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Meridian and Amity VAR-12-001CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER (j~~E IDIZ IAN~- ~J In the Matter of Variance for Three (3) Accesses to SH 69/Meridian Road) for Meridian and Amity, Located on the West side of Meridian Road Between Amity Road and Harris Street, by Hawkins Companies. Case No(s). VAR-12-001 For the City Council Hearing Dates of: Apri124, and May 8, 2012 (Findings on May 22, 2012) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of May 8, 2012, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of May 8, 2012, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 8, 2012, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of May 8, 2012, 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 at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. 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. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR-12-001 -1- 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of May 8, 2012, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for variance is hereby approved as evident in the attached Staff Report for the hearing date of May 8, 2012, attached as Exhibit A. D. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. E. Attached: Staff Report for the hearing date of May 8, 2012. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR-12-001 -2- B action of the Ci Council at its re lar meetin held on the ~L/ da of Y h' ~ g Y 2012. COUNCIL PRESIDENT BRAD HOAGLUN VOTED ' S COUNCIL VICE PRESIDENT CHARLIE ROUNTREE VOTED COUNCII, MEMBER DAVID ZAREMBA VOTED~~~ COUNCIL MEMBER KEITH BIRD VOTED~~ MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Attest: e Hgrtr/an, City Clerk Copy served upon Applicant,~The P B Ci C erk Mayor Tam y e Weerd 0~~,'~ED A U~,~~?' ~'~ ,~s ~ °w City of I~IAN~ ,~ jaaNo ~~~~ ~~~~ annl ~ f ~~ nt, Public Works Department and City Attorney. Dated: 5~23~ 12 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR-12-001 -3- EXHIBIT A STAFF REPORT Hearing Date: TO: FROM: SUBJECT: May 8, 2012 (Continued from Apri124, 2012) Mayor and City Council Bill Parsons, Associate City Planner (208) 884-5533 ~E IDIZ IAN~- ~J 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. The Meridian City Council heard this item on Aori124 and Mav 5. 2012. At the public hearing, the Council annroved the subject VAR reauest. ~_ Summary of City Council Public Hearin: L In favor: ii: In opposition: None 111: Commenting: Dave Sp1~, Justin L.ucac, Brian Huffaker, Brandon Whallon, Andv Daleiden and Paul Taylor jY~ ritten testimony: Mindy Wallace. Ada County Hi~hwav Distric y, Staff presenting application: Bill Parsons yj. Other staff commenting on app]ication: Mark Niemeygr, John Overton, Jeff Lavev. Pete Friedman and Warren Stewart jt, ey Issues of Discussion by Council• i= Traffic safety re~ardin~ the three accesses. 11: omparison between Eagle Road and Meridian Road Corridors. iii. Balancing afe and mobility along the Meridian Road corridor. lY. ITD's rationale for granting apnroval of the three accesses. ys Development of the cite with less access from Meridian Road. yy Road improvements required with the construction of the three accesses. ~_ Key Council Changes to Staff/Commission Recommendation y Council overturned staff s recommendation for denial. In the Council's motion, the applicant must amend the development agreement (DAl to add a provision tha snecifies nn construction activities on the site until all reauired road improvement to Meridian Road are constructed in accord with ITD's standards. 3. PROPOSED MOTIONS Denial Meridian and Amity VAR-12-001 PAGE 1 EXHIBIT A 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 Apri124, 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 April 24, 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 855 W. Broad Street, Suite 300 Boise, ID 83702 David Frost 5405 Highway 30 South New Plymouth, ID 83615 c. Applicant: Hawkins Companies 855 W. Broad Street, Suite 300 Boise, ID 83702 Mike Mussell PO Box 3304 Nampa, ID 83653 Allan Britten PO BOX 5776 Boise, ID 83705 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. Meridian and Amity VAR-12-001 PAGE 2 EXHIBIT A 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 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: 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 is 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. Meridian and Amity VAR-12-001 PAGE 3 EXHIBIT A 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. 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 Meridian and Amity VAR-12-001 PAGE 4 EXHIBIT A 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: 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 ofthe 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. 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, ACHD has commented on the application and ACHD 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. ACHD Comments 5. ITD Comments B. Required Findings from the Unified Development Code Meridian and Amity VAR-12-001 PAGE 5 EXHIBIT A A. Drawings 1. Vicinity/Zoning Exhibit A -1- EXHIBIT A 2. Conceptual Site Plan (Proposed Access Points to Meridian Road) ~° - Exhibit A -2- EXHIBIT A 3. Applicant's Narrative March 14, 2012 City of Meridian Road Access Variance Request Ma~idian/Amty/Harris Road 67+/-Acres Specific Details of the Change Requested Hawkins Companies is requesting a variance from the City of Meridian Uniform Development Codc Section 11-3H-4.B.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 acxe mixed-use development. We have previously submitted a Comprehensive Plan amendment, and annexation and rc-zoning requests as a part of dcvciopment plans for four (4) parcels of land located on the North West comer of Meridian and Amity Roads. We arc proposing three (3) access points on Meridian Road (Highway 69). Two Right- In/Right-Outs and one (1) Right-In/Ri~fit-Out/ and Left-In. Each will be spacxd roughly 660 feet apart along the frontage of the development with the Right-In/Right-Out/ and Left-1n 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 minimal 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 line to increase the potential far connectivity of the site for future neighbors to the West. However, this dos not roduce 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 censistent 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 is not othervrIse 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 youth to 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- EXHIBIT A do for their respective developments. Our site has seven (7) 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 characteristics of the site. The site is % 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'h mile length along Meridian Road would have several negative impacts. Without the access points on Meridian Road, the Amity Road access point i12 (see Traffic Impact Analysis) will fail. If however, the access points sre approved on Meridian Road, then traffic will have multiple options and the impacts will be able to be spread throughout the arterial corridor. 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 congestion, harming Meridian Road, adjacent residents and the businesses and residents on the site. The variance shall not be detrimental 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. The planned "deceleration lanes" along Meridian Road will allow for the maximum mobility along Meridian and raluce the amount of traffic diet would be pushed onto Harris Street. Exhibit A -4- EXHIBIT A 4. ACRD Comments Date: April 17, 2012 To: Gity of Meridian Bill Parsons -Planning Department 33 E. Broadway Avenue Meridian, ID 83642 Subject: MVAR-12-001 Variance Request NIW/C of W. Amity and S. Meridian Road Rabaca w. Iunold, Preiida* Sari M. Bike, Vice Prat loin 5. Franda-, Conrr~ssloner Gaol IL Md4e, Ccmm'seiona' David L Qme, Commisdorw- Sent Via e-ma~ Thank you forthe opportunity to review and provide comments on MVAR-12-001, a variance application for access on to Meridian Road/SH-69. ACRD previously reviewed and provided corrnnerrts on ttis request. on Navern6er 21, 2008 for MVAR-08-Q08. The DMStricC's comments on the proposed variarKx application remain the same (see attached). If additional comments or an•~dysis are desired by the City of Meridian, an updated traffic impact study would be required. Please let me know if yaa have any questions. Sincerely, Mindy Wal~ce Plannir~ Review Supervisor Development Services CC: Project fib Exhibit A -5- EXHIBIT A e~~~~~ November 21,2008 Ta: City ~ Meridian Bdl Parsons -Planning Department 33 E. Broadway Aventre Meridian, ID 83642 Subject: MVAR-08-008 Variance Request NNV/C of W. Amity Road and S. Meridian Road oro~ a President Shary R. tiubv,1st Yioe President Dace BiNens, 2nd vice President xi,r- s. ranaen, conntissionsr ~ebecce w. anold, Comr~fona~ Sent Via a-mail In response to your request for commerrt, the Ada County Highway District (ACRD) Planning Review staff has reviewed the submitted app cation and site plan for the item referenced above. The Distract has the foNoNUing comments: ACRD does not support the app cant's variance request for three access points on to SH-69. In the appNearrt's letter of explanation it states that °The accesses are required to allow the effittieM traffic flow and arculation to the site°. District Plann~g Rev~w and Traffic Services staff has reviewed the submitted traffic impact study and do not agree that the access on to SH-69 are required to serve the site. Tire ap~icant's er~ineer analyzed four different access scenarios as part of the traffic M study and Cleary demonstrated that all of the proposed accesses th SH- 69ate not ne~r.essary- The anaysis of Access Scenario # 1 did not include any 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 witty same mirror adjustments_ Based on this anaysis, the applicaM's eng~eer has demor~sttated that access to SH-69 is nM necessary to service the site. In addition to the appNcant's desire for direct access on to SH-69, they have also indicated that a signal is desired for one ~ the proposed access partts on Amity Road. The D~trict has irxiicated to the applicant that a signal at the'!. rrrule on Amity may be considered if ii can be demonstrated as necessary to serve the site and general vianity ~ access is resided to Hwy 69 in accordance with the Meridian Unified Development Code and ITD access pdicy. If access on to SH-69 is panted, then ACRD will not allow a signs on Amity Road at the 1/4 mile and wig restrict access on to Amity Road and Harris Street to the minimtan necess<~y to serve the site. The Distrd is wiNing to consider some degradation in the function of the ACRD roadways "rf that is necessary to preserve the function of SH-69. However, multiple unnecessary access points on both roadway systems contributing to the degradation in the efficiency and func~ia~ of both roadway systems is not acceptable. Exhibit A -6- EXHIBIT A If you have any questions, please feel free to carttact me at (208) 387-69 78. Sincerely, Mindy Wal~ce l'lannir~ Review Supervisor R~ht-of Way and D~eveloprnent Services CC: Project file, Hawkins Company Exhibit A -7- EXHIBIT A 5. ITD Comments IDAHO TRAM:RORTATION RlPARTMENT '-~~'~ '~ ~ '~ 14A1lp R.O. BWt t302t3 .k r-iAlNi{fN5 ~'~~'d~~P±p118. ~~~8? 334.8300 t3ois9, iQ 83707-202$ ~,~~.~ ,c, .~` February 24, 2012 Brian Huifaker Director of Dervebpme~nt Services Hawkins Comparaiess, ILC 8S5 Broad St. #300 Baize, IU 83702 Rc; Hawkuts Commercial Davelop~mesat ~ SH-b9 at Amity ROad, Meridiu- The Idaho TaanspoaKatian Depaatmeaat (1T'D) has carapleted the review of the requested access plaai for your development site narfb of Amity Road and wrst of SH-69 (Meridian Road}. We have t+evi<ited oar Febavary 22, ?012 Iffier and agree to a third aKSCCSS on SI-1.64 between lia~ris Street grad Arrrity Road. ITD agrees to fhe fallowing site access concept (see Figure lr • An improved full access and signalised natersecGara of the SH-69 -with Htrrris i'hwe. Hawkins will be re~oaasible far the signal design and i,>sraalation. Hawkir~ will also be nesponsibie far the Hooded inlaraection irnpravetnentc. • A sitagie right k+lright-nut ~toisactiaa an SH-69 appraxima~ely 660-ft swath of the Harr~ic Strxt inta~oc~ioa. Hawkins will construct tfie access wad at earthbound desceleration lane on SN-69, • A t+hagle right•bJriglrt-awt/laft-in intert~tion on SH~9,cppraximetely 1,320-ft natffi of the Amity irr~aoctibn. Hawkins will coatstnact the socess and a sauthbaaand deoelerdion boas an 5H-69. • A single r7glit-iaahight-out inksrsectlaua an BII.6+9 apprnscely 660-ft Hearth of the Amity intensactian. liewkiaac will ovr~firc# the access and a sauthbauuad deoesloratian times an SII-6~. • Intercectian hits bu the existing SH-69 cigraali~l iMeraeotion with Amity Road.. Hawkins will be responsible for the needed intersection. improvements. The apeCiftc design details will be dervctoped as doe project praceedas. The discussion above identities canly rite design N will bes necessary to have year project and tfie access plan appnuvod by the City of Meridian. ITb staft'sgroca to anent with does City grad speak on your behalf, If you have any queRtiaaag, you may contact me directly ~ 334-1300. Dave a (33~.837~ is im our Acooes Management Groaap chauld be your firs poim of ooatact for the actual permitting process. S)aw~~e"ly, ~~vc JOmes, PE DL~trid Bnginear Exhibit A -8- EXHIBIT A From: DaNe Szpiett [rtteil~o:Dave.Szplett~itd.idaha.yovj dent: Wec~esday,l4prii 119, 2012 3:45 PM To: i Friedman C~ Dave .]ones 9ubieet: HawkMs Ataoess ft'D's position on the Hawkins access has evolved over time. Our original application review was based upon a miss~n statement focused on system effkienty and operations. The original review process was very restrictive of access and we denied any of the requested new aaesses to 5H-69 (Meridian Road. As the Hawkins and other applications proceeded through our process, our administration encouraged a change in our mission statement to increase emphasis an economic development. in the Hawkins case, ITD's position is that the three new driveways supported economic devebpment and that their site development plans mitigated the impacts on system efficiency. Tice ITp access approval was based upon our current mission statement. Our access approval does not prcdude the City from a mare restrictive access plan on the Hawkins development. t copied Dave Jones on this email, Dave may have more to add. 1 will attend your City Council meeting an the 24"' and present a similar report. Cali if we need to ehat. Access Mattagcmrnt and Development Services - I'fD 13isttict III Email: dayIett ,itd.idatw,~v 208.334.83'77 office or 208.941.5683 cell •**C4Nf1DfNTiAI.iTY NOTICE; This a-mail rtieasage may contaiat legally privilegtd and confidential ~fotmation exempt or prphibitad from disclosure under applicable lave.. if you arc not the intended recipient ofthis a-mail, please notify thin settler immediately And do not deliver, distribute or copy this a-mail, or disck+sc its corteMs or take any action in reliaace ao the infotmatiaa it cotrtains. Exhibit A -9- EXHIBIT A 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. Council may consider and apply modifications to these standards upon recommendation from the Idaho Transportation Department. ITD has eranted approval of the three (31 accesses as evident in Exhibit A.8. Based on the documentation from ITD and public testimonypresented at the public hearing? Council finds *~~tho-C~t~C-e~~.,~ granting the requested variance to allow three accesses to Meridian Road does not g ant a special privilege e gated-~ *~e~t that is not otherwise allowed for properties adjacent to a state highway. Additionally. the applicant is reducing the number of deeded access from seven (71 to three (31. ,.,,,a .~. ~o.., e eae~~ ~ .. a,~,,..o ao..o~„„.ro„~~ ,,. ~ee~, . e ,,,, 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. C-e•~~~aTt AefaT~r,:*'~ TAO-~1-~I-4- Based on the public testimony. Council finds approval of the proposed accesses may reduce congestion and helps maintain the LOS of the ad'acen roadways (Amity Road and Harris Streetl. C. The variance shall not be detrimental to the public health, safety, and welfare. Council finds that allowing three accesses to State Highway 69 's no detrimental to the public health, safety, and/or welfare if the applicant complies with all of the ITD's requirements (deceleration lanes. center median. Amity and Harris intersection improvements) for granting approval of the access permits (s ee Exhibit A.8 1. If li afety becomes a c oncern. ITD has reserved the right to re-eval uate the nronos ed accesses. Exhibit B -1-