HomeMy WebLinkAboutGreat Wall Restaurant VARCITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS
OF LAW AND
DECISION & ORDER
. E' IDIAN~
I:DAHO
In the Matter of 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.
Case No(s). VAR-08-004
For the City Council Hearing Dates of: May 6 and 20, and June 3, 2008 (Findings on the
June 17, 2008 City Council agenda)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of May 20, 2008,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of May 20, 2008,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of May 20,
2008, incorporated by reference) ~
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of May 20, 2008, incorporated by reference)
B, Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code
codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of
Meridian has, by ordinance, established the Irnpact Area and the Amended
Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002,
Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code §
11-SA.
CITY OF MEWDIAN FPIVDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). VAR-08-004
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed developrnent will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning Department, the Public Works Departrnent and any affected
party requesting notice. .
7. That this approval is subject to the attached Staff Report for the hearing date of May 20,
2008, incorporated by reference.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that: ' .
1. The applicant's Variance request for temporary access to SH 55/Eagle Road is hereby
approved until sueh time as access is available to the site from either the north or the
south. At such time, the temporary access to Eagle Road shall be removed and the street
buffer landscaping adjacent to Eagle Road shall be completed. The applicant shall
obtain an access perrnit from ITD prior to access being granted.
D. Attached: Staff Report for the hearing date of May 20, 2008.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). VAR-08-004
-2-
. /" \
By action f the City Council at its regular rneeting held on the day of
. (,~,{~.R. , 2008.
COUNCIL MEMBER DAVID ZAREMBA
COUNCIL MEMBER JOE BORTON
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
MAYOR TAM. MY de WEERD
(TIE BREAKER)
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Jaycee lman, City Clerk % ~ ~`~ ~
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Copy served upon Applicant, The~Plaffiifng~D~partment, Public Works Department and City
Attorney.
By: ~ Dated: l..o - 2,~ '~
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & QRDER
CASE NO(S). VAR-08-004
-3-
CITY OF MERIDIAN PL,ANNING 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 ~ 1~lAl r~'
FROM: Sonya Watters, Associate City Planner ~ DA H O
(208) 884-5533 ~
SUBJECT: Great Wall Restaurant
• VAR-08-004
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 are 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 fhe east side of N. Eagle Road, approximately 2,000 feet south of the
Ustick/Eagle 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 Exhibit C for the required
variance findings). Therefore, Staff is recommending denial of the subject Variance (VAR-08-
004) applicaNon for the reasons stated herein.
~
, ummarv of Citv Council Public Hearin~:
1. In favor: Mike Fairchild
ii. In ounosition: None
iii. Commentinp: None
iy. Written testimony: None
y. taff nresendn~ annlicafion: Anna Canning
yi. Other staff commenfin~ on a~licadon: None
ev Issues of Discussion bv Counc 1•
~. The fact that this ~ro~e ty was annexed into the Citv (in 20041 urior to the adontion
of the LTi~C and enactment of access restrictions to state highwavs.
li. The nublic safetv issue of allowin~ an access noint to SH 55/Eaule Road (the
notential for accidents when vehicles are slowin~ down to turn into the site and
ea~it'in~ the site and mer~in~ with traffic travellinp a high rates of sneed on the
~
lii. The Council directed.the Plannin~ Denartment to condidon the future CUP for this
site that unon the exniraNon of this temnorar~ access oermit (when access is
nrovided to the site from either the north or the southl. the temnorarv access would
be removed and the street bLffer landscap~ adiacent to Eagle Road would be
comnleted. Failure to do so would nromRt the initiation of revocation of the CUP.
Cneat Wall Restaurant VAR PAGE 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF MAY 20, 2008
jy, Annroval from iTD is reauired for the p~nosed temnorary access to SH 55/Ea~le
Road before access ma
be
ranted
~. y
~
.
Key Council Chang„Qs to Staff Recommendation
~. Council aqnroved the request for temp~ary access to Ea~le Road until such time as
accesc is ava lable to the site from either the north or the south. At such time, the
emnorarv access shaLl be removed and the reauired street buffer landscaning
ad;jacent to Eagle Road shall be constructed.
ji. n access oernLit shall be obtained from ITD nrior to a temuorarv access bein~
granted to SH 55/Ea~le Road
3. PROPOSED MOTIONS
Denial
After considering all staff, applicant, and public testimony, I rnove 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 #51104233802)
NW '/ of Section 4, Township 3 North, Range 1 East
b. Owner:
Kinsan Chan
2064 S. Doe Creek
Boise, ID 83709
c. Applicant:
Same as owner
d. Representative: Mike Fairchild, Architect
e. Present Zoning: GG; 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.
f. 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 Statement/Justification: "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.
Great Wall Restaurant VAR PAGE 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF MAY 20, 2008
5. PROCESS FACTS
a. The subject application will in fact constitute a Variance as deternuned 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 GG
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:
1. Use of existing approaches shall be allowed to continue provided that all of the following
conditions are met:
a. The e~sting use is lawful and properly pemutted 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 intensity of the use on the site will increase significantly from residential to
commercial properry 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.
Great Wall Restaurant VAR PAGE 3
CITY OF MERIDIAN PLANIVING DEPARTMENT STAFF REPORT FOR HEARING DATE OF MAY 20, 2008
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-mi~le mark between section line roads. These half-mile connecting
streets shall be collector roads.
East River Valley 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 Valley 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 tom down and
the property has been zoned comrnercially (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
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 tirne 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;
Great Wall Restaurant VAR PAGE 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF MAY 20, 2008
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 ternporary 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 Gndings).
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. The Meridian Citv Council
eard this item on Mav 6 and 20. and June 3. 2008. At the nublic hearing on June 3. 2008.
e Council aonroved the s~biect V~R rea~est
8. EXHIBITS
A. Drawings
1. Vicinity/Zoning Map
2. Conceptual Site Plan
B. Agency/Departrnent Cornments
1. Idaho Transportation Department
C. Required Findings from the Unified Developrnent Code (Variance)
Great Wall Restaurant VAR PAGE 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF FEBRUARY 27, 2007
A. Drawings
1. Vicinity/Zoning Map
Exhibit A- 1 PAGE 6
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
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF FEBRUARY 27, 2007
B. Agency/Department Conditions
1. Idaho Transportation Department
~DAtip - IDAHO 7RANSp.ORTATtON DEPARTMENT ' ~
P0: Box.8028
* .~:~` Boise, ID 83707 2Q28 (2Q8) 334-8300
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Ci 'ty of Mcridian
Pianning Dep~utmenY.
66,0 ~. Wuterto~Ver Lane ~S uite' 202
iblcriaian, idahc~ 83'S42:
FAX~ 8$ 8=5854
~Re: Location: 259U Eagle Raad
Rnute": $fl' S5 ':N1P ] 3,75
Name: Kiusan Chan - GTeat Wall 12e5tauiant
Case ~lo: VAR 08-(104
1-Ie~zring Daie: :.M. ~iy b, 2U(?S.
pEaT 7..~nin'g Ac~ministrator,
Access'to ~agle Road should b.e~aE:locafiiias that comply'~vith thc ITD access,ptilicy suicl Uhe _E.agl,e Rot~d
]tifrastructute Plan-otily, Any and all access points; and any other amznities Sn~h as lanasc:siging within the
right of.way, wilTi'aquire u permit from l'I'D. Aceess issues shquld be resplve~i as soon as possible
Ariy. workdone;on ,the State ~~t of Way wiD require a.pezmiG. Eermit applications are a~~ai[able from "this
of~ce. Pl'ease have tk~e. applicanf contact Iviatt Ward at 8l 50 Ch'in~ien L31vd. 83714 in Boise or call (20~) 334=
~343, to obtair~ a pemut ap'plication.
Xf you have; any questions ~lease call ine at 334'-8901,.
Sineerely;
~~~~~ ~~:
ri~ choec~ .
Seni,or ~Plann~r
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARWG 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< However, City
Council finds that this property is unique in that it was annexed into the city in 2004
without a conceptual development plan with Redfeather Estates Subdivision No. 2, prior to
adoption of the UDC and enactment of access restrictions to state highways. Currently,
there is no other access available to this site as the adjacent properties have not yet
developed. For these reasons, City Council finds that allowing a variance for temporary
access would not grant a right or special privilege to the applicant that would not otherwise
be allowed in the district.
B. The variance relieves an undue hardship because of characteristics of the site;
The City Council 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 frorn the extension of E. River Valley Street.
The City Council 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 hardslup for
the applicant.
C. The variance shall not be detrimental to the public health, safety, and welfare.
City Council 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.
However, City Council 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. For this reason, City Council is supportive of a temporary
access to SH 55/Eagle Road that would be removed upon access being available to the site
from either the north or the south. An access pernut shall be obtained from ITD before
access can be granted.
Exhibit C