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Staff ReportSTAFF REPORT Hearing Date: TO: FROM: SUBJECT: Apri12, 2013 Mayor and City Council Bill Parsons, Associate City Planner (208) 884-5533 E IDIAN~--- IDAHQ VAR-13-001 - Knightslcy Estates Access Variance 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Iron Mountain Real Estate Inc., is requesting approval of a variance to allow aright- in/right-out access point to SH 20/26 (Chinden Boulevard). The applicant has submitted a concept plan depicting the proposed vehicular access point location (see Sections 7, 8 and 9 for further analysis). NOTE: The proposed concept plan is for illustrative purposes only and does not constitute approval from the Planning Division. 2. SUMMARY RECOMMENDATION Staff finds that the subject property has access to Linder Road, it is not consistent with the draft U.S. 20/26 Access Management Plan, the request for access to a state highway is not consistent with policies contained in the Comprehensive Plan, and it does not meet the findings criteria required in the UDC for the City Council to grant a variance (see Exhibit B for the required variance findings). Staff recommends denial of the subject variance application for the reasons stated herein. NOTE: ITD recently changed their access spacing policy contained in IDAPA Rule 39, Title 3, Chapter 42, and the proposed driveway appears to meet the new IDAPA rule for access location. 3. PROPOSED MOTIONS Denial After considering all staff, applicant, and public testimony, I move to deny File Number VAR-13-001 as presented in the staff report for the hearing date of Apri12, 2013, 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-13- 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-13- 001 as presented in the staff report for the hearing date of Apri12, 2013, for the following reason(s): (insert basis for approval here). OPTIONAL: I further move to direct Staff to prepare Findings and Conditions of approval for this project, to be considered at the (date certain) public hearing. 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: Northwest of N. Linder Road and Chinden Boulevard b. Owner: Knightsky Estates VAR-13-001 PAGE 1 Sea 2 Sea 827 E. Riverside Drive Eagle, ID 83616 c. Applicant: Iron Mountain Real Estate Inc. 3681 N. Locust Grove Road Suite #100 Meridian, ID 83646 d. Applicant's Statement/Justification: Please see applicant's narrative for this information. 5. PROCESS FACTS a. The subject application is for variance. A public hearing is required before the City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. b. Newspaper notifications published on: March 11 and 25, 2013 c. Radius notices mailed to properties within 300 feet on: March 8, 2013 d. Applicant posted notice on site by: March 16, 2013 6. LAND USE a. Existing Land Use(s): The site is being used for agricultural purposes. b. Description of Character of Surrounding Area: The area is rapidly transitioning with urban development. Residential uses abut the west and north boundary of the development. To the east and south of the site is developed or vacant commercial property. c. Adjacent Land Use and Zoning: 1. North: Brandt Subdivision; rural residential dwellings, zoned RUT (Ada County) 2. East: Commercial development, zoned C-3 (City of Eagle) 3. South: Vacant commercial property, zoned C-N and C-G 4. West: Spurwing Challenge Subdivision; single-family home sites, zoned R-8 d. History of Previous Actions: In 2006, the property, a.k.a. Knightsky Estates, was granted Annexation and Zoning (AZ-06- 005) approval by City Council with R-4, TN-C, and C-C zoning districts. A Development Agreement (DA) was approved with the annexation (Instrument No. 106122365). A preliminary plat (PP-06-004) was approved concurrently with annexation of the properly for 126 residential lots (24 townhouse lots and 102 detached single-family lots), 7 commercial lots, and 26 common/other lots on 55.83 acres of land. Private streets (PS-06-004) were also approved in specific locations within the development. • On February 10, 2009, a development agreement modification (MDA-08-008) was approved by City Council that tied both commercial, single family residential and townhomes elevations to the recorded development agreement. The subsequent development agreement was recorded as instrument #109082037. • In 2011, a portion of the property was rezoned (RZ-11-006) from the TN-C and R-4 zones to the R-8 and C-C zones. The R-8 portion of the property was sold off and is currently developing as a 9-hole executive golf course and estate lot subdivision known as the Surwing Challenge Subdivision. The R-8 portion of the property was removed from the original development agreement and subject to a new one (MDA-11-011). The remnant 9.34 acre Knightsky Estates VAR-13-001 PAGE 2 piece is partially developed and is the subject of the proposed variance application. This portion of the property is still governed by the previous recorded development agreements and requires a development agreement modification prior to moving forward with the development of the property. 7. UNIFIED DEVELOPMENT CODE The following UDC section is pertinent to this application (staff analysis in italics): • 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 agricultural use existed on the site with the annexation of the property. Although commercial zoning is approved for the site, development of the site has not commenced nor is it approved with the subject application. The submitted concept plan depicts how the property may redevelop in the future. Therefore this requirement is not applicable. b. The nature of the use does not change (for example a residential use to a commercial use). The applicant is proposing a substantial change of use of this site from agricultural to a mix of neighborhood commercial uses (e.g. retail, office, drive- through and restaurants).Staff finds the nature of the use is dramatically different than the current use of the property. 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 use on the site will significantly increase from agricultural to approximately 45, 000 square feet of commercial. 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. Because new and higher intense uses are proposed for the property, the use of the existing approaches shall cease and the approaches shall be removed. Although not constructed, the subdivision (Spurwing Challenge Subdivision) to the west is required to stub a public local street to this property consistent with the UDC. b. Public street connections to the state highway shall only be allowed at: i. The section line road; and With the approval of the Knightsky Estates Subdivision, ACHD approved a public street access to Linder Road. The submitted concept plan also depicts an access to Linder Road. ii. The half-mile mark between section line roads. These half-mile connecting streets shall be collector roads. A public street is planned to stub to the subject property at the west boundary. The planned roadway connects to an internal street network under construction with the Spurwing Challenge Subdivision that provides connectivity to Chinden Boulevard at the half mile. 3. The applicant shall construct a street, generally paralleling the state highway, to provide future connectivity and access to all properties fronting the state highway Knightsky Estates VAR-13-001 PAGE 3 that lie between the applicant's property and the nearest section line road and/or half- mile collector road. The applicant has submitted a concept plan that depicts a commercial drive aisle the parallels the state highway and ties into the street network approved with the Spurwing Challenge Subdivision. 8. COMPREHENSIVE PLAN The preservation of the SH 20/26 Corridor is one of the City's top priorities. The U.S. 20/26 Corridor Preservation Study, (ITD and Compass, ongoing,) identify preferred roadway configurations and recommend safety improvements to these high-volume and high-speed facilities. The City supports access management, congestion mitigation improvements and the beautification of the corridor called for in the study. Further, staff is of the opinion that the following objectives and goals from the Comprehensive Plan are applicable to the proposed variance request: • 3.03.02G -Consider the adopted COMPASS regional long-range transportation plan in all land use decisions. This plan recommends limiting access to the roadways to maintain mobility through the corridor. The proposed access point could hinder mobility in the area. • 3.03.02E -Encourage and promote the preservation and expansion of Chinden Boulevard (US 20/26) by ITD. Since the ordinance restricts access to SH2O/26, the City envisions limited access along the Chinden Corridor. Further, restricting access to this roadway supports the recommendation in the Corridor Preservation Study. • 3.03.02N -Reduce the number of access points onto arterial streets by using methods such as cross access agreements, access management and frontage/backage roads. The UDC restricts access to the SH2O/26. Once development is proposed for the site, the applicant will have to construct a backage road/commercial driveway that connects with the planned street network approved with the Spurwing Challenge Subdivision to the west and Linder Road to the east. 9. ANALYSIS a. Analysis Leading to Staff Recommendation VAR: The applicant is requesting approval of a variance to allow aright-in/right-out access point to SH 20/26 for a commercial development. The proposed access is located approximately 500 feet west of the of Linder/Chinden signalized intersection. For illustrative purposes, the applicant has submitted a concept plan depicting a neighborhood commercial development and additional access points to the development. UDC 11-3H-4B, regulates the standards for access to SH 20/26. Because the use of the site is proposed to change from agricultural to a neighborhood commercial development, access is restricted to the state highway. The owner of the site shall acquire access to a street other than the state highway. As mentioned above, ACHD approved an access point to Linder Road and the subdivision currently under construction to the west is required to provide local street access to the property. The approved street network 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. If the property develops with small scale neighborhood commercial development as shown on the concept plan, staff believes these roadways and the access to Linder Road should be sufficient to accommodate the amount of future traffic generated by the proposed development. Knightsky Estates VAR-13-001 PAGE 4 The Idaho Transportation Department (ITD) has submitted comments on the variance application. The proposed access point meets the District policies for granting approval of the proposed access however, the approval has not been granted because the proposed access violates City ordinance. ITD has not indicated what site improvements or safety measures would be required with the construction of the access point. A copy of the letter from ITD is attached as Exhibit.A.4. Although ITD states the proposed access point meets District policy, the City still retains the authority to restrict access into the site from the state highway. In order to grant a variance, the Council needs to make the following findings: 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; 3. The variance shall not be detrimental to the public health, safety, and welfare. Staff is of the opinion that granting a variance would allow a right or special privilege that is not otherwise allowed for properties that are adjacent to a state highway. Both the commercial property to the south and the residential subdivision to the west of this property have restricted access at the half-mile mark. Further, the ten (10) acre parcel on the southwest corner of Linder/Chinden was denied access to Chinden Boulevard. With development of the site, a backage road/commercial driveway will be required that connects to Linder Road and the residential subdivision to the west in accord with the UDC. Since future access can be facilitated from Linder Road, a firture commercial driveway and the road network approved with the Spurwing Challenge Subdivision, staff is of the opinion there are no site characteristics that create an undue hardship. Staff is of the opinion granting the subject variance could be detrimental to the public health, safety, or welfare by increasing the hazards associated with vehicles entering/exiting the site and merging with traffic travelling at high rates of speed on Chinden Boulevard. Staff finds that the subject property has access to Linder Road and from the property to the west and does not need access to SH 20/26; the driveway location is not consistent with the draft U.S. 20/26 Access Management Plan; the request for access to a state highway is not consistent with policies contained in the Comprehensive Plan; and the proposal does not meet the findings criteria required in the UDC for the City Council to grant a variance. Staff recommends denial of the subject variance application for the reasons stated herein. (See Exhibit B for required variance findings). 8. EXHIBITS A. Drawings 1. Vicinity/Zoning Map 2. Conceptual Site Plan Depicting the Proposed Access Point 3. Applicant's Narrative 4. ITD Comments B. Required Findings from the Unified Development Code Knightsky Estates VAR-13-001 PAGE 5 A. Drawings 1. Vicinity/Zoning W Hr: a Exhibit A -1- 2. Conceptual Site Plan (Proposed Access Point to Chinden Boulevard) . ~_ ~~;~ i ,~~, w~srfR SrtE Otv¢o'r~er~r pux_ ~- 4,.~- ~~~ i ~- - i i i °4~ ~ ~~ Exhibit A -2- 3. Applicant's Narrative KENT BROWN PLANNING SERVICES Febeuary 26, 2013 la4aidian City Pleeatie~g Depaebt~srtt 33 >; f.y Ave lriaidieet b 13642 RE: Vaeiaroe ltegreet hoer 11~ti-41.2 b CY~a Bhd ~KVVY7~26f Dear Staff: Iran Maunvsit Reel F.eYte Inc. is tegtreaeirr8 a varitetce fran the City of the Mayidian Urdfaeas 1]emelopttotr Code Ss~ioa 11-3H- 4.8.2. We ace ptopasiog a Riga-pYR~At-out eceoss point fly S00 feet w~eat of N. [ Road b t 8ivd (ploass see attached drawirgly. This crates b Chindat Bind ie regaioi b achieve a:tro~sfid ooauaercial dcvdopmaet an the nonhwat caner of W. t~hittden 8hd and N. Lida Road (wtict is coned torUaetmacai Developatau} Curttxuly dtae aec throe fipurwin~ devdopasmttx Spunvittg CoueNry ChrNOait oarae, t~ailtetge, and Olive Tree at Sprxwiag{, hereaf4a tefidted b as Spurwi~ developmam/z. Spurwi~ devebpmeata lave only' orte aces point b Clsindea Blvd. and one micraratteryatcy aoosea at dte far west side otthe devnlapateat. When el>a Spuewia~ devralopnaast k oontpkted the main aooess will be moved b Loeb Woe Road. Aftx the atoatxx is duin®ed Hte old etetrtatae will beeorne a aecattd micrdatta8ettey aooesa. Our propoaod aoceaf b f~rardea 8hd vvot9d peovide (aeoondsry) axes tar emerseetey aervioes b eaapoad b Spa>winR derdaptereab. The proposed axes b Chirrlort 161vd is oleo critical for our deveiopmeat am an areeymecy ewvioee a acrd for a viabis Coenetaa~d Devdoperettt at ~ s31e. The throe criteria for ~aafirgl a variaaoe ace onllieted bsbw and show Yet an aplauvval of 11re eageeett is oaru:k~eat wish peior apprt-vals. petrvidea no tteptive irrpaot alt asijlttoeit8 property artwtertt it the ewer vicitky, aed telps b peosect the lteaidt. safely and welters far the reaidenYo it rte area. Tte Vatiwee aha8 oat Brant a rtRltt err apscW ptivYeBsl6t~ i trot oNtstrtiss allaeved h tta JWict. ctianeatty tteee are bolt Fail, artd Rl~a-inlRi~t~art axes poiens existing alaMe ChieMlat Blvd (ItvVYY202i}. CArr regaested access pout is aoottrtabk b 1'ID under dtei aessw ~ ~ acoae. Tre VarMaes reMewra~ as taulw MaMtiip Uscaaer edtbe eiertreeseetNiea ottta else. The cdoseat exietitg aeooadary access b our devdopmeat is through ells SptrwiaR denrolopatatt, whici is a~plxnocimMoly 1700 feet war of this properly. To deny Ihis axes has a tteptira iatpact on our propaaed coer>rnacial developenertt cad the Spurwiag Abp. hP~Y ~ P~- Tts veaiaaeeatoll avt he detriosa/ai buts 1~ YeaMi+*atety and wsitare. Thy ri~tt-it and rigbtotx axes on Chindea Bhd pt+ovides Flee and offer anaRdtcy swwioa~ an itnprovad axes b the eammp+ci~ dovdopnatt, cad a amooeedsry acoaas b dre Spurwirg devalopttwnt. CIU has ghKa PAY +pP~+l (se attached letter) efdre Ri~rt-idll<i~t-out, Peck Irierid'wn t~ity's appt•vaL 3161 ~. SpritBwood Ck • NNoid'aut, Idtrlto 83642 • Tel.: 208-a71-Q042 In oonctrsian dee eoorroeFtic batefiCS of developing this coauneneiai property it oatweiile kaviaa the undeveloped withoat axoaa b w. Ctirrolar Blvd. I am ~. ri~tt-in and riBltt-out aooae a W. Chitdat Blvd be granted for this propeety. Thank yeu far ynur oorraideratiort. s• Kent Planers Exhibit A -3- 4. ITD Comments ~oAHa tDAHOi TRANAPORTATIKIN aEPIIRTINENT R©. Box. 8028 (208) 334-8300 '~ * Boise, iD 83707-2023 itd,idaho.gov 4 Q~ r'~a'ION Febn~ary 4, 2.013 Bill. Parsons Meridian Planning 33 East. Idaho Avenue Meridian, Idaho 83642 `'IA F113AIL Re: US 20-26 Access to the 31~orthwest Comer of Liaatder Road and CLindeas Bonkrard The Idaho Traaspaitatiosi Department has rtceived an encroachment application for a nevv private sweet approach to US 20-26 (Chiadtn Boulevard) appmaimately 500-R west of Linder Road The proposed sift plain is attached. TTD has recen*ed the application, die site plan, a traffic analysis aa~d dxe ptucasia4g fee. The application is still incoanplete because we have nat. received a copy of the deed showffig that the applicant coatmis the subject property. The applicant is Lan Mountain Real Estate Inc. The ITD Board recently changed the approach stparatioa standards. The proposed location and the submitted traffic analysis appear to mitt the newest Idaho Transportation Department policies. The stparation distance surpasses the minimum requirements and die applicant proposed the approach for ri~tt-ialright-out operation. TTD luis not processed tht application because the proposed approach Liolates City of Meridian policy. If you have any questions,. you may contact Matt Ward at 3348341 or me at 334-837?. Sincerely, ,~ ~ °~ r Dave Szpiett Development Services Manager dave.szplett([~itd.idaha_aov CC: Knit Brown Exhibit A -5- B: 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 and the Comprehensive Plan. Staff finds that if the City Council grants the requested variance requests to allow the right-in/right-out access to Chinden Boulevard, a special privilege will be granted to the subject property that would not otherwise be allowed for properties adjacent to a state highway. Both the commercial property to the south and the residential subdivision to the west of this property have restricted access at the half-mile mark. Further, the ten (10) acre parcel on the southwest corner of Linder/Chinden was denied access to State Highway 20/26. With development of the site, a backage road/commercial driveway will be required that connects to Linder Road and the residential subdivision to the west in accord with the UDC. B. The variance relieves an undue hardship because of characteristics of the site; The applicant has options to access the site to/from other roadways. Future access can be facilitated from Linder Road, a future commercial driveway and the road network approved with the Spurwing Challenge Subdivision. If the property develops with small scale neighborhood commercial development as shown on the concept plan, staff believes these roadways should be sufficient to accommodate the amount of future traffic generated by the proposed development. Therefore, Staff finds that there are no undue hardships that would prevent the applicant from developing the site in accord with UDC 11-3H-4B. 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 by increasing the potential for accidents with vehicles entering/exiting the site and merging with traffic travelling at high rates of speed on the highway. Further, ITD has not indicated what site improvements or safety measures would be required with the construction of the access point. Exhibit B -1-