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CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LA WAND
DECISION & ORDER
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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 (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 §
II-SA.
4. Due consideration has been given to the cornrnent(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). V AR-O5-021 - PAGE 1 on
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 § 11-5A 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 11/01/05.
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 of 3
B&tion of the City Council at its regular meeting held on the
'OI/e J'Ja.lJt;,,-, , 2 0 0 5 .
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c-lJ..
1.7 -- day of
COUNCIL MEMBER SHAUN WARDLE
VOTED $A-
VOTED~
COUNCIL MEMBER CHRISTINE DONNELL
COUNCIL MEMBER KEITH BIRD
VOTED~
VOTED ~
COUNCIL MEMBER CHARLIE ROUNTREE
-
MAYORTAMMYdeWEERD
(TIE BREAKER)
VOTED
Attest:
Attorney.
B:
Dated:Jj -,} \ - Òç
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
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KoW's Department Store / CentrePoint Marketplace
File No. V AR-05-021
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 Pennit (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-inIright-out and one full access approach pemrits. 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 ofthe site. The City Council has [mal 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:
e. Present Zoning:
Jonathan Seel, W.H. Moore Company
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 ofthe UDC;
Kohls-CentrePoint Access
VAR-05-021
PAGEl
CITY OF MERIDIAN 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 pennits for the project;
We believe we are grandfathered from the UDC based on discussions and mmexation
occurring before its adoption.
.
.
3. PROCESS FACTS
a. The subject application will in fact constitute a variance as detennined by City Ordinance, By
reason of the 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 171112005 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
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 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
Improvement), zoned C-G, and a 2I-acre parcel owned by Boise Church ofthe 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.
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer:
Location of water:
Extension of mains in Ustick Road
Extension of mains in U stick 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 11/01/05
2. Vegetation:
Agri cuI turallIrrigated
3. Flood plain: N/ 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 - N/ A
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
L 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 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 ~ 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
V AR-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 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.
7. 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-l,
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 permitted 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 ofthe 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 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."
8. EXHffiITS
A. Overall Concept Plan (by Stanley Consultants, from Traffic Impact Study)
B. Legal Description
C, Required Findings from UDC (Variance)
Koh1s-CcntrePoint Access
V AR-05-021
PAGE 4
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 1 IIOI/05
Exhibit A: Overall Concept Plan (Stanley Consultants)
Traffic Impact Study for
CeIl/rePaint MQrketp!oce, Meridian- lda.rw
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Kohl's Variance Application
Exhibit A Pagc 1
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 11/0J/05
Exhibit B: Legal Description
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PREPARED FOR W.H. MOORE
A parcel of land being a portion of the S E ~ of Section 32, Township 4 North., Range ¡ East,
Roise Meridian, Ada County, Idaho, more particularly described as follows;
BEGINNING at 8 brass cap m....king the sc>utheast comer of said section 32; thence along [he
south boundary of said section 32, said south boundary also being the centerline of East Ustick RQad,
North 89"44'36" West 195.23 feet, thence ¡ellving said south boundary along 11 line paralld with the
west boundary of the SE \<0 oflbe SE \<í of section 32;
North 00°30'05". East 25.00 to lID iron pin on the North Right.of-Way line of East Ustick
Road, thence leaving said North Right-of-Way line;
North 00"30'05" East 466.28 feet, thence
North 89"44'36" Weat 133.00 feet, thellce
North 00"30'05" East 994,14 feet, thence
North 28"02'00" West 267.86 feet, thence
North 44°52'35" West 94.43 fecrt, thence
North 31 "39'35" West 201.40 feet, thence
North 47"36'35" We¡¡t 44.58 feet to a point on the south boundary of Jasmine Acres
Subdivision, Book S9 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, thomce
South 89°46'35" East 121.80 reet, thence leaving said south bolUldary ofIasmine Acres;
ANNEXATION AND ZONING ORDINANCE (AZ.03-o25) - 2
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Kohl's Variance Application
Exhibit B Page 1
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFf REPORT FOR HEARING DATE OF 11/01/05
.
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South 89"46'35" East 193.6] feet to a point on the east 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 b¡:, and the same iB hereby annexed and
made a p!ll't of the City of Meridian, Ada County, Idaho.
SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian
hereinabove described shall be zoned General Retail and Service: Commercial District (C-G).
SECTION 4; That the City Engineer is hereby directed to ulter 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 this ordinan¡;e,
SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to the
terms and conditions of that certain Development Agreement by and between the City ofMcridian and
the owner of the land described in Section 1 dated the /2 th day of --.Ap.cLL---, 200i; and that
the uses are to be developed under the planned unit development process and conditional use pemlit
process.
SECTION 6: All ordinllnces, resolutions, orders orp!ll'ts thercofín conflict herewith are
hereby repealed, rescinded and annuJ]ed.
ANNEXATION AND ZONING ORDINANCE (AZ-O3-02S) - 3
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Kohl's Variance Application
Exhibit B Pagc 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 thefollowingfindings:
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 ITD. Since ITD already granted three approach pennits to the
Applicant (in a letter dated September 29,2005), the City Council finds 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 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 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 ofthe UDc.
C. The variance shall not be detrimental to the public health, safety, and welfare.
City Council finds that most of the 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 Seal O.seel@worldnetatt.net]
Sent: Thursday, November 10, 20051:49 PM
To: Brad Hawkins-Clark; Sharon Smith; Tara Green; Will Berg
Cc: Bill Nary; Ted Baird; Michelle Albertson; Cheryl Brown
Subject: RE: Kohl's/CentrePoint 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
-----Original 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 #V AR-05-021 for approval for the 11-15-05 City Council consent
agenda.
Brad Hawkins-Clark
11/10/2005
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