HomeMy WebLinkAboutOlsen Bush No 2 VAR 03-018 fIUB OF TREASURE VALLEY
MAYOR A GOOd P1aCa t0 L1V0 LEGAL DEPARTMENT
Robert D. Currie
CITY OF MERIDIAN (208) 2aR-2499 •Faz 288-2501
CITY COUNCILMEMBERS PUBLIC WOAKS
Wilham L
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Nary 33 EA$T H)AHO BUILDING DEPARTMENT
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. (zoa> asz-zzll ~ Fax asz-1z97
xe;lh B;~d MERIDIAN, IDAHO 83642
Tammy deWeerd (zoa) 888`1433 ~ PAX (208) 887-0813 PLAIVIVING AND ZONING
City Clerk Office Faz (20a) 888-4218 DEPARTMENT
Cherie McCandless
(208) 884-5533 ~ FAX 888-6854
STAFF REPORT:
Hearing Date: November 12, 2003
Transmittal Date~gy,~1~~Q0~~T
To: Mayor & City Council ~~ `` \VVf 11.-
NOV 0 ~ 2003
From: Brad Hawkins-Clark, Planner III /g1~t`
City Of Meridian
City Clerk Office
Re: Request for a Variance to Record Olsen Bush II Subdivision Final Plat by R2
Development, Inc. (File # VAR-03-018)
I have reviewed this submittal and offer the following comments as conditions of the applicant.
These conditions shall be considered in full, unless expressly modified or deleted by motion of the
Meridian City Council:
APPLICATION SUMMARY & BACKGROUND
The Applicant, R2 Development, Inc., is requesting a variance from Meridian City Code (MCC) 12-3-
8, "Approval of Final Plat", which requires subdividers to file approved Final Plats with the Ada
County Recorder within one year of City Council approval of the Final Plat application. As noted in
the application, the subdivision has not proceeded due to poor economic conditions. If approved, this
would be the third, one year time extension granted to the Olsen Bush II Subdivision.
The Applicant is requesting a time extension of the plat recording deadline. In August, the Zoning
Administrator ruled that the Olsen Bush II final plat was null and void (based on MCC 12-3-8). On
September 9, 2003, R2 Development appealed the Administrator's decision to consider the plat null
and void. Then, at their October 16, 2003 meeting, the P&Z Commission overturned the
Administrator's decision, allowing the Applicant to file a variance application to the City Council.
The original Olsen Bush II Final Plat was approved by City Council on August 1, 2000. On June 20,
2001, as permitted by MCC 12-3-8.B, R2 Development requested a one year extension for filing the
final plat with the Ada County Rewrder. That extension was approved, which established a new
recording deadline of August 1, 2002. Then, on August 1, 2002, R2 Development submitted a
Variance application requesting a second one year extension of the final plat. (The Variance
application was required because a subdivision can only receive a single, one year extension. As an
alternative to considering the plat null and void, the City has allowed applicant's to submit Variance
applications.) On September 17, 2002, the City Council approved the Variance application, extending
the recording date until August 1, 2003. R2 Development is now requesting the city to extend the final
plat until June 1, 2004.
Under City of Meridian Title 12 (Subdivision Ordinance), staff is not granted any authority to waive or
modify deadlines or other completion/recording dates established by the City Council or as set by the
ordinance. If the deadline is not met, City Council approval of the plat technically becomes null and
VAR-03-018
Olsen Bush II TE.var
Mayor and Council
Transmittal Date: November 5, 2003
Page 2
void. The fact that improvements have been made to the Snyder Lateral and sanitary sewer is installed
does not have any relationship to the plat recording deadline.
Based on these facts and the findings listed below, Staff is recommending denial of the variance
request.
LOCATION & ZONING
The subject property is located at the west end of E. Lanark Street, approximately 800 feet west of
Eagle Road/SH 55. The property is zoned Light Industrial (I-L).
According to Ordinance 12-11-2, Variance Findings, 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, 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. In such cases, the subdivider shall first state his
reasons in writing as to the specific provision or requirement involved;
The Applicant states that "poor economic conditions" has prevented them from
commencing the project within the established timeframe. This is the only special
circumstance that was cited in the application.
Staff does not fmd that the reason cited above makes the required submission of a time
extension request impracticable and unreasonable. The economic conditions of the last
few years are not unique to this property or owner. The council should rely on further
explanation from the applicant to determine if there are other special circumstances
that affect this property in a manner that would make strict application of MCC12-3-
6A or B 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;
Staff finds that strict compliance with the requirements of this Title are not due to
unusual topography; adjacent development, or other physical conditions of the site.
Council shall determine if there are other conditions that make strict compliance with
this Title unreasonable, or that compliance with the Ordinance will inhibit the
achievements or objectives of this Title. One objective of Title 12 (Subdivision
Ordittance) is to ensure that plats are recorded in a consistent and reasonably
VAR-03-018
Olsen Bush II TE.var
Mayor and Council
Transmittal Date: November 5, 2003
Page 3
predictable timeframe and to follow the requirements of Idaho Code. It could be
argued that the Ciry has more assurance of this plat being recorded and the
development proceeding if this Variance is approved, especially since some of the
improvements have already been made. Even so, Staff cannot find that such a
variance would justify setting a new precedent for the City of Meridian by granting a
third time extension for a plat to record.
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 finds that the requested variance will not necessarily be detrimental or injurious
to the public's welfare or to the other properties in the area as long as current
ordinances are met at the time of building permit for all lots within the subdivision.
The City Council should rely upon any public testimony offered concerning whether
or not the surrounding property owners feel that the requested variance will affect
their properties.
D. That such variance will not violate the provisions of the Idaho Code.
Staff is unaware of provisions of Idaho Code that would be violated by the issuance
of the requested variance.
E. That such variance will not have the effect of altering the interest and purpose of
this Title and the Meridian Comprehensive Plan.
Staff finds that the issuance of a variance for this project will not directly alter the
interest and purpose of the Meridian City Subdivision Ordinance, which is intended to
ensure orderly development occurs within the established timeframe. The Applicant has
stated they intend to record the subdivision.
As noted in the Summary above, Staff does not believe the required findings can technically be met for
this Variance application. Therefore, we recommend denial of the request. That being said, since
January 2000, the City Council has approved ten (10) similaz applications for either the one-year final
plat submittal or the one-year recordation requirement. The difference between this application and
previous applications is that this would be the second variance approval for a time extension on the
same property; the other variances mentioned above were just single actions.
If the City Council denies the variance request, the Applicant will be required to re-submit the final
plat application. An approval will allow the Applicant to proceed with obtaining the required plat
signatures and begin making the required improvements. In his August 21, 2003 letter to Mayor Corrie
VAR-03-OIS
Olsen Bush B T'E.vaz
Mayor and Council
Transmittal Date: November 5, 2003
Page 4
and City Council, Mr. Bradley Miller requested the plat recording deadline be extended until June 1,
2004.
VAR-03-018
Olsen Bush lI TE.vu
Sharon Smith
From: Brad Miller [bmiller@vanauker.com]
Sent: Thursday, November 06, 2003 8:41 AM
To: Sharon Smith
Cc: vigilk@meridiancity.org
Subject: Fw: Emailing: IMGP0409.JPG
IMGP0409.JPG
Here-is_the photo of the Olsen Bush Industrial Subdivision No. 2 property
posting. Let me know-if_Lhere is anything else you need from me.
Thanks,
Brad Miller
----- Original Message -----
From: "Michael F Sprouffske" <mikes@vanauker.com>
To: "Bradley Miller" <bmiller@vanauker.com>
Sent: Wednesday, November O5, 2003 5:08 PM
Subject: F'W: Emailing: IMGP0409.JPG
> Brad
> Picture for Olson & Bush
> Mike
> -----Original Message-----
> From: njsprouffske [mailto:njsprouffske@earthlink.net]
> Sent: Wednesday, November O5, 2003 12:29 AM
> To: Michael Sprouffske
> Subject: Emailing: IMGP0409.JPG
> Your files are attached and ready to send with this message.
1
Page 1 of 1
file://C:\Documents%20and%205ettings\smiths. MERIDIANCI'TY~Local%20Settings\Tem... 11 /6/2003
CENTRAL
~~ DISTRICT
HEALTH
DEPARTMENT
Rezone #
Conditional Use #
Return to:
^ Boise
^ Eagle
^ Garden City
,,,~.Dderidian
^ Kuna
Preliminary /Final /Short Plat ^ ACZ
~~sa~ ~'" ~Z `r"'-~ !~ ~t^ Star 7~
~I /We have No Objections to this Proposal ± ~ `' C~~ ~~~ "`°
~~iV ~ 3 2003
^ 2. We recommend Denial of this Proposal.
City Of Meridian
^ 3. Specific knowledge as to the exact type of use must be provided before we can comment or~~lOffice
^ 4. We will require mare 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 bedrock from 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.
^ S. After written approval from appropriate entities are submitted, we can approve this proposal for:
^ central sewage ^ community sewage system ^ community 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 ^ community 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 if 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
^ beverage establishment ^ grocery store
^ 14. Please see attached stormwater management recommendatations
^ 15.
CENTRAL DISTRICT HEALTH DEPARTMENT
Environmental Health Division
^ child care center
Date: ~lo?~i I G~
Reviewed By: `r~~~ ~f
Review Sheet
coed aioo i~
MAYOR
Robert D. Cowie
CITY COUNCIL MEMBERS
Tammy de Weerd
William L. M. Nary
Cherie McCandless
Keith Bird
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~.~VleY1G~1~Y!~
ll IDAHO
LEGAL DEPARTMENT
(208) 46G-9272 • FAX 46G-4405
PARKS & RECREATION
(208) 888-3579 • Pax 893-5501
PUBLIC WORKS
(208) 898-ii00 • Fax 887-1297
BUILDING DEPARTMENT
(208) 887-2211 • Fax 887-1297
PLANNING & ZONING
(208) 884-5533 • Fax 888-6854
TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
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: November 5, 2003
Transmittal Date: October 24, 2003 Hearing Date: November 12, 2003
File No.: VAR 03-018
Request: Variance for aone-year Time Extension for recording of the Final Plat for
Olsen Bush Subdivision No. 2
By: R2 Development, Inc.
Location of Property or Project: west of North Eagle Road and north of East Franklin Road
David Zaremba, P/Z (NO vAR, vac, FPI
Jerry Centers, P/Z (NO VAR, VAC, FP)
Leslie Mathes, P/Z (NO VAR VAC, FP)
Michael Rohm, P2 (xovaR,vac,FP~
Keith Borup, P/Z (RO vary, vac, FP)
Robert Corrie, Mayor
Bill Nary, C(C
Tammy deWeerd, C/C
Keith Bird, CIC
~herie McCandless, C!C
ater Department
Sewer Department
Sanitary Service wovaR,vAC,FP~
Building Department
Fire Department
Police Department
city Attorney Your Concise
City Engineer
City Planner
Parks Department
Meridian School District (RO FPI
Meridian Post Office (FPmPwxyl
Ada County Highway District
Ada County Development Services
Central District Health
Nampa Meridian brig. District
Settlers Irrigation Distdct
Idaho Polder Cio. (FP/PP ONy~
U.S. West (FP/PP oMyI
Intermountain Gas (FP/PPO,Iry~
Bureau of Reclamation (FPmPOna~
Idaho Transportation Department M~FPi
Ada County rAZOr~ni
Ada County Assess. Land Records (FP/PP only)
Meridian Development Corporation
Preservation Commission
E~~Iv~D
RECEIVED ocr 2 ~ Zoo3
OC1 2 82003 CITY OF MERIDIAN
City ofMeridisn WASTEWATER DEPT.
C1ty Clerk Offioe
33 EAST IDAHO AVENUE • MERIDIAN, IDAHO 83642 • (208) 888-4433
City Clerk Office Fax (208) 888-4218 Human Resources Fax (208) 884-8723 Finance & Utility Billing Fax (208) 887-4813
•
~ LEGAL DEPARTMENT
4
MAYOR
Currie
Rober[ D -
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" (208) 4G6-9272 • FAX 46G-
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RECREATION
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_ - PARKS &
'~' `v` (208) 888-3579 • Fax 898-5501
CITY COUNCIL MEMBERS f?Y1~1~~ ~f v PUBLIC WORKS
Tammy de Weerd v IDAHO 1~ (z08) 898-5500 • Fax 887-1297
%
William L. M. Nary T BUILDING DEPARTMENT
Cherie McCandless / (208) 887-2211 • Fax 887-1297
Keith Bird • w " ~N I'eoa PLANNING &. ZONING
(208) 884-5533 • Fax 888-G854
TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
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: NOVemt)1
Transmittal Date: October 24, 2003
File No.: VAR 03-018
Request: Variance fora o
Olsen Bush Sut
By: R2 Developmen
Location of Property or Projed:
Inc.
west of North Eagle Road and north of East Franklin Road
DavidZaremba,P2 rxuvatvAC,FVJ
Jerry Centers, P2 mw vut via ~
Leslie Mathes, P2 mb vut vtq re
Michael Rohm, P2 rnwww, v,,c s~
Keith Borup, P/Z mo veR v.,c, ~
Robert Come, Mayor
BIII Nary, C/C
Tammy deWeerd, C/C
Ke' Bird, C/C
e McCandless, CIC
~~~~""7777 Water Department
Sewer Department
Sanitary Service wo vta, vtc wf
Building Department
Fire Department
Police Department
City Attorney Your
City Engineer
City Planner
Parks Department
Meridian School Distrtd n+o~v
Meridian Post Office ~«~
Ada County Highway Distrid
Ada County Development Services
Central Distrid Health
Nampa Meridian brig. Distrid
Settlers Irrigation Distrid
Idaho Power Co. rHavr«~yv
U.S. West (Fwrawoy)
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Bureau of Reclamation ~P«+~
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Ada County Assess. Land Records rFrmr«,rr)
Meridian Development Corporation
Remarks:
CEIVED
JCT ? ~ 2003
~}~±;r at iv~erla;al;
City Clerk Office
2003
Hearing Date: November 12, 2003
Extension for
2
of the Final Plat
33 EAST IDAHO AVEAIUE • MERIDIAN, IDAHO 83642 • (208) 888-4433
Ci[y Clerk Office Fax (208) 868-4218 Human Resources Fart (208) 884-8723 Finance & Utility Billing Fax (208) 887-4813
Robert D. Corrie
C[TY COUNCIL MEMBERS
Tammy de Weerd
William L. M. Nary
Cherie McCandless
Keith Bird
,~~
hL~. " ~~
~,Q ,~' CITY OP 1~~~~-
~.~Vl eY1G~1G~'YIV ''~
11 IDAHO
LEGAL DEPARTMENT
(208) 466-9272 • FAX 4GG-4405
PARKS & RECREATION
(208) 888-3579 • Fax 898-Si01
PUBLIC WORItS
(208) 898-5500 • Fax 887-1297
BUILDING DEPARTMENT
(208) 887-2211 • Fax 887-1297
PLANNING & ZONING
(208) 884-5533 • Fax 888-6854
TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
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:
November 5, 2003
Transmittal Date: October 24, 2003 Hearing Date: November 12, 2003
File No.: VAR 03-018
Request: Variance for aone-year Time Extension for recording of the Final Plat for
Subdivision No.
By: R2
Inc.
Location of Property or Project:
west of Notth Eagle Road and north of East Franklin Roatl
David Zaremba, P/Z Ma VAR, VAC, FPJ
Jerry Centers, P/Z Mo vaR, vAG FPJ
Leslie Mathes, P/Z (NO VAR, VAG FP)
Michael Rohm, P/Z (NO VAR, VAC, FPJ
Keith Borup, P/Z rRO vAR, vac FPJ
Robert Come, Mayor
Bill Nary, C/C
Tammy deWeerd, C/C
Keith Bird, G/C
Cherie McCandless, C/C
Water Department
Sewer Department
Sanitary Service (R~ vAR, vAG FPJ
Building Department
Fire Department
Police Department
City Attorney
City Engineer
dy Planner
Parks Department
Meridian School District (Nn FPJ
Meridian Post Office (FP~PP anrrJ
Ada County Highway District
Ada County Development Services
Central District Health
Nampa Meridian brig. District
Settlers Ircigation District
Idaho Power Co. rFgPPo~ni
U.S. West tFPmP axyJ
Intermountain Gas [FPrPP o~yJ
Bureau of Reclamation (FP/PP OMyJ
Idaho Transportation Department (NC FPJ
Ada County (az oNyJ
Ada County Assess. Land Records (FP/PP OntyJ
Meridian Development Corporation
Historical Preservation Commission
!aC? 3 t 2003
t=,i1;~ Uf1~7eridian
r'=fY t~ler~ Office
33 EAST IDAHO AVENUE • MERIDIAN, IDAHO 83642 • (208) 888-4433
City Clerk Office Fax (208) 888-4218 Human Resources Fax (208) 884-8723 Finance & Utility Billing Fax (208) 887-4813