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Home My WebLink AboutOlsen Bush No 2 VAR 02-013 MAYOR Robert D. Corrie HUB OF TREASURE VALLEY A Good Place to Live LEGAL DEPARTMENT (20&) 2&8.2499 . Fax 2&&.250 1 CITY COUNCIL MEMBERS Tammy deWeerd Keith Bird Cherie McCandless William L.M Nary CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (20&) &&8-4433. FAX (208) &&7-4813 City Cleric OffICe Fax (20&) &8&-421& PUBUC WORKS BUlWING DEPARTMENT (20&) &9&.5500. Fax &&7.1297 PLANNING AND ZONING DEPARTMENT (20&) &&4-5533 . FAX &&8-6&54 MEMORANDUM: August 28, 2002 FROM: Shari Sliles, Plllnni118 Director/Zoning Administrator RECEIVED AUG 2 8 2002 City Of Meridian CityClerkOflice TO: Mayor and City Council DATE: August 28, 2002 RE: Request for a Variance ofMCC 12-3-8, Requiring the Recordation ofa Final Plat within One (1) Year of Council Approval, for Olson Bush Industrial Park No.2- 10 Buildable Lots on 14.39 Acres in an I-L Zone (File No. V AR-02-013). I have reviewed the applicant's submittal and offer the following comments and recommendations: APPLICATION SUMMARY This subject property was originally annexed in 1996 (Ordinance No. 731) and is subject to a development agreement. A review of the files did not produce evidence that a development agreement bas yet been drafted. A preliminary plat was approved in July 1996. A final plat was not submitted due to the fact that easements through Elixer's property (north of this parcel) were required to serve the property with sewer service. As the preliminary plat is considered null and void one year after approval, the applicant submitted a variance application in May of 1999 to reinstate the preliminary plat, which was granted by the Meridian City Council on July 20, 1999. A final plat was submitted in June of 2000. Meridian City Code (MCC) 12-3-8 requires Final Plat to be recorded within one (1) year of City Council approval. Ifan applicant cannot record the subdivision with in one (1) year, the MCC provides for City Council to authorize a one (1) year time extension to have the plat recorded. A one (1) year time extension was granted on August 21, 2001, giving the applicant unlil August 1, 2002, to record the final plat. If the plat is not recorded within this timeframe, the subdivision becomes null and void. As a time extension may only be granted once, a variance from City Ordinance is required for the final plat to still be considered valid. VAR..(I2.013 Mayor and Council August 28, 2002 Page 2 The application states that the variance is for a one (1) year extension of the preliminary plat. However, a variance needs to be granted for exceeding the time requirements for recordation of the final plat in order for the plat to remain valid. LOCATION The property is located west of Eagle Road and north of Franklin Road. SURROUNDING PROPERTIES North - Union Pacific Railroad South - Land zoned RUT in Ada County, and Franklin Road further south. East - Lots in Phase 1 of Olson Bush Industrial Park, with an application in process for annexation with a zone ofI-L. West - Parcel zoned R-l in Ada County, with Meridian Academy and Joint School District No.2 bus facility just west ofR-l parcel. REOUIRED FINDINGS According to Ordinance 12-11-2, 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, 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 uureasouable. In such cases, the subdivider shall first state bis reasons in writing as to the specific provision or requirement involved; Applicant states poor market conditions and delays in the completion of the construction drawings as the reason for the variance request. Staff does not find that the reasons cited do not make recordation of the final plat impracticable and unreasonable. Council should rely on further explanation from the applicant to determine is there are special circumstances that affect this property in a manner that would make strict application ofMCCI2-3-8 unreasonable. 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 tbe objectives of this Title; VAR-02-013 Mayor and Council August 28, 2002 Page 3 Staff finds that strict compliance with the requirements of this Title are not due to unusual topography, the nature or condition of adjacent development, or other physical conditions. Council shall determine if there are other conditions that make strict compliance with this Title unreasonable, or that compliance with the Ordinance will inhibit the achievements or objectives of this Title. 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 finds that the requested variance will not necessarily be detrimental or injurious to the public's welfare or to the other properties in the area as long as current ordinances are met at the time of building permit for all lots within the subdivision. The City Council should listen and consider any public testimony offered concerning whether or not the surrounding property owners feel that the requested variance will affect their properties. D. That such variance will not violate the provisions of the Idaho Code. Staff is unaware of provisions of Ida130 Code that would be violated by the issuance of the requested variance. E. That such variance will not have the effect of altering the interest and purpose of this Title and the Meridian Comprehensive Plan. Staff finds that the issuance of a variance for this project will not violate the intent and purpose of the Meridian City Code and the Comprehensive Plan, as long as there is compliance with all ordinances in effect at the time building permits are sought. STAFF RECOMMENDATION Staff recommends approval of the variance request to August 1,2003, provided applicant agrees to comply with all ordinances in effect at the time of application for building permits. If applicant is not in agreement, staff recommends denial. VAR-Q2-013 / MAYOR Robert D. Corrie ...~., ':~~.~: ~_,!"l'.~'':''. 'j( oW'e;;II;~'--~~; ',\, , '~IDAHO // ~ L/ no ~ .<0(, SllICE ',gOJ LEGAl. DEP.-\RTI.IENT (208) :88-2499. Fax .!8:i-2501 CITY COUNCIL MEMBERS Tammy deWeerd William L. M. Nary Cheri~ McCandless Keith Bird PARKS & RECREATION (20888&-3579' F.., 898-5501 PUBLIC WORKS (208) 898-5500 'F.x &87-1297 BUILDING DEPARTMENT (208) 887-2211. Fa..'t 887-1.297 PLANNING AND ZONING (208) &84-5533 . Fox 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: August 29, 2002 Transmittal Date: August 6, 2002 Hearing Date: September 3, 2002 File No.: VAR 02-013 Request: Request for a Variance for a second time extension on the preliminary plat approval for Olsen Bush Subdivision By: R2 Development Location of Property or Project: west of North Eagle Road, north of East Franklin Road David Zaremba, PIZ (Ho VAR, VA" FP) Jerry Centers, P/Z (Ho VAR, VAC, FP) Leslie Mathes, PIZ (Ho VM VAC, FP) Keven Shreeve, PIZ (Ho VM VAC, FP) Keith Borup, P/Z (Ho VM VAC, FP) Robert Corrie, Mayor Bill Nary, C/C Tammy deWeerd, C/C Keith Bird, C1C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service (Ho VM VA" "") Building Department our Concise Re v'" Fire Department Police Department City Attomey City Engineer City Planner Parks Department Meridian School District (Ho "") Meridian Post Office {FPIPP_ Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FI'IPPonlyJ U.S. West (FI'I1'PonlyJ Intermountain Gas(FI'IPP_ Bureau of Reclamation (FPtPP_ Idaho Transportation Department (Ho FP) u~ty (AZ ~ RECEIVED AUG 1 5 2002 City Of Meridian City Clerk Office 33 EAST IDAHO. MERIDIAN, IDAHO 83642 (208) 888-4433 . Fax (208) 387-4813 . City Clerk Omce Fax (208) 888-4218 . Human Resources Fax (208) 884-8723 l ({j r-{ / / "JAYOR Robert D. Corrie clfc~;:dl~ ", ~ IDAHO .~ /. } ....~, ,..? ('....,,~ f.J!H....TR~-~..:;l.ltI'V'~q:: ',1903 LEGAL DEPART~[ENT (208) 2SS.1499' F;p; 28i')-250] CITY COUNCIL MEMBERS Tammy cleWcerd Willi:::l.m L. M. N:l.ry Cherie McCandless Keith Bird PARKS & RECREATION (208888.)579' Fa:\ WJ8-5501 PUBLIC WORKS (208) 898-5500 aFa,'( 887-1197 BUILDING DEPARTMENT (108) 887-12114 FJX 8&7-1297 PLANNING AND ZONING (~08) 884-5533 . F:JX 888-685* . TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: August 29, 2002 Transmittal Date: August &, 2002 Hearing Date: September 3,2002 File No.: VAR 02-013 Request: Request for a Variance for a second time extension on the preliminary plat approval for Olsen Bush Subdivision By: R2 Development Location of Property or Project: west of North Eagle Road, north of East Franklin Road David Zaremba, PIZ (No VAR, VAC, FP) Jerry Centers. P/Z (No VAR. VAC. FP) Leslie Mathes, P/Z (No VAR, VAC, FP) Keven Shreeve, PIZ (No VAR, VAC, FF) Keith Borup, P/Z (No VAR. VAC, FF) Robert Corrie, Mayor Bill Nary, CIC Tammy deWeerd, CIC Keith Bird, C1C Cherie McCandless, CIC V" Water Department Sewer Department Sanitary Service (No VAR, VAC, FP) Building Department Your Concise Remarks: Fire Depart~ent Police Department City Attomey City Engineer City Planner Parks Department Meridian School District (No FP) Meridian Post Office {FPIPPonI>J Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FPlPP ~I)o) U.S. West {FPIPPonI>J Intermountain Gas{FPlPponI>J Bureau of Reclamation {FPIPPonI>J Idaho Transportation Department (NoFF) Ada County (AZ onI>J .vr RECEIVED AUG 1 3 2002 33 EAST IDAHO. MERIDIAN, IDAHO 83642 (208) 888-4433' Fax (208) 887-4813 . City Clerk Onice Fax (208) 888-4218 . Human Resources Fax (208) 884-8723 City of Meridian City Clerk Office MAYOR Robert D. Corrie '-~;' rr~:,. ' . " .~ ~-'~iIi."q~ ;.. ~ ~ /' CITY OF t!.I~,~ _ " \...-Nt endian "; \, ~ IDAHO / ~ ~/ ". <!!.JbTrU'^SI'lll'V~'L~~ :1903 PARKS & RECREATION (20888&-3579' Fax 898.5501 PUBLIC WORKS (208) 898.5500 .Fax 887-] 297 BUILDiNG DEPARTMENT (208)887-2211 " Fax 887.1297 PLANNING AND ZONING (208) 884.5533 . Fax 888.685..t LEGAL DEPARTMENT (208) 288-2499 . Fa.'\: 288.250 I CITY COUNCIL MEMBERS Tammy ul.:Weerd William L M. Nary Cherie McCandless K~itl1 Bird TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: August 29, 2002 Transmittal Date: August 6, 2002 Hearing Date: September 3, 2002 File No.: VAR 02-013 Request: Request for a Variance for a second time extension on the preliminary plat approval for Olsen Bush Subdivision By: R2 Development Location of Properly or Project: west of North Eagle Road, north of East Franklin Road David Zaremba, PIZ (No v..... VAC, FP) Jerry Centers, PIZ (No VAR. VAC, FP) Leslie Mathes, PIZ (No v..... VAC, FP) Keven Shreeve, PIZ (No v..... VAC, FP) Keith Borup, PIZ (No VAR, VAC, FP) Robert Corrie, Mayor Bill Nary, CIC Tammy deWeerd, CIC Keith Bird, C1C Cherie McCandless, CIC Water Department ,,/" Sewer Department Sanitary Serv ice (No VAR. VAC, FP) Building Department Your Concise Remarks: Fire Department Police Department City Attomey City Engineer City Planner Parks Department Meridian School District (No FP) Meridian Post Office (FPIPP only) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FPIPP only) U.S. West (FPiPPonly) Intermountain Gas(FPIPPonIy) Bureau of Reclamation (FPIPPonly) Idaho Transportation Department (No FP) Ada County (AZ only) RECEIVED AUG - 9 2002 FB~~I~D CITY OF MERIDIAN WASTEWATER DEPT. . City of Meridian City Clerk Office 33 EAST IDAHO' MERIDIAN, IDAHO 83642 (208) 888-4433' Fax (208) 887-4813 . City Clerk Omce Fax (208) 888-4218 . Human Resources Fax (208) 884-8723 G~j ~~~IR~~ CENTRAL DISTRICT HEALTH DEPARTMENT "HEALTH Environmental Health Division DEPARTMENT g sJ... W Return to: o Boise DEagle o Garden City A!Meridian o Kuna DACZ .. Rezone # Conditional Use # Preliminary / Final/Short Plat \J A-r? Od--. -Q I :\ ~ We have No Objections to this Proposal. o 2. We recommend Denial of this Proposal. ~ ~ .,~ ; ~;, 7ff.? . C'~'J . . ...1",....., CITY OF MERIDIAN CITV r: CPV ncr::rrr:: Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. 03. 04. 05. We will require more data concerning soil conditions on this Proposal before we can comment. Before we can comment concerning individual sewage disposal, we will require more data conceming the depth of: o high seasonal ground water 0 waste flow characteristics o or bedrock from original grade Do1I1er o 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. 07. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. o 8. After written approval from appropriate entities are submitted, we can approve this proposal for: o central sewage 0 community sewage system 0 community water well o interim sewage 0 central water o individual sewage 0 individual water o 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: o central sewage 0 community sewage system 0 community water o sewage dry lines 0 centrai water o 10. Run-off is not to create a mosquito breeding problem. o 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. o 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. o 13. We will require plans be submitted for a plan review for any: o food establishment 0 swimming pools or spas o beverage establishment 0 grocery store o child care center 014. Date: --R:Jb.fR- Reviewed By: ~~~ Review Sheet CDHD9IDDlkc RECEIVED AUG 2 0 2002 City of Meridian City Clerk Office ~ & ~ 1~ '[)i4tUa 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 August 9, 2002 phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Will Berg, City Clerk City of Meridian 33 East Idaho '~eridian, ID 83642 Re: V AR 02-013 Variance request for a second time extension on preliminary plat approval Olsen Bush Subdivision Dear. Commissioners: The Nampa & Meridian Irrigation District has no comment on the above-mentioned application. Sincerely, 13~ t/.. Bill Henson, ~ Superintendent NAMPA & MERIDIAN lRRlGATION DISTRICT BH: din C: File - Shop File -.Office Water Superintendent APPROXIMATE IRRIGABlE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000