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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-