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Maverick H-2016-0027CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0027 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Annexation and Zoning of 3.907 Acres of Land with a C-G Zoning District, for the Property Located at the southwest corner of E. Fairview Ave. and N. Locust Grove Roads in the NE ¼ of Section 7, Township 3N., Range 1E., by Maverik, Inc. Case No(s). AZ-15-006 For the City Council Hearing Date of: June 7, 2016 (Findings on June 21, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of June 7, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of June 7, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 7, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of June 7, 2016, 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 City Council 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 April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 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 Mayor 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0027 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of June 7, 2016, 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 City Council’s authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for annexation and zoning is hereby conditionally approved per the conditions of approval in the attached Staff Report for the hearing date of June 7, 2016, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Two (2) Year Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within six (6) months of the City Council granting annexation and/or rezone (UDC 11-5B-3D). A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the six (6) month approval period (UDC 11-5B-3F). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application 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 may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board 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 June 7, 2016 S� By action of the City Council at its regular meeting held on the day of 2016. COUNCIL PRESIDENT KEITH BIRD VOTEDQ� COUNCIL VICE PRESIDENT JOE BORTON VOTED COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED �QS COUNCIL MEMBER TY PALMER VOTED-eS COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER GENESIS MILAM VOTED a�V n� MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor Tae Weerd m Attest: \�Go�QpRATEO q�cGs� YO t�9 p f � C Ifll Jacy one, SE 104"o City Clerk o��na IAEASUR�- Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. By: Dated: l'D Ica City Cler s Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0027 -3- Exhibit A Maverik – AZ H-2016-0027 PAGE 1 STAFF REPORT Hearing Date: June 7, 2016 (Continued from May 3 and May 17, 2016) TO: Mayor and City Council FROM: Josh Beach, Associate City Planner (208) 884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Maverik – AZ (H-2016-0027) 1. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Maverik, Inc. has submitted an application for annexation and zoning (AZ) of 3.907 acres of land with a C-G zoning district. 2. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ application with the conditions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard these items on April 7, 2016. At the public hearing, the Commission moved to recommend approval of the subject AZ request to City Council. a. Summary of Commission Public Hearing: i. In favor: Todd Meyers ii. In opposition: None iii. Commenting: David Gronbeck iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: Bill Parsons b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Commission: i. The number of access points on Locust Grove ii. Timing of removal of the billboards iii. Mechanism for the city to track the removal of the billboards if the property is annexed with them iv. Possibility of requiring the applicant to bond for the removal of the signs so tht there is more of an incentive to remove them once the leases are up. v. When would the landscaping for he southern portion of the property be installed if only the northern portion of locust grove and Fairview’s landscape buffer is installed now? d. Commission Change(s) to Staff Recommendation: i. Modify condition 1.1.1F (See condition 1.1.1F for changes) ii. Add condition 1.1.1L (See condition 1.1.1M for changes) iii. Modify condition 1.1.1C (See condition 1.1.1C for changes) iv. Remove condition 1.1.1J v. Add condition 1.1.1M (See condition 1.1.1M for changes) e. Outstanding Issue(s) for City Council: Exhibit A Maverik – AZ H-2016-0027 PAGE 2 i. None 3. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016- 0027 as presented in staff report for the hearing date of May 3, 2016 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0027 as presented in staff report for the hearing date of May 3, 2016 for the following reasons: (You should state specific reason(s) for denial.) Continuance I move to continue File Numbers H-2016-0027 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: 1515 E. Fairview Ave. (Parcel # S1107110321) The site is located at the southwest corner of E. Fairview Avenue and N. Locust Grove Road, in the NE ¼ of Section 7, Township 3N., Range 1E. b. Applicant: Maverik, Inc. 880 W. Center Street North Salt Lake, UT 84054 c. Owner: Russel S. Barger 8852 W. Clovis Drive Boise, ID 83709 d. Representative: Nate Reeve, Reeve and Associates, Inc. 920 Chambers Ogden, UT 84403 e. Applicant's Request: Please see applicant’s narrative for this information. 5. PROCESS FACTS a. The subject application is for annexation & zoning. A public hearing is required before the Planning and Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. b. Newspaper notifications published on: March 21, 2015 and April 4, 2016 (Commission) April 11 and April 25, 2016 (City Council) c. Radius notices mailed to properties within 300 feet on: March 14, 2016 (Commission) April 8, 2016 (City Council) d. Applicant posted notice on site by: March 28, 2016 (Commission) April 21, 2016 (City Council) Exhibit A Maverik – AZ H-2016-0027 PAGE 3 6. LAND USE a. Existing Land Use(s): The subject property consists of commercial land that is currently developed as a junk yard; zoned C2 in Ada County. b. Description of Character of Surrounding Area and Adjacent Land Uses and Zoning: 1. North: E. Fairview Avenue and commercial property zoned C-G 2. East: N. Locust Grove Road, commercial property and vacant property, zoned C-G and RUT in Ada County 3. South: Single-family residential homes in the Keziah Subdivision, zoned R-40 4. West: Developed commercial property, zoned C-G c. History of Previous Actions: None d. Utilities: 1. Public Works: Location of sewer: A sanitary sewer main intended to provide service to the overall subject parcel currently exists at the right of way line of the north driveway approach on N. Locust Grove Road. Location of water: Water mains intended to provide service to the overall subject parcel currently exist at the right of way line of the north and south driveway approaches on N. Locust Grove Road. Issues or concerns: Applicant shall be required to extend a sanitary sewer main in the driveway from the north driveway approach to the south to provide service to the future development on the south side of the overall parcel. e. Physical Features: 1. Canals/Ditches Irrigation: The Settlers Canal was tiled as part of the Locust Grove Place Subdivision (PP-02-026). The Jackson Drain, adjacent to the southern boundary will remain open. 2. Hazards: Staff is unaware of any known hazards on the property. The junk yard has existed on the property for quite some time, and staff has consulted with DEQ regarding remediation of the site per their standards (See analysis below for more information). 3. Flood Plain: This site does not lie within the Meridian Floodplain Overlay District. 7. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated “Commercial” on the Comprehensive Plan Future Land Use Map. The purpose of this designation is to provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as government offices. Within this land use category, specific zones may be created to focus commercial activities unique to their locations. These zones may include neighborhood commercial uses focusing on specialized service for residential areas adjacent to that zone. The applicant proposes to annex the site with a C-G zoning district which is an appropriate zoning district for a “COMMERCIAL” FLUM designation. The site is proposed to develop with a convenience store/fuel sales facility on the north end, and an undetermined commercial use on the south end of the parcel. Staff finds the requested zoning district and future uses of the site are consistent with the Commercial FLUM designation. Exhibit A Maverik – AZ H-2016-0027 PAGE 4 Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics):  “Require all commercial and industrial businesses to install and maintain landscaping.” (2.01.03B) The applicant is required to provide street buffer landscaping along E. Fairview Ave and along N. Locust Grove Road. The applicant is also responsible for installing internal parking lot landscaping in accord with the standards set forth in UDC 11-3B.  “Require appropriate landscaping and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.).” (3.06.02F) The subject property abuts E. Fairview Ave on the north and N. Locust Grove Road on the east. These roads are both classified as arterial roadways and require a 25 foot landscape buffer. These buffers must be landscaped in accord with the standards listed in UDC 11-3B- 7C.  “Plan for a variety of commercial and retail opportunities within the Impact Area.” (3.05.01J) The proposed convenience store and fuel sales facility will contribute to the variety of uses in the southern part of the city and will provide a needed service for nearby residents.  “Reduce the number of existing access points onto arterial streets by using methods such as cross-access agreements, access management, and frontage/backage roads.” (3.03.02N) The subject property currently has an access to E. Fairview Ave. and two (2) accesses to N. Locust Grove Road. With the subject application, the applicant is proposing to utilize the existing cross access with the property to west for the access to Fairview Ave and maintain the existing right in, right out access onto N. Locust Grove as well as one full access. ACHD has indicated support of a full-access driveway onto N. Locust Grove; however, staff does not support this request. The applicant will need to seek the approval from City Council for the full access to Locust Grove Road in accord with UDC 11-3A-3.  “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) City sewer and water services are available to be extended to the subject property with development of the site.  “Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) Staff believes the proposed convenience store/ fuel sales facility are a compatible to residential uses within the area, specifically those to the south in the Keziah Subdivision. There is an open irrigation drain (Jackson Drain) along the southern boundary of the property, as well as a multi-use pathway and landscape buffer that was installed as part of the Keziah Subdivision (PP-02-026). The width of the landscape buffer ranges from approximately 100 feet in width to approximately 40 feet in width. Per the UDC, the applicant is responsible to construct a 25 foot landscape buffer along the south boundary of the property. The landscape buffer must be constructed with the first phase of the development. Exhibit A Maverik – AZ H-2016-0027 PAGE 5  “Require all new and reconstructed parking lots to provide landscaping in internal islands and along streets.” (3.01.01G) Planter islands are proposed within the parking areas and will be landscaped in accord with the standards listed in UDC 11-3B-8C.  Evaluate development proposals based on physical, social, economic, environmental, and aesthetic criteria. The subject property is currently developed with a junk yard. Staff has concerns related to the potential for contaminants in the soil of the subject property, due to its current use. Staff has consulted with the Department of Environmental Quality (DEQ), there have been no violations on this property. DEQ has indicated that there were specific procedures to test the soil for contaminants, as well as specific procedures for remediating any contaminants that may be found. A recommended provision of the development agreement requires the applicant to coordinate with DEQ and remediate the site in accord with their standards.  “Limit canal tiling and piping of ditches, creeks, and drains where public safety issues are not of concern.” (5.01.01D) The size of the drain and the volume of water do not present a public safety concern in this case. The southern side of the drain contains a pathway and open space that was provided with the Keziah subdivision. Further, the Jackson Drain is protected waterway and should remain so with the development of this site.  “Pursue sidewalk construction for existing substandard streets.” (3.03.02D) Currently, the Fairview frontage is lacking the required detached 5-foot wide sidewalk. ACHD has a sidewalk project planned for this segment of Fairview Ave this year. Per ACHD if the sidewalk project is awarded to a contractor prior to development of this site, the applicant will not be responsible for the construction of the sidewalk. However, if a CZC is submitted prior to the contract being awarded, the developer is responsible for the construction in its ultimate location as determined by ACHD.  “Coordinate with ACHD, ITD, COMPASS, and other agencies to determine future infrastructure plans, transportation corridors, highway alignments, etc. and allow only compatible adjacent land uses, appropriate site designs and traffic patterns.” (3.06.02H) In coordination with ACHD, additional right-of-way will be required along E. Fairview and N. Locust Grove to accommodate future widening of the intersection. The need for additional right-of-way from this parcel may affect the location of the cross-access to the western parcel, and the installation of the 25 feet of landscaping adjacent to E. Fairview Avenue and N. Locust Grove Road. Staff recommends a revised site plan prior to the Planning and Zoning Commission hearing to ensure that these requirements are met. Staff is of the opinion that the proposed use is generally consistent with the Comprehensive Plan and the surrounding uses based on the analysis above if the developed in accord with the conditions of approval in this report. 8. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zone: The purpose of the commercial districts is to provide for the retail and service needs of the community in accordance with the Meridian comprehensive plan. Six 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 Exhibit A Maverik – AZ H-2016-0027 PAGE 6 proximity to streets and highways. Allowed uses in the C-G district are of the largest scale and broadest mix of retail, office, service, and light industrial uses of the commercial districts with access to arterial or collector streets. B. Schedule of Use: Unified Development Code (UDC) 11-2B-2 lists the permitted, accessory, conditional, and prohibited uses in the C-G zoning district. The proposed fuel sales facility is listed as a principally permitted use in the C-G district, subject to the specific use standards set forth in UDC 11-4-3-20. C. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in UDC Table 11-2B-3 for the proposed C-G zoning district. D. Landscaping: Landscaping is required to be installed on the site in accord with the parking lot standards listed in UDC 11-3B-8C, street buffer standards listed in UDC 11-3B-7C in accord with UDC Table 11-2B-3. E. Off-Street Parking: UDC 11-3C-6B requires 1 space for every 500 square feet of gross floor area. F. Self-Service Uses: UDC 11-3A-16 lists the specific requirements for self service uses (see section 9 below for further analysis). G. Structure and Site Design Standards: Development of this site must comply with the design standards in accord with UDC 11-3A-19 and the guidelines listed in the Architectural Standards Manual. 9. ANALYSIS Analysis of Facts Leading to Staff Recommendation: Annexation and Zoning: The applicant has applied to annex and zone a total of 3.907 acres of land with a C-G zoning district. As discussed above in Section VII, the proposed zoning is generally consistent with the corresponding FLUM designation of Commercial. The applicant proposes to develop a convenience store and fuel sales facility and future commercial building on the site, as shown in Exhibit A.2. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed and zoned. The property is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this application and to remediate the non-conforming uses and environmental concerns, staff recommends a DA as a provision of annexation with the conditions included in Exhibit B. Concept Plan: A concept plan is included in Exhibit A.2 that shows how the site is proposed to develop with two (2) commercial buildings (5,046 sq. ft. and 4,339 sq. ft.) convenience store, fuel sales facility and associated parking. The south half of the development is slated for future development and the proposed concept plan is only a graphic representation for the how the site could develop in conjunction with the Maverik store. The design of the site must comply with the design review standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual. Fuel Sales Facilities: The specific use standards for the fuel sales facility listed in UDC 11-4-3- 20 apply to development of this site as follows: A. 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. Exhibit A Maverik – AZ H-2016-0027 PAGE 7 The applicant must comply with this requirement. B. The total height of any overhead canopy or weather protection device shall not exceed twenty feet (20'). The applicant must comply with this requirement. C. Vehicle stacking lanes shall be available on the property but outside the fueling areas. 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 parking. The stacking lanes shall not be located within ten feet (10') of any abutting residential districts. The applicant must comply with this requirement. D. If the use is unattended, the standards in accord with section 11-3A-16 of this title shall also apply. Not Applicable, the facility will be a 24/7 operation. Note: If 24 hour operations is desired for this site the applicant must obtain conditional use permit approval for the extended hours of operation as noted below. Hours of Operation: In accord with UDC 11-2B-3, business hours of operation within the C-G zoning district are limited from 6 am to 11 pm when the property abuts a residential use or district. Because a residential use abuts the site at the south boundary, business hours are limited to those stated. Extended hours of operation may be requested through a CUP. The application does indicate the intent of the applicant is to have a 24 hour use however, a concurrent CUP application was not submitted with the subject annexation request. Nonconformities associated with the site: Billboards: Currently, the site is developed with four (4) billboards signs (off premise signs) approved in the County. Under the City’s ordinance this signs are prohibited and deemed illegal and must be removed within 60 days of annexation into the City. The applicant has requested that Council allow three (3) of the existing billboards to remain on the site to carry out the remainder of the existing lease, which is eleven (11) years. Vehicle Wrecking or Junk Yard: The junk yard use is a prohibited use in the C-G zoning district. Staff recommends that this use cease within 60 days of annexation into the City. Fencing: The site is currently surrounded by steel fencing. This material is not allowed to be used as fencing material per UDC 11-3A-7 and must be removed within 60 days of annexation into the City. Landscaping: Currently, the site does not meet the landscape standards set forth in UDC 11-3B. Because this property is slated for redevelopment, any new development proposed for the site must comply with all of these standards. Because this property is a single parcel, the applicant will be responsible installing the entire perimeter landscaping (e.g. 25-foot wide landscape buffers along Fairview Ave., N. Locust Grove Road and the southern boundary) with the first phase of development. Landscaping: A landscape plan was not submitted as part of this application, however; all landscaping should comply with the standards listed in UDC 11-3B. A 25-foot wide street buffer is required along N. Locust Grove Road and E. Fairview Avenue which are both considered arterial roads, as well as along the southern boundary adjacent to the Exhibit A Maverik – AZ H-2016-0027 PAGE 8 R-40 zoning district to the south (Keziah Subdivision). All landscape buffers are required to be landscaped in accordance with UDC 11-3B-7C. If desired, the applicant can request Council waiver to reduce the 25 foot landscape buffer along the south. At this time, the applicant has not asked for a reduced buffer. Due to the existing waterway along the south boundary there is a good chance that there is an existing irrigation easement along said boundary. Code allows a 5-foot wide landscape buffer width outside of the easement where the buffer is encumbered by easements or other restrictions. Prior to the Commission hearing the applicant should submit a revised site plan that depicts the location of the irrigation’s districts easement on the south boundary. Environmental Concerns: The DEQ is the department of the Idaho state government responsible for administration of state and federal environmental laws and regulations, including those related to air and water quality. DEQ does not regulate vehicle wrecking and salvage yards, however; they do investigate petroleum spills. According to an email response to a public records request from DEQ, there have been no violations on the property. Due to the length of time that the vehicle wrecking and junk yard use has been in place on the site, staff is concerned with the environmental quality of the site. Staff recommends that phase 1 and phase 2 environmental assessments be performed on the site to ensure that there are no contaminants on the site. If contaminants are found, the applicant should work with the applicable federal and state agencies to remediate the site to the applicable standards prior to submitting a certificate of zoning compliance (CZC) application. Access: The property currently takes access from two (2) existing access points onto N. Locust Grove Road and one (1) onto E. Fairview Avenue. Staff supports of the applicant’s request to have one right-in, right-out access to N. Locust Grove in alignment with E. Wilson Lane. With development of the property, the applicant proposes to utilize the existing cross access driveway to the west constructed with the Intermountain Outdoor Subdivision (PP-07-003), and will utilize a shared driveway with 1375 E. Fairview, AVE. No direct access to E. Fairview with the redevelopment of the site. The UDC restricts direct access to arterial roadways such as N. Locust Grove and E. Fairview Avenue. ACHD supports the two (2) proposed accesses onto N. Locust Grove Road. Staff does not support the full-access driveway proposed by the applicant, but does support the applicant’s proposal to have one right-in/right-out access. UDC 11-3A-3 requires the applicant to seek Council’s approval of the other access to Locust Grove Road. ACHD Comments: Fairview Avenue is scheduled in the IFYWP to be improved with curb, gutter and sidewalk between E. 3rd Street and Locust Grove Road in 2016. Fairview Avenue is listed in the CIP to be widened to 7-lanes from Meridian Road to Locust Grove Road between 2017 and 2021. The applicant should be required to dedicate right-of-way to total 74-feet from centerline of Fairview Avenue to accommodate future widening (approximately 16-feet additional at the west end, and 13-feet additional at the east end). This segment of Fairview Avenue is in the CIP, as is the Fairview/Locust Grove intersection, so the applicant will be compensated for right- of-way dedication. The applicant would typically be required to construct a sidewalk on Fairview Avenue. However, if the planned ACHD pedestrian improvement project on Fairview Avenue has been awarded to a contractor prior to submittal of the CZC application then the applicant is not responsible for sidewalk improvements. If the ACHD project has not been awarded, then the applicant will be Exhibit A Maverik – AZ H-2016-0027 PAGE 9 required to construct the sidewalk in its ultimate location, or provide a road trust to ACHD for the cost of the improvements. The applicant should be required to dedicate additional 11-feet of right-of-way on Locust Grove Road for the Fairview/Locust Grove intersection project. This intersection is in the CIP, so the applicant will be compensated for right-of-way dedication. The applicant should also provide adequate right-of-way at the corner of the intersection for future utility boxes and signal poles. In order to ensure that the site circulation will function as proposed by the applicant, staff recommends that the applicant submit a revised concept plan that incorporates ACHD ROW for the intersection improvements, the 25-foot wide landscape buffers on Fairview Ave and Locust Grove Road, the irrigation easement on the south boundary, a 5-foot wide detached sidewalk on Locust Grove Road, and one (1) right-in/right-out access to N. Locust Grove Road prior to the Commission hearing. Sidewalk: A minimum 5-foot wide detached sidewalk is required adjacent to E. Fairview Avenue, and around all buildings as well as those serving public streets in accord with UDC 11- 3A-17C. Locust Grove Road has an existing attached sidewalk. If additional right-of-way is needed by ACHD adjacent to N. Locust Grove Road, the applicant shall construct a 5-foot wide detached sidewalk on N. Locust Grove Road. Parking: Per UDC 11-3C-6B, in commercial districts, one off-street parking space is required per 500 square feet of gross floor area. Additionally, per UDC 11-3C-6G, one bicycle parking space is required to be provided for every 25 vehicle spaces proposed on the site, in compliance with the standards listed in UDC 11-3C-5C. Pressurized Irrigation: An underground pressurized irrigation system is required to be provided for the development in accord with UDC 11-3A-15. Building Elevations: Structures within the proposed development that are visible from the street or abutting properties are required to comply with the design review standards set forth in UDC 11-3A-19 and the guidelines contained in the Architectural Standards Manual. Conceptual building elevations for the future building were submitted by the applicant and included in Exhibit A.3. Building materials depicted on the plans for the building include stone veneer, rough sawn timber, and board and batten. The future building on this site shall generally comply with the submitted elevations, including but not limited to, the design standards set forth in City of Meridian Architectural Standards Manual (ASM). Certificate of Zoning Compliance (CZC) and Design Review (DES): A CZC application is required to be submitted prior to issuance of building permits. The applicant is required to ob tain approval of a design review application for the proposed structures and site design for the self- service storage facility. This application may be submitted concurrently with the CZC application. The applicant must comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual. In summary staff finds the proposed project complies with the future land use map and applicable policies of the Comprehensive plan and the UDC with the conditions of approval listed in Exhibit B. Based on the aforementioned analysis, staff recommends approval of the subject application. 10. EXHIBITS A. Drawings 1. Vicinity Map Exhibit A Maverik – AZ H-2016-0027 PAGE 10 2. Proposed Concept Plan (dated: 04/27/15) 3. Proposed Elevations B. Agency & Department Conditions of Approval C. Legal Description and Exhibit Map for property to be annexed D. Required Findings from Unified Development Code Exhibit A Maverik – AZ H-2016-0027 PAGE 20 A. Drawings 1. Vicinity/Zoning Map Exhibit A Maverik – AZ H-2016-0027 PAGE 21 1. Concept Plan (NOT APPROVED) (dated: 04/27/15) Exhibit A Maverik – AZ H-2016-0027 PAGE 22 2. Proposed Elevations Exhibit A Maverik – AZ H-2016-0027 PAGE 23 Exhibit A Maverik – AZ H-2016-0027 PAGE 24 B. Conditions of Approval 1. PLANNING DIVISION 1.1.1 A Development Agreement (DA) is required as a provision of annexation and zoning of this property. Prior to annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of ordinance adoption, and the developer. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting annexation, approved by City Council and recorded. The DA shall, at minimum, incorporate the following provisions: a. Future development of the site shall be consistent with the design standards listed in UDC 11- 3A-19 and the guidelines in the Architectural Standards Manual b. Prior to Planning and Zoning Commission hearing, the applicant submit a revised concept plan that incorporates ACHD ROW for the intersection improvements, the 25- foot wide landscape buffers on Fairview Ave. and Locust Grove Road, the irrigation easement on the south boundary and the required landscape buffer, and a 5-foot wide detached sidewalk on Locust Grove Road, and one (1) right-in/right-out access to N. Locust Grove Road. c. The junkyard use, fencing and the billboard nearest the corner All non-conformities occurring on the site (junk yard use, illegal signs and fencing) shall be removed or cease within 60 days of annexation into the City. d. A minimum 25-foot wide street buffer shall be constructed along the entire frontage of the site along E. Fairview Avenue and N. Locust Grove Road in accord with UDC 11-3B-7C. Construct a minimum of a 25-foot wide landscape buffer abutting the residential property to the south in accord with UDC 11-3B-9C. All landscape and frontage improvement associated with the site including the landscape buffers and sidewalks shall be constructed with the first phase of development. e. The applicant shall construct a 5-foot wide detached sidewalk on N. Locust Grove Road. f. The applicant shall provide cross-access to 1375 E. Fairview Avenue (parcel # R4239560010) and to the southern portion of the subject property; the cross-access agreement shall be recorded prior to submitting an application for Certificate of Zoning Compliance and Design Review. g. Any future development of the site must comply with the City of Meridian ordinances in effect at the time of development. h. The applicant shall complete phase 1 and phase 2 environmental assessments in accord with DEQ standards prior to submitting a certificate of zoning compliance application. i. The applicant shall extend sewer and water to the site with the development of the property. j. One right-in, right-out access to N. Locust Grove Road shall be allowed, unless the full access is approved by City Council in accord with UDC 11-3A-3 j. No direct access to E. Fairview Avenue shall be permitted. k. The applicant is required to submit a Certificate of Zoning Compliance and Administrative Design review application for approval of the proposed use and site layout from the Planning Division prior to applying for a building permit application. Exhibit A Maverik – AZ H-2016-0027 PAGE 25 l. Coordinate with City staff on bonding for the removal of the billboards once the lease term has expired. m. Include the terms of the billboard leases as an exhibit in the development agreement. 2. PUBLIC WORKS DEPARTMENT 2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 2.1.1 Applicant shall be required to extend a sanitary sewer main in the driveway from the north driveway approach to the south to provide service to the future development on the south side of the overall parcel. 2.1.2 A street light plan will need to be included as part of the project plan submittal package. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272 2.2 GENERAL CONDITIONS OF APPROVAL 2.2.1 Applicant shall coordinate water and sewer main size and routing for their project with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to development plan approval. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-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, a single -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 prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Exhibit A Maverik – AZ H-2016-0027 PAGE 26 2.2.7 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. 2.2.8 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. 2.2.9 All development improvements, including but not limited to sewer and water, fencing, micro- paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.2.10 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.11 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.12 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.13 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.14 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.2.15 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. 2.2.16 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.2.17 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 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. 2.2.18 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.19 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-221. 3. FIRE DEPARTMENT 3.1 The Fire Department has no concerns related to this application. 4. POLICE DEPARTMENT Exhibit A Maverik – AZ H-2016-0027 PAGE 27 4.1 The Police Department has no concerns related to this application. 5. PARKS DEPARTMENT 5.1 The Parks Department has no concerns related to this application. 6. REPUBLIC SERVICES 6.1 The applicant shall coordinate with Republic Services on the size and location of the trash enclosure. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 This application is for annexation/rezone. When ACHD receives a development application for a specific development, ACHD will set forth site specific conditions of approval, as noted below. 7.1.1 Dedicate 13 to 16-feet of right-of-way on Fairview Avenue. This segment of Fairview Avenue and the intersection is in the CIP, so the applicant will be compensated for right-of-way dedication. 7.1.2 Dedicate 11-feet of right-of-way on Locust Grove Road. The Fairview/Locust Grove intersection is in the CIP, so the applicant will be compensated for right-of-way dedication. Include a triangle at the corner of the intersection to accommodate utility boxes and poles. 7.1.3 The applicant would typically be required to construct a sidewalk on Fairview Avenue. However, if the planned ACHD pedestrian improvement project on Fairview Avenue has been awarded to a contractor prior to submittal of the CZC application then the applicant is not responsible for sidewalk improvements. If the ACHD project has not been awarded, then the applicant will be required to construct the sidewalk in its ultimate location, or provide a road trust to ACHD for the cost of the improvements. 7.1.4 Utilize the existing shared right-in/right-out driveway on Fairview Avenue, located 390-feet west of Locust Grove Road. If not existing already, provide a cross access agreement. 7.1.5 Reconstruct the right-in/right-out driveway on Locust Grove Road located 280-feet south of Fairview Avenue as a curb return type driveway. The driveway shall be constructed as a 24 to 30-foot wide curb return with minimum 15-foot radii, and paved back a minimum of 30-feet from the edge of pavement of Fairview Avenue. 7.1.6 Close the existing driveway on Locust Grove Road located 415-feet south of Fairview Avenue, with curb, gutter and sidewalk to match existing improvements. 7.1.7 Construct a full access driveway on Locust Grove Road located in alignment with Wilson Lane. The driveway shall be constructed as a 30 to 36-foot wide curb return with minimum 15-foot radii, and paved back a minimum of 30-feet from the edge of pavement of Fairview Avenue. 7.1.8 Payment of impacts fees are due prior to issuance of a building permit. 7.1.9 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way (including all easements). 7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. Exhibit A Maverik – AZ H-2016-0027 PAGE 28 7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing non- compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant’s engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 A license agreement and compliance with the District’s Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7 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 (spare or filled) are compromised during any phase of construction. 7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant’s authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. Exhibit A Maverik – AZ H-2016-0027 PAGE 29 C. Legal Description and Exhibit Map Exhibit A Maverik – AZ H-2016-0027 PAGE 30 Exhibit A Maverik – AZ H-2016-0027 PAGE 31 D. Required Findings from Unified Development Code 1. Annexation & Zoning Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Commission finds the proposed annexation with the C-G zone is consistent with the proposed Commercial future land use designation. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Commission finds that the proposed map amendment to the C-G zoning district is consistent with the purpose statement of the commercial districts and the proposed uses will provide a needed service to area residents. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Commission finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare if the applicant complies with conditions outlined in this report. However, the Commission recommends that the Council consider any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Commission finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). Per the above findings, the Commission finds the proposed annexation is in the best interest of the City if the applicant enters into a development agreement and ceases the use of the junk yard operations and remediates the site in accord with DEQ standards, removes the metal fencing, immediately removes one billboard and bonds for the removal of the remaining billboards once the terms of the leases have expired.