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HomeMy WebLinkAboutMaverik Country Store CUP CUP 04-034 MERIDIAN PLANNING & ZONING MEETING APPLICANT Maverick Country Stores, Inc. September 16. 2004 ITEM NO. 9 REQUEST Public Hearing - Conditional Use Permit for a gas station and convenience store in a proposed C-C zone for Maverick Country store - 1495 South Locust Grove Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY SEWER DEPT: CITY PARKS DEPT: No comment 1<LtDWtYVlMl ~., ~~l!MJ fa qC/ :¿.. -1) CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: See aHached comments See aHached comments IDAHO POWER: INTERMOUNTAIN GAS: OTHER: Contacted: ~I Emailed: Date:~ Staff Initials: Phone2!1- 7q(?{~ 1// (tI'v Materials presented at public meetings shall become properly ollhe City 01 Meridian. r-'(lF"'!!' ~~~TTR~~ CENTRAL DISTRICT HEALTH DEPARTMENT ~HEALTH Environmental Health Division DEPARTMENT Rezone # Conditional Use # (1. u.jJ 01- O.3r Preliminary! Final! Short Plat /JfIJt/Ç-i! I~k Return to: 0 Boise 0 Eagle 0 Garden City ~eridian 0 Kuna OACZ 0 Star l!ott¡t.Jn;v ~,(¿'" REŒP lF~WJ . 1/¡/ or: !' 01. 02. 03. 04. 05. 06. 07. ;'.8. ~. AUU J I LUU' We have No Objections to this Proposal. We recommend Denial of this Proposal. City of Meridi:on City Clerk offace Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. We will require more data concerning soil conditions on this Proposal before we can comment. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: 0 high seasonal ground water 0 waste flow characteristics 0 or bedrock from original grade 0 other This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. This project shall be reviewed by the Idaho Departm~nt of Water Resources concerning well construction and water availability. After wr~~ approval from appropriate entities are submitted, we can approve this proposal for: ~central sewage 0 community sewage system 0 community water well 0 interim sewage ~entral water 0 individual sewage b individual water The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division pfjnvironmental Quality: ~entral sewage 0 community sewage system 0 community water 0 sewage dry lines )l(.central water ~o. Run-off is not to create a mosquito breeding problem. 0 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. 012. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ~3. We will require plans be submitted for a plan review for any: 0 food establishment 0 swimming pools or spas .0 child care center ...,¿. 0 beverage establishment 0 grocery store '¡íil (toN VIiNIJ5'#tf!£ S/o£é ~.~ Reviewed ByJYk V" ~4. Please see attached stormwater management recommendatations 015. ----------- CDHD'ffiOlk, Review Sheet ~ CENTRAL urBt6k!~ MAIN OFFICO . 707 N. ARMSTRONG PL . BOISE, 10 83704-0825 . (208) 375-5211 . FAA 327-8500 To pm'en! and Ireal dÜea." and disaMltry; ta promote healtfry lifestyles; and (0 I'mteet alld promote ,he "call" and quality or our ern'iroo,"'c"'. STORM WATER MANAGEMENT RECOMMENDATIONS It is recommended that stonn water be pre-treated prior to discharge to the subsurface to prevent impact to ground water and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for stonn water disposal and design a stonn water management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: State of Idaho Catalog of Stormwater Best Management Practices For Idaho Cities and Counties. Prepared by the Idaho Department of Environmental Quality, July 1997. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. Ser,.íill' hIller. Eimorc. Ad, i Boise (Dun', Office 707 N. /orms!"" PI ,oisc 1083704 - Ec,vice. ""II, 327-749\ 327-74". ,:ouniy Of!:ce 70' '" 144' hcCeli. ) 83632 I'h. "'--iiS- Imm"""tlcn. '.,nice IMn',ion 317-746[. 3iP48[ 3'7-8óOt RECEIVED SEP - 3 2004 City of Meridian City Clerk Office ~ & ~ 1~ 1)i4tIUa 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 31 August, 2004 phones: Area Code 208 OFFICE: Nompo 466-7861 SHOP: Nampa 466-0663 William G. Berg Jr. City Clerk City of Meridian 33 East Idaho Ave. -~.~~~2 - RE: CUPO4-034/Maverick Country Store/1495 So. Locust Grove Road Dear Will: If all stann drainage is retained on-site there will be no impact on Nampa & Meridian Irrigation District and no further review will be required. However, if any surface drainage leaves the site, the Nampa & Meridian Irrigation District requires a Land Use Change Application be filed for review prior to final platting. Please contact Donna Moore at 466-7861 for further information. All laterals and waste ways must be protected. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Thank you, ~ø'~ Bill Henson Asst. Water Superintendent Nampa & Meridian Irrigation District BH/dbg c: Water Superintendent File - Office/Shop APPROXIMATE IRRIGABlE ACRES RIVER FLOW RIGHTS - 23.000 BOISE PROJECT RIGHTS 40,000 RECEIVED SEP - 3 2004 c", .. ON".' ~c OP~ City Clerk Office ~&~~. . t-Z1' Ud 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 2 September 2004 Phones: Areo Code 208 OFFICE: Nompo 466-7861 SHOP: Nompo 466-0663 Wrinkleneck Partners, LLC 3084 E. Lanark Meridian, ID 83642 n RE: -Land-IJse.-Change-Applicati,qfi=MaverilLCounWt, ~tore~n ~~-- .---- -~- .- Please note the District now reQuires three (3) sets of plans To Whom It May Concern: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above-referenced development. If this development is under a "rush" to be finalized, I would recommend that you submit a cashier's check, money order or cash as payment of the fees in order to speed the process up. If you submit a company or personal check, it must clear the bank before processing the application. Should this development be planning a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District. I strongly urge you to coordinate with John P. Anderson, Water Superintendent for the Irrigation District, concerning the installation of the pressure system. Enclosed is a questionnaire that you must fill out and return in order to initiate the process of contractual agreements between the owner or developer and the Irrigation District for the ownership, operation and maintenance of the pressure urban irrigation system. If you have any questions concerning this matter, please feel free to call on me at the District's office, or John P. Anderson, at the District's shop. Sincerely, /Ý.MJ.-4- J. ìr¡ ~ Donna N. Moore, Ass!. SecretarylTreasurer NAMPA & MERIDIAN IRRIGATION DISTRICT DNMlsmc cc: File Water Superintendent Will Berg, City Clerk, Meridian City Maverik Country Stores, Inc. 880 W. Center Street, North Salt Lake, Utah 84054 enc. APPROXIMATE IRRIGABlf ACRES RIVER flOW RIGHTS. 23,000 BOISE PROJEO RIGHTS. 40,000 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird William L.M. Nary Shaun Wardle Cha~es M. Rountree ~P/' CITY OF \..../VLeriditrn " LEGAL DEPARTMENT (208) 466-9272 .Fax 466-4405 PUBLIC WORKS BUILDING DEPARTMENT (208) 898-5500 . Fax 898-9551 PLANNING AND ZONING DEPARTMENT (208) 884-5533 . FAX 888-6854 MEMORANDUM: Transmittal Date: September 13, 2004 Hearing Date: September 16, 2004 To: Mayor, City Council and Planning & Zoning Commission Brad Hawkins-Clark, Principal City Planner ~ Bruce FrecIdeton, Senior Engineering Tecbnician '~ Wriukleueck (AZ) and Maverik CoRum Store (CUP) From: Re: . Request for Annexation and Zoning of 1.82 acres ITom RUT (Ada County) to C-C Zone, by Wrinkleneck Partners, LLC (File No. AZ-O4-012). . Request for a Conditional Use Permit for a Gas Station and Convenience Store in a Proposed C-C Zone for Maverik Country Store, by Maverik Country Stores, Inc. (File No. CUP-O4-034). We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in jilll, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATIONS SUMMARY The applicants, Wrinkleneck Partners, LLC and Maverik Country Stores, Inc., have requested approval of the annexation and zoning of 1.82 acres (2.56 acre8 including right-of-way) fi-omRUT to .. C-C (Community Commercial) and a Conditional Use Permit (CUP) for a gas station/convenience store on approximately one (1) acre of the same parcel. The property is located at the northwest corner of S. Locust Grove Road and Overland Road. The Comprehensive Plan depicts the subject property as Mixed Use-Community (MU-C), in harmony with the requested zoning designation. The CUP application includes a 3,817 square foot convenience store, five (5) fuel dispensing islands, four (4) underground storage tanks and associated landscaped and parking areas. The reason this use is being processed as a CUP application is that all uses in the MU-C designation require a CUP before any construction permits can be issued (see 2002 Comprehensive Plan policy on page 98, Chapter VII). The 1.82 acres within the proposed annexation is owned by Wrinkleneck Partners, LLC, which is owned and managed by Ronald W. Van Auker, who also owns the parcels north and west of the subject property. It is staff's understanding that Van Auker, Inc. intends to submit a master plan on the remainder of their land holding at a later date. The 1.82 acre parcel was created via Record of AZ-O4-012. CUP-O4-034 Wrink1eneck-Maverik.AZ.CUP Planning & Zoning CommissionlMayor & City Council September 16, 2004 (Hearing Date) Page 2 Survey No. 6502, prepared by Pinnacle Engineers in May 2004, and approved through Ada Cowrty as a Parcel Boundary Adjustment. While the Maverik Country Store use encompasses only about half of the proposed annexed property, Wrinkleneck Partners is requesting their entire 1.82 acre parcel (deemed a legal parcel by Ada County Development Services Director) be annexed and zoned at this time. The remainder of the Van Auker land holding to the north is proposed to remain unincorporated. In 2003, Overland Road was fully improved as a five-lane arterial roadway with curb, gutter and sidewalk abutting the site. This project included improvements to Locust Grove Road approximately 200 feet north of the intersection. ACHD's 2005-2009 Five Year Work Program plans for the Locust Grove RoadlI-84 overpass to be constructed in 2006. This project would also complete the widening of Locust Grove Road north of the subject property with sidewalk, curb and gutter. The Locust Grove/Overland Road intersection is signalized and both roadways are posted as 35 MPH Staff recommends approval of both applications with the conditions noted in this report. LOCATION & SURROUNDING USES The subject property is located on the west side of N. Meridian Road, north of Broadway Ave. in downtown Meridian. The following uses surround the subject property: North - Existing residence with outbuildings (on Van Auker property), zoned RUT. El Paso Natural Gas Company owns the 4.6-acre parcel approximately 100 feet north of the subject parcel's north boundary. South - Sportsman Pointe Subdivision, zoned R-4 and a 1.5-acre parcel, zoned RUT, designated as Office in the Comprehensive Plan Future Land Use Map. East - RV Park, zoned CoG. West - Undeveloped parcels, zoned RUT, designated as Mixed Use-Community in the Comprehensive Plan Future Land Use Map. OWNER OF RECORD The owner of record is WrinkIeneckPartners, LLC, who has given consent for the applicant to submit the requested applications. STANDARDS FOR ZONING AMENDMENT The Commission and Council shall 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 (11-15-11): 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; Stafffinds that the requested Community Commercial (C-C) zoning designation is in accord with the Comprehensive Plan's Future Land Use Map, which delineates the subject property AZ-O4.() 12, CUP-O4-034 Wrinkleneck -MaverikAZ. CUP Planning & Zoning CommissionlMayor & City Council September 16, 2004 (Hearing Date) Page 3 as "Mixed Use-Community". Meridian City Code (MCC) 11-7-2.1. states the purpose of the C-C district is "to permit the establishment of general business uses that are of a larger scale than a neighborhood business. . . and to prohibit strip commercial development and encourage the clustering of commercial enterprises." The following Comprehensive Plan policies also support the annexation and proposed retaiVfuel service use: . "Permit new. . .commercial developments only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter IV, pg. 26, Goal I, Obj. A, #6) Sanitary sewer, municipal water, soüd waste and other sen'ices exist to this area of Meridian. . "Require all new parking lots to provide landscaping in internal islands." (Chapter V, pg. 43, Goal III, Obj. D, #3) The Site Plan submitted with the CUP application for this property shows internal planters, as required. . "Locate new community commercial areas on arterials. . .near residential areas in such a way as to complement with adjoining residential areas." (Chapter VII, pg. 43, Goal III, Obj. D, #3) The proposed commercial use is located at the intersection of two minor arterial roadways. A 25-foot wide street buffer is shown along the streets, designed in part to mitigate potential negative impacts upon the residential subdivision on the south side of Overland Road. . "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, pg. 107, Goal IV, Obj. D, #2) ACHD is requiring the applicant to locate the two curb cuts to the property at the future property boundaries so the cuts can be shared with adjacent development. In addition, the Overland Road curb cut is restricted to right-inlright-outlleft-in only. B. Is the area included in the zoning amendment intended to be re-zoned in the future; Staff finds that the proposed rezone and accompanying development plans comply with the requested zone and staff does not anticipate that the property will be rezoned in the future. The area designated as "Future Development" west of the Maverik site is anticipated to remain C-C zoning 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; Staff finds that the applicant has submitted detailed development plans for a Conditional Use Permit for the property. Staff further finds that the proposed convenience store use will only AZ-O4-012, CUp.()4-034 W rinkleneck - Maverik. AZ. CUP ,Planning & Zoning CommissionlMayor & City Council September 16, 2004 (Hearing Date) Page 4 be allowed with the approval of a Conditional Use Pennit in this mixed use area. D. Has there been a change in the area or adjacent areas which may dictate that the area shonld be rezoned; Staff finds that the immediate vicinity is a mix of undeveloped county parcels that are designated for a mix of uses in the future, existing urban density residential uses (Sportsman Pointe), and property annexed and zoned as commercial property, The southeast comer of Locust Grove and Overland (approx. 14 acres) was annexed and wned C-N (Neighborhood Commercial) in 2000 as part of the Resolution Subdivision planned development. Immediately south of that parcel is a church that was constructed in 2002. The widening of Overland Road to 5 lanes, the construction ofMt. View High School, the signalization of the intersection, and the Locust Grove/I-84 overpass construction in 2006 are all indicators of a need for commercial services south of the interstate, E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; Staff finds that the proposed development is designed in a manner that will be harmonious with and appropriate in appearance with the existing neighborhood. The proposed retail/fuel service use in harmony with the intended uses in the C-C district. The western edge of the proposed Maverik development (center of the Overland Road entrance driveway) is approximately 30 feet east of Sportsman Pointe Subdivision's nearest lot. The application does not indicate potential future uses on the west half of the 1.82 acre parcel. However, any future use will only be allowed through a public hearing/CUP process. The landscaped street buffers, lighting standards and building setbacks as required by the Zoning Ordinance are intended to ease impacts of these commercial uses on nearby residences. F. Will not be hazardous or disturbing to existing or future neighboring uses; Staff finds that the requested annexation and zoning to C-C should not be disturbing to existing or future neighboring uses. Any future change of use on the property that may have a significant impact on the SUlTounding properties will require conditional use approval under current ordinances, and adjoining property owners will have an opportunity to comment. Staff anticipates that the proposed commercial use will not be hazardous or disturbing to the neighboring uses as long as lighting and noise ordinances are adhered to. The Commission and Council should consider all public testimony, oral and written, before making this finding. G. 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 AZ-O4-012, CUP-()4-034 W rink1eneck - Maverik. AZ. CUP Planning & Zoning Commission/Mayor & City Council September 16, 2004 (Hearing Date) Page 5 that the person responsible for the establishment of proposed conditional use shaD be able to provide adequately any such service; Staff finds that the proposed uses can be adequately served by all essential public services and facilities. Drainage will need to be retained on site. H. Will not create excessive additional requirements at public cost for public façilities and services and will not be detrimental to the economic welfare of the community; Staff finds that the requested uses will not create excessive additional requirements at public costs for public facilities and services. Additionally, staff finds that the proposed annexation would not be detrimental to the economic welfare of the community. I. Will not involve uses, activities, processes, materials, equipment, and conditions that wiD be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff finds that the proposed C-C zoning of the property does not inherently allow uses that will generate activities, processes, materials, equipment, and conditions that are detrimental to the general welfare of the community. Permitted uses in the C-C zone include car wash facilities, banks, professional offices, clinics, dry cleaning, hotels, restaurants and retail stores. However, as noted above, all future uses will require CUP applications which will allow for public testimony and site specific conditions, if necessary, to mitigate uses that may be detrimental to any persons, property or the general welfare. J. Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; The accompanying CUP application shows vehicular access to the property via two (2) existing curb cuts that were installed as part of the 2003 Overland Road project. The property owner negotiated the locations and design of these ingress/egress points with ACHD. To help prevent interference with westbound Overland traffic and southbound Locust Grove traffic, left turns are prohibited out of the site. Please see the ACHD staff report for more infonnation regarding vehicular approaches and traffic. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. Staff finds that no natural or scenic features will be lost or damaged by the project. L. Is the proposed zoning amendment in the best interest ofthe City; Staff finds that the proposed annexation would be in the best interest ofthe City by increasing AZ-O4-012, CUP-O4-034 Wrinkleneck- Maverik.AZ. CUP Planning & Zoning CommissionlMayor & City Council September 16,2004 (Hearing Date) Page 6 the supply ofland zoned for neighborhood and community-oriented commercial/retail uses south of! -84. The proposed zoning complies with the Future Land Use Map, is not proposing any variances or exceptions to Meridian City Code and will allow for the improvement ofland at a high visibility intersection in the Area of Impact. SITE SPECIFIC COMMENTS (Annexation) 1. The legal description submitted with the application is accurate, places the property contiguous to existing city limits, and meets the requirements of the City of Meridian and Idaho State Tax Commission. 2. The subject property is within the Urban Services Planning Area, 3. At the time of annexation, the applicant is proposing to develop/improve approximately 1.01 acres of the 1.82 acre parcel described in the annexation legal description. Prior to developing the remaining 0,81 acres of the parcel, the applicant is hereby informed that a Conditional Use Permit application must be submitted and approved prior to applying for building permits on the western portion of the site. 4, A Development Agreement will not be necessary with this annexation. All conditions of approval will be made as part of the conditional use permit. STANDARDS FORCONDfiaONAL USES 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 ifthey shall find evidence presented at the hearing(s) is adequate to establish (11-17-3): A. That the site is large enongh to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this ordinance; Staff finds that the subject property, as depicted, is large enough to accommodate the required parking, open spaces and landscaping required by the ordinance for a convenience store and fuel service use. The minimum number of required off-street parking spaces are shown (19), along with the 25-foot wide street buffers and drive aisles. While the north half of the Locust Grove Road entrance driveway is actually outside the proposed annexed area, staff does not believe this is a problem since both parcels are owned by Van Auker. B. That the proposed use and development plan wiJI be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; The coo-ent Comprehensive Plan Land Use Map designates the property as Mixed Use- AZ-O4-012, ÇUP-O4-034 Wrinkleneck-Maverik,AZ,ÇUP Plamúng & Zoning Commission/Mayor & City Council September 16, 2004 (Hearing Date) Page 7 c. D. E. Community. Staff finds that if the modifications required in this report are done, the application will meet the requirements of the Planned Development and other Zoning Ordinances, See items A and C under the Zoning Amendment Analysis, That the design, construction, operation, and mlÛntenance 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 wiD not adversely change the essential character ofthe same area; Staff finds the design concept to be compatible with the intended character of the area. See item E under the Zoning Amendment Analysis. That the proposed use, ü it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; Staff does not anticipate that the proposed development will have an adverse impact on the surrounding property. However, the Commission and Council should consider any testimony given at the public hearings before making this finding, See item F under the Zoning Amendment Analysis. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fU"e protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; See comments under the Zoning Amendment Analysis item G. 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; See comments under the Zoning Amendment Analysis item H. G. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; See comments under the Zoning Amendment Analysis item I. H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrouuding public streets; AZ-O4-012, CUNJ4-034 Wrinkleneck-Maverik,AZ,CUP Planning & Zoning CommissionlMayor & City Council September 16, 2004 (Hearing Date) Page 8 See comments under the Zoning Amendment Analysis item J. L That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to he of major importance. See comments under the Zoning Amendment Analysis item K. SPECIAL CONSIDERATIONS 1. ~ The Site Plan shows one (1) ftee-standing sign at the southeast comer of the site. MCC 11-14-10 (Table D) allows a maximum of one, IS-foot high sign per street ftontage, Also, MCC 11-14-9-D.3 requires the signs be located "as near the primary access driveway as practical." If the sign is located at the corner as shown, away ftom both access drives, staff recommends the P&Z Commission restrict the site to only the one ftee-standing sign, If the signs are shifted to be clearly on bothftontages and not at the comer, two (2) signs would be pennitted. Unless subdivided, any future use on the western half of the subject parcel will be subject to the same condition. (See Site Specific condition #2,) 2. East Building Elevation: The proposed east elevation of the building (shown on Sheet A-2.1, by Tinunerman Assoc.) does not reflect any architectural treatment except for the wrap- around extensions of the EIFS cornice on the top and the brick work on the bottom. This elevation is oriented to S. Locust Grove which, upon completion of the 1-84 overpass, will receive high visibility. Staff recommends the applicant provide some type of additional architectural treatment to improve the street appeal of this elevation, such as a band of coloring to match the façade or additional brick treatment. We recommend the additional treatment be located at least twelve (12) feet above grade. (See Site Specific condition #3,) SITE SPECIFIC CONDmONS OF APPROVAL (CUP) 1. The building and site improvements shall be constructed per the approved plans with all modifications required by the City Council. 2. If a ftee-standing sign is located at the comer of the parcel (as shown on the approved CUP Site Plan), the 1.82 acre parcel is limited to only one (I) free-standing sign. If the signage is shifted to be clearly on both ftontages and closer to the primary access drives, two (2) ftee- standing signs would be pennitted on the site. 3. The applicant shall provide some type of additional architectural treatment to improve the street appeal of the east building elevation, such as a band of coloring to match the façade or additional brick treatment. The additional treatment should be located at least twelve (12) feet above grade. AZ'()4-012, CUP.()4-034 W rinkleneck - Ma verik, AZ, CUP Planning & Zoning CommissionlMayor & City Council September 16, 2004 (Hearing Date) Page 9 4. Prior to the issuance of a Certificate of Zoning Compliance on the site, a recorded, perpetual vehicular cross-access easement shall be submitted in favor of the parcel to the north (Ada Co. Parcel No, SII18449550), currently owned by Ronald W. Van Auker. Said easement shall cover the 32-foot wide driveway on S, Locust Grove Road and extend along the north property line approximately 60 feet into the site. 5. The applicant shall revise the Site Plan (Sheet C-l.l, by Timmennan Assoc.) to reflect the following changes: a. Widen the sidewalk abutting the east elevation to a minimum offive (5) feet b. Add one (1), two-inch caliper deciduous Lree to the three (3) landscape planters on the south side of the building c. Ensure that the inside dimension of said planters is a minimum offive (5) feet d. Any other changes required by the Commission. Submit 10 copies of the revised plan to the City Clerk's office at least 10 days prior to the next hearing on this application, 6. The Preliminary Landscape Plan (Sheet L-1.1, by Timmennan Assoc., dated 7-6-04) is not approved as submitted. Revise the plan to match the Site Plan and make the corrections as noted in condition #4. Submit a detailed landscape plan with Certificate of Zoning Compliance application. 7. Sanitary sewer semce to this site shall be via main line extensions ITom an existing main installed adjacent to the property. The applicant will be responsible to construct sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide semce. 8. Domestic water semce to this site shall be via main line and/or service line extensions ITom mains installed adjacent to the property. The applicant will be responsible to construct water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. STANDARD CONDffiONS OF APPROVAL (CUP) 9, This conditional use permit shall be subject to the expiration provisions set forth in MCC 11- 17-4.B. 10. All 90-degree parking stalls shall be at least 9 feet wide and 19 feet deep per Ordinance 11- 13-4.F. All drive aisles adjacent to parking shall be at least 25 feet wide, 11. All parking and drive aisles shall be paved for all uses, in compliance with the submitted plans, AZ-O4-0l2. CUP-O4-034 W rink1 eneck - Maverik, AZ, CUP Planning & Zoning CommissionlMayor & City Council September 16, 2004 (Hearing Date) Page 10 12. 13. 14, 15. 16. Handicap parking spaces shall be signed and striped in compliance with Federal accessibility guidelines. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11- 13-4C. All signage shall be in accordance with the standards set forth in this report and Section 11-14 of the City Zoning and Development Ordinance. All signage shall require separate sign permit(s), All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord, 557, 10-1-91) for all off-street parking areas, Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for fi1ing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells, Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Fire DeDartment Conditions 1. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 V2' 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 comers, f Fire hydrants sha1l not have any vertical obstructions to outlets within 10', AZ-O4-012, CUP-O4.034 W rinkleneck - M.verik. AZ, CUP Planning & Zoning Commission/Mayor & City Council September 16, 2004 (Hearing Date) Page 11 2. Operational fire hydrants and temporary or pennanent street signs are required before combustible construction begins. 3. Fire lanes and streets shall have a vertical clearance of 13'6". This includes the fuel dispensing island canopy and a1llandscaping. 4. Commercial and office occupancies will require a fire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed an average ofJOO' apart. 5. The proposed project lies outside the five-minute response zone goal, Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. 6. Maintain a separation offive feet from the building to the dumpster enclosure. 7. All processes & storage practices shall be required to comply with the International Fire Code. 8. Provide exterior egress lighting as required by the International Building & Fire Codes, 9. All Commondrivewayssha1l be straight or have a tumingradiusof28' inside and 48' outsideand shall have a clear driving surface which is 20' wide. 10. Please contact the Fire Marshal at 888-1234 to work specific issues associated with this project. Sanitarv Services Comment: 1. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. Police Denartment Comment: 1. The Police Department has no concerns related to the site design submitted with the application. Parks Deoartment Comment: 1. The Parks Department has no concerns with the site design as submitted with the application, AZ-O4-O12, Cup.O4-034 Wrinkleneck-Maverik.AZ,CUP Planning & Zoning CommissionlMayor & City Council September 16, 2004 (Hearing Date) Page 12 RECOMMENDATION Upon resolution of the issues raised in this report, staff recommends approval of this application with the aforementioned conditions of approval. AZ-O4-012, CUP-fJ4-034 Wrink1eneok-Maverik,AZ,CUP Maverik County Stores, Dan Murray 880 W. Center Street North Salt Lake City, Utah 84054 MCUPQ4-034--Maverik Country Store n/w/c Overland Road and Locust Grove Road ,:"- .,:;¡> John S. Franden, President David E. Wynkoop 1st Vice President Susan S. Eastlake, 2nd Vice President Sherry R. Huber, Commissioner Dave Bivens, Commissioner To: Subject: Ada County Highway District 3775 N. Adams Street Garden City ID 83714-6499 Phone (208) 387-6100 FAX (208) 387-6391 E-mail: tellus@ACHD.ada.ld.us RECEIVED SEP 16 2004 September 14,2004 City of Meridian City Clerk Office On September 14, 2004, the Ada County Highway District staff acted on your application for the above referenced project. The attached report lists site-specific requirements, conditions of approval and street improvements, which are required. If you have any questions, please feel free to contact me at 208-387-6174. 1~~~o/ ~~~ior Development Analyst Right-of-way & Development Services, Planning Division CC: Project file, Construction Services, Drainage, Utilities City bfrMeridian Wrinkleneck Partners, LLC 3084 E. Lanark Meridian, Idaho 83642 ~ Development Process Checklist II II I8lSubmit a development application to a City or to the County I8lThe City or the County will transmit the development application to ACHD I8lThe ACHD Planning Røvtew Division will rEceive the development application to review I8lThe Planning Review Division will do !!!!§ of the following: OSend a "No Review" letter to the applicant stating that therE arE no site specific rEquirEments at this time. OSend a .Comply With" letter to the applicant staling that If the development is within a platted subdivision or pari 01 a previous development application and that the site specific requirements from the prEvious development also appl: to this development application. IXIWrite a Staff Level reporl Sfll!llyzingthe impacts of the devaJI'pment on the transportation system and evaluating thl I proposal for its confonnance to District Polley. . OWrite a Commission Level rEpori analyzing the impacts of the development on the transportation system and eveluating the proposal for its conformance to District Policy. OThe Planning Review DMsion will hold a Tec:hnlcal Review meeting for all Staff and Commission Level reports. OFor ALL development applications, Including those receiving a "No Review" or "Comply With" letter. The applicant should submltlwo (2) sets of engineered plans directly to ACHD for review by the Development Revle" Division for plan review and assessment of impact fees. (Note: If therE arE no site improvements required by ACHD, then architectural plans may be submitted for purposes of impact fee calculation.) The applicant Is rEquired to get a permit from Construction Services (ACHD) for ANY work in the right-of-way, Includin¡ but nollimited to, driveway approaches, strEet improvements and utility cuts. OPay Impact Fees prior to issuance of building permit. Impact fees cannot be paid prior to plan review approval. DID YOU REMEMBER: Construcfjon (Zone) 0 Driveway or Property Approach(s) Submit a "Driveway Approach Requesf' form to Ada County HighwaY District (ACHD) Construction (for approval by Development Services & Traffic Services). TherE Is a one week turnaround for this approval. 0 Working In the ACHD RIght-of-Way Four business days prior to starling work have a bonded contractor submit a or emporary Highway Use Permit Application" to ACHD Construction - Permits along with: a) Traffic Control Plan b) An Erosion & Sediment Control Narrative & Pial, done by a Certified Plan Designer, if trEnch is >50' or you are placing >600 sf of concrEte or asphalt. Construcfjon (SubdMsions) 0 Sediment & Eroelon Submittal At least one week prior to setting up a Pre-Con an Erosion & Sediment Control Narrative & Plat, done by a Certified Plan Designer, must be turned into ACHD Construction - Subdivision to be rEviewed and approved by the ACHD Drainage Division. 0 Idaho Power Campany Vie Steelman at Idaho Power must have his I pce approved set of subdivision utility plans prior to Pre-Con being scheduled. 0 Final Approval from Development Services ACHD Construction - Subdivision must have rEceived approval from Development Services prior to scheduling a Pre-Con. 7 , ,,;'~i.', . ~ Ada County Highway District Right-of Way & Development Department Planning Review Division This application does not require Commission action and is approved at the staff level as of September 14, 2004. Tech Review for this item was held via e-mail with the applicant on September 2, 2004. Please refer to the attachment for appeal guidelines. Staff contact: Lori Den Hartog, phone: 387-6174, E-mail: ldenhartoar.ã>.achd.ada.id.us File Numbers: MCUPO4-034-Maverik Country Store Site address: nlwlc Overland Road and Locust Grove Road Applicant: Maverik Country Stores, Dan Murray 880 W. Center Street North Salt Lake City, Utah 84054 Owner: Wrinkleneck Partners, LLC 3084 E. Lanark Meridian, Idaho 83642 Application Information: The applicant has submitted the above referenced application to the City of Meridian requesting conditional use permit approval for the development of a gas station and convenience store with 20 fueling positions on 1.82-acres. The site is located at the northwest comer of Overland Road and Locust Grove Road. Acreage: 1.82 Existing Zoning: RUT Proposed Zoning: C-C (Proposed wI MAZ04-012) Fueling Positions: 20 Vicinity Map "'~.~ \ , \1 ¡,I ~~. ~';<,-'n !i-Ti~. '--~ . A. Findings of Fact 1. Trip Generation: This development is estimated to generate 3,255 additional vehicle trips per day (0 existing) based on the Institute of Traffic Engineers, Gas/Service station with Convenience Market land use designation. 2. Impact Fees: There will be an impact fee that is assessed and due prior to issuance of any building penmits. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 3. Traffic Impact Study: A traffic impact study was not required with this application. 4. Site Information: The site is cunrently vacant. 5. Description of Adjacent SulTOtlndlng Area: Direction Land Use Zoning North Sinole-familv & commercial RUT South Sinole-familv RUT and R-4 East Vacant & commercial C-G West Commercial RUT and CoG 6. Impacted Roadways Roadway Frontage Functional Traffic Count" Nearest Speed Classification Intersection Limit Overland 382' Minor Arterial 12,115 east of Locust Grove- 35 MPH Locust Grove on signalized 6/10/02 11,065 west of Locust Grove on 6/5/02 Locust 216' Proposed 127 north of Overland-- 35 MPH Grove Minor Arterial Overland on 5/2/00 signalized 3,856 south of Overland on 6/11/02 'Current and accurate traffic counts on Overland Road cannot be obtained at this time due to the construction in the area. 7. Roadway Improvements Adjacent To and Near the Site . Locust Grove Road is currently improved with 4 travel lanes, dual left turn lanes, and vertical curb, gutter and sidewalk abutting the site. . Overland Road is currently improved with 4 travel lanes, dual left tum lanes (only 1 lanes is striped for use at this time), and vertical curb, gutter and sidewalk abutting the site. 2 8. 9. B. 1. 2. 3. 3 Existing Right-oJ-Way . Locust Grove Road currently has 102-feet of right-of-way abutting the site . Overland Road currently has between 96 and 120-feet of right-of-way abutting the site. Existing Access to the Site There are two existing curb cuts on Locust Grove Road that were put in with the Overland Road construction project. The first is located approximately 70-feet north of the intersection of Overland and Locust Grove, and the second is located approximately 170-north of the intersection. On this site there is one existing curb cut on Overland Road; it is located approximately 180-feet west of the intersection of Overland Road and Locust Grove Road. 10. Site History ACHD reviewed this site in July 2004 for a rezone (RT to C-C) and annexation application (MAZ04- 012). 11. Capital Improvements PlanlFive Year Work Program The Locust Grove Road overpass is scheduled in the Five Year Work Program and the Capital Improvements for 2006. Findings for Consideration Right-at-Way Overland Road & Locust Grove District policy requires 96-feet of right-of-way on arterial roadways (Figure 72-F1 B). This right-of-way allows for the construction of a 5-lane roadway with curb, gutter, 5-foot concrete detached sidewalks and bike lanes. There is between 96 and 120-feet of right-of-way abutting the site on Overland Road. There is 102- feet of right-of-way abutting the site on Locust Grove Road. No additional right-of-way will be required to be dedicated with this application. Street Sections Overland Road & Locust Grove District policy 72-F3 requires arterial roadways to be constructed as a 72-foot street section with curb, gutter and 5-foot detached (or 7-foot attached) concrete si~l3walk within 96-feet of right-of-way with parking prohibited on both sides of the roadway.' Overland Road and Locust Grove Road are fully improved abutting the site. Driveways Offsets District policy 72-F4 (1) requires driveways located on arterial roadways near a signalized intersection to be located a minimum of 440-feet from the signalized intersection for a full-access driveway and a minimum of 220-feet from the signalized intersection for a right-in/right-out only driveway. District policy 72-F4 (Note 4) states that the driveway spacing may be reduced to 315-feet (from the intersection) on minor arterial roadways, if the right-inlright-out driveway at 220-feet is eliminated. Drivewavs to be closed The existing curb cut on Locust Grove Road that is located approximately 170-feet north of the intersection does NOT meet District offset policy from a signalized intersection and wíll be required to be closed with matching curb, gutter, and sidewalk. The existing curb cut on Overland Road that is located approximately 180-feet west of the intersection does NOT meet District offset policy from a signalized intersection and will be required to be closed with matching curb, gutter. and sidewalk.. Aoolicant's Prooosal for Drivewav on Locust Grove Road The applicant is proposing a right-ínlright-out driveway on Locust Grove Road located 215-feet north of the intersection centered on the property line. This driveway is proposed to be restricted with an on-site raised median. Modifícati of Po/ic for D . e on Locust G¡; ve d' The applicant's proposal méets t e requirements as prevfo'usly approved with the rezone and annexation applicaüon (MAZ04-012). The raised median wíll be required to be located outside of the right-of-way. A right-out only sign shall be placed at the exit drive aisle of this driveway. The design for the on-site raised median as shown on the conceptual site plan is NOT approved with this application. The applicant should coordinate the location and design of the on-site median with District Traffic Services staff. If conditions warrant in the future, this driveway may be restricted to right-inlright-out by means of a raised median on Locust Grove Road. Aoolicant's Prooosal for Drivewav on Overland Road The applicant is proposing a right-inlright-outl1eft-in driveway located 19D-feet west of the intersection (measured near edge to near edge). This driveway is proposed to be restricted with an on-site raised median. This location is shown to be centered on the property line. Modification of Po/icv for Drivewav on Overland Road: The applicant's proposal does NOT fully meet the requirements as previously approved with the rezone and annexation application (MAlO4-012). The driveway shall be located a minimum of 215- feet west of the intersection (measure near edge to near edge); not 19D-feet as shown on the conceptual site plan. The raised median will be required to be located outside of the right-of-way. A right-out only sign shall be placed at the exit drive aisle of this driveway. The design for the on-site raised median as shown on the conceptual site plan is NOT approved with this application. The applicant should coordinate the location and design of the on-sfte median with District Traffic Services staff. If conditions warrant in the future, this driveway may be restricted to right-inlright-out by means of a raised median on Overland Road. The applicant should also provide a cross-access easement to the property to the west of the proposed Maverik Store to ensure adequate circulaüon among the sites and reduce the number of potential driveways on Overland Road. Any additional driveways on Overland Road should be required to meet District policy at the time a development application is submitted. Widths District policy 7207.9.3 restricts commercial driveways with daily traffic volumes over 1,000 vehicles to a maximum width of 35-feet. Most commercial driveways will be constructed as curb-cut type facilities if located on local streets. Curb return type driveways with 15-foot radii will be required for driveways accessing collector and arterial roadways. 4 The applicant is proposing to have a 32-foot wide driveway on Locust Grove Road. This width does NOT meet the requirements of the previous approval for the rezone and annexation application (MAZO4-012). The maximum driveway width shall be 3D-feet as previously approved. The applicant is proposing to have a 42-foot wide driveway on Overland Road. This width does NOT meet District policy nor does it meet the requirements of the previous approval. The maximum driveway width shall be 3D-feet as previously approved. The applicant is proposing both the driveway on Locust Grove and the driveway on Overland to be constructed as curb-return type driveways. This proposal meets District policy. Paving Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordanCE¡ with District policy, 7207,9.1, the applicant should be required to pave the driveway its full width and at least 30-feet into the: site beyond the edge of pavement of the roadway and install pavement tapers with 15-foot radii abutting the existing roadway edge. 4. Pavement Cuts Overland Road and Locust Grove Road were each rebuilt in 2003. No pavement cuts will be allowed until after March 2008. 5. Other Access Locust Grove Road and Overland Road are both classified as minor arterials. Other than the access points specifically approved with this application, no other access points to either roadway are approved. C. 1. Site Specific Conditions of Approval Close the existing driveways on Locust Grove Road that are located approximately 70-feet and 170- feet north of the intersection with matching curb, gutter, and sidewalk. Close the existing driveway on Overland Road that is located approximately 180-feet west of the intersection with matching curb, gutter, and sidewalk. 2. 3. Construct a curb-return driveway, no wider than 30-feet,OI1 Locust Grove Road located 215-feet north of the intersection (measured near edge to near edge). This driveway shall be restricted to right-in/right-out by means of an on-site raised median, located outside of the right-or-way, and right- out only signage. The applicant shall coondinate the location and design of the on-site median with District Traffic Services staff. It conditions warrant in the future, this driveway may be restricted to right-in/right-out by means of a raised median on Locust Grove Road. 4. Construct a curb-return driveway, no wider than 30-feet, on Overland Road located 215-feet west of the intersection (measured near edge to near edge). This driveway shall be restricted to right-in/right- outlleft-in by means of an on-site raised median, located outside of the right-of-way, and right-out only signage. The applicant shall coondinate the location and design of the on-site median with District Traffic Services staff. The applicant shall also provide a cross-access easement to the property to the west of the proposed Maverik Store to ensure adequate circulation among the sites and reduce the number of potential driveways on Overland Road. If conditions warrant in the future, this driveway may be restricted to right-inlright-out by means of a raised median on Overland Road. 5 5. 6. D. 1. 2. 3. Pavement cuts on Overland Road and Locust Grove Road are prohibited until after March 2008. Comply with all Standard Conditions of Approval. Standard Conditions of Approval Any existing irrigation facilities shall be relocated outside ofthe right-of-way. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 5. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at leEiolit two full business days prior to breaking ground within ACHD right-of-way. The applicant shall cOntact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 9. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 11. 6 E. Conclusions of Law 1. The proposed site plan is approved. if all of the Site Specific and Standard Conditions of Approval are satisfied. 2. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Attachments 1. Vicinity Map 2. Site Plan 3. Appeal Guidelines 7 ~ w E 8 i i i i i i i i i i i i , i , : 1 i 'if r ~ ! ,I I" 1: i :: i ¡: i f! i 1: , ,: I :: i ¡: , ,: , :: ¡ I: ¡ 1i i :: i Ii i :: i 'i tt,-,-'-I :: i 1: i ¡: I' ~: , :: I ¡ ¡ ¡'I ¡ ¡ 0 i " I I i i j¡ Ii ' , "I ::'j' :: 5, ¡: ¡<¡i " ¡: ~ i "~Ii I: i ~ :: i ' t: i ;, Iii l~ Ii! I ¡ ¡ F ~,,2"¡ , , ! ¡: 0 "" :_--:_~=--_~_=---m_~:_=_------ :-~-~1i---jm____- ¡ i ! ¡ ., B ~~I~;~:==r==:= :~~~~:~=~-:~-.~J~i:~~-=-L::~~--~ n 0 z n m <J c' f?- <P ii1 <J ç z ~ " : j : : i I ll~ " i~n_n_n_n_n- n _n- O ~2! ~2 ~i1I !! " '- ~ ~ ~ 0 / (' ~ i TIMMERMAN associates / architects ""_.000- q".""""", ""......", """',.,..".. MA VERIK COUNTRY STORES, INC "-,-,--" t~-:¡¡:~~ '= -"'" ,.. .. ., ó' Request for Appeal of Staff Decision 1. Appeal of Staff Decision: The Commission shall hear and decide appeals by an applicant of the final decision made by the ROWDS Manager when it is alleged that the ROWDS Manager did not properly apply this section 7101.6, did not consider all of the relevant facts presented, made an error of fact or law, abused discretion or acted arbitrarily and capriciously in the interpretation or enforcement of the ACHD Policy Manual. a. Filing Fee: The Commission may, from time to time, set reasonable fees to be charged the applicant for the processing of appeals, to cover administrative costs. b. Initiation: An appeal is initiated by the filing of a written notice of appeal with the Secretary of Highway Systems, which must be filed within ten (10) working days from the date of the decision that is the subject of the appeal. The notice of appeal shall refer to the decision beihgappealeð,-iclentlfy the appellant by name. address-and-telephone-number -and state the grounds for the appeal. The grounds shall Include a written summary of the provisions of the policy relevant to the appeal and/or the facts and law relied upon and shall include a written argument in support of the appeal. The Commission shall not consider a notice of appeal that does not comply with the provisions of this subsection. c. Time to Reply: The ROWDS Manager shall have ten (10) working days from the date of the filing of the notice of appeal to reply to the notice of the appeal, and may during such time meet with the appellant to discuss the matter, and may also consider and/or modify the decision that is being appealed. A copy of the reply, and any modifications to the decision being appealed will be provided to the appellant prior to the Commission hearing on the appeal. d. Notice of Hearing: Unless otherwise agreed to by the appellant, the hearing of the appeal will be noticed and scheduled on the Commission agenda at a regular meeting to be held within thirty (30) days following the delivery to the appellant of the ROWDS Manager's reply to the notice of appeal. A copy of the decision being appealed, the notice of appeal and the reply shall be delivered to the Commission at least one (1) week prior to the hearing. e. Action by Commission: Following the hearipg, the Commission shall either affirnn or reverse, in whole or part, or otherwise modify, amend or supplement the decision being appealed, as such action is adequately supported by the law and evidence presented at the hearing. 9 CITY OF MERIDIAN PUBLIC HEARING SIGN-UP SHEET RECEIVED SEP 1 6 2004 Citv of Meridian Citý Clerk Office September 16, 2004 ITEM # 9 DATE PROJECT NUMBER CUP 04-034 PROJECT NAME Maverick Country Store NAME (PLEASE PRINT) FOR AGAINST NEUTRAL MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Shaun Wardle William L. M. Nary Charles M. Rountree Keith Bird LEGAL DEPARTMENT (208) 466-9272 • FAX 466-4405 PARKS & RECREATION (208) 888-3579 • Fax 898-5501 PUBLIC WORKS (208) 898-5500 • Fax 887-1297 BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING & ZONING (208) 884-5533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOP WITH THE CITY OF MERIDIAN DEVELOPMENT PROJECTS To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian Attn: Will BergClerkb , , City : City Clerk's Office y September Transmittal Date: August 25, 2004 File No.: CUP 04-034 Request: Conditional lisp vy. maverick Couny Location of Property or Project: J CITY OF 1DAHO \/ tiF cF TREASURE VN�-,FY N190, 2004 nearing uate: September 16, 2004 Cores, Inc. 1495 South Locust Grove Road David Zaremba, P/Z (No Fp) David Moe, P/Z (No Fp) Wendy Newton-Huckabay, P/Z (No Fp) Michael Rohm, P/Z (No Fp) Keith Borup, P/Z (No Fp) Tammy de Weerd, Mayor Bill Nary, C/C Charlie Rountree, C/C Keith Bird, C/C Shaun Wardle, C/C ------ . Water Department Sewer Department Sanitary Service (No VAR, VAC, Fp) Building Department Fire Department Police Department City Attorney YOur Cords ity Engineer C ity E�E� ityIPlanner j Parks Department Meridian School District (No Fp) ---- Meridian Post Office (Fp/pp only) .__Ada County Highway District Ada County Development Services Central District Health Nampa Meridian Irrig. District — Settlers Irrigation District _---- � Idaho Power Co. (Fp/pp only) Qwest (Fp/pp only) Intermountain Gas (Fp/pp only) ------- —Bureau of Reclamation (Fp/pp only) Idaho Transportation Department (No Fp) __Ada County Land Records ------.Meridian Development Corporation ------ . Historical Preservation Commission e Remarks: -R CDI� , _.. .. SEP 2 � City Clerk Office Fax 33 EAST IDAHO AVENUECity OfMeric ax 33 E ass -ID • MERIDIAN, IDAHO 83642 • City Clerk O c • Human Resources Fax (208) 884_8723 (208) 888-4433 �Ce • Finance & Utility Billing Fax (208) 887 4813 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Shaun Wardle William L. M. Nary Charles M. Rountree Keith Bird CITY OF'�,; �Y1G�1G�-17�4�� IDAHO TREASURE V t1�_ LEGAL DEPARTMENT (208) 466-9272 - FAX 466-4405 PARKS & RECREATION (208) 888-3579 - Fax 898-5501 PUBLIC WORKS (208) 898-5500 - Fax 887-1297 BUILDING DEPARTMENT (208) 887-2211 - Fax 887-1297 1 'Hu' PLANNING & ZONING (208) 884-5533 - Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Clerk's Office Attn: Will Berg, City Clerk, by: September 9, 2004 Transmittal Date: August 25, 2004 Hearing Date: September 16, 2004 File No.: CUP 04-034 Request: Conditional Use Permit for a gas station and convenience store in a proposed C-C zone for Maverick Country Store By: Maverick Country Stores, Inc. Location of Property or Project: 1495 South Locust Grove Road David Zaremba, P/Z (No FP) David Moe, P/Z (No FP) Wendy Newton-Huckabay, P/Z (No FP) Michael Rohm, P/Z (No FP) Keith Borup, P/Z (No FP) Tammy de Weerd, Mayor Bill Nary, C/C Charlie Rountree, C/C Keith Bird, C/C Shaun Wardle, C/C ater Department Sewer Department Sanitary Service (No VAR, VAC, FP) Building Department Fire Department Police Department City Attorney City Engineer City Planner P AUG 2 6 2004 CITY OF-MERIDLA,N WASTEWATER DEPT. Your Concise Remarks: Meridian School District (No FP) Meridian Post Office (FP/PP only) Ada County Highway District Ada County Development Services Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP only) Qwest (FP/PP only) Intermountain Gas (FP/PPonly) Bureau of Reclamation (FP/PP only) Idaho Transportation Department (No FP) Ada County Land Records Meridian Development Corporation Historical Preservation Commission AU6 31 2004 City Of Meridian City Clerk Office 33 EAST IDAHO AVENUE - MERIDIAN, IDAHO 83642 - (208) 888-4433 City Clerk Office Fax (208) 888-4218 - Human Resources Fax (208) 884-8723 - Finance & Utility Billing Fax (208) 887-4813