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HomeMy WebLinkAboutPintail Pointe Subdivision VAR-01-014BEFORE THE MERIDIAN CITY COUNCIL C/C 12-18-01 IN THE MATTER OF THE ) APPLICATION OF KELLY ) HUNEMILLER, FOR A ) VARIANCE OF SECTION 12-3-6C ) REQUIRING SUBMITTAL OF A ) FINAL PLAT WITHIN ONE YEAR ) FOR PINTAIL POINTE ) SUBDIVISION, LOCATED ) SOUTH OF WEST CHERRY ) LANE AND EAST OF NORTH ) BLACK CAT ROAD, MERIDIAN, ) IDAHO ) VAR-O1-014 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 December 18, 2001, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and Amy Woodruff appeared and testified on behalf of the applicant, and Clint Boyle and Jim Jewett, 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 AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / VAR-01-014 PINTAIL POINTE SUBDIVISION - KELLY HUNEMILLER Page 1 of 10 FINDINGS OF FACT 1. 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 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 Kelly Hunemiller, whose address is 2586 N. Waggle Place, Meridian, Idaho 83642. 4. The owner of the property is Ron Leslie, whose address is 1185 W. Osprey Ridge Dr., Eagle, Idaho 83616. 5. The location of the subject property is presently located in an R-4 (Low Density Residential District), and which subject property is located south of West Cherry Lane and east of North Black Cat Road, Meridian, Idal~o. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / VAR-01-014 PINTAIL POINTE SUBDIVISION - KELLY HUNEMILLER Page 2 of 10 Density Residential District), and which subject property is presently a single family residential subdivision ka~own as Pintail Pointe Subdivision. 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 lmown as Pintail Pointe Subdivision. 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. I 0. The Applicant seeks 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: A. Failure To Submit Final Plan: Council approval of the preliminaW 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 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 FINDiNGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / VAR-01-014 PINTAIL POINTE SUBDIVISION - KELLY HUNEMILLER Page 3 of 10 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. 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 clearly be impracticable or unreasonable are that the applicant states no one was informed of the denial by City Council of the request for extension. While this in and of itself may not be adequate reason to grant a variance, staff does not believe any purpose would be served by requiring 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 that extraordinary hardship to the owner/developer, due to the above conditions, would make strict compliance with Meridian City Code 12-3-8A unreasonable. FINDiNGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTiNG A VARIANCE / VAR-01-014 piNTAIL POiNTE SUBDIVISION - KELLY HUNEMILLER Page 4 of 10 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, however, notation is made that a condition of the preliminary and final plat approvals was to work with the adjacent developer to work out a system whereby the applicant participated in the cost of the lift station and the pressurized irrigation system which were built by the developers of Blackstone Subdivision. To date, no agreement has been reached, and the adjacent developer remains unpaid. 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. The applicant paid the fee established by the City Council for application variance. 17. The applicant shall comply with all the requirements of the Meridian Fire Department, and Clint Boyle's comments, as listed herein belo~v in the Decision and Order at nnmber 1. 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 F1ND1NGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / VAR-01-014 PINTAIL POINTE SUBDIVISION - KELLY HUNEMILLER Page 5 of 10 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 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 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 reqnirements 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 FINDiNGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / VAR-01-014 PiNTAIL POiNTE SUBDIVISION - KELLY HUNEMILLER Page 6 of 10 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, § 12-3-6C, 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 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 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / VAR-01-014 PINTAIL POINTE SUBDIVISION - KELLY HUNEMILLER Page 7 of 10 requirement for submittal of a final plat within one year of the previous phase for Pintail Pointe Subdivision in the R-4 zone, until June 20, 2002. That the Applicant shall obtain a written agreement with the adjacent developers of Blackstone Subdivision pertaining to the cost of the lift station and the pressurized irrigation system, and do so as soon as possible. The developer shall also incorporate Pintail Pointe Subdivision into the covenants and restrictions for Blackstone Subdivision, and said Pintail Pointe Subdivision shall be a part of the Blaclcstone Subdivision Homeowner's Assodation. Additionally, the Applicant shall comply with the requirements of the Meridian Fire Department as follows: 1.1 Provide a fire-flow as required by the 1997 Uniform Fire Code Appendix III-A. Show all proximity hydrants within 500' of the project on the resubmittal plat. 1.2 All corners will have to have 28' inside radius and 48' outside radius. 1.3 The roadways shall be built to Ada County Highway Standards. UFC 902.2.1 1.4 Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian for water quality. 1.5 Final approval of fire hydrant locations shall be by the Fire Department. 1.6 Insure that all yet undeveloped parcels are maintained free of combustible vegetation per 1103.2.4 of the Uniform Fire Code. 1.7 The hammerhead will be required to be 120' wide. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / VAR-01-014 PINTAIL POINTE SUBDIVISION - KELLY HUNEMILLER Page 8 of 10 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 ROLL CALL: COUNCILMAN BIRD ,2002. VOTED VOTED COUNCILWOMAN deWEERD day COUNCILWOMAN McCANDLESS VOTED COUNCILMAN NARY VOTED MAYOR ROBERT D. CORRIE (TIEBREAIGER) DATED: /--/~'~O7-~ VOTED MOTION: APPROVED: DISAPPROVED:. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / VAR-01-014 PINTAIL POINTE SUBDIVISION - KELLY HUNEMILLER Page 9 of 10 Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and the City Attorney office. B "~ity Clerk Dated: Z:\Work2d~VleridiankMeridian 15360M~intail Pointe Sub VAR01-014~FfClsGrantVariance.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VAPdANCE / VAR-01-014 PINTAIL POINTE SUBDWISION - KELLY HUNEMILLER Page 10 of 10 BLACK CAT RD