Loading...
HomeMy WebLinkAboutMacaile Meadows Subdivision VAR-01-007BEFORE THE MERIDIAN CITY COUNCIL C/C 07-03-01 Revised C/C 07/17/01 IN THE MATTER OF THE ) APPLICATION OF HILLVIEW ) LAND DEVELOPMENT, LLC, ) FOR A VARIANCE OF THE 1,000 ) FOOT BLOCK LENGTH FOR ) PROPOSED MACAILE ) MEADOWS SUBDIVISION, ) LOCATED SOUTH OF ) FAIRVIEW AVENUE AND ) NORTH OF PINE STREET, 1/4 ) MILE WEST OF CLOVERDALE ) ROAD, MERIDIAN, IDAHO ) ) VAR-01-007 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 June 19, 2001 and continued tmtil June 27, 2001 and July 3, 2001, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing on behalf of the Applicant or in favor of the application were: Gary Dodge and Mark Butler of Land Consultants, Inc., and appearing in opposition and/or with comments or concerns were: Holly Turney, Scott Curtis, Amie Hope, Delores Sass, Cynthia Curtis, Greg Allman, Laurie Hopldns, Andrew Hopkins and Michelle Weiss, and numerous letters received in opposition of the application and which are on file FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 1 of 9 ORDER OF DECISION GRANTING A VARIANCE / VAR-01-007 HILLVIEW LAND DEVELOPMENT, LLC / MACAILE MEADOWS SUBDIVISION in the City Clerk's office, 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 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 of Idaho 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 Hillview Land Development, LLC, whose address is 2150 N. Cantar Place, Eagle, Idaho 83616. 4. The owners of the property are Southern Idaho Corporation of Seventh Day Adventist, whose address is P.O. Box 4878, Boise, Idaho 83711-4878. 5. The location of the subject property is presently located in a RUT (Rural Urban Transition), and which subject property is located south of Fairview Avenue and north of Pine Street, 1/4 mile west of Cloverdale Road, Meridian, Idaho. 6. The legal description of the property appertains to the real property that FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 2 of 9 ORDER OF DECISION GRANTING A VARIANCE / VAR-01-007 HILLVIEW LAND DEVELOPMENT, LLC / MACAILE MEADOWS SUBDIVISION is included within the Vidnity 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 Cleric's office. 7. The present land use of subject property is presently zoned as RUT (Rural Urban Transition), and which subject property is presently vacant land. 8. The proposed land use of subject property is to develop the subject property in the following manner: Development of 115 building lots and 15 other lots · for proposed Macaile Meadows Subdivision, but presently oxxly 60 building permits may be obtained until access both to Cloverdale on the northeast and Pine Avenue on the south have been made available. 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, §12-4-5, BLOCKS, and in the RUT zone if granted the re-zone, which provides as follows: 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. BlocLs shall not be less than five hundred feet (500') nor more than one thousand feet ( 1,000') in length. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 3 of 9 ORDER OF DECISION GRANTING A VARIANCE / VAR-01-007 HILLVIEW LAND DEVELOPMENT, LLC / MACAILE MEADOWS SUBDiVISION 11. 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 compliance with the requirements of the ordinance are that Blocks 7 and 8 need to exceed the 1,000 foot maximum block lenffth because these two Blocks are on the perimeter boundaries of the subdivision, and breaking up the blocks is not possible considering the adjacent land uses to the subdivision. Immediately to the west of the proposed devdopment is Crossroads Subdivision No.'s 6 and 7. A public street stub to the west from Macaile Subdivision is not possible because Crossroads was not required to have a stub street to their eastern boundary. Immediately east of the proposed development is a developed church site, also with no connections to the subject property. With these two existing constraints limiting the use of public streets as a means of separating the blocks, mxly with a major redesign of this project, and the presence of many additional cul-de-sac streets, would this subdivision then be able to meet the requirement of Section 12-5-4. I3. The minimum requirements of the ordinance that need to be reduced to permit the proposed use would be the need to increase and exceed the 1,000 feet due to the above constraints in number 12 above and that would allow for a legal FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 4 of 9 ORDER OF DECISION GRANTING A VARIANCE / VAR-01-007 HILLVIEW LAND DEVELOPMENT, LLC / MACAILE MEADOWS SUBDIVISION block. 14. The difficulty or hardship which would result if the requirements of the ordinance were applied to the subject property is as stated above in numbers 12 and 13 hereinabove. 15. 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 as stated above in numbers 12 and 13. 16. A literal interpretation of the provisions of the ordinance would deprive the Applicant rights because the development of the property would be difficuk if no flexibility on block lengths were allowed. An applicant has a right to expect that any and all required improvements associated with a development request will benefit the public health, safety, or welfare. That right would be compromised by a literal interpretation of the law, because both Crossroads Subdivision to the west, and Westdale Park Subdivision to the south were developed with block lengths in excess of 1,000 feet. Additionally, the fact that the conditions that exist (lack of stub street connections) adjacent to the property are not conditions that exist as a result of the applicant's own actions. 17. The existence of special circumstances or conditions affecting the property is as those stated above in numbers 12, 13 and 16 hereinabove. FIND1NGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 5 of 9 ORDER OF DECISION GRANTING A VARIANCE / VAR-01-007 HILLVIEW LAND DEVELOPMENT, LLC / MACAILE MEADOWS SUBDIVISION 18. Granting the variance would maintain rights which would be afforded to others in the same situation. 19. The Comprehensive Plan for the RUT District is to encourage compatible infill development which would improve the ex/sting neighborhoods, and the recognition that land development regulations shall be revised to encourage the in filling of existing vacant parcels within the city limits. 20. The variance would convenience the applicant, but to provide for the same ability to develop the land with 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 ovmers of other land. 21. 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 heating of this matter. 22. The granting of this variance will 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 6 of 9 ORDER OF DECISION GRANTING A VARIANCE / VAR-01-007 HILLVIEW LAND DEVELOPMENT, LLC / MACAILE MEADOWS SUBDIVISION 23. The applicant paid the fee established by the City Council for application variance. 24. The applicant shall comply with the Ada Comxty Highway District's requirements, including the Special Recommendation to the City of Meridian, the Site Specific Requirements and the Standard Requirements, which are listed in the ACHD's letter dated June 4, 2001. 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 permits. 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 § I 1-18. 3. That the requirements for the processing of a variance request are set forth in Idaho Code § 67-6509, 6516 and Meridian City Code §§ 11-15-5 and 11-17-5. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 7 of 9 ORDER OF DECISION GRANTING A VARIANCE / VAR-01-007 HILLVIEW LAND DEVELOPMENT, LLC / MACAILE MEADOWS SUBDIVISION affecting the property that strict application of the provisions of Zoning and Development Ordinance would dearly 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 topography, the nature or condition of adjacent development, or other physical conditions or other conditions that make strict compliance with the ordinance unreasonable rudder 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. Meridian City Code, § 12-4-5, BLOCKS, and in the RUT zone if granted the re-zone, provides as follows: 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 F1NDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / VAR-01-007 HILLVIEW LAND DEVELOPMENT, LLC / MACAILE MEADOWS SUBDIVISION FOREGOING Page 8 of 9 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 block requirements for Bloclcs 7 and 8 within Macaile Meadows Subdivision in the RUT zone. Additionally, the development of 115 building lots and 15 other lots for proposed Macaile Meadows Subdivision, shall presently be only 60 building permits which may be obtained until access both to Cloverdale on the northeast aa~d Pine Avenue on the south have been made available. Additionally, the Applicant shall comply with the Ada County Highway District's requirements, including the Special Recommendation to the City of Meridian, the Site Specific Requirements and the Standard Requirements, which are listed in the ACHD's letter dated June 4, 2001. 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 -- Page 9 of 9 ORDER OF DECISION GRANTING A VARIANCE / VAR-01-007 HILLVIEW LAND DEVELOPMENT, LLC / MACAILE MEADOWS SUBDIVISION By action of the City Council at its regular meeting held on the ROLL CALL: COUNCILMAN RON ANDERSON / 7-/ day COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE McCANDLESS VOTED VOTED VOTED_~~''/ VOTED /~~ MAYOR ROBERT D. CORRIE (TIE BREAIrd~R) DATED: '7--/7~-~) / VOTED MOTION: APPROVED:~~:~ DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and the City Attorney office. City Clerk Dated: 7-' / 7'~t~/ Z:\WorkVvlVvl~idian~lcridian 15360M~lacaile Meadows VAR01-007 AZ0 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 10 of 9 ORDER OF DECISION GRANTING A VARIANCE / VAR-01-007 HILLVIEW LAND DEVELOPMENT, LLC / MACAILE MEADOWS SUBDIVISION / / Macaile Meadows Subdivision MPP01-006 s/o Fair'view Avenue & w/o C]overdale Road L 9O0 0 9OO 1800 Feet N'Jac~le N[~dm~.c'mm