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Home My WebLink AboutSilverleaf Sub VAR 03-006 MAYOR Robert D. Corrie . ~. Dlfer.C,T7YdOFlâ..Itn' ,'" "\ -#' ;:, V ~.ßJ ,,\'18! . LEGAL DEPARTMENT (208) 288-2499 - Fax 288-2501 PARKS & RECREATION (208 888-3579 - Fax 898-5501 CITY COUNCIL MEMBERS Tammy deWeerd William L. M. Nary Cherie McCandless Keith Bird PUBLIC WORKS (208) 898-5500 -Fax 887-1297 BUILDING DEPARTMENT (208) 887-2211 . Fax 887-1297 PLANNING AND ZONING (208) 884-5533' Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMEN I PROJI::G 1:S 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: February 25, 2003 Transmittal Date: February 7,2003 Hearing Date: March 4, 2003 File No.: VAR 03-006 Request: Variance to exceed 1,000 foot maximum block length and Variance to open space requirement for proposed Silverleaf Subdivision By: Crestline Development, LLC Location of Property or Project: 2683 West Chinden Boulevard David Zaremba, P/Z (No VAR, VAC, FP) Jerry Centers, P/Z (No VAR, VAC, FP) Leslie Mathes, P/Z (No VAR, VAC, FP) Michael Rohm, P/Z (NoVAR,VAC,FP) Keith Borup, P/Z (No VAR, VAC, FP) Robert Corrie, Mayor Bill Nary, CIC Tammy deWeerd, CIC Keith Bird, CIC Cherie McCandless, CIC Water Department Sewer Department Sanitary Service (No VAR, VAC, FP) Building Department Fire Department Police Department City Attomey City Engineer City Planner Parks Department Meridian School District (NoFP) Meridian Post Office (FP/PPonly) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PPonIy) U.S. West (FP/PPonIy) Intermountain Gas (FP¡PP only) Bureau of Reclamation (FPIPPonIy) Idaho Transportation Department (NoFP) Ada County (AZonIy) Ada County Assess. land Records (FP/PPonIy) Meridian Development Corporation Historical Preservation Commission Your Concise Remarks: 33 EAST IDAHO' MERIDIAN, IDAHO 83642 (208) 888-4433 - Fax (208) 887-4813 . City Clerk Office Fax (208) 888-4218 . Human Resources Fax (208) 288-1193 CITY OF MERIDIAN . Planning & Zoning Department 660 E, Watertower Ln., Ste. 202, Meridian, ID 83642 (208) 884-5533 Phone I (208) 888-6854 Fax . ~-IJOh VARIANCE APPLICATION (RE: Meridian Zoning Ordinance-1l-18, Meridian Subdivision Ordinance- 12-11) FOR SILVERLEAF SUBDMSION APPLICANT: Crestline Develooment. LLC ADDRESS: 114 E. Idaho Ave Suite 230 Meridian. Idaho 83612 PHONE: 895-8858 FAX: 895-0714 E-MAIL: OWNER(S) OF RECORD: Donald E and Jean S Hobbs ADDRESS: 2683 W. Cbinden Road. Meridian. Idaho PHONE: FAX: E-MAIL: ENGINEER, SURVEYOR, PLANNER: Shawn 1. Nickel. Land Coosultants Inc. ADDRESS: 52 N. 2nd Street. E8!tle. Tm.hn 83616 PHONE: 938-3812 FAX: 938-5873 E-MAIL: shawn@landconsultants.net ADÙRESS, GENERAL LOCATION OF SITE: 2683 W. Chinden Road. Meridian-west of Linder Road PRESENT ZONE CLASSIFICATION: RUT CR1Iral Urban Transition) PRESENT USE OF SUBJECT PROPERTY: V scant PROPOSED USE OF SUBJEct PROPERTY: Proposed Silver1ea.f Subdivision sincle famìlv res. DESCRIPTION OF PROPOSED VARIANCE: Variance to Section 12-4-5 oftbe Meridian Subdivision Ordinance requirin2 blocks to ~ not less than 400' and not more than 1.000' in length. Variance to Section 13-2 reœrdil1l¡ minimum o.pen s!JSœ reauirements. I have read the infonnatìon contained herein and certifY the ~ and correct Signature of Applicant: Y-- .I Rei'. 06/15/01 c~ OF VARIANCE APPUCAn8- (Incomplete applications will not be proœssed) The Council shall not grant a variance from the terms of this Ordinance unless and until a written application for a variance is submitted to the Administrator and the Council. The application shall contain the following information: 1. 2. 3. 4. 5. 6. 7. 8. 9. Completed and signed application fann. Proof of title of said owner (wamurty deed). Notarized consent ftom titled owner of property. (If owner is a corporation, provide a copy of the Articles of Iocorporation or other evidence to show that the person signing is an authorized representative). Legal description of subject property. Provide a written statement - what ordinance can you not comply with? Provide a written statement - what prevents compliance with the ordinance? Provide a written statement - what are the minimum requirements of this ordinance that need to be reduced to pennit the proposed use? Provide a written statement. what is the difficulty or hardslùp that would result if requirements of this ordinance were applied to the subject property? Provide a written statement - any unusual or peculiar circumstances that indicate regulations of this ordinance that should not be strictly complied with? 10. Provide a written statement that special conditions and circumstances exist which are peculiar to the land, structure or buildings involved which are not applicable to other lands, structures or buildings in the same district. 11. Provide a written statement that a literal interpretation of the provisions of this Ordinance shall deprive the applicant of rights commonly enjoyed by other properties in the same district under terms of this Ordinance. 12. Provide a written statement that special conditions or circumstances exist that was not a result of the applicant's action. 13. Provide a written statement that granting the variance requested shall not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structures or building8 in the same district. 14. Provide a written statement of how the granting of the variance would convenience the applicant and how the applicant would profit therefTom, which statement shall also represent whether profit and convenience is the sole reason why the variance is requested. 15. Provide a written statement regarding the relationship of the proposed variance to the Meridian Comprehensive Plan 2 Rev. 06/J5!Ol 16. 17. 18. 20. 21. . . One (1) copy ofa scalable 8 ~ x 11 site plan showing property lines, streets, etc. One (I) copy of a vicinity map at a scale of one (1) inch equals three hundred (300) feet, that includes surrounding zonings, streets, etc. If applicable, schematic building plans which indicate typical elevation and floor plan of any proposed construction. 19. A list of the mailing addresses of all property owners within three hundred feet (300') of the external boundaries of the land being considered. This list l!mt be obtained ITom the City of Meridian Planning & Zoning Department. Please request list seven days prior to submitting application. A fee established by the Council: Variance = $310.00 A signed affidavit stating that the property will be posted by the applicant 1 week before the public hearing. Posting must contain name of applicant, description of variance, and time and date of public hearing. Official notices are available at the Planning & Zoning Department or at City Hall. 22. After the property has been posted, the applicant shall deliver to the Zoning Administrator a notarized statement that he has posted the property and the date the posting was placed. ReI'. 06115101 . .... . . .. . -- . .. improvememsassóciated with a development request will beneftt the þllbIiQhea1th,~;or welfare.- - That rightwoúld be compromised by a literalwer¡)retationofthe law. ~ditiOpa\lý,thecol1ditions. - . that exist (lack of acçessto ChIDden, location ofexisi:íngstub streetconnectiOIlS ÍU1.Bdesiresofthe - - school district regãrdingdesign)adjacent to and iilthearea oftheprop~aœnotnec~ssarily - conditions that exist as a result of the applicant's own actions. Further, grantiIlgthe ymancew()wd . _maintain rights, which would be afforded, to others in the same situation. Many pfevì~ssubdivisions in the city have been granted simi1ar variance requests with simi1ar cirCUltlStânces that exist on this . - .. property., The variance would convenience the applicant" but to provide for the säìneability to develop the land with the specified limitations that other'property owners in the district could achievewithòut~ - such variances..' The variance would not constitute any special privilegefortheproperty oWnerthat . could not be sought by owners ofother land; The granting of the requested.variance will notbe. -.. detrimental to the Public's welfure or injuriousto other property in the area of the proposed plat. If approved, the granting of the variance would not be in conflict with the mtel1tòfthe Meridian ....~ Comprehensive Plan, which recognizes. among other things, that certain cirGumstancesexist, artd thJit - 1aiI.â deVelopment regulations shall be revised ftomtime to time. -- It is the opiniOn of the applicant that the literal interpretation of the provisiorts ófthe ordiIJance Would.~ deprive the applicant rights because the developmefu of the property Would bedifficu1t ifllo flexibility on open space minimums were allowed. An applicant has a right to eXpect that arty and all required . improv'ementsassociated with a deve1opmentrequest will benefit thé public health, Safety, or we~;; - That right would be compromised bya literal interpretätion of thelsw, Additiona11y,tlieconditions:'jc that exist (the!!Chooi district intentions ofusing a portion of the propertyforafututesêlfool Site) . -; -- adjacentto and in the area of the property are oo1IlecessarilyconditionSthate)¡ist$1fresuitof the applicant's own actions. Further, granting the variance would maintainrights,whichwo.uld be.. .- afforded, to othetS ufthe same situation. Patkcredits; open space requiremenfconcessions and -- dedications to public entities have always beènatypica1 part ofnegotiatiolls.practices~ agencies and developers. Previous developments in the city haVe been granted similar vaiiånce requests with similar circumsta.l1ces that exist on this property. The variancewou1dconveniencetheapplicant, buno- provide for the same ability to develop the land with the specified 1imitationsthat other property . oWners in the district could achieve without such variances. The variance would not constituteS!!)' special privilege for the property owner that could not be sought by owners of other land. The - . granting of the requested variance will not be detrimental to the Pllblic's welfare ör injurious to other . . . - -- The appli.cantisrequesting the varialwetQ Section13-2 of the Landscapeordiß-ancetoallowthe . . reduction of thee five percent common area requirementIor the subdivision. Jt is the intent of the developer to donate approximately I.I 7 acres of the proposed school site to theSch()çlDiStrict for. future open area in order to bring the usable open space within thedevelopmentto therequired5% . minimum. The hardship that exists with this property thai would enable the applicant ftoIllcomplying . with therequiremeíits in the Ordinance is that with the School District needing this area for a future school site, the configuration of the property changes and the total area all()\\ledforâevelopmentìs . . reduced; Rather than having individual "pocketparks"Jocatedin the subjeCìdevelopme1it that inayor . may not actuallybeusab1e,it appears that being adjacent to a future school site would provide . residents of this subdivision with ample public open space area to uti!izefut reCreation. By donatilig the 1.17 acres that the developer lacks to maintain the required 5% area, the school is bell.e¡ìtingftomc~- the overall purchase price of the property,andthe development is pròvided with future open space by . way of the schooL . .... Ig 1l~1212002 14: 03 FAX 2088886854. g I MERIDIAN P&Z DEPT. I 0 I ---1 c.> 0 '0 ~ 0 tD 0 0 ..... en <:> <:> .." (þ ~ :;: ~.z '" . ~ @OOJ L ::r< (") Z -uDJ-j §jcn-< ~-cS Z:;c» I G) 0 '"'C ~-c-->.. » m = -< :::c 1/ ~~ -~ . . AFFIDAVIT OF (FUTURE) POSTING OF PUBLIC HEARING NOTICE FOR SILVERLEAF SUBDIVISION I, Shawn L. Nickel, of Land Consultants, Inc., as authorized representative for Crestline Development, LLC, do hereby affinn that the said property will be posted one week prior to the public hearing. ~ -;/~ jVO¡)fA 6<'l. /~ .;lOo.;z Date Shawn L. Nickel Representing Crestline Development, LLC AcknowIede-ement STATE of'1ddho COUNTY OF J1dð...,