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HomeMy WebLinkAboutStaff Comments ~ .~ ., CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 8/22/2006 TO: FROM: SUBJECT: Mayor and City Council Amanda Hess, Associate City Planner Sadie Creek Promenade Access Variance City Council Hearing Date: August 22, 2006 STAFF REPORT City Of Meridian City Clerk Office · File No. VAR-06-017 - Variance request to allow a right~in only access to Sadie Creek Promenade from Eagle Road, 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 one new right-in only approach to Eagle Road, SH 55. Specifically, the new approach is to be located approximately 660 feet south of the Ustick Road / Eagle Road intersection. The Idaho Transportation Department (lTD) will not grant any approach permits on this site. The Ada County Highway District (ACHD) has approved three full accesses from Ustick Road. The first, to be located approximately 1,200 feet from the Ustick / Eagle Road intersection. The applicant will be working with ACHD and W.H. Moore, Co., to install a stop light at this access. Additionally, ACHD has approved two other access drives at approximately 500 and 700 feet west of the Ustick / Eagle intersection. 2. SUMMARY RECOMMENDATION Staff is recommending denial of the subject Variance application (V AR-05-017). 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 D). Section 11-3H-3 of the UDC does state, however, that the City Council may consider and apply modifications to the standards of Article H upon specific recommendation of the lTD. Please see Exhibit C of this staff report for a letter from the Idaho Transportation Department sent to the applicant denying a request for access on Eagle Road. 3. APPLICATION AND PROPERTY FACTS a. Site Address/Location: SW Comer of Us tick Road and Eagle Road / SH55 Township 3N, Range IE, Section 5 b. Owner Sadie Creek Commons, LLC 8080 W. Sahara Ave. Las Vegas, NY 89117 c. Applicant: Landmark Development Group, LLC 1882 Toluka Way Boise, Idaho 83702 d. Representative: Tamara Thompson, Landmark Development Group, LLC e. Present Zoning: General Retail and Commercial (C-G) f. Present Comprehensive Plan Designation: Mixed Use-Regional g. Applicant's Statement/Justification: A deceleration lane will be dedicated and constructed to ITD Sadie Creek Promenade Access Variance V AR-06-017 PAGE 1 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 8/22/2006 standards to provide a right-in only access to the subdivision. The site is unique in that a frontage road cannot be constructed to connect to the half-mile point. Additionally, eliminating all access onto Eagle Road has stalled the leasing activity at the comer and has hurt the retail viability of the property, creating an undue hardship. 4. PROCESS FACTS a. The subject application will in fact constitute a variance as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, Chapter 5, Article A (Table 11-5A-l), a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: July 31 S\ 2006, and August 14th, 2005 c. Radius notices mailed to properties within 300 feet on: July 28th, 2006 d. Applicant posted notice on site by: August 12th, 2006 5. LAND USE a. Existing Land Use(s): Vacant b. Description of Character of Surrounding Area: Residential, Commercial c. Adjacent Land Use and Zoning: 1. North: Centre Pointe Subdivision, KoW's Department Store, zoned C~G 2. West: Residential, zoned R-2 (Meridian) and Rl (Ada County) 3. South: Bienville Square Subdivision, zoned C-G 4. East: Gateway Marketplace Commercial Subdivision, zoned C-G d. History of Previous Actions: On February 21,2006, Sadie Creek Promenade was granted Preliminary Plat (PP-05-053) approval for 24 lots on 15.33 acres and Conditional Use (CUP-05-049) approval for 15,000 square feet of retail, restaurant, and office uses within the General Retail and Service Commercial (C-G) District. Also that evening, Council denied Sadie Creek Promenade a variance to allow a right-in / right-out access approach on Eagle Road. A final plat application has not been submitted to the Planning & Zoning Department to-date. Additionally, a Development Agreement has not been entered into between the applicant and the City at this time. e. Description of Use of Property: Up to 150,000 square feet of office uses and commercial uses, including retail and restaurant. 6. COMPREHENSIVE PLAN POLICIES AND GOALS The subject site is designated 'Mixed Use-Regional' on the Future Land Use Map. In Chapter VII of the Comprehensive Plan, this designation is defined in part as an area that is situated in higWy 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 also finds the following Comprehensive Plan policies to be applicable to this application: · "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 Sadie Creek Promenade Access Variance V AR-06-0l7 PAGE 2 CITY OF MERIDIAN PLANNING AND ZONING DEP ARTMENT STAFF REPORT FOR HEARING DATE Of 8/22/2006 important roadway. The City should recognize, adopt, and help implement the Eagle Road Access Control Study, prepared by ACHD in 1997." (Chapter VI, Page 71) · "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). · "Consider the Eagle Road Corridor Study in all land-use decisions." (Chapter VI, Goal II, Obj. A, #15, Page 79). · "Restrict curb cuts and access points on... arterial streets." (Chapter VII, Goal IV, Obj. D, #5, Page 107) 7. UNIFIED DEVELOPMENT CODE The following UDC sections are pertinent to this application: a. Develooment along Federal and State Highways: UDC Il-3H-l, Purpose Statement. 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-4B-l Standards: Access to State Highway 55 ~ "Use of existing approaches shall be allowed to continue provided that the following conditions are met: 1. The existing use is lawful and property permitted effective September 15, 2005. 2. The nature ofthe use does not change (for example, a residential use to a commercial use). 3. The intensity of the use does not increase (for example, an increase in the number of residential dwelling units or an increase in the square footage of commercial space)." c. UDC 11-3H -4B-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 11-3H-4B-3. Standards: "The applicant shall construct a street, generally paralleling the state highway, be designed to accommodate future connectivity and access to all properties fronting the state highway that lie between the applicant's property and the nearest section line road and/or half mile collector road." 8. ANALYSIS a. 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 D. · Develooment Agreement There is no recorded development agreement on the 15.33 acres specifically addressing access to Eagle Road / SH 55 at this time. Sadie Creek Promenade Access Variance V AR-06-0l7 PAGE 3 CITY Of MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 8/22/2006 . Eagle Road Arterial Study - Pinal Reoort (April 2004) This study was endorsed by the City Council in a January 2005 letter to Eric Shannon, 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 three access points to the site from Ustick Road. A formal letter, dated March 24, 2006, was sent to the applicant's representative, Tamara Thompson, from ITD representative Jon Ogden denying the request for an access permit from Eagle Road / SH 55. The reasoning includes increasing traffic conflicts due to the short distance from the Ustick / Eagle intersection, in turn impacting the safety and function of the highway. (See Exhibit C) Staff believes the three access points to Ustick Road eliminate the needfor any access to or from Eagle Road. - 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. . ." This statement emphasizes the need for consolidating access points and encouraging shared driveways on properties that front major roads such as highways. Cross-access between developments eliminates the need for individual accesses to / from said roads. Additionally, Meridian's adoption of the UDC, Article H, demonstrates the City's commitment to reducing the number of trips and, thus, potential accidents on Eagle Road. . ITD Ooen & Requested Permits at the Ustick Road / SH 55 Intersection There are nine legal access permits on Eagle Road / SH55 between three of the four commercial developments (Gateway Marketplace, Centre Pointe Subdivision, Smitchger Subdivision) located at the comers of Ustick Road / Eagle Road intersection. In addition, a request for one access by the Bienville development has been granted conditional approval from lTD. Sadie Creek Promenade has also requested access from Eagle Road. This totals at least 11 new access permits that are either open or being proposed within a 112 mile segment of highway. While each case will be reviewed on its own merits, there is a cumulative impact on the state highway's overall capacity that needs to be considered with each and every variance application. . Traffic Accident Data To conclude staff's analysis, we obtained accident data from the Meridian Police Department for the Eagle Road corridor for the years 2005 and 2006, to-date. Of the top ten intersections in Meridian for total number of accidents, six of those intersections were along Eagle Road / SH55 (Fairview, Ustick, Franklin, St. Luke's, Magic View, and Overland). 2005 TOP 10 MERIDIAN ACCIDENT lOCATIONS INTERSECTION TOTAL II: ACCIDENTS EAGLE I FAIRVIEW 78 MERIDIAN I OVERLAND 63 FAIRVIEW / LOCUST GROVE 36 Sadie Creek Promenade Access Variance V AR-06-017 PAGE 4 CITY Of MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 8/22/2006 EAGLE / ST LUKE'S LN 26 EAGLE / MAGIC VIEW 22 MAIN / FRANKLIN 19 EAGLE / OVERLAND 18 2006 TOP 10 MERIDIAN ACCIDENT LOCATIONS INTERSECTION TOTAL # ACCIDENTS EAGLE / FAIRVIEW 37 EAGLE /1-84 ON / OFF RAMP 34 FAIRVIEW / LOCUST GROVE 33 MERIDIAN / OVERLAND 33 MAIN / FRANKLIN 21 EAGLE / FRANKLIN 21 MAIN / FAIRVIEW 19 EAGLE / FLORENCE 19 EAGLE / MAGIC VIEW 15 NOTE: The Eagle Road / Ustick Road intersection was not on the list of top ten intersections for traffic accidents in the City of Meridian for the year 2004. There is a direct correlation 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 qause or be directly responsible for accidents, we do believe restricting the number of new accesses helps to ensure a safer roadway. b. 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 this vehicular access point from Eagle Road / SH 55. The letter received from ITD on March 24, 2006, explicitly denies any Sadie Creek Promenade access to or from Eagle Road. Staff does not believe the applicant's arguments meet the "findings test" for granting a variance. Theretore, staff recommends denial of the subject application. 9. EXHIBITS A. Vicinity Map B. Site Plan Depicting Right-In Only Access C. Letter from the Idaho Transportation Department D. Required Variance Findings from UDC Sadie Creek Promenade Access Variance V AR-06-017 PAGE 5 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE Of 8/22/2006 Exhibit A: Vicinity Map ~ ~I ~~ awl! ;n9Yi1 --~ aVOtl3~Y)j:>va ------------- ~~ ~~ 't, V~ ~.... 00- ..., '<"'~ ~ ~ ., , 't>~ , \. ~ :ro ~ Z~ ~ ~;; ._-------~-_/ OYOH i1mnt:lW awu.n.a ~ Sadie Creek Promenade Access Variance Exhibit A, Page 1 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFf REPORT fOR HEARING DATE OF 8/22/2006 Exhibit B: Site Plan Depicting Right~In Only Access 24-- .. . - .. - ;a - G . oS .. .. 4 ~ '3 II Z . f ~ .. .. .. " au j UI f' .. " .,' _0"" _.. _. ._."._. ".. ' .., ~~~~~~~~~i . ~~-----=."= ~:~,1.~~,:.~.~. JTTiTI1TtrrrffiffTT I n Iml ill.. f~ ~F JlJJJ1lliJL;fi '~:=-) IJJ. ..- ~ i E: :'-[DJ .::'/ ~. i ~ I [0' ;: j f3/1:: -. _ . rnT~: I t ~ ~ j ~1j lY:':!:l:Yfg:~:~;~ j I' [-::: ,~J gfl ~-til1L1jj) fFJ ~~}~? C'-; ~ : =c~ F ii 'fF ~ I i' ii ::; ~jtJl!j/~rJ!~ ffi ~L ) Ij~ '", --- ~._-~--~ 'J .J::JJ.. .j . "----~ CiTrT.':1rrrrrrTI'fu ~-~-,,~::,r.t~':::: / ~ iill-ytIijID .Ii ~ DHfiW~ J /~ E :] HiJ l}+lHEYHti.J I ill, ~ ~H] [HH HHJ+tftti-U ~ /~ ,[Ji ~;r if i~'-----Vr-.-'-~- '.,. "=='~" .[[] i- --~f!JC::: ~ II :::: ILf Jf.C) ~:~ i : :" l l:~'ur~:', l . :\ . --:-u-r---u-1\ . 7;/-- ;-)". Sadie Creek Promenade Access Variance Exhibit B, Page 1 c ~.. ~: .,'" " C _VI .., .. . -. ~.. ::s- ,. ....... 81... .. . ~ UJ~ -. ... . 411 c;- - . 0+ ... ...s CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 8/22/2006 Exhibit C: Letter from the Idaho Transportation Department ffll\lllSPOIn'AllON SOARD Charles Winder Chairman John X. CQmbo Viel' Chairman District 6 John McH\.Igh District 1 Bruca Sweeney Dislrict 2 Monte McCl\.Ire District 3 Gary Blick District 4 Nail Miller District 5 David Ekern, P.E. lit IDAHO TRANSPORTATION DEPARTMENT P.O. Box 8028 Boise, 10 83707-2028 D~ AbS Cs~ bIT pi-~NNl f~G pM C to ~d-e.) March 24, 2006 Tamara L. Thompson landmark Development Group, LLC. 1882 Toluka Way Boise, Idaho 83712 Re: Access Pennit Application 3-06-187 (A, e, C); SH-55, MP13.83 R, 13.91 R, & 14.00 L; VDG Retail & Sadie Creek Promenade; Landmark Development Group Ms. Thompson, Your permit application was presented to the Idaho Transportation Department (ITD) executive permits meeting on 3/22/06. The following has been determined: Sadie Creek Promenade Application for Sadie Creek Promenade access was denied. Reasonable access through Ustick Road is provided for this development. Access at the proposed approach, a short distance downstream from the Intersection, would increase traffic conflicts; impacting the safety and function of the highway. Ally appeal to this decision would requires a written submittal to the District Three Traffic OffIce. Once a written request to appeal is received the matter will be forwarded to our Legal Section. VDG Retail The executive committee concurs with District Three Traffic assessment with regard to .. --A the referenced development and is agreeable to approval of the access permit ThIs apphes to the""" applications with the condition that the mitigating measures and considerations as Gateway Marketplace outlined In this letter are provided. development across the street. Mitigating measures: · Participate in the improvement of the Eagle Road and Ustlck Road intersection to proVide double left turn lanes and right turn lanes on all approaches. · Construct auxiliary lanes at propose accesses on Ustick and Eagle Roads. · Reconfl9ure parking layout to provide a protected drive aisle at all approaches. · Construct backage roads as required by the Ada County Highway District & City of Meridian. · Any change to pavement marking shall be with durable pavement marking. Sadie Creek Promenade Access Variance Exhibit C, Page 1 ,. CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 8/22/2006 · Installation of median on Eagle Road, · Relinquishment of other property access rights to Eagle Road. · Other mitigation contributions identified in the Traffic Impact Study (TIS). If the considerations outlined are acceptable, please submit written agreement to providing the necessary mitigation contributions. Prior to issuing the access permits, we need a copy of your construction plans for review. If the outlined considerations are not agreeable. the option to appeal is available through our Legal Section. If you wish to file an appeal, please submit written notification; once received your application will be forwarded to our Legal Section for consideration. Sincerely , d Ogden, P~. Assistant District Traffic Engineer Cc: Joe Guenther, City of Meridian Sadie Creek Promenade Access Variance Exhibit C, Page 2 CITY OF MERIDIAN PLANNING AND ZONING DEP ARTM ENT STAFF REPORT FOR HEARING DATE OF 8/22/2006 Exhibit D: 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 followingjindings: 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 form Eagle Road / SH55, 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. 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, in this case, lTD on has explicitly denied any access to or from Sadie Creek Promenade from / to Eagle Road. It is ITD's standard policy to allow access to Eagle Road at the 12 mile Section. B. The variance relieves an undue hardship because of characteristics of the site; Granting access from Eagle Road may relieve some traffic congestion within the site because southbound traffic on Eagle Road / SH55 would not be forced to use Ustick Road to get through the Ustick / Eagle intersection. Drivers could make a free right-out turn from Eagle Road and avoid the left-hand turn from Ustick Road to the subject site. However, this is not tied to a physical characteristic ofthe site, which is what this finding requires. In addition, upon construction of a new traffic signal at the intersection of Ustick Road and Sadie Creek Avenue, the left-hand turn from Ustick Road should be relatively simple. It may require more time than a free right on to Eagle Road, but is still better than making non-signaled left-handed turns from U stick Road. Staff finds that no physical characteristics of the site exist which demand an access point be constructed on Eagle Road / SH55. The applicant has more than 1000 feet of frontage on Ustick Road with which to take public street access. And ACHD has approved three full-accesses to the site from U stick Road. C. The variance shall not be detrimental to the public health, safety, and welfare. According to Philip Demosthenes, Parametrix Consulting, for a vehicle traveling at 45 miles per hour, an 850 to 950 foot deceleration lane should be provided in order to safely accommodate the slowing traffic. For a vehicle traveling at 55 miles per hour, a 920 to 1140 foot deceleration lane is necessary. Said traffic should not be decelerating in the roadway. This clearly indicates that access points should be located a safe distance from signalized intersections. It is important to limit access points on major roads such as highways, as their main function is to move traffic over longer distances at higher speeds. This means separating access points on said roads so that turning movements occur at few locations. Frequent access points do increase congestion. And as traffic congestion increases, so does the likelihood of traffic conflict and the potential for accidents. Staff finds that the proposed access point is not located an acceptable distance from the Ustick Road / Eagle road intersection and that granting this right-in access point does contribute to unsafe and congested conditions on Eagle Road / SH 55. Sadie Creek Promenade Access Variance Exhibit D, Page 1