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Home My WebLink AboutBear Creek No 7 VAR 03-017BEFORE THE MERIDIAN CITY COUNCIL C/C 07/09/03 IN THE MATTER OF THE APPLICATION OF BEAR CREEK, LLC, FOR A VARIANCE FOR BLOCK LENGTH IN THE BEAR CREEK SUBDIVISION N0.7, LOCATED NORTH OF WEST VICTORY ROAD AND EAST OF SOUTH STODDARD ROAD, MERIDIAN, IDAHO VAR-03-017 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 July 9, 2003, and Anna Powell Planning Director for the Planning and Zoning Department, and Dean Briggs, 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-03-017 BEAR CREEK, LLC /BEAR CREEK SUBDIVISION NO. 7 PAGE 1 OF 8 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 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. The location of the subject property is presently located north of West Victory Road and east of South Stoddard Road, Meridian, Idaho within present R-4 zone. 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. 7. The present land use of subject property is presently zoned as R-4 (Low Density Residential), and which subject property is presently residential/vacant. 8. The proposed land use of subject property is to develop the subject property in the following manner: residential. 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. 10. The applicant, Bear Creek, LLC, has requested a variance from Section 12-4-2.F. of the MCC, which prohibits cul-de-sac lengths from exceeding 450 feet. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING AVARIANCE / VAR-03-017 BEAR CREEK, LLC /BEAR CREEK SUBDIVISION NO. 7 PAGE 2 OF 8 11. The Applicant seeks a variance of the following provision of the Meridian City Code, § 12-4-2.F., CUL-DE-SACS, and in the R-4 zone, which provides as follows: 12-4-2.F. CUL-DE-SACS: No street which ends in a cul-de-sac or adead-end shall be longer than four hundred fifty feet (450'). 12. Block 1 of the proposed Beaz Creek Subdivision No. 7 exceeds the 450-foot maximum cul-de-sac length. A preliminazyplat (PP-03-009) is being processed concurrentlywith the variance application for phase seven. 13. The applicant has stated in the 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 approved by ACHD. 14. 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. 15. The proposed Bear Creek Subdivision No. 7 is bordered to the north and east by the Ridenbaugh Canal, thus prohibiting interconnectivity to the existing phases of Beaz 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, it is found that special circumstances exist that make strict application of this title FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING AVARIANCE / VAR-03-017 BEAR CREEK, LLC /BEAR CREEK SUBDIVISION N0.7 PAGE 3 OF 8 impractical and unreasonable. 16. It is found that strict compliance with the City's ordinance would not be ofbenefit to the City, the surrounding property owners or the applicant. Based on the size, configuration of the parcel, and the adjacent Ridenbaugh Canal, it is found that strict compliance to the MCC 12-4-2.F. would be unreasonable and would not result in inhibiting the objectives of the MCC. 17. It is anticipated that the variance will not be detrimental to the public's welfare or injurious to other properties in the area. 18. It is found that the 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. 19. 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. 20. The applicant paid the fee established by the City Council for application variance. 21. The applicant shall be required to comply with the conditions and requirements of the Ada County Highway District listed in their letter dated June 25, 2003, and additionally comply with the Meridian Fire Department requirements as follows: 1. That afire-flow of 1,000 gallons per minute be available to service the en5re project. Fire hydrants shall be placed an average of 500' apart. 1997 UFC Appendix III-A FINDINGS OF FACT AND CONCLUSIONS OF LAWAND -- ORDER OF DECISION GRANTING AVARIANCE / VAR-03-017 BEAR CREEK, LLC /BEAR CREEK SUBDIVISION N0.7 PAGE 4 OF 8 2. Operational fire hydrants and temporary or permanent street signs are required before combustible conshucrion begins. UFC 901.4.2 & 901.3 3. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian for water quality. 4. All radii shall be 28' inside and 48' outside radius. 5. Pazking will be restricted to one side of the street on all portions of the roadway with a 29' wide street section. CONCLUSIONS OF LAW 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. 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 aze 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 condifions affecting the property that strict application ofthe provisions ofZoning and Development Ordinance would clearly be impracticable and unreasonable, and a finding that strict compliance with the requirements of the Zoning and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING AVARIANCE / VAR-03-017 BEAR CREEK, LLC /BEAR CREEK SUBDIVISION NO. 7 PAGE 5 OF 8 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 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, § 12-4-2.F., CUL-DE-SACS, in the R-4 zone provides as follows: 12-4-2.F. CUL-DE-SACS: No street which ends in a cul-de-sac or adead-end shall be longer than four hundred fifty feet (450'). 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 450 foot maximum cul-de-sac length requirement for Block 1 in Bear Creek Subdivision No. 7 to exceed the 450 foot maximum cul-de-sac length in the R-4 zone. Additionally, the applicant shall be required to comply with the conditions and requirements of the Ada County Highway District listed in their letter dated June 25, 2003, and the applicant shall also be required to comply with the conditions and requirements of the Meridian Fire Department listed above for the Bear Creek Subdivision No. 7. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING AVARIANCE / VAR-03-017 BEAR CREEK, LLC /BEAR CREEK SUBDIVISION NO. 7 PAGE 6 OF 8 NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAHINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code Secfion 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 Cul-de-sac Requirements in the R-4 Zone as provided in the Section 12-4-2.F. 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 2 Z ~ day of _ ~~(.f-e~. , 2003. ROLL CALL: COUNCILMAN KETI'H BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE McCANDLESS COUNCILMAN WM. L. M. NARY VOTED ~~-~ VOTED~~ VOTED~iti VOTED_ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING AVARIANCE / VAR-03-017 BEAR CREEK, LLC /BEAR CREEK SUBDIVISION N0.7 PAGE 7 OF S MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: ~ ,2Z-O3 MOTION: Attest: APPROVED:~_ G. Berg, Jr., City Copy served upon Applicant, the and the City Attorney office. By:~~~iv' A+/1 „ City Clerk VOTED DISAPPROVED: ~~~T~~~, REAL ~ ~~ O T1SS• Public Works Department, "'••lll 11 l111~" \\\1P II II II III I/I// ~J~~~FtPORq ~ o ~L ~~~ 7 230 3 Dated: sEAL ~~ o~ 1~' ~~90 GS' r 1SZ . ~~\; Z:\WorkVN\MeridianVNeridian 15360MIBeaz Creek No. 7 VAR-03-017\Ff~1sGlarltVariaace.doc '''''f~ COUNTY ` \OP \`\\\ rr'rlrrnn nml\`\\• FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING AVARIANCE / VAR-03-017 BEAR CREEK, LLC /BEAR CREEK SUBDIVISION NO. 7 PAGE 8 OF 8