HomeMy WebLinkAboutBienville Square Access Variance VAR-06-018
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
RECEIVED
SEP 20 2006
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In the Matter of Variance request for access to SH 55 / Eagle Road, for BienviIle Square
Subdivision, by Red Cliff Development.
Case No(s). V AR-06-018
For the City Council Hearing Date of: August 22, 2006 (Findings approved on September 19,
2006)
A. Findings of Fact
1. Hearing Facts (See attached Staff Report for the hearing date of August 22, 2006,
incorporated by reference)
2. Process Facts (See attached Staff Report for the hearing date of August 22, 2006,
incorporated by reference)
3. Application and Property Facts (See attached Staff Report for the hearing date of August
22,2006, incorporated by reference)
4. Required Findings per the Unified Development Code (See attached Staff Report for the
hearing date of August 22,2006 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. S67-6503)_
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 S
11-5A.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). V AR-06-018- PAGE 1 oB
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
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 Conditions of Approval, as outlined in the attached
findings of the Staff Report for the hearing date of August 22, 2006, incorporated by
reference.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code S 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 reQuest for access to State Hie:hwav 55 / Eae:1e Road is approved
with restrictions as follows: the applicant shall be e:ranted a temporary. full access
driveway to be located approximately 880 feet south of the centerline of Ustick
Road. The temporary nature of the access beine: that the access to Eae:le Road shall
revert to a rie:ht-in / rie:ht-out at the time public street access between Sadie Creek
Promenade and Ustick Road becomes available. Immediate cross-access to/from
said access point shall also be provided to the property to the north. Sadie Creek
Promenade. See the Staff Report dated Aue:ust 22. 2006. for more information.
D. Attached: Staff Report for the hearing date of August 22,2006
By action of the City Council at its regular meeting held on the l' ~ day of
t904~ ,2006.
COUNCIL MEMBER SHAUN WARDLE VOTED ~
COUNCIL MEMBER JOE BORTON VOTED r
COUNCIL MEMBER CHARLIE ROUNTREE VOTED ~
COUNCIL MEMBER KEITH BIRD VOTED IP-
TIE BREAKER
-
MA YOR TAMMY de WEERD VOTED
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). V AR-06-0 18- PAGE 2 of 3
Copy served upon:
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WILLIAM G. BERG, JR., ITY CLERK
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CIty Clerk's Office
Dated:~O..q "OLP
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). VAR-06-018- PAGE 3 oB
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
Bienville Square Access Variance
· File No. V AR-06-018 - Variance request to allow full access from / to Bienville
Square Subdivision from Eagle Road, by Red Cliff Development
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City Council Hearing Date: August 22, 2006
STAFF REPORT
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant is requesting a variance from Section ll-3H-4 of the Unified Development Code (UDC)
that prohibits new vehicle approaches to state highways. The Variance application proposes one new full
access from / to Eagle Road, SH 55. Specifically, the new approach is to be located approximately ~ mile
south of the Ustick Road / Eagle Road intersection. Upon completion of the Eagle Road Corridor plan,
the access will be reduced to a left-in / right-in / right-out access. Deceleration and acceleration lanes will
be dedicated and constructed to ITD standards.
The Idaho Transportation Department (ITD) has provided conditional permit approval contingent on
obtaining a variance to UDC ll-3H. Sadie Creek Promenade is willing to provide cross access to the
Bienville Square at the time of development of their property.
2. SUMMARY RECOMMENDATION
Staff is recommending denial of the subject Variance application (V AR.05-0l8). Staff finds that the
application does not meet all of the findings required in the UDC in order for the City Council to grant a
variance (See Exhibit E). Section 11-3H-3 of the UDC does states that City Council may consider and
apply modifications to the standards of Article H upon specific recommendation of the lTD. (See Section
9, Page 3, for details.) On AUl!ust 22nd. 2006. Council approved a temporary. full access driveway for
this site. to be located approximately 880 feet from the centerline of the intersection of Ustick and
Eaele Roads. The full access shall revert to a rieht-in / ril!ht-out onlv driveway at the time public
street access between Sadie Creek Promenade and Ustick Road becomes available.
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. Owner
Red Cliff Development
787 E. State Street, Suite 125
Eagle, ill 83616
John Ewing
1500 El Dorado Street, Suite 4
Boise, ill 83704
c. Applicant:
Red Cliff Development
787 E. State Street, Suite 125
Eagle, ill 83616
d. Representative: Bob Unger, Red Cliff Development
Bienville Square Access Variance
V AR-06-018
PAGE 1
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 8/22/2006
e. Present Zoning: General Retail and Commercial (C-G)
f. Present Comprehensive Plan Designation: Mixed Use-Regional
g. Applicant's Statement/Justification:
There is no public street access other than the proposed access to Eagle Road / SH 55. Access via
Ustick Road and Sadie Creek Promenade is not a viable option at this time, as the current owners
have indicated that they are not in a position to provide access until the time of development of
their property. ITD has provided conditional approval for a full access on Eagle Road. (See Exhibit
C)
4. PROCESS FACTS
a. The subject application will in fact constitute a variance as detennined 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 st, 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 Ith, 2006
5. LAND USE
a. Existing Land U se( s): Vacant
b. Description of Character of Surrounding Area: Residential, Commercial
c. Adjacent Land Use and Zoning:
1. North: Sadie Creek Promenade Commercial Subdivision, zoned C-G
2. West: Residential, zoned R-2 (Meridian) and Rl (Ada County)
3. South: Residential, zoned R-2 (Meridian) and Rl (Ada County)
4. East: Gateway Marketplace Commercial Subdivision, zoned C.G
d. History of Previous Actions:
On February April 18, 2006, Bienville Square Subdivision was granted Annexation and Zoning
(AZ-05-057) approval for 18.43 acres from RUT and Rl (Ada County) to R-8 (Medium Density
Residential), R-15 (Medium High Density Residential) and C-G (General Retail and Service
Commercial). Council also approved the rezoning of 10.05 acres of C-G to R.8 and R-15 (RZ-05-
019).
Preliminary Plat (PP-05-053) approval was also granted for 54 single family residential lots, 22
multi-family residential lots, 14 common lots, and 7 commercial lots on 27.30 acres. And a
Conditional Use Pennit was approved for a mixed-use development to be located within 300-feet of
a residential district.
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.
This matter is before the City Council based upon a stipulation to remand this action from the
District Court. The applicant originally filed suit for damages against the City of Meridian and
dismissed that action voluntarily. The matter was petitioned for review before the District Court,
timely, and has now been remanded by agreement between the applicant and the City.
Bienville Square Access Variance
V AR-06-018
PAGE 2
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 8/22/2006
e. Description of Use of Property:
Future office uses and commercial uses, including retail and restaurant, and residential, including
attached townhouses and single family dwellings.
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
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 alonl! Federal and State Hil!hwavs: UDC 11-3H-I, 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 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-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."
Bienville Square Access Variance
V AR-06-018
PAGE 3
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 8/22/2006
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."
9. 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 E.
· Development AlITeement
There is no recorded development agreement on file pertaining to this site which specifically
addresses access to Eagle Road / SH 55 at this time.
· Eal!le Road Arterial Study - Final Report (Avril 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
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 to the Sadie Creek
Promenade Subdivision. A formal letter, dated June 30, 2006, was sent to Rob Haggett of Red
Cliff Development from Tamara Thompson, representative for Sadie Creek Promenade which
clearly indicates that cross-access will be provided to Bienville Subdivision at a future date.
(See Exhibit C) Staff believes the three access points to Ustick Road eliminates the need for
any access to or from Eagle Road to this subdivision.
- 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 if'ont 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 Oven & Requested Permits at the Ustick Road / SH 55 Intersection
There are nine legal access permits on Eagle Road / SH55 between the four commercial
developments (Gateway Marketplace, Centre Pointe Subdivision, Sadie Creek Promenade /
Bienville Square, Smitchger Subdivision) located at the corner of Us tick Road and Eagle Road.
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 II new access permits that are either open or being proposed within a Y2 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
Bienville Square Access Variance
VAR-06-018
PAGE 4
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 8/22/2006
variance application.
· Traffic Accident Data
To conclude staffs 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 10 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 # ACCIDENTS
EAGLE / FAIRVIEW 78
MERIDIAN / OVERLAND 63
FAIRVIEW / LOCUST GROVE 36
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EAGLE / FRANKLIN 33
MERIDIAN / FAIRVIEW 29
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 cause 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 a new vehicular access point to Eagle Road / SH 55. Staff does not
believe the applicant's arguments meet the "findings test" for granting a variance. Therefore, staff
recommends denial of the subject application. On AUl!ust 22. 2006. City Council approved one
temporary full access drivewav to be located approximatelv 880 feet south of the centerline of
Bienville Square Access Variance
VAR-06-018
PAGE 5
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARiNG DATE OF 8/22/2006
Ustick Road. The full access point driveway to Eae:le Road shall revert to a ri2ht-in / rie:ht-out
at the time public street access between Sadie Creek Promenade and U stick Road becomes
available. The applicant shall provide cross-access immediately to the property to the north.
Sadie Creek Promenade. to/from said access point.
10. EXHffiITS
A. Vicinity Map
B. Site Plan Depicting Full Access
C. Letter from Tamara Thompson, Sadie Creek Promenade Representative
D. Letter from the Idaho Department of Transportation
E. Required Variance Findings from UDC
Bienville Square Access Variance
V AR-06-018
PAGE 6
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 8/22/2006
Exhibit A: Vicinity Map
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Bienville Square 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 Full Access
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Bienville Square Access Variance
Exhibit B, Page 1
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 8/22/2006
Exhibit C: Letter from Tamara Thompson, Sadie Creek Promenade Representative
landmark
development group, LLC
June 30. 2006
Rob J laggctt
RedC'li rr Development
787 East Stale StlVet. suite 125
Kittyhawk Pla:t,a
Eagle. JO 83616
RE: SWC Ustick and Eagle (Sadie Creck Promenade)
Dcar Rob:
The lollllwing is tu clarity our development intentions and timing on the SWC of Ustick
and Eagle.
My clients are nOI s~'Culative developers so \\-e arc very m~h at the mercy ortenant
interest and leasing. We are actively marketing the property but 8t this time we do nol
have any tenants. Frankly. the lack of access 10 and from Eagle Rood hus brought Icasing
activities to 8 stand still.
As a development eooditioll of upproval. the City of Meridian reqUircll thaI "c provide
Cross acces.'l to your property tlCfOS$ our project to \l!niek Road. In the evenl we proct.'ed
with development we will comply with those tenns at that time. We are not in a positiun
to provide this cross access any earlier than with the development of the propeny.
Sincerely.
tl82 Tolu" Way Bolle. ID 83112
. i\:: L 208.342.4518
28'.342.451&
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Bienville Square Access Variance
Exhibit C, Page 1
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 8/22/2006
Exhibit D: Letters from the Idaho Transportation Department
TRANlIPOfITATlON ~
Charles Winder
Chairman
John X. Combo
Vice Chairman
Dislriet 6
John McHugh
District 1
Bruce Sweeney
District 2
Monte McClure
District 3
Gery BliCk
Distrlct 4
NeUMiller
District 5
David Ekern, P.E.
DirBCtor
SUB HiggIns
fJoBrd S8Cr9tary
IDAHO TRANSPORTATION DEPARTMENT
P.O. Box 8028
Boise, 10 83707-2028
(208) 334-8300
itd.idaho.gov
ApriJ4,2006
Bob Unger
Falla Inc.
2076 S. Eagle Rd.
Meridian, Idaho 63642
Re: Access Permit Application, 3--05-066
Mr. Unger:
In regards to the installation of raised medians, one of the conditions for access approval
provided In our letter dated March 28, 2006; it has been determined this will not be a
requirement of your application. The installation of medians on Eagle Road will be
addressed through our future Improvement project for the corridor. As a result, raised
medians are not one of the mitigating measures for access approval. All other conditions
mentioned in our 3/28/2006 letter are still required. If those conditions are acceptable.
please notify us in writing so that approval of your application can go forth; include a set of
your construction plans for Department review & approval prior to permit issuance.
Additionally, prior to final approval of your application, written assurance must be provided
to the Department on the participation with the Eagle Road & Ustick Road intersection
improvements currently under development with the W.H. Moore Company.
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l._,,/' Jon Ogden.
Assistant District Traffic Engineer
Bienville Square Access Variance
Exhibit D, Page 1
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 8/22/2006
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IDAltO TRARSPOIlTATION DEPAItT..eHT
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March 28. 2006
Bob Unger
Folio Ine.
2016 S. Eagle Rd.
Meridian, Idaho 83642
Re: Access Pennlt AppIiQltion, 3..Q5-066
Mr. Unger.
Your permit applicllltlon was presented to the Idaho Tramiportallon Department (ITO)
executMt permits meeting on 3122106.
The executiw committee concurs With District Three Trafflc asses:sment with regard to
the referenced development iIIld 1& agreeable to approval of the aCC8S$ permit applicatp1
with the condition that the mitigating measures and considerations as outlined In this letter
aN provided. '
Mitlgattng meu&&n&:
. Participate 10 the Improvement of the Eagle Road and Ustlck Road intersection lo
provide double left tum lanes and right turn lanes _on all approaches.
. Construct awdllary lanes at propose acceases on Ustlck and Eagle Roads.
· Reconfigunt partOng layout to provide 8 protected drive aisle at all approache$.
· Construct bactcsg8 roads as required by the Ada County Highway District & City of
Meridian. .
. Any chenge to pawment marking shall be with durable pavement marking.
· lns18l1atlon of median on Eagle Read,
. RelInquishment of other property ac:eess rights to Eagle Road.
If the considerations outlined are acceptable, please submit written qgreement to
providing the necessary mitigation contribUtions. Prior to issuing the access ~ita. \\If
need 8 copy fA your construc:llon plsns for review. ..
If the ouUlned considerations are not agreeable. the option to appeal is available thtough
our LeQeI section. If you wish to tile an -.ppeal, please submit written noliflcation; once
reeeMtd your app8callon wll be fOlWBrded to our Legal Section for consideration.
Bienville Square Access Variance
Exhibit D, Page 2
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 8/22/2006
Exhibit E: 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:
The subject site is unable to obtain adequate access via the property to the north, Sadie Creek
Promenade. Sadie Creek Promenade will not develop, and therefore will not provide cross-access to
Bienville Square, until a fonn of access is granted onto Eagle Road and is useable by the Sadie Creek
development. Granting a variance does not award a special privilege to the Bienville Square project as
it is considered landlocked, without a much needed access point, until the time of development of
Sadie Creek Promenade.
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.
B. The variance relieves an undue hardship because of characteristics of the site;
City Council finds a substantial hardship exists on the subject site to obtain adequate access via the
property to the north, Sadie Creek Promenade, which was not created by the applicant or the
developer.
Council finds that the access shall be located approximately 880 feet from the intersection of Ustick
Road and Eagle Road, which meets staff's concerns as detailed in this staff report. Council also finds
that the access shall be designated a temporary full access and shall revert to a right-in / right.out at the
time public street access between Sadie Creek Promenade and Ustick Road becomes available.
Council requires that the applicant provide cross-access immediately to the property to the north, Sadie
Creek Promenade, from said access point, as presented during the public hearing on August 22, 2006.
C. The variance shall not be detrimental to the public health, safety, and welfare.
Council finds that granting the pennanent right-in / right-out access point at approximately 880 feet
south of Ustick Road, with a direct connection to the property to the north, will allow for a better
connection to meet the need to merge with existing southbound traffic. Granting a permanent full-
movement access does have the additional potential conflict of adding vehicles to the center turn lane
where the speed limit is known to be 55 miles per hour. Said access, if designed as restricted and
presented during the August 22, 2006, public hearing, will not be detrimental to the pubic health,
safety, and welfare of the community.
Bienville Square Access Variance
Exhibit E, Page 1