HomeMy WebLinkAboutStaff Comments - REVISEDMAYOR
Tammy deWeerd
CITY COUNCB. MEMBERS
William L.M. Nary
Keith Bad
Shaun Wardle
Charles M. Rountree
1
CITY OF
Cri~i~-n
II 1DAH0
LEGAL DEPARTMENT
(208)466-9272 •Fax 466-4405
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 898-SSOD ~ Fax 887-1297
PLANNING AND ZONING
DEPARTMENT
(208) 8845533 • FAX 8886854
STAFF REPORT: Transmittal Date: July 2, 2004
City Council Hearing Date: July 6, 2004
To: Mayor and City Council ~~ ~~ ~V~j
From: Craig Hood, Associate City Planner ~~ f~ l,_, ~ f' LOD4
John Boyd, Engineering Tech II ~~ CIT`r` C3F MERIDIAN
Subject: Hassell Corner Subdivision (REVISED) CITY CLERK OFFICE
• Annexation/Rezone (AZ) Approval of 23.52 Acres (including right-of--way)
from C2 (Ada County) to C-G (General Retail and Service Commercial), by
Pinnacle Engineers, Inc. (File No..4Z-03-038)
Preliminary/Final Plat (PEP) Approval of Four (4) Buildable Lots on 21.38
Acres in a Proposed C-G Zone, by Pinnacle Engineers, Inc. (File No. ~'FP-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 Commeroial 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
This is a revised staff report for the Mussell Corner annexation areliminarv/final plat and
June 29 20041 and landscaue Mans (ureoared by Pinnacle Engineers. Sheets LS-I and LS-
subiect annexation and zoning fAZ-03-0381. oreliminarv/final ulat fPFP-03-0071 and
a~ulications below.
The Applicant, Pinnacle Engineers, Inc, has applied for Annexation/Zoning (AZ),
Preliminary/Final Plat (PEP) and Conditional Use FermitfPlanned 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 Kuna-Meridian Road (SH 69).
AZ-03-038, PFP-03m'/, CUP•03-071 Mnseea COm¢RZ.PFP.CUP.doc
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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 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 (Lot 3) is 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, a
sprinkler/irrigation business, and asingle-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 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 are
multiple buildings/uses on a single parcel, because the existing residential use is prohibited in
the proposed C-G zone, and because some of the existing buildings do not conform to the
setbacks for the 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.
Because the Applicant has not submitted elevations for Lots 1, 2 & 4, detailed conditional use
permit approval will be required for each lot when it develops/redevelops.
The Applicant is not requesting any deviations from the standard dimensional standards (e.g. -
setback, frontage, height, etc.) for the new uses. The Applicant is proposing to utilize the
existing pond on the proposed Lot 4 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 the proposed amenities.
The Applicant is proposing two access points onto Kuna-Meridian Road (SH 69), a principal
arterial roadway, and two access points onto Victory Road, a collector roadway. The Applicant is
proposing a common ingress/egress easement, shared by all four (4) buildable lots in the
subdivision for access to both Kuna-Meridian Road and Victory Road. Kuna-Meridian Road is
under the jurisdiction of the Idaho Transportation Deparhnent (ITD), and Victory Road is under
the jurisdiction of the Ada County Highway District (ACRD). See the Annexation & Zoning and
CUP/PD sections of this report, and the correspondences from ACRD and ITD for detailed
analysis of the proposed access points.
Ada County Development Services has submitted three letter to the City outlining the history of
the various code infractions on this site. The most recent letter, dated July 1, 2004, states that if
the City approves the annexation and subdivision of this property, then the illegal split will be
cleaned-up. The other outstanding county violation noted involves the lack of screening for the
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outdoor storage areas associated with the sprinkler business. The County will defer pursuing
compliance of these issues if they have an opportunity to review and comment on the
Development Agreement (DA) and the Facts, Findings, and Conclusions of Law for the subject
applications. NOTE: P & Z staff will forward these documents to Ada County for review as they
become available from the Legal Department.
LOCATION
The subject site is located on the northeast comer of Kuna-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 parcel, 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)
OWNER OF RECORD
As of the applications submittal date, 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 appears to meet 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 Applic¢ble 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 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" 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
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the requested C-G zoning generally conforms to this stated numose and intent of the
Commercial designation.
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 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 finds that
the two protosed access ooints to Kuna-Meridian Road (SH 691 do not meet the
location requirements o ITD. The Applicant is proposing cross-access between the
lots using the proposed and future driveways/parking lots. (See more discussion
about access in the Conditional Use/PD section below.)
"Require appropriate landscape and buffers along transportation corridors (setback,
vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action item
4)
Stafffnds that the revised landscape plan, reflecting a 35 foot wide landscape buffer
along the entire frontage of SH 69 meets the above-listed Comprehensive Plan Action
item. (See more discussion about landscaping 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 IV, Goal I, Objective A, Action 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 five-minute response zone
goad. 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 defaned as capital outlay for facilities that are
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 final approval of the first
phase of this development that the response time goals of the Fire Department will be
achieved.
The subject site can be serviced by the City of Meridian's sanitary sewer and water
systems. The Applicant will have to extend water mains E. Victory Road from the
Observation Point Subdivision. A temporary sanitary sewer lift station would need to
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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 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, 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 Plan. The proposed development could complement existing and
future residential uses in the area.
• "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)
Originally, the Applicant requested a waiver of the requirement to install landscaping
adjacent to the existing commercial uses that are to remain on-site. The Applicant has
submitted a revised landscape plan that depicts landscaping along the entire frontage
of SH 69 and Victory Road. (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 on page 57 of the Comprehensive Plan designates a bikeway on both
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-
Meridian Road. Because the pasted speed limit on Kuna-Meridian Road is 55 MPH,
staff does not believe that abikeway/lane should be required.
• "Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended
Approach" from 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 establish bikeway and walkway facilities
in new construction and reconstruction projects, in a manner that is safe, accessible
and convenient. The Applicant is proposing to construct sidewalk for the entire
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frontage of SH 69 and Victory Road. The ACHD is requiring the Applicant to
construct one-half of a 46 foot street section (23 feet of pavement to centerline) on
Victory Road. This street section allows fora 6 foot wide bike lane. Staff is supportive
of the proposed sidewalks and the required bike lane, as they will accommodate
pedestrians and bicycles both.
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 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.
Irrigation/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 space, and has functions similar to a contractor yard. 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 exisfing home, and the existing
irrigation/sprinkler business that is to remain, are 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). However, the Applicant is requesting that the home be approved with the PD/CUP
as ause-exception (MCC 12-6-3).
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 Point 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 yet 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 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
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district's prioritization list and is anticipated to be a signalized intersection in the near
future. The 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
harmonious 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 finds 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 commercial 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;
Appropriate buffers should be required on the north and east boundaries of this
development when Lots 1 and 4 redevelop, as the abutting uses (single-family) will be
less-intense than uses allowed in the C-G zone (see MCC 12-13-12-4). The 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 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 is not constructed to its ultimate section and will need to be widened again in the
future. ITD needs additional right-of--way and/or a frontage road adjacent to/through this
property (see letter from ITD). Irnprovements 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 (not in ACHD's Five-Year Work Program). At full
build out, staff believes that this site will add a significant 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. ACHD is requiring the Applicant to install roadway
improvements (pavement widening, sidewalk, bike lane, curb, gutter, etc.) on Victory
Road. The ACHD is recommending, with site-specific and standards conditions, approval
of the subject development.
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The subject site can be serviced by the 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.
On January 23, 2004, a joint agency/department comments meeting was held with
representatives of key service providers to this property. The Meridian Fire Deparhnent
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/deparhnents are at the end of this report).
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 can be serviced by 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;
The developer will be financing the extension of sewer; water, local/internal 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, if the
Applicant complies with the conditions of approval for the annexation zoning,
conditional use/PD permit and preliminary plat applications.
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 will produce traffic, noise, fiunes
and/or odors. Staff does not believe that the amount of traffic. noise, fumes and/or odors
will be detrimental to the roublic. MCC 11-12-2 and 11-12-3 are intended to mitigate
impacts of special uses such as fire hazards, bulk storage, noises. Conditions associated
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with a CUP and/or Development Agreement could establish use parameters that would
prevent detrimental effects. In order to establish some Guidelines to mitieate the
detrimental aspects of the proposed use, the existing uses, and all future uses on-site, the
Applicant should clarify during the public hearinG the hours of operation, hours of fuel
delivery, any potential for refriGerated truck operation, and anticipated decibel levels
Generated at the 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 surrounding public streets;
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 N,
Objective D, Action item 2).
ACHD 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
IV 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. (See detailed
analysis of access to SH 69 in the CUP/PD Special Considerations section below.)
K Will not result in the destruction, loss or damage of a natural or scenic feature of
major importance; and
Staff is not aware pf 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 essential services are available or will be provided by the developer to the
subject property and will not require unreasonable expenditure of public funds. The
applicant is proposinG to develop the land in substantial compliance with the City's
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comprehensive plan (CommerciaA. Staff finds that annexation and zoning of this
pronertv would be in the best interest of the City.
ANNEXATION AND ZONING CONDITIONS/COMMENTS
1. The legal description submitted with the application (dated 12-29-03, stamped by Kevin N.
Sorensen) shows the property as contiguous to the existing corporate boundary of the City of
Meridian.
2. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered
into between the City of Meridian and the property owner(s). The DA shall require that:
• All future uses on proposed lots or parcels within the annexation area shall be approved
through the Conditional Use Permit process.
• Business hours for uses on this property shall be limited to the hours approved by the
Meridian City Council.
3. Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service, per City Ordinance Section 5-7-517, when services are
available from the City of Meridian. Wells may be used for non-domestic purposes such as
landscape irrigation.
4. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing
or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13.
Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users
association (ditch owners), with written approval or non-approval submitted to the Public
Works Department. If lateral users association approval can't be obtained, plans will be
reviewed and approved by the Meridian City Engineer prior to final plat signature.
5. Any fixture subdivision, uses and construction on this property shall comply with the City of
Meridian ordinances in effect at the time.
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 findings 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 fmdings in sections "G" and "H" of the Annexation and Zoning portion of
this report.
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C. The continuity of the proposed development with the capital improvement program;
Staff finds 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 imgation, for the development at their cost.
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 "I" and "J" of the Annexation and Zoning portion
of this report. Staff finds the Commission 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.
SPECIAL CONSIDERATIONS (PRELIMINARY/FINAL PLAT)
Because most of the "sp ecial considerations" apply to both the Plat and the CUP/PD staff has
combined the analysis of the issues together. Please see Special Considerations in the CUP/PD
section below.
PRELIMINARY/FINAL PLAT CONDITIONS
1. All conditions of the accompanying. Annexation/Rezone application and Conditional Use
Permit/PD application shall also be considered conditions of the Preliminary/Final Plat.
2. Place a note on the face of the final plat that requires all future uses on the lots within
this subdivision to obtain Conditional Use Permit approval.
3. Construct a maximum of one access to SH 69, if access is approved by ITD. If access is
not approved to SH 69 by ITD, then access shall be taken from Victory Road only.
Depending on the final decision by ITD, place a note on the face of the final plat stating
that either: 1) Other than the single access point approved by ITD, direct lot access to
Kuna-Meridian Road (SH 69) is prohibited, OR 2) Access to Kuna-Meridian Road is
prohibited, unless otherwise approved by ITD and the City of Meridian.
4. Other than the access points that have specifically been approved with this application by
ACHD, direct lot access to Victory Road is prohibited. Notes of the access restrictions
shall be noted on the final plat.
5. Provide the City with a copy of a recorded cross access agreement for the lots in this
development to use the driveways to Victory Road and SH 69 (if applicable) as access to
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the public street system.
6. Construct 5-foot wide detached sidewalks adjacent to Victory Road and SH 69 in
locations approved by ACHD and ITD respectively.
To ensure that the pond will be retained and protected as an amenity for the lots within
the subdivision, place the pond area, currently shown within Lot 4, Block 1, in a common
lot.
8. Prior to signature of the final plat by the City Engineer, enter into a license agreement
with ACHD for the proposed landscaping (shrubs, grass, etc.) in the right-of--way of
Victory Road. If a license agreement is not obtained from ACHD, provide a 20-foot wide
landscape buffer beyond the existing right-of--way for Victory Road.
9. Revise the plat to accurately depict the existing right-of--way dedicated to ACHD for
Victory Road in 1999 (48-feet to centerline).
10. Underground yeaz-round pressurized irrigation must be provided to all lots within this
development. The City of Meridian requires that pressurized irrigation systems be
supplied by a year-round source of water. If the pressurized irrigation system within this
development is to remain a private association system, complete plans and specifications
shall be reviewed by the Public Works Department as part of the development plan
review process. A draft copy of the pressurized irrigation system O&M manual shall be
submitted prior to plan approval. The applicant shall be required to utilize any existing
surface or well water for the primary source. If a surface or well source is not available, a
single-point connection to the culinary water system shall be required. If a single-point
connection is utilized, the developer shall be responsible for the payment of assessments
for the common areas prior to signature on the final plat by the City Engineer.
11. Sanitary sewer and water service to this site shall be via main line extensions from
existing mains. The applicant has proposed (per the staff memo prepazed for the hearing
on 4-15-04) to extend a gravity sewer line in SH 69 from the Elk Run Subdivision. Water
mains would have to be extended in E. Victory Road from the Observation Point
Subdivision. The applicant shall be required to extend sewer and water mains to and
through the proposed development, thereby making them available to the adjacent
properties. The Applicant shall coordinate main sizing and routing with the Public Works
Department. Cover over the sanitary sewer shall be no less that three-feet from finish
grade to the top of pipe.
12. Any drainage azeas (detention/retention basins) must be designed to ensure that water
will percolate or discharge within a period of time not to exceed 24 hours for all storms
up to and including a 100-yeaz storm event. Side slopes within drainage areas shall not
exceed 3:1. The project engineer should pay close attention to the results of field studies
determining the groundwater, soil type & and characteristics during the design and
construction phases.
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13. Maintenance of all common areas shall be the responsibility of the Mussell Corner
Business Owners Association.
14. Submit a copy of the Ada County Street Name Committee's approval letter for the
subdivision name, and the lot and block numbering. Make any corrections necessary to
conform.
15. Coordinate fire hydrant placement with the City of Meridian Public Works Department.
16. Streetlights will be required at locations designated by the Public Works Department. All
streetlights shall be installed at the expense of the Applicant. Typical locations are at
street intersections and/or fire hydrants.
17. Any tree over 4" in caliper that is removed from the property shall be replaced by
installing additional trees, being the equivalent number of caliper inches of trees that
were removed. Required landscaping trees will not be considered as replacement trees for
those trees that have to be removed.
18. Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service per MCC 9-1-4 and 9-4-8. Wells may be used for
non-domestic purposes such as landscape irrigation.
19. Developer shall coordinate mailbox locations with the Meridian Post Office.
20. All sidewalks shall be constructed in accordance with MCC 12-5-2.K. Prior to signature
of the final plat(s), all sidewalks shall be constructed or a financial guarantee that said
improvements will be completed shall be provided
21. All lot, parcel and tract sizes shall meet the minimum dimensional standards as
established in the zoning ordinance.
22. A note shall be placed on the final plat stating that unless otherwise approved, all
building setbacks shall meet the requirements of the zoning ordinance in effect at the time
of building permit submittal.
23. Unless otherwise approved through the CUP/PD, minimum building setback lines shall
be in accordance with the zoning ordinance in effect at the time of issuance of building
permit(s).
24. Compaction test results must be submitted to the Meridian Building Department for all
building pads receiving engineered backfill, where footing would sit atop fill material.
25. A letter of credit or cash surety in the amount of 110% will be required for all
landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature of the
final plat.
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26. Prior to signature of the fmal plat by the City Engineer, correct the errors on the plat
(P.U.D.I, right-of--way, notes, easements, legal description, spelling, etc.).
27. Applicant shall be required to pay Public Works development plan review, and
construction inspection fees, as determined during the plan review process, prior to
signature on the final plat per Resolution 02-374.
28. Plat approval shall be subject to the expiration provisions set forth in MCC.
29. Staffs failure to cite specific ordinance provisions or terms of the approved preliminary
plat, conditional use permit or development agreement does not relieve Applicant of
responsibility for compliance.
CONDITIONAL 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;
A CUP/PD application is required because there are multiple buildings on a single parcel,
because the existing residential use is prohibited in the proposed C-G zone, and because
the existing buildings to remain to not meet setbacks for the proposed 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 is also requesting that the required
landscaping adjacent to Victory Road be allowed within the right-of--way.
Landscaping/Required Yazds (Setbacks)/Right-of--Way: The submitted preliminary
plat/site plan shows 48-feet ofright-of--way from centerline on Victory Road. The
submitted site plan does show a 35-foot wide landscape buffer adjacent to Kuna-Meridian
Road, and a 20-foot wide landscape buffer adjacent to Victory Road (see MCC 12-13-10-
4). However, the Applicant is proposing a majority of the landscaping adjacent to Victory
Road be constructed within the right-of--way. Staff is concerned that when the adjacent
roadwavs are constructed to their ultimate widths especially the sienalization of the
intersection of SH 69lVict~ Road, there will be a minimal amount of landscaroin¢ left
adiacent to the proposed eas station if anroroved as nroroosed. See Special Considerations
below for further analysis.
Amenities: MCC 12-6-2.A3 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. The first amenity proposed is a pond. Staff is
supportive of the pond amenity. However, the Applicant is not proposing to set aside
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the pond in a common lot. If the pond is not accessible to all of the lots, staff does not
believe that the proposed amenity meets the intent of MCC for planned developments.
The second proposed amenity is a meandering sidewalk adjacent to Kuna-Meridian
Road. Staff believes that the proposed sidewalk amenity is appropriate to the size and
uses of the proposed development. Staff is supportive of the proposed amenities as long
as the pond is preserved in a common lot for all of the lots in the subdivision to utilize
(See Preliminary/Final Plat Condition #7 and CUP/PD Condition #2).
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. The revised site
plan also proposes asphalt parking and drive aisles for the existing landscape nursery and
sprinkler irrigation business. Staff is supportive of the proposed parking plan.
Staff finds that the site is large enou¢h to accommodate the proposed uses and all yards,
oven spaces, parking, landscaping and other features required by ordinance and/or by
modifying the requirements through the Planned Development process. See Specia]
Considerations below for further analysis.
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;
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.
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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 fmdings 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.
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 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. 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 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.
SPECIAL CONSIDERATIONS (CONDITIONAL USE/PDI
LandscaninE:
Street Buffers: Meridian City Code 12-13-10-4 requires a 20-foot landscape buffer adjacent
to Victory Road and a 35-foot wide landscape buffer adjacent to SH 69. MCC 12-13-10-2
requires all buffer to be located beyond any street right-of--way. MCC 12-13-10-6 requires
street buffers to contain trees, shrubs, lawn, or other vegetative groundcover, with a
minimum density of one tree per 35 linear feet. NOTE: The revised landscape plan depicts a
wider landscape buffer on Victory Road than does the revised site plan. The following
comments, regarding landscaping aze based on the landscape plan prepared by Pinnacle
Engineers, Inc, date 6-11-04, designed by AY. The site plan prepared by Cole & Poe
Architects should be revised to reflect any applicable changes noted below (e.g. -landscape
buffer width)(See Condition #7 below).
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Victory Road: East of the westernmost driveway to Victory, the landscape plan shows a
20-foot wide landscape buffer (measured from the back of the proposed
sidewalk)(exclusive of the existing home/office) adjacent to Victory Road. Fifteen of the
proposed 20-foot wide landscape buffer lies within the right-of--way. Staff recommends
that the Council grant the Applicant a modification of the reauirement to construct the
street buffer entirely outside of the ri t-of-wav for the landscaping east of the
westernmost driveway (Lot 4). As a condition of this modification, staff recommends that
the Applicant be required to enter into a license agreement with ACHD for landscaping
(shrubs, grass, etc.) in the right-of--wav. If a license agreement is not obtained from
ACHD the Applicant should be required to construct a 20-foot wide landscape buffer
beyond the existingright-of--wav (See Preliminary/Final Plat Condition #8).
Staff has concerns about the proposed landscaping west of the westernmost driveway on
Victory Road. As the Applicant has stated in his letter dated June 24, 2004, ACHD is
requiring a 46-foot street section for Victory Road and they will allow landscaping on the
back side of sidewalk. However, to accommodate the signalization of Victory Road/SH
69 in the near-future, the street section on Victory will most likely widen near SH 69 to
allow for turn lanes. Therefore, staff recommends that west of the westernmost driveway
(Lot 31, the Applicant construct the required 20-foot wide landscape buffer on Victory
Road entirely outside of the existing ri t-of-way (See Condition #4 below). This
requirement will cause the Applicant to lose the southwestern most proposed parking
stall. This requirement may also cause the Applicant to shift the gas station and feed store
to the north.
SH 69 (Kuna-Meridian Road): The revised landscape plan depicts a 35-foot wide
landscape buffer from the west property line adjacent to SH 69 for the entire length of the
site with one tree for every 35-lineal feet of frontage. Staff is supportive of this width if
ITD does not require additional right-of--way for SH 69 with this application. If additional
right-of--way is required, then a 35-foot wide landscape buffer should be provided outside
of the required right-of--way (See Condition #4 below).
Internal Landscaping: Meridian City 12-13-11 requires parking lots to be landscaped. The
revised landscape plan does not propose any landscaping within the proposed vehicle use
areas. A revised landscape plan should include: a 5-foot wide landscape strip along all
interior lot lines that are adjacent to paved vehicular use areas (MCC 12-13-11-2I, and
landscape planters with trees, and vegetative groundcover (MCC 12-13-11-3)(See Condition
#4 below).
Amenities: MCC 12-6-2.A.3 requires two or more amenifies to be provided as part of each PD.
MCC 12-6 states 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.
Sidewalk: The first proposed amenity is a meandering sidewalk adjacent to Kuna-Meridian
Road. Staff believes that the proposed sidewalk amenity is appropriate to the size and uses of
the proposed development.
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Pond: There is an existing pond on the proposed Lot 4. The Applicant is proposing this
pond as an amenity for the PD. Staff is supportive of utilizing the pond as an amenity for
this development. However, the Applicant is not proposing to set aside the pond in a
common lot. If the pond is not accessible to all of the lots, staff does not believe that the
proposed amenity meets the intent of MCC for planned developments.
Staff is supportive of the proposed amenities as long as the pond is preserved in a common
lot for all of the lots in the subdivision to utilize (See Preliminary/Final Plat Condition #7 and
CUP/PD Condition #2).
Access to SH 69: At the hearing on June 8, 2004, the City Council discussed allowing the
Applicant a maximum of one driveway to SH 69. The revised site plan indicates the use of the
northernmost access to SH 69 (at the north property line) as well as a new full-access driveway
located approximately 400-feet north of Victory Road. The Applicant has shown drive aisles
adjacent to SH 69 with cross access for all of the lots to use all driveways within the subdivision.
This drive aisle, when extended north across Lot 1, will serve as a frontage road to SH 69. The
Applicant has not depicted the conceptual continuation of the frontage/back-age road across the
entire frontage of the subdivision with the subject applications.
The Applicant requests that they be allowed to use the northernmost access, in addition to the
new access located 400-feet north of Victory Road, until Lot 1 (current rock business)
redevelops.
Staff believes that it may be several years before Lot 1 redevelops, and staff is unaware of any
mechanism the City has that would enable us to enforce the "temporary" nature of the northern
access as proposed by the Applicant if Lot 1 does not develop for several years. Therefore, staff
continues to support ITD in its request for help from the City to limit access points to Type IV
roadways and recommends that no access be allowed to SH 69. However, if the City Council
decides to allow access to SH 69 (contingent upon ITD granting access) then staff recommends
that the Applicant be able to utilize the northernmost access only. Further, staff believes that this
northern access should be restricted to right-in/right-out movements only. This recommendation
will allow the access to the highway at the furthest possible location from a signalized
intersection, while preventing vehicles from turning across multiple lanes of traffic with a 55
MPH speed limit. See Preliminary/Final Plat Condition #3 and CUP/PD Condition #3 below.
NOTE: The conditions as written do not restrict the driveway (singular) on SH 69 to right-
in/right-out nor do they specify location. This was done intentionally to allow the Council to
discuss and modify the conditions as they see fit. Staff was unable to decipher from the minutes
of June 8`h, what the consensus of the Council was regarding access to SH 69.
Hours of Operation: 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 potential detrimental aspects of the proposed
use the existing uses and all future uses on-site the Applicant should clarify during the public
hearing the hours of operation hours of fuel delivery any potential for refrigerated truck
operation and anticipated decibel levels venerated at the site. Further, staff recommends that the
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City Council specifv acceptable hours for the proposed sas station/convenience/feed store in any
motion for approval of the rororoosed CUP/PD.
Setbacks: The existing home/office on Lot 4, Block 1, is approximately 3-feet from the existing
south property line/right-of--way for Victory Road. Because this building currently exists, it
should be allowed to encroach into the required setback for the C-G zone. All future structures
within the proposed development shall conform to the applicable setbacks of the City of
Meridian (See Preliminary/Final Plat Condition #22 and CUP/PD Condition #5).
ParkinE: MCC 11-13 outlines the requirements for all off-street parking facilities (drive aisles,
stalls, striping, etc.).
New Uses: The Applicant is proposing to construct (pave, stripe, etc.) parking for the
gas/convenience/feed store in accordance with MCC (See Condition #6 below).
Existing Uses: The revised site plan also proposes asphalt parking and drive aisles for the
existing landscape nursery and sprinkler irrigation business. Staff is supportive of paving a
drive aisle and the parking area for the existing nursery and sprinkler imgation business as
proposed.
CONDITIONAL USE/PD CONDITIONS
1. All conditions of the accompanying Annexation/Rezone application and
Preliminary/Final Plat application shall also be considered conditions of the Conditional
Use/PD application.
2: As amenities for the PD, construct a 5-foot wide detached sidewalk adjacent to SH 69
(approximately 1,2001inear feet) and utilize the existing pond on the proposed Lot 4.
3. Construct a maximum of one access to SH 69, if access is approved by ITD. If access is
not approved to SH 69 by ITD, then access shall be taken from Victory Road only.
Depending on the final decision by ITD, place a note on the face of the final plat stating
that either: 1) Other than the single access point approved by ITD, direct lot access to
Kung-Meridian Road (SH 69) is prohibited, OR 2) Access to Kuna-Meridian Road (SH
69) is prohibited, unless otherwise approved by ITD and the City of Meridian.
4. The submitted landscape plan, prepared by Pinnacle Engineers, Inc., and dated 6-11-04 is
not approved as submitted. Prior to issuance of a Certificate of Zoning Compliance
(CZC) permit, the Applicant shall submit a revised landscape plan with the following
changes/additions/notes:
• Provide a 20-foot wide landscape buffer along Victory Road, west of the
westernmost driveway, located entirely outside of the existing right-of--way.
• Provide a 35-foot wide landscape buffer along SH 69 for the entire length of the
site (approximately 1,200 linear feet). Said landscape buffer shall be located
outside of any right-of--way required by ITD with this application.
• Conifer trees are not allowed within any required street buffer area.
• Provide a minimum 5-foot wide landscape strip along all interior lot lines that are
adjacent to paved vehicular use areas.
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Provide landscape planters with trees, and vegetative groundcover within the
proposed parking areas on Lots 2 and 3.
Any tree over 4" in caliper that is removed from the property shall be replaced by
installing additional trees, being the equivalent number of caliper inches of trees
that were removed. Required landscaping trees will not be considered as
replacement trees for those trees that are removed.
5. Except for the ,existing buildings on the proposed Lot 4, Block 1, and unless otherwise
approved with a future CUP, all building setbacks shall meet the requirements of the
zoning ordinance in effect at the time of building permit submittal.
6. Prior to issuance of a Certificate of Zoning Compliance (CZC) permit, provide asphalt
parking and drive aisles as shown on the site plan prepared by Cole & Poe Architects,
Sheet A0.1, dated June 29, 2004. All entrance and internal roads shall have a turning
radius of 28' inside and 48' outside per the Fire Department (radii modification required
near the northwest corner of the existing house and on the easternmost driveway from
Victory Road). The fire lanes shall have a clear driving surface, available at all times,
which is 20' wide (width modification required near the southeast comer of the proposed
feed store).
Prior to issuance of a Certificate of Zoning Compliance (CZC) permit, submit a revised
site plan depicting street buffer widths and intemal landscaping as required by the City
Council.
OTHER AGENCY/DEPARTMENT COMMENTS/CONDITIONS
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 %" 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 intemal roads shall have a taming radius of 28' inside and 48' outside.
(Radii modification required near the northwest comer of the existing house and on the
easternmost driveway from Victory Road).
4. Insure that all yet undeveloped parcels are maintained free of combustible vegetation.
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5. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins.
6. All driveways shall have a clear driving surface, available at all times, which is 20' wide.
(Width modification required near the southeast comer of the proposed feed store).
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 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 11-12-3.C,
and the National Safety Foundation publications.
13. All buildings must be sprinklered.
1. 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
Staff recommends approval of the submitted Annexation/Zoning (AZ-03-038) application,
Preliminary/Final Plat (PFP-03-007) application, and Conditional Use/PD (CUP-03-071)
application with the conditions listed herein.
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