HomeMy WebLinkAboutApplicant Response to Staff Report 9-22-09September 21, 2009
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SEP 2 2 2009
CITY OF Ciie; INJ
CITY CLERKS OFFICE
City of Meridian Planning Department
Attn: Sonya Watters
33 E. Broadway Ave, Suite 210
Meridian, Idaho 83642
RE: Treasure Valley Veterinary Hospital — Response to Staff Report (CC 9-22-09)
Dear Ms. Watters,
We are in receipt of the Treasure Valley Veterinary Hospital staff report for the City Council
Hearing scheduled for September 22, 2009, and have a few comments and clarifications that
we would like to note. The applicant concurs with the conditions of approval identified within
Exhibit B of the Staff Report with exception of the following Items:
Cross Access Easement to North — The applicant's attorney has prepared proposed
modified language to replace Section 1.2.g. in the staff report regarding the cross -
access easement:
g. Subject to the conditions in this paragraph, a cross -access easement shall be
recorded that provides driveway access to the property to the north (parcel
#R9071450022) (the "Northern Parcel") for connectivity. Applicant shall have no
obligation to record the easement unless the owner of the Northern Parcel grants a
reciprocal cross -access easement to the applicant. The applicant shall have no
obligation to improve the easement or to maintain it if it is improved. The initial location
of the easement shall be as set forth in Exhibit " " hereto. However, the easement is
being granted prior to the development of the applicant's property. Therefore, the
applicant shall have the right to relocate the easement upon the applicant's property
either before or after the development of the applicant's property, upon thirty days' prior
written notice to the owner of the Northern Parcel. Applicant then shall execute, deliver
and record a superseding easement to evidence the relocation.
2. Variance Request — It's our opinion that staff's findings warrant further discussion and
that the findings required to approve the variance can be reached by Council.
The Idaho Transportation Department has reviewed and approved the proposed existing
deeded access configuration for the addition/remodel project. The following comments
were provided by ITD:
"We understand the applicant's request for variance is based on the fact that the
current proposed changes would be to the existing veterinary office. We have no
objection to the continued use of the existing access points for the expansion of the
9543 W. Emerald Street, Suite 102 Boise, Idaho 83704 T.208.846.8955, F.208.846.8956
veterinary offices. However, once further development on the site occurs, all
access should be redirected to Edmonds Court."
The Ada County Highway District did not comment on the proposed access
configuration or site improvements. ACHD noted that:
"The District has no comment on the site improvements at this time due to the fact
that it is not a change in use." ...and that "With future development applications,
ACHD will review the potential to relocate site access from SH -69 to Edmonds
Court. "
A. The variance shall not grant a right or special privilege that is not otherwise
allowed in the district.
It's important to re-emphasize that the applicant's request is for continued
temporary use of their existing deeded right of access to two existing access
points to Highway 69. We are not requesting a new entitlement, special right or
privilege to permanently utilize the existing access points. This variance request
is not for permanent site access. This finding could not be reached by staff due
to the "increase of intensity of use" proposed with the building addition associated
with this application. Specifically, the "increase of intensity of use" is to add 1,504
sq. ft. to the existing 2,112 sq. ft. hospital facility. To provide a scaled perspective
of the proposed addition project in comparison to the total site, note that once fully
developed the site could support approximately 19,000 sq. ft of office space and
appurtenant site features. Thus, the existing 2,112 sq. ft. hospital accounts for
11.11% of the total build out square footage; and the proposed 1,504 sq. ft.
addition accounts for 7.92% of the total build out square footage. The point being
is that 80.97% of the total site building square footage site remains to be
developed. It's our position that since the Treasure Valley Veterinary Hospital has
the existing right and privilege to utilize the two subject deeded points of access,
and that a variance approval that incorporates a temporary access provision would
actually be a limitation on the existing right and privilege of use. Thus, the
variance approval would not grant a right or special privilege that is not otherwise
allowed in the district.
B. The variance relieves an undue hardship because of characteristics of the
site.
Staff was able to make this finding. Additional support was provided by the
applicant as within the LOI of August 19, 2009 as submitted with the Variance
Request Application. Since submittal of the project applications, the applicant has
worked with Anderson Construction Company, Inc. to assess project costs. Based
on Anderson's estimate, costs associated with construction of the access road to
Edmonds Court, a cul-de-sac turn around constructed to fire department standards
and appurtenant roadway and drainage improvements would cost $96,457.00.
The estimated cost of these improvements is completely disproportionate to the
overall scale, scope and intent of the proposed addition remodel project.
C. The variance shall not be detrimental to the public health, safety, or welfare.
Staff's findings indicated that approval of the variance could be detrimental to the
public health, safety or welfare due to increased traffic as result of the increased
facility square footage. Crash data was provided by ITD District 3 as indicated in
9543 W. Emerald Street, Suite 102 Boise, Idaho 83704 T.208.846.8955, F.208.846.8956
the LOI submitted with the variance application. Based on review of the crash data
there does not appear to be evidence to support a history of crashes related to
turning movements at or within close proximity to the existing hospital. Thus, the
existing/proposed access configuration has serviced the Treasure Valley
Veterinary hospital without crash history for approximately twelve years. It's
important to note that sight distance, access alignment and access spacing are
key components to approach safety. The two subject approaches align to
Highway 69 at right angles, which is the safest type of intersection; they have
sufficient sight distance; and are spaced a minimum of 548 feet from W. Maestra
St. and 1760 feet from W. Calderwood St. on the west side of the highway that
could cause conflicting turning movements. The aforementioned attributes are all
positives when considering approach safety for the proposed access configuration.
It's our opinion that Treasure Valley Veterinary Hospital addition project, with
continued utilization of the two existing accesses, will not cause an increased
detriment to the public health, safety or welfare.
Please feel free to contact me at (208) 867-3954 or email me at ross(o-),ericksoncivil.com if you
should have any questions or require any additional information.
Sincerely,
ERICKSON CIVIL, INC.
Rossi Erickson; P.E.
Attch: Graphic 1 - Existing Access Points along HWY 69 near the Treasure Valley Veterinary Hospital
Graphic 2 - Treasure Valley Veterinary Hospital - Views from Existing Site Approaches
9543 W. Emerald Street, Suite 102 Boise, Idaho 83704 T.208.846.8955, F.208.846.8956
W. Calderwood St.
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