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HomeMy WebLinkAboutStaff ReportCITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF SEPTEMBER 2, 2008 STAFF REPORT Hearing Date: September 2, 2008 TO: Mayor & City Council E IDIAN- FROM: Sonya Wafters, Associate City Planner (208) 884-5533 ' ®~ ~ ~ SUBJECT: Jacksons Food Stores • VAC-08-003 Request to vacate plat note #6 on the Porky Park Subdivision No. 1 final plat, which prohibits direct lot access to the site from SH 55/N. Eagle Road, by Jacksons Food Stores, Inc. • VAR-08-007 Request for a variance to UDC 11-3H-4B.2.a, which prohibits new approaches directly accessing a state highway, to allow aright-in only access to the site from SH 55/N. Eagle Road for Jacksons Food Stores, by Jacksons Food Store, Inc. 1. SiJNIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Jacksons Food Stores, Inc., is requesting approval to vacate note #6 from the face of the Porky Park Subdivision No. 1 final plat. Plat note #6 prohibits direct lot access to N. Eagle Road (SH 55). A variance is also being requested from UDC 11-3H-4B.2.a, which prohibits new approaches directly accessing a state highway at locations other than %2 mile between arterial (section line) roads. The applicant has submitted the subject applications, requesting Council approval of a right-in only access to the site from SH 55/N. Eagle Road for the existing Jacksons Food Store. The site is located at 3291 E. Pine Street, on the southeast corner of N. Eagle Road and E. Pine Street. 2. SUNIMARY RECOMMENDATION Staff finds that the request meets 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 staff is recommending approval of the requested access variance (VAR-08-007), staff is also recommending partial approval of the requested plat note vacation (VAC-08-003)(Staff is recommending that the plat note be modified, not totally vacated). Staff is recommending approval of the requested Variance (VAR-08-007) and partial approval of the requested Vacation (VAC-08-003) for the reasons stated herein. 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Numbers VAR-08- 007 and VAC-08-003, as presented in the staff report for the hearing date of September 2, 2008. Denial After considering all staff, applicant and public testimony, I move to deny File Numbers VAR-08-007 and VAC-08-003, as presented during the hearing on September 2, 2008, 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 VAR- OS-007 and VAC-08-003 to the hearing date of (date certain) for the following reason(s): (you should state specific reason(s) for continuance.) Jacksons Food Stores VAC VAR PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF SEPTEMBER 2, 2008 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 3291 E. Pine Street (Lot 1, Block 1, Porky Pazk Subdivision No. 1) SW '/a of Section 9, Township 3 North, Range 1 East. b. Owner: Jacksons Food Stores, Inc. P.O. Box 610 Meridian, ID 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 SH 55/N. Eagle Road. A Variance is also requested from UDC 11-3H-4B2, which prohibits new approaches directly accessing a state highway, to allow aright-in only access to the site from SH- 55/N. Eagle Road. h. Applicant's Statement/Justification: "Jacksons food Stores has applied for a variance from the City of Meridian to permit Jacksons to construct a 20-foot wide right-in only access with a deceleration lane from Eagle Road just south of Pine Street onto the property owned by Jacksons located at the southeast corner of Pine Street and Eagle Road. Jacksons has also applied to vacate note #6 on the final plat for Porky Pazk Subdivision No. 1." See Applicant's narrative for more information. 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, a public hearing is 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: August 18, and 25, 2008 d. Radius notices mailed to properties within 300 feet on: August 8, 2008 e. Applicant posted notice on site by: August 26, 2008 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 azea consists of commercial and industrial uses along with undeveloped commercial and industrial property. Jacksons Food Stores VAC VAR PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF SEPTEMBER 2, 2008 c. Adjacent Land Use and Zoning: 1. North: Metro Express Carwash, zoned C-G. 2. West: Vacant undeveloped property (future Pinebridge), 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-OS-004) from I-L to C-G and a Conditional Use Permit (CUP-OS-012) was approved for a convenience store and gas station on 5-24-OS - A Preliminary Plat (PP-OS-026) was approved by City Council for Porky Park Subdivision on 8-16-05. - A final plat (FP-OS-066) that contains the subject lot was recorded in 2006 for Porky Park Subdivision No. 1. - A Certificate of Zoning Compliance (CZC-OS-100) was approved on 8-1-OS for Jacksons Food Stores on this site. - A Variance (VAR-07-002) application was previously denied on 3/20/07 for aright-turn only access to N. Eagle Road for Jackson's Food Stores. A request to vacate (VAC-07-001) note #6 on the final plat for Porky Park Subdivision No. 1, which prohibits direct lot access to N. Eagle Road (SH 55), was also denied on 3/20/07. This VAR & VAC was basically the same request as the subject application except the design of the right-in driveway to the site has changed. 7. UNIFIED DEVELOPMENT CODE The following UDC section is pertinent to this application: • UDC 11-3H-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-IS-OS; however, the site was not approved with an access point to SH55. 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). The intensity of the use on the site has increased sign~cantly from undeveloped industrial property to commercial properly with a gas station & convenience store. 2. ff 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 SHSS; sole access to the site was approved,from Jacksons Food Stores VAC VAR PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF SEPTEMBER 2, 2008 Pine Street. Plat note #6 on the final plat for Porky Park Subdivision No. 1 spec~cally 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 SS exist at E. Fairview 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. 1. VARIANCE APPLICATION: The applicant is requesting a variance from 11-3H-4B.2a, which prohibits new approaches to a state highway when a change or increase in the intensity of the use is proposed, to allow for the construction of a right-in only access to the site from SH 55/N. Eagle Road for Jacksons Food Store to be located approximately 315 feet south of the Pine Street/SH 55 intersection. Background: Before this site was redeveloped with a convenience store and gas station, the applicant states that an access point to Eagle Road existed when the Dobaran family owned the property and used it for agricultural purposes. Upon redevelopment of the site to a more intense use, the UDC (and ITD policies) requires existing accesses to state highways to be abandoned and removed. In 2007, the applicant requested approval of a variance for aright- in access to the site from Eagle Road (see site plan in Exhibit A.3). Staff raised the following concerns with the proposed access: 1) Impact of the proposed access on ITD's proposed design for Eagle Road in the future; 2) With Eagle Road being a SO mph road, people would have to slow way down to get into Jacksons, which would create a safety hazard; and 3) Granting access would be detrimental to the public health, safety, and/or welfare. Items of discussion at the City Council hearing pertaining to the request for aright-in access to the site were as follows: 1) Access to SH SS had already been discussed at the hearing for the plat and access had been denied in accordance with ITD policies; 2) Council was concerned that the proposed access would cause trucks and cars to stack into Eagle Road and cause congestion and accidents; 3) Council expressed concern with trucks using the proposed access; 4) Council stated that even though Jacksons may have had an access right via the deed, Jacksons waived that right when it accepted the conditions of the annexation and zoning and plat; and S) Council expressed concern that the point of access should be located further to the south. Based on these issues, Council denied the variance request. The findings state that it was denied because the variance request does not meet the burden as set forth in Idaho Code y~67--6516 and all the findings listed in Section 11-SB-4.E. of the UDC. Prior to the applicant's request for a VAR & VAC in 2007, Jacksons had filed a request for an appeal of ITD's decision of denial of access to SH SS with the District Court. A decision had not yet been made by the court prior to submittal of the VAR & VAC applications to the City. Because the requested access to SH SS violates UDC standards, the VAR was denied. Since the denial by the City and ITD in 2007, the applicant received a Second Judgment and Decree of Condemnation from the District Court granting access to the property from SH SS. Jacksons Food Stores VAC VAR PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF SEPTEMBER 2, 2008 The applicant has re-designed the right-in access to the site as shown in Exhibit A.2 and ITD now supports the access as proposed, contingent upon the City's approval of the proposed access and approval of the final construction plans by ITD. Once those items have been completed, ITD will issue a permit for the approach construction. (See email from ITD in Exhibit B.2). Traffic engineer, Pat Dobie, P.E., Dobie Engineering, Inc., submitted a letter (see Exhibit C) dated March 17, 2008 to ITD stating, "7Tie proposed site access includes a 120-foot taper (10:1) plus a 70 foot turn bay in front of the entrance to a 160 foot slip lane. The design conforms to AASIITO standards for a SO-mph design speed. "Calculations were attached to the letter checking the geometry and safety aspects of the proposed driveway. TTiese calculations support that the design of the access meets the requirements for braking distance, stopping site distance, and access curve radius. (See application for more detail.) With the subject variance request, the applicant has attempted to address Staff's, Council's, and TTD's concerns from 2007. The construction of the right turn lane onto Pine from Eagle as proposed is consistent with ITD's long-term design for Eagle Road. The revised site plan included in Exhibit A.2 shows the right-in access drive from SH 55 in approximately the same location on Eagle Road, however, the location where the driveway enters the Jacksons site is much further to the north creating a longer deceleration lane and stacking area so that traffic flow on Eagle Road should not be as affected as the previous design. The proposed point of access to the Jacksons property now allows vehicles to enter the site at an existing drive aisle as opposed to a parking area. The applicant proposes to mitigate the traffic impact on SH 55 by constructing a right turn lane onto Pine and providing greater deceleration for both that right turn and the right-in only access. The applicant states in their narrative that they are amenable to a condition of approval limiting truck traffic through the proposed access point. Staff believes that the new design of the right-in access and right turn lane onto Pine alleviates the previous concerns of Staff and City Council. 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 of the site; 3. The variance shall not be detrimental to the public health, safety, and welfare. Staff believes that granting a variance would not allow a right or special privilege that is not otherwise allowed for properties that are adjacent to a state highway because the Council has granted several variances to other properties in similar situations along Eagle Road in this area. Staff believes that granting the subject variance would relieve an undue hardship to Jacksons due to characteristics of the site because of its location on a state highway, limited frontage, and not having the ability to gain access to the south. There is not any ability to have access to this site from the south due to that property being developed. There is access to Pine, but by not having an access to the state highway, anyone wishing to get to this location has to go through the Pine/Eagle intersection to do so. This intersection is a heavily trafficked one. Therefore, access to the state highway could relieve some of this congestion, if designed appropriately. Staff fords that granting the subject variance would not be detrimental to the public health, safety, ~ or welfare because of the construction of a right turn lane onto Pine from Eagle in addition to the right-in only access into the site. Staff believes these additions will permit a Jacksons Food Stores VAC VAR PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF SEPTEMBER 2, 2008 higher volume of traffic to pass through the intersection while reducing the turning conflicts into the Jacksons property from northbound traffic which will now exit before the intersection and not stack into Pine Street impeding traffic traveling east on Pine. Further, Staff believes the access design as proposed, in conjunction with the proposed right turn onto Pine from Eagle, the dedicated deceleration lane, and segregated entrance will improve public safety on Eagle Road. Note: The applicant will be required to constructed the right-turn lane onto Pine within 1 year of the issuance date of the permit by ITD. Note: The applicant refers to the right turn lane onto Pine in their narrative as being a "free"right turn lane; it is not. It's simply a right turn lane. Per the analysis and findings above, Staff is recommending approval of the subject Variance application (see Exhibit C for required variance findings). 2. VACATION APPLICATION: The applicant is requesting that note #6 on the face of the Porky Park Subdivision No. 1 fmal plat be vacated because of the concurrent request for right-in only access to the site from SH 55/N. Eagle Road. Plat note #6 states, "Direct lot access to Eagle Road is prohibited. Direct lot access to Pine Street is prohibited unless specifically approved by ACHD." Because this note also includes restrictions on access to Pine Street, Staff is not supportive of striking the note entirely. Staff is supportive of strilang the portion that prohibits access to Eagle Road only if Council approves the variance request and grants a right in only access to this site. ACHD submitted a letter to the City dated August 6, 2008, stating that the district is not supportive of the applicant's request to vacate the plat note specifically with regard to Pine Avenue (see Exhibit B.1). Note: 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. b. Staff Recommendation: Based on the facts and findings provided in this report, Staff recommends approval of the variance request (VAR-08-007). Because Staff is recommending approval of the variance, Staff is also recommending approval of the vacation request (VAC-08-003). 8. EI~~ITS A. Drawings 1. Vicinity Map 2. Proposed Site Plan 3. Previously Denied Site Plan B. Agency/Department Comments 1. Ada County Highway District 2. Idaho Transportation Department C. Letter from Traffic Engineer D. Required Findings from the Unified Development Code (Variance) Jacksons Food Stores VAC VAR PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF SEPTEMBER 2, 2008 A. Drawings 1. Vicinity Map Exhibit A - 1 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF SEPTEMBER 2, 2008 2. Proposed Site Plan ~~' del ,, ~ ~ I 4b ~ Q~ ~ e r~ It~~ f ~~,r.9 ~,, F!l~fF STRE'~T f w, ~, - t ~ ~ Gu ,C -~ ~ _. T8s99~47 ~ ~w m ~ ~ ~ ~ ~ 8 ~ ~~ + tih ~ P ~ 9' '? ~ Proposed a~a ~ Right-In Only ~ Arrr_cc ~ t ~ ~t ~ ~ ~~ ~ ~ ~~ ~ ~ o b ~ ~ ~ ~~ ~ ~~ ~ ' ~~ - ~~ - I d a~ ~ d ~ ~ p( 1 v Q m CJ7 ~ ~ I ~ ~ ~ r S oS ~ s ~~ ~ ~ I ~ I ~ ~ 3. Previously Denied Site Plan Exhibit A - 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF SEPTEMBER 2, 2008 G p 5 k N F P r 9 i } B ;1 I I ~~~ JACKSON'S CONVENIQdCE STORE ATE DEVELOP[N~fT PLAN IrtdFa 59i01r PrpMSiM Sy !~ ~ QiDB3E ENf~N~ER1AiG, BkC. +rr er~we.. o. ~ o ~ Imo Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF SEPTEMBER 2, 2008 B. Agency/Department Comments 1. Ada County Highway District ~,avw~oct~o S'o+L•ti~ca Carol a radCeo, Prc~idene 5htary R. Muher, Ist Vtte Prat Oave 8ivens, 2~ed Vlca Ptes6~i+t ]dm 5. Franden, Gamn~ds'sioner Rya w, Artreld, c~ August 6, 2008 To: Jacksans Food Sbnas, Inc. P.O. Box 690 Meridian, ID 83680-0610 Subject MVAR-08-fl07 Jac~CSOns Score #105 vacation of plat note 3291 E. Pine Ave. ~a~ . `'I A~~ t ~ Z~Q~ €.-its ~t t'vT~.~idiae~ t:~.~~ ~'l~rk C~9~Cr. In response to your request for comment, the Ada County Highway DisMct (ACRD} Planning Review staff has reviewed the appllC~tion far item referenced above. Note B of Porky Park Subdh-ision #1 currently stag "Direct let access to Eagle Road is prohibited. Direct cot access to Pine Street is prohibited unless spedficaily approved by Ada County Highway District°. The District is not supportive of the applicant`s request b vacate the plat note specifically with regard to Pine Avenue. If you have any questions, please feel free to contact me at (208} 387-6177. Sincerely, Chelsea Kucera Right-of-Way and Development Services CC; Project file City of Aeridian Ada Ccamty fiQghwaY Dl~r@et .3775 A Street • Garden C:~, ID •83714 • PH 2©5-~7-B1R0 . flf 3457&51) • www.athd.6da.[d.1rs Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF SEPTEMBER 2, 2008 2. Idaho Transportation Department -----Original Message----- From: Kevin Sablan Sent: Tuesday, May 06, 2008 3:21 PM To: 'dei' Cc: Pam Golden; Steven Parry Subject: RE: Jackson's Access Permit Thanks Pat, I think this pretty much covers the questions I had. As soon as we receive the final construction plans for review and approval and the variance approval from Meridian, we can issue the permit. -----Original Message----- From: dei [mailto:DOBIE DEI@MSN.COM] Sent: Tuesday, May 06, 2008 2:59 PM To: Kevin Sablan Subject: Re: Jackson's Access Permit Kevin, The taper length of the deceleration lane is 120 feet. At 80 feet the turning vehicles will clear the through traffic lane with a speed differential of 10 mph and an available lane width of 8 feet. The remaining 40 feet are available for deceleration below 40 mph. At the beginning of the 150-ft. radius reverse curve the vehicle approach speed is 23.7 mph. This is an acceptable entry speed for this radius curve. The available braking distance is adequate to allow the vehicle to completely stop before entering the fuel station. I referenced the 2001 AASHTO standards to avoid the metric conversion. Confirmation will be provided to document Meridian's approval of the access. Pat ----- Original Message ----- From: "Kevin Sablan" <Kevin.Sablan@itd.idaho.gov> To: <dobie dei@msn.com> Cc: "Matt Ward" <Matt.Ward@itd.idaho.gov> Sent: Monday, March 31, 2008 11:22 AM Subject: Jackson's Access Permit Pat, Your proposed layout for the right-in appears acceptable. Couple questions, for Braking Distance, where is the 40' measurement coming from? For the Access Curve Radius calculations, its not clear which is the 150' radius. What is the ratio for the compound curve radii at the approach opening? The 23.7 MPH speed, is that at the approach entrance or at the entrance into the parking area? Looks like you were referencing the 2001 AASHTO, 2004 is the latest adopted by ITD. Also, has the city of Meridian approved the right-in access? We will need confirmation that this has been approved by Meridian. Kevin Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF SEPTEMBER 2, 2008 -------------------------------------------------- From: "Kevin Sablan" <Kevin.Sablan@itd.idaho.gov> Sent: Tuesday, May 06, 2008 2:45 PM To: <dobie dei@msn.com> Cc: "Matt Ward" <Matt.Ward@itd.idaho.gov>; "Pam Golden" <Pam.Golden@itd.idaho.gov>; "Steven Parry" <Steven.Parry@itd.idaho.gov> Subject: RE: Jackson's Access Permit > Pat, > The preliminary proposed layout you submitted appears acceptable; I'm > still am waiting to hear back on the questions I asked below. As soon > as you address the questions below and we receive and approve the final > construction plans (including traffic control) and receive a copy of the > approved variance from the city of Meridian for the right-in access ITD > will issue the necessary permit for the approach construction. All > highway improvements shall comply with ITD design standards and > standards for highway construction. The permit will require a > performance bond be provided to ITD prior to start of any work in the > state right of way. > If you have any questions, please don't hesitate to contact me. > Kevin Sablan, P. E. > District Traffic Engineer > Idaho Transportation Department > District Three > P.O. Box 8028 > Boise, ID 83714-8028 > P: 208-334-8340 > F: 208-334-8917 > email: kevin.sablan@itd.idaho.gov > -----Original Message----- > From: Kevin Sablan > Sent: Monday, March 31, 2008 11:22 AM > To: 'dobie dei@msn.com' > Cc: Matt Ward > Subject: Jackson's Access Permit > Pat, > Your proposed layout for the right-in appears acceptable. Couple > questions, for Braking Distance, where is the 40' measurement coming > from? For the Access Curve Radius calculations, its not clear which is > the 150' radius. What is the ratio for the compound curve radii at the > approach opening? The 23.7 MPH speed, is that at the approach entrance Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF SEPTEMBER 2, 2008 > or at the entrance into the parking area? Looks like you were > referencing the 2001 AASHTO, 2004 is the latest adopted by ITD. > Also, has the city of Meridian approved the right-in access? We will > need confirmation that this has been approved by Meridian. > Kevin Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF SEP'rII1~IBER 2, 2008 C. Letter from Traffic Engineer March 1T, 20QIfi Kevin Sabian, l? E. !'strict 3 Tn~c Engineer Idaho Transpt~rtatian Qepartmen4 P.O. l~a~ 8Q28 Boise, ID 133707 2428 ftE: Jackson's Access Permit Qear Kevin: DOBIE ENGINEERING, INC, 7'i'I Hearthstalze Drive poise, ID t~~i;32 2fl8a~5-32'9t~ phans 2tt$-~~8-D34$'fia~ dobie del sir msn.eaotn As a foitciw-up to agar rn~ting of March 14, 20Q8, I prafrared tip fattovr~ng submittal for your review. Attached you will find a plan for the prapose~9 ads together wr'th a set of calculat#ons checking the geometry and safety aspects of the prapased driveway. The tum lane was toasted as shown to avoid physical corlfiids that noun exist along SH 55 arld to keep i# within the existing highway right-of wry. ~1r~ Idahv Power transmission tower is located on the plans near the southwest tamer of the Jackson's site, and an overhead sign bridge crosses the highway approximately 125 feet south ofthe power pole. Retocating the drivewayto the south would require th+s acqulstiian of new right-of-way from a third party and would cause a congict with these structures. The sign bridge would have to be moved, and the power pole would remain at the gore point of the slip lane. This design would create an unsafe condition. Moving either structure would also 6e very expensive. The proposed site access includes a 124 ft. taper (10:1) pies a 7Q ft. turn bay In front of the entrance to a 1ti4•ft. slip lane. The design eorrFOrms to AA;SHTC? standards fora 50-mph d+asign sf-eed. Please call rne'if you have any questions or need addit3onat irtfarmatYan. ~,.~ 1't P.E. i Ertglnecrl[~, Inc. c:c: .Iohrl Jaclcsan Geoff Wardle~/ Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF SEPTEMBER 2, 2008 a 3~o~c~ ~ ~~s ~'~a~i (' , ~3-- off-- ~9 ~. Lam. EStC~i~! E~ = ~~ ~~ '~/ Z ~(_ ~.~-7~' ~ 1"c~ = (,x473 ~ fl•Z ~ ~~'~~ '~~a'Prr~ z ~~-srt-~~ ~ 7~~ o~= l`~7 'a- X53 - dJ~SI G1+~ IMP ~- ?~~ !F a Zd' `~~d ~, ~u. ~~ ,~' CuRvt '~ 1 iJi Diu M C.~t.)'~S''VE' +vS `~-eSiGf~1 '~Qt~v~ 3t~` ~~w~ ~.~ •~ r~ t35~ ~.r~a=~ 15+~ l t~VAaLA$~~~ Exhibit C CTI'Y OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF SEPTEMBER 2, 2008 D. 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-SB-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: Staff finds that granting a variance would not allow a right or special privilege that is not otherwise allowed for properties that are adjacent to a state highway because the City Council has granted similar privileges to other properties in this area/district. B. The variance relieves an undue hardship because of characteristics of the site; Staff finds that granting the subject variance would relieve an undue hardship to Jacksons due to characteristics of the site because of its location on a state highway. C. The variance shall not be detrimental to the public health, safety, and welfare. Staff finds that granting the subject variance would not be detrimental to the public health, safety, or welfare because of the construction of a right turn lane onto Pine from Eagle Road, in addition to the right-in only access proposed to the site. Staff finds these additions will permit a higher volume of traffic to pass through the intersection while reducing the funning conflicts into the Jacksons property from northbound traffic which will be able to exit before the intersection and not stack into Pine Street impeding traffic traveling east on Pine. Further, Staff finds the access design as proposed with the right turn, dedicated deceleration lane, and segregated entrance will improve public safety on Eagle Road. For the reasons stated above, Staff is recommending approval of the subject variance request. Exhibit D