ICCU at TM Creek - MDA H-2020-0016 Findings CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EF� ' N,
AND DECISION& ORDER
In the Matter of the Request for a Modification to the Development Agreement for TM Creek
Subdivision(H-2015-0018,Inst.#2016-037777 and H-2017-0124,Inst.#2017-113747)to Update the
Existing Conceptual Development Plan to Allow for the Development of a Financial Institution with
a Drive-Through,by Dustee Woolstenhulme,Idaho Central Credit Union.
Case No(s).H-2020-0016
For the City Council Hearing Dates of. April 7 and 14,and May 19, 2020 (Findings on May 26,
2020)
A. Findings of Fact
I. Hearing Facts(see attached updated Staff Report from the hearing date of May 19,2020,
incorporated by reference)
2. Process Facts(see attached updated Staff Report from the hearing date of May 19, 2020,
incorporated by reference)
3. Application and Property Facts (see attached updated Staff Report from the hearing date of May
19,2020, incorporated by reference)
4. Required Findings per the Unified Development Code(see attached updated Staff Report from
the hearing date of May 19,2020, incorporated by reference)
B. Conclusions of Law
I. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use
Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code(I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified as
Title I I Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by
ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian,
which was adopted December 17,2019,Resolution No. 19-2179 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § I I-5A.
4. Due consideration has been given to the comment(s)received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision,which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the
Community Development Department,the Public Works Department and any affected party
requesting notice.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR ICCU AT TM CREEK—MDA H-2020-0016 - I -
Meridian City Council Meeting Agenda May 26,2020— Page 192 of 616
7. That this approval is subject to the Conditions of Approval all in the attached updated Staff
Report Erom the hearing date of May 19,2020,incorporated by reference. The conditions are
concluded to be reasonable and the applicant shall meet such requirements as a condition of
approval of the application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § I I-5A and based upon
the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that:
1. The applicant's request for a modification to the Development Agreement is hereby approved
per the provisions in the updated Staff Report from the hearing date of May 19,2020, attached
as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-651 IA. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
A development agreement may be modified by the city or an affected party of the development
agreement.Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved, said development agreement shall be signed by the
property owner(s) and returned to the city within six(6)months of the city council granting the
modification.
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the city if filed prior to the end of the six(6)month approval
period.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight(28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-652 1, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight(28)days after the date of this decision and order
seek a judicial review as provided by Chapter 52,Title 67,Idaho Code.
F. Attached: Staff Report for the hearing date of May 19,2020
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR ICCU AT TM CREEK—MDA H-2020-0016 -2-
Meridian City Council Meeting Agenda May 26,2020— Page 193 of 616
By action of the City Council at its regular meeting held on the 26th day of May
2020.
COUNCIL PRESIDENT TREG BERNT VOTED AYE
COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED AYE
COUNCIL MEMBER JESSICA PERREAULT VOTED-----
COUNCIL MEMBER LUKE CAVENER VOTED ------
COUNCIL MEMBER JOE BORTON VOTED AYE
COUNCIL MEMBER LIZ STRADER VOTED AYE
MAYOR ROBERT SIMISON VOTED ------
(TIE BREAKER)
Mayor Robert E. Simison
Attest:
Chris Johnson
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Dated: 5-26-2020
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR ICCU AT TM CREEK—MDA H-2020-0016 -3-
Meridian City Council Meeting Agenda May 26,2020— Page 194 of 616
EXHIBIT A
STAFF REPORT El�
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 5/19/2020 RT
C C_
DATE: �r_-CPII 0
Continuedfrom: 41712020, 411412020, t Lacc:Sm
and 51512020 RUT
TO: Mayor&City Council C-N
FROM: Sonya Allen,Associate Planner r
208-884-5533 C-C
RUT
SUBJECT: H-2020-0016
ICCU at TM Creek-MDA
LOCATION: 3152 W. Peak Cloud Ln. C-C
R-8
_IE
1. PROJECT DESCRIPTION
Modification to the existing Development Agreement for TM Creek Subdivision(H-2017-0124,
Inst. #2017-113747)to update the conceptual development plan for the site to allow for the
development of a financial institution with a drive-through.
11. SUMMARY OF REPORT
A. Applicant:
Dustee Woolstenhulme, Idaho Central Credit Union—4400 Central Way, Chubbuck, ID 83206
B. Owner:
Brighton Land Holdings,LLC—2929 W.Navigator Dr., Ste. 400,Meridian,ID 83642
C. Representative:
Aurora Riopelle, Lombard Conrad Architects— 1221 Shoreline Ln., Boise, ID 83702
111. STAFF ANALYSIS
The Applicant proposes to amend the conceptual development plan included in the existing
Development Agreement (H-2017-0124, Inst. #2017-113747). This property is zoned C-G and is
designated MU-C (Mixed Use — Commercial) on the Future Land Use Map in the Comprehensive
Plan and is within the area governed by the Ten Mile Interchange Specific Area Plan.
The existing concept plan depicts building footprints for three (3) separate structures on Lots 9-11,
Block 2,TM Creek Subdivision No. 2. Structures are depicted adjacent to the street buffers along Ten
Mile and Franklin Roads to the north and west, and to the drive aisle along the south boundary with
parking internal to the site. A single driveway for a drive-through is depicted on the north and west
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EXHIBIT A
sides of the building at the comer of Franklin and Ten Mile Roads.
The Applicant intends to combine the three(3) lots into one (1)parcel through a subsequent property
boundary adjustment application and construct one (1) building on the site for a drive-through
financial institution for Idaho Central Credit Union(ICCU).The proposed revised concept plan depicts
a 5-,67-2 19,200 square foot 4n& 2-story 2-2-30+-foot tall structure with five (5) drive-thra lanes on
the ffei:th south side of the building adjacent to the st+eet buffer along W. Franklin Rd. with an exit
driveway alefitt-he. ;vest sidde, of the building adjaeent to the stfeet buffer-along S. Ten Mile Rd. and
parking to the south and east of the structure.
The Development Agreement(DA)(H-2015-0018,Inst.#2016-037777)states, "Most buildings along
S. Ten Mile Road should address the street by being built to the street buffer with windows overlooking
the pathway to provide security to the pedestrians and bikes on the pathway in accord with the
TMISAP." This provision is especially important as this site is situated at the comer of two major
access thoroughfares (Franklin & Ten Mile Roads) and is highly visible from these roadways. The
revised concept plan roposeds the building r1s=01E-Iffinified to be built to the street buffers adjacent to
S. Ten Mile Rd. and W. Franklin Rd. with windows overlooking the pathwqy along Ten Mile Rd. as
desired a*d with the five (5) drive-through lanes located to the south of the building_will-��
visible from Ffankli Ten Mile Rd. 'b P ietiffg which is generally consistent with the intent
of the aforementioned DA provision.
The DA also requires all future development to be consistent with the design elements contained in
the Ten Mile Interchange Specific Area Plan(TMISAP), the design standards listed in UDC I I-3A-
19 and the design guidelines in the Meridian Design Manual, which has been replaced by the
Architectural Standards Manual.The following are goals and design elements in the TMISAP that are
applicable to the proposed development- Staff s analysis is in italics with Ljpdated comments from
the Memo to Council dated Mgy 14, 2020, in underline format based on the revised concept plan and
building elevations included in Section V.13:
TMISAP:
• Traditional neighborhood design concepts with a strong pedestrian-oriented focus are
essential-the proposed drive-through use and design with 5 drive-through lanes is
extremely vehicularfocused and notpedestrian as desired. Although the proposed use is by
nature vehicular focused, pedestrian walkways are pmposed from perimeter sidewalks
along adLacent streets and driveways to the main building entrance from all four sides of the
site consistent with the Plan and UDC 11-3A-19;
• Street-oriented design is critical in urban envirom-nents and especially at a gateway to the
Ten Mile Area such as this;buildings should be at or close to the property line creating a
consistent edge to the public space and making streets more friendly and walkable-the
proposed structure is separated by(5) drive-through lanes on the north side of the building
adjacent to W. Franklin Rd. and(1) driveway on the west side of the building adjacent to S.
Ten Mile Rd. The structure has been moved to the corner with the drive-throygh lanes and
parking to the south of the building creating a street-oriented desjp_n with a consistent ed e
g_
to the public�Epace making streets more friendl
y and walkable consistent with the Plan;
• All new commercial buildings should have a continuous unbroken frontage along required
build-to lines to a minimum height of 30 feet for at least 75%of the property frontage-the
proposed building height is only 22feet; most of the existing structures in the overall
development sofar are built to thefrontage. Furthermore, the proposed building and site
design lack any gatewayfeatures or enhanced integration with the overall site and district,
despite the prominent corner visibility. Although the new building exceeds 30 feet at 36 fee
in heip_ht in accord with the Plan, it does not have a continuous unbroken frontyge alon
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Meridian City Council Meeting Agenda May 26,2020— Page 196 of 616
EXHIBIT A
required build-to lines for at least 75%of the propem frontage as desired—it is
approximately 64%as proposed;
• New buildings at street intersections should hold the comers and avoid additional building
setbacks unless a new public space is specified—the proposed building is set a substantial
distance awayfrom the intersection and is separated by a major vehicular oriented use[i.e.
(5) drive-through lanes]; no public spaces are proposed. The building now holds the corner
at the intersection and avoids additional building setbacks consistent with the Plan;
• At least 40%of the linear dimension of the street level frontage shall be in windows or
doorways—while the west elevation is consistent with this design element, the north
elevation has no windows or doorways. The revised desikn of the buildinjz meets the
minimum 40%of the linear dimension of the street level frontyge alom Ten Mile and
Franklin Roads in windows or doorways as desired;
• The goal in these areas is to achieve a FAR(floor area ratio)of 1.00-1.25 or more—the
proposed development has a FAR of 0.06, which is 0.94 under the minimum desired. In
order to achieve this goal, and recognizing site limitations with the Ten Mile Creek,
buildings must be multi-story or make heavy use ofsharedparking areas and with less
vehicular-oriented design.Multi-story examples of other banks that would be in closer
alignment with FAR goals, exist at the NE corner ofFairview and Eagle and on the SE
corner ofEagle and Overland. Sofar, this overall area is not developing consistent with the
FAR goal in the Plan. The floor area ratio (FAR) has increased from 0.06 to 0.22 with the
increase in building square footage from 5,672 to 19,200 square feet. Although a substantial
increase, it's still not consistent with the goal of 1.00-1.25 or more in this area;
• Building heights should be 2-4 stories over much of the area with opportunities for taller
buildings in a few locations—the proposed building is only a single-story in height. Sofar,
the TM Creek commercial use area has only developed with single-story buildings; the
future commercial buildings to the east in the TN-C district are required by the DA to be a
minimum of 2-stories in height. Four-story apartment buildings have been constructed to the
east within the TM Creek area. Single story structures surrounded by surface parking and
drive aisles make it difficultfor the plan to ever meet the unique destination elements of the
Plan that would draw and support broader demographic diversity important to many
employers. The heip—ht of the building was i.ncreased from I-sto1y to 2-stories consistent with
the Plan.
UDC 11-3A-19:
• Site design: For lots with frontage on a public street, a minimum of 40% of the buildable
frontage of the property shall be occupied by building facades and/or public space; within
mixed use areas, buildings may be placed away from roadways if a minimum of 30% of the
buildable frontage is occupied by building facades and/or public space. The building is
proposed to be located away from the adjacent roadways; there are no buildings or public
space along the frontage of this property, however there are buildings along the buildable
ftontage on the larger mixed use designated area. The updated building elevations are
consistent with the 30%ofbuildable frontgge ofthe site occupied by building facades required
by UDC 11-3A-19 in mixed use des�p_nated areas.
• Pedestrian walkways: A continuous internal pedestrian walkway that is a minimum of 5 feet
in width is required to be provided from the perimeter sidewalk to the main building
entrance(s) for nonresidential uses; where the walkway crosses vehicular driving surfaces, it
is required to be distinguished from the vehicular surface through the use of pavers, colored
or scored concrete or bricks. There is apedestrian walkway depicted on the siteplanfrom the
sidewalk along Ten Mile Rd. to the main building entrance but there is not a pedestrian
walkway from the north from the sidewalk along Franklin Rd. Pedestrian walkways are
proposed from perimeter sidewalks along ad acent streets and driveways to the main buildin
L
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EXHIBIT A
entrance from all four sides of the site consistent with the Plan and UDC 11-3A-19.
During the pre-application meeting, Staff discussed with the Applicant the need for the structure to be
built to the street buffer along Ten Mile and Franklin Roads and discussed other site design options.
These options consisted of locating the drive-through on the south side of the building or detaching
the drive-through from the building and locating it south of the building similar to that of CapEd Credit
Union located at the intersection of S. Meridian Rd. and E. Overland Rd. shown below.
The proposed qpdated plan is def4eiefft in many e generally consistent with the goals and design
elements of the Ten Mile Plan as noted above. Due to its location at a major intersection and
gateway to the Ten Mile Area, development of this site consistent with the TMISAP is key.
A gateway feature in the form of a sign is proposed at the intersection within the street buffer to
announce arrival at"Ten Mile Crossing"as desired in the Plan. The Developer(Brighton) also stated
in an email to Staff that they intend to retain the area a bit and create an guanded plaza paver&
seating area with sandstone seatiniz between the sign and the comer-details to be provided at a later
date. The Developer also plans to work with ICCU to create an improved area along the creek to the
east of the ICCU building for employees to gather and relax.
If the proposed eoneept plan is approved by City Couneil, Staff meommends as a pr-o-Asion o
the amended DA that se D14ded in the street buMr-s along S. Ten Mile Rd. and MI.
Fr-anldin Rd. adja( gh lanes in the form of ber-ms, landseaping, walls,
ar-eh evet-mr-0-11 ellemients, or- a eombination of these elements to pr-oduee an appropriate bu
adjaeent to publie spaees and roadways-.
Note: Because this application only proposes to amend the concept plan, Staff did not review the
building elevationsfor consistency with the design standards in the Architectural Standards Manual.
This review will take place with submittal of a Design Review application with the Certificate of
Zoning Compliance application. Therefore, the elevations submitted with this application are not
approved.
IV. DECISION
A. Staffi.
Staff recommends City Council consider if the proposed concept plan, elevations and gatew
feature is are appropriate for this site and specifically in the Ten Mile Interchange area-; if4eented
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EXHIBIT A
appr-epr-ivAe, Staff rwemmeads the following added pr-evision in the DA:.
"Sereening shall be provided in the street buffers along S. Ten Mile Rd. and W. Franklin
Rd. adj '-5) drive through lanes assoeiated with the WCU building at the
F-r-anklin/Ten Mile iin the fefm of betq:ns, landseaping, walls, afehiteetwc4
elemeffts, or-a eombina4ion of these elements to pr-o"ee an appr-opr-i4e btiffer-adjaeent to
p4lie spaees and r-eadw"s."
B. The Meridian City Council heard these items on April 7 and 14,and May 5 and 19,2020. At the
public hearing on May 19',the Council moved to approve the subject MDA reques-
I. Summary of the City Council public heari=
a. In favor: Mark Heazle; Dusty Woolstenhuhne
b. In opposition: None
C. Commenting:None
d. Written testimony: Aurora Riopelle,Applicantis Re resentative
e. Staff presenting application: Sonya Allen
f. Other Staff commenting on application:None
2. Key issue(s)of public testimony,
a. None
3. Key issue(s)of discussion by City Council:
a. The inconsistency of the proposed development plan with the design goals and elements
of the TMISAP and the provisions in the Develoment Agre_ement-
b. What contribution(if any)toward the Ten Mile Area would the Applicant be akin�in
lieu of areas of non-compliance with the TMISAP?
c. Impact on Ten Mile Area and overall TMISAP if this development is approved as
d. The uniqueness of this site in relation to other properties in this area due to its location at
aina
Lor intersection(Eranklin/Ten Mile Rds.)at the gateway to the Ten Mile Area.
e. Council was generally supportive of the revised concept plan, elevations and.�Ianned
gateway feature and felt that although the-plans don't meet all provisions of the
TMISAP,thev meet the general spirit of the Plan.
4. City Council change(s)to Staff recommendation:
a. None
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EXHIBIT A
V. EXHIBITS
A. Existing Conceptual Development Plan
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EXHIBIT A
B. Proposed Conceptual Development Plan&Building Elevations REVISED(dated: 5/14/20)
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EXHIBIT A
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1. 1.
Note: The design of this structure is required to comply with the design elements in the TMISAP as set
forth in the Development Agreement and with the standards in the Architectural Standards Manual.
Detailed review and approval will take place with submittal of a Design Review application.
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Meridian City Council Meeting Agenda May 26,2020- Page 202 of 616
EXHIBIT A
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EXHIBIT A
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EXHIBIT A
C. Gateway Feature
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Page I I
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