HomeMy WebLinkAboutPZ - Staff Report for 7-18 STAFF REPORT E COMMUNITY
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COMMUNITY DEVELOPMENT DEPARTMENT .►A H O
HEARING 7/18/2024
Legend
DATE: R
Project Location 1 f
TO: Planning&Zoning Commission ' '
FROM: Linda Ritter,Associate Planner
208-884-5533
SUBJECT: H-2024-0007 Firenze Plaza—MDA
CUP ;
LOCATION: 3182 E Mount Etna Drive in the SE 1/4 of
the SE 1/4 Section 29,Township 3N., -
Range 1 E.
I. PROJECT DESCRIPTION
Modification to the existing Development Agreement(DA) (Inst. #2017-041827)to include new
owners' information and revised concept plans for the four(4)commercial lots north of E.Mount
Etna Drive. A Conditional Use Permit is being requested for a 3,320 square foot bank with drive-
through for an automatic teller machine(ATM).
II. SUMMARY OF REPORT
A. Project Summary
Description Details
Acreage 1.933 acres
Future Land Use Designation Mixed-Use Community(MU-C)
Existing Land Use Commercial
Proposed Land Use(s) Commercial
Current Zoning Community Business District(C-C)
Physical Features(waterways, NA
hazards,flood plain,hillside)
Neighborhood meeting date;#of 12/12/2023
attendees:
History(previous approvals) AZ,CPAM,PP(H-2016-0102);DA Instr.#2017-041827;FP(2019-0067)
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III. APPLICANT INFORMATION
A. Applicant:
Aaron Zuzack,Browman Development Company, Inc. — 1556 Parkside Drive,Walnut Creek, CA
94596
B. Owner:
Same as Applicant
C. Agent/Representative:
Same as Applicant
IV. NOTICING
Planning& Zoning City Council
Posting Date Posting Date
Newspaper Notification 07/02/2024
Radius notification mailed to
properties within 500 feet 6/25/2024
Public hearing notice sign posted
7/8/2024
on site
Nextdoor posting 6/25/2024
V. COMPREHENSIVE PLAN(HTTPS://WWW.MERIDIANCITY.ORGICOMPPLAN):
A. Future Land Use Map Designation(https://www.meridiancity.org/compplan)
This property is designated Mixed Use Community on the Future Land Use Map(FLUM).
The purpose of this designation is to allocate areas where community-serving uses and dwellings are
seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses,including
residential, and to avoid mainly single-use and strip commercial type buildings.Non-residential
buildings in these areas have a tendency to be larger than in Mixed Use Neighborhood areas,but not
as large as in Mixed Use—Regional areas. Goods and services in these areas tend to be of the
variety that people will mainly travel by car to,but also walk or bike to(up to three or four miles).
Employment opportunities for those living in and around the neighborhood are encouraged. Sample
zoning include: R-15,R-40,TN-R, C-C and L-O.
No changes to the FLUM designation or zoning is proposed with this application.
B. Comprehensive Plan Policies (https://www.meridiancity.or /g compplan):
Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to
the proposed use of this property(staff analysis in italics):
• "Permit new development only where it can be adequately served by critical public facilities and
urban services at the time of final approval, and in accord with any adopted levels of service for
public facilities and services."(3.03.03F)
Existing city water and sewer service are available at this location.
• "Encourage compatible uses and site design to minimize conflicts and maximize use of land."
(3.07.00)
Page 3
A bank with a automatic teller machine and retail building does not conflict with the existing land
uses in the area.
• "Require all new development to create a site design compatible with surrounding uses through
buffering, screening,transitional densities, and other best site design practices."(3.07.01A)
With development a twenty-five (25)foot landscaped street buffer will be required along the
northern property line to buffer the commercial property from the residential zoning district in
accord with UDC 11-3B-9 standards. Staff is also requiring a six (6)foot privacy fence be placed
along the northern boundary adjacent to the residential property.
• "Require appropriate landscaping,buffers,and noise mitigation with new development along
transportation corridors(setback,vegetation,low walls,berms, etc.)."(3.07.01C)
A 25 foot wide landscape buffer and fence will be required to be provided with development
along the property boundaries adjacent to the residential property. Landscaping along S. Eagle
Road was installed with the development of the the plat. The developer will be required to
protect the existing landscaping during development of the properties. Landscaping shall be
installed per UDC Table 11-2B-3 and 11-3B-9.
• "Reduce the number of existing access points onto arterial streets by using methods such as cross-
access agreements, access management, and frontage/backage roads,and promoting local and
collector street connectivity." (6.01.02B)
Access to the property is via E. Mount Etna Drive, a local road. There is no direct access to S.
Eagle Road from the property.
• "Require urban infrastructure be provided for all new developments, including curb and gutter,
sidewalks,water and sewer utilities."(3.03.03G)
Curb, gutter and sidewalk was constructed with the development of the Firenze Plaza subdivision
(FP-2019-0067). Hook-up to City water and sewer service was a requirement of the approved
plat.
• "Support beautiful and high quality development that reinforces neighborhood character and
sustainability."(5.01.02)
The design of the building fits in with the surrounding area and neighborhood character. Staff
reviewed and approved the design of the building proposed for Chase Bank to be located on the
parcel addressed as 3182 N. Mount Etna Drive.
VI. STAFF ANALYSIS
The applicant is requesting a Conditional Use Permit and modification of the existing Development
Agreement to reflect the change in ownership and change the layout of the parcels to include a bank with
a drive through ATM and a retail tenant building with or without a drive through use. Instead of the
property lay out with 4 buildings comprising of 20,000 square feet,the applicant is proposing two
buildings (3,320 square foot bank with drive through ATM and a 4,900 square foot multi-tenant
commercial building with a drive-through or a 7,600 square foot multi-tenant commercial building
without a drive through). A maximum total of 11,000 square feet of retail/commercial uses which is a
reduction of more than 9,000 square feet of allowable buildable area. A Conditional Use Permit is require
Page 4
for the ATM drive through. All uses shall be required to meet the UDC standards for the C-C zoning
district.
The proposed bank ATM drive through is subject to the following Specific Use Standards(UDC 11-4-3-
11)—Drive-Through Establishment: (Staff analysis in italics)
A. A drive-through establishment shall be an accessory use where the drive-through facility
(including stacking lanes, speaker and/or order area,pick up windows, and exit lanes)is:
1. Not within three hundred three hundred(300) feet of another drive-through facility, a
residential district, or an existing residence: or
2. Separated by an arterial street from any other drive-through facility,residential district or
existing residence; or
3. Not within the O-T zoning district.
Otherwise a conditional use permit is required.
B. All establishments providing drive-through service shall identify the stacking lane,menu and
speaker location(if applicable), and window location on the certificate of zoning compliance or
the conditional use permit. Speakers are prohibited in the O-T zoning district.
The site plan shown is Exhibits B provide the location of the stacking lane for the proposed ATM.
Speakers and menu boards are not being proposed.
C. A site plan shall be submitted that demonstrates safe pedestrian and vehicular access and
circulation on the site and between adjacent properties.At a minimum the plan shall demonstrate
compliance with the following standards:
1. Stacking lanes shall have sufficient capacity to prevent obstruction of driveways, drive aisles,
and the public right-of-way by patrons.
2. The stacking lane shall be a separate lane from the circulation lanes needed for access and
parking, except stacking lanes may provide access to designated employee parking.
3. The stacking lane shall not be located within ten(10)feet of any residential district or existing
residence.
4. Any stacking lane greater than one hundred 100 feet in length shall provide for an escape lane.
5. The site should be designed so that the drive-through is visible from a public street for
surveillance purposes.
The drive through is visible from S. Eagle Road.
D. The applicant shall provide a six-foot sight obscuring fence where a stacking lane or window
location adjoins a residential district or an existing residence.
Dimensional Standards(UDC L1-2):
The proposal would meet the dimensional standards for setbacks, landscape buffers,parking and
height requirements.
Staff ,finds the proposed bank with an ATM drive through if approved at this location would be
compatible with the existing surroundings and integrate into the community.
Hours of Operations(UDC 11-213-313):
The UDC(11-2B-3B) limits business hours of operation in the C-C zoning district from 6:00 a.m.
to 11:00 p.m. when the property abuts a residential use or district; extended hours may be
Page 5
requested through a CUP. These restrictions apply to all business operations occurring outside an
enclosed structure, including,but not limited to,customer or client visits,trash compacting, and
deliveries. These restrictions do not apply to business operations occurring within an enclosed
structure,including,but not limited to,cleaning,bookkeeping, and after hours work by a limited
number of employees.
The bank hours are within the required operating hours; however, the drive-through and walk-up
ATM will be available twenty-four(24) hours/seven (7)days a weeks.
Self-Service Uses(UDC 11-3A-16)
Any unattended, self-service uses, including,but not limited to,laundromats, automatic teller
machines(ATMs),vehicle washing facilities,fuel sales facilities, and storage facilities, shall
comply with the following requirements. The Meridian Police Chief or designee may approve
alternative standards where it is determined that a similar or greater level of security is provided.
A. Entrance or view of the self-service facility shall be open to the public street or to
adjoining businesses and shall have low impact security lighting.
B. Financial transaction areas shall be oriented to and visible from an area that receives a
high volume of traffic, such as a collector or arterial street.
C. Landscape shrubbery shall be limited to no more than three(3)feet in height between
entrances and financial transaction areas and the public street.
Staff ,finds the proposed bank with an ATM drive through if approved at this location meets the
above requirements.
Access(UDC 11-3A-3,11-3H-4)•
Access to the site is from E.Mt. Etna Drive via S. Eagle Road. There is no direct access to the
property from S. Eagle Road. The applicant is requesting to relocate the entrance to the
property further west. ACHD has approved the applicant's request to relocatate the existing
entrance to the property. However;staff is not in support of this proposal as the improvements
have been installed and it interfers with the cross access that was approved with the recorded
plat. Utilites have already been installed and would need to be relocated. Staff recommends the
concept plan be revised to keep the access in its current location.
Parking(UDC 11-3C):
A minimum of one(1) off-street parking space is required for every 500 square feet(sf.) ofgross
floor area of the office space. Based on 3,182 sf., a minimum of six(6)parking spaces is
required. A total of thirty-two (32)parking spaces are proposed, exceeding UDC the minimum
standards.
A minimum of one(1) bicycle parking space is required for every 25 vehicle parking spaces per
UDC 11-3C-6G. Based on thrity-two (32) vehicle parking spaces, a minimum of two (2) bicycle
parking spaces is required.A bicycle rack has been depicted on the landscape plan.
Sidewalks(UDC 11-3A-17):
Sidewalks were installed with the approved Firenze Plaza subdivision along Eagle Road and E.
Mt. Etna Drive. The applicant is proposing to relocated the entrance further west on E. Mt. Etna
Drive.
Landscaping(UDC 11_3B):
There is an existing twenty-five (25)foot landscape buffer with a ten (10)foot detached sidewalk
along N. Eagle Road an arterial street. The applicant is proposing a sixteen (16)foot landscape
Page 6
buffer along E.Mt. Etna Drive with a five (5)foot detached sidewalk when they relocate the
entrance to the property further to the west. The applicant is also proposing a twenty-five (25)
foot landscape buffer along the west property line as a buffer to the residential uses with a seven
(7)foot sidewalk. Landscaping shall be installed per the standards listed in UDC 11-3B-7, UDC
11-3B-8 and UDC 11-3B-9C. The applicant shall protect the existing landscaping during
construction.
Fencing(UDC 11-3A-6,11-3A-7)•
The applicant is proposing a privacy fence along the boundary to the west and north of
the properties. The fence shall meet the requirements of UDC 11-3A-7.
Outdoor Lighting(UDC 11-3A-111
All outdoor lighting is required to comply with the standards listed in UDC 11-3A-11 C. Light
fixtures that have a maximum output of 1,800 lumens or more are required to have an opaque top
to prevent up-lighting; the bulb shall not be visible and shall have a full cutoff shield in accord
with Figure I in UDC 11-3A-11C.
Utilities(UDC 11-3A-21):
Water and sewer services were installed with the development of the Firenze Plaza subdivision.
Any stubs not used should be abandoned per City requirements. Location of water meter should
not be in a drive or walking path and should be in a landscaping area. The City requires twenty
(20)feet easements for mains, hydrant laterals and water services. Easements should extend up to
the end of main/hydrant/water meter and ten (10)feet beyond it. Current water stub easement
does not meet City's current standards and should be updated.No trees or permeant structures
are allowed in utility easements.
Structure and Design Standards (UDC 11-3A-19 I Architectural Standards Manual):
Building elevations were submitted for the proposed Chase Bank as shown in Section VIII(F).
Building materials consist of smooth face CMUpanels, glass, and fiber cement. Staff has
reviewed the design which complies with the design standards in the Architectural Standards
Manual(ASM). Upon approval of the Conditonal Use Permit approval of the Design Review
shall be issued.
Conceptual design was submitted for the retail building aspart of the Development Agreement
Modification. Final plans will be submitted for review and approval prior to building permit
submittal.
DEVELOPMENT AGREEMENT MODIFICATION(MDA)
The Applicant is requesting a modification to the existing Development Agreement Inst. #2017-
041827 to update the owner's information and revise the concept plan, elevations, site and landscape
plans north of Mt. Edna Drive to reduce the commercial square footage from 20,000 square feet to
11,000 square feet, a reduction of 9,000 square feet.
The applicant submitted two concept plans with the DA modification. The concurrent CUP is only
approving the drive-through on the southern portion of the development for the proposed bank. Staff
is not in support of another drive-through on the northern property and therefore does not support
Concept Plan A.
The applicant has provide a legal description for the boundary of the new DA. Staff recommends the
following DA provison be included in the new DA:
Page 7
1. Revision of the concept plan to show the entrance to the property at its current location.
2. Eliminate the concept plan showing the drive through on the northern property.
EXISTING SITE PHOTOS
PM-
Page 8
a.
VII. DECISION
A. Staff:
Approval.
Staff recommends approval of the proposed modification to the Development Agreement and
Conditional Use Permit per the DA provisions and conditions in Sections IX and the Findings in
Section X.
Page 9
VIII. EXHIBITS
A. Existing Site Plan (5/26/2016)
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C. Proposed DA Modification Site Plan A and B (4/18/2024)
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D. New DA Legal Description
LEGAL DESCRIPTION
►A0a2 T HE Exhibit"A"
LAND
GRDUP
March 4,2C24
Project No..123141
DEVELOPMENT AGREEMENT MODIFICATION
FIRST MERIDIAN LP
An area of land being Lots 3.,2,3&4,Block 2 of Firenze Plaza Subdivision,as same is shown in the
official plat thereon,recorded in Book 124,Page 19867,Ada County records,located in the Southeast
one quarter of the Southeast one quarter of Section 29,Township 3 North,Range 1 East,Boise
Meridian,City of Meridian,Ada County,Idaho,being more particularly described as follows:
COM ME KING at the South One Sixteenth comer of said Section 29,(from which point the
Southeast corner of said Section 29,bears South 00'37'07'west,1121.29 feet distant);thence
North 89'39'52"West,49.01)feet,to a point on the westerly right of way line of South Eagle
Road;thence on said westerly right of way line,South 00'37 Q7'west,210.27 feet,to a point
common to the northeast corner of said Lot 4,Block 2 and the northeasterly corner of said
Firenze Plaza Subdivision AND the POINT OF BEGINNING:
Thence continuing of said westerly right of way line,South 00"17'07"West,7.76 feet;
Thence South 04'22'S7"west,144.71 feet;
Thence South 00'37 07"west,81.76 feet;
Thence South 51'56'30"west,34.58 feet;
Thence South 00'37 07"west,19.09 feet;
Thence North 89'22'53'west,5.00 feet;
Thence South 00'37'07"west,1.00 feet,to a point common with the northerly right of way
line of East Mount Etna Drive;
Thence on said northerly right of way line,North 99'22'53"west,273.80 feet;
Thence leaving said northerly right of way line,North 00°37'07"East,274.02 feet;
Thence South 89°40'14"Fast,316.30 feet,to the POINT OF BEGINNING_
The above-described area of land contains 1.913 acres(84,225 Ft'),more or less.
PREPARED BY:
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Michael Femenia,PLS
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Page 12
D.A. Modification
for
First Meridian LP
Situate in a portion of the SE 1r4 of the SE 1'4 of Seetioe 29,
Township 3 Harth,Range 1 East,Boise Meridian,Clay of Meridian,
Ada County,Idaho
2024 L1
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Page 13
E. Existing DA Concept Landscape Plan (10/12/2016)
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PERIMETER FENCE ELEVATION PERIMETER FENCE PLAN DETAIL
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G. Proposed Conditional Use Permit Landscape Plan (3/01/2024)
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H. Building Elevations Concept A (l1/30/2023)
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Page 17
IX. CITY/AGENCY COMMENTS
A. PLANNING DIVISION
1. Development Agreement Modification
Fifteen(15) days prior to the City Council hearing,the applicant shall provide the revised
concept plan that shows the property access in the existing location.
1.1 The new DA shall be signed by the property owner and returned to the Planning Division
within six(6)months of the City Council approval of the Findings. The DA shall,at
minimum,incorporate the following provisions:
a. Future development of this site shall be generally consistent with the Concept Plan B and
conceptual building elevations included in Section VIII and the provisions contained
herein.
2. Conditonal Use Permit
2.1 The Applicant shall comply with the specific use standards listed in UDC 11-4-3-11 —Drive-
Through Establishment.
2.2 The Applicant shall comply with the specific use standards listed in UDC 11-3A-16—Self-
Service Uses.
2.3 Outdoor lighting shall comply with the standards listed in UDC 11-3A-11. Lighting details
shall be submitted with the Certificate of Zoning Compliance application that demonstrate
compliance with these standards.
2.4 The applicant shall install the privacy fence as shown on the approved site and landscape
plans that is adjacent to the residential parcel to mitigate noise and glare from headlights of
vehicles utilizing the proposed drive-through per UDC 11-3A-7.
2.5 Protect the existing landscaping on the site during construction,per UDC 11-3B-10.
2.6 The facility hours of public operation shall be limited to 6:00 a.m.to 11:00 p.m. because the
property abuts a residential zoning district per UDC 11-2B-3B.
2.7 Prior to building permit submittal,the Applicant shall obtain Certificate of Zoning
Compliance(CZC) and Design Review approval.
2.8 The site and landscape plans submitted with the Certificate of Zoning Compliance application
shall depict the following:
a. The access to the property in it's current location.
2.8 The conditional use permit is valid for a maximum period of two (2)years unless otherwise
approved by the City. During this time,the Applicant shall commence the use as permitted in
accord with the conditions of approval, satisfy the requirements set forth in the conditions of
approval,and acquire building permits and commence construction of permanent footings or
structures on or in the ground as set forth in UDC 11-5B-6. A time extension may be
requested asset forth in UDC 11-5B-6F.
B. PUBLIC WORKS
https:llweblink.meridianciU.org_1WebLink/Doc View.aspx?id=349838&dbid=0&repo=MeridianC
Lty
Page 18
C. ADA COUNTY HIGHWAY DISTRICT(ACHD)
https://weblink.meridianciU.orglWebLinkIDocView.aspx?id=354401&dbid=0&repo=MeridianC
Lty
D. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ)
https:l/weblink.meridiancity.ory. WebLink/Doc View.aspx?id=352867&dbid=0&repo=Meridian C
hty
E. BOISE PROJECT BOARD OF CONTROL(ITD)
https://weblink.meridiancity.org/WebLink/DocView.asp x?id=352034&dbid=0&repo=MeridianC
hty
F. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID)
https://weblink.meridianciU.orgIWebLink/DocView.aspx?id=353876&dbid=0&re2o=MeridianC
hty
G. KUNA SCHOOLS
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=349955&dbid=0&repo=MeridianC
hty
X. FINDINGS
Conditional Use(UDC 11-5B-6)
Findings: The commission shall base its determination on the conditional use permit request upon the
following:
1. That the site is large enough to accommodate the proposed use and meet all the dimensional and
development regulations in the district in which the use is located.
Staff finds the site is large enough to accommodate the proposed use (Le drive-through
establishment)and can meets all of the dimensional and development regulations of the C-C
zoning district.
2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord
with the requirements of this title.
Stafffinds theproposed use (i.e. drive-through establishment) will be harmonious with the
Meridian Comprehensive Plan.
3. 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.
Staff finds 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 (i.e. drive-through establishment) will not adversely change the
essential character of the same area with the addition of a 25 foot landscape buffer and the
addition of a privacy fence or wall.
4. That the proposed use,if it complies with all conditions of the approval imposed,will not
adversely affect other property in the vicinity.
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Staff finds that the proposed use (i.e. drive-through establishment) will not adversely affect other
property in the vicinity.
5. That the proposed use will be served adequately by essential public facilities and services such as
highways, streets, schools,parks,police and fire protection, drainage structures,refuse disposal,
water, and sewer.
Staff ,finds the proposed use can be served by essential public facilities and services as required,
the proposed use (i.e. drive-through establishment) will not have an impact to the provision of
services.
6. That the proposed use will not create excessive additional costs for public facilities and services
and will not be detrimental to the economic welfare of the community.
Stafffinds the proposed use (i.e. drive-through establishment)will not create additional costs for
public facilities and services and will not be detrimental to the economic welfare of the
community.
7. That the proposed use will not involve activities or processes,materials, equipment and
conditions of operation that will be detrimental to any persons,property or the general welfare by
reason of excessive production of traffic,noise, smoke, fumes,glare or odors.
Stafffinds the proposed use (i.e. drive-through establishment), will not involve activities or
processes, materials, equipment and conditions of operation that will be detrimental to any
persons,property or the general welfare by reason of excessive production of traffic, noise,
smoke,fumes, glare or odors.
8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or
historic feature considered to be of major importance. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005)
Stafffinds the proposed use (i.e. drive-through establishment)will not result in the destruction,
loss or damage of any such features.
9. Additional findings for the alteration or extension of a nonconforming use:
a. That the proposed nonconforming use does not encourage or set a precedent for additional
nonconforming uses within the area; and,
This finding is not applicable.
b. That the proposed nonconforming use is developed to a similar or greater level of conformity
with the development standards as set forth in this title as compared to the level of
development of the surrounding properties.
This finding is not applicable.
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