HomeMy WebLinkAboutBienville Subdivision Access VAR-05-023
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LA WAND
DECISION & ORDER
,
ctre;;;¡ i iJ!4
\
, ILJ.\HO ~'
\;?~f' /:l'
~:!/~:~~."'..'f~J'~"", ..' ,':,:,~,,~-'J"~~..,,'
,""-' 't9Þ)
In the Matter of Variance request for access to SH 55/ Eagle Road, for Bienville
Subdivision by Red Cliff Development.
Case No(s). V AR-05-023
For the City Council Hearing Date of: March 14,2006
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of March 14,2006
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of March 14,2006
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of March
14,2006 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of March 14, 2006 incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code
codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of
- Meridian has, by ordinance, established the Impact Area and the Amended
Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002,
Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code §
II-SA.
4. Due consideration has been given to the 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). V AR-O5-023- PAGE 1 of 3
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 March 14,2006 incorporated by
reference.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § II-SA and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's Variance Request for access to SH 55/ Eagle road is hereby denied.
D. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use permit 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 permit 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.
E.
Attached: Staff Report for the hearing date of March 14, 2006
By action of the City Council at its regular meeting held on the ;J ",d
m~ ' 2006.
day of
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). V AR-O5-023- PAGE 2 of 3
COUNCIL MEMBER SHAUNW ARDLE
VOTED ~
VOTED ~
VOTED --11f¿r ~
VOTED ~
COUNCIL MEMBER JOE BORTON
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
TIE BREAKER
MAYORTAMMYdeWEERD
VOTED
--
ATTEST:
By'
Dated: 5- I 0 -Of ()
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). V AR-O5-023- PAGE 3 of 3
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 3/14/06
STAFF REPORT
City Council
Hearing Date: March 14, 2006
Mayor and City Council
Joe Guenther, Associate City Planner
Bienville Subdivision Variance
J -
of;&ri di ~n --,;\
A. I LJ.\}-I() ~
{~ /Ÿ
',[,!~~!_~-'t""!'~~:,!,)'#'~è!-'c~::~;~!'
TO:
FROM:
SUBJECT:
File No. V AR-05-023
Variance request to allow one access point onto Eagle Road, SH 55 by Red
Cliff Development Company
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant is requesting a variance from Section 11-3H-4 of the Unified Development Code (UDC)
that prohibits new vehicle approaches to state highways. The Variance application proposes a new
approach to Eagle Road, SH 55, one access driveways for right in, right out with a possible left in. On
March 7, 2006, Idaho Transportation Department (ITD) staff submitted a response to the request for
access to Eagle Road. ITD staff indicated that the proposed access point does not meet district policies.
On February 16,2006, ITD's executive committee held a decision on the access permit application
contingent on obtaining a Variance to Section 11-3H of the UDe. The main reasons the applicant
believes a variance is justified are summarized in Section 3.h. on page 2 of this report.
The Variance application pertains to the 27.3 acres proposed as a commercial/residential/multifamily
mixed use development, the applicant has submitted development applications consecutively with the
variance request. The City Council has final decision authority on the Variance application.
2. SUMMARY RECOMMENDATION
Staff is recommending denial of the subject Variance application (V AR.05-023) for the reasons listed
herein. We do not find that the application meets all of the findings required in the UDC in order for the
City Council to grant a variance (see Exhibit C). Section 11-3H-3 of the UDC does state that the City
Council may consider and apply modifications to the standards of Article H upon specific
recommendation ofthe 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. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
SW corner of Us tick Road and Eagle Road/SH55
Township 3N, Range IE, Section 5
b. Owners
Red Cliff Development, INC
2060 South Eagle Road
Meridian Id 83624
John Ewing
1500 El Dorado Street, Suite 4
Boise Id 83704
c. Applicant:
Red Cliff Development, INC
2060 South Eagle Road
Meridian Id 83624
Bienville Subdivision Access
V AR-O5-023
PAGE 1
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 3/14/06
d. Representative:
e. Present Zoning:
Ashley Ford, WRG Design, INC
General Retail and Commercial (C-G), Meridian, RUT-RI-Ada County
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 Red Cliff Development Company) for a copy of the
overall conceptual site plan which depicts the proposed driveway location (dated Revised
February 13, 2006.
h. Applicant's Statement/Justification: The application lists the following key arguments for
allowing the new access points to Eagle Road, SH 55:
. There is no possibility of providing a frontage road as ITD policy claims;
. ITD has already granted approach pennits 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.
4. PROCESS FACTS
.
a. The subject application will in fact constitute a variance as detennined by City Ordinance. By
reason of the provisions ofthe Meridian City Code Title 11, Chapter 5, Article A (Table 1I-5A-I), a
public hearing is required before the City Council on this matter.
b. Newspaper notifications published on: Council- December 19 and January 2,2005
c. Radius notices mailed to properties within 300 feet on: Council- December 19, 2005
d.
5. LAND USE
Applicant posted notice on site by: December 26, 2005
a. Existing Land Use(s): Bare land, two single family residences.
b. Description of Character of Surrounding Area: Large lot residential, highway-oriented
services, rapidly urbanizing
c. Adjacent Land Use and Zoning
1. North: Future pad sites within Sadie Creek Promenade proposal zoned C~G and
Ada County RI.
2. West: Residential Subdivision zoned Meridian City R-2 and Ada County Rl
3. South: Residential Subdivision zoned Meridian City R-2 and Ada County RI
4. East:
Road.
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 (CwG) with a Development Agreement while other portions of the property
were not included in the atU1exation leaving out parcels which were addressed with the
original conceptual plan. The 18.43 acres site is the current annexation request and is not
subject to the development agreement approved in 2004, the access to Eagle Road is located
Future pad sites within the Kissler Annexation project zoned C-G, Eagle
Bienville Subdivision Access
V AR-05-023
PAGE 2
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 3/14/06
within the 18.43 acre site.
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer:
Location of water:
Extension of mains in U stick Road/Sadie Creek Promenade
Extension of mains in Ustick Road/Sadie Creek Promenade
Issues or concerns:
None
2. Vegetation:
Agri cultural/Irrigated
3. Floodplain: 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: 27.3 acres
7. Description of Use: Retail, Office, Commercial, and Restaurant uses and associated
parking and landscape improvements along Eagle Road. Attached townhouse and single
family residential, front accessed and alley accessed products.
m. Summary of Proposed Streets and/or Access (private, public, common drive, etc.):
The applicant is proposing one new access points to Eagle Road/SH55 at the following
location (see Exhibit A):
. Driveway #1 - approximately 1320 feet south of Us tick Road
As noted above, ITD has not issued permits for these approaches. ITD has made these
locations contingent on the City of Meridian granting a variance. In addition, the
recorded DA between the applicant and the City shows the access points but was never
recorded for this site. The Meridian Comprehensive plan for Gateway Corridors and ITD
policy in place at the time of annexation does not allow access at the proposed location.
For a detailed report on both ITD's and ACHD's actions and comments, please see the
letters submitted with the variance application and the project applications AZ-05-
057/PP-05-059/CUP-05-052/RZ-05-0 19/PS-05-002.
6. AGENCY COMMENTS All agencies provided comments for the annexation application with. Please
see the public record for the Variance file for any written comments that may have been submitted by
other agencies.
7. COMPREHENSIVE PLAN POLICIES AND GOALS The subject site is designated 'Mixed
Use-Regional' on the Future Land Use Map. In Chapter VII of the Comprehensive Plan, this designation
is defined in part as an area that is situated in highly visible or transitioning parts of the City where
innovative and flexible design opportunities are encouraged. The MU-R has no upper limit on the square
footage of non-residential uses and is intended to allow a broad range of uses.
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
Bienville Subdivision Access
V AR-05-023
PAGE 3
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 3/14/06
arterial/collector roadways. The proposed access points to the arterial streets generally comply
with ACHD 's standards. Please see the ACHD stajlreport and Exhibit B jor the conditions from
ACHD. This site does notfront on an ACHD controlled arterial road although Sadie Creek
Avenue provides a collector systemfor the internal circulation ofresidents.
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 special cases and on a temporary basis. The
Eagle Road access shall be eliminated from this project if the Meridian City Council does not
grant a variance and/or if ITD does not approve an approachfor this site.
.
Chapter VII, Goal N, Objective D, Action 5: Require appropriate landscape and buffers along
transportation corridor (setback, vegetation, low walls, benns, etc.).
The applicant is proposing to construct appropriate bu.ffers along all of the adjacent arterial
streets with the exception of the curb cut shown on the site plan.. By ordinance, a minimum 25-
joot 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 buffèrs.
.
"The capacity of arterial. . .roadways can be greatly diminished by excessive driveway
connections to the roadways. The City should cooperate with ACHD to minimize access points
on arterial. . .roadways as development applications are reviewed." (Chapter VI, page 72)
"Develop methods, such as cross-access agreements, frontage roads, to reduce the number of
existing access points on to arterial streets." (Chapter VI, Goal II, Obj. A, #12, page 79).
"Restrict curb cuts and access points on . . .arterial streets." (Chapter VII, Goal N, Obj. D, #5,
page 107)
"Require appropriate landscape and buffers along transportation corridors (setback, vegetation,
low walls, benns, etc.)." (Chapter VII, Goal N, 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."
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 property pennitted effective September 15, 2005.
2. The nature of the use does not change (for example a residential use to a commercial
use).
3. The intensity ofthe use does not increase (for example an increase in the number of
residential dwelling units or an increase in the square footage of commercial space)."
c. UDC 11 ~3H-4.B.2, Standards - "If an applicant proposes a change or increase in intensity of
use, the owner shall develop or otherwise access to a street other than the state highway. The
use of the existing approach shall cease and the approach shall be abandoned and removed.
1. No new approaches directly accessing a state highway shall be allowed.
Bienville Subdivision Access
V AR-05-023
PAGE 4
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 3/14/06
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 ll-3H-4.B.3, Standards - "The applicant shall construct a street, generally paralleling
the state highway, be designed to accommodate future connectivity and access to all
properties fronting the state highway that lie between the applicant's property and the nearest
section line road and/or half mile collector road."
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 (stafrs analysis in
italics). For additional analysis, see the Variance Findings in Exhibit C.
.
Development Agreement
There is no development agreement tied to the locations of Eagle Road access on the 18.43
acres that would specifically address access to Eagle Road/SH55:
.
Applicant Anrnments to Grant Variance
The applicant's arguments to grant the variance were summarized in Section 3.h of this report
(page 2). Please see the application for more details. Staff does not believe the applicant's
arguments meet the "findings test" for granting a variance. The fact that the applicant 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 (11-3H-4.B.a) is, "Was
there a lawful and properly pennitted existing use effective September 15, 2005?" The
answer is "no," because the site was not annexed, did not have any specific uses approved, or
grant any use pennits 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 Policies and Ordinance Standards.
ITD has not approved access pennits to this site.
The fact that ITD 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 terms ofthe City's
ordinances - in this case Article H of the UDC and determining the variance based on the
City's own findings.
The applicant claims that due to physical constraints on the site that they will not be able to
create a frontage road. However, the ITD policy states that a frontage "type" of connection
may be utilized, which does not have to be with a public road connection. ACHD has
approved three access points to Ustick Road, which will be upgraded at the controlled
intersection. ACHD has also provided a public road connection (Sadie Creek Avenue),
Planning Staff required multiple cross access points to the north which were to be designed as
commercial collectors with appropriate widths and limited connections (Cajon Court, Pvt).
Staff conditioned these road connections to serve as the frontage type roadways as required
Bienville Subdivision Access
V AR-05-023
PAGES
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 3114/06
by ITD for traffic circulation and no further connections would be required if properly
designed and managed.
These public access points are less than 1200 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 residential and office uses.
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 permitted" 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 findings shown in Exhibit C, staff finds there is a
lack of evidence and grounds to grant new vehicular access points to Eagle Road/SH55. We find
the letters received from ITD during the 2005-2006 annexation process make no guarantees that
pennanent access points would be approved, that staff has required a frontage road with the
project development which does meet ITD policies for interconnectivity, and this access is not
shown in the Eagle Road COITidor Study. Finally, we do not believe the applicant's arguments
meet the "findings test" for granting a variance. Therefore, staff recommends denial of the subject
application. We have prepared findings consistent with this recommendation in Exhibit C.
10. EXHffiITS
A. Project Plan (by Red Cliff Development Company)
B. Legal Description
C. Required Findings from UDC (Variance)
Bienville Subdivision Access
V AR-05-023
PAGE 6
CITY OF MERIDIAN PLANNrNG AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 3/14/06
Exhibit A: Overall Concept Plan (Red Cliff Development Company)
Ii.' I
~ !II¡IWII:~ '~-Ir 'rll:l:~~l ~F~ I
.,,~ ! J~ J1)f~ :q¡¡t iLj¡l ~-r 1
I ~~Ä 1'~:)'.J: ¡! J, Jr<"~ !!, ~~~-I'-I; ~ ~I; , ;' :,
II." ~~I¡ I¡Hr-'lft ji~~I' :~ II' ::.t'l
d J..r~! :il:t:rì~' 61~:th .J.. r !.
I . r ,:_'I~~ I, ".~
-"~I ' ¡ j "----'-"------
. N ---...-:¡ó,ø..g; -'-'~----"-
t r- .------<~:11-1'. '- ----..~-
.~~_._-----:::-:,_..,_..-.
, ,----'-':!.'S'-.--.--' '",
~"m
w
a:::
-<
:::>
a
In
~
:so
z
w
iñ
"-
c:
~ .,
~~ r,¡ I'¡
" 6 """ ,
.,'"' ~ ""'t '
~~¡¡~~.~
~:~~s ,
~:; '. ~"i :
::;j "
~ ~
~ i ,
,"-
¡,
i
- " -l -'-""'.'--'
':j If
,,' f
If
~!
<'II
U
~
I,
Ii
I :
Meridian Gateway Variance Application
Exhibit A Page I
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 3/14/06
Exhibit B: Legal Description
DESCRIPTION FOR BIENVILlE SQUARE SUBDIVISION
OCTOBER 13, 2005
A PARCEL OF LAND BEING PORTIONS OF PARCEL "0" OF RECORD OF
SURVEY NO. 6418 AND OF THE NE Y. OF SECTION 5, TOWNSHIP 3
NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, MERIDIAN, ADA
COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 5, T. 3 N., R. 1
E" 8.M., THENCE S 00"00'00" E 677.57 ALONG THE EAST LINE OF SAID
SECTION 5 TO A POINT;
THENCE N 83"54'00" W 57.36 FEET TO A POINT ON THE WESTERL Y RIGHT
OF WAY OF EAGLE ROAD, THE REAL POINT OF BEGINNING OF THIS
DESCRIPTION;
THENCE S 01°14'39" W 974,96 FEET ALONG SAID RIGHT OF WAY TO A
POINT;
ALONG THE BOUNDARY OF CAROL'S SUBDIVISION THE FOLLOWING:
THENCE N 44"05'18" W 227.63 FEET TO A POINT;
THENCE N 72°24'04" W 221.28 FEET TO A POINT;
THENCE S 77°26'30" W 667,36 FEET TO A POINT;
THENCE N 72°35'42" W 233.35 FEET TO A POINT;
THENCE N 00015'11"W 1129.35 FEET ALONG SAID BOUNDARY TO A
POINT:
LEAVING SAID BOUNDARY OF CAROL'S SUBDIVISION;
THENCE S 71°28'10" E 803.90 FEET TO A POINT:
THENCE S 83°54'00" E 510.21 FEET TO THE REAL POINT OF BEGINNING
OF THIS DESCRIPTION, COMPRISING 27.36 ACRES, MORE OR LESS.
SADIE-PARCEL A
Meridian Gateway Variance Application
Exhibit B Page I
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 3/14/06
------, - - --- - ,,--,
z
0
N UJ
4 5
0
CD
:;:)
UJ
! UJ
~
0
Q: ,.
"Í
U 10
:-
a
a
z
USTICK ROAD
32 33
,--- ----"-" --u ----~
5 14
--"----------,._-----.
CAROL'S SUBDIVISION
REVISIONS
'0/51/05 ' ANNEXA TJON EXHIBIT FOR
I' BIENVILLE SQUARE SUBDIVISION
LOCATED IN THE NE 1/4 OF SECTION S,
TOWNSHIP J NOrnH, RANGE' 1 [ T, 8 M
l\:)A COU/'rJ Y. [)ÞJW
, -"'-----------'--,, '"
DRAWN:
UBi
I Stanley CÓnsultants INC
1940 $. BONITO WAY
, SUirE 14>]
M&:RIDIAN. leMlr 6 ~GI!-;;,
208- 288,-()~,T',
-- ---- --"-"""'--------_""""",n",_,,, '"
",~,.",- "","-"--'"
""'"--"'--------",,--,,,,
OATf; 10/20/0:::1
1", j{() .
SCAlE:
. J:)3 \I~!, Bi[,<VkLèC
Meridian Gateway Variance Application
Exhibit B Page 2
CITY OF MERIDIAN PLANNING AND ZONfNG DEPARTMENT STAFF REPORT FOR HEARING DATE OF 3/14/06
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 thefollowingfindings:
A. The variance shall not grant a right or special privilege that is not otherwise allowed
in the district:
If the City Council grants the access point to Eagle RoadlSH55, it would grant a right that
is cUITently 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. They applicant has more than 800 feet with three connections to
Ustick Road with which to design multiple access points and take public street access as
shown with the 10 acres of annexation in 2004. .
Section 11-3H-3 of the UDC does state that the City Council may consider and apply
modifications to the standards of Article H upon specific recommendation of the ITD.
However, to staffs knowledge, no such recommendation has been provided to date.
B. The variance relieves an undue hardship because of characteristics of the site;
Council finds there are no physical characteristics of the site which demand access points
be constructed that are any more unique or different than other properties along Eagle
Road/SH55. For example, there are no major canals or ditches which prevent access to
Us tick 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 Finch 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 Road/SH55 would not be forced to travel north 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 % miles which will further cause
reductions in speed on Eagle Road. However, 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 to Sadie Creek Avenue, with the connection to Ustick Road west
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 southbound traffic, a controlled
intersection, and multiple turning lanes for northbound traffic.
C. The variance shall not be detrimental to the public health, safety, and welfare.
Council finds that granting the right.inlright-out access point to Eagle Road/SH55 has the
potential of increasing traffic conflicts due to the increased number of vehicles that will
need to merge with existing southbound traffic. Granting a full movement access as
requested by the Commission has the additional potential conflict of adding vehicles to
the center turn lane, does not comply with the Eagle Road Corridor study, and 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 1320 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
Meridian Gateway Variance Application
Exhibit C Page I
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 3/14/06
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