Loading...
HomeMy WebLinkAboutBear Creek 6 VAR 03-015BEFORE THE MERIDIAN CITY COUNCIL C/C 06/10/03 IN THE MATTER OF THE APPLICATION OF BEAR CREEK, LLC, FOR A VARIANCE FOR BLOCK LENGTH IN THE BEAR CREEK SUBDIVISION NO. 6, LOCATED WEST OF SOUTH MERIDIAN ROAD AND SOUTH OF VAR-03-015 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE WEST OVERLAND ROAD, MERIDIAN, IDAHO The above entitled matter coming on regularly for public hearing before the City Council on June 3, 2003 and continued until June 10, 2003, and Anna Powell Planning Director for the Planning and Zoning Department, and Steve Arnold, 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 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 / VAR-03-015 BEAR CREEK, LLC /BEAR CREEK SUBDNISION NO. 6 PAGE 1 OF 9 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 Bear Creek, LLC, Greg Johnson, whose address is 660 E. Franklin, Suite 240, Meridian, Idaho 83642. 4. The owner of the property is Bear Creek, LLC, Greg Johnson, 660 E. Franklin, Suite 240, Meridian, Idaho 83642. 5. The location of the subj ect property is presently located west of South Meridian Road and south of West Overland Road, Meridian, Idaho within present R-4 and R-8 zones, 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. The present land use of subject property is presently zoned as R-4 (Low Density Residential) and R-8 (Medium Density Residential), and which subject property is presently residentiaUvacant. The proposed land use of subject property is to develop the subject property in the following manner: 31 building lots and 2 other lots on 10.49 acres. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING AVARIANCE / VAR-03-015 BEAR CREEK, LLC /BEAR CREEK SUBDIVISION NO. 6 PAGE 2 OF 9 10. The applicant, Bear Creek, LLC, has requested a variance from Section 12-4-5 ofthe MCC, which prohibits residential block lengths from exceeding 1,000 feet. 11. The Applicant seeks a variance of the following provision of the Meridian City Code, §12-4-5, BLOCKS, and in the R-8 zone if granted the re-zone, which 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. 12. Block 22 of the proposed Beaz Creek Subdivision No. 6 exceeds the 1,000-foot maximum block lehgth. The applicant also applied for a variance on Bloc]< 7, however the Planning and Zoning Department has implemented a new definition for calculating block lengths. Instead of measuring along the rear lot lines, around the entire block from street to street, blocks are now measured along the longest distance of a block, in a straight line, from end to end of the block, to the opposite end. Under this new method, Block 22 still exceeds 1,000 feet. 13. The original preliminary plat for Bear Creek Subdivision included a cul-de-sac at the eastern end of S. Ice Beaz Way, and there was no road connection to the property to the south. Now that Beaz Creek, LLC has obtained the narrow strip of land to the south (formerly known as Kodiak) they have eliminated the cul-de-sac to provide a street connection to the south which connects to W. Cub Street, the existing stub street. 14. The applicant has stated in the application that they cannot comply with the ordinance due to existing conditions (street configurations) approved in previous phases of Bear Creek FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING AVARIANCE / VAR-03-015 BEAR CREEK, LLC /BEAR CREEK SUBDNISION N0.6 PAGE 3 OF 9 Subdivision. The applicant states that creating stub streets to break up the proposed block lengths is a hardship due to the fact that they would not connect to anything in the future. Furthermore, the applicant will be eliminating a potentially hazardous intersection on SH 69. 15. 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. 16. The existing Bear Creek Subdivision provided a stub street along the west end of the proposed subdivision and did not provide any stub streets in the north east comer of the proposed subdivision. The property to the south of the proposed subdivision is owned by the Valley Shepherd Nazarene Church, and the applicant has provided astub-street to this property. The property line to the east borders SH 69, and it is supported to limit access to the highway from within the proposed subdivision. Therefore, based on the surrounding property uses and existing street configurations, it is found that special circumstances exist that make strict application of this title impractical and unreasonable. The applicant has provided one (1) stub street to the church property to the south. It is found that requiring additional stubs and/or connections would not be reasonable or practical. 17. It is found that strict compliance with the City's ordinances would not be of benefit to the City, the surrounding property owners or the applicant. Based on the nature and location of stub streets within the adjacent development, 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING AVARIANCE / VAR-03-015 BEAR CREEK, LLC /BEAR CREEK SUBDNISION NO. 6 PAGE 4 OF 9 18. It is anticipated that the variance will not be detrimental to the public's welfare or injurious to other properties in the azea. 19. It is found that the issuance ofthe variance to the 1,000-foot maximum block length within the proposed Bear Creek Subdivision No. 6 does not have the effect of altering the purpose and interest of the Zoning Ordinance. The proposed subdivision increases interconnectivity (by eliminating a cul-de-sac) and increases safety by eliminating a potentially dangerous intersection on the highway. 20. 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. 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 date May 27, 2003, wherein the applicant shall be required to comply with the conditions and requirements of the corresponding applications in this matter, Cases RZ-03-006 and PP-03-005, for the Bear Creek Subdivision No. 6, and additionally comply with the Meridian Fire Department requirements as follows: That a fire flow of 1,000 gallons per minutes 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. UFC 90l .4.2 and 901.3 Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian for water quality. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING AVARIANCE / VAR-03-015 BEAR CREEK, LLC /BEAR CREEK SUBDNISION NO. 6 PAGE 5 OF 9 4. All radii shall be 28' inside and 48' outside radius. 5. Any dead-end exceeding 150' in length as the result of a phasing process will require an approved tum-around. 6. The Fire Department has no objection to the request to exceed the 1,000 block length. 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 § 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 ~ I 1-18-2. and the findings which are required are set forth in Meridian City Code § 11-18-3, include required findings that there are special circtunstances 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING AVARIANCE / VAR-03-015 BEAR CREEK, LLC /BEAR CREEK SUBDIVISION NO. 6 PAGE 6 OF 9 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 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 in the R-8 zone, if granted 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 bacl: 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. 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 from the 1,000 foot minimum block length requirement for block lengths for Block 22 in Bear Creek Subdivision No. 6 to exceed the 1,000' maximum block length in the R-8 zone. Additionally, the applicant shall be requ iced to comply ~~-ith the conditions and requirements of the Ada County Highway District listed in their letter dated May 27, 2003, wherein the applicant shall be required to comply with the conditions and requirements of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING AVARIANCE / VAR-03-015 BEAR CREEK, LLC /BEAR CREEK SUBDIVISION N0.6 PAGE 7 OF 9 the Meridian Fire Department listed above, and the con-esponding applications in this matter, Cases RZ-03-006 and PP-03-005, for the Bear Creek Subdivision No. 6. 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 of ~./~~~' , 2003. ROLL CALL: COUNCILMAN KEITH BIItD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE McCANDLESS COUNCILMAN WM. L. M. NARY MAYOR ROBERT D. CORRIE (TIE BREAKER 2 DATED: ~~~0/ r~~ VOTED VOTEDL VOTED /~~'~~'`~ VOTED~- VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING AVARIANCE / VAR-03-015 BEAR CREEK, LLC /BEAR CREEK SUBDIVISION NO. 6 PAGE 8 OF 9 day MOTION: APPROVED:_~ DISAPPROVED: D. Conie Attest: William G. Berg, Jr., ~" y "' -- -c~'1 "'~. ~G~~ ~ ~ i SEAL '° ~$ ~' 9 cUSr 3s't ,~q ~ ~pQ',~: Copy served upon Applicant, the Planning and the City Attorney office. BY:~~,~.~-f-~ ,C~.. City Clerk ent, Public Works Department, ",u~nungtlnr \\~.~~y OF MERj~.,, ,~~vo~ .; ~2~'- TFo Dated: 7 Z -~ 3 = s~~.~, '~, ,~o~ O • 9~ GSr 1SS • .r :~ Z:\Work\MVNeridianN3eridian 15360M\Bear Creek No.6 VAR 03 D15\FfClsGrantVariance.doc '/',~~~~0 ~(f'(~TY11\~OP\`~~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OFDECISION GRANTING AVARIANCE / VAR-03-015 BEAR CREEK, LLC /BEAR CREEK SUBDPJISION NO. 6 PAGE 9 OF 9