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MAYOR
Tammy de WeercI
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CITY HALL
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CITY COUNCIL MEMBERS
Keith Bird
Christine Donnell
Shaun Wardle
Charles M. Rountree
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PUBLIC WORKS
BUILDING DEPARTMENT
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LEGAL DEPARTMENT
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MEMORANDUM:
Transmittal Date: February 23,2005
City Council Hearing Date: March I, 2005
Mayor and City councilR..ECEIVED
Craig Hood, Associate City Planner (1#
FEB 2 5 2005
To:
From:
Re:
Klamath Basin Subdivision Cul-de-sac Length Variance
City Of Meridian
City Clerk Office
.
Request for a Variance ITom Meridian City Code (MCC) 12-4-2.F (Cul-De-
Sacs) to Allow a 535-foot Cul-de-sac for the Proposed Klamath Basin
Subdivision, by B & A Engineers, Inc. (File No. VAR-O5-004).
Planning and Zoning staff have reviewed the applicant's submittal, and we offer the following
comments and recommendations:
APPLICATION SUMMARY
The applicant, B & A Engineers, Inc., has requested a variance ITom Meridian City Code
(MCC) to allow a cul-de-sac length of approximately 535-feet. MCC 12-4-2.F requires cul-de-
sacs to be no longer than 450-feet. A public stub street, West Niemann Street, was provided
to the subject site with the recent development of Staten Park Subdivision to the east. The
applicant is proposing to extend said stub street into the site. Once extended, Niemann Street
will be approximately 535-feet long. The applicant has requested a variance to MCC 12-4-2.F
from the Meridian City Council to develop the property as proposed with the Klanlath Basin
preliminary plat (PP-04-045). The subject variance request is consistent with the preliminary
plat submitted for Klamath Basin Subdivision.
LOCATION
The property is located on the southeast corner of Black Cat Road and Ustick Road, in Section
3, Township 3 North, Range I West.
SURROUNDING PROPERTIES
North: Agricultural, zoned RUT (Ada County)
Southwest: Single-family homes on large parcels, zoned RUT (Ada County)
Northwest: Single-family homes, Birchstone Creek Subdivision, zoned R-8
V AR-O5-OQ4
Klamath Basin VARdoc
East:
Single-family homes, Staten Park Subdivision, zoned R-4
OWNERS OF RECORD
The property owners of record are Randy & Linnea Worden, and Randy Worden has submitted
notarized consent for David Crawford to submit the subject application.
REOUIRED FINDINGS
According to Ordinance 11-18-1, Variances, the Council may authorize in specific cases a
variance ITom the terms of either the Zoning or Subdivision Ordinance. Specifically, the
Ordinance lists the following Findings (MCCII-18-3), all of which must be determined before
granting a variance:
"A.
That there are such special circumstances or conditions affecting the property that
the strict application of the provisions of this Title would clearly be impracticable
or unreasonable;
The subject property is located on the southeast corner of Us tick Road and Black Cat
Road. The property has less than 50-feet offrontage on Black Cat Road, and
approximately 775-feet ofITontage on Ustick Road. A public stub street, West Niemann
Street, was provided to the property with the recent development of Staten Park
Subdivision to the east. The applicant is proposing to extend said stub street into the site.
Once extended, Niemann Street will be approximately 535-feet long. Due to the close
proximity of the Black CatlUstick Road intersection, staff does not believe that having
Niemann Street intersect Ustick Road or Black Cat Road (arterial streets) is a realistic
option for this property.
Further, staff believes that the Eigllt Mile Lateral is an effective barrier to applying the
strict provisions of this title. Requiring Niemann Street to be constructed as a stub street
across the Eigllt Mile Lateral to the south would not be viable condition for a 12-lot
subdivision. Staff believes that a bridge or a culvert across this lateral would be a burden
and not a benefit for the abutting properties. Further, due to the size (5-acres) and shape
(triangular) of the subject parcel and the size (3-acres) of the parcel to the south, a public
street stub to the south would not be an efficient use of the land. However, an access
easement between the subject Klamath Basin parcel and the 3-acre parcel to the south
could be beneficial if ACHD does not allow access to Black Cat Road when the 3-acre
parcel re-develops (See Site Specific Condition #13 for PP-04-045, which the P & Z
Commission added as a requirement).
Staff finds that if an easement is provided to the parcel to the south, granting a
variance will not significantly affect the other properties in the general vicinity. Staff
finds that requiring a public street stub to the south or extending Niemann Street to
U stick Road or Black Cat Road would be in the best interest of the City of the
traveling public.
B.
That strict compliance with the requirements of this Title would result in
extraordinary hardship to the owner, subdivider or developer because of unusual
topography, the nature or condition of adjacent development, other physical
VAR-05-004
Klamath Basio V AR.doo
2
conditions or other conditions that make strict compliance with this Title
unreasonable under the circumstances, or that the conditions and requirements of
this Title wiD result in inhibiting the achievements or the objectives of this Title;
In this case, staff believes that strict compliance with the City's maximum cul-de-sac
length would effectively hamper the re-development of the subject property for
residential use. It is simply impractical to provide a cul-de-sac that meets the City's
established standards and still provide an efficient residential use of the land. Due to
the dimensions of the subject parcel, the close proximity to the Ustick/Black Cat Road
intersection, and the Eigllt Mile Lateral to the south, strict compliance would result in
an extraordinary hardship to the developer and inhibit the re-development of the
subject site.
C.
That the granting of the 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;
Staff anticipates that the variance will not be detrimental to the public's welfare or
injurious to other properties in the area (no negative testimony was offered at the P&Z
Commission hearing for the Preliminary Plat application). Further, the Council has
granted cul-de-sac variances to properties with similar situations, and staff is unaware
of any harmful impacts from these variances. Staff recommends that the Council
reference any written or oral testimony provided at the public hearing, as well as staff's
analysis, when determining whether or not the surrounding properties may be
negatively affected by granting a variance.
D.
That such variance will not have the effect of altering the interest and purpose of
this Title and the Meridian Comprehensive Plan."
Staff finds that the issuance of a variance for a 535-foot cul-de-sac, to allow the
redevelopment of a residential piece of property will not have the effect of altering the
purpose and/or interest of the Zoning Ordinance or the Comprehensive Plan.
STAFF RECOMMENDATION
Staff is recommending approval of a variance to the typical cul-de-sac length maximum
for the foUowing reasons:
. There is an existing stub street to the property ITom the east that must be
extended into the site (see ACHD report),
. The applicant is only proposing to utilize Niemann Street as access for the
development; no other accesses to Ustick Road or Black Cat Road, both arterial
roadways, are proposed. Staff is supportive oflimiting access points to classified
roadways, especially near arterial/arterial intersections,
. The parcel has an odd, triangular shape and is bordered on the south by the Eigllt
Mile Lateral, a fairly wide and deep facility that the applicant is not proposing to
tile. Extending Niemann Street to the parcel to the south (stub) would require a
bridge or a culvert to be constructed across thelateral. A bridge/culvert across
the Eigllt Mile Lateral,for a public street would not be beneficial to either the
V AR-O5.004
Klamath Basin V ARdoc
VAR-O5.004
.
subject parcel or the parcel to the south. A public bridge/culvert would inhibit the
parcel to the south from developing efficiently, and would not be the best use of
the land,
Approving a variance for a 535-foot cul-de-sac will not have a detrimental
impact to adjacent properties, and;
Approving a variance will not have the effect of altering the interest and purpose
ofthe cul-de-sac length maximum established by MCC or the Comprehensive
Plan.
.
Klamath Basin V AR.doc
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