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Westmark Credit Union CUP CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of a Request for Conditional Use Permit Approval for a 3,477 Square-Foot Drive-Through Credit Union in a C-C Zone, by Westmark Credit Union Case No(s): CUP-05-0m For the City Council Hearing Date of: April 5, 2005 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') ofthe external boundaries ofthe 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 matter was duly considered by the City Council at the April 5, 2005, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction ofthe 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 ofthe 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 staffreport. 3. Application and Property Facts a. 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 NO(S). CUP-O5-0m - PAGE I of 4 verified that the property owner(s) of record at the time of issuance of these findings is Westmark Credit Union. 4. Required Findings per Zoning Ordinance a. See Exhibit D for the findings required for this application. B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67- 6503). 2. The Meridian 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. 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 January 6, 2005 as shown in Exhibit B, and the Site Specific and Standard Conditions as shown in Exhibit C. 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: I. The applicant's Site Plan as evidenced by having submitted the Site Plan dated January 6, 2005 is hereby conditionally approved; and, CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-O5-0m - PAGE 2 of 4 2. The Site Specific and Standard Conditions are as shown in Exhibit C. 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 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.) 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 concerning the matter at issue. Arequest 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 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 of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Exhibits Exhibit A: Legal Description Approved Site Plan Exhibit B: Exhibit C: Site Specific and Standard Conditions CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-O5-0m - PAGE 3 of 4 Exhibit D: Conditional Use Permit Findings 5'~ By ~e Cit: ;~~cil at its regular meeting held on the day of COUNCIL MEMBER SHAUN WARDLE VOTED ~ COUNCIL MEMBER CHRISTINE DONNELL VOTED~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED~ VOTED-.þ COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED - and City Attorney. BY:<.-10 ~1)j'\11 AJ-tQOlr\ City Clerk's Office Dated:--.1-14-05 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-O5-0m - PAGE 4 of 4 EXHIBIT A JHN-<ð4-<005 J4: 3? Westmark Credit Union CUP-O5-003 Legal Description EXHJBlT A PARCEL "B" IN SILVERSTONE StiBDIVISlON A pareel of \and boiD ¡' partioø ofLo, 1 of Block o( S,I.o- S.bdlYi.ion.. on file .0 Book iJ o(pl... .. Paaoa 9241 du<>ugb!W<i ..lbeoff",' orlhe AdaCounly Rooorik', Boise, ¡clabo" sho". on R,.ord ofSumy No. 59160. fiIo Ïb 0Di<\ of5tc of 111< Ad. COUQlY Ito<:order.- pareelbci1>¡¡.iIoaœdmlbe__ofIbeNonbw..,_ofs..ôon 21. Town'¡¡ip J N<mb, RaogalEao1, Boise -., Meridian. Ada Co.",>" Idahomtl.....panicuJarJy des'<ibed os followe, Corno1onciag .. '" - pin rnadt!ns duo _... 'ome' of _Lot I, Tbe...t1oo¡¡ de W"'U..ofsaldÙ>tS s...1b 00 d'g".. 14'ScrWestI9750 rectlo '" ¡,.. p;n ~depoinlof~, 1'boac. !e..io¡..ict W..tlinealrishunøk:s S0Uth8911egre.. 45'IO"E.., I n.l n"t to an iron pin; Then.. S...th" ~ 47'16" Eaa 119.07 fee' to .. iron pin.... .....; Thente aIoo& 1ho arc of a """'" 10 !be left ","vinS . Md"" of200.00 f'oeI; . ...tra1an!la of ) 8 cIogrœs46'20"..l<iøgtbofóS.531i,,"arnll"" <hord IbaI lieu. SontJo 16d'8"" 17'01" W.., 65.24 fee"o .. iron púo marldD¡¡ I poÌ1lt of......a ""'0"'" Thea.. ""8"'" arc or......... die liJlh,bavilllO "dias of 60-00 (oaI,a.en.o'an¡¡l.of 8' 4ep1' 21'00", II...'" of11.2S feet and. Lou. chord tlwbal" Swth48 degree. 34'20" W", 79.19 f......n in>npúo-kiag. powof_...y: Thente Nonb 89 "-4S'10" W...I49.80 foot...n iron pin on ooid W...Iin<ofLo, &; Thea.. llonl laid w..t Iio. Nonb 00 deg<eo. 14'Scr E.., 61,98 feeH".. Iron pin: 'I'IIeat.comiIItJiag North():! depoes40'41" Eul117,89 rootlo... ¡"'pin¡ Th.~..OI1Iirn>ioø NIlI1hOO deg-.l4'SO""'" 19.12 foot "1hopojn ofbeginn\nJ . ~ p,o, TOT" EXHIBIT B k Credit Union Westmar 3 CUP-O5-00 Approved Site Plan ",',- .......""" ----" ""UAIIŒ~'ùÑroN ~....., 5. 6. EXHIBIT C Westmark Credit Union CUP-O5-003 Site Specific and Standard Conditions SITE SPECIFIC CONDITIONS OF APPROVAL (CUP) 1. All conditions of the previously approved Silverstone Corporate Center, AZ-OI- 001, CUP-OI-002, PP-OI-001, and FP-OI-019 shall also be considered conditions of the Conditional Use Permit (CUP-05-0m) application. 2. To facilitate correct traffic flow movements, directional signs shall be installed in the landscape planters as shown on the site plan. A sign reading "Exit Only," "Wrong Way," or a similar cautionary statement should be installed at the western driveway. Other than the directional signs listed above, no signs are approved with this application. All wall and ITee-standing signs require a separate permit. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. 3. Provide the building address numbers on the top of the pylon facing Eagle Road, Please contact Joe Silva (888-1234) for further information regarding this condition and the size of the numbering/lettering. 4. The landscape plan prepared by Harvest Designs, P.C., labeled LS-l, and dated 1- 7-05, is approved with the following changes/notes: . In accordance with MCC 12-13-7-3, all woody shrubs must be ITom a minimum 2 gallon pot (1 gallon shown within the planting schedule for some shrubs); Construct a 5-foot wide north-south concrete walk through the landscape planter on the north side of the northern parking stalls (approximately between parking stalls 20 & 22); The proposed screen wall (for mechanical condensers, electrical/gas metering, irrigation controls, etc.) on the north side ofthe building shall be no taller than 8-feet; and, 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. . . . The site plan prepared by ZGA Architects, labeled AU, and dated 1-6-05, is approved as submitted with the changes listed in this staff report. The number and size of the off-street parking stalls is approved as shown on the submitted site plan. Comply with the conditions and comments of all City Departments, and other agencies. 7. No additional buildings or other structures 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 fITst obtaining a Certificate of Zoning Compliance (CZC) ITom the Meridian Planning and Zoning Department (MCC 11-19-1). 8. 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% ofthe 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. 9. 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. 10. 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. 11. All construction shall conform to the requirements of the Americans with Disabilities Act. 12. Applicant's (or successor's) failure to comply with any ofthe terms of approval ofthe conditional use permit shall be cause for revocation of the conditional use permit. OTHER AGENCY COMMENTS & CONDITIONS SANITARY SERVICE COMPANY 1. 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. MERIDIAN FiRE DEPARTMENT 1. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 Yz" 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. b. c. 9, 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 when spacing permits, Fire hydrants shall not have any vertical obstructions to outlets within 10'. Fire hydrants shall be place 18" above finish grade. e. f. g. 3. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 4. Operational fire hydrants and temporary or permanent street sigus are required before combustible construction is brought on site. 5. Commercial and office occupancies will require a fire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 6. The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles ITom a given location and sufficient operational funds to staff the facilities. 7. Provide a Knoxbox entry system for the complex prior to occupancy. 8. The Fire Dept. has concerns about the ability to address the project and have the addresses visible fÌ'Om the street which the project is addressed off of. Please contact Joe Silva (888-1234) to address this concern prior to the public hearing. Provide exterior egress lighting as required by the Intemational Building & Fire Codes. 10. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) ITom a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). ADA COUNTY HIGHWAY DISTRICT I. On March 14, 200 I, the Ada County Highway District Commission acted on: . Silverstone Corporate Center! MPP-OI-00l/MCUP-OI-002/MAZ-OI-001. The same Conditions and Requirements also apply to MCUP-OS-003. 2. A traffic impact fee will be assessed by ACHD and will be due prior to the issuance of a building permit. Contact ACHD Planning & Development Services at 387-6170 for information regarding impact fees. NAMPA & MERIDIAN IRRIGATION DISTRICT 1. 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. All laterals and waste ways must be protected. 3. The developer must comply with Idaho Code 31-380S. 4. It is recommended that irrigation water be made available to all development within the Nampa & Meridian Irrigation District. EXHIBIT D Westmark Credit Union CUP-O5-003 Conditional Use Permit Findings 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. 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; The proposed site plan shows three drive-through lanes on the west side of the proposed building. There is a 14-foot wide escape lane west ofthe drive-through lanes. The three drive-through lanes are covered by a 1,211 square-foot canopy. City Council is supportive of the layout for the proposed drive-through lanes and proposed traffic flow pattern for this lot, as stacking vehicles should not interfere with internal traffic flows or traffic flows on the adjacent shared driveways or Eagle Road. To further prevent vehicles ITom entering the drive-through from the wrong direction (north), the applicant is proposing directional signs for the traveling public. See Site Specific Condition #2. Parking stalls are required at the ratio of one space per 200 square-feet of gross floor area for financial institutions (MCC 11-13-5.B). Per this requirement, 17 stalls are required. There are 25 parking stalls provided on this site, 12 standard stalls, 12 compact stalls, and 1 accessible stall. This provision exceeds the City's minimum parking stall ratio. City Council finds that the project should have ample parking, and is supportive ofthe applicant's request to construct 12 compact stalls on the north side of the site. There is an existing 35-foot wide landscape easementlbuffer along Eagle Road. Landscaping within this buffer was constructed with Silverstone Subdivision. The applicant is proposing 4,342 square-feet of additional internal landscaping (12% of the site) All proposed building setbacks and landscaping meet the minimum standards outlined in Titles 11 and 12, Meridian City Code. City Council 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. D. E. 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; The Comprehensive Plan Land Use Map designates the property as "Mixed Use- Regional." This designation is intended to "provide for a combination of compatible land uses that are typically developed under a master or conceptual plan. The purpose of this designation is to identifY key areas which are either infill in nature or situated in highly visible or transitioning areas of the city where innovative and flexible design opportunities are encouraged." This site was part of the larger Silverstone campus plan, which is located in a highly visible and rapidly transitioning part of the city. The proposed use is compatible with the other commercial/office uses approved in this area. MCC 11-8-1, Schedule of Use Control, allows for drive-through establishments through the conditional use process in the C-C zone. City Council finds that the requested credit union with a drive-through is in compliance with the Comprehensive Plan and that if approved as a CUP the project will be in compliance with Meridian City Ordinances. 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; City Council is generally supportive ofthe site plan design. This area is part of a larger mixed-use commercial area, which City Council believes the applicant has designed to accommodate. City Council believes that a drive-through credit union will be compatible with other useslbuildings in the area. There is a significant amount oflandscaping being provided (approximately 12% ofthe gross land area), and the proposed use is consistent with the previously approved uses within Silverstone Subdivision. City Council finds that if the applicant complies with the conditions outlined in this report, the general desigu, construction, operation, and maintenance should be compatible with other uses in the general neighborhood and with the existing and intended character of the area. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; City Council finds that if the applicant complies with the conditions outlined in this report, the proposed drive-through use will not adversely affect other property in the area. That the proposed use will be served adequately by essential public facilities H. 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; Sanitary sewer and water are currently provided to the subject site. The Ada County Highway District Board of Commissioners previously acted on the Silverstone Subdivision applications. The conditions, requirements and restrictions for Silverstone Subdivision also apply to CUP-OS-OO3. On February 11, 200S, 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 other agencies/departments, City Council finds that the public services listed above can be made available to accommodate the proposed use. 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; If approved, the applicant will be financing any improvements required for development. City Council 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. 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 general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; City Council recognizes that traffic and noise will increase with the approval of a drive-through in this location; however, City Council does not believe that the amount generated will be detrimental to the general welfare of the public, City Council does not anticipate the proposed use will create excessive noise, smoke, fumes, glare, or odors. City Council finds that the proposed drive-through use will not be detrimental to people, property or the general welfare of the area. 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 utilize two driveways off of the existing "spine" driveway that connects Eagle and Overland Roads. The only entrance into the site is shared with the property to the north, and is located at the northern property line. The second driveway off of the spine driveway is restricted to vehicles I. exiting the site. This driveway is located approximately 65-feet east of Eagle Road. ACHD considers vehicular approaches in their analysis of projects and has previously approved the spine driveway access points to the public roadway system (Eagle Road & Overland Road). Because the vehicular access points into this site are ITom a private driveway, the ACHD has not provided detailed analysis of their location. City Council does not believe that the proposed vehicular approaches will interfere with the traffic on the spine driveway or the public streets. 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. City Council 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.