HomeMy WebLinkAboutMussell Corner Subdivision AZRECEIVED
~ MAY 0 7 2004
~,~~p ~/~ ,~yw ` City Of Meridian
l~l~[e17G~IGp? STAFF SUMMARY City Clerk Office
~~o
OF
" '~ °~ sa PLANNING AND ZONING COMMISSION
RECOMMENDATION TO CITY COUNCIL
Project Name: Mussell Comer Subdivision
Case No(s).: AZ-03-038 PFP-03-007, CUP-03-071
Applicant: Pinnacle Engineers, Iac.
P&Z Commission Hearing Dates: March 4 and April 15, 2004
Recommendation: Denial of AZ-03-038, PFP-03-007 and CUP-03-071
Summary of Public Hearings:
• At the March 4, 2004 hearing, testimony was provided by the following people:
- Staff testified, recommending denial of the proposed applications.
- Mr. David McKinnon, represe~ative for the developer, testified in favor of the
subject applications.
- Mr. Tim Hepper testified about lighting and signage concerns in the proposed C-G
zone. He also had concerns about sewer service.
• At the March 4, 2004 hearing, most of the Commission discussion focused on access to
Kuna-Meridian Road, landscaping on Victory and Kuna Meridian Road, and satiating code
violations with Ada County. The availability of sewer and water service to this site as well as
emergency services were also discussed. The Commission evaluated and commented on the
proposed and existing uses as well the proposed amenities. The Commission continued the
subject applications to give the applicant time to "clean-up" the outstanding violations in the
County and to work out access to the state highway with ITD.
• At the April 15, 2004 hearing, the Commission reviewed the progress the applicarrt had made
since the previous hearing. Staff and the applicant's representative at the hearing provided
testimony and updates. Due to the shortcomings of the proposed landscaping, the size of the
proposed amenities, lack of site improvements, the continued code violations in Ada Cowrty,
and a lack of action from ITD regarding access to the state highway, the Planning & Zoning
Commission recommended denial of the subject applications (see attached recommendations
for a complete list of reasons for the denial recommendation).
NOTE: At the Apri115, 2004 meeting, the Commission approved a motion to deny PFP-03-
007. According to Meridian City Code 12-3-3.J 4, the Commission should have
recommended denial of the preliminary/final plat to the Council, not denied the plat
outright. In accordance with Meridian City Cade, staff has prepared recommendations to
the City Counc7 from the Planning & Zoning Commission for AZ-03-038, CUP-03-071,
and PFP-03-007.
BEFORE THE PLANNING AND ZONING COMMISSION
IN THE MATTER OF THE )
REQUEST FOR ANNEXATION & )
ZONING OF 21:38 ACRES TO C-G )
FOR MUSSELL CORNER )
SUBDIVISION )
Case No. AZ-03-038
RECOMMENDATION TO CITY
COUNCIL
PINNACLE ENGINEERS, INC.,
Applicant
The property is approximately 21.38 acres in size and is located on the northeast
comer of Kuna-Meridian Road (SH 69) and Victory Road, in Section 19,
Township 3 North, Range 1 East.
2. Tim & Carol Mussell are the current property owners of record. Tim Mussell has
provided notarized consent for Pinnacle Engineers, Inc., to submit the subject
application.
3. ,The Applicant is Pinnacle Engineers, Inc.
4. The subject property is currently zoned C2 (Ada Courity) and contains an existing
landscape business, single-family residence, coffee kiosk, sprinkler/irrigation
business and other outbuildings.
5. The Applicant requests the property be zoned C-G.
6. The property which is the subject of this application is within the Area of Impact
of the City of Meridian.
7. The entire parcel of the property is included within the Meridian Urban Service
Planning Area as defined in the 2002 Meridian Comprehensive Plan.
8. The Applicant proposes to develop the subject property in the following manner:
Four lot commercial subdivision that includes a combination feed store and
gas/convenience station.
9. The Applicant requests zonirig of the subject real property to C-G (General Retail
and Service Commercial) which is consistent with the Meridian Comprehensive
Plan Future Land Use Map, which designates the subject property as Commercial.
RECOMMENDATION TO CITY COUNCIL FOR DENIAL OF ANNEXATION AND ZONING OF
21.38 ACRES TO GG, BY PINNACLE ENGINEERS, INC. - AZ-03-038 -Page 1
10. There are no significant or scenic features of major importance that affect the
consideration of this application.
11. The Planning & Zoning Commission recognized the concerns of Tim Hepper and
Anna Powell, who verbally testified at the public hearing. The Plarning & Zoning
Commission recognized the concerns of Cloyd & Bonnie Nelson, 3015 S.
Meridian Road, addressed in a letter dated February 23, 2004; and in letters from
Ada County Development Services, 200 W. Front Street, dated February 4, 2004,
and April 7, 2004. The Planning & Zoning Commission also recognized the letter
from Jill Holinka, an attorney for the City of Meridian, dated Apri18, 2004,
stating that she has no financial or other interest in the subject application, but that
she is related to the applicants and therefore will not be involved with this
application.
RECOMMENDATION
The Meridian Planning and Zoning Commission hereby recommends to the City
Council of the City of Meridian that they deny the applicant's request for Annexation and
Zoning for the property described in the application, based on the following:
• the site currently lies outside the five-minute response zone goal of the
Meridian Fire Department;
• there are not any developments in the area that have developed in a fashion
similar to the proposed rezone area (commercial);
• a proposed use that is to remain (single-family home) is not principally
permitted in the proposed zone;
• the proposed access points to Kuna-Meridian Road (SH 69) do not meet the
location requirements of ITD or Action item 2 in Chapter VII, Goal IV,
Objective D, of the Comprehensive Plan;
• the applicant is not proposing to bring the existing uses that are to remain,
signage, landscaping, public infrastructure (sidewalk, bike lanes), screening,
drive-aisles, or parking, into compliance with current City Code;
• the proposed building setbacks, landscape waivers, and lack of a frontage road
or accounting for additional right-of--way on Kuna-Meridian Road does not
meet policies outlined in the Comprehensive Plan and Meridian City Code,
and;
• existing violations of Ada County Code, Title 8 on this property.
RECOMMENDATION TO CITY COUNCIL FOR DENIAL OF ANNEXATION AND ZONING OF
21.38 ACRES TO C-G, BY PINNACLE ENGINEERS, INC. - AZ-03-038 -Page 2