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HomeMy WebLinkAboutMemo from PlanningChanges to the Agenda: Item # 9. Zebulon Heights- Continue to April 14 meeting. ~.E C E j V E Item # 10 -Project: Knighthill Center Variance (VAR-09-001) APR O 7 ZO09 Location: Southwest corner of Chinden Boulevard and Linder Road CITY OFCQT' ,,,~,r CITY CLERKS ~~~~~ Applications: Variance OFFICE Highlights of Proposed Development: The applicant 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. In 2008, the Council approved a new concept plan for a commercial development however; the addendum to the existing development agreement has not been initiated because the new owner (applicant) has decided to seek direct lot access to Chinden Boulevard. The applicant has submitted a new concept plan depicting the proposed access location and the reduced right-of--way for Council review. The UDC restricts access to the state highway if the intensity of the use increases and access to be taken from roadways other than the state highway. The preliminary plat was approved with 3 access points; Linder Road, Gertie Place and Everest Lane. 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. . The access management plan for SH 20/26 Corridor approved by Compass has identified the Chinden/Linder intersection as a high volume intersection and 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 consistent with the UDC. Planned and existing developments in the area were also responsible for preserving 100 feet of right-of way and neither developments were granted direct lot access to SH 20/26. ITD has denied the applicant's request for access to SH 20/26. Staff Recommendation: Denial for both requests. Outstanding Issue(s) for City Council: i. The applicant will need to modify the existing development agreement and submit for a new preliminary plat if the variance is granted. ii. Does the reduced right-of--way width and access interfere with future roadway improvements at the Chnden/Lnder intersection as identified by ITD? iii. Are the three approved access points to this site sufficient to serve the approved preliminary plat? Written Testimony: Staff has received an a-mail from Justin Martin (owner of commercial parcel to the west) requesting cross access if the right-in/ right-out access is granted. Staff has received written comments from ITD denying the applicant's encroachment permit to access SH 20/26 and requiring the 100-foot right-of--way for the future expansion of SH 20/26. Further comments were received after the print date of the staff report from ITD headquarters (ITD Chief Engineer) upholding District's 3 denial for access to SH 20/26. 4/7/2009 Item # 11-Project: Southridge 31 (AZ-08-016) r "' Location NEC of~Overland/Ten Mile q _~ i ;. { ~ ~ "fit Applications: AZ; of 36.27 acres from RUT in Ada County to M-E (Mixed Employment) Highlights of Proposed Development: The application is for annexation and zoning. No development is proposed at this time. The applicant has submitted a conceptual development plan showing how the site may develop in the future; however, the applicant has stated that future concept and development plans will be submitted based on the market and economic conditions. The recommended conditions for approval require a development agreement and modification as necessary to revise the concept plan. At Commission hearing, the critical issues presented in testimony were: ^ Noise, dust and traffic impacts associated with the I -84 construction activities associated with the operation of the batch plant on the subject site. ^ That the batch plant is operating in violation of Ada County zoning regulations. The City has determined that the batch plant is an accessory use to the I-84 construction project. While development is not proposed with the annexation, there will be site construction for the reconstruction and realignment of Tasa Drive as part of the Ten Mile interchange project. ITD plans to extend Tasa Drive eastward under the new approach ramp (Ten Mile Road) through the subject site to the junction of Tasa Drive/Market Square Way and south (Market Square Way) to the existing Overland Road. ROW has already been obtained for the construction of Tasa/Marlcet Square to the existing Overland Road location: ROW has not yet been obtained from the existing Overland to the future realignment of Overland. If ROW is obtained between the existing Overland and future Overland locations prior to the construction of Tasa/Market Square through the subject site, ITD will construct Market Square to the newly aligned Overland. Once'I'asa/Market Square has been constructed to the newly aligned Overland, the existing Overland access to Ten Mile will be removed and access will be terminated. If ROW is not obtained prior to construction, ITD will improve Overland Road in its current location from Market Square west to the Ten Mile intersection. Staff will provide a graphic display. Commission Recommendation: Approval at their March 5`h public hearing Summary of Commission Public Hearing: i. In favor: Van Elg (applicant's representative) ii. In opposition: Georgia Chapin; Joyce Baker; Steve Prisbus; Leo Puga; Jana Puga; Tom Christensen; Earl Marks; Curtis Elton; Susan Stone iii. Commenting: Jesse Rosin (Knife River) iv. Written testimony: Joyce Baker; Melvin Baker; a letter & petition signed by a total of 45 neighbors; response to the staff report from the applicant Key Issue(s) of Discussion by Commission: i. The legal status of the current operation of a batch plant in unincorporated Ada County; construction activities related to the widening of I-84 on the site; hours of operation of the batch plant; term of operation; method of dust control; and traffic control at the Ten Mile/Overland intersection. ii. Whether or not it's in the best interest of the City to allow the batch plant and construction activities to continue to operate on the site if it is annexed. Key Commission Change(s) to Staff Recommendation: i. Add a DA provision for the contractor to provide flaggers at the Ten Mile/Overland intersection during peak hours to ensure smooth traffic flow for both residential and construction equipment (see DA provision #g); 4/7/2009 ii. Add a DA provision for the contractor to alleviate dust issues from the construction activities on the site by watering the area. (see DA provision #h); iii. Modify DA provision #f per Staff s recommendation, to remove the "concrete batch plant" terminology and just leave it at "construction activities" related to the widening of I-84 and construction of the Ten Mile interchange. Outstanding Issue(s) for City Council: i. Determine what the "peak hours" are that the contractor is required to provide flaggers at the Ten Mile/Overland intersection. Note: Again, most of the public testimony at the Commission hearing centered largely on the operation of the batch plant on the site (which will continue to operate on the site if annexed), not the subject annexation request. Primarily, the Council should focus on the annexation request and if it's in the best interest of the City. Secondarily, the Council should determine if it's in the best interest of the public & City to allow the current batch plant use to continue on the site as an accessory use for the I-84 widening project. The Commission recommendation requires that the batch plant and all activities associated with the I-84 project and 10 Mile Interchange construction to cease once the interchange is completed. Written testimony since P&Z meeting: Letters from Joyce Baker and Melvin Baker 4/7/2009