HomeMy WebLinkAboutMussell Corner Subdivision CUPRECEIVED
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STAFF SUMMARY
OF
City Of Meridian
City Clerk Office
PLANNING AND ZONING COMMISSION
RECOMMENDATION TO CITY COUNCIL
Project Name:
Case No(s).:
Applicant:
Mussell Corner Subdivision
AZ-03-038, PFP-03-007, 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 Public Hearings:
• At the March 4, 2004 hearing, testimony was provided by the following people:
- .Staff testified, recommending denial of the proposed applications.
- Mr. David McKinnon, 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 Mazch 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 acid 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 code 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 Apri115, 2004 meeting, the Commission approved a motion to deny PFP-03-
007. According to Meridian City Code 12-3-3.J.4, the Commission should have
recommended denial of the preliminary/final plat to the Council, not denied the plat
outright. In accordance with Meridian City Code, staff has prepared recommendations to
the City 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 CONDITIONAL
USE PERMIT FOR A PLANNED
DEVELOPMENT ON 21.38 ACRES
IN A PROPOSED C-G ZONE FOR
MUSSELL CORNER SUBDIVISION
Case No. CUP-03-071
RECOMMENDATION TO CITY
COUNCIL
PINNACLE ENGINEERS, INC.,
Applicant
The property is approximately 21.38 acres in size and is located on the northeast corner
of &una-Meridian Road (SH 69) and Victory Road, in Section 19, Township 3 North,
Range 1 East.
2. Tim & Carol Mussell are the property owners of record. Tim. Mussell has provided
notarized consent for Pinnacle Engineers, Inc., to submit the subject application.
3. The Applicant is Pinnacle Engineers, Inc.
4. The subject property is currently zoned C2 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 Applicant requests the Conditional Use Permit for a Planned Development in an C-G
zone. The C-G zoning designation within the City of Meridian Zoning and Development
Ordinance requires a Conditional Use Permit be obtained for most uses including those
requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section
11-8-1).
6. The Meridian Planning & Zoning Commission recognizes that the proposed applicafion
is in general compliance with the Meridian Comprehensive Plan Future Land Use Map.
However, the Planning & Zoning Commission found that the proposed application did
not comply with certain goals, objectives and action items outlined in the Meridian
Comprehensive Plan.
7. The uses proposed which is the subject of this will, in fact, constitute a conditional use as
determined by City policy.
8. The Planning & Zoning Commission recognized the concerns of Tim Hepper and Anna
Powell, who verbally testified at the public hearing. The Planning & Zoning Commission
RECOMMENDATION TO CITY COUNCIL FOR DENIAL OF A CONDITIONAL USE PERMIT FOR A
PLANNED DEVELOPMENT ON 21.38 ACRES IN A PROPOSED C-G ZONE FOR MUSSELL CORNER
SUBDIVISION, BY PINNACLE ENGINEERS, INC. -CUP-03-071 Page 1
recognized the concerns of Cloyd & Bonnie Nelson, 3015 S. Meridian Road, addressed in
a letter dated February 23, 2004; and in letters from Ada County Development Services,
200 W. Front Street, dated February 4, 2004, and 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 fmancial 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 Conditional Use Permit
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 proposal to operate a gas station/convenience/feed store may be disturbing to the
neighborhood;
• 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 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;
• 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 CONDITIONAL USE PERMIT FOR A
PLANNED DEVELOPMENT ON 21.38 ACRES IN A PROPOSED C-G ZONE FOR HUBBELL CORNER
SUBDIVISION, BY PINNACLE ENGINEERS, INC. -CUP-03-071 Page 2