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2009 04-16• ~ "~, IDIAI~I MERIDIAN PLANNING AID Z41~t#NG I D A H O REGULAR MEETING AGENDA City Council Chambers 33 E. Broadway Avenue,. Meridian, Idaho Thursday, April 16, 2009 at 7:00 p.m. "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council axle expected to be truthful and honest to tiest of the ability of the presenter." 1. Roll-call Attendance: X Tom O'Brien X Wendy. Newton-Huckabay_ X Michael Rohm X Joe Marshall X David Moe -chairman P 2. Adoption of the Agenda: Approve 3. Consent Agenda: A. Approve Minutes of April 2, 2009 Planning and Zoriirtg Commission Meeting: Approve B. Findings of Fact and Conclusions of Law for. Approval: ~ CUP 09-001 Request for Conditional Use Permit for a drive thfta establishment in a C-G zone within 300 feet of another drive thru establishment for Keybank by Keybank -NEC of Eagle Road end Ustick Road, Lot 3, Block 1 of Smitchger Subdivision: Approve 4. Continued Public Hearing from April 2, 2009: PP 09-001 Request #cx Preliminary Plat approval of 13 building lots and 1 other lot xm approximately 10 acres in an existing I-L zoning district for Ba~ide Taylor Commerce Park- by Nick Schubin - 11.00 W Taylor Avenue: Recommend Approval to City Council 5. Public Hearing: CUP 08-002 Request for Conditional Use Permit approval for adrive-thru establishment in a C-G zone within 300 feet. of another drive-thru establishment for Idadiv Credit Union by ZGA Architects & Planners LTD - NWC of Meridian Road and Corporate Drive: Approve Meridian Planning and Zoning Commission Meeting Agenda - April 16, 2009 Page 1 of 1-, All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. E IDIAN*.~- 'anHo MERIDIAN PLANNING AND ZONING REGULAR MEETING AGENDA City Council Chambers 33 E. Broadway Avenue, Meridian, Idaho Thursday, April 16, 2009 at 7:00 p.m. "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter. " 1. Roll-call Attendance: ~6 Tom O'Brien Wendy Newton-Huckabay _~ Michael Rohm Joe Marshall David Moe -chairman 2. Adoption of the Agenda: ,,4 ~ ~r~ V`+~. 3. Consent Agenda: A. Approve Minutes of April 2, 2009 Planning and Zoning Commission Meeting: ~ ~ ~ I,.v 1/~._ B. Findings of Fact and Conclusions of Law for Approval: CUP 09-001 Request for Conditional Use Permit for a drive thru establishment in a C-G zone within 300 feet of another drive thru establishment for Keybank by Keybank -NEC of Eagle Road and Ustick Road, Lot 3, Block 1 of Smitchger Subdivision: ~~~~p Ue. 4. Continued Public Hearing from April 2, 2009: PP 09-001 Request for Preliminary Plat approval of 13 building lots and 1 other lot on approximately 10 acres in an existing I-L zoning district for Bayside Taylor Commerce Park by Nick Schubin - 1100 W. Taylor Avenue: ~~° Corn n1,e..vt_~. ~ pia vct.(, -fo G~-f y C~w~c~ .Q.. 5. Public Hearing: CUP 09-002 Request for Conditional Use Permit approval for adrive-thru establishment in a C-G zone within 300 feet of another drive-thru establishment for Idadiv Credit Union by ZGA Architects & Planners LTD - NWC of Meridian Road and Corporate Drive: ~p pre ver Meridian Planning and Zoning Commission Meeting Agenda - April 16, 2009 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • Meridian Planning and Zoning Meeting April 16. 2009 Meeting of the Meridian Planning and Zoning Commission of April 16, 2009, was called to order at 7:00 p.m. by Chairman David Moe. Members Present: Chairman David Moe, Commissioner Wendy Newton-Huckabay, Commissioner Joe Marshall, and Commissioner Tom O'Brien, and Commissioner Michael Rohm. Others Present: Machelle Hill, Ted Baird, Pete Friedman, Bill Parsons, Bruce Freckleton, and Dean Willis. Item 1: Roll-Call Attendance: Roll-call X Wendy Newton-Huckabay X Tom O'Brien X Michael Rohm -Vice Chairman X Joe Marshall X David Moe -Chairman Moe: Good evening, ladies and gentlemen. I'd like to welcome you to the regularly scheduled meeting of the Planning and Zoning Commission for April 16th, 2009. I'd like to call this meeting to order and ask the clerk to call roll, please. Item 2: Adoption of the Agenda: Moe: Excellent. Next item on our agenda tonight is the adoption of the agenda and there are no changes, so could I get a motion to adopt the agenda. O'Brien: So moved. Marshall: Second. Moe: It's been moved and seconded to approve the adopted agenda. All those in favor say aye. Opposed? That motion carries. MOTION CARRIED: ALL AYES. Item 3: Consent Agenda: A. Approve Minutes of April 2, 2009 Planning and Zoning Commission Meeting: B. Findings of Fact and Conclusions of Law for Approval: CUP 09-001 Request for Conditional Use Permit for a drive thru establishment in a C-G zone within 300 feet of another drive thru Meridian Planning & Zoning Commi~ April 16, 2009 Page 2 of 14 establishment for Keybank by Keybank -NEC of Eagle Road and Ustick Road, Lot 3, Block 1 of Smitchger Subdivision: Moe: Next item is the Consent Agenda. There are two items on the agenda -- Consent Agenda. Number one is the approved minutes of the April 2nd, 2009, Planning and Zoning Commission meeting and the second item is the Findings of Facts and Conclusions of Law for approval of CUP 09-001. Can I get a motion to -- well, are there any comments or questions or can I get a motion? O'Brien: So moved. Marshall: Move that we approve. O'Brien: Move that we approve. Yeah. Marshall: Second. Moe: It's been moved and seconded to approve the Consent Agenda. All those in favor say aye. Opposed? That motion carries. MOTION CARRIED: ALL AYES. Item 4: Continued Public Hearing from April 2, 2009: PP 09-001 Request for Preliminary Plat approval of 13 building lots and 1 other lot on approximately 10 acres in an existing I-L zoning district for Bayside Taylor Commerce Park by Nick Schubin - 1100 W. Taylor Avenue: Moe: At this time normally I would explain to the audience how the format goes. Tonight since we have such a large audience tonight I think we can not worry about that and we will just go ahead and open the first hearing, the continued public hearing on PP 09-001 for Bayside Taylor Commerce Park and have the staff give a report. Friedman: Excuse us, Mr. Chairman, if you could give us just a second. We are having technical difficulties with the computer. Moe: Thank you, sir. Friedman: Just a second. Moe: 1 wondered if they had not heard me. Friedman: Thank you for your patience. Parsons: I think it was operator error. Thank you, Mr. Chairman, Members of the Commission. This project was continued from April 2nd for reasons that we did not have comments from ACHD on the project. Before I get into the project tonight and Meridian Planning & Zoning Commi~ April 16, 2009 Page 3 of 14 discuss it any further with you, I'd like to also bring that same issue before you tonight. Staff has not received any comment -- official comments from ACRD. It is my understanding that the applicant has submitted the traffic study to them for their review to -- ACHD for their review. I don't know when we will get comments to attach to the staff report. It is certainly at your discretion to continue and hear this item tonight, if you so choose to, or you may also continue it until you do receive comment before acting on this application. I just wanted to kind of get your feel and see how you want to proceed with this project tonight. Moe: Commissioners, in our pre-meeting today I expressed my opinion to go ahead and go forward tonight. However, possibly not making any decision on this matter, because normally this Commission has not wanted to act on something that we were still waiting for information from ACRD. So, it's entirely up to us as to how you want to do it, but I think we can go ahead and hear it and, then, we can make that decision at that point. O'Brien: I agree. Moe: Okay. Newton-Huckabay: Mr. Chair? Moe: Commissioner Newton-Huckabay. Newton-Huckabay: Do we have an ETA on ACHD? Moe: I don't -- was there any time frame that we anticipated as of yet for ACHD? Parsons: Mr. Chairman, Members of the Commission, at this time I do not have a time frame for you. Friedman: Mr. Chairman, Commissioners, perhaps when we get to the applicant's presentation maybe Mr. Tealy has an idea of what they may have told him, so that might shed some light on it for us. Moe: Yeah. I think we should go forward tonight. As far as we can anyway. Okay. Yes. Parsons: With that t will begin. Moe: Thank you. Parsons: The applicant before you tonight is a -- for a preliminary plat approval of 14 building lots in an I-L zoning district. I know -- I think when I wrote in the staff report I said it was going to be 13 building lots and one drainage lot. I have been informed by the applicant that that lot -- they are actually going to do sub surface drainage out on the Meridian Planning & Zoning Commi~ • April 16, 2009 Page 4 of 14 site, so that lot will be a buildable lot, so when I get farther in the presentation I definitely will have the Commission act on amending some of the conditions of approval for this site, but let me get into this a little bit farther for you. The site is located at West 11 -- or 1100 West Taylor Avenue. If you recall, this site was approved for the 84 Lumber site. We approved -- staff approved this site in 2005 for that use. Adjacent to this site are -- to the north we have the railroad tracks. To the south is Self Storage facility zoned I-L. To the west of it is a construction company with an outdoor storage yard, so there is no -- if I can get this mouse over here. Where ever my arrow is. But to the west of that there is a building on that site now and does not allow for cross-access, so that's why staff didn't require any cross-access with this development. And, of course, to the east is another warehouse facility. It has an indoor recreation facility located and a church that the Commission acted on back in 2008 as well. The proposed preliminary plat will create 14 buildable lots on approximately ten acres of land, zoned I-L. The applicant is proposing to plat the property in four phases. The applicant has also proceeded with building permits for tenant improvements for the existing building on Lot 1. You can see that where it says phase one on the preliminary plat, that is an existing building there and, then, staff has issued two CZC's on -- for lots -- on proposed Lots 4 and 5, which are the lots just south of the entrance into the subdivision. The remainder of the phases will come as -- as development persists or based on market demand. Because there is a potential for 13 buildings to locate in this area or 14 buildings at this point that could possibly be located on this site, staff and the fire department have conditioned the applicant to submit for a private street application with final plat submittal. So, basically, what that will do is address -- or will address the addressing problems that could potentially happen with that amount of buildings and also provide cross-access and circulation for the development. Staff has reviewed the landscaping plan for this site. There are minimal requirements for this subdivision. At this time the applicant by -- the UDC only requires ten feet -- a ten foot easement along 10th Street and West Taylor Avenue. The applicant does comply with this as shown on this landscape plan and, in addition, the applicant is also proposing to add those parkway medians in the center to add some -- to kind of beautify the entrance into this subdivision as well. So, staff is supportive of this landscape plan as proposed. The applicant has submitted building elevations. Staff did not tie those elevations to the DA process -- or to the preliminary plat process for the mere fact that those buildings were approved under old processes and now that we have the new design review in place this subdivision will be subject to those. So, again, no elevations are for your review tonight. We did receive written testimony from the applicant and, as I stated, there -- staff has conditioned the applicant to have Lot 11, which is that drainage lot, be labeled as anon-buildable lot as a condition of approval and having that information provided to staff this afternoon, staff is recommending that the Commission modify condition 1.1.1, bullet number two, and condition 1.1.2, bullet three, and just, basically, strike them from the staff report. Staff is recommending approval and I would be -- I'd stand for any questions Commission may have. Moe: Any questions of staff at this time? Newton-Huckabay: Mr. Chair? Meridian Planning & Zoning Commi~ • April 16, 2009 Page 5 of 14 Moe: Commissioner Newton-Huckabay. Newton-Huckabay: Bill, if you could just repeat which bullet -- one point -- Parsons: Sure. Mr. Chairman, Commissioner Newton-Huckabay, it would be condition 1.1.1, bullet two, and condition 1.1.2., bullet number three. Newton-Huckabay: 1.1 point -- Parsons: One. Newton-Huckabay: Thank you. Moe: Anything else? No? Okay. Thank you. Would the applicant like to come forward, please? Tealy: Mr. Chairman, Members of the Commission -- Moe: Name and address for the record, please. Tealy: I was just about to do that. My name is Pat Tealy. Office address 187 East 50th in Garden City. And I'm representing the client in -- or the applicant in this case Bayside Commercial. Thanks for letting us move forward on this thing. You know, in these -- in these times it's just nice to have somebody that wants to do some development and I think the thing that we are stuck on, which is the traffic study, is a pretty minor item. I have actually seen the conditions from the highway department and they are real minimal. We only have 163 feet of frontage on their public road and all they are asking for is a -- to repair some of the curb that was -- that was cracked in there because of the former tenant out there, the lumber company. And our traffic study should be done within a week to ten days. And it's -- again, I think it's just a box that needs to be checked off. I don't think there is anything that's really going to come out of it that's going to prove to be critical to this subdivision. We are proposing this thing in phases. We have the first two buildings on the -- the first two lots off the entrance in for a building permit now and are moving forward and -- and that will be the first phase of the subdivision. As Bill mentioned, we are eliminating the above ground drainage pond out there. We have sufficient ground water depth that we can put in subsurface seepage beds and, basically, clean that area up. Those things are pretty -- pretty much a nuisance anyway, not only to the -- to the client, but the community as far as mosquitos and other things. There are -- there is one existing -- or, excuse me, two existing buildings on this site right now and the -- the client will be doing some tentative improvements on the one large building there that's on the -- on the east that's also part of phase one and -- and trying to use those buildings in the interim to generate some income while he moves forward in the phases and that will all be done through the building department. And, you know, the City of Meridian would be involved in how that -- other than that, if you have any questions I'd be glad to answer. Meridian Planning & Zoning Commi~ • April 16, 2009 Page 6 of 14 Moe: Any questions? Okay. Thank you very much. Well, there was no one signed up in the back and there is minimal people here, so if there is anyone that would like to come forward, you're more than welcome to do that. You would have three minutes to talk. I don't see anybody rushing to the podium here, so, therefore, Commissioners? Newton-Huckabay: Mr. Chair? Moe: Commissioner Newton-Huckabay. Newton-Huckabay: I recommend we close the public hearing on PP 09-001. Rohm: Second. Moe: Okay. It's been moved and seconded to close the public hearing on PP 09-001. All those in favor say aye. Opposed? That motion carries. MOTION CARRIED: ALL AYES. Moe: Any comments, Commissioners, in regards to the ACHD? Any problems moving this forward? Or whatever? What do you guys think? Rohm: Mr. Chairman? Moe: Mr. Rohm. Rohm: I think that we could move it forward with the assumption that ACHD is going to offer their support and if, in fact, that's not the case, then, they can stop with staff before it goes to City Council and they can send it back to us, if, in fact, there is something that needs to be addressed in that type of format. But, otherwise, I don't see any reason why we can't make a motion to move this forward with that assumption. Moe: Okay. Any other comments, Commissioners? O'Brien: I agree with that, Mr. Chair. Moe: Well, then, Mr. Rohm, as you were saying? Rohm: Well, I wasn't ready to make a motion, I just think we should do that. Commissioner Marshall has those two little bullet items. Would you like to move forward with those, old buddy? Marshall: Mr. Chair? Newton-Huckabay: Mr. Chair? I have something first. Given the nature of this development -- I mean can we think of anything reasonably and quickly that could be an Meridian Planning & Zoning Commis April 16, 2009 Page 7 of 14 unintended consequence of moving forward without the ACHD report that I may be missing here? Moe: I really do not believe there is and, quite frankly, just the applicant even making the comment as far as the frontage and whatnot that's -- that's involved here, I really don't see a real problem, it's just I wanted to make sure that the Commission was -- was known up front tonight that normally we don't do this, but I think there -- this is a case that we can move it forward just as long as it's noted within the motion that, depending upon ACHD's report and whatnot, you know. Newton-Huckabay: Yeah. Okay. Moe: Okay? I mean I don't see a real problem with it. Newton-Huckabay: Thank you. Marshall: All right. Mr. Chair? Moe: Mr. Marshall. Marshall: After considering all staff, applicant, and public testimony, I move to recommend approval to the City Council of file number PP 01 -- 09-001 as presented in the staff report for the hearing date of April 16th, 2009, with the following modifications: Strike 1.1.1, bullet two, and 1.1.2, bullet three, to allow 13 buildable lots -- Newton-Huckabay: Fourteen. Marshall: Fourteen buildable lots. Thank you. End of motion. Rohm: Second. Moe: Any --any comment in regard to ACHD at all or are you just moving forward? Marshall: Oh. Well -- Moe: That's a question. Marshall: Assuming that -- that both the private street and the ACRD report will come into City Council, I assume City Council will see the ACRD report and that the private street will come in with the final plat. Rohm: Second. Moe: It's been moved and seconded to approve PP 09-001. All those in favor say aye. Opposed? That motion carries. Meridian Planning & Zoning Commis April 16, 2009 Page 8 of 14 MOTION CARRIED: ALL AYES. Item 5: Public Hearing: CUP 09-002 Request for Conditional Use Permit approval for adrive-thru establishment in a C-G zone within 300 feet of another drive-thru establishment for Idadiv Credit Union by ZGA Architects & Planners LTD - NWC of Meridian Road and Corporate Drive: Moe: At this time I'd like to open the public hearing for CUP 09-002 for Idadiv Credit Union and for the staff report. Parsons: Thank you, Mr. Chairman, Members of the Commission. The application before you tonight is for a Conditional Use Permit for a financial institution with an associated drive-thru within 300 feet of another drive-thru establishment, which is the Starbucks Coffee across the street, across Meridian Road. If you recall, Commission acted on this site back in February and approved a preliminary plat for Trade Plaza Subdivision and this lot is one of those lots. Just for your information as well, last Tuesday City Council did approve the first phase of Trade Plaza, which this lot is part of as well. So, I wanted to let you know that that has been approved by City Council and so the applicant is here to move forward with their CUP application. The site is located at 55 North Meridian Road. To the north of the site is, basically, a vacant lot, zoned C- G and John's Auto Care, zoned C-G. To the west is vacant land -- will be future phrase two of Trade Plaza. To the east is Starbucks and a commercial restaurant zoned C-G. And to the south of this site is a storage facility zoned C-G and truck accessory installation shop, zoned C-G. Here is the aerial of the site. Right now you can see it is primarily vacant land and, again, if my mouse works here, there is where the Starbucks is located here, therefore, triggering the need for the CUP. Here is the site plan that the applicant is proposing. It depicts a 37 -- or 3,765 square foot building pad and associated site improvements. If you recall, access to Meridian Road was approved through the Trade Plaza Subdivision and that was aright-in, right-out on Meridian from Meridian Road to Meridian Road and, then, also full access is on Corporate Drive and that would be constructed with this development. The applicant is also proposing to construct a drive aisle that connects Meridian Road to Corporate Drive as you see here on the site plan. The one thing that I would bring to the Commission's attention is the way this lot is designed, a portion of this drive aisle will be on the adjacent property owner's lot. So, what I have done in the staff report is condition the applicant to get an affidavit of legal interest from the property owner getting his permission to allow for that construction on his lot and they are in agreement with that. Here is the landscape plan that they submitted. Again, these street buffers were consistent to what staff reviewed with the final plat application and the preliminary plat that would be installed with the subdivision. The applicant will only be responsible for the site improvements, which you see here, the parking lot landscaping and the perimeter landscaping as it relates to the internal portion of the development. Staff has reviewed that and finds that it substantially complies with the UDC and has recommended no changes to the site -- the landscape plan that you see before you tonight. Here are the elevations that they have proposed. Again, staff has reviewed this for design in compliance with the design review manual and the UDC and finds that these elevations do comply with those Meridian Planning & Zoning Commis • April 16, 2009 Page 9 of 14 standards and the UDC -- the applicant is proposing to construct that building with brick veneer and stucco. They are going to do earth craft building stone as a wainscot and accent band and, then, use standing seam metal roofing. Future buildings on this site should substantially comply with these elevations. Staff did receive an a-mail from the applicant in concurrence with the staff report, with the exception of two -- condition 1.2 in the staff report, which states that this lot has to be part of a recorded subdivision prior to issuance of a CZC. If you recall, the reason why Trade Plaza came before you was because there were several illegal splits on the property and staff wanted to insure that this lot was definitely a created lot -- a legal lot through the ordinances of this -- in compliance with the ordinances of the -- of the Meridian -- of the City of Meridian before we issued a CZC. So, the applicant wants to talk about possible solutions to that. Staff has met with the building department. We have come up with another solution, if the Commission chooses to go in that direction. What we are proposing is, basically, staff would issue that CZC contingent upon the recordation of the plat. So, basically, we'd have -- when the applicant submitted their CZC and staff issued that CZC, we'd add a bullet point to that CZC or condition to that CZC that says that the applicant is not to receive a building permit until the plat is recorded and we have put in there that that -- the plat -- the City Council had actually acted on the final plat. So, it's in the process of getting routed and getting signature and that we would notify the building department of issuance of the building permit once we receive the recording of that plat. So, if you want to act on that and modify that condition tonight, staff has prepared some language for you on that and what we are recommending is that you modify that condition, which is condition 1.2, to read: A building permit shall not be issued until the lot is created through the recorded plat for Trade Plaza. Staff is recommending approval of the project and I stand for any questions Commission has. Moe: Okay. Any questions of staff at this time? None? Okay. Would the applicant like to come forward, please. And, please, state your name and address for the record, please. Moyer-Farmer: My name is Andrea Moyer-Farmer and my address is 565 Myrtle in Boise. Moe: Thank you. Moyer-Farmer: Yeah. Like has been stated, we concur with everything that's in the report, except where we would -- our concern -- the owner's concern of Idadiv is that if we wait to get a CZC and our building permit applications in and don't get -- you know, we can't do that until the plat's recorded, we will be way behind schedule as far as construction. So, we would just like to work that out. Moe: And the city's solution that Bill just talked about, are you in agreement with that or -- Meridian Planning & Zoning Commi~ • April 16, 2009 Page 10 of 14 Moyer-Farmer: I am in agreement with that, as long as that means the permit will be issued the day of or right around the time the recording of the plat happens. I understand it that way. Moe: That's what I'm anticipating. Other than that, well, we will get with them. Moyer-Farmer: Okay. Moe: That was it? Moyer-Farmer: Yeah. Moe: All other conditions you're fine with? Moyer-Farmer: Okay. Thank you. Moe: Any questions of the applicant? Newton-Huckabay: I have none. Moe: Okay. Bill, you heard her comment. Are we -- what's your comment on that, guess. Friedman: Mr. Chairman, Commissioners, I think, really, it's more of a logistical matter between planning, the applicant, and development services. I think clearly they have to have the plat recorded prior to the city being able to issue a building permit. As Bill indicated, we can issue a CZC, which is not quite what was our normal procedure, I'll say that without saying much more. They can, then, proceed to submit their building plans for review and, then, the building and development services division can hold those plans and, then, they can proceed to -- I mean what we are really after is a recorded plat and a legal lot that's been created. So, once they have recorded that plat, then, in conjunction with development services we can kind of hammer out the process for getting that building permit released. I don't think those are kind of the minutia that the Commission needs to be concerned with, but just if you trust us we will, you know, make sure that -- we are not going to allow that building -- in fact, we are not going to issue the CZC unless we are pretty sure they are well on their way to recording it. Now, the Council has approved the final plat, as Bill has stated, so the final plat has been approved, so, really, now it falls back to the applicant and their owners to proceed forward to make the improvement and obtain the city engineer's signature and record the plat. Moyer-Farmer: I have a question on that Exhibit B, 2.7. I just want to make sure that with the recording of the plat and this paragraph how that affects us as far as it says all these .requirement before applying for a building permit. Street signs to be in place. Water system shall be installed. Activated sewer system. Air testing. Video inspection. Meridian Planning & Zoning Commis~fi April 16, 2009 Page 11 of 14 Fencing installed. Drainage lot inspected. Road base approved by the Ada County Highway District prior to applying for a building permit. Are we okay there? Freckleton: Mr. Chairman, Members of the Commission, those items would need to be done prior to -- prior to applying for the building permit. They are things that -- as you -- you get your plans developed and work with development services, we can get those -- we can get those approved and get you on your way there. You can get your contractor in there and start building the sewer, the water, all of the road infrastructure and that sort of thing. But those things do need to be in place before we -- before we issue the building permit. Moyer-Farmer: But not before that? Freckleton: It says apply. Moyer-Farmer: I guess that's the key word. Freckleton: Yeah. I think we could probably modify that to say issue the building permit. I think the concern from the applicant is the loss of time for our review time and that sort of thing to get a building permit. So, I would be okay with modifying that condition to, basically, say that we wouldn't issue the building permit until those things are completed. Moe: Okay. That was on 2.7 there, Commissioners. Okay. Anything else from you, then? Moyer-Farmer: No. Moe: Okay. Hang on there. Moyer-Farmer: Okay. Moe: Any other questions, Commissioners? O'Brien: I have none. Moe: Okay. Thank you very much. Moyer-Farmer: Thank you. Moe: Again, that was the applicant. I don't see anyone in the audience that has any other questions, so, therefore, Commissioners? Newton-Huckabay: Mr. Chair? Moe: Commissioner Newton-Huckabay. Meridian Planning & Zoning Commis April 16, 2009 Page 12 of 14 Newton-Huckabay: I just -- is there any concern with traffic flow with those drive-thrus across the street from each other? I'm thinking it's going to be so many lanes now that there wouldn't be, but -- Moe: I don't think that's going to be a problem and at the same point you're looking at one-way traffic through there headed that way. So, I don't see a real problem at all. Marshall: I agree with that thought. Moe: So, can 1 get someone to do something with this public hearing? Newton-Huckabay: Mr. Chair, I recommend we close the public hearing on 09-002, Idadiv Credit Union. Marshall: Second. Moe: It's been moved and seconded to close the public hearing on CUP 09-002. All those in favor say aye. Opposed? That motion carries. MOTION CARRIED: ALL AYES. Moe: Any other comments, Commissioners? O'Brien: Mr. Chair? Moe: Commissioner O'Brien. O'Brien: On 2.7 how do they -- how do you want that read as it -- you said to apply -- prior to applying for building permits or how should that read? Newton-Huckabay: Issue. O'Brien: Issue? Moe: Prior to issuance of the building permit. O'Brien: Prior to issuing. Okay. Moe: Okay. Newton-Huckabay: I was going to go ahead with the motion, unless someone else wants to. Moe: You go right ahead. Meridian Planning & Zoning Commi~ • April 16, 2009 Page 13 of 14 Newton-Huckabay: After considering all staff, applicant, and public testimony, I move to approve file number CUP 09-002 as presented in the staff report for the hearing date of April 16, 2009, with the following modifications: That condition of approval 1.2, the Planning Department shall not issue a CZC until the lot is created through the recorded plat for Trade Plaza Subdivision, will be changed to the building permit would not be issued until the subject lot is recorded with the Trade Plaza Subdivision. That's not correct? Friedman: Mr. Chairman, Commissioners, I think we were going to go ahead and issue the CZC -- a conditional CZC prior to the final plat being recorded, but -- Newton-Huckabay: Okay. Friedman: The building permit will not be issued until the final plat is recorded. Newton-Huckabay: It's an addendum to the sentence, not striking the sentence 1.2, is that what you're saying? I add the comment of building permit will not be issued -- Parsons: I believe the condition reads now the Planning Department will not issue a CZC until the lot is part of a recorded subdivision. Newton-Huckabay: Okay. Parsons: We can strike that portion and say a building permit will not be issued until the lot is created through the Trade Plaza Subdivision. Newton-Huckabay: Okay. So, the Planning Department shall not issue a CZC until the lot is created through the recorded plat for Trade Subdivision. Parsons: Yeah. We can strike that and just say a building permit shall not be issued. Newton-Huckabay: Building permit shall not be issued until the subject lot is recorded with the Trade Plaza Subdivision. I would like to go on record as saying that's what I said in the first place. Parsons: Oh. I'm sorry. Newton-Huckabay: That's okay. Parsons: Late night. Newton-Huckabay: Yeah. Okay. That -- and, then, the additional change is bullet point 2.7 in the very last sentence prior to applying for building permit will be changed to prior to issuing building permits. And that would be the end of my motion. Meridian Planning & Zoning Commis • April 16, 2009 Page 14 of 14 O'Brien: Second. Moe: It's been moved and seconded to approve CUP 09-002 with the modification as noted. All those in favor say aye. Opposed? That motion carries. MOTION CARRIED: ALL AYES. Moe: Commissioners, one other item to do. Newton-Huckabay: I recommend -- Rohm: I move we adjourn. Newton-Huckabay: -- we adjourn. Marshall: Second. Moe: It's been moved and seconded to adjourn. All those in favor say aye. Opposed? That motion carries. MOTION CARRIED: ALL AYES. Moe: We adjourn at 7:34. MEETING ADJOURNED AT 7:34 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS.) --~XpPROVED ~.~-- / !'~ DAVID MOE - CHAI AN 5~ I~I ~ DATE APPROVE ATTES ~J CEE L. HOLMAN, CITY CL O r .~ ,~ . GDµF~ q ~~1 ~? ~~ lF0 LM o ~. c ... ~ ~O sT 1 sti' ~ ~,, ~ ~ `~.~y ~I T`t , ~~P April 13, 2009 MERIDIAN PLANNING 8~ ZONING MEETING April 16, 2009 • APPLICANT ITEM NO. 3'A REQUEST Approve Minutes of April 2, 2009 Planning and Zoning Commission Meeting: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: Contacted: COMMENTS Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ~~" ~~ Date: Phone: ~~~ April 13, 2009 CUP 09-001 MERIDIAN PLANNING 8~ ZONING MEETING April 16, 2009 APPLICANT Keybank ITEM NO. .3'B REQUEST FFCL -Conditional Use Permit for a drive thru establishment in a C-G zone within 300 feet of another drive thru establishment for Keybank -NEC of Eagle Road and Ustick Road, Lot 3, Block 1 of Smitchger Subdivision AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: Contacted: Emailed: Date: • Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS See Attached Findings L J CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER r j~ECEIVE D APR 0 9 2009 CITY OFC~fB mr~;.r CITY CLERKS OFFICE E IDIAN~ IDAHO In the Matter of Conditional Use Permit for the Operation of a Financial Institution with a Drive-through Facility in a C-G Zoning District, by Keybank. Case No(s). CUP-09-001 For the Planning and Zoning Commission Hearing Date of: Apri12, 2009 (Findings on Apri116, 2009 agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of Apri12, 2009, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of April 2, 2009, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of Apri12, 2009 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of April 2, 2009, 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 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-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-09-001 Page 1 • • 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 Commission Chair 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. 7. That this approval is subject to the Conditions of Approval in the attached Staff Report for the hearing date of Apri12, 2009, 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-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Conditional Use Permit as evidenced by having submitted a Site Plan Landscape Plan and Elevations, attached in the Staff Report as Exhibit A, is hereby conditionally approved; and, 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of Apri12, 2009, incorporated by reference. D. Notice of Applicable Time Limits Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months 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. For conditional use permits that also require 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 (1) year from the original date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-SB-6.G.1, the Director may authorize a single extension of the time to commence the use not.to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the Commission maybe granted. With all extensions, the Director or Commission may CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-09-001 Page 2 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 The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or 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 maybe 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 maybe 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. Attached: Staff Report for the hearing date of Apri12, 2009. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-09-001 Page 3 • `i'~', By action f the Planning & Zoning Commission at its regular meeting held on the ~ day of t/`1 ~ , 2008. COMMISSIONER DAVID MOE VOTED (Chair) COMMISSIONER MICHAEL ROHM VOTED COMMISSIONER WENDY NEWTON-HUCKABAY VOTED COMMISSIONER TOM O'BRIEN VOTED__~,~ COMMISSIONER JOE MARSHALL VOTED ~~ CHAIRMAN DA D MOE Attest: T Tara Green, Deputy City Clerk Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney. By; Dated: City Clerk's Office 0~~~ aGQpF gr~l~f ... Fo 9 SEAL o x # ~a s 4~ r ~ gi •~oq~o. ,~~arv , CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-09-001 Page 4 STAFF REPORT Hearing Date: Apri12, 2009 TO: Planning & Zoning Commission FROM: Bill Parsons, Associate City Planner 208-884-5533 SUBJECT: CUP-09-001 - Keybank E IDIAN~-- IDAHO I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Keybank, has applied for Conditional Use Permit (CUP) approval for a financial institution with adrive-through facility in a C-G zone. II. SUMMARY RECOMMENDATION Staff is recommending approval of the proposed development with the conditions of approval listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit C of the Staff Report. The Meridian Planning and Zoning Commission heard this item on April 2, 2009. At the public hearing, the Commission voted to approve CUP-09-001. a. Summary of Commission Public Hearing: i. In favor: Craig Slocum ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: None b. Kev Issues of Discussion by Commission: i. None c. Kev Commission Changes to Staff Recommendation: i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number CUP-09-001, as presented in the staff report for the hearing date of April 2, 2009 with the following modifications: (Add any proposed modifications.) Ifurther move to direct Staff to prepare an appropriate findings document to be considered at the next Planning and Zoning Commission meeting on April 16, 2009. Denial After considering all staff, applicant and public testimony, I move to deny File Number CUP-09-001, as presented during the hearing on Apri12, 2009, for the following reasons: (you must state specific reasons for denial and what the applicant could do to obtain your approval in the future). Continuance After considering all staff, applicant and public testimony, I move to continue File Number CUP-09- 001 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at 3270 N. Eagle Road, on the northeast corner of N. Eagle Road and E. Ustick Road, in the southwest % of Section 33, Township 4 North, Range 1 East. Keybank CUP-09-001 PAGE 1 B. Owner: Jeff Stoddard 15 Santa Barbara P1 Laguna Niguel, CA 92677 C. Applicant: Keybank 2025 Ontario Street Cleveland, OH 44115-1028 D. Representative: CSHQA 250 S. 5`~ Street Boise, ID 83714 ~~ E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for a conditional use permit. A public hearing is required before the Planning & Zoning Commission on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: March 16, and 30, 2009 C. Radius notices mailed to properties within 300 feet on: March 6, 2009 D. Applicant posted notice on site by: March 20, 2009 VI. LAND USE A. Existing Land Use(s): The subject site is currently a vacant C-G zoned lot within the Smitchger Subdivision. B. Character of Surrounding Area and Adjacent Land Use and Zoning: The subject site is surrounded by a mix of commercial uses including multi-tenant retail buildings, drug store, restaurants and home improvement store. 1. North: Multi-tenant Retail Building, zoned C-G 2. East: Multi-tenant Building, zoned C-G 3. South: Ustick Road and Vacant lot; zoned C-G 4. West: Eagle Road and Walgreen's, zoned C-G C. History of Previous Actions: In 2004, the subject property was annexed and zoned (AZ-04-009), preliminarily platted (PP-04-037), and final platted (FP-04-081). As part of the annexation approval, the site was subject to a DA (instrument # 1040107404). D. Utilities: 1. Public Works: a. Location of sewer: Sewer service for this site was installed with the Smitchger Subdivision. b.Location of water: Water service for this site was installed with the Smitchger Subdivision. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: Leighton Lateral was tiled with the approval of the Smitchger Keybank CUP-09-001 PAGE 2 • Subdivision. • 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: NA 4. Topography: NA F. Access: Access to Eagle Road and Ustick Road was approved by ITD and ACRD with the Smitchger Subdivision. Across-access agreement exists between all lots in the subdivision as set forth in the CC&R's, as noted on the plat for Smitchger Subdivision. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Mixed Use - Regional (MU-R)." Per Chapter VII of the Comprehensive Plan, the Mixed Use land use category contains five sub-categories. "Generally, the mixed-use designation will provide for a combination of compatible land uses that are typically developed under a master or conceptual site 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. The intent of this designation is to offer the developer a greater degree of design and use flexibility." This category includes uses such as grocery stores, drug stores, coffee/sandwich shops, dry cleaner/Laundromat, professional offices, retaiUgift shops, clothing stores, garden centers, restaurants, banks, drive-through facilities, auto service stations, department stores, medicaUdental clinics, schools, parks, churches, public uses, clubhouses, hardware stores, salons, daycares, entertainment uses, major employment centers, and clean industry. Above, Staff has highlighted the appropriate uses identified in the Comprehensive Plan. The applicant is proposing a use that is supported by the Mixed Use -Regional land use designation. Therefore, Staff believes the proposed bank and associated drive-through facility is an appropriate use on this site and is consistent with the Comprehensive Plan. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): • Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. The City of Meridian plans to provide municipal services to the subject property in the following manner.• - Sanitary sewer and water service will be extended to the project at the developer's expense. - The subject lands currently lie within the jurisdiction of the Meridian City Fire Department. - The subject lands currently lie within the jurisdiction of the Meridian Police Department (MPD). - The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD) and ITD. This service will not change. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter VII, Goal IV, Objective D, Action 2 - "Restrict curb cuts and access points on collectors and arterial streets." Keybank CUP-09-001 PAGE 3 • • Access points for the subject site were evaluated and approved with the Smitchger Subdivision. No additional access points are proposed with this application. • Chapter VII, Goal IV, Objective D, Action 4 - "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." Eagle Road and Ustick Road are designated entryway corridors. By City Ordinance, a 35 foot wide landscape buffer is required adjacent to both roadways. These landscape buffers are currently installed and will remain protected during construction on this site. • Chapter V, Goal III, Objective D, Action 5 - "Require all commercial businesses to install and maintain landscaping." In addition to the required streetscape buffers, planter islands and S foot landscape buffers are required adjacent to drive aisles and parking. On the submitted landscape plan the applicant complies with this requirement. See Landscaping in the Analysis section below. • Chapter IV, Goal I, Objective A, Action - "Permit new... commercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." City water and sewer are stubbed to this parcel. • Chapter VII, Goal 1, Objective B - "Plan for a variety of commercial and retail opportunities within the Impact Area." Currently, a bank is not located in this general vicinity of Meridian. Staff believes the proposed use will provide a needed service in the area. VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zone: The purpose of the commercial districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district proximity to streets and highways. B. Schedule of Use: UDC 11-2B-2 lists financial institutions as a permitted use and the associated drive-through facility as an Accessory/Conditional use in the C-G zone, with Specific Use Standards for both. The Specific Use Standards listed in UDC 11-4-3.11 for Drive-through Establishments require Conditional Use Permit (CUP) approval for drive through facilities that are within 300 feet of another drive through facility or a residential district. The Specific Use Standards in UDC 11-4-3-17 for Financial Institutions requires approval from the Meridian Police Department for the location, access and safety features of all automated teller machines in accordance with UDC 11-3A-16 (see Section 9 below for additional specific use standards related to drive-through establishments). B. Purpose Statement of Zone: The purpose of the commercial districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district proximity to streets and highways. C. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in UDC 11-2B-3 for the C-G zoning district. D. Landscaping 1. UDC 11-3B-8C regulates the parking lot standards of the development code (see section 9 below for further analysis). Keybank CUP-09-001 PAGE 4 • E. Off-Street Parking: UDC 11-3C-6B requires 1 space for every 500 square feet of gross floor area; a 3,473 square foot building is proposed. Based on this amount, 8 parking stalls would be required; 24 are proposed, which complies with this requirement. F. Self-Service Uses: UDC 11-3A-161ists the specific requirements for self service uses (see section 9 below for further analysis). IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: 1. CUP Application: Conditional use permit approval is requested fora 3,743 square foot bank with associated drive-through in a C-G district. The Comprehensive Plan designation for this site is designated as Mixed Use-Regional. Staff is supportive of the proposed use on this site and believes it is consistent with the Comprehensive Plan (see Section VII above for more information). Drive-Through Establishment: Per UDC 11-4-3-11, Specific Use Standards apply to the proposed drive-through use of the property as follows: + All establishments providing drive-through service shall identify the stacking lane, speaker location, and window location on the plans submitted with the Certificate of Zoning Compliance application. The stacking lanes, atm location and speaker locations are shown and comply with this requirement. + Stacking lanes shall have sufficient capacity to prevent obstruction of the public right-of- way bypatrons. Staff believes there is sufficient stacking capacity for the proposed drive-through use. • The stacking lane shall be a separate lane from the circulation lanes needed for access and parking. The stacking lanes are separate from the circulation lanes and comply with this requirement. • The stacking lane shall not be located within ten feet (10') of any residential district or existing residence. NA (The proposed stacking lane is not within 10' of a residential district or residence.) • Any stacking lane greater than one hundred feet (100') in length shall provide for an escape lane. The proposed site plan depicts an escape lane. • A letter from the Transportation Authority indicating the site plan is in compliance with the authority's standards and policies shall be required. ACHD's comments are provided in Exhibit B below. Financial Institutions: Per UDC 11-4-3-17, Specific Use Standards apply to the proposed financial institution as follows: • The location, access and safety features of all automated teller machines shall be subject to review and approval by the Meridian Police Department, and in accord with the standards set forth in UDC 11-3A-16. The Meridian Police Department has reviewed and commented on proposed site design of the project and comments are attached in Exhibit B. Further analysis is provided below for self-service uses. • All ATMs shall be deemed an accessory use to a financial institution. Because this site is proposing additional automated teller services; CUP procurement is required (see section 8 above). Self-Service Uses: Per UDC 11-3A-16, any self-service uses (ATM) shall comply with the following requirements: Keybank CUP-09-001 PAGE 5 • • Entrance or view of the self-service facility shall be open to the public street or to adjoining businesses and shall have low impact lighting. The ATM is located on the south side of the proposed building and faces Ustick Road, a major arterial. • Financial transaction areas shall be oriented to and visible from an area that receives high volumes of traffic, such as a collector or arterial streets. The ATM will be visible from Ustick Road,• designated a major arterial. • Landscape shrubbery shall be limited to no more than 3 feet in height between entrances and financial transaction areas and the public street. The applicant shall maintain the landscaping to comply with this requirement. Access: Access along Eagle Road and Ustick Road were approved with the Smitchger Subdivision. The nearest driveway to this site is a right-in/right-out driveway adjoining Ustick Road located approximately 392 feet from the intersection. Across-access agreement exists between all lots in the subdivision as set forth in the CC&R's, as noted on the plat for Smitchger Subdivision. Direct lot access is not proposed or approved with this application. Site Design: The site plan submitted with this application (CSHQA, labeled as Sheet SP.1, dated 2/26/09) depicts one 3,743 square foot building pad. Staff has reviewed the site design for conformance with the UDC 11-3A-19 and the Meridian Design Manual. Staff finds the site plan is consistent with the aforementioned documents. Therefore, staff is supportive of the site design as proposed. Landscaping: The applicant has submitted a landscape plan dated 2/26/2009 by CSHQA, labeled as Sheet Ll.l. The street buffer landscaping along Eagle Road and Ustick Road were reviewed and approved with the final plat for Smitchger Subdivision. Staff has reviewed the internal parking lot landscaping depicted on the landscape plan and finds it complies with the landscaping requirements in UDC 11-3B-8. Therefore, staff is supportive of the landscape plan as proposed. Building Elevations: The Applicant has submitted building elevations with this application that are included in Exhibit A. Building materials depicted on the elevations include brick veneer in two different colors, buffstone accent banding, and sandstone prefinished metal cornice detail along the roofline. Staff is supportive of the proposed elevations as they comply with the design standards listed in UDC 11-3A-19 and Meridian Design Manual. The future building constructed on this site shall substantially comply with these elevations. Design Review: The proposed development is subject to Administrative Design Review in accord with UDC 11-SB-8. Further, the building and site design are subject to the standards and guidelines in accord with UDC 11-3A-19 and the Meridian Design Manual. As mentioned above, staff has reviewed the site design and elevations for compliance with these standards and guidelines. Therefore, the applicants administrative design review is approved and the elevations and site design attached in Exhibit A shall not be altered without written approval from the Planning Department. X. EXHIBITS A. Drawings 1. Vicinity/Zoning Map 2. Site Plan (dated: 2/26/09) 3. Landscape Plan (dated: 2/26/09) 4. Building Elevations (dated: 3/13/09) B. Conditions of Approval 1. Planning Department Keybank CUP-09-001 PAGE 6 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District C. Required Findings from Unified Development Code Keybank CUP-09-001 PAGE 7 • • 1. Vicinity/Zoning Map Exhibit A - 1 - • 2. Site Plan (dated: 2/26/09) .~ , 'I=ET, rv#... °aEH :•E rM tw = a W ~n ~L~A~ Q ,.~ ,car. Fn 41rp-: Exhibit A - 2 - • 3. Landscape Plan (dated: 2/26/09) .o«amr,~ ,{ ~i sw rre+~rr r_ s~ are rrr arA~4hi.. , Erf y ~ -T r " r , ' ,: r ~ ~ _~~ ~ ~ _ ~ ~ ~~} r k ~ ~.. ~ ~ ~ ~ •_ ~~ ,k ~ ~.~ ?,( ~ , i , li t ~, $- -t' ~ v ~ .: ~ S ' K r ` r[] " y j f _ r~ x ~ 1 ~~ > ;~ ' ~ i * ~ ~ _.,~ . ~ ~ 1 t" 1 r Ra r L • . ~. i : : . , o ~ ~ ~~~ ~ ~r _ ~.i i ,~ -ec I ~o•nrmao~f -~ -. ,ne sore awo~r f • :.m f l l I _-_ ` ___ r a ~ ~ ~ ~ ~" ,- . ,' ~, ~ rwls Mae araroR f"' ~" ~ , ~, r ._ ~~ ~ '' _._.._m„~.~ ~~ ~. ~ i 7A ~ ~~~ r t 1 1 y y r ~ I t T M 7~ t .~~ ~. ! t w. ,7{r "s ` ~. R r +ur ~ ,,, • rV~, _~ ~. .. _~e'~"'~*ifr ... ~ I4,--.~_ T __. ~~ 4~ A , dlOY 1~'MI~1 1 ~ut+ Puw a re r • r r 1rME M 19f Exhibit A - 3 - 4. Building Elevations (dated: 3/13/2009) 3~'=== 3==== ~---- ~.~----- a~- ~-- NORTX SIDE ELEVATION ~t REAR ELEVATION 13~a~sr-,Lm SOUTH SIDE ELEVATION 4 ,,,,._,,~. Exhibit A - 4 - ~~r FRONT ELEVATION ~ snx= ~°a- • . B. Conditions of Approval On March 12, 2009 a joint agency and departments meeting was held with service providers in this area. These agencies submitted comments on this application, which are included below. 1. Planning Department 1.1 All comments and conditions of the annexation (AZ-04-009), development agreement (Instrument No. 104107404), preliminary plat (PP-04-037) and final plat (FP-04-081) associated with this site shall also be considered conditions of the subject Conditional Use Permit (CUP-09- 001). 1.2 The Applicant shall comply with the Specific Use Standards for drive-through establishments and financial institutions listed in UDC 11-4-3-11 and UDC 11-4-3-17. 1.3 The applicant shall comply with standards for self-service uses listed in UDC 11-3A-16. 1.4 The Site Plan, labeled Sheet SP.1, prepared by CSHQA, dated 02/26/2009, included in Exhibit A, is approved, with no changes. 1.5 The Landscape Plan, labeled Sheet Ll.l, prepared by CSHQA, dated 02/26/2009, is approved, with no changes. 1.6 The request for Administrative Design Review approval of the site and proposed building with a drive-through facility is approved. Any modifications to the site design or building alternations shall not occur without written approval from the Planning Department. 1.7 The applicant shall submit a Certificate of Zoning Compliance application for the proposed financial institution and associated drive-through facility with revised plans that comply with the conditions of approval listed herein, prior to issuance of building permits. 1.8 All business signs require a separate sign permit in compliance with the sign ordinance (UDC 11- 3D). 1.9 The applicant shall comply with the outdoor lighting standards listed in UDC 11-3A-11. 1.10 The existing 35-foot wide landscape buffer shall remain protected during construction on this site. Any damage to the existing landscaping shall be replaced to its original condition. 1.11 Staff's failure to cite specific ordinance provisions or terms of approval of the Smitchger development does not relieve the applicant of responsibility for compliance. The applicant shall comply with all prior conditions of approval for this site. 1.12 Applicant shall have a maximum of 18 months to commence the use as permitted in accord with the conditions of approval listed above (UDC 11-SB-6F). If the approved use has not begun within 18 months of approval, a new conditional use permit must be obtained prior to operation. 2. Public Works Department 2.1 Water service to this site was stubbed with the Smitchger Subdivision. . 2.2 Sanitary sewer service to this development was stubbed with the Smitchger Subdivision. 2.3 Public Works has no concerns with this application. 3. Fire Department 3.1 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide and support an imposed weight of 75,000 GVW. Exhibit B - 1 - • • 3.2 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.3 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D 3.4 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from 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). 3.5 Provide exterior lighting as required by the International Building and Fire Codes. 3.6 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 4. Police Department 4.1 The Police Department has no concerns related to the site design submitted with the application. 5. Parks Department 5.1 The Parks Department has no concerns with the site design as submitted with the application. 6. Sanitary Service Company 6.1 Prior to issuance of a certificate of zoning compliance, that applicant shall submit an approved site plan from SSC. 7. Ada County Highway District SITE SPECIFIC CONDITIONS OF APPROVAL 7.1.1 The applicant shall comply with all previous conditions of approval for this site. 7.1.2 Comply with all Standard Conditions of Approval. 7.2 STANDARD CONDITIONS OF APPROVAL 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACRD roadway or right-of--way. 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 Comply with the District's Tree Planter Width Policy. Exhibit B - 2 - • 7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 Payment of applicable road impact fees are required prior to building construction. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.2.13 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Exhibit B - 3 - • C. Required Findings from Unified Development Code 1. Conditional Use Permit Findings: The decision making body shall base its determination on the Conditional Use Permit request upon the following: A. 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 proposed building and drive-through facility on this site can accommodate and meet all dimensional and development regulations of this district (as amended). The Commission finds that the subject property is large enough to accommodate the required parking, landscaping and other features required by the ordinance. The Commission should rely on Staff's analysis, and any oral or written public testimony provided when determining if this site is large enough to accommodate the proposed use. B. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The Commission finds that the Comprehensive Plan designation for this property is "Mixed Use-Regional." The proposed use is generally harmonious with the Comprehensive Plan and the UDC (see Section 7, 8 and 9 above for more information regarding the requirements for this use). 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. The Commission finds that, if the Applicant complies with the conditions outlined in this report, the operation of the proposed drive-through establishment (Bank) should be compatible with adjacent commercial uses and intended character of the area. The Commission should rely upon any public testimony provided to determine if the development will be compatible with other uses in the vicinity. D. 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 that, if the Applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. The Commission should rely upon any public testimony provided to determine if the development will adversely affect the other property in the vicinity. E. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The Commission finds that the site will be adequately served by the previously mentioned public facilities and services. Exhibit C F. 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. If approved, the Applicant will be fmancing any improvements required for development. The Commission finds there will not be excessive additional requirements at public cost and that the proposed use 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 the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors. The Commission recognizes that traffic and noise is a concern; however, the Commission does not believe that the amount generated by the proposed new use of the property will be detrimental to any persons, property, or the general welfare of the public as there are no nearby residents. The Commission does not anticipate the proposed use will create excessive noise, smoke, fumes, glare, or odors. H. That the proposed use will not result in the destruction, loss or damage of a natural, scenic, or historic feature considered to be of major importance. Staff finds that there should not be any health, safety or environmental problems associated with the proposed use that should be brought to the Commission's attention. The Commission finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic, or historic feature of major importance. Exhibit C - 2 - ~ ~ 3, ~b09 PP 09-001 MEI~r "~! PLANNING & ZONING MEETING April 16, 2009 APPLICANT Nick Schubin ITEM NO. 4 REQUEST Continued Public Hearing from 4/2/09 -Preliminary Plat approval of 13 building lots and 1 other lot on approximately 10 acres in an existing I-L zoning district for Bayside Taylor Commerce Park - 1100 W. Taylor Avenue AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: COMMENTS See Previous Item Packet /Attached Minutes See Attached Staff Report ~l a1L~ G S OTHER: Contacted: ~(~ ~ ~ ~ ~~~ Date: ~~ °~ .Phone,.,: ®~' Emailed: . (;~ Staff Initials: G 11'~'* Materials presented at publi meetings shall become property of the City of Meridian. u CUP 09-002 April 16, 2009 APPLI T Idadiv Credit Union ITEM NO. S REQUEST Public Hearing -Conditional Use Permit for a dri~ie-thru establishment in a C-G zone within 300 feet of another drive-thru establishment for Idadiv Credit Union - _-- - -- NWC of Meridian Road and Corporate Drive AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITX PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: See Attached Staff Report A~'~~- a'~~ ~o No Comment See Attached Comments OTHER: See Sign Posting/ See Attached Letter by Arthur Berry/ No Comment by ITD Contacted: ~J~~~! ,~~.~t /~ ~,/,~ir' Date: ~ Phone: Emailed: ~h ~'7~jj/(,_ (~p-yy~ Staff Initials: __~~i~/ ' Materials presented at public meetings shall become property of the City of Meridian.