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HomeMy WebLinkAboutStaff Comments j MAYOR Tammy de Weerd c::lfe~;dla:n IDAHO ""'" '{. It Þ CITY HALL (208) 888-4433 - Fax 887-4813 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-221I -Fax 898-9551 CITY COUNCIL MEMBERS Keith Bird Christine DOlmen Shaun Wardle Charles M. Rountree LEGAL DEPARTMENT (208) 466-9272 - FAX 466-4405 MEMORANDUM: Transmittal Date: January 20, 2005 City Council Hearing Date: January 25,2005 Mayor and City Council RE C E IVE D Josh Wilson, Associate City Planner APR 0 8 2005 To: From: . City Of Meridian City Clerk Office Request for a Variance from Meridian City Code (MCC) 12-4-5 (Block Lengths), to allow Blocks 1,2, and 8 to exceed the 1O00-foot maximum block length, within the proposed Tustin Subdivision, by SCS Investments, LLC. (File No. VAR-O5-002). Re: Tustin Subdivision Variance Planning and Zoning staff have reviewed the applicant's submittal, and we offer the following comments and recommendations: APPLICATION SUMMARY The applicant, SCS Investments, LLC, has requested a variance from section 12-4-5 of the Meridian City Code (MCC), which prohibits residential block lengths from exceeding 1,000 feet for Blocks 1, 2, and 8 of the proposed Tustin Subdivision.. Blocks 1 and 2 of the proposed Tustin Subdivision exceed the 1,000-foot maximum block length. The applicant also applied for a variance on Block 8, however, instead of measuring along the rear lot lines around the entire block from street to street, the P&Z Department measures blocks along the longest distance of a block, in a straight line, from one end of the block to the opposite. Under this method, Block 8 does not exceed 1,000 feet. The applicant has stated in their application that they cannot comply with the ordinance due to an existing irrigation lateral that traverses the project. The applicant also states that creating stub-streets to break up Block 1 is a hardship due to the fact that they would not connect to anything in the future, because of the already establish Larkwood Subdivision to the west. Furthermore, stubs to the east are limited due to ACHD restrictions to access to Locust Grove Road and the location of the adjacent parcel. The applicant has provided a stub to the adjacent parcel per ACHD requirements, reflected on the revised preliminary plat submitted on February 24, 2005. VAR-04-008 HolyTrinity.VAR.doc LOCATION The subject site is located on the north side of McMillan Road and on the west side of Locust Grove Road, east of Larkwood Subdivision, in Section 30, Township 4 North, Range 1 East. SURROUNDING PROPERTIES North: Agricultural, zoned RUT (Ada County). South: Agricultural, zoned RUT (Ada County). East: Vienna Woods Subdivision, zoned R-4; Agricultural, zoned RUT (Ada County); Existing residence, zoned Rl (Ada County). West: Larkwood Subdivision, zoned RUT (Ada County); Saguaro Canyon Subdivision, zoned R-8. OWNER OF RECORD The property owners of record are Stephen and Rebecca Smith (SCS Investments) and they have provided notarized consent for Engineering Northwest, LLC to submit the subject applications. REOUIRED FINDINGS According to Ordinance 11-18-1, Variances, the Council may authorize in specific cases a variance from 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 existing Larkwood Subdivision did not provide any stub streets to the east for connection to future developments. There are two parcels to the north of the property which are of sufficient size for re-development in the future, and the applicant has provided a stub-street to this property. Stub streets to the east are limited due ACHD restrictions on access and traffic problems that could occur from additional intersections in close proximity to the intersection of Locust Grove Road and McMillan Road. Therefore, based on the surrounding property uses and existing street configurations, staff finds that special circumstances exist that make strict application of this title impractical and unreasonable. The applicant has provided one (1) stub street to the property to the north and one (1) stub street to the parcel to the southeast. Staff fmds that requiring additional stubs and/or connections would not be reasonable or practical. 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-04-008 HolyTrinity.VAR.doc 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 will result in inhibiting the achievements or the objectives of this Title; As noted above, staff frods that strict compliance with the City's Ordinances would not be of benefit to the City, the surrounding property owners, or the applicant. Based on the nature and location of stub streets within the adjacent development, staff frods that strict compliance to the MCC 12-4-5 would be unreasonable and would not result in inhibiting the objectives of the MCc. 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. The City Council should listen to any public testimony offered concerning whether or not the surrounding property owners feel that the requested variance will negatively affect their properties. D. That such variance will not have the effect of altering the interest and purpose of this Title and the Meridian Comprehensive Plan." Staff frods that the issuance of the variance to the 1,000-foot maximum block length within the proposed Tustin Subdivision does not have the effect of altering the purpose and interest of the Zoning Ordinance. The proposed subdivision increases interconnectivity (by providing two stub streets) and reduces traffic conflicts that could occur from additional intersections in close proximity to the intersection of Locust Grove Road and McMillan Road. STAFF RECOMMENDATION Staff recommends approval of the variance application for the above noted reasons. VAR-04-O08 HolyTrinity. V AR.doc EXHIBIT A Tustin Subdivision Variance V AR-O5-002 Legal Description ElIf!,ineerinf!, Norlh West, LLC 423 N. Aocesror Pia", Sui", i80 Bo"". Id31lo 8370« (JOg: 3?6,SQ'D. Fo,\ 1208))76-555.j Project No. 0-1,004-01 Dare: Deoember 1.200-1 TUSTL~ SUBDIVISION PRELIMINARY PLAT DESCRIPTION A pared ofland being Parcel D as shown on that Property Line Adjustment Ròeord-of. Survey Number 5410 of Ada County Records, located in the SE 114 ofSectlOn 3o, 1.4 N, R. ] E., 8M., Ada Count}. Idaho, more particularly described as follows: Commencing at the s<Cllon comer commOn [0 Sections 29, 30, J] and 32 of sEid f 4 N.. R. I E; Thence North 00°00'00" East, 450.93 feet on the section Iine common to said Sec:iúns 29 and 30; fhmlOC leaving said secllon line, ¡';nnh 90°00'00" West, 30.00 ieet to the somh"st ooma of said Parcel D oi Record-of-SUIYey Number 54] 0, said point also being ou the westerly :¡gl1h,tC way line urN Locust Grove Road and heing the REAL POINT OF BEGINNING: Thence on the exterior boundary line of said Parcel D for the fo1!ow1ng courses and distances. Thence North 88°26'38" West, ! 15.94 feet; TIJence North 62'18'07" West 292.55 feet; Thence North 90'00'00" West, 20.36 f"",; Thence SoUth OO'(JQ'OO" West, 561.53 feo[; Thence South 89'48'09" West 820.72 feet; Thonce North 00'00'00" East, 1356.55 ieet; Thence South 90'00'00" East, 60,00 feer; Thencc'lorthOO"OO'OO"East,4iS.ii fee,' , ~'-"",~,", _.~-.c.c --"' ThenceSouth39"13'04"East.115ó.ll feet; Thence South 00°00'00" Wes[, !334.25 feet to the real pojm ot'beginnìng Said porco! ,ontains 44.39 acres more or less PREPARED BY, Engineering NorthWesr, I,Ll: James R. WashburQ. PLS EXHIBIT B Tustin Subdivision Variance V AR-OS-OO2 Required Findings REOUIRED FINDINGS According to Ordinance 11-18-1, Variances, the Council may authorize in specific cases a variance from the terms of either the Zoning or Subdivision Ordinance, Specifically, the Ordinance lists the following Findings (MCCl1-18-3), 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 existing Larkwood Subdivision did not provide any stub streets to the east for connection to future developments. There are two parcels to the north of the property which are of sufficient size for re-development in the future, and the applicant has provided a stub-street to this property, Stub streets to the east are limited due ACHD restrictions on access and traffic problems that could occur from additional intersections in close proximity to the intersection of Locust Grove Road and McMillan Road. Therefore, based on the surrounding property uses and existing street configurations, staff frods that special circumstances exist that make strict application of this title impractical and unreasonable, The applicant has provided one (1) stub street to the property to the north and one (1) stub street to the parcel to the southeast. City Council frods that requiring additional stubs and/or connections would not be reasonable or practical. 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 wiD result in inhibiting the achievements or the objectives of this Title; As noted above, staff finds that strict compliance with the City's Ordinances would not be of benefit to the City, the surrounding property owners, or the applicant, Based on the nature and location of stub streets within the adjacent development, City Council finds that strict compliance to the MCC 12-4-5 C. D. would be unreasonable and would not result in inhibiting the objectives of the MCC, 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, 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 the variance to the 1 ,ODD-foot maximum block length within the proposed Tustin Subdivision does not have the effect of altering the purpose and interest ofthe Zoning Ordinance. The proposed subdivision increases interconnectivity (by providing two stub streets) and reduces traffic conflicts that could occur from additional intersections in close proximity to the intersection of Locust Grove Road and McMillan Road, CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER Request for a Variance from Meridian City Code (MCC) 12-4-5 (Block Lengths), to allow Blocks I, 2, and 8 to exceed the 1000-foot maximum block length, within the proposed Tustin Subdivision, by SCS Investments, LLC. Case No: V AR-05-002 For the City Council Hearing Date of: April 12, 2005 A. Findings of Fact I. Hearing Facts 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 April 12, 2005, public hearing(s). 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 owner of record at the time of issuance of these findings is SCS Investments, LLC. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).VAR-O4-O08 - PAGE 1 of3 4, Required Findings per Zoning and Subdivision Ordinance a, See Exhibit B for the findings required for this application. 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 of the 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 from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. 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. 7, 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: 1. The applicant is hereby granted a variance to MCC 11-13-1(A) Parking and Loading Spaces Required, in the 0- T Zone to allow for ten (10) on-street parking spaces along N. Third Street and three (3) off-street parking spaces to fulfill the requirements of MCC 11-13-5(B). D, Notice of Final Action and Right to Regulatory Takings Analysis 1. 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 CITY OF MERIDIAN FINDINGS OF FACT. CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).VAR-04-008 . PAGE 2 on 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, 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 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 the conditional use permit approval 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. E. Exhibits Exhibit A: Legal Description Exhibit B: Required Findings for Variance By action of the City Council at its regular meeting held on the ,2005, day of COUNCIL MEMBER SHAUN WARDLE VOTED COUNCIL MEMBER CHRISTINE DONNELL VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED MAYOR TAMMYdeWEERD (TIE BREAKER) VOTED Mayor Tammy de Weerd Attest: William G, Berg, Jr" City Clerk Copy served upon Applicant, The Planning and Zoning Department, Public Works Department and City Attorney, By: City Clerk's Office Dated: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S),VAR-04.008 - PAGE 3 00