Staff Report
Item #4E: Northpointe Capital Educators Credit Union (CUP-11-006)
Application(s):
- Conditional Use Permit for drive-through establishment within 300 feet of a residential zoning district
Size of property, existing zoning, and location: This site is an one acre commercial lot, zoned C-G, and is located
on the northwest corner of N. Linder Road and W. McMillan Road.
Adjacent Land Use & Zoning:
1. North: Vacant commercial property and Residential homes, zoned C-G and R-4
2. East: Linder Road and Walgreens, zoned C-G
3. South: McMillan Road and Vacant office lots, zoned L-0
4. West: Vacant commercial property, zoned C-G
History:. In 2003, the annexation (AZ-03-013), preliminary plat (PP-03-014) and conditional use permit (CUP-03-
028) for Kelly Creek Subdivision were approved by the Meridian City Council. The planned development allowed a 20
percent use exception for office and commercial uses. A development agreement was also required upon annexation
of the property recorded as instrument #103181095. A provision of the DA requires CUP approval prior to any
development occurring on the site.
In 2007, a City Council approved the Kelly Creek Commercial final plat (FP-O7-035). The final plat consists of four (4)
commercial lots on 4.91 acres.
Summary of Request: The applicant proposes to construct a 2,800-3,200 square foot bank with an associated
drive-through on a platted commercial lot. All access points to this site and cross access were addressed with the
review of the Kelly Creek Subdivision. The CUP is required because: 1) the proposed drive-through is within 300 feet
of a residence and 2) the recorded development agreement for the site requires CUP approval prior to development
on the site.
Per UDC 11-4-3-11, the proposed drive-through is subject to specific use standards. The current site plan does not
comply with these standards as an exit lane and ATM machine location are not depicted on the site plan. This can be
corrected during the review of the CZC and DES applications, since compliance with all of the drive-through specific
use standards for drive through and self-service uses as outlined in UDC 11-3A-16 is required.
Staff has reviewed the submitted site plan and requires the necessary revisions prior to the submission of the
certificate of zoning compliance (CZC) application:
1) relocate the trash enclosure or coordinate with SSC for the use of totes;
2) Provide a 25-foot wide landscape buffer along McMillan Road and;
3) .prior to submitting the CZC application, the property must be short platted in accord with UDC 11-66-5.
4) Comply with specific standards for drive through and self service uses.
Comprehensive Plan DesignationlCompliance wlComp Plan? Commercial -Yes
Compliance with UDC? Yes w/conditions
Written Testimony: The applicant has indicated agreement with the recommended action and conditions.
Staff Recommendation: Approval
Notes:
STAFF REPORT
Hearing Date:
TO:
FROM:
SUBJECT:
October 6, 2011
Planning & Zoning Commission
Bill Parsons, Associate City Planner
208-884-5533
(~E IDIAN~--
CUP-11-006 - Northpointe Capital Educators Credit Union
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, CapEd, has applied for a conditional use permit (CUP) for adrive-through
establishment in a C-G zoning district within 300 feet of another drive through establishment, a
residential district, and existing residences, as required by UDC 11-4-3-11. Furthermore, the DA
governing the site requires CUP approval prior to any development occurring on the site. See
Section IX Analysis for more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the application subject to the conditions listed in Exhibit B, based on
the Findings of Fact and Conclusions of Law in Exhibit C of the Staff Report.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number CUP-11-
006 as presented in the staff report for the hearing date of October 6, 2011, 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 hearing
on October 20, 2011.
Denial
After considering all staff, applicant and public testimony, I move to deny CUP-11-006 as
presented during the hearing on October 6, 2011, for the following reasons: (You should state
specific reasons for denial.)
Continuance
I move to continue File Number CUP-11-006 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 subject property is located on the northwest corner of W. McMillan Road and N. Linder
Road, in the northeast '/ of Section 24, Township 3 North, Range 1 West
B. Owner(s):
James Durst
2997 Paseo Hills Way, Ste. 201
Henderson, NV 89052
Northpoime Capital Educators Credit Union -CUP-1 1-006 PAGE 1
C. Applicant:
Capital Educators Credit Union
275 S. Stratford Drive
Meridian, ID 83642
D. Representative:
Chad Slichter, Slichter Architects, 658-1679
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: September 19, and October 3, 2011
C. Radius notices mailed to properties within 300 feet on: September 8, 2011
D. Applicant posted notice on site by: September 26, 2011
VI. LAND USE
A. Existing Land Use(s) and Zoning: This site is currently vacant and lies within a C-G (General
Retail and Service Commercial) zoning district.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: Vacant commercial property and Residential homes, zoned C-G and R-4
2. East: Linder Road and Walgreens, zoned C-G
3. South: McMillan Road and Vacant office lots, zoned L-O
4. West: Vacant commercial property, zoned C-G
C. History of Previous Actions:
In 2003, the annexation (AZ-03-013), preliminary plat (PP-03-014) and conditional use
pernlit (CUP-03-028) for Kelly Creek Subdivision were approved by the Meridian City
Council. The preliminary plat consisted of 214 residential lots, 10 office lots and 4
commercial lots and 15 common lots on 79.77 acres. In addition, the planned
development allowed a 20 percent use exception for office and commercial uses. A
development agreement was also required upon annexation of the property recorded as
instrument #1 03 1 8 1 095. A provision of the DA requires CUP approval prior to any
development occurring on the site.
• In 2007, a City Council approved the Kelly Creek Commercial final plat (FP-07-035).
The final plat consists of four (4) commercial lots on 4.91 acres.
D. Utilities:
1. Public Works:
a. Location of sewer: N/A
b. Location of water: N/A
c. Issues or concerns: None
Northpointe Capital Educators Credit Union -CUP-1 1-006 PAGE 2
E. Physical Features:
1. Canals/Ditches Irrigation: NA
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: This property is not within the floodplain.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Commercial" on the Comprehensive Plan Future Land Use Map. The
purpose of this category is to provide a full range of commercial and retail to serve area residents and
visitors. Uses may include retail, wholesale, service and office uses, multi-family residential, as well
as appropriate public uses such as government offices.
The proposed retail store is consistent with the Commercial land use designation.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed use (staff analysis in italics):
• "Require all commercial and industrial businesses to install and maintain landscaping."
(Chapter 2, page 14)
A landscape plan was not sz-~bmitted with this application. Landscaping will be regzrired with
development of the proposed arse (CZC and DES) in accord with the standards listed in UDC
11-3B. Further, the required landscape buffers adjacent to Linder and McMillan were
reviewed and approved with the final plat. Prior to occupancy of the bz~ilding the associated
landscaping must be installed.
• "Permit new development only where urban services can be reasonably provided at the time
of final approval and development is contiguous to the City." (Chapter 3, page 45)
Water and sewer service is available 8c service lines have been stubbed to the site from
Linder and McMillan Roads. The extension of city utilities was reviewed and approved with
the final plat.
• "Require screening and landscape buffers on all development requests that are more intense
than adjacent residential properties." (Chapter 3, page 53)
The proposed commercial use does not directly abut the residences to the north. The
proposed use is approximately 250.feetfrom the residential zoning boundary. Another
building and a required 25-foot landscape biffer will be installed when the northern
commercial lot develops.
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 accordance with the Meridian comprehensive plan. Six (6)
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 in
proximity to streets and highways.
B. Schedule of Use: Unified Development Code (UDC) 11-2B-21ists the permitted, accessory,
conditional, and prohibited uses in the C-G zoning district. The proposed financial institution is
listed as a principal pernitted use in the C-G district; however, the associated drive through
requires conditional use approval if it lies within 300' of another drive through establishment,
residential district, or existing residences which it does. There is specific use standards for drive
Northpointe Capital Educators Credit Union -CUP-1 1-006 PAGE 3
through establishments listed in UDC 11-4-3-11.
C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2B-3 for the C-G
zoning district apply to this site.
D. Landscaping Standards (UDC 11-3B):
1. Width of street buffer(s): 25 feet along Linder; 25 feet along McMillan
2. Width of buffer(s) between land uses: 25 feet to residential uses however this site does not
abut a residence.
3. Percentage of site as open space: NA
4. Tree Preservation: NA
E. Off-Street Parking: UDC 11-3C-6B requires one off-street vehicle parking space for every 500
square feet of gross floor area in commercial districts for non-residential uses.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
The applicant proposes to construct a 2,800-3,200 square foot bank with an associated drive-
through on a platted commercial lot. All access points to this site and cross access were addressed
with the review of the subdivision. The CUP is required because: 1) the proposed drive-through is
within 300 feet of a residence and 2) the recorded development agreement for the site requires
CUP approval prior to development on the site.
Per UDC 11-4-3-11, the proposed drive-through is subject to specific use standards. Staff finds
the proposed site plan addresses a majority of the standards except for the standard that addresses
the length of the stacking lanes. Specifically, if a stacking lane exceeds 100 feet then an exit lane
must be provided. On the submitted site plan, the proposed stacking lane exceeds the 100-foot
requirement. The applicant has indicated an exit lane has not been planned however, in
discussions with the applicant, staff is confident the proposed site plan can accommodate an exit
lane with minor revisions to the proposed site plan. With the submittal of the CZC and DES
applications, the site must comply with all of the specific use standards referenced above.
The proposed drive-through is oriented adjacent to Linder Road. The hours of operation for the
bank and drive-through are to occur between 8 am to 6 pm Monday through Friday which are
typical bank hours. However, banks usually provide self-service facilities (ATM) for their
patrons. The submitted site plan does not depict the location of one. If an ATM is proposed, the
site plan needs to he revised to indicate the location of the ATM machine which must comply
with the self-service standards outlined in UDC 11-3A-16.
Given the distance between the proposed facility and the residences (approximately 250 feet),
Staff believes the propose use will not impact the adjacent residential properties. For these
reasons, staff is not recommending a restriction on the hours of operation.
The applicant has submitted photos of existing bank that was constructed in a nearby jurisdiction.
These photos were meant to demonstrate the type of building that maybe constructed on the site.
Per the UDC, the applicant is required to submit an application for Certificate of Zoning
Compliance and Design Review prior to issuance of building permits for the site. Design Review
of the site and proposed structure must to comply with the standards listed in UDC 11-3A-19 and
the guidelines contained in the City of Meridian Design Manual.
Staff has reviewed the submitted site plan and requires the necessary revisions prior to the
submission of the certificate of zoning compliance (CZC) application:
Northpointe Capital Educators Credit Union -CUP-1 1-006 PAGE 4
1) Staff is not supportive of the proposed trash enclosure location on the site plan. The
City's ordinance does not require one to be constructed on the site. The applicant should
coordinate with SSC on a more suitable location for the trash enclosure or verify if the
use of totes is available in lieu of the enclosure.
2) The landscape buffer along McMillan Road scales at 20 feet. The UDC requires a
minimum of a 25-foot wide landscape buffer. Provide a 25-foot wide landscape buffer
along McMillan Road;
3) The applicant is proposing to develop only a portion of the property. To split the property
as indicated on the site plan requires approval of a short plat. Prior to submitting the CZC
application, the property must be short platted in accord with UDC 11-6B-5.
X. EXHIBITS
A. Drawings
1. Vicinity Map
2. Preliminary Site Plan (date: 7/1/11)
3. Building Photos
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Sanitary Service Company
6. Ada County Highway District
7. Parks Department
C. Required Findings from Unified Development Code
Northpointe Capital Educators Credit Union -CUP-1 1-006 PAGE 5
Exhibit A.1: Vicinity Map
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Exhibit A - 1 -
Exhibit A.2: Site Plan (date: 7/1/11)
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Exhibit A - 2 -
Exhibit A.3: Building Photos
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Exhibit A - 3 -
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 The applicant is to meet all terms of the approved annexation (AZ-03-013), development
agreement (instrument #103181095), preliminary plat (PP-03-014), conditional use permit (CUP-
03-028) and final plat (FP-07-035) for this development.
1.2 The site plan prepared by Slichter Architects, dated 7/1/11 is approved with the following
changes:
• Staff is not supportive of the proposed trash enclosure location on the site plan. The applicant
shall coordinate with SSC on a more suitable location for the trash enclosure or verify if the
use of totes is available in lieu of the enclosure.
• Provide a 25-foot wide landscape buffer along McMillan Road;
• Depict ATM location on the site plan;
• The applicant shall comply with the structure and site design standards in accord with UDC
11-3A-19.
1.3 The applicant shall comply with the specific use standards listed in UDC 11-4-3-11 for the drive-
through establishment. With the submittal of the Certificate of Zoning Compliance application,
the applicant shall provide a revised site plan that depicts an exit lane.
1.4 Prior to establishment of the proposed use, the applicant shall be required to submit a Certificate
of Zoning Compliance and Design Review application to the Planning Department for this site.
1.5 No signs are approved with this application. The applicant shall submit a sign permit application
in accord with the standards listed in UDC 11-3D for approval of any future signs on this site.
1.6 The applicant shall have a maximum of two (2) years to commence the use as permitted in accord
with the conditions of approval listed above. If the business has not begun within this time period,
a time extension shall be requested in accord with UDC 11-SB-6F prior to expiration. If a time
extension is not requested or granted and the CUP expires, a new conditional use permit must be
obtained prior to operation.
1.7 Prior to submitting the CZC application, the property shall be short platted in accord with UDC
11-6B-5 to create the lot as depicted on the site plan unless the entire site is developed with the
proposed use.
1.8 The applicant shall comply with the self-service uses in accord with UDC 11-3A-16.
1.9 Staff's failure to cite specific ordinance provisions or terms of the approved conditional use does
not relieve the applicant of responsibility for compliance.
2. PUBLIC WORKS DEPARTMENT
2.1 No Comments.
3. FIRE DEPARTMENT
3.1 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in
accordance with International Fire Code Section (IFC) 508.5.4 as follows:
a. Fire hydrants shall have the 4 %2" outlet face the main street or parking lot drive aisle.
b. Fire hydrants shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on corners when spacing permits.
Exhibit B - 1 -
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
f. Fire hydrants shall be placed 18" above finished grade to the center of the 4'/i" outlets.
g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
3.2 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and
48' outside, per International Fire Code Section 503.2.4.
3.3 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and
have a clear driving surface of 20' in width capable of supporting an imposed weight of 75,000
GVW, per International Fire Code Section 503.2.
3.4 Provide signage ("No Parking Fire Lane") for all fire lanes in accordance with International Fire
Code Sections 503.4 & D103.6.
3.5 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a
vertical clearance of 13'6 as set forth in International Fire Code Section 503.2.1.
3.6 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather
surface are required to be installed before combustible construction material is brought onto the site,
as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J.
3.7 Commercial and office occupancies will require afire-flow consistent with International Fire
Code Appendix B to service the proposed project. Fire hydrants shall be placed per Appendix C.
3.8 Maintain a separation of 5' from the building to the dumpster enclosure as set forth in International
Fire Code Section 304.3.3.
3.9 Provide a Knox box entry system for the complex prior to occupancy as set forth in International Fire
Code Section 506.
3.10 The applicant shall work with Public Works and Planning Department staff to provide an address
identification plan and a sign which meets the requirements of the City of Meridian sign ordinance
and is placed in a position that is plainly legible and visible from the street or road fronting the
property, as set forth in International Fire Code Section 505.1.
3.11 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 as set forth in International Fire Code Section 503.1.1.
3.12 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 as set forth in International Fire
Code Section 507.5.1. 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).
Exhibit B - 2 -
4. POLICE DEPARTMENT
4.1 The Police Department has no concerns related to the site design submitted with the application.
5. SANITARY SERVICES
5.1 The applicant shall submit a scaled site plan stamped approved by SSC verifying compliance with
SSC's requirements with the CZC application.
6. PARKS DEPARTMENT
6.1 The Parks Department has no comments on this application.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 ACI-ID has no site specific conditions related to this application. All other standards conditions of
approval apply.
Exhibit B - 3 -
C. Required Findings from Unified Development Code
1. Conditional Use Permit (UDC 11-SB-6E)
The Commission 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.
Staff finds that the subject one acre property is large enough to accommodate the proposed
use and dimensional and development regulations of the C-G district (see Analysis Section
IX for more information).
b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and
in accord with the requirements of this Title.
Staff finds that the proposed use is consistent with the Comprehensive Plan future land use
map designation of Commercial for this site. Further, staff finds the proposed use of the site
is consistent with the Comprehensive Plan in that the proposed bank with the drive-through
will provide a necessary service that is lacking in the northwest Meridian area.
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.
Staff finds that if the applicant complies with the conditions outlined in this report, the
proposed bank with drive-through should be compatible with other uses in the general
neighborhood and with the existing and intended character of the area.
d. That the proposed use, if it complies with all conditions of the approval imposed, will
not adversely affect other property in the vicinity.
Staff 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
consider 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.
Staff finds that sanitary sewer, domestic water, refuse disposal, and irrigation are currently
available to the subject property. Please refer to any comments prepared by the Meridian Fire
Department, Police Department, Parks Department, Sanitary Services Corporation and
ACHD. Based on comments from other agencies and departments, Staff finds that the
proposed use will be served adequately by all of the public facilities and services listed
above.
Exhibit C - 1 -
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 financing any improvements required for development.
Staff 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.
Staff recognizes that traffic will increase with the approval of adrive-through in this location;
however, Staff does not believe that the amount generated will be detrimental to the general
.welfare of the public since the Comprehensive Plan anticipated the site to be developed with
commercial uses. Staff does not anticipate the proposed use will create excessive noise,
smoke, fumes, glare, or odors. Staff finds that the proposed use will not be detrimental to
people, property or the general welfare of the area.
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. Staff 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 -