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HomeMy WebLinkAboutMountain West Bank with Drive Through AZ-04-026 CUP-04-035 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Annexation and Zoning of 2.48 Acres from RUT to CoG, AND Conditional Use Permit Approval for a New 4,500 Square-Foot Bank with a Drive- Through, by Erstad Thornton Architects. Case Nos. AZ-04-026, CUP-04-035 For the City Couucil Hearing Date of: October 26, 2004 A. Findings of Fact I. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code §67- 6509. The matters were duly considered by the City Council at the October 26, 2004, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. c. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. 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. Application and Property Facts 8. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. AZ-O4-024, PP-04-03!, AND CUP-O4-033 - PAGE I of5 verified that the property owner(s) of record at the time of issuance of these findings are James and Marcelyn Wylie. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit E for the findings required for the Annexation and Zoning application. b. See Exhibit F for the findings required for the Conditional Use Permit application. B. Conclusions of Law I. 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 City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles II and 12, 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 § 11-17-9. 4. Due consideration has been given to the comment(s) received ITom the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval 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. 7. That this approval is subject to the Legal Description in Exhibit A, the Site Plan dated July 7,2004 as shown in Exhibit B, and the Conditions of Approval in Exhibits C and D. 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 City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. AZ-O4-024, PP-04-03I, AND CUP-O4-033 -PAGE 2 of5 I. The applicant's Site Plan as evidenced by having submitted the Site Plan dated July 7, 2004 is hereby conditionally approved; 2. The following change to the Conditional Use Permit Conditions of Approval were made at the City Council hearing; a) Construct a six foot fence along the north property line. 3. The following changes to the Annexation and Zoning Conditions of Approval were made at the City Council hearing; a) The City will enter into a latecomers' agreement for applicable utility extensions, and b) The A TM is excluded ITom the hours of operation limitation for this site; and, 4. The site specific and standard conditions of approval are as shown in Exhibits C and D. D. Notice of Applicable Time Limits I. 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 of the 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 ITom 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 11-17-4.8.). E. Notice of Final Action and Right to Regulatory Takings Analysis I. 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. AZ-04-024,PP-04-03!, AND CUP-O4-O33 - PAGE 3 of5 concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body ofthe 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 of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Exhibits Exhibit A: Legal Description (2 pages) Exhibit B: Approved Site Plan (with conditions) Exhibit C: Annexation & Zoning Conditions of Approval Exhibit D: Conditional Use Permit Conditions of Approval (all agencies) Exhibit E: Exhibit F: Annexation and Zoning Findings Conditional Use Permit Findings ~on Of~ Council at its regular meeting held on the 'l/I!'/n , 2004. q~ day of COUNCIL MEMBER SHAUN WARDLE VOTED~ COUNCIL MEMBER CHRISTINE DONNELL VOTED ~ ~ VOTED~ VOTED~ COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. AZ-04-024,PP-O4-031, AND CUP-O4-O33 - PAGE 4 of5 Attest: and City Attorney. By: ~~ fiI ~ \ t I M..J Ity Clerk's Office Dated: 11-30,04 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. AZ-04-024, PP-O4-031, AND CUP-O4-033 - PAGE 5 of5 EXHmIT A Legal Description (2 pages) CritSer-Land Survey 10546 SUmmenrind DrWe Hulse, ldah<> 83704 Bois. - (208) 322-6145 Jerome - (208) 324-8824 F... - (208) 322-0369 IaJO.TICI'i; 1œNSHIP 3 N::ImI, RNa I fAST, BOISE II£RIDINI. SECllC1'i 4, PART SW~f, ÞQ\ 0J.I0IIY, IDIIO. REQ..BT R:R A1I/IE)(ATICI'i PMŒL !JE5(RIPI1C1'i ~ I.œE Sl'ECIFIOULY described as follows; Beglmlng at the Southeast corner for Section 4, thence North 89.5,1' 8S" West 1626.20 feet along the Southerly -", of SectIon 4 to the 1RI.JE !OINT (F BECIN<lIN:::; thence N.- 99.51' 58" WeSt 367.77 feet .'ong said Southerly -'1' to the ""Iended Waslerly boundary of "Venture Street;" thence North O' 87' 12" Easl 293.54 feet along the I\\oslerly bounda'1' of Venture Street to the ""t.- Southerly -'1' of Lot 14, "Venlure SubdIvision." Book 27. Page 1705; thence South 89. 53' 11" East (recorded EaSt) 367.54 feet along the Southerly -", of Vent...... SubdivIsion, thonee South o. 04' 31" West 293.67 feet to lho Soulhorly -'1' of Section 4 an;) the 1RI.JE !OINT (F BECIN<lIN:::, Said Parcel containing 2.48 Acres more or less. . g :Meridian PuhUc Works Dept. I ' , ~ I i ¡:¡ I ~ ~ I: '$1 ¡;~ " t . I ' ~ ..:'ì~ ~, ~ . :: I I ~ . iJ ~ I : ~ ) I I I !ì i I n . " ,""".., """ m" ~~N':~~=ET ' ~ . - ;& ¡ ~ . " -'. .' !. §~~ ~ ,~'Ú'VERf}Ai¡:ROAO !~', 0" j I H!pnq ¡¡:Inn ~ ~ ¡ -~ ¡¡ ,---,. EXHmIT B Approved Site Plan Mountain West Bank (File CUP-04-035) I I I II læ N. VENTURE STREET -r~,J.--~,"r~~;;ar:~,'.',"",',~",.-,I:l~,.'~., II I:~ . .S=1 :-(1' ,:. ¡ ?nr .1J î !1~~JJt' ~!')m nn,' --nm,~';:'1 1m; I tI\ II i '!r~\_n__m ,~;:.---1¡ ! ":,.':;n~'L -----¡ I I' I II Ii Ii I, ] i Irlm 11~,¡,¡'~'IJI",iil,n¡,~,'" :¡"I;I', '1'---., ,mo__,__nb"_",,,,_n¡ rn¡,¡'~'."., I,~'."""'.,i!~.,', "'n""--I"I,, -,.,1 ':;i,~"';¡111 ,. -=-:::::""'J :!':!i';¡",___-- ¡ I c.:::::c= ::,c,J :"'.n,:~ ~-:=:=n",h:".:,'_n~.n.~'":::---"'" -~.::::,d EXHIBIT C Annexation and Zoning Conditions of Approval Erstad Thornton Architects (File AZ-04-026) The City Council of the City of Meridian hereby approves the Annexation and Zoning as requested by the Applicant for the property described in the application, subject to the following: ANEXATION & ZONING FACTS AND CONDITIONS I. The legal description submitted with the application (dated 8-9-04, stamped by Richard D. Critser) shows the property as contiguous to the existing corporate boundary of the City of Meridian. The Public Works Department has confirmed that the submitted legal description meets the requirements of the City of Meridian and the Idaho State Tax Commission. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available ITom the City of Meridian. Wells may be used for non- domestic purposes such as landscape irrigation. 3. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. Iflateral users association approval can't be obtained, plans will be reviewed and approved by the Meridian City Engineer prior to final plat signature. 4. Any future subdivision and/or development of this property shall comply with the City of Meridian ordinances in effect at the time. 5. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian and the property owner(s). The DA shall require that: . All proposed uses on the subject site shall be approved through the Conditional Use Permit process. . Vehicular access to this site shall be restricted to those approved by ACHD and the City with the concurrent Conditional Use Permit Application (CUP-04-035). Access to Fairview Avenue, across the parcel to the east is agreeable. . Business hours for the property shall be limited ITom 7 am to 7 pm, including deliveries, excluding the ATM. 6. The City shall enter into a latecomers' agreement with the applicant with regards to the applicable utility extensions. 3. EXHmIT D Conditional Use Permit Conditions of Approval Mountain West Bank (File CUP-04-035) The City Council of the City of Meridian hereby approves the Conditional Use Permit as requested by the Applicant for the property described in the application, subject to the following: SITE SPECIFIC CONDITIONS OF APPROVAL (CUP) I. All conditions of the accompanying Annexation and Zoning (AZ-04-026) application shall also be considered conditions of the Conditional Use Permit (CUP-04-035) application. 2. Unless otherwise approved by ACHD, direct access to this site shall be provided ITom Venture Street and not Fairview Avenue. Staff recommends that the applicant contact the property owner to the east (Shuerman) to discuss sharing an access to Fairview Avenue. The site plan prepared by Erstad Thornton Architects, labeled al.ll, and dated 7- 07-04, showing a drive through on the western portion of the subject site is approved with the changes listed herein. Prior to issuance of a Certificate of Zoning Compliance (CZC) permit, the applicant shall submit a revised site plan that complies with the applicable changes/additions/notes listed in the Site Specific Conditions of this report. 4. Sanitary sewer and domestic water service to this site shall be via main line extension ITom the existing mains adjacent to the property near the comer of the Wal-Mart site. The applicant shall be responsible for acquiring appropriate standard City of Meridian easements ITom the property owner for the installation and operation of the sewer mainline on private property. Applicant shall be required to extend water and sanitary sewer mains to and through the proposed development, thereby making them available to the adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 5. The submitted landscape plan, prepared by The Land Group, Inc., and dated 7-13- 04 is approved as submitted with the following changes/notes: . Provide a 10-foot wide (minimum) landscape buffer along Venture Street, located entirely outside of any existing right-of-way and any additional right-of-way required by ACHD with this application. All trees shall be located beyond the required street right-of-way. . Provide a 35-foot wide (minimum) landscape buffer along Fairview Avenue, located entirely outside of any existing right-of-way and any additional right-of-way required by ACHD with this application. All trees shall be located beyond the required street right-of-way. . Provide a minimum 25-foot wide landscape buffer along the entire north property line, as proposed. Materials used in the buffer shall be in accordance with MCC 12-13-12-3. . Construct all interior landscape planters (islands) to be a minimum 5-feet in width (measured inside curbs). . Any tree over 4" in caliper that is removed fi:om the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that are removed (MCC 12-13-13-3). Prior to issuance of a Certificate of Zoning Compliance (CZe) permit, the applicant shall submit a revised landscape plan that complies with the changes/additions/notes listed above. 6. The number of off-street parking stalls is approved as shown on the submitted site plan. In accordance with MCC 11-13-5, all standard parking stalls shall be constructed 9-feet by 19-feet minimum and the drive aisles shall be at least 25- feet wide. 7. Building construction shall substantially comply with the elevations prepared by Erstad Thornton Architects, sheet a3.l1, dated 7-07-04. Construction materials used on the structure shall be approved by City of Meridian Building Department and be in accordance with the most recent Uniform Building Code. 8. An underground, pressurized irrigation system shall be installed to all landscape areas per the approved specifications and in accordance with MCC 12-13-8 and MCC 9-1-2. 9. If no permanent fencing is provided on the perimeter, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance ofa building permit. All fencing should be installed in accordance with MCC 12- 4-10. 10. Comply with the conditions and comments of all City Departments, and other agencies. II. The applicant shall coordinate the location and design of trash dumpster(s) with Sanitary Services Company (SSe) staff. Trash enclosures must be built in the location and to the size approved by SSC. All dumpster(s) must be screened in accordance with MCC 11-12-I.C. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. 17. 18. 19. 20. 12. No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without first obtaining a Certificate of Zoning Compliance (CZC) ITom the Meridian Planning and Zoning Department (MCC 11-19-1). 13. 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 I 10% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 14. If construction has not begun within 18 months of City Council approval, a new conditional use permit must be obtained prior to the start of development. 15. Outside lighting shall be designed and placed in such a manner as to eliminate glare and illumination of the adjoining roadways and properties, in accordance with City Ordinance Section 11-13-4.C. 16. A drainage plan designed by a State of Idaho 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. All signage shall be in accordance with the standards set forth in Section I 1-14 of the City Zoning and Development Ordinance. All construction shall conform to the requirements of the Americans with Disabilities Act. Applicant's (or successor's) failure to comply with any of the terms of approval of the conditional use permit shall be cause for revocation of the conditional use permit. Construct a six foot tall fence along the north property line. MERIDIAN FIRE DEPARTMENT I. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 2. 3. a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle. The Fire hydrant shall not face a street which does not have addresses on it. Fire hydrant markers shall be provided per Public Works spec. 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'. b. c. d. e. f. 2. All entrance and internal roads shall have a turning radius of28' inside and 48' outside. 3. Provide a 20-foot wide Fire Lane for all internal and external roadways. 4. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 5. With respect to teller lanes, fire lanes shall have a vertical clearance of 13-6". 6. This office/commercial development will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2,397 responses in the year 2003. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2,800 in the year 2005 and 3,800 by the year 2010. 7. Maintain a separation of 5-feet ITom the building to the dumpster enclosure. 8. Provide a knoxbox entry system for the complex. ACHD CONDITIONS OF APPROVAL Site Specific Conditions of Approval I. Construct a 5-foot detached concrete sidewalk abutting the site along Fairview Avenue. The face of sidewalk shall be located a minimum of 53-feet ITom the centerline ofFairview Avenue. If any portion of the sidewalk is located outside of the right-of-way, provide an easement to the District for that sidewalk. Widen the pavement abutting the site on Venture Street to one-half of a 40-foot street section and construct vertical curb, gutter, and a 5-foot concrete sidewalk. Dedicate 2-feet of additional right-of-way abutting the site along Venture Street OR provide an easement to the District for any portion of the sidewalk that is location outside of the right-of-way. 6. 7. 8. 9. 4. Construct two 25-foot wide driveways on Venture Street. These driveways may be constructed as either curb-cut or curb-return type driveways. The first driveway shall be located a minimum of 50-feet ITom the intersection of Venture Street and Fairview A venue (measured near edge to near edge). Construct the second driveway I 75-feet north of the intersection, as proposed. 5. Direct access to Fairview Avenue is prohibited except for a shared full access driveway at the east property line, IF the existing driveway to the adjacent property is incorporated with the new driveway. 6. Comply with all Standard Conditions of Approval. Standard Conditions of Approval I. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street ITontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. 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. 5. 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 ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 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. 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. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance. 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- 800-342-1585) 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 comprornised during any phase of construction. 10. 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 ITom the Ada County Highway District. II. 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. IRRIGATION DISTRICT CONDITIONS I. If all storm drainage is retained on-site there will be no impact on Nampa & Meridian Irrigation District and no further review will be required. 2. 3. 4. 5. If any surface drainage leaves the site, the N ampa & Meridian Irrigation District requires a Land Use Change Application be filed for review prior to final platting. Please contact Donna Moore at 466-7861 for further information. All laterals and waste ways must be protected. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. EXHmIT E Annexation and Zoning Findings Erstad Thornton Architects (File AZ-04-026) The City Council hereby approves the following analysis of required findings by staff: According to Meridian City Code (MCC) 11-15-11, General Standards Applicable to Zoning Amendments, both the Planning & Zoning Commission and Council are required "to review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment. " The following is the list of standards found in 11-15-11 and analysis by staff: A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; In Chapter VII of the Comprehensive Plan, 'commercial' is defined as areas providing a full range of commercial and retail to serve area residents and visitors. Staff finds that the requested zoning designation, CoG, is harmonious with and in accordance with the 2002 Comprehensive Plan and the Future Land Use Map, which designates the land to be "Commercial." Staff also finds the following 2002 Comprehensive Plan text policies to be applicable to this application (staff analysis is in italics below policy): . "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." (Chapter IV, Goal I, Obj. A, #6) This parcel is contiguous to the City because it abuts the Records East Subdivision (Wal-Mart) across Fairview Avenue. Sanitary sewer and water to serve this development is currently available on the south side ofFairview Avenue. . "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Obj. D, #5) Staff has included conditions for landscaping within this report. . "Consider' Accommodating Bicycle and Pedestrian Travel: A Recommended Approach' ITom the National Center for Bicycling and Walking in all land use decisions." (Chapter VI, Goal II, Obj. A, #3) This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. The applicant will be required to construct 5- foot wide sidewalks adjacent to F airview Avenue and Venture Street as conditions of approval. . "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal!, Objective B) Staff believes that the proposed use, bank with drive-through, does contribute to the variety of commercial uses in this area, as envisioned with the Comprehensive Plan. . "Require screening and buffering of commercial and industrial properties and residential use with transitional zoning." (Chapter VII, Goal IV, Obj. A, #6) While transitional zoning is not proposed (e.g. L-O), the applicant does show a 25-foot wide landscape buffer immediately adjacent to Venture Subdivision to the north. The Landscape Ordinance requires a minimum buffer width of 25-feet between single-family residences and commercial uses. As long as the landscape stripslbuffers are constructed in accordance with Meridian City Code (MCC) 12-13, staff believes the intent of this policy is met with the submitted site and landscape plan. . "Where the project is developed adjacent to low or medium density residential uses, a transitional use is encouraged" (Chapter VII, pg. 98) There are two existing residences immediately adjacent to the property's north boundary, which is approximately 315-feet long (east-west). On the north end of the site, a transitional use is not proposed. Rather, a landscape buffer is proposed, as discussed above. Because this site is only 230-feet deep (north-south), fitting a transitional use between the proposed bank and the single-family homes would be difficult. Staff finds that the separation shown meets the intent of a transitional use, as long as appropriate screening and noise and light mitigation measures are taken. The Commission and Council should review the seDaration and comDatibilitv of the DroDosed commercial users) with Venture Subdivision to the north. B. Is the area included in the zoning amendment intended to be rezoned in the future; Concurrent with the annexation and zoning application, the applicant has submitted a conditional use permit for a bank with a drive-through on the subject site (CUP-04-035). Staff does not anticipate that the applicant plans to rezone the subject property in the future if the accompanying CUP application for a bank with a drive-through is approved. F. c. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning -for example, a residential area turning into a commercial area by means of conditional uSe permits; Staff finds that the proposed bank building is a permitted use within the requested C-G zone. However, according to City Code the drive-through use requires conditional use permit approval. The applicant is proposing to utilize approximately two-thirds of the existing parcel for the proposed bank. There is no use proposed use on the remaining 0.62 acres, eastern portion of the parcel. Future conditional use permit approval may be required, depending on the use on this undeveloped portion of the site. See Special Consideration #1 below for further analysis of conditional use permit approval requirements on the undeveloped portion of this site. D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; Surrounding uses include rural residential properties to the north, retail/commercial uses to the east, a cemetery to the south, and a turf farm to the west. There has been recent retail/restaurant/commercial/office development up and down this portion of Fairview Avenue. Additionally, Fairview Avenue is currently improved with 5-lanes. This site is designated 'Commercial' on the Comprehensive Plan Future Land Use Map. Staff finds that the requested zoning designation of CoG is harmonious with the existing and planned adjacent developments. E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; Staff finds that the proposed commercial zone/use will change the existing character of the area, but that the proposed zone and future uses should be harmonious and appropriate in appearance with the existing and intended character of the area. Staff finds that any future uses, if designed, constructed and operated in accordance with adopted city ordinances, should be harmonious and appropriate in appearance with the intended character ofthe vicinity. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; To mitigate the possible noise and visual disturbances of the proposed G. commercial use, the applicant is proposing to construct a 25-foot wide landscape buffer along the entire north property line. Said landscape buffer has dense trees and shrubs. Staff is supportive of the proposed landscape buffer along the north property line. There are two potential disturbanceslhazards that staff can envision if the annexation and zoning and concurrent CUP applications are approved. The first potential disturbance is the potential hours of operation of the bank. If the bank is operating during regular business hours then staff does not believe that the proposed use will be disturbing to the existing residential uses. The second potential disturbance/hazard has to do with vehicular access to and ITom this site. The lack of any proposed access to this site was a concern of the City in denying the annexation request in 2002 (the subject applicant is proposing two access points onto Venture Street and one access point onto Fairview Avenue with CUP-O4-035). During the hearings for the previous annexation request, the neighbors had differing views on access. Some neighbors did not want this site to take access to Venture Street because it would increase their time to get into and out of their development and because there are kids that play in Venture Street. Other neighbors and ACHD did not want access to be granted to Fairview Avenue because adding access points to arterials contributes to the inefficient movement of cars on the roadway. ACHD considers access points in their analysis of projects and has prepared a staff report that prohibits access to Fairview Avenue. In order to have access to Fairview Avenue, the applicant must receive a modification of ACHD policy. The ACHD Board of Commissioners is scheduled to hear this item on October 6, 2004. Staff supports ACHD staff's recommendation, prohibiting direct lot access to Fairview Avenue, and further recommends that the applicant contact Mr. Shuerman to the east to see ifhe would be willing to share his access to Fairview Avenue with the subject property. Staff finds that if cross access between the subject property and the property to the east is constructed as well as the proposed accesses to Venture Street, the proposed use (access) should not be hazardous to neighboring uses. However, staff does find that increasing the traffic volumes on Venture Street will be an inconvenience to the existing residence as Venture Street is the only way to get into and out of the subdivision. The Commission and Council should rely on public testimony to determine whether or not the potential disturbances will substantially affect the existing or future neighboring uses. As noted above, there is approximately 0.62 acres on the eastern side of this site that the applicant is not proposing to develop at this time. In order for staff to ensure that this future use is not hazardous or disturbing to the existing and future neighboring uses, staff is recommending that all future uses be required to obtain CUP approval. See Special Consideration #1 below for further information. Will the area be served adequately by essential public facilities and services I. such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; Sanitary sewer and water to serve this development is currently available on the south side ofFairview Avenue. The applicant shall be responsible for the extension of utilities to and through this proposed development. Sizing and routing shall be coordinated with the Public Works Department. The applicant and/or future property owners will be required to pay park and highway impact fees as well as construct on-site storm water drainage facilities. The ACHD Board of Commissioners is scheduled to hear this development proposal on October 6, 2004. Because vehicular access to this site is currently provided ITom substandard streets (Venture and Fairview), ACHD is requiring the applicant to install improvements such as curb, gutter, sidewalk, and pavement widening on Venture Avenue and sidewalk on Fairview Avenue. Please review the ACHD report for additional information regarding this finding. On September 10, 2004, a joint agency/department comments meeting was held with representatives of key service providers to this property. Based on the joint agency/department meeting and other comments received ITom agencies/departments, staff finds that the public services listed above can be made available to accommodate the proposed development. The Commission and Council should reference any written and/or verbal testimony submitted by any public service provider, regarding their ability to adequately service this project. H. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; If approved, the developer will be fmancing the extension of sewer, water, local street inITastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire and police facilities and services. Staff finds there will not be excessive additional requirements at public cost and that the proposed zoning and subsequent development will not be detrimental to the community's economic welfare. Will the proposed uses not involve uses, activities, 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 and noise will increase with the approval of this development; however, staff does not believe that the amount generated will be L. detrimental to the general welfare of the public. Staff does not anticipate the proposed annexation and subsequent uses will create excessive noise, smoke, fumes, glare, or odors. Staff finds that the proposed commercial zoning/use will not be detrimental to people, property or the general welfare of the area. J. Will the area have vehicular approaches to the property which shaD be so designed as not to create an interference with traffic on surrounding public streets; The applicant is proposing to construct one new driveway to Fairview Avenue and two new driveways to Venture Street. ACHD considers vehicular approaches in their analysis of projects and has prepared a staff report that prohibits access to Fairview Avenue. In order to have access to Fairview Avenue, the applicant must receive a modification of ACHD policy ITom the Board of Commissioners. The ACHD Board of Commissioners is scheduled to hear this item on October 6, 2004. The proposed access points to Venture Street meet ACHD policy for location. Staff finds that the least amount of interference to traffic on the surrounding public streets will occur if cross access between the subject property and the property to the east (Shuerman) is constructed, and the proposed access points to Venture Street are constructed. However, staff does find that increasing the traffic volumes on Venture Street will be an inconvenience to the existing residence as Venture Street is the only way to get into and out of the subdivision. The proposed site plan shows three drive-through windows with each lane able to stack approximately 3 to 4 cars. Staff is supportive of the proposed drive-through lanes as they should not interfere with traffic on Venture Street or Fairview Avenue. The Commission and Council should rely on public testimony, ACHD's Commission action, and staffs analysis when determining whether or not the vehicular approaches and drive-through lanes will create an interference with traffic on surrounding public streets. K Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and Staff is unaware of any natural of scenic features of major importance on this site and finds that no natural or scenic features of major importance will be lost or damaged by approving the annexation and zoning application. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592, 11-17-1992)" Staff finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in substantial compliance with the City's comprehensive plan and development ordinances. The land to the southwest of the subject property was previously annexed into the City and this is a logical expansion of existing zoning and land uses. In accordance with the findings listed above, staff finds that the annexation/zoning of this urouertv would be in the best interest of the City. EXHIBIT F Conditional Use Permit Findings Mountain West Bank (File CUP-04-035) The City Council hereby approves the following analysis of required findings by staff: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish (11- 17-3): A. B. 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; Parking stalls are required at the rate of one space per 200 s.f. of gross floor area for banks (MCC 11-13-5.B). Thirty-four parking spaces are proposed; twenty- three parking spaces are required (minimum). Staff finds that the project should have ample parking. The proposed site plan shows three drive-through windows with each lane able to stack approximately 3 to 4 cars. Staff is supportive of the proposed drive-through lanes as they should not interfere with internal traffic flows or traffic flows on Venture Street. All proposed setbacks and landscaping meet the minimum standards outlined in Titles II and 12, Meridian City Code. Staff finds that the subject property is large enough to accommodate the required yards (setbacks), open spaces, parking, landscaping and other features required by the ordinance. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; The Comprehensive Plan Land Use Map designates the property as "Commercial." MCC 11-8-1, Schedule of Use Control, allows for drive-in establishments through the conditional use process in the requested CoG zone. Staff finds that the requested bank use is in compliance with the Comprehensive Plan Future Land Use Map and that if approved as a CUP the project will be in compliance with MCC. Please see the findings in section "A" of the Annexation and Zoning portion of this report for further analysis. G. H. 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; Please see the findings in section "E" of the Annexation and Zoning portion of this report. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; Please see the findings in sections "F", "I" and "J" of the Annexation and Zoning portion of this report. The Commission and Council should rely upon public testimony 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, street, police, and fIre protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; Please see the findings in section "G" of the Annexation and Zoning portion of this report. F. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Please see the findings in sections "G", "H" and "P' of the Annexation and Zoning portion of this report. 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 general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Please see the findings in sections "I" and "J" of the Annexation and Zoning portion of this report. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; The applicant is proposing to construct one new driveway to Fairview Avenue and two new driveways to Venture Street. ACHD considers vehicular approaches in their analysis of projects and has prepared a staff report that prohibits access to Fairview Avenue. In order to have access to Fairview Avenue, the applicant must receive a modification of ACHD policy ITom the Board of Commissioners. The ACHD Board of Commissioners is scheduled to hear this item on October 6, 2004. The proposed site plan shows three drive-through windows with each lane able to stack approximately 3 to 4 cars. The drive-through lanes are located on the west side of the proposed bank building. Staff is supportive of the proposed drive- through lanes as they should not interfere with internal traffic flow or traffic flows on the abutting roadways. The Commission and Council should rely on public testimony, ACHD Commission action, and staff's analysis when determining whether or not the vehicular approaches create an interference with traffic on surrounding public streets. Please see the Findings in section "J" in the Annexation and Zoning portion of this report for more analysis. 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. Staff is unaware of any natural of scenic features of major importance on this site and finds that no natural or scenic features of major importance will be lost or damaged by approving the annexation and zoning application. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance.