ICCU at TM Creek CUP H-2020-0010 Findings CITY OF MERIDIAN V IDIAN;_--
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND ! DAHO
DECISION& ORDER
In the Matter of the Request for Conditional Use Permit for a Drive-Through Establishment within
Three Hundred Feet(300') of Another Drive-Through Establishment on 2.03 Acres of Land in the
C-G Zoning District,Located at 3152 W.Peak Cloud Lane,by Dustee Woolstenhulme,Idaho
Central Credit Union(ICCU).
Case No(s).H-2020-0010
For the Planning& Zoning Commission Hearing Date of. May 21,2020(Findings on May 28, 2020)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of May 21,2020, incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of May 21, 2020,incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of May 21,2020,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of May 21,2020,incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use
Planning Act of 1975,"codified at Chapter 65,Title 67, Idaho Code(I.C. §67-6503).
2. The Meridian Planning&Zoning Commission takes judicial notice of its Unified Development
Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of
Meridian has,by ordinance, established the Impact Area and the Amended Comprehensive Plan
of the City of Meridian,which was adopted April 19,2011,Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s)received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
That the City has granted an order of approval in accordance with this decision,which shall be signed by
the Chairman of the Commission and City Clerk and then a copy served by the Clerk upon the applicant,
the Planning Department,the Public Works Department and any affected party requesting notice.
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). H-2020-0010
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Meridian City Council Meeting Agenda May 28,2020— Page 68 of 198
6. That this approval is subject to the conditions of approval in the attached staff report for the
hearing date of May 21,2020, 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 Planning&Zoning Commission's authority as provided in Meridian City Code § 11-
5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's request for conditional use permit is hereby approved in accord with the
conditions of approval in the staff report for the hearing date of May 21,2020,attached as Exhibit
A.
D. Notice of Applicable Time Limits
Notice of Two(2)Year Conditional Use Permit Duration
Please take notice that the conditional use permit,when granted, shall be valid for a maximum
period of two(2)years unless otherwise approved by the City in accord with UDC 11-513-6F.1.
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. For conditional use permits that also require platting,the final plat must be
signed by the City Engineer within this two(2)year period in accord with UDC 11-513-617.2.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-513-6.F.1,the Director may authorize a single extension of the time to commence the
use not to exceed one(1)two (2)year period.Additional time extensions up to two (2)years as
determined and approved by the Commission may be granted. With all extensions,the Director
or Commission may require the conditional use comply with the current provisions of Meridian
City Code Title 11.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a conditional
use permit entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight(28)days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight(28)days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67,Idaho Code.
F. Attached: Staff report for the hearing date of May 21,2020
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). H-2020-0010
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Meridian City Council Meeting Agenda May 28,2020— Page 69 of 198
By action of the Planning&Zoning Commission at its regular meeting held on the 28th day of
May ,2020.
COMMISSIONER RYAN FITZGERALD, CHAIRMAN VOTED AYE
COMMISSIONER LISA HOLLAND,VICE CHAIRMAN VOTED AYE
COMMISSIONER RHONDA MCCARVEL VOTED AYE
COMMISSIONER ANDREW SEAL VOTED AYE
COMMISSIONER PATRICIA PITZER VOTED AYE
COMMISSIONER WILLIAM CASSINELLI VOTED
COMMISSIONER NICK GROVE VOTED AYE
Ryan Fitzgerald, Chairman
Attest:
Chris Johnson, City Clerk
Copy served upon the Applicant,the Planning and Development Services divisions of the Community
Development Department,the Public Works Department and the City Attorney.
By: Dated: 5-28-2020
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). H-2020-0010
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Meridian City Council Meeting Agenda May 28,2020— Page 70 of 198
EXHIBIT A
C� E IDIAN --
STAFF REPORT .►a H o
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 5/21/2020 'T
DATE: f t��fl�rti 0
jyP,,nd
TO: Planning&Zoning Commission RUT
C-N I-L
FROM: Sonya Allen,Associate Planner
208-884-5533 C-C
�R. C-C
SUBJECT: H-2020-0010 RUT
ICCU at TM Creek-CUP
LOCATION: 3152 W. Peak Cloud Ln.
C-C
R-8
R1
I. PROJECT DESCRIPTION
Conditional use permit for a drive-thru establishment within 300 feet of another drive-through facility
on 2.03 acres of land in the C-G zoning district.
II. 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
III. STAFF ANALYSIS
Note:An application for a modification to the existing Development Agreement(Inst. #2017-113747,
H-2017-0124) is currently in process and scheduled to be heard by the City Council on May 19`h;
approval of the subject CUP application is predicated on Council approval of the updated conceptual
development plan and building elevations proposed with that application. Staffs review of the
proposed development plan for consistency with the design guidelines and goals in the Ten Mile
Interchange Specific Area Plan took place with the Development Agreement modification application.
Pagel
Meridian City Council Meeting Agenda May 28,2020— Page 71 of 198
EXHIBIT A
The proposed drive-through establishment is for a financial institution (Idaho Central Credit Union)
and is subject to the specific use standards listed in UDC 11-4-3-11,Drive-Through Establishment,and
the standards listed in UDC 11-3A-16, Self-Service Uses.
Because the proposed drive-through establishment is within 300' of another drive-through facility(i.e.
Happy Teriyaki) directly to the south, a conditional use permit is required. Staff believes the proposed
site design as shown on the site plan in Section V.A is consistent with the specific use standards listed
in UDC 11-4-3-11, as follows: 1)the stacking lanes have sufficient capacity to prevent obstruction of
driveways, drive aisles and the public right-of-way by patrons; 2)the stacking lanes are separate lanes
from those needed for access and parking; 3)no residential district or existing residence abuts the site;
4)because some of the stacking lanes are greater than 100' in length,an escape lane is required—Staff
believes the lane proposed for ATM use can also be used as an escape lane if needed; and the drive-
through is visible from Ten Mile Rd. for surveillance purposes.
The standards listed in UDC 11-3A-16 require the following:the entrance or view of the facility should
be open to the public street or to adjoining businesses and have low impact security lighting; financial
transaction areas shall be oriented to and visible from an area that receives a high volume of traffic;and
landscape shrubbery should be limited to no more than 3' in height between entrances and financial
transaction areas and the public street. The proposed site layout depicts the drive-thru lanes
perpendicular to and visible from Ten Mile Rd.,an arterial street,which carries a high volume of traffic.
Low impact security lighting should be provided and landscaping limited in height as required
for surveillance purposes; this may require some modifications to the existing street buffer
landscaping along S. Ten Mile Rd.
Access is proposed via a private drive aisle from S.Ten Mile Rd.that runs along the southern boundary
of the site; direct lot access via Ten Mile Rd. and/or Franklin Rd. is not proposed or approved. The
existing drive-through to the south and the proposed drive-through are separated by an east/west
driveway from Ten Mile Rd.; therefore, no traffic conflicts exist between the two sites. Additionally,
the property to the east is separated from the subject property by the Ten Mile Creek which is partially
piped in this area within an easement.
A landscape plan was submitted that depicts parking lot landscaping for the site in accord with the
standards listed in UDC 11-313-8C. Street buffer landscaping was installed with development of the
subdivision along S. Ten Mile Rd. and W. Franklin Rd.
Conceptual building elevations were submitted as shown in Section V.0 consistent with those proposed
with the concurrent Development Agreement modification application. Final design shall be consistent
with the terms of the Development Agreement, the design standards listed in the Architectural
Standards Manual and the design guidelines in the Ten Mile Interchange Specific Area Plan. A
Certificate of Zoning Compliance and Design Review application is required to be submitted for the
proposed use prior to submittal of a building permit application to ensure consistency with these
standards and guidelines.
IV. DECISION
A. Staff:
Staff recommends approval of the proposed conditional use permit with the conditions included in
Section VI per the Findings in Section VII.
B. The Meridian Planning&Zoning Commission heard this item on May 21, 2020. At the public
hearing,the Commission moved to approve the subject CUP request.
1. Summary of Commission public hearing:
a. In favor: Mark Heazle, Applicant's Representative
b. In opposition:None
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Meridian City Council Meeting Agenda May 28,2020— Page 72 of 198
EXHIBIT A
C. Commenting None
d. Written testimony: Mark Heazle,Applicant's Representative
e. Staff presentinggpplication: 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 Commission:
a. The location of the parking in relation to the entrance of the building and pedestrian
safety.
4. Commission change(s)to Staff recommendation:
a. None
5. Outstanding issue(s) for City Council:
a. None
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Meridian City Council Meeting Agenda May 28,2020— Page 73 of 198
EXHIBIT A
V. EXHIBITS
A. Proposed Site Plan(dated: 5/14/2020)
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Meridian City Council Meeting Agenda May 28,2020— Page 74 of 198
EXHIBIT A
B. Proposed Landscape Plan(dated: 1/23/2020)
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Meridian City Council Meeting Agenda May 28,2020— Page 75 of 198
EXHIBIT A
C. Proposed Building Elevations/Renderings
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Meridian City Council Meeting Agenda May 28,2020— Page 76 of 198
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Meridian City Council Meeting Agenda May 28,2020— Page 77 of 198
EXHIBIT A
VI. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING
1. Future development of this site shall comply with the existing Development Agreement(Inst.
#2017-113747,H-2017-0124) as amended with H-2020-0016.Approval of the subject
conditional use permit is predicated on Council approval of a modification to the
Development Agreement to update the conceptual site plan and building elevations consistent
with that proposed with this application.
2. The site plan and landscape plan submitted with the Certificate of Zoning Compliance
application shall be revised as follows:
a. The stacking lanes, speaker location, and exit lanes shall be depicted in accord with UDC
11-4-3-1113.
b. Landscaping within the street buffer along S. Ten Mile Rd. shall be designed and/or
modified, as applicable, so that the ATM and drive-through lanes are open and visible
from the public street(i.e. S. Ten Mile Rd.)for surveillance purposes as set forth in UDC
11-3A-16A and 11-4-3-11C; landscape shrubbery shall be limited to no more than 3' in
height between the ATM and the public street as set forth in UDC 11-3A-16C.
3. Compliance with the standards listed in UDC 11-4-3-11, Drive-Through Establishment; and
UDC 11-3A-16, Self-Service Uses,is required.
4. Low impact security lighting shall be provided in the area where the ATM is located as set
forth in UDC 11-3A-16A; such lighting shall be depicted on the plans submitted with the
Certificate of Zoning Compliance application.
5. A Certificate of Zoning Compliance and Design Review application shall be submitted for the
proposed use prior to submittal of a building permit application. The design of the site and
structure shall comply with the standards listed in UDC I I-3A-19,the design standards listed
in the Architectural Standards Manual and the design guidelines in the Ten Mile Interchange
Specific Area Plan.
B. MERIDIAN FIRE DEPARTMENT
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=183906&dbid=0&repo=MeridianCit
X
C. BOISE PROJECT BOARD OF CONTROL
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=183793&dbid=0&repo=MeridianCit
Y
D. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ)
https://weblink.meridiancioy.orglWebLinkIDocView.aspx?id=184488&dbid=0&repo=MeridianCit
X
E. ADA COUNTY HIGHWAY DISTRICT(ACHD)
h yps://weblink.meridiancity.org/WebLink/DocView.aspx?id=184835&dbid=0&repo=Meridian Cit
Y
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Meridian City Council Meeting Agenda May 28,2020— Page 78 of 198
EXHIBIT A
VII. 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.
The Commission finds the site is large enough to accommodate the proposed development and
meet all dimensional and development regulations of the C-G zoning district.
2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord
with the requirements of this title.
The Commission finds the proposed financial institution will be harmonious with the
Comprehensive Plan and is consistent with applicable UDC standards with the conditions noted
in Section V of this report.
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.
The Commission finds the design, operation, and maintenance of the proposed use will be
compatible with other uses in the vicinity and with the existing and intended character of the Ten
Mile Interchange area and will not adversely change the character of the area.
4. That the proposed use,if it complies with all conditions of the approval imposed,will not
adversely affect other property in the vicinity.
The Commission finds the proposed use will not adversely affect other properties in the vicinity if
it complies with the conditions in Section V of this report.
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.
The Commission finds the proposed financial institution will be served by essential public
facilities and services as required.
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.
The Commission finds the proposed use 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.
The Commission finds the proposed use will not be detrimental to any persons,property or the
general welfare by the reasons noted above.
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)
The Commission finds the proposed use will not result in the destruction, loss or damage of any
such features.
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Meridian City Council Meeting Agenda May 28,2020— Page 79 of 198
EXHIBIT A
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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Meridian City Council Meeting Agenda May 28,2020— Page 80 of 198