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HomeMy WebLinkAboutSicily Subdivision VAR-05-012 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 Block 1 to exceed the 1,000-foot maximum block length, within the proposed Sicily Subdivision, by Landmark Engineering and Planning, Inc. Case No: V AR-05-012 For the City Council Hearing Date of: June 28, 2005 A. Findings of Fact 1. 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 ofrecord 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. b. The matter was duly considered by the City Council at the June 28, 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. 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). c. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 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 Interwest Development (Bruce Blaser). CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).V AR-O5-012 - PAGE 1 on 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit B for the findings required for this application. B. 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 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 12-4-5 Blocks, which prohibits residential block lengths from exceeding 1,000 feet for Block 1 of the proposed Sicily Subdivision. 2. Notice of Final Action and Right to Regulatory Takings Analysis: 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 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).VAR-O5-012 - PAGE 2 on 1. 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 Jì~ , 2005. Zf3~ day of COUNCIL MEMBER SHAUN WARDLE VOTED ~ COUNCIL MEMBER CHRISTINE DONNELL VOTED ~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED fþv COUNCIL MEMBER KEITH BIRD VOTED ~ MAYOR TAMMY de WEERD VOTED - (TIE BREAKER) and City Attorney. Dated: .Jt3O--oS B)'\' City Clerk's Office CITY OF MERIDIAN FiNDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).VAR-O5-012 - PAGE 3 on EXHIBIT A Sicily Subdivision V AR-05-012 Legal Description , ..~,~~~----- ,....,'.~"~.",..,.. ,,:,-~ - ,;,\ ;: >:: 4 O)p~ STFwARr fJ Hf \: 63:;: kIB1aI'r ..,," TRACT ill: AJJ Ow """'00 O"ho W.., H"f of'" S"thwm ~ of"'o No",-< Qo>rto. .., of "'0 w~, H"'f "( ", E~, H~f of <h, ""<h.", Quono- of"" N- Quono-I""" No"",", of~, &d~b,"gh C'o" ,,) " Sectio:J 3D, ToVm:ihip J North, Range I EaQ oftbeBo"", Meridian, Ada. COUßty,ld/lho< EXHIBIT B Sicily Subdivision V AR-05-012 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 (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 Ridenbaugh Canal borders the project on the south and west boundaries. The applicant states that the Ridenbaugh is a significant open seasonal irrigation canal which would require pipe diameter that substantially exceeds 48 inches in order to be tiled. The City of Meridian does not require the tiling of any canal which would require a pipe diameter in excess of 48 inches, and City Council agrees that the Ridenbaugh Canal would require a pipe substantially larger than 48 inches. The applicant has stated that it would be a hardship to be required to provide a bridge across the canal for a stub street to the south. Therefore, City Council finds that special circumstances exist that make strict application of this title impractical and unreasonable. The applicant has provided a stub street to the north, two stub streets to the east, and a cul-de-sac at the southern end of S. Vento Avenue which extends to the edge of the Ridenbaugh Canal right-of-way easement allowing for a future crossing of the canal, should it be become necessary. City Council 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 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, City Council 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 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 finds that the variance will not be detrimental to the public's welfare or injurious to other properties in the area. 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 the variance to the 1,000-foot maximum block length within the proposed Sicily Subdivision does not have the effect of altering the purpose and interest of the Zoning Ordinance. The proposed subdivision increases interconnectivity (by providing three stub streets) and provides for a future crossing of the Ridenbaugh Canal if it should become necessary.