HomeMy WebLinkAbout1/3 Letter from Van Auker (2)VAN AUKER PROPERTIES
3084 East Lanark
Meridian, ID 83642
December 19, 2007
City of Meridian Planning and Zoning Commission
33 E. Idaho Street
Meridian, ID 83642
Re: RZ 07-019 and CUP 07-019 -Rockin KB Saloon
Dear Members of the Planning and Zoning Commission:
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(Revised and Corrected 12121/07)
This letter is in regard to Application RZ 07-019 and CUP 07-019 which propose the rezoning of
2.20 acres from IL to CG and also propose that a Conditional Use Permit be granted for the
Rockin KB Saloon.
We are the owners of the vacant land and three residences to the south of the subject property
and our business offices are located across E. Lanark to the north of the proposed Saloon. We
have reviewed application RZ 07-019 and CUP 07-019 from Patrick McKeegan. We support the
rezone from IL to CG, but oppose the granting of a Conditional Use Permit for the saloon.
Our support of the rezone from CG to IL is conditioned on the following.
1. Development Agreement. Applicant should enter into a Development
Agreement with the City of Meridian. The rezone of the property to the north
(RZ-06-010) required a Development Agreement and the current application
should as well.
2. Landscaping. The rezone should require that the 35' Eagle Road buffer be
landscaped. We understand the letter from ITD, but there are ways this 35'
buffer can be landscaped which would require minimal maintenance and
would minimize the weeds. Eagle Road is the entrance corridor to the City of
Meridian and should be properly landscaped.
We have discussed the proposed saloon with the other property owners and business owners
along East Lanark and all are generally opposed to granting a Conditional Use Permit for a
saloon.
East Lanark Street consists of 22 lots. 20 of the lots are currently zoned IL with two lots on the
north side of the road having been rezoned to CG less than one year ago. The 5 acre parcel of
land contiguous to the south of the proposed saloon is also zoned IL.
Our opposition to the saloon centers on three main issues.
1. Compatibility. The Olsen Bush Subdivision of which these lots
are a part is an industrial subdivision. Chapter VII, Goal IV of the
Comprehensive Plan seeks to encourage compatible. uses to minimize
conflicts and maximize use of land. If saloons were compatible with
industrial zoning, saloons would be permitted in industrial zones. Saloons
are not permitted in industrial zones.
Page Two
City of Meridian Planning and Zoning Commission
December 19, 2007
Many over-the-road trucks access East Lanark to service the industrial
businesses. It is not unusual for large trucks to be parked on the street as
large equipment is loaded and unloaded. A notable example of this is the
large scale HVAC business operated by YMC. Large air handling equipment
is loaded and unloaded onto flatbed trucks which are parked on the road and
block traffic at certain times of the day and night. It would be a severe
impediment to the industrial businesses on East Lanark to be forced to deal
with increased automobile traffic from a saloon. This problem would be
further exacerbated if there is not sufficient on-site parking for the saloon and
patrons park on the street. Contrary to what is stated in the application,
commerce on East Lanark does not cease at 5:OOpm.
2. Traffic -Ingress and Egress to Eagle Road. East Lanark has only one
designated point of ingress and egress from Eagle Road. There are no
dedicated outlet roads except for the non-signalized intersection at Eagle
Road. This intersection is currently full-access and anything other than a
right turn in and out of E. Lanark and Eagle Road is dangerous. The ACRD
web site states that the traffic counts as of 9/14/05 (over 2 years ago) at
Eagle Road, north of Franklin Road were 51,999 per day. If you were to
inquire at the Meridian Police Department you would be told that traffic
accidents at Eagle Road and E. Lanark average more that one per month. A
saloon on East Lanark will undoubtedly increase the occurrence of accidents.
3. Parking. There are three problems with the parking for the proposed Saloon.
a. The entire north boundary of the Subject Property is encumbered by
a 55' easement for the benefit of the parcel to the south of the
Subject Property and must remain unobstructed. See the attached
surveys and recorded easement. The most recent survey mislabels
the 55' easement as a "Construction Easement". Ronald W. Van
Auker as the owner of the property to the south is a successor
beneficiary to the 55' easement which will be used for emergency
access when the 5 acre parcel is developed.
b. If the 55' easement area is prohibited from being used as parking,
the Subject Property will lose 8 parking spaces and will not meet the
16 space requirement and will have to rely on the adjoining parcel to
meet the minimum requirement.
c. The proposed 69 parking spaces will not be sufficient for a bar with a
seating capacity of 243. If the saloon becomes popular, there will be
parking problems for the adjoining neighbors. On-street parking is
not desirable to the businesses on East Lanark. Overflow parking on
the street would create the potential of restricting or impeding the
industrial truck traffic which is essential to the industrial businesses
on E. Lanark.
We ask that the City of Meridian deny the Conditional Use Application for the Rockin KB Saloon.
In the event that it is decided that a saloon at this location is desirable for the City of Meridian, we
would suggest that the following conditions be included in the Conditional Use Permit.
Page Three
City of Meridian Planning and Zoning Commission
December 19, 2007
1. Hours of Operation. Monday -Saturday, S:OOpm - 2:OOam. Closed Sunday.
These are the hours of operation stated in the application by the applicant
and should be strictly enforced.
2. Parking. Restrict parking to on-site only. A proposed seating capacity of 243
and only 16 required spaces does not seem sufficient. The applicant is
proposing 69 spaces which equals 100% of the parking spaces on the
Subject Property and 100% of the parking spaces on the adjoining property.
If the hours of operation are not restricted, there will be parking conflicts
between the tenants in the two buildings which will also create potential
conflicts for adjoining properties, ie. on-street parking and increased traffic as
addressed above.
As adjoining property owners, we do not want excess parking to spill over
onto the street and onto our properties and ask that the CUP be subject to
revocation in the event that adjoining parcels are impacted by the lack of
parking on the Subject Property.
We have been confronted with similar parking problems before in the City of
Meridian. The new sports bar on Overland Road, Rudy's, does not have
sufficient parking and the employees and patrons used our adjoining property
for overflow parking. We were forced to install fencing at a cost of over
$10,000.00 in order to preserve the integrity of our property. A drive by
Rudy's will illustrate the problem and our expensive fencing solution. You
will find an even worse problem at Cowgirl's Saloon in Kuna. The lack of
parking at Cowgirl's Saloon has created an enormous problem for the City of
Kuna and adjoining property owners. Please do not underestimate the
potential parking problem.
Again we feel that a saloon is not an appropriate use for this property or this neighborhood and
ask that the CUP be denied. Thank you for your consideration.
Sincer I ,
Bradley E. M Iler
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~~ 8830999
EASEMENT
Project No_ F-FR-3271(44]
Parcel 18-E-1
Key No_ 3250
oloss~o.3J
KNOW ALL MEN BY THESE PRESENTS, That WALTER T. SIGMONT JR. & RUTH
A. SIGMONT, husband and wife, Grantors, for and in consideration of One
and No One Hundredths Dollars (S1.00), and other good and valuable
consideration, the receipt whereof is hereby acknowledged, do hereby
grant unto the STATE OF IDAHO, by and through the IDAHO TRANSPORTATION
BOARD for the DIVISION OF HIGHWAYS, Grantee, 3312-West State Street,
Boise, Idaho 83703, and its successors and assigns, the right to go
upon, occupy, and use a portion of Lot 1 of Block 2 of Olson and Bvsh
Industrial Park according to the Official Plat thereof filed in Book 44
of Plats =_t pages 3581 and 3582, records of Ada County, Idaho,
described as follows, to-wit:
A'st~ip of land S5.0 feet wide the Easterly side of which is `
coincident with Westerly right of way boundary of Eagle,
Project No. F-FFt-3271(94), Highway Survey, as shown on the
plans thereof now on file in the office of the Idaho Trans-
portation Department, Dig=ision of Highways, and as described
i.n that certain Warranty Deed to the State of Idaho executed
by the Grantors herein, on the ~~!~ day of ~M ,
19~, and lying between the South and North lirSes of Lot 1
of Slock 2 of said Olson and Hush Industrial Park,
FOR THE PURPOSE OF COI¢STRUCTING OR SNSTALLING THEREON an approach
by the Idaho Transportation Department, Division of Highways, or its
agents or contractors.
THE AFORESAID PACIL?TY sha31 remain in place as constructed or
,.~
installed for its intended purpose and shall no~: be removed or relo-
Gated by the Grantors, heir heirs or assigns, without the prior
approval of the Idaho Transportation Department, Division of Highways,
or its assigns.
01055^0155
EASEMENT
Project~Ivo. F-FR-3271(44)
Parcel 28-E-1
Key :~o. 3250
THE ZDAHO TRANSPORTATION DEPARTMENT, Division of Highways, its
agents or transferees, shall have the right to perform any maintenance.
they may deem necessary or wish to exercl.se in connection with the
aforesaid facility (including but not restricted thereto, the right to
make necessary repairs, alterations, removals or replacements thereof),
together with the right and privilege of ingress and egrESS to and £rom
said property for said purposes_
ZT ZS EXPRESSLY INTENDED Thaw these burdens and restrictions shall
run with the land and shall forever bind the Grantors, their heirs or
assigns.
IN WITNESS WHEREOF', we have hereunto set our hands and seals this .,~
ZGT'`f day 'of Mdy 19S~R
ALTER T. SI ONT
Rt7TH A. SIGMONT
01055~'U556
EASEMENT
Project~No. F-FR-3271(44)
Parcel 18-E-1
Key No. 3250
STATE OF ~!/0~/7 0 )
ss.
County of ~9t~y )
On this 26?'''' day of /~~ 1988 before me, the
undersigned, a Notary Public in nd for said State, personally appeared
WALTER T. SlGrtoNT JR. & RUTH A. SIGASOI:T, husband and wife, known to me
to be the persons whose names are subscribed to the foregoing instru-
ment, and acknowledged to me that they executed the same.
IN WITNESS WHEREOr', I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
pv~~ *4-1 .• J~
-~ '~ .
-• a ~ .-
~~ - 4~'
. ~. =_ - ',
. ~~
W. taN--~ .
Notary Public -for _ o%ho __
Residing at t~aisc- ~
My commission e~:p ra. es Z~ 9L
Ada County. Idaho, ~s
Rt!aucst of
STEIYART TITLE
71M.f ~i S 14
Df~TE ~ ~ ~S~
JO-f~v t;1S+IJ~
P/EC D"cR
8y -1-~•.
Ocputy/
+
;~ ~
..G
QUITCLAIM DEED r
17690U~,USB ~'
Project No. F-FR-3271(44)
Key No. C3250
Parcel No. 18-E-1, Id. No. 0031894
THIS INDE.~iTLTRE between the STATE OF IDAHO, IDAHO TRANSPORTATION
DEPARTMENT, acting by and through the IDAHO TRANSPORTATION BOARD, Grantor, ~~
and GLENN E. GREEN AND MAYME E. GREEN, husband .snd wife, 3070 i;. Franklin
Road, Meridian, Idaho 83642, Grantees.
WITNESSETH:
That the Grantor, for value received, does by these presents remise,
release, convey and forever QUITCLAIM, unto the Grantee all right, title
and interest of the Grantor in and to the 55.0 oot wide strip of land
described in that certain Easement dated May 26, 1988, and recorded June
27, 1988 as Instrument No. 8830999, records of Ada County, Idaho, said e
Strip of land is in a portion of Lot 1 of Block 2 of Olson and Buah d
Industrial Park, according to the Official Plat thereof filed in Book 44 of
Plats at pages 3581 and 3582, records of said Ada County.
THE IDAHO TRANSPORTATION DEPARTMENT reserves unto itself, its
successors and a&signs a permanent.eaeement to go upon, occupy and use a
portion of Lot 1 of Block 2 of Olson and Bueh Industrial Park according to
the Official Plat thereof filed in Book 44 of Plats, at pages 3581 and
3582, records of said County, and being a strip of land 10.0 feet wide the
Easterly side of which is coincident with the Westerly right of way
boundary of State Highway No. 55 (Eagle Road), Project No. F-FR-3271(44)
Highway Survey and lying between the South and North lines of said Lot 1
Page 1
RECORD AT THE REQIIEST OF THE STATE OP IDAHO
FEE EXEMPT - S.C. 67-23D1.
QUITCLAIM DEED ~~69~UIQ j'7'
PxojeCt No. F-FR-32?1144)
Key No. C3250.
Parcel No. 18-E-1, Id. No. 0031894
for the purpose of constructing and thereafter maintaining thereon an
irrigation ditch and facilities together with the right and privilege of
ingress and egress to and from said property for said purpose.
TOGETHER 'with appurtenances.
IN WITNESS WHEREOF, The Grantor has hereunto executed these presents
on the ~ day of .,~ 1994.
STATE OF IDAHO, Acting by and through
tae Idaho Transportation Board
By: /~ G
G. K. EN, State Hwy. Administrator
Idaho Transportation Department
STATE OF -~(zp ~
) 9s.
County of ~ ~
On this ~ day of , 1994, before me, the
undersigned, a Notary public .nand for said State, personally appeared
G. K. GREEN, known to me to be the State H~.ghway Administrator for the
State of Idaho, Idaho Transportation Department, by~and tFirough the Idaho
Transportation Board, and acknowledged to me that said State of Idaho and
said Idaho Transportation Board executed the same.
isEAi,)
i 1 s, •~.,, i~ ° ,..
r.! ~..~;
/ oL-..__
Notary 1 c for
Residing in "~---
My commission expires /
9`~07`}96I
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