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HomeMy WebLinkAboutLetter from Van AukerVAN AUKER PROPERTIES 3084 East Lanark Meridian., ID 83642 December 19, 2007 RECEL~IEI? DEC ~ ~ 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: City O£Mferidian City Clerk Office 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 o ose 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 encoura a 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 ACHD 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 north 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 north 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, 5:OOpm - 2:OOam. Closed Sunday. These are the hours of operation stated in the application by the applicant and should be strictly enforced. 2. Parkins. 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 baron 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 presence 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. 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SIGMONT JR_ & RUTH A_ SIGIKONT, 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, 3322 West State Street, Boise, Idaho 83703, and its successors and assigns, the right to go upan, occupy. and use a portion of Lot 1 of Block 2 of Olson and Bush 2ndustrial Park according to the Official Plat thereof filed in Book 44 of Plats =-_t pages 3581 and 3582, records o= Ada County, Idaho, described as follows, to-wit: A'strip of land 55.0 feet wide the Easterly Side of which is coincident with Westerly right of way boundary of Eagle, Pro3ect No. F-FIt-3271(44), Highway Survey, as shown on the plans thereof now on file in the office of the Idaho Trans- portation Department, Division of Highways, and as described in that certain Warranty Deed to the State of Idaho executed by the Grantors herein, on the ~TN day of ~/~ , 19~, and lying between the South and North lirSes of Lot 1 of Slock 2 of said Olson and Bush Industrial Park, FOR THE PURPOSE OF CONSTRUCTING OR INSTALLING THEREON an approach by the Idaho T=ansportation Department, Division of Highways, or its agents or contractors. THE AFORESAID =AGILITY shill -emain in place as constructed or ~ °o installed for its intended purpose and shall no~: be removEd or relo- Gated by the Grantors, the;r heirs or assigns, without the prior approval of the Idaho Transportation Department, Division of Highways, or its assigns. 010550 }55 EASEMENT Project~Ivo. F-FR-3271(44) Pazcel 28-E-1 Key :~o. 3250 THE IDAHO TRANSPORTATION DEPARTMENT, Division of Nirhways, its agents or transferees, shall have the right to perform any maintenance. they may deem necessary or wish to exercise 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 from said property for said purposes. IT IS EXPRESSLY INTENDED That these buzdens 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 ZG?'`'r day of __ o~y 198 !~ _ ALTER T. SI ONT Rti1TH A. SIGMONT ozoss~o~ss EASEMENT' Project No. F-FR-3271(44) Parcel 18'E-1 Key No. 3250 STATE OF 1r/d`jo ) ss. CoLnty of ~~ ) Qn this 26?~ day of /~i~ 19~ , before me, the undersigned, a i`otary Public in nd for said State, personally appeared WALTER T. ~IGA]ONT JR. & RUTH A. SIGA]O?: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 WNEREOr', S have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. V •t.~, . n ~ .,, 1, ~ a _~ ._ '-, = _ ,~ ~ l v _ ~•' _ - i ~: , Gv. s~_ notary Public .for /~ Residing at ~a~,ss -- to My commission a}:p ra. es Z~ 9L J1da County, Idaho, ~5 Reaues: o; STE~YART TITLE T]ka: Sf: ~S ,u DhTE /,..r~ ~S~' JONA t:AS+lO1~ rPFC DcR Sy ~ ~- Doauty/ ( ~ + 1 ~l ..G QUITCLAIM DEED r 17690U~.USB -' Project No. F-FR-3271(44) Rey No. C3250 Parcel No. 18-E-1, Id. No. 0031894 THIS INDE.~T't'URE 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 .and 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 a31 right, title and interest of the Grantor in and to the S5.0 oot wide strip of land described in that certain Easement dated May 26, 1988, and recorded June 27, 1988 ae Instrument No. 8830999, records of Ada County, Idaho, said strip of land is in a portion of Lot 1 of Block 2 of Olson and Bush 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 assigns a permanent easement to go upon., occupy and use a portion of Lot 1 of Block 2 of Olson and Bush 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 REQUEST OF THE STATE OF IDAHO FEE EXEMPT - I.C. 67-230]. 0 QUITCLAIM DEED 1'~69t~U1057 Project No. F-FR-3271(44) Key No. C3250. Parcel No. 18-E-1, Id. No. 0031894 far 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 ~ ~i ~~ _ G. K. GREEN, State Hwy. Admin~.strator Idaho Transportation Department STATE OF _~sfz2_ ) Bs. county of ~~ ) On this 1 day of , 1994, before me, the undersigned, a Notary Public nand for said State, persanal.ly appeared (3.,R. GREEN, known to me to be the state Highway AdminiBtrator fox the State of Idaho, Idaho Transportation Department, by 'and through the Idaho Transportation Board, and acknowledged to me that said State of Idaho and said Idaho Transportation Board executed the same. csEAL) ....I~..r......• -i .AJi.. ,.,. c ~ ~ ' '~° 7 t~ `a, . 1 -•~ .. Notary 1 c for '~ ~ Residing in ~~~ My commission expires / 9`~0?`~96,1 - . -. ;rid' 4 ~ •~~' - ~ .'.~'.= : C. r? E:G ~ G E R . _ •.~ BOi E 1~? Page 2 ' 9't G~ ~- 9 1 RECORD AT THE REQUEST OF THE STATE OF O FEE EXEMPT - I.~ 67-2301.;~ ' AECOAUcO i ,.:~ d'c~ ESZ OF ~~ ~~