VAR Staff Comments
STAFF REPORT
TO:
FROM:
SUBJECT:
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 4/24/2007
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Hearing Date: April 24, 2007
Mayor and City Council
Justin Lucas, Associate City Planner
Gardner Ahlquist Gateway Access Variance
111
· V AR-07-006 - Variance request to allow a right-inlright-out access from/to the
proposed Gardner Ahlquist Gateway Subdivision from/to Eagle Road, by Gardner
Ahlquist Development
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant is requesting a variance from Section 1l-3H-4 of the Unified Development Code (UDC)
that prohibits existing vehicle approaches to state highways to continue if the nature of the use changes
or the intensity of the use increases, that is served by the approach. The Variance application proposes
to maintain an existing right-in right-out access from / to Eagle Road, SH 55. Specifically, the existing
approach is located approximately 1/8 mile south of the Franklin Road / Eagle Road intersection and
currently serves the Montvue Park Subdivision. The applicant is proposing to develop a large office
and retail center at this location and desires to continue the use of the existing access point even
though it is not located at the section line road or half mile mark between section line roads as UDC
11-3H-4 requires.
The Idaho Transportation Department (ITD) has provided comments with regards to the intensification
of this access point. In two letters dated January 22, and March 8, 2007 !TO stated that they are
agreeable to leaving the access in place as long as the curb radius is increased to a minimum of 30 feet
and that all proper permits are obtained (see letters in Exhibit D). The Planning Commission also
voiced support for the access point to remain at their March 15, 2007 meeting.
2. SUMMARY RECOMMENDATION
Staff is recommending denial of the subject Variance application (V AR-07-006). Staff fmds that the
application does not meet all of the fmdings 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 4, for details.)
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
Southeast comer of the intersection of Franklin Road and Eagle Road
Section 16, T3N, Rl E
b. Owner:
Artiach Properties, LP
2770 E Franklin Road
Meridian, ID 83642
Touchmark ofthe Treasure Valley, LLC
PO Box 1355
Meridian, ID 83680
Note: For a complete list of property owners please see the project me
c. Applicant:
Gardner Ahlquist Gateway Access Variance
V AR-07-006
PAGEl
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 4/24/2007
Ahlquist Development, LLC
1263 West Wickshire Court
Eagle, ID 83616
c. Representative: Penelope Riley, Treasure Valley Engineers
d. Present Zoning: RI (Ada County)
e. Present Comprehensive Plan Designation: Commercial
f. Applicant's Statement/Justification:
"In addition to the support of this access from an economic and safety perspective, it should be
noted that this request will not be generating a new access point. In fact, this access point to
Eagle Road has existed for some time and, and will simply be reengineered to increase safety
and conform to ITD standards for access onto a state highway."
5. 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-
SA-I), a public hearing is required before the City Council on this matter.
c. Newspaper notifications published on: March 26th, and April 9th, 2007
d. Radius notices mailed to properties within 300 feet on: March 23"\ 2007
e. Applicant posted notice on site by: April 7th, 2007
6. LAND USE
a. Existing Land Use(s): Single family rural residential
b. Description of Character of Surrounding Area: This site is surrounded by various uses and
zoning designations. Of note, are the St. Luke's Regional Medical Center to the south, and the
RC Willey complex to the north. This area is rapidly transitioning into one of the city's largest
and most visible business and retail areas.
c. Adjacent Land Use and Zoning
l. North: Franklin Road and RC Willey Building, zoned C-G
2. East: Touchmark Living Center, zoned L-O
3. South: St. Luke's Regional Medical Center. Zoned L-O
4. West: Eagle Road, Offices, and homes, zoned L-O and R-2 (Ada County)
d. History of Previous Actions: The subject variance application is directly tied to the Gardner
Ahlquist Preliminary Plat application (PP-07-007) that is being considered concurrently by the
City CounciL
7. COMMENTS MEETING
On January l2, and February 23,2007 Planning Staff held an agency comments meeting. The agencies
and departments present include: Meridian Fire Department, Meridian Police Department, Meridian
Public Works Department, and the Sanitary Services Company. Although this variance request was not
specifically addressed at the comments meeting, all of the agencies present were able to see the
proposed access point to Eagle Road. All agency comments regarding this proj ect can be found in the
Ahlquist AZ/Gardner Ahlquist PP staff report.
Gardner Ahlquist Gateway Access Variance
V AR-07-006
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 4/24/2007
6. COMPREHENSIVE PLAN POLICIES AND GOALS
The subject site is designated 'Commercial' on the Future Land Use Map. In Chapter VII of the
Comprehensive Plan, this designation is defmed as an area that "will 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.
Within this land use category, specific zones may be created to focus commercial activities unique to
their locations. These zones may include neighborhood commercial uses focusing on specialized
service for residential areas adjacent to that zone."
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. Development along Federal and State Highways: UDC ll-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 ll-3H-4B-I 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 l5, 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 ll-3H-4B-3. Standards: "The applicant shall construct a street, generally paralleling the state
Gardner Ahlquist Gateway Access Variance
V AR-07-006
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 4/24/2007
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 follow (Staff's analysis in italics).
. Development Agreement
There is no recorded development agreement on file pertaining to this site which specifically
addresses access to Eagle Road / SH 55 at this time.
. Eagle Road Arterial Study - Final Report (April 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, lTD 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 two access points to the site. The first access point is a proposed left-
in/right-inlright-out only access connected to Franklin Road to the north. The other access
point is the extension of East Louise Drive which is stubbed to this property from the east.
East Louise Drive is connected to Touchmark Way which links to an existing signal at the
intersection of Touchmark Way and Franklin Road. A third point of access also currently
exists in the form of a private driveway that is extended from St. Luke's Lane into this area. It
is important to note that this third access point is privately maintained and based upon an
agreement that was reached between St. Luke's and the Montvue Subdivision property
owners at the time the hospital was developed (see Exhibit C for St. Luke's official comment
letter). Staff believes that the above mentioned access points are sufficient to serve this
property without the need for an access to Eagle Road. Both the Comprehensive Plan and the
UDC contain a clear vision about the need for limiting and eliminating access points to the
state Highways. Staff recognizes the need for commercial projects to have good access to the
transportation network, but is very concerned about the safety and functionality of this area
of 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 needfor 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
. Traffic Accident Data
To conclude staffs analysis, we obtained accident data from the Meridian Police Department for
Gardner Ahlquist Gateway Access Variance
V AR-07-006
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 4/24/2007
the Eagle Road corridor for the years 2005 and 2006, to-date. Of the top lO 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
EAGLE / USTICK 33
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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
EAGLE / USTICK 22
MAIN / FRANKLIN 21
H:.. ..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 driveway or public street access to Eagle Road will cause or be directly
responsible for accidents, we do believe restricting the number of 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 allow the access point to Eagle Road / SH 55 to remain. Staff does not
believe the applicant's arguments meet the "findings test" for granting a variance. Therefore, staff
recommends denial of the subiect application.
Gardner Ahlquist Gateway Access Variance
V AR-07-006
PAGE 5
CITY OF MERIDIAN PLANNING AND ZONING DEP ARTMENT STAFF REPORT FOR HEARING DATE OF 4/24/2007
10. EXHIBITS
A. Vicinity Map
B. Site Plans Depicting Access Points
C. Letter from St. Luke's RMC
D. Letter from the Idaho Department of Transportation
E. Required Variance Findings from UDC
Gardner Ahlquist Gateway Access Variance
V AR-07-006
PAGE 6
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 4/24/2007
Exhibit A: Vicinity Map
Gardner Ahlquist Gateway Access Variance
Exhibit A, Page I
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 4/24/2007
Exhibit B: Site Plans
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Exhibit B, Page I
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 4/24/2007
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Exhibit B, Page 2
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 4/24/2007
Exhibit C: Letter from St. Luke's Regional Medical Center
190 East Bannock Street
Boise, Idaho 83712
,.jL St Luke's~
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Medical Center
(208) 381.2222
www.stlukesonllne.org
Edwin E. Dahlberg
Pr.siclent and CEO
To Whom It May Concern:
St. Luke's representatives have met with the developers of the proposed commercial
development on the property of what is now known as the Montvue Subdivision. Our
meetings with Mr. Ahlquist have been very productive and St. Luke's supports his
development. In fact, we will be revisiting our settlement agreement with the Montvue
Subdivision to reevaluate the terms of the agreement in the near future. St. Luke's only
concern with this proposed development is the potential increase in vehicle trips on to St.
Luke's Road. As submitted, the increase in vehicle trips will not be a problem for St.
Luke's, and thus, will be acceptable under the Montvue Settlement Agreement. However,
if the proposed development is denied the existing entrance at Montvue Drive, the
resulting increase in vehicle trips on to St. Luke's Road will be unacceptable to St.
Luke's. Our primary concern is one of safety. If patients in distress, emergency
responders, ambulance companies, and EMS vehicles cannot easily access our campus,
there is a very real possibility of bad patient outcomes. Forcing vehicles to access the
proposed development through the existing private roadway will likely cause an
overloading ofthe existing roadways, potentially creating an unsafe traffic situation in
and around our campus, particularly on our private roadway system.
In summary, St. Luke's is pleased to work with Mr. Ahlquist and his group on this
proposed development. We are supportive of his development plan as submitted, and
would like to strongly encourage this development to move forward while maintain
primary access from Eagle Road through the existing Montvue Drive.
Sincerely,
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Director, Support Service
St. Luke's Boise and Meridian
CC: Tom Ahlquist, MD
Gardner Ahlquist Gateway Access Variance
Exhibit C, Page I
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 4/24/2007
Exhibit D: Letters from the Idaho Transportation Department
IDAHO TRANSPORTATION DEPARTMENT
P.O. Box 8028
Boise, 10 83707.2028
(208) 334-8300
itd.idaho.gov
March 8, 2007
City of Meridian
Planning Department Attn: Justin Lucas
660 E. Watertower Lane Suite 202
Meridian, Idaho 83642
FAX 888-6854
Re: Location: SEC of Eagle Rd. & Franklin RD.
Route: SH 55 MP 11.72
Name: Alquest Development
Case No. AZ 06-065
Hearing Date: Feb 1,2007
Dear Mr. Lucas,
After a review of the application and the two previous letters (Jan 16, and Jan22) it appears that the Ian 16
letter was prepared prior to receiving a copy ofthe TIS. The letter dated Jan 22 states that leaving the
existing access (Montvue Dr.) would be acceptable but have the developer increase the radius of the
approach flare to 30 feet rather than the existing 20 feet. This work will require a permit from LTD. Other
than the curb radius we have no comment on this application.
Any work done on the State Right of Way will require a pennit. Pennit applications are available from this
office. Please have the applicant contact Matt Ward at 8150 Chinden Blvd. 83714 in Boise or call (208) 334-
8341 to obtain a permit application.
If you have any questions please call Larry Strough at 334-8924.
Sincerely,
c:/Av(}~
Phil Choate
Senior Planner
Cc: Ahlquist Development
Gardner Ahlquist Gateway Access Variance
Exhibit D, Page I
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 4/24/2007
IDAHO TRANSPORTATION DEPARTMENT
P.O. Box 8028
Boise, 10 83707.2028
(208) 334-8300
itd.idaho.gov
January 22,2007
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City of Meridian
Planning Department
660 E. Watertower Lane Suite 202
Meridian, Idaho 83642
FAX 888-6854
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Re: Location: SEC of Eagle Rd. & Franklin RD.
Route: SH 55 MP 11. 72
Name: Alquest Development
Case NO.AZ 06-065
Hearing Date: Feb 1,2007
Dear Zoning Administrator,
LT.D.s conunents dated January 6,2007 prompted a meeting with the developer and their engineers. At the
meeting that was held on January 19th the main discussion was to leave the Montvue Drive access in place to
function as a right in right out access. The TJ.S. showed how the access could help reduce the delay at the
St. Lukes signal. LT.D. is agreeable to leaving the access and have the developer increase the existing 20
curb radius to a minimum of 30 feet. Other than the curb radius we have no conunent on this application..
Any work done on the State Right of Way will require a pennit. Permit applications are available from this
office or the maintenance office in Cascade. Please have the applicant contact Matt Ward at 8150 Chinden
Blvd. 83714 in Boise or call (208) 334-8341 to obtain a pennit application.
If you have any questions please call Larry Strough at 334-8924.
Cc: Ahlquist Development
Gardner Ahlquist Gateway Access Variance
Exhibit D, Page 2
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 4/24/2007
IDAHO TRANSPORTATION DEPARTMENT
P.O. Box 8028
Boise, 10 83707-2028
(208) 334-8300
itd-ldaho.gov
January 16,2007
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City of Meridian
Planning Department
660 E. Watertower Lane Suite 202
Meridian, Idaho 83642
FAX 888-6854
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Re: Location: SEC of Eagle Rd. & Franklin RD.
Route: SH 55 MP 11.72
Name: Alquest Development
Case No. AZ 06-065
Hearing Date: Feb 1,2007
Dear Zoning Administrator,
Thank you for the opportunity to comment on the referenced application. Direct access to Eagle Road (SH
55) will not be allowed. Access to this site should be from E. Louise Drive and E. St Lukes Drive.The
intersection of Eagle Rd. and E. St. Lukes Drive is currently signalized.
Any work done on the State Right of Way will require a permit. Permit applications are available from this
office or the maintenance office in Cascade. Please have the applicant contact Matt Ward at 8150 Chinden
Blvd. 83714 in Boise or call (208) 334-8341 to obtain a permit application.
Sincerely,
~ s-,Ih~
Sue Sullivan
Senior Planner
Gardner Ahlquist Gateway Access Variance
Exhibit D, Page 3
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 4/24/2007
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 thefoUowingfindings:
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.
Two public access points are available to this site from Franklin Road and East Louise Drive.
Therefore, Council does not fmd that the request is consistent with UDC 11.5B-4E-l.
B. The variance relieves an undue hardship because of characteristics of the site;
Council finds that no physical characteristics of the site exist which demand an access point be
constructed on Eagle Road / SH55. As previously stated, the subject site has two public street access
points.
C. The variance shall not be detrimental to the public health, safety, and welfare.
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.
Council fmds that granting a full access point does contribute to unsafe and congested conditions on
Eagle Road / SH55.
Gardner Ahlquist Gateway Access Variance
Exhibit E, Page I