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HomeMy WebLinkAboutOlsen Bush No. 2 VAR 03-018Interoffice MEMORANDUM RECEIVED To: From: Subject: Date: William G. Berg, Jr. Wm. F._vichols Olsen Bush Subdivision No. 2 - By: R2 Development, Inc. / (VAR-03-018) November 14, 2003 Please find attached the original of the Findings of Fact and Conclusions of Law NOV 17 2003 City Of Meridian City Clerk Office and Decision and Order Granting a Variance, pursuant to action of the Council at their November 5, 2003 meeting. The Findings will be on an upcoming Council agenda. Please serve conformed copies of the Findings upon the Applicant and the Plaiming and Zoning Department, Public Works and the City Attorney office, if Council approves the Findings. If you have any questions arise please advise. Z.\1Vork\M\Mendiun\Meridfan 153 GOM\Olsen [3ush sub Na. 2 VAR 03 018\berg VAR Lu' I 1 14 03.dac BEFORE THE MERIDIAN CITY COUNCIL C/C 1]/12/03 IN THE MATTER OF THE APPLICATION OF R2 VAR-03-018 DEVELOPMENT, INC., FOR A VARIANCE FOR A ONE YEAR TIME EXTENSION FOR RECORDING OF THE FINAL PLAT IN THE OLSEN BUSH SUBDIVISION NO. 2, LOCATED AT THE WEST END OF E. LANARK STREET, APPROXIMATELY 800 FEET WEST OF EAGLE ROAD/SH 55, MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTLNG A VARIANCE The above entitled matter coming on regularly for public hearing before the City Counci I on November 12, 2003, and Brad Hawkins-Clark Planner III for the Planning and Zoning Department, and Brad Miller, appeared and testified, and the City Council having received the transmittal to agencies and having received Che 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 cm-rent 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-03-018 R2 DEVELOPMENT, INC. / OLSEN BUSH SUBDIVISION NO. 2 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 R2 Development, Inc., whose address is 3084 East Lanark, Meridian, Idaho 83642. 4. The owner of the property is same as the Applicant. 5. The location of the subject property is presently located at the west end of E. Lanark Street, approximately 800 feet wesC ofEagle Road/SH 5, Meridian, Idaho within a present L-L (Light Industrial) 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 I-L (Light Industrial), and which subject property is presently pasture. 8. The proposed land use of subject property is to develop the subject property in the following manner: as a light industrial 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. 10. The Applicant seeks a variance of the following provision of the Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING AVARIANCE / VAR-03-018 R2 DEVELOPMENT, INC. / OLSEN BUSH SUBDNISION NO. 2 PAGE 2 OF 9 City Code, §12-3-8, APPROVAL OF FINAL PLAT, and in the I-L zone, which provides as follows: 12-3-8 APPROVAL OF FINAL PLAT: A. Time Limit: Final plat shall be filed with the County Recorder within one year after written approval by the Council; otherwise, such approval. shall become null and void, unless prior to said expiration date an extension of time is applied for by the applicant and granted by the Council. The Council may authorize an extension ofthe final plat for a period not to exceed one year from the end of the original one year period. B. Request For Extension: Any request for an extension must be filed with the Zoning Administrator prior to the lapse of the original one year and must be in writing. 11. 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 t9ie Planning and Zoning Department. 12. The applicant, R2 Development, Inc., is requesting a variance from 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. 13. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW" AND -- ORDER OF DECISION GRANTING A VARIANCE !VAR-03-018 R2 DEVELOPMENT, INC. / OLSEN BUSH SUBDIVISION NO. 2 PAGE 3 OF 9 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. 14. 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 ftling the final plat with the Ada County Recorder. 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. 15. 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 Councilor as set by the ordinance. If the deadline is not met, City Council approval of the plat technically becomes null and 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. 16. The Applicant states that "poor economic conditions" has prevented them from FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDF,R OF DECISION GRANTING AVARIANCE / VAR-03-O1E R2 DEVELOPMENT, INC. / OLSEN BUSH SUBDIVISION N0. 2 PAGE 4 OF 9 commencing the project within the established timeframe. This is the only special circumstance that was cited in the application. It is not found 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. Further explanation. from the applicant should be used to determine if there are other special circumstances that affect this property in a manner Chat would make strict application of MCC12-3-6A or B unreasonable. 17. It is found that strict compliance with the requirements of this Title are not due to unusual topography, adjacent development, or other physical conditions of the site. One objective o,f Title 12 (Subdivision Ordinance) is to ensure that plats are recorded in a consistent and reasonably predictable timeframe and to follow the requirements of Idaho Code. It could be argued that the City 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, it cannot found 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. 18. It is found 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. 19. The provisions of Idaho Code would not be violated by the issuance of the requested variance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING AVARIANCE / VAR-03-018 R2 DEVELOPMENT, INC. / OLSEN BUSH SUBDNISION N0.2 PAGE 5 OF 9 20. It is found 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. 21. The applicant paid the fee established by the City Council for a variance application. 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 § 11-18-2, and Che findings which are required are set forth in Meridian City Cade § 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 clearlybe impracticable FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARI.INCE !VAR-03-O1b R2 DEVELOPMENT, INC. / OLSEN BUSH SUBDNIS[ON NO. 2 PAGE 6 OF 9 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 thaC 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 Coozpreheusive Plan. Meridian City Code, § 12-3-8, APPROVAL OF FINAL PLAT, and in the 1-L zone provides as follows: 12-3-8 APPROVAL OF FINAL PLAT: A. Time Limit: Final plat shall be filed with the County Recorder within one year after written approval by the Council; otherwise, such approval shall become null and void, unless prior to said expiration date an extension of time is applied for by the applicant and granted by the Council. The Council may aufl7orize an extension ofthe final plat for a period not to exceed one year from the end of the original one year period. B. Request For Extension: Any request for an extension tnust be ,filed with the Zoning Administrator prior to the lapse of the original one year and must be in writing. 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: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING AVARIANCE / VAR-03-018 R2 DEVELOPMENT, INC. / OLSEN BUSH SUBDIVISION NO. 2 PAGE 7 OF 9 1. That the Applicant is hereby granted a variance for a time extension for a one year time frame until June 1, 2004, for submittal ofthe final plat for Olsen Bush Subdivision No. 2 in the I-L zone. 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 Cler]< not more than twenty-eight (28) days after the final decision concen,ling 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 § 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 Code. By action of the City Council at its regular meeting held on the day of ROLL CALL: 2003. COUNCILMAN KEITH BIRD VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING AVARIANCE / VAR-03-018 R2 DEVELOPMENT, INC. / OLSEN BUSH SUBDIVISION N0.2 PAGE 8 OF 9 COUNCILWOMAN TAMMY deWEERD VOTED COUNCILWOMAN CHERIE NIcCANDLESS VOTED COUNCILMAN WM. L. M. NARY VOTED MAYOR ROBERT D. CORRIE VOTED (TIE BREAKER) DATED: MOTION: APPROVED: DISAPPROVED: Attest: William G. Berg, Jr., City Clerk Mayor Robert D. Con ie Copy served upon Applicant, the Planning and Zoning Department, Public Works Deparhneut, and the City Attorney office. By: City Clerk Dated: Z.~WorldM\MeridianAMeridian 15760MVOlsen hush Sub No. 2 VAR 03 018\FfClsGran[Varinnce.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING AVARIANCE / VAR-03-018 R2 DEVELOPMENT, INC. / OLSEN BUSH SUBDIVISION NO. 2 PAGE 9 OF 9