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AZ 04-026
MERIDIAN PLANNING & ZONING MEETING
APPLICANT Ersted Thornton Architects
October 7, 2004
ITEM NO.
8
REQUEST Public Hearing - Annexation and Zoning of 1.71 acres from RUT to C-G zone
for Mountain West Bank - northeast corner of Venture Street and East Fairview Avenue
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
See attached staff comments
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CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DËPT:
CITY PARKS DEPT:
No comment
No comment
MERIDIAN SCHOOL DISTRICT:
SANITARY SËRVICES:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS' IRRIGATION:
No comment
IDAHO POWER:
INTERMOUNTAIN GAS:
OTHER: See affidavit of Posting I See attachment from Donald & Jeanne Moore
contacted~ ltJ\. ì tf,t(~ tl Date: JY5~ Phone: 5:> (----10>(-
Emailed: Staff Initials:
Materials presented at public meetings shall become property of fhe City of Meridian.
MAYOR
Tammy de Weerd
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LEGAL DEPARTMENT
(208)466-9272 .Fax466-4405
CITY COUNCIL MEMBERS
Keith Bird
William LM. Nary
Shaun Wardle
Charies M. Rountree
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 898-5500 . Fax 898-9551
PLANNING AND ZONING
DEPARTMENT
(208) 884-5533 . FAX 888-6854
MEMORANDUM:
Transmittal Date: October 4, 2004
Hearing Date: October 7, 2004
To:
Mayor, City Council and Planning & :oning Commission RECEIVED
Craig Hood, Associate City Planner i"II ~ OCT 0 4 2004
Bruce Freckleton, Development Services Manager~
City Of Meridian
Mountain West Bank City Clerk Office
. Request for Annexation and Zoning (AZ) Approval of 2.48 acres from
RUT (Ada County) to CoG (General Retail and Service Commercial), by
Erstad Thornton Architects (File No. AZ-O4-026)
From:
Re:
.
Request for Conditional Use Permit (CUP) Approval for a new 4,550 s.f.
Bank with a Drive-Through, by Erstad Thornton Architects (File No.
CUP-O4-035)
We have reviewed these submittals and offer the following comments, as conditions of the
applicant. These conditions shall be considered in full, unless expressly modified or deleted by
motion of the Meridian City Council:
APPLICATION SUMMARY
The applicant, Erstad Thornton Architects, has requested Annexation and Zoning (AZ) and
Conditional Use Permit (CUP) approval to construct a new 4,550 square foot full-service
commercial bank with three (3) drive-through teller lanes on 1.71 acres (exclusive of right-of-
way for Venture Street and Fairview Avenue) in a proposed CoG zone. The proposed bank sits on
an unplatted parcel located on the northeast comer of Fairview Avenue and Venture Street.
Banks and financial establishments are permitted in the proposed C-G zone. However, a
Conditional Use Permit is required due to the proposed drive-through use (see MCC 11-8-1). The
applicant is proposing to construct the bank on the western portion of the parcel, leaving the
eastern 0_62 acres for a future commercial use-
The applicant is proposing to install landscaping in accordance with Meridian City Code around
the entire perimeter of the site. There is a 35-foot landscape buffer along the entire frontage of
Fairview Avenue (an Entryway Corridor), a 25-foot wide land use buffer along the north property
line (single-family to the north), a 10-foot wide landscape buffer along Venture Street
(local/commercial street), and one tree every 35-feet along the east property line.
As of the print deadline for this report, ACHD has not acted on the subject applications. ACHD
AZ-04-026/ CUP-Q4-035
Mountain West Bank.AZ.CUP
Planning & Zoning Commission/Mayor & City Council
October 7, 2004 (Hearing Date)
Page 2
staff is recommending to the Board of Commissioners that no access to Fairview Avenue be
granted to this site. ACHD staff is also recommending that the applicant be required to dedicate
additional right-of-way for Venture Street (2 additional feet) and construct curb, gutter and
sidewalk abutting the site. See ACHD staff report and the CUP section of this report for analysis
of the proposed vehicular access points. This item is scheduled on the ACHD regular agenda on
October 6, 2004.
Municipal sanitary sewer and water are existing on the south side ofFairview Avenue, adjacent to
the Wal-Mart site.
HISTORY
In 2002, the City denied an annexation application (AZ-02-0 15) for this site. Due to concerns about
access to Fairview Avenue and Venture Street, the lackofa specific development proposal, and the
potential impact of a commercial use to create traffic, noise, odor, litter, to surrounding neighbors,
the City found that the annexation and zoning of this site to C-G was not in the best interest ofthe
City at that time.
In 2004, the City approved a miscellaneous application to release the 1.6-acre parcel directly to the
east, owned by Fred Shuerman, to the City of Boise. The Area of Impact negotiations with Boise
City, Ada County, and the City of Meridian have not yet taken place and the Shuerman parcel is still
within the City of Meridian's Area of Impact.
LOCATION
The subject property is located on the northeast comer of Fairview Avenue and Venture Street,
approximately 1/3 of a mile west of Cloverdale Road.
SURROUNDING PROPERTIES
North: Single-family residential (Venture Subdivision), zoned RUT (Ada County).
South: Cemetery, zoned RUT (Ada County).
East: Petals and Stems, zoned C2 (Ada County).
West: Agricultural land, zoned R6 (Ada County).
OWNER OF RECORD
The owners of record are James and Marcelyn Wylie, and James Wylie has given consent for
Erstad Thornton Architects to submit the requested applications.
ANNEXATION & ZONING ANALYSIS
According to Ordinance 11-15-11, General Standards Applicable to Zoning Amendments, both
the P&Z Commission and Council are required "to review the particular facts and circumstances
of each proposed zoning amendment in terms of the following standards and shall find adequate
evidence answering the following questions about the proposed zoning amendment."
The following is the list of standards found in 11-15-11 and analysis by staff:
AZ-04-{)26ICUP-{)4-035
Mounlain West BankAZ.CUP
Planning & Zoning CommissionlMayor & City Council
October 7, 2004 (Hearing Date)
Page 3
A.
Will the new zoning be harmonious with and in accordance with the Comprehensive
Plan and, if not, has there been an application for a Comprehensive Plan
amendment;
In Chapter VII of the Comprehensive Plan, 'commercial' is defined as areas providing a
full range of commercial and retail to serve area residents and visitors. Staff finds that the
requested zoning designation, C-G, is harmonious with and in accordance with the 2002
Comprehensive Plan and the Future Land Use Map, which designates the land to be
"Commercial."
Staff also finds the following 2002 Comprehensive Plan text policies to be applicable to
this application (staff analysis is in italics below policy):
.
"Permit new. . . commercial development only where urban services can be
reasonably provided at the time of final approval and development is contiguous to
the City." (Chapter IV, Goal I, Obj. A, #6)
This parcel is contiguous to the City because it abuts the Records East Subdivision
(Wal-Mart) across Fairview Avenue. Sanitary sewer and water to serve this
development is currently available on the south side of Fairview Avenue.
.
"Require all commercial businesses to install and maintain landscaping." (Chapter V,
Goal III, Obj. D, #5)
Staff has included conditions for landscaping within this report.
.
"Consider 'Accommodating Bicycle and Pedestrian Travel: A Recommended
Approach' from the National Center for Bicycling and Walking in all land use
decisions." (Chapter VI, Goal II, Obj. A, #3)
This publication encourages jurisdictions to establish bikeway and walkway facilities
in new construction and reconstruction projects, in a manner that is safe, accessible
and convenient. The applicant will be required to construct 5-foot wide sidewalks
adjacent to Fairview Avenue and Venture Street as conditions of approval.
.
"Plan for a variety of commercial and retail opportunities within the Impact Area."
(Chapter VII, Goal I, Objective B)
Staff believes that the proposed use, bank with drive-through, does contribute to the
variety of commercial uses in this area, as envisioned with the Comprehensive Plan.
.
"Require screening and buffering of commercial and industrial properties and
residential use with transitional zoning." (Chapter VII, Goal IV, Obj. A, #6)
AZ-04-026! CUP-O4-0J5
Mounlain West BankAZ.CUP
Planning & Zoning CommissionlMayor & City Council
October 7, 2004 (Hearing Date)
Page 4
While transitional zoning is not proposed (e.g. L-O), the applicant does show a 25-
foot wide landscape buffer immediately adjacent to Venture Subdivision to the north.
The Landscape Ordinance requires a minimum buffer width of 25-feet between
single-family residences and commercial uses. As long as the landscape
stripslbuffirs are constructed in accordance with Meridian City Code (MCC) 12-13,
staff believes the intent of this policy is met with the submitted site and landscape
plan.
.
"Where the project is developed adjacent to low or medium density residential uses, a
transitional use is encouraged" (Chapter VII, pg- 98)
There are two existing residences immediately adjacent to the property's north
boundary, which is approximately 315-jèet long (east-west). On the north end of the site,
a transitional use is not proposed. Rather, a landscape buffer is proposed, as discussed
above. Because this site is only 230-feet deep (north-south), fitting a transitional use
between the proposed bank and the single-family homes would be difficult. Staff finds
that the separation shown meets the intent of a transitional use, as long as appropriate
screening and noise and light mitigation measures are taken. The Commission and
Council should review the sevaration and comvatibilitv of the vrovosed commercial
users) with Venture Subdivision to the north.
B.
Is the area included in the zoning amendment intended to be rezoned in the future;
Concurrent with the annexation and zoning application, the applicant has submitted a
conditional use permit for a bank with a drive-through on the subject site (CUP-04-035).
Staff does not anticipate that the applicant plans to rezone the subject property in the
future if the accompanying CUP application for a bank with a drive-through is approved.
c.
Is the area included in the zoning amendment intended to be developed in the
fashion that would be aUowed under the new zoning -for example, a residential area
turning into a commercial area by means of conditional use permits;
Staff finds that the proposed bank building is a permitted use within the requested CoG
zone. However, according to City Code the drive-through use requires conditional use
permit approval. The applicant is proposing to utilize approximately two-thirds of the
existing parcel for the proposed bank. There is no use proposed use on the remaining 0.62
acres, eastern portion of the parcel. Future conditional use permit approval may be
required, depending on the use on this undeveloped portion of the site. See Special
Consideration #1 below for further analysis of conditional use permit approval
requirements on the undeveloped portion of this site.
D.
Has there been a change in the area or adjacent areas which may dictate that the
area should be rezoned. For example, have the streets been widened, new railroad
AZ-04-o26 1 CUP-o4-035
Mounlain West Bank.AZ.CUP
Planning & Zoning Commission/Mayor & City Council
October 7, 2004 (Hearing Date)
Page 5
access been developed or planned or adjacent area being developed in a fashion
similar to the proposed rezone area;
Surrounding uses include rural residential properties to the north, retail/commercial uses
to the east, a cemetery to the south, and a turffann to the west. There has been recent
retail/restaurant/commercial/office development up and down this portion of Fairview
Avenue. Additionally, Fairview Avenue is currently improved with 5-lanes. This site is
designated 'Commercial' on the Comprehensive Plan Future Land Use Map. Staff finds
that the requested zoning designation of C-G is hannonious with the existing and planned
adjacent developments-
E.
Will the proposed uses be designed, constructed, operated and maintained to be
harmonious and appropriate in appearance with the existing or intended character
of the general vicinity and that such use will not change the essential character of
the same area;
Staff finds that the proposed commercial zone/use will change the existing character of
the area, but that the proposed zone and future uses should be hannonious and
appropriate in appearance with the existing and intended character ofthe area. Staff finds
that any future uses, if designed, constructed and operated in accordance with adopted
city ordinances, should be hannonious and appropriate in appearance with the intended
character of the vicinity.
F.
Will the proposed uses not be hazardous or disturbing to existing or future
neighboring uses;
To mitigate the possible noise and visual disturbances of the proposed commercial use,
the applicant is proposing to construct a 25-foot wide landscape buffer along the entire
north property line. Said landscape buffer has dense trees and shrubs. Staff is supportive
of the proposed landscape buffer along the north property line.
There are two potential disturbanceslhazards that staff can envision if the annexation and
zoning and concurrent CUP applications are approved. The first potential disturbance is
the potential hours of operation of the bank. If the bank is operating during regular
business hours then staff does not believe that the proposed use will be disturbing to the
existing residential uses.
The second potential disturbancelhazard has to do with vehicular access to and from this
site. The lack of any proposed access to this site was a concern of the City in denying the
annexation request in 2002 (the subject applicant is proposing two access points onto
Venture Street and one access point onto Fairview Avenue with CUP-04-035). During the
hearings for the previous annexation request, the neighbors had differing views on access.
Some neighbors did not want this site to take access to Venture Street because it would
AZ-1JW26 / CUP-1J4-1J35
Mountain West BankAZ.CUP
Planning & Zoning Commission/Mayor & City Council
October 7,2004 (Hearing Date)
Page 6
increase their time to get into and out of their development and because there are kids that
play in Venture Street. Other neighbors and ACHD did not want access to be granted to
Fairview Avenue because adding access points to arterials contributes to the inefficient
movement of cars on the roadway.
ACHD considers access points in their analysis of projects and has prepared a staff report
that prohibits access to Fairview A venue. In order to have access to Fairview A venue, the
applicant must receive a modification of ACHD policy. The ACHD Board of
Commissioners is scheduled to hear this item on October 6, 2004. Staff supports ACHD
staff's recommendation, prohibiting direct lot access to Fairview Avenue, and further
recommends that the applicant contact Mr. Shuerman to the east to see if he would be
willing to share his access to Fairview A venue with the subject property. Staff finds that
if cross access between the subject property and the property to the east is constructed as
well as the proposed accesses to Venture Street, the proposed use (access) should not be
hazardous to neighboring uses. However, staff does find that increasing the traffic
volumes on Venture Street will be an inconvenience to the existing residence as Venture
Street is the only way to get into and out of the subdivision. The Commission and
Council should rely on public testimony to determine whether or not the potential
disturbances will substantially affect the existing or future neighboring uses.
As noted above, there is approximately 0.62 acres on the eastern side of this site that the
applicant is not proposing to develop at this time. In order for staff to ensure that this
future use is not hazardous or disturbing to the existing and future neighboring uses, staff
is recommending that all future uses be required to obtain CUP approval. See Special
Consideration #1 below for further information.
G.
Will the area be served adequately by essential public facilities and services such as
highways, streets, police and fire protection, drainage structures, refuse disposal,
water, sewer or that the person responsible for the establishment of proposed zoning
amendment shall be able to provide adequately any of such services;
Sanitary sewer and water to serve this development is currently available on the south
side of Fairview Avenue. The applicant shall be responsible for the extension of utilities
to and through this proposed development. Sizing and routing shall be coordinated with
the Public Works Department.
The applicant and/or future property owners will be required to pay park and highway
impact fees as well as construct on-site storm water drainage facilities.
The ACHD Board of Commissioners is scheduled to hear this development proposal on
October 6, 2004. Because vehicular access to this site is currently provided from
substandard streets (Venture and Fairview), ACHD is requiring the applicant to install
improvements such as curb, gutter, sidewalk, and pavement widening on Venture Avenue
AZ-O4-026 / CUP-04-035
Mountain West BankAz.CUP
Planning & Zoning Commission/Mayor & City Council
October 7, 2004 (Hearing Date)
Page 7
and sidewalk on Fairview Avenue. Please review the ACHD report for additional
information regarding this finding.
On September 10,2004, a joint agency/department comments meeting was held with
representatives of key service providers to this property. Based on the joint
agency/department meeting and other comments received from agencies/departments,
staff finds that the public services listed above can be made available to accommodate the
proposed development. The Commission and Council should reference any written and/or
verbal testimony submitted by any public service provider, regarding their ability to
adequately service this project.
H.
Will not create excessive additional requirements at public cost for public facilities
and services and will not be detrimental to the economic welfare of the community;
If approved, the developer will be financing the extension of sewer, water, local street
infrastructure, utilities and irrigation services to serve the project. The primary public
costs to serve the future residents will be fire and police facilities and services. Staff finds
there will not be excessive additional requirements at public cost and that the proposed
zoning and subsequent development will not be detrimental to the community's economic
welfare.
I.
Will the proposed uses not involve uses, activities, processes, materials, equipment
and conditions of operation that will be detrimental to any persons, property or the
general welfare by reason of excessive production of traffic, noise, smoke, fumes,
glare or odors;
Staff recognizes that traffic and noise will increase with the approval of this development;
however, staff does not believe that the amount generated will be detrimental to the
general welfare of the public. Staff does not anticipate the proposed annexation and
subsequent uses will create excessive noise, smoke, fumes, glare, or odors. Staff finds
that the proposed commercial zoning/use will not be detrimental to people, property or
the general welfare of the area.
J.
Will the area have vehicular approaches to the property which shall be so designed
as not to create an interference with traffic on surrounding public streets;
The applicant is proposing to construct one new driveway to Fairview Avenue and two
new driveways to Venture Street. ACHD considers vehicular approaches in their analysis
of projects and has prepared a staff report that prohibits access to Fairview Avenue. In
order to have access to Fairview Avenue, the applicant must receive a modification of
ACHD policy from the Board of Commissioners. The ACHD Board of Commissioners is
scheduled to hear this item on October 6, 2004.
AZ-Q4-o26 I CUP-o4-035
Mountain West Bank.AZ.CUP
Planning & Zoning CommissionlMayor & City Council
October 7,2004 (Hearing Date)
Page 8
The proposed access points to Venture Street meet ACHD policy for location. Staff finds
that the least amount of interference to traffic on the surrounding public streets will occur
if cross access between the subject property and the property to the east (Shuerman) is
constructed, and the proposed access points to Venture Street are constructed. However,
staff does find that increasing the traffic volumes on Venture Street will be an
inconvenience to the existing residence as Venture Street is the only way to get into and
out of the subdivision.
The proposed site plan shows three drive-through windows with each lane able to stack
approximately 3 to 4 cars. Staffis supportive of the proposed drive-through lanes as they
should not interfere with traffic on Venture Street or Fairview Avenue.
The Commission and Council should rely on public testimony, ACHD's Commission
action, and staffs analysis when determining whether or not the vehicular approaches and
drive-through lanes will create an interference with traffic on surrounding public streets.
K.
Will not result in the destruction, loss or damage of a natural or scenic feature of
major importance; and
Staff is unaware of any natural of scenic features of major importance on this site and
finds that no natural or scenic features of major importance will be lost or damaged by
approving the annexation and zoning application. Any existing trees larger than 4" caliper
that are removed shall be mitigated for, per the Landscape Ordinance.
L.
Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord.
592,11-17-1992)"
Staff finds that all essential services are available or will be provided by the developer to
the subject property and will not require unreasonable expenditure of public funds. The
applicant is proposing to develop the land in substantial compliance with the City's
comprehensive plan and development ordinances. The land to the southwest ofthe
subject property was previously annexed into the City and this is a logical expansion of
existing zoning and land uses. In accordance with the findings listed above, staff finds
that the annexationlzoninl! of this propertv would be in the best interest of the Citv.
SPECIAL CONSIDERATIONS (ANNEXATION AND ZONING)
I. Future Development:
Commercial Uses: As noted earlier in the report, the eastern portion of this site is not being
developed at this time. If the subject annexation and zoning application is approved, C-G
property will be adjacent to rural residential properties zoned RUT in Ada County. To protect
the existing single-family uses to the north from future commercial uses on this site that may
produce excessive noise, odor, traffic, litter, etc., staff recommends that any use on the
remainder portion of this site be required to obtain Conditional Use Permit approval. See
AZ-04-026 1 CUP-O4-0J5
Moun"';n West BankA2.CUP
Planning & Zoning CommissionlMayor & City Council
October 7, 2004 (Hearing Date)
Page 9
Annexation & Zoning Facts and Conditions # 5 below.
Vehicular Access: The applicant is proposing a driveway to Fairview Avenue located
approximately 170-feet east of Venture Street. This proposed driveway is bisected by a future
property line. In order to limit access points to adjacent roadways and to provide access
between the bank portion of this site and the undeveloped eastern portion of this site, staff is
recommending that vehicular access to this site be restricted to those approved with the
concurrent CUP. See Annexation & Zoning Facts and Conditions #5 below.
2.
Hours of Operation: In the applicant's letter, the applicant does not address the hours of
operation for the proposed development. Because this site abuts single-family residences,
staff is recommending that the hours of operation for businesses on this site be limited
through a Development Agreement. To mitigate the potential detrimental aspects of a future
commercial use(s) on adjacent residences, staff is recommending that the hours ofoperation
be limited from 7 am to 7 pm. See Annexation & Zoning Facts and Conditions #5 below.
ANEXATION & ZONING FACTS AND CONDITIONS
I. The legal description submitted with the application (dated 8-9-04, stamped by Richard D.
Critser) shows the property as contiguous to the existing corporate boundary of the City of
Meridian. The Public Works Department has confirmed that the submitted legal description
meets the requirements of the City of Meridian and the Idaho State Tax Commission.
2- Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service, per City Ordinance Section 5-7-517, when services are
available from the City of Meridian. Wells may be used for non-domestic purposes such as
landscape irrigation.
3. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing
or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13.
Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users
association (ditch owners), with written approval or non-approval submitted to the Public
Works Department. Iflateral users association approval can't be obtained, plans will be
reviewed and approved by the Meridian City Engineer prior to final plat signature.
4. Any future subdivision and/or development of this property shall comply with the City of
Meridian ordinances in effect at the time.
5- Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered
into between the City of Meridian and the property owner(s). The DA shall require that:
. All proposed uses on the subject site shall be approved through the Conditional Use
Permit process.
AZ-04-O26/ CUP-04-035
Mountain West Bank.AZ.CUP
Planning & Zoning CommissionlMayor & City Council
October 7,2004 (Hearing Date)
Page 10
. Vehicular access to this site shall be restricted to those approved by ACHD and the City
with the concurrent Conditional Use Permit Application (CUP-04-035). Access to
Fairview A venue, across the parcel to the east is agreeable.
. Business hours for the property shall be limited from 7 am to 7 pm.
STANDARDS FOR CONDITIONAL USES
The Commission and Council shall review the particular facts and circumstances of each
proposed conditional use in terms of the following, and may approve a conditional use
permit Wthey shall imd evidence presented at the hearing(s) is adequate to establish (11-17-
3):
A.
That the site is large enough to accommodate the proposed use and all yards, open
spaces, parking, landscaping and other features as may be required by this
ordinance;
Parking stalls are required at the rate of one space per 200 s.f. of gross floor area for
banks (MCC 11-13-5.B). Thirty-four parking spaces are proposed; twenty-three parking
spaces are required (minimum). Staff finds that the project should have ample parking.
The proposed site plan shows three drive-through windows with each lane able to stack
approximately 3 to 4 cars. Staff is supportive of the proposed drive-through lanes as they
should not interfere with internal traffic flows or traffic flows on Venture Street.
All proposed setbacks and landscaping meet the minimum standards outlined in Titles II
and 12, Meridian City Code.
Staff finds that the subject property is large enough to accommodate the required yards
(setbacks), open spaces, parking, landscaping and other features required by the
ordinance.
B.
That the proposed use and development plan will be harmonious with the Meridian
Comprehensive Plan and in accordance with the requirements of this Ordinance;
The Comprehensive Plan Land Use Map designates the property as "Commercial." MCC
11-8-1, Schedule of Use Control, allows for drive-in establishments through the
conditional use process in the requested C-G zone. Staff finds that the requested bank use
is in compliance with the Comprehensive Plan Future Land Use Map and that if approved
as a CUP the project will be in compliance with MCC. Please see the findings in section
"A" of the Annexation and Zoning portion of this report for further analysis.
C.
That the design, construction, operation, and maintenance will be compatible with
other uses in the general neighborhood and with the existing or intended character
of the general vicinity and that such use will not adversely change the essential
AZ-O4-026/CUP-04-035
Mountlin West BankAZ.CUP
G.
H.
Planning & Zoning Commission/Mayor & City Council
October 7, 2004 (Hearing Date)
Page II
character ofthe same area;
Please see the findings in section "E" of the Annexation and Zoning portion of this report.
D.
That the proposed use, if it complies with aD conditions of the approval imposed,
will not adversely affect other property in the vicinity;
Please see the findings in sections "F", "I" and "J" of the Annexation and Zoning portion of
this report. The Commission and Council should rely upon public testimony to determine if
the development will adversely affect the other property in the vicinity.
E.
That the proposed use will be served adequately by essential public facilities and
services such as highways, street, police, and fIre protection, drainage structures,
refuse disposal, water, sewer or that the person responsible for the establishment of
proposed conditional use shaD be able to provide adequately any such services;
Please see the findings in section "G" of the Annexation and Zoning portion of this report.
F.
That the proposed use will not create excessive additional requirements at public
cost for public facilities and services and will not be detrimental to the economic
welfare of the community;
Please seethe findings in sections "G", "H" and "I" of the Annexation and Zoning portion of
this report.
That the proposed use will not involve activities or processes, materials, equipment,
and conditions of operation that will be detrimental to any persons, property, or
general welfare by reason of excessive production of traffic, noise, smoke, fumes,
glare or odors;
Please see the findings in sections "r' and "J" of the Annexation and Zoning portion of this
report.
That the proposed use will have vehicular approaches to the property which shaD be
so designed as not to create an interference with traffic on surrounding public
streets;
The applicant is proposing to construct one new driveway to Fairview Avenue and two
new driveways to Venture Street. ACHD considers vehicular approaches in their analysis
of projects and has prepared a staff report that prohibits access to Fairview Avenue. In
order to have access to Fairview Avenue, the applicant must receive a modification of
ACHD policy from the Board of Commissioners. The ACHD Board of Commissioners is
scheduled to hear this item on October 6, 2004.
AZ-04.026 I CUP-D4-035
Moun1ain West BankAZ.CUP
Planning & Zoning Commission/Mayor & City Council
October 7,2004 (Hearing Date)
Page 12
The proposed site plan shows three drive-through windows with each lane able to stack
approximately 3 to 4 cars. The drive-through lanes are located on the west side of the
proposed bank building. Staff is supportive of the proposed drive-through lanes as they
should not interfere with internal traffic flow or traffic flows on the abutting roadways.
The Commission and Council should rely on public testimony, ACHD Commission
action, and staffs analysis when determining whether or not the vehicular approaches
create an interference with traffic on surrounding public streets. Please see the Findings in
section "J" in the Annexation and Zoning portion of this report for more analysis.
I.
That the proposed use will not result in the destruction, loss or damage of a natural,
scenic or historic feature considered to be of major importance.
Staff is unaware of any natural of scenic features of major importance on this site and
finds that no natural or scenic features of major importance will be lost or damaged by
approving the annexation and zoning application. Any existing trees larger than 4" caliper
that are removed shall be mitigated for, per the Landscape Ordinance.
SPECIAL CONSIDERATIONS
I. Access: The applicant is proposing to construct one new driveway to Fairview Avenue
and two new driveways to Venture Street. The proposed access points to Venture Street
meet ACHD policy for location.
ACHD considers vehicular apDroaches in their analvsis of projects and has prepared a
staffreoort that prohibits access to Fairview Avenue. In order to have access to Fairview
Avenue, the applicant must receive a modification of ACHD policy from the Board of
Commissioners. The ACHD Board of Commissioners is scheduled to hear this item on
October 6,2004- There is an existing access to Fairview Avenue located just off the east
property line of the subject site. ACHD staff and City staff are both supportive of the
subject site sharing this access with the property owner to the east (Shuerman) as it meets
ACHD's policy for location and prevents additional access points to an arterial street.
NOTE: Staff tried to set up a meeting between the applicant and Mr. Shuerman to work
out the details of a shared access. The parties were unable to get together prior to
preparation of this report.
Adding traffic to Venture Street was one of the main concerns of property owners within
Venture Subdivision when this site was proposed for annexation in 2002. However, staff
believes that the least amount of interference to traffic on the surrounding public streets
will occur if cross access between the subject property and the property to the east
(Shuerman) is constructed, and the proposed access points to Venture Street are
constructed. Staff understands that increasing the traffic volumes on Venture Street will
be an inconvenience to the existing residences as Venture Street is the only way to get
AZ-O4-026 / CUP-O4-D3 5
Mountain West BankAZ.CUP
Planning & Zoning Commission/Mayor & City Council
October 7,2004 (Hearing Date)
Page 13
into and out of the subdivision. If access to this site is provided from both Venture Street
and Fairview Avenue, patrons will be able to access the site from multiple locations,
distributing traffic more efficiently. Staff supports ACHD staff in prohibiting direct lot
access to Fairview Avenue. and recommends that the applicant contact Mr. Shuerman to
the east to see ifhe would be willing to share his access to Fairview Avenue with the
subject property. Further, staff recommends that cross-access be provided to Venture
Street across the bank portion of this site and the undeveloped eastern portion of this site.
See Site Specific Condition #2 below. Because staff has not heard from any of the
neighbors within Venture Subdivision, nor the ACHD Board of Commissioners, staff is
recommending that the Commission and Council rely on testimony provided at the public
hearings to determine appropriate access for this development.
Drive-Through; The proposed drive-through use is the basis for the subject CUP
application. The proposed site plan shows three drive-through windows with each lane
able to stack approximately 3 to 4 cars. Staff is supportive of the proposed drive-through
lanes as they should not interfere with internal traffic flows or traffic on Venture Street or
Fairview Avenue because adequate vehicular stacking is provided on-site. See Site
Specific Condition #3 below.
2.
Landscaping: The following comments regarding landscaping are based on the landscape
plan prepared by The Land Group, Inc., dated 7-13-04.
Street Buffers: Meridian City Code 12-13-10-4 requires a 35-foot landscape buffer
adjacent to Entryway Corridors, which this section of Fairview Avenue is designated, and
a 10-foot wide landscape buffer adjacent to Venture Street. MCC 12-13-10-2 requires all
buffers to be located beyond any street right-of-way. MCC 12-13-10-6 requires street
buffers to contain trees, shrubs, lawn, or other vegetative groundcover, with a minimum
density of one tree per 35 linear feet.
The submitted landscape plan depicts a IO-foot wide landscape buffer on Venture Street
and a 35-foot wide landscape buffer on Fairview Avenue. Staff is supportive of the
proposed buffer widths and the proposed materials within the buffers as they comply with
current Meridian City Code.
Internal Landscaping: Meridian City Code 12-13-12 requires landscape buffers between
different land uses. MCC 12-13-12-5 requires a 25-foot wide buffer between commercial
uses and single-family homes. There are existing single-family homes to the north of this
site. In accordance with MCC, the applicant is proposing to construct a 25-foot wide
landscape buffer along the entire north property line. Materials used in the buffer shall be
in accordance with MCC 12-13-12-3.
MCC 12-13-11-3.B requires landscape planters to be not less than five feet in any
dimension, measured inside curbs. MCC 12-13-11-3.E requires all interior planters that
AZ-D4-026/ CUP-04-035
Mountain West BankAZ.CUP
6.
Planning & Zoning CommissionlMayor & City Council
October 7, 2004 (Hearing Date)
Page 14
serve a single row of parking spaces to be landscaped with at least one tree and to be
covered with low shrubs, lawn, or other vegetative groundcover. Staff is supportive of the
proposed landscape planters within the parking area, however, there are three planters on
the north side of the site that are not 5-feet wide, measured inside curbing. In accordance
with MCC 12-13-11-3.B, all landscape planters shall be a minimum 5-feet wide,
measured inside curbing. See Site Specific Condition #5 below.
3.
Parkin!!: MCC 11-13-5_B requires one parking stall per every 200 square feet of gross
floor area. The applicant is proposing to construct a 4,550 square foot bank building. By
City Ordinance 23 parking stalls are required for the proposed bank use. The submitted
site plan proposed 34, 90-degree parking stalls. MCC 11-13-4.F requires 90-degree
parking stalls to be 19-feet long and 9-feet wide with a 25-foot wide driveway aisle. The
submitted site plan shows all of the parking stalls at 18-feet long and 9-feet wide. In
accordance with Meridian City Code, all of the parking stalls shall be 19-feet long, 9-feet
wide, with a 25-foot wide driveway aisle. See Site Specific Condition #6 below.
4.
Elevations: The applicant has submitted elevations and a floor plan with the application.
Staff is supportive of the proposed elevations and materials shown on Sheet a3.l1,
prepared by Erstad Thornton Architects on 7-07-04. Staff believes that the proposed bank
building will be compatible with the uses in the area (architecturally and aesthetically), if
the buildings are constructed as shown on the submitted elevation sheet. When a
Certificate of Zoning Compliance (CZC) is issued for this building in the future, staff will
verify that the orientation and construction of the building is consistent with the approved
elevations submitted with this CUP. All building construction should substantially
comply with the elevations prepared by Erstad Thornton Architects, sheet a3.11, dated 7-
07-04. Construction materials used on the structure should be approved by City of
Meridian Building Department and in accordance with the most recent Uniform Building
Code. See Site Specific Condition #7 below.
5.
Pressure Irri!!ation: 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 shall be
required to utilize any existing surface or well water for the primary source. If a surface
or well source is not available, a single-point connection to the culinary water system
shall be required. If a single-point connection is utilized, the developer shall be
responsible for the payment of assessments for the common areas prior to signature on
the final plat by the City Engineer. An underground, pressurized irrigation system shall be
installed to all landscape areas per the approved specifications and in accordance with
MCC 12-13-8 and MCC 9-1-28. See Site Specific Condition #8 below.
Fencin!!: There is no proposed fencing shown on the submitted site plan. If no permanent
fencing is provided on the perimeter, temporary construction fencing to contain debris
must be installed around the perimeter prior to issuance of a building permit. All fencing
should be installed in accordance with MCC 12-4-10. See Site Specific Condition #9
AZ-04-026 f CUP-Q4-035
Mounmin West BankAZ.CUP
Planning & Zoning CommissionlMayor & City Council
October 7,2004 (Hearing Date)
Page 15
below.
SITE SPECIFIC CONDITIONS OF APPROVAL (CUP)
I. All conditions of the accompanying Annexation and Zoning (AZ-04-026) application
shall also be considered conditions of the Conditional Use Permit (CUP-04-035)
application.
2.
Unless otherwise approved by ACHD, direct access to this site shall be provided from
Venture Street and not Fairview Avenue. Staff recommends that the applicant contact the
property owner to the east (Shuerman) to discuss sharing an access to Fairview Avenue.
3.
The site plan prepared by Erstad Thornton Architects, labeled al.ll, and dated 7-07-04,
showing a drive through on the western portion of the subject site is approved with the
changes listed herein. Prior to issuance of a Certificate of Zoning Compliance (CZC)
permit, the applicant shall submit a revised site plan that complies with the applicable
changes/additions/notes listed in the Site Specific Conditions of this report.
4.
Sanitary sewer and domestic water service to this site shall be via main line extension
from the existing mains adjacent to the property near the comer of the Wal-Mart site.
The applicant shall be responsible for acquiring appropriate standard City of Meridian
easements from the property owner for the installation and operation of the sewer
mainline on private property. Applicant shall be required to extend water and sanitary
sewer mains to and through the proposed development, thereby making them available
to the adjacent properties. Subdivision designer to coordinate main sizing and routing
with the Public Works Department.
5.
The submitted landscape plan, prepared by The Land Group, Inc., and dated 7-13-04 is
approved as submitted with the following changes/notes:
. Provide a lO-foot wide (minimum) landscape buffer along Venture Street, located
entirely outside of any existing right-of-way and any additional right-of-way
required by ACHD with this application. All trees shall be located beyond the
required street right-of-way.
. Provide a 35-foot wide (minimum) landscape buffer along Fairview Avenue,
located entirely outside of any existing right-of-way and any additional right-of-
way required by ACHD with this application. All trees shall be located beyond the
required street right-of-way.
. Provide a minimum 25-foot wide landscape buffer along the entire north property
line, as proposed. Materials used in the buffer shall be in accordance with MCC
12-13-12-3.
. Construct all interior landscape planters (islands) to be a minimum 5-feet in width
(measured inside curbs).
. Any tree over 4" in caliper that is removed from the property shall be replaced by
installing additional trees, being the equivalent number of caliper inches of trees
AZ-04-026 I CUP-O4-035
Mounlain West BankAZ.CUP
12.
13.
Planning & Zoning Commission/Mayor & City Council
October 7,2004 (Hearing Date)
Page 16
that were removed- Required landscaping trees will not be considered as
replacement trees for those trees that are removed (MCC 12-13-13-3).
Prior to issuance of a Certificate of Zoning Compliance (CZC) permit, the applicant shall
submit a revised landscape plan that complies with the changes/additions/notes listed
above.
6.
The number of off-street parking stalls is approved as shown on the submitted site plan.
In accordance with MCC 11-13-5, all standard parking stalls shall be constructed 9-feet
by 19-feet minimum and the drive aisles shall be at least 25-feet wide.
7.
Building construction shall substantially comply with the elevations prepared by Erstad
Thornton Architects, sheet a3.11, dated 7-07-04. Construction materials used on the
structure shall be approved by City of Meridian Building Department and be in
accordance with the most recent Uniform Building Code.
8.
An underground, pressurized irrigation system shall be installed to all landscape areas per
the approved specifications and in accordance with MCC 12-13-8 and MCC 9-1-2.
9.
If no permanent fencing is provided on the perimeter, temporary construction fencing to
contain debris must be installed around the perimeter prior to issuance of a building
permit. All fencing should be installed in accordance with MCC 12-4-10.
10.
Comply with the conditions and comments of all City Departments, and other agencies.
11.
The applicant shall coordinate the location and design of trash dumpster(s) with Sanitary
Services Company (SSC) staff. Trash enclosures must be built in the location and to the
size approved by SSC. All dumpster(s) must be screened in accordance with MCC 11-12-
I.C. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal
and submit stamped (approved) plans with your certificate of zoning compliance
application.
No building or other structure shall be erected, moved, added to or structurally altered,
nor shall any building structure or land be established or change in use on this site
without first obtaining a Certificate of Zoning Compliance (CZC) from the Meridian
Planning and Zoning Department (MCC 11-19-1).
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.
AZ-Q4-O26/CUP-O4-035
Mounlain West BankAZ.CUP
16.
17.
18.
19.
Planning & Zoning Commission/Mayor & City Council
October 7,2004 (Hearing Date)
Page 17
Any temporary occupancy will not exceed 60 days to complete the required
improvements.
14.
If construction has not begun within 18 months of City Council approval, a new
conditional use permit must be obtained prior to the start of development.
15.
Outside lighting shall be designed and placed in such a manner as to eliminate glare and
illumination of the adjoining roadways and properties, in accordance with City Ordinance
Section 11-13-4.C.
A drainage plan designed by a State ofIdaho licensed architect or engineer is required and
shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas.
Storm water treatment and disposal must be designed in accordance with Department of
Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices
for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal
into surface water is prohibited unless the jurisdiction whic4 has authority over the receiving
stream provides written authorization prior to development plan approval. The applicant is
responsible for filing all necessary applications with the Idaho Department of Water
Resources regarding Shallow Injection Wells.
All signage shall be in accordance with the standards set forth in Section 11-14 of the
City Zoning and Development Ordinance.
All construction shall conform to the requirements of the Americans with Disabilities
Act.
Applicant's (or successor's) failure to comply with any of the terms of approval of the
conditional use permit shall be cause for revocation of the conditional use permit.
OTHER AGENCY COMMENTS & CONDITIONS
MERIDIAN POLICE DEPARTMENT
I. No comments received.
MERIDIAN PARKS DEPARTMENT
I. The Parks Department has no concerns with the site design as submitted with the
application.
MERIDIAN FIRE DEPARTMENT
1. Final approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works spec.
AZ-{)4-026 / CUP-04-035
Mountrin West BankAZ.CUP
Planning & Zoning CommissionlMayor & City Council
October 7,2004 (Hearing Date)
Page 18
d-
Locations with fire hydrants shall have the curb painted red 10' to each side of the
hydrant location.
Fire Hydrants shall be placed on comers.
Fire hydrants shall not have any vertical obstructions to outlets within 10'.
e.
f.
2.
AIl entrance and internal roads shall have a turning radius of 28' inside and 48'
outside.
3.
Provide a 20-foot wide Fire Lane for all internal and external roadways-
4.
Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins.
5.
With respect to teller lanes, fire lanes shall have a vertical clearance of 13-6".
6.
This office/commercial development will have an unknown transient population and will
have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire
Department has experienced 2,397 responses in the year 2003. According to a report
completed by Fire & Emergency Services Consulting Group our requests for service are
projected to reach 2,800 in the year 2005 and 3,800 by the year 2010.
7.
Maintain a separation of 5-feet from the building to the dumpster enclosure.
8.
Provide a knoxbox entry system for the complex.
RECOMMENDATION
Upon resolution of the access issue, staff recommends approval of the subject Annexation and
Zoning (AZ-04-026) application and Conditional Use Permit (CUP-04-035) application with the
aforementioned conditions-
AZ-04-026/CUP-O4-035
Mountain West BankAZ.CUP
~~
/' ;anagement
& Development LLC
2700 W. Airport Way
P.O. Box 15407
Boise, Idaho 83715
208-345-7030
FAX 208-345-7210
September 23,2004
City of Meridian
Re:
Public Hearing Notices Posted
Dear City of Meridian,
Per your requirements, we have posted the Public hearing notice at the property located
on the NE comer of Fairview Ave. and Venture St. Please see the attached picture. We
placed one sign facing Fairview and one sign facing Venture.
The public hearing is October 7, 2004 at 7:00 pm-
Thank you,
I~ç
Kari Davis
"""""'"
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NOTARY ~:4tOR( AHO
Residing at /3tJ1 SE, I D
My Commission Expires Oq I tl71 If)
-"--'-
. Fairview Ave. & Venture Street is
Venture Subdivision's ONLY egress
. Fairview Ave. & Venture Street is a
4-way intersection
Concerning Public meeting October 7,2004.
Before approving Mountain West Bank annexation and rezoning, we respectfully
request that these items be addressed to assure that this business would be
compatible with our wonderful neighborhood.
Thank you,
Donald and Jeannine Moore, 4292 Venture Place, Meridian ID
/
:/"
1q/O7/2004 15: 41 FAX 2088886854
MERIDIAN P&Z DEPT.
-> CIty Clerk
@001/002
FROM: ersta.cl thornton architectS
FAX i'V. : 2Ø8 331 9Ð3S
Oct. 07 20Ø4 01:56PM P1
GCT 0 7 2004
CITY OF MERIDIAN
CITY CLERK OFFICE
'.
Pr}~
ID'7'Ú~
11M\ gf1
RECEIVED
erstad tharnton architects
848 fulton slre,t boj,. iduh, 83702 tele,h,ne [208)331-9021 fe,,¡mil, (103)33H035
October 7, 2004
muil@,ru"hirecrs.(um
Craig Hood
Meridian Planning & Zaning Commission
FAX: 688-6854
RE:
Mounfain West Bank
Dear CrBig;
In reviewing the staff report far the requested anne~a~,," ~"d zoning change, as well as
canditional use pennit far the new Mountain West Bank at Venture Road and Fairview
Avenue, there are a few items I'd like 10 touch base an and address at tonighfs hearing. As
you read th~gh the Special Consider;ations Annexation and Zo"i"g Facts and Cand~íons
and Site Specific Conditions of Approval, the items that come up that we would request
saine flexibility "" include the fallowing:
, . Last night October 6. 2004, ACHD granted acœss 10 Fairview at the eastern property
line with a ahared drive. We feellhis access point is critical and will work to make it
happen.
2- We would like 'he building to have II Fairview address and don't foresee any potential
problem with this request
3. The staff report has identified a liMitation on hours of operation for the bank frcm 7am-
7pm. We wauld like the flexibility far tnose hours to be eldended as long as ther.. is no
subsfanlial ad~rse impacts to the neighbors. .
4, We feel Ihe conditian that requires Ccmd~ional Use approval on any use for the
adjaC$nt parcel of ground, is olferly res1rictiv8- We would like allowed Uses within thø
GC zone, sue,," as offices - bath professional and medical, retail stores, sit down
restaurants (a drive thraugh automatically requires a CUP). a veterinary çlinic, a
bakery products støre, storage facility, a pril1tlmail snap such as (jnko's or Mailbo~
Etc... or UPS store, a drycleaner, an.;! any other uses which won't halfe an e><temal
effect On the residential U5e$ to the no""" not to require a Conditional Use application-
We recognize that if a user requesl9 speeial eonsidØlalklIl fllr that ! I'ðund. thell they
would be required a Conditonal Use,
S. The condition relative 10 building eleva!ions - as YtKI are aware those elevations are
conceptual at this point, With further develapment in the design process. there are
baund to be adjustments, which we wollid be bringing in front of staff- We requ.."t that
any design modifications be reviewed at the staff level.
6. There is a comment assaciated with the parking stall sizes, and as we have designed
the sile the dimensional requirements WIll be mel We Iypiaally account far overhang
onto a sidewalk and at this point can adjust the sidewalk. to meet afj criteria.
7. This site is impacted by a significant setback and landscape buffers not only ..Iong
Fairview Avenue but also to the norih adjacent the residential property. We are
currenUy landscaping over 6D feet of the lat. an a parœllhat Is less than 200 feet deep
with 'andsc,"pe- Of particular inte......t is the 25 foot deep landscape buffer 10 the north,
proteclíng the adjacent residential parcels frcm negative impacts of this (and other)
land uses-
OCT 07 '04 16:04
2088886854
PAGE. 01
19/07/2004 15: 41 FAX 2088886854
...,---
FROM : erstðd thor-n1:cn arch i tect;;
IlERIDIAN P&Z DEPT.
.. City Clerk
@002/002
FAX NO. : 208 331 9Ø3S
Oct. 07 2004 01:57PM P2
8, The final item Is associated with the utility extensions. We would.like to estabJüsh a
'late eamers' agreement for entities wishing to haok into these irnprOlremenl&. We
recognize Meridian daes have such a policy and would like it part of the record.
We appreciate thethoraughness of stafI'e report and c:onditions. I am available to discuss
this at your convenience.
Sincerely,
erstild thornton ¡m;hiteets
~.Ð_.c:~
Andrew C- Elstad, AlA
Þrincipal
ACE/sw
cc: Andy Simands
OCT 07 '04 16:04
2080086854
PAGE. 02
CITY OF MERIDIAN
PUBLIC HEARING
SIGN-UP SHEET
DATE
October 7, 2004
ITEM #
PROJECT NUMBER
AZ 04-026
PROJECT NAME
Mountain West Bank
FOR
AGAINST NEUTRAL
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