HomeMy WebLinkAboutGateway Marketplace VAR
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LA WAND
DECISION & ORDER
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In the Matter of Variance request for two accesses to SH 55/ Eagle Road, for Gateway
Marketplace Subdivision by Landmark Development LLC.
Case No(s). V AR-06-002
For the City Council Hearing Date of: April 18, 2006
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of April 18, 2006
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of April 18, 2006
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of April
18,2006 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of April 18, 2006 incorporated by reference)
B. Conclusions of Law
I. 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 §
11-5A.
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-O6-002- PAGE 1 of3
5. It is found public facilities and services required by the proposed development will
impose expense upon the public if proposal is allowed.
6. That the City has granted an order of denial 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 denial is subject to the Legal Description, Site Plan, and the all in the attached
findings in the Staff Report for the hearing date of April 18, 2006 incorporated by
reference.
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 Request for accesses to SH 55/ Eagle road is hereby denied.
D. Notice of Final Action and Right to Regulatory Takings Analysis
I. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use pennit entitles the Owner to request a regulatory taking analysis.
Such request must be in writing, and must be filed with the City Clerk not more than
twenty-eight (28) days after the final decision concerning the matter at issue. A request
for a regulatory takings analysis will toll the time period within which a Petition for
Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use pennit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
Attached: Staff Report for the hearing date of April 18, 2006
E.
By action of the City Council at its regular meeting held on the
,2006.
day of
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). V AR-O6-002- PAGE 2 of 3
COUNCIL MEMBER SHAUN WARDLE
VOTED
COUNCIL MEMBER JOE BORTON
VOTED
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED
COUNCIL MEMBER KEITH BIRD
VOTED
TIE BREAKER
MAYORTAMMYdeWEERD
VOTED
MAYOR TAMMY de WEERD
ATTEST:
WILLIAM G. BERG, JR., CITY CLERK
Copy served upon:
Applicant
Planning Department
Public Works Department
City Attorney
By:
City Clerk's Office
Dated:
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). V AR-O6-002- PAGE 3 of 3
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 4/18/06
STAFF REPORT
City Council
Hearing Date: April 18, 2006
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TO:
FROM:
SUBJECT:
Mayor and City Council
Joe Guenther, Associate City Planner
Gateway Marketplace Subdivision Variance
File Number: V AR-06-002 - Variance request to allow a right in/right out access
and a right in/right out with a left in access onto Eagle Road, SH 55 for Gateway
Marketplace by Landmark Development Group, LLC.
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 proposes a new
approach to Eagle Road, SH 55, one access driveways for right in, right out with a possible left in at
approximately 1,350 feet south of Us tick Road and one access driveway for right in, right out at
approximately 845 feet south of Us tick Road. ITD staff indicated that the proposed access point does not
meet district policies. The Idaho Transportation Department (ITD) has not approved any approach pennits
on this site and has made comment that this site does not qualify for access by standard district policy.
The ITD access executive committee met on March 22, 2006. At the meeting ITD detennined that the
applicant shall comply with the considerations outlined in the approval letter dated March 24, 2006 which
also state the access permit application to be contingent on obtaining a Variance to Section 11-3H of the
UDc. ITD staff acknowledged that they were required by state code to issue the access pennits to
deeded access points on state highways but encouraged the City of Meridian to be the authority on land
use planning.
The Variance application pertains to the 22.85 acres proposed as a commercial mixed use development,
the applicant has submitted a development application (PP-06-002) consecutively with the variance
request which will also be heard on April 18, 2006. The City Council has fmal decision authority on the
Variance application.
The main reasons the applicant believes a variance is justified are summarized in Section 3.h. on page 2
of this report.
2. SUMMARY RECOMMENDATION
Staffis recommending denial of the subject Variance application (V AR-06-002) for the reasons listed
herein. We do not fmd 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 ofthe UDC does state that the City
Council may consider and apply modifications to the standards of Article H upon specific
recommendation of the lTD. However, to staffs knowledge, no such specific recommendation has been
provided to date. (See the analysis, beginning with Section 9 on page 5 of this report, for more details.)
3. PROPOSED MOTIONS
Approval
After considering all staff, applicant and public testimony, I move to approve File Number V AR-
06-002 as presented in the staff report for the hearing date of April 18, 2006, and the site plan
(preliminary plat) labeled PP-I, stamped REVISED March 10, 2006 with the following
modifications to the conditions of approval: (add any proposed modifications).
Denial
Gateway Marketplace Subdivision Access
V AR-06-002
PAGEl
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 4/18/06
After considering all staff, applicant and public testimony, I move to deny File Number V AR-06-
002 as presented in the staff report for the hearing date of April 18, 2006, for the following
reasons: (you should state specific reasons for denial of the annexation or plat and you must state
specific reason(s) for denial ofthe conditional use pennit.)
Recommend Continuance
After considering all staff, applicant and public testimony, I move to continue File Number V AR-
06-002 to the hearing date of (insert continued hearing date here) for the following reason(s):
(you should state specific reason(s) for continuance.)
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
SE corner of Us tick Road and Eagle Road/SH55
Township 3N, Range IE, Section 4
b. Owner
James Kissler
1125 W. Amity
Boise Id 83705
c. Applicant:
Landmark Development Group, LLC
Tamara Thompson
1882 Toluka Way
Boise ill 83702
d. Representative:
Tamara Thompson, Landmark
e. Present Zoning: General Retail and Commercial (C-G) (AZ-03-018)
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 Landmark Development Group LLC) for a copy of the
detailed site plan which depicts the lot layout, building, parking and access locations.
Exhibit B shows the proposed landscape plan.
h. Applicant's Statement/Justification: The application notes that the mixed use regional
designation provides for the overall site to be developed with a mixture of Retail/Restaurant
/Drive thru and other Commercial and office uses oriented around automobile traffic. The
applicant notes that the site is an ideal location for a retail complex and will provide the
additional landscaping along drive aisles, the design review for structures along the gateway
corridor.
.
There is no possibility of providing a frontage road as ITD policy claims;
ITD has already granted approach permits for the project on the north side of Us tick
Road;
We believe we are grandfathered from the UDC based on discussions and annexation
occurring before its adoption.
.
.
5. 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-5A-I), a
Gateway Marketplace Subdivision Access
V AR-06-002
PAGE 2
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 4/18/06
public hearing is required before the City Council on this matter.
b. Newspaper notifications published on: Council- March 27 and April! 0, 2006
c. Radius notices mailed to properties within 300 feet on: Council- March 24, 2006
d. Applicant posted notice on site by: April 7, 2006
6. LAND USE
a. Existing Land Use(s): Bare land, single family residence
b. Description of Character of SulTounding Area: Large lot residential, highway-oriented
services, rapidly urbanizing.
c. Adjacent Land Use and Zoning
1. North: Future pad sites within Schmitchger Subdivision, Lowe's site zoned C-G.
2. West: Sadie Creek Promenade Subdivision, Bienville Subdivision proposals, zoned
C-G, RI, and RUT
3. South: undeveloped parcels zoned C-G with Redfeather Annexation.
4. East: Una Mas conceptual project and ACHD future right of way, zoned RUT-
proposed zone C-G
d. History of Previous Actions: In April 2004, the owners and City entered into a Development
Agreement for various High Density Commercial, Multi-family Residential, transitional, and
office uses under File AZ-03-018. Some property was annexed and zoned to General Retail
and Commercial (C-G) with a Development Agreement while other portions of the property
(on the west side of Eagle Road) were not included in the annexation leaving out parcels
which were addressed with the original conceptual plan.
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer:
Location of water:
Extension of mains in U stick Road
Extension of mains in Ustick Road
Issues or concerns:
None
2. Vegetation; AgriculturaVIrrigated
3. Flood plain: N/A
4. Canals/Ditches Irrigation: The Finch Lateral courses the southern part of property
and the Milk Lateral courses the northern part of the property
5. Hazards: None identified
6. Size of Property; 22.85 acres
7. Description of Use; Retail, Office, Commercial, and Restaurant uses and associated
parking and landscape improvements along Eagle Road.
f. Summary of Proposed Streets and/or Access (private, public, common drive, etc.);
. The applicant is proposing two new access points to Eagle Road/SHS5 to serve
the Gateway Marketplace project at approximately 850 feet and 1,350 feet south
of the Ustick/Eagle Intersection.
Gateway Marketplace Subdivision Access
V AR-06-002
PAGE 3
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 4/18/06
6. AGENCY COMMENTS All agencies provided comments for the plat application being heard
simultaneously with the variance request. Please see the public record for the Plat 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. In Chapter VII of the Comprehensive Plan, this designation
is derIDed 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.
Staff finds the following 2002 Comprehensive Plan text policies to be applicable to this application:
.
Chapter VII, Goal IV, Objective D, Action 2: Restrict curb cuts and access points on collectors
and arterial streets.
The ACHD evaluates access points in their analysis; no direct lot access is allowed to any of the
arterial/collector roadways. The proposed access points to the arterial streets generally comply
with ACHD 's standards. Please see the ACHD staff report and Exhibit B for the conditions from
ACHD. The Idaho Transportation Department (ITD) has a policy for access to a Type IV
Principal Arterial will be at intersections only, and spaced at one-half mile intervals in urban
areas. ITD allows approaches (other than intersections) in :o.pecial cases and on a temporary
basis. The Eagle Road access shall be eliminatedfrom the plat design if the Meridian City
Council does not grant a variance and/or ifITD does not approve an approach for this site.
.
Chapter VII, Goal IV, Objective D, Action 5: Require appropriate landscape and buffers along
transportation coITidor (setback, vegetation, low walls, benns, etc.).
The applicant is proposing to construct appropriate buffers along all of the adjacent arterial
streets with the exception of the curb cut shown on the site plan. By ordinance, a minimum 25-
foot wide landscape buffer is required adjacent to residential uses and 35-foot wide landscape
buffer to Gateway Corridors. The landscape plan shows the appropriate landscape buffers.
.
"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, ITontage roads, to reduce the number of
existing access points on to arterial streets." (Chapter VI, Goal II, Obj. A, #12, page 79).
"Restrict curb cuts and access points on. . .arterial streets." (Chapter VII, Goal IV, Obj. D, #5,
page 107)
"Require appropriate landscape and buffers along transportation coITidors (setback, vegetation,
low walls, benns, etc.)." (Chapter VII, Goal IV, Objective D, Action item 4)
"Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III,
Objective D, Action item 5)
.
.
.
.
8. UNIFIED DEVELOPMENT CODE
The following UDC sections are pertinent to this application:
a. Development along Federal and State Highways: Unified Development Code (UDC) 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."
Gateway Marketplace Subdivision Access
V AR-06-002
PAGE 4
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 4/18/06
b. UDC 11-3H-4.B, Standards: Access to State Highway - "Use of existing approaches shall be
allowed to continue provided that the following conditions are met:
1. The existing use is lawful and properly 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 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. UDC 11- 3H w4.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. UDC 11 w3H -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.
.
Annexation
In September 2003, Planning Staff member Brad Hawkins-Clark included the following
constraints on the development agreement in the staff report for the Kissler Annexation:
"Eagle Road is the major north-south arterial in Ada County. The capacity of this 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, Subsection
2, pg. 71)
No access points are proposed or addressed as part of this application. The Planning &
Zoning Department has had recent discussions with ITD District 3 (Sue Sullivan) regarding
controlled and restricted access points adjacent to SH 20-26, SH 55 and SH 69 in Meridian's
Area of Impact.. We are recommending ITD coordinate with the City of Meridian to require
backage roads be constructed on all parcels with state highwayfrontage, wherever the parcel
sizes and configurations allow. Therefore, in light of this recent policy discussion, staff is
recommending the Commission and Council require backage roads (either public or private)
be incorporated into future development as a condition of the DA. (See Site Specific
Condition #3 below.)
Gateway Marketplace Subdivision Access
V AR-06-002
PAGE 5
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 4/18/06
Site Specific Condition #3 reads: The DA shall require that all future uses within the
boundaries of this annexation only be approved with either a public or private backage street
parallel with Eagle Road/SH 55 be incorporated into the design of future site plans.
Testimony was taken at the public hearing on the Kissler Annexation February 24, 2004.
Council Member Bird made the motion with a contingency on the extent of the approval that
stated:
"We are basically just annexing the property, we are not giving any go ahead on anything or
any designs, so with that said I would move that we approve AZ 03-018, the annexation and
zoning of Kissler, Cobb, and Ruwe parcels and to take condition number three as per
applicant's statement."
.
Development Agreement
The following findings were made and written into the development agreement for AZ-03-0l8.
Adopt the Recommendations of the State of Idaho Transportation Department as follows:
1. SH/55 has been designated a Principal Arterial. IDTwould like to preserve this corridor by
recognizing the following conditions:
a. Future right of way widths will be: A. 120feet each side of centerline (240feet total)
for building setbacks and to include a frontage road, or B: 70 feet each side of centerline
(140feet total) ~fthe developer provides an internalfrontage road type system tofeeder
roads.
2. Access to a Principal Arterial Type 1 V will be intersections only, and spaced at one mile
intervals in rural areas and one-half mile intervals in urban areas. Approaches (other than
intersections) maybe permitted in special cases and 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 recorded at the County Recorders Office.
(3) Temporary access restrictions will be noted on the permit.
20. It is found that any future uses will impact the level and flow of traffic on the surrounding
streets. Specific traffìc counts will be determined at the time of development application. In
accordance with CompPlanpolicy #12 (pg. 79) and policy #2 (pg. 107), it is found that the
number of vehicular access points to Ustick and Eagle Roads should be restricted and comply
with ACHD policies in order to preserve the capacity and movement on these roadways at build-
out.
.
Traffic Accident Data
The following is the 2004 accident data from the Meridian Police Department for the Eagle
Road corridor. Of the top lO intersections in Meridian for total number of accidents, six of
those intersections were along Eagle Road/SH55 (Overland, Magic View, St. Luke's,
Franklin, Lanark and Fairview).
Gateway Marketplace Subdivision Access
V AR-06-002
PAGE 6
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 41I8/06
2004 TOP 10 MERIDIAN ACCIDENT LOCATIONS
INTERSECTION TOTAL # ACCIDENTS
EAGLE/FAIRVIEW 82
FAIRVIEW/LOCUST GROVE 46
MERIDIAN/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 colTelation 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.
.
Eagle Road Arterial Study - 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
Sharmon, ITD District Engineer, and was also endorsed by the ACHD Commission. The
study includes the following recommendations:
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. . ."
ACHD has provided two access points to the site which lie along Ustick Road. The
availability of Cross Access to collector and arterial road systems would preclude
any access to Eagle Road which would consolidate the accesses to the new public
street (Allys Way) or the approved approaches to Ustick Road. These approaches
all lie within 1,350 feet of Us tick Road or 500feet to theJitture collector roadway
which would be an acceptable length qfwhich commercial users would expect public
road access.
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
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 of the UDc, Article H, demonstrates the City's commitment to
reducing the number qftrips and potential accidents on Eagle Road.
.
Access Analysis
Gateway Marketplace Subdivision Access
V AR-06-002
PAGE 7
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEAR[NG DATE OF 4/18/06
ITD must issue a right-inlright-out permit and a full access permit for this site, and the access
is further contingent on the Meridian City Council granting a variance to UDC 11-3H. At
this time the policy in place would be for :fi:ontage roads to serve this site and provide
connection to the ~ mile and the collector road systems. ITD has submitted a letter
indicating that they will not make a final decision on approving access to Eagle Road until
such a time as the Meridian City Council has fonnally acted on the Variance request. City
staff does not support any access to Eagle Road in this location.
On March 22, 2006, ITD conditionally issued the two access points to Eagle Road at the
locations defined by the applicant. Please see the letter in the file dated March 24, 2006.
In addition, the applicant is proposing two new access points to Ustick Road at the following
locations:
. Driveway #1 - 350 feet east of Eagle (right-inlright-out with center median)
. Driveway #2 - 700 feet east of Eagle (full access)
Ustick Road, from Leslie Drive to Allys Way (on the east side of Eagle Road), including the
Eagle Road intersection, has just been widened and improved to five lanes. The intersection
was widened to include dual left turn lanes.
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. ACHD has stated that the applicant
shall provide cross access south and east to connect to the future collector roadway east of the
site and the connection to the signalized access proposed south of the site at River Valley
Drive. ACHD staff will be in attendance for the April 18, 2006 hearing and have stated their
opposition to access on Eagle Road as it diminishes the classification and function of the
future North/South collector roadway (Allys Way), if excessive points of access are allowed
to Eagle Road ACHD may change the road project to a lesser classification or not construct
the project at all.
This project along with the Una Mas Project east ofthe site will connect with Ally Street, a
proposed public street serving as a collector roadway to the entire area. The design received
March 10, 2006 lines up at three points to the east as requested. The area plan (Una Mas
Annexation) shows private, internal driveways connecting to the future public street; such
driveways run mostly east/west connecting the Kissler site to Ally Street and ultimately
Ustick Road. Staff has required both the ACHD and Una Mas annexations to enter into a
Development Agreement with the City of Meridian to make the connection to Allys Way.
ACHD would also like for Council to consider asking the developer to modify the DA to
include applicant participation in constructing the collector roadway. ACHD Staff notes that
the DA requires the applicant to construct a frontage/backage road, similar to what is being
done by the Winston Moore project on the NW comer of Us tick and Eagle. ACHD has
acquired property to facilitate the appropriate location and alignment of such
frontagelbackage road, but they do not have funds committed for construction. It may be
appropriate to tie development of the subject property to construction of the collector
roadway.
For a detailed report on both ITD's and ACHD's actions and comments, please see the
letters/reports submitted with the application. ITD and ACHD will have staff available for
comment and questions at the public hearing.
.
Applicant Arguments to Grant Variance
Gateway Marketplace Subdivision Access
V AR-06-002
PAGE 8
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 4/18/06
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 had not
begun the process of securing access to Eagle Road at this location before adoption of the
UDC is not the right question. The question required by the UDC (1l-3H -4.B.a) is, "Was
there a lawful and properly penuitted existing use effective September 15, 2005?" The
answer is "no," because the site was annexed, but did not have any specific uses approved nor
any use pennits granted for the property. All properties being annexed into the City of
Meridian require future uses to be upgraded to meet the City of Meridian Standards and
required all future uses to comply with Comprehensive Plan policies and ordinance standards.
ITD had not approved access pennits to this site prior to September 15, 2005.
The fact that !TD has already granted approach pennits in the area is also not the issue at
hand for the City Council. The City Council is charged with enforcing the tenus of the City's
ordinances - in this case Article H of the UDC and detennining the variance based on the
City's own fmdings.
The applicant claims that due to physical constraints on the site that they will not be able to
create a frontage road. Staff responded citing lTD's policy that states a frontage "type" of
connection may be utilized, which does not have to be with a public road connection.
ACHD has approved two access points to Ustick Road, which will be upgraded at the
controlled intersection east of the site. ACHD has also provided a public road connection
(future Allys Way collector) which will provide the frontage road requirements for the
subject site. Planning Staff required multiple cross access points to the north which were to
be designed as commercial collectors with appropriate widths and limited connections for all
sites SE of the Ustick Eagle Intersection (Una Mas and ACHD's Annexation) Staff
conditioned these road connections to serve as the frontage type roadways with limited access
(no parking) as required by ACHD for traffic circulation and no further connections to Allys
Way. Access to Eagle Road would not be necessary if properly designed and managed.
These public access points are less than 1,350 feet from any point on the site and when
properly designed, staff feels that the size of the site does not constitute reason for a variance
as it is common to drive less than 1/4 of a mile when accessing a public road system,
especially for commercial uses along a major roadway (Ustick Road).
Furthennore, the UDC includes a statement that 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 and all
uses existing on site are to increase the intensity of the use and change the nature of the area
which are prohibited by City Ordinance.
9b. Staff Recommendation: Based on the Comprehensive Plan and UDC policies listed under
Section 8 of this report as well as the analysis of fmdings shown in Exhibit C, staff finds there is a
lack of evidence and grounds to grant new vehicular access points to Eagle Road/SH55. Planning
Staff find:
.
The request does not meet the standards for access approval as required by UDC ll-3H.
Gateway Marketplace Subdivision Access
V AR-06-002
PAGE 9
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARfNG DATE OF 4118/06
.
The letters received from ITD during the 2003-2004 annexation process make no
guarantees that pennanent access points would be approved
.
ITD specifically stated their opposition to access at this site in 2003 and the City of
Meridian incorporated their recommendation as a consideration for annexation.
.
City of Meridian Council Members are on public hearing record in 2004 opposing access
points to Eagle Road for the eastern side of the development and required a frontage road
access only.
.
These access points are not shown in the Eagle Road Corridor Study.
.
No reference to prior access approvals from the City of Meridian was found in any
documentation
.
Staff has made findings for the Gateway Marketplace preliminary plat for Allys Way to
be the required frontage road with the project development. Again, the Council may want
to consider tying development of the subject property to the construction of the Allys
Way collector road. The finding for frontage road will satisfy the ITD policies for
interconnectivity and provide adequate access for commercial development as well as
meet the intent of the Development Agreement. Staff is also concerned that if access to
Eagle Road is granted that ACHD will not construct Allys Way to the level of service
being considered which would mean a frontage road would not be provided for the site
and this rIDding would not be made.
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
fIDdings consistent with this recommendation in Exhibit C.
10. EXHIBITS
A Project Plan (by The Land Group, Stamped March 10,2006)
B. Legal Description
C. Required Findings from UDC (Variance)
Gateway Marketplace Subdivision Access
V AR-06-002
PAGE 10
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 4/18/06
Exhibit A: Overall Concept Plan (Red Cliff Development Company)
Meridian Gateway Variance Application
Exhibit A Page 1
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 4/18/06
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Exhibit A Page 2
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 4/18/06
Exhibit B: Legal Description
claiborn... waite consu'tit'1~)JJt~-
engineers 8, surveyors
120 N. Curtis Rd,
Boise, Idaho 83706
(208) 376-8555
Fax (208) 429-9862
P.N. 2279
October 20, 2005
PARCEL "A"
USTICK PROPERTY
REMAINDER PARCEL DESCRIPTION
A parcel of land lying in the Northwest 1/4 of Section 4, T.3N., R.IE., B.M., Ada
County, Idaho, and being more particularly described as follows:
Commencing at the Northwest comer of said Section 4, thence S 8e¡ 49'08" E along the
North bounduy of said Section 4 and the centerline of Us tick Road for a distance of
97.62' feet;
thence leaving said North boundary and centerline S or 50'52" W for a distance of 77.96
feet to a point on the South right-of-way line of Us tick Road, being the REAL POINT
OF BEGINNING;
thence along said South right-of-way line for the following 13 courses:
N 44 02'14" E fora distance of47.06 feet;
thence S 89' 49'08" E for a distance of262.81 feet;
thence S 4Z 51'21" E for a distance of 4U8 feet;
thence N 87 17" 1 0" E for a distanœ of 29,03 feet;
thence N 4Z 43'35" E for a distance of40.57 feet;
thence N 89' 13'34" E for a distance of 179.28 feel (formerly described as 179.20 feet);
:kil~~=:(¡:r :i5-~:-'r:fu¡Loci;,,1¡';1,","u¡ ¡:>,':'.) leu,
thence S 89" 49'08" E for a distance of 10,00 feet;
1/1(-)]("<.:1-.;1 (; ;,,--,:- J-:. """¡¡";;""l'ut¡~,4¡ ecI.
C:\ProjeaslUstickLLA (2279)\DocumenlS\Parce! A.doc- ! "
Meridian Gateway Variance Application
Exhibit B Page 1
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 4118/06
claiborn ... waite consulting~
engineers & surveyors
120 N. Curtis Rd..
Boise, Idaho 83706
(208) 37~8555
Fax (208) 429-9862
P.N. 2279
October 20, 200S
PARCEL "B"
USTICK PROPERTY
5.51 ACRE SPLIT
A parcel of land lying in the Northwest 1/4 of Section 4, T.JN., R. IE., B.M., Ada
County, Idaho, and being more particularly described as follows:
Commencing at the Northwest comer of said Section 4, thence S 89' 49'08" E along the
North boundary of said Section 4 and the centerline of Ustick Road for a distance of
97.62' feet;
thence leaving said Nonh boundary and centerline S or 50'52" W for a distance of 17.96
feet to a point on the East right-of-way line of Eagle Road;
thence along said East right-of-way line S or 50'52" W for a distance of 1038.43 feet to
the REAL POINT OF BEGJNNING;
thence continuing along said East right-of-way line S or 50'52" W for a distance of
154.90 feet;
thence S OU 36' 13" W along said East right-of-way line for a distance of IJ4.17 feet;
thence leaving said East right-of-way line S 89' 51 '00" E for a distance of 700.02 feet;
thence N 0(1 36' 13" E for a distance of93. 77 feet to the South boundary of Government
Lot 4 of said Section 4;
thence S 89' 51 '00" E along said South boundary for a distance of61 .35 feet;
tht>r>t" I"~,,i~?, ~~irl ~:-'t:t!-; I::);.m!;¡r:' 1" 0"'" "-;"10" r f,;_' " ,:':,o¡":lk ...-:-~:'.-i,---4 fc:.:t,
thence N 89' 5] '00" W for 8 distance of363.00 feet;
th:'I1::':: 1>(; :)'n()'\V;:,:,,~li',ul¡-\\(¡fL (I(JIl~I-1.
C:\ProjectS\UstickLLA (2279)\Documents\Parcel B.doc- 1 -
Meridian Gateway Variance Application
Exhibit B Page 2
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 4/18/06
thence N 8g 51 '00" \V for a distance of 17'1'.00 feet;
thence S 0(1 09'00" W for it distance 0£34.50 feet;
thence N 89" 51 '00" W for a distance 0£218.67 feet to the REAL POINT OF
BEGINNING;
containing 5.51 acres of land, more or less.
Prepared by: Todd R. Waite P.L.S.
C:\Projects\UstickLLA (2279)\Documents\Parc:eIA.d(x,;. 1 "
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 4/18/06
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 following.findings:
A. The variance shall not grant a right or special privilege that is not otherwise allowed
in the district:
lfthe City Council grants the access point to Eagle RoadlSH55, it would grant a right that
is currently prohibited not only in the C-G zone but for all new development adjacent to
state highways. The applicant has been conditioned to provide a cross access frontage
road system to which they have agreed with the Planning Commission findings for the
project approval. The applicant has more than 800 feet with two connections to Ustick
Road, two points of cross access to the east, two points shown to the south and one public
road stub to Allys Way to the East with which to design multiple access points and take
public street access as shown with the 22.85 acres of annexation in 2004.
The following UDC sections cannot be met: "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. -
The uses on the subject site have not been proposed.
2. The nature of the use does not change (for example a residential use to a conunercial
use). - The nature of the site will change from Agricultural to Commercial
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 conunercial space)."
- The intensity of the site will increase from 1 single jàmily residence on agricultural
ground to over 250,000 square feet of commercial buildings.
The council does not fmd that the request is consistent with the UDC sections which
apply to this site.
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 lTD.
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;
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
RoadlSH55. For example, there are no major canals or ditches which prevent access to
Ustick Road. The subject property has no barriers to connecting multiple access points to
Ustick Road as approved by ACHD. Settlers Irrigation District would allow the applicant
to cover the Milk Lateral if requested for a canal crossing.
Granting the proposed access point may relieve some traffic congestion within the site
because southbound traffic on Eagle RoadlSH55 would not be forced to travel east to
Ustick Road to get through the Eagle/Ustick intersection; drivers could potentially make
a free right-out turn and merge with traffic, however merging traffic slows down the flow
of traffic which is unimpeded for an additional 1/2 mile which will further cause
Meridian Gateway Variance Application
Exhibit C Page 1
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 4/18/06
reductions in speed on Eagle Road. Furthennore, the free right option is not tied to a
physical characteristic of the site, which is what this finding requires.
In addition, when construction upgrades on Ustick Road east of Eagle Road are complete,
a right-hand turn on to Eagle Road from the subject property should be relatively simple
with little or no stacking for northbound traffic, a controlled intersection, and multiple
turning lanes for northbound traffic.
Access to the site in the future will be readily available for southbound traffic at River
Valley Drive which will be a signalized intersection, this traffic flow will then continue
south internally and relieve additional traffic pressures on Eagle Road. ACHD may not
build the Allys Way cO1ll1ection if excessive access points to Eagle Road compete with
the internal collector road system.
C. The variance shall not be detrimental to the public health, safety, and welfare.
Council finds that granting the right-in/right.out with left in option 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 and by crossing two
lanes of traffic to enter the site. Granting a full movement access as requested by the
Commission has the additional potential conflict of adding vehicles to the center turn
lane, such access does not comply with the Eagle Road Corridor study, and such access
slows traffic speeds where the speed limit is 55 miles per hour. A vehicle going 55 miles
per hour will travel 80.685 feet each second, as the site is only 1,350 feet long, it would
take a north bound vehicle approximately 15 seconds to cover the entire length of the
development where vehicles would be merging in multiple lanes. If a center median is
constructed as shown on the Eagle Road Corridor study, a pennanent barrier will exist at
the location ofthe requested access which does not show an acceleration/deceleration
lane for traffic accessing the site. We recommend the Meridian Fire and Police
Departments provide further testimony on this issue.
Meridian Gateway Variance Application
Exhibit C Page 2