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HomeMy WebLinkAboutBirchstone Creek VAR 03-013BEFORE THE MERIDIAN CITY COUNCIL C/C 07/08/03 C/C 07/15/03 IN THE MATTER OF THE APPLICATION OF BIRCHSTONE CREEK, LLC, FOR A VARIANCE TO MERIDIAN CITY CODE SECTION 12-4-5 REQUIRING BLOCKS TO BE NOT LESS THAN 400 FEET AND NOT MORE THAN 1000 FEET IN LENGTH FOR BIRCHSTONE CREEK SUBDIVISION, LOCATED AT THE NORTHWEST CORNER OF USTICK ROAD AND BLACK CAT ROAD, MERIDIAN, H)AHO VAR-03-013 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 8, 2003, and continued until July 15, 2003, and Anna Powell Planning Director for the Planning and Zoning Department, and Kevin Amar, 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 ofthe 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-03-013 BIRCHSTONE CREEK SUBDIVISION PAGE 1 OF 10 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 Centennial Development, LLC, whose address is 114 E. Idaho Avenue, Suite 230, Meridian, Idaho 83642. 4. The owner of the property is Marcia A. Bain Trust and Marcia A. Bain and Del L. Bain, whose address is 4951 Jordan Lane, Meridian, Idaho 83642. 5. The location of the subject property is presently located at the northwest comer of Usfick Road and Black Cat Road, Meridian, Idaho within a present RUT zone, with an R-8 zone 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. 7. The present land use of the subject property is presently zoned as RUT (Ada County), and which subject property is presently agricultural land. 8. The proposed land use of subject property is to develop the subject property in the following manner: 90-lot residential subdivision and 7 other lots on 34.52 acres to be known as Birchstone Creek Subdivision. 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-03-013 BIRCHSTONE CREEK SUBDNISION PAGE 2 OF 10 10. The applicant, Centennial Development, LLC, has requested a variance from Section 12-4-5 of the MCC, which prohibits residential block lengths from being less than 500 feet or more than 1,000 feet in length. 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. The block that is shorter than 500 feet changed to Block 3 instead of Block 5. One of the two blocks that is longer than 1,000 feet changed to Block 2 instead of Block 4. Block 6 remains the same in the revised plat. Block 6 of the proposed Birchstone Creek Subdivision exceeds the 1,000 foot maximum block length. The applicant also applied for a variance for exceeding the maximum length on Block 2 (formerly Block 4). However, with the Planning and Zoning Department's new implementafion of anew definition for calculating block lengths blocks aze now measured along the longest distance of a block, in a straight line, from one end of the block to the opposite. Under this new method, Block 2 does not exceed the 1,000 foot maximum block length. 13. The hardship that the applicant states exists with this property is that it would prohibit the applicant from complying with the ordinance as a result of the design of the development in relationship to existing conditions in the azea and future land uses that are needed when this property FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING AVARIANCE /VAR-03-013 BIRCHSTONE CREEK SUBDIVISION PAGE 3 OF 10 is platted. The conceptual design of the school site and the desires of the school district regarding entrances. into the site prevent Block 6 from being designed in a manner that meets the maximum requirement. 14. Block 6: The Eight Mile Lateral, owned in fee simple by the U.S. Govenunent and not a part of the applicant's property, borders the west boundary of the subdivision. In addition, the Joint School District No. 2 is negotiating with the applicant for a school lot that borders the entire west boundary of Block 6. In order for Block 6 to be reduced below 1,000 feet in length, a new stub street or pathway would need to be extended through the school lot. It is also unlikely that the highway district and irrigation districts will secure future funding for a bridge across the Eight Mile Lateral. Block 3: This block is 450 feet long, or 50 feet less than the required minimum length. It is completely internal to the subdivision, located off the primary access road, Elmstone Avenue. The applicant states the block cannot be extended in length because of "the unique design of this development in relationship with the proposed school site." It is not found that this block is limited due to the school site. However, it is restricted by ACHD's minimum street off-set policies, which require Birthstone St. and Elmstone Ave. to be located off Black Cat and Ustick, respectively, in their proposed locations. Therefore, based on the surrounding property uses, ACHD policies, and provision of an elementary school lot, it is found that special circumstances exist that make strict application of this title impractical and unreasonable. 15. It is found that strict compliance with the City's Ordinances would not be ofbenefit to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING AVARIANCE / VAR-03-013 BIRCHSTONE CREEK SUBDIVISION PAGE 4 OF 10 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. 16. It is anticipated that the variance will not be detrimental to the public's welfare or injurious to other properties in the area. 17. It is also found that the issuance of a variance to the 1,000 foot maximum block length for Block 6, and the minimum 500 foot block length for Block 3, within the proposed Birthstone Creek Subdivision does not have the effect of altering the purpose and interest of the Zoning Ordinance. 18. 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 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 date June 20, 2003, wherein the applicant shall be required to comply with the conditions and requirements of the corresponding applications in this matter, Cases AZ-03-008 and PP-03-008, for the Birthstone Creek Subdivision, and additionally FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OFDECISION GRANTIlVG A VARIANCE / VAR-03-013 BIRCHSTONE CREEK SUBDNISION PAGE 5 OF 10 comply with the Meridian Fire Department requirements, as follows: A. Adopt the Recommendations of the 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 UFC 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 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. Provide an approved turnaround for all streets greater than 150' in length that have no outlet. It appears that the plan as submitted with a snoopy tumaround meets this requirement. 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. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING AVARIANCE / VAR-03-013 BIRCHSTONE CREEK SUBDIVISION PAGE 6 OF 10 4. Application and standards for variances are set forth in Meridian City Code § 11-18-2, and the findings which aze 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 ofZoning and Development Ordinance would clearly be impracficable 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 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, ifgrantedthe 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 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. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING AVARIANCE / VAR-03-013 BIRCHSTONE CREEK SUBDIVISION PAGE 7 OF 10 Order: That the Applicant is hereby granted a variance to Meridian City Code Section 12-4-5 requiring blocks to be not less than 400 feet and not more than 1,000 feet in length for Birchstone Creek Subdivision for block lengths for Block 6 to be reduced below the 1,000 foot length, and Block 3 to be allowed the present 450 foot length in Birchstone Creek Subdivision in the R-8 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 20, 2003, wherein the applicant shall be required to comply with the conditions and requirements of the Meridian Fire Department, as listed above in Finding 21, and the corresponding applications in this matter, Cases AZ-03-008 and PP-03-008, for the Birchstone Creek Subdivision. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS 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 Ciry of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which maybe adversely affected by this decision 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING AVARIANCE / VAR-03-013 BIRCHSTONE CREEK SUBDIVISION PAGE 8 OF 10 Code. By action of the City Council at its regular meeting held on the of /~~~~~~~ , 2003. ROLL CALL: COUNCILMAN KEITH BIRD VOTED~~ COUNCILWOMAN TAMMY deWEERD VOTED~~ COUNCILWOMAN CHERIE McCANDLESS VOTED_-Z~ COUNCILMAN WM. L. M. NARY VOTED MAYOR ROBERT D. CORRIE VOTED -~ (TIE BREAKER) 2 DATED: ~'~'~j MOTION: JCt~ day APPROVED:_~ DISAPPROVED: Attest: William G. Berg, Jr., Ci TA \\\\`\`~~nurnrmrrgrgi ,.`,~y ~ q'~, C?`~voggT~o ,y, SEAL G</.eU.d //e.rila,~t -Csk~ l'oc~a.E.. FINDINGS OF FACT AND ORDER OF DECISION GR BIRCHSTONE CREEK SU Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and the Clty A~ttOrney OfI1Ce. ~, ~ i ~ ~ ~ ~ ~ ~ ~ ~ ~ trrii ~.~~;t OF MEb~j~~,,~ q 3 . ,~°`~O~'9TFO ti By ~,~ Dated: ~' 7~~ city clerk SEAL Z:\Work\M\Meridian\[vlendian 15360M\Bear Creek No.6 VAR 0301 SFtCIsGrantVariance.doc '~~~~~~,CQUI~Yt"`\~P~~~~~` FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING AVARIANCE / VAR-03-013 BIItCHSTONE CREEK SUBDIVISION PAGE 10 OF 10