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HomeMy WebLinkAboutWatersong Estates VAR 03-009RECEIVED APR 0 12003 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF HOWELL- MURDOCH DEVELOPMENT CORPORATION, FOR A VARIANCE TO ALLOW BLOCKS 3, 4, AND 7 TO BE SHORTER THAN THE MINIMUM OF 500 FEET AND TO ALLOW BLOCKS 1 AND 8 TO EXCEED THE MAXIMUM BLOCK LENGTH OF 1,000 FEET IN THE PROPOSED WATERSONG ESTATES SUBDIVISION, LOCATED ON THE WEST SIDE OF CINDER ROAD, APPROXIMATLEY'/< MILE NORTH OF USTICK ROAD, MERIDIAN, IDAHO VAR-03-009 City Of Meridian Citv Clerk Office C/C 03/25/03 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 March 25, 2003, and Brad Hawkins-Clark Interim Planning Director for the Planning and Zoning Department, and Darin Fluke, appeared and testified, and the City Council having received the transmittal to agencies and having received the variance application, having heazd 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 1 of 9 ORDER OF DECISION GRANTING AVARIANCE / VAR-03-009 HOWELL-MURDOCH DEVELOPMENT CORPORATION / WATERSONG ESTATES SUBDIVISTON 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, 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 83713. 4. The owners ofthe property are Howell-Murdoch Development Corporation; 4822 N. Rosepoint Way, Suite C, Boise, Idaho 83713. 5. The location of the subject property is presently located on the west side of Linder Road, approximately %4 mile north of Ustick Road, Meridian, Idaho within a present RUT zone, with an R-8 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: 124 single-family detached building lots and 12 common lots ranging in size from approximately 6,662 s.f. to 12,180 s.f., at an overall gross density of 3.18 dwelling units per acre, according to the Preliminary Plat filed with the Meridian City Clerk's office dated 3-7-03. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 2 of 9 ORDER OF DECISION GRANTING AVARIANCE / VAR-03-009 HOWELL-MURDOCH DEVELOPMENT CORPORATION / WATERSONG ESTATES SUBDNISION 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 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, 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') ofthe external boundaries have been notified by mail, and their mailing addresses maybe 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 3, 4 and 7 of the proposed Watersong Estates Subdivision are shorter than the 500 foot minimum block length. Blocks 1 and 8 exceed the 1,000 foot maximum block length. The applicant stated in the application that the location of the approved stub streets in the sunounding subdivisions and the location of the White Drain along the north property line do not allow the block length to be broken up by the inclusion of additional stub streets. Bridgetower Subdivision to the west has already been approved, locking in the location of the stub streets along the west property line. The White Drain exists along the northeast corner FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 3 of 9 ORDER OF DECISION GRANTING AVARIANCE / VAR-03-009 HOWELL-MURDOCH DEVELOPMENT CORPORATION / WATERSONG ESTATES SUBDNISION of the project, causing the north stub to shift west to provide a better connection to the north property. The access from Linder Road along the east was reduced from two to one connection and aligned with the entrance to the new Middle School site, at the request of ACRD. The applicant has provided a total of four (4) stub streets to the properties surrounding the proposed Watersong Estates Subdivision (1 to the north, 1 to the south, and 2 to the west in alignment with the approved Bridgetower Subdivision streets). The applicant has revised the preliminary plat per staff's recommendation to provide better internal connectivity. It is found that requiring additional stub and/or connections would not be reasonable or practical. It is also found that the smaller block lengths will provide enhanced internal circulation and connectivity within the subdivision. Requiring the applicant to increase block lengths would not benefit the city or future residents. 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 locafion of stub streets within the adjacent development, location of the White Drain, and the required alignment with the Middle School entrance, 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND - Page 4 of 9 ORDER OF DECISION GRANTING AVARIANCE / VAR-03-009 HOWELL-MURDOCH DEVELOPMENT CORPORATION / WATERSONG ESTATES SUBDIVISION 15. It is anticipated that the variance will not be detrimental to the public's welfare or injurious to other properties in the area. 16. It is found that the issuance of a variance{s) to allow the 1,000 foot maximum block length and the 500 foot minimum block length within the Watersong Estates Subdivision do not have the effect of altering the purpose and interest of the Zoning Ordinance. This is based on the provision of additional internal street connections, which provide increased interconnectivity within the subdivision and existing circumstances created by previously approved stub street locations, the White Drain location and compliance with ACRD requirements. 17. 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 situaton, and the request does not conflict with any provisions of the Comprehensive Plan. 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 above. 20. The applicant paid the fee established by the City Council for application vanance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 5 of 9 ORDER OF DECISION GRANTING AVARIANCE / VAR-03-009 HOWELL-MURDOCH DEVELOPMENT CORPORATION / WATERSONG ESTATES SUBDNISION 21. The applicant shall be required to comply with the conditions and requirements of the Meridian Fire Department listed in their letter dated March 17, 2003, and the Ada County Highway District listed in their letter dated March 6, 2003, wherein the applicant shall be required to comply with the conditions and requirements of the corresponding applications in this matter, Cases AZ-02-029 and PP-02-030, for the Watersong Estates 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 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 § 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 ofthe provisions ofZoning and Development Ordinance would clearlybe 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 6 of 9 ORDER OF DECISION GRANTING AVARIANCE / VAR-03-009 HOWELL-MURDOCH DEVELOPMENT CORPORATION / WATERSONG ESTATES SUBDIVISION 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 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 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 to allow Blocks 3, 4, and 7 to be shorter than the minimum 500 foot minimum block length and to allow Blocks 1 and 8 to exceed the 1,000 foot maximum block length requirements in Watersong Estates Subdivision. Additionally, the applicant shall be required to comply with the conditions and requirements of the Meridian Fire Department listed in their letter dated March 17, 2003, and the Ada County Highway District listed in their letter FINDINGS OF FACT AND CONCLUSIONS OF LAW AND - Page 7 of 9 ORDER OF DECISION GRANTING AVARIANCE / VAR-03-009 HOWELL-MURDOCH DEVELOPMENT CORPORATION / WATERSONG ESTATES SUBDIVISION 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-02-029 and PP-02-030, for the Watersong Estates 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 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. p ~ By action of the City Council at its regular meeting held on the U ~ day of ~~~ , 2003. ROLL CALL: COUNCILMAN KEITH BIRD VOTED___ COUNCILWOMAN TAMMY deWEERD VOTED~~ COUNCILWOMAN CHERIE McCANDLESS VOTED__E COUNCILMAN WM. L. M. NARY VOTED ~~~'~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 8 of 9 ORDER OF DECISION GRANTING AVARIANCE / VAR-03-009 HOWELL-MURDOCH DEVELOPMENT CORPORATION / WATERSONG ESTATES SUBDIVISION MAYOR ROBERT D. CORRIE VOTED `~ (TIE BREAKER DATED: ~- S-D 3 MOTION: APPROVED: DISAPPROVED:, Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and the City Attorney office. City Clerk Dated: ~- ~ ~ ~ 3 Z:\WorklMlMeridian\Meridian15360M\Watersmg Estates VAR-03-009\FfClsGrantVariancedoc ., ' G~ \~pRp~RgT~o ~ s~AL ~~l~~~J~ Jlit ii illlllll~~~~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 9 of 9 ORDER OF DECISION GRANTING AVARIANCE / VAR-03-009 HOWELL-MURDOCH DEVELOPMENT CORPORATION / WATERSONG ESTATES SUBDIVISION