Co 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 from the list on file with the Planning and Zoning Department. 12. The applicant is requesting a variance from 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 1 V AR-O4-003 GEMSTAR PROPERTIES, LLC 1 AUTUMN F AIRE CROSSING SUBDMSION 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-OO-O23) for Autunm 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 fmal 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 timeframe. 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 1 V AR-O4-O03 GEMST AR PROPERTIES, LLC 1 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 of the Subdivision or Development Ordinance and/or the 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 time1ine 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 1 V AR-O4-003 GEMSTAR PROPERTIES, LLC 1 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 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. 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 Autunm 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 1 V AR-O4-O03 GEMST AR PROPERTIES, LLC 1 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 may be filed. Please take notice that this is a final action of the governing body ofthe 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 of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. 7 If;. By action of the City Council at its regular meeting held on the ~ day of /J;ff; ¿ ,2004. ROLL CALL: COUNCILMAN SHAUN WARDLE VOTED~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE 1 V AR-04-O03 GEMSTAR PROPERTIES, LLC 1 AUTUMN FAIRE CROSSING SUBDIVISION PAGE 7 OF 8 COUNCILMAN BILL NARY VOTED~ VOTED¥ COUNCILMAN CHARLIE ROUNTREE COUNCILMAN KEITH BIRD VOTED¥ MAYOR TAMMYdeWEERD (TIE BREAKER) .(--- Z? -t? 4- VOTED- DATED: MOTION: APPROVED: x DISAPPROVED: ~ Mayor e Weerd Attest: Dated: BY~Ø--¡?6e.r, 9- City Clerk Z:\WorkIMlMeridianlMeridian lS360MlAu1nnm Faire Crossing Sub VAR-o4-QO3\FfC1sGrnntVariance.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE 1 V AR-O4-003 GEMST AR PROPERTIES, LLC 1 AUTUMN F AIRE CROSSING SUBDIVISION PAGE 8 OF 8