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Home My WebLink AboutBear Creek 7 VARHUB OF TREASURE VALLEY MAYOR A GOOd Place to Live LFGAL DEPARTMENT RobertD Currie CITY OF MERIDIAN (20)466.9272.Fax466-4405 CTTY COUNCIL MEMBERS PUBLIC WORKS Tanury deWeerd 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (208) 898-5500 ~ Fax 887-1297 Cherie McCandless (208) 888-0433 ~ FAX (208) 887-0813 PLANNIlVG AND ZONING William L.M_ Nary City Clerk Oftioc Fax (208) 888-4218 DEPARTMENT (208) 884-5533 ~ FAX 888-6854 MEMORANDUM: Hearing Date: July 8, 2003 Transmittal Date: June 26, 2003 To: Mayor and CityCouncil S DECEIVED From: Sonya Allen, Planner I ~!,~ JUN 2 6 2003 City Of Meridian Re: Bear Creek Subdivision No. 7 -Variance City Clerk Office Request for a Variance from Meridian City Code (MCC) 12-4-2.F. (Cul-de-sac Length), to allow Block 1 to exceed the 450-foot maximum cul-de-sac length, within the proposed Bear Creek Subdivision No. 7, by Bear Creek, LLC (File No. VAR-03-017). The Planning and Zoning staff has reviewed the applicant's submittal, and 3ve offer the following comments and recommendations: APPLICATION SUMMARY The applicant, Bear Creek, LLC, has requested a variance from section 12-4-2.F. of the Meridian City Code (MCC), which prohibits cul-de-sac lengths from exceeding 450 feet. Block 1 of the proposed Bear Creek Subdivision No. 7 exceeds the 450-foot maximum cul-de- sac length. A preliminary plat (PP-03-009) is being processed concurrently with the variance application for phase seven. The applicant has stated in their application that they cannot comply with the cul-de-sac ordinance due to existing conditions (street configurations) approved in previous phases of Bear Creek Subdivision, and sight distance issues with Victory Road: the sight distance on Victory Road prohibits the construction of an intersection. The applicant states that eliminating the cul- de-sac would create an unsafe intersection onto Victory Road and would not be annroved by ACHD. LOCATION The property is located approximately %2 mile west of S. Meridian Road on the north side of W. Victory Road. VAR-0?-017 Bea Creek Sib 1.VAR Mayor and Council Transmittal Date: June 26, 2003 Page 2 North: Bear Creek Subdivision, zoned R-4 West: Pebble Lane Estates, zoned Rl (Ada County) East: Bear Creek Subdivision, zone R-4 South: Rural residential/agricultural, zoned RUT (Ada County) OWNER OF RECORD The property owner of record is Bear Creek, LLC and they have provided notarized consent for submission of this application. According to Ordinance 11-18-1, Variances, the Council may authorize in specific cases a variance from the terms of either the Zoning or Subdivision Ordinance. Specifically, the Ordinance lists the following Findings (MCC11-18-3), all of which must be determined before granting a variance: A. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Title would clearly be impracticable or unreasonable; The proposed Bear Creek Subdivision No. 7 is bordered to the north and east by the Ridenbaugh Canal, thus prohibiting interconnectiviry to the existing phases of Bear Creek Subdivision. Victory Road borders the proposed subdivision to the south and Pebble Lane Estates to the west. Therefore, based on the existing surrounding property uses and existing street configurations, staff finds that special circumstances exist that make strict application of this title impractical and unreasonable. B. That 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; vAR-a3-o n Bear Creek Sub ]VAR Mayor and Council Transmittal Date: June 26, 2003 Page 3 As noted above, staff finds that strict compliance with the City's Ordinance would not be of benefit to the City, the surrounding property owners or the applicant. Based on the size, configuration of the parcel, and the adjacent Ridenbaugh Canal, staff finds that strict compliance to the MCC 12-4-2.F. would be unreasonable and would not result in inhibiting the objectives of the MCC. C. 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; Staff anticipates that the variance will not be detrimental to the public's welfare or injurious to other properties in the area. The City CouncIl should listen to any public testimony offered concerning whether or not the surrounding property owners feel that the requested variance will negatively affect their properties. D. That such variance will not have the effect of altering the interest and purpose of this Title and the Meridian Comprehensive Plan. Staff fmds that issuance of the variance for exceeding the 450' maximum cul-de- sac length within the proposed Bear Creek Subdivision No. 7 does not have the effect of altering the purpose and interest of the Zoning Ordinance. The proposed cul-de-sac increases safety by eliminating a potentially dangerous intersection on Victory Road. STAFF RECOMMENDATION Staff recommends approval of this variance request. VAR-D3-OV Hex Creek Sub ZVAR P r ~"~`' ~~~~~''' Ada Count Hi hwa District Y g Y Sherry R. Huber. President 318 Fast 37th Streat Susan S. Eastlake, 1st Vice President Garden City ID 83714-6499 Dave Bivens, 2nd Vice President Phone (208) 387-6100 John S. Franden, Commissioner FAX (208) 387.6391 David E. Wynkoop, Commissioner E-mail: tellusC~?ACHD.ada.id.us June 25, 2003 TO: Bear Creek LLC Greg Johnson R~ C E TT TE T 660 E. Franklin Road, Suite 240 LlJ 1 ~/ ,j_,/ Meridian, Idaho 83642 JUN 2 7 2003 SUBJECT: MVAR03-017 City Of Meridian Variance for cul-de-sac length in Bear Creek No. 7 City Clerk Office Northeast corner of Stoddard Road and Victory Road In response to your request for comment, the Ada County Highway District (ACRD) staff has reviewed the submitted application and site plan for the item referenced above. It has been determined that the Right-of- Way and Development Services Department does not have any site specific requirements for you at this time: • This application is for a variance to the City of Meridian • Roadway improvements are to be constructed with the Subdivision If the site plan or use should change in the future, ACRD will review the site plan and may require improvements to the transportation system at that time. A traffic impact fee may be assessed by ACRD and will be due prior to the issuance of a building permit. Contact ACRD Planning & Development Services at 387-8170 for information regarding impact fees. Prior to the construction or installation of any roadway improvements (curb, gutter, sidewalk, pavement widening, driveways, culverts, etc), a permit or license agreement must be obtained from ACRD. In accordance with ACHD's standard requirements, the applicant shall: • Meet District drainage requirements, • Replace or repair any damaged curb, gutter and sidewalk (as determined by Construction Services), • Bear all costs for the relocation of utilities associated with improving street frontages, • Contact the District's Utility Coordinator or Construction Services Department in regard to all utility street cuts to determine if the pavement is less than five years old. These provisions are in accordance with the Ada County Highway District Policy Manual, ISPWC Standards, Construction Services policies and procedures as well as all applicable ACRD Ordinances. If you should have any questions in regard to the standard requirements please feel free to contact out Construction Services Department at 387-6280 or our Drainage Department at 387-6250 (with file number) for details. If you have any questions, please feel free to contact the Right-of-Way and Development Services Department at (208) 387-6170. Sincerely, Joyce Newton Development Analyst Right-of-Way and Development Services Cc: ~ Planning & DevelopmenUProject File Planning & Development Services City of Meridian Construction Services Briggs Engineering Steve Arnold 1800 W. Overland Road Boise, Idaho 83705 CENTRAL •• DISTRICT HEALTH DEPARTMENT Rezone # Conditional Use # Preliminary /Final /Short Plat ~(ZC3 - .- Return ta: ^ Boise ^ Eagle ^ Garden City ,.ruffian ^Kuna - ^ACZ ~vJe have No Objections to this Proposal. SUN ~ { ' '-°$ City Of Meridian ^ 2. We recommend Denial of this Proposal. City Clerk Office ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ waste flow characteristics ^ or bedrockfrom original grade ^ other ^ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ^ 8: After written approval from- appropriate entities are submitted, we can approve this proposal for: ^ central sewage ^ community sewage system ^ communiiy water well ^ interim sewage ^ central water ^ individual sewage ^ individual water ^ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ^ central sewage ^ community sewage system ^ communiy water ^ sewage dry lines ^ central water ^ 10. Run-off is not to create a mosquito breeding problem. ^ 11. This Department would recommend deferral until high seasonal ground water can be determined 'rf other considerations indicate approval. ^ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 13. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store ^ 14. CENTRAL DISTRICT HEALTH DEPARTMENT Environmental Health Division Date:4 /~/~~ Reviewed By: ~..~ -/~~~/ Review Sheet coHO~ooik~ MAYOR Robert D. Con'ie CITY COUNCIL MEMBERS Tammy de Weerd William L. M. Nary Cherie McCandless Keith Bird ~ ~+'... CITY OF y~~~1~~~r~ ~~ri~i~n: -,e 11 IDAHO LEGAL DEPARTMENT (208) 4GG9272 • FAX 4GG4405 PARKS & RECREAT[ON (208) 888-3579 • Fax 898-5501 PUBLIC WORKS (208) 898-5500 • Fax 887-1297 BUILDING DEPARTMBNT (208) 887-2211 • Pnx 887-] 297 PLANNING & ZONING (208) 884-5533 • Fax 888-6854 TRANSMIT WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: 2003 Transmittal Date: June 11, 2003 Hearing Date: July 8, 2003 File No.: VAR 03-017 Request: Variance of Cul-de-sac length in an R-4 zone for Bear Creek No. 7 By: Bear LLC Location of Property or Project: north of West Victory Road and east of Roatl David Zaremba, P/Z Mo vaR, vac, raI Jerry Centers, PIZ Mo vaa, vac, ~ Leslie Mathes, P!Z Mu vars. vad, F~ Michael Rohm, P2 Mn vart, vac,rrl Keith BOfUp, P/Z Crvo vaR Vac, r'vI Robert Come, Mayor Bill Nary, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service Mo vaa, vac, FrI Building Department Fire Department Police Department City Attorney City Engineer ~City Planner ,/ Parks Department Meridian School District Mo F% Meridian Post Office rFamPO,eri Ada County Highway District Ada County Development Services Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. RwPVOmyI U.S. West ir=rmrwx~ Intermountain Gest~waromy) Bureau of Reclamation (Frivro~ryl Idaho Transportation Department Mo r-~l Ada County Cazomyl Ada County Assess. Land Records trv~Pr omyt Meridian Development Corporation Historical Preservation Commission RECEI~7E I A~.~~~ t 3 zoos City of Meridian City Clerk Officr- 33 EAST IDAHO AVENUE • MERIDIAN, IDAHO 83642 • (208) 888-4433 City Clerk Office Fax (208) 888-4218 Human Resources Fax (208) 884-8723 Finance & U[iliCy Billing Fax (208) 887-4813 MAYOR Robert D. Conie CITY COUNCIL MEMBERS Tammy de Weerd William L. M. Nary Cherie McCandless Keith Bird ~.iyi ~,Q ,~' CITY OF ~~t'~~~ ~~ ~.~Vl eY1G~1G~Y! : ~~`'~ 11 IDAHO LEGAL DEPARTMENT (208) 46G9272 • FAX 4(G~L105 PARKS & RECREATION (208) 888-3579 • Fax 898-550 t PUBLIC WORKS (208) 898-5500 • Fax 867-1297 BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING & ZONING (208) 884-5533 • Fax 888-6854 TRANS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: July 1, 2003 Transmittal Date: June 11, 2003 Hearing Date: July 8, 2003 File No.: VAR 03-017 Request: Variance of Cul-de-sac length in an R-4 zone for Bear Creek No. 7 By: Bear Creek, LLC Location of Property or Project: north Road and east of South Stoddard Road David Zaremba, P/Z r~ vaR vac, rr1 Jerry Centers, P/Z Ma vag vac, r~a~ Leslie Mathes, P/Z MnvaL vnc,Fr1 Michael Rohm, P/Z INO vat vac, Fq Keith Borup, P/Z (Ha wv; vac, Fq Robert Corrie, Mayor Bill Nary, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C ~~ater Department Sewer Department Sanitary Service Mo vaR, vac, ~ Building Department Fire Department Police Department City Attorney City Engineer City Planner ~~ Meridian School District rNOFrI Meridian Post Office t~wPV wy9 Ada County Highway District Ada County Development Services Central District Health Nampa Meridian brig. District Settlers Irrigation District Idaho Power Co. (~viav omrl U.S. West (FVivro~yl Intermountain Gast~grrocyl Bureau of Reclamation (FVmr onM Idaho Transportation Department Ir~mFP) Ada County lnzwvy) Ada.County Assess. Land Records rFwrroetyl Meridian Development Corporation Your Concise Remarks: cg~~ y ~Y~ ~-- ~ ~d~aazv Wi~S'~~WA'~~~ I3EPT. Historical Preservation Commission RECEIVED I U N 1 ~ 200 City of Meridian City Clerk Office 33 EAST IDAHO AVENUE • MERIDIAN, IDAHO 83642 • (208) 888-4433 City Clerk Office Fax (208) 888-4218 Human Resources Fan (208) 884-8723 Finance & Utility Billing Fax (208) 887-4813 MAYOR Rober[ D. Corrie CITY COUNCIL MEMBERS Tammy de Weerd William L. M. Nary Cherie McCandless Keith Bird ,~ ,~.. ~_ UTY OF ~~~~, -Y ,: Y C~ri~i~€n {{ ID.SHO LEGAL DEPARTMENT (206) 4GG-9272 • FAX 4GG-4405 PARKS & RECREATION (208) 888-3579 • Fax 898-5501 PUBLIC WORKS (208) 898-5500 • Faz 687-1297 BUILDING DEPARTMENT (208) 887-22 f I • Fax 887-1297 PLANNING & ZONING (208) 884-5533 • Fax 888-G8S4 TRA WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: July 1, 2003 Transmittal Date: June 11, 2003 Hearing Date: July 8, 2003 File No.: VAR 03-017 Request: Variance of Cul-desac length in an R-4 zone for Bear Creek No. 7 By: Bear Creek, LLC Location of Property or Project: Road and east of South Stoddard Road DavidZaremba,P2 Movan,vac,Fq Jerry Centers, P/Z ao van, vao, r-a% Leslie Mathes, P2 wo vaR Vac, Fq Michael Rahm, P2 wo van, vac, rat Keith Borup, P/Z wo van, vac, r-v~ Robert Come, Mayor Bill Nary, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service tHOVan,vac,Fq Building Department Fire Department Police Department Cily Attorney Your C • ,-. Meridian School District woF~7 Meridian Post Office tFwra on(h Ada County Highway District Ada County Development Services Central District Health Nampa Meridian brig. District Settlers Irrigation District Idaho Power Co. 1FwvP«xr7 U.S. West war o~y7 Intermountain Gastamm~ony) Bureau of Reclamation f~POM'1 Idaho Transportation Department wo~~ Ada County razwxy) Ada.County Assess. Land Records r~warwy7 Meridian Development Corporation Historical Preservation Remarks: f>!l- t.~.',C~r ; RECENED l l.f iv 1 6 2003 City df Meridian City Clerk Office 33 EAST IDAHO AVENUE • MERIDIAN, IDAHO 83642 • (208) 888-4433 City Clerk Otlice Fax (208) 888-4218 Human Resources Fax (208) 884-8723 Finance & Utility Billing Fax (208) 887-4813