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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 11/01/05
STAFF REPORT
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Mayor and City CouncIl "'~' ,~"'."A """.>~""'-' ;, .iO._.i...!1._.,;'
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Brad Hawkins-Clark, Pnnclpal City P1anner"o~:,,',.t~!~, (, 21305
Kohl's Department Store / CentrePoint Marketplace
File No. V AR~05-021
City Council
TO:
FROM:
SUBJECT:
Citv Of Meridiill"l
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Variance request to allow three access points onto N. Eagle Road by W.I-I.
Moore Company
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant is requesting a variance from Section 11-3H-4 of the Unified Development Code (UDC)
that prohibits new vehicle approaches to state highways. The Variance application, submitted
concurrently with a Conditional Use Pennit (CUP) application for a Kohl's Department Store, proposes
three new approaches to N. Eagle Road/State Highway 55, including one right-in/right-out and two full
access driveways. On September 29,2005, the Idaho Transportation Department (ITD) approved two
right-in/right-out and one full access approach pennits. The main reasons the applicant believes a
variance is justified are summarized in Section 3.h. on page 2 of this report.
The Variance application pertains to the 58 acres proposed as CentrePoint Marketplace (annexed under
the name "Blue Marlin") and the Kohl's CUP application pertains to approximately 8.5 acres at the south
end ofthe site. The City Council has final decision authority on the Variance application while the P&Z
Commission has final decision authority on the CUP application (scheduled for their 11/3/05 hearing).
2. SUMMARY RECOMMENDATION
Staff is recommending denial of the subject Variance application (V AR-05-021) for the reasons listed
herein. We do not find that the application meets all of the findings required in the UDC in order for the
City Council to grant a variance (see Exhibit C). Section 11.3H-3 of the UDC does state that the City
Council may consider and apply modifications to the standards of Article H upon specific
recommendation of the ITD. However, to staffs knowledge, no such recommendation has been provided
to date. (See the analysis, beginning with Section 9 on page 5 of this report, for more details.)
3. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
NW comer of Us tick Road and Eagle Road/SH55
Township 4N, Range IE, Section 32
b. Owner
Winston H. Moore
1940 Bonito Way
Meridian, Idaho 83642
c. Applicant:
Winston H. Moore
1940 Bonito Way
Meridian, Idaho 83642
d. Representative: Jonathan Seel, W.H. Moore Company
e. Present Zoning: General Retail and Commercial (C-G), Meridian
f. Present Comprehensive Plan Designation:
Mixed Use-Regional- 2002 Comprehensive Future Land Use Map
Koh1s-CentrePoint Access
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF] 1/01105
g. Description of Applicant's Request:
1. See Exhibit A (prepared by Stanley Consultants) for a copy of the overall conceptual
site plan which depicts the proposed driveway locations.
h. Applicant's Statement/Justification: The application lists the following key arguments for
allowing the new access points to Eagle Road/SH55:
. We began the process of securing access to Eagle Road before adoption of the UDC;
. Kohl's offer would be withdrawn if access to Eagle Road was not obtained;
. ITD has already granted approach pennits for the project;
. We believe we are grandfathered from the ODC based on discussions and annexation
occurring before its adoption.
4. PROCESS FACTS
a. The subject application will in fact constitute a variance as detennined by City Ordinance. By
reason ofthe provisions of the Meridian City Code Title 11, Chapter 5, Article A (Table II-SA-I), a
public hearing is required before the City Council on this matter.
b. Newspaper notifications published on: October 17th 2005 and October 31 st 2005
c. Radius notices mailed to properties within 300 feet on: October 14th 2005
d. Applicant posted notice on site by: October 22nd 2005
5. LAND USE
a. Existing Land Use(s):
Bare land
b. Description of Character of Surrounding Area:
services, rapidly urbanizing
c. Adjacent Land Use and Zoning
1. North: Low density residential and pasture land parcels, zoned RUT and
Agriculture (Ada Co. / Boise City Area ofImpact)
2. West: Champion Park Subdivision, zoned R-8. (The approved Planned
Development site plan for Champion Park shows an indoor storage facility adjacent to
the subject parcels.)
3. South: Three undeveloped parcels, zoned C-G with a Development Agreement
(DA).
Large lot residential, highway-oriented
4. East: The 38-acre Ustick Marketplace development (including Lowe's Home
hnprovement), zoned C-G, and a 2I-acre parcel owned by Boise Church of the Nazarene.
d. History of Previous Actions: In July 2002, the owner and City entered into a "Consent to
Annexation Agreement" where the City agreed to supply water and sewer service to the 58
acres and owner agreed to annex when contiguous to city limits. Also, File AZ-03-025,
Annexation and Zoning for Blue Marlin. Same property was annexed and zoned to General
Retail and Commercial (C-G) with a Development Agreement.
A related ongoing action to this application is a proposed Rezone in Boise City for the 1.00-
acre Olson parcel immediately north of the subject property. On October 3,2005, the Boise
P&Z Commission recommended approval of the Rezone to Neighborhood Office with a DA
that requires cross access be provided to the W.H. Moore parcel. The Boise City Council is
scheduled to hear this application on November 15, 2005.
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V AR-OS-O21
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 11/01/05
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer:
Location of water:
Extension of mains in Ustick Road
Extension of mains in Ustick Road
Issues or concerns:
None
2. Vegetation:
Agri cuI turallIrri gated
3. Flood plain: N/A
4. Canals/Ditches Irrigation:
5. Hazards: None Identified
6. Size of Property: 58 acres
7. Description of Use: One, 96,000 s.f. department store (Kohl's) and
retaiVcommercial development with approx. 600,000 s.f. of building area (conceptual)
f. Subdivision Plat Infonnation - N/ A
Layton Lateral
g. Landscaping - N/A
h. Planned Development Characteristics - N/A
i. Amenities - N/ A
j. Off-Street Parking (residential uses) - N/A
k. Proposed and Required Residential Standards - N/ A
1. Proposed and Required Non-Residential- N/ A
m. Summary of Proposed Streets and/or Access (private, public, common drive, etc.):
The applicant is proposing three new access points to Eagle Road/SH55 at the following
locations (see Exhibit A):
. Driveway #1 - 1,700 feet north of Us tick
. Driveway #2 (main access, aligned with Baldcypress) - 1,375 feet north of
Ustick
. Driveway #3 - 700 feet north of Us tick
As noted above, ITD issued right-inlright-out pennits for Driveway #1 and #3 and a full
movement access pennit for Driveway #2, until such time as median barriers are installed
on Eagle Road. In addition, the recorded DA between the applicant and the City requires
either a public or private street be constructed parallel to Eagle Road/SH55 that may
connect to the north boundary and may also connect to Eagle Road, if allowed by lTD.
The applicant's conceptual CUP site plan shows a new public, commercial street
extending north of Us tick Road, beginning approximately ~ mile west of Eagle
Road/SH55. The site plan shows this roadway continuing as a public street along their
west boundary, eventually stubbing to the north property line. Their plan shows private,
internal driveways connecting to this public street; such driveways run east-west and
connect to Eagle Road/SH55.
For a detailed report on both lTD's and ACHD's actions and comments, please see the
letters submitted with the application.
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V AR-05-021
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 11/01105
6. AGENCY COMMENTS MEETING On September 14th 2005 staff held an agency comments
meeting. All agencies attending provided comments for the CUP application. However, no comments
were provided for the Variance application. Please see the public record for the Variance file for any
written comments that may have been submitted by other agencies.
7. COMPREHENSIVE PLAN POLICIES AND GOALS The subject site is designated 'Mixed
Use-Regional' on the Future Land Use Map. 1n Chapter VII of the Comprehensive Plan, this designation
is defined in part as an area that is situated in higWy visible or transitioning parts of the City where
innovative and flexible design opportunities are encouraged. The MU-R has no upper limit on the square
footage of non-residential uses and is intended to allow a broad range of uses.
Staff also finds the following 2002 Comprehensive Plan text policies to be applicable to this application:
.
"Eagle Road is the major north-south arterial in Ada County. The capacity ofthis arterial should
be protected by minimizing the number and location of private driveway access connections to
this important roadway. The City should recognize, adopt, and help implement the Eagle Road
Access Control Study, prepared by ACHD in 1997." (Chapter VI, page 71)
"The capacity of arterial. . .roadways can be greatly diminished by excessive driveway
connections to the roadways. The City should cooperate with ACHD to minimize access points
on arterial. . .roadways as development applications are reviewed." (Chapter VI, page 72)
"Develop methods, such as cross-access agreements, frontage roads, to reduce the number of
existing access points on to arterial streets." (Chapter VI, Goal II, Obj. A, #12, page 79).
"Consider the Eagle Road CoITidor Study in all land-use decisions." (Chapter VI, Goal II, Obj. A,
#15, page 79).
"Restrict curb cuts and access points on. . .arterial streets." (Chapter VII, Goal IV, Obj. D, #5,
page 107)
.
.
.
.
8. UNIFIED DEVELOPMENT CODE
The following UDC sections are pertinent to this application:
a. Development along Federal and State Highways: Meridian City Code (MCC) 11-3H-1,
Purpose. One of the three purpose statements is to "limit access points to state highways in
order to maintain traffic flow and provide better circulation and safety within the community
and for the traveling public."
b. MCC 11- 3H -4.B, Standards: Access to State Highway 55 - "Use of existing approaches shall
be allowed to continue provided that the following conditions are met:
1. The existing use is lawful and property pennitted effective September 15, 2005.
2. The nature of the use does not change (for example a residential use to a commercial
use).
3. The intensity ofthe 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)."
c. MCC 11-3H-4.B.2, Standards - "If an applicant proposes a change or increase in intensity of
use, the owner shall develop or otherwise 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.
1. No new approaches directly accessing a state highway shall be allowed.
2. Public street connections to the state highway shall only be allowed at:
a. the section line road; and
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CITY OF MERJDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARlNG DATE OF 11/OJ/05
b. the half-mile mark between section line roads. These half-mile connecting streets
shall be collector roads."
d. MCC 11-3H-4,B.3, Standards - "The applicant shall construct a street, generally paralleling
the state highway, be designed to accommodate future connectivity and access to all
properties fronting the state highway that lie between the applicant's property and the nearest
section line road and/or half mile collector road."
9. ANALYSIS
9a. Analysis of Facts Leading to Staff Recommendation for Denial
Listed below are various documents in the public record pertaining to this application. The
relevant points within each document and an analysis of those points follows (staff's analysis in
italics). For additional analysis, see the Variance Findings in Exhibit C.
.
Develovment A!!reement (between W.H. Moore Co. and Citv of Meridian. Instrument
#105048793. recorded 4/21/05)
The DA includes three sections that specifically address access to Eagle Road/SH55:
a. Para. 4.1, which cites each ofthe Comprehensive Plan policies listed above
and more.
Said policies strongly discourage direct access to Eagle Road and/or arterials
in Meridian.
b. Para. 5.A.3, which states "Any future plan. . .shall show a continuous public
or private road system that goes from Ustick Road north and may connect to
the north boundary and may also connect to Eagle Road, if allowed by lTD.
The Developer shall provide further detail with the application for either a
CUP or a planned development for a roadway system within the project. . .and
such roadway system shall be consistent with the ITD and ACHD."
Staff concurs that this condition opens the doorfor a potential access to Eagle
Road. However, it allows for a potential of one connection, not three
connections, and does not commit the City to granting access either way. Staff
believes that ITD 's recent approval of three access permits is in potential
conflict with the next DA condition, which, at the most, commits ITD to only a
temvorarv access permit, not a permanent access.
c. Para. 5.F.2 (ITD's conditions), which states that "Access to a Principal
Arterial Type IV will be intersections only, spaced at. . . one-half mile
intervals in urban areas. Approaches (other than intersections) may be
permitted in special cases on a temporary basis as follows: 1) Allowed until
state highway system is improved by a construction project at which time an
access will be provided to the property, which may not directly access the
state highway system, but may be via a frontage or backage road, 2) Shall be
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARlNG DATE OF 11/01/05
recorded at the County Recorders Office, 3) Temporary access restrictions
will be noted on the pennit."
This condition was submitted to and adopted by the City in 2003 at the time of
ITD receiving the applicant's annexation application. It seems evident that
ITD's intent was to allow only temporary access to Eagle Road, if at all. This
contradicts the access permits granted in September 2005, which do not
appear to have any temporary restrictions.
.
Mayor de Weerd Letter to ITD (August 12.2005)
This is a letter of support that Mayor de Weerd sent to Eric Shannon, ITD District Engineer,
regarding their policy of signals along Eagle Road/SH55 being limited to every half mile. The
letter informs ITD of Meridian's intent to adopt Article H of the UDC which restricts access
to the half mile. The letter also states that the City of Meridian will support the results of
ITD's technical committee which was established to review signal spacing along the corridor.
.
Ea!!le Road Arterial Studv - Final Report (April 2004)
This study (not to be confused with the 1997 Eagle Road study referenced in Chapter VI of
the Comprehensive Plan) was endorsed by the City Council in a January 2005 letter to Eric
Shannon, ITD District Engineer, and was also endorsed by the ACHD Commission. The
study includes the following recommendations:
Para. 3.1.1, pg. 2: "The center median will be continuous over the length ofthe
colTidor. Breaks in the median will be provided at approximate one-quarter-mile
spacing, but final detennination of location of the median breaks should be flexible
enough to accommodate reasonable access to existing development on parcels with
existing access."
This recommendation implies that, at most, left-in and right-in/right-out turns would
be expected at the 'if mile, but not full movement intersections. Again, this seems to
conflict with ITD's approval of a full access permit. The applicant's "Main Access".
as shown on the concept plan, is located near this 'l4 mile location. It's unclear if
additional right-in/right-out approaches would be allowed with the median.
Para. 3.2.5, pg. 4: "ITD and ACHD should work together with the municipalities to
identify the specific public streets and private approaches on Eagle Road to be
closed, over time, via access consolidation, provision of secondary access, etc. . ."
As noted in a August J J, 2005 letterfrom Terry Little (ACHD Traffic Engineer) to
ITD, A CHD is working with property owners south of Wainwright Drive (north of the
subject property) to obtain what will ultimately be cross access from Ustick Road to
Wainwright. The Olson parcel immediately to the north has already agreed to cross
access. Staff believes the clear intent here is to provide the subject parcel with access
to Wainwright and to allow other parcels to the north access to Ustick Road, thus
reducing the need for direct access to Eagle Road.
Para. 3.2.6, pg. 4: "The existing circulation network within and between existing
developed parcels should be reconfigured to reduce the number of access points to
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 11/01/05
Eagle Road and to allow more local trips to be made without the need to travel on
Eagle Road. This concept should be incorporated into municipal planning and zoning
policies. . ."
Meridian's adoption qlthe UDC, Article H, demonstrates the City's commitment to
reducing the number of trips and potential accidents on Eagle Road.
.
ITD Open Permits on SH55 (fax dated Oct. 4.2005)
This fax states that there are five open and one legal access pennits on Eagle Road/SH55,
between mileposts 12.35 and 16.946. In addition, other access points are expected to be
requested by the Sadie Creek and Bienville developments, the Cliner family and a
prospective apartment developer on the east side of Eagle, across from River Valley Street.
This totals at least 10 new access pennits that are either open or being proposed within a 4 Y2
to 5 mile segment of the highway. The City Council should expect to review multiple
variance requests like the subject application in the future. While each case will be reviewed
on its own merits, there is a cumulative impact on the state highway's overall capacity that
needs to be considered with each and every variance application.
.
ITD Memorandum reo CentrePoint Marketplace (dated Au!!Ust 18. 2005)
This memorandum, which grants the three permits for CentrePoint Marketplace, includes the
following statements which staff believes should be taken into consideration by the City
Council in reviewing this application:
- America's National Highway System handles significant amounts oftraffic about 45%
of traffic on 3% of roadway network; therefore preserving high quality service on this
core network is vital to assure mobility and ultimately economic viability for a region.
The National Highway System (NHS) provides a high degree of mobility of
interconnected highways. State Highway 55 is a part of the NHS designated to
provide a high degree of mobility. A key element in preserving a roadway's mobility
function is managing access to the facility.
- Idaho Transportation Department needs to manage access because major arterials are
intended to provide a high degree of mobility and serve the longer trips. Since
movement, not access is their principal function; access management is an essential
tool to preserve capacity and safety. On a 4-lane road a maximum daily traffic for a
low access management can support 23,592 ADT for a level of service D, but ifthere
is a high emphasis of access management the same roadway can support 33,500 ADT
for the same level of service.
.
- Development occurs and additional points of access are created. These new access
points whether signalized or un-signalized reduce capacity, increases crashes,
increases motorist delay and reduce speed. The facility becomes congested with
numerous conflicts and crashes, lowers the level of service, increases costs for the
motorists and creates more demand for Capital Improvements.
Traffic Accident Data
Finally, to conclude staffs analysis, we obtained 2004 accident data from the Meridian Police
Department for the Eagle Road corridor. Of the top 10 intersections in Meridian for total
number of accidents, six of those intersections were along Eagle Road/SH55 (Overland,
Kohls-CcntrePoint Access
V AR-05-021
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 11/01/05
Magic View, St. Luke's, Franklin, Lanark and Fairview).
2004 TOP 10 MERIDIAN ACCIDENT LOCATIONS
INTERSECTION TOTAL # ACCIDENTS
EAGLE/FAIRVIEW 82
FAIRVIEW/LOCUST GROVE 46
MERI DIAN/OVERLAND 44
EAGLE/FRANKLIN 41
FAIRVIEW/RECORDS 39
EAGLE/MAGIC VIEW 30
EAGLE/LANARK 28
EAGLE/ST LUKES LN 26
MAIN/FRANKLIN 23
EAGLE/OVERLAND 20
In 2004,228 of 1,357 total accidents in the City (16.7%) occurred on Eagle Road. There is a
direct correlation between the number of access points/intersections along a roadway and the
potential for accidents. The higher the accessibility, the lower the mobility. While staff is not
arguing that every new driveway or public street access to Eagle Road will cause or be
directly responsible for accidents, we do believe restricting the number of new accesses helps
to ensure a safer roadway.
Applicant Anruments to Grant Variance
.
The applicant's arguments to grant the variance were summarized in Section 3.h of this report
(page 2). Please see the application for more details. Staff does not believe the applicant's
arguments meet the "findings test" for granting a variance. The fact that the applicant began
the process of securing access to Eagle Road before adoption of the UDC is not the right
question. The question required by the UDC (ll-3H-4.B.a) is, "Was there a lawful and
properly pennitted existing use effective September IS, 2005"? The answer is "no," because
the DA did not approve any specific uses or grant any use pennits for the property - it only
annexed the land and required all future uses to submit a CUP application. The Kolù' s CUP
application was filed before September 15th but has not yet had a public hearing or been
approved.
The fact that the Kolù's offer may be withdrawn if the variance is not granted, while
unfortunate, is not the question before the City Council. Variance applications need to be
reviewed on merits other than [mancial or monetary hardship.
The fact that ITD has already granted approach pennits is also not the issue at hand for the
City Council. The City Council is charged with enforcing the tenus of the recorded DA and
following the City's ordinances - in this case Article H of the ODC and determining the
variance based on the City's own findings. As noted above, staff does believe ITD's decision
to issue three, pennanent access pennits conflicts with their own requirements within the DA.
At most, temporary access pennits may have been allowed, not pennanent.
Finally, the applicant argues that they are grandfathered from the UDC based on discussions
and annexation occurring before its adoption. It is true that the DA includes a statement that
Kohls-CeotrePoint Access
V AR-05-021
PAGE 8
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 11/01/05
an access "may" be granted, if approved by lTD. However, the UDC explicitly states there
must be an "existing use that is lawful and properly pennitted" prior to September 15, 2005.
No such use has yet been approved.
9b. Staff Recommendation: Based on the Comprehensive Plan and UDC policies listed under
Section 8 of this report as well as the analysis of findings shown in Exhibit C, staff finds there is a
lack of evidence and grounds to grant new vehicular access points to Eagle Road/SH55. We find
the recorded DA and letters received from ITD during the 2003 annexation process make no
guarantees that permanent access points would be approved. Conversely, the only hint that new
access points may be allowed is found in condition #A.3.c on page 4 of the DA which uses the
words "may connect to Eagle Road, if allowed by lTD." Finally, we do not believe the
applicant's arguments meet the "findings test" for granting a variance. Therefore, staff
recommends denial of the subject application. We have prepared findings consistent with this
recommendation in Exhibit C.
to. EXHffiITS
A. Overall Concept Plan (by Stanley Consultants, from Traffic hnpact Study)
B. Legal Description
C. Required Findings from UDC (Variance)
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V AR-05-021
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 11/01/05
Exhibit A: Overall Concept Plan (Stanley Consultants)
Traffic ImpaCI Sl~dy for
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Kohl's Variance Application
Exhibit A Page 1
CITY OF MERlDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARJNG DATE OF 11/01/05
Exhibit B: Legal Description
i".
PREPARED FOR W.H. MOORE
A parcel of IlIIJd being II portion of Ihe SE ~~ of Section 32, Township 4 North, Range 1 East,
Boise Meridian, Ada Counly, Idaho, morc particularly described as follows:
BEGINNING Ilt II brass \:Sp marking tbe southeast come.- of said lIeI.-'ÛOD 32; thence wong the
south boundary ofsaid section 32. said !iOuth boundary also being the centerline of East Ustick Road,
North 89°44'36" West] ¡ 95.23 feet, Ihcnœ leaving said south boundary along a line parallel with Ihe
W"'It boundary oflhe Sf:. \<; orlbe Sf; \<; of :seçtion 32;
North 00030'OS", EaSI 2S,(IO to an iron pin On the North Right-of-Way line of East UslÌck
Road. thence leaving said North Right-of-Way line;
North 00030'OS" East 466.28 feet. thenœ
North 89°44'36" West] 33.00 feet, thence
North 00°30'05" E8.!It 994. I 4 feet, thence
North 28°02'00" Wes1267.86 feet, thence
North 44°52'3S" WeSI 94.43 feet, thence
North 31 °39'3S" Wes1201.40 feet. thence
North 47°36'35" West 44.58 feet 10 a point On the south boundary of Jasmine Acr""
Subdivision, Book 59 of Plats al pages 5829-30, records of Ada County, thence along said south
bowu1ary,
South 89°46'35" East 1348.57 feet, thence
South 00'30'2]" West 225,00 feel. thence
South 89'46'35" Easl 121.80 feet, thence leaving said $outh boundary ofJ"smine Acres;
ANNEXATION AND ZONING ORDINANCE (AZ-O3..o2S) - 2
._----/
Kohl's Variance Application
Exhibit B Page 1
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 11/0]/05
"<"7
17
.
.,
South 89°46'35" East 193.61 feet to a point on the cast boundary of said section 32, thence
along said east boundary,
South 00°30'22" West 1764.70 feet to the POINT OF BEGINNING.
Said parcel contains 59.32 acres, more or less, and is subject to, all covenants, rights, rights-
of-ways and easements of record.
This description is based on recorded information only. No field surv~ was completed in
connection with this description,
SECTION 2: That the above-described real property be, and the same is hereby annexed and
made a part of the City of Meridian, Ada County, Idaho,
SECTION 3; 1bat the œa1 property herein by this ordinance llJUJexed to tbe City of Meridian
hereinabove described shall be zoned General Retail and Service Commercial District (C-G),
SECTION of; That the City Engineer is hereby dinx:ted to alter all usc IIl1d lITea map~ as well as
the official zoning maps, oomprehensive plan and all official IILIIpS depicting the boundaries ofthc City
of Meridian in accordance wjth this ordinance.
SECTION S: The zoning designation set forth in Section 3 of this ordinance is subject to the
tenus and conditions of that certain Development Agreement by and between the City ofMc:ridian and
theowncr of the land descnDed in Section 1 dated the 12th dayof Apn' L.-, 2~ andthat
the uses are to be developed under the planned writ development process and conditional use permit
process.
SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are
hereby repealed, rescinded and annulled.
ANNEXATION AND ZONING ORDINANCE (AZ-O3-O25) . 3
'""".----
Kohl's Variance Application
Exhibit B Page 2
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 11/01/05
Exhibit C: Required Findings from UDC (Variance)
The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings
listed in Section 11-5B-4.E of the UDC to review the variance request. In order to grant a
variance, the Council shall make the followingfindings:
A. The variance shall not grant a right or special privilege that is not otherwise allowed
in the district:
If the City Council grants the three access points to Eagle Road/SH55, it would grant a
right that is cun-ently prohibited not only in the C-G zone but for all new development
adjacent to state highways. The applicant has more than 1,200 feet of frontage on Ustick
Road with which to design and take public street access. ill addition, the Olson parcel to
the north has a condition of their Rezone to grant a cross-access to the CentrePoint
development. ACHD is working to secure future cross-access agreements to help provide
access to Wainwright Drive at the half-mile in the future, which will be a signalized
intersection.
Section 11-3H~3 of the UDC does state that the City Council may consider and apply
modifications to the standards of Article H upon specific recommendation of the ITD.
However, to staffs knowledge, no such recommendation has been provided to date.
B. The variance relieves an undue hardship because of characteristics of the site;
Staff finds there are no physical characteristics of the site which demand access points be
constructed that are any more unique or different than other properties along Eagle
Road/SH55. For example, there are no major canals or ditches which prevent access to
Ustick Road. The subject property has no baITiers to construct access Ustick Road.
Granting one or more of the proposed access points may relieve some traffic congestion
within the site because southbound traffic on Eagle Road/SH55 would not be forced to
use Ustick Road to get through the UstickiEagle intersection; drivers could potentially
make a free right-out turn and avoid a left-hand turn on to Ustick Road from the site.
However, this is not tied to a physical characteristic of the site, which is what this finding
requires. ill addition, upon construction of a new traffic signal at the intersection of
Ustick Road and the new north~south public street near CentrePoint's west boundary, the
left-hand turn on to Ustick should be relatively simple. It may require more time than a
free right on to Eagle Road, but it is better than having to make left-hand turns on to
Ustick without a signal.
C. The variance shall not be detrimental to the public health, safety, and welfare.
Staff finds that granting the right-inlright-out access points to Eagle Road/SH55 has the
potential of increasing traffic conflicts due to the increased number of vehicles that will
need to merge with existing southbound traffic. Granting the full movement access has
the additional potential conflict of adding vehicles to the center turn lane. Since the
Ustick Marketplace development on the east side of Eagle Road/SH55 has already been
granted access pennits from ITD, there will be southbound vehicles using the center lane
for left-in turns to that development, competing with the left-out turns from CentrePoint
Marketplace. Once the center median is constructed, some of these potential conflicts
may be avoided, but it does not address the increased number of vehicles needing to
merge with southbound Eagle traffic. We recommend the Meridian Fire and Police
Departments provide further testimony on this issue.
Kohl's Variance Application
Exhibit C Page I