HomeMy WebLinkAboutBaldwin Park Subdivision VAR-01-020
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE )
APPLICATION OF CAPITAL )
DEVELOPMENT, CO., FORA )
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 )
C/C 04/02/02
VAR~01~020
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
ORDER OF DECISION
GRANTING A VARIANCE
The above entitled 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 Conclusions of Law and Order of Decision,. as follow~ to-yvit:
FINDINGS OF FACT
1. The City Council takes judicial notice of its Zoning, Subdivisions and
Page 1 of 9
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION GRANTING A VARIANCE I V AR-O 1-020
CAPITAL DEVELOPMENT, CO. I BADL WIN P ARI( SUBDIVISION
Development Ordinances codified at Title II 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 - JanualY 4, 1994 and Maps.
2. The requirements of Idaho Code S~ 67-6509, 6516 and Meridian City
Code SS 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 Y orgason and Marilyn Y orgason,
husband and vvife, whose address is 2304 N. Cole Road, Boise, Idaho 83704.
5. The location of the subject property is presently located approximately Y4
mile south of McMillan Road on the east side of Under Road; located in the SOlLth 1/2
of the NW Y4 of Section 26, TAN., R.l W., within a RT, with an R-8 requested.
6. The legal description of the property appertains to the real property that
is included \'Vithin the Vicinity Map, and is attached hereto as Exhibit "A" and consisting
of two pages, and as the legal description appears in the record of proceeds of this
matter, and which is on file with the Meridian City Clerkls office.
7. The present land use of subject property is presently zoned as RUT (Rural
Urban Transition), and which subject property is presently vacallt 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 / V AR-O 1-020
CAPITAL DEVELOPMENT, CO. / BADLWIN PARK SUBDIVISION
Page 2 of 9
property in the following manner: develop a singlewfamily 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
Under 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, S12-4-5, BLOCKS, and in the RUT zone if granted the rewzone, which
prov~des, as follows:
12-4-5 BLOCKS:
EvelY 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 (5001) nor more than one thousand feet
(1,000') in length.
II. All property owners 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 c01~1plia'nce
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 --
ORDER OF DECISION GRANTING A VARIANCE I V AR-OI-020
CAPITAL DEVELOPMENT, CO. I BADLWIN PARK SUBDIVISION
Page 3 of 9
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 all additional street that is only 200' in length.
14. The unusual 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 ~eprive
the Applicam 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 / V AR-OI-020
CAPITAL DEVELOPMENT, CO. / BADLWIN 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 developm.ent 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 vvith 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 ~f 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 / V AR-OI-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 vvill 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 authority pursuant to the enactment of the Local
Land Use Planning Act of 1975 codified at Chapter 65, Title 67, and in particular, by
the provisions of Idaho Code S 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 S 6.7-6516
by the enactrnent as a part of its Zoning and Development Ordinance variances, as set
forth in Meridian City Code S 11-18.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION GRANTING A VARIANCE / V AR-O 1-020
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 S 67-6509, 6516 and Meridian City Code ss 11-15-5 and 11-17-5.
"
4. Application and standards for variances are set forth in Meridian City Code
s 11-18-2, and the findings which are required are set forth in Meridian City Code S 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 topograr:ihy, 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 vvill 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, S 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 / V AR-QI-Q2Q
CAPITAL DEVELOPMENT, CO. / BADLWIN 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, Title 67, Idaho Code.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION GRANTING A VARIANCE I V AR-O 1-020
CAPITAL DEVELOPMENT, CO. I BADLWIN PARK SUBDIVISION
Page 8 of 9
By action of the City Council at its regular meeting held on the
I b~av
~
of
~
,2002.
ROLL CALL:
COUNCILMAN KEITH BIRD
VOTED~
VOTED$a-
COUNCILWOMAN TAMMY deWEERD
COUNCILMAN WM. L. M. NARY
VOTED $6-
VOTED*i:L
COUNCILWOMAN CHERIE McCANDLESS
MAYOR ROBERT D. CORRIE
(TIE BREAI<;f)
DATED: --I b -Oz,-
VOTED
MOTION:
APPROVED:~
DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department, and the City Attorney office.
&",--0.;{~'.'~j.G
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./~t-~
1-17-02-1.
ByJl~~ft~/~
City Clerk
Dated:
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION GRANTING A VARIANCE / V AR-O 1-020
CAPITAL DEVELOPMENT, CO. / BADL WIN PARK SUBDIVISION
Page 9 of 9
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