HomeMy WebLinkAboutTustin Subdivision VAR-05-002
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 1, 2, and 8 to exceed the 1O00-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-O4-008 - PAGE I oD
4. Required Findings per Zoning and Subdivision Ordinance
a. See Exhibit 8 for the findings required for this application.
8. Conclusions of Law
1. 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 (I.C. §67-
6503).
2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles II 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 fÌom 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:
l. The applicant is hereby granted a variance to MCC 11-13-I(A) Parking and Loading
Spaces Required, in the O-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(8).
D.
Notice of Final Action and Right to Regulatory Takings Analysis
I. 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-O4-008 - PAGE 2 of3
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
Apn1 ,2005.
\11)
day of
COUNCIL MEMBER SHAUN WARDLE
VOTED~
COUNCIL MEMBER CHRISTINE DONNELL
VOTED ~n.\:.
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED~
COUNCIL MEMBER KEITH BIRD
VOTED~
Copy served upon Applicant, The
MAYOR TAMMY de WEERD
(TIE BREAKER)
'"" J A-
By: Ov~
Ity Clerk's Office
Dated: 5.l.q-O5
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S).VAR-O4-008 - PAGE 3 of3
EXHIBIT A
Tustin Subdivision Variance
V AR-05-002
Legal Description
En/i:ineen'n/i: North West, uc
"23 N. An""", PI"'. S,¡" 180 &1". Idaho ;]7Oc
1:!t'81 J76-5(j(XJ of,, ,20S! 37ö-555ó
Pro)eCI èlù. 04-004-0,
Jaw: Dec~mb" I. 2'¡";'¡
n:STIN SUBDIVISION
PRELIMINARY PLAT DESCRIPTION
A parcel of land being Parcel D as ;hown on that Property Line Adjustment R,"or;i-ùf.
Survey Number 5410 of Ada County Records, ,ocated in the SE 114 ofSeotIon T. 4 N, R. I E.,
8M" Ada Coumy, [daho, more particular]y described as fol1o"",
Commencing at the section comer cornman Iù Sections 29, 30, 31 and 32 of said
T. 4 N.. R. I E.;
Tilence North OQ'OO'OO" East, 450.93 feet on the section line common to said SeCtions 29
and 30;
rhence leaving said seeaon line, North 90'00'00" West, 30.00 feer to rhe sou [heast comer
of said Parcel D ofRecord-n!'Survey NumbOJ' 5410, said point also being on the westerly light-of.
way line of N. Locus! Grove Road and bemg the REAL POINT OF BEGINNING;
Thence on the exterior boundary line of said Parcel D [or the following COUT'" and
disGu1ces:
Thene< North 88'26'38" West, ¡ ]5.94 fee!;
Tbence North 62'18'07" We", 292,55 feet;
Thence North 90'00'00" West, 20.36 reel;
Thence South 0<)'110'00" West, 56L53 feel;
Tlience South 89'48'09" West. 820.72 feet;
Then" North OO'()()'OO" East, 135ò.55 feel:
Thence Soutb 90'OO'iJO" East, 60.00 feet;
Thence North OI)'LiO'OO" East. 418.71 fee¡;
"--"._~'..,
ThenceSouthS9'I3'()4"East, !l56II feet;
Thence South 00'00'00" West, 1334.25 feet to the real point ot-be~jnnin~ 51.cd prc,:
contains 4-1.39 acres more or less,
PREPARED BY:
Engineering NorthWest, LLC
James R, WashùurD, PLS
EXHIBIT B
Tustin Subdivision Variance
V AR-05-002
Required Findings
REQUIRED 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-deve1opment 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. City Council finds 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
unusnal 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;
As noted above, staff fmds 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
D.
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;
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 1,000-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 fÌom additional intersections in close
proximity to the intersection of Locust Grove Road and McMillan Road,