HomeMy WebLinkAboutCity Clerk ChecklistCITY CLERK FILE CHECKLIST
Project Name: Jacksons Food Store # 105 File No. VAC 08-003
Contact Name: Jack Davis Phone: 888-9508
Date Received from Planning and Zoning Department: July 30, 2008
Planning and Zoning Level:
❑ Transmittals to agencies and others:
❑ Notice to newspaper with publish dates:
❑ Certifieds to property owners:
Hearing Date:
and
❑ Planning and Zoning Commission Recommendation: ❑ Approve 0 Deny
Notes:
City Council Level:
x❑ Transmittals to agencies and others:
❑ Notice to newspaper with publish dates
❑ Certifieds to property owners:
❑ City Council Action:
Hearing Date: September 2, 2008
J u ly 30, 2008
08/11/08 and 08/25/08
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❑ Approve ❑ Deny
❑ Findings / Conclusions / Order received from attorney on:
Findings / Conclusions / Order:
R.salutl.-
Cnpmal Res / Copy Cent AQ".Mb k
Approved by Council:
copy Res / Copy Cerr. City Clerk
CityEnDnear
C,ry Planner
❑
Copies Disbursed:
CiIy Alromey
S.dnDC.dfiers
Protect File
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Findings Recorded
Deputy C19M
Copy Res, Cn Dinal Cert
Ada County (CPAs)
Development
Agreement:
Applicant(nomCPAs)
R.coraa°,An.no.a
Q ginal Minurebook
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Sent for signatures:
Cop-b City Clerk
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sire Treasurer, Auaror, Aga�or
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Signed by all
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City Engineer
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Recorded:
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❑
Copies Disbursed:
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❑
Approved by Council:
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❑
Recorded: 10 days
COPies j-fil icant
Deadline:
CiN Enpmeer
❑
Published in newspaper:
CIN Planner
Qry Anomey
Deputy 01..
❑
Copies Disbursed:
Notes:
Mayor Tammy de Weerd
City Council Members:
Keith Bird
Joe Borton
Charles Rountree
David Zaremba
TRANSMITTALS TO AGENCIES FOR COMMENTS ON
DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by
the Meridian City Council please submit your
comments and recommendations to Meridian City Hall
Attn: Jaycee Holman, City Clerk, by: August 26, 2008
Transmittal Date: July 30, 2008 File No.: VAR 08-007 & VAC 08-003
Hearing Date: September 2, 2008
Request: Public Hearing -Variance to UDC 11-3H-4B.2.a, which prohibits new approaches directly accessing a state
highway, to allow a right -in only access to the site from SH 55/Eagle Road and Vacation of Note #6, which prohibits
direct lot access to Eagle Rd & Pine Ave on the recorded plat for Porky Park Sub No. 1 for Jacksons Food Stores #105
By: Jacksons Food Stores #105
Location of Property or Project: 3291 E. Pine Avenue
Joe Marshall (No FP)
David Moe (No FP)
Wendy Newton-Huckabay (No FP)
Michael Rohm (No FP)
Tom O'Brien (No FP)
°ammy de Weerd, Mayor
Charlie Rountree, C/C
Joe Borton, C/C
Keith Bird, C/C
David Zaremba C/C
Water Department
Sewer Department
Sanitary Services (No VAR, VAC, FP)
Building Department / Rich Greene
Fire Department
Police Department
City Attorney
City Engineer
City Planner
Parks Department
Economic Dev. (CUP only)
Your Concise Remarks:
Meridian School District (No FP)
Meridian Post Office (FP/PP/SHP only)
Ada County Highway District
Ada County Development Services
Central District Health
Nampa Meridian Irrig. District
Settlers Irrig. District
Idaho Power Co. (FP,PP,CUP/SHP only)
Qwest (FP/PP/SHP only)
Intermountain Gas (FP/PP/SHP only)
Bureau of Reclamation (FP/PP/SHP only)
Idaho Transportation Dept. (No FP)
Ada County Ass. Land Records
Downtown Projects:
Meridian Development Corp.
Historical Preservation Comm.
South of RR / SW Meridian:
NW Pipeline
New York Irrigation District
Boise-Kuna Irrigation District
City Clerk's Office • 33 E. Idaho Avenue, Meridian, ID 83642
Phone 208-888-4433 • Fax 208-888-4218 • www.meridiancity.org
Hearing Date: September 2, 2008
File No.: VAR-08-007
Project Name: Jacksons Food Store #105
Request: Request for a Variance to UDC 11-3H-4B.2.a, which prohibits new approaches
directly accessing a state highway, to allow a right -in only access to the site from
SH 55/Eagle Road, by Jacksons Food Stores, Inc.
Location: 3291 E. Pine Ave., in the SW'/4 of Section 9, T.3N., R.IE.
File No.: VAC-08-003
Request: Request to vacate note #6, which prohibits direct lot access to Eagle Road and
Pine Avenue, on the recorded plat for Porky Park Subdivision No. 1.
i V
JUL 3 0 2008
I T i' 0 F 11%ERi-DiAN
CITY CLERK QFFICF
RECEIVED
E IDIAN
C��-
w_ity of Meridian Planning Department
COlVI1V SSYb1VT56TWIL REVIEW APPLICATION
Type of Review Requested (check all that apply)
❑ Alternative Compliance
❑ Annexation and Zoning
❑ Comprehensive Plan Map Amendment
STAFF USE ONLY:
❑ Comprehensive Plan Text Amendment
❑ Conditional Use Permit
File number(s): VAR-QR '1
❑ Conditional Use Permit Modification
❑ Design Review
❑ Final Plat
Project name: ja_" 6rt_
❑ Final Plat Modification
Date filed: 7 - I I -Og Date complete: -
❑ Planned Unit Development
SLp
❑ Preliminary Plat
Assigned Planner: j A tiv A 7TFY QS_
❑ Private Street
Related files: YAC -o1 -001
❑ Rezone
,
❑ Time Extension (Commission or Council)
❑ UDC Text Amendment
Hearing date: q-129 ❑ Commission Q Council
X Vacation (Council)
]K Variance
❑ Other
Applicant Information
Applicant name: Jacksons Food Stores, Inc.
Phone: 888-6061
Applicant address: P.O. Box 610 Meridian, ID
Zip: 83680-0610
Applicant's interest in property: X Own ❑ Rent ❑ Optioned ❑ Other
Owner name: Same as Applicant
Phone:
Owner address:
Zip:
Agent name (e.g., architect, engineer, developer, representative):
Firm name:
Phone:
Address:
Zip:
Primary contact is: X Applicant ❑ Owner ❑ Agent ❑ Other
Contact name: Jack Davis
Phone: 888-9508
E-mail:
Fax: 288-4389
Subject Property Information
Location/street address: 3291 E.Pine Ave.
Assessor's parcel number(s): R7138490010
Township, range, section: T3N, R1E, Sec, 9 Total acreage: 2
Current land use: Commercial Current zoning district:
C-G
660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org
l
Project Description
Project/subdivision name: Jacksons Food Store #105
General description of proposed project/request: _Access to Eagle Road & Vacation of Note 6 of the Porky Park Sub No 1
Proposed zoning district(s): Existing C-G
Acres of each zone proposed: No Change
Type of use proposed (check all that apply):
❑ Residential R Commercial ❑ Office ❑ Industrial ❑ Other
Amenities provided with this development (if applicable): N.A.
Who will own & maintain the pressurized irrigation system in this development? Owner
Which irrigation district does this property lie within? Settlers
Primary irrigation source: Settlers Secondary: City
Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): 21,686
Residential Project Summary (if applicable)
Number of residential units: Number of building lots:
Number of common and/or other lots:
Proposed number of dwelling units (for multi -family developments only):
1 Bedroom: 2 or more Bedrooms:
Minimum square footage of structure(s) (excl. garage):
Proposed building height:
Minimum property size (s.f): Average property size (s.f.):
Gross density (DU/acre-total land): Net density (DU/acre-excluding roads & alleys):
Percentage of open space provided: Acreage of open space:
Percentage of useable open space: (See Chapter 3, Article G, for qualified open space)
Type of open space provided in acres (i.e., landscaping, public, common, etc): _
Type of dwelling(s) proposed: ❑ Single-family ❑ Townhomes ❑ Duplexes
Non-residential Project Summary (if applicable)
❑ Multi -family
Number of building lots: I Other lots: 0
Gross floor area proposed: 5,172 S.F. Existing (if applicable): 5,172 S.F.
Hours of operation (days and hours): 24 Hours Building height: 28'
Percentage of site/project devoted to the following:
Landscaping: 21,686-25% Building: 5,172-6% Paving: 60,000-69%
Total number of employees: 4 Maximum number of employees at any one time: 4
Number and ages of students/children (if applicable): N.A. Seating capacity: N.A.
Total number of parking spaces provided: 43 Number of compact spaces provided: 0
Authorization
Print applicant name: on ood Stores, Inc.
Applicant signatur . i 7 ' Cam,
Date:
6 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642
. Phon (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org
2 (Rev. 414108)
3291
ABC 2 LLC
Page 1 of 1
ABC 2 LLC
V
ABC 2 LLC
PO BOX 15407
BOISE, ID 83715-1540
BLUE CROSS OF ID HEALTH SERV
3000 E PINE AVE
MERIDIAN, ID 83642-5995
DMB INVESTMENTS LLC
250 S BEECHWOOD # 120
BOISE, ID 83709-0000
PO BOX 15407
BOISE, ID 83715-1540
BOISE HOTEL ENTERPRISES LLC &
UPGREN STEPHEN R
705 09TH ST N
SARTELL, MN 56377-0000
HALKER VENTURES LLC
8645 W FRANKLIN RD
BOISE, ID 83704-0000
PO BOX 15407
BOISE, ID 83715-1540
C & E INVESTMENTS LLC
2002 N WEST SHORE BLVD FL 5
TAMPA, FL 33607-0000
JACKSONS FOOD STORES INC
3450 COMMERCIAL CT
MERIDIAN, ID 83642-0000
MERIDIAN METRO EXPRESS LLC NATIONAL WATERWORKS INC V J JOINT VENTURE
2700 AIRPORT WAY 1001 WASHINGTON AVE 3084 E LANMARK
BOISE, ID 83705-0000 WACO, TX 76701-0000 MERIDIAN, ID 83642-0000
Application Narrative
Jacksons Food Stores ("Jacksons") has applied for a variance from the City of
Meridian to permit Jacksons to construct a twenty foot (20') wide right -in only access
with a deceleration lane from Eagle Road just south of Pine Street onto the property
owned by Jacksons located at the southeast corner of Pine Street and Eagle Road
("Jacksons Property"), as more specifically set forth herein. Jacksons has also applied
to vacate Note No. 6 on the final plat of Porky Park Subdivision No. 1. Jacksons offers
this Narrative in support of these applications.
This Narrative addresses the following issues:
(1) The background and history related to this application;
(2) The manner in which the access design has evolved;
(3) The standards applicable to these applications;
(4) An analysis of the applications' compliance with the standards; and
(5) The concerns previously raised by Meridian's Staff, Planning and Zoning
Commission and City Council regarding access to the Jacksons Property.
A. Background
Supporting Exhibits
In support of this Narrative, the following documents have been attached to
provide additional background and explanation related to these applications:
Exhibit A — Second Judgment and Decree of Condemnation
granting access to the property directly onto Eagle Road
Exhibit B — Affidavit of Jack Davis
Exhibit C — Affidavit of Dale Binning
Exhibit D — Decision on Appeal, dated May 8, 2007, where
Senior Judge D. Duff McKee reversing ITD's denial of
Jacksons application for access
Exhibit E — Correspondence from Steven M. Parry, Deputy
Attorney General, dated November 9, 2007 including
ITD's proposed permit
-1-
06289.0048.1233247.2
Exhibit F — Correspondence from Steven M. Parry, Deputy
Attorney General, dated December 18, 2007 including
the final permit as well as confirming ITD's meeting with
the City of Meridian regarding ITD's conditional approval
of the access for Jacksons
Exhibit G — Correspondence from Patrick Dobie, PE to Kevin
Sablan of ITD District 3, dated March 17, 2008,
submitting a revised design for Jackson's access and
supporting data for ITD's review an approval
Exhibit H — Correspondence from Geoffrey M. Wardle to Steven
M. Parry and Kevin Sablan of ITD, dated May 7, 2008,
confirming ITD's approval of the design and attaching the
design and e-mail exchanges among ITD staff and Mr.
Dobie
Exhibit I — Site Plan submitted in conjunction with RZ 05-004
and CUP 05-012
Exhibit J — Site Plan submitted in conjunction with 2007
application VAR 07-002 and VAC 07-001
Exhibit K — Site Plan approved by ITD and submitted in
conjunction with this application
Exhibit L — April 2005 Letters from Dan Coonce
Exhibit M — 2005 Planning and Zoning Commission Hearing
Excerpt
Exhibit N — 2005 City Council Hearing Excerpt
2. Site History
The Dobaran family previously owned the Jacksons Property and used the same
for agricultural purposes. When the Idaho Department of Transportation ("ITD") initiated
a condemnation proceeding to acquire right of way for expansion of Eagle Road in the
late 1980's, ITD and the Dobarans entered into a stipulation for settlement resulting in
the Second Judgment entered by District Judge Newhouse on April 19, 1989. Exhibit A.
In the Second Judgment, ITD granted the Dobarans and their successors and assigns,
the right to develop future access directly on to Eagle Road.
The Second Judgment contains four specific provisions related to the accesses
that ITD granted to settle the condemnation action and how they would be developed:
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06289.0048.1233247.2
Paragraph 5 states:
Plaintiff [ITD] will construct, at its sole cost and expense, one
40-foot approach at Station 89+18.17 (easterly) side of
Project F-FR-3271(44).
Paragraph 6 states:
Plaintiff [ITD] hereby grants to Defendants [the Dobaransl or
their successors or assigns the right to construct in the
future, for develooment purposes on the Property a right of
access for a 60-foot wide right-of-way for a 41 foot
back-to-back of curb public street approach between 86+00
and 88+50. The cost of the construction of this approach
shall be at the expense of Defendants or their successors or
assigns.
Paragraph 7 states:
Plaintiff [ITD] further -grants to the Defendants [the Dobaransl
or their successors or assigns the right to close the access
Points referred to in Paragraphs 5 and 6 of this Judgment
and construct, at its sole expense and cost a right of access
for a 60-foot wide right-of-way for a 41-foot back-to-back of
curb approach between Stations 86+00 and 89+18.
Paragraph 9 states:
All points of access other than those described herein
between the subject property and Eagle Road are
extinguished.
Exhibit A (emphasis added).
Thus, the guarantee of access made by ITD to settle the condemnation action
with the Dobarans clearly envisioned future commercial development of the property.
Significantly expanded future access to Eagle Road was guaranteed than the single
agricultural access that ITD replaced. ITD expressly and explicitly acknowledged the
future right to develop full commercial access directly on to Eagle Road.
3. Jacksons' Applications
As envisioned, the property owned by the Dobarans that was subject to the prior
condemnation proceeding ultimately was developed commercially. Jacksons submitted
applications RZ 05-004 and CUP 05-012 to the City of Meridian in 2005 to develop the
WIE
06289.0048,1233247.2
property with a convenience store consistent with the site plan attached here to as
Exhibit I. In dealing with these applications, Jacksons utilized the services of its
architect, Dale Binning, and its director of construction, Jack Davis, to represent
Jacksons in dealing with Meridian Staff, the Meridian Planning and Zoning Commission
and the Meridian City Council.
The Meridian City Planning and Zoning Commission heard Jacksons'
applications on April 21, 2005. Thereafter, the Meridian City Council heard and
approved the applications on May 24, 2005. Meridian approved these applications,
subject to conditions of approval on May 24, 2005, and adopted the rezoning ordinance
on June 28, 2005.
Meridian forwarded Jacksons' land use applications to various agencies soliciting
their comments including ITD, which submitted two separate letters, one signed and
one unsigned, but both dated April 18, 2005. Both the signed and unsigned letters were
sent by ITD to Meridian over the signature of Dan Coonce, District Traffic Engineer.
Both letters were identical in their content:
We have reviewed the preliminary plan for the Jacksons
Food Store property and the right turn in to the property is
not acceptable to the Transportation Department. We would
prefer that the Jacksons Food Store develop all their access
from Pine Street. At this time we do not have any more
requirements for the development. The landscaping and
noise abatement shall be the responsibility of the developer.
A permit application for the approach should be obtained
thorough our permit agents. Please have the developer
contact Matt Ward (208)(334-8341) Or [sic] Larry Bronson
(208)(334-8328).
If you have any questions please feel free to contact me at
(208)(334-8340).
Exhibit L (emphasis added). Prior to Jacksons' hearing before the Planning and Zoning
Commission, Meridian Staff had incorporated ITD's preference in its staff report.
Meridian Staff incorporated ITD's preference in its oral presentation to the Meridian
Planning and Zoning Commission on Jacksons' applications.
At the hearing on Jackson's applications, the inclusion of ITD's requirement that
access be removed and that Jacksons initiate an application for such with ITD was
raised by then Planning Commissioner Zaremba who indicated that the access change
was being imposed at the behest of ITD and not Meridian and who made the following
inquiry of Jacksons' architect Dale Binning:
M
06289.0048.1233247.2
Zaremba: You have heard, I guess, and probably got a
separate notice from ITD about the access on Eagle not
being allowed? —
Benning[sic]: Correct.
Zaremba: You can work with that?
Benning[sic]: Yeah. Correct. We, actually, went over and
met with ITD and went over the plan and discussed what
they were planning with the right turn lane and how that's
going to work and so we -- we got that first hand.
Exhibit M (emphasis added).
Dale Binning's response as to these questions did not surrender or waive
Jackson's right to access Eagle Road directly. As set forth in the Affidavit of Dale
Binning and the Affidavit of Jack Davis, in complying with ITD's request, Jacksons did
not waive or surrender any right under the Second Judgment. Jacksons'
representatives had no authority to waive Jacksons legal rights under the Second
Judgment and nothing in the prior record indicates that Jacksons' representatives
knowingly waived any legal right or claim that it possessed under the Second Judgment.
Exhibits B and C.
At no time were either Jacksons or its representatives ever informed by Meridian
or ITD that compliance with the proposed conditions of approval would permanently
waive Jacksons' right to access under the Second Judgment and preclude Jacksons
from seeking such in the future. At no time did Jacksons or its representatives take any
action that would waive Jacksons' right to access under the Second Judgment and
preclude Jacksons from seeking such in the future. Exhibit M and N. Moreover,
nothing in the prior record establishes that either Meridian or ITD were in fact requesting
such a waiver of rights under the Second Judgment. Exhibits B and C. In fact, although
Jacksons revised its site plan consistent with Meridian's conditions of approval imposed
at the behest of ITD and signed the plat reflecting such, it was simultaneously applying
for an encroachment permit as Dan Coonce had directed in the April 2005 letters to the
City of Meridian.
Jacksons and its representatives acted as ITD staff had directed in the April 2005
letters by submitting application to ITD for the proposed approach. In making such an
application, Jacksons retained Dobie Engineering, Inc., to prepare a traffic study and to
redesign the proposed right in access. Dobie Engineering did so and in June of 2005,
Jacksons' requested a right-of-way encroachment permit by submitting an application to
ITD for a "new approach" on Eagle Road to the Jacksons Property. The approach
submitted to ITD proposed a right -in only approach onto the Jacksons Property off
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06289.0048.1233247.2
Eagle Road with a free right turn lane being constructed to improve the safety at the
site. Exhibit J.
Only after that approach application was submitted by Jacksons, did ITD Staff
acknowledge Jacksons' rights set forth in the Second Judgment. However,
notwithstanding the plain language of the Second Judgment, ITD Staff asserted that ITD
had acquired all the access for the property via the Second Judgment and therefore
denied the approach application. Jacksons appealed ITD's denial of its access request.
The administrative process then ensued, culminating in the hearing officer issuing a
preliminary order in favor of granting Jacksons access. The preliminary order which
was favorable to Jacksons was, however, appealed to ITD's Director by ITD Staff.
ITD's Director reversed the hearing officer. Jacksons then appealed that reversal and
denial of access in a petition for judicial review. The judicial review culminated in the
decision of ITD's Director being reversed by Sr. Judge D. Duff McKee as set forth in his
Decision on Appeal dated May 8, 2007. Exhibit D.
During the pendency of that appeal before Judge McKee, Jacksons returned to
the City of Meridian and submitted the applications designated as VAR 07-002 and VAC
07-001 seeking a variance from the requirements of the Meridian code and to vacate a
plat note. In support of those applications, Jacksons submitted the revised site plan that
had been submitted to ITD in 2005. Exhibit J. Those applications were heard in
February 2007 and were ultimately denied. ITD had opposed those applications based
upon its prior denial, which was then still on appeal.
However, upon the issuance of Judge McKee's decision, ITD acknowledged
Jacksons' right to access, entered into settlement negotiations with Jacksons, and
indicated that it was prepared to communicate its change in position to Meridian.
Exhibit E. The initial draft permit and proposed communication to Meridian was
transmitted to Jacksons' counsel on November 9, 2007. Thereafter, ITD issued a
permit conditioned upon Meridian's approval, communicated its changed position to
Meridian and conditioned final approval of the permit upon Jacksons obtaining approval
of revised access from Meridian. That was communicated to Jacksons counsel on
December 18, 2007. Exhibit F.
Based upon those actions by ITD, Jacksons' traffic engineer and District 3
Engineering Staff met and negotiated the ultimate design of a right in only access
acceptable to ITD. After months of negotiation and design, Dobie Engineering, Inc.,
submitted a revised and final design to ITD in March of 2008. Exhibit G. The revised
design differed significantly from all prior iterations. Exhibit K. District 3 Engineering
Staff ultimately accepted this latest design and gave its approval in May of 2008.
Exhibit H. With a reengineered access and mitigation plan that has been conditionally
approved by ITD, Jacksons now renews its request for a variance and vacation of the
plat note at issue here.
06289.0048.1233247.2
B. Evolution of Access Design.
1. Original Access Design
When Jacksons originally applied to develop this site in 2005, its access proposal
was for a right in access directly from Eagle Road. That original design is attached
hereto as Exhibit I. That design was submitted to Meridian in conjunction with
Jacksons' prior applications RZ 05-004 and CUP 05-0012. That design did not address
the potential impact that a right turn access would have on Eagle Road and did not
represent a full engineering of the required road improvements.
2. Access Design Submitted to ITD and to Meridian
In support of Jacksons' application to ITD for an approach from Eagle Road in
2005, Jacksons retained Dobie Engineering, Inc., to engineer the proposed access.
Recognizing the potential safety issues created by the proposed right in access relating
to stacking on to Eagle Road and the need to be consistent with ITD's ultimate build out
of the intersection, the right in access was reconfigured to provide for a declaration lane
and taper as well as to provide for a free right turn onto Pine Street was proposed to be
constructed by Jacksons to mitigate any safety issues arising from the application. That
design is attached hereto as Exhibit J. That design was then submitted to Meridian in
conjunction with Jacksons' prior applications VAR 07-002 and VAC 07-001.
3. 2008 Access Design Approved by ITD
The current approach design, conditionally approved by ITD pending Meridian's
approval of these applications, is a twenty foot (20') right -in only approach. This access
design includes a one hundred twenty foot (120') taper plus a seventy foot (70') turn bay
in front of the entrance to a one hundred sixty foot (160') slip lane. This design has
been engineered to conform to AASHTO requirements for 50 MPH design speed. This
revised approach is based upon six months of negotiation and engineering discussions
with ITD to develop a design satisfactory to District 3. District 3 Engineering Staff is
now satisfied with Jacksons' design and has approved the newly designed approach
conditioned only upon Meridian's approval of the same under this variance application.
Moreover, the current design seeks to address the City Council's expressed concerns
related to stacking and truck access. The current design is attached hereto as Exhibit K
and is submitted herewith in support of these applications.
C. Standards
With that background, we now turn to the standards applicable to Jacksons'
request for a variance and a vacation of the plat note.
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06289.0048.1233247.2
1. Variance Standards
Under the Meridian Unified Development Code, the Meridian City Council must
make the following findings in order to grant a variance:
a. The variance shall not grant a right or special privilege that is
not otherwise allowed in the district;
b. The variance relieves an undue hardship because of
characteristics of the site; and
C. The variance is not detrimental to the public health, safety,
and welfare.
Meridian City Code Section 11-5B-4(E)(1) — (3); See also Idaho Code Section 67-6516.
2. Vacation Standards
Chapter 13, Title 50 of the Idaho Code sets forth the process and standards for
the vacation of a plat, or part thereof. Specifically, Section 50-1306A(3) provides that
Meridian may grant the request to vacate with such restrictions as Meridian deems
necessary in the public interest.
D. Analysis of Standards
Jacksons' variance application meets the variance standards set forth in the
Meridian Unified Development Code.
First, the variance does not grant Jacksons a right or special privilege not
otherwise allowed in the district as the Jacksons' deed granted Jacksons two accesses
from Eagle Road to the Jacksons Property. It is important to note that Jacksons'
deeded rights of access predate the adoption of the UDC. The Second Judgment
granted the Jacksons Property very specific access rights in consideration for the
condemnation that was required to permit the reconstruction of Eagle Road. Meridian is
not being called upon to recognize any special right or privilege but instead to merely
acknowledge and recognize the rights granted in the Second Judgment. In this
variance application, Jacksons is only requesting one curb cut from Eagle Road in
response to concerns previously expressed by Meridian and Jacksons only seeks right
in access, as opposed to a full access or a right in/right out access which arguably
would be permitted under the Second Judgment. Additionally, ITD's denial of Jacksons'
request for a right -in access from Eagle Road to the Jacksons Property was reversed by
Senior Judge D. Duff McKee and remanded to ITD. Subsequently, ITD has
conditionally approved Jacksons' request for a right -in access from Eagle Road to the
Jacksons Property based upon the Exhibit K design.
06289.0048.1233247.2
Secondly, the variance will relieve an undue hardship to Jacksons that is present
due to the characteristics of the Jacksons Property. In reconstructing Eagle Road, ITD
acknowledged and recognized the right that the Jacksons Property possessed to direct
access onto Eagle Road. Those rights were set forth in the Second Judgment.
Jacksons finds itself, however, in the position of owning
ontage on
state highway, possessing deeded access rights grantedconsideration rfor a prior a
condemnation, and possessing access design approval from ITD, but denied the
exercise of such by municipal ordinance and regulation adopted after Jacksons
developed its property. Depriving Jacksons of those rights has the effect of taking a
significant portion of the consideration that was given for that condemnation originally
and the value such rights had to the property.
Idaho has long recognized that the elimination of access from private property
adjoining public right-of-ways onto that public right-of-way is a taking of private property.
Denial of access constitutes a taking of private property in violation of the constitutional
prohibitions against taking private property without the payment of just compensation.
Weaver v. Village of Bancroft, 92 Idaho 189, 193, 439 P.2d 697, 701 (1968); Lobdell v.
State of Idaho, 89 Idaho 559, 407 P.2d 135 (1965); Village of Sandpoint v. Doyle, 14
Idaho 749, 758-60, 95 P. 945, 947-48 (1908). Such a deprivation is even more
disconcerting when the access rights being eliminated were in fact the just
compensation offered for a prior taking. It is an undue hardship to not have the access
that was always envisioned for the property and that was in fact granted by the State of
Idaho. Ultimately, the deprivation of Jacksons' access rights by municipal ordinance,
not only ignores the distinct and sovereign power of the State of Idaho to regulate the
state highway system pursuant to Idaho Code 67-6528 but also constitutes the taking of
a property interest without payment of just compensation.
Finally, the requested access actually increases public health, safety, and
welfare in comparison to the access requested by Jacksons in 2005 as the new design
improves safety and decreases the speed of vehicles turning from Eagle Road to the
Jacksons Property. All vehicles exiting from Eagle Road onto Jacksons Property will be
separated from traffic continuing south or seeking to turn east on Pine Street and will
have a significant distance within which to decelerate prior to entering Jacksons
Property. The construction of the free right turn lane, in addition to the right in only
access that Jacksons proposes, addressing circulation and conflict at the property's
western most access on Pine Street will be reduced. This will permit a higher volume of
traffic to pass through the intersection while reducing the turning conflicts into the
Jacksons Property from north bound traffic which will now exit before the intersection
and not stack into Pine Street impeding traffic traveling east on Pine Street. Moreover,
the approved access design, with the free right turn, dedicated deceleration lane, and
segregated entrance will improve public safety on Eagle Road.
With respect to the requested vacation of the plat note, conditioning approval
upon the construction of the approved design ensures that the public interest is served
WOE
06289.0048.1233247.2
as safety is improved at the intersection and further ensures that new development
mitigates its impact upon public systems and facilities.
E. Specific Issues Previously Raised by Meridian's Staff, Planning and
Zoning Commission and City Council.
In.the course of the proceedings related to the Jacksons Property various
concerns have been raised by Meridian's Staff, Planning and Zoning Commission and
City Council. Jacksons will address each of the specific concerns that have been
previously raised as they relate to the ITD approved access that is being sought in this
instance.
1. Meridian Staff previously expressed concerns that a variance
would interfere with ITD's proposed designs for Eagle Road.
Meridian Staff has raised concerns related to the impact that the proposed
access would have on ITD's proposed design for Eagle Road in the future.
Notwithstanding ITD's prior objection to prior applications, ITD has withdrawn those
objections as set forth in its December 14, 2007 letter set forth in Exhibit F. The
proposed design set forth in Exhibit K improves the safety at the intersection, complies
with AASHTO requirements, and minimizes Jacksons' potential impact on traffic by
providing a significantly longer deceleration lane and segregation of the free right turn
and the deceleration lane serving the right in only access. Moreover, it is important to
note that the design set forth in Exhibit K has been approved by ITD and a conditional
permit for its construction has been issued. Exhibits E, F, G and H.
2. Previously, the Meridian Staff expressed concern that Eagle
Road, a 50 mph road, people are going to have to slow way down to get into
Jacksons and the City Council expressed concerns with the safety of access to
the Jacksons Property.
Meridian Staff and City Council both raised concerns regarding the speed and
flow of traffic on Eagle Road. The proposed design set forth in Exhibit K improves the
safety at the intersection, complies with AASHTO requirements, and minimizes
Jacksons' potential impact on traffic by providing a significantly longer deceleration lane
access. The proposed design addresses these issues and will provide adequate and segregation of the free right turn and the deceleration lane serving the right in only
deceleration and stacking for vehicles accessing Jacksons without adversely affecting
traffic on Eagle Road.
3. Meridian Staff previously expressed concerns that granting a
variance would be detrimental to the public health, safety, and/or welfare.
Meridian Staff has raised concerns regarding the impact the variance would have
on public health, safety and/or welfare. Reflecting the standards applicable to variance
-10-
06289.0048.1233247.2
applications, Staffs concerns have been addressed as noted above, in particular, the
proposed design enhances public safety by providing for a free right turn lane from
Eagle Road to Pine Street, segregating those vehicles turning right to access Jacksons
from the traffic turning right to head east on Pine Street, providing a greater deceleration
lane area and improving on site circulation to ensure traffic does not stack into Eagle
Road. Moreover, it is important to note that the design set forth in Exhibit K has been
approved by ITD and a conditional permit for its construction has been issued. Exhibits
E, F, G and H.
4. The City Council expressed concern that Meridian Planning
and Zoning Commission had discussed the "no access to Eagle Road" condition
with respect to the Porky Park Subdivision No. 1 plat at some length as condition
to plat approval.
Previously, the City Council expressed concern that there be "no access to Eagle
Road" as a condition of the approval of the plat. It is clear from the record related to the
various applications that at no time was it communicated to Jacksons that it would be
surrendering its rights of access under the Second Judgment. In fact, ITD's
communication clearly invited and directed Jacksons to submit -an application to ITD
making it appear that the elimination of access was merely temporary. ITD has now
recognized Jacksons' right to access and has approved a right in only access to
Jacksons Property. Jacksons has sought to minimize the impact on traffic on Eagle
Road by reducing the scope and scale of its requested access from the right to a full
commercial access on Eagle Road consistent with the Second Judgment and instead
merely seeks a right turn in only access from Eagle Road.
5. The Meridian City Council had expressed concern that the
proposed right in access would cause trucks and cars to stack into Eagle Road
and cause congestion.
The City Council's prior concerns regarding the stacking of traffic into Eagle
Road and its impact upon the flow of traffic have been fully addressed. The design set
forth in Exhibit K that has been approved by ITD addresses each of these concerns.
First, a significantly longer deceleration lane has been proposed for the approved
design set forth in Exhibit K. This provides greater transition for vehicles entering the
Jacksons Property. Second, the point of access on site has been moved to the north so
that vehicles enter the Jacksons Property at an existing drive aisle as opposed to a
parking area. Third, the point of transition from Eagle Road has been moved as far to
the south as possible in light of existing improvements in the right of way. Fourth, unlike
the original proposal submitted to Meridian in 2005, consideration has been given to
mitigate the impact on through traffic by constructing the free right turn lane on to Pine
and for providing greater deceleration for both that right turn land and the right in only
access. Fifth, because Jacksons seeks only limited right in only access to the Jacksons
Property, as opposed to the full commercial access the Second Judgment affords,
-11-
06289.0048.1233247.2
Jacksons has been willing to minimize the amount of vehicular conflict that could occur
at the Jacksons Property.
6. The Meridian City Council had expressed concern with truck
traffic at the Jacksons Property.
Jacksons has sought to address the concerns that the City Council has
previously raised regarding truck traffic at the Jacksons Property. First, with the longer
deceleration lane and the free right turn land that have been proposed for construction,
Jacksons has addressed the concerns with the speed of traffic off the Jacksons
Property. Second, with the design set forth in Exhibit K that ITD has approved,
Jacksons has moved the access away from the parking area adjacent to its truck pumps
and instead has proposed distributing traffic onto the Jacksons Property directly onto
the existing drive aisle on the west side of the store. This will reduce the potential
conflicts the City Council had expressed before. Third, as set forth in the record relating
to VAR 07-002 and VAC 07-001, Jacksons is amenable to a condition of approval
limiting truck traffic through the proposed access point.
7. The Meridian City Council had expressed concern that even
though Jacksons may have had an access right via the deed, Jacksons waived
that right when it accepted the annexation and zoning and the preliminary plat.
The record developed in the various proceedings related to the Jacksons
Property demonstrates that Jacksons did not waive any rights that it possessed to
access to the Jacksons Property. More importantly, it is evident from such record that
Jacksons, ITD and Meridian were all of the understanding that based upon ITD's
original objections that Jacksons would have the right to and was in fact directed to go
apply to ITD for such access.
Waiver is defined as "a voluntary, intentional relinquishment of a known right or
advantage." Margaret H. Wayne Trust v. Lipsky, 123 Idaho 253, 256 846 P.2d 904, 907
(1993). To establish a waiver, the intention to waive must clearly appear. Id. Thus,
"waiver will not be inferred except from a clear and unequivocal act manifesting an
intent to waive." Medical Serv. Group v. Boise Lodge 310,126 Idaho 90, 94, 878 P.2d
789 (Ct. App. 1994). The party asserting waiver must show that he acted reasonably in
reliance upon it and that he has altered his position to his detriment. Margaret H. Wayne
Trust, 123 Idaho at 256, 846 P.2d at 907.
Dale Binning's response as to these questions did not surrender or waive
Jackson's right to access Eagle Road directly. As set forth in the Affidavit of Dale
Binning and the Affidavit of Jack Davis, in complying with ITD's request, Jacksons did
not waive or surrender any right under the Second Judgment. Exhibits B and C. At no
time were either Jacksons or its representatives ever informed by Meridian or ITD that
compliance with the proposed conditions of approval would permanently waive
Jacksons' right to access under the Second Judgment and preclude Jacksons from
-12-
06289.0048.1233247.2
seeking such in the future. More importantly, Jacksons' representatives had no
authority to waive Jacksons' legal rights under the Second Judgment and nothing in the
prior record indicates that Jacksons' representatives knowingly waived any legal right or
claim it possessed under the Second Judgment. Moreover, nothing in the prior record
establishes that either Meridian or ITD were in fact requesting a permanent and
absolute waiver of rights under the Second Judgment. Exhibits B and C.
Jacksons' compliance with the conditions of approval imposed upon its
application originally did not constitute a waiver of Jacksons' rights to pursue access
consistent with the Second Judgment. Jacksons did revise its site plan consistent with
the conditions of approval and made the required owner's acknowledgement on the final
plat. However, such acts are not evidence of any waiver as simultaneously with those
acts Jacksons and its representatives in fact acted as ITD staff had directed in the April
2005 letters by initiating and pursuing an application for the proposed approach.
8. The Meridian City Council had expressed concern that the
point of access should be located farther to the south.
The design set forth in Exhibit K that has been approved by ITD addresses this
concern. As noted above, the point of transition from Eagle Road to the Jacksons
Property has been moved as far to the south as possible in light of existing
improvements in the right of way. The access cannot be moved any farther south due
to the overhead signage and utility poles and facilities presently located in the right of
way. However, Jacksons has designed the access to provide for a longer deceleration
lane and greater separation from the free right turn lane for vehicles entering the
Jacksons Property. As such, the benefits of moving the access farther south have been
obtained while working with the existing site constraints.
-13-
06289.0048.1233247.2
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Land Description
Jacksons Food Store #105
Eagle and Pine
A parcel of land situate in the northwest quarter of the southwest quarter of
Section g, Township 3 North, Range 1 East, Boise Meridian,
Meridian Idaho, being Lot 1 of Block 1 of Porky Park Subdivision No. 1, as shown yon the official
plat thereof on file in the office of the Ada County, Idaho, Recorder.
AFTER RECORDING MAIL TO:
Jacksons Food Stores, Inc.
3450 Commercial Court
Meridian, ID 83642
ADA COUNTY RECORDER AVID i�AVARRO AMOUNT 6,00 2
BOISE IDAHO 03118/05 04:35 pil
DEPUTY Vicki Allen
RECOAQED—REDDEST 4F
Pint American 105032941
WARRANTY DEED
File No.: NCS-139196-BOI (eg)
Date: March 09, 2005
Auker, a married man
For Value Received, V] ]oint Venture, an Idaho joint venture composed Of Ronald W. Van
dealing with his sole and separate grope
FLP, a Washington partnership, which is successor to the initial joint ven uger, and the 198, Joh
] hn T
Johnson, hereinafter referred to as Grantor, does hereby Food Stores, Inc,, an Nevada Corporration, hereinafter referred to snGranteey Whose unto current
address is 3450 Commercial Court
in Ada County, Idaho, to wit: , Meridian, ID 83642, the fallowing described premises, situated
PARCEL 1 OF RECORD OF SURVEY NO. 67S3 RECORDED AS INST. NO. 1050037901BEING A
PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9,
TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY,
IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 9, MARKED BY A BRASS CAP
MONUMENT; THENCE ALONG THE EAST -WEST CENTERLINE OF SAID SECTION 9, NORTH
89010`44" EAST, 307.80 FEET; THENCE, SOUTHERLY AT RIGHT ANGLES TO SAID
CENTERLINE, SOUTH 00049116" EAST, 50.00 FEET, TO A POINT ON THE SOUTH RIGHT-OF-
WAY OF E. PINE AVE., AS DESCRIBED IN WARRANTY DEED, INSTRUMENT NO, 101087675, A
SET 5/8 INCH REBAR, WITH AN ORANGE PLASTIC CAP MARKED "TVEI PLS 10782"
HEREAFTER REFERRED TO SIMPLY AS A "SET 5 BEGINNING; /8 INCH REBAR", AND THE POINT OF
THENCE SOUTH 00000'09" WEST, 371.88 FEET, TO A SET 5/8 INCH REBAR ON THE
NORTHERLY LINE OF COMMERCE PARK SUBDIVISION, AS PER THE PLAT THEREOF
RECORDED IN BOOK 45 OF PLATS, AT PAGE 3721, ADA COUNTY RECORDS;
THENCE ALONG SAID NORTHERLY LINE, NORTH 87054'48" WEST, 216.82 FEET, TO A SET
5/8 INCH REBAR;
THENCE SOUTH 82051'14" WEST, 21.93 FEET, TO A SET 5/8 INCH REBAR ON THE EASTERLY
RIGHT-OF-WAY OF STATE HIGHWAY 55 (EAGLE ROAD), AS PER "SECOND JUDGMENT AND
DECREE OF CONDEMNATION INST. NO. 8920698, ADA COUNTY RECORDS;
THENCE ALONG SAID RIGHT-OF-WAY, NORTH 00000`09" EAST
INCH REBAR ON THE RIGHT-OF-WAY OF E. PINE AVE. AS DESCRIBED ®N WAR �NTY DEED,
INSTRUMENT NO. 1010$7675;
Page 1 of 2
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO )
COUNTY OF ADA )
I, Jacksons Food Stores, Inc. 3450 Commercial Ct.
Meridian (name) Idaho (address)
(city)
(state)
being first duly sworn upon, oath, depose and say:
That I am the record owner of the property described on the attached, and I grant my
permission to:
B&A Engineers Inc 5505 West Franklin Road, Boise, ID 83705
(name)
(address)
to submit the accompanying application(s) pertaining to that property.
2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless
from any claim or liability resulting from any dispute as to the statements contained
herein or as to the ownership of the property which is the subject of the application.
3. I hereby grant permission to City of Meridian staff to enter the subject property for the
purpose of site inspections related to processing said application(s).
Dated this IOth _day of
SUBSCRIBED AND SWORN to before me the dayfl
anyear first above written
f
(Notary Public for Idaho)
Residing at:
My Commission Expires: l„-'I�--��
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Project/Subdivision Name:
Applicant/Contact: 1)6-� r
City StaffyQ l zh
Location: 3 Zq)
Exisfina zoning: s-�
b ntng: ��
Proposed Zoning: —
Property Size: 2-
Surrounding Uses:
Comprehensive Plan Designation(s):
Street Buffers and/or Land Use Suffers: _
Open Space/Amenides/Pathways.
Street System/Sidb Streets/Access:-
Sewer and Water Service:
Topograpby/Hydrology/Floodplain Issues:
Canals/Ditches/Irrigation. and/or Hazards:
History:
.Additional Meeting Notes.
r'- I'ti�n_.o�SEe�r�.�yGaatc�
-� .1-fD 44 s^uppo rfia �Sr ��se> 5-t'c4
Va
RCe.-+� S •5
Iica iaa I a n Notes Date. L,, - o - 00
U
�0.
Contiguous and Within AOI (AZ only):
Number of Units and/or Lots:
Dwelling Type (if residential):
fi" Se }
.) brn
OtherAAgencies/Departments to Contact (circle).
Ada County Highway District Nampa and Meridian fixigation
Idaho Transportation Department Settlers Irrigation
Sanitary Services Corporation FrgEPria,,,,,a
Central District Health Police Department
Applications Required (circle all that apply):
Accessory Use
Alternative Compliance
Design Review
Annexation
Final Plat Modification
Cert�cate of Zoriin Coin Hance
g P
Camp
Misc_ (DA Modification)
Planned Unit Development
Plan Map Amendment
PreIi771inary Plat
Comp Plan Text Amendment
Private Street
Conditional Use Permit
Rezone
'14 P of
1 �- � E czcE SS 6l ifs
Parks- Departruent
Public Works Department
Building Department
Other:
Short Plat
Time Extension
Amendment
Vaca ' p t0- - not-,.
afanc -t,
Other:
Additional Pre -Application Conference (circle one
Required
of Reese
Anticipated Submission Date:
Anticipated Heating Date:
NOTES: 1) Applicants are required to hold a neighborhood meeting, in accordance with UDC 11-5A-SC, riot to
submittal of an application re uirin ' a
q g public hearing. Z) Except for UDC Text Amendments, Comprehensive Platt
Text Amendments and Vacation apph�ons; all other a Compreheaccordancensive
with Plan
II -SA SI3. 3) The formation provided during his meeting public$s n current C" Code
b shaII be posted in
Comprehensive Plan. Aup sulisequenf changes to City Code and/or the Comprehensive Plan may affect our
submittal and/or application. 'ham re -a nu and
P pplicafion meeting shall be valid for 6 mouths. y
Neighborhood Meeting Sign -in Sheet
Jacksons Food Store #105
Eagle and Pine
Request: Proposed application consists of a plat note vacation and
requesting approval of an access to Eagle Road.
Meeting Date: 17 June 2008
Meeting Time: 7:OOPM
Meeting Location: 3291 East Pine Street (at the site)
Name
AAeelrocc.
/ ��
-3 � - 1
COMMITMENT OF PROPERTY POSTING
Per Unified Development Code (UDC) 11-5A-5D, the applicant for all applications requiring a
and/or vacations) shall post the subject property not less thpublic hearing (except for a UDC text amendment, a Comprehensive Plan text amendment
an ten (10) days prior to the hearing.
The applicant shall post a copy of the public hearing notice of the application(s) on the property
under consideration.
The applicant shall submit proof of property posting in the form of a notarized statement and a
photograph of the posting to the City no later than seven (7) days prior to the public hearing
attesting to where and when the sign(s) were posted. Unless such Certificate is received by the
required date, the hearing will be continued.
The sign(s) shall be removed no later than three (3) days after the end of the public hearing for
which the sign(s) had been posted.
I am aware of the abq`ve requirements and will comply with the posting requirements as stated in
UDC 11-5A-5. �
signature
/ `/0
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Date