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HomeMy WebLinkAboutHeartwood Sub VAR 03-020Interoffice MEMORANDUM To: William G. Berg Jr. JAIL j 6 2004 City Of Meridian. City Clerk Office From: Subject: Da~ec Wm. F. Nichols Heartwood Subdivision By: Pinnacle Engineers, Inc. / (VAR-03-020) January 15, 2004 Please find attached the original of the Findings of Fact and Conclusions of Law and Decision and Order Granting a Variance, pursuant to action of the Council at their January 13, 2004 meeting. The Findings will be on an upcoming Council agenda. Please serve conformed copies of the Findings upon the Applicant and the Planning and Zoning Department, Public Works and the City Attorney office, if Council approves the Findings. If you have any questions arise please advise. 1J Z:\Work1M\MeridianVvteridian 15360M~Heartwood Sub VAR-03A20\Berg VAR Ltr OI 15 04.doc BEFORE THE MERIDIAN CITY COUNCIL C/C 01/13/04 IN THE MATTER OF THE APPLICATION OF PINNACLE ENGINEERS, INC., FOR A VARIANCE FOR A TIME EXTENSION OF FINAL PLAT FOR HEARTWOOD SUBDIVISION, LOCATED ON THE NORTHWEST CORNER OF W. FRANKLIN ROAD AND N. 10TH STREET WEST, IN THE SW Y OF SECTION 12, T.3N., R.1W., MERIDIAN, IDAHO VAR-03-020 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 January 13, 2004, and Anna Powell Planning Director for the Planning and Zoning Department, and David McKinnon, 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-03-020 PINNACLE ENGINEERS, INC. /HEARTWOOD SUBDIVISION 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 Pinnacle Engineers, Inc. whose address is 12552 W. Executive Drive, Suite B., Boise, Idaho 83713. 4. The owner of record of the property is Heartwood, LLC -Ron Whitney, whose address is 960 Broadway St., Ste. 314, Boise, Idaho 83706. 5. The location of the subject property is presently located on the northwest corner of W. Franklin Road and N. l0a' Street West, in the SW '/< of Section 12, T.3N., R.1 W., Meridian, Idaho within a present I-L zone, Light Industrial District. 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 aze on file with the Meridian City Clerk's office located at 33 E. Idaho Street, Meridian. The present land use of subject property is presently zoned as I-L (Light Industrial District), and which subject property is presently vacant. 8. The proposed land use of subject property is to develop the subject property in the following manner: commercial/industrial. 9. That a Vicinity Map, which is on file with the Meridian City Clerk's office, with the proposed scale approved by the City Council showing property lines, existing streets, proposed district and such other items as required has been famished. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING AVARIANCE / VAR-03-020 PINNACLE ENGINEERS, INC. /HEARTWOOD SLTBDP/ISION PAGE 2 OF 9 10. The Applicant seeks a variance of the following provision of the Meridian City Code, § 12-3-8, APPROVAL OF FINAL PLAT, and in the C-G zone, which provides as follows: 12-3-8 APPROVAL OF FINAL PLAT: A. Time Limited: 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 of the final plat for a period not to exceed one yeaz 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 the Planning and Zoning Department. 12. The applicant is requesting to allow an additional time extension for the recordation of the Heartwood Subdivision. 13. The original Heartwood Subdivision Prelirninary/Final Plat consisted of two building lots on 4.04 acres and was approved by City Council on October 16, 2001. On November 12, 2002, as permitted by MCC 12-3-8.B., a one-year extension was approved for filing the final plat with the Ada County Recorder. That extension expired on November 12, 2003. The applicant is now filing for a variance to allow another time extension. 14. Applicant states that the delay in recording the final plat is that the owner has been unable to find a prospective tenant until now. If approved, this would be the second one-year time FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING AVARIANCE / VAR-03-020 PINNACLE ENGINEERS, INC. /HEARTWOOD SUBDIVISION PAGE 3 OF 9 extension granted to Heartwood Subdivision. 15. The applicant states that delays in finding a buyer for the land have prevented them from commencing the prof ect 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. 16. 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. 17. 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 issuance of building permits for all lots within the subdivision. 18. Staff is unaware of provisions of Idaho Code that would be violated bythe issuance of the requested variance. 19. 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 theyintend to record the subdivision. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING AVARIANCE / VAR-03-020 PINNACLE ENGINEERS, INC. /HEARTWOOD SUBDNISION PAGE 4 OF 9 21. The granting of the requested variance will not be detrimental to the Public's welfare or injurious to other property in the area of the proposed plat, and, in fact, the development of the plat in accordance with the conditions of approval and the requirements of the Subdivision Ordinance will prevent the conditions which are the source of the complaints raised in the public hearing of this matter. 22. The granting of this variance will not have an effect of altering the interest and purpose ofthe Subdivision or Development Ordinance and/or the City's Comprehensive Plan for the reasons stated above. 23. The applicant paid the fee established by the City Council for application variance. 24. The applicant shall be required to comply with the conditions and requirements of the Ada County Highway District listed in their letter dated December 22, 2003, and any other previous conditions from ACHD pertaining to the project area development. 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 Ciry Code § 11-18. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING AVARIANCE / VAR-03-020 PINNACLE ENGINEERS, INC. /HEARTWOOD SUBDIVISION PAGE 5 OF 9 3. That the requirements for the processing of a variance request aze 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 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 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 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. Meridian City Code, §12-3-8, APPROVAL OF FINAL PALT, and in the C-G zone, which provides as follows: 12-3-8 APPROVAL OF FINAL PLAT: A. Time Limited: 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING AVARIANCE / VAR-03-020 PINNACLE ENGINEERS, INC. /HEARTWOOD SUBDIVISION PAGE 6 OF 9 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. 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 for time extension of aone-year time frame until November 12, 2004, for submittal of the final plat for Heartwood Subdivision in the I-L zone. The applicant shall be required to comply with the conditions and requirements of the Ada County Highway District listed in their letter dated December 22, 2003, and any other previous condifions from ACHD pertaining to the project area development. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING AVARIANCE / VAR-03-020 PINNACLE ENGINEERS, INC. /HEARTWOOD SUBDIVISION PAGE 7 OF 9 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 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 Z / ~ day of ~~_, 2004. ROLL CALL: COUNCILMAN SHAUN WARDLE VOTED~Q-- COUNCILMAN BILL NARY VOTED COUNCILMAN CHARLIE ROUNTREE VOTED~a- COUNCILMAN KEITH BIRD VOTED~a- MAYOR TAMMY de WEERD VOTED -~ (TIE BREAKER) DATED: ~ Z7 O ~- MOTION: APPROVED: DISAPPROVED: E Mayor T e eer FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING AVARIANCE / VAR-03-020 PINNACLE ENGINEERS, INC. /HEARTWOOD SUBDIVISION PAGE 8 OF 9 Attest: William G. Berg, Jr., City ,,,°a~;~ of w'';"'',, 9y •rFa SEAL 7 r, 94,s~~r ~S1. "~~,to P`~ Copy served upon Applicant, the Planning and and the City Attorney office. City Clerk Public Works Department, t`„„u u u n nr~ :; V" ~T~O "`Y r~ Dated: ~ ~ Z ~~ ~ ¢ ` $EA~.e Z:\Work\Ivl\Meridian\Ivteridian 15360M~Hearlwood Sub VARA3-020\FtClsGrartVariance.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING AVARIANCE / VAR-03-020 PINNACLE ENGINEERS, INC. /HEARTWOOD SUBDIVISION PAGE 9 OF 9 9~ e7 ., ~ ,~r~; ,•~ti^•'