Loading...
HomeMy WebLinkAbout12/4 Memo from Planning~E IDR IAN*-- IDAHO November 19, 2007 MEMORANDUM Mayor Tamrny de Weerd City Council Members: Keith Bird Joe Borton Charles Rountree David Zaremba ~ ~~~ ~~ . ~_, . , L_ f I~~CEIV~~ NOV 2 0 2007 City Of Meridian City Clerk Office TO FROM: RE: Mayor & City Council Sonya Watters, Associate City Planner Emerson Park -Request for Reconsideration of Council Decision I have researched the minutes from the City Council hearing on July 6, 2004 for the Mussell Corner project and found the following: The Applicant's Representative, Dave McKinnon, stated that they would like to keep the access point to State Highway 69/Meridian Road open at the northern boundary of the site temporarily until such time as this area redevelops and access can be provided internally. At that time, they would close down that access point. The Development Agreement for this site approved in 2004 with the annexation for Mussell Corner states that, "The Applicant shall be allowed to use as a temporary access onto SH 69, which is located at the far northern portion of the proposed project, until such area redevelops." Per UDC 11-3H-4.B.2, connections to a state highway are only allowed at section line roads and the half mile mark between section line roads. Although temporary access to SH 69 was allowed until such time as the site redevelops, approval of a permanent access point to the highway was never granted and would require approval of a Variance. Because the driveway access is not allowed by the UDC, it is deemed a non- conforming use. As anon-conforming use, the use may continue as long as the use remains lawful and is not expanded or extended, per UDC 11-1B-4. With development of the first phase of Emerson Park, the use will be expanded. Thus, the.use shall not be allowed to continue~without specific approval of a Variance. Page 2 Preliminary Plat (PP-07-014) Condition of Approval #1.1.12 for Emerson Park states, "The access driveway at the north end of this site to Meridian Road that is currently being used for loading for Victory Greens shall be removed and the use discontinued prior to signature on the final plat." Per the letter submitted to the City by Richard Andrus of Spink Butler, dated October 31, 2007, the Applicant believed that this access would be allowed to remain open until the portion of the property including the access develops. With each application, Staff has vigorously advocated that the access be discontinued. We maintain that the condition to allow the temporary access was intended to terminate upon the first subsequent development application on this site. The Applicant's own testimony states "until such time as this area redevelops and access can be provided internally." The first phase of Emerson Park will provide public street access to the landscaping business. There is no need to continue the direct access to SH 69/ Meridian Road. Our concern is that each "temporary" approval of the access point is a lost opportunity to have that access closed. If Emerson Park only develops one phase, we will have missed our opportunity to improve the safety of the traveling public on Meridian Road. Therefore, because of 1) the statement made by the Applicant at the hearing on July 6, 2004, 2) the existing Development Agreement provision that states that the subject access point shall be allowed until such time as the property redevelops and there is internal access to the site, and 3) the use is being expanded and the nonconforming use is not allowed to continue, Staff recommends that Condition of Approval #1.1.12 be upheld. Staff further recommends that the condition be modified to clarify that the use of the access point shall be discontinued prior to signature on the final plat of the first phase of the devel~ment.