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HomeMy WebLinkAboutTimberfalls Sub VAR 03-011BEFORE THE MERIDIAN CITY COUNCIL C/C 04/22/03 IN THE MATTER OF THE APPLICATION OF DAN WOOD, TO VARIANCE TO SECTION 12-4-5 OF THE MCC REQUIRING BLOCKS TO BE NOT LESS THAN 400 FEET AND NOT MORE THAN 1,000 FEET IN LENGTH IN THE PROPOSED TIMBERFALLS SUBDIVISION, LOCATED SOUTH OF EAST USTICK ROAD AND WEST OF NORTH LOCUST GROVE ROAD, MERIDIAN, IDAHO VAR-03-011 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 Apri122, 2003, and Brad Hawkins-Clark Interim Director for the Planning and Zoning Department, and Shawn Nickel, appeazed 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 ORDER OF DECISION GRANTING AVARIANCE / DAN WOOD / TIMBERFALLS SUBDIVISION / VAR-03-O1 l PAGE 1 OF 8 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. 3. The Applicant is Dan Wood, whose address is 2025 E. Chateau Street, Meridian, Idaho 83642. 4. The owner of the property is Wanda L. Stewart, whose address is 2061 Stewart Way, Boise, Idaho 83716. 5. The location of the subject property is presently located on the south side of E. Ustick and west of North Locust Grove, Meridian, Idaho within a present RT 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. 7. 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: 50 building lots and 6 other lots. 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 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING AVARIANCE / DAN WOOD / TIIvIBERFALLS SUBDNISION / VAR-03-011 PAGE 2 OF 8 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 the existing subdivisions, Bedford Place Subdivision to the west, Granite Creek Subdivision to the east, and Finch Creek Subdivision to the south, lock in the locations of the stub streets along the west, east, and south property lines. The South Slough exists along the southern boundary of the project. The applicant has provided a total of three (3) stub streets to the properties surrounding the proposed Timberfalls Subdivision (1 to the west, 1 to the east, and 1 to the south). It is found that requiring additional stubs 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. Block 1 of the proposed Timberfalls Subdivision is shorter than the 500-foot minimum block length. Block 2 exceeds the 1,000-foot maximum block length. The applicant has stated in their application that the hardship that exists with this property that would enable the applicant from complying with the requirements of the ordinance is a result of the design of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING AVARIANCE / DAN WOOD / TIIVIBERFALLS SUBDIVISION / VAR-03-011 PAGE 3 OF 8 development with relationship to existing natural topographic constraints, and previously approved developments on adjacent property. Block 2 is located along Ustick Road and is bordered by an existing stub street from the Granite Creek Subdivision to the east and main entrance into Timberfalls. With the fixture park area designed in a central location and because of the existing stub street location, the breaking up of this block with a street is not practical with this design. Block 1 has the same constraint that is a result of the existing stub street from Bedford Place Subdivision to the west and the proposed entrance road to Timberfalls. As a result, Block 1 cannot meet the current minimum 500 feet requirement. 13. The difficulty or hardship which would result if the requirements of the ordinance were applied to the subject property is that as noted above in Finding number 12, but it is also found that strict compliance with the City's Ordinances would not be ofbenefit to the City, the surrounding property owners or the applicant. Based on the nature and location of stub streets within the adjacent development, and the location ofthe South Slough, 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 MCC. 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 noted in the above Findings numbersl2 and 13. 15. The granting ofthe requested 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 the variance(s) to the 1,000-foot maximum block FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING AVARIANCE / DAN WOOD / TIMBERFALLS SUBDNISION / VAR-03-011 PAGE 4 OF 8 length and the 500-foot minimum block length within the proposed Timberfalls 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 micropath connections, which provide increased interconnectivity within the subdivision and existing circumstances created by previously approved stub street locations, the South Slough location and compliance with ACRD requirements. 17. 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. 18. The applicant paid the fee established by the City Council for application variance. 19. The applicant shall be required to comply with the conditions and requirements of the Nampa & Meridian Irrigation District listed in their letter dated Apri19, 2003, and wherein the applicant shall also be required to comply with the conditions and requirements of the corresponding applications in this matter, Cases AZ-03-003 and PP-03-002, for the Burney Glen Subdivision. CONCLUSIONS OF LAW 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. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING AVARIANCE / DAN WOOD / TIMBERFALLS SUBDNISION / VAR-03-011 PAGE 5 OF 8 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 aze 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 aze special circumstances or conditions affecting the property that strict application ofthe 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 adj acent 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 inthe R-8 zone, ifgranted 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 ORDER OF DECISION GRANTING AVARIANCE / DAN WOOD / TIMBERFALLS SUBDMSION / VAR-03-011 PAGE 6 OF 8 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 Section 12-4-5 of the MCC requiring blocks to be not less than 400 feet and not more than 1,000 feet in length for Timberfalls Subdivision. Block 1 is hereby allowed to be shorter than the 500 foot minimum block length, and Block 2 is hereby allowed to exceed the 1,000 foot maximum block length for Timberfalls Subdivision inthe R-8 zone. Additionally, the applicant shall be required to comply with the conditions and requirements of the Nampa & Meridian Irrigation District listed in their letter dated April 9, 2003; and wherein the applicant shall be required to comply with the conditions and requirements of the corresponding applications in this matter, Cases AZ-03-003 and PP-03-002, for the Timberfalls 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. By action of the City Council at its regular meeting held on the ~ day of CL~, , 2003. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING AVARIANCE / DAN WOOD / TIMBERFALLS SUBDMSION / VAR-03-011 PAGE 7 OF 8 ROLL CALL: COUNCILMAN KEITH BIRD VOTED~~~-- COUNCII,WOMAN TAMMY deWEERD VOTED~~ COUNCILWOMAN CHERIE McCANDLESS VOTED~~-- COUNCILMAN WM. L. M. NARY VOTED~G~ MAYOR ROBERT D. CORRIE VOTED ~~// DATEDREAKER)~ ~~ '~ 3 MOTION: APPROVED: R DISAPPROVED:. William G. Berg, 7r., City Copy served upon Applicant, the and the City Attorney office. dQ Gdeef-oL vy+ u,G ~4i e~Ji a'oa„f Public Works Department, ~. /2,/12 Z:\WorkVvl\MeridianN-feridian 15360IvnTimberfatls Sub AZ 03 003 PP 03 002\FtClsCirantVariance.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING AVARIANCE / DAN WOOD / TIMBERFALLS SUBDNISION / VAR-03-011 PAGE 8 OF 8