HomeMy WebLinkAboutStaff ReportPage 1 of 1
Tara Green
From: Bill Parsons
Sent: Thursday, April 02, 2009 8:41 AM
To: Tara Green; Ted Baird; Jaycee Holman; Bill Nary; Renwylie@aol.com; Machelle Hill
Cc: Peter Friedman
Subject: Knighthill Center Variance Staff Report for 4/07/09 CC MTG
Follow Up Flag: Follow up
Flag Status: Green
Attachments: Knighthill Center VAR.doc
Attached is the Knighthill Center Variance staff report (VAR-09-001). This item is scheduled to be on the Council
agenda on April 7, 2009. The public hearing will be held at City Hall, 33 E. Broadway Avenue, beginning at 7:00
pm. Please call or a-mail with any questions.
Renny -Please submit any written response you may have to the staff report to the City Clerk's office
tgreen@meridiancity.org, mhill meridiancity.org and myself as soon as possible.
Bill Parsons
Associate City Planner
Meridian Planning Department
33 E. Broadway
Meridian, Idaho 83642
PHONE: (208) 884-5533
FAX: (208) 888-6854
bparsons@meridiancity.org
4/3/2009
STAFF REPORT Hearing Date: April 7, 2009
TO: Mayor and City Council +-~ ~~~~~"~
FROM: Bill Parsons, Associate City Planner
(208) 884-5533
SUBJECT: VAR-09-001- Knighthill Center Variance
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, James Wylie, is requesting approval of a variance to allow aright-in/right-out access
point to SH 20/26 and a reduction of ITD future right-of way adjacent to Chinden Boulevard from
100 feet to 70 feet. The applicant has submitted a new concept plan depicting the proposed access
location and the reduced right-of--way (See Section 8 for further analysis).
2. SUMMARY RECOMMENDATION
Staff is recommending denial of the subject Variance application based on the Findings of Facts
and Conclusions of Law in Exhibit C of the Staff Report.
3. PROPOSED MOTIONS
Denial
After considering all staff, applicant, and public testimony, I move to deny File Number VAR-09-001
as presented in the staff report for the hearing date of April 7, 2009, 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-
09-001 to the hearing date of (date certain) for the following reason(s): (you should state specific
reason(s) for continuance.)
Approval
After considering all Staff, Applicant, and public testimony, I move to approve File Number VAR-
09-001, as presented in Staff Report for the hearing date of April 7, 2009, with the following
modifications: (add any proposed modifications).
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location: Southwest corner of W. Chinden Boulevard and N. Linder Road
NE '/, NE '/, Section 26, T4N R1 W
b. Owner/Applicant:
James Wylie
1676 N. Clarendon Way
Eagle, Idaho 83616
c. Applicant's Statement/Justification: See applicant's narrative attached in Exhibit A.
5. PROCESS FACTS
a. The subject application is for variance approval as determined by City Ordinance. A public
hearing is required before the City Council consistent with Title 11, Chapter 5.
b. Newspaper notifications published on: March 13 and 30, 2009
c. Radius notices mailed to properties within 300 feet on: March 6, 2009
Knighthill Center VAR-09-001
d. Applicant posted notice on site by: March 27, 2009
6. LAND USE
A. Existing Land Use(s) and Zoning: The subject site is vacant commercial land, zoned C-G.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: The subject site is located on
the intersection of Linder Road and Chinden Boulevard. There is a mix of office, commercial and
residential uses that are planned for and exist in the area.
1. North: Knight Sky Estates, zoned C-C and TN-C
2. East: Vacant land, zoned RUT (Ada County)
3. South: Lochsa Falls No. 11, zoned R-4.
4. West: Lochsa Falls No. 12, zoned R-4, C-N, and L-O
C. History of Previous Actions: In 2006, the site was annexed (AZ-06-006) and preliminarily
platted (PP-06-005) with 4 commercial lots and one common lot. A Development Agreement
including a concept plan was approved by City Council on July 5, 2006. At the time this project
was approved it was under different ownership.
In 2008, the applicant (new owner) proposed a new concept plan and preliminary plat (5
commercial lots and 1 common lot) which the City Council approved. Concurrently, a
development agreement modification was also approved that removed the previous concept plan
and attached a new concept plan with additional DA provisions. One of proposed DA provisions
required the applicant set aside 100' of right-of way for the future expansion of SH 20/26 and
neither concept plan proposed direct lot access to Chinden Boulevard. Staff has attached a copy
of the approved concept plan in Exhibit A below. NOTE: The applicant has not initiated the
addendum to the existing DA until the pending issues (i.e. access and right-of-way reduction)
are resolved.
D. Access: The subject site has been approved with three separate access points from (2) public
streets and (1) private street; N. Linder Road to the east , N. Gertie Place from the south and W.
Everest Lane to the west. In addition, W. Everest Lane parallels SH 20/26 and connects to N.
Long Lake Way. The N. Long Lake Way and Chinden Boulevard intersection is a signalized
intersection at the half-mile consistent with the UDC and the Comprehensive Plan.
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 existing use is lawful and properly permitted effective September 15, 2005. The subject
site was created by a record of survey in 2005 and remains vacant without a specified use on
the property. Therefore this condition is not applicable.
b. The nature of the use does not change (for example a residential use to a commercial
use). Because this site has been approved and zoned for commercial development,
staff believes the nature of the use will increase significantly.
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 vacant land to
commercial property with approximately 70, 000 sguare feet of office and retail uses.
Knighthill Center VAR-09-001 - ~ -
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.
Staff is not aware of any deeded access to this property. In addition, the site has been
approved for commercial uses, therefore access to SH 20/26 shall be restricted per
the UDC. With the previous approvals (Preliminary Plat, DA, and Concept Plan);
direct lot access was not proposed or approved.
b. Public street connections to the state highway shall only be allowed at:
i. The section line road; and
A public street connection to SH 20/26 exists at Linder Road, a section line road.
This will most likely be the primary entrance into the site and is located
approximately 600 feet from the intersection.
ii. The half-mile mark between section line roads. These half-mile connecting
streets shall be collector roads.
As mentioned earlier, W. Everest Lane (private street) parallels SH 20/26 and
connects to N. Long Lake Way (designated a collector) which is a signalized
intersection at the half-mile consistent with the UDC. West Everest Lane is
currently stubbed at the western property boundary and a cross access
agreement has been recorded granting this property access.
8. ANALYSIS
a. Analysis Leading to Staff Recommendation
Staff has provided analysis below regarding the proposed application.
VARIANCE APPLICATION: The applicant is requesting approval of a variance to allow
one right-in/right-out access point to SH 20/26 for a commercial development. Further, the
applicant is also requesting a reduction to ITD future right-of way adjacent to Chinden Boulevard
from 100 feet to 70 feet. Staff has received a letter from ITD (comments attached in Exhibit B)
denying the applicant's encroachment permit to access SH 20/26. An e-mail was also received
from ITD (attached in Exhibit B) stating the importance of preserving the 100-foot right-of--way
for the future expansion of SH 20/26. The applicant has currently appealed the denial to ITD
headquarters seeking approval for access to SH 20/26.
The applicant has submitted a new concept in Exhibit A for Council review. This concept plan
depicts the location of the proposed access point and reduced ITD right-of--way. Because this
new concept plan differs from the previous approvals, the applicant will have to submit for a
new preliminary plat and development agreement modification if the subject variance requests
are approved by Council.
UDC 11-3H-4B, regulates the standards for access to SH 20/26. Because the use of the site is
proposed to change from vacant land to a commercial development, access is restricted from the
state highway. The owner of the site shall acquire access to a street other than the state highway.
As mentioned earlier, Linder Road, Gertie Place and Everest Lane provide opportunities for
access to the subject site. In addition, Everest Lane parallels SH 20/26 and connects to N. Long
Lake Way; a signalized intersection at the half-mile, which is consistent with the UDC and the
Comprehensive Plan. Staff and ITD believe these roadways are sufficient to accommodate the
amount of future traffic generated by the proposed development.
Knighthill Center VAR-09-001 - 3 -
The access management plan for SH 20/26 Corridor approved by Compass has identified this
intersection as a high volume intersection. ITD has indicated adding an access point to SH 20/26
that close to the intersection would impact the traffic mobility on SH 20/26 and interfere with
future roadway expansions planned for the intersection.
With regard to the right-of--way reduction, UDC 11-3H-4C states the width of right-of--way
reservations shall be set forth by ITD. For this portion of SH 20/26, ITD has consistently required
the preservation of 100 feet of right-of-way measured from the centerline of SH 20/26. Staff has
researched the surrounding properties (Lochsa Falls to the west and Knight Sky Estates to the
north) and each of these developments was required to preserve the 100 feet of right-of--way.
Further, neither development was granted direct lot access to SH 20/26.
In addition, the Compass approved SH 20/26 access management plan calls for 200 feet of total
right-of--way between Meridian Road and McDermott Road. Further, this document prescribes
access points every half-mile from Black Cat Road to Eagle Road. Because this site is located on
a prominent corner with large volumes of traffic, this intersection will mostly require additional
road improvements to facilitate traffic from SH 20/26 to Linder Road.
Based on Staff's analysis and the Variance Findings, Staff is recommending denial of the
Variance application (see Exhibit C for required variance findings).
9. EXHIBITS
A. Drawings
1. Vicinity/Zoning Map
2. 2008 Approved Concept Plan Depicting Approved Access Points
3. Conceptual Site Plan Depicting Proposed Access to SH 20/26
4. Applicant's Narrative
B. Agency Comments
1. Idaho Department of Transportation
C. Required Findings from the Unified Development Code
Knighthill Center VAR-09-001 - 4 -
1. Vicinity Map
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Exhibit A - 1 -
2. 2008 Approved Concept Plan Depicting Approved Access Points
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Exhibit A - 2 -
CHINDEN BLVD. (US 20/26}
3. Conceptual Site Plan Depicting Proposed Access to SH 20/26
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GHINDEN BLVD {U5 20126
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CONCEPT SITE PLAN
KNItaHTHII.L CENTER SUBDIVISION
Exhibit A
-3-
3. Applicant's Narrative
James R. Wylie
1676 N. Clarendon Way
Eagle, Id. 83616
208-939-1253
2-2409
City of Meridian
33 E Idaho Ave,.
Meridian, ID 83642
Dear Sus,
This narrative is prepared with the intent io comply with the City of Meridian's
requirement for a variance to the existing approved preliminary plat, which is known as
Knighthill Center Subdivision approved by the City Council of Meridian on .July 18, 2006
ordinance NO. 06-1242 and with a development agreement dated July 5, 2006 recorded on July
31, 2006 NO 106122368.
We are requesting a variance for the following items:
1 Right in•Right out access on Chinden Blvd.
2. Right of way reduction along Chinden Blvd. from 100' to 70' .
the revised conceptual site plan attached shows the access fiOm Chinden Blvd. and the
reduction of right of way. Also we have attached a ttafftc impact report that shows an increased
level of service for this and surrounding properties with the proposed access
During the neighborhood meeting the neighbors that attended were unanimously in favor
of the access and asked what they could do to help this access go forward. It was obvious to them
that the access would help reduce traffic on the neighborhood roads and would facilitate traffic
movement for this project and the surrounding area.
Thank you for your consideration in this matter..
SSr~r~e
ames,`R/>(/W(y/1` e
Exhibit A - 4 -
B. Agency Comments
1. ITD VARIANCE COMMENTS
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P.O. ~x 8828
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January 9, 2009
Mr, E. Don Copple
Davison, Copple, Copple &Cox, LLP
P.Q. i3ox 1583
Boise, Idaho 83701
ViA Ct=RTIFIED MAIL
Re: Encroachment Permit Application 03-09-089, US 2'0!28 (Ghinden Btvd), MP 37.14
I(nighthlli Commercial Subdivision
Dear Mr. Coppie:
Thank you for providing the additional information regarding the above referenced permit
application. We disagree with the response to our Question 1 regarding trips using Everest Lane;
however, to minimize further delay, vve are taking action at this time.
The new infom~ation was presented to the District 3 Permits Committee on January 6, 2008. The
permits committee upheld its r~ecaommendation for denial of the application and the District
Engineer concurs with the cammNtes's decision. The denial is based on the foikwuing:
1. PII~PA 3g.U3.42- Rules Governing Hrghrvay 1Right-of-Way Encroachments orr Slate Rights`
of Way identifies that 'Traffic Movements into and out of a business should be designed,.
whenever possible, to utilize existing kycal roads." The devebpment has direct access to
Linder Road, Everest Lane, and Genie Place.
2. Addition of a new oonfl~t point, i.e. the proposed access, has the potential to create
interterenre with or hazard to the free movement of normal highway tratltc_ This is
exacerbated by the proximity of the proposed approach to the intersection of Chinden 8
Linder.
3. Everest Lane provides acxess to Chinden at Long Lake, a signalized intersection,
consistent with the June 2008 North Meridian Auto Circulation Map. As stated in our letter of
November 29, 2008, we believe Everest Lane provides a very attractive attemative fvr
motorists during peak conditions. Trips assigned to the intersection of Long Lake and
Chinden {via Everest) would improve the LCJS at the Linder Road entrance.
4. The site layout presented in your application is inconsJstent with existing approvals (i.e.
preliminary plat) on fife with the City of Meridian and acted on by ACRD. To date, na
applications have been filed trs change the preliminary plat, nor have they received an
application for a variance to their acoess spacing ordinance. No access to Chinden is
included on the existing preliminary plat..
Exhibit B - 1 -
Mr. E. C7on Copple
Encroachment Perrnlt Application 03-09-0$9
January S, 2009
Page 2 of 2
5. An access at this locatbn is not insistent with long-range planning goals. The US 20-26
Access Management Plan was adopted in December 2008 by COMPASS and Communities
in AAotion itterriifies an interchange at the intersection of Chinden and Linder. An aaess at
the proposed location is inconsistent w~h these puns.
This decision may be appealed by nespanding in writing to my attention within thirty (30) days of
receipt of this letter. The appeal process is identified in 1DAPA 39.03.42.
Please call me at 3348377rf you have any questions.
Sincerely,
Pam Goiden, P.E.
f?istrict 3 L?evefopment & Access Management Engineer
cc: Peter Friedman, City of Meridian
Exhibit B _ 2 _
2. ITD Right-of--Way Comments
VAR 09-001 Knighthill Center by James Wylie
Machelle Hill
From: Larry Strough [Larry.Strough~itd.idaho.gov]
Sent: Wednesday, March 18, 2009 10:55 AM
To: Machelle Hill
Cc: Pam Golden
Subject: VAR 09-001 Knighthiil Center by James Wylie
Attachments: SKMBT_C25009031810120.pdf
Page 1 of 1
7
Thank you for the opportunity to review this request. We feel that the 100 foot right of way setback is
crucial for future intersection improvements. The intersection will require auxiliary lanes for both !eft
and right turns as well as additional through lanes. Ample right of way will be necessary for these
improvements.
Thank You
Larry Strough
334-8924 «SKMBT C25009031810120.pdf»
Exhibit B _ 3 _
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 20/26 is prohibited, per UDC 11-3H-4B. Staff finds that if
the City Council grants the requested variance requests to allow the right-in/right-out
access to Chinden Boulevard and reduce the ITD right-of--way from 100 feet to 70 feet, a
special privilege will be granted to the subject property that would not otherwise be
allowed for properties adjacent to a state highway. The property across Chinden Boulevard
and west of this site were also required to preserve 100' of right-of -way along the Chinden
Corridor and have restricted access to SH 20/26.
B. The variance relieves an undue hardship because of characteristics of the site;
Staff finds that there are no undue hardships that would prevent the applicant from
developing the site by restricting access to SH 20/26. In this case, the applicant has options
to facilitate access to/from other roadways. As mentioned earlier, Linder Road, Gertie
Place and W. Everest Lane provide opportunities for future access to the subject site. Staff
and ITD believe the aforementioned roadways are sufficient to accommodate the amount
of future traffic generated by the proposed development.
C. The variance shall not be detrimental to the public health, safety, and welfare.
Staff finds that allowing right-in/right-out access to SH 20/26 will be detrimental to the
public health, safety, and/or welfare. Based on information from the transportation
authority (ITD), Staff believes adding additional access points to SH 20/26 would impact
the traffic mobility on SH 20/26 and interfere with future roadway expansions planned for
the intersection.
Exhibit C _t _