HomeMy WebLinkAboutStaten Park VAR 03-014BEFORE THE MERH)IAN CITY COUNCIL
C/C 05/06/03
IN THE MATTER OF THE
APPLICATION OF DOUG
CAMPBELL, FOR A VARIANCE
FOR A TIME EXTENSION OF FINAL
PLAT FOR STATEN PARK
SUBDIVISION, LOCATED EAST OF
NORTH BLACK CAT ROAD ON
WEST USTICK ROAD, MERIDLAN,
IDAHO
VAR-03-014
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 May 6, 2003, and Brad Hawkins-Clark Planner III for the Planning and Zoning Department,
and Rod Ralphs, 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
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-03-014
DOUG CAMPBELL /STATEN PARK SUBDNISION
PAGE 1 OF 10
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 Doug Campbell, whose address is 1661 Shoreline, Boise, Idaho.
4. The owner of record of the property is Don Thornton, whose address is 1661
Shoreline, Boise, Idaho.
The location of the subject property is presently located east ofNorth Black Cat Road
on West Ustick Road, Meridian, Idaho within a present R-4 zone, Low Density Residential District.
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 located
at 33 E. Idaho Street, Meridian.
The present land use of subject property is presently zoned as R-4 (Low Density
Residential District), 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: Single-family residential.
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
district and such other items as required has been fixrnished.
10. The Applicant seeks a variance of the following provision of the Meridian
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
ORDER OF DECISION GRANTING AVARIANCE /VAR-03-014
DOUG CAMPBELL /STATEN PARK SUBDNISION
PAGE 2 OF 10
City Code, § 12-3-6C, APPROVAL PERIOD, and in the R-4 zone, which provides as follows:
12-3-6 APPROVAL PERIOD:
A. 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.
B. 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 ofthe
said one year period.
C. 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 preliminaryplat, such
segments, if submitted within successive intervals ofone year, maybe considered for
final approval without 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 applicant is requesting to allow the Final Plat to remain valid and to allow a one
year time extension to allow the applicant to file and record the final plat. The applicant has
completed the roads, utilities, and landscaping for the Staten Park Subdivision.
13. Applicant states that they have not submitted a Time Extension for the Staten Park
Final Plat due to confusion overthe acceptance date ofthe application and a change in ownership of
the subject property during the preliminary and final plat process.
14. It is found that strict compliance with the requiremerits of this Title would result in
extraordinary hardship for the applicant due to the investment that has been made in the construction
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
ORDER OF DECISION GRANTING AVARIANCE / VAR-03-014
DOUG CAMPBELL /STATEN PARK SUBDIVISION
PAGE 3 OF 10
of the subdivision's infrastructure.
15. It is found that the requested variance will not necessarily be detrimental or injurious
to the public's welfare or to the other properties in the area as long as current ordinances are met at
the time of issuance of building permits for all lots within the subdivision.
16. Staffis unaware of provisions of Idaho Code that would be violated by the issuance of
the requested variance.
17. It is found that there are special circumstances or conditions affecting the property,
and that strict application ofthis Title would be impractical or unreasonable, MCC 11-18-3, due to
the change in ownership. Additionally, the applicant has completed all the infrastructure, and the
project was just waiting for a final plat signature from ACRD which was just recently obtained on
March 12, 2003.
18. 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.
19. 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.
20. 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
ORDER OF DECISION GRANTING AVARIANCE / VAR-03-014
DOUG CAMPBELL /STATEN PARK SUBDNISION
PAGE 4 OF 10
reasons stated above.
21. The applicant paid the fee established by the City Council for application variance.
22. The applicant shall be required to comply with the conditions and requirements of
the Ada County Highway District listed in their letter dated April 15, 2003, and any other previous
conditions from ACHD pertaining to the project azea development. Additionally, the applicant shall
be required to comply with the following conditions and requirements:
A. Nampa & Meridian Irrigation District as follows:
1. The District does have an urban contract. However, no pressure test has been
completed on this project, nor has any pump update been discussed with the
District. The District has not accepted this project.
B. Meridian Fire Department as follows:
1. That afire-flow of 1,000 gallons per minute be available to service the entire
project. Fire hydrants shall be placed an average of 500' apart. 1997 IIFC
Appendix III-A
2. Operational fire hydrants and temporary or permanent street signs are required
before combustible construction begins. UFC 901.4.2 & 901.3
3. Acceptance of water supply for fire protection is contingent upon acceptance of
the water system for water quality.
4. All internal roads and entrances shall have a fuming radii of 28' inside and 48'
outside.
5. Any dead-end exceeding 150' in length as the result of a phasing process will
require anapproved tum-around.
6. All access roads within the project shall have a clear driving surface with a
minimum width of 20' available at all times. LTFC 902.2.2.1
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
ORDER OF DECISION GRANTING AVARIANCE / VAR-03-014
DOUG CAMPBELL /STATEN PARK SUBDPJISION
PAGE 5 OF 10
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 § I1-18.
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 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 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
ORDER OF DECISION GRANTING AVARIANCE / VAR-03-014
DOUG CAMPBELL /STATEN PARK SUBDIVISION
PAGE 6 OF 10
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, §12-3-6C, APPROVAL PERIOD, and in the R-4 zone, which provides as
follows:
12-3-6 APPROVAL PERIOD:
A. Failure To Submit Final Plan: Council approval ofthe preliminary development plan
shall become null and void ifthe applicant fails to submit the final development plan
within one year of Council approval of the preliminary development plan.
B. 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.
C. 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, maybe
considered for fmal 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:
That the Applicant is hereby granted a variance for time extension of a one year time
frame until February 5, 2004, for submittal of the final plat for Staten Park Subdivision in the R-4
zone. The applicant shall be required to comply with the conditions and requirements of the Ada
County Highway District listed in their letter dated Apri115, 2003, and any other previous conditions
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
ORDER OF DECISION GRANTING AVARIANCE / VAR-03-014
DOUG CAMPBELL /STATEN PARK SUBDIVISION
PAGE 7 OF 10
from ACHD pertaining to the project area development. Additionally, the applicant shall be required
to comply with the following conditions and requirements:
A. Nampa & Meridian Irrigation District as follows:
1. The District does have an urban contract. However, no pressure test has been
completed on this project, nor has any pump update been discussed with the
District. The District has not accepted this project.
B. Meridian Fire Department as follows:
That afire-flow of 1,000 gallons per minute be available to service the entire
project. Fire hydrants shall be placed an average of 500' apart. 1997 UFC
Appendix III-A
2. Operational fire hydrants and temporary or permanent street signs are required
before combustible construction begins. LJFC 901.4.2 & 901.3
3. Acceptance of water supply for fire protection is contingent upon acceptance of
the water system for water quality.
4. All internal roads and entrances shall have a taming radii of 28' inside and 48'
outside.
5. Any dead-end exceeding 150' in length as the result of a phasing process will
require an approved turn-around.
6. All access roads within the project shall have a clear driving surface with a
minimum width of 20' available at all times. UFC 902.2.2.1
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
ORDER OF DECISION GRANTING AVARIANCE / VAR-03-014
DOUG CAMPBELL /STATEN PARK SUBDNISION
PAGE 8 OF 10
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 Approval Period requirements in the R-4 Zone as provided in the
Section 12-3-6C 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 20'x` day of
W1(`,1.17. , 2003.
ROLL CALL:
COUNCILMAN KEITH BIRD
COUNCILWOMAN TAMMY deWEERD
COUNCILWOMAN CHERIE McCANDLESS
COUNCILMAN WM. L. M. NARY
MAYOR ROBERT D. CORRIE
(TIE BREAKER)
DATED: rj--~-D3
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
ORDER OF DECISION GRANTING AVARIANCE / VAR-03-014
DOUG CAMPBELL /STATEN PARK SUBDNISION
PAGE 9 OF 10
VOTED
VOTED__~
VOTED
VOTED
VOTED
MOTION:
APPROVED:~_ DISAPPROVED:
William G. Berg, Jr., City Clerk
Copy served upon Applicant, the
and the City Attorney office.
~~/Of~~~,~~
By: pY l(a,u' ~
City Clerk
y ~
~~
r iss •~
Z:1 W orkVvlUAeridianVvleridian
st r r
j
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
ORDER OF DECISION GRANTING AVARIANCE /VAR-03-014
DOUG CAMPBELL /STATEN PARK SUBDMSION
PAGE 10 OF 10
„~,~ ~ti,/ee,rd
Cntw~~ ~r~e~:cl,ev~~
Public Works Department,