HomeMy WebLinkAboutMussell Corner Subdivision PFP~E~~EIVED
STAFF SUMMARY
OF
City Of IVleridian
City Clerk Office
PLANNING AND ZONING COMMISSION
RECOMMENDATION TO CITY COUNCIL
Project Name:
Case No(s).:
Applicant:
Mussell Comer Subdivision
AZ-03-038, P.~1'-.Q~07, CUP-03-071
Pinnacle Engineers, Inc.
P&Z Commission Hearing Dates: March 4 and April 15, 2004
Recommendation: Denial of AZ-03-038, PFP-03-007 and CUP-03-071
Summary of Pabtic Hearings:
• At the March 4, 2004 hearing, testimony was provided by the following people:
- Stafftestified, recommending denial of the proposed applications.
- Mr. David McKinnon, representative for the developer, testified in favor of the
subject applications.
- Mr. Tim Hepper testified about lighting and signage concerns in the proposed C-G
zone. He also had concerns about sewer service.
• At the March 4, 2004 hearing, most of the Commission discussion focused on access to
Kuna-Meridian Road, landscaping on Victory and Kuna Meridian Road, and existing code
violations with Ada County. The availability of sewer and water service to this site as well as
emergency services were also discussed. The Commission evaluated and commented on the
proposed and existing uses as well the proposed amenities. The Commission continued the
subject applications to give the applicant time to "clean-up" the outstanding violations in the
County and to work out access to the state highway with ITD.
• At the April 15, 2004 hearing, the Commission reviewed the progress the applicant had made
since the previous hearing. Staff and the applicant's representative at the hearing provided
testimony and updates. Due to the shortcomings of the proposed landscaping, the size of the
proposed amenities, lack of site improvements, the continued wde violations in Ada County,
and a lack of action from ITD regarding access to the state highway, the Planning & Zoning
Commission recommended denial of the subject applications (see attached recommendations
for a complete list of reasons for the denial recommendation).
NOTE: At the April 15, 2004 meeting, the Commission approved a motion to deny PFP-03-
007. According to Meridian City Code 12_3-3.J 4, the Commission should have
recommended denial of the preliminary/final plat to the Council, not denied the plat
outright. In accordance with Meridian City Code, staff has prepared recommendations to
the Ciiy Council from the Planning & Zoning Commission for AZ-03-038, CUP-03-071,
and PFP-03-007.
BEFORE THE PLANNING AND ZONING COMMISSION
IN THE MATTER OF THE )
REQUEST FOR PRELIMINARY )
AND FINAL PLAT APPROVAL OF )
FOUR (4) COMMERCIAL LOTS ON )
21.38 ACRES IN A PROPOSED C-G )
ZONE FOR MUSSELL CORNER )
SUBDIVISION )
Case No. PFP-03=007
RECOMMENDATION TO CITY
COUNCIL
PINNACLE ENGINEERS, INC.,
Applicant
1. The property is approximately 21.38 acres in size and is located on the northeast
corner of Kuna-Meridian Road (SH 69) and Victory Road, in Section 19,
Township 3 North, Range 1 East.
2. Tim & Carol Mussell are the current property owners of record. Tim Mussell has
provided notarized consent for Pinnacle Engineers, Inc., to submit the subject
application.
The Applicant is Pinnacle Engineers, Inc.
4. The subject property is currently zoned C2 in Ada County. There is, however, an
application for annexation and zoning to C-G (General Retail and Service
Commercial) before the City Council. The zoning district of C-G is defined
within the City of Meridian Zoning and Development Ordinance, Section 11-7-2.
5. The subject property is within the Area of Impact of the City of Meridian.
6. The entire parcel is included within the Meridian Urban Service Planning Area as
defined in the Meridian Comprehensive Plan.
The Applicant proposes to develop the subject property in the following manner:
Four lot commercial subdivision that includes a combination feed store and
gas/convenience station.
8. There are no significant or scenic features of major importance that affect the
consideration of this application.
9. The Planning & Zoning Commission recognized the concerns of Tim Hepper and
Anna Powell, who verbally testified at the public hearing. The Planning & Zoning
Commission recognized the concerns of Cloyd & Bonnie Nelson, 3015 S.
Meridian Road, addressed in a letter dated February 23, 2004; and in letters from
RECOMMENDATION TO CITY COUNCIL FOR DENIAL OF A PRELIMINARY/FINAL PLAT ON
21.38 ACRES IN A PROPOSED C-G ZONE FOR MUSSELL CORNER SUBDIVISION, BY
PINNACLE ENGINEERS, INC. -PFP-03-007 -Page 1
Ada County Development Services, 200 W. Front Street, dated February 4, 2004,
and Apri17, 2004. The Planning & Zoning Commission also recognized the letter
from Jill Holinka, an attorney for the City of Meridian, dated Apri18, 2004,
stating that she has no financial or other interest in the subject application, but that
she is related to the applicants and therefore will not be involved with this
application.
RECOMMENDATION
The Meridian Planning and Zoning Commission hereby recommends to the City
Council of the City of Meridian that they deny the applicant's request for Preliminary and
Final Plat approval for the property described in the application, based on the following:
• the site currently lies outside the five-minute response zone goal of the
Meridian Fire Department;
• there are not any developments in the area that have developed in a fashion
similar to the proposed rezone area (commercial);
• the proposed amenities are not appropriate to the size and uses of the proposed
development;
• the proposed gas station/convenience store use may. involve activities,
processes, materials, equipment and/or 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 (sidewalk, 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 ITD or Action item 2 in Chapter VII, Goal N,
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;
• existing violations of Ada County Code, Title 8 on this property, and;
• without annexation, the City does not have jurisdiction to approve a
development plan for this site (see AZ-03-038).
RECOMMENDATION TO CITY COUNCIL FOR DENIAL OF A PRELIMINARY/FINAL PLAT ON
21.38 ACRES IN A PROPOSED C-G ZONE FOR MUSSELL CORNER SUBDIVISION, BY
PINNACLE ENGINEERS, INC. - PFP-03-007 -Page 2