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HomeMy WebLinkAboutMussell Corner Subdivision CUP-03-071 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT TO ALLOW CONSTRUCTION OF A COMBINATION FEED STORE AND GAS STATION/CONVENIENCE STORE ON 1 OF THE PROPOSED LOTS AND TO ALLOW EXISTING COMMERCIAL AND RESIDENTIAL USES TO REMAIN FOR THE PROPERTY IN A PROPOSED CoG ZONE FOR MUSSELL CORNER SUBDIVISION, LOCATED ON THE NORTHEAST CORNER OF KUNA-MERIDIAN ROAD (SH 69) AND VICTORY ROAD, WITHIN SECTION 19, TOWNSHIP 3 NORTH, RANGE 1 EAST, MERIDIAN, IDAHO PINNACLE ENGINEERS, INC., APPLICANT C/C 05/11/04 C/C OS/25/04 C/C 06/08/04 C/C 07/06/04 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-O3-071 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on May 11, 10004, and continued until May 25, 2004, June 8, 2004, and July 6, 2004, at the hour of 7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Brad FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 1 OF 30 Hawkins-Clark and Steve Siddoway for the Planning and Zoning Department, Dave McKinnon, Jose Veneziano, and Steven H. Laney, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for May 11, 2004, and continued until May 25, 2004, June 8, 2004 and July 6, 2004 before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries ofthe property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the May 11, 2004, and continued until May 25, 2004, June 8, 2004 and July 6, 2004 public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 2 OF 30 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in a C-2 (Ada County) zone and by reason of the provisions of the Meridian City Code § 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located on the northeast corner of Kuna-Meridian Road (SH 69) and Victory Road, within Section 19, Township 3 North, Range 1 East, Meridian, Idaho. 5. The owners of record of the subject property are Tim and Carol Mussell and Tim Mussell has provided notarized consent for Pinnacle Engineers, Inc. to submit the subject application. 6. Applicant is Pinnacle Engineers, Inc. 7. The subject property is currently zoned C-2 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 ofC-G is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for a Planned Development in a CoG zone for Mussell Corner Subdivision. The CoG zoning designation is 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 3 OF 30 Zoning and Development Ordinance, Section 11-8-1). 9. The proposed application is in compliance with the Meridian Comprehensive Plan, which designates the subject property as Commercial. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. There are no significant or scenic features of major importance that affect the consideration of this application. 12. The City Council recognizes the concerns of Cloyd and Bonnie Nelson in their letter dated February 23, 2004, and in letters ftom Ada County Development Services dated February 4,2004 and April 7, 2004. All are hereby entered into public record and are on file in the Meridian City Clerk's office, 33 East Idaho, Meridian, Idaho. 13. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 14. Giving due consideration to the comment received ftom the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction ofthe FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 4 OF 30 4. City of Meridian, subject to the following: A. Adopt the Recommendations of the Planning and Zoning Department as follows: 1. All conditions ofthe 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 1,200 linear 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 lTD. If access is not approved to SH 69 by ITD, then access shall be taken ftom 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 (SH 69) is prohibited, unless otherwise approved by ITD and the City of Meridian. 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. . 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 ftom 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE50F30 6. 7. B. 1. 2. a. b. c. d. e. f. 3. 4. 5. 6. 7. Prior to issuance of a Certificate of Zoning Compliance (ClC) permit, provide asphalt parking and drive aisles as shown on the site plan prepared by Cole & Poe Architects, Sheet AO.l, dated June 29,2004. All entrance and internal roads shall have a turning radius of28' 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 internal landscaping as required by the City Council. Adopt the Recommendations of the Meridian Fire Department as follows: Acceptance of the water supply for fire protection will be by the Meridian Water Department. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. Fire Hydrants shall have the 4 y," outlet face the main street or parking lot aisle. The Fire hydrant shall not face a street which does not have addresses on it. Fire hydrant markers shall be provided per Public Works spec. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. Fire Hydrants shall be placed on corners. Fire hydrants shall not have any vertical obstructions to outlets within 10'. All entrance and internal roads shall have a turning radius of28' inside and 48' outside. (Radii modification required near the northwest corner of the existing house and on the easternmost driveway ftom Victory Road). Insure that all yet undeveloped parcels are maintained free of combustible vegetation. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 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). Fire lanes and streets shall have a vertical clearance of 13' 6". This includes mature landscaping. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE60F30 C. D. E. 8. Commercial and office occupancies will require a fire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of300' 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 ftom 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 andMCC II-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 ftom 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. Adopt the Recommendations of Sanitary Service Co. as follows: 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. Adopt the Ada County Highway District (ACHD) report date stamped: RECEIVED FEB 18 2004 CITY OF MERIDIAN CITY CLERK OFFICE, and the Applicant shall be required to comply with all Site Specific Conditions of Approval, Standard Conditions of Approval, and any all other requirements of ACHD. Adopt the Recommendations of the Central District Health Department as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 7 OF 30 1. The Central District Health Department requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that storm water be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State ofIdaho Catalog Of Stormwater Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. F. Adopt the Recommendations of the Idaho Transportation Department as follows: 1. SH 69 has been designated a Principal Arterial. ITD wants ACHD and the City of Meridian to help ITD preserve this corridor by recognizing the following conditions. Future right of way widths will be, A: 120 feet each side of centerline (240 feet total) for building setbacks and to include a frontage road, or B: 70 feet each side of centerline (140 feet total) if the developer provides an internal ftontage road type system to feeder roads. 2. Access to a Principal Arterial Type IV will be intersections only, and spaced at one mile intervals in rural areas and one-half mile intervals in urban areas. Approaches (other than intersections) may be permitted in special cases and on a temporary basis as follows: 1) Allowed until state highway system is improved by a construction project at which time an access will be provided to the property, which may not directly access the state highway system, but may be via a ftontage orbackage road. Shall be recorded at the County Recorders Office. Temporary access restrictions will be noted on the permit. 2) 3) 3. Noise abatement will be the responsibility of the developer and will be FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 8 OF 30 G. constructed off of the State Right of Way, follow the Notice Abatement Measures that were attached to the ITD's letter dated January 29,2004. 4. ITD would like to express that a variance to their policy for access will not be considered unless the property has no other means of access except the highway. This property ftonts Victory Road and has access to Victory Road. 5. If a lot split has occurred since the approval ofITD's Access Control Policy then a cross access agreement shall be required as direct access to the highway will not be allowed. 6. An access exists at the Northwest corner of this property. Further review of this access will determine whether or not this access was previously approved as well as the use of the access. This addition may exceed the access requirements for the initial development therefore, ITD will require a Traffic Impact Study and Safety Analysis. With receipt and review of the study and analysis, ITD will conclude whether or not the access will require modification to accommodate the new traffic conditions. 7. An application for a permit must be submitted to the Department for consideration of any new accesses or changes of use to any existing accesses to the highway. Applicant shall contact Matt Ward at 8150 Chinden Blvd, in Boise or call (208) 334-8341 for an application. Along with other conditions required for the proposed permit, ITD will need a Traffic Impact Study and Safety Analysis for the development. Adopt the Nampa & Meridian Irrigation District as follows: 1. The District requires a Land Use Change Application be filed for review prior to final platting. 2. All laterals and waste ways must be protected. The District's Kennedy Lateral courses along the east and northern boundary of the proposed project. All laterals and waste ways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. The Applicant shall contact Donna Moore at 466-7861 for further information. 3. The developer must comply with Idaho Code 31-3805. H. Adopt the action of the City Council taken at their July 6, 2004 meeting as follows: For Clarification: 1. Business hours for uses on this property shall presently have no restriction on hours of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 9 OF 30 operation. However, if in the future the "no restriction" on hours becomes a problem or hindrance to the surrounding area, then the City shall have the opportunity to re-evaluate the hours of operation, and at that time possibly place hours of restriction upon the businesses. Additionally, hours of fuel delivery, any potential for remgerated truck operation, and other noise generated at the site shall comply with the Meridian City Code Noise Ordinance. (Per action of the City Council taken at their July 6,2004 meeting.) 2. The Applicant shall be allowed to provide the pond amenity within an easement, rather than a common lot. The easement shall be maintained by the Property Owners' Association. 3. The Applicant shall be allowed to use as a temporary access onto SH/69 which is located at the far northern portion of the proposed project (Rumple Lane), until such area re- develops. 4. The Applicant shall submit a revised Landscape Plan to reflect the northern boundary of Victory Road, and provide a legal description pertaining to the pond area. 5. It is noted that ACHD will allow landscaping in their right-of-way but that they may restrict the placement of trees, and a License Agreement shall be entered into between the Applicant and ACHD. 15. A CUPIPD application is required because there are multiple buildings on a single parcel, because the existing residential use is prohibited in the proposed CoG 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 CoG 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. LandscapinglRequired Yards (Setbacks)/Right-of-Way: The submitted preliminary plat/site plan shows 48-feet of right-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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 10 OF 30 right-of-way. There is concern that when the adjacent roadways are constructed to their ultimate widths, especially the signalization of the intersection of SH 69Nictory Road, there will be a minimal amount oflandscaping left adjacent to the proposed gas station if approved as proposed. 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 ftom 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. There is support of the pond amenity. 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, it is not believed that the proposed amenity meets the intent ofMCC for planned developments. The second proposed amenity is a meandering sidewalk adjacent to Kuna- Meridian Road. It is believed that the proposed sidewalk amenity is appropriate to the size and uses of the proposed development. There is support 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. 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. There is support of the proposed parking plan. It is found that the site is large enough to accommodate the proposed uses and all yards, open spaces, parking, landscaping and other features required by ordinance and/or by modifYing the requirements through the Planned Development process. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 11 OF30 16. 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. It is found that the requested C-G zoning generally conforms to this stated purpose and intent of the Commercial designation. It is found that the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan are applicable to this application: . Chapter VII, Goal IV, Objective D, Action item 2 . Chapter VII, Goal IV, Objective D, Action item 4 . Chapter IV, Goal I, Objective A, Action item 6 . Chapter VII, Goal I, Objective B, Action item 5 . Chapter VII, Goal 1, Objective B . Chapter V, Goal III, Objective D, Action item 5 . Chapter VI, Figure VI-5 . Chapter VI, Goal II, Objective A, Action item 3 17. It is found that the proposed CoG 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. 18. It is found that the gas station/convenience/feed store uses may involve activities, processes, materials, equipment or conditions that will produce traffic, noise, fumes and/or odors. It is not believed that the amount oftraffic, noise, fumes and/or odors will be detrimental to the public. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 30 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 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 Applicant should clarify during the public hearing the hours of operation, hours of fuel delivery, any potential for remgerated truck operation, and anticipated decibel levels generated at the site. 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 ftom Victory Road, while ITD has jurisdiction over access to Kuna-Meridian Road (SH 69). ACHD has approved two access points to Victory Road. Review of the ACHD report for this project will provide additional information. 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 ftom 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. It is found that if the approaches to the site are constructed as proposed, they will cause interference with the traffic FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF 30 flow on SH 69. 19. It is found 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 ftontage road adjacent to/through this property (see letter ftom 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 (not in ACHD's Five-Year Work Program). At full build out, it is believed 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 offtontage 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. 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 ftom 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 fteeway, all buildings within this development must be sprinklered. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 14 OF 30 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-I.C. It is found that the property proposed for annexation can be serviced by essential public facilities and services. 20. It is found 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 ftontageroad adjacent 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 (not in ACHD's Five-Year Work Program). At full build out, it is believed 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 ftontage 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. 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 ftom the Observation Point Subdivision. A temporary sanitary sewer lift station would need to be installed near the northwest comerofthe 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 15 OF 30 representatives of key service providers to this property. The Meridian Fire Department has concems 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 fteeway, all buildings within this development must be sprinklered. 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. It is found that the property proposed for annexation can be serviced by essential public facilities and services. The developer will be financing the extension of sewer, water, local/internal street inftastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future site will be fire and police services. It is found 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. It is found that the gas station/convenience/feed store uses may involve activities, processes, materials, equipment or conditions that will produce traffic, noise, fumes and/or odors. It is not believed that the amount of traffic, noise, fumes and/or odors will be detrimental to the public. 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 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 Applicant should clarifY during the public hearing the hours of operation, hours of fuel delivery, any FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 16 OF 30 potential for remgerated truck operation, and anticipated decibel levels generated at the site. 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 ftom Victory Road, while ITD has jurisdiction over access to Kuna-Meridian Road (SH 69). ACHD has approved two access points to Victory Road. Review of the ACHD report for this project will provide additional information. 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 ftom 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 ftom the proposed access points will be attempting to merge with, or cross, traffic that is going extremely fast. It is found that if the approaches to the site are constructed as proposed, they will cause interference with the traffic flow on SH 69. 21. 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). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 17 OF 30 ACHD has evaluated access to this site ftom Victory Road, while ITD has jurisdiction over access to Kuna-Meridian Road (SH 69). ACHD has approved two access points to Victory Road. Review of the ACHD report for this project will additional information. 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 ftom 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. It is found that if the approaches to the site are constructed as proposed, they will cause interference with the traffic flow on SH 69. 22. 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. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 18 OF 30 Chapter 65, Title 67, Idaho Code (Lc. §67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms ofthe ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code § 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; 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; 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 ofthe general vicinity and that such use will not adversely change the essential character of the same area; d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 19 OF 30 services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; 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 the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and 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. 5. Prior to granting a conditional use permit in the General Retail and Service Commercial District (C-G), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') ofthe external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code § 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation ofthe Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion ofthe public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 20 OF 30 approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code § 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. B. D. E. 8. Minimize adverse impact on other development; Control the sequence and timing of development; C. Control the duration of development; Assure that the development is maintained property; Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 21 OF 30 DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for a Planned Development in a CoG zone for Mussell Corner Subdivision located on the northeast comer of Kuna-Meridian Road (SH 69) and Victory Road, within Section 19, Township 3 North, Range 1 East, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: A. Adopt the Recommendations of the Planning and Zoning Department as follows: 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 1,200 linear 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 ftom Victory Road only. Depending on the final decision by ITD, place a note on the face of the final plat stating that either: I) 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 (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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 22 OF 30 6. . Provide a 35-footwide 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. . 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 ftom 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. 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 AO.I, dated June 29, 2004. All entrance and internal roads shall have a turning radius of28' inside and 48' outside per the Fire Department (radii modification required near the northwest comer of the existing house and on the easternmost driveway ftom 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 corner of the proposed feed store). 7. Prior to issuance of a Certificate of Zoning Compliance (CZC) permit, submit a revised site plan depicting street buffer widths and internal landscaping as required by the City Council. B. Adopt the Recommendations of the Meridian Fire Department as follows: 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 y," 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 23 OF 30 4. 5. 6. 7. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 3. All entrance and internal roads shall have a turning radius of28' inside and 48' outside. (Radii modification required near the northwest corner of the existing house and on the easternmost driveway ftom Victory Road). Insure that all yet undeveloped parcels are maintained tree of combustible vegetation. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. All driveways shall have a clear driving surface, available at all times, which is 20' wide. (Width modification required near the southeast corner of the proposed feed store). Fire lanes and streets shall have a vertical clearance of 13 '6". This includes mature landscaping. 8. Commercial and office occupancies will require a fire-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 ftom 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 ofthis 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 andMCC ll-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 ftom 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 24 OF 30 F. 13. C. 1. D. E. All buildings must be sprinklered. Adopt the Recommendations of Sanitary Service Co. as follows: 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. Adopt the Ada County Highway District (ACHD) report date stamped: RECEIVED FEB 18 2004 CITY OF MERIDIAN CITY CLERK OFFICE, and the Applicant shall be required to comply with all Site Specific Conditions of Approval, Standard Conditions of Approval, and any all other requirements of ACHD. Adopt the Recommendations of the Central District Health Department as follows: 1. The Central District Health Department requires after written approval ftom the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog Of Stormwater Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. Adopt the Recommendations of the Idaho Transportation Department as follows: 1. SH 69 has been designated a Principal Arterial. ITD wants ACHD and the City of Meridian to help ITD preserve this corridor by recognizing the following conditions. Future right of way widths will be, A: 120 feet each side of centerline FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 25 OF 30 (240 feet total) for building setbacks and to include a ftontage road, or B: 70 feet each side of centerline (140 feet total) if the developer provides an internal ftontage road type system to feeder roads. 2. Access to a Principal Arterial Type IV will be intersections only, and spaced at one mile intervals in rural areas and one-half mile intervals in urban areas. Approaches (other than intersections) may be permitted in special cases and on a temporary basis as follows: 1) Allowed until state highway system is improved by a construction project at which time an access will be provided to the property, which may not directly access the state highway system, but may be via a frontage or backage road. Shall be recorded at the County Recorders Office. Temporary access restrictions will be noted on the permit. 2) 3) 3. Noise abatement will be the responsibility of the developer and will be constructed off of the State Right of Way, follow the Notice Abatement Measures that were attached to the ITD's letter dated January 29,2004. 4. ITD would like to express that a variance to their policy for access will not be considered unless the property has no other means of access except the highway. This property ftonts Victory Road and has access to Victory Road. 5. Ifa lot split has occurred since the approval of IT D's Access Control Policy then a cross access agreement shall be required as direct access to the highway will not be allowed. 6. An access exists at the Northwest comer of this property. Further review of this access will determine whether or not this access was previously approved as well as the use of the access. This addition may exceed the access requirements for the initial development therefore, ITD will require a Traffic Impact Study and Safety Analysis. With receipt and review of the study and analysis, ITD will conclude whether or not the access will require modification to accommodate the new traffic conditions. 7. An application for a permit must be submitted to the Department for consideration of any new accesses or changes of use to any existing accesses to the highway. Applicant shall contact Matt Ward at 8150 Chinden Blvd, in Boise or call (208) 334-8341 for an application. Along with other conditions required for the proposed permit, ITD will need a Traffic Impact Study and Safety Analysis for the development. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 26 OF 30 G. H. Adopt the Nampa & Meridian Irrigation District as follows: I. The District requires a Land Use Change Application be filed for review prior to final platting. 2. All laterals and waste ways must be protected. The District's Kennedy Lateral courses along the east and northern boundary of the proposed project. All laterals and waste ways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. The Applicant shall contact Donna Moore at 466-7861 for further information. 3. The developer must comply with Idaho Code 31-3805. Adopt the action of the City Council taken at their July 6,2004 meeting as follows: For Clarification: 1. Business hours for uses on this property shall presently have no restriction on hours of operation. However, if in the future the "no restriction" on hours becomes a problem or hindrance to the surrounding area, then the City shall have the opportunity to re-evaluate the hours of operation, and at that time possibly place hours of restriction upon the businesses. Additionally, hours of fuel delivery, any potential for remgerated truck operation, and other noise generated at the site shall comply with the Meridian City Code Noise Ordinance. (Per action of the City Council taken at their July 6, 2004 meeting.) 2. The Applicant shall be allowed to provide the pond amenity within an easement, rather than a common lot. The easement shall be maintained by the Property Owners' Association. 3. The Applicant shall be allowed to use as a temporary access onto SH/69 which is located at the far northern portion of the proposed project (Rumple Lane), until such area re-develops. 4. The Applicant shall submit a revised Landscape Plan to reflect the northern boundary of Victory Road, and provide a legal description pertaining to the pond area. 5. It is noted that ACHD will allow landscaping in their right-of-way but that they may restrict the placement of trees, and a License Agreement shall be entered into between the Applicant and ACHD. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 27 OF 30 § 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shaH meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shaH be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfY the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 28 OF 30 multiple phases, such phases shall be constructed within successive intervals of one year ftom the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17- 4.B.) NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body ofthe City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the dO*"' day of ,Tilll) ROLL CALL: ,2004. COUNCILMAN SHAUN WARDLE VOTED~ VOTED~ VOTED~ COUNCILMAN BILL NARY COUNCILMAN CHARLIE ROUNTREE FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 29 OF 30 COUNCILMAN KEITH BIRD VOTED~ VOTED- MAYOR TAMMY de WEERD (TIE BREAKER) DATED:--L't IllJ éW I ;:;)DrA MOTION: APPROVED:-L- DISAPPROVED: ~~ a or ydeWeerd Attest: BY:~ J:\.AO 'fY\..J City Clerk's Office Dated: '1-- LLD-O4- Z:\WorklM\MeridianlMeridian 15360MMusse1l Comer Sub AZ-O3-O38 PFP-O3-O07 CUP-O3-071IFICIsCUPO3-071.dÅ“ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 30 OF 30 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT TO ALLOW CONSTRUCTION OF A COMBINATION FEED STORE AND GAS STATION/CONVENIENCE STORE ON 1 OF THE PROPOSED LOTS AND TO ALLOW EXISTING COMMERCIAL AND RESIDENTIAL USES TO REMAIN FOR THE PROPERTY IN A PROPOSED CoG ZONE FOR MUSSELL CORNER SUBDIVISION, LOCATED ON THE NORTHEAST CORNER OF KUNA-MERIDIAN ROAD (SH 69) AND VICTORY ROAD, WITHIN SECTION 19, TOWNSHIP 3 NORTH, RANGE 1 EAST, MERIDIAN, IDAHO PINNACLE ENGINEERS, INC., APPLICANT C/C 05/11/04 C/C OS/25/04 C/C 06/08/04 C/C 07/06/04 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-O3-071 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on May 11, 2004, and continued until May 25,2004, June 8, 2004, and July 6,2004, under the provisions of Meridian City Code § 11- 17-4 for final action on conditional use permit application and the Council having received and ORDER CONDITIONAL USE PERMIT (CUP-03-071) PAGE 1 OF 10 approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for a Planned Development in a CoG zone for Mussell Comer Subdivision located on the northeast corner of Kuna-Meridian Road (SH 69) and Victory Road, within Section 19, Township 3 North, Range 1 East, Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Recommendations of the Planning and Zoning Department as follows: 1. All conditions ofthe 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 1,200 linear 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 ftom 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 (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. . Provide landscape planters with trees, and vegetative groundcover within the proposed parking areas on Lots 2 and 3. ORDER CONDITIONAL USE PERMIT (CUP-03-O71) PAGE 2 OF 10 5. 6. 7. 8. 1. 2. a. b. c. d. e. f. 3. 4. 5. . 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. 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. 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 AO.l, 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 comer of the existing house and on the easternmost driveway ftom 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 corner of the proposed feed store). Prior to issuance ofa Certificate of Zoning Compliance (CZC) permit, submit a revised site plan depicting street buffer widths and internal landscaping as required by the City Council. Adopt the Recommendations of the Meridian Fire Department as follows: Acceptance of the water supply for fire protection will be by the Meridian Water Department. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle. The Fire hydrant shall not face a street which does not have addresses on it. Fire hydrant markers shall be provided per Public Works spec. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. Fire Hydrants shall be placed on corners. Fire hydrants shall not have any vertical obstructions to outlets within 10'. All entrance and internal roads shall have a turning radius of28' inside and 48' outside. (Radii modification required near the northwest corner of the existing house and on the easternmost driveway ftom Victory Road). Insure that all yet undeveloped parcels are maintained tree of combustible vegetation. Operational fire hydrants and temporary or permanent street signs are required before ORDER CONDffiONAL USE PERMIT (CUP-O3-071) PAGE 3 OF 10 6. 7. 13. C. 1. combustible construction begins. All driveways shall have a clear driving surface, available at all times, which is 20' wide. (Width modification required near the southeast corner of the proposed feed store). Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 8. Commercial and office occupancies will require a fire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average 0[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 ftom 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 ll-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. All buildings must be sprinklered. Adopt the Recommendations of Sanitary Service Co. as follows: 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. ORDER CONDITIONAL USE PERMIT (CUP-03-071) PAGE 4 OF 10 Adopt the Ada County Highway District (ACHD) report date stamped: RECEIVED FEB 182004 CITY OF MERIDIAN CITY CLERK OFFICE, and the Applicant shall be required to comply with all Site Specific Conditions of Approval, Standard Conditions of Approval, and any all other requirements of ACHD. D. E. Adopt the Recommendations of the Central District Health Department as follows: 1. The Central District Health Department requires after written approval ftom the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State ofIdaho Catalog Of Stormwater Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Enviroumental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. F. Adopt the Recommendations of the Idaho Transportation Department as follows: 1. 2. SH 69 has been designated a Principal Arterial. ITD wants ACHD and the City of Meridian to help ITD preserve this corridor by recognizing the following conditions. Future right of way widths will be, A: 120 feet each side of centerline (240 feet total) for building setbacks and to include a ftontage road, or B: 70 feet each side of centerline (140 feet total) if the developer provides an internal ftontage road type system to feeder roads. Access to a Principal Arterial Type IV will be intersections only, and spaced at one mile intervals in rural areas and one-half mile intervals in urban areas. Approaches (other than intersections) maybe permitted in special cases and on a temporary basis as follows: 1) Allowed until state highway system is improved by a construction project at which time an access will be provided to the property, ORDER CONDITIONAL USE PERMIT (CUP-03-071) PAGE 5 OF 10 G. 2) 3) which may not directly access the state highway system, but may be via a ftontage or backage road. Shall be recorded at the County Recorders Office. Temporary access restrictions will be noted on the permit. 3. Noise abatement will be the responsibility of the developer and will be constructed off of the State Right of Way, follow the Notice Abatement Measures that were attached to the ITD's letter dated January 29,2004. 4. ITD would like to express that a variance to their policy for access will not be considered unless the property has no other means of access except the highway. This property fronts Victory Road and has access to Victory Road. 5. If a lot split has occurred since the approval ofITD's Access Control Policy then a cross access agreement shall be required as direct access to the highway will not be allowed. 6. An access exists at the Northwest corner of this property. Further review of this access will determine whether or not this access was previously approved as well as the use of the access. This addition may exceed the access requirements for the initial development therefore, ITD will require a Traffic Impact Study and Safety Analysis. With receipt and review of the study and analysis, ITD will conclude whether or not the access will require modification to accommodate the new traffic conditions. 7. An application for a permit must be submitted to the Department for consideration of any new accesses or changes of use to any existing accesses to the highway. Applicant shall contact Matt Ward at 8150 Chinden Blvd, in Boise or call (208) 334-8341 for an application. Along with other conditions required for the proposed permit, ITD will need a Traffic Impact Study and Safety Analysis for the development. Adopt the Nampa & Meridian Irrigation District as follows: 1. The District requires a Land Use Change Application be filed for review prior to final platting. 2. All laterals and waste ways must be protected. The District's Kennedy Lateral courses along the east and northern boundary of the proposed project. All laterals and waste ways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. The Applicant shall contact Donna Moore at 466-7861 for further information. ORDER CONDITIONAL USE PERMIT (CUP-03-071) PAGE 6 OF 10 3. The developer must comply with Idaho Code 31-3805. H. Adopt the action of the City Council taken at their July 6,2004 meeting as follows: For Clarification: 1. Business hours for uses on this property shall presently have no restriction on hours of operation. However, if in the future the "no restriction" on hours becomes a problem or hindrance to the surrounding area, then the City shall have the opportunity to re-evaluate the hours of operation, and at that time possibly place hours of restriction upon the businesses. Additionally, hours of fuel delivery, any potential for remgerated truck operation, and othernoise generated at the site shall comply with the Meridian City Code Noise Ordinance. (Per action of the City Council taken at their July 6,2004 meeting.) 2. The Applicant shall be allowed to provide the pond amenity within an easement, rather than a common lot. The easement shall be maintained by the Property Owners' Association. 3. The Applicant shall be allowed to use as a temporary access onto SH/69 which is located at the far northern portion of the proposed project (Rumple Lane), until such area re- develops. 4. The Applicant shall submit a revised Landscape Plan to reflect the northern boundary of Victory Road, and provide a legal description pertaining to the pond area. 5. It is noted that ACHD will allow landscaping in their right-of-way but that they may restrict the placement of trees, and a License Agreement shall be entered into between the Applicant and ACHD. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to this permit. ORDER CONDITIONAL USE PERMIT (CUP-03-071) PAGE70FlO NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year ftom the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17- 4.B.) ORDER CONDITIONAL USE PERMIT (CUP-03-071) PAGE 8 OF 10 NOTICE OF FINAL ACTION AND RIGHT TO REGULA TORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the ~O th day of =-t~\,~ ,2004. Attest: PAGE 9 OF 10 Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. BY:~ J\" liNl City Clerk's Office Dated: "1-2.ltI.of Z:\Work\M\MeridianlMeridian 1 5360MMussell Comer Sub AZ.()J-O38 PFP-O3'()O7 CUP.()3-071IOrdeICUP.doc ORDER CONDmONAL USE PERMIT (CUP-03-071) PAGE 10 OF 10 MAYOR Tammy deWeerd i LEGAL DEPARTMENT (208)466-9272 . Fax 466-4405 PUBLIC WORKS BUILDING DEPARTMENT (208) 898-5500. Fax 887-1297 CITY COUNCIL MEMBERS William LM. Nary Keith Bild Shaun Waldie Charles M. Rountree PLANNING AND ZONING DEPARTMENT (208) 884-5533 . FAX 888-6854 STAFF REPORT: Transmittal Date: July 2, 2004 City Council Hearing Date: July 6, 2004 To: Mayor and City Council RECEIVED JUL 1 5 2004 From: Craig Hood, Associate City Planner (IN Joho Boyd, Engineering Tech II ?u=. City Of Meridian City.CJerk Office Subject: Mussell Corner Subdivision (REVISED) . Annexation/Rezone (AZ) Approval of 23.52 Acres (including right-of-way) from C2 (Ada County) to CoG (General Retail and Service Commercial), by Pinnacle Engineers, Inc. (File No. AZ-03-038) . Preliminary/Final Plat (PFP) Approval of Four (4) Buildable Lots on 21.38 Acres in a Proposed CoG 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 CoG Zone, by Pinnacle Engineers, Inc. (File No. CUP-03-07l) APPLICATIONS SUMMARY This is a revised staff reDort for the Mussell Corner annexation. Dreliminarv/final Dlat. and conditional use Dennit. The orieinal recommendation for the subject aDDHcations was denial. Based on the revised site (DreDared by Cole & Poe Architects. Sheet AO.l. dated June 29. 2004) and landscaDe Dlans (DreDared by Pinnacle Eneineers. Sheets LS-l and LS-2. dated June 11. 2004) Droyided by the ADDHcant. and the Drevious discussions at the DubHc hearinl!S. staff has uDdated the reDort. Staff is recommendine aDDroval of the subject annexation and zonine (AZ-03-038). Dreliminarv/fmal Dlat (PFP-O3-007) and conditional use Dennit (CUP-O3.071). Staff has Drovided a detailed analysis for the requested annexation and zonine. Dreliminarv/fmal Dlat. and conditional use Dennit aDpHcations below. The Applicant, Pinnacle Engineers, Inc., has applied for Annexation/Zoning (AZ), Preliminary/Final Plat (PFP) and Conditional Use Permit/Planned Development (CUP/PD) EXHffiIT "A" 1 OF 21 Mayor & City Council Page 2 approval of four (4) buildable lots on 21.38 acres within the proposed COG 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/fmal 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/conv~n!ence 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 a single-family residence/landscape office. The Applicant is requesting detailed CUPIPD 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 CoG zone, and because some of the existing buildings do not conform to the setbacks for the CoG zone. The PD application requests that the existing single-family home be approved in the CoG 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 developslredevelops. 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 Department (ITD), and Victory Road is under the jurisdiction of the Ada County Highway District (ACHD). See the Annexation & Zoning and CUPIPD sections of this report, and the correspondences ftom ACHD 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 inftactions 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 EXHffiIT "A" 2 OF 21 Mayor & City Council Page 3 ou.tdoor 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 ftom 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 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 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 EXHIBIT "A" 3 OF 21 Mayor & City Council Page 4 the reauested CoG zoning generallv conforms to this stated ¡¡urpose and intent of the Commercial desÜmation. 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 proposed access points to Kuna-Meridian Road (sH 69) do not meet the location reQuirements of lTD. The Applicant is proposing cross-access between the lots using the proposed and jùture drivewayslparking lots. (See more discussion about access in the Conditional UselPD 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) Stafffinds 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 UselPD 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 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. 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 EXHmIT "A" 4 OF 21 Mayor & City Council Page 5 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 I, 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 Vl-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 posted speed limit on Kuna-Meridian Road is 55 MPH, staff does not believe that a bikeway/lane should be required. . "Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" ftom 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 EXHffiIT "A" 5 OF 21 Mayor & City Council Page 6 frontage of SH 69 and Victory Road. The ACHD is requiring the Applicant to construct one-half of a 46'¡00t street section (23-feet of pavement to centerline) on Victory Road. This street section allows for a 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 residentiaI area turning into commercial area by means of conditional use permits; Nurseries are a permitted use in the proposed CoG zone. Service stations are also a permitted use in the proposed CoG zone. Convenience stores require conditional use permit approval in the CoG zone. Residential uses are prohibited in the CoG 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 CoG zone, it has been determined that conditional use permit approval would be required (MCC 11- 6-4). The purpose of the CoG 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, are not principally permitted uses in the C- G zone. 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 a use-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 EXHffiIT "A" 6 OF 21 Mayor & City Council Page 7 E. F. G. 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 CoG at this time. 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 CoG zone/new uses. and anv future uses. if designed. constructed and operated in accordance with adopted citv ordinances. should be harmonious and appropriate in appearance with the intended character of the vicinitv. 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. 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 CoG 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. 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 ftontage road adjacent to/through this property (see letter ftom 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 (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 ACHD staff report for further details). This site has over 1,000 feet of ftontage 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. EXIImIT "A" 70F 21 Mayor & City Council Page 8 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 ftom 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 I,4OO-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 fteeway, all buildings within this development must be sprinklered (all of the detailed conditions ftom the Fire Department and other agencies/departments 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 inftastructure, 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, fumes and/or odors. Staff does not believe that the amount of traffic. noise. fumes and/or odors will be detrimental to the public. 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 EXHffiIT "A" 8 OF 21 Mayor & City Council Page 9 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 Applicant should clarify during the public hearing the hours of operation. hours of fuel delivery. anv potential for remgerated truck operation. and anticipated decibel levels generated at the site. J. Will the area have vehicular approaches to the property which shan 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 IV, 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 ftom 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 ftom 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 CUPIPD 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 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 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 EXHIBIT "A" 9 OF 21 Mayor & City Council Page 10 comprehensive plan (Commercial). Staff finds that annexation and zoning of this propertv would be in the best interest ofthe Citv. 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 ftom their domestic service, per City Ordinance Section 5-7-517, when services are available ftom 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 future 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 findings in sections "G" and "H" of the Annexation and Zoning portion of this report. EXHffiIT "A" 10 OF 21 Mayor & City Council Page 11 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 inftastructure, utilities and irrigation, for the development at their cost. D. The public fmancial capability of supporting services for the proposed development; Please see the fmdings 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 fmdings 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 "special 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 PermitlPD 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 ftom 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 EXHffiIT "A" 11 OF 21 9. 11. Mayor & City Council Page 12 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. 7. 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. 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 vear-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. Sanitary sewer and water service to this site shall be via main line extensions ftom existing mains. The applicant has proposed (per the staff memo prepared 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 ftom finish grade to the top of pipe. 12. Any drainage areas (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 1O0-year 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. EXHmIT "A" 12 OF 21 19. 20. 21. 22. 23. 24. 25. Mayor & City Council Page 13 13. Maintenance of all common areas shall be the responsibility of the Mussell Comer 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 ftom 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 ftom their domestic service per MCC 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. Developer shall coordinate mailbox locations with the Meridian Post Office. All sidewalks shall be constructed in accordance with MCC 12-5-2.K. Prior to signature of the final plates), all sidewalks shall be constructed or a financial guarantee that said improvements will be completed shall be provided All lot, parcel and tract sizes shall meet the minimum dimensional standards as established in the zoning ordinance. 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. 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). 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. 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. EXHffiIT "A" 13 OF 21 Mayor & City Council Page 14 26. 27. 28. 29. Prior to signature of the final plat by the City Engineer, correct the errors on the plat (P.U.D.I, right-of-way, notes, easements, legal description, spelling, etc.). 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. Plat approval shall be subject to the expiration provisions set forth in MCC. Staff's 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 USEIPD PERMIT FINDINGS 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; A CUPIPD application is required because there are multiple buildings on a single parcel, because the existing residential use is prohibited in the proposed CoG 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 CoG 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. LandscapinglRequired Yards (Setbacks)/Right-of-Way: The submitted preliminary plat/site plan shows 48-feet of right-of-way ftom 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 adiacent roadwavs are constructed to their ultimate widths. especially the signalization of the intersection of SH 69Nictorv Road. there will be a minimal amount of landscaping left adiacent to the proposed gas station if approved as proposed. See Special Considerations below for further analysis. 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 ftom 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 EXHmIT "A" 14 OF 21 D. E. Mayor & City Council Page 15 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. Staffis supportive of the proposed parking plan. Staff finds that the site is large enough to accommodate the proposed uses and all vards. open spaces. parking. landscaping and other features reQuired bv ordinance and/or bv modifying the reQuirements through the Planned Development process. See Special 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 ofthis Ordinance; Please see the fmdings 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 fmdings in section "E" of the Annexation and Zoning portion of this report. 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. 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; Staffis Please see the findings in section "G" of the Annexation and Zoning portion of this report. EXHIBIT "A" 15 OF 21 G. H. I. Mayor & City Council Page 16 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. 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. 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 ofthis report. 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/PD) Landscaoinl!: 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 are based on the landscape plan prepared by Pinnacle Engineers, Inc., date 6-11-04, designed by A Y. 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). EXHIBIT "A" 16 OF 21 Mayor & City Council Page 17 Victory Road: East of the westernmost driveway to Victory, the landscape plan shows a 20-foot wide landscape buffer (measured ftom 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 Aoolicant a modification of the requirement to construct the street buffer entirelv outside of the right-of-way for the landscaping east of the westernmost drivewav (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 ftom ACHD the Applicant should be required to construct a 20-foot wide landscape buffer bevond the existing right-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 drivewav (Lot 3), the Applicant construct the required 20-foot wide landscape buffer on Victorv Road entirelv outside of the existing right-of-wav (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 ftom the west property line adjacent to SH 69 for the entire length of the site with one tree for every 35-lineal feet of ftontage. 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 12-13-11-2). 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 amenities 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. EXHffiIT "A" 17 OF 21 Mayor & City Council Page 18 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 CUPIPD 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 propertv line) as well as a new full-access drivewav 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 ftontage road to SH 69. The Applicant has not depicted the conceptual continuation of the ftontage/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 ftom 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 Qilly. Further, staff believes that this northern access should be restricted to rililit-in/ricllt-out movements onlv. This recommendation will allow the access to the highway at the furthest possible location ftom 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 CUPIPD 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 8th, 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. anv potential for remgerated truck operation. and anticipated decibel levels generated at the site. Further. staff recommends that the EXHIDIT "A" 18 OF 21 Mayor & City Council Page 19 Citv Council specifv acceptable hours for the proposed gas station/convenience/feed store in anv motion for approval of the proposed CUPIPD. Setbacks: The existing home/office on Lot 4, Block 1, is approximately 3-feet ftom 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 CoG 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). Parkin!!: 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 irrigation 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 UseIPD application. 2. As amenities for the PD, construct a 5-foot wide detached sidewalk adjacent to SH 69 (approximately 1,200 linear 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 lTD. If access is not approved to SH 69 by ITD, then access shall be taken ftom 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 (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. EXlImIT "A" 19 OF 21 Mayor & City Council Page 20 5. 6. 7. . 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 ftom 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. 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. 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 AO.I, 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 comer of the existing house and on the easternmost driveway ftom 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 internal landscaping as required by the City Council. OTHER AGENCYIDEPARTMENT COMMENTS/CONDITIONS MERIDIAN FIRE DEPARTMENT CONDITIONS (AZ-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. a. b. c. d. e. f. 3. 4. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. Fire Hydrants shall have the 4 y," outlet face the main street or parking lot aisle. The Fire hydrant shall not face a street which does not have addresses on it. Fire hydrant markers shall be provided per Public Works spec. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. Fire Hydrants shall be placed on comers. Fire hydrants shall not have any vertical obstructions to outlets within 10'. All entrance and internal roads shall have a turning radius of28' inside and 48' outside. (Radii modification required near the northwest corner of the existing house and on the easternmost driveway ftom Victory Road). Insure that all yet undeveloped parcels are maintained free of combustible vegetation. EXIImIT "A" 20 OF 21 9. 13. Mayor & City Council Page 21 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 ofthe 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 a fire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. 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 ftom 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 flTefighting 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 ftom 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. All buildings must be sprinklered. SANITARY SERVICE CO. CONDITIONS (PFP-03-007. CUP-03-071) 1. Design the enclosure(s) per the standard recommendations of SSC for access, gates, floor/pad, container stops/bumpers, and dimensions. Coordioate 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. EXHIBIT "A" 21 OF 21 ,~-"".