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HomeMy WebLinkAboutKlamath Basin Subdivision VAR CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Request for a Variance to the Maximum Cul-de-sac Length for Klamath Basin Subdivision, by B & A Engineers, Inc. Case No(s). V AR-05-004 For the City Council Hearing Date of: March 1, 2005 A. Findings of Fact l. HearingFacts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code §67- 6509. The matter was duly considered by the City Council at the March 1, 2005, public hearing. The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. c. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby verified that the property owners of record at the time of issuance of these findings are Randy and Linnea Worden. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. VAR-O5-004 - PAGE I 00 4. Required Findings per the Zoning Ordinance a. See Exhibit B for the findings required for the Variance application under Title II. B. Conclusions of Law I. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan ofthe City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-17-9. 4. Due consideration has been given to the comment(s) received ITom the govemmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 6. That this approval is subject to the Legal Description in Exhibit A. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: I. The applicant's Variance request, as evidenced by having submitted the application dated December 16,2004 (File No. V AR-05-004), is hereby approved. D. Exhibits Exhibit A: Legal Description Exhibit B: Variance Findings By action of the City Council at its regular meeting held on the /na"l-clv ,2005. C'¡-h 1-:7 - day of CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. VAR-O5-004 -PAGE200 COUNCIL MEMBER SHAUN WARDLE VOTED~ VOTED~ VOTED~ COUNCIL MEMBER CHRISTINE DONNELL COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD VOTED #~ MAYOR TAMMYdeWEERD (TIE BREAKER) VOTED and City Attorney. By: ,jaJdJl .- "- g ! fi,u CIty Clerk's Office Dated: 3-18'-05 CITY OF MERIDIAN FINDINGS OF FACT. CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. V AR-O5-004 - PAGE 3 00 EXHIBIT A Klamath Basin Variance V AR-O5-004 Legal Description B & 1\ l:ngincers, Inc ------'- Consul1ing ('ng,n,,"" & SO"',,,,"" 5'>05 W Fr.,,""" "'I no¡",. 101, WI';O-, Ph. 20"" 3'" 1 "" O(,83425n)2 Klamalb H"in Snbdivision Annexali.. IJe:;çription 1\ XIrce! "nand situa', in the northw",1 quarter "flhe norihwe,lquart""f S"ti",,:<. Township 3 North, Range 1 West. Boi;c Meridian,l\daCounly, Idaho, bei.!' m"," I""Lkularly described as follows: Cnmm,ocingatlhe nortllwe,' ",mer "I' said Sed;on 3. tile POIN'r Of "HaNNING; Thence S89"1 O'29"E, 778,11 teet along the nm1h b<.Jundary of said Scd¡oo ) 10 tile northwest comer of Sial en Park Subdivision as oxx)rood in B',Xlk ~6 of 1'1"", at Pages 9711 and 9114. record, of Ada County; l'hence SOO"32'31"W, 515,78 Leel alm'g Ihe w,""ter1y boundary 01',,;,1 Sta'en I'arl< Subdivision 'u Ihe southwest comer of "nid Subdiv"ion in the rigbt Mile Cnnnl; Thence N60"O5'J7"W, 22,1)4lecl along said Eighr Mile ('~nal. Thence N52"35'29"W, 119.61 ket along said Eight Mile Canal; 'I'hence N59"21 '36"W, 231.08 I""L along said Eighl Mile Canal: rhence N62"55'Jú"W. 211.87 l'eet along said Eight Mile ('anal; ¡hence N48"26'Jj"W, I 53.95 feet along said Eight Mild'annL Ihen« N6Z"26' 16"W, 58.81 I'eeL along said Eight Mil< Canal. Thence N78"30'O9"W. 4769 t""t aLong said Eight Mile Canal to the wcs",h b<.>undary of said Section 3; I hence NOO"38'44"E. 60.24 teet along 0" said westerl, boundary ofScction 3 [c, the POINT OF BEGINNING, The alxJVe-deliCrihed parcel contains 5.01 acres, h,ore or Ie". , ",6": "éil"",-"",""'" -~~O...--- EXHIBIT B Klamath Basin Variance V AR-05-004 Variance Findings According to Ordinance 11-18-1, Variances, the Council may authorize in specific cases a variance ftom the terms of either the Zoning or Subdivision Ordinance. Specifically, the Ordinance lists the following Findings (MCCll-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 offtontage on Black Cat Road, and approximately 775-feet offtontage 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, City Council does not believe that having Niemann Street intersect Ustick Road or Black Cat Road (arterial streets) is a realistic option for this property, Further, City Council believes that the Eight 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 Eight Mile Lateral to the south would hot be viable condition for a 12-lot subdivision. City Council 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), City Council 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. City Council finds that requiring a public street stub to the south or extending Niemann Street to Ustick Road or Black Cat Road would be in the best interest of the City ofthe 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 conditions or other conditions that make strict compliance with this Title unreasonable under the circumstances, or that the conditions and requirements of this Title will result in inhibiting the achievements or the objectives of this Title; In this case, City Council 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 UsticklBlack Cat Road intersection, and the Eight 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; City Council 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 hearing for the Preliminary Plat application). Further, the Council has granted cul-de-sac variances to properties with similar situations, and City Council is unaware of any harmful impacts ITom these variances. D. That such variance will not have the effect of altering the interest and purpose of this Title and the Meridian Comprehensive Plan." City Council 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.