HomeMy WebLinkAboutMeridian Gateway VAR 05-027
RECEIVED
SEP 1 4 2006
CITY OF MERIDIAN
FINDINGS Q~FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
City Of Meridian
City 1 Office
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In the Matter of Variance request for access to SH 69/ Meridian Road, for Meridian
Gateway by White-Leasure Development.
Case No(s). V AR-05-027
For the City Council Hearing Date of: May 2, 2006 and June 6, 2006
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of May 2,2006 incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of May 2,2006 incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of May 2,
2006 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of May 2,2006 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 (LC. 967-6503).
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 9
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-05-027- P AGE I 00
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 restricted approval in accordance with this
Decision, which shall be signed by the Mayor and City Clerk and then a copy served by
the Clerk upon the applicant, the Planning Department, the Public Works Department and
any affected party requesting notice.
7. That this approval is subject to the Legal Description, Site Plan, and the all in the
attached findings in the Staff Report for the hearing date of May 2,2006 incorporated by
reference.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code 9 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 Reauest for access to SH 69IMeridian Road is herebv
approved with the restrictions placed on the site bv the Meridian City Council at
the June 6. 2006 public hearin2. The applicant shall be 2ranted one. ri2ht-in/ri2ht-
out onlv access to Meridian Road. located no closer than 500 feet south of
Overland Road to be measured from the center line of Overland Road. Further.
said access shall extend directly to the property to the west. Please see the Staff
Report dated Mav 2. 2006 for more information.
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 [mal action ofthe governing body ofthe City of
Meridian, pursuant to Idaho Code 967-6521 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 May 2, 2006
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). V AR-05-027- PAGE 2 00
By action of the City Council at its regular meeting held on the cJl~ day of
..:r~ , 2006.
COUNCIL MEMBER SHAUN WARDLE
VOTED if ii
VOTED~
VOTED Ab~+O l h
COUNCIL MEMBER JOE BORTON
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
VOTED~
TIE BREAKER
MAYOR TAMMY de WEERD
VOTED ~
ATTEST:
MAYOR MY de WEERD
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). V AR-05-027- PAGE 3 of 3
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 5/2/2006
STAFF REPORT
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Hearing Date: May 2, 2006 ~g /' ,'~ 0' ~ '
Reconsidered and Approved: June 6. 2006'\...-/VltJrldicrn'--s;\t
C . d ~ '118 2006 IL).\HO )~
ontmue lrom: Apn ,.<~..-
Reconsidered from: March 14, 2006 '<~\!_"t'f"!o:!::"",,"':'l"8" :::(1"
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Continued to: February 21,2006
Hearing Date: February 7,2006
Mayor and City Council
Joe Guenther, Associate City Planner
Meridian Gateway Variance
File No. V AR-05-027
TO:
FROM:
SUBJECT:
Variance request to allow two access points onto Meridian Road, SH 69 by
White Leasure 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 (ODC)
that prohibits new vehicle approaches to state highways. The Variance application proposes two new
approaches to Meridian Road, SH 69, including one right-inlright-out and one full access driveways. On
December 15, 2005, Idaho Transportation Department (ITD) staff submitted a response to the request for
access to Meridian Road. ITD staff indicated that the two proposed access points do not meet district
policies. In December 2005, ITD's executive committee conditionally approved the locations contingent
on obtaining a Variance to Section 11-3H ofthe UDC. The main reasons the applicant believes a
variance is justified are summarized in Section 3.h. on page 2 of this report.
On March 14, 2006 the Planning Director asked for reconsideration of the item to determine findings and
clarify the intent of the council. On April 18, 2006 the Meridian City Council moved to approve one
variance location at approximately 730 feet south ofthe centerline of Overland Road and Meridian
Road/SH69. This report contains the findings for approval as revised on April 18, 2006. On Mav rd.
2006. the Meridian City Council voted to reconsider their approval from April1Sth. On June 6th.
2006. the Council modified their decision and voted to allow one rie:ht-inlrie:ht out access to
Meridian Road located no closer than 500 feet south of Overland Road to be measured from the
center line of Overland Road. This report contains the findiDe:s for approval as revised on June
6.2006 (please see below for details.)
The Variance application pertains to the 9.08 acres proposed as a commercial development, the applicant
has not submitted development applications consecutively with the variance request. Meridian Gateway
was annexed into the City of Meridian on August 25,2005 subject to the development agreement
#105134293. The City Council has [mal decision authority on the Variance application.
2. SUMMARY RECOMMENDATION
Staff recommended denial of the subject Variance application (V AR-05-027) for the reasons listed in the
staff report dated February 21, 2006. Staff cannot 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 of the lTD. Also, Exhibit B of the Meridian Gateway Development
Agreement makes the finding that curb cuts will not be allowed to Meridian Road, SH 69. On June 6.
2006 the City Council voted to e:rant one rie:ht-inlrie:ht out access to Meridian Road for this site.
Meridian Gateway Access
V AR-05-027
PAGE 1
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 5/2/2006
3. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
SW comer of Overland and Meridian Road, SH 69
Township 3N, Range 1 W, Section 24
b. Owner
William and Mary Howell
497 White Cloud
Boise, Idaho 83703
c. Applicant:
White Leasure Development Company, Jeff Huber
416 South 8th Street, Ste 200
Boise, Idaho 83702
d. Representative: Jeff Huber, White Leasure Development Company
e. Present Zoning: General Retail and Commercial (C-G), Meridian
f. Present Comprehensive Plan Designation:
Commercial- 2002 Comprehensive Future Land Use Map
g. Description of Applicant's Request:
1. See Exhibit A (prepared by White-Leasure Development Company) for a copy of the
overall conceptual site plan which depicts the proposed driveway locations.
h. Applicant's Statement/Justification: The application lists the following key arguments for
allowing the new access points to Meridian Road, SH 69:
· We began the process of securing access to Meridian Road before adoption of the
UDC;
· There is no possibility of providing a frontage road as ITD policy claims;
· ITD has already granted approach permits for the project on the east side of Meridian
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 determined by City Ordinance. By
reason of the provisions ofthe 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. The Meridian City Clerk's Office has on file documents regarding site posting and noticing for
this application.
5. LAND USE
a. Existing Land Use(s): Various illegal uses
b. Description of Character of Surrounding Area:
oriented services, rapidly urbanizing
c. Adjacent Land Use and Zoning
1. North: Mr. Sandman Sub #2 and Interstate Center Sub, zoned C-G with an
existing convenience station
Single family residential, highway-
Meridian Gateway Access
V AR-05-027 PAGE 2
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 5/2/2006
2. West: unplatted, zoned C-G
3. South: Elk Run Sub, currently used for Residential purposes, zoned R-8
4. East: Southern Springs Sub #2, zoned C-G
d. History of Previous Actions: File AZ-04-031, Annexation and Zoning for Meridian
Gateway. Same property was annexed and zoned to General Retail and Commercial (C-G)
with a Development Agreement on August 25,2005.
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer: Extension of mains in Overland Road
Location of water: Extension of mains in Overland Road
Issues or concerns: None
2. Vegetation: none
3. Flood plain: N/ A
4. Canals/Ditches Irrigation: none.
5. Hazards: There is an existing clean up in process at this site for gasoline contaminated
soils. Also there is much junk on site as well as dangerous materials being stored
improperly.
6. Size of Property: 9.08 acres
7. Description of Use: five pads for approximately 51,000 s.f. retail/commercial
development (conceptual)
f. Subdivision Plat Information - N/ A
g. Landscaping - N/ A
h. Planned Development Characteristics - N/ A
1. Amenities - N/A
J. Off-Street Parking (residential uses) - N/A
k. Proposed and Required Residential Standards - NIA
1. Proposed and Required Non-Residential- NI A
m. Summary of Proposed Streets and/or Access (private, public, common drive, etc.):
The applicant is proposing two new access points to Meridian Road/SH69 at the
following locations (see Exhibit A):
· Driveway # 1 - approximately 363 feet south of Overland Road
· Driveway #2 (main access, aligned with Southern Springs) - 730 feet south of
Overland 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 specifically states that no curb cuts shall
be allowed to Meridian Road, SH 69 in support of the Meridian Comprehensive plan for
Gateway Corridors and ITD policy in place at the time of annexation.
Meridian Gateway Access
V AR-05-027
PAGE 3
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 5/2/2006
For a detailed report on both ITD's and ACHD's actions and comments, please see the
letters submitted with the application.
6. AGENCY COMM:ENTS All agencies provided comments for the annexation application with the
exception of ACHD and ITD. 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
'Commercial' on the Future Land Use Map. The 2002 Comprehensive Plan Future Land Use Map
designates the subject property as "Commercial". In Chapter VII of the Comprehensive Plan,
"Commercial" areas are anticipated to provide a full range of commercial and retail to serve area residents
and visitors. Uses may include retail, wholesale, service and office uses, multi-family residential, as well
as appropriate public uses such as government offices. Staff finds that the C-G zoning generally conforms
to this stated purpose and intent of the Commercial designation.
Staff also finds the following 2002 Comprehensive Plan text policies to be applicable to this application:
· "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 IV, Obj. D, #5,
page 107)
· "Require appropriate landscape and buffers along transportation corridors (setback, vegetation,
low walls, berms, 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-l, Purpose. One ofthe 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 ll-3H-4.B, Standards: Access to State Highway 69- "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 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 ll-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.
2. Public street connections to the state highway shall only be allowed at:
Meridian Gateway Access
V AR-05-027
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CITY OF MERIDIAN PLANNING AND ZONING DEP ARTMENT STAFF REPORT FOR HEARING DATE OF 5/2/2006
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 11.3HA.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.
· Development Acreement (between WhiteRLeasure Development Companv and City of
Meridian. Instrument #105134293. recorded 8/25/05)
The DA includes two sections that specifically address access to Meridian Road/SH69:
. Para. 1.7 (Findings), which states that "Restrict curb cuts and access points on collectors and
arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2)
The Idaho Transportation Department (ITD) has a policyfor 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.
Stafffinds that the proposed access points to Kuna-Meridian Road (SH 69) and Overland
Road shall be subject to the location requirements of ITD and ACHD respectively. In
comvliance with the Meridian Comvrehensive Plan no curb cuts shall be allowed on Kuna-
Meridian Road (SH 69).
. Para. 5D.2, which cites that any future uses shall obtain conditional approval subject to the
conditions of ACHD and lTD.
Said ITD policies strongly discourage direct access to Meridian Road and/or arterials in
Meridian. The applicant was given ITD policy on December 1,2004 by Mr. Dan Coonce
P.E. District Traffic Engineer, who stated "that the access to the development could be
developed off of Overland Road and not off of Sta te Highway (69). This section of SH-69 has
been designated a Principal Arterial Type IV ITD would like the City of Meridian to help us
preserve this corridor by recognizing the following conditions. Building setbacks for future
right of way widths will be, A: 120 feet each side of centerline (240feet total) to include a
frontage road, or B: 70feet each side of centerline (140 feet total) if the developer provides
an internalfrontage type road system to feeder roads. "
· Applicant Anruments to Grant Variance
Meridian Gateway Access
V AR-05-027
PAGE 5
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 5/2/2006
The applicant's arguments to grant the variance were summarized in Section 3.h ofthis 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 began
the process of securing access to Meridian Road 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 permitted existing use effective September 15, 2005?" The answer is "no," because
the DA did not approve any specific uses or grant any use permits for the property - it only
annexed the land and required all future uses to be upgraded to meet the City of Meridian
Standards and required all future uses to submit for Conditional Approval. ITD has not
approved access permits to this site.
The fact that ITD has already granted approach permits in the area is also not the issue at
hand for the City Council. The City Council is charged with enforcing the terms of the
recorded DA and following the 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 two access points to Overland Road, which will be upgraded at the controlled
intersection. These access points are less than 753 feet from any point on the site and
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 1/8th of a mile when accessing a public road system.
Furthermore, the DA includes a statement that an access "may" be granted, if approved by
ITD. 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 acknowledged as illegal or non.conforming to 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 fmds there is a
lack of evidence and grounds to grant new vehicular access points to Meridian RoadlSH69 . We
find the recorded DA and letters received from ITD during the 2004-2005 annexation process
make no guarantees that permanent access points would be approved. Conversely, the only hint
that new access points may be allowed is found in condition #A.3.c on page 4 of the DA which
uses the words "may connect to Meridian Road, if allowed by ITD." 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.
9c. Council Reconsideration/Action: On April 18, 2006 the City Council reconsidered the item
with full testimony from the neighborhood, the owner, and the owners traffic engineers. The
council made a partial finding on the variance request for approval and could find a hardship on
the site for the southernmost access point (approximately 730 feet south of the centerline of
Overland Road), the council could not find a hardship for the access closest to the intersection
and made a motion consistent with these fmdings as attached in Exhibit C. On June 6. 2006 the
City Council approved one rie:ht-in/rie:ht-out access to Meridian Road for this site. located
no closer than 500 feet south of Overland Road. The applicant is reouired to provide and
extend the access immediatelv to the property to the west.
10. EXHIBITS
A. Overall Alternative Concept Plan (by White-Leasure Development Company)
Meridian Gateway Access
V AR-05-027
PAGE 6
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 5/2/2006
B. Legal Description
C. Required Findings from UDC (Variance)
Meridian Gateway Access
V AR-05-027
PAGE 7
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 512/2006
Exhibit A: Overall Alternative Concept Plan (White-Leasure Development Company)
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416 South 8th Street,. Suit. 200
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Phllfle; (208) 345-1842
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Meridian Gateway Variance Application
Exhibit A Page I
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 5/2/2006
Exhibit B: Legal Description
Roylance & AssOCiates P .A.
Engineers . Surveyors. Landplanners
-"~-Telephone (208) 939-2824 Fax (208) 939-2855
391 W. Slate Street, SU~e E, Eagle, Idaho 83616
October 15, 2004-
Project Number 2560
Legal De..~ription
White-Leasure Development Company
Annexation Arc<l
9.08 Acres
A tract of land situated in the Northeast One Quarter of the Northeast One Quarter of Section 24, Township 3
North, Range 1 West, Boise Meridian, Ada County, Idaho, described as follows:
Commencing at the Section Comer monumenting the Northeast corner of said Section 24 lmd the POINT OF
BEGINNING.
1bence following the northerly hne of said Section 24 and the centerline of West Overland Road,
North 89046'45" West a distance of 525.00 feet 10 a point;
Thence leaving said northerly line and the centerline of West Overland Road, South 00037'36" West a
distance of 753.50 feet to a point on the northerly line of Elk Run Subdivision, a recorded plat on file
in Book 63 of PlaL~ at pages 6303 and 6304, Records of Ada County, Idaho;
Thence following said northerly line South 89046'45" East a distance of 525.00 feet to a point on the
ea~terly line of said Section 24 and the centerline of South Meridian Road;
Thence leaving said northerly line and following the easterly line of Section 24 and the centerline of
South Meridian Road, North 00037'36" EMt a distance of 753.50 feet to the POINT OF
BEGINNING.
The abovc-described tract of land contains 9.08 acre.~, more or less, subject to all existing casements and
rights-of-way.
Prepare4 By: ROYLANCE & ASSOCIATES PA
391 W. STATE STREEr, sur E ~o
EAGlE, IDAHO 83616 1l~1 "foP ~
(208) 939-2824 f5'(
(208) 939-2855 FAX OCi 'l.1j 'l.\.\\.\~
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Meridian Gateway Variance Application
Exhibit B Page 1
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 5/2/2006
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 foliowingjindings:
A. The variance shall not grant a right or special privilege that is not otherwise allowed
in the district:
The City Council finds a hardship on the ability of the site to provide adequate access to
the southernmost portion of the site. The access could act as an internal/commercial
frontage road to Overland Road as Bear Creek Subdivision is fully developed south of the
site. This feature is unique to the site and does not propose a special privilege.
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.
B. The variance relieves an undue hardship because of characteristics of the site;
Council finds the hardship is the inability to have cross access to the parcels south of the
site which was not created by the developer.
Council finds that the request for access closest to Overland Road is not a hardship as
Overland Road provides adequate access for the northern portion of the site.
Council finds that the access shall not be closer than 500 feet from the intersection of
Meridian Road and Overland Road which is intended to meet staffs concerns as detailed
in the report and as presented at the hearings on April 18, 2006 and June 6,2006.
Council finds that the access shall also be designed as right inlright out only which is
intended to meet staffs concerns as detailed in the report and as presented at the hearing
April 18, 2006 and June 6, 2006.
C. The variance shall not be detrimental to the public health, safety, and welfare.
Council finds that granting the right-inlright-out access point at no closer than 500 feet
south ofthe Overland/Meridian Road/SH69 intersection, with a direct connection to the
property to the west, will allow for a better connection to meet the need to merge with
existing southbound traffic. Granting the full movement access has the additional
potential conflict of adding vehicles to the center turn lane where the speed limit is 55
miles per hour. The access, if designed as restricted, and as detailed in this report, with
the testimony received at the April 18 and June 6, 2006 public hearing shall not be
detrimental to the pubic health, safety, and welfare ofthe community.
Meridian Gateway Variance Application
Exhibit C Page I