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HomeMy WebLinkAboutMemo from Planning~irE IDR IAN*-- IDAHO August 26, 2008 MEMORANDUM TO; Mayor & City Council CC: City Clerk, Caleb Hood, Anna. Canning, Ciint Boyle FROM: Sonya Wafters, Associate City Planner RE: Maverik - Locust Grove/McMillan (AP-OS-006) MayorTammy de Weerd City Council Members: Keith Bird Joe Gorton Charles Rountree David Zaremba On August 7, 2008, the Planning & Zoning Commission approved a Conditional Use Permit (CUP-08-016) for a conveniences store and fuel sales facility for Maverik at the northeast corner of Locust Grove and McMillan Roads. At that meeting, several '~ neighbors testified against the CUP request as follows: Jeff Greene Andy Mitchell Kimberly Mitchell Judy Hortacher JoAnn Horlacher Doug Racine Several other people submitted written testimony as follows: Val Greenspan Jason O'Very Liz Pew Susan Greenman Bart Naylor John R. Knowles III (~f those, the following people specifically objected to a 24hour operation: Jeff Greene ....Andy Mitchell Kimberly Mitchell Bart Naylor John R. Knowles. Val Greenspan Page 2 Far this rein, the Comtission recoznrnerded approval of the CUP with a condition of approval (ct~ndition #1. l.5 in Eaihibit B of the ~taffreport) restricting the hours of operation ,ta 6 am to 11 pm, '~ days a week: The Applicant, .Landmark Engu~eerin~ & Planning Inc., is now requesting City Council Review of the Cotnmissiast°~ decision to limit the hours ofoperataon fr~r Ma~-erik. 'The applicant requeststhat th+s Maven`k be allowed to operate 24 hours allay, Tdays a-week: Note: Tile currerrt tJDC, which was revised on July 8, 20t?8, now limits the business hours of operation in C=rT districts tQ the hours betwveen b am and t0 pm. This restriction applies to nll business operations orcuic~ing outside iin enclosed structure, including but not limited to customer or client visits, trash compaGtiog, and deliveries. This restriction does nat apply to business operations occu 'ring within an :enclosed structure, including but not limited to cleaning, bookkeeping, null afterhours work by ~. limited number of employees: The subject CUP application was submitted to the Planning Department on May ~, ZtND$ and considered complete €~n JBme S, 2008,. prior to the afor'emention~l tJDC revision Therefore, the re~rictia-ns on-bouts of ape~ration are trot applicable to ~UF-O8- 016. Please see attached staffrepart, findings,. and minutes from the Commission hearing pertaining to the subject application. Transportation Projects in South Meridian Long Range Plans to Upcoming Construction September 29, 2008 Regional Long Range Plan o Federally Mandated . Updated every four years -next update 2010 o Prepared by Community Planning Association of Southwest Idaho (COMPASS) o Communities in Motion -Adopted Long Range Plan . Identifies corridors for future improvement based on anticipated, growth-related needs. Regional Long Range Plan o Communities in Motion Corridors in South Meridian: . Amity Road -widen from 2 to 5 lanes . Black Cat Road -widen from 2 to 5 lanes (UF) . Lake Hazel Road -widen from 2 to 5 lanes . Linder Road -widen from 2 to 5 lanes (UF) . McDermott Road -widen from 2 to 5 lanes from Lake Hazel to I-84 . Ten Mile Road -widen from 2 to 5 lanes Mid-Range Plan oCapital Improvements Plan (CIP) o Prepared by Ada County Highway District ~ Mandated by State o Updated every 3 years ~ Identifies intersection and roadway improvements needed in 6 to 10 and 11 to 20 years; based on anticipated growth. . Includes nearer-term improvements based on the Five Year Work Plan. Mid-Range Plan o CIP Projects in South Meridian . Amity Road, McDermott to Eagle 0 11 to 20 years; mostly ROW preservation for 3 to 5 lane roadway, Locust Grove to Eagle - 5 lanes. . Black Cat Road, Amity to Overland 0 11 to 20 years; ROW for 3 lanes. . Eagle Road, Lake Hazel to Overland o Victory to Ridenbaugh - 5 lanes in 2010/2011; Lake Hazel to Victory - 5 lanes, 11 to 20 years. Mid-Range Plan oCIP Projects in South Meridian . Lake Hazel, Meridian to Eagle 0 11 to 20 years; 3 lanes (ROW only) from Meridian to Locust Grove; 5 lanes from Locust Grove to Eagle. . Overland Road, Ten Mile to Eagle o Ten Mile to Linder, widen to 5 lanes in 6 to 10 years; Meridian to Eagle, ROW for 7 lanes. . Ten Mile Road, Lake Hazel to Overland o Lake Hazel to Victory, widen to 5 lanes in 11 to 20 years; Victory to Overland, 5 lanes in 6 to 10 years. 2 Mid-Range Plan R ~ ~~~ f ~78~107 108 ~, 709 1/0~111~ °D j]] /{ Legend a y street Prgecffi q 84 ~~ ~ 1: ~- a-tmw ®a= ewe ~~ .mq~ ww~vac 33 8~7 87 8 0 ... Og 10c~)- Ntenectbn PmJeam ~~~~~ .~ p 67 ZO 86 7.7. ,_YWlsd Ti Y J 5 _ ACHD Capital Improvement Plan Near-Term Plan o Five Year Work Plan (FYWP) a~ Prepared by Ada County Highway District o Updated Annually ®Includes Arterials, Collectors, Intersections, Bridges, and Community Program Projects (sidewalks, safe routes to school, etc.) Near-Term Plan oFYWP Projects in South Meridian . Ten Mile and Amity Intersection: 2011 aDesign and construct a roundabout at intersection. . Eagle, Victory to Ridenbaugh: 2010/2011 oWiden roadway from 2-lanes to 5-lanes, including curb, gutter, sidewalk and bike lanes. The project includes installing traffic signals at the Eagle Road intersections of Easy Jet and Victory Road. Anew bridge will be built over the Ridenbaugh Canal, near the Meridian Fire Station. 3 Near-Term Plan _ ~ -,;, .., i~ ~ , .~. . mw ...® a - _ _ ~ °~ ~ _ ~ i - _ ~r~ ~ 5 3~ g ~~ -r`' u ~- u~l i- i0 49 ' 33 47 -. ~ -- -----~-46 ~ ~ ~ ~ `' ACHD Five Year Work Plan Plan Updates o Communities in Motion, the FYWP, and the CIP will be updated in the next few years. o Updates will reflect recent construction cost escalations and adjusted revenue projections. o Other plans in process may shape updates. o PLANS MAY CHANGE SUBSTANTIALLYII!! o Watch ACHD and COMPASS websites for opportunities to provide input: . www.achd.ada.id.us . www.comoassidaho.org 4 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF E ID~~ LAW AND I D A H O DECISION & ORDER In the Matter of Conditional Use Permit for a Convenience Store and Fuel Sales Facility in a C-N Zoning District per Requirement of the Development Agreement, by Maverik Inc. Case No(s). CUP-08-016 For the Planning and Zoning Commission Hearing Dates of: July 3, and 17, 2008 (Findings scheduled for August 7, 2008) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 3, 2008, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 3, 2008, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 3, 2008, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 3, 2008, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian Planning & Zoning Commission takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. 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. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-08-016 Page 1 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the. attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Chairman of the Commission and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Site Plan, Building Elevations, and the Conditions of Approval all in the attached Staff Report for the hearing date of July 3, 2008, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the Planning & Zoning Commission's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Conditional Use Permit as evidenced by having submitted the site plan dated 4/9/08 and building elevations, dated 1/25/08, is hereby conditionally approved; and, 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of July 3, 2008, incorporated by reference. D. Notice of Applicable Time Limits Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require 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 (1) year from the original date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-SB-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the Commission maybe granted. With all extensions, the Director or Commission may CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-08-016 Page 2 require the conditional use comply with the current provisions of Meridian City Code Title 11. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to 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 maybe filed. 2. 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 maybe 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. F. Attached: Staff Report for the hearing date of July 3, 2008. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-08-016 Page 3 By action of the Planning & Zoning Commission at its regular meeting held on the day of , 2008. COMMISSIONER DAVID MOE VOTED, (Chair) COMMISSIONER MICHAEL ROHM VOTED COMMISSIONER WENDY NEWTON-HUCKABAY VOTED COMMISSIONER TOM O'BRIEN VOTED COMMISSIONER JOE MARSHALL VOTED CHAIlZMAN DAVID MOE Attest: Tara Green, Deputy City Clerk Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney. By: City Clerk's Office Dated: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-08-016 Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2008 STAFF REPORT Hearing Date: July 3, 2008 TO: Planning & Zoning Commission FROM: Sonya Wafters, Associate City Planner E IDIAN~;--- (208) 884-5533 I la A H SUBJECT: Maverik (Locust Grove/McMillan) • CUP-08-016 Conditional Use Permit for a convenience store and fuel sales facility in a C-N zoning district, per requirement of the Development Agreement • DES-08-020 Design Review for structure/site located adjacent to an entryway corridor, per requirement of the Development Agreement and UDC 11-3A-19B 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Maverik, Inc., is requesting Conditional Use Permit (CUP) approval for a Maverik convenience store and fuel sales facility, per requirement of the Development Agreement (DA) for Woodland Springs Subdivision. Design Review approval of the proposed structure and site is also requested with this application, per requirement of the DA and UDC 11-3A-19B. The property is located on the northeast comer of N. Locust Grove Road and E. McMillan Road. A final plat has been approved, but not yet recorded, that depicts the subject property as Lot 1, Block 1, of Woodland Springs Subdivision No. 1. The site is currently zoned C-N and consists of 1.42 acres. 2. SiJNIlVIARY RECOMMENDATION The subject applications (CUP-08-016 & DES-08-020) were submitted to the Planning Department for concurrent review. Staff has provided a detailed analysis for the requested CUP & DES applications below and recommended conditions of approval for the CUP application. Staff recommends approval of CUP-(18-016 for Maverik, as presented in the Staff Report for the hearing date of July 3, 2008, based on the Findings of Fact as listed in Exhbit C and subject to the conditions listed in Exhibit B. Note: Per UDC 11-SA-2, Design Review (DES) applications are approved at the administrative level by the Planning Director. However, because DES approval is requested concurrently with the CUP, Staff has included analysis on the DES request in this sta, fJ`' report; the DES application does not require Commission action. The Meridian Planning & Zonine Commission heard this item on July 3. and 17.2008. At the public hearing on July 17.2008 they moved to approve the subject CUP reauest. a. Summary of Commission Public Hearint<: i. In favor: Dan Murray; Todd Meyers ii. In opposition: Jeff Greene; Andv Mitchell; Kimberly Mitchell; Judy Horlacher: JoAnn Horlacher; Doug Racine iii. Commenting• None iv. Written testimony: Val Greenspan; Jason O'Very: Liz Pew; Susan Greenman; Bart Naylor; John R. Knowles III v. Staff presentinS application: Sonya Waters vi. Other staff commentine on application: None b. Key Issue(sl of Discussion by Commission: i. ACHD's plans for widening and sisnalizing the intersection; Maverik Locust Grove-McMillan CUP Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2008 ii. The effect of the proposed convenience store and fuel sales facility on adiacent residential properties; iii. Limitation on hours of operation. c. Key Commission Change(s) to Staff Recommendation: i. Add condition of approval for the hours of operation of the convenience store and fuel sales facility to be restricted to the hours between 6 am and 11 pm. 7 days a week (see condition of approval #1.15 in Exhibit B); ii. Add condition of approval for the requirement of a type 1 vapor recovery system to be installed for the fuel facility (see condition of approval #1.16 in Exhibit B); iii. Add condition of approval for the applicant to work with ACID to obtain a license agreement to install landscaping and irrieation sprinklers on the property south of the detached sidewalk alone McMillan Road to the edge of the future back of the curb. Applicant shall also be responsible for maintaining this area (see condition of approval #1.17 in Exhibit B). iv. Add condition of approval for the applicant to submit a road trust to Ada County Hishwav District for a minimum of five foot wide detached sidewalk on McMillan Road once that road has redeveloped (see condition of approval #1.18 in Exhibit B). 3. PROPOSED MOTIONS Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number CUP-08- 016 as presented in the staff report for the hearing date of July 3, 2008, with the following modifications to the conditions of approval: (add any proposed modifications). Ifurther move to direct Staff to prepare an appropriate fmdings document to be considered at the next Planning and Zoning Commission meeting on July 17, 2008. Denial After considering all Staff, Applicant, and public testimony, I move to deny File Number CUP-08- 016, as presented during the hearing on July 3, 2008, for the following reasons: (you must state specific reasons for denial and what the applicant could do to obtain your approval in the future). I further move to direct Staff to prepare an appropriate findings document to be considered at the next Planning and Zoning Commission meeting on July 17, 2008. Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Number CUP- 08-016 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: The site is located on the northeast corner of N. Locust Grove Road and E. McMillan Road (Depicted on the approved final plat for Woodland Springs Subdivision No. 1 as Lot 1, Block 1) Southwest % of Section 29, Township 4 North, Range 1 East b. Owner: Maverik, Inc. 880 W. Center Street North Salt Lake City, UT 84054 Maverik Locust Grove-McMillan CUP Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE DARING DATE OF JULY 3, 2008 c. Applicant/Contact: Brad McDougal, Maverik, Inc. 880 W. Center Street North Salt Lake City, Utah 84054 d. Present Zoning District: C-N (Neighborhood Business District) e. Present Comprehensive Plan Designation: Mixed Use -Neighborhood f. Description of Applicant's Request: The Applicant is requesting Conditional Use Permit (CUP) approval fora 4,377 square foot convenience store and fuel sales facility for Maverik in a C-N zoning district. Design Review approval is also requested for the proposed structure and site. g. Description of Applicant's Justification for CUP Approval: Taken from Applicant's narrative: "Maverik is proposing a 4,377 square foot convenience store with 5 fueling dispensers located on the northeast comer of Locust Grove and McMillan Road. The Maverik lot will contain approximately 1.42 acres and shall have access through the adjoining lots to both Locust Grove and McMillan Roads. Cross-access easements will be recorded." 5. PROCESS FACTS a. The subject application will, in fact, constitute a conditional use as determined by City Ordinance. By reason of the provisions of Idaho Code, Title 67, Chapter 65, and UDC 11-SA-2D, a public hearing is required before the Planning and Zoning Commission on this matter. b. The subject application will, in fact, constitute design review as determined by City Ordinance. By reason of the provisions of UDC 11-SA-2D, this type of application is approved at administrative level by the Director. c. Newspaper notifications published on: June 16, and 30, 2008 d. Radius notices mailed to properties within 300 feet on: June 6, 2008 e. Applicant posted notice on site by: June 20, 2008 6. LAND USE a. Existing Land Use(s): Vacant b. Description of Character of Surrounding Area: The surrounding area consists of rural and urban single-family residential uses and an Idaho Power substation. The adjacent property to the east has been approved for Portico Subdivision, a 261ot residential development, but is not yet in the development process. c. Adjacent Land Use and Zoning 1. North: Rural residential property, zoned RUT (Ada County) 2. East: Rural residential property, approved fora 26-lot residential subdivision (Portico), zoned R-8 3. South: Idaho Power substation, zoned R-8 4. West: Rural and urban residential properties, zoned RUT (Ada County) & R-4 d. History of Previous Actions Pertaining to this Site: • A Comprehensive Plan Map Amendment (CPA-07-014) was approved (Resolution #08- 593) in 2008 to change the future land use map designation for the subject property, and Maverik Locust Grove-McMillan CUP Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2008 Woodland Springs subdivision as a whole, from Medium Density Residential to Mixed Use -Neighborhood. • This property was annexed (AZ-07-014, Ordinance #08-1349) in 2008 with a C-N zoning district. A Development Agreement (Instrument #108022886) was approved and recorded with the annexation that included provisions for development of the property. Specific provisions of the DA required CUP approval for a convenience store/fuel station use on the subject property and DES approval of the proposed structures and site. • A Preliminary Plat (PP-07-019) for Woodland Springs Subdivision was approved with the AZ and CPA applications. The PP consisted of 4 commercial building lots on 7.55 acres. • A Final Plat (FP-08-003) was approved in 2008 for the first phase of Woodland Springs subdivision consisting of 3 commercial building lots and 1 common lot on 4.52 acres. • A Final Plat Modification (MFP-08-004) has been submitted to modify the landscape plan approved with the final plat for Woodland Springs Subdivision No. 1, as shown in Exhibit A.4; the hearing is scheduled for the July 8, 2008 City Council meeting. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Main is to be installed with the Woodland Springs Subdivision. Services will need to be installed to the new purposed building. Location of water: Main is to be installed with the Woodland Subdivision. Services will need to be installed to the new purposed building. Issues or concerns: None 2. Vegetation: There are no existing trees on the site. Several existing trees were previously removed from the site and are being mitigated for in compliance with the requirements listed in UDC 11-3B-10, as shown on the landscape plan. 3. Floodplain: NA 4. Canals/Ditches Irrigation: There are no waterways that currently run through the subject property. However, the Lemp Canal is proposed to be relocated from the south side of McMillan Road to the north side of McMillan within the street buffer area on the subject property. See below for details on landscaping in this area. 5. Hazards: No hazards are known to exist on the site. 6. Existing Zoning: C-N 7. Lot Size: 1.42 acres f. Conditional Use Information: 1. Non-residential square footage: 4,377 square feet 2. Hours of Operation: 24 hours per day, 7 days a week g. Off-Street Parking: 1. Parking spaces required: 9 2. Parking spaces provided: 26 (including 2 handicap stalls; not including spaces in fueling area) Maverik Locust Grove-McMillan CUP Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2008 3. Compact spaces proposed: 0 Per UDC 11-3C-6B, one parking space is requited per S00 square feet of gross floor area in commercial districts; the proposed parking exceeds this requirement. h. Landscaping 1. Width of street buffer(s): A minimum 35-foot wide buffer is required to be constructed along E. McMillan Road, an entryway corridor and minor arterial street. A minimum 25-foot wide buffer is required to be constructed along N. Locust Grove Road, a minor arterial street. Landscaping within the street buffers shall comply with the landscaping standards listed in UDC 11-3B-7. 2. Width of buffer(s) between land uses: NA (There are no residential uses that abut this site.) 3. Other landscaping standards: Parking lot landscaping is required in accordance with the standards listed in UDC 11-3B-8C. i. Required dimensional standards for the C-N zone, per UDC 11-2B-3: DIMENSIONAL STANDARDS' C-N Front setback in feet 20 Rear setback in feet 25 Interior side setback in feet 0 Street landsca buffer in feet Local 10 Collector 20 Arterial 25 En a corridor 35 Interstate 50 Landscape buffer to residential uses in feet "* 20 [see note below] Maxmum buildin hei ht in feet 35 Maximum building size without design standard approval as set forth in 11-3A 3 ins uare feet 7,500 Parking requirements See Chapter 3 Article C. off-street parking and loading re uirements Landsca in re uirements See Cha ter 3 Article B. landsca in re uirements *All setbacks shall be measured from the ultimate right-of--way for the street classification as shown on the adopted Transportation Plan. **minimum setback only allowed with reuse of existing residential structure. ***UVhere the adjacent property is vacant, the Director shall determine the adjacent property desi nation based on the Com rehensive Plan desi nation. Note: Pet UDC 11-4-3-20 (Specific Use Standards for Fuel Sales Facility) requires the total height of any overhead canopy or weather protection device to not exceed 20 feet. The proposed canopy height is 19 feet measured from finish grade to the top of the canopy, which complies with this requirement. j. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access for this site is proposed from one off-site access point to/from N. Locust Grove Road and one off-site access point to/from E. McMillan Road across Lot 2, Block 1, of Woodland Springs Subdivision No. 1 via a blanket cross-access easement depicted on the final plat. No additional access points are proposed with this application and none are approved. A blanket cross-access easement is depicted on the final plat for all lots within the subdivision. Staff and ACRD are supportive of the proposed off-site access points to the site. Please see Staff's comments below in Section 10, for Maverik Locust Grove-McMillan CUP Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2008 more information. 7. COMMENTS MEETING On June 13, 2008, a joint agency and departments meeting was held with service providers in this azea. The agencies and departments present included: Meridian Fire Department, Meridian Pazks Department, Meridian Public Works Department, Meridian Police Department, and the Sanitazy Services Company. Staff has included comments, conditions, and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Mixed Use - Neighborhood." In Chapter VII of the Comprehensive Plan, mixed use azeas generally provide for a combination of compatible land uses, that are typically developed under a master or conceptual plan. The purpose of the mixed use designation is to identify key azeas which aze either infill in nature or situated in highly visible or transitioning areas of the city where innovative and flexible design opportunities aze encouraged. The intent of this designation is to offer the developer a greater degree of design and use flexibility. Areas designated as "Mixed Use -Neighborhood" are allowed up to 10 acres of non-residential uses; up to 100,000 squaze feet of non-residential building azea; and residential densities of 3 to 8 dwelling units per acre. Sample uses include: grocery stores, drug stores, coffee/sandwich shops, dry cleaner/Laundromat, salons, daycaze, professional offices, medicaVdental clinics, retail/gift shops, schools, pazks, churches, clubhouses, and public uses. Staff finds that the request generally conforms to this stated purpose and intent of the Mixed Use -Neighborhood designation within the Comprehensive Plan. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis below policy in italics): • "Develop methods, such as cross-access agreements, frontage roads, to reduce the number of existing access points on arterial streets." (Chapter VI, Goal II, Objective A, Action item 12) There are two access points to/from Woodland Springs Subdivision from adjacent arterial streets; one from N. Locust Grove Road and one from E. McMillan Road. The subject property is accessed via a blanket cross-access easement across Lot 2, Block 1 that is depicted on the final plat for all lots within the subdivision. • "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.):' (Chapter VII, Goal IV, Objective D, Action item 4) A 2S foot wide landscape street buffer was required along N. Locust Grove Road, a minor arterial street; and a 3S foot wide landscape buffer was required along E. McMillan Road, a minor arterial street and entryway corridor, with approval of the plat. Said buffer should be landscaped in accordance with the standards listed in UDC 11-3B-7C and installed with the improvements for the subdivision. • "Permit new ...commercial development only where urban services can be reasonably provided at the time of fmal approval and development is contiguous to the City." (Chapter IV, Goal I, Objective A, Action item 6) This property is currently in the City and is able to be provided with City services. "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal 1, Objective B) Maverik Locust Grove-McMillan CUP Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2008 The proposed convenience store and fuel sales facility is the only such business in the general vicinity. It is expected that a variety of commercial/off ce uses will develop on the adjacent lots in Woodland Springs Subdivision. • "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action item 5) Internal parking lot landscaping is proposed with this application and should be installed and maintained in accordance with the applicable standards listed in UDC 11-3B-7 and 11- 3E-8. Staff believes that the proposed use is consistent with the Comprehensive Plan and is compatible with the existing and future surrounding uses. Staff recommends that the Commission rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's request is appropriate for this property. 9. ZONING ORDINANCE a. Allowed Uses in Commercial Districts: UDC Table 11-2B-2 lists the principal permitted, accessory, and conditional uses in the C-N zoning district. Retail stores, personal or professional services, healthcare or social services, and restaurants are all principal permitted uses in the C-N district. Fuel sales facilities required CUP approval in the C-N zoning district. Additionally, there is specific use standards listed in UDC 11-4-3-20 for fuel sales facilities that the applicant must comply with. b. Purpose Statement of the Commercial Districts: The purpose of the commercial districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. The allowed uses in the C-N district are primarily small-scale convenience type uses. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: Staff is generally supportive of the CUP request as proposed, with the following comments: CUP: The applicant submitted two site development plans (included as Exhibits A.2 & A.3) for the property. The site plan labeled as "CUP Site Plan" shows the proposed off-site access from Locust Grove; the site plan labeled as "Architectural Site Plan," Sheet C-0.1 shows the proposed off-site access from McMillan. Both of the site plans depict a 4,377 square foot convenience store with an outdoor picnic area and 5 fueling islands. Per UDC 11-2B-2, retail uses are principal permitted and fuel sales facilities are a conditional use in the C-N district. However, the existing Development Agreement for Woodland Springs Subdivision specifically requires CUP approval for the proposed convenience store and fuel sales facility. Dimensional Standards: Per UDC 11-2B-3, there is a 20-foot front setback and 25-foot rear setback requirement in the C-N zoning district. There is not a required setback on interior sides. Where landscape buffers are required, buildings must be setback at least the width of the required buffer, regardless of the required setback. The maximum building height in the C-N district is 35 feet; the highest peak of the proposed convenience store structure is 28'7", which complies with this requirement. Additionally, per UDC 11-4-3-20, the maximum height for overhead canopies or weather protection devices is 20 Maverik Locust Grove-McMillan CUP Page 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2008 feet; the proposed fuel canopy is 19' which complies with this requirement. Fuel Sales Facility: Per UDC 11-4-3-20, there aze Specific Use Standards that apply to the proposed fuel sales facility use of the property as follows: - When allowed as an accessory use, gasoline or diesel fuel sales facilities shall not occupy more than twenty-five percent (25%) of the subject property. The proposed fuel islands do not occupy more than 25% of the subject property. - The total height of any overhead canopy or weather protection device shall not exceed twenty feet (20'). The proposed canopy height is 19 feet, which complies with this requirement. - Vehicle stacking lanes shall be available on the property but outside the fueling azeas. Stacking lanes shall have sufficient capacity to prevent obstruction of the public right-of- way by patrons. Such stacking lanes shall be separate from areas required for access and pazking. The stacking lanes shall not be located within ten feet (10') of any abutting residential districts. The submitted site plan shows adequate stacking area on the site outside of the fueling areas. No residential uses or districts abut the site. - If the use is unattended, the standards in accord with Section 11-3A-11 of this Title shall also apply. Not applicable (the use is attended) Building Elevations: Building elevations for the proposed convenience store and fuel canopy were submitted with this application and aze included in Exhibit A. Exterior materials for the convenience store aze proposed to be EFIS (Exterior Insulation and Finish System - i.e. synthetic stucco) with stone veneer accents. The roof and awning aze proposed to be metal. Building materials for the fuel canopy are proposed to be pre-fmished metal trim with vinyl to match the convenience store. The fuel canopy columns aze proposed to be clad with aluminum and match the color of the EIF5, and the bottoms will be accented with cultured stone veneer. Further, the fuel canopy is proposed to consist of materials that coincide with those proposed on the convenience store. The proposed building and fuel canopy shall be constructed in accordance with the elevations shown in Exhibit A. Staff is generally supportive of the proposed elevations with the conditions noted below under the Design Review section. Access: Access for this site is proposed from one off-site access point to/from N. Locust Grove Road and one off-site access point to/from E. McMillan Road across Lot 2, Block 1, of Woodland Springs Subdivision No.l via a blanket cross-access easement depicted on the final plat. No additional access points aze proposed with this application and none aze approved. Direct lot access to N. Locust Grove Road and E. McMillan Road is prohibited. A blanket cross-access easement is depicted on the final plat for all lots within the subdivision. Staff and ACRD are supportive of the proposed off-site access points to the site. Parldng: Per UDC 11-3C-6B, in commercial districts, one off-street pazking space is required per 500 squaze feet of gross floor azea. Based on the total squaze footage of structures on the site (4,377 s.f.), 9 pazking stalls are required; 26 spaces are currently provided including 2 handicap stalls (pazking under the fuel canopy is not included). Additionally, per UDC 11-3C-6G, one bicycle parldng space is required to be provided for every 25 vehicle spaces, or portion thereof, in compliance with the standards listed in UDC 11-3C-5C. Per this requirement, a minimum of 2 bicycle spaces are required to be provided on the site. Site Plan: Staff has reviewed the site plans included in Exhibit A submitted with this application. The following items should to be shown on a revised site plan submitted with the Certificate of Zoning Compliance application: (Note: The scale on the plan labeled "Architectural Site plan " Maverik Locust Grove-McMillan CUP Page 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2008 appears to be a little ofJ; please correct the scale so that it matches the dimensions depicted on the plan.) • Per UDC 11-3C-6G, provide a minimum of 2 bicycle parking spaces on the site in compliance with the standards listed in UDC 11-3C-SC. • An internal pedestrian pathway is required to be constructed at the northeast corner of the convenience store northeast across the drive aisle as shown in Exhibit A.7 (per the Development Agreement). Said pathway shall be distinguished from vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks. • Per UDC 11-3B-8C2a, landscape planters shall contain a minimum of 50 square feet and shall not be less than 5 feet in any dimension, measure inside curbs. The planter along the north boundary of the site adjacent to parking and sidewalk is less than S feet in width; revise plan accordingly to comply with this requirement. Landscaping: Staff has reviewed the landscape plan, included as Exhibit A.4, submitted with this application. The following items should be shown on a revised landscape plan submitted with the Certificate of Zoning Compliance: (Note: The scale appears to be off a little; revise the plan to coincide with the dimensions on the site plan per the requested modifications.) • Per UDC 11-3B-8C2a, landscape planters shall contain a minimum of 50 square feet and shall not be less than 5 feet in any dimension, measure inside curbs. The planter along the north boundary of the site adjacent to parking and sidewalk is less than S feet in width; revise plan accordingly to comply with this requirement. The three existing trees shown within the 30-foot wide irrigation easement shall be relocated on the site if the easement holder does not allow trees within the easement. • Provide street buffer landscaping within the buffers along Locust Grove Road and McMillan Road in accordance with the landscape plan approved with the final plat (prepared by Landmark Engineering & Planning, dated 1/30/08, stamped by Jed Wyatt on 4/24/08). In order to vary from the approved landscape plan, a final plat modification application shall be submitted for approval by City Council for an amendment to the approved landscape plan. (The applicant has submitted a final plat modification application to the City that is scheduled to be heard by City Council on 7/8/08.) Sidewalks: The architectural site plan depicts 5-foot wide sidewalks along N. Locust Grove Road and E. McMillan Road. Per UDC 11-3A-17C, detached sidewalks shall be required along all arterial streets. Staff recommends that minimum 5-foot wide detached sidewalks be constructed along both Locust Grove and McMillan Roads in compliance with the standards listed in UDC 11-3A-17. Note: ACI-ID is planning to construct the sidewalk along McMillan on the south side of the relocated Lemp Canal. Internal Pedestrian Walkways: As a provision of the DA for this site, internal pedestrian walkways shall be constructed as shown on the concept plan attached in Exhibit A.7, approved with the plat (shown in Exhibit C of the DA). The concept plan depicts a pathway at the northeast corner of the convenience store northeast across the drive aisle that is not shown on the site plan; this pathway shall be shown on a revised site plan. Multi-Use Pathway: Per the Meridian Pathways Master Plan, the City's multi-use pathway system is not planned to cross this site. A portion of the pathway is planned along the south side of McMillan Road, but has not yet been constructed. Outdoor Seating: An outdoor seating area is depicted on the site plan that consists of a couple of picnic tables covered by a trellis structure within a landscaped area to the north of the Maverik Locust Grove-McMillan CUP Page 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2008 convenience store. This amenity was required as a provision of the DA. Staff is supportive of the proposed outdoor seating area. Fencing: An 8-foot tall solid vinyl fence is proposed along the southeast corner of the building to screen the outdoor service and equipment area, in compliance with the standards listed in UDC 11-3A-12. Staff recommends this area be screened as proposed. Hours of Operation: The proposed hours of operation for the convenience store and fuel facility are 24 hours a day, 7 days a week. Staff does not object to the proposed hours of operation. However, the Commission should rely upon any public testimony provided to determine if the proposed hours of operation will be compatible with neighboring residential uses. Ditches, Laterals, and Canals: There are no ditches, laterals, or canals that currently traverse this site. However, a 30-foot wide Settler's irrigation easement is depicted on the site plan along the south property boundary where the Lemp Canal is proposed to be relocated by ACHD from the south side of McMillan Road. Per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, which intersect, cross or lie within the area being subdivided shall be covered. Note.: Because ACFID is relocating the Lemp Canal, a waiver is not required to be obtained by the applicant from the City Council if it is left uncovered; ACFID does not intend to cover it. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle- point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. Certificate of Zoning Compliance (CZC): A CZC application is required to be submitted, prior to issuance of building permits, for the proposed convenience store and fuel facility. The site/landscape plan submitted with the CZC shall be revised to comply with the conditions of approval listed in Exhibit B of this report and shall be submitted prior to establishment of the new use. All improvements must be installed prior to occupancy. DE5IGN REVIEW: Per the Development Agreement, all structures on the site are subject to the design review standards listed in UDC 11-3A-19C. This site is also subject to design standards because it is located adjacent to McMillan Road, an entryway corridor. The applicant has applied for Design Review approval of the proposed structures on the site with the subject CUP application. The applicant shall comply with the design standards listed in UDC 11-3A-19C as follows: 1. Architectural Character: a. Facades: Facades visible from a public street shall incorporate modulations in the facade, roof line recesses and projections along a minimum of twenty percent (20%) of the length of the facade. The facades of the c-store visible from McMillan & Locust Grove Roads have modulation, roof line recesses, and projections that meet this requirement. However, the facade of the fuel canopy does not comply with this requirement; the applicant shall revise the elevations to comply with this requirement, or relocate the canopy so it is not visible from a public street b. Primary public entrance(s): The primary building entrance(s) shall be clearly defined by the architectural design of the building. Windows, awnings, or arcades Maverik Locust Grove-McMillan CUP Page 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2008 shall total a minimum of thirty percent (30%) of the facade length facing a public street. The primary building entrance for the convenience store is defined by the architectural design of the building and an awning over the entrance. The windows and awnings shown on the west and south elevations exceed the required 30% of the facade. This requirement does is not applicable to the fuel canopy. c. Roof lines: Roof design shall demonstrate two or more of the following: a) overhanging eaves, b) sloped roofs; c) two (2) or more roof planes; d) varying parapet heights; and e) cornices. The proposed roof design of the c-store incorporates two roof planes, two parapet heights, and cornices, which complies with this requirement. The roof line proposed for the fuel canopy does not comply with this requirement; the applicant shall revise the elevations to closer correspond with the design of the c-store roof line. d. Pattern variations: At least two (2) changes in one (1) or a combination of the following shall be incorporated into the building design: color, texture and/ materials. The building design of the convenience store incorporates 2 d fferent colors of EFIS (synthetic stucco) with stone veneer, which complies with this requirement. The building design of the fuel canopy incorporates pre-finished metal trim, aluminum cladding around columns, and vinyl with cultured stone accents. A mix of colors is proposed on the fuel canopy. The design of the c-store and fuel canopy complies with this requirement. e. Mechanical equipment: All ground-level and rooftop mechanical equipment shall be screened to the height of the unit as viewed from the property line. An 8 foot tall fence is proposed to screen service equipment at the southeast corner of the building. All rooftop mechanical equipment shall be screened by the parapet as required. No mechanical equipment is proposed on the roof of the fuel canopy. 2. Color and materials: Exterior building walls shall demonstrate the appearance of high- quality materials of stone, brick, wood or other native materials. Acceptable materials include tinted or textured masonry block, textured azchitectural coated concrete panels, tinted or textured masonry block, or stucco or stucco-like synthetic materials. Smooth- faced concrete block, tilt-up concrete panels, or prefabricated steel panels aze prohibited except as accent materials. Exterior building materials for the c-store are proposed to be two d~erent colors of EFIS (Exterior Insulation and Finish System - i.e. synthetic stucco) with stone veneer accents. The roof and awning are proposed to be metal, which complies with this requirement. Building materials for the fuel canopy consist of pre- finished metal trim to match the roof/awning on the c-store, vinyl, and stone and aluminum clad columns. Several d fferent colors are proposed on the canopy. Staff believes the colors and materials proposed for the c-store and fuel canopy comply with this requirement. 3. Parking Lots: No more than seventy percent (70%) of the off-street parking azea for the structure shall be located between the front facade of the structure and abutting streets, unless the principal building(s) and/or pazking is/are screened from view by other structures, landscaping and/or berms. The parking shown on the site plan complies with this requirement. (This requirement does is not applicable to the fuel canopy.) 4. Pedestrian walkways: a. A continuous internal pedestrian walkway that is a minimum of eight feet (8') in width shall be provided from the perimeter sidewalk to the main building entrance. The walkway width shall be maintained clear of any outdoor sale displays, vending Maverik Locust Grove-McMillan CUP Page 11 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JiJLY 3, 2008 machines, or temporary structures. An 8 foot wide walkway is proposed from the sidewalk along Locust Grove Road to the sidewalk leading to the main entrance of the convenience store. An 8 foot wide walkway is not required (per the DA) from the sidewalk along McMillan to the main building entrance because ACFID proposes to not cover the Lemp Canal. b. The internal pedestrian walkway shall be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks. The internal pedestrian walkway that is proposed from Locust Grove Road to the sidewalk leading to the main building entrance should be constructed of decorative stamped concrete, as proposed. The pathway required from the sidewalk along McMillan Road to the main building entrance shall also be constructed of stamped concrete (unless the Lemp Canal remains open, in which case a pathway is not required). (This requirement does is not applicable to the fuel canopy.) c. Walkways at least eight feet (8') in width, shall be provided for any aisle length that is greater than one-hundred fifty (150) parking spaces or two hundred feet (200') away from the main building entrance. NA (This requirement does is not applicable to the fuel canopy.) d. The walkways shall have weather protection (including but not limited to an awning or arcade) within twenty feet (20') of all customer entrances. The elevations show an awning over the main building entrance, which complies with this requirement. (This requirement does is not applicable to the fuel canopy.) b. Staff Recommendation: Staff recommends approval of CUP-08-016 for a convenience store and fuel sales facility, as presented in the Staff Report for the hearing date of July 3, 2008, based on the Findings of Fact as listed in Exhibit C and subject to the conditions of approval listed in Exhibit B. The Meridian Planning & Zonine Commission heard this item on July 3, and 17.2008. At the public hearins on July 17. 2008 they moved to approve the subiect CUP request. 11. EI~~ITS A. Drawings 1. Vicinity/Zoning Map 2. CUP Site Plan (prepared by Dixon + Associates, dated 4/9/08) 3. Architectural Site Plan (prepared by Dixon + Associates, dated 1/29/08) 4. Landscape Plan (prepared by Dixon + Associates, dated 1/29/08, labeled as Sheet L1.0) 5. Building Elevations 6. Fuel Canopy Elevation 7. Conceptual Site Plan Approved with the Preliminary Plat B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department Maverik Locust Grove-McMillan CUP Page 12 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2008 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District C. Required Findings from the Unified Development Code Maverik Locust Grove-McMillan CUP Page 13 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2008 A. Drawings 1. Vicinity Map Exhibit A Page I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JiJLY 3, 2008 2. Site Plan (prepared by Dixon + Associates, dated 4/9/08, labeled as Sheet CUP Site Plan) ~n,~d~na, ~a o u ~~ z~,,, ^ ~;~~ ~ -- ~' p ,~ a `~ ;~~, ~® ,.~ ,•. J ~~., ~a~ ~ ~., r~~~ ~~ ~~~ ~..~..~ ~~~~ ~''~"~ ~ ' r~~~ ~~ - - ,~~~, -, ~~~ ~~~ o ~~ I ~. ~~ o ~- a ~ ~~~ <- `~s'~ ~~ :~ ~~ Qa~~ ~~ ~,® c.u.P. SITE PLAN Exhibit A Page I a~~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2008 3. Architectural Site Plan (prepared by Dixon + Associates, dated 1/29/08) Exhibit A Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2008 4. Landscape Plan (prepared by Dixon + Associates, dated 1/29/08, labeled as Sheet L1.0) Y. w °x c5 ViaY n.~~~ W ... 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Building Elevations (prepared by Dixon + Associates, dated 1/25/08, labeled as Sheets A-2.1 and A-2.2) a~~_ ~~ ~ l l 1 1 1 ° ~_ ~~ ~ ~ ~ . . ~ ~ ~' r .' . ~ i =~ mmae~. ne~aemnu uT.~a ~- - - - - ----- mnu.m aw a ~e~nm euv~ ~ d ~ ~~ ~. _ ~Q~ a g a ~~a a a ~~ ~aa um.rmna aarmo~us i ~n-®ma ~1lBitD! EIHRIm a ~i6~f Wl Exhibit A Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2008 00 g d~ ~~_. 0 ~sm~ 0 ~, 1 ~ ~ ~ b ~ /e naaraoennuw~ ~ aEV~~ A-&1 ~I O O ~- --- ~---~ ~---~- - ~~ del crane n~ II°° vm.P"° _~ Qe~.. 9 €L~ EIFYAliOtS J O O O ~ talcs' ~_ • ... nm Exhibit A Page I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2008 6. Fuel Canopy Section/Elevation wn.muao~o e oreorraaner~eranoe ~.. ~...~ coere~eroe eme we tee auaae~, aao<m, am ov~een~ramnoe a®u~reu Sao ete. em w.as roe mtatese~rue o~-•-~ o~...~,r o~~.~~; o~ m....~.~..~. o~^~~~.a°.., om o ~ ~~~m~ ~Sa.:. o~~~~~ p~~.~scaom.. pw,~s~sosos O~CFS.~~®.. ®~~~sme ems.. s ~~ ~ em ~~ GANOPr mstmr eat~e, ELE11a1~Y8 a~ a rnaeran v~rseo n ra~eretevan® raea~r~nma A-2.! Exhibit A Page 1 .~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2008 7. Conceptual Site Plan Approved with the Preliminary Plat Exhibit B Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2008 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 The site plans, attached as Exhibits A.2 and A.3, aze approved, with the conditions listed herein. The Applicant shall comply with all applicable conditions of approval associated with this site (AZ-07-014 and Development Agreement Instrument No. 108022886, PP-07-019, and FP-08- 003). The applicant shall revise the site plan(s) as follows: a. The scale on the plan labeled "Architectural Site plan" appeazs to be a little off; please correct the scale so that it matches the dimensions depicted on the plan. b. Per UDC 11-3C-6G, provide a minimum of 2 bicycle pazking spaces on the site in compliance with the standazds listed in UDC 11-3C-SC. c. Per UDC 11-3B-8C2a, landscape planters shall contain a minimum of 50 square feet and shall not be less than 5 feet in any dimension, measure inside curbs. The planter along the north boundary of the site adjacent to parking and sidewalk is less than 5 feet in width; revise plan accordingly to comply with this requirement. d. An internal pedestrian pathway is required to be constructed at the northeast comer of the convenience store northeast across the drive aisle as shown in Exhibit A.7 (per the Development Agreement). Said pathway shall be distinguished from vehiculaz driving surfaces through the use of pavers, colored or scored concrete, or bricks. 1.2 The landscape plan, attached as Exhibit A.4, is approved with the following modifications: a. Per UDC 11-3B-8C2a, landscape planters shall contain a minimum of 50 square feet and shall not be less than 5 feet in any dimension, measure inside curbs. The planter along the north boundary of the site adjacent to parking and sidewalk is less than S feet in width; revise plan accordingly to comply with this requirement. b. The three existing trees shown within the 30-foot wide irrigation easement shall be relocated on the site if the easement holder does not allow trees within the easement. c. Provide street buffer landscaping within the buffers along Locust Grove Road and McMillan Road in accordance with the landscape plan approved with the final plat (prepared by Landmark Engineering & Planning, dated 1/30/08, stamped by Jed Wyatt on 4/24/08). In order to vary from the approved landscape plan, a final plat modification application shall be submitted for approval by City Council for an amendment to the approved landscape plan. (The applicant has submitted a ,final plat modification application to the City that is scheduled to be heard by City Council on 7/8/08.) 1.3 The applicant shall comply with the applicable Specific Use standards listed in UDC 11-4-3-20 for fuel sales facilities as follows: a. The total height of any overhead canopy or weather protection device shall not exceed 20 feet (proposed at 19 feet). b. Vehicle stacking lanes shall be available on the property but outside the fueling azeas, as proposed. Stacking lanes shall have sufficient capacity to prevent obstruction of the public right-of--way by patrons (as determined by ACHD). Such stacking lanes shall be separate from areas required for access and parking. 1.4 Building elevations for the convenience store shall comply with the elevations shown in Exhibit A.S. The building elevations for the fuel canopy shall be revised per the conditions noted in #1.7 below. Exhibit B Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2008 1.5 Minimum 5-foot wide detached sidewalk shall be constructed along both Locust Grove and McMillan Roads in compliance with the standards listed in UDC 11-3A-17. 1.6 An 8-foot tall solid vinyl fence shall be constructed around the outdoor service and equipment area at the southeast corner of the building as proposed, in accordance with the standards listed in UDC 11-3A-12 for outdoor equipment and service areas. 1.7 The applicant's request for Design Review (DES-08-020) approval of the proposed structures and site is approved with the following modifications to the fuel canopy elevations: a. Facades visible from a public street shall incorporate modulations in the facade, roof line recesses and projections along a minimum of twenty percent (20%) of the length of the facade. Revise the fuel canopy elevations to comply with this requirement. b. Roof design shall demonstrate two or more of the following: a) overhanging eaves, b) sloped roofs; c) two (2) or more roof planes; d) varying parapet heights; and e) cornices. Roof design of the fuel canopy shall be revised to more closely coincide with the convenience store roof line. 1.8 The applicant shall submit a Certificate of Zoning Compliance application with revised plans that comply with the site plan, building elevations, and conditions of approval listed herein, prior to issuance of building permits. 1.9 Direct lot access to N. Locust Grove Road and E. McMillan Road is prohibited. The final plat, which notes that all lots within the subdivision are subject to a blanket cross-access easement for ingress/egress and parking, shall be recorded prior to occupancy of the proposed structure. Or, a separate blanket cross-access agreement for ingress/egress and parking shall be recorded for all lots within the subdivision. 1.10 Unless modified by the Commission, business hours of operation are not limited for this use on this site. 1.11 A car wash facility shall not be allowed on this site, per the Development Agreement. 1.12 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. 1.13 No new signs are approved with this CUP application. All business signs require a separate sign permit in compliance with the sign ordinance (UDC 11-3D). 1.14 The Applicant shall have a maximum of 18 months to commence the use as permitted in accord with the conditions of approval listed above. If the business has not begun within 18 months of approval, a new conditional use permit must be obtained prior to operation. 1.15 The hours of operation of the convenience store and fuel sales facility shall be restricted to the hours between 6 am and 11 pm, 7 days a week. 1.16 A type 1 vapor recovery system shall be installed at the fuel facility. 1.17 The applicant shall work with ACHD to obtain a license agreement to install landscaping and irrigation sprinklers on the property south of the detached sidewalk along McMillan Road to the edge of the future back of the curb. Applicant shall also be responsible for maintaining this area. Exhibit B Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NLY 3, 2008 1.18 The applicant shall submit a road trust to Ada County l3iehwav District for the cost of a minimum five foot wide detached sidewalk alone McMillan Road once that road has redeveloped. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer Main is to be installed with the Woodland Springs Subdivision. Services will need to be installed to the new building at the developer's expense. 2.2 Water Main is to be installed with the woodland Springs Subdivision. Services will need to be installed to the new building at the developer's expense. 2.3 The City of Meridian requires that pressurized irrigation systems be supplied by a yeaz-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common azeas prior to signature on the final plat by the City Engineer. 2.4 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.5 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.6 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to the issuance of a certification of occupancy for any structures within the project. 2.7 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.8 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.9 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.10 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.11 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or the ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 3. FIRE DEPARTMENT 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. Exhibit B Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JiJLY 3, 2008 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4'/z" outlet face the main street or pazking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant mazkers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on comers when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be placed 18" above finished grade to the center of the 4 %z" outlets. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.4 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface aze required before combustible construction is brought on site. 3.5 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.6 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.7 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route azound the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns related to the site design submitted with the application. 5. PARKS DEPARTMENT 5.1 The Pazks Department has no concerns with the site design as submitted with the application. 6. SANITARY SERVICES COMPANY 6.1 No comments were submitted by SSC for this application. 7. ADA COUNTY HIGHWAY DISTRICT ACHD submitted a letter to the City stating that this application is subject to the conditions of approval of Woodland Springs Subdivision as follows: 7.1 Site Specific Conditions of Approval 7.1.1 Dedicate 41-feet ofright-of--way from the centerline of McMillan Road abutting the pazcel. The right-of--way purchase and sale agreement and deed must be completed and signed by the Exhibit B Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2008 applicant prior to scheduling the fmal plat for signature by the ACRD Commission or prior to issuance of a building permit (or other required permits), whichever occurs fast. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The District will purchase the right-of--way which is in addition to existing right-of--way from available Corridor Preservation Funds. 7.1.2 Provide the District with a 30-foot canal easement, as proposed for the future relocation of the Lemp Canal to the north side of McMillan Road abutting the entire site. 7.1.3 Provide the District with a road trust in the amount of $11,375 for the future construction of the sidewalk abutting the site on McMillan Road with the District's intersection improvement project. 7.1.4 Dedicate 35-feet ofright-of--way from the centerline of Locust Grove Road abutting the parcel. The right-of--way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the fmal plat for signature by the ACRD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The District will purchase the right-of--way which is in addition to existing right-of--way from available Corridor Preservation Funds. 7.1.5 Construct a 5-foot detached concrete sidewalk a minimum of 28-feet from the centerline of the Locust Grove Road abutting the site. Provide an easement for any segment of the sidewalk located outside of the right-of--way. 7.1.6 Complete Beethoven Avenue as a 36-foot street section (measured back of existing curb to back of new curb) and construct curb, gutter and 5-foot attached concrete sidewalk within 50-feet of right-of--way. 7.1.7 Construct one full access driveway to intersect Locust Grove Road approximately 360-feet north of McMillan Road, as proposed. 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. The driveway is restricted to a maximum width of 36-feet. 7.1.8 Construct one full access driveway to intersect Beethoven Avenue approximately 74-feet north of McMillan Road, as proposed. 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. The driveway is restricted to a maximum width of 36-feet. 7.1.9 Other than the access specifically approved with this application, direct lot access is prohibited to McMillan Road and Locust Grove Road shall be noted on the fmal plat. 7.1.10 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACRD roadway or right-of--way. 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. Exhibit B Page 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JiJLY 3, 2008 7.2.5 Comply with the District's Tree Planter Width Interim Policy. 7.2.6 Utility street cuts in pavement less than five yeazs 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. 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standazds and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepaze and certify all improvement plans. 7.2.8 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. 7.2.9 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. 7.2.10 Payment of applicable road impact fees aze required prior to building construction. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 7.2.11 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 (1-811-342-1585) at least 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 (spaze or filled) are compromised during any phase of construction. 7.2.12 No change in the terms and conditions of this approval shall be valid unless they aze 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. 7.2.13 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/vaziance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Exhibit C Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JiJLY 3, 2008 C. Required Conditional Use Permit Findings from UDC The Commission shall base its determination on the Conditional Use Permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The Commission finds that the existing site is large enough to accommodate the proposed use and comply with the dimensional and development regulations of the C-N zoning district. Staff recommends the Commission rely on Staffs analysis and any oral or written public testimony provided when determining if this site is large enough to accommodate the proposed use. 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The Commission finds that the Comprehensive Plan Future Land Use Map designation for this property is Mixed Use -Neighborhood. The property is currently zoned C-N, which complies with this designation. The proposed use is generally harmonious with the requirements of the UDC (See Sections 8 and 10 above for more information regarding the requirements for this use). 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the e~sting or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The Commission finds that, if the Applicant complies with the conditions outlined in this report, the Development Agreement and previous conditions of approval for this site, the operation of the proposed use should be compatible with other uses in the general neighborhood and with the existing and intended character of the area. Further, the Commission believes that the proposed use will not adversely change the essential character of the area. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The Commission finds that, if the Applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fu•e protection, drainage structures, refuse disposal, water, and sewer. The Commission finds that the site will be adequately served by the previously mentioned public facilities and services. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. If approved, the Applicant will be financing any improvements required for development. The Commission finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community's economic welfare. 7. 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. Exhibit C Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2008 The Commission recognizes that traffic and noise is a concern; however, the Commission does not believe that the amount generated by the proposed new use of the property will be detrimental to any persons, property, or the general welfaze of the public. Staff does not anticipate the proposed use will create excessive noise, smoke, fumes, glaze, or odors. 8. 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. The Commission fords that there should not be any health, safety or environmental problems associated with the proposed use. The Commission finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic, or historic feature of major importance. Exhibit C Page 4 Transportation Projects in South Meridian Long Range Plans to Upcoming Construction SeptemUer 29, 2008 Regional Long Range Plan o Federally Mandated . Updated every four years -next update 2010 o Prepared by Community Planning Association of Southwest Idaho (COMPASS) o Communities in Motion -Adopted Long Range Plan . Identifies corridors for future improvement based on anticipated, growth-related needs. Regional Long Range Plan o Communities in Motion Corridors in South Meridian: . Amity Road -widen from 2 to 5 lanes . Black Cat Road -widen from 2 to 5 lanes (UF) . Lake Hazel Road -widen from 2 to 5 lanes . Linder Road -widen from 2 to 5 lanes (UF) . McDermott Road -widen from 2 to 5 lanes from Lake Hazel to I-84 . Ten Mile Road -widen from 2 to 5 lanes Mid-Range Plan oCapital Improvements Plan (CIP) o Prepared by Ada County Highway District t~ Mandated by State oUpdated every 3 years o Identifies intersection and roadway improvements needed in 6 to 10 and 11 to 20 years; based on anticipated growth. . Includes nearer-term improvements based on the Five Year Work Plan. Mid-Range Plan oCIP Projects in South Meridian . Amity Road, McDermott to Eagle 011 to 20 years; mostly ROW preservation for 3 to 5 lane roadway; Locust Grove to Eagle - 5 lanes. . Black Cat Road, Amity to Overland 0 11 to 20 years; ROW for 3 lanes. . Eagle Road, Lake Hazel to Overland o Victory to Ridenbaugh - 5 lanes in 2010/2011; Lake Hazel to Victory - 5 lanes, 11 to 20 years. Mid-Range Plan o CIP Projects in South Meridian . Lake Hazel, Meridian to Eagle 0 11 to 20 years; 3 lanes (ROW only) from Meridian to Locust Grove; 5 lanes from Locust Grove to Eagle. . Overland Road, Ten Mile to Eagle o Ten Mile to Linder, widen to 5 lanes in 6 to 10 years; Meridian to Eagle, ROW for 7 lanes. . Ten Mile Road, Lake Hazel to Overland o Lake Hazel to Victory, widen to 5 lanes in 11 to 20 years; Victory to Overland, 5 lanes in 6 to 10 years. 2 Mid-Range Plan = ~ ~- '~ ~ ~ e+o~ a sae a~+` e ~ ~~ian. °D u / Lepena m ;s s~tvrMecro ee es vroroar ~ ~, .~ ,w. we= sw,. °° ~ ,.~. ~. ~~ -n- wm.imne si e~'ml..i ~ e s ao to~- mmAaciwn~~+ TTjj o ee ~ ao as n a, r. 5 ACRD Capital Improvement Plan Near-Term Plan o Five Year Work Plan (FYWP) ®Prepared by Ada County Highway District o Updated Annually o Includes Arterials, Collectors, Intersections, Bridges, and Community Program Projects (sidewalks, safe routes to school, etc.) Near-Term Plan oFYWP Projects in South Meridian . Ten Mile and Amity Intersection: 2011 oDesign and construct a roundabout at intersection. . Eagle, Victory to Ridenbaugh: 2010/2011 oWiden roadway from 2-lanes to 5-lanes, including curb, gutter, sidewalk and bike lanes. The project includes Installing traffic signals at the Eagle Road intersections of Easy Jet and Victory Road. Anew bridge will be built over the Ridenbaugh Canal, near the Meridian Fire Station. 3 Near-Term Plan o~ _ m ~ ) 2 'f ~ 1 ~ ,t ~ m. • mo. , Om~ ©m~ ~ s~ • ~ ~ ~~ ... __ _ - O ~ ~ ` ~' ' ` ~ 5 Y u U g j ~ ~ ,- . 1 T 1 i ' O t i~ 49 33 ` 47 ` \ ~ a ~ AC 1 I •~ L ACHD Five Year Work Plan Plan Updates o Communities in Motion, the FYWP, and the CIP will be updated in the next few years. o Updates will reflect recent construction cost escalations and adjusted revenue projections. d Other plans in process may shape updates. o PLANS MAY CHANGE SUBSTANTIALLY!!!! o Watch ACRD and COMPASS websites for opportunities to provide input: . www.achd.ada.id.us . www.comoassidaho.org 4 Minutes from the July 17, 2008 Planning & Zoning Commission Meeting Item 7: Continued Public Hearing from July 3, 2008: CUP 08-016 Request for Conditional Use Permit approval for a convenience store and fuel sales facility in a C-N zoning district per requirement of the Development Agreement for Maverik (Locust Grove/McMillan) by Maverik, Inc. - NEC of N. Locust Grove Road and E. McMillan Road: Moe: At this time I'd like to open the continued public hearing for CUP 08-016 for the Maverick and have the staff report. Wafters: Thank you, Chairman Moe, Commissioners. The application before you is a Conditional Use Permit for a convenience store and fuel sales facility for Maverick in a C-N zoning district per requirement of the development agreement for Woodland Springs Subdivision. The property is located on the northeast corner of the Locust Grove and McMillan Road. Surrounding uses are - to the north single family rural residential property, zoned RUT in Ada county. To the east is rural residential property, approved fora 26 lot residential subdivision, Portico Subdivision, zoned R-8. To the south is an Idaho Power substation, zoned R-8. To the west are rural and urban residential properties, zoned RUT and R-4. The history on this property -- a comp plan amendment was approved in 2008, this year, to change the future. land use map designation of this site and the surrounding Woodland Springs Subdivision from medium density residential to mixed use neighborhood. It was annexed also earlier this year with a C-N zoning district. A development agreement was approved that required conditional use approval for a convenience store and fuel station use on the subject property and design review approval of the proposed structures and site. A preliminary plat for Woodland Springs Subdivision was approved with the annexation and comp plan amendment applications. The plat consisted of four commercial building lots on 7.55 acres and that is in the red area here. The final plat was approved early this year for the first phase of Woodland Springs Subdivision in which this property lies, consisting of three commercial building lots and one common lot on 4.52 acres. The final plat modification was approved last week at Council to modify the landscape plan approved with the final plat for Woodland Springs Subdivision phase one. This is an aerial view of the property. There was an existing residence on it that has since been torn down. Here is a copy of the site plan. The site is located on an entryway corridor, McMillan Road, and is subject to design standards for the site and the buildings. I'm going to back up just a minute here. The Lemp Canal is currently located on the south side of the McMillan Road. ACHD is proposing to relocate it to the north side of McMillan with the road widening project at the intersection and that will probably take place in about 2011. The Lemp Canal will be located within a 50 foot wide Settler's irrigation easement. A 4,377 square foot convenience store is proposed on the site with a fuel station facility. A picnic area is proposed to the north of the building that has trellis structures and amenities there. Access is proposed off site to this lot from Locust Grove. Shows here on this site plan up here at the top into the site across the lot to the north via across-access agreement. Access point is also proposed to the east off of McMillan across this lot here to the site via cross-access easement also. No additional access points are proposed with this application and none are approved. Staff is requesting that an internal pedestrian pathway be added per the concept plan approved with the development agreement at the northeast comer of the convenience store across the drive aisle here to connect to the future development. An eight foot wide pathway is also proposed from the sidewalk along Locust Grove to the main building entrance per requirement of design review standards. Typically, an eight foot wide pedestrian pathway is required from the sidewalk adjacent to the entryway corridor. However, in this case, because the Lemp Minutes from the July 17, 2008 Planning & Zoning Commission Meeting Canal will remain open and will not be tiled, the applicant has proposed that connection from Locust Grove instead. Staff is in agreement with that. This is a copy of the proposed landscape plan that you see here. The final -- like I had mentioned earlier, a final plat modification was approved last week at Council that relocated some of the previously approved landscaping that was proposed for mitigation on the site to internally within the site. So, that has been approved. These are elevations of the proposed Maverick store. The building materials are proposed to consist of EIFS, synthetic stucco, with stone veneer accents as approved through the development agreement for this site. The fuel canopy elevations are there on the bottom. They are pre-finished metal trim with vinyl to match the convenience store. Columns are proposed to be clad with aluminum and match the color of the EIFS and the bottoms will be accented with cultured stone veneer. The canopy shall be revised to comply with the design standards as follows: Facades visible from a public street shall incorporate modulations in the facade, roof line recesses, and projections along a minimum of 20 percent of the line for the facade. These do not comply with that. Also, roof design shall demonstrate two or more of the following: Overhang eaves. Sloped roofs. Two or more roof planes. Varying parapet heights. And cornices. The roof design of the fuel canopy shall be revised to more closely coincide with the convenience store roof line. Hours of operation for the proposed convenience store are 24 hours a day. Staff has not placed any restrictions on the hours of operation. Staff is recommending that the Commission listen to any public testimony that may be provided tonight to determine if hours of operation should be restricted for this use. Some outstanding issues from the City Council hearing last week regarding the final plat modification -the Council wanted the following items addressed with this conditional use application. The applicant was directed to address the type of vapor recovery system proposed for the fuel facility at tonight's hearing. Also, the Commission -- excuse me -the Council wanted the Commission to add a condition of approval for the applicant to work with ACHD to obtain a license agreement to install landscaping and irrigation sprinklers on the property south of the detached sidewalk along McMillan Road, to the edge of the future back of curb. The applicant shall also be responsible for maintaining this area. Additionally, Council also wanted the Commission add a condition of approval for the applicant to submit a road trust to ACHD for a minimum five foot wide detached sidewalk along McMillan Road. They are not requiring that the applicant construct it at this time because of the road widening intersection improvements there, but would like the application to submit a road trust for that. Written testimony has been received from Val Greenspan, Jason Overy, Liz Pew, Susan Greenman, Bart Naylor, and Dr. John Knolls, the third. Staff is recommending approval for the conditions in the staff report, based on the findings in Exhibit B and previously mentioned modifications. Staff will stand for any questions the Commission may have at this time. Moe: Thank you very much, Sonya. Any questions? Okay. Mr. Rohm? Rohm: Sonya, are there building requirements for the other lots within that commercial development outside of the gas station itself? Waters: Oh, Chairman Moe, Commissioner Rohm, Commissioners, I believe that the whole subdivision was subject to design standards. Caleb's nodding yes. He worked on that originally, so yes. Rohm: Okay. What I'm curious about is if the design standards that will be employed for the balance of the buildings in this - in the commercial portion of this total development Minutes from the July 17, 2008 Planning & Zoning Commission Meeting and the Maverick station itself, if -- if they are going to look similar or if they are going to have the stucco as - as it's being proposed for this Maverick itself. If the balance of the buildings are going to have more of an upgrade, I would like to consider doing that with the Maverick station as well. That's kind of where I'm going with this. Wafters: Chairman Moe, Commissioner Rohm, Commissioners, I recall looking at elevations that were included in the development agreement. They all coincided with each other. I can't remember if they were stucco -- I think that they were -- to match the Maverick. I don't believe, however, that they had metal roofs on them as the Maverick is proposed to have. The applicant may be able to answer that question better than I. I don't have a copy of the development agreement with me tonight. Rohm: Okay. Thank you. Moe: Any other questions? Wafters: Let me add one more thing to that. The elevations of the proposed Maverick building were submitted with that development agreement when this annexation went through. The proposed elevations do match those that were approved. There were - there was an additional change that was made at that hearing that they provide stone accents and the applicant has done that on these elevations, so that's -- Rohm: That helps. Thank you. Moe: Would the applicant like to come forward, please. Murray: Good evening. Dan Murray, Maverick, Inc. 880 West Center Street in North Salt Lake, Utah. 84054. It's a pleasure to be with you. We are appreciative of the staff support with our application. We thank them. And we are -- and really have no issues with the items that they have requested of us. There are a couple of points of clarification. First, dealing with the column cladding. So, the canopy columns are about 12 inches square and, then, they are wrapped with an ALPOLIC material that's a combination of epoxy and aluminum, et cetera, to give them some substance. And in our newest generation of stores - I don't know if you have been in any of the newer Maverick stores, but Maverick's tag line is Adventure's First Stop. And if you go into the stores, if you see our tankers rolling down the road, you will see murals within the store that tie into adventure activities. We are on our newest generation of stores using some of that mural material in wrapping the canopy columns. So, the staff -- Sonya indicated that those columns would be a tan color, but I'm hoping that that doesn't preclude that from being wrapped with this adventure theme continuing from the outside of the store out to the canopy. If you're supportive of that, fantastic. It's not a big deal to us, but it's just for your clarification. The other items that I guess came from Council was the issue of vapor recovery. Currently in this area there are a couple of stages of vapor recovery. One is a stage one and the other is a stage two. I believe the Council had asked about stage two. Typically, stage one is implemented first and along the Watsach front we -- we comply with stage one. Everybody does. And that is a process whereby fumes that are -- as a tank is empty, obviously, there are fumes in it and as you deliver gas those fumes are forced out. With stage one vapor recovery, those fumes are, then, forced back into the tanker and returned to the refinery. Stage two vapor recovery is not quite as clear cut. The intent of stage two vapor recovery is to address vapors during the refueling process for cars and right now there is a lot of mixed feelings. In Utah there -- Minutes from the July 17, 2008 Planning & Zoning Commission Meeting we anticipated the stage two vapor recovery would be required and we've actually plumbed our stations for that. Now, it happens like -from some of the states that have applied this earlier in the process, such as California, that they are getting away from the stage two, because the newer vehicles actually have a vapor recovery mechanism on them and when you - if you plumb the station for it, there is conflict there and it doesn't work properly. So, I can -- I guess the short answer to the question is that certainly as stage one or stage two vapor recovery is required, we would have every intention of complying with it. The compliance with stage one is very easily done. It only affects a couple of components of the tank and most of our tankers are already fitted to accommodate that. Stage two is probably further down the road, if it were to come, and, again, we would comply with that and there is a variety of options. But, again, compliance on that topic in general is -- it's getting mixed reviews. So, if you have a question specific to the other portions of the development and the color schemes, et cetera, et cetera, Todd Meyer with Morgan Development is here tonight and he would be better suited to reply to that versus me speaking on his behalf, so -and I'm also happy to answer any questions. Moe: Okay. Are there any questions? Newton-Huckabay: I have none. Moe: Okay. Okay. First one on the list is Jeff Green. Green: Good evening, Chairman Moe and Commissioners. I have no axe to grind with Maverick. In fact, I -- Moe: Your address, please. Green: I live at 2199 East Handel and that is in Vienna Woods Subdivision. Moe: Thank you. Green: And, once again, I have no axe to grind with Maverick. I did fill up there this morning. But I do want to proceed, because I believe that construction of this planned gas station and retail store does not benefit any homeowners. There is no need or value to us. How many of you know how long it takes to drive to the nearest gas station from Locust Grove and McMillan? Only 90 seconds. That's right. Only 90 seconds, where Albertson's already has a gas station and a retail store at Eagle and McMillan. Again, there is no benefit to homeowners to build this station. This station will generate significant increased traffic at the intersection of Locust Grove and McMillan on two lane roads that are already overcrowded. This will cause increased driver irritation, longer waits, more congestion, as well as additional noise and exhaust pollution. Let's look at the current traffic issues. Currently -- CBH homes is building on the west side Locust Grove, which will add even more cars to the area. There are no plans to widen McMillan west of Locust Grove. There is a plan to widen McMillan east of Locust Grove, but it is currently unfunded and not scheduled. And there is no current plan to add lights to that intersection. If we look at the environment, certainly the beauty of the area will be denegrated by another 24 hour neon commercial experience. The environmental impact is totally negative, with increased pollution, increased traffic, and increased noise. In a time of going green and preserving our precious Idaho environment, another gas station only adds to the environmental pollution near our homes. And just as with other Minutes from the July 17, 2008 Planning & Zoning Commission Meeting commercial expansions and rejection by many neighborhoods across the country, we have to ask are we growing the right way, because it's not how big you grow, it's how you grow big. Meridian is a community that blends beauty and opportunity from our tree lined streets to our wonderful parks. Last week I heard Steve Siddoway, who is director of Meridian Parks and Rec, speak with passion about the park system. I like his ideas. Wouldn't this space be better served as a park or a green area or even a soft commercial, than another needless gas station with a retail store? Again, there is no homeowner benefit. We are fortunate to live in a unique area where people feel at home and experience a sense of community. Does a corner gas station, that is only one intersection from another gas station, make sense in such a community? Do reasonable people truly believe this project will add anything to our neighborhood? Your denial of this project would be a strong confirmation and a wonderful opportunity to engage in some thoughtful planning for our comer and, indeed, other comers in Meridian. Please do not let blatant commercialism squeeze another neighborhood again. There is no benefit to us to build this gas station. Please allow us to enjoy the quality of life that we have now. I appreciate the opportunity to speak with you. Thanks so much. Moe: Thank you. Green: And your questions? Newton-Huckabay: I have none. Moe: Thank you very much. Andy Mitchell. Mitchell: Good evening, Chairman Moe, Commissioners. Andy Mitchell, 2170 Mozart Court. I'm against the proposed 24 hour Maverick station. Like the previous speaker, I'm not against Maverick or a 24 hour station, simple this location. If you can click back to the aerial view, please. You can see from the location -- well, A, as Jeff pointed out, it's not convenient. There are four stations within a two mile radius there that are all convenient. Currently with the Locust Grove bridge being built, this intersection at commute hours becomes very congested. I think to use the phrase I heard earlier, when you see our tankers rolling down the road with the graphics -- well, tankers rolling down those roads to fill up the station probably won't fit into the current traffic situation, which would mean they'd either be there during business hours, school hours, or pre or after hours, which wouldn't be desirable to the residential community, which is the upper right, upper left and lower right. The last point I want to make is across the street is the power station, which is all vacant property. My cursory search on the intemet shows that 24 hour stations tend to see an increase in crime or after-hour activity associated with them and the industry itself has put in several measures to help protect their staff in those locations as a result of that increased crime. That open space to the right, plus the fact that Corey Barton Homes is yet to sell a property and that is all open space. Down the street is Austin Creek, which is -- as I understand it -- my facts may be incorrect -- is 80 percent rental properties and in doing a quick drive through the area, approximately five to seven percent of those properties are currently open for rent. I think the open space, the unbuilt homes, and the vacant homes all preclude to a proclivity or -- a proclivity towards crime and Ithink -- I think that's all my points, if there is any questions. Thank you for the opportunity to speak. Moe: Any questions? Thank you very much. Kimberly Mitchell. Minutes from the July 17, 2008 Planning & Zoning Commission Meeting K.Mitchell: Mr. Chairman, Members of the Commission, Kimberly Mitchell, 2170 East Mozart Court and that's in Meridian. It's also in the Vienna Woods Subdivision. I am opposed to the development of the Maverick and the 24 hour convenience store on McMillan and Locust Grove. As Jeff Green and also my husband Andy pointed out, I just have a few points to make. It would create an unnecessary increase in traffic in an already congested intersection, an unnecessary increase in noise pollution and increase of potential health risks from exposures to toxics and fumes. A safety risk to residents on increased traffic and also the crime associated with 24 hour convenience locations. As everybody pointed out, there are four gas stations within a two mile radius of this intersection and that's pretty much all I had to say. Thank you for your time for allowing me to speak. Moe: Thank you very much. Is it Condra? From the audience she's passing. Julie Horlacher. How did I do? Horlacher: Good enough. I have been called all kinds of things. Horlacher. Julie Horlacher. 5349 North Beethoven. And that's in Vienna Woods Subdivision. And I'm not as eloquent as some of the other speakers. I'm into the emotional side of a mother that's trying to raise a family just around the comer from where that Maverick will be. I also do not have an axe to grind against Maverick. I love to go to a convenience store and get my diet Coke every day, but not right next door to my house. We purchased our home in Vienna Woods with our children in the hopes of raising them in a nice, quiet family centered, family oriented area away from the commercial aspect of life. We are concerned with the safety and security of our home and of our family. Excuse me. When the gentleman from Maverick was talking about his Maverick store and talked about the columns and how nice they were going to look, I was thinking -and how nice is my home going to look and how safe is my home going to be when those columns get built to support that roof of their gas station. I don't understand why commercialism can come into our subdivisions. We need to keep it out on Eagle Road where there is more traffic. We have enough traffic going down Locust Grove and McMillan as it is. Ever since Locust Grove went all the way across the highway, traffic has increased. Noise has increased from all the traffic going by, obviously. The roads are narrow. Traffic is horrendous at -anytime of the day, particularly mornings and the afternoons or the evenings. Again, if we want a Coke or if we want an ice cream, if we want something like that, we go two blocks to the east. We don't need that in our subdivision. My brother-in-law worked for Maverick for some time. He worked in C stores. He was over the C store food aspect in Idaho, Wyoming, Nevada, and Utah. He loves Maverick, too. However, he did tell us I would never want one of those in my neighborhood, because of the crowd they attract. It is a convenience store. They attract after dark people that like to hang out there. I worked at 7-Eleven for years. I know what hangs out at a convenience store and it's nothing I want my children around, it's nothing I want in my neighborhood. But I think that's all. But I hope you will listen to us and what we want for our families. When we moved into these nice homes we didn't think we would have a gas station next door. So, thank you. I don't know if you have any questions or -- Moe: Thank you very much. Any question? Thank you very much. Joann. J.Horlacher: Joann Horlacher. 1891 East Grand Canyon Drive in Settler's Bridge. And I just say amen to all of these others that have made their comments. But I would like to add one more thing and that is for the outlook of our children. These neighborhoods -- these subdivisions all around this area is full of children -- good children that we are Minutes from the July 17, 2008 Planning & Zoning Commission Meeting trying to have grow up in a good community and that's why these people have bought these beautiful homes there to raise their families, to have it nice for them, and this kind of environment that is brought in with a convenience store and a gas station, such as Maverick, is not good for the growth of our children. I thank you. Moe: Thank you very much. Donnell? Okay. From the audience I was told that she passed. Newton-Huckabay: For or against? Moe: Pardon me? Newton-Huckabay: Was she for or against? Moe: She was against. Newton-Huckabay: Okay. Moe: Diane Racine. From the -- did I say that right? From the audience she's passing. Doug -- Racine: Doug Racine. 5600 North Mendleson Avenue in Vienna Woods. I just wanted to endorse the comments made against the development of the Maverick and add a couple of comments. In a call to the police department, we talked with a Sergeant Mike Rowe, who indicated this last Friday the Maverick on Five Mile and Victory was robbed and he indicated in just an off-the-cuff comment that they had been spending a lot of time at convenience stores, because of robberies -- an increase in robberies. And on a personal note, we moved here - we have lived here in Boise twice or Meridian twice and the first time we moved here from Chicago and you can just -- we enjoyed the serenity and the peace of Boise and the simpleness of the subdivisions where we lived. We lived both times in the same area and I'd like to preserve that feeling of community and the addition of a Maverick in such a residential area I think would go completely against the grain and -- but I, too, have to buy gas, that's - I'm very happy to drive 90 seconds up the street and get my gas there. Thank you very much. Moe: Thank you. Todd Meyers. Meyers: Thank you. Todd Meyers. 645 Hickory Lane in Idaho Falls. I am with Morgan Development.' Just wanted to quickly go over -- some of you may remember the -the site plan that came through when this property was annexed and zoned into the city. The property that -the entire site is about seven acres, with the Maverick being buffered off by the intersection. McMillan, as you realize, is an aerial street and so is Locust Grove. Those are streets that as time goes by is going to generate a lot of traffic and a lot of noise. With that in mind, what we did is we designed our property so that it would help buffer the residential that would be to the north and to the east. The west -- or, excuse me, the east property line is the one that goes right underneath where it's labeled site. To the east of that is a subdivision called Portico Place. That's where the street will be coming in. We are working with that developer on building that street. We will be sharing that cost. To the north you can see right below the home that is just beyond our site. That is where the north property line is. With the development agreement we are required to meet the requirements -basically what we submitted. We have to build Minutes from the July 17, 2008 Planning & Zoning Commission Meeting what we submitted and with that what we did is we put in an L-shaped building that we hope the building itself will do a lot to buffer the sounds and noise that comes from an arterial street. North of the building and also to the east of the building there will be the drive aisle that goes around, but, then, there is also the storm retention pond and the required landscaping by the zone. As you may remember, one of the conditions for approval was a vinyl fence that would go along the north and the east property lines. As you look at the site you can see there is a lot of trees in there. Several of those had a 21 inch caliper. So, in addition to our required trees, we also had to replace all of those trees, too. Originally we had those trees evenly spread out along the arterial street. City Council asked that we would move those, as many as possible that would fit, along the north and east property lines. And so we think there, again, the way that we have designed this -- and also the requirements by the city are going to help buffer the residential. The hours of operation for those -- for the L-shaped building and, then, also for the professional office building closer to McMillan, are restricted by -- I believe it's from 11:00 p.m. until 6:00 a.m. We think there again - so, we are moving that Maverick farther and farther away from the residential, at least to the north and to the east. To the south you have a substation that really doesn't need to be buffered from anything else -- from the -- the uses. You do not have anything currently really built towards the west. Can I continue a little bit more? I think it actually is a benefit. You know, some of the - one of the persons that spoke said, well, it's not surrounded by residential. And on a commercial standpoint, it would be great if it was surrounded by residential. However, the advantage to the city is we are going to get out there, we are going to get built before there is the residential there, so everybody will know about it. And that is also one of the requirements by -- in the development agreement was one of the requirements by City Council was to get our signs out there just as soon as possible and so we had diagrams of this site that went up just as soon as the development agreement was approved and the findings and facts were all approved: Through this final stage we did put those up. In the traffic study that was required to be submitted back in the fall -- Moe: Mr. Meyers, you need to wrap up. Meyers: Thirty-seven percent of the traffic will be bypass traffic. Your peak hour traffic trips for this use will have about 67. So, about one per minute. The street section to the south, there is a question on that sidewalk to the south. We have paid the Ada County Highway District, so that now becomes their responsibility. They are not sure what that street section is going to look like because of the canal. The building designs -they all do have to go through the approval process because of our development agreement and have to comply with what we submitted earlier. Moe: Thank you. Any questions? Thank you. Rich Bacalu. Probably not saying it correctly. Trina Bacalu. All right. Well, that was the last that were signed up. So, is there anyone else that would like to come forward? I'm sorry, you have had your time. Sorry. Anyone else? Okay. Would the applicant like to come back up, please. Murray: Thank you. To just address a couple of the concerns that were expressed. I recognize that you understand that Meridian city has actually adopted a plan that encourages little neighborhood commercial nodes. Part of the intent of that, as I understand it, is to provide services in the neighborhood, so that trips aren't necessary to go out to Fairview or Cherry or Eagle and augment the congestion that we are seeing out there. So, there really is very -- there really is no other type of retail which is more neighborhood oriented than the convenience store. Concern was expressed over the Minutes from the July 17, 2008 Planning & Zoning Commission Meeting nature of the clientele and if you think about this, there are a lot of convenience stores and there a lot of them because they serve a relatively small geographical trade area, which is primarily the residents that live in the area. And you would - I assume that if you evaluate your driving habits and where you buy gas and where you run for that late night gallon of milk, et cetera, I suspect there are very few people that would go from Boise out to our store in Meridian, passing 30 other convenience stores. So, I'm trying to emphasize here really that the store is neighborhood in nature and that's where our customer base will come from. And so will we bring an unsavory element to the neighborhood? Well, if they live there already, certainly they are there. Is there the potential that they come off of the street network? Sure. Although this street network is not the same type that you would catch on an Eagle or some of the larger highways in town. I would -- I would encourage you to think of your own buying habits and your own experience at the C store. It is normal that whenever anything is proposed for our neighborhood that we have concerns and fears about it, but if you evaluate your own shopping habits, I suspect you wouldn't shop at a convenience store if you thought that you were at risk or that there was something wrong with the environment. The same thing here. We have been in business for a long time in the community. Do our stores ever get robbed? Well, of course they do. Virtually all establishments get robbed on occasion. Does it happen weekly for us? Heavens, no. Not at all. We are excited to be a part of the neighborhood. We pledge to be a good neighbor. We recognize that the neighbors have concerns over us, but we think we will provide a service that will allow them to stay within the neighborhood and not have to go out and increase traffic on Eagle and some of the other streets within the area. So, that's really all I have to say. Happy to answer any other questions. Moe: Are there any questions? Thank you very much. Newton-Huckabay: Mr. Chair? Moe: Commissioner Newton-Huckabay. Newton-Huckabay: A question of staff. When - I didn't catch -this intersection is not planned to be signalized and it's not scheduled; right? Wafters: Chairman Moe, Commissioner Newton-Huckabay, Commissioners, it is not in ACHD's plan right now. The -east of the intersection on McMillan Road is planned to be widened, but it is unfunded currently. So, I'm not sure when that will occur. They were talking about possibly 2011. Newton-Huckabay: And we have had all four comers to come in for a preliminary plat, haven't they? Wafters: Well, the - Newton-Huckabay: The north - Wafters: -- southeast comer is the substation. Newton-Huckabay: But the northwestern has not. Wafters: Yeah. except for the southeast comer. Minutes from the July 17, 2008 Planning & Zoning Commission Meeting Newton-Huckabay: I don't have any other questions. Moe: Okay. Mr. Marshall, you look like you have a question. Marshall: I guess I'm going back to that refill roof and need to add modulation or be hidden and where we are at with that. I guess my question is to you, then -- staff has requested that you add modulation to that refill roof and are you acceptable to that? Murray: We are fine with it, yes. And we would submit some alternative to -- Moe: From the audience the - Murray: We are fine with this and would submit some drawings to the staff for approval. Moe: Any other comments at this time? Mr. Rohm, you look like you're ready to do something here. Newton-Huckabay: Mr. Chair, I -- were you going to close the public hearing? Rohm: I was. Newton-Huckabay: Go ahead. Rohm: Okay. Mr. Chairman? Moe: Mr. Rohm. Rohm: I move that we close the public hearing on CUP 08-016. Marshall: Second. Moe: It's been moved and seconded to close the public hearing on CUP 08-016. All those in favor say aye. Opposed? That motion carries. MOTION CARRIED: ALL AYES. Moe: Mr. O'Brien, do you have any comments? O'Brien: It's a perplexing concern to me, but I have to - I have a feeling for the neighborhood and their concerns, because I have this before where issues have come up about the crime rate, whatever, but I -- I have to agree with the applicant more so. I think it's going to be a convenience for the local neighborhood, especially as it grows up -- grows out, if you will. I just don't think that it's going to be such a problem in the location where its at. The crime rates in -- where stores get robbed, they have to have easy access to arterials that would get them out of the -- out of there in a hurry and I don't see this as one of those. So, I think that lessens that impact. I think that it will be more of a service to the local community than a hindrance. That's all I can say about it, so -- thank you. Moe: Okay. Thank you. Mr. Rohm, any comments? Minutes from the July 17, 2008 Planning & Zoning Commission Meeting Rohm: Yes, I have comments. First of all, I'd like to thank each of you for coming in and providing testimony tonight and even though I take every word that's been spoken for valued input, the fact of the matter is Locust Grove passing over the freeway was built with the intent of reducing traffic on Eagle Road and to disperse that traffic to the community as a whole. This convenience store, by design of the subdivision itself, takes into consideration the community as a whole. The commercial buildings, both to the north and to the east, will provide some Marshall: Buffer. Rohm: -buffer, thank you -- that's what I was looking for -- to the residential development and -- and I really do know how the balance of you feel out there about not wanting an additional gas station in your neighborhood, but, quite honestly, my opinion is that it is from a community as a whole's benefit to reduce the additional traffic that is currently on Eagle Road and anything that we can do to keep local traffic local, I think that we should consider that. And that's my position. Moe: Just to follow that up just a little bit. By design, quite frankly, the Comprehensive Plan lists this as mixed use neighborhood and the main reason for that was is that the intent was the folks in the neighborhood would try and, basically, shop and develop around that neighborhood and, therefore, our duty here as the Planning and Zoning Commission is to review each application we get with the basis of whether or not they do comply with the Comprehensive Plan and the plan. So, therefore, although I do as well understand that most of you don't want to have a C store, basically, within your neighborhood, it does meet the Comprehensive Plan goals. Newton-Huckabay: Mr. Chair? Moe: Commissioner Newton-Huckabay. Newton-Huckabay: I have a question. Could you tell me how many letters went out that were in the 300 foot radius? Wafters: Chairman Moe, Commissioner Newton-Huckabay, yes, just one moment. Rohm: That's a good question. Newton-Huckabay: I'm going to guess there were none. One? Maybe six? How many notation letters would have gone out -- maybe ten? Maybe. Wafters: There were 11 notices that went out. There were more than that, but some of them were duplicate property owners. So, there were 11 different property owners that they were mailed to, those that were within 300 feet of the property boundary. Newton-Huckabay: Of the property boundary. Okay. Wafters: And also the site was posted with a public hearing notice prior to the hearing. Newton-Huckabay: I'm assuming that's where most people were notified that this property was going to have the Maverick was through the sign on the property driving Minutes from the July 17, 2008 Planning & Zoning Commission Meeting by. Or maybe a homeowners association a-mail or some sort would be another. One concem that - that I have is that -- I'm just counting out here. We have got Saguaro Canyon, Copper Basin, Heritage Commons, Havasu Creek, Settler's Bridge, Sheraden Place, Edinburgh, Austin creek, all within a mile of this intersection and the only representatives we have from any subdivisions are from Vienna Woods and I'm concerned that we have a lot of people who probably drive by this intersection every day, have seen the notice -- notification and we did get several letters. We only got 18 letter -- 18 testimony and letters against this proposal. We got one letter in favor from a neighbor in Vienna Woods in favor of this proposal. And I am concerned that we have a lot of people who -- we almost always see those in favor never come out and testify. So, I have -- I have some concerns there, that that's a lot of -- a lot of homes that would be served by this mixed use community area. I believe personally -- it's my own personal belief that a C store and a well known C store will help potentially to possibly bring in some other neighborhood community businesses in the commercial area in this other seven acres that could be of a benefit to -- to a community as well. I've always -- of course, I have always lived near -- within walking distance of convenience stores and/or commercial areas. I grew up in downtown Meridian and we walked everywhere we needed to go. That's what I would like to see in neighborhoods is the ability to walk down to the convenience store to get a gallon of milk or go down there with your family and that type of thing to get - to get a soda. And I think we have had a huge deficit of convenience stores in northern Meridian. That said, I do - I do respect everything each of you have said and that's what makes my decision difficult, because I am not you and I don't live in your home and so -- oh, I did have one comment. I do have aconcem - and this is the second Maverick to come before us requesting 24 hours and I do not and did not think before -- and I do not think 24 hours is appropriate for mixed neighborhood -- for neighborhood commercial. If we are limiting hours on any commercial around - in the surrounding seven acres, I think it appropriate that we would want to limit hours in there as well. And, again, it goes back to what I feel is the nature of the neighborhood commercial - neighborhood commercial serves the neighborhood. This is a neighborhood of predominately residential family neighborhoods and I don't think that most of them will be needing a convenience store at 2:00 a.m. So, I would want to limit hours to - to the similar -- or propose limiting the hours to similar to what the rest of the businesses have been limited to. I just think that's appropriate for any neighborhood commercial. But having said that -- we are voting for the CUP; right? We don't have to worry about Council overturning it. Moe: Mr. Marshall, any comments? Marshall: Chairman Moe. Yes. To be honest, I do think it fits in with the Comprehensive Plan. The idea behind the Comprehensive Plan is that we have local neighborhood commercial areas within half a mile. In fact, we have updated it so that it should be at the half mile points, rather than the one mile point, but this was prior to that and we have this commercial right at the one mile point. The idea is that this will -- the whole idea behind the Comprehensive Plan and putting these commercial neighborhood, these smaller commercial areas in within a half mile of residences, cuts down on traffic significantly and daily trips, that a lot of years and years of planning have gone into that and a lot of residents from Meridian have spent years working on that plan and that's the plan we are trying to follow here that recommends something like that and I think it's appropriate. I, too -- and I appreciate Commissioner Huckabay mentioning the hours. I believe 24 hours is inappropriate. We have limited that everywhere else along this -- in these areas and I think they should be limited. Again, I understand that people Minutes from the July 17, 2008 Planning & Zoning Commission Meeting don't want a convenience store right next door, but somebody's got to have it next door if we are going have them and this is an area that has been marked on the land use map for quite some time as being an appropriate location for one. So, that is my thoughts. Moe: Thank you very much. If there is no other comments, is there some -- Rohm: Just one last comment. My feelings on the time -- I think it should be from 6:00 in the morning to 11:00 at night. That's my idea of what is workable within the community environment and if there is a differing thought on hours of limitations, I'd be curious to -- Moe: I think that's pretty much what we have held most of them that come before us in that time frame and that seems appropriate in my opinion. Rohm: Okay. Well, with that -- Mr. Chairman? Moe: Mr. Rohm. Rohm: At this time I'd like to move for approval of file number CUP 08-016 as presented in the staff report for the hearing date of July 17th, 2008, with the following modifications to the conditions of approval: That we add limitations of hours to 6:00 a.m. to 11:00 p.m. on a daily basis. And, furthermore, I direct staff to prepare an appropriate findings document considered at the next Planning and Zoning Commission meeting on -- what is it, August -August 7th. End of motion. Wafters: Chairman -excuse me. Chairman Moe, Commissioner Rohm. Moe: Yes. Wafters: The Council did specifically want the Commission to include some additional provisions if you look at your notes there, please. Rohm: Okay. I will -- additionally, as requested by Council, the applicant shall be directed to address the type of vapor recovery system provided for the fuel facility at the subject hearing and I believe they went with the type one and that seems appropriate to me. Just -well, there is two different kinds, but the type two seems to be convoluted, in my opinion, as type one addresses those major issues. Moe: Type one basically takes care of the tanker issue -- Rohm: Right. Moe: -- and two was the vehicle. Rohm: Right. Exactly. Moe: And right now we are having a problem within the -- the number two. Rohm: Okay. Additionally, add a condition of approval for the applicant to work with ACHD to obtain a license agreement to install landscaping and irrigation sprinklers on the property south of the detached sidewalk along McMillan Road to the edge of the Minutes from the July 17, 2008 Planning & Zoning Commission Meeting future back of the curb. Applicant shall also be responsible for maintaining this area. Additionally, the Commission should request the -- or require the applicant to add a condition of approval added for the applicant to submit a road trust to Ada County Highway District for a minimum of five foot wide detached sidewalk on McMillan Road once that road has redeveloped. End of motion. O'Brien: Second. Moe: It's been moved and seconded to approve CUP 08-016 for Maverick as modified. All those in favor say aye. Opposed? That motion carries. MOTION CARRIED: ALL AYES. Moe: We normally take a break at 9:00 p.m, so we will be taking a break now and we will come back at ten after the hour.