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HomeMy WebLinkAboutScottsdale Subdivision VAR-00-005 . . BEFORE THE MERIDIAN CITY COUNCIL 04-20-00 IN THE MATTER OF THE APPLICATION OF WOLFE COMMERCIAL ENTERPRISES, LLC, FORA VARIANCE FROM THE PLATTING CONDITION AND CITY POLICY TO PROVIDE PRESSURIZED IRRIGATION TO LOTS IN SCOTTSDALE SUBDIVISION, MERIDIAN, IDAHO V AR.OO-OO5 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 April 18, 2000, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing on behalf of the Applicant was Becky Bowcutt of Briggs Engineering, Inc., and appearing with comments or concerns were: Linda Holstein, 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 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 -- Page 1 of 11 ORDER OF DECISION GRANTING A VARIANCE / V AR-OO-OO5 WOLFE COMMERCIAL ENTERPRISES, LLC / SCOTTSDALE SUBDIVISION . . 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 ofIdaho 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 Wolfe Commercial Enterprises, LLC" whose address is 1409 East 1 st Street, Meridian, Idaho. 4. ,The location of the subject property is located South of Franldin Road between Meridian and Linder Roads, Meridian, Idaho. 5. The legal description of the property appertains to the real property that is included within the Vicinity Map as appears in the record of proceeds of this matter, and is described as follows: A parcel of land located in the NE 1/4 of the NW 1/4 of Section 13, Township 3 North, Range 1 West of the Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the north 1/4 corner of Section 13, T. 3N., R, lW., B.M., thence S 0°04'01" E 40.00 feetto a point on the south right-of-way ofW. Frarùdin Road, the REAL POINT OF BEGINNING of this description; Thence N 89°49'00" W 155.50 feet along said south right-of-way to a point; Thence S 45"11'00" W 28.28 feet to a point; Thence SooHOO" W 265.00 feet to a point; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 2 of 11 ORDER OF DECISION GRANTING A VARIANCE / V AR-OO-OO5 WOLFE COMMERCIAL ENTERPRISES, LLC / SCOTTSDALE SUBDIVISION . . Thence N 89°49'00" W 195.85 feet to a point on the east boundary of Crest Wood Estates Subdivision No.1, filed in Book 36 of Plats, at page 3060, records of the Ada County Recorder's Office; Thence S 9°10'00" E 125.49 feet along said east boundary to a point; Thence S 0°05'00" W along said easterly boundary 58.10 feet to the northeast of Fenway Park No.3 Subdivision, filed in Book 66 of Plats, at page 6890, records of the Ada County Recorder's Office; Thence S 0°04'03" E 124.73 feet along the east boundary of said Fenway Park No.3 Subdivision to an angle point; Thence S 65°51'33" E 386.92 feet along the northeasterly boundary of said Fenway Park No.3 Subdivision and Fenway Park No.2 Subdivision to a point on the west boundary of Franklin Square Subdivision, filed in Book 44 of Plats, at page 3587, records of the Ada County Recorder's Office; Thence N 0°04'01" W 748.77 feet along said west boundary to the REAL POINT OF BEGINNING of this description. This parcel contains 4.296 acres, more or less. 6. The present land use of subject property is presently zoned as (R-15) Medium High Density Residential District, and contains 4.296 acres of vacant land, more or less. 7. The proposed land use of subject property is to develop the subject property in the following manner: Limited Office. 8. That a vicinity map, attached hereto as Exhibit "A", 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 3 of 11 ORDER OF DECISION GRANTING A VARIANCE / V AR-OO-OO5 WOLFE COMMERCIAL ENTERPRISES, LLC / SCOTTSDALE SUBDIVISION . . 9. The Applicant seeks a variance of the following provision of the Meridian City Code, § 12-5-2N, Pressurized Irrigation System, in the R-15 zone, which provides as follows: I2-5-2N Pressurized Irrigation System: 1. System Installation Required: In each subdivision the subdivider shall provide by underground tile, or other satisfactory underground conduit, pressurized irrigation water to each and every lot within the subdivision. The pressurized irrigation system shall be constructed and installed at the same time as the domestic water lines, but shall not necessarily be in the same trenches. 2. Cross-Connections Prohibited: There shall be no cross-connections between the domestic water lines and the irrigation water lines that do not comply with Title 9, Chapter 3 of this Code. 3. Approval By City Engineer; Waiver Of Requirements: All such pressurized irrigation water systems shall be approved by the City Engineer. Provided, however, that the requirements of this subsection may be waived upon proof that any particular lot, parcel or piece of land does not have water rights in an existing irrigation district. 4. System Provided By City: Also, the above requirement may be waived if the subdivider either: a) deeds to the City land for a well, drills the well and places the well on-line with the City water system, including the necessary pumps, piping, valves, pressure equipment, and all other equipment necessary, and which well depth and capacity are determined by the City; or b) the subdivider deposits, gives and grants sufficient funds with the City to purchase all necessary equipment to put the well on-line with the City water system. In many subdivisions the latter option may be preferable to the City so that the City may combine funds to drill and equip one large well to service several subdivisions, rather than have several smaller wells of less capacity. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 4 of 11 ORDER OF DECISION GRANTING A VARIANCE / V AR-OO-OO5 WOLFE COMMERCIAL ENTERPRISES, LLC / SCOTTSDALE SUBDIVISION . . 10. 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. 11. The characteristics of the subject property which prevent compliance with the requirements of the ordinance are that The Nampa & Meridian Irrigation District does have water available, however, the property to the south has filled in the drainage system and there is no place for the overflow water to go. Since there is no overflow the Nampa & Meridian Irrigation District will not deliver the water. 12. The minimum requirements of the ordinance that need to be reduced to permit the proposed use would be the elimination of the requirement for pressurized irrigation system. 13. The difficulty or hardship which would result if the requirements of the ordinance were applied to the subject property are that the Applicant cannot meet a City requirement, and therefore the project cannot obtain City approval of the plat. 14. The unusual or peculiar circumstances which indicate that regulations of the ordinance should not be strictly complied with are that the system cannot be built to City or the Nampa & Meridian Irrigation District standards. 15. The special conditions and circumstances that exist are that there is no discharge available for the irrigation water. The system cannot be installed per City FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- PageS of 11 ORDER OF DECISION GRANTING A V ARlANCE / V AR-OO-OO5 WOLFE COMMERCIAL ENTERPRISES, LLC / SCOTTSDALE SUBDIVISION . . and Nampa & Meridian Irrigation District standards. 16. A literal interpretation of the provisions of the ordinance would deprive the Applicant rights because without the removal of the condition of the plat, the project cannot go forward. 17. The existence of special circumstances or conditions affecting the property are the result of the platting of the property to the south, not by the property owner. 18. Granting the variance would maintain rights which would be afforded to others in the same situation. 19. The Applicant was prepared to install the pressurized irrigation system but due to the circumstances stated above and not being able to install the system, the value of the lots has diminished. There is no anticipation of profit from the variance, it is due to practicality. 20. The granting of the requested variance will not be detrimental to the 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 6 of 11 ORDER OF DECISION GRANTING A VARIANCE / V AR-OO-OO5 WOLFE COMMERCIAL ENTERPRISES, LLC / SCOTTSDALE SUBDIVISION . . 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. 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 § 67-6516 to provide as part of its zoning ordinance for the process of applications for variance pennits. 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. 3. That the requirements for the processing of a variance request are set forth in Idaho Code §§ 67-6509, 6516 and Meridian City Code §§ ll-15-5 and ll-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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 7 of II ORDER OF DECISION GRANTING A VARIANCE / V AR-OO-OO5 WOLFE COMMERCIAL ENTERPRISES, LLC / SCOTTSDALE SUBDIVISION . . 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. Section 12-5-2N, PRESSURIZED IRRIGATION SYSTEM, of the Meridian City Code provides for an R-15 zone that states in part as follows: 12-5-2N Pressurized Irrigation System: 1. System Installation Required: In each subdivision the subdivider shall provide by underground tile, or other satisfactory underground conduit, pressurized irrigation water to each and every lot within the subdìvision. The pressurized irrigation system shall be constructed and installed at the same time as the domestic water lines, but shall not necessarily be in the same trenches. 2. Cross-Connections Prohibited: There shall be no cross-connections between the domestic water lines and the irrigation water lines that do not comply with Title 9, Chapter 3 of this Code. 3. Approval By City Engineer; Waiver Of Requirements: All such FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 8 of 11 ORDER OF DECISION GRANTING A VARIANCE / V AR-OO-OO5 WOLFE COMMERCIAL ENTERPRISES, LLC / SCOTTSDALE SUBDIVISION . . pressurized irrigation water systems shall be approved by the City Engineer. Provided, however, that the requirements of this subsection may be waived upon proof that any particwar lot, parcel or piece of land does not have water rights in an existing irrigation district. 4. System Provided By City: Also, the above requirement may be waived if the subdivider either: a) deeds to the City land for a well, drills the well and places the well on-line with the City water system, including the necessary pumps, piping, valves, pressure equipment, and all other equipment necessary, and which well depth and capacity are detennined by the City; or b) the subdivider deposits, gives and grants sufficient funds with the City to purchase all necessary equipment to put the well on-line with the City water system. In many subdivisions the latter option may be preferable to the City so that the City may combine funds to drill and equip one large well to service several subdivisions, rather than have several smaller wells of less capacity. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 9 of 11 ORDER OF DECISION GRANTING A VARIANCE / V AR-OO-OO5 WOLFE COMMERCIAL ENTERPRISES, LLC / SCOTTSDALE SUBDIVISION . . 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 for pressurized irrigation system in Scottsdale Subdivision. 2. This variance is conditioned upon and subject to: 2.1 A requirement of the plat is that ten feet of the 20-foot-wide perimeter landscaping shall be installed prior to applying for building permits, and this requirement should not be waived. Each individual lot shall be responsible for providing an underground sprinkling system to all landscaped areas. A separate landscape meter should be installed to each lot during construction. A well development fee of $672 per lot should be required if the variance is granted. NOTICE OF FINAL ACTION Please take notice that this is a final action of the govenúng 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 a variance authorizing a variance of the Pressurized Irrigation System of the R-8 Zone as provided in the Section l2-5-2N 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 -- Page 10 of 11 ORDER OF DECISION GRANTING A VARIANCE I V AR-OO-OO5 WOLFE COMMERCIAL ENTERPRISES, LLC I SCOTTSDALE SUBDIVISION . . By action of the City Council at its regular meeting held on the 2Nf) day of /h~ ,2000. ROLL CALL: COUNCILMAN KEITH BIRD VOTED $~ VOTED #-A..-- COUNCILMAN RON ANDERSON COUNCILPERSON CHERlE McCANDLESS VOTEDþ VOTED $~ COUNCILPERSON TAMMY deWEERD MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: 5 ~ Z -00 MOTION: APPROVE~ DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and the City Attorney office. B~~~9 . ity Clerk Dated: .7 ~-tJtJ msg/Z:\Work\MlMeridian 15360MIScottsdale VAR\FfCIsGrantVariance FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 11 of 11 ORDER OF DECISION GRANTING A VARIANCE / V AR-OO-OO5 WOLFE COMMERCIAL ENTERPRISES, LLC / SCOTTSDALE SUBDIVISION . ~~,~irm~~~!,!,I":I:,,II,\IÐ~emi~ Nt ~ ~ ~ ~ I RT - .--l.::.-'J III , -t-- = e- - __m______-- -,l::trn: ì ff-i~ 1111111 ~:=~ ~-~ ;:::.~ I ~~ R1 ,. r _I _1/ E:d I- "" -1 a=. "" ~~!'-, c: I~~ R' ~ ',-J ~.~ ~ ~J/ I~ 111111111 ~ - f- L ?>,. ~ I" EnwlWiipT~. - ~, R-15 1- JY c- @ ¡IIJ'i::-'" r::---<= ¡ ~~~~ ~! nl~j- I" t:ttl:!:J:lli:J jj: IIllD ~ d - ¡ I I 1 -LJ I I I I I I I I r c-I .r. J? E8 e--,! .::: l-J , := -I ..¡ ~ IKr-- ¡~t; ~~ IF ~ RT .c:: ~I ~tJJ~~ J t ~ "~\ - ,----"'./~ I .. ~;'JI~~III:I:..1 ~I ~I.' . ;: ~ ,-' - ,~ ~ REVISION F - "' .,. (208) 344-9700 '800W OVERLANDRD BOISE, IDAHO 83705 1/2 MILE VICINITY MAP SCOTISDALE SUBDIVISION NW 1/4 SECTION 13, T.3N., R.1W., 8.M. ADA COUNTY, IDAHO SHEET 3 0F4 BRIGGS ENGINEERING, INC. (~) DESIGN I DRAFT ¡SCALE DATE BKB '-~600 "'°3/98 DWG NO 980202 ,,80202APR EXh/6/f "/1" _.