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CITY OF MERlDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF FEBRUARY 27 2007 FE
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Hearing Date: February 27,2007
Mayor & City Council
Sonya Watters, Associate, City Planner
(208) 884-5533
SUBJECT:
Jacksons Food Stores
. V AC-07-001
Request to vacate plat note 6 on the Porky Park Subdivision No.1 fmal plat,
which prohibits direct lot access to N. Eagle Road (SH 55), by Jacksons Food
Stores, Inc.
. V AR-07-002
Request for a variance from UDC 11-3H-4B2 to allow the construction of a
right-turn only access to N. Eagle Road for Jackson's Food Stores, by
Jackson's Food Store, Inc.
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Jackson's Food Store, Inc., is requesting approval to vacate plat note 6 from the Porky
Park Subdivision No. 1 fmal plat. Plat note 6 prohibits direct lot access to N. Eagle Road (SH 55). A
variance is also being requested from UDC 11-3H-4B2, which prohibits direct access to a state highway,
at locations other than Yz mile between arterial (section line) roads. The applicant has submitted the
subj ect applications, requesting Council approval of a right-turn only access to N. Eagle Road for the
Jackson's Food Store. The site is located at 3291 E. Pine Street, on the southeast comer ofN. Eagle Road
and E. Pine Street.
2. SUMMARY RECOMMENDATION
Staff finds that the situation does not meet the findings criteria required in the UDC in order for the City
Council to grant a variance (see Exhibit C for the required variance findings). Because staffis
recommending denial of the requested access variance (V AR-07.002), staff is also recommending denial
of the requested plat note vacation (V AC-07 -001). Staff is recommending denial of the subject
Vacation (V AC-07-001) and Variance (V AR-07-002) applications for the reasons stated herein.
3. PROPOSED MOTIONS
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers V AR-
07-002 and V AC-07-001, as presented in the staff report for the hearing date of February 27,
2007, for the following reasons: (you should state specific reasons for denial.)
Continuance
After considering all staff, applicant and public testimony, I move to continue File Numbers
V AR-07-002 and V AC-07-001 to the hearing date of (date certain) for the following reason(s):
(you should state specific reason(s) for continuance.) OPTIONAL: I further move to direct
Staff to prepare Findings and Conditions of approval for this project, to be considered at
the (date certain) public hearing.
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
3291 E. Pine Street (Lot 1, Block 1, Porky Park Subdivision No.1)
Jacksons Food Stores V AC V AR
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARlNG DATE OF FEBRUARY 27, 2007
SW ~ of Section 9, Township 3 North, Range 1 East.
b. Owner:
Jacksons Food Stores, Inc.
P.O. Box 610
Meridian, ill 83642
c. Applicant:
Same as owner
d. Representative: Jack Davis, Jacksons Food Stores, Inc.
e. Present Zoning: C-G
f. Present Comprehensive Plan Designation: Commercial
g. Description of Applicant's Request: The applicant is requesting approval to vacate plat note 6
on the final plat for Porky Park Subdivision No.1, which prohibits direct lot access to N.
Eagle Road (SH 55). A Variance is also requested from UDC 11~3H-4B2, which prohibits
direct access to a state highway, to allow construction of a right-turn only direct access to N.
Eagle Road.
h. Applicant's Statement/Justification: "The reason for this request is simple-to improve
overall traffic safety and circulation in the area and to the site. The Idaho Transportation
Department should hold the right to detennine when access to Eagle Road is appropriate and
when it is not, especially where ITD granted such access as consideration for a prior
condemnation, as is the case here. They have authority over control of access to their
highway system. There is history of an allowed access to Eagle Road from the site that
appears to have been extinguished without remedy. The characteristics of the site create a
hardship to the project. Although access to Pine Street is currently the only access to the
property, it is far from ideal. Traffic signalization at the intersection of Eagle and Pine, along
with traffic control medians in Pine Street; require customers to navigate a maze of
obstructions and other traffic to visit the site. Although this comer may have excellent
visibility, its access is poor. The existing access creates an undue hardship on the site due to
the circuitous route that patrons must use to reach the site. The construction of the restricted
access to Eagle Road will improve traffic safety and circulation in the area as set forth in the
traffic study conducted for this site. The access with the stacking lane south of the site will
allow many customers to enter the site without navigating the obstructions currently in place
on Pine Street. The proposed Eagle Road access will not allow vehicles to re-enter Eagle
Road. This access will enhance traffic safety and reduce intersection delay at Eagle and Pine
by 9.1 seconds or 13%. Please review our traffic engineer's report that is enclosed in the
application on this matter. Since the lot we own is the one impacted by the plat note, no other
parties should be impacted by this vacation." The City of Meridian, as well as lTD, has the
authority to deny access to SH 55 per UDC 11-3H The Idaho Transportation Department
has submitted a letter to the City denying the applicant's request for a variance for access to
SH 55 based on consistency with local Planning & Zoning actions and on the safety of the
traveling public. lTD currently has a project to constrnct a right turn lane for northbound
traffic to turn onto Pine Avenue. Any access from this turn lane could result in operational
problems with the future turn lane.
5. 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, a public hearing is
Jacksons Food Stores V AC V AR
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF FEBRUARY 27, 2007
required before the City Council on this matter.
b. The subject application will in fact constitute a Vacation as determined by City Ordinance. By
reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is
required before the City Council on this matter.
c. Newspaper notifications published on: February 5th and February 19th, 2007
d. Radius notices mailed to properties within 300 feet on: February 2nd, 2007
e. Applicant posted notice on site by: February 12th, 2007
6. LAND USE
a. Existing Land Use(s): Jacksons Food Stores gas station & convenience store (commercial)
b. Description of Character of Surrounding Area: The surrounding area consists of commercial
and industrial uses along with undeveloped commercial and industrial property.
c. Adjacent Land Use and Zoning:
1. North: Metro Express Carwash, zoned C-G.
2. West: Vacant undeveloped property, zoned I-L.
3. South: Industrial businesses, zoned I-L.
4. East: Country Inn & Suites hotel zoned C-G.
d. History of Previous Actions:
). This property was rezoned (RZ-05-004) from I-L to C-G and a Conditional Use Permit
(CUP-05-0I2) was approved for a convenience store and gas station on 5-24-05
). A Preliminary Plat (PP-05~026) was approved by City Council for Porky Park
Subdivision on 8-16~05.
). A final plat (FP-05-066) that contains the subject lot was recorded in 2006 for Porky Park
Subdivision No.1.
). A Certificate of Zoning Compliance (CZC.05~100) was approved on 8.1~05 for Jacksons
Food Stores on this site.
7. UNIFIED DEVELOPMENT CODE
The following UDC section is pertinent to this application:
· UDC lI-3H-4B: Access to State Highway 69, State Highway 55, and State Highway 20-26:
1. Use of existing approaches shall be allowed to continue provided that all of the following
conditions are met:
a. The existing use is lawful and properly permitted effective September 15, 2005. The CZC for
Jacksons Food Stores was approved prior to 9-15-05; however, the site was not approved
with an access point to SH 55.
b. The nature of the use does not change (for example a residential use to a commercial
use). The use of the site has changed from undeveloped industrial property to
commercial property.
c. 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).
Jacksons Food Stores V AC V AR
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CITY OF MERIDlAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF FEBRUARY 27, 2007
The intensity of the use on the site has increased significantly from undeveloped
industrial property to commercial property with a gas station & convenience store.
2. If an applicant proposes a change or increase in intensity of use, the owner shall
develop or otherwise acquire 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.
a. No new approaches directly accessing a state highway shall be allowed.
The CUP, PP, FP, & CZC approved for Jacksons Food Stores on this site in
2005, ALL prohibited access to SH 55; sole access to the site was approved from
Pine Street. Plat note 6 on the final plat for Porky Park Subdivision No. 1
specifically states that direct lot access to Eagle Road is prohibited.
b. Public street connections to the state highway shall only be allowed at:
i. The section line road; and
Public street section line connections to SH 55 exist at E. Fai1>liew Avenue
and E. Franklin Road.
ii. The half-mile mark between section line roads. These half-mile
connecting streets shall be collector roads.
East Pine Street, a collector roadway, exists along the north boundary of the
site at the half-mile mark between section line roads.
8. ANALYSIS
a. Analysis Leading to Staff Recommendation
Staff has provided analysis below regarding the proposed applications.
VARIANCE APPLICATION:
The applicant is requesting a variance from 11-3H-4B, which prohibits direct access to a state
highway, to allow for the construction of a right-turn only direct access to N. Eagle Road for
Jackson's Food Store to be located approximately 315 feet south of the Pine Street/SH 55
intersection.
The applicant mentioned in their narrative submitted with this application that this site
previously had an approved access point to Eagle Road but that it appears to have been
extinguished without remedy. lfthe site had an approved access point to State Highway 55, it
would not have been allowed to continue when this site developed, according to UDC 11-3H~
4B, cited above in Section 7. The nature of the use has changed from undeveloped industrial
property (zoned I-L) to commercial property (zoned C-G) and the intensity of the use has
increased significantly with the construction of a gas station and convenience store. With
these changes, access to the state highway is required to cease and access must be provided
from a street other than the state highway. The site is currently in compliance with this
requirement as the site is currently accessed from E. Pine Street but would not be in
compliance if an access point to SH 55 is allowed.
To grant a variance, the Council needs to make the following findings:
1. The variance shall not grant a right or special privilege that is not otherwise allowed in
the district;
2. The variance relieves an undue hardship because of characteristics ofthe site;
3. The variance shall not be detrimental to the public health, safety, and welfare.
Jacksons Food Stores V AC V AR
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CITY OF MERIDlAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF FEBRUARY 27, 2007
Staff believes that granting a variance would allow a right or special privilege that is not
otherwise allowed for properties that are adjacent to a state highway. Staff finds that granting
the subject variance would be detrimental to the public health, safety, or welfare according to
the letter submitted by Sue Sullivan from the Idaho Transportation Department (ITD), dated
February 8, 2007 (see letter attached in Exhibit B of this staff report for more detail). Staff
believes that adding another access point 315 feet south of the intersection of Pine Street &
SH 55 would be hazardous for vehicles slowing down to turn into this site. Also, with ITD's
plan to construct a right turn lane for northbound traffic to turn onto Pine Street, Staff
believes the potential for accidents would increase significantly. Any access from this turn
lane could result in operational problems with the future turn lane. While Staff recognizes
that allowing a right-in access would enhance traffic flow to the site, Staff cannot support an
access point that would affect the safety of the public, as stated in ITD' s letter. Staff believes
that the safety of the traveling public in this area outweighs the need for an additional access
point to the site. Further, Staff does not believe that the current access to and from the site is
an undue hardship for which the City should grant a variance because or the characteristics of
the site. For the reasons listed herein, Staff is recommending denial of the Variance
application (see Exhibit C for required variance findings).
VACATION APPLICATION:
The applicant is requesting that plat note 6 on the Porky Park Subdivision No.1 final plat,
which prohibits direct lot access to N. Eagle Road (SH 55), be vacated because of their request
for direct access to State Highway 55. There are no required UDC findings for a Vacation.
Idaho Code requires the City to vacate a plat note in the same manner it was created, by
approval of the City Council, at a public hearing. Because the Planning Department is
recommending denial of the variance request for access to State Highway 55, staff is also
recommending denial of the vacation request. Staff is also recommending denial of the
vacation application because note 6 was intentionally placed on the face of the plat to prohibit
access requests such as the current one. Direct access to SH 55 should not be allowed, thus
note 6 should remain in place.
b. Staff Recommendation: Based on the facts and findings provided in this report and on ITD's
letter, Staff recommends denial of File Number V AR-07-002. Because Staff is recommending
denial of the variance, Staffis also recommending denial of File Number V AC-07-001.
8. EXHIBITS
A. Drawings
1. Vicinity Map
2. Site Plan
B. Agency/Department Comments
1. Idaho Transportation Department
C. Required Findings from the Unified Development Code (Variance)
Jacksons Food Stores V AC V AR
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF FEBRUARY 27,2007
A. Drawings
1. Vicinity Map
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Exhibit A-I
PAGE 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF FEBRUARY 27, 2007
2. Site Plan
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Exhibit A - 2
FIGURE 1
JACKSON'S CONVENIENCE STORE
SITE DEVELOPMENT PLAN
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF FEBRUARY 27, 2007
B. AgencylDepartment Conditions
1. Idaho Transportation Department
f}l"O 10..;..0 TItANSPORTATtoN DEPARTMENT
. P.O. BOle 8028
. BoIse. 10 83107-2028
(208)3348300
ltd.idaho.gov
February 8, 2007
j " 'I
City of Meridian
PIanoing [)epartin<<tt
660 E. Watatower Lane Suite 202
Meridian. Idaho 83642
FAX 888-6854
Re: Wcation; SEe of Eagle Rd. & Pine Street.
Route: SH 55 MP 12.4
Name: Jacksons Food Store
Cue No. V AR 07...()()2 I V AC 07.00 I
Hearing Date: Feb 27. 2001
Dear ZoniDg Administrator.
Thank you for the opportunity to I;OOlOlcnt on this variance application. ITD ha.'1 n:<<ivcd an
application for aright in access at this location trom Jlldc.sons. At this point the Director has denied the
applicatioD for a variance fiom JTD Rule. The matter is on apPcaJ to the Distri(..1 CQurt. The denial Willi
based in part on oonsistcncy with local Planning and Zoning actions and in part on the safety of the traveling
public
ITD currently bas a project to construct a right turn lane for northbound traffic to turn onto Pine
Avenue. Any access from this turn lant could result in operational problems with the future turn lane. The
tlfficial position of rro as CJl.pressed by the Director is if the approec:h is approved the improvcmentproject
for the Eaalc Road Pine Avenue intcncetion will have to ~ reevaluated to determine whether the dangers
created by the new approadt outwciah IIlc benefits of the turn lane trom Eagle Road to Pine Avenue.
Jf you have any questions pleue call Kevin Sablan at 3J4.8340.
SinccnIy,
~ <il((vh--
Sue SUllivlD
Senior Planner
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF FEBRUARY 27, 2007
C: Required Findings from the Unified Development Code (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 jollowingfindings:
A. The variance shall not grant a right or special privilege that is not otherwise allowed
in the district:
Direct access to State Highway 55 is prohibited per UDC 11-3H-4B. Staff finds that if the
City Council grants the requested variance to allow the construction of a right-turn only
direct access to N. Eagle Road for Jackson's, a special privilege will be granted to the
subject applicant that would not otherwise be allowed for properties adjacent to a state
highway.
B. The variance relieves an undue hardship because of characteristics of the site;
Staff finds there are no physical characteristics of the site which require the applicant to
construct an access point to the site from N. Eagle Road (SH 55), because access to the site
is already provided from E. Pine Street. Although Staff recognizes the applicant's desire to
have an additional access to the site for the sake of better traffic flow for the business, Staff
finds that the current access is not an undue hardship because of characteristics of the site
that requires mitigation by the City. As stated in the letter from ITD, ITD currently has a
proj ect to construct a right turn lane for northbound traffic to turn on to Pine Street. Any
access from this turn lane could result in operational problems with the future turn lane and
could affect the safety of the traveling public.
C. The variance shall not be detrimental to the public health, safety, and welfare.
Staff finds that allowing a right-in access to State Highway 55 would be detrimental to the
public health, safety, and/or welfare per ITD's comments submitted to the City in a letter
dated February 8, 2007, by Sue Sullivan (see letter for more detail). While Staff recognizes
that allowing a right-in access would enhance traffic flow to the site, Staff cannot support
an access point that would affect the safety of the public, as stated in ITD' s letter. Further,
the Idaho Transportation Department (ITD) has denied the applicant's request for a
variance for access to State Highway 55 based on consistency with local Planning &
Zoning actions and on the safety of the traveling public. For the reasons stated above,
Staff is recommending denial of the subject variance request.
Exhibit C