HomeMy WebLinkAboutStaff ReportCITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF MAY 20, 2008
STAFF REPORT Hearing Date: May 20, 2008
(Continued from May 6, 2008)
TO: Mayor & City Council ~
FROM: Sonya Watters, Associate City Planner ~~`-~ ~~
(208) 884-5533 MAY 15 2008
SUBJECT: Great Wall Restaurant Gity OfMeric~an
• vAR-08-004 City Clerk Offic~
Request for a variance from UDC 11-3H-4B.2.a, which prohibits new
approaches directly accessing a state highway, to allow a temporary access to
SH 55/Eagle Road for the Great Wall Restaurant, by Kinsan Chan.
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Kinsan Chan, is requesting approval of a variance to UDC 11-3H-4B.2.a, which
prohibits new approaches directly accessing a state highway, to allow a temporary access to SH
55/Eagle Road for the Great Wall Restaurant. At such time as adjacent properties aze developed and
access can be provided from the south via the extension of E. River Valley Street at the half mile or
from the north across the South Slough, the temporary access is proposed to end. The site is located at
2590 N. Eagle Road, on the east side of N. Eagle Road, approximately 2,000 feet south of the
UsticklEagle intersection.
2. SUMMARY RECOMMENDATION
Staff finds that the request for temporary access to a state highway does not meet the findings criteria
required in the UDC in order for the City Council to grant a variance (see E~chibit C for the required
variance findings). Therefore, Staff is recommending denial of the subject Variance (VAR-08-
004) application for the reasons stated herein.
3. PROPOSED MOTIONS
Denial
After considering all staff, applicant, and public testimony, I move to deny File Number VAR-08-004
as presented in the staff report for the hearing date of May 20, 2008, for the following reasons: (you
should state specific reasons for denial.)
Continuance
After considering all staff, applicant and public testimony, I move to continue File Number VAR-
08-004 to the hearing date of (date certain) for the following reason(s): (you should state specific
reason(s) for continuance.) OPTIONAL: I further move to direct Staff to prepare Findings and
Conditions of approval for this project, to be considered at the (date certain) public hearing.
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
2590 N. Eagle Road (Parcel #Sl 104233802)
NW % of Section 4, Township 3 North, Range 1 East
b. Owner:
Kinsan Chan
Great Wall Restaurant VAR PAGE 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF MAY 20, 2008
2064 S. Doe Creek
Boise, ID 83709
c. Applicant:
Same as owner
d. Representative: Mike Fairchild, Architect
e. Present Zoning: C-G; the property was annexed in 2004 (AZ-03-021, Ordinance #04-1103,
Development Agreement Instrument #104129529) as part of the Redfeather Estates No. 2
annexation application. There was no concept plan approved with that application.
£ Present Comprehensive Plan Designation: Mixed Use - Regional
g. Description of Applicant's Request: The applicant is requesting approval of a variance to UDC
11-3H-4B.2.a, which prohibits new approaches directly accessing a state highway, to allow a
temporary access to SH 55/Eagle Road for the Great Wall Restaurant.
h. Applicant's StatementlJustification: "This access is required to allow the owner to use his
property. Without this temporary access, Great Wall cannot start development of this property.
When surrounding properties are developed, this temporary access will be deleted and access will
be as developed for surrounding properties." See Applicant's narrative for more information.
5. PROCESS FACTS
a. The subject application will in fact constitute a Variance as determined by City Ordinance. By
reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is
required before the City Council on this matter.
b. Newspaper notifications published on: April 14, 2008 and Apri128, 2008
c. Radius notices mailed to properties within 300 feet on: April 11, 2008
d. Applicant posted notice on site by: May 9, 2008
6. LAND USE
a. Existing Land Use(s): The property is currently vacant and contains the remnants of an old
residence; the property is currently zoned C-G.
b. Description of Character of Surrounding Area: The surrounding area consists of commercial
property in the development process, offices, residences, and vacant property.
c. Adjacent Land Use and Zoning:
1. North: Single-family residence, zoned C-G and the South Slough
2. West: Single-family residences, zoned R1 (Ada County) and R-2, and office uses, zoned L-O
3. South: Vacant land, zoned RUT
4. East: Vacant land, zoned RUT (Ada County) and C-G
d. History of Previous Actions: NA
7.UNIFIED DEVELOPMENT CODE
The following UDC section is pertinent to this application:
• UDC 11-3H-4B: Access to State Highway 69, State Highway 55, and State Highway 20-26:
Great Wall Restaurant VAR PAGE 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF MAY 20, 2008
1. Use of existing approaches shall be allowed to continue provided that all of the following
conditions are met:
a. The ~isting use is lawful and properly pernvtted effective September 15, 2005. There is no
existing use on the property; the property was previously residential property, however, the
residence has been torn down and the property has been zoned commercially (C-G).
b. The nature of the use does not change (for example a residential use to a commercial
use). The applicant is proposing to change the previous use of this site from
residential to commercial.
c. The intensity of the use does not increase (for example an increase in the number of
residential dwelling units or an increase in the square footage of commercial space).
The intenstty of the use on the site will increase significantly from residential to
commercial property with a restaurant.
2. If an applicant proposes a change or increase in intensity of use, the owner shall develop
or otherwise acquire access to a street other than the state highway. The use of the
existing approach shall cease and the approach shall be abandoned and removed.
a. No new approaches directly accessing a state highway shall be allowed.
Because a new and higher intense use of the property is proposed, the use of the
existing approach shall cease and the approach shall be removed.
b. Public street connections to the state highway shall only be allowed at:
i. The section line road; and
Public street section line connections to SH SS exist at E. Fairview Avenue and
E. Ustick Road.
ii. The half-mile mark between section line roads. These half-mile connecting
streets shall be collector roads.
East River Yalley Street, currently classified as a local road, exists south of this
site on the west side of SH SS at the half-mile mark between section line roads.
East River Yalley Street will be extended on the east side of SH SS with
development of the properties to the south. At that time, the street classification
will change from a local to a collector street. Eventually this site will take access
via a frontage road or shared commercial access aisles from E. River Valley
Street but until that time, the applicant is requesting approval of a temporary
access to SH SS.
8. ANALYSIS
a. Analysis Leading to Staff Recommendation
Staff has provided analysis below regarding the proposed application.
VARIANCE APPLICATION:
The applicant is requesting a variance from 11-3H-4B, which prohibits direct access to a state
highway, to allow for a temporary access to SH 55/Eagle Road for the Great Wall restaurant.
At such time as access can be provided to the site, either from the south via a frontage road
from the extension of E. River Valley Street, or from the north across the South Slough, use
of the access would cease.
This property was previously residential in nature but the house has since been torn down and
the property has been zoned commercially (C-G). The site was previously accessed from SH
55/Eagle Road. However, per UDC 11-3H-4B, when the nature of the use changes, the
Great Wall Restaurant VAR PAGE 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF MAY 20, 2008
existing approaches shall be discontinued. Because the use of the site has changed from
residential to commercial, access is no longer allowed from the state highway; the owner of
the site shall develop or otherwise acquire access to a street other than the state highway and
the existing approach shall cease.
Note: The applicant, Kinsan Chan, states that he does not know when the use of the property
as a residence ceased; when he purchased the property two years ago, the house had already
been torn down. The property was annexed and zoned GG with the Redfeather Estates No. 2
application in 2004, prior to Mr. Chan purchasing the property.
Currently, there is no other access available to this site as the adjacent properties have not yet
developed. Access to River Valley Street to the south at the half mile (soon to be extended on
the east side of SH 55) by this property is dependent on three other properties redeveloping
and a frontage road being constructed to the subject property. Or, a bridge must be built
across the South Slough for access from the north. Neither of these options is likely to occur
in the very near future. For this reason, the applicant is requesting a temporary access to SH
55 until such time as an acceptable means of access is available.
To grant a variance, the Council needs to make the following findings:
1. The variance shall not grant a right or special privilege that is not otherwise allowed in
the district;
2. The variance relieves an undue hardship because of characteristics of the site;
3. The variance shall not be detrimental to the public health, safety, and welfare.
Staff believes that granting a variance would allow a right or special privilege that is not
otherwise allowed for properties that are adjacent to a state highway. Staff finds that granting
the subject variance would be detrimental to the public health, safety, or welfare and that the
potential for accidents would increase significantly with vehicles slowing down to turn into
the site and exiting the site and merging with traffic travelling at high rates of speed on the
highway. Staff realizes that the dependence on adjacent properties to develop first to supply
the access required by the UDC for this property does create an undue hardship for the
applicant. However, Staff cannot support an access point that would affect the safety of the
public. Further, in order to make the findings for approval of a variance, all three findings
need to be met and Staff does not feel that they can be for the aforementioned reasons.
Further, the proposed temporary access does not meet ITD standards for access to a state
highway (see letter from ITD in Exhibit B.1). Therefore, Staff is recommending denial of
the Variance application (see Exhibit C for required variance findings).
b. Staff Recommendation: Based on the facts and findings provided in this report and on ITD's
letter, Staff recommends denial of File Number VAR-08-004.
8. EXHIBITS
A. Drawings
1. Vicinity/Zoning Map
2. Conceptual Site Plan
B. Agency/Department Comments
1. Idaho Transportation Department
C. Required Findings from the Unified Development Code (Variance)
Great Wall Restaurant VAR PAGE 4
CTTY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF FEBRUARY 27, 2007
A. Drawings
1. Vicinity/Zoning Map
E~ibit A- 1 PAGE 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF FEBRUARY 27, 2007
2. Conceptual Site Plan
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Exhibit A - 2
CTfY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF FEBRUARY 27, 2007
B. Agency/Department Conditions
1. Idaho Transportation Department
~4AHd ~~NO TRRI~iBPORTXTlON DEPARTMENT
P.p. Box 8028 Z
* * Boise, ID 83707-202g ~ ~a. ~
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April t S, 2Ut1$
City of Meridian
Plannirtg Dr~epartment
5bU E. Wa2ertower Latte Suite 202
"4icridian, Idah~ 83642
FAX S$8-C854
Rc: L,c~cation: 2590 Eagle Road
Rau#e: S Ei 55 MP 13.75
Name: Kinsan Chan - Crreat Wali itestaw~ant
Case'+fo. VAR 08-{lif4
Hearing Date: May b, 24Q8
1~ear Z..oning Adn~inistratar,
Acce.cs to Eagle Raad shoutd l~-e at locutions that comply with the ITD ace:ess pc~licy and the F,agle Road
infrastructure Plan only. Any and all access points, and any other amanitees suc:h as lan~iscaping within the
right of way, will r~uire a~ertnit from ITD. ~cccss issues should be resoived as soon as posaibte
Any wark dcme on the State Right of Way wiTl requir~ a pernut. Peimit applicatians are aVailabte &om tlus
office. Please have thc applicant contact Matt Ward at 8154 Chinden Blvd. 83714 ia Boise or cail (208} 334
~341 tc~ obt~in a permit application.
If yau have any qucstions please call me at 334-89U1.
Sincerely,
,~-- ;~ j~~~
• Phil Chaatc
Semirnr Ftan»er
Exhibit B
CTTY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF FEBRUARY 27, 2007
C: Required Findings from the Unified Development Code (Variance)
The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings
listed in Section 11-SB-4.E of the UDC to review the variance request. In order to grant a
variance, the Council shall make the following findings:
A. The variance shall not grant a right or special privilege that is not otherwise allowed
in the district:
Direct access to State Highway 55 is prohibited, per UDC 11-3H-4B. Staff finds that if the
City Council grants the requested variance to allow a temporary access to N. Eagle Road
for the Great Wall restaurant, a special privilege will be granted to the subject applicant
that would not otherwise be allowed for properties adjacent to a state highway.
B. The variance relieves an undue hardship because of characteristics of the site;
Staff finds that the subject property is landlocked by undeveloped properties. For this
reason, the applicant is not able to develop his property until surrounding properties are
developed and access is provided from the north across the South Slough or from the south
via a frontage road from the extension of E. River Valley Street.
Staff finds that the dependence on adjacent properties to develop first to supply the access
required by the UDC for this property does create an undue hardship for the applicant.
C. The variance shall not be detrimental to the public health, safety, and welfare.
Staff finds that allowing a temporary access to State Highway 55 would be detrimental to
the public health, safety, and/or welfare by increasing the potential for accidents with
vehicles slowing down to turn into the site and exiting the site and merging with traffic
travelling at high rates of speed on the highway.
While Staff recognizes that allowing a temporary access would allow the property owner to
develop his property at this time and not be dependent on adjacent properties to develop
first, Staff cannot support an access point that would affect the safety of the public.
Further, the proposed access is not consistent with the Idaho Transportation Department's
access policies. Because all of the required findings cannot be met, Staff is
recommending denial of the subject variance request.
Exhibit C