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.
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