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U-Haul Franklin Road Emergency Access Director Decision CR-2022-0008 Denial Findings CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DI ' N:--- AND DECISION&ORDER In the Matter of the Request for City Council Review of the Planning Director's Decision on the administrative application(A-2022-0232)to restrict the Franklin Road access to emergency access only,by Hillside Architecture,Pllc. Case No(s). CR-2022-0008 For the City Council Hearing Date of: February 14, 2023 (Findings on March 7, 2023) A. Findings of Fact 1. Hearing Facts(see attached Staff Memorandum for the hearing date of February 14,2023, incorporated by reference) 2. Process Facts(see attached Staff Memorandum for the hearing date of February 14,2023, incorporated by reference) 3. Application and Property Facts(see attached Staff Memorandum for the hearing date of February 14,2023, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Memorandum for the hearing date of February 14,2023, 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. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019, Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 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. That the City has ruled in favor of the Director in accordance with the Staff Memorandum,which was reviewed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Fire Department, and any affected party requesting notice. 6. That this decision upheld the Director's decision of the emergency access set forth in UDC 11- 3A-3A.2 that applies to the subject property in the memorandum for the hearing date of February 14,2023,incorporated by reference. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(U-HAUL FRANKLIN-CR-2022-0008) - 1 - C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The Director's Decision regarding the emergency access set forth in UDC 11-3A-3A.2 is hereby upheld per the Staff Memorandum for the hearing date of February 14,2023,based on the following reasons: • The Council Review of the request was to determine if granting full access off of Franklin Road for the subject property would be nondetrimental to ensure that motorists can safely enter/exit on the arterial street; and • The City Council agrees with the Director's decision on the administrative application(A- 2022-0232)to restrict the Franklin Road access to emergency access only as referenced in the Staff Memorandum. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Memorandum for the hearing date of February 14, 2023 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(U-HAUL FRANKLIN-CR-2022-0008) -2- By action of the City Council at its regular meeting held on the 28th day of February 2023. COUNCIL PRESIDENT BRAD HOAGLUN VOTED COUNCIL VICE PRESIDENT JOE BORTON VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER JOHN OVERTON VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 2-28-2023 Attest: Chris Johnson 2-28-2023 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 2-28-2023 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(U-HAUL FRANKLIN-CR-2022-0008) -3- Mayor Robert E. Simison v IDIAN.� City Council Members: =�� Treg Bernt Brad Hoaglun Joe Borton Jessica Perreault i u A H O Luke Cavener Liz Strader February 14,2023 MEMORANDUM TO: Mayor&City Council CC: City Clerk, City Attorney FROM: Stacy Hersh,Associate Planner RE: U-Haul Franklin—CR-2022-0008 History: The Planning Director approved a Certificate of Zoning Compliance and Design Review(A- 2022-0232)for the 11,204 square foot U-Haul U-Box Storage Building in the I-L zoning district on December 13,2022. A Certificate of Zoning Compliance and Design Review(A-2022-0116)was approved by the Planning Director to construct a 126,350 square foot U-Haul Store including indoor self- storage for this site on August 30,2022. Per the conditions of approval,the existing curb cut on Franklin Road is to function as a gated emergency access only. An existing shared driveway approximately 200 feet to the west is the main access to the U-Haul site in accord with UDC 11-3A-3,unless otherwise waived by City Council. Unified Development Code: Per UDC 11-3A-3A.2, access to a local street is not available,the property owner shall be required to grant cross-access/ingress-egress easements to adjoining properties unless otherwise waived by City Council.Access is available via a shared driveway along the site's western boundary from W. Franklin Road. Access to NW 101}i Street cannot be obtained because there isn't adequate distance from the intersection to allow local street access due to ACHD policy. Therefore, a viable local street access is not available. Noticing: City Council Posting Date Newspaper Notification 1/29/2023 Radius notification mailed to 1/26/2023 properties within 500 feet Community Development Department . 33 E. Broadway Avenue, Suite 102, Meridian, ID 83642 Phone 208-884-5533 . www.meridiancity.org Site Posting Date 2/3/2023 Next Door posting 1/30/2023 Request: The Applicant has submitted a request for City Council review of the Director's decision to allow full access in lieu of emergency access only,via W. Franklin Avenue, as shown on the site plan below. F am --- - -- -------u �� I�N� ]I&57'PRANhEIN R I�e�y �N Mr1m ly r 2