The URL can be used to link to this page

Home My WebLink AboutMussell Corner Subdivision AZApril 12, 2004 AZ 03-038 MERIDIAN PLANNING & ZONING MEETING April 15, 2004 APPLICANT Pinnacle Engineers, Inc. ITEM NO. REQUEST Continued Public Hearing from March 4, 2004 -Request for annexation and zoning of 21. 21.38 acres from C-2 to C-G zones for proposeod Mussell Comer Subdivision - northeastcomer of East victory Road and SouthMeridian Kuna Highway AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: Contacted: Emailed: COMMENTS See previous item packet /minutes See attached update /comments ~l~ C! ~~ Phone: Staff Initials: Malerlals preaenh3d of public meeBngs shall become properly of Me CNy o1 Merldtan. MAYOR Tammy de Wea<d crrrwUNCn,MFMaFas KeAh Bird William L.M. Nary Shaun Wacdle Charles M. Rmmuee f, f~~,, ~~ ,,~~'' CITY OF \...~V(PYIG~ZG>rYl ll IDAH© crrYHGI l_ (208) 588-0433 -Faa 8874813 PUBLIC WORKS BUILDING DEPARTMENT (208) 887.2211- Fax898-9331 LEGAL DEPARTMENT (208) 466-9272 _ FAX 466-0403 MEMORANDUM: P & Z Hearing Date: April 15, 2004 To: Planning & Zoning Commission, Mayor and City Council p ~ 7 From: Craig Hood, Associate City Planner ~hr _~ l~ E C E I V E Bruce Freckleton, Senior Engineering Tech APR 1 2 200+ • Subject: Mansell Corner Subdivision Update ~iity Of Meridian (AZ-03-038/PFP-03-007/CUP-03-071) CitS~ Clerk Office UPDATE; At the March 4, 2004, public hearing, the Commission voted to continue the subject application to give the applicarrt time to work out same of the concerns raised in the staff report for denial (attached). Since the March 4a' hearing, staff has been in contact with Ada County Code Enforcement staff and the applicant's representative on a regular basis., Staff is pleased to report that the applicam/owner has addressed some of the Ada County code infractions. However, there continues to be several issued identified in the staffreport that have not been resolved. On Apri17, 2004, staff received a new letter from Ada County stating that there are still four out of the original five issues that the applicant/owner needs to address. The County has given the applicant/owner until April 20, 2004, to bring the property into compliance with Ada County Code. As requested by the Commission, staff believes that the applicantlowner has begun to show good-faith effort by removing the mercury-vapor light in the rock yard, as well as the overhead power to the light (items 4 & 5 in the original letter from Ada County, dated 2-4-04 8t items 2 8c 3 in the new letter). The applicant/owner has also removed the storage unit with the illegal signage (item 2 in the original letter from Ada County). However, when staff did a site inspection on April 9, 2004, the outdoor storage areas near Victory Road were not screened (item 3 in the original letter from Ada County, and item 4 in the new letter). The applicant stated on April 8`h that screening was presently being installed, but as of the print deadline for this memo it was not complete. There are critical issues concerning the subject site and submitted site plan that are still outstanding. Because the outcome of the unresolved issues may have significant impacts to what the applicant is proposing to do on this site, staff believes that these issues should be resolved prior to annexation and approval of a site plan. Staff recommends that the Commission continue these items again so that the applicant can address the major outstanding issues (or deny the applications, as originally recommended). For the reasons listed in the staff report (attached), and reiterated below, staff still does not believe that annexation and zoning of this site is currently in the best irerest of the City. NOTE: Because the applicant has not changed the circumstances surrounding this development enough to make findings for approval, conditions are not included with this memo. However, to give the applicant a better idea of what aspects of City Code need to be further addressed, staff is including some recommended changes to the submitted site plan below. SLT-A~' ANALYSIS & RECOMMENDATION In addition to the Ada County issues, there were several issues pertaining to the annexation, zoning and development of this property that City staff outlined in the staff report. Staff believes that the following are the most important design-related issues that need to be resolved prior to the City approving a developmem site plan for this property: Access to SH 69 (Kona-Meridian Road) -This remains to be probably the biggest issue of concern for staff. The applicant continues to propose two access points onto a Type IV arterial roadway; ITD has stated that access will be limited to SH 69 at the half-mile only. (Staff has been generally supportive of this ITD policy on Type IV arterial roadways.) Staff has seen no correspondence from ITD stating that this site will be allowed any access to SH 69. This site has approximately 1,000 feet of frontage on Victory Road. Access to SH 69, an arterial with a current speed limit of 55 MPI~ is not warranted, nor is it in the best interest of the traveling public. Landscaping -The subject applications do not propose landscaping along Victory Road or SH 69 in compliance with the City's Landscape Ordinance (35-foot wide buffer on SH 69 / 20-foot wide buffer on Victory Road). The applicant is proposing to defer construction of the required landscaping adjacent to the existing nursery, until the property redevelops. Neither staff nor the applicant know when the nursery will redevelop. Because this is not vacant ground and because there are current businesses operating on the site, staff believes that the site should be landscaped in accordance with Meridian City Code. Building Setbacks and Lack of Additional Right-of-Way -The submitted plat/site plan do not show the ultimate right-of--way on Victory Road (35-feet to cernerline) or SH 69 (120-feet to centerline). Iflwhen the ultimate rights-of--way are obtained by the road ernities, and the required landscape buffers adjacent to roadways are installed, the proposed structures on SH 69 and the existing home%ffice near Victory Road will encroach into the required landscape buffers. The proposed structures adjacent to SH 69 should account for the future right-of--way and landscape buffer requirements. Open Space/Amenities: MCC 12-6-2.A.3 requires two or more amenities to be provided as part of each Planned Development (PD). MCC 12-6 does not exempt non-residential PDs from providing amenities. It does state that "other amenities appropriate to the size and uses of the proposed development, as may be proposed by the applicant and approved by the Commission and Council," can be approved. Landscaped open space of at least 10% may courn as an amenity (MCC 12-6-2.A.3.a). In the applicant's letter it is stated that one of the amenities is the open space provided by the commercial nursery. Inherern to the landscape business, there is considerably more than 10% of the site that is "open" space. However, the applicant is not proposing to designate any of the site as platted, permanent open space. Staff has concerns with the redevelopment of this site and the provision of a certain percerrtage of open space. The second proposed amenity is approximately 550 feet of a meandering sidewalk adjacent to SH 69. This site has over 1,200 feet of frornage on SH 69; the proposed sidewalk encompasses less than half of the frontage of the site. Staff does not believe that the proposed sidewalk amenity is appropriate to the size and uses of the proposed development, as it does not even continue the entire length of the site. Staff is not supportive of the proposed amenities. Parking and Drive Aisles -The applicant is proposing to construct (pave, stripe, etc.) parking for the gas/convenience/feed store in accordance with MCC. However, the submitted site does not address parking for the existing uses on this site. The dimensions of the existing dirt driveways, unimproved parking areas, screening/landscaping adjacent to the parking and loading zones do not comply with MCC, and the applicant is not proposing to bring them into compliance with the subject CUP/PD application. Because there are current businesses operating on the "underdeveloped" portion of this site, and patrons of the existing and proposed businesses will be sharing drive aisles and parking, all parking stalls and drive aisles shall be constructed or reconstructed in accordance with Meridian City Code (MCC 11-13 outlines the requirements for all off-street parking facilities). Public Services -The Meridian Fire Department continues to have concerns with serviceability of this site, as it is currently outside of their five-minute response zone. The Fire Department does not know when a new station will be constructed in this area, south of the freeway. The subject site is not readily serviceable by the City of Meridian's sanitary sewer and water systems. Water mains would have to be extended in E. V dory Road from the Observation Point Subdivision. (The original staff report stated that a temporary sanitary sewer lift station would need to be installed near the northwest corner of the development, and a pressure main would need to be extended approximately 1,400-feet north on SH 69 to the existing sewer at the Elk Run Subdivision. Since the preparation of the staff report the applicant has proposed to extend a gravity sewer line in SH 69 from the Elk Run Subdivision.) For the reasons listed in the original staff report (attached) and as reiterated in this memo, staff does not believe that approval of the annexation/zoning (A~03-038), preliminary/i'mal plat (PFP-03-007) and conditional use permit (CUP-03-071) applications on this site are currently in the best interest of the City. Staff recommends that the Commission continue these items again so that the applicant can address the major outstanding issues (or deny the applications, as originally recommended). HUB OF TREASURE VALLEY MAYOR A Good Place to Live LEGAL DEPARTMENT Ta"a'"'~W~'~ CITY OF MERIDIAN (208) 6-4405 CITY COUNCB, MEMBERS PC1BLIC WORKS William L.M. Nary 33 EAST IDAHO BUILDING DEPARTMENT xeilh Bred MERIDIAN, IDAHO 83642 (208) 898-5500 ~ Fax 887-1297 Shaun Wardle (208) 888-0433 • FAX (208) 887-4813 PLANNING AND ZONING City Clerk Office Fax (208) 888-4218 DEPARTMENT Charles M. Romrtrae (208) 8845533 • FAX 888fi854 STAFF REPORT: Transmittal Date: February 26, 2004 P&Z Hearing Date: March 4, 2004 To: Mayor, City Council and Planning & Zoning Commission From: Craig Hood, Associate City Planner ~~ Bruce Freckleton, Senior Engineering Tech Subject: Muasell Corner Subdivision • Annexation/Rezone (AZ) Approval of 21.38 Acres from C2 (Ada Coumy) to C-G (General Retail and Service Commercial), by Pinnacle Engineers, Inc. (File No..4Z-03-03~ PreliminarylFinal Plat (PFP) Approval of Four (4) Buildable Lots on 21.38 Acres in a Proposed C-G Zone, by Pinnacle Engineers, Inc. (File No. PFP-03- 007) • Conditional Use Permit (CUP) Approval for a Planned Development (PD) for a Combination Feed Store and Gas/Convenience Station and to Allow the Existing Commercial and Residemial Uses to Remain on 21.38 Acres in a Proposed C-G Zone, by Pinnacle Engineers, Inc. (Fide No. CUP-03-071) ~~~l~+~`ll~~~~ 1~~ ~.~~~: The Applicant, Pinnacle Engineers, Inc., has applied for Annexation/Zoning (AZ), Preliminary/Final Plat (PFP) and Conditional Use Permit/Planned Development (CUP/PD) approval of four (4) buildable lots on 21.38 scree within the proposed C-G zone. The site is located at the northeast comer of Victory Road and Kuna-Meridian Road (SH 69). The subject development is eligible for a combined preliminary/final plat application because the proposed subdivision does not exceed four lots, there are no new streets being dedicated or widened, and this development is not located within a floodplain, hillside or the like (MCC 12-3- 3). One of the four buildable lots is for a new combination feed store and gas/convenience station, located on the northeast comer of Victory Road and Kuna-Meridian Road. Another one of the proposed lots will be for a future stand alone commercial building. The remaining two proposed lots will be utilized in their current capacity which includes: growing and storing materials for the on-site commercial landscape nursery, asprinkler/irrigation business, and a single-family residence/landscape oiflce. The Applicant is requesting detailed CUP/PD approval of the proposed feed store/gas station on Lot 3, and of the existing structures on Lots 1 & 4. The existing wffee kiosk located near the intersection of Victory Road and Kuna-Meridian Road will be removed if the application is approved. AZ-03-038,PFP-03007. CIIP.03-071 Mmea-Comw.RZ~.PFP.CUP.doo Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: March 4, 2004 Page 2 This property is currently zoned C2 in Ada County and is designated in the City's Comprehensive Plan as "Commercial". A CUP/PD application is required because there are multiple buildings on a single parcel and because the existing residential use is prohibited in the proposed C-G zone. The PD application requests that the existing single-family home be approved in the C-G zone as a use exception as allowed in MCC 12-6-3. The Applicant has not submitted detailed plans for Lot 2 and is requesting only conceptual. approval at this time. All future development within the boundaries of the preliminary plat, including the possible re- devetopment of Lots 1 & 4, will require a detailed conditional use permit. The Applicant is not requesting any deviations from the standard dimensional standards (e.g. - setback, frontage, height, etc.) with the PD. However, the Applicant is requesting that the landscaping and other land use buffers adjacent to the existing nursery, home/office, and sprinkler/irrigation building on Lots 1 & 4, be allowed to remain as-is until these lots redevelop. The Applicant is proposing to utilize the open space provided by the commercial nursery as one amenity and a meandering sidewalk adjacent to Kuna-Meridian Road as the other. See the Conditional Use/PD section of this report for further analysis of this request. The Applicant is proposing two new access points omo Kuna-Meridian Road (SH 69), a principal arterial roadway, and three access points omo Victory Road, a collector roadway. A common ingress/egress easemerrt, shared by all four (4) buildable lots in the subdivision, which provides access to both Kura-Meridian Road and Victory Road is proposed. Kung-Meridian Road is under the jurisdiction of the Idaho Transportation Department (I'1'D), and Victory Road is under the jurisdiction of the Ada County Highway District (ACRD). See the "Findings" in the Annexation & Zoning section of this report, and the correspondences from ACRD and ITD for detailed analysis of the proposed access points. Ada County Development Services has submitted a letter to the City outlining the various code infractions on this site (see letter from Ada County Development Services dated 2-4-04). The letter explains that there are uses on this site that that have not obtained the County's approval and are in violation of the approved site plan (File # 99-27-PDC). In addition to the illegal uses, there are storage areas that have not been properly screened, signage that has not been permitted, lighting that has been installed in violation of Ada County Code, and other landscaping violations. See the "Findings" in the Annexation & Zoning section of this report for detailed analysis. Staff has provided a detailed analysis for the requested annexation and zoning, preliminary/fmal plat, and conditional use permit applications below. SYa,~''is recommending denial of the subject annexation and caning (AZ-03-038), preliminary/f~nal plat (PP--03-007) and conditional use permit (CUP-03-071). Because the staff recommendation is for de-ria,~ no con[8tions of approval are included in this repord LOCATION AZ-03-039~PFP-03007, CUP.03-071 Muese-Cmna.RZPP.CUP.doc Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: March 4, 2004 Page 3 The subject site is located on the northeast comer ofKuna-Meridian Road (SH 69) and Victory Road, within Section 19, Township 3 North, Range 1 East. SURROUNDING PROPERTi~i S North -Single-family homes (Edmonds Subdivision), zoned RUT' (Ada Coumy) / Vacarn, currently used for storage, zoned RUT (Ada County) South -143-acre parcel, currently used for agricultural purposes, zoned RUT (Ada County) East -Single-family home (Observation Poirn Subdivision), zoned R-4 West - Single-family homes, zoned RUT (Ada County) OWNER OF RECORD The property owners of record are Tim & Carol Mussell, who have provided notarized consent for Pinnacle Engineers, Inc., to submit the subject applications. ANNEXATION AND ZONING FINDINGS The legal description submitted with the application meets the requirements of the City of Meridian and State Tax Commission. The subject property is within the Urban Service Planning Area. Because there are existing commercial uses on this site, staff has combined the analysis of use with the annexation and zoning findings. According to Ordinance 11-15-11, General .standards Applicable to Zoning Amendments, both the P&Z Commission and Council are required "to review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment." The following is the list of standards found in 11-15-11 and analysis by staff: A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application fora Comprehensive Plan amendment; The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Commercial". In Chapter VII of the Comprehensive Plan, "Commercial" areas are anticipated to provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as government offices. Staff finds that the requested C-G zoning generally conforms to this stated purpose and intent of the Commercial designation. A7.-03-036, PPP-P3007, CUP-D3.D71 Muae-Cmnm.RZ.PP.CUP.doc Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: March 4, 2004 Page 4 Staff finds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to this application (staff analysis is in italics below policy): • "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2) The Idaho Transportation Department (ITD) has submitted a defter to the City stating that their policy for access to a Type IV Principal Arterial wild be at intersections only, and spaced at one-half mile intervals in urban areas. ITD allows approaches (other than intersections) in special cases and on a temporary basis. Staffjinds that the proposed access points to Kuna Meridian Road (SH 69) do not meet the location requirements of ITD. • "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action item 4) The Applicant is spec caddy asking for a waiver of the requirement to install landscaping adjacent to the existing uses that are to remain on-site. Further, in a letter to the City, ITD has stated that its future right of way width on Kuna Meridian Road will be 120 feet on each side of the centerline (240 feet total) for building setbacks and to include a frontage road; or, 70 feet each side of centerline (140 feet total) if the developer provides an internal frontage mad type system to feeder roads. The Applicant is proposing cross-access between the lots using the driveway/purking dots, but is not proposing a public frontage road If/when the ultimate right-of-way is obtained by ITD, and the required landscape bu,,~er adjacent to Kura Meridian Road is installed, the proposed structures on KunaMeridian Road will encroach into the required landscape bu, ffer. Stc~ finds that the proposed building setbacks, landscape waivers, and lack of a frontage road or accountingfor additional right-of-way on Kuna Meridian Road does not meet the above-listed Comprehensive Plan Action item. (See more discussion in the Conditional Use/PD section below.) "Permit new ,commercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter 1V, Goal I, Objective A, Aclxon item 6) The Meridian Fire Department has submitted comments and conditions for this site (see comments at end of this report). One of the comments received from the Fire Department states that the proposed project is outside the frve-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. T7te budget constraints are typically defined as capital outlay for facilities that are located within 1. S miles from a given location and sufficient operational funds to staff'' AZ03936, PPP-03U07.CUP-0i-0Tl Muaee~Cauia.AZPP.CUP.doo Planning 8c Zoning Commisaion/Mayor & City Council PBcZ Hearing Date: March 4, 2004 Page 5 the facilities Sta~does not anticipate that at the time of jinal approval of the first phase of this development that the response time goals of the Fire Department wild be achieved The subject site is not readily serviceable by City of Meridian's sanitary sewer and water systems. Water mains would have to be extended in E Victory Road from the Observation Point Subdivision. A temporary sanitary sewer 1 ~ station would need to 8e irtstadded near the northwest corner of the development, and a pressure main would need to be extended nyrproximately 1, 400 feet north on N. Kura Meridian Road to the existing sewer at the Elk Run Subdivision. • "Locate new community commercial areas on arterials or collectors near residential areas in such a way as to complement with adjoining residential areas." (Chapter VII, Goal I, Objective B, Action item 5) The subject property has frontage on both an arterial roadway, Kura Meridian Road, and a collector roadway, Victory Road The existing uses adjacent to this site have not yet developed to the expected residential densities anticipated in the Comprehensive Plan. Because the adjoining properties are still somewhat rural in nature, the development of a supply store may complement the existing uses. Depending on haw the rest of the site builds-out, this development may or may not compliment adjoining residential developments • "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal 1, Objective B) The proposed and existing uses do provide a variety of commercial uses in this area, as envisioned with the Comprehensive Plan. • "Require ail commercial businesses to install and maintain landscaping." (Chapter V, Goal ID, Objective D, Action item 5) The Applicant is specifically asking a waiver of the requirement to install landscaping adjacent to the existing commercial uses that are to remain on-site. (See detailed analysis in the Conditional Use/PD section below.) • "On-street bikeways should be incorporated on all future Collector streets." (Chapter VI, Figure VI-5) Ftgure VI-5 on page 57 of the Comprehensive P&m designates a bikeway on both Victory Road and KunaMeriatian Road adjacent to the site. The Applicant has not addressed the issues of bikeways adjacent to the site. Stczfj'is recommending that the Applicant work with ACRD to provide a bike lane on Victory Roam but not Kuna- Meridian Road. Beoause the posted speed limit on Kuna~l~leridian Road is 55 MPH, staff does not believe that a bikeway should be realirired A'~~~.P~-01007,CUP-03-0'11 Mvme-C~m.RZPP.CUP.doc Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: March 4, 2004 Page 6 • "Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" $om the National Center for Bicycling and Walking in all land use decisions." (Chapter Vi, Goal II, pbjective A, Action item 3) This publication encourages jurisa"ictions to establish bikeway and walkway facilities in new constraction and reeansiruction projects, in a mamrer that is safe, accessible and corrvenient. The Applicant is requesting a waiver from the requirement to construct approximately 850 feet of stdewadk on I~ictory Road. This waiver request is not pedestrian friendly nor is it consistent with the literature listed above. B. Ts the area included in the zoning amendment intended to be rezoned in the future; Staff does not anticipate that the Applicant intends to rezone the subject property in the future. C. Ts the area included in the coning amendment intended to he developed in the fashion that would be allowed under the new coning -for example, a residential area turning into commercial area by means of conditional use permits; Nurseries are a permitted use in the proposed C-G zone. Service stations are also a permitted use in the proposed C-G zone. Convenience stores require conditional use permit approval in the C-G zone. Residential uses are prohibited in the C-G zone. Imgation/sprinkler businesses are not a listed use in the Zoning Schedule of Use Control (MCC 11-8-1). The existing irrigation sprinkler business that is to remain does have outdoor storage, office apace, and has functions similar to a wntractors yazd. Because the irrigation sprinkler business is not specifically listed as a permitted use in the C-G zone, it has been determined that conditional use permit approval would be required (MCC 11- 6-4). The purpose of the C-G District is to provide for commercial uses, which are customarily operated entirely or almost entirely within a building (MCC 11-7-2.K). Staff fmds that the proposed gas/convenience/feed store, the existing home, and the existing irrigation/sprinkler business that is to remain, are not principally permitted uses in the C- Gzone. The gas/com+enience/feed store and the existing irrigation/sprinkler business would require separate conditional use approval. The existing home that is to remain is not eligible for permitting and does not conform to the proposed zoning (non-conforming use). D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; Observation Poim Subdivision and Bear Creek Subdivision have recently been annexed and developed with residential land uses in this area. There are not any developments in the area that have developed in a fashion similar to the proposed rezone area, A7.03036, PFP-d1007.CUP.U1071 Mueee-Cmna.RZPP.CUP.doc Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: March 4, 2004 Page 7 Kuna Meridian Road was recently widened in this area by ITD. Victory Road is not scheduled by ACHD for any improvements in the current Five Year Work Program or CIP. The intersection of Victory Road/Kuna-Meridian Road is ranked #2 on the highway district's prioritization list and is anticipated to be a signalized intersection in the near future. The Commission and Council should rely on the preceding facts and any public testimony to determine whether the changes in the area dictate that this area should be annexed into the City and zoned C-G at this time. E. W01 the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use wiR not change the essential character of the same area; Staff fmds that the proposed C-G zone/new uses, and any constructed and operated in accordance with adopted city harmonious and appropriate in appearance The site is intended to be utilized fo Comprehensive Plan description, will have office uses, multi-family residernial, as government offices. with the intended future uses, if designed, ordinances, should be r commerctal uses which, based character of the such uses as retail, wholesale, ser vicinity. on the vice and well as appropriate public uses such as F. Will the proposed saes not be hazardous or disturbing to existing or future neighboring uses; Accessory to the existing landscape business, there are chemicals, pesticides, and fertilizers stored on this site. Further, the proposal to operate a gas station/feed store may be disturbing to the neighborhood as it is an auto-oriented business. Appropriate buffers should be required on the north and east boundaries of this development, as the abutting uses are less-intense than the proposed and existing uses (see MCC 12-13-12-4). The Commission and Council should rely on public testimony to determine whether the proposed uses will be disturbing or hazardous to the neighboring uses. G. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; Staff finds that the recern roadway improvements to Kuna-Meridian Road (SH 69) should be adequate to serve this project for the short term. However, ITD has indicated that SH 69 is not constructed to its ultimate section and will need to be widened again in the future. ITD needs additional right-of--way andlor a frontage road adjacern to/through this property (see letter from ITD). Improvements to Victory Road in this area have not taken place in the recent past, and except for the anticipated signalization at SH 69, none are anticipated within the next 20 years. At full build out, staff believes that this site will add a significam amount of traffic to the roadway system (see ACRD staff report for further details). This site has over 1,000 feet of frontage on Victory Road. Other than 150 feet of AE-03-0]6. PPP-03007, CUP.03-071 MuseeOCOioer.RZPP.COP.doc Planning ~ Zoning Commission/Mayor & City Council P&Z Hearing Date: March 4, 2004 Page 8 sidewalk near the proposed gas station/feed store, the Applicant is not proposing to make any improvements (landscaping, sidewalk, bike lane, road widening, turn-lane, etc.) to Victory Road. The ACRD is recommending, with site-specific and standards conditions, approval of the subject development. The subject site is not readily serviceable by City of Meridian's sanitary sewer and water systems. Water mains would have to be extended in E. Victory Road from the Observation Poirn Subdivision. A temporary sanitary sewer lift station would need to be installed near the northwest corner of the development, and a pressure main would need to be extended approximately 1,400-feet north on N. Kuna-Meridian Road to the existing sewer at the Elk Run Subdivision. On January 23, 2004, a joirn agency/department comments meeting was held with representatives of key service providers to this property. The Meridian Fire Department has concerns with serviceability of this site, as it is curremly outside of their five-minute response zone. Because the Fire Department does not know when a new station will be constructed in this area, south of the freeway, all buildings within this development must be sprinklered (all of the detailed conditions from the Fire Department and other agencies/departments are aY the end of this report). The Applicant has not indicated, on the submitted site plan, where the refuse container(s) will be located. The Applicant should coordinate the location and design of refuse cornainer(s) with Sanitary Services Company (SSC). Trash enclosures must be built in the location and to the size approved by SSC. All dumpster(s) must be screened in accordance with MCC 11-12-1.C. The Commission and Council should reference any written or verbal testimony submitted by the Meridian Police Departmem, and any other agency not listed above, regarding their ability to adequately service this project. Staff finds that the property proposed for annexation cannot currently be served adequately by all essential public facilities and services. H. Will not create excessive additional requirements at public cost for public facilities and services and wi0 not be detrimental to the economic welfare of the community; If this annexation/developmern is approved, the developer will be financing the extension of sewer, water, locaUinternal street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future site will be fire and police services. Staff finds that this development will not cause excessive additional requirements at public cost. I. Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; AZ03-033, PFP-0}007, CUP-03-071 Mlter9 Comec.RZ.PP.CUP.dac Planning & Zoning Commission/Mayor ~ City Council P&Z Hearing Date: March 4, 2U04 Page 9 Staff finds that the gas station/convenience/feed store uses may involve activities, processes, materials, equipment or conditions that could produce excessive traffic, noise, fumes and/or odors, as well as other negative public impacts. A keyquestion that should 6e discussed at the public hearing_is whether the impacts will be "excessive "MCC 11- 12-2 and 11-12-3 are intended to mitigate impacts of special uses such as fire hazards, bulk storage, noises. In the Applicant's letter, they do not address the hours of operation for the proposed gas station/convenience/feed store. Conditions associated with a CUP and/or Development Agreement could estabiish use parameters that would prevent detrimental effects. In order to establish some suidelines to mitigate the detrimental p tial for refn,_gerated truck operation. and anticipated decibel levels~enerated at the is te• J. Will the area have vehicular approaches to the property which shall be so designed as not to create ao interference with traffic on surrounding public streets; Staff finds that any future uses ~ impact the level and flow of traffic on the surrounding roadways. ACHD estimates this site will generate 1,632 additional vehicle trips per day (74 existing). Chapter VII of the Comprehensive Plan states that the City should "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2). ACHD has evaluated access to this site from Victory Road, while ITD has jurisdiction over access to Kung-Meridian Road (SH 69). ACHD has approved two access points to Victory Road. Please review the ACHD report for this project for additional information regarding this portion of this finding. ITD has submitted a letter to the City stating that their policy for access to a Type IV Principal Arterial (SH 69) will be at intersections only, and spaced at one-half mile irnervals in urban areas. ITD allows approaches (other than intersections) in special cases and on a temporary basis (see letter from ITD). TPD's policy on approaches lessens the ability of driveways to create irnerference on the roadways, The driveways proposed to SH 69 for this site do not conform to ITD's policy listed above for approaches on a Type N roadway. Currently SH 69 has a posted speed limit of 55 MPH. Vehicles leaving this site from the proposed access points will be attempting to merge with, or cross, traffic that is going extremely fast. Staff finds that if the approaches to the site are constructed as proposed, they will cause interference with the traffic flow on SH 69. K Will not result in the destruction, lose or damage of a natural or scenic feature of major importance; and Staff is not aware of any natural or scenic feature(s) that would be lost, damaged or destroyed by allowing this site to be annexed, zoned and developed with commercial Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: March 4, 2004 Page 10 uses. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. L, is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592, i1-17-1992)" Staff finds that at this time, the anneastion and zoning of this property would not be in the best interest of the City for the following reasons: • the site lies outside the five-mirn~te response zorAe 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); • the proposal to operate a gas station/com~enience/feed store may be disturbing to the neighborhood; • municipal sarritary sewer and water systems are not readily available to provide service; • the proposed gas station/corrvenience store use may trrvolve activities, processes, matertals, equipment araUor conditions that will produce additional traffic, noise, fumes and/or odors, as well as other negative public impacts; • a proposed use that is to remain (single family home) is not principally permitted in the proposed zone; • the Applicant is not proposing to bring the existing uses that are to remain, signage, landscaping, public infrastructure (sidewadl~ bike lanes), screening, drive-aisles, or parking, into compliance with current City Code; • the proposed access points to Kuna Meridian Road (SH 69) do not meet the location requirements of I7D or Action item 2 in Chapter YII, Goal IV, Objective D, of the Comprehensive Plan; • the proposed building setbacks, landscape waivers, and lack of a frontage road or accounting for additional right-of-way on Kura Meridian Road does not meet policies outlined in the Comprehensive Plan and Meridian City Code; • Mr. Hassell has the following violations of Ada County Code, Title 8 existing on his p~rtl': 1. Mr. Hassell had a site plan approval of File # 99-27-PDC in 1999. There are new uses that are presently on the property, which requires that the approved site plan be amended At the present time without having an approved amended site plan, the area where the landscaping rocks are being displayed is in violation ofAda County Code. 2. Next a storage urdt with a sign painted on each side of it has been placed on the property along with numerous signs advertising product, without fast obtaining the proper permits. It has been brought to the attention of this office thru Mr. Hassell 's attorney that the sign on each side of the storage unit is not a sign, but a 3-axle trailer used for moving rock product. While conducting numerous site visits over the past year it does not appear that the trailer has been moved from its current location. AZ-03038. PFP-03007, CUP-93~0~1 Mmeell Comet.RZPP.CUP.doc Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: March 4, 2004 Page 1l Therefore this use would meet the defrnition of a portable sign and would need a permit. 3. The property also contains storage areas that are not properly screened per Ada County Code. 4. A mercury vapor-light was installed that does not comply with Ada County Code. Mercury vapor lights are prohibited in Ada County. Furthermore Condition # 10 of the Condifions of Approval, Fide #99-27-PDC, states if lighting is proposed the applicant shall provide a detailed lighting plan prior to the intaddation of the lighting. Mr. Musseld believes that the light was installed through an approved permit with Ada County by Fat Cat Fireworks. The permit, which was approved for Fat Cat Fireworks, was a permit for selling fireworks only. There is no record of an approved lighting permit in this o~tce, nor has this office been provided with a detailed lighting plan to allow for placement of lighting in the landscaping rock area. S. It also appears that the or~rhead line, which was installed to provide power for the light, has been installed in violation of Ada County Code, subsection 8-4A-21. This section states that all utilities for an approved use shall be installed underground. ANNEXATION AND ZONING CONDITIONS Because the staff recommendation is for denial, no site specific conditions have been included. PREL111~IINARY/FINAL PLAT FINDINGS Meridian City Code (MCC) 12-3-3 J.2 and 12-3-5 D read as follows: "In determining the acceptance of a proposed subdivision, the Commission/Council shall consider the objectives of this title and at least the following: A. The conformance of the subdivision with the Comprehensive Development Plan; Please see the findings in section "A" of the Annexation and Zoning portion of this report. B. The availability of pablic services to accommodate the proposed development; Please see the findings in sections "G" and "lI" of the Annexation and Zoning portion of this report. C. The continuity of the proposed development with the capital improvement program; Staff finds that the subdivision will not conflict with the capital improvemern program because the developer is required to install sewer, water, local street infrastructure, utilities and irrigation, for the development at their cost. AZ-03036,PPP-93007, CI1P-03-071 Mowed Comm'.AZPP.CUP.dac Planning & Zoniag Commission/Pvlayor & City Council P&Z Hearing Date: March 4, 2004 Page 12 D. The public financial capability of supporting services for the proposed development; Please see the findings in sections "G" and "H" of the Annexation and Zoning portion of this report. The Commission and Council consider the Meridian Police, Parks and Fire Departments' comments with regard to their capability to serve the proposed development. E. The other health, safety or environmental problems that may be brought to the Commission's attention. Please see the findings in sections "P' and "P' of the Annexation and Zoning portion of this report. Staff finds the Commission and Council should rely on any public testimony that may be preserned to determine whether the proposed use may cause health, safety or environmental problems of which staff is unaware. PRELIMINARY PLAT CONDITIONS Because the staff recommendation is for denial, no site specific conditions have been included. CONDITIONAL USE/PD PERMIT FIlVDINGS The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish (11-17-3): A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this ordinance; Staff finds that the subject property is large enough to accommodate the requested use and all other required features. A CiJP/PD application is required because there are multiple buildings on a single parcel and because the existing residential use is prohibited in the proposed C-G zone. The PD application requests that the existing single-family home be approved in the GG zone as a Use Exception (MCC 12-6-3). The Applicarn states that they are not requesting any reduced setbacks, reduced landscape buffers or reduced development standards for the property that is to be developed along SH 69 and Victory Road (see Applicant's letter). However, the Applicant is requesting that the required landscaping, including land use and street buffers, adjacern to the existing nursery, home/otI'ice, and commercial sprinkler/irrigation business lots be allowed to remain as-is until redevelopment of the properties. Landscaping/Required Yards (Setbacks)/Right-of--Way: The submitted preliminary plat/aite plan does not show the ultimate right-of--way on Victory Road (35-feet to centerline) or Kuna-Meridian Road (120-feet to centerline). The submitted site plan does show the required 35-foot wide landscape buffer adjacent to Kuna-Meridian Road, and a nu3a~e,ere~mao~,cve-oww m~rac~r.rtz.er.cueao~ Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: March 4, 2004 Page 13 20-foot wide landscape buffer adjacent to Victory Road (MCC 12-13-10-4). However, except for the landscaping adjacerrt to the proposed gas/feed stove on Lot 3, the Applicant is requesting that the landscaping requirement be waived. If/when the ultimate rights-of- way are obtained by the road entities, and the required landscape buffers adjacent to roadways are installed, the proposed structures on Kuna-Meridian Road and the existing home/office near Victory Road will encroach into the required landscape buffers. Open Space/Amenities: MCC 12-6-2.A.3 requires two or more amenities to be provided as part of each PD. MCC 12-6 does not exempt non-residential PDs from providing amenities. It does state that "other amenities appropriate to the size and uses of the proposed developmenrt, as may be proposed by the applicant and approved by the Commission and Council," can be approved. Landscaped open space of at least 10% may count as an amenity (MCC 12-6-2.A.3.a). In the Applicant's letter it is stated that one of the amenities is the open space provided by the commercial nursery, Inherent to the landscape business, there is considerably more than 10% of the site that is "open" space. However, the Applicant is not proposing to designate any of the site for permanent open space. Staff has concerns with the redevelopment of this site and there not being any provision for keeping a certain percentage of open space. The second amenity is approximately 550 feet of a meandering sidewalk adjacent to Kuna-Meridian Road. This site has over 1,200 feet of frontage; the proposed sidewalk encompasses less than half of the frontage of the site. Staff does not believe that the proposed sidewalk amenity is appropriate to the size and uses of the proposed development, as it does not even continue the entire length of the site. Staff is not supportive of the proposed amenities. Parking: MCC 11-13 outlines the requirements for all off-street parking facilities (drive aisles, stalls, striping, etc.). The Applicam is proposing to construct (pave, stripe, etc.) parking for the gas/convenience/feed store in accordance with MCC. However, the submitted site does not address parking for the existing uses on this site. The dimensions of the existing dirt driveways, unimproved parking areas, screening/landscaping adjacent to the parking and loading zones do not comply with MCC, and the Applicant is not proposing to bring them into compliance with the subject CUP/PD application. Even though the site is forge enough to accommodate all required yards (setbacks), open space, parking, landscaping, right-of--way requirements, and other design features required by Meridian City Code, the Applicant is not proposing to bring the site into compliance with the City's adopted standards. Therefore, staff is not supportive of the requested CUP/PD. B. That the proposed nse and development plan w81 be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; Please see the findings in section "A" of the Annexation and Zoning portion of this report. C. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character AL°3096, PFP-039U7,CUP.P3-0'!1 Muamll COma.AZPP.CUP.dne Planning & Zoning Commisaion/Mayor & City Council P&Z Hearing Date: March 4, 2004 Page 14 of the general vicinity and that such use will not adversely change the essential character of the same area; Please see the findings in section "E" of the Annexation and Zoning portion of this report. D. That the proposed use, if it complies with aR conditions of the approval imposed, will not adversely affect other properly in the vicinity; Staff is Please see the findings in sections "P' and "T' of the Annexation and Zoning portion of this report. E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, sad fu•e protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; Staff is Please see the findings in section "G" of the Annexation and Zoning portion of this report. F. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Please see the findings in sections "G", "H" and "P' of the Annexation and Zoning portion of this report. G. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Please see the findings in sections "P' and "T' of the Annexation and Zoning portion of this report. H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Please see the findings in section "T' of the Annexation and Zoning portion of this report. L That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Staff is not aware of any natural or scenic feature(s) that would be lost, damaged or destroyed by allowing this site to be annexed, zoned and developed with commercial azow3e, vaa~am, curet-on Miuu~Comv.RZPP.CUP.tbc Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: March 4, 2004 Page 15 uses. Staff finds the Commission and Council should rely on ,any public testimony that may be presented to determine whether the proposed use may result in the destruction, loss or damage of a natural, scenic ar historic feature of which staff is unaware. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. CONDITIONAL USE/PD REODUIiEMENTS Because the staff recommendation is for denial, no site specific requirements have been included. OTHER AGENCY/DEPAR~'M~NT COMMENTS/CONDTI'IONS MERIDIAN FIRE DEPARTMENT CONDTI'IONS (AZ-03-038. PFP-03-007. CUP-03-07ll 1. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Departmern. a. Fire Hydrants shall have the 4 'h" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fue hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrarn location. e. Fire Hydrants shall be placed on corners. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 3. All ernrance and internal roads shall have a turning radius of 28' inside and 48' outside. 4. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 5. Operational fire hydrans and temporary or permanent street signs are required before combustible construction begins. 6. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. 7. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 8. Commercial and office occupancies will require afire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. nzoso~s, aFV-o~oo,, our-ow~i n~,~~a co~.x2re.c`m.ao~ Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: March 4, 2004 Page 16 9. The proposed project lies outside the five-minute response zone goal. Achievement of this goat is subject to budgetary constraints and is imended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staffthe facilities. 10. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 11. Any chemical storage on the site will require compliance with IFC and MCC 11-12-3.A. This includes agricultural fertilizers and chemicals. 12. Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate firefighting and fire-prevention equipment and by such safety devises as are normally used in the handling of any such material. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved as specified in the UFC, Uniform Life Safety Code, MCC I1-12-3.C, and the National Safety Foundation publications. 13. All buildings must be sprinklered. SANITARY SERVICE CO CONDTfIQNS (PFP-03-007. CE]P-03-0711 Design the enclosure(s) per the standard recommendations of SSC for access, gates, floor/pad, container stops/bumpers, and dimensions. Coordinate the design with SSC. Approval of the trash enclosure design will be required prior to issuance of a Certificate of Zoning Compliance for the project. RF.['[]iyiMENDATION Due to the fmdings listed in this report, staff recommends denial of the anuexation/zoniog (AZ-03-038), preliminary/final plat (PFP-03-007) and conditional use permit (CUP-03-071) requests. Muaee-COOZr.RZ.PP.CUP.doc AZ-03-038, ppP-03007, CUP-0]-071 ,_ _. ~ T / \ ~1 RECE~I~ APR 15 2004 CITY OF Z~1~'~;i,,_,~ April 7, 2004 Tim Mussel/ Victory Greens 110 E Victory Rd. Meridian ID 83642-6984 Re: Meeting regarding compliance issues at Victory Greens Dear Mr. Mussel/: Thank you for meeting with Carla Olson, Richard Cook and myself yesterday regarding the compliance issues at Victory Greens. This letter is to follow-up on what we agreed to in the meeting so that you can bring your property into compliance with Ada County Code. Listed below are the items, which need to be addressed. 1. You will need to submit a new application for a One Time Division (OTD) with a Record of Survey so that we can clear up the parcel that has been split from the SW corner of your property. 2. The mercury -vapor light in the rock yard area needs to be removed. 3. The overhead power to the mercury vapor light needs to be removed. 4. The storage area next to the pipe supply company needs to be screened by a site-obscuring fence. 'The date in which we agreed to have the four items completed by is 04/20/04. I will be conducting a site inspection on 04/19/04 to confirm that the tasks have been completed. If you should complete them before 04/19/04 please contact me and I will conduct an inspection sooner. Ada County requests that copies of the annexation, subdivision, development agreement and conditional use applications which you submit to the City of Meridian be submitted to us so we may review them and comment regarding the issues, which were addressed in the correspondence sent to you on 03131104. If you should have any questions you may contact Michael Williams at 287-7917. Sincerely; ,J y r _ _ ~. Gerry Armstrong, Director Ada County Development Services By: Michael Williams, Code Enforcement Specialist Ada County Development Services cc: Carla Olson, Development Services Richard Cook, Planner II Craig Hood, Associate City Planner, City of Meridian Ax Yewer, Deputy Prosecutor, Ada County Prosecuting Attorney's Office Dave McKinnon, Land Use Planner, Pinnacle Engineers, Inc. File Mar O1 04 05:06p Pinnacle Engineers, Inc. 208-887-7781 p.l Enc„~in~ers, lnc, RECEIV~~~., 12552 ~`' ~ 81~ ~ . Itlpho 63713 MAR 0 1 2004 Ci6y Of Meridi an FAX TRANSMITTAL °it" clel•k Offi°e DATE: 1-Mar-04 JOB NO.: C036402 FROM: Dave McKinnon TO: Craig Hood, Will Berg, Brian Davis, and Stan Cole FIRM: ADDRESS: FAX NUMBER SENT TO: 888-6854 / 888-4218 / 888-1963 / 331-3244 NUMBER OF PAGES {INCLUDING COVER SHEET): 11 RE: Mussell Corner Subdivision -comments on staff 12552 W. EXECUTIVE DR. SUITE B, BOISE, IDAHO 83713 CI VII,/STRUCTLRAL/PLANNING/SURVEYING PH (208) 887-7760 (208) 887-778] FAX MAR 01 '04 17:15 208 887 7781 PRGE.01 Mar O1 04 05:06p Pinnacle Engineers, Inc. 2D6-887-7781 ~~ Engineers, Inc. TO: Meridian Planning and Zoning Commissioners 660 E. Watertower, Ste 200 Meridian, ID 83642-2600 DATE: March 1, 2004 RE: Staff Report Comments for Mussell Comer Subdivision Deaz Commissioners: I will try to keep my comments brief, but Staff has recommending denial, so it may take a couple of pages Without further delay, the following is a response to th findings (a "no comment" response signifies agreement): Applications Summary put together a long detailed report to get through all of my comments. e Staff Report and the recommended The summary is an accwate reflection of the requested annexation, preliminary plat and conditional use permit, however several modifications to the plat have taken place over the past few weeks as a result of meeting with ACHD, ffD and other agencies. The largest changes include the elimination of one of the 3 requested cwb cuts on Victory (the middle access), and agreement to install curb, gutter, sidewalk and full roadway improvements for the full frontage on Victory, We have discussed the Ada County letter with Tim Mussell, the owner of the property and he has stated that he will take action to correct the issues included in the letter. Please keep in mind that the letter also indicates that the County does not object to the requested annexation. The first recommendation for denial is found in this section of the report, and predictably, I respectfillly disagree with the. staff and urge you to approve this project. ANNEXATION AND ZONING FINDINGS A. The map indicates a commercial use and that the requested "C-G" zone is appropriate for the subject property, and the first paragraph under this heading indicates this, however bullet points included in the staff report analysis appear to contradict the commercial designation. Bullet No. ]- (Curb Cut Restrictions)- We have been working with ITD about the curb cut restriction and have recently sent them a copy of a title report and a deed that indicates that in 1987 ITD granted 3 access points to this properly (attached). They are in i2S52 W. F.XECU'I1VE L)R[VE, SUITE B • BOISE, fllAHO 83713 • (208)887-7760 • PAX (208) 887-7?81 MRR ®1 '04 17 16 208 887 7781 PRGE.02 p.2 O1 05:06p Pinnacle Engineers, the process of reviewing the deed at this moment and we will continue to work with them on this issue. ACRD has recommended to ITD that they grant curb cuts to this site with acceleration lanes and deceleration lanes. Furthermore, the City of Meridian recently approved two curb cuts approximately'/~ a mile north of this site on SH69. The applicant for that project is preseiltly working with ITD to use those curb cuts aad we would request that we receive the same approval from the City while we continue to work with I1'D on the accesses. Bullet No. 2-(Appropriate landscaping and buffers)- The only portion of the property that is proposed for redevelopment at this time is the gas statiot>/feed store and we have proposed landscaping in compliance with the requirements of the City. The remaining majority of the site is a landscape nursery, and placing landscaping in front of a nursery at this time seems a bit premature, as the site will redevelop in the future. Furthermore, if landscaping is needed elsewhere on site it can and should be addressed in the conditions of approval or in a development agreement. We have already agreed to come back for a detailed CUP for all future redevelopment of this site, and landscaping can be addressed for the remainder of the site at that time. A second paragraph deals with the 1TD frontage road and right-ol=way requirements. In our discussions with ITD they have stated that as long as a cross access easement exists across the site a "Public" frontage road would not be required, and that the proposed layout would be sufficient to accommodate the proposed landscaping and the future right- of-way. Bullet Nu. 3-(Urban Services)- The Fire Department has indicated that this project is outside of the 5 min response area goal, and while we agree that it is a reasonable goal, the City has often approved projects well outside of this area including projects further out than the proposed project (i.e. Bearcreek, Wal-Mart, Silverstone, E] Dorado, Mountain View High School etc...). The new building will be sprinkled and will help to limit the potential fire danger of the project. The second paragraph. concemhtg the sewer and water avaiLibility of this site is an interesting comment, because the Developer has indicated a willingness to install the sewer line in accordance with Ciry desires and we have continued to discuss the location of the sewer lines with the Public Works Department until the present. Alternately, as requested in the staff report, a pressure main can be provided for sewer, and water will be pulled to the site from off site just like many other projects, and in compliance with the City's future water plan. Bullet No. 4-(Location of Community Commercial Areas)- This property is not designated as "Community Conunercial" (i.e. "Community Mixed-Use" on the Comprehensive Pian Map) it is designated'as "Commercial". Regardless the only portion of this site to be developed/re-developed under the umbrella of the requested Conditional Use Permit is the southwest corner of the site. Tlrat does not abut any residential uses (other than a ruraUagricultural use across the highway). All. future developmen of the site MRR 01 '04 17 17 208 887 7781 PRGE.03 p.3 Mar O1 04 05:06p Pinnacle Engineers, Inc. 208-887-7781 will have to go though the same process and be evaluated under their own merits in determining if it compliments future residential development, Bullet No. 5-(Commercial and Retail Opportunities)- No. Comment. Bullet No. 6-{Bikeways)- The issue has been addressed with ACHD and is included in the improvements that will be installed along Victory. ' B. No Comment. C. The existing home is a caretaker's residence as well as the office for the nursery, Furthermore, it is not a prohibited use; rather, it would be an excepted use as part of the requested Platmed Development. D. 11iis is the only commercially designated property near the intersection, so nothing else can or would be permitted to develop commercially. The recently widened Highway and the fact that a signal light is scheduled for conshvct{on within the next two years will help in providing a safer intersection for commercial traffic. E. No comment, other than the fact that there are no recoinmended "Conditions of Approval" that would ensure that the use is designed; and operated in compliance with City. Ordinances. The recommendation for denial without conditions does not indicate what changes the City Staff would like to see for this project. F. A couple of brief comments; the fact that there are fertilizers and other agricultural chemicals on site at a nursery does not make it hazazdous, and by not amtexing the property it does not make them go away. Furthermore, the agricultural-chemicals are used all over Meridian atld are regulated by their own regulations. 1'he further idea that the gas station will disturb the neighborhood is odd because it is pointed out earlier in the report that the land around this project has not yet developed with urban densities. And finally, suggesting the need for buffers on the north and east sides of the nursery, before it redevelops is unnecessary. Cr. "Staff adequately points out that no changes are expected for"the next 20 years for widening SH 69 and they have agreed that the proposed layout (excluding the access issues) would be acceptable if cross access is provided. Victory will be improved along the entire frontage. The issue of water and sewer has already been discussed. The need for a new fire station is always ongoing, and regardless of approval of this project the Fire Department will still be responsible for &re service to this property: We can include dumpsters on the site plan. as requested. No comments have been received from the Police Department. H. No comment. p.4 MRR 01 '04 17 17 208 887 7761 PRGE.04 Mar O1 04 05: 07p Pinnacle Engineers, Inc. z08-887-7781 I. We do not believe that a gas station located on a highway, surrotuided by a commercial nursery will create excessive traffic, noise, smoke fumes or pollution that would be considered excessive. Anticipated hours of operation for the gas station are 24 hours, t11e feed store lam-7pm. No guidelines have been recommended by the staff for hours of operation, decibel levels, or delivery times, however please bare in mind that this is a gas station next to a higllway with no adjacent residential, and none anticipated adjacent to the gas station. J. Typically, a gas station does not generate vehicular traffic, instead it pulls existing traffic onto its property. I understand the trat$c count issues, and that this project will impact traffic, but the Meridian Comprehensive Plan anticipated that when this land was designated as "Commercial". Reiterating the above comrxtents ACRD has recommended to ITD to grant access nn SH 69 (with acceleration and deceleration lanes), It'll is Reviewing the deed indicating three access points on SH69, SH69 was recently widened and the third access on victory will be closed incompliance with ACRD requests. K. No Comment. L. Lots of bullets to respond to regazdittg staff s recommended finding that the annexation is not in the best interest of the City- Bullet No. 1-(Sminute response zone)- Already commented on. Bullet No, 2-(No other like developments in area)- Comp plan would prohibit them anyways, and the land is "commercial". Bullet No, 3-(Disturbing to existing neighborhood)- Staff comments say it may or may not be dishubing earlier, and that there are not neighbors to bother because the area around it have not yet developed. Very few people live near this comer. Bullet No. 4-(Utilities) Developer borne cost for installation of utilities and they will be in compliance with the City's utility master plans: Bullet No. 5-(Gas station negative impacts)- Gas stations on highways make sense, it is not next to any neighboring residential. The vehicles are there and so are people using the roadway, if they don't make sense on arterials surrounded by commercial, away from residenfial, where to they belong? Bullet No. 6,(Single family home)-Although not principally permitted it cart be approved as a part of the Planned Development, and other uses such as storage facilities have cazetakers residences. Further, why would the existing home/office be considered "not in the best interest to the city" if annexed? Bullet No. 7-(Infrastructtue)- Victory road will be complete, as the remainder of the site re-develops it will be improved, matey sites are annexed, but improvements are nut required until they are substantially re-developed or developed. Bullet No. 8-(SH69)- We are sfrll working with ITD at this time. Bullet No. 9-(City Policies)- The portion of the lot to be developed, iu addition to the full frontage on victory will be improved to City and agency requirements. Bullet No. 10-(Mussell's Ada County violations)- Dispute between mussel and County, but. could be addressed in a development agreement to be resolved prior to plat signature, or new building occupancy. p.5 MRR 01 '84 17 18 208 887 7781 PRGE.85 Mar O1 04 05:08p Pinnacle Engineers, Inc. 208-887-7781 ANNEXATION AND ZONING CONDITIONS None provided for review or comment. PRELIMINARY PLAT FINDINGS As noted above for Annexation Findings. PRELIMINARY PLAT CONDITIONS None provided for review or camnleut. CONDITIONAL USE/PD FINDINGS A. The site is big enough, but we have requested the ability to tnake improvements as it develops rather than all at once: The fact that an existing house and building along Victory will not have the minimum landscape`buffer is unfortunate, but ordinance changed after the buildings were built and as the project re-develops these issues can be resolved. Open Space/Amenities: Trying to force amenities into a commercial development after it has been established has been difficult at best, fortunately the nursery provides a great deal of open space, and some benches in addition to the sidewalk along SH69 can be added to the site for additional amenities. Typically a Planried Development is used for undeveloped sites, the remainder of this site will redevelop at some point and the amenities will change with it, the portion that we are trying to develop is very small in comparison to the remainder of the property. Parking on site is an issue addfessed by the staff at this point and if more parking information is need or. required it can be included as a condition of approval for the project. B-I. No comment. CONDITIONAL USE/PD RECOMMENDATIONS None provided fur review or comment. FIRE DEPARTMENT CONDITIONS 1-13. No cotnment. SSC CONDITIONS No Comment. p.6 MRR 01 '04 17 18 208 887 7761 PRGE.06 Mar O1 04 05: 08p Pinnacle Engineers, Inc. 208-887-7781 Whew; that was longer than I expected, but there was a lot to cover. I respectfully disagree with staff that this project should be denied. There is a demand for the service station along the highway, it will impact very few adjoining neighbors, the development of -the property (landscaping, infrastructure and frontage improvements) will not happen along SH69, a Gateway Street, unless it calf develop in a manner that-makes financial sense to the developer. Provisions that will require all re-development to.be in compliance with the MCC and the Comprehensive Plan can be put in place by conditions of approval and through a development agreement. The platting process can further address the timing of the improvements through a phasing plus that will require improvements to be made as each phase of the subdivision is final platted. The lack of recommended conditions of approval for this project is unfortunate. We do not know what things, other than those touched upon in the recommended findings that the staff' would like Yo address. I have requested conditions of approval from staff to see what changes they feel should be made to this project in order for it to receive approval, but have not yet received any at this tune. This comer will eventually be redeveloped commercially, and I ant presently working with a developer who is willing to. do what is necessary to develop this project in line with the City requirements. The uses are appropriate for this site, the property is contiguous to the City limits, it is within the Area bf Impact and water/sewer can be brought to this site by the developer in compliance with the City's desires and utility plans. If you have any questions concerning this response letter or the proposed project please feel free to contact me of 887-7760 or via a-mail at davem(ir)pimtacle-engineers com. Sincerely, Dave McKinnon Land Use Planner cc: Pile #C036402 Brian Davis - Double D Feed and Seed Stan Cole -Cole Associates p.7 MRR 01 '04 17 19 208 887 7781 PRGE.07 Mar O1 04 05:09p Pinnacle Engineers, Inc. 208-887-7781 FILE No. 185 02x26 ' 04 Q$:51 1D:TfTLE ONE / TITLE DEPT. FRX:12082$75322 _- Re-Record to correct legal. 1.)' (L~l.U ~'~1 ~ :, ~' ~ aEanr~ ~/ WARRANTY(DEED ~~~~~ Pzaject Nv. SR-A5-37&2 (?) Paecel Ho. 25, Id. ND. 20305 ~~® Key tin. 694 ~ ~~~~ TINS IND€NT_D!<E, Mado this _~ day of ~~ 199, between GERALD STEWART and GEAALDQ TEHAFT AS Personal Representative of the estate of GDIS STEFTAAT, deCeaaed, GYantOC, dnd the STATE 0? IDRf:D, by Sad [h[ougn the IDANp TRANSPORTATION BQARD fot the DIVISION OF aIGHWAYS, 3311 Wese Slate Street, Boise, Idaho 83703, Grantee. WITNESSETHI: That the Grantor, for and i0 eanaideration of tine and No/100 (1.00) Dollars, gaid to him, receipt whereof is aekno~ledyed, has granted, bargained, sold,and conveyed and 8y these presents does grant, bargain, sell and convey unto the Grantee, its successors and p.8 PAGE 2; 5 assigns forever, in fee simple, the .ollowing described real es rate together with all rights of access between the sight of way of the said proiect and the remaining contiguous rsal property belonging to the Grantor 9::cept fot ~ apprvathes to np located on the right (:astat`„~~~ aide between ace tlons 931+24 and 394fr32.s3 of Ste to Highway No. c5 Highway Survey so long as there 1s a minimum spacing of 660y0 feet between sacb appruacli Situateu' in the County o` A:a, S,stz ^: Vic, t0-Wlti A parcel of land being on the Easterly side of the centerline o£ State Eignway Nv. 6S, Peojce;i iro.aii-nS-3782[2) High::ey suzcey as shown on the plans thereof now on flle in. the o £tice of the Id ahe Transportation Denartmenc, Division of Highways, and being a rror:ion of Govaenment Lot 9 of Seecion 19, Township 3 North, Range 1 East, noise Meridian, described as follows, co-wit: Beginning at the Southwest co cner of section 19, Township 3 NOLth, Range 1 EBSt, 30ise Nerid ieh; thence North 8g°82'OS" €ast along the SOU Ch line of said Section 19 a disCSn ce of 360.0 feet to a point coincident with Station 3+60 oP the Victory Road Survey as shown on the ?aSe 1 of A MRR 01 '04 17 20 206 887 7781 PRGE.08 Mar 01 04 05:09p Pinnacle Engineers, Inc FILE No.i85 02/26 '04 0$:~ lD~TITLE ONE i TITLE DEPT. f • , WA&RANTY OEEH Project No. SR-aS-3782{2) Parcel No. 25, Id. No. 20305 Key No. 694 208-887-7781 p.s FAX:12082875322 PRGE 3~ 5 ~~iV~~ plans of said State 8ighway No. 69, Project No. SR-AS-3782[21 Ni9hway Survey: thence Nor[h 0°17.51" West - 25.0 feet to a point in the Northerly right of way if ne of arfsting victory &oad end opposite station 3+60 of .said victory ROad Sutveyp thence North 87°06'41° West - 269.88 feet t0 a pofnt that bears South 89°21'29" Base - 90.0 Yeet trom ~catlon 381*4?.il Of said Highway Survey; thence North qq°49'40• Wert - 42.09 feet to a point in a Sine parallel with and 60.0 feet Easterly from the centerline and bears South 89°21'29' Easc from station 181+71.62 of said H i6ltway Survey; thence North ^°38'31" East along Bela parallel line 722.36 Peet to a point: opposite Station 369+00 of said Highway Sutvey; thence North 1°93'D4" Ea=_t - 51?, 59 feee to a point in the RIOL Lh line a£ Government Lot 9 of said S~cLfon I9; thence 6ouch B9°A2'46" Wesc along said North Line 7u.01 fest~ to a noinc in the line of said section iS: ~ Qs, theca South 0°36'31" West along said line 1331.82 feee to the PLACE Op BEGINNING. State Highway No. 69 station Refatence:s81+OD.63 to ! 394+32.5D ~` The area above described contains aogroximacely 6.133 acres, ~ 0.956 acres of which is acknowledged to be a portion of a public road. The hearings as shown in the above land description, unless ocheraise noted, ere from the Idaho Plane Coordinate system, bases on ehe esansverse mercatoc groj ee tf on for the oast Erna vP Ldaho. Grantor conveys unto tha Gcentee ehe right to pcohibit the ecec- tion O[ eonstruccion of any buildings er str¢eture~ except irritation or dr sfnage structures within twenty feee (z0') of the seal pcopac ~~' above described. Pagel oY s MAR 01 '04 17 20 208 887 7781 PRGE.09 Mar O1 04 OS:IOp Pinnacle Engineers, Inc FILE lda.185 0226 '04 0852 ID:TITLE Ott ~ T[T(.E DEPT. WARRANTY DEED 208-887-7781 FAX:12082875322 Project No. SR-RS-3782(2) Parcel No. 25, 3d. No. 24305 &ey uo. 6?4 It is expressly intended that these canenants, burdens and cestrictions shall run with the land and shall Fo[ever bind the Grantor his heirs and assigns, TD ®AVE AND To RDLD the said premises, With their appurtenances, unto the said Gcancee and ies successors and assigns forever. and the Grantor does hereby covenant to and wick ehe said Grantee, Chat he is the owner in Pee simple oL said premises; that they are free Erom all encumbrances and that he will warrant and defend the same Erom all la+~ful claims whatsoever. IN WITN£55 WFfE REOF, Gcantor has hereunto set his hand and seal the day and year firse above written. GERAL~ T ~ "is£,( _" i`za~n-dam°~d IJ o ~.-~~7` ~ G£ I.if BT WART, Per sans Repre- sentaeive of the estate of rA IS STEWART, deceased Yoge 3 of 4 p.10 PAGE 4r 5 MRR 01 '04 17:21 208 887 7781 PAGE. 10 Mar 01 04 OS:SOp Pinnacle Engineers, Inc FILE No.185 02x26 '04 08:52 ID:TITLE l;iJE i T1TLE DEPT. .\_ w ,, ~ WARRANT7f DEED Project No. SR-FS-3783(2) Ferret No. 25, Id. R10. 20305 Rey No. fi44 STARE DF 1J,s'sc,•~ _.~"""- 1 sc. County of ~ , j 208-887-7781 FAX:12082875322 J4+UQ~Q~, rVrs On this -_~ day of J~^, 1967 before me; the undersigned, a Notary Pu61ic sn a for said State, personalty appeared GERALD STEWART individually and as Fersonal Representative of the ee;tate of LOIS ST&WAFT, deceased, known eo m0 to be the person whose name f5 subscribed to the Foregoing instrument, and acknowledges to me that he executed the same far himself and as Personal Representative cf the estate of Lois Steuart, deceased. ,~ .•"':~~ IN WIrNE55 WHERRDP, I have hereento set my hand and affixed my a~Ef ieial seas cha day end year in this ce rt.i ficate first above vritean. ? _~ (~~~+f,.,,. Notary Public for _ v`` ~ RESidlnq at ~oiar °" `•_ ' My commission expires 9-t-S9. "~ G~' •4~.~ l ~ Ce1K'fY 10!110 y R~py~~ YIW4t[R TRiE ~ . ~YY t"+r+Y. keno. ~ ORTE ~ ~ Tr CD B1~S pR der ~ Wrg l~~~ R~QM^~' iakii B45r~' `--' I`f 0.W4 a -~~ n i ~, ~J ~ D,..:. Page 4 of 4 p.il PAGE 5i S MRR 01 '04 17:21 208 887 7781 PRGE.11 f March 1, 2004 AZ 03-035 MERIDIAN PLANNING & ZONING MEETING March 4, 2004 APPLICANT Pinnacle Engineers, InC. ITEM NO. 4 REQUEST Public Hearing -Request for annexation and zoning of 21.38 acres from C-2 to C-G zones for proposeod Mussell Comer Subdivision -northeast comer of East Victory Road and South Meridian Kuna Highway AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: Contacted: Emailed: See attached Staff Comments ~I ~ -~ ~}-15-D~ No Comment No Comment See attached Comments No Comment See attached Comments from Cloyd and Bonnle Nelson ~A ~A n w ~ Date: ~'~ ~b~ Phone: v Staff Initials: Materials presented of public mee8ngs shall become properly of Me City of Meridian. HUB OF TREASURE VALLEY MAYOR Tarmny deWeerd CITY COl1NCIL MEMBERS William L.M. N ary A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO LEGAL DEPARTMENT (208) 466-9272 ~ Fax 466-4405 PCIBLIC WORKS BUILDING DEPARTMENT (208) 898-5500 ~ Fax 887-1297 Keith Bird Shaun Wardle Charles M. Rountree MERIDIAN, IDAHO 83642 (208) 888.4433 • FAX (208) 887-0813 City Clerk Office Fax (208) 888.4218 PLANNING AND ZONING DEPARTMENT (206) 884-5533 ~ FAX 888fi854 STAFF REPORT: Transmittal Date: February 26, 2004 P8aZ Hearing Date: March 4, 200j4 To: Mayor, City Council and Planning & Zoning Commission RECEI Y .iJ From: Craig Hood, Associate City Planner ~~ ~ FEB 2 6 200q Bruce Freckleton, Senior Engineering Tech City Of Meridian City Clerk Office Subject: Mussel) Corner Subdivision • Annexation/Rezone (AZ) Approval of 21.38 Acres from C2 (Ada County) to C-G (General Retail and Service Commercial), by Pinnacle Engineers, Irlc. (File No. AZ-03-038) Preliminary/Final P lat (PFP) Approval o f F our (4) B uildable Lots o n 21.38 Acres in a Proposed C-G Zone, by Pinnacle Engineers, Inc. (File No. PFP-03- 007) • Conditional Use Permit (CUP) Approval for a Planned Development (PD) for a Combination Feed Store and Gas/Convenience Station and to Allow the Existing Commercial and Residential Uses to Remain on 21.38 Acres in a Proposed C-G Zone, by Pinnacle Engineers, Inc. (File No. CUP-03-071) APPLICATIONS SUMMARY The Applicant, Pinnacle Engineers, Inc., has applied for Annexation/Zoning (AZ); Preliminary/Final Plat (PFP) and Conditional Use Permit/Planned Development (CUP/PD) approval of four (4) buildable lots on 21.38 acres within the proposed C-G zone. The site is located at the northeast corner of Victory Road and Kung-Meridian Road (SH 69). The subject development is eligible for a combined preliminary/final plat application because the proposed subdivision does not exceed four lots, there are no new streets being dedicated or widened, and this development is not located within a floodplain, hillside or the like (MCC 12- 3-3). One of the four buildable lots i5 for a new combination feed store and gas/convenience station, located on the northeast corner of Victory Road and Kuna-Meridian Road. Another one of the proposed lots will be for a future stand alone commercial building. The remaining two proposed lots will be utilized in their current capacity which includes: growing and storing materials for the on-site commercial landscape nursery, asprinkler/irrigation business, and a single-family residence/landscape office. The Applicant is requesting detailed CUP/PD approval of the proposed feed store/gas station on Lot 3, and of the existing structures on Lots AZ03-038, PFP-03-00], CUP-03-o91 Musaell Comn.RZ.,PPP.COP.doc Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: March 4; 2004 Page 2 1 & 4. The existing coffee kiosk located near the intersection of Victory Road and Kuna- Meridian Road will be removed if the application is approved. This property is currently zoned C2 in Ada County and is designated in the City' s Comprehensive Plan as "Commercial". A CUP/PD application is required because there aze multiple buildings on a single parcel and because the existing residential use is prohibited in the proposed C-G zone. The PD application requests that the existing single-family home be approved in the C-G zone as a use exception as allowed in MCC 12-6-3. The Applicant has not submitted detailed plans for Lot 2 and is requesting only conceptual approval at this time. All future development within the boundaries of the preliminary plat, including the possible re- development of Lots 1 & 4, will require a detailed conditional use pernut. The Applicant is not requesting any deviations from the standazd dimensional standards (e.g. - setback, frontage, height, etc.) with the PD. However, the Applicant is requesting that the landscaping and other land use buffers adjacent to the existing nursery, home/office, and sprinkler/irrigation building on Lots 1 & 4, be allowed to remain as-is until these lots redevelop. The Applicant is proposing to utilize the open space provided by the commercial nursery as one amenity and a meandering sidewalk adjacent to Kuna-Meridian Road as the other. See the Conditional Use/PD section of this report for further analysis of this request. The Applicant is proposing two new access points onto Kuna-Meridian Road (SH 69), a principal arterial roadway, and three access points onto Victory Road, a collector roadway. A common ingress/egress easement, shared by all four (4) buildable lots in the subdivision, which provides access to both Kuna-Meridian Road and Victory Road is proposed. Kuna-Meridian Road is under the jurisdiction of the Idaho Transportation Department (ITD), and Victory Road is under the jurisdiction of the Ada County Highway District (ACRD). See the "Findings" in the Annexation & Zoning section of this report, and the correspondences from ACRD and ITD for detailed analysis of the proposed access points. Ada County Development Services has submitted a letter to the City outlining the various code infractions on this site (see letter from Ada County Development Services dated 2-4-04). The letter explains that there aze uses on this site that that have not obtained the County's approval and are in violation of the approved site plan (File # 99-27-PDC). In addition to the illegal uses, there aze storage areas that have not been properly screened, signage that has not been permitted, lighting that has been installed in violation of Ada County Code, and other landscaping violations. S ee the "Findings" i n t he Annexation & Zoning s ection o f t his r eport for d etalled analysis. Staff has provided a detailed analysis for the requested annexation and zoning, preliminary/final plat, and conditional use pernvt applications below. Staff is recommending denial of the subject annexation and zoning (AZ-03-038), preliminary/final plat (PP-03-007) and conditional use permit (CUP-03-071). Because the staff recommendation is for denial, no conditions of approval are included in this report. AZ03-038, PFP-03-OD7,CUPA3-071 MusaeO COmer.RZ.PP.CUP.doc Planning & Zoning Comnussion/Mayor & City Council P&Z Hearing Date: March 4, 2004 Page 3 LOCATION The subject site is located on the northeast corner of Kung-Meridian Road (SH 69) and Victory Road, within Section 19, Township 3 North, Range 1 East. SURROUNDING PROPERTIES North -Single-family homes (Edmonds Subdivision), zoned RUT (Ada County) /Vacant, currently used for storage, zoned RUT (Ada County) South -143-acre pazcel, currently used for agricultural purposes, zoned RUT (Ada County) East -Single-family home (Observation Point Subdivision), zoned R-4 West - Single-family homes, zoned RUT (Ada County) The property owners of record are Tim & Carol Mussell, who have provided notarized consent for Pinnacle Engineers, Inc., to submit the subject applications. ANNEXATION AND ZONING FINDINGS The legal description submitted with the application meets the requirements of the City of Meridian and State Tax Commission. The subject property is within the Urban Service Planning Area. Because there are existing commercial uses on this site, staff has combined the analysis of use with the annexation and zoning fmdings. According to Ordinance 11-15-11, General Standards Applicable to Zoning Amendments, both the P&Z Commission and Council are required "to review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment." The following is the list of standazds found in 11-15-11 and analysis by staff: A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Commercial". In Chapter VII of the Comprehensive Plan, "Commercial" azeas are anticipated to provide a full range of commercial and retail to serve azea residents and visitors. Uses may include retail, wholesale, service and office uses; multi-family residential, as well as appropriate public uses such as government offices. Staff finds that the requested C-G zoning generally conforms to this stated purpose and intent of the Commercial designation. AZ-03-O18, PFP-03-00], QIP-03.0]1 Mussell Comer.RZ.PP.COP.dac Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: March 4, 2004 Page 4 Staff finds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to this application (staff .analysis is in italics below policy): "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal N, Objective D, Action item 2) The Idaho Transportation Department (ITD) has submitted a letter to the City stating that their policy for access to a Type IV Principal Arterial will be at intersections only, and spaced at one-half mile intervals in urban areas. ITD allows approaches (other than intersections) in special cases and on a temporary basis. Staff fands that the proposed access points to Kuna-Meridian Road (SH 69) do not meet the location requirements of ITD. "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action item 4) The Applicant is speci, fically asking for a waiver of the requirement to install landscaping adjacent to the existing uses that are to remain on-site. Further, in a letter to the City, ITD has stated that its future right of way width on Kuna-Meridian Road will be 120 feet on each side of the centerline (240 feet total) for building setbacks and to include a frontage road,• or, 70 feet each side of centerline (140 feet total) if the developer provides an internal frontage road type system to feeder roads. The Applicant is proposing cross-access between the lots using the driveway/parking lots, but is not proposing a public frontage road. If/when the ultimate right-of--way is obtained by ITD, and the required landscape buffer adjacent to Kuna-Meridian Road is installed, the proposed structures on Kuna Meridian Road will encroach into the required landscape buffer. Staff fands that 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 the above-listed Comprehensive Plan Action item. (See more discussion in the Conditional Use/PD section below.) "Permit new .commercial development only where urban services can be reasonably provided at the time of fmal approval and development is contiguous to the City." (Chapter IV, Goal I, Objecfive A, Action item 6) The Meridian Fire Department has submitted comments and conditions for this site (see comments atend of this report). One of the comments received from the Fire Department states that the proposed project is outside the five-minute response zone goal. Achievement of this goad is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are AZ03-03A, PFP-03-00"!, C[1P-03A]t Muaeell Corna.RZ.PP.CUP.dnc Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: Mazch 4, 2004 Page 5 located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. Staff does not anticipate that at the time of fnal approval of the first phase of this development that the response time goals of the Fire Department will be achieved. The subject site is not readily serviceable by City of Meridian's sanitary sewer and water systems. Water mains would have to be extended in E. Victory Road from the Observation Point Subdivision. A temporary sanitary sewer lift station would need to be installed near the northwest corner of the development, and a pressure main would need to be extended approximately 1,400 feet north on N. Kuna-Meridian Road to the existing sewer at the Elk Run Subdivision. "Locate new community commercial azeas on arterials or collectors neaz residential areas in such a way as to complement with adjoining residential azeas." (Chapter VII, Goal I, Objective B, Action item 5) The subject property has frontage on both an arterial roadway, Kuna-Meridian Road, and a collector roadway, Victory Road. The existing uses adjacent to this site have not yet developed to the expected residential densities anticipated in the Comprehensive P Ian. B ecause t he a djoining p roperties a re s till s omewhat r Ural i n nature, the development of a supply store may complement the existing uses. Depending on how the rest of the site builds-out, thas development may or may not compliment adjoining residential developments. • "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal 1, Objective B) The proposed and existing uses do provide a variety of commercial uses in this area, as envisioned with the Comprehensive Plan. • "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action item 5) The Applicant is specifccally asking a waiver of the requirement to install landscaping adjacent to the existing commercial uses that are to remain on-site. (See detailed analysis in the Conditional Use/PD section below.) • "On-street bikeways should be incorporated on all future Collector streets." (Chapter VI, Figure VI-5) Figure VI-5 o n p age S 7 of t he Comprehensive P lan d esignates a b tkeway o n b oth Victory Road and Kuna-Meridian Road adjacent to the site. The Applicant has not addressed the issues of bikeways adjacent to the site. Staff is recommending that the Applicant work with ACHD to provide a bike lane on Victory Road, but not Kuna- AZ83-038, PPP-03-00], CUP-U3-071 Hassell Cmnv.RZ.PP.CUP.dnc Planning & Zoning Commission/Mayor & City Council PBcZ Hearing Date: March 4, 2004 Page 6 Mertdi¢n Road. Because the posted speed limit on Kuna-Meridian Road is 55 MPH, staff does not believe that a bikeway should be required. • "Consider "Accommodating Bicycle and Pedestrian .Travel: A Recommended Approach" firom the National Center for Bicycling and .Walking in all land use decisions." (Chapter VI, Goal II, Objective A, Action item 3) This publication encourages jurisdictions to establash bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. The Applicant is requesting a waiver from the requirement to construct approximately 850 feet of sidewalk on Victory Road. This waiver request is not pedestrian-friendly nor is it consistent with the literature listed above. B. Is the area included in the zoning amendment intended to be rezoned in the future; Staff does not anticipate that the Applicant intends to rezone the subject property in the future. C. Is the area included in the zoning amendment intended, to be developed in the fashion that would be allowed under the new zoning -for example, a residential area turning into commercial area by means of conditional use permits; Nurseries aze a permitted use in the proposed C-G zone. Service stations are also a permitted use in the proposed C-G zone. Convenience stores require conditional use permit approval in the C-G zone. Residential uses are prohibited in the C-G zone. Irrigation/sprinkler businesses are not a listed use in the Zoning Schedule of Use Control (MCC 11-8-1). The existing imgation/sprinkler business that is to remain does have outdoor storage, office space, and has functions similaz to a contractors yazd. Because the irrigation sprinkler business is not specifically listed as a permitted use in the C-G zone, it has been determined that conditional use permit approval would be required (MCC 11- 6-4). The purpose of the C-G District is to provide for commercial uses, which are customarily operated entirely or almost entirely within a building (MCC 11-7-2.K). Staff finds that the proposed gas/convenience/feed store, the existing home, and the existing irrigation sprinkler business that is to remain, aze not principally permitted uses in the C- Gzone. The gas/convenience/feed store and the existing irrigation/sprinkler business would require separate conditional use approval. The existing home that is to remain is not eligible for permitting and does not conform to the proposed zoning (non-conforming use). D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access b een d eveloped o r p tanned o r a djacent a rea b eing d eveloped i n a f ashion similar to the proposed rezone area; AZ-03-038, PPP-03-00], CUPA3-0]I Muvxll Camu.RZ.PP.CUP.doc Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: March 4, 2004 Page 7 Observation Point Subdivision and Bear Creek Subdivision have recently been annexed and developed with residential land uses in this area. There aze not any developments in the area that have developed in a fashion similar to the proposed rezone area. Kuna-Meridian Road was recently widened in this area by ITD. Victory Road is not scheduled by ACRD for any improvements in the cun~ent Five Year Work Program or CIP. The intersection of Victory Road/Kuna-Meridian Road is ranked #2 on the highway district's prioritization list and is anticipated to be a signalized intersection in the near future. The Commission and Council should rely on the preceding facts and any public testimony to determine whether the changes in the area dictate that this area should be annexed into the City and zoned C-G at this time. E. Will the proposed uses be designed, constructed, operated and maintained to be harmonions and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; Staff fords that the proposed C-G zone/new uses, and any future uses, if designed, constructed and operated in accordance with adopted city ordinances, should be harmonious and appropriate in appearance with the intended character of the vicinity. The site is intended to be utilized for conunercial uses which, based on the Comprehensive Plan description, will have such uses as retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as government offices. F. Will .the proposed uses not be hazardous or disturbing to existing. or future neighboring uses; Accessory to the existing landscape business, there are chemicals, pesticides, and fertilizers stored on this site. Further, the proposal to operate a gas station feed store may be disturbing to the neighborhood as it is anauto-oriented business. Appropriate buffers should be required on the north and east boundaries of this development, as the abutting uses are less-intense than the proposed and existing uses (see MCC 12-13-12-4). The Commission and Council should rely on public testimony to determine whether the proposed uses will be disturbing or hazardous to the neighboring uses. G. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, d rainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; Staff finds that the recent roadway improvements to Kuna-Meridian Road (SH 69) should be adequate to serve this project for the short term. However, ITD has indicated that SH 69 i s n of c onstructed t o i is u ltimate s ection a nd w ill n eed t o b e w idened a gain i n t he future. ITD needs additional right-of--way and/or a frontage road adjacent to/through this property (see letter from ITD). Improvements to Victory Road in this area have not taken AZ-0J-0JA, PFP-03-007, CUP-03-071 Muasell Cosnv.RZ.PP.CUP.doc Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: March 4, 2004 Page 8 place in the recent past, and except for the anticipated signalization at SH 69, none are anticipated within the next 20 years. At full build out, staff believes that this site will add a significant amount of traffic to the roadway system (see ACHD staff report for further details). This site has over 1,000 feet of frontage on Victory Road. Other than 150 feet of sidewalk near the proposed gas station/feed store, the Applicant is not proposing to make any improvements (landscaping, sidewalk, bike 1 ane, mad widening, turn-lane, etc.) to Victory Road. The ACHD is recommending, with site-specific and standards conditions, approval of the subject development. The subject site is not readily serviceable by City of Meridian's sanitary sewer and water systems. Water mains would have to be extended in E. Victory Road from the Observation Point Subdivision. A temporary sanitary sewer lift station would need to be installed near the northwest comer of the development, and a pressure main would need to be extended approximately 1,400-feet north on N. Kuna-Meridian Road to the existing sewer at the Elk Run Subdivision. On January 23, 2004, a joint agency/department comments. meeting was held with representatives of key service providers to this property. The Meridian Fire Department has concerns with serviceability of this site, as it is currently outside of their five-minute response zone. Because the Fire Department does not know when a new station will be constructed in this area, south of the freeway, all buildings within this development must be sprinklered (all of the detailed conditions from the Fire Department and other agencies/departments are at the end of this report). The Applicant has not indicated, on the submitted site plan, where the refuse container(s) will be located. The Applicant should coordinate the location and design of refuse container(s) with Sanitary Services Company (SSC). Trash enclosures must be built in the location and to the size approved by SSC. All dumpster(s) must be screened in accordance with MCC 11-12-1.C. The Commission and Council should reference any written or verbal testimony submitted by the Meridian Police Department, and any other agency not listed above, regarding their ability to adequately service this project. Staff finds that the property proposed for annexation cannot currently be served adequately by all essential public facilities and services. H. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; If this annexation/development is approved, the developer will be financing the extension of sewer, water, local/intemal street infrastructure, utilities and imgation services to serve the project. The primary public costs to serve the future site will be fire and police services. Staff finds that this development will not cause excessive additional requirements at public cost. AZ03-038, PPP-03-00], CUP-03-0]] Mussell Camc.RZ.PP.CUP.doc Planning & Zoning Comrnission/Mayor & City Council P&Z Hearing Date: March 4, 2004 Page 9 I. Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff finds that the gas station/convenience/feed store uses may involve activities, processes, materials, equipment or conditions that could produce excessive traffic, noise, fumes and/or odors, as well as other negative public impacts. A key question that should be discussed at the public hearinG is whether the impacts will be "excessive." MCC 11- 12-2 and 11-12-3 are intended to mitigate impacts of special uses such as fire hazards, bulk storage, noises. In the Applicant's letter, they do not address the hours of operation for the proposed gas station/convenience/feed store. Conditions associated with a CUP and/or Development Agreement could establish use parameters that would prevent detrimental effects. In order to establish some Guidelines to mitiGate the detrimental aspects of the proposed use the existinG uses and all future uses on-site, the Applicarit site. J. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on sureounding public streets; Staff finds that any future uses will impact the level and flow of traffic on the surrounding roadways. ACRD estimates this site will generate 1,632 additional vehicle trips per day (74 existing). Chapter VII of the Comprehensive Plan states that the City should "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal N, Objective D, Action item 2). ACRD has evaluated access to this site from Victory Road, while ITD has jurisdiction over access to Kuna-Meridian Road (SH 69). ACHD has approved two access points to Victory Road. Please review the ACHD report for this project for additional information regarding this portion of this finding. ITD has submitted a letter to the City stating that their policy for access to a Type IV Principal Arterial (SH 69) will be at intersections only, and spaced at one-half mile intervals in urban areas. ITD allows approaches (other than intersections) in special cases and on a temporary basis (see letter from ITD). ITD's policy on approaches lessens the ability of driveways to create interference on the roadways. The driveways proposed to SH 69 for this site do not conform to ITD's policy listed above for approaches on a Type N roadway. Currently SH 69 has a posted speed limit of 55 MPH. Vehicles leaning this site from the proposed access points will be attempting to merge with, or cross; traffic that is going extremely fast. Staff fmds that if the approaches to the site are constructed as proposed, they will cause interference with the traffic flow on SH 69. K Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and AZNA3A, PPP-03AW, CUP-03-091 Mueaell Comei.RZ.PP.CUP.doc Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: March 4, 2004 Page 10 Staff is not aware of any natural or scenic feature(s) that would be lost, damaged or destroyed by allowing this site to be annexed, zoned and developed with commercial uses. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592,11-17-1992)" Staff finds that at this time, the annexation and zoning of this property would not be in the best interest of the City for the following reasons: • the site lies outside the jive-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); the proposal to operate a gas station/convenience/feed store may be disturbing to the neighborhood; • municipal sanitary sewer and water systems are not readily available to provide service; • the proposed gas station/convenience store use may involve activities, processes, materials, equipment and/or conditions that will produce additional traffc, noise; fumes and/or odors, as well as other negative public impacts; • a proposed use that is to remain (single family home) is not principally permitted in the proposed zone; • 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 access points to Kung-Meridian Road (SH 69) do not meet the location requirements of ITD or Action item 2 in Chapter VII, Godl IV, Objective D, of the Comprehensive Plan; • 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; • Mr. Mussell has the following violations of Ada County Code, Title 8 existing on his property: 1. Mr. Mussell had a site plan approval of File # 99-27-PDC in 1999. There are new uses that are presently on the property, which requires that the approved site plan be amended. At the present time without having an approved amended site plan, the area where the landscaping rocks are being displayed is in violation of Ada County Code. 2. Next a storage unit with a sign painted on each side of it has been placed on the property along with numerous signs advertising product, without ftrst obtaining the proper permits. It has been brought to the attention of this office thru Mr. Musseld's AZ03-03A, PFP-03-007, CUP-03-091 Mussell Comer.RZ.PP.CUP.doc Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: Mazch 4, 2004 Page 11 attorney that the sign on each side of the storage unit is not a sign, but a 3-axle trailer used for moving rock product. While conducting numerous site visits over the past year it does not appear that the trailer has been moved from its current location. Therefore thas use would meet the definition of a portable sign and would need a permit. 3. 77ae property also contains storage areas that are not properly screened per Ada County Code. 4. A mercury vapor-light was installed that does not comply with Ada County Code. Mercury vapor lights are prohibited in Ada County. Furthermore Condition #10 of the Conditions of Approval, File #99-27-PDC, states if lighting is proposed the applicant shall provide a detailed lighting plan prior to the intallation of the lighting. Mr. Mussell believes that the light was installed through an approved permit with Ada County by Fat Cat Fireworks. The permit, which was approved for Fat Cat Fireworks, was a permit for selling, fireworks only. There is no record of an approved lighting permit in this office, nor has this offace been provided with a detailed lighting plan to allow for placement of lighting in the landscaping rock area. 5. It also appears dhat the overhead line, which was installed to provide power for the Itght, has been installed in violation of Ada County Code, subsection 8-4A-21. This section states that all utilities for an approved use shall be installed underground. ANNEXATION AND ZONING CONDITIONS Because the staff recommendation is for denial, no site specific conditions have been included. PRELIMINARY/FINAL PLAT FINDINGS Meridian City Code (MCC) 12-3-3 J.2 and 12-3-5 D read as follows: "In determining the acceptance of a proposed subdivision, the Commission/Council shall consider the objectives of this title and at least the following: A. The conformance of the subdivision with the Comprehensive Development Plan; Please see the fmdings in section "A" of the Annexation and Zoning portion of this report. B. The availability of public services to accommodate the proposed development; Please see the findings in sections "G" and "H" of the Annexation and Zoning portion of this report. C. The continuity of the proposed development with the capital improvement program; AZ03-038, PPP-03-00'1, CUP-03-0]] Muvrcll Carna.RZ.PP.CUP.doc Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: March 4, 2004 Page 12 Staff fmds that the subdivision will not conflict with the capital improvement program because the developer is required to install sewer, water, local street infrastructure, utilities and irrigation, for the development at their cost. D. The public Tmancial capability of supporting services for the proposed development; Please see the findings in sections "G" and "H " of the Annexation and Zoning portion of this report. The Commission and Council consider the Meridian Police, Parks and Fire Departments' comments with regard to their capability to serve the proposed development. E. The other health, safety or environmental, problems that may be brought to the Commission's attention. Please see the findings in sections "I" and "J" of the Annexation and Zoning portion of this report. Staff fmds the Conunission and Council should rely on any public testimony that may be presented to determine whether the proposed use may cause health, safety or environmental problems of which staff is unaware. PRELIMINARY PLAT CONDITIONS Because the staff recommendation is for denial, no site specific conditions have been included. CONDTI'IONAL USE/PD PERMIT FINDINGS The Commission and Council shall review the particulaz facts and circumstances of each proposed conditional use in terms of the following and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish (11-17-3): A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this ordinance; Staff fmds that the subject property is large enough to accommodate the requested use and all other required features. A CUP/PD application is required because there are multiple buildings on a single parcel and because the existing residential use is prohibited in the proposed C-G zone. The PD application requests that the existing single-family home be approved in the C-G zone as a Use Exception (MCC 12-6-3). The Applicant states that they aze not requesting any reduced setbacks, reduced landscape buffers or reduced development standards for the property that is to be developed along SH 69 and Victory Road (see Applicant's letter). However, the Applicant is requesting that the required landscaping, including land use and street buffers, adjacent to the existing nursery, home/office, and commercial sprinkler/irrigation business lots be allowed to remain as-is until redevelopment of the properties. AZA3-039, PFP-03-00], CUP-03-0]I Meeeell Comer.RZPP,CUP.doc Planning & Zoning Commission/Mayor & City Council P&Z Heazing Date: March 4, 2004 Page 13 Landscaping/Required Yards (Setbacks)/Right-of--Way: The submitted preliminary plat/site plan does not show the ultimate right-of--way on Victory Road (35-feet to centerline) or Kuna-Meridian Road (120-feet to centerline). The submitted site plan does show the required 35-foot wide landscape buffer adjacent to Kuna-Meridian Road, and a 20-foot wide landscape buffer adjacent to Victory Road (MCC 12-13-10-4). However, except for the landscaping adjacent to the proposed gas/feed store on Lot 3, the Applicant is requesting that the landscaping requirement be waived. If/when the ultimate rights-of- way are obtained by the road entities, and the required landscape buffers adjacent to roadways aze installed, the proposed structures on Kuna-Meridian Road and the existing home/office neaz Victory Road will encroach into the required landscape buffers. Open Space/Amenities: MCC 12-6-2.A.3 requires two or more amenities to be provided as part of each PD. MCC 12-6 does not exempt non-residential PDs from providing amenities. It does state that "other amenities appropriate to the size and uses of the proposed development, as may be proposed by the applicant and approved by the Commission and Council," can be approved. Landscaped open space of at least 10~ may count as an amenity (MCC 12-6-2.A.3.a). In the Applicant' s letter it is stated that one of the amenities is the open space provided by the commercial nursery. Inherent to the landscape business, there is considerably more than 10~ of the site that is "open" space. However, the Applicant is not proposing to designate any of the site for permanent open space. Staff has concerns with the redevelopment of this site and there not being any provision for keeping a certain percentage of open space. The second amenity is approximately 550 feet of a meandering sidewalk adjacent to Kuna-Meridian Road. This site has over 1,200 feet of frontage; the proposed sidewalk encompasses less than half of the frontage of the site. Staff does not believe that the proposed sidewalk amenity is appropriate to the size and uses of the proposed development, as it does not even continue the entire length of the site. Staff is not supportive of the proposed amenities. Parking: MCC 11-13 outlines the requirements for all off-street parking facilities (drive aisles, stalls, striping, etc.). The Applicant is proposing to construct (pave, stripe, etc.) parking for the gas/convenience/feed store in accordance with MCC. However, the submitted site does not address parking for the existing uses on this site. The dimensions of the existing dirt driveways, unirnproved pazking areas, screening/landscaping adjacent to the parking and loading zones do not comply with MCC, and the Applicant is not proposing to bring them into compliance with the subject CUP/PD application. Even though the site is lazge enough to accommodate all required yazds (setbacks), open space, parking, landscaping, right-of--way requirements, and other design features required by Meridian City Code, the Applicant is not proposing to bring the site into compliance with the City's adopted standards. Therefore, staff is not supportive of the requested CUP/PD. B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; AZ-03-W 8, PPP-0J-OD7,CUP-03-0]I Mussell Comer.RZ.PP.CUP.doc Planning & Zoning Coinrnission/Mayor & City Council P&Z Hearing Date: March 4, 2004 Page 14 Please see the findings in section "A" of the Annexation and Zoning portion of this report. C. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; Please see the findings in section "E" of the Annexation and Zoning portion of this report. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; Staff is Please see the findings in sections "I" and "J" of the Annexation and Zoning portion of this report. E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately. any such services; Staff is Please see the findings in section "G" of the Annexation and Zoning portion of this report. F. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Please see the findings in sections "G", "H" and "I" of the Annexation and Zoning portion of this report. G. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Please see the findings in sections "I" and "J" of the Annexation and Zoning portion of this report. H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Please see the findings in section "J" of the Annexation and Zoning portion of this report. AZ03-03&PPP-03A0l, CUP-OI-OIl Musmll COmer.RZ.PP.CUP.doc Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: March 4, 2004 Page 15 I. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Staff is not awaze of any natural or scenic feature(s) that would be lost,. damaged or destroyed by allowing this site to be annexed, zoned and developed with commercial uses. Staff fords the Commission and Council should rely on any public testimony that maybe presented to determine whether the proposed use may result in the destruction, loss or damage of a natural, scenic or historic feature of which staff is unaware. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. CONDITIONAL USE/PD REQUIREMENTS Because the staff recommendation is for denial, no site specific requirements have been included. OTHER AGENCY/DEPARTMENT COMMENTS/CONDITIONS MERIDIAN FIRE DEPARTMENT CONDITIONS IAZ-03-038, PFP-03-007, CUP-03-071) 1. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 'h" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 3. All entrance and internal roads shall have a fuming radius of 28' inside and 48' outs ide. 4. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 6. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. AZ03-038, PFP-03-00],CUP-03-0]1 b1u~e11 Coma.HZ.PP.CUP.doc Planning 8c Zoning Commission/Mayor & City Council P&Z Hearing Date: March 4, 2004 Page 16 7. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 8. Commercial and office occupancies will require afire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. 9. The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. 10. The fire department r equests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 11. Any chemical storage on the site will require compliance with IFC and MCC 11-12-3.A. This includes agricultural fertilizers and chemicals. 12. Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate firefighting and fire-prevention equipment and by such safety devises as are normally used in the handling of any such material. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved as specified in the UFC, Uniform Life Safety Code, MCC 11-12-3.C, and the National Safety Foundation publications. 13. All buildings must be sprinklered. SANITARY SERVICE CO. CONDITIONS fPFP-03-007. CUP-03-0711 Design the enclosure(s) per the standard recommendations of SSC for access, gates, floor/pad, container stops/bumpers, and dimensions. Coordinate the design with SSC. Approval of the trash enclosure design will be required prior to issuance of a Certificate of Zoning Compliance for the project. RECOMMENDATION Due to the findings listed in this report, staff recommends denial of the annexation/zoning (AZ-03-038), preliminary/final plat (PFP-03-007) and conditional use permit (CUP-03-071) requests. AZ-03-03B, PPP-03-0W, CUP-03AX/1 Hassell Comer.EZ.PPCUP dac Ada County Highway District Department Planning Review Division This application does not require Commission action and is approved of the. staff level on Tuesday January 27, 2004. Tech Review for this item was held with the applicant on Friday January 23, 2004. Please refer to the attachment for appeal guidelines. Staff cortfact: Andrea N. Tuning, 208-387-6177-phone, 208-387- 6393-fax, atuninq[ achd.ada.id.us File Numbers: Mussell Corner / MAZ03-038 / MCUP03-071 / MPFP03-07 Site address: NEC of Victory Road and Meridian Road {SH 69) ApplicarMlRepresentative: Pinnacle Engineers, Inc. R~~~~T TEy-~ 12552 West Executive Drive, Suite B ~1' v .1.'' Boise, Idaho 83713 FEB 18 2Q04 Owner: Tim Mussell 100 East Victory Road City Of Meridian Meridian, Idaho 83642 City Clerk Office Application Information: The applicant has submitted an application to the City of Meridian requesting annexation, rezone, conditional use, preliminary plat and final plat approval to construct a 4-lot commercial subdivision on 21.38-acre site. The site is currently zoned C-2 and is proposed to be zoned GG. The site is located on the northeast comer of Victory Road and Meridian Road. Acreage: 21.38-acres Current Zoning: C-2 Proposed Zoning: C-G Buildable Lots: 4-lots Common Lots: None Vicinity Map A. Findings of Fact 1. Trip Generation: This development is estimated to generate a total of 1,632 vehicle trips per day (74 existing) based on the Institute of Transportation Engineers Trip Generation Manual. 2. Impact Fees: There will be an impact fee that is assessed and due prior to issuance of a building permit. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 3. Traffic Impact Study: A traffic impact study was not recpaired with this application. 4. Site Information: The site currently functions as a nursery and adrive-thru coffee hut. 5. Description of Adjacent Surrounding Area: a. North: 11.63-acres that is currently undeveloped b. South: Victory Road and 143.70-acres that is currently undeveloped c. East: Observation Point Subdivision d. West: Meridian Road and 24.20-acres that is currenty undeveloped 6. Impacted Roadways Victory Road: Frontage: Functional Street Class cation: Traffic count: Level of Service: Speed limit: State Hichwav 69 (Meridian Road1: Frontage: Functional Street Class cation: Traffic count: Level of Service: Speed limit: 1,070-feet Collector East of Meridian Road (SH 69) was 4,009 on 5-15-02. West of Meridian Road (SH 69) was 2,097 on 5-16-02. Better than "C" 50 MPH 1,290-feet Principal Arterial North of Victory Road was 22,266 on 5-15-02. South of Victory Road was 20,698 on 5-16-02. Better than "C" 55 MPH Currently the Victory Road / SH 69 intersection is a stop controlled intersection. This intersection is ranked #2 on the District's prioritization list and is anticipated to lie a signalized inrtersection in the near future. 7. Roadway Improvements Adjacent To and Near the Site Victory Road is currently improved with 2-traffic lanes with no curb, gutter or sidewalk abutting the site. Victory Road widens to 3-traffic lanes at the intersection of Meridian Road. Meridian Road is currently improved with 5-traffic lanes with no curb, gutter or sidewalk abutting the site. 8. Existing Right-of-Way Meridian Road currently has a total of 126-feet of right-of-way (60-fit from centerline). Victory Road currently has a total of 70-feet of right-of-way (35-feet from certerline). 2 9. Existing Access to the Site The site has a number of existing driveways that intersect Meridian Road (SH 69) and Victory Road. 10. Site History The District has reviewed a number of development applications on this site. On August 16, 1995, the District reviewed a rezone and planned unit development for a nursery and a pump supply business. With this application, the applicant was required to dedicate right-oF-way on Victory Road, utilize one driveway (located on Victory road approximately 315-feet east of SH69), and Gose all other driveways on Victory Road On April 14, 1999, the District reviewed a conditional use permit for adrive-thru espresso stand. With this applicant, the applicant was required to dedicate right-of-way on Victory Road, utilize the existing driveway (located on Victory road approximately 315-feet east of SH69), and construct a 5-foot concrete sidewalk on Victory Road. 'Sidewalk was not constructed. On July 7, 1999, the District reviewed a planned unit development to allow the applicant to expand the services allowed on this site. The applicant added adrive-thru espresso stand and a feed and tack business to the site. With this application, the applicant was required to dedicate right-of-way on Victory Road, ronstrud a 5-foot concxete sidewalk on Victory Road, utilize the existing driveway (located on Victory road approximately 315-feet east of SH69), utilize the existing driveway (located on Victory road approximately 700-feet east of SH69), and construct a temaorarv drive-thnr for the espresso stand (that is to be removed when the site redevelops). ' Sidewalk was not constructed. 11. Capital Improvements PlanlFive Year Work Program This segment of Victory Road is not included in the Districts Five Year Work Program or Capital Improvements Plan. 12. Schedule The item was scheduled to be heard by the Commission on February 4, 2004. The item was deferred by the applicant and staff to determine if a resolution could be obtained at the staff level. On Monday February 9, 2004, staff met with the applicant and the proposed buyers. Staff and the applicant agreed to the terms of the report on February 9, 2004. B. Findings for Consideration 1. Right-of--Way and Improvements Victory Road District policy 72-F1 B requires collector roadways to be ~ronstruded as a 46-foot street section with vertical curb, gutter and 5-foot detached (or 7-foot attached) concrete sidewalk within 70-feet of right- of-way with parking prohibited on both sides. The applicant should constnad Victory Road with one-half of a 46-foot street section with curb, gutter, a 5-foot (or 7-foot attached) detached concrete sidewalk and pavement widening abutting the entire site. Meridian Road (SH 69) Meridian Road (SH B9 is under the jurisdiction of the Idaho Transportation Department. The application should contact ITD to determine if any improvements and/or additional right-of-way will be required as a part of this application. 3 `District policy would require the applicant to construct a 5-foot concrete sidewalk abutting the site on SH 69. 2. Driveways Victory Road Driveways Near a Signalized Intersection District policy 72-F4 (1] requires driveways located on collector roadways near a signalized intersection to be located a minimum of 175-feet from the signalized intersection for afull-access driveway and a minimum of 85-feet from the signalized intersection for aright-iNright-out only driveway. District policy 72-F4 (1) requires driveways located on arterial roadways near a signalized intersection to be located a minimum of 440-feet from the signalized intersection for afull-access driveway and a minimum of 220-feet from the signalized intersection for a right in/right-out only driveway. Driveways from a Stop Controlled Intersection District policy 72-F4 (2) requires driveways located on collector roadways near a stop controlled intersection to be located a minimum of 150-feet from the intersection for afull-access driveway and a minimum of 110-feet from the intersection for aright-in/right-out only driveway. Driveway Spacing Between Successive Driveways District policy 72-F5, requires driveways located on collector or arterial roadways with a speed limit of 50 to align or offset a minimum of 255-feet from any existing or proposed driveway. All Driveways Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with District policy, 7207.9.1, the applicant should be required to pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15-foot radii abutting the existing roadway edge. District policy 7207.9.3 restricts commercial driveways with daily traffic volumes over 1,000 vehicles to a maximum width of 35-feet. Most commercial driveways will be constructed as curb~cut type facilities rf located on local streets. Curb return type driveways with 15-foot radii will be required for driveways accessing collector and arterial roadways. The applicant is proposing to construct a 30-foot wide driveway that intersects Victory Road approximately 185-feet east of Meridian Road (SH 69) to be utilized by the proposed convenience store. This driveway is proposed to be located approximately 120-feet west of an existing driveway that is utilized by the existing nursery. Although the proposed driveway for the convenience store meets the minimum offsets from Meridian Road {SH 69), the driveway does not meet District policy in regard to minimum offsets between driveways on Victory Road. The applicant should choose which driveway that they would like to have. The applicant may construct a new driveway that intersects Victory Road approximately 185-feet east of Meridian Road (69) OR the applicant may utilize the existing driveway that is located approximately 345-feet east of Meridian Road (SH 69). The applicant may not have both driveways. No matter which driveway the applicant chooses, the applicant should pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement tapers wish 15-foot radii abutting the existing roadway edge. The applicant is proposing to utilize an existing 20-foot wide driveway that is located approximately 345-feet east of Meridian Road (SH 69}. This driveway is located approximately 120-feet east of the 4 proposed driveway for the proposed convenience store. The existing nursery currently utilizes this driveway. This driveway currently meets District policy, but will not meet District policy once the proposed driveway for the convenience store is constructed to the west. The applicant should choose which driveway that they would like to have. The applicant may construct a new driveway that intersects Victory Road approximately 185-feet east of Meridian Road {69) OR the applicant may utilize the existing driveway that is located approximately 345-feet east of Meridian Road (SH 69). The applicant may not have both driveways. No matter which driveway the applicant chooses, the applicant should pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15-foot radii abutting the existing roadway edge. The applicant is proposing to utilize an existing 40-foot wide driveway that is located approximately 670-feet east of Meridian Road (SH 69). This driveway is located approximately 310-feet east of the existing driveway that is utilized by the nursery. This driveway exceeds the minimum offsets to surrounding driveway and should be approved with this application. Meridian Road (SN 69) The applicant is proposing to construct three driveways that intersect Meridian Road. The applicant is proposing to construct aright-iNright-out driveway that intersects Meridian Road approximately 180-feet north of Victory Road. The applicant is proposing to construct a full access driveway that intersects Meridian Road approximately 630-feet north of Victory Road. The applicant is proposing to construct a full access driveway that intersects Meridian Road at the north property line. Meridian Road (SH 69) is under the jurisdiction of the Idaho Transportation Department. The application should contact ITD to determine driveway locations and access restrictions on Meridian Road (SH 69}. 'District policy requires driveways on arterial roadways to be located a minimum of 220-feet from a signalized intersection for aright-iNright out ONLY driveway and 440-feet from a signalized intersection for a full access driveway. Typically, the District requires applicant's to restrict driveways by installing a 6-inch raised median to ensure that the driveway functions as aright-iNright-out driveway. ITD should also consider requiring an acceleration lane and/or a deceleration lane for the driveways on SH 69 due to the speed and volume of traffic on SH 69. 3. Other Access Victory Road is classified as a collector Roadway. Other than the access points that have specifically been approved with this application, direct lot access to Victory Road is prohibited. Notes of the access restrictions should be noted on the final plat. C. Site Specific Conditions of Approval 1. Construct Victory Road with one-half of a 46-foot street section with curb, gutter, a 5-foot (or 7-foot attached) detached concrete sidewalk and pavement widening abutting the entire site. 2. Construct a new driveway that intersects Victory Road approximately 185-feet east of Meridian Road (69) OR the applicant may utilize the existing driveway that is located approximately 345-feet east of Meridian Road (SH 69). The applicant may not have bath driveways. No matter which driveway the applicant chooses, the applicant will be required to pave the driveway its full width and at least 30- feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15- foot radii abutting the existing roadway edge. 3. Utilize an existing 40-foot wide driveway that is located approximately 670-feet east of Meridian Road (SH 69), as proposed. 4. Other than the access points that have specifically been approved with this application, direct lot access to Victory Road is prohibited. Notes of the access restrictions shall tie noted on the final plat. 5. Comply with all Standard Conditions of Approval. D. Standard Conditions of Approval Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the Districts Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387190 in the event any ACHD conduits (spare or filled) are compromised during any phase of constnaction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicants authorized representative and an authorized representative 6 of the Ada County Highway District. The burden sha{I be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its suxessors in interest advises the Highway District of its intent tb rthange the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant•to the law in effect at the time the change in use is sought E. Conclusions of Law The proposed site plan is approved, if all of the Site Speafic and Standard Conditions of Approval are satisfied. 2. ACHD requirements are intended th assure that the proposed use/developmentwih not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Attachments 1. Vicinity Map 2. Site Plan 3. Appeal Guidelines 7 8 3015 S. Meridian Road City of Meridian Planning 8v Zoning Dept. 660 E Watertower 5t. Suite #201 Meridian, ID 83642 Attn: Anna Powell, Planning Director Dear Ms. Powell, Meridian, ID 83642 February 23, 2004 REC~'I~T~I~ R~°E~'EL~ FEB 2 4 2004 FEB 15 1004 ci~^1' ®~ "n>Dialy PLANNIIVGI & ZONING City Of Meridian City Clerk Olhce Concerning the Mussell Corner Subdivision: Public hearing date, March 4, 2004 at 7:00 P.M. We are Cloyd W. and Bonnie M. Nelson, owning property at 3015 S. Meridian Road, Meridian ID 83642. This property is the northwest corner of Meridian/Victory Road. The Mussell property is the northeast corner of Meridian/Victory Road. There is one important issue that should be addressed prior to implementing these plans. There is a drainage pipe that crosses under Meridian Road .from our property to the Mussell property. The pipe was installed by the Idaho Transportation Department to prevent any standing water, (irrigation or other water), along the roadside. There have been some alterations to said pipe and drain system. All parties concerned need to be aware of this system including the alterations to insure the system works as originally intended by the Idaho Department of Transportation. We have contacted Matt Ward, Engineer at Idaho Department of Transportation. They plan to review the drainpipe and it's alterations to assure that it has been altered in a manner tkaat follows code according to the State~f IdahA. _ - We have also spoken to Dave McKinnon with Pinnacle Engineers, Inc. as a matter of communicating our concern. Prior to that conversation, Mr. McKinnon had not been aware of the presence of the drain system. He advised us to write this letter expressing our concern to you. Yours truly, Cloyd W. & Bonnie M. Nelson REC~~~JF~ .Ef~~i "i -1 h~>>ri~~ af(; , City of Meridian r~~~ ~~~~~~ n City~rtt ~I~ ~ I/G~JlG~GGR~L %fi/IL~~Ct>r~llll~L 1503 FIRST STREEF SOUTH NAMPA, IDAHO 83651-4395 FAX it208-463-0092 - 2004 1lNldi~1'r~ G. Berg Jr. City Clerk City of Meridian --- ~ ~.3 e_- . ` ;, $ 2 RE: -PEP 03-007, CUP 03-071 & AZ 03-038 Hassell Corner Subdivision Dear Wifl: Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Nampa & Meridian Irrigation Qist~~t has no comment on the above referenced applicatiori*for Annexation arrd Zoning for the proposed Mussell Corner Subdivision However, Nampa & Meridian Irrigation District does require a Land Use Change Application be filed for review prior to final platting. Please contact Donna Moore at 466- 7861 for further information: All laterals and waste ways must be protected. The District's Kennedy Lateral courses along the east and northern boundary of this proposed project. All laterals and waste ways must be protected. All municipal surrace drainage must be retained on-site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. Please contact Donna Moore at 466-7861 for further information. The developer must comply with Idaho Code 31-3805. If is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Thank you, ~~~~~ Bill Henson Asst. Water Superintendent Nampa & Meridian Irrigation District BH/dbg C: Water Superintendent Dave McKinnon/Pinnacle Eng.'.Inc: Rider 5 'File-- OfficelShop APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS- 23,000 BOISE PROJECT RIGHTS - 40,000 gF!CF~VED JRN 2 7 2011 City of Meridian COPY City Clerk Office '~a,~ ,~.~t d'c `1f~iic'dictstr ~ 1503 FIRST STREEF SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 Pinnacle Engineers 12552 W. Executive Drive, Suite B Boise, ID 83713 OFFICE: Nampa 466-7861 SHOP: Nampo 466-0663 - - - RE:-- Lanoti}se-0hange~Lpplication =-Hassell Eomer.~ij~dadilrfsfon _ _ __° -_ _- - _-- -_-- _-- --,_ -- Dear Pinnacle Engineers: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above-referenced development. If this development is under a "rush" to be finalized, I would recommend that you submit a cashier's check, money order or cash as payment of the fees in order to speed the process up. If you submit a company or personal check, it must clear the bank before processing the application. Should this development be planning a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District, I strongly urge you to coordinate with John P. Anderson, Water Superintendent for the Irrigation District, concerning the installation of the pressure system. Enclosed is a questionnaire that you must fill out and return in order to initiate the process of contractual agreements between the owner or developer and the Irrigation District for the ownership, operation and maintenance of the pressure urban irrigation system. If you have any questions concerning this matter, please feel free to call on me at the District's office, or John P. Anderson, at the District's shop. Sincerely, Donna N. Moore, Asst. Secretary/Treasurer NAMPA & MERIDIAN IRRIGATION DISTRICT DNM/smc cc: File Water Superintendent Will Berg, City Clerk, Meridian City Tim Musseil, 100 E. Victory, Meridian, ID 83642 enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 00,000 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Shaun Wazdle William L. M. Nary Charles M. Rountree .. „~Pµ~ CITY OF ~~'['_' ' °ti BY1Gl~1G~YI ~ ~~` , ti IDAHO -1~ LEGAL DEPARTMENT (208) 466-9272 • FAX 466-4405 PARKS & RECREATION (208) 888-3579 • Fax 898-5501 PUBLIC WORKS (208) 898-5500 • Fax 887-1297 BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 Keith Bird ~ ~ T - yruf%~-,!w~E PLANNING & ZONING I ieoa (208) 864-5533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Clerk's Office Attn: Will Berg, City Clerk, by: February Transmittal Date: January 7, 2004 File No.: AZ 03-038 12, 2004 Hearing Date: Request: Annexation and Zoning of 21.38 acres from 2004 to C-G zones for By: Pinnacle Engineers, Inc. Location of Property or Project: nortt David Zaremba, P/Z (No VAR, VAC, FP) Vacant, P/Z (No VAR, VAC, FP) Leslie Mathes, P/Z (No VAR, VAC, FP) Michael Rohm, P/Z (No VAR, VAC, FP) Keith Borup, P/Z (No VAR, VAC, FP) Tammy de Weerd, Mayor Bill Nary, C/C Charlie Rountree, C/C Keith Bird, C/C Sh n Wardle, C/C ater Department Sewer Department Sanitary Service (No VAR, VAC, FPJ Building Department Fire Department Police Department City Attorney Your City Engineer ,A D N 0 8 204 ~"~'`~ ~~~' MERIDIAN ~+~~~'~~-~~'~TER DEPT. Meridian School District (No FP) Meridian Post Office (FP/PP only) Ada County Highway District Ada County Development Services Central District Health Nampa Meridian brig. District Settlers Irrigation District Idaho Power Co. (FPiPP Doty) U.S. Wesf (FPiPP ~~ty) Intermountain Gas (FPiPPOntyJ Bureau of Reclamation (FP/PP oMy) Idaho Transportation Department (No FP) Ada COUnty (Annexation Doty) ounty Land Records (FPiPP oMy) ri ' evelopment Corporation Preservation Commission 33 EAST IDAHO AVEN[JE • MERIDIAN, IDAHO 83642 • (208) 888-4433 City Clerk Office Fax (208) 888-4218 Human Resources Fax (208) 884-8723 Finance & Utility Billing Fax (208) 887-4813 CENTRAL ~• DISTRICT HEALTH DEPARTMENT Rezone # Conditional Use # CENTRAL DISTRICT HEALTH DEPARTMENT Environmental Health Division Return to: RECEIVED ^ Boise Z D3 -D ^ Eagle ^ Garden City ~.~.Nleridian ^ Kuna ^ ACZ ^ Star Preliminary /Final /Short Plat /uwsSeG/ ~a. We have No Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ waste flow characteristics ^ or bedrock from original grade ^ other ^ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ^ S. After written approval from appropriate entities are submitted, we can approve this proposal for: ^ central sewage ^ community sewage system ^ community water well ^ interim sewage ^ central water ^ individual sewage ^ individual water ^ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ^ central sewage ^ community sewage system ^ community water ^ sewage dry lines ^ central water ^ 10. Run-off is not to create a mosquito breeding problem. ^ 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 13. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store ~~ ,,~~// ^ 14. Please see attached stormwater management recommendatations Date: ~l ~o l~ ^ 15. Reviewed By: ~- ~~"~ Review Sheet coax eioo i~ MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Shaun Wazdle William L. M. Nary Charles M. Rountree ~~°~' A k&:: ~~,,~~ ,,~~'' CITY OF j,~_,,~~' Il IDAHO LEGAL DEPARTMENT (208) 466-9272 • FAX 466-4405 PARKS & RECREATION (208) 888-3579 • Fax 898-5501 PUBLIC WORKS (208) 898-5500 • Fax 887-1297 BUILDWG DEPARTMENT (208) 887-2211 • Fax 887-1297 Keith Bird ~ a~~~'~ixee PLANNWG & ZONING I~soa (208) 884-5533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Clerk's Office Attn: Will Berg, City Clerk, by: 12, 2004 Transmittal Date: January 7, 2004 Hearing Date: February 19, 2004 File No.: AZ 03-038 Request: Annexation and Zoning of 21.38 acres-from C-2 to C-G zones for proposed Mussell Corner Subdivision By: Pinnacle Engineers, Inc. Location of Property or David Zaremba, P2 (No vaR, vac, FP) Vacant, P/Z (No VAR, VAC, FP) Leslie Mathes, P/Z (No vAR, vac, FP) Michael Rohm, P2 (No vAR, vac, FP) Keith Banlp, P/Z (No VAR, VAC, FP) Tammy de Weerd, Mayor Bill Nary, C/C Charlie Rountree, C/C Keith Bird, C/C Shaun Wardle, C/C Water Department Sewer Department Sanitary Service (Alo VAR, vac, FP) Building Department Fire Department Police Department Meridian School District (No FP) Meridian Post Office (FP/PPonly) Ada County Highway District Ada County Development Services Central District Health Nampa Meridian brig. District Settlers Irrigation District Idaho Power Co. (FPiPPonly) U.S. West (FPiPP ~~ty) Intermountain Gas (FPiPP ~~ty) Bureau of Reclamation (FP/PP only) Idaho Transportation Department (No FP) Ada COUnty (Annexation only) Ada County Land Records (FPrPP Onty) Meridian Development Corporation Historical Preservation Commission city attorney Your Concise Remarks: City Engineer / City Planner Parks Department RECEI~TFrJ ' ~^h"; ~ 1 2004 City of Meridian City Clerk Office 33 EAST IDAHO AVENUE • MERIDIAN, IDAHO 83642 • (208) 888-4433 City Clerk Office Fax (208) 888-4218 Human Resources Fax (208) 884-8723 Finance & Utility Billing Fax (208) 887-4813