Loading...
HomeMy WebLinkAboutCastlebrook No 2 VAR 03-005BEFORE THE MERIDIAN CITY COUNCIL C/C 04/15/03 IN THE MATTER OF THE APPLICATION OF CRESTLINE DEVELOPMENT, LLC, FOR A VARIANCE TO ALLOW CERTAIN BLOCKS TO EXCEED THE 1,000 FOOT MAXIMUM LENGTH AND CERTAIN BLOCK LENGTHS TO BE LESS THAN THE 500 FOOT MINIMUM FORTHE PROPOSED CASTLEBROOK SUBDIVISION NO. 2, LOCATED AT 4000 WEST PINE, EAST OF NORTH BLACK CAT ROAD AND SOUTH OF WEST CHERRY LANE, MERIDIAN, IDAHO VAR-03-005 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 April 15, 2003, and Brad Hawkins-Clark Interim Planning Director for the Planning and Zoning Department, and Kevin Amar, appeared and testified, and the City Council having received the transmittal to agencies and having received the variance application, hauing 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING AVARIANCE / VAR-03-005 CRESTLINE DEVELOPMENT, LLC / CASTLEBROOK SUBDNISION N0.2 PAGE 1 OF 9 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 is Crestline Development, LLC, whose address is 114 E. Idaho Avenue, Suite 230, Meridian, Idaho 83642. 4. The owner of the property is Great Oaks Water Company, Inc., 6854 W. Wright Street, Boise, Idaho 83709. 5. The location of the subject property is presently located at 4000 W. Pine, east of North Black Cat Road and south of West Cherry Lane, Meridian, Idaho within a present RUT zone, Rural Urban Transition, 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 ofthis matter, and which are on file with the Meridian City Clerk's office located at 33 E. Idaho Street, Meridian. The present land use of subject property is presently zoned as RUT (Rural Urban Transition), and which subject property is presently vacant. 8. The proposed land use of subject property is to develop the subject property in the following manner: 150 single-family residential subdivision and 9 other lots. 9. That a Vicinity Map, which is on file with the Meridian City Clerk's office, with the proposed scale approved by the City Council showing property lines, existing streets, proposed FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING AVARIANCE / VAR-03-005 CRESTLINE DEVELOPMENT, LLC / CASTLEBROOK SUBDIVISION N0.2 PAGE 2 OF 9 district and such other items as required has 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. 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 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 the previously approved development design of Pazkside Creek does not provide any stub streets, and with the Ten Mile Creek adjacent to the project, creation of vehicular access would be restricted on Block 4 to the north. Block 4 is located along the Ten Mile Creek, and backs up to the existing Fuller Park. With the design of the future park azea located within Castlebrook #2, and the existing off-site features to the north as described, the breaking up of this block with a street is not possible with the design. This constraint, subsequently has an effect on the design of Blocks 3 and 8 as currently designed. Although it is possible to redesign the south frontage onto El Gato with two entrances rather than one, it is the developers intention to have one, main entrance that ends at the south end of the pazk, for aesthetical purposes. Blocks 6, 7 and the revised Block 10 do not meet the cunent minimum 500 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING AVARIANCE / VAR-03-005 CRESTLINE DEVELOPMENT, LLC / CASTLEBROOK SUBDIVISION N0.2 PAGE 3 OF 9 foot requirement and aze a direct result of the previous constraints on the other blocks. With the described constraints, the configuration of the parcel in association with the existing park and canal and the proposed location of the new park, along with proposed stub streets to provide access to surrounding unplatted properties, only with a major redesign would the subdivision be able to meet the requirement of Section 12-4-5. An additional point of access is to be developed when Castlebrook Phase Two is built. 13. 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, is that the surrounding property to the north has already been approved without stub streets, and the Ten Mile Drain is adj acent to the property, and between the two restrictions vehiculaz access to this property cannot be obtained. 15. A literal interpretation of the provisions of the ordinance would deprive the Applicant rights because an applicant has a right to expect that any and all required improvements a ssociated w ith a d evelopment r equest w ill b enefit the public health, safety, or welfare. That right will be compromised by a literal interpretation ofthe ordinance, which will cause the property owner difficulty if no flexibility on block lengths aze allowed. 16. The existence of special circumstances or conditions affecting the property is that the conditions that exist adjacent to and in the azea of the property are not all necessarily conditions that exist as a result of the applicant's own actions. 17. The variance from the maximum block length of 1,000 feet and the minimum block length of 500 feet due to the unique circumstances on site will not confer any special privileges FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING AVARIANCE /VAR-03-005 CRESTLINE DEVELOPMENT, LLC / CASTLEBROOK SUBDNISION N0.2 PAGE 4 OF 9 denied other lands in this district. Granting the variance would simply allow the applicant to develop in the same manner as the surrounding properties and maintain rights which would be afforded to others in the same situation. 18. The applicant will benefit by not being required to provide the maximum 1,000 foot block lengths for Blocks 3, 4 and 8, nor the minimum 500 foot block lengths for Blocks 6, 7 and 10, for proposed project. 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 with any provisions of the Comprehensive Plan. 20. 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. 21. 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. 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 HighwayDistrict listed in their letter date Apri14, 2003, wherein the applicant shall be required to comply with the conditions and requirements of the corresponding applications in this FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING AVARIANCE /VAR-03-005 CRESTLINE DEVELOPMENT, LLC / CASTLEBROOK SUBDIVISION N0.2 PAGE 5 OF 9 matter, Cases AZ-02-031 and PP-02-032, for the Castlebrook Subdivision No. 2. 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 forvariances are set forth inMeridian CityCode § 11-18-2, and the fmdings 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 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 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING AVARIANCE / VAR-03-005 CRESTLINE DEVELOPMENT, LLC / CASTLEBROOK SUBDNISION N0.2 PAGE 6 OF 9 variance will not be detrimental to the public's welfare or injurious to other property in the azea 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. 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 from the 1,000 foot minimum block length requirement for Blocks 3, 4 and 8 to exceed the 1,000 foot maximum block lengths, and from the 500 foot minimum block length requirement for Blocks 6, 7 and 10 to be less than the 500 foot minimum block lengths, within Castlebrook Subdivision No. 2 in the R-8 zone. Additionally, the applicant shall be required to comply with the conditions and requirements of the Ada County Highway District listed in their letter date Apri14, 2003, wherein the applicant shall be required to comply with the conditions and requirements of the corresponding applications in this matter, Cases AZ-02-031 and PP-02-032, for the Castlebrook Subdivision No. 2. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING AVARIANCE /VAR-03-005 CRESTLINE DEVELOPMENT, LLC / CASTLEBROOK SUBDIVISION NO. 2 PAGE 7 OF 9 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 withintwenty-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 ~ ~ day of ~~~~' , 2003. ROLL CALL: COUNCILMAN KEITH BIRD VOTED__E~ COUNCILWOMAN TAMMY deWEERD VOTED__~~ COUNCILWOMAN CHERIE McCANDLESS VOTED COUNCILMAN WM. L. M. NARY VOTED--E~ MAYOR ROBERT D. CORRIE VOTED (TIE BREAKER) DATED: ~ ~ 6`03 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING AVARIANCE / VAR-03-005 CRESTLINE DEVELOPMENT, LLC / CASTLEBROOK SUBDIVISION N0.2 PAGE 8 OF 9 MOTION: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and the City Attorney office. ,``\``\~~~~t~"""gyp ~^,, t,' ,,.~` c?~~R~rF ~ti '~, By: ~---~ ~ Dated: s S -03 $~~ City Clerk 9~ ~~ Z:\WorkHvlVvteridian\Ivleridian 15360M\Casdebrook Sub No.2 AZ 02031 PP 02032 VAR 03005\FfClsGantVariance.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING AVARIANCE / VAR-03-005 CRESTLINE DEVELOPMENT, LLC / CASTLEBROOK SUBDMSION NO. 2 PAGE 9 OF 9 APPROVED:_~ DISAPPROVED: