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HomeMy WebLinkAboutBaldwin Park VAR 01-020BEFORE THE MERIDIAN CITY COUNCIL C/C 04/02/02 IN THE MATTER OF THE ) APPLICATION OF CAPITAL ) DEVELOPMENT, CO., FOR A ) VARIANCE OF THE 1,000 FOOT ) BLOCK LENGTH FOR ONE SIDE ) OF TWO BLOCKS WITHIN THE ) SUBDIVISION FOR BALDWIN ) PARK IN PROPOSED R-8 ZONE, ) LOCATED 1/4 MILE SOUTH OF ) MCMILLAN ROAD, EAST SIDE ) OF LINDER ROAD, MERIDIAN, ) IDAHO ) VAR-01-020 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE The above entided matter coming on regularly for public hearing before the City Council on March 19, 2002 and continued until April 2, 2002, and Shari Stiles, Planning and Zoning Administrator, and Steve Arnold, and Vaughn Yorgason, 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 Contusions of Law and Order of Decision, as follows to-wit: FINDINGS OF FACT 1. The City Council takes judicial notice of its Zoning, Subdivisions and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A vARIANCE / VAR-01-020 CAPITAL DEVELOPMENT, CO. / BADLWlN PARK SUBDIVISION Page 1 of 9 Development Ordinances codified at Title 11 Municipal Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21, 1993 Ordinance #629 - January 4, 1994 and Maps. 2. The requirements of Idaho 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 Capital Development, Corporation, whose address is 2304 N. Cole Road, Boise, Idaho 83704. 4. The owners of the property are J. Ramon Yorgason and Marilyn Yorgason, husband and wife, whose address is 2304 N. Cole Road, Boise, Idaho 83704. 5. The location of the subject property is presently located approximately t/4 mile south of McMillan Road on the east side of Linder Road; located in the South 1/2 of the NW 1/4 of Section 26, T.4N., R. 1W., within a RT, with an R-8 requested. 6. The legal description of the property appertains to the real property that is included within the Vicinity Map, and is attached hereto as Exhibit "A" and consisting of t~vo pages, and as the legal description appears in the record of proceeds of this matter, and which is on file with the Meridian City Clerk's office. 7. The present land use of subject property is presently zoned as RUT (Rural Urban Transition), and which subject property is presently vacant land. 8. The proposed land use of subject property is to develop the subject FINDiNGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / VAR-01-020 CAPITAL DEVELOPMENT, CO. / BADLWlN PARK SUBDIVISION Page 2 of 9 property in the following manner: develop a single-family residential subdivision consisting of 272 dwellings, with approximately 10.2 acres of open space on 14 common lots, including two 1 + acre pocket parks, and .4 acres in 2 landscape buffer lots along Linder Road. 9. That a vicinity map, attached hereto as Exhibit "A" and consisting of two pages, of the proposed scale approved by the City Council showing property lines, existing streets, proposed district and such other items as required have been furnished. 10. The Applicant seeks a variance of the following provision of the Meridian City Code, §12-4-5, BLOCKS, and in the RUT zone if granted the re-zone, which provides as follows: 12-4-5 BLOCKS: Every block shall be so designed as to provide two (2) tiers of lots, except where lots back onto an arterial street, natural feature or subdivision boundary. Blocks shall not be less than five hundred feet (500') nor more than one thousand feet ( 1,000') in length. 11. All property ovmers 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 characteristics of the subject property which prevent compliance with the requirements of the ordinance are that if they are to maintain good interior traffic circulation, provide pocket parks, micro-paths and comply with dimensional FINDiNGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 3 of 9 ORDER OF DECISION GRANTING A VARIANCE / VAR-01-020 CAPITAL DEVELOPMENT, CO. / BADLWIN PARK SUBDWISION lot requirements, the variance will be needed Two of the blocks within the subdivision exceed the 1,000' maximum by 143' x 154'. Each of the streets has an intersecting street on one side (T-intersection) within the block as well as micro-paths to break up the block lengths and to provide pedestrians mid-block access. The T- intersections and micro-paths serve to reduce the block length. 13. The difficulty or hardship which would result if the requirements of the ordinance were applied to the subject property is that if applicant is required to put in mid-block streets they will lose the mid-block micro-paths. Both cannot be feasibly provided in the same short block and the micro-paths will be more important to the residents than an additional street that is only 200' in length. 14. The mmsual or peculiar circumstances which indicate that regulations of the ordinance should not be strictly complied with, and the special conditions and circumstances that exist, are that providing a short mid-block street would inhibit good traffic circulation and eliminate a mid-block micro-path. The location of the micro- paths, one of the pocket parks and the White Drain make the layout of this subdivision unique to its location. 15. A literal interpretation of the provisions of the ordinance would deprive the Applicant rights because the development of a mid-block street would destroy the integrity of the block, would be repetitive, unnecessarily add to development cost and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTiNG A VARIANCE / VAR-01-020 CAPITAL DEVELOPMENT, CO. / BADLWlN PARK SUBDIVISION Page 4 of 9 would serve no useful purpose. Other developments have been granted block length variances under similar circumstances. 16. The existence of special circumstances or conditions affecting the property is that the existing configuration of the property is not a result of actions by the applicant. 17. Granting the variance would maintain rights which would be afforded to others in the same situation. The variance requested is not out of convenience but from necessity. The pocket park location and micro-paths makes designing shorter block lengths difficult. The variance is not profit oriented, it is due to practicality. 18. The Comprehensive Plan for the RUT District is to encourage compatible infill development which would improve the existing neighborhoods, and the recognition that land development regulations shall be revised to encourage the infilling of existing vacant parcels within the city limits. 19. The variance would convenience the applicant, but to provide for the same ability to develop the land with the specified limitations that other property owners in the district could achieve without such variances. The variance would not constitute any special privilege for the property owner that could not be sought by owners of other land. 20. The granting of the requested variance will not be detrimental to the FINDiNGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / VAR-01-020 CAPITAL DEVELOPMENT, CO. / BADLWIN PARK SUBDIVISION Page 5 of 9 Public's welfare or injurious to other property in the area of the proposed plat, and, in fact, the development of the plat in accordance with the conditions of approval and the requirements of the Subdivision Ordinance will prevent the conditions which are the source of the complaints raised in the public hearing of this matter. 21. 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. 22. The applicant paid the fee established by the City Council for application variance. 23. The applicant shall comply with the Meridian Fire Departments requirements listed in their March 18, 2002 letter. CONCLUSIONS OF LAW 1. The City of Meridian has attthority pursuant to the enactment of the Local Land Use Plamxing Act of 1975 codified at Chapter 65, Title 67, and in particular, by the provisions of Idaho 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 of Idaho 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. FiNDiNGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / VAR-01-020 CAPITAL DEVELOPMENT, CO. / BADLWIN PARK SUBDIVISION Page 6 of 9 3. That the requirements for the processing of a variance request are set forth in Idaho 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. 5. Meridian City Code, § 12-4-5, BLOCKS, and in the RUT zone if granted the re-zone, provides as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / VAR-01-020 CAPITAL DEVELOPMENT, CO. / BADLWlN PARK SUBDIVISION Page 7 of 9 12-4-5 BLOCKS: Every block shall be so designed as to provide two (2) tiers of lots, except where lots back onto an arterial street, natural feature or subdivision boundary. Blocks shall not be less than five hundred feet (500') nor more than one thousand feet (1,000') in length. 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 from the 1,000 foot minimum block length requirement for block lengths for one side of two blocks within the subdivision in the RUT zone. Additionally, the applicant shall comply with the Meridian Fire Departments requirements listed in their March 18, 2002 letter. NOTICE OF FINAL ACTION Please take notice that this is a final 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 Block Requirements in the RUT Zone as provided in the Section 12-4-5 and may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Tide 67, Idaho Code. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / VAR-01-020 CAPITAL DEVELOPMENT, CO. / BADLW1N PARK SUBDIVISION Page 8 of 9 of By action of the City Council at its regular meeting held on the ,2002. ROLL CALL: COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE McCANDLESS COUNCILMAN WM. L. M. NARY MAYOR ROBERT D. CORRIE (TIE BRL~CE L DATED: ~ t~ --O ~" VOTED_~d~ VOTED VOTED_~ VOTED__~2~ VOTED MOTION: APPROVED:~ DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and the City Attorney office. City Clerk 4 i?-oz.-f Dated: ~ : ~ Z:\Work~l~vlefidiankMefidian 15360M\Baldwin Park Sub PP01-024 VAR01-020~FfClsGrantVariance.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTiNG A VARIANCE / VAR-01-020 CAPITAL DEVELOPMENT, CO. / BADLWlN PARK SUBDIVISION Page 9 of 9 I / I I . , .~ .7~---J BRIGGS ENGINEERING, INC. 1/2 MILE VICINITY MAP REVISION ~ B~DWIH PA~ SUBDIVISION BRIGGS ) PORTION OF THE NW 1/4 OF S~CTION 36, T.4N., R. 1W., ~~ MERIDIAN, ADA COUNTY, IDAHO S~E~ 1 OF 1 W. M~cMILLAN ROAD RUT BRIGGS ENGINEERING, INC. (, BRIGGS ) DEIGN RUT VICINITY MAP BALDWIN PARK SUBDIVISION PORTION OF THE NW 1/4 OF SECTION 36, T.4N., R. IW., B.M., MERIDIAN, ADA COUNTY, IDAHO REVISION SHEET