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MERIDIAN CITY COUNCIL MEETING: AUGUST 17,1898
APPLICANT: TEALEY'S LAND SURVEYING AGENDA ITEM NUMBER: 14
REQUEST: VARIANCE FOR PRESSURIZED IRRIGATION IN MAWS N0.3 SUBDMSION
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CIl'Y BUILDING DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
COMMENTS
REVIEWED
SEE ATTACHED COMMENTS
REVIEWED
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
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BUREAU OF RECLAMATION:
OTHER:
All Materials presented at public meetings shall become properly of the City of Meridian.
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interoffice
MEMORANDUM
To: William G. Berg, Jr.
From: Wm. F. Gigray, III /
Subject: MAWS SUBDIVISION N0.3 VARIANCE
FILE NO.: VAR-99-001 AUG 3 0 1999
Date: August 27, 1999
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Will:
Please find attached the original of the FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING A
VARIANCE, pursuant to action of the Council at their August 17, 1999, meeting.
The Findings will be on the Council's agenda for September 7, 1999, meeting.
Please serve conformed copies of the Findings upon the Applicant and
the Planning and Zoning Department, Public Works and the City Attorney office, if
Council approves the Findings.
If you have any questions arise please advise.
ms~Z:\Work\M\Meridian 15360MuVIaws No. 3 Sub VAR\C1kVAR082799.Mem
MERIDIAN CITY COUNCIL MEETING: SEPTEMBER 7.1998
i
APPLICANT: TEALEY'S LAND SURVEYING AGENDA ITEM NUMBER: 11
REQUEST• VARIANCE FOR PRESSURIZED IRRIGATION IN MAWS N0.3 SUBDMSION
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT;
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
SEE ATTACHED FINDINGS
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BUREAU OF RECLAMATION:
(1THFR• _
All Materials presented at public meetings shall become property of the City of Meridian.
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION OF TEALEY'S
LAND SURVEYING, FOR A
VARIANCE FOR PRESSURIZED
IRRIGATION IN MAWS
SUBDIVISION NO. 3, MERIDIAN,
IDAHO
VAR-99-003
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 the August 17, 1999, and Steve Siddoway, Assistant Planner for the Planning
and Zoning Department, Richard Pavliclc with Tealey's Land Surveying, and Steve
Gregory, all having appeared and testified at the hearing, 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 1 of 10
ORDER OF DECISION GRANTING AVARIANCE /
MAWS NO. 3 SUBDIVISION
Meridian adopted December 21, 1993 Ordinance #629 -January 4, 1994 and -Maps.
2. The requirements of Idaho Code §§ 67-6509, 6516 and §§ 11-2-416 E
and 419 D as evidenced in the record of this matter.
3. The Applicant is Tealey's Land Surveying, whose address is 915 West
Jefferson Street, Boise, Idaho. The location of the subject property is located North of
Pine and West of Adkins Avenue, Meridian, Idaho.
4. 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.
5. The present land use of subject property is presently zoned as (R-8)
Medium Density Residential District, and contains 1.157 acres, more or less.
6. The proposed land use of subject property is to develop the subject
property in the following manner: A subdivision of seven (7) buildable lots and one
drainage lot.
7. The proposed site of the subject property is bordered by Danbury Fair
No. 7 Subdivision and Railside Parlc Subdivision of the property site.
8. That a vicinity map 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.
9. That the vicinity map, of which is attached to these findings marked Exhibit
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 2 of 10
ORDER OF DECISION GRANTING AVARIANCE /
MAWS NO. 3 SUBDIVISION
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"A" has been supplied.
10. The Applicant requests a variance of the provision of Section 11-9-
606(B)(14), PRESSURIZED IRRIGATION SYSTEM, of the Meridian City Zoning,
Subdivisions and Development for an R-8 zone that states in part as follows:
Pressurized Irrigation SS s~-tern: 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; there shall be no
cross-connections between the domestic water lines and the irrigation water lines
that do not comply with Section 5-143 of the Revised and Compiled Ordinances
of the City of Meridian; 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.
Also, the above requirement may be waived if the subdivider either 1) 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 2) 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.
11. Water rights were vacated in 1992 and current infrastructure is not
sufficient to deliver water to this site.
12. Applicant seeks relief from the requirement for providing pressure irrigation
on this phase of development as it has been granted in phases No. 1 and 2.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 3 of 10
ORDER OF DECISION GRANTING AVARIANCE /
MAWS NO. 3 SUBDIVISION
13. The existence of special circumstances or conditions affecting the property
are:
13.1 The impact of not removing this condition will jeopardize the
recording of this proposed Plat.
13.2 The unusual circumstances regarding this remnant parcel of land were
created by the change to the City of Meridian pressurized irrigation
ordinance. Under the previous ordinance, developers of subdivisions
had the option to pay well development fees as a substitute for
pressurized irrigation. This option was exercised for phases No. 1 and
2 prior to the final plat as per ordinance requirements. In addition,
at the time of phase No. 1 all water rights for the entire parcel that
made up Maws Subdivision were given up.
14. The requested variance will recognize the terms and conditions that were
imposed on phases No. 1 and 2. At the time these phases were constructed all parties
enjoyed the right to have the option of not providing pressurized irrigation systems.
15. Granting the variance will maintain rights previously recognized by the
Meridian City Council. A variance will make phase No. 3 consistent with phases 1 and
2 of Maws Subdivision.
16. The Applicant will be subject to a well development fee established by the
Meridian Water Department.
17. Strict compliance with the requirements of § 11-9-606(B)(14) of the
Municipal Code of the City of Meridian would result in extraordinary hardship to the
owner, and developer, because the conditions and requirements of the ordinance would
result in inhibiting the achievements or the objective of the ordinance because the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 4 of 10
ORDER OF DECISION GRANTING AVARIANCE /
MAWS NO.3 SUBDIVISION
• •
Applicant does not have a water right to irrigation district water, and there is no
opposition from Nampa SLMeridian Irrigation District; that attempts were made to access
water from a neighboring subdivision (Danbury Fair Subdivision), which was turned down
due to capacity problems and it is found that a Local Improvement District (LID) is not
feasible for the subject proposed subdivision.
18. 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.
19. 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 in finding of fact number 16 and 17.
20. 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 5 of 10
ORDER OF DECISION GRANTING AVARIANCE /
MAWS NO. 3 SUBDIVISION
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 § 11-2-419 of the Municipal Code of the City of Meridian.
3. That the requirements for the processing of a variance request are set forth
in Idaho Code §§ 67-6509, 6516 and §§ 11-2-416E and 418E Municipal Code of the City
of Meridian.
4. Application and standards for variances are set forth in § 11-2-419B
Municipal Code of the City of Meridian, and the findings which are required are set forth
in § 11-2-419C, 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 6 of 10
ORDER OF DECISION GRANTING AVARIANCE /
MAWS NO. 3 SUBDIVISION
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 11-9-606(B)(14), PRESSURIZED IRRIGATION SYSTEM, of the
Municipal Code of the City of Meridian provides for an R-8 zone that states in part as
follows:
Pressurized Irrigation S sY tem: 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; there shall be no
cross-connections between the domestic water lines and the irrigation water lines
that do not comply with Section 5-143 of the Revised and Compiled Ordinances
of the City of Meridian; 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.
Also, the above requirement may be waived if the subdivider either 1) 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 2) 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 7 of 10
ORDER OF DECISION GRANTING AVARIANCE /
MAWS NO. 3 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 Maws Subdivision No. 3.
2. This variance is conditioned upon and subject to:
2.1 The Applicant is required to pay a well development fee in a sum
equal to the amount of the cost for the City to purchase all necessary
equipment to put a well on line with the City Water system, in
accordance with City practice in the assessment of such funds in
accordance with the provisions of Section 11-9-606(B)(14).
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 8 of 10
ORDER OF DECISION GRANTING AVARIANCE /
MAWS NO. 3 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 § 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 Pressurized Irrigation System of the
R-8 Zone as provided in the Section 11-9-606(B)(14) 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 7~~ day of
<~P/l7 f~ Wit- , 1999.
ROLL CALL:
COUNCILMAN RON ANDERSON VOTED
COUNCILMAN GLENN BENTLEY VOTED
COUNCILMAN KEITH BIRD VOTED
COUNCILMAN CHARLIE ROUNTREE VOTED
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED,
DATED: ~~-- 7~~q
MOTION: APPROVED: DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 9 of 10
ORDER OF DECISION GRANTING AVARIANCE /
MAWS NO. 3 SUBDIVISION
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department, and the City Attorney office.
By: 1
City Clerk
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 10 of 10
ORDER OF DECISION GRANTING AVARIANCE /
MAWS NO. 3 SUBDIVISION
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EXHIBIT "A" H'~'I1~,DI~~~A~1U BDIVISI~N
CONCLUSIONS OF LAW AND D~I~~~ MAP
AND ORDER GRANTING A V~f;E°" NORTH
Apri 25, 1999 APA