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HomeMy WebLinkAboutCedar Springs North VAR 03-003RECEIVED BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF HOWELL- MURDOCH DEVELOPMENT CORPORATION, FOR A VARIANCE TO ALLOW BLOCKS 7, 9 AND 13 TO EXCEED THE 1,000 FOOT MAXIMUM BLOCK LENGTH IN THE PROPOSED CEDAR SPRINGS NORTH SUBDIVISION, LOCATED ON THE SOUTH SIDE OF W. McMILLAN ROAD, '/< MILE WEST OF N. MERIDIAN ROAD, MERIDIAN, IDAHO VAR-03-003 MAR 0 ~ 1003 City Of Meridian City Clerk Office C/C 02/25/03 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 February 25, 2003, and David McKinnon Planner II for the Planning and Zoning Department, Darin Fluke, and Kevin Howell, 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 follows to-wit: FINDINGS OF FACT 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 amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 1 of 8 ORDER OF DECISION GRANTING AVARIANCE / VAR-03-003 HOWELL-MURDOCH DEVELOPMENT CORPORATION / CEDAR SPRINGS NORTH SUBDIVISION Resolution No. 02-382 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. The Applicant isHowell-Murdoch Development Corporation, whose address is 4822 N. Rosepoint Way, Suite C, Boise, Idaho. 4. The owners of the property are Howell-Murdoch Development Corporation, 4822 N. Rosepoint Way, Suite C, Boise, Idaho, and Chukar Estates, LLC, 4487 N. Dresden Place, Suite 102, Boise, Idaho 83714. 5. The location of the subject property is presently located on the south side of W. McMillan Road, '/a mile west ofN. Meridian Road, Meridian, Idaho within a present RT zone, with an R-8 and L-O requested. 6. The legal description of the property appertains to the real property that is included within the Vicinity Map, and which legal description and Vicinity Map appear in the record of proceeds of this matter, and which are on file with the Meridian City Clerk's office. The present land use of subject property is presently zoned as RUT (Rural Urban Transition), and which subject property is presently agriculture. 8. The proposed land use of subject property is to develop the subject property in the following manner: 197 building lots (184 new single-family detached, 1 townhouse, and 12 office), on 81.54 acres. 9. That a Vicinity Map, which is on file with the Meridian City Clerk's office, of the proposed scale approved by the City Council showing property lines, existing streets, proposed FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 2 of 8 ORDER OF DECISION GRANTING AVARIANCE / VAR-03-003 HOWELL-MURDOCH DEVELOPMENT CORPORATION / CEDAR SPRINGS NORTH SUBDIVISION district and such other items as required have been famished. 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 to R-8 and L-O, 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. Blocks shall not be less than five hundred feet (500') nor more than one thousand feet (1,000') in length. 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, 9 and 13 of the proposed Cedar Springs North Subdivision all exceed the 1,000 foot maximum block length. The site is relatively long and narrow (1/2 mile long by'/a mile wide). The subdivisions to the south and west have already been approved, locking in the location of the stub streets in those areas. The applicant has provided a total of seven (7) future road connections (i.e. stub streets and connections to existing roadways) to the properties surrounding the proposed Cedar Springs North Subdivision (3 to the west, 2 to the south and 2 to the east). The applicant has revised the preliminary plat per staff's recommendation to provide pedestrian pathways where the blocks exceed the maximum length to provide connectivity to surrounding properties. It is found that the proposed pathways within Blocks 7, 9 and 13 will provide adequate access to surrounding developments and inner- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 3 of 8 ORDER OF DECISION GRANTING AVARIANCE / VAR-03-003 HOWELL-MURDOCH DEVELOPMENT CORPORATION / CEDAR SPRINGS NORTH SUBDIVISION connectivity within the subdivision. Requiring the applicant to reduce block lengths by installing additional stub streets or connections would not benefit the city. It is also found that requiring additional stubs and/or connections would not be reasonable or practical. 13. The difficulty or hardship which would result if the requirements of the ordinance were applied to the subject property are as stated above in number 12, and it is found that strict compliance with the City's Ordinances would not be of benefit to the City, the surrounding property owners or the applicant. Based on the nature and location of stub streets within the adjacent development it is found that strict compliance to the MCC 12-4-5 would be unreasonable and would not result in inhibiting the objectives of the Meridian City Code. 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 as stated above in number 12 and number 13. 15. It is anticipated that the variance will not be detrimental to the public's welfare or injurious to other properties in the azea. 16. It is found that the issuance of a variance(s) to allow the 1,000 foot block length maximum to be exceeded within the Cedaz Springs North Subdivision in three different blocks will not have the effect of altering the purpose and interest of the Zoning Ordinance. This is based on the addition of pedestrian pathways breaking up the 1,000 foot block lengths therebyproviding increased interconnectivity within the subdivision. 19. The variance would not constitute any special privilege for the property owner that could not be sought by owners of other land in the same situation, and the request does not conflict FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 4 of 8 ORDER OF DECISION GRANTING AVARIANCE / VAR-03-003 HOWELL-MURDOCH DEVELOPMENT CORPORATION / CEDAR SPRINGS NORTH SUBDMSION r with any provisions of the Comprehensive Plan. 20. The granting of the requested variance will not be detrimental to the Public's welfaze or injurious to other property in the azea 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 aze 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 and purpose ofthe 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 be required to comply with the conditions and requirements of the Ada County Highway District listed in their letter dated January 27, 2003, wherein the applicant shall be required to comply with the conditions and requirements of the corresponding applications in this matter, Cases AZ-02-028 and PP-02-027, for the Cedar Springs North Subdivision. 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 particulaz, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 5 of 8 ORDER OF DECISION GRANTING AVARIANCE / VAR-03-003 HOWELL-MURDOCH DEVELOPMENT CORPORATION / CEDAR SPRINGS NORTH SUBDIVLSION 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 §§ 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 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 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. Meridian City Code, § 12-4-5, BLOCKS, and in the R-8 and L-O zones, 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 6 of 8 ORDER OF DECISION GRANTING AVARIANCE / VAR-03-003 HOWELL-MURDOCH DEVELOPMENT CORPORATION / CEDAR SPRINGS NORTH 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: That the Applicant is hereby granted a variance from the 1,000 foot minimum block length requirement for blocks 7, 9 and 13 i n C edar S prings N orth S ubdivision t o e xceed t he 1,000' maximum block length. Additionally, the applicant shall be required to comply with the conditions and requirements of the Ada County Highway District listed in their letter date January 27, 2003, wherein the applicant shall be required to comply with the conditions and requirements of the corresponding applications in this matter, Cases AZ-02-028 and PP-02-027, for the Cedar Springs North Subdivision 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 maybe adversely affected by the issuance or denial of a variance authorizing a variance of the Block Requirements in the R-8 and L-O Zones 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. By action of the City Council at its regular meeting held on the ~~y~ day of l{/C G~ , 2003. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 7 of 8 ORDER OF DECISION GRANTING AVARIANCE /VAR-03-003 HOWELL-MURDOCH DEVELOPMENT CORPORATION / CEDAR SPRINGS NORTH SUBDNISION ROLL CALL: COUNCILMAN KEITH BIRD VOTED_~-~-- COUNCILWOMAN TAMMY deWEERD VOTED~~' COUNCILWOMAN CHERIE McCANDLESS VOTED_ ~~~ COUNCILMAN WM. L. M. NARY VOTED_ C MAYOR ROBERT D. CORRIE VOTED (TIE BREAKER DATED: `/-O3 MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and the City Attorney office. ~5puulrw,,,, City Clerk ~' 3~/2 -03 Z:1WOrk1MlMeridianVMeridiun 15360&t\Cedar Springs North Sub VARA3-003~FtC1sG,antVariance.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING AVARIANCE / VAR-03-003 HOWELL-MURDOCH DEVELOPMENT CORPORATION / CEDAR SPRINGS NORTH SUBDMSION ~~~t ~~ f3F rt~,'~~~r~, -9 ~~~ ~ ~~ 9 'vsT 15t •, ~dy AP `'~ ~~in- NdTY • ...o`~ Page 8 of 8