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HomeMy WebLinkAboutKohl's CentrePoint Access VAR-05-021 '..' ;;., 2.~; ::'j CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LA WAND DECISION & ORDER ,:-:-~!~t':>' "'. f<-"'~; cMe:i di;; : ç; , L ) ,\1-1(:> ~ '~'{"'-"'" ,.,~",/ In the Matter of a Variance Request to Allow Three Access Points onto N. Eagle Road by W.H. Moore Company Case No(s). V AR~05-021 For the City Council Hearing Date of: November 1,2005 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of 11/01/05 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of 11/01/05 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of 11/01/05 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of 11/01/05 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 (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title II 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 § II-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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR-O5-021 -PAGE 100 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. 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. 7. That this approval applies to the Legal Description in the attached Staff Report for the hearing date of 11/01/05 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 § II-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Variance application is hereby approved for the reasons cited in the staff report for the hearing date of 11/01105. D. Attached: Staff Report for the hearing date of 11/01/05. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). V AR-O5-021 - PAGE 2 00 BMtion of the City Council at its regular meeting held on the 'tJI/ern-~ ,2005. r I S-I! day of COUNCIL MEMBER SHAUN WARDLE VOTED $A.- VOTED ~ COUNCIL MEMBER CHRISTINE DONNELL COUNCIL MEMBER KEITH BIRD VOTED~ VOTED -? COUNCIL MEMBER CHARLIE ROUNTREE - MAYOR TAMMY de WEERD (TIE BREAKER) VOTED Attest: Attorney. B: rvu Dated: I j-d \ -ðÇ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). V AR-O5-021 - PAGE 3 of 3 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 11/01/05 STAFF REPORT City Council Hearing Date: 11/1/2005 Mayor and City Council Brad Hawkins-Clark, Principal City Planner ~..-. l . . ,: r~ t! -t' ¡ ~U /"nYII Îi[t1~- '-/VLor¡diãn :\; ,'. \:~1;:~,^\, L J.\l( '.._..j!j~ '1'1<1."1 ' . \,~'>-y' ~ TO: FROM: SUBJECT: KoW's Department Store 1 CentrePoint Marketplace File No. V AR-05-02l Variance request to allow three access points onto N. Eagle Road by W.H. 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 Permit (CUP) application for a Kohl's Department Store, proposes three new approaches to N. Eagle Road/State Highway 55, including one right-inlright-out and two full access driveways. On September 29,2005, the Idaho Transportation Department (ITD) approved two right-inlright-out and one full access approach permits. 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 KoW's CUP application pertains to approximately 8.5 acres at the south end of the 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. 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 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; Kohls-CentrePoint Access V AR-O5-021 PAGEl CITY OF MERIDJAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 11/01/05 . Kohl's offer would be withdrawn if access to Eagle Road was not obtained; ITD has already granted approach permits for the project; . We believe we are grandfathered from the UDC based on discussions and annexation occurring before its adoption. 3. PROCESS FACTS . a. The subject application will in fact constitute a variance as deteanined by City Ordinance. By reason ofthe provisions ofthe Meridian City Code Title 11, Chapter 5, Article A (Table 11-5A-l), 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 22"d 2005 4. 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 of Impact) 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 Improvement), zoned C-G, and a 21-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 ofthe 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. 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 Kohls-CentrePoint Access V AR-05-021 PAGE 2 CITY OF MERIDIAN PLANNING AND ZONING DEP ARTMENT STAFF REPORT FOR HEARING DATE OF 11/01105 2. Vegetation: A gri cui tural/Irri gated 3. Flood plain: NI A 4. CanalslDitches Irrigation: Layton Lateral 5. Hazards: None Identified 6. Size of Property: 58 acres 7. Description of Use: One, 96,000 s.f. department store (Kohl's) and retail/commercial development with approx. 600,000 s.f. of building area (conceptual) f. Subdivision Plat Information - NI A g. Landscaping - NI A h. Planned Development Characteristics - NI A i. Amenities - NI A j. Off-Street Parking (residential uses) - NIA k. Proposed and Required Residential Standards - NI A 1. Proposed and Required Non-Residential- NI A ill. 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 permits for Driveway #1 and #3 and a full movement access permit 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 ITD. The applicant's conceptual CUP site plan shows a new public, commercial street extending north of Us tick Road, beginning approximately )1i 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 ITD's and ACHD's actions and comments, please see the letters submitted with the application. 5. 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. 6. COMPREHENSIVE PLAN POLICIES AND GOALS The subject site is designated 'Mixed Use-Regional' on the Future Land Use Map. In Chapter VII of the Comprehensive Plan, this designation Kohls-CentrePoint Access VAR-05-021 PAGE 3 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 11/01/05 is defined in part as an area that is situated in highly visible or transitioning parts ofthe 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. 7. UNIFIED DEVELOPMENT CODE The following UDC sections are pertinent to tins application: a. Development along Federal and State Highways: Meridian City Code (MCC) ll-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 ll-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 ofthe use does not change (for example a residential use to a commercial use). 3. 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)." 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 b. the half-mile mark between section line roads. These half-mile connecting streets shall be collector roads." d. MCC ll-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." 8. EXHffiITS A. Overall Concept Plan (by Stanley Consultants, from Traffic Impact Study) B. Legal Description C. Required Findings from UDC (Variance) Kohis-CentrePoint Access V AR-05-021 PAGE 4 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 11101105 Exhibit A: Overall Concept Plan (Stanley Consultants) Traffic Impact Study fo,- Celll,-ePo;"t Marketplace, Me.ridian,/daho ._..._.~- ------"..-."...---- - u'----,.-", "'--'~'_._-'-"_._"---'-"""."..__._-' -.."," MIJ/JJ 1f(JE::'$ f\;J - ÞRJVf:W.4y.#<'f 9aoley <J:JŒultants _1 Q' 1/ all J<$NoIyll/6. SMII.:> 10<1 .Stv4...1 TIS .N-, do< e. SUriey ~ ~ Kohl's VaTiance Application Exhibit A Page 1 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 11/01105 Exhibit B: Legal Description "" PREPARED I<'OR W.K MOORE A parcel of ¡and being" portion of the SE Yo of Section 32, Township 4 North, Raug" 1 East, Boise Meridian, Ada CO1ll\ty, Idaho, mor" particularly described as fo])ows: BEGINNING at a bra8s cap m...-king the southeast comer of said section 32~ thence alnng Ihe south boundary of said section 32, said south boundary also being the cente.-line of East lJ..tick Road, North 1'19°44'36" West 1195.23 fe<:1, thence leaving said south boundary along a line plU'allcl with thc west boundary of the SF \Ii of the SE Y. of section 32; North 00°30'05". East 25.00 to an iron pill On the North Right-of-Way line of East Ustick Road, thence leaving said North Right-of-Way linc~ North 00°30'05" East 466.28 feet, thence North 89"44'36" WeBt 133.00 feet, thence North 00°30'05" East 994.]4 feet, thence NOM 28°02'00" West 267.86 feet, thence NOM 44°52'35" West 94.43 feel, thence North 3 °39'35" West 201.40 feet, thence North 47°36'35" West 44.58 feet to a point on the south houndaryof Jasmine Acre. Subdivision, Book 59 of Plats at pages 5829--30, records of Ada County, thence along said south boundary, South 89"46'35" East 1348.57 feet, thence South 00°30'21" West 225.00 feet, thence South 89°46'35" East 121-80 feet, thence leaving said south boundary of JasIl,inc Acres; ANNEXATION AND ZONING ORDINANCE (AZ-ú3-ú25) - 2 .'----..'-'-""'"""".'1 ¡ Kohl's Variance Application Exhibit B Page 1 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 11/01/05 . .. South 89°46'35" East 193.61 feci 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 survey was completed in connection with this description. SECTION 2: That the above-described real property be, and the same is hereby aooexoo and made a part of the City of Meridian, Ada County, Idaho. SECTION 3; That the real property herein by this ordinance Brulel<ed to tbe City of Meridian hereinabove: desaibed shall be zoned General Retail and Service Commercial District (C-G). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with t1ús ordinance. SECTION 5: The zoning designation set forth in Soction 3 of this ordinilIlce is subject to the terms and conditions of that certain Development Agreement by and between the City of Meridian and the owner of the land described in Section 1 dated the 12th dayof---.April-, 20oi', and that the uses are to be developed undl% the pl8lUlcd unit development process and conditional use pern¡Ìl process. SECTION 6: All ordinances, resolutions, orders or parts Ihl%eof in conflict herewith arc hereby repealed, rescinded Bnd annulled. ANNEXATION AND ZONING ORDINANCE (AZ-ú3-O25) - 3 '---'-----_. Kohl's Variance Application Exhibit B Page 2 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF II/OlIOS Exhibit C: Required Findings from UDC (Variance) The City Council shall apply the standards listed in Idaho Code 67-6516 and all thefzndings 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 followingfzndings: A. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: Section 11-3H~3 of the Unified Development Code (UDC) states that the City Council may consider and apply modifications to the standards of Article H upon specific recommendation of the lTD. Since lTD already granted three approach pennits to the Applicant (in a letter dated September 29, 2005), the City Council fmds that granting this variance would not grant a special right that has not already been given to the property. In addition, the City of Meridian annexed the property for commercial uses (C-G zone) in 2004, before the UDC was contemplated or adopted. The City Council finds that other properties adjacent to Eagle Road/SH-55 have not yet been annexed and do not have the same privilege as the subject property. They must be examined on an individual basis. B. The variance relieves an undue hardship because of characteristics of the site; City Council finds there are no phvsical 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 barriers to construct access Ustick Road. However, the City Council does find that the subject property received prior commitments from the City of Meridian through a Development Agreement (DA) which provided an option for vehicular access to Eagle Road/SH-55. Said DA was approved and recorded prior to the adoption of the UDc. C. The variance shall not be detrimental to the public health, safety, and welfare. City Council fmds that most ofthe accidents that occur on Eagle Road/SH-55 are taking place south of Fairview Avenue and not adjacent to this site. The City Council recognizes that ITD has been given the authority to plan, design and grant access points to state highways. In this case, the City Council agrees with ITD that the three access points will not be detrimental to the public health, safety and welfare. Kohl's Variance Application Exhibit C Page I Tara Green From: Jonathan See I U.seel@worldnetatt.net] Sent: Thursday. November 1 O. 2005 1 :49 PM To: Brad Hawkins-Clark; Sharon Smith; Tara Green; Will Berg Cc: Bill Nary; Ted Baird; Michelle Albertson; Cheryl Brown Subject: RE: Kohl'sICentrePoint Variance Findings Brad a couple of corrections: . On page 1 of the staff report it states there are two full access points and one right in right out. This should be one full and two restricted as mention in the balance of the report. . The owner is Kimball Properties, Winston Moore General Partner. . The site plan we provided with the variance application is not what is included in your report. . Jonathan Seel -----Orig ina I Message----. From: Brad Hawkins-Clark (mailto: hawkinsb@meridiancity.org] Sent: Wednesday, November 09,2005 12:49 PM To: Sharon Smith; Tara Green; Will Berg Cc: Bill Nary; Ted Baird; Michelle Albertson; Cheryl Brown; Jonathan Seel Subject: Kohl's/CentrePoint Variance Findings Attached please find the Findings of Fact for File #\IAR-O5-021 for approval for the 11-15-05 City Council consent agenda. Brad Hawkins-Clark 11110/2005 -ð LalRlMr ; I 1 I I u; I ~. " (/ .~- I IIIIIIII~ !lllillll~: ' G~ I =~ I . j¡~ II !ITI ;J! 1Ii;:¡~ "I;I~ ~.. ,~" I jI.. 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