Westmark Credit Union CUP
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of a Request for Conditional Use Permit Approval for a 3,477 Square-Foot
Drive-Through Credit Union in a C-C Zone, by Westmark Credit Union
Case No(s): CUP-05-0m
For the City Council Hearing Date of: April 5, 2005
A. Findings of Fact
I. Hearing Facts
a. A notice of a public hearing was published for two (2) consecutive weeks prior to
the City Council public hearing, the first publication appearing and written notice
mailed to property owners or purchasers of record within three hundred feet (300')
ofthe external boundaries ofthe property. The notice of public hearing before the
City Council was posted upon the property under consideration more than one week
before said hearing. All other noticing was done consistent with Idaho Code §67-
6509.
The matter was duly considered by the City Council at the April 5, 2005, public
hearing(s). The applicant, affected property owners, and government subdivisions
providing services within the planning jurisdiction ofthe City of Meridian were
given full opportunity to express comments and submit evidence.
b.
Written and oral testimony was received on this matter, as reflected in the records
ofthe City Clerk (for written testimony) and in the official meeting minutes (for
oral testimony).
The Planning and Zoning Commission conducted a public hearing and issued a
written recommendation on the subject matter to the City Council.
c.
d.
The City Council heard and took oral and written testimony and duly considered the
evidence and the record in this matter.
2. Process Facts
a. There has been compliance with all notice and hearing requirements set forth in
Idaho Code §67-6509, 6512, and Meridian City Code §§11-15-5 and 11-17-5 as
evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of
Posting filed with the staffreport.
3. Application and Property Facts
a. In addition to the application and property facts noted in the staff report and the
Planning & Zoning Recommendation for the subject application(s), it is hereby
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-O5-0m - PAGE I of 4
verified that the property owner(s) of record at the time of issuance of these
findings is Westmark Credit Union.
4. Required Findings per Zoning Ordinance
a. See Exhibit D for the findings required for this application.
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 Zoning, Subdivision and
Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all
current zoning maps thereof. The City of Meridian has, by ordinance, established the
Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was
adopted August 6, 2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code
§ 11-17-9.
4. Due consideration has been given to the comment(s) received ITom 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 and Zoning Department, the Public Works Department and
any affected party requesting notice.
7. That this approval is subject to the Legal Description in Exhibit A, the Site Plan dated
January 6, 2005 as shown in Exhibit B, and the Site Specific and Standard Conditions
as shown in Exhibit C. 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 § 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
I. The applicant's Site Plan as evidenced by having submitted the Site Plan dated January
6, 2005 is hereby conditionally approved; and,
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-O5-0m - PAGE 2 of 4
2. The Site Specific and Standard Conditions are as shown in Exhibit C.
D. Notice of Applicable Time Limits
I. Notice of Eighteen (18) Month Conditional Use Permit Duration
Please take notice that the conditional use permit shall be valid for a maximum period
of eighteen (18) months unless otherwise approved by the council. During this time,
the permit holder must commence the use as permitted in accordance with the
conditions of approval, satisfY the requirements set forth in the conditions of approval,
acquire building permits and commence construction of permanent footings or
structures on or in the ground. In this context "structures" shall include sewer and
water lines, streets or building construction. The applicant has specified in the
application and to the commission and council a construction schedule and completion
date for the project. If the completion date specified for the project is exceeded, the
conditional use application shall become null and void. However, the applicant may
submit an application for a time extension on the project for city council review. The
application for time extension shall be submitted at least thirty (30) days prior to the
deadline for completion of the project. For projects requiring platting, the final plat
must be recorded within this eighteen (18) month period. For projects with multiple
phases, the eighteen (18) month deadline shall apply to the first phase. In the event that
the development is made in successive contiguous segments or multiple phases, such
phases shall be constructed within successive intervals of one year from the original
date of approval by the council. If the successive phases are not submitted within one
year intervals, the conditional approval of the future phases shall be null and void.
(MCC 11-17-4.B.)
E.
Notice of Final Action and Right to Regulatory Takings Analysis
I. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed
with the City Clerk not more than twenty-eight (28) days after the final decision
concerning the matter at issue. Arequest 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, pursuant to Idaho Code § 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
F.
Exhibits
Exhibit A:
Legal Description
Approved Site Plan
Exhibit B:
Exhibit C:
Site Specific and Standard Conditions
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-O5-0m - PAGE 3 of 4
Exhibit D: Conditional Use Permit Findings
5'~
By ~e Cit: ;~~cil at its regular meeting held on the day of
COUNCIL MEMBER SHAUN WARDLE VOTED ~
COUNCIL MEMBER CHRISTINE DONNELL
VOTED~
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED~
VOTED-.þ
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED -
and City Attorney.
BY:<.-10 ~1)j'\11 AJ-tQOlr\
City Clerk's Office
Dated:--.1-14-05
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-O5-0m - PAGE 4 of 4
EXHIBIT A
JHN-<ð4-<005 J4: 3?
Westmark Credit Union
CUP-O5-003
Legal Description
EXHJBlT A
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EXHIBIT B
k Credit Union
Westmar 3
CUP-O5-00
Approved Site Plan
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6.
EXHIBIT C
Westmark Credit Union
CUP-O5-003
Site Specific and Standard Conditions
SITE SPECIFIC CONDITIONS OF APPROVAL (CUP)
1. All conditions of the previously approved Silverstone Corporate Center, AZ-OI-
001, CUP-OI-002, PP-OI-001, and FP-OI-019 shall also be considered conditions
of the Conditional Use Permit (CUP-05-0m) application.
2.
To facilitate correct traffic flow movements, directional signs shall be installed in
the landscape planters as shown on the site plan. A sign reading "Exit Only,"
"Wrong Way," or a similar cautionary statement should be installed at the western
driveway. Other than the directional signs listed above, no signs are approved
with this application. All wall and ITee-standing signs require a separate permit.
All signage shall be in accordance with the standards set forth in Section 11-14 of
the City Zoning and Development Ordinance.
3.
Provide the building address numbers on the top of the pylon facing Eagle Road,
Please contact Joe Silva (888-1234) for further information regarding this
condition and the size of the numbering/lettering.
4.
The landscape plan prepared by Harvest Designs, P.C., labeled LS-l, and dated 1-
7-05, is approved with the following changes/notes:
. In accordance with MCC 12-13-7-3, all woody shrubs must be ITom a
minimum 2 gallon pot (1 gallon shown within the planting schedule for
some shrubs);
Construct a 5-foot wide north-south concrete walk through the landscape
planter on the north side of the northern parking stalls (approximately
between parking stalls 20 & 22);
The proposed screen wall (for mechanical condensers, electrical/gas
metering, irrigation controls, etc.) on the north side ofthe building shall be
no taller than 8-feet; and,
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.
.
.
.
The site plan prepared by ZGA Architects, labeled AU, and dated 1-6-05, is
approved as submitted with the changes listed in this staff report. The number and
size of the off-street parking stalls is approved as shown on the submitted site
plan.
Comply with the conditions and comments of all City Departments, and other
agencies.
7.
No additional buildings or other structures 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 fITst obtaining a Certificate of Zoning
Compliance (CZC) ITom the Meridian Planning and Zoning Department (MCC
11-19-1).
8.
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% ofthe cost of the required improvements (including
paving, striping, landscaping, and irrigation). A bid must accompany any request
for temporary occupancy. Any temporary occupancy will not exceed 60 days to
complete the required improvements.
9.
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.
10.
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.
11.
All construction shall conform to the requirements of the Americans with
Disabilities Act.
12.
Applicant's (or successor's) failure to comply with any ofthe terms of approval
ofthe conditional use permit shall be cause for revocation of the conditional use
permit.
OTHER AGENCY COMMENTS & CONDITIONS
SANITARY SERVICE COMPANY
1. Please contact Bill Gregory at SSC (888-3999) for detailed review of your
proposal and submit stamped (approved) plans with your certificate of zoning
compliance application.
MERIDIAN FiRE DEPARTMENT
1. Acceptance of the water supply for fire protection will be by the Meridian Fire
Department and water quality by the Meridian Water Department for bacteria
testing.
2.
Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
a. Fire Hydrants shall have the 4 Yz" outlet face the main street or parking lot
aisle.
The Fire hydrant shall not face a street which does not have addresses on
it.
Fire hydrant markers shall be provided per Public Works spec.
b.
c.
9,
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 corners when spacing permits,
Fire hydrants shall not have any vertical obstructions to outlets within 10'.
Fire hydrants shall be place 18" above finish grade.
e.
f.
g.
3.
All entrance and internal roads shall have a turning radius of 28' inside and 48'
outside radius.
4.
Operational fire hydrants and temporary or permanent street sigus are required
before combustible construction is brought on site.
5.
Commercial and office occupancies will require a fire-flow consistent with the
International Fire Code to service the proposed project. Fire hydrants shall be
placed per Appendix D.
6.
The proposed project lies outside the five-minute response zone goal.
Achievement of this goal is subject to budgetary constraints and is intended to
enhance the probability of a favorable outcome on a request for Basic Life
Support. The budget constraints are typically defined as capital outlay for
facilities that are located within 1.5 miles ITom a given location and sufficient
operational funds to staff the facilities.
7.
Provide a Knoxbox entry system for the complex prior to occupancy.
8.
The Fire Dept. has concerns about the ability to address the project and have the
addresses visible fÌ'Om the street which the project is addressed off of. Please
contact Joe Silva (888-1234) to address this concern prior to the public hearing.
Provide exterior egress lighting as required by the Intemational Building & Fire
Codes.
10.
Where a portion of the facility or building hereafter constructed or moved into or
within the jurisdiction is more than 400 feet (122 m) ITom a hydrant on a fire
apparatus access road, as measured by an approved route around the exterior of the
facility or building, on-site fire hydrants and mains shall be provided where required
by the code official. For buildings equipped throughout with an approved automatic
sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the
distance requirement shall be 600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be
600 feet (183 m).
b. For buildings equipped throughout with an approved automatic sprinkler
system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the
distance requirement shall be 600 feet (183 m).
ADA COUNTY HIGHWAY DISTRICT
I. On March 14, 200 I, the Ada County Highway District Commission acted on:
. Silverstone Corporate Center! MPP-OI-00l/MCUP-OI-002/MAZ-OI-001.
The same Conditions and Requirements also apply to MCUP-OS-003.
2.
A traffic impact fee will be assessed by ACHD and will be due prior to the issuance
of a building permit. Contact ACHD Planning & Development Services at 387-6170
for information regarding impact fees.
NAMPA & MERIDIAN IRRIGATION DISTRICT
1. If all storm drainage is retained on-site there will be no impact on Nampa &
Meridian Irrigation District and no further review will be required.
2.
All laterals and waste ways must be protected.
3.
The developer must comply with Idaho Code 31-380S.
4.
It is recommended that irrigation water be made available to all development
within the Nampa & Meridian Irrigation District.
EXHIBIT D
Westmark Credit Union
CUP-O5-003
Conditional Use Permit Findings
The Commission and Council shall review the particular facts and circumstances of each
proposed conditional use in terms of the following, and may approve a conditional use
permit if they shall find evidence presented at the hearing(s) is adequate to establish (11-
17-3):
A.
That the site is large enough to accommodate the proposed use and all yards,
open spaces, parking, landscaping and other features as may be required by
this ordinance;
The proposed site plan shows three drive-through lanes on the west side of the
proposed building. There is a 14-foot wide escape lane west ofthe drive-through
lanes. The three drive-through lanes are covered by a 1,211 square-foot canopy.
City Council is supportive of the layout for the proposed drive-through lanes and
proposed traffic flow pattern for this lot, as stacking vehicles should not interfere
with internal traffic flows or traffic flows on the adjacent shared driveways or
Eagle Road. To further prevent vehicles ITom entering the drive-through from the
wrong direction (north), the applicant is proposing directional signs for the
traveling public. See Site Specific Condition #2.
Parking stalls are required at the ratio of one space per 200 square-feet of gross
floor area for financial institutions (MCC 11-13-5.B). Per this requirement, 17
stalls are required. There are 25 parking stalls provided on this site, 12 standard
stalls, 12 compact stalls, and 1 accessible stall. This provision exceeds the City's
minimum parking stall ratio. City Council finds that the project should have
ample parking, and is supportive ofthe applicant's request to construct 12
compact stalls on the north side of the site.
There is an existing 35-foot wide landscape easementlbuffer along Eagle Road.
Landscaping within this buffer was constructed with Silverstone Subdivision. The
applicant is proposing 4,342 square-feet of additional internal landscaping (12%
of the site)
All proposed building setbacks and landscaping meet the minimum standards
outlined in Titles 11 and 12, Meridian City Code.
City Council 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.
D.
E.
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 "Mixed Use-
Regional." This designation is intended to "provide for a combination of
compatible land uses that are typically developed under a master or conceptual
plan. The purpose of this designation is to identifY key areas which are either
infill in nature or situated in highly visible or transitioning areas of the city where
innovative and flexible design opportunities are encouraged." This site was part of
the larger Silverstone campus plan, which is located in a highly visible and
rapidly transitioning part of the city. The proposed use is compatible with the
other commercial/office uses approved in this area.
MCC 11-8-1, Schedule of Use Control, allows for drive-through establishments
through the conditional use process in the C-C zone. City Council finds that the
requested credit union with a drive-through is in compliance with the
Comprehensive Plan and that if approved as a CUP the project will be in
compliance with Meridian City Ordinances.
C.
That the design, construction, operation, and maintenance will be compatible
with other uses in the general neighborhood and with the existing or
intended character of the general vicinity and that such use will not adversely
change the essential character of the same area;
City Council is generally supportive ofthe site plan design. This area is part of a
larger mixed-use commercial area, which City Council believes the applicant has
designed to accommodate. City Council believes that a drive-through credit union
will be compatible with other useslbuildings in the area. There is a significant
amount oflandscaping being provided (approximately 12% ofthe gross land
area), and the proposed use is consistent with the previously approved uses within
Silverstone Subdivision.
City Council finds that if the applicant complies with the conditions outlined in
this report, the general desigu, construction, operation, and maintenance should be
compatible with other uses in the general neighborhood and with the existing and
intended character of the area.
That the proposed use, if it complies with all conditions of the approval
imposed, will not adversely affect other property in the vicinity;
City Council finds that if the applicant complies with the conditions outlined in
this report, the proposed drive-through use will not adversely affect other property
in the area.
That the proposed use will be served adequately by essential public facilities
H.
and services such as highways, street, police, and fire protection, drainage
structures, refuse disposal, water, sewer or that the person responsible for
the establishment of proposed conditional use shall be able to provide
adequately any such services;
Sanitary sewer and water are currently provided to the subject site.
The Ada County Highway District Board of Commissioners previously acted on
the Silverstone Subdivision applications. The conditions, requirements and
restrictions for Silverstone Subdivision also apply to CUP-OS-OO3.
On February 11, 200S, 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 ITom other
agencies/departments, City Council finds that the public services listed above can
be made available to accommodate the proposed use.
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;
If approved, the applicant will be financing any improvements required for
development. City Council 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.
G.
That the proposed use will not involve activities or processes, materials,
equipment, and conditions of operation that will be detrimental to any
persons, property, or general welfare by reason of excessive production of
traffic, noise, smoke, fumes, glare or odors;
City Council recognizes that traffic and noise will increase with the approval of a
drive-through in this location; however, City Council does not believe that the
amount generated will be detrimental to the general welfare of the public, City
Council does not anticipate the proposed use will create excessive noise, smoke,
fumes, glare, or odors. City Council finds that the proposed drive-through use
will not be detrimental to people, property or the general welfare of the area.
That the proposed use will have vehicular approaches to the property which
shall be so designed as not to create an interference with traffic on
surrounding public streets;
The applicant is proposing to utilize two driveways off of the existing "spine"
driveway that connects Eagle and Overland Roads. The only entrance into the site
is shared with the property to the north, and is located at the northern property
line. The second driveway off of the spine driveway is restricted to vehicles
I.
exiting the site. This driveway is located approximately 65-feet east of Eagle
Road. ACHD considers vehicular approaches in their analysis of projects and has
previously approved the spine driveway access points to the public roadway
system (Eagle Road & Overland Road). Because the vehicular access points into
this site are ITom a private driveway, the ACHD has not provided detailed
analysis of their location. City Council does not believe that the proposed
vehicular approaches will interfere with the traffic on the spine driveway or the
public streets.
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.
City Council 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.