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HomeMy WebLinkAboutFarmers & Merchants State Bank CUP-05-040 l{~~ c E ~C'\v/I~r " ", ,. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LA WAND DECISION & ORDER CiTY OF MER/OlAf,: '~!TY r'f 1::'D~r ,...t::r~U"'\.r ,," ... ., ._:;' 7' ...J'~ i,i :'\< ~"~/{ 6J7i;!¡(:[11 " :."',\' ,,; '" , " '-'c:.~.":~c...:~,,,,'::..:c~;:... In the Matter of a Request for a Conditional Use Permit to modify the Conditions of Approval for CUP-O3-050 and allow a public use in the 0- T Zone, by Farmers and Merchants State Bank. Case No(s), CUP-05-040 For the City Council Hearing Date of: September 27, 2005 and November 15, 2005 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of September 27,2005 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of September 27,2005 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of September 27,2005 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of September 27, 2005 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § II-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-O5-040 - PAGE 1 of 4 4. Due consideration has been given to the comment(s) received from 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 Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Site Plan, and the Conditions of Approval all in the attached Staff Report for the hearing date of September 27,2005 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's CUP Site Plan as evidenced by having submitted the Site Plan dated March 21, 2005 is hereby conditionally approved; and, 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of September 27, 2005 incorporated by reference. D. Notice of Applicable Time Limits 1. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditions use permits that also require platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.G.l, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-O5-040 - PAGE 2 of4 time extensions up to eighteen (18) months as determined and approved by the Commission may be granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. E. Notice of Final Action and Right to Regulatory Takings Analysis I. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review 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. Attached: Staff Report for the hearing date of September 27, 2005 y action of the City Council at its regular meeting held on the 1. ,2005. 6-f1... day of COUNCIL MEMBER SHAUN WARDLE VOTED~ VOTED~ COUNCIL MEMBER CHRISTINE DONNELL COUNCIL MEMBER CHARLIE ROUNTREE VOTED~ VOTED~ COUNCIL MEMBER KEITH BIRD - MAYOR TAMMY de WEERD (TIE BREAKER) VOTED ~~ø~ May . eerd CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-O5-040 - PAGE 3 of 4 Attest: Attorney. By: S h t1; 1 JY1 S 1'ù:!-Þl City Clerk Dated: /2- Q-o5 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-O5-040 - PAGE 4 of 4 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 STAFF REPORT City Council Hearing Hearing Date: 9/27/2005 .' '.. ,-, ,". .. ,': C{;(;:~ ~;i ill; ~;'..", ",L\;-¡,: ' TO: FROM: SUBJECT: Mayor, City Council Josh Wilson, Associate City Planner . . - -"-,,~ ,,--' .' ... -'.. .. . .. .- --. - -" ... -,,- Fanners and Merchants State Bank CUP Modification . CUP-05-040 Modify the conditions of approval for CUP-03-050 and allow a public use in the Old Town zone 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant has requested to modify the conditions of approval of CUP-03-050 in order to allow the existing building at 703 N. Main Street remain and also to allow a public use in the Old Town zone. The existing building that is proposed to remain would be leased to the City of Meridian for office space. 2. SUMMARY RECOMMENDATION: The Meridian Planning and Zoning Commission heard the item on September 1,2005. At the public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor: None. ii. In opposition: None. iii. Commenting: Mark Stewart, Washington Federal iv. Staff presenting application: Josh Wilson v. Other staff commenting on application: None. b. Key Issues of Discussion by Commission: i. Fonner drive through access to Main Street ii. Access to Washington Federal parking lot for vehicular circulation c. Key Commission Changes to Staff Recommendation: i. Add Condition 1.5 which states "The applicant shall place a planter or bench at both ends of the fonner drive through lane to prevent direct vehicular access to Main Street" II. Add Condition 1.6 which states "The applicant shall submit to the Meridian Planning Department a recorded cross access agreement with the Washington Federal property to the north, and the existing curb located on the north property line of the subject property, across the drive aisle, shall be removed at Washington Mutual's expense." l~ jjj (:~ }l~r\/~~ -r - ~V ~ .. --1 ¡ Y (j;:: ('oi.fF<lr:n.<,,;}: , '..' -. .~ I r..:: c~ 'r "..., .-:=-, -, c -,)" d. Outstanding Issue(s) for City Council: 1. n-- 11. -- 3. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 703 N. Main Street / Comer of Main St and Broadway Ave 3NIE7 b. Owner: Fanners and Merchants State Bank CUP-O5-040 PAGEl CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 5328 Fairview Ave Boise, Idaho 83703 c. Applicant: Farmers and Merchants State Bank 5328 Fairview Ave Boise, Idaho, 83703 d. Representative: Denise Lauennan, CSHQA e. Present Zoning: aT f. Present Comprehensive Plan Designation: Old Town g. Description of Applicant's Request: 1. Date of CUP site/landscape plan (attached as Exhibit A2): h. Applicant's Statement/Justification (reference submittal material): 03/21/05 From the letter dated June 28, 2004: "Farmers and Merchants State Bank received Conditional Use Pennit approval in January of 2004 (CUP-03.050) to construct a new bank facility in downtown Meridian at the comer of Meridian Road and Broadway Avenue. The applicant proposed to construct a new 16,000 square foot facility on their property which extends from Main Street to Meridian Road along the north side of Broadway A venue. The property contained an existing structure that fonnerly housed the bank facility that was relocated to the new building, and removal of the older building for the construction of a proposed pedestrian plaza was a condition of approval for the CUP. Specifically, the condition reads: "The applicant shall remove the existing Fanners and Merchants State Bank building upon occupancy of the new building facility." It is important to note that construction of the pedestrian plaza was not included as a condition of approval. Farmers and Merchants State Bank is proposing to modify the approved Conditional Use Pennit (CUP-05-030) in order to retain the existing building for use as leased office space. The applicant would also like to modify the CUP to include approval of a "public use," which is a conditional use in the Old Town zone, for use of the building as offices for the City of Meridian. Meridian City Code 11.17-1 OC states: "Upon written application by the holder of a conditional use pennit, and following a hearing and reconunendation by the commission, the council may modify the conditions, limitations and/or scope of the pennit, in accordance with the limitations and requirements of section 11-17-3 of this chapter. The council may delegate to the commission and zoning administrator authority to consider and approve or deny specified minor modifications, provided such modification was not the subject of appeal during the original public hearing and will not adversely impact adjacent properties." The requested modifications to the CUP are beyond the scope of modifications which can be approved at a Staff or Commission level, thereby requiring a new Conditional Use Pennit." 4. PROCESS FACTS a. The subject application will in fact constitute a conditional use as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 17, a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: September 12,2005 and September 26,2005 CUP-O5-040 PAGE 2 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 c. Radius notices mailed to properties within 300 feet on: September 5, 2005 d. Applicant posted notice on site by: September 15,2005 5. LAND USE a. Existing Land Use(s): Vacant commercial building b. Description of Character of Surrounding Area: Mix of commercial and office uses c. Adjacent Land Use and Zoning 1. North: Washington Mutual Bank and Meridian City Hall, zoned O-T. 2. East: Main Street and various businesses, zoned O. T. 3. South: Broadway Avenue and vacant land proposed for development, zoned 0- T. 4. West: Farmers and Merchants new bank facility, zoned O-T. d. History of Previous Actions: CUP-03-050, V AR-03-021 e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Already serviced Location of water: Already serviced Issues or concerns: None. 2. Vegetation: Existing streetscape installed as part of original CUP approval 3. Flood plain: NA 4. Canals/Ditches Irrigation: NA 5. Hazards: NA 6. Proposed Zoning: 0- T 7. Size of Property: 1.03 acres 8. Description of Use: Public offices f. Conditional Use Information I. Non-residential square footage: 3,981 square feet of existing structure 2. Proposed building height: 15 feet (existing structure) 3. Number of Residential units: NA g. Off-Street Parking (non-residential uses) I. Parking spaces required: 83 for entire site (including new bank facility) 2. Parking spaces proposed: The property was granted a parking variance for 46 on site parking spaces and 13 off site parking spaces on Broadway Avenue (for a total of 59 spaces). 3. Compact spaces proposed: No compact spaces are proposed. 4. Off.site parking proposed: Yes- 13 spaces existing on Broadway Avenue h. Proposed and Required Non-Residential Setbacks: CUP-O5.040 PAGE 3 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT, QUESTIONS? CALL (208) 884-5533 Existing Required Front 15 20 Street side 0 20 Side 15 5 per story Rear 40 20 Frontage 60 50 Lot Size 1.03 acres 7,000 sq. ft. i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The access to the building will be through the existing curb cut on Broadway Avenue and parking lot to the west. 7. COMPREHENSIVE PLAN POLICIES AND GOALS The Comprehensive Plan Future Land Use Map designates the property as "Old Town" and it is currently zoned 0- T. Old Town "includes the historic downtown and the true community center. Uses would include offices, retail and lodging, theaters, restaurants and service retail for surrounding residents and visitors." (see Comprehensive Plan, p. 99). Staff finds that the following Comprehensive Plan policies apply to the subject application: . Develop incentives to retain the existing institutional, commercial, and government anchors to remain in Old Town. (Chapter IV, Goal II, Obj. D, Action 8) Support compatible uses which will attract a high daytime and nighttime population to the downtown area. (Chapter V, Goal II, Obj. A, Goal 3) . 8. ZONING ORDINANCE a. Zoning Schedule of Use Control: Meridian City Code 11-2-1 lists offices and public uses as conditional uses in the Old Town zoning district. b, Purpose Statement of Zone: The purpose of the OT district is to accommodate and encourage further expansion of the historical core of the community; to delineate a centralized activity center and to encourage its renewal, revitalization and growth as the public, quasi-public, cultural, financial and recreational center of the city. A variety of these uses integrated with general business, medium-high to high density residential, and other related uses is encouraged in an effort to provide the appropriate mix of activities necessary to establish a truly urban city center. The district shall be served by the municipal water and sewer systems of the city. Development in this district must give attention to the handling of high volumes of traffic, adequate parking, and pedestrian movement, and to provide strip commercial development, and must be approved as a conditional use, unless otherwise permitted. c. General Standards: According to MCC 11-17-1, the City should impose any condition(s) deemed necessary to insure compatibility of the development (CUP) with other uses in the vicinity and such additional safeguards as are necessary to uphold the intent of the ordinance. Please see Conditions of Approval in Exhibit B. 9. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation CONDITIONAL USE PERMIT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed public use and allowing the CUP-05-040 PAGE 4 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 existing building to remain will promote the best interests of the City of Meridian. Please see Exhibit D for detailed analysis of facts and findings. 1. Signage: Since Old Town does not have specific signage regulations, any wall signs should be regulated by the L-O standards in the zoning ordinance. The L.O District standard for wall signs is no more than eighteen percent (18%) of wall area (up to a maximum of seventy-five (75) square feet). If the building is a multi-tenant structure, all future signs for tenants will require conditional use approval, unless the sign type, size, and location are approved with this application. Therefore, staff strongly recommends that the applicant verify that all desired signage is reviewed with this application. 2. Vehicular Access: The applicant has not proposed any changes to existing vehicular accesses to the site and the former drive through access from Main Street is proposed to remain. As part of the construction of the new bank building and renovation of the site, an extruded concrete curb was placed on the north property line, prohibiting vehicles from the Washington Mutual Bank parking lot from exiting through the Fanners and Merchants curb cut on Broadway A venue. 10. PROPOSED MOTION Approve J move approve File Number CUP-05-040 as presented in the staff report for the hearing dated September 27,2005, and the site/landscape plan dated March 21, 2005 with the following modifications to the conditions of approval: (add any proposed modifications). Deny I move deny File Number CUP-05-040 as presented in the staff report for the hearing dated September 27, 2005, and the site/landscape plan dated March 21, 2005 for the following reasons: (you must state specific reasons for denial. They should address how the applicant might re-do the application to gain your recommendation for approval). 11. EXHIBITS A. Drawings I. CUP Site/Landscape Plan (dated: 3/21/05) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District C. Legal Description D. Required Findings from Zoning Ordinance CUP-05-040 PAGE 5 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 A. Drawings 1. CUP Site/Landscape Plan (dated: 3/21/05) C-'----'""-,.- "-""""'" . '" "'" """"', " , -, ,,- , ','.'" ,., ',1",1'1'-11',1:'" ....-," '."" '~~."~S.",~.-;,;;,_: ".'._-..---._.. ---.;:_-'..:_.:--"~-,;;--J '-"""""""",::",;;;';-"-"-- I. :if¡' , .> - ,~ J o::'-¡ / \, 1,1 c i J .1';,-. .' . .~, . 'I, :, I~I ' ";'-" i :- .. ..,-~ ~ '-l~-- v~C¡Y}'~..:.-\ ; .', ", '.._'-" <'1".:, '--!l" [~'I~:jl".~ J ¡.--t-:V I ii;; ¡":-~" ,! I!~; ~; : , 1 I!¡' 11:;:1~';~ ç::'u~- _I[¡':¡-¡I I ,- I Ii ... ... ,~3f~~t~~ ¡ ( .-) "'. --.' A-I CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 B. Conditions of Approval 1, PLANNING DEPARTMENT All signage shall per the L-O (Limited Office) zone and in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to review and shall require separate permits. No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building, structure or land be established or changed in use without a Certificate of Zoning Compliance (CZC) issued by the Planning Department. The request to allow the existing building at 703 N. Main Street to remain is hereby approved. The request to allow a public use in the Old Town zone, for leased office space to the City of Meridian, is hereby approved. The applicant shall place a planter or bench at both ends of the fonner drive through lane to prevent direct vehicular access to Main Street. 2. PUBLIC WORKS DEPARTMENT 1.1 1.2 1.3 1.4 1.5 No comments received. 3. FIRE DEPARTMENT No comments received. 4. POLICE DEPARTMENT No comments received. 5. PARKS DEPARTMENT No comments received. 6. SANITARY SERVICE COMPANY No comments received. 7. ADA COUNTY HIGHWAY DISTRICT Applicant shall comply with Conditions of Approval for CUP-03-050. B - ] CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 C. Legal Description i -.. ,--- " c- -- - '--, '-", -,e-.: " " , ,--,/" .. ---- --- ----- -- --- -..-.. -- -- _.._----'-..-.._'--_.._-..,---..-.._-----,---"~_..,-,- --- ----- -- --- ..-- -- - --.. -,,- ---'-- ---"-"---'-------,-.. - ------------..---..-....--,-.....,---- tOTS 1 ï;-II\OUGf-l 5 IN BLOCK 2 OF THE AMENDED PtA 7 OF- TIlE ORIGINAL TOWNSITE OF MERIDIAN, AS SHOWN ON THE OFFICIAL PLA T Tf-fEREOF FILED IN nOOK 1 OF PLA TS A T PAGE 30, RECORDS OF ADA COUN I )/, IOAF-IO. /1,ND n-It~ SOl) TI-f 1 /2 OF- LO TS 12 THROUGl1 16 AND ALL .. -' - or L 0 rs 7 THPOUGH 77 INCLUSIVE, IN BLOCK 2 OF 7}-IE AMCNDeD PLA T OF Tf"iE ORIGINAL TOWNSI TE OF MCH//JIAN, f?ECOF~D[D IN BOOK 7 A T PAGE 30 l"\![CORD5' OF ADA CO UN TY, IDAHO. C - 1 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 D. Required Findings from Zoning Ordinance 1. CUP 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 pennit if they shall find evidence presented at the hearing(s) is adequate to establish (11-17-3): F, D - 1 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; City Council finds that the subject property is large enough to accommodate the requested use and all other required features. 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; This property is designated as Old Town on the Comprehensive Plan Future Land Use Map. If the applicant complies with the Conditions of Approval in Exhibit B, City Council finds that the proposal will be hannonious with the Meridian Comprehensive Plan and in accordance with the requirements of Meridian City Code. c. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; The existing character of the area will, and is, currently changing. However, City Council finds that the applicant is not proposing to alter the structure or character of the property and the use proposed is congruent with surrounding uses and uses that have occurred on the property in the past. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; If all Conditions of Approval contained in Exhibit B are complied with, City Council does not believe that the proposed use will adversely affect other properties 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; The ACHD has submitted a "comply with" letter for this development. ACHD has required that the applicant shall comply with the conditions of approval for the previously approved Conditional Use Pennit (CUP-O3-050). 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; CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 City Council finds there will not be excessive additional requirements at public cost and the use of this property as proposed 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 general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; City Council finds that this use will not involve activities, processes, materials, equipment, or operations that will be detrimental to any persons, property, or the general welfare of any persons or property in the area. The proposed use should not produce excessive 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 an interference with traffic on surrounding public streets; The applicant has not proposed any changes to existing vehicular approaches and City Council finds that the proposed use will not create an interference with traffic on surrounding public streets. 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. City Council is unaware of any natural or 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 subject application. D -2