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HomeMy WebLinkAboutFarmers & Merchants State Bank CUP-04-002 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN CIC 04-06-04 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A BANK WITH A DRIVE-THRU IN A C-C ZONE, LOCATED ON THE SOUTHWEST CORNER OF E. OVERLAND ROAD AND S. EAGLE ROAD IN EL DORADO BUSINESS CAMPUS, MERIDIAN, IDAHO Case No. CUP-04-002 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT CSHQA, APPLICANT The above entitled conditional use permit application having come before the City Council on April 6, 2004, at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Anna Powell Planning Director for the Planning and Zoning Department, and Craig Slocum, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to- wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 1 OF 20 FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for April 6, 2004, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') ofthe external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the April 6, 2004, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in a C-C zone and by reason of the provisions of the Meridian City Code § 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located on the southwest corner ofE. Overland Road and S. Eagle FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 2 OF 20 Road in El Dorado Business Campus, Meridian, Idaho. 5. The owner of record of the subject property is Kimball Properties, LTD. Partnership, P.O. Box 8204, Boise, Idaho 83704. Applicant is CSHQA, 250 S. 5th Street, Boise, Idaho 83702. 6. 7. The subject property is currently zoned C-C (Community Business District). The zoning district ofC-C is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a Conditional Use Permit approval for a bank with a drive-thru window in a C-C zone. The C-C zoning designation within the City of Meridian Zoning and Development Ordinance requires a Conditional Use Permit be obtained for the use requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1 ) 9. The proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City ordinance. 11. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the hnpact Area Boundary. 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 3 OF 20 following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: CONDITIONS OF APPROVAL PLANNING & ZONING (P&Z) I PUBLIC WORKS 1. This Conditional Use Permit shall be subject to all applicable conditions of approval &om the El Dorado Business Campus (AZ-OI-018, CUP-01-037, PP-OI-020) and Bonito Subdivision (FP-O3-01 0). 2. The existing lot lines shall be modified through the lot line adjustment process and recorded, providing a legal lot to the applicant in the shape shown on the site plan, prior to issuance of a Certificate of Zoning Compliance (CZC). 3. The temporary bank facility shall be removed from the site within 18 months of approval of this Conditional Use Permit. All remaining site improvements shall be installed within 3 months of receiving occupancy ofthe permanent building. Only temporary occupancy will be allowed until all required improvements are complete and inspected. A letter of credit or cash bond (110%) for all outstanding improvements must accompany any request for temporary occupancy of the permanent building. 4. The following modifications to the site plan are required: . The 4- foot walk shall be increased to be 7 feet wide to allow for a 2- foot vehicle overhang and a 5-foot clear walking surface. Since this is a temporary walkway, it may be constructed of asphalt or other handicap-accessible surface. . The proposed parking layout shall be modified to create a van-accessible handicap parking space out of two standard spaces. . The temporary walkway surface shall be removed and replaced with landscaping, instead of retained and extended as currently depicted. Note: If a permanent walkway surface, such as concrete is used, it may be extended as shown. 5. The following additions to the landscape plan are required: . Add a tree to the planter island at the northwest corner of the parking area. . Coordinate plant selection in the planter along the drive-through to meet the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 4 OF 20 14. 15. 16. visibility requirements of the Police Department. 6. Prior to issuance of a CZC, the applicant shall submit a copy of a recorded access easement that crosses the common lot, as depicted on the approved plans. 7. This conditional use permit shall be subject to the expiration provisions set forth in MCC 11- 17-4.B. 8. All parking stalls, drive aisles and drive-thru lanes shall be constructed per the dimensions depicted on the submitted site plans and MCC. 9. All parking and drive aisles shall be paved for all uses, in compliance with the submitted plans. Handicap parking spaces shall be signed and striped in compliance with Federal accessibility guidelines. 10. The project shall provide a cross-access stub to the south, as depicted on the site plan. 11. Sanitary sewer and water service shall be from service lines currently installed adjacent to the property. 12. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11- 13-4C. 13. All signage shall be in accordance with the standards set forth in this report and Section 11- 14 of the City Zoning and Development Ordinance. All signage is subject to review and shall require separate permits. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the adopted building and fife codes. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge within a period of time not to exceed 24 hours for all storms up to and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 5 OF 20 3. 4. 5. 6. including a 1O0-year storm event. 17. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. POLICE DEPARTMENT 1. The proposed development shall limit landscaping shrubs and bushes to species that do not exceed three feet in height around the drive through and ATM. Please coordinate the planting with Chief Musser prior to submitting for a Certificate of Zoning Compliance. 2. Passive lighting should be used to ensure that all public areas are well-lit and visible during evening hours. FIRE DEPARTMENT 1. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 2. Coordinate fire hydrant locations with the Fire Marshall, Joe Silva, prior to submitting for a Certificate of Occupancy (CZC). Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. Fire Hydrants shall be placed on corners. Fire hydrants shall not have any vertical obstructions to outlets within 10'. e. f. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. Building setbacks shall be per the Building Code for one and two story construction. Fire lanes and streets shall have a vertical clearance of 13' 6". This includes mature landscaping. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 6 OF 20 7. Commercial and office occupancies will require a fire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. 8. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. B. Adopt the Recommendations of ACHD as follows: 1. Comply with the conditions of approval for MCUPOI-037/MAZOI-018 (El Dorado Business Campus). C. Adopt the Recommendations of Central District Health Department as follows: 1. After written approval from appropriate entities are submitted, we can approve this proposal for central sewage and central water. 2. Central sewage and central water plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality. 3. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 4. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. D. Adopt the action of the City Council taken at their April 6, 2004 meeting as follows: 1. Pertaining to the Five (5) Special Considerations in the Staff Report dated Transmittal Date: February 26, 2004, Hearing Date: March 4, 2004, the applicant and the Planning and Zoning Department have resolved all 5 issues. 13. It is found that the subject property, as depicted, is large enough to accommodate the required open spaces, parking, landscaping and other features required by the ordinance. It is noted that the site is about 60 feet smaller than the platted lot lines of Bonito Subdivision and sits on a portion of Lot 9, Block 5. A lot line adjustment is in process with the City and must be FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 7 OF 20 recorded prior to issuance of a Certificate of Zoning Compliance. Parking stalls are required at the rate of one space per 200 s.f. of gross floor area. The phase 1 temporary facility (1,217 s.f.) requires 6 parking spaces; 13 spaces are proposed-more than double the required number. The phase 2 permanent facility (4,765 s.f.) requires 24 parking spaces; 46 spaces are proposed-nearly double the number required. Under each phase the project will have ample parking. 14. It is found that the Comprehensive Plan Land Use Map designates the property as "Mixed Use-Regional" and it is currently zoned C-c. Mixed Use-Regional allows for banks and drive-through facilities (see Comprehensive Plan, p. 98). Ordinance 11-8-1, Schedule of Use Control, allows for drive-in establishments through the conditional use process in the C-C zone. The Development Agreement for the subdivision also allows for drive-through projects through the conditional use process. It is found that the requested uses are in compliance with the approved Future Land Use Map and that if approved as a CUP the project will be in compliance with the MCC. 15. The abutting properties to the south and west are part ofEl Dorado Business Campus and are intended for development of a similar nature. Properties across Eagle Road to the east are in Silverstone and are also being developed in a similar fashion. The existing rural residence across Overland Road from the project will experience a change from existing conditions; however, the Comprehensive Plan shows that the future intended land use of the area is also Mixed Use- Regional. Therefore, it is found that the proposed development will not adversely change the existing or intended character of the general vicinity. The decision to change the character of the area was already made with the approval ofEI Dorado Business Campus and Bonito Subdivision. 16. The adjoining properties to the west and south are owned by the same property owner FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 8 OF 20 that has consented to submittal of this application. Therefore, it is not anticipated that the proposed use will adversely affect adjacent properties. 17. The project has vehicular access from Overland Road via a previously approved curb cut for Bonito Subdivision. The Police Department has commented that the shrubs along the edge of the drive through must be low to allow clear visibility for patrol cars; the applicant has agreed to coordinate with the Police Chief to ensure that their visibility needs are met. ACHD approved the proposed project with no new conditions, except to comply with the conditions already placed on the subdivision. Water and sanitary sewer service to the project is readily available to the site via mains installed as part of the subdivision improvements. 18. The developer will finance the extension of sewer, water, utilities and pressurized irrigation to serve the project. The primary public costs to serve the future residents will be fire and police services. It is found that 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. 19. No new trip generation estimates were provided by ACHD, since estimates for the entire subdivision were approved previously when it was subdivided. According to KendaIl Kemmer at ACHD, "since they are part of a larger development the actual new daily trips will most likely be reduced as larger developments such as Bonito [Subdivision] wiIl experience the phenomenon of trip capture. The people who work within larger developments are more likely to use things such as banks and restaurants within the development as opposed to going outside which reduces the number of new trips actuaIly being made to the uses within the development." The approved subdivision plans anticipate up to 8,262 additional vehicle trips per day for the entire El Dorado Business FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE90F20 campus; the proposed project is only a ftaction of the pre-approved ultimate traffic volume. It is found that no excessive traffic, smoke, fumes, glare or odors will result from the proposed use. 20. All vehicular approaches were previously approved with Bonito Subdivision. It is found that the proposed use will not create significant interference with traffic on the surrounding public streets. Refer to ACHD comments for additional detail on this issue. ACHD will not prepare a separate site-specific report for the proposed project and instead have simply required the project to comply with conditions of approval already placed on the subdivision as a whole. 21. It is found that no natural or scenic feature will be lost, damaged or destroyed by issuance of this conditional use permit. There have been no identified natural or scenic features on the site. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (LC. §67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 10 OF 20 under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code § 11-17-3) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; 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 ofthe same area; d. That the proposed use, ifit complies with all conditions ofthe approval imposed, will not adversely affect 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, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; 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; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and i. 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. 5. Prior to granting a conditional use permit in the C-C zone, a public hearing shall FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 11 OF 20 be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code § 11- 17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation ofthe Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation ofthe Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code § 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 20 F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. 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. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for a bank with a drive-thru window in a C-C zone, subject to the following conditions of use and development, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: CONDITIONS OF APPROVAL PLANNING & ZONING (P&Z) I PuBLIC WORKS 1. This Conditional Use Permit shall be subject to all applicable conditions of approval from the El Dorado Business Campus (AZ-OI-018, CUP-OI-O37, PP-OI-020) and Bonito Subdivision (FP-O3-010). 2. The existing lot lines shall be modified through the lot line adjustment process and recorded, providing a legal lot to the applicant in the shape shown on the site plan, prior to issuance of a Certificate of Zoning Compliance (CZC). 3. The temporary bank facility shall be removed from the site within 18 months of approval of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF 20 this Conditional Use Permit. All remaining site improvements shall be installed within 3 months of receiving occupancy ofthe permanent building. Only temporary occupancy will be allowed until all required improvements are complete and inspected. A letter of credit or cash bond (110%) for all outstanding improvements must accompany any request for temporary occupancy ofthe permanent building. 4. The following modifications to the site plan are required: . The 4-foot walk shall be increased to be 7 feet wide to allow for a 2-foot vehicle overhang and a 5- foot clear walking surface. Since this is a temporary walkway, it may be constructed of asphalt or other handicap-accessible surface. . The proposed parking layout shall be modified to create a van-accessible handicap parking space out of two standard spaces. . The temporary walkway surface shall be removed and replaced with landscaping, instead of retained and extended as currently depicted. Note: If a permanent walkway surface, such as concrete is used, it may be extended as shown. 5. The following additions to the landscape plan are required: . Add a tree to the planter island at the northwest corner of the parking area. . Coordinate plant selection in the planter along the drive-thròugh to meet the visibility requirements of the Police Department. 6. Prior to issuance of a CZC, the applicant shall submit a copy of a recorded access easement that crosses the common lot, as depicted on the approved plans. 7. This conditional use permit shall be subjectto the expiration provisions set forth in MCC 11- 17-4.B. 8. All parking stalls, drive aisles and drive-thru lanes shall be constructed per the dimensions depicted on the submitted site plans and MCC. 9. All parking and drive aisles shall be paved for all uses, in compliance with the submitted plans. Handicap parking spaces shall be signed and striped in compliance with Federal accessibility guidelines. 10. The project shall provide a cross-access stub to the south, as depicted on the site plan. 11. Sanitary sewer and water service shall be from service lines currently installed adjacent to the property. 12. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 14 OF 20 properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11- 13-4C. 13. All signage shall be in accordance with the standards set forth in this report and Section 11- 14 of the City Zoning and Development Ordinance. All signage is subject to review and shall require separate permits. 14. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. 15. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 16. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge within a period of time not to exceed 24 hours for all storms up to and including a 100-year storm event. 17. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. POLICE DEPARTMENT 1. The proposed development shall limit landscaping shrubs and bushes to species that do not exceed three feet in height around the drive through and ATM. Please coordinate the planting with Chief Musser prior to submitting for a Certificate of Zoning Compliance. 2. Passive lighting should be used to ensure that all public areas are well-lit and visible during evening hours. FIRE DEPARTMENT 1. Acceptance of the water supply for fire protection will be by the Meridian Water Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 15 OF 20 2. Coordinate fire hydrant locations with the Fire Marshall, Joe Silva, prior to submitting for a Certificate of Occupancy (CZC). Final Approval ofthe fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. Fire Hydrants shall be placed on corners. Fire hydrants shall not have any vertical obstructions to outlets within 10'. e. f. 3. All entrance and internal roads shall have a turning radius of28' inside and 48' outside. 4. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 5. Building setbacks shall be per the Building Code for one and two story construction. 6. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 7. Commercial and office occupancies will require a fire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. 8. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. B. Adopt the Recommendations of ACHD as follows: 1. Comply with the conditions of approval for MCUPOl-037/MAZOI-018 (El Dorado Business Campus). C. Adopt the Recommendations of Central District Health Department as follows: 1. After written approval from appropriate entities are submitted, we can approve this proposal for central sewage and central water. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 16 OF 20 2. Central sewage and central water plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality. 3. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 4. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. D. Adopt the action ofthe City Council taken at their April 6, 2004 meeting as follows: 1. Pertaining to the Five (5) Special Considerations in the Staff Report dated Transmittal Date: February 26, 2004, Hearing Date: March 4, 2004, the applicant and the Planning and Zoning Department have resolved all 5 issues. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code § 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 17 OF 20 "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion ofthe project. For projects requiring 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 year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17- 4.B.) NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 18 OF 20 interest in real property which may be 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. By action of the City Council at its regular meeting held on the '7 ~--f:h- .?O day of +/2- ,2004. ROLL CALL: COUNCILMAN SHAUN WARDLE VOTED~ COUNCILMAN BILL NARY VOTED-þ COUNCILMAN CHARLIE ROUNTREE VOTED ~ COUNCILMAN KEITH BIRD VOTED~ MAYOR TAMMY de WEERD (TIE BREAKER) DATED: 4--"-~--O4-- - VOTED- MOTION: V APPROVED:~ DISAPPROVED: Attest: FINDINGS OF FACT AND CONCLUSIONS OF i:ÀW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 19 OF 20 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 20 OF 20 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN CIC 04/06/04 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A BANK WITH A DRIVE-THRU IN A C-C ZONE, LOCATED ON THE SOUTHWEST CORNER OF E. OVERLAND ROAD AND S. EAGLE ROAD IN EL DORADO BUSINESS CAMPUS, MERIDIAN, IDAHO Case No. CUP-O4-002 ORDER GRANTING CONDITIONAL USE PERMIT CSHQA, APPLICANT 1. This matter coming before the City Council on April 6, 2004, under the provisions of Meridian City Code § 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted .a conditional use permit for a bank with a drive-thru window in a C-C zone, subject to the following conditions of use and development: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: CONDITIONS OF APPROVAL ORDER CONDITIONAL USE PERMIT (CUP-O4-002) PAGE 1 OF7 PLANNING & ZONING (P&Z) I PUBLIC WORKS 1. This Conditional Use Permit shall be subject to all applicable conditions of approval from the El Dorado Business Campus (AZ-OI-018, CUP-OI-037, PP-OI-020) and Bonito Subdivision (FP-O3-010). 2. The existing lot lines shall be modified through the lot line adjustment process and recorded, providing a legal lot to the applicant in the shape shown on the site plan, prior to issuance of a Certificate of Zoning Compliance (CZC). 3. The temporary bank facility shall be removed from the site within 18 months of approval of this Conditional Use Permit. All remaining site improvements shall be installed within 3 months of receiving occupancy of the permanent building. Only temporary occupancy will be allowed until all required improvements are complete and inspected. A letter of credit or cash bond (110%) for all outstanding improvements must accompany any request for temporary occupancy of the permanent building. 4. The following modifications to the site plan are required: . The 4- foot walk shall be increased to be 7 feet wide to allow for a 2- foot vehicle overhang and a 5- foot clear walking surface. Since this is a temporary walkway, it may be constructed of asphalt or other handicap-accessible surface. . The proposed parking layout shall be modified to create a van-accessible handicap parking space out of two standard spaces. . The temporary walkway surface shall be removed and replaced with landscaping, instead of retained and extended as currently depicted. Note: If a permanent walkway surface, such as concrete is used, it may be extended as shown. 5. The following additions to the landscape plan are required: . Add a tree to the planter island at the northwest corner of the parking area. . Coordinate plant selection in the planter along the drive-through to meet the visibility requirements ofthe Police Department. 6. Prior to issuance of a CZC, the applicant shall submit a copy of a recorded access easement that crosses the common lot, as depicted on the approved plans. 7. This conditional use permit shall be subject to the expiration provisions set forth in MCC 11- 17-4.B. 8. All parking stalls, drive aisles and drive-thru lanes shall be constructed per the dimensions depicted on the submitted site plans and MCC. ORDER CONDITIONAL USE PERMIT (CUP-O4-002) PAGE 2 OF7 9. 13. 14. 15. 16. 17. All parking and drive aisles shall be paved for all uses, in compliance with the submitted plans. Handicap parking spaces shall be signed and striped in compliance with Federal accessibility guidelines. 10. The project shall provide a cross-access stub to the south, as depicted on the site plan. 11. Sanitary sewer and water service shall be from service lines currently installed adjacent to the property. 12. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11- 13-4C. All signage shall be in accordance with the standards set forth in this report and Section 11- 14 of the City Zoning and Development Ordinance. All signageis subject to review and shall require separate permits. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in. accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge within a period oftime not to exceed 24 hours for all storms up to and including a 100-year storm event. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy maybe obtained by providing surety to the City in the form ofa letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. ORDER CONDITIONAL USE PERMIT (CUP-O4-002) PAGE30F7 4. 5. 6. 7. 8. POLICE DEPARTMENT 1. The proposed development shall limit landscaping shrubs and bushes to species that do not exceed three feet in height around the drive through and ATM. Please coordinate the planting with Chief Musser prior to submitting for a Certificate of Zoning Compliance. 2. Passive lighting should be used to ensure that all public areas are well-lit and visible during evening hours. FIRE DEPARTMENT 1. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 2. Coordinate fire hydrant locations with the Fire Marshall, Joe Silva, prior to submitting for a Certificate of Occupancy (CZC). Final Approval of the fife hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. Fire Hydrants shall be placed on comers. Fire hydrants shall not have any vertical obstructions to outlets within 10'. e. f. 3. All entrance and internal roads shall have a turning radius of28' inside and 48' outside. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. Building setbacks shall be per the Building Code for one and two story construction. Fire lanes and streets shall have a vertical clearance of 13' 6". This includes mature landscaping. Commercial and office occupancies will require a fire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient ORDER CONDITIONAL USE PERMIT (CUP-O4-002) PAGE40F7 response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. B. Adopt the Recommendations of ACHD as follows: 1. Comply with the conditions of approval for MCUPOI-037/MAZOl-018 (El Dorado Business Campus). C. Adopt the Recommendations of Central District Health Department as follows: I. After written approval from appropriate entities are submitted, we can approve this proposal for central sewage and central water. 2. Central sewage and central water plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality. 3. Stormwater shall be pretreated t1!fough a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 4. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. D. Adopt the action of the City Council taken at their April 6, 2004 meeting as follows: 1. Pertaining to the Five (5) Special Considerations in the Staff Report dated Transmittal Date: February 26,2004, Hearing Date: March 4,2004, the applicant and the Planning and Zoning Department have resolved all 5 issues. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to this permit. ORDER CONDITIONAL USE PERMIT (CUP-O4-002) PAGE50F7 NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion ofthe project. For projects requiring 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 year from the original date of approval by the council. Ifthe successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17- 4.B.) ORDER CONDITIONAL USE PERMIT (CUP-O4-O02) PAGE60F7 NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 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 may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date ofthis decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the Û?~ day of Op/L ,2004. ORDER CONDITIONAL USE PERMIT (CUP-O4-002) Attest: PAGE70F7