HomeMy WebLinkAboutTurtle Creek Subdivision No. 3 VAR-01-016BEFORE THE MERIDIAN CITY COUNCIL
C/C 12-04-01
IN THE MATTER OF THE )
APPLICATION OF TURTLE )
CREEK, LLC, FOR A VARIANCE )
OF SECTION 12-3-6C )
REQUIRING SUBMITTAL OF A )
FINAL PLAT WITHIN ONE YEAR )
OF THE PREVIOUS PHASE FOR )
TURTLE CREEK SUBDIVISION )
NO. 3, LOCATED WEST OF )
NORTH LINDER ROAD AND )
SOUTH OF WEST USTICK )
ROAD, MERIDIAN, IDAHO )
VAR-01-016
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 December 4, 2001, and David McI(dnnon, Planner for the Plmming
and Zoning Department, 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
FIND1NGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION GRANTING A VARIANCE / VAR-01-016
TURTLE CREEK, LLC / TURTLE CREEK SUBDIVISION NO. 3
Page 1 of 9
1. The City Council talces 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 Meridian
adopted December 21, 1993 Ordinance #629 - January 4, 1994 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 Turtle Creek, LLC, whose address is 3350 Americana
Terrace, Suite 200, Boise, Idaho 83706.
4. The owners of the property are Turtle Creek, LLC, whose address is 3350
Americana Terrace, Suite 200, Boise, Idaho 83706.
5. The location of the subject property is presently located in an R-4 (Lmv
Density Residential District), and which subject property is located west of North Linder
Road and south of West Ustick Road, Meridian, Idaho.
6. The legal description of the property appertains to the real property that
is included within the Vicinity Map, and is attached hereto as Exhibit "A" and consisting
of two pages, and as the legal description appears in the record of proceeds of this
matter, and which is on file with the Meridian City Clerk's office.
7. The present land use of subject property is presently zoned as R-4 (Low
Density Residential District), and which subject property is presently a single family
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION GRANTING A VARIANCE / VAR-01-016
TURTLE CREEK, LLC / TURTLE CREEK SUBDIVISION NO. 3
Page 2 of 9
residential subdivision knovcn as Turtle Creek Subdivision No. 3.
8. The proposed land use of subject property was to develop the subject
property into a single family residential subdivision, and which subdivision has been
developed and is now known as Turtle Creek Subdivision No. 3.
9. That a vicinity map, attached hereto as Exhibit "A" and consisting of two
pages, 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 seelcs a variance of the following provision of the Meridian
City Code, §12-3-6C, APPROVAL PERIOD, and in the R-4 zone if granted the re-
zone, which provides as follows:
12-3-6 APPROVAL PERIOD:
Failure To Submit Final Plan: Council approval of the preliminary
development plan shall become null and void if the applicant fails to
submit the final development plan within one year of Council approval of
the preliminary development plan.
Authorize Extension: Upon written request to the Council and filed by the
applicant prior to the termination of the said one year period as stated in
subsection A of this Section, the Council may authorize a single extension
of the approval of the preliminary development plan for a period not to
exceed one year from the end of the said one year period.
Consideration For Final Approval: In the event that the development of
the preliminary plat is made in successive contiguous segments in an
orderly and reasonable manner, and conforms substantially to the
approved preliminary plat, such segments, if submitted within successive
intervals of one year, may be considered for final approval without
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION GRANTING A VARIANCE / VAR-01-016
TURTLE CREEK, LLC / TURTLE CREEK SUBDIVISION NO. 3
Page 3 of 9
resubmission for preliminary plat approval.
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 special circumstances or conditions affecting the property which the
strict application of the provisions of this Title would dearly be impracticable or
unreasonable are that due to the time constraints placed on the applicant by having
to wait for the sewer line extension from Tumble Creek #6, strict application of this
Title is unreasonable.
Further, the application for the final plat was made within 13 months of the
submission of the Final Plat application for Turtle Creek #2. It would be
unprofitable and impractical to require the applicant to begin the preliminary plat
process anew.
13. The strict compliance with the requirements of this Title would result
in extraordinary hardship to the owner, subdivider or developer because of unusual
topography, the nature or condition of adjacent development, other physical
conditions or other conditions that make strict compliance with this Title
unreasonable under the circumstances, or that the conditions and requirements of
this Title will result in inhibiting the achievements or the objectives of this Title are
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION GRANTING A VARIANCE / VAR-01-016
TURTLE CREEK, LLC / TURTLE CREEK SUBDIVISION NO. 3
Page 4 of 9
that adjacent development (Tumble Creek #6) delayed the submittal of the final plat
application. Strict compliance with Meridian City Code 12-3-6C ~vould be
unreasonable.
14. That the granting of the 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 because the requested variance will not be detrimental or injurious to the
public's welfare or to the other properties in the area.
15. That such variance will not have the effect of altering the interest and
purpose of this Title and the Meridian Comprehensive Plan because the issuance of a
variance for this project will not violate the intent and purpose of the Meridian City
Code and the Comprehensive Plan.
16. Granting the variance would maintain rights which would be afforded to
others in the same situation.
17. 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 provisions of Idaho Code § 67-6516 to provide as part of its zoning ordinance for
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION GRANTING A VARIANCE / VAR-01-016
TURTLE CREEK, LLC - TURTLE CREEK SUBDIVISION NO. 3
Page 5 of 9
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 of the provisions of Zoning and
Development Ordinance would dearly 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 adiacent 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
FIND1NGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION GRANTING A VARIANCE / VAR-01-016
TURTLE CREEK, LLC / TURTLE CREEK SUBDIVISION NO. 3
Page 6 of 9
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, § 12-3-6C, APPROVAL PERIOD, and in the
R-4 zone if granted the re-zone, provides as follows:
12-3-6 APPROVAL PERIOD:
Failure To Submit Final Plan: Council approval of the preliminary
development plan shall become null and void if the applicant fails to
submit the final development plan within one year of Council approval of
the preliminary development plan.
Authorize Extension: Upon written request to the Council and filed by the
applicant prior to the termination of the said one year period as stated in
subsection A of this Section, the Coundl may authorize a single extension
of the approval of the preliminary development plan for a period not to
exceed one year from the end of the said one year period.
Consideration For Final Approval: In the event that the development of
the preliminary plat is made in successive contiguous segments in an
orderly and reasonable manner, and conforms substantially to the
approved preliminary plat, such segments, if submitted within successive
intervals of one year, may be considered for final approval without
resubmission for preliminary plat approval.
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 from the approval period
requirement for submittal of a final plat within one year of the previous phase for Turtle
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION GRANTING A VARIANCE / VAR-01-016
TURTLE CREEK, LLC / TURTLE CREEK SUBDIVISION NO. 3
Page 7 of 9
Creek Subdivision No. 3 in the R-4 zone.
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 may be adversely affected by the
issuance or denial of a variance authorizing a variance of the APPROVAL PERIOD
requirements in the R-4 Zone as provided in the Section 12-3-6C 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
of Ce, OO -
ROLL CALL:
,2001.
COUNCILMAN RON ANDERSON
VOTED
COUNCILMAN I(.EITH BIRD
VOTED
COUNCILWOMAN TAMMY deWEERD
VOTED
COUNCILWOMAN CHERIE McCANDLESS VOTED
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION GRANTING A VARIANCE / VAR-01-016
TURTLE CREEK, LLC / TURTLE CREEK SUBDIVISION NO. 3
Page 8 of 9
MAYOR ROBERT D. CORRIE
(TIE BREAKER)
DATED: [Z -- [ ~ ~)/r
VOTED
MOTION:
APPROVED:
DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department, and the City Attorney office.
City Clerk
Dated:
Z:\Work~VIMMeridiankMeridian 15360M\Turtle Creek Sub 3 VAR01-016kFfClsGrantVafiance.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION GRANT1NG A VARIANCE / VAR-01-016
TURTLE CREEK, LLC / TURTLE CREEK SUBDIVISION NO. 3
Page 9 of 9
]RTLE CREEK
SUBDIVISION NO. 5
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TURTLECREEK SUBDIVISION
VICINITY MAP
N.T.S.
NO.'3
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