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HomeMy WebLinkAboutMay 20, 2008 C/C MinutesMeridian City Council May 20, 2008 Page 42 of 53 fhe design -- Meridian design guide review and I really appreciate the time and energy he's put in. He's been very constructive and come up with some very good points, the few fiimes I have been there, and I apologize for that, but he's been a dedicated folk to that process and I think this application reflects his genuine interest in providing an nice product for the City of Merid'ian. Thank you, Milt. - De Weerd: Thank you. Canning: Madam Mayor, I fhink both Pete and Will would say that sometimes maybe Milt is the only friendly face in the crowed and certainly appreciate his presence greatly. De Weerd: Thank you. And thank you again. Now, I think American Idol is probabiy over by now, but -- you know, at least you're done here. Item 18: Continued~Public Hearing from May 6, 2008: VAR 08-004 Request for a Variance to UDC 11-3H-46.2.a, which prohibits new approaches directly accessing a state highway to allow a temporary access to SH 55/Eagle Road for Great Wall Restaurant by Kinsan Chan - 2590 North Eagle Road: De Weerd: Okay. Item 18 is a continued Public Hearing from May 6 on VAR 08-004. I will ask for staff comments at this time. , Canning: Madam Mayor, Members of the Council, this is the Great Wall Restaurant project. It's located to 2590 North Eagle Road. On the east side of Eagle Road, approximately 2,000 feet south of the Ustick-Eagle intersection and immediately north of the Bach Homes property. Or northwest. The proposed development -- the applicant is requesting a variance from the access to -- direct access to the state highway and he is asking for Council to allow a temporary access to Eagle Road for the Great Wall Restaurant at such time as access can be provided to the site, either from the south via frontage road from the extension of River Valley Drive, so going soufh to the half mile. Or crossing the South Slough and getting -- gaining access from the north. At that point use of the access would cease. They are just asking for temporary access. The property was annexed and zoned C-G, with the Red Feather Estates No. 2 application in 2004, prior to Mr. Chan purchasing the property. Because the use of the site has changed from residential to commercial, access is no longer allowed from the state highway. That's one of the triggers within the code. The owner of the site shall develop or ofherwise acquire access to a street other than the state highway and the existing approach shall cease. That's language from the code. Currently there is no other access available to this site, as fhe adjacent properties have not yet developed and that you heard quite a bit of that discussion earlier. Access to River Valley Street to the south of the half mile, hopefully soon to be extended to the east side of State Highway 55 by this property, is dependent on fhree other properties redeveloping, these two properties, and, then, the Bach Homes property. Or a bridge must built across the South Slough from access from the north, but we have not had any activity on this property to fihe north. For this reason neither of these options is likely to occur in the Meridian City Council May 20, 2008 Page 43 of 53 very near future and for this reason the applicant is requesting a temporary access to Eagle Road until an acceptable means of access is available. To grant a variance the Council needs to make the following findings: One, the variance does not grant a special right or privilege that is not otherwise allowed in the district. The variance relieves an undue hardship because of characteristics of the site and the variance shall not be detrimental to the public health, safety, and welfare. Staff believes fhat 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 also finds that granfiing the subject variance would be detrimental to the public health, safety, or welfare and that the potenfial for accidents would increase significanfly with vehicles slowing down to turn into the site and exiting the site and merging with traffic traveling at high rates of speed on the highway. Staff realizes that the dependents of adjacent properties to develop first to supply the access required by the UDC for this property does create an undue burden or hardship for fhe 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 the variance you're supposed to be able to make all three findings and staff does not feel that they can do that for the mentioned -- the reasons I mentioned before. Furfher, fihe proposed temporary access does not meet ITD standards for access to a state highway. Therefore, staff is recommending denial of the variance application. And wifh that I will answer any questions Council may have. De Weerd: Council, questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Anna -- De Weerd: You're next. Thank you. Rountree: Okay. Now I know where I'm going. Has ITD provided a letter on this and indicated -- Canning: Yes, they have. I'll have to dig in the file and get it, but we do have Exhibit B- 1, if you have your staff report out. Rountree: No. Canning: Okay. Rountree: I'd have to find it. I fihought it easier to ask. Canning: I will do that for you. Meridian City Council May 20, 2008 Page 44 of 53 Rountree: Along with that -- and I may have missed this in your -- in your rundown, but in the original granting of annexation is cross-access provided on this piece of property to the property to the south? Canning: I do not believe so. At the time -- Rountree: Is it the lateral? Canning: To the north is the lateral, the South Slough. Or -- yeah. To the north. Rountree: Okay. So, it would be to fhe south. Canning: To the south -- no. I don't think we required it at that time. We didn't -- we didn't have the access policies at the time it was annexed and we didn't have much on the Red Feather, these two connecting commercial properties for Red Feather. Rountree: Okay. De Weerd: Mr. Zaremba. Zaremba: Madam Mayor. Would you show a view where you can oufline what the underlying Red Feather property was when it was annexed and Red Feather Estates 2, which this is a part, is what is the whole Red Feather Estates 2? Canning: Red Feather -- I can only show you a portion of it. This is the most western portion of the residenfial development and, then, their annexation parcel was these three large -- or this one very large commercial property. This one, which apparently has an industrial zoning and the Great Wall property. And this was fheir annexation path for contiguity. Zaremba: Okay. De Weerd: Okay. Council, any other questions before I ask the applicant for comment? Bird: No. De Weerd: Okay. Would the applicant like to come forward? Our process is staff has comment -- sir, hold on, Just a second. Our process is staff comments, then, the Council asks quesfiions and, fhen, we ask you to come up. Fairchild: My name is Mike Fairchild, I'm the architect represenfing Mr. Kin San Chan. We ask the Council to table this. We have decided to go a different route. I was just trying to stop all fihis before -- because we are just asking to table it, we are going to -- we are going to explore different alternatives to this. We don't see that we will get the access anyway. We have got other ideas. We just ask to table it tonight and we will continue it later. Meridian City Council May 20, 2008 Page 45 of 53 Rountree: Madam Mayor, if I might ask a-- De Weerd: Mr. Rountree. Rountree: Do you have a time -- do you want this to stay open to such time as you want to bring it back again or are you going to bring back a different concept? Fairchild: Probably give us at least until the next meeting. Maybe finro meefings -- we can probably get it done by the next meeting. De Weerd: So, on the 27th? Rountree: 27th? Zaremba: Madam Mayor, staff usually wants ten days to review anything that's a major change. Rountree: Don't know what the change is. Canning: Yeah. At this point -- De Weerd: Yeah. We don't know if it's major or anything, so -- Bird: Madam Mayor'? De Weerd: We can continue it to the 27th or June 3rd. Fairchild: June 3rd. We will shoot for fhat. De Weerd: Okay. Rountree: Thank you. Fairchild: Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move fhat we continue VAR 08-004 until June 3rd, 2008. Borton: Second. De Weerd: Okay. I have a mofion and a second to continue this Item 18 to June 3rd. All those in favor say aye. All ayes. Motion carried. Meridian City Council May 20, 2008 Page 46 of 53 MOTION CARRI'ED: ALL AYES. Item 19: Public Hearing: SHP 08-003 Request for Short Plat approval to create 4 condominiums in an existing 4=plex unit on 1 residential building lot on 0.15 acres in an O-T zone for Noe Vallev Condominiums by James McLean and Karen Swett - 121 East King Street: De Weerd: I guess it would have been more effective if we had known that prior to the item. Item 19 is a Public Hearing on SHP 08-003. I will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is the -- I think Noe Valley Condominiums. I#'s located at 121 East King Street and fhe application before you tonight is a short plat for a condominium. The applicants James McLean and Karen Swett have applied for a short plat approval of four condominium units within one residential building on .15 acres in the Old Town zoning for Noe Valley Condominiums. The building permit has already been issued for the subject building and the building has, actually, already constructed. Staff is recommending approval. The subject property meets ail applicable requirements for the short plat for a condominium and applicant has provided a written agreement with the conditions. He is not able to be here tonight, so, hopefully, you don't have questions for him, but to our knowledge there are no outstanding issues before City Council. De Weerd: So, if it's not approved what happens? Bird: They tear it down. Canning: Well, Madam Mayor, Members of the Council, if you're not inclined to approve this tonight, I actually have to go do some research on the state code for condominiums. If the use is already approved, which it is. The use for the four-plex was already approved. I don't know what the state code says in regards to the findings you need to make to deny a condominium plat. Because we required it to be a plat, you have to take action on it, but thaf's the extent of my knowledge in Tifle 50 of the Idaho Code. Sorry. De Weerd: Just fhought I'd ask. It seemed -- Canning: I was hoping you weren't just going to move that way. But yeah. I think what the state code basically says with regard to condominium plats is if the use is already approved, you really don't have much choice, other than to approve the plat. But I can check into those details more if you'd like. De Weerd: I just thought I'd ask. Okay. Council, any questions for staff? Zaremba: Madam Mayor'?