Regency at River Valley VAR-11-002CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
~~1~1 E IDIAN~--
iDANO
In the Matter of a Request for a Variance to UDC 11-3H-4B to Allow a Temporary Right-InBight-
OutAccess for the Site via N. Eagle Road, Located at 2500 N. Eagle Road, by The Regency at River
Valley, LLC.
Case No(s). VAR-11-002
For the City Council Ilearing Date of: August 23, 2011 (Findiugs on September 6, 2011)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of August 23, 201 ], incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of August 23, 2011, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of August 23,
2011, incorporated by reference)
4. Required Findmgs per the Unified Development Code (see attached Staff Report for the hearing
date of August 23, 2011, 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 (LC. §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 Impact 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.
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 development will not impose
expense upon the public if the attached conditions of approval are imposed.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OP LAW AND DECISION & ORDER
CASE NO(S). [file #]
-1-
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 Department and any affected party requesting notice.
That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of August 23, 2011, incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
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 request for a variance is hereby approved per the attached Staff Report for the
hearing date of August 23, 2011, attached as Exhibit A.
D. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review maybe filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
E. Attached: Staff Report for the hearing date of August 23, 2011
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). [file #]
-2-
By action of the City Council at its regular meeting held on the
2011.
COUNCIL PRESIDENT DAVID ZAREMBA
COUNCIL VICE PRESIDENT BRAD HOAGLUN
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIIZD
MAYOR TAMMY de WEERD
(TIE BREAKER)
(~~day of
VOTED l A ~
d
VOTED
VOTED
VOTED~1~-
~~
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VOTED
~~ ~ ~ ~,
p ~ ~ ~" ,
O \R 4 ~`r .min/ :e~yr "" ,wg, es ~ nF
Attest. ,,:. ~. ~(~f~. ~~:q
~~ ~~ r~q ~ J.~
fix' ` '
.._. ~h . ~. ~ ~ _ . ~~ ~
Jaycee H 1 an, City Clerk
r+ f 3 ~~+ I fp: ~` -: i 9 n~.L i yy~
~':~~ r d F.G `G
f ~ t^ c,
Co served upon Applicant, The Planl.,~~~` ht~i'~; Public Works Department and City Attorney.
pY ,~~,a~i~~~,
By:
Dated: ~L -R- ~e~~1
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). Cale #]
-3-
EXHIBIT A
STAFF REPORT
HEARING DATE: August 23, 2011
TO: Mayor and City Council E IDIAN~--
FROM: Sonya Wafters, Associate City Planner 1®A H O
(208)884-5533
SUBJECT: VAR-11-002 -Regency at River Valley
L 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.
The Meridian Citv Council heard this item nn Au ust 2 2011 At the nublic hearing the
,nuncil aonroved the subject VAR request
~, ummarv of .iri Council Puhlic Hearinti:
2 In favor Randy Rindlisbacher
i~ In nonosition: None
iii Commentinti• None
iz. Written testimony: Srntt Stanfield (in a reement with staff rennrtl
y, taff nresentin annlication: Sonya Waters
yi, Other staff cnmmentine nn annlication• Nnne
]n Kev iccnes of Discussion by Cnuncil:
None
~_, Kev Council Chanties to Staff/Commission Recommendation
i, None
III. PROPOSED MOTION (!o be considered after the public heariny~
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)
Regency at River Valley VAR-11-002
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EXHIBIT A
>v. 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 % mile south of E. Ustick Road, in the northeast '/< of Section 4, Township 3
North, Range 1 East.
Parcel #51104233914; 51104233920
B. Owner:
The Regency at River Valley, LLC
11650 S. State Street, #300
Draper, UT
C. Applicant:
Same as owner
D. Representative:
Scott Stanfield, Mason & Stanfield, Inc.
826 3`" Street South
Nampa, ID 83651
E. Applicant's State~nent/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 properly 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 Bile & 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:
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EXHIBIT A
- 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
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.
VH. 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 thus 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 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 tune as River Valley is extended, access is not available to this site
Regency at River Valley VAR-11-002
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EXHIBIT A
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
variance shall not be detrimental to the public health, safety, and welfare.
Staff is of the opinion the ftndings for a variance can be made for this request. Please see Exhibit B
for Staff's response to these ftndings.
IX. EXLIIBITS
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
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Exhibit A.l -Vicinity Map & Aerial Map
EXHIBIT A
Exhibit A.2 -Proposed Access Exhibit Map
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EXHIBIT A
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 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 fmdings:
A. The variance shall not grant a right or special privilege that is not otherwise allowed in the
district:
The City Council 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;
The City Council 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.
The City Council 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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