Staff ReportSTAFF REPORT
Hearing Date:
TO:
FROM:
SUBJECT:
Apri124, 2012
Mayor and City Council
Bill Parsons, Associate City Planner
(208) 884-5533
E IDIAN~--
IDAHO
VAR-12-001 -Meridian and Amity Access Variance
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Hawkins Companies, is requesting approval of a variance to UDC 11-3H-4B.2.a,
which prohibits new accesses to a state highway, to allow three (3) access points to SH 69/Meridian
Road for a proposed mixed use development. The applicant believes these access points are necessary
to facilitate efficient traffic movement to/from the proposed development.
2. SUMMARY RECOMMENDATION
Staff finds that the request for three accesses to a state highway does not meet the findings criteria
required in the UDC in order for the City Council to grant a variance (see Exhibit B for the required
variance findings). Therefore, Staff recommends denial of the subject Variance application for
the reasons stated herein.
3. PROPOSED MOTIONS
Denial
After considering all staff, applicant, and public testimony, I move to deny File Number VAR-12-001
as presented in the staff report for the hearing date of April 24, 2012, 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 Number VAR-12-
001 to the hearing date of (date certain) for the following reason(s): (you should state specific
reason(s) for continuance.)
Approval
After considering all staff, applicant, and public testimony, I move to approve File Number VAR-12-
001 as presented in the staff report for the hearing date of Apri124, 2012, with the following changes:
(insert any changes here). 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:
West side of S. Meridian Road, between Harris Street and Amity Road
Southeast'/4 of Section 25, Township 3 North, Range 1 West
b. Owners:
Hawkins Companies Mike Mussell
855 W. Broad Street, Suite 300 PO Box 3304
Boise, ID 83702 Nampa, ID 83653
Meridian and Amity VAR-12-001 PAGE 1
David Frost Allan Britten
5405 Highway 30 South PO Box 5776
New Plymouth, ID 83615 Boise, ID 83705
c. Applicant:
Hawkins Companies
855 W. Broad Street, Suite 300
Boise, ID 83702
d. Applicant's Statement/Justification: Please see applicant's narrative for this information.
5. PROCESS FACTS
a. The subject application is for variance. A public hearing is required before the City Council on
this matter, consistent with Meridian City Code Title 11, Chapter 5.
b. Newspaper notifications published on: Apri12, and April 17, 2012
c. Radius notices mailed to properties within 300 feet on: March 30, 2012
d. Applicant posted notice on site by: April 12, 2012
6. LAND USE
a. Existing Land Use(s): Majority of the property is currently being used for agricultural purposes.
The Mussell property, which is developed with amulti-tenant commercial building, has recently
received rezone and condominium plat approval through Ada County.
b. Description of Character of Surrounding Area: The surrounding area is primarily agricultural in
nature and County Subdivision (Meridian Heights) to the north. However, urban development is
transitioning along the South Meridian Corridor.
c. Adjacent Land Use and Zoning:
1. North: Meridian Heights Subdivision; zoned R6 (Ada County)
2. East: Valley Storage, zoned RUT (Ada County)
3. South: Rural Residences and Agricultural land, zoned RR (Ada County)
4. West: Rural Residences and Agricultural land, zoned RUT (Ada County)
d. History of Previous Actions:
In 2010, the City Council approved an annexation and zoning (AZ-08-005) application for a
73 acre mixed-use development. The development agreement was required as a provision of
annexation; however, the applicant has not yet signed the agreement. Thus, annexation of the
property has not been finalized and the property remains in Ada County. In 2011, Council
approved a two (2) year extension for signature of the development agreement at the
applicant's request so they could pursue access to the site from Meridian Road with ITD.
• A previous variance application was processed by the City in 2008. After multiple
continuations, the applicant withdrew the application to seek access approval from ITD. ITD's
originally denied the requested accesses, however, due to policy changes; ITD has now issued
three (3) access permits for construction of the proposed driveways.
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:
Meridian and Amity VAR-12-001 PAGE 2
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. A majority of
the site is being used for agricultural purposes. There is an existing commercial building
developed in the County which is slated to become part of the proposed mixed use
development. This site currently takes access from Meridian Road. If the variance is
approved, the existing driveway will need to be closed and the existing building would have to
take access from the new access point at the quarter mile. If the variance i<s denied and the
applicant moves forward with annexation, the existing access point to Meridian Road would
need to be closed once another means of access is established for the property.
b. The nature of the use does not change (for example a residential use to a commercial
use). The applicant is proposing a substantial change of use of this site from
agricultural to intense residential/office%ommercial uses.
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 will increase significantly from agricultural to
commercial property with approximately 500, 000 square feet of residential, office
and retail uses.
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.
Because new and higher intense uses are proposed for the property, the use of the
existing approaches shall cease and the approaches shall be removed.
b. Public street connections to the state highway shall only be allowed at:
i. The section line road; and
A public street connection to SH 69 exists at Amity Road, a section line road.
ii. The half-mile mark between section line roads. These half-mile connecting
streets shall be collector roads.
Harris Street, currently classified as a collector road, exists north of this site on
the west side of SH 69 at the half-mile mark between section line roads. This
roadway is planned as a signalized intersection and will provide northern access
to the proposed mixed use development.
3. The applicant shall construct a street, generally paralleling the state highway, to
provide 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.
• The entire project boundary lies between Amity Road and Harris Street. As part
of the development of this site, a backage road is required along the western
property boundary connecting Amity Road with Harris Street consistent with City
ordinance.
Meridian and Amity VAR-12-001 PAGE 3
8. ANALYSIS- VARIANCE APPLICATION
a. Analysis Leading to Staff Recommendation
The applicant is requesting a variance to allow three accesses (two right-in/right-out and one
right-in/right-out/left-in) to SH 69/Meridian Road fora 73 acre mixed use development. The use
of the site is proposed to change from agricultural to a proposed intense mixed-use development,
accesses are no longer allowed to be taken from the state highway; the owner of the site shall
develop or otherwise acquire access to a street other than the state highway and the existing
approaches shall cease.
In this case, the applicant has options to facilitate access from other roadways. Harris Street and
Amity Road provide opportunities for future access to the subject site with a proposed
collector/backage road that parallels Hwy 69/Meridian Road consistent with the City ordinance
(see Exhibit A.2). This roadway and the future access points along the aforementioned roadways
can provide access to site consistent with the UDC.
Both transportation authorities, (ACRD and ITD) received the application in order to have an
opportunity to provide comment.
ACRD has indicated that their previous comments regarding the Meridian Road accesses still
apply and they do not support the proposed access points. A copy of the letter is attached as
Exhibit.A.4. In 2008, ACRD reviewed the TIS for the project and concluded that the
development could function without additional access to Meridian Road. The basis of the UDC
code section and ACRD comments support restricting access to Meridian Road in order to avoid
creating similar access issues that currently impact Eagle Road.
The Idaho Transportation Department (ITD) has taken a different approach on the subject
application. During the review of the previous variance application, ITD denied the applicant's
request for access to Meridian Road, thus leading to numerous continuations and withdrawal of
the original variance application. ITD's original denial was based on their previous mission
statement that focused on efficiency and operations of the existing road network. As other
developers have come forward seeking access to state facilities, ITD's administration encouraged
a change in their mission to increase emphasis on economic development. A copy of the letter is
attached as Exhibit.A.S.
With the new application, the applicant has obtained the necessary permits from ITD to construct
the proposed access points. While the ITD permits grant approval for driveways within the right
of way, the City still retains the authority to restrict access into the site.
In order to grant a variance, the Council needs to make the following findings:
I. 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 allow a right or special privilege that is not
otherwise allowed for properties that are adjacent to a state highway. With development of the
site, a backage road is required to be constructed to provide the required connectivity in accord
with the UDC.
Future access can be facilitated from the planned backage road and the existing road network that
borders the property along the south and north boundary (Amity Road and Harris Street), thus
there are no site characteristics that creates an undue hardship.
Meridian and Amity VAR-12-001 PAGE 4
Staff finds that granting the subject variance could be detrimental to the public health, safety, or
welfare since the property is transitioning from a largely undeveloped state with very limited trip
generation to an intensely developed site with higher trip generation thereby increasing the
hazards associated with vehicles entering/exiting the site and merging with traffic travelling at
high rates of speed. As mentioned above, ACRD has commented on the application and ACRD is
of the opinion that the site can function without access to Meridian Road. Staff recommends
denial of the Variance application (see Exhibit B for required variance findings).
8. EXHIBITS
A. Drawings
1. Vicinity/Zoning Map
2. Conceptual Site Plan Depicting Proposed Access Points
3. Applicant's Narrative
4. ACRD Comments
5. ITD Comments
B. Required Findings from the Unified Development Code
Meridian and Amity VAR-12-001 PAGE 5
A. Drawings
1. Vicinity/Zoning
C-CG
W
E STORY
C-
C-N
TN-C
TN
Z
a ~ + a
~~~ ~~
~~
~~
~>
~~
~,,. ~
~ ~~
~~c ~'~
~`.
~,
i
^
^
^
RR
'_
AMITY RD
~,
r..
Exhibit A -1-
2. Conceptual Site Plan (Proposed Access Points to Meridian Road)
Exhibit A -2-
3. Applicant's Narrative
March 14, 2012
City of Meridian
Road Access Variance Request
Meridian/Amity/Harris Road
67+/-Acres
Specific Details of the Change Requested
Hawkins Companies is requesting a variance fiom the City of Meridian Uniform
Development Code Section 11-3H-4.13.2 to allow three (3) access points along South
Meridian Road.
These access points. to Meridian Road are required to complete the successful design of a
67 acre mixed-use development. We have previously submitted a Comprehensive Plan
amendment, and annexation and re-zoning requests. as a part of development plans for
four (4) parcels of land located an the North West corner of Meridian and Amity Roads.
We are proposing three (3) access points on Meridian Road (Highway 69). Two Right-
In/Right•Outs and one (1) Right-In/Right-Out/ and Leff-In. Each will be apacxd roughly
660 fcet apart along the frontage of the development with the Right-In/Right-Out/ and
Left-In located at the quarter mile point. The accesses are required to allow efficient
mobility past the site while also allowing safe access to the site. As indicated in the
Traffic Impact Analysis completed by Kittelson and Associates, titled "South Meridian
Center", dated August 2008, and submitted to the City of Meridian on August 28, 2008,
the report shows that the three (3) requested access point will have mirrimal impact of the
flow of Meridian Road traffic, and will improve the function of the Amity Road and
Meridian Road intersection in addition to providing safe access to the proposed
development.
Additionally, we have added a backage road along the western property litre to increase
the potential for connectivity of the site for future neighbors to the West. However, this
does not reduce the need for the access points on Meridian Road.
The three criteria for granting a variance our outlined below and show that an approval of
the request is consistent with prior approvals, provides no negative impacts on
neighboring property owners in the near vicinity, and helps to protect the health, safety
and welfare for citizens of the City of Meridian.
The Variance shall not grant a right or special privilege that b not otherwise
allowed in the district.
There are roughly eleven (11) full and two (2) Right-In/Right-Out access points existing
along Meridian Road from I-84 south io Amity Road. Our requested access points will
serve to provide ingress/egress for our site just as the existing access points to the north
Exhibit A -3-
do for their respective developments. Our site has seven (1) deeded access points, yet our
variance request is for three (3) as depicted on the site plan.
The Variance relieves an undue hardship because of the eharacteristics of the site.
The site is'r4 mile in length along Meridian Road with a residential street along the North
boundary and an arterial road to the South. To deny access for the i4 mile length along
Meridian Road would have several negative impacts.
Without the access points on Meridian Road, the Amity Road access point #2 (see Traffic
Impact Analysis) will fail. If however, the access points are approved on Meridian Road,
then traffic will have multiple options and the impacts will be able to be spread
throughout the arterial ~rridar. In short, without the ability to have multiple points to
access the site from, traffic will be forced onto Amity and Hams, which would create
significant cmngestion, harming Meridian Road, adjacent residents and the businesses and
residents on the site.
The var[ance shall not be detrlmental to the public health, safety and welfare.
The allowance of the requested access points will not be detrimental to'the public health,
safety or welfare of the general public. As shown on our submitted "Traffic Impact
Analysis" the addition of the access points will improve the operation of the Amity and
Meridian Road intersection. Z he planned "deceleration lanes" along Meridian Road will
allow for the maximum mobility along Meridian and reduce the amount of traffic that
would be pushed onto Hams Street.
Exhibit A -4-
4. ACRD Comments
Date: Aprit 17, 2012
To: City of Meridian
Bil# Parsons -Planning Department.
33 E_ Broadway Avenue
Meridian,lD 83642
Subject: MVAR-12-001
Variance Request
NNVIC of W. Amity and S. Meridian Road
Rebeca w. Arnow, Prat
Sara pr. Eilaer, vice Prat
]oM 5. Frar+tien, Carrr~orrv
Carol A. raacsc, Conrnesioner
David L Cist, Cbmmicsioner
Sent Via e-mai
Thank you far the oppoRunity to review and provide comments on MVAR-12-001, a variance application
for access onto Meridian Road/SH-69_ ACHO previousty reviewed and provided oommer~s on this
request. on November 21, 2008 for M+JAR-08-008_ The District's comments on the proposed varia~cc
appligtion remain the same (see attached). ff additional comments or anaysis arc desired by the City
of Meridian, an updated traffic impact study v~wki be required_
Please let me know if you have any questions.
Sincerely,
Mindy Waltace
Planning Review Supervisor
Development Services
CC: Project file
Exhibit A -5-
t~
Nxs~.wr~"e~'~o
No~+ernber 21,2x08
Ta City of Meridian
&a Parsais - Panning OepartmeM
33 E. 8raadway Avenue
Meridian, ID 836442
Sc~ject MVAR-08-008
Variance Request
NMI/C of 1N. Arnity Rand and S. Meridian Road
Cud A. MdGeq Prniderrt
5'~wty R. F~er,1st V'+oe R~idert
Dave BF~enc, 2nd vice Re~ida~
lain S. Fnndeq, GacmrmeiaEw
Rebecca W. Anxid~ Cam~eiarkr
SeM Ya e-mail
In response to your request for comment, the Ada County Highway District (ACRD) Pianrrng
Review staff has reviewed the submitted appllccation and site pion for the item referdtced above.
The District has the foMawirg comments:
ACRD does not support the appfrcant's variance request for three access points on to SH-69. In
the appNcant's letter of explanation it states that "The accesses are required to allow the efficient
traffic flow and arculation to the site°. Oistrid Planning Review and Traffic Services stafF has
reviewed the submitted traffic impact study and do not agree that the access on to SH-ff9 are
required to sen+e the site. The applicarrt's engineer analy2xd fora different access scenarios as
part at the traffic ~npact study and clearly demonstrated that all a~f the proposed accesses th SH-
69arenot necessary.
The anarysis of Access Scenario # 1 did not include arty access points on to SH-69. Based on the
analysis submitted by the applicant's engineer it appears that the Access Scenario # 1 would work
with some minor adjustments. Based on this analysis, the applicartt's eng~eer has demonstrated
that access t{o SH-69 is not necessary to service the site. In addition to the appNcant's desire for
erect access on to SH-69, they have also indicated that a signal is desired for ane of the
proposed access partts on Amity Road_
The District has indicated to the apptiCant that a signal at the'/a rr~le on Amity may tae considered
if it can be demonstr>ted as necessary to serve the site and general vicinity ~ access is restricted
to Hwy 69 in accordance with the Meridian Unified Development Code and ITD access pdicy. ff
access an to SH-69 is granted, then ACHD wdl not allow a signs on Amity Road at the 1/4 mile
and wiN restrict access on to Array Road and Harris Street th the minimum necessary to serve the
site. The District is willing to consider Borne degradation in the fruition of the ACHD roadways if
that is necessary to preserve the function of SH-~. However, multiple unnecessary access points
on troth roadway systems contributing to the degradation in the efficiency and function of both
roadway systems ~ not acceptable.
Exhibit A -6-
If you have any stior~s, please feel free to oontad me of (208) 387x6178.
~' ,~'~'` ~7 a
Mindy Wall~e
Planning Review Supervisor
Righf-of Way and C)evelopmenf Servicyes
GC. Project file, Hawkins Company
Exhibit A -7-
5. ITD Comments
[WINO TRANiPORTATION t?ItPAtiTMENT ~ ~ '~
1DIYffp F?t7. RCPT 8028
* * sas9, to 83707=2oae NAt~KfNS t~t,d~~t,r~i~:4 (208) 334-!1300
itd,idaha.gov
«~
February 24, 2012
Brien Huifalcer
Diractar of Devebpmest Services
Hawkins Companies' I.I.C
855 Broad St #300
Boise, IU 83702
Re; Hawkins Commercial Devalapmemt -- SH ti9 at Amity Raab, Meridi~s
The Idaho Transpcmatian Department (ITD} has completed the review of the regt~esbed access plea far your
devalopsnent site Werth of Amity Read and west of SH-b9 (Meridians Road). We IraVe rev~ited oar February 22, 2012
1 and agree to a third aocexs on SH•69 between Hams Sts+eet sad Amity Rand.
ITD agrees w the following site access incept (see Figure l );
• An improved. full access and signalised isstersectian of the SH-69 with. Harris Pleoc. Hawkins will. be
responsible for the signet design and installation. Hawkins will also be rreponsiblG far ~ neakd htterssxtlon
hnprovcmcnts.
+ A single right-~inlright-nut ~twsectj~ on SH-d9 approximately 66Q-f~ south of thi Barris Street Sian.
Hawkins wilt aanstsvct ttse access anal a southts~a~usd deceleration lase on SH-69.
+ A single right-inhi,gist-rwtlleR•in intersection oa SH-69 Appraximate}y 1,320-ft uocth of the Amity in~r~ctios.
Hawkins wilt comstnsct the mess ersd a southbound deoeleretian lane an SH-69.
• A single right-in/riglrt-out inoeraectian an STI-69 approximately G60-ft nartlr of the Amity intersection.
Hawkins will carrstruct the aacc~cs and a sauthbaund deoelc~ation lane on SFI~9.
+ Intsrsectian Iznpravassmrsts to the existing SH-b9~ sigrsalize<I irrtecsactian with Amity Road.. Hawkins will be
sroa{xms~le far the needed intersection i~spe+tsvements.
T rte specific design details will be dovcloped as the project pr~oceed~s. Ttre discussion abv~we identit"~ only the detags
~•
It will be necessary to have year project and the x04053 pb~ appravod by the City of Meridian. I?D staff ags+ors to
meat with the City and speak an year behalf.
Ifyau have any qua4ticuss, y~ may contact me directly at 334.8300. Dave Szplett (334.633 fs is our Access
Manegemes~t Getup should be your frost point of oostect tar the actual pamit~g process.
Sinoesvly,
-~
e lanes, PB
District Bn,girse~
Exhibit A -8-
From: Dave Szplett [ttlaflto:Dave.Szplett~itd.idaho.9onr~
Sitantt wed<tesaay, April 18, 2012 3.45 PM
To. PeCer frledmart
C~ Davie ]ones
~ub,~Ct: Hawktns Aa:ess
lTD's ~ition on thr Hawkins access has evohred over time.
pur original application review was based upon a mfssan statement focused on system rffk~nty and operations.
The original review process was vary restr~tive of access and we denied any of the requested new aaasses to SH-69
(Meridian Road}.
As the Hawkins and other applications proceeded through our process, our administration ent~traged a change in our
mission statement to increase emphasis on economic development.
In the Hawkins case, ITD's position is that the three new driveways supported economic devtk~pment and that their site
development plans mitlga#ed the impacts on system efficiency.
'The ITp access approval was based upon our current mission statement.
pur access approval does net preclude the Gity from a more restrictive access plan on the Hawkins development.
i copied Dave !ones an this email,
Davy may have mare to sdd.
1 wiH attend your City Council meeting an the 24"' and present a similar report.
CaN if we need to chat.
~aalsn,~pfstt
Access Managesttrnt and. Development Services -11'U District III
Email: ~ave.smlett~i?itd.idaho.gm+
208.334.$377 office a' 208.949.5683 oeU
"~*CON~'IbENTlA[JTY NOTICE; This a-mail message may cturtairs legally privileged and confidential information exempt or
picahibtod from disclosure under applicable lav4: If you arc not the intended recipient ofthis a-mail, please ratify this sender
fminediately Arid do net deliver, distribute ar copy this a-mail, or disclnse its cortenta or tatoe any action in reliance an the ini'armatia-
it contains.
1
Exhibit A -9-
B: 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:
Due to the intense commercial, residential and office uses proposed for this site, direct
access to State Highway 69 is prohibited, per UDC 11-3H-4. Staff finds that if the City
Council grants the requested variance to allow three accesses to Meridian Road, a special
privilege will be granted to the applicant that would not otherwise be allowed for
properties adjacent to a state highway and may set a precedent for future developments to
seek variance approval to access SH 69.
B. The variance relieves an undue hardship because of characteristics of the site;
The applicant has options to access the site to/from other roadways. Harris Street and
Amity Road provide opportunities for future access to the subject site with a proposed
collector/backage road that parallels Hwy 69/Meridian Road and completes the connection
between Amity Road and Harris Street. Staff and ACHD believe this roadway and future
access points along the aforementioned roadways are sufficient enough to accommodate
the amount of future traffic generated by the proposed development. Therefore, Staff finds
that there are no undue hardships that would prevent the applicant from developing the site
in accord with UDC-11-3H-4.
C. The variance shall not be detrimental to the public health, safety, and welfare.
Staff finds that allowing three accesses to State Highway 69 could be detrimental to the
public health, safety, and/or welfare by increasing the potential for accidents with vehicles
entering/exiting the site and merging with traffic travelling at high rates of speed on the
highway.
Exhibit B -1-