Staff ReportSTAFF REPORT
HEARING DATE: August 23, 2011
TO: Mayor and City Council E IDIAN~--
FROM: Sonya Watters, Associate City Planner I D A H O
(208) 884-5533
SUBJECT: VAR-11-002 -Regency at River Valley
I. SUMMARY DESCRIPTION OF REQUEST
The Applicant, The Regency at River Valley, LLC, requests a variance to Unified Development Code
(UDC) 11-3H-4B to allow a temporary right-in/right-out access for the site via N. Eagle Road.
The aforementioned code section requires access to be acquired from a street other than the state
highway (SH 55/Eagle Road) if an applicant proposes a change or increase in intensity of use on the
property. (See Section VIII for more information)
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed variance in accord with the findings in Exhibit B.
III. PROPOSED MOTION (to be considered after the public hearing
Approval
After considering all Staff, Applicant, and public testimony, I move to approve File Number VAR-
11-002, as presented in Staff Report for the hearing date of August 23, 2011.
Denial
After considering all Staff, Applicant, and public testimony, I move to deny File Number VAR-11-
002, as presented during the hearing on August 23, 2011. (You should state why you are denying the
request.)
Continuance
I move to continue File Number VAR-11-002 to the hearing date of (insert continued hearing date
here) for the following reason(s): (you should state specific reason(s) for continuance)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The subject property is located at 2500 N. Eagle Road on the east side of N. Eagle Road,
approximately 'h mile south of E. Ustick Road, in the northeast % of Section 4, Township 3
North, Range 1 East.
Parcel #51104233914; S1104233920
B. Owner:
The Regency at River Valley, LLC
11650 S. State Street, #300
Draper, UT
C. Applicant:
Same as owner
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D. Representative:
Scott Stanfield, Mason & Stanfield, Inc.
826 3rd Street South
Nampa, ID 83651
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is a request for a variance. Per Meridian City Code, a public hearing is
required before the City Council on this matter.
B. Newspaper notifications published on: August 1, and 15, 2011
C. Radius notices mailed to properties within 300 feet on: July 28, 2011
D. Applicant posted notice on site by: August 10, 2011
VI. LAND USE
A. Existing Land Use(s): The subject property is currently vacant. The eastern portion of the site has
been approved for amulti-family residential development; the western portion of the site that
abuts Eagle Road where the access is proposed is zoned for commercial use but no development
has been proposed to date..
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: Vacant commercial property, zoned C-G
2. East: Vacant commercial property, zoned C-G and single-family residences in Redfeather
Estates subdivision, zoned R-4
3. South: Vacant commercial property (Meridian Town Center), zoned C-G. A conceptual
development plan has been approved for this site & portions of this site are in the
development process.
4. West: Single-family residence and vacant property, zoned RUT (Ada County); office uses
(on the west side of Eagle Road), zoned L-O; and a restaurant (The Great Wall), zoned C-G
C. History of Previous Actions:
- Annexation and zoning (AZ-08-003) of 1.15 acres with a C-C zoning district and
10.56 acres with an R-40 zoning district. A development agreement was approved
with the annexation (Instrument No. 108131099).
- A conditional use permit (CUP-08-004) for amulti-family residential development in
a proposed R-40 zoning district.
- A variance (VAR-08-002) for a reduction in the number of covered parking spaces
required for multi-family dwellings. A reduction from 360 to 299 covered parking
spaces was approved.
- Private streets (PS-08-004) were tentatively approved within the development.
However, the applicant did not comply with the provisions contained in the tentative
approval for final approval within the time period allowed. Therefore, the approval is
no longer valid.
- Modification to the development agreement (MDA-10-008) to amend the site plan,
landscape plan, building elevations, and certain provisions contained in the
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agreement (Instrument No. 111022580).
D. Utilities:
1. Public Works:
a. Location of sewer: Not applicable.
b. Location of water: Not applicable.
c. Issues or concerns: No concerns
E. Physical Features:
1. Canals/Ditches Irrigation: NA
2. Hazards: Staff is not aware of any hazards that exist on this property.
VII. AGENCY COMMENTS
Comments were received from the Police Department on this application as follows: The applicant
should meet ITD signage requirements for a temporary right-in/right-out entrance via Eagle Road.
This signage should include flags to alert other Eagle Road drivers to the new temporary entrance for
the project.
VIII. STAFF ANALYSIS
The applicant requests a variance to UDC 11-3H-4B which requires access to be acquired from a
street other than the state highway (SH 55/Eagle Road) if an applicant proposes a change or increase
in intensity of use on the property. The property was previously zoned RUT in Ada County and was
a residential property. Subsequent to annexation, a high density residential development was
approved on the on the eastern portion of the site. Future commercial use is planned for the western
portion of the property, thus constituting a change in use and increase in the intensity of the use on the
property.
The applicant proposes a temporary right-in/right-out access for the site via N. Eagle Road until such
time as E. River Valley Road is extended along the southern boundary of the site in accordance with
the development agreement. Due to the existing alignment of River Valley on the west side of Eagle
Road, the right-of--way for the extension of River Valley on the east side of Eagle lies entirely on the
property to the south. Until such time as River Valley is extended, access is not available to this site
unless the subject variance is granted. Granting the variance will allow the applicant to move forward
with occupancy after construction of the apartments if necessary while waiting for the extension of
River Valley to be completed.
Once River Valley is constructed, the access from Eagle Road will be removed and access to the
multi-family development will be provided via two access points to/from River Valley; emergency
access only will be provided via Allys Avenue at the east boundary. Future access to the commercial
portion of the site will be provided through cross-access easements with adjacent properties to the
south via a driveway to the future extension of River Valley.
The Idaho Transportation Department (ITD) submitted a response to this application stating they have
no comment on the application other than a permit will be required for work to be done within the
State right-of--way. ITD approval will take place when the permit is applied for.
In accord with UDC 11-SB-4E, in order to grant a variance, the Council has to make three findings, as
follows: 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; and 3) The
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variance shall not be detrimental to the public health, safety, and welfare.
Staff is of the opinion the findings for a variance can be made for this request. Please see Exhibit B
for Staff's response to these findings.
IX. EXHIBITS
A. Maps
1. Vicinity Map & Aerial Map
2. Proposed Access Exhibit Map
B. Required Findings from the Unified Development Code
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Exhibit A.1 -Vicinity Map & Aerial Map
Exhibit A.2 -Proposed Access Exhibit Map
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Exhibit B -Required Findings from the Unified Development Code
The City Council shall apply the standards listed in Idaho Code 67-6516 and all the fmdings 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:
Staff finds that granting a variance for temporary access would not allow a right or special privilege
that is not otherwise allowed for properties that are adjacent to a state highway because once a
permanent access to the site is constructed, the access will be removed. See Section VIII, Analysis, for
more information.
B. The variance relieves an undue hardship because of characteristics of the site;
Staff finds granting the variance would relieve an undue hardship based on the site not having access
available until such time as the adjacent property to the south develops. Because all of the right-of--way
for the extension of River Valley Road is located on the property to the south, the applicant is
dependent upon the adjacent property developing & River Valley being constructed in order for access
to be available to the subject property.
C. The variance shall not be detrimental to the public health, safety, and welfare.
Staff finds granting the variance for a temporary right-in/right-out access for the site via SH 55/Eagle
Road until such time as River Valley is extended would not be detrimental to the public health, safety,
and welfare.
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