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 ~.~-- /
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DAVID MOE - CHAI AN
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DATE APPROVE
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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
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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 -
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2. Site Plan (dated: 2/26/09)
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3. Landscape Plan (dated: 2/26/09)
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4. Building Elevations (dated: 3/13/2009)
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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 -
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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.