HomeMy WebLinkAboutMountain West Bank CUP-00-049BEFORE THE MERIDIAN CITY COUNCIL
C/C 02-20-01
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR BANK
BRANCH WITH DRIVE-THRU
TELLER IN L-O ZONE AND
LOCATED AT THE
NORTHWEST CORNER OF
MAGIC VIEW DRIVE AND
ALLEN STREET, MERIDIAN,
IDAHO
MOUNTAIN WEST BANK
APPLICANT.
Case No. CUP-00-049
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL USE
PERMIT
The above entitled conditional use permit application having come before
the City Council on February 20, 2001, at the hour of 6:30 p.m., at Meridian City Hall,
33 East Idaho Street, Meridian, Idaho, and Shari Stiles, Planning and Zoning
Administrator, appeared and testified, and appearing and testifying on behalf of the
Applicam were Mike McYdnnis of Mountain West, Holly Lloyd, Marry Seger, Jonathan
Seel, and Jim Boyd, and no one appeared in opposition, and the City Council having duly
considered the evidence and the record in this matter and the Recommendations to City
Council issued by the Planning and Zoning Commission who conducted a public hearing
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY MOUNTAIN WEST BANK FOR MAGIC VIEW OFFICE COMPLEX
DRIVE-THRU L-O / (CUP-O0-049)
- 1
and the Council having heard and tal<en oral and written testimony, and having duly
considered the matter, the City Council hereby makes the following Findings of Fact,
Conclusions of Law and Decision and Order to-wit:
FINDINGS OF FACT
1. A notice of a public hearing on the conditional use permit was published for
two (2) consecutive weeks prior to the said public hearing scheduled for February 20,
2001, before the City Council, the first publication appearing and written notice having
been mailed to property owners or purchasers of record within three hundred feet (300~)
of the external boundaries of the property under consideration more than fifteen (15) days
prior to said hearing and with the notice of public hearing having been posted upon the
property under consideration more than one week before said hearing and the copies of
all notices were made available to newspaper, radio and television stations as public service
announcements; and the matter having been duly considered by the City Council at the
February 20, 2001, public hearing; and the applicant, affected property owners, and
government subdivisions providing services within the planning jurisdiction of the City of
Meridian, having been given full opportunity to express comments and submit evidence.
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY MOUNTAIN WEST BANK FOR MAGIC VIEW OFFICE COMPLEX
DRIVE-THRU L-O / (CUP-00-049) - 2
3. This proposed development request is in an L-O zone, by reason of the
provisions of the Meridian City Code § 11-17-4, a public hearing was required before the
City Council on this application.
4. The property is located at the northwest coruer of Magic View Drive
and Allen Street, Meridian, Idaho.
5. The owner of record of the subject property is lames Boyd of Boise, Idaho.
6. Applicant is Mountain West Banl< of Coeur d'Alene.
7. The subject property is currently zoned L-O Limited Office. The zoning
District of L-O is defined within the City of Meridian Zoning and Development
Ordinance, Section 11-7-2.
8. The proposed application requests a conditional use permit for a bank with
a drive-thru window. The L-O zoning designation within the City of Meridian Zoning and
Development Ordinance requires a conditional use permit be obtained for most uses
including those requested by the Applicant. (Meridian City Zoning and Development
Ordinance, Section 11-8-1 ).
9. The Meridian City Council recognizes that the proposed application is in
compliance with the Meridian Comprehensive Plan.
I 0. The use proposed within the subject application will in fact, constitute a
conditional use as determined by City Ordinance.
11. The Meridian City Council takes judicial notice of its Zoning,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY MOUNTAIN WEST BANK FOR MAGIC VIEW OFFICE COMPLEX
DRIVE-THRU L-O / (CUP-00-049)
Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City
Code and all current zoning maps thereof and the Comprehensive Plan of the City of
Meridian, and Maps and the Ordinance establishing the Impact Area Boundary.
12. Giving due consideration to the comment received from the governmental
subdivisions providing services in the City of Meridian plam~ing jurisdiction public
facilities and services required by the proposed development will not impose expense
upon the public if the following conditions of development are imposed and the
following is also found to be required to mitigate the effects of the proposed use and
development upon services delivered by political subdivisions providing services to the
subject real property within the planning jurisdiction of the City of Meridian:
Adopt the Recommendations of the Planning and Zoning and Engineering
departments as follows:
12.1
Sanitary sewer and water service to this site shall be provided via mains
and services that were installed as part of the recently completed St.
Ltfl<e's road extension project and subject to latecomers fees.
12.2
In accordance with City Ordinance 11-13-4.B.2., underground year-round
pressurized irrigation shall be provided to all landscape areas on site.
Submit hook-up and design details based on the proposed landscaping.
Applicant shall be required to utilize any existing surface or well water for
the primary source. If City water is proposed as a secondary source,
developer shall be responsible to pay water assessments for the
landscaped areas.
12.3
Ordinance 11-4-9.B., "Modification or Amendment of Applications Or
Uses," allows approved applications, including CUP's, to be amended,
altered or modified through the same procedures as an initial application.
The conditions of the existing CUP do not restrict future modifications.
As an application modification, the Applicant shall provide to the P&Z
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY MOUNTAIN WEST BANK FOR MAGIC VIEW OFFICE COMPLEX
DRIVE-THRU L-O / (CUP-00-049)
-4
Commission and Council a list of all existing conditions (as outlined in
Item #2, pages 10-13, of the CUP Decision and Order signed by the City
on 3-7-00) and state which conditions he wishes to modify or delete vis-g-
vis the subject application. An 8 1/2 x 11" copy of the existing/approved
Site Plan for Lot 3 should be attached to this list of proposed
modifications. The Applicant shall also provide a conceptual Site Plan of
how the proposed bank plan/layout will interface with the existing plan
for the entire lot.
12.4
The Site Plan shows six (6) new trees within a 5-foot planter strip along
the eastern property boundary. It appears these trees may be in a Nampa
Meridian Irrigation District easement. Trees are not permitted within
NMID's easements. Applicant shall verify NMID's easements and, if the
trees need to be relocated, provide a revised landscape plan.
12.6
An internal parldng lot planter shall be added to the parldng row of 18
stalls along the eastern property line to break-up this continuous row of
parldng spaces.
12.7
The Site Plan shows the preliminary location of sewer and water service
lines adjacent to the eastern side of the building, passing under the
landscape planter at the SE corner of the building. These lines shall be
moved east of the planter to accommodate the tree in this planter.
12.8
The Site Plan shows entry drive aisle widths of 24 feet off the main
driveway and on the north, east and south sides of the building. City
Ordinance 11-13-4.F. requires a minimum of 25 feet. Revise these widths
accordingly on the Site Plan at the time of building permits submission.
12.9
The Applicant is proposing one (1), 8-foot tall, 90 s.f. free-standing sign
at the SE comer of the site, just north of the entry drive. The location and
height of the sign is approved but the actual sign background area shall be
limited to 50 s.f., excluding any part of the sign structure or support.
Applicant shall darify if the sign is intended to be a multi-panel sign for
future users of Lot 3 or if it's intended to sign only the bank. As a single-
tenant sign, the above conditions would apply. However, if the sign is
intended to provide signage for future users on the west and south ends
of the lot, a larger sign background area - up to 80 s.f could be supported
by staff. The property owner shall consider that any future uses in the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY MOUNTAIN WEST BANK FOR MAGIC VIEW OFFICE COMPLEX
DRWE-THRU L-O / (CUP-00-049)
-5
12.10
12.11
12.12
12.13
12.14
12.15
NW area of the lot shall have no direct street frontage and may benefit
from signage at this location.
Of concern is the lack of pedestrian access to the bank offAllen Street
and the main driveway coursing the southern boundary of this site. No
sidewalks are shown to access the site from either Allen Street or the new
proposed driveway. Given the existing office buildings in Midvalley
Business Park south of Magic View Drive, the approved office building on
Lot 3 south of the bard< and the proposed AmeriTel Inn east of the site,
there is an increasing opportunity for pedestrian traffic in this
subdivision. In coordination with Magic View Partners LLC, The
Applicant shall add sidewalks to the plan to access the bank entry in
accordance with Magic View Partner's design of the southern half of Lot
3. Sidewalk connection shall be made to the Allen Street extension
currently under construction.
Off-street parldng shall be provided in accordance with Section 11-13 of
the City of Meridian Zoning and Development Ordinance and/or as
detailed in site-specific requirements.
Paving and striping shall be in accordance with the standards set forth in
Sections 11-13-4.D. and 11-13-4.E. of the City of Meridian Zoning and
Development Ordinance and in accordance with Americans with
Disabilities Act (ADA) requirements.
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-I-91) for all off-street parldng areas. All site drainage shall
be contained and disposed of on-site.
Outside lighting shall be designed and placed so as to not direct
illmnination on any nearby residential areas and in accordance with City
Ordinance Section 11-13-4.C.
Any existing domestic wells and/or septic systems within this project shall
be removed from their domestic service per City Ordinance Section 9-1-4
and 9-4-8. Wells may be used for non-domestic purposes such as
landscape irrigation.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY MOUNTAIN WEST BANK FOR MAGIC VIEW OFFICE COMPLEX
DRIVE-THRU L-O / (CUP-00-049)
-6
12.16
12.17
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 shall be approved by the
appropriate irrigation/drainage district, or lateral users association, with
written confirmation of said approval submitted to the Public Works
Department.
Provide a minimum of one (1) two-inch (2") caliper tree per 1,500 sq. ft.
of asphalt area on the site in accordance with City Ordinance Section 11-
13-4.B.3.c.
12.18
12.19
All trash and/or garbage collection areas shall be enclosed on at least three
(3) sides in accordance with City Ordinance Section 11-12-1.C.
Coordinate trash enclosure locations and construction requirements with
Sanitary Service Company (SSC) and provide a letter of approval from
SSC to the Planning & Zoning Department prior to applying for building
penuits.
Provide five-foot-wide sidewalks in accordance with City Ordinance
Section 12-5-2.K.
12.20 All construction shall conform to the requirements of the Americans with
Disabilities Act.
Adopt the Recommendations of the Ada County Highway District as follows:
12.21
Applicant shall construct a 25-foot wide shared driveway south of the
site, at the south property line as proposed. The driveway shall be paved
to its full width and at least 30-feet into the site beyond the edge of
pavement of Alien Street with 15-foot curb radii.
12.22
Prior to issuance of a building permit, the developer shall be required to
pay the standard impact fee, and the overlay fee of approximately
$60,250 based on 1,395 vehicle trips per day.
I2.23 Utility street cuts in pavement less than five years old are not allowed
unless approved in writing by the District.
12.24 Other than the approved driveway, direct lot or parcel access to St. Lukes
Street/Allen Street is prohibited.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY MOUNTAIN WEST BANK FOR MAGIC VIEW OFFICE COMPLEX
DRIVE-THRU L-O / (CUP-00-049)
-7
Adopt the Recommendations of the Central District Health Department as
follows:
12.24 The Applicant's building shall be served with central sewage and central
water.
12.25 Stormwater shall be pretreated through a grassy swale prior tO discharge
to the subsurface to prevent impact to groundwater and surface water
quality.
12.26 The Engineers and architects involved with the design of the subject
project shall obtain current best management practices for stormwater
disposal and design a stormwater management system that prevents
groundwater and surface water degradation.
13. The proposed uses within the subject application will be harmonious
with and in accordance with the Meridian Comprehensive Plan and the City of
Meridian Zoning and Development Ordinance because:
13. I The subject property is designated on the "Generalized Land Use Map" as
"Mixed/Planned Use Development".
14. The uses proposed within the subject application subject to the
conditions herein ordered will be designed, constructed, operated and maintained to be
harmonious and appropriate in appearance or intended character of the general vicinity
and that such uses will not change the intended essential character of the same area.
15. The uses proposed within the subject application will not be hazardous
or disturbing to existing or future neighboring uses.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY MOUNTAIN WEST BANK FOR MAGIC VIEW OFFICE COMPLEX
DRIVE-THRU L-O / (CUP-O0-049)
-8
16. The uses proposed within the subject application will be served
adequately by central public fadlities and services such as highways, streets, police and
fire protection, drainage structures, refuse disposal, water, and sewer.
17. The uses proposed within the subject application will 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.
18. The development will not result in the destruction, loss or damage of
natural or scenic feature of major importance relating to the property.
CONCLUSIONS OF LAW
1. The City of Meridian shall exercise the powers conferred upon it by the
"Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the
"Act" codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council may exercise all the powers required and
authorized under the "Act" except the power to adopt ordinances by the establishment
of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section
67-6504 which the City Council of the City of Meridian has established by the passage
of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII,
Chapter I, Meridian City Code.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY MOUNTAIN WEST BANK FOR MAGIC VIEW OFFICE COMPLEX
DRIVE-THRU L-O / (CUP-00-049)
-9
3. As part of a zoning ordinance the City Council can, subject to hearing
and notice provision required, provide for the process of special and/or conditional use
pen'nits which a proposed use is otherwise prohibited by the terms of the ordinance but
allowed with conditions under the specific provisions of the ordinance which the City
of Meridian has done in the adoption of its zoning ordinances.
4. The City Council has the duty and responsibility to review the facts and
circumstances of each application for special use permit to determine prior to granting
the same that the evidential showing supports the finding that the following standards
are met and that the proposed development: (Meridian City Code § 11-17-3)
a. Will, in fact, constitute a conditional use as determined by City policy;
b. Will be harmonious with and in accordance with the Comprehensive
Plan and this Ordinance;
c. Will 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;
Will not be hazardous or disturbing to existing or future neighboring
uses;
e. Will be served adequately by essential public facilities and services such
as highways, streets, 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;
f. 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;
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY MOUNTAIN WEST BANK FOR MAGIC VIEW OFFICE COMPLEX
DRIVE-THRU L-O/(CUP-00-049)
- 10
g. Will 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;
h. Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance.
5. Prior to granting a conditional use permit in an Limited Office District
(L-O), a public hearing shall be conducted with notice to be published and provided to
property owners or purchasers of record within three hundred feet (300') of the
external botmdaries of the land under consideration for the conditional use permit all
in accordance with the provisions of Meridian City Code § 11-17-5 City of Meridian
Zoning and Development Ordinance, which provides as follows:
"Prior to approving a Conditional Use Permit, the applicant and the
Commission and Council shall follow notice and hearing procedures provided in
Chapter 15 of this Title. Provided, however, that conditional use applications
for land in Old Town and in industrial and coum~ercial districts shall only be
required to have one public hearing which shall be held before the Planning and
Zoning Commission; and after the recommendation of the Commission is
made, the application shall go before the City Council without a public hearing
and the Council may approve, deny, or modify the recommendation of the
Commission."
6. Following the public hearing and within 45 days after the conclusion of
the public hearing the Commission shall, transmit its recommendations to the
Meridian City Council with supportive reasons. The Commission shall recommend
that the application be approved, approved with conditions or denied. The
Commission shall ensure that any approval or approval with conditions of an
application shall be in accordm~ce with Meridian Comprehensive Plan, City of
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY MOUNTAIN WEST BANK FOR MAGIC VIEW OFFICE COMPLEX
DRIVE-THRU L-O / (CUP-00-049) - i 1
Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City
Code § 11-17-6)
7. When the City Council approves a conditional use permit it may impose
conditions of that approval that reasonably:
A. Minimize adverse impact on other development;
B. Control the sequence and timing of development;
C. Control the duration of development;
D. Assure that the development is maintained property;
E. Designate the exact location and nature of the development;
F. Require the provision for on-site public facilities or services; and
G. Require more restrictive standards than those generally required, in this
Ordinance.
8. The City of Meridian has, by ordinance, established the Impact Area and
the Comprehensive Plan of the City of Meridian, which was adopted December 21,
1993, Ord. 629, January 4, 1994 and Maps.
DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS
OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER
and this does Order that:
1. That the above named applicant is granted a conditional use permit for
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY MOUNTAIN WEST BANK FOR MAGIC VIEW OFFICE COMPLEX
DRIVE-THRU L-O / (CUP-00-049)
- 12
a bank with a drive-thru window, subject to the following conditions of use and
development:
Adopt the Recommendations of the Planning and Zoning and Engineering
departments as follows:
1.1
Sanitary sewer and water service to this site shall be provided via mains
and services that were installed as part of the recently completed St.
Luke's road extension project and subject to latecomers fees.
1.2
In accordance with City Ordinance 11-13-4.B.2., underground year-round
pressurized irrigation shall be provided to all landscape areas on site.
Submit hook-up and design details based on the proposed landscaping.
Applicant shall be required to utilize any existing surface or well water for
the primary source. If City water is proposed as a secondary source,
developer shall be responsible to pay water assessments for the
landscaped areas.
1.3
Ordinance 11-4-9.B., "Modification or Amendment of Applications Or
Uses," allows approved applications, including CUP's, to be amended,
altered or modified through the same procedures as an initial application.
The conditions of the existing CUP do not restrict future modifications.
As an applicarion modification, the Applicant shall provide to the P&Z
Commission and Council a list of all existing conditions (as outlined in
Item #2, pages 10-13, of the CUP Decision and Order signed by the City
on 3-7-00) and state which condirions he wishes to modify or delete vis-a-
vis the subject application. An 8 1/2 x 11" copy of the existing/approved
Site Plan for Lot 3 should be attached to this list of proposed
modifications. The Applicant shall also provide a conceptual Site Plan of
how the proposed bank plan/layout will interface with the existing plan
for the entire lot.
1.4
The Site Plan shows six (6) new trees within a 5-foot planter strip along
the eastern property boundary. It appears these trees may be in a Nampa
Meridian Irrigation District easement. Trees are not permitted within
NMID's easements. Applicant shall verify NMID's easements and, if the
trees need to be relocated, provide a revised landscape plan.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY MOUNTAIN WEST BANK FOR MAGIC VIEW OFFICE COMPLEX
DRIVE-THRU L-O / (CUP-00-049)
- 13
1.6
1.7
1.8
1.9
1.10
An intemal parldng lot planter shall be added to the parking row of 18
stalls along the eastern property line to break-up this continuous row of
parldng spaces.
The Site Plan shows the preliminary location of sewer and water service
lines adjacent to the eastern side of the building, passing under the
landscape planter at the SE corner of the building. These lines shall be
moved east of the planter to accommodate the tree in this planter.
The Site Plan shows entry drive aisle'widths of 24 feet off the inain
driveway and on the north, east and south sides of the building. City
Ordinance 11-13-4.F. requires a minimum of 25 feet. Revise these widths
accordingly on the Site Plan at the time of building permits submission.
The Applicant is proposing one (1), 8-foot tall, 90 s.f. free-standing sign
at the SE comer of the site, just north of the entry drive. The location and
height of the sign is approved but the actual sign background area shall be
limited to 50 s.f., excluding any part of the sign structure or support.
Applicant shall clarify if the sign is intended to be a multi-panel sign for
future users of Lot 3 or if it's intended to sign only the bank. As a single-
tenant sign, the above conditions would apply. However, if the sign is
intended to provide signage for future users on the west and south ends
of the lot, a larger sign background area - up to 80 s.f could be supported
by staff. The property owner shall consider that any future uses in the
NW area of the lot shall have no direct street frontage and may benefit
from signage at this location.
Of concern is the lack of pedestrian access to the bank off Allen Street
and the main driveway coursing the southern boundary of this site. No
sidewalks are shown to access the site from either Allen Street or the new
proposed driveway. Given the existing office buildings in Midvalley
Business Park south of Magic View Drive, the approved office building on
Lot 3 south ofthe bank and the proposed AmeriTel Inn east of the site,
there is an increasing opportunity for pedestrian traffic in this
subdivision. In coordination with Magic View Partners LLC, The
Applicant shall add sidewalks to the plan to access the bank entry in
accordance with Magic View Partner's design of the southern half of Lot
3. Sidewalk connection shall be made to the Allen Street extension
currently under construction.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY MOUNTAIN WEST BANK FOR MAGIC VIEW OFFICE COMPLEX
DRIVE-THRU L-O / (CUP-00-049)
- 14
1.11
1.12
1.13
1.14
Off-street parking shall be provided in accordance with Section 11-13 of
the City of Meridian Zoning and Development Ordinance and/or as
detailed in site-specific requirements.
Paving and striping shall be in accordance with the standards set forth in
Sections 11-13-4.D. and 11-13-4.E. of the City of Meridian Zoning and
Development Ordinance and in accordance with Americans with
Disabilities Act (ADA) requirements.
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 parldng areas. All site drainage shall
be contained and disposed of on-site.
Outside lighting shall be designed and placed so as to not direct
illumination on any nearby residential areas and in accordance with City
Ordinance Section 11-13-4.C.
1.15
1.16
1.17
Any existing domestic wells and/or septic systems within this project shall
be removed from their domestic service per City Ordinance Section 9-1-4
and 9-4-8. Wells may be used for non-domestic purposes such as
landscape irrigation.
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 shall be approved by the
appropriate irrigation/drainage district, or lateral users association, with
written confirmation of said approval submitted to the Public Works
Department.
Provide a minimum of one (1) two-inch (2") caliper tree per 1,500 sq. ft.
of asphalt area on the site in accordance with City Ordinance Section 11-
13-4.B.3.c.
1.18
All trash and/or garbage collection areas shall be enclosed on at least three
(3) sides in accordance with City Ordinance Section 11-12-1.C.
Coordinate trash endosure locations and construction requirements with
Sanitary Service Company (SSC) and provide a letter of approval from
SSC to the Planning & Zoning Department prior to applying for building
permits.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY MOUNTAIN WEST BANK FOR MAGIC VIEW OFFICE COMPLEX
DRIVE-THRU L-O / (CUP-00-049)
- 15
I. 19 Provide five-foot-wide sidewallcs in accordance with City Ordinance
Section 12-5-2.K.
1.20 All construction shall conform to the requirements of the Alnericans with
Disabilities Act.
Adopt the Recommendations of the Ada County Highway District as follows:
1.21
Applicant shall construct a 25-foot wide shared driveway south of the
site, at the south property line as proposed. The driveway shall be paved
to its full width and at least 30-feet into the site beyond the edge of
pavement of Allen Street with 15-foot curb radii.
1.22
Prior to issuance of a building permit, the developer shall be required to
pay the standard impact fee, and the overlay fee of approximately
$60,250 based on 1,395 vehicle trips per day.
1.23 Utility street cuts in pavement less than five years old are not allowed
unless approved in writing by the District.
1.24 Other than the approved driveway, direct lot or parcel access to St. Lukes
Street/Allen Street is prohibited.
Adopt the Recommendations of the Central District Health Deparm~ent as
follows:
1.24 The Applicant's building shall be served with central sewage and central
water.
1.25
Stormwater shall be pretreated through a grassy swale prior to discharge
tothe subsurface to prevent impact to groundwater and surface water
quality.
1.26
The Engineers and architects involved with the design of the subject
project shall obtain current best management practices for stormwater
disposal and design a stormwater management system that prevents
groundwater and surface water degradation.
2. The conditions shall be reviewable by the Coundl pursuant to Meridian
City Code § 11-17-9.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY MOUNTAIN WEST BANK FOR MAGIC VIEW OFFICE COMPLEX
DRIVE-THRU L-O / (CUP-00-049)
- 16
3. The above conditions are concluded to be reasonable and the applicant
shall meet such requirements as a condition of approval of the application for a
conditional use :permit.
4. That the City Attorney draft an Order Granting Conditional Use Permit
in accordance with this Decision, which shall be signed by the Mayor and City Clerk
and then a copy served by the Clerk upon the applicant, the Plamfing and Zoning
Department, the Public Works Department and any affected party requesting notice.
NOTICE OF FINAL ACTION
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 may within twenty-eight (28) days after the
date of this decision and order seek a judicial review as provided by Chapter 52, Title
67, Idaho Code.
By action of the City Council at its regular meeting held on the
day of ,2001.
ROLL CALL:
COUNCILMAN RON ANDERSON
VOTED
COUNCILMAN KEITH BIRD
VOTED
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY MOUNTAIN WEST BANK FOR MAGIC VIEW OFFICE COMPLEX
DRIVE-THRU L-O / (CUP-00-049)
- 17
COUNCILWOMAN TAMMY deWEERD VOTED
COUNCILWOMAN CHERIE McCANDLESS VOTED
MAYOR ROBERT D. CORRIE (TIE BREAICER)
DATED:
VOTED
MOTION:
APPROVED:
DISAPPROVED:
Copy served upon Applicant, Planning and Zoning Department, Public Works
Department and the City Attorney.
By:.
City Clerk
Dated:
msg/Z:\WorkLM~Ivleridian~Vleridian 15360M~Ivlagic View Office Complex CUP049\CUPFindings056
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY MOUNTAIN WEST BANK FOR MAGIC VIEW OFFICE COMPLEX
DRIVE-THRU L-O / (CUP-00-049)
- 18
BEFORE THE MERIDIAN CITY COUNCIL
C/C 02-20-01
IN THE MATTER OF THE APPLICATION OF )
MOUNTAIN WEST BANK FOR A )
CONDITIONAL USE PERMIT FOR A BANK )
WITH A DRIVE-THRU WINDOW ZONED )
L-O AND LOCATED AT THE NORTHWEST )
CORNER OF MAGIC VIEW DRIVE AND )
ALLEN STREET, MERIDIAN, IDAHO )
)
)
CASE NO. CUP-00-049
ORDER OF
CONDITIONAL
APPROVAL OF
CONDITIONAL USE
PERMIT
This matter coming before the City Coundl on the 20th day of February,
2001, under the provisions of Meridian City Code § 11-17-4 for final action on
conditional use permit application and the Council having received and approving the
Recommendation of the Planning and Zoning Commission the Council takes the
following action:
1. That the Applicant of the property is granted a conditional use permit for a
bank with a drive-thru window, the proposed application request of a conditional use
permit for the construction, development, maintenance and use for a bank with a
drive-thru window, as described in the "Preliminary Plan" on file with the City
Clerk's office, for the development of the aforementioned bank with a drive-thru
window and which property description is on file in the City Clerk's office.
2. That the above named applicant is granted a conditional use permit for a bank
with a drive-thru window, located at the northwest corner of Magic View Drive and
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 1 OF 6
BY MOUNTAIN WEST BANK A BANK WITH A DRIVE-THRU / CUP-00-049
Allen Street, Meridian, Idaho, subject to the following conditions of use and
development:
Adopt the Recommendations of the Planning and Zoning and Engineering departments as
follows:
2.1
Sanitary sewer and water service to this site sba11 be provided via mains and
services that were installed as part of the recently completed St. Luke's road
extension project and subject to latecomers fees.
2.2
In accordance with City Ordinance 1 l-13-4.B.2., underground year-round
pressurized irrigation shall be provided to all landscape areas on site. Submit
hook-up and design details based on the proposed landscaping. Applicant shall
be required to utilize any existing surface or well water for the primary source.
If City water is proposed as a secondary source, developer shall be responsible
to pay water assessments for the landscaped areas.
2.3
Ordinance 11-4-9.B., "Modification or Amendment of Applications Or Uses,"
allows approved applications, including CUP's, to be amended, altered or
modified through the same procedures as an initial application. The conditions
of the existing CUP do not restrict future modifications. As an application
modification, the Applicant shall provide to the P&Z Commission and Council
a list of all existing conditions (as outlined in Item #2, pages 10-13, of the
CUP Decision and Order signed by the City on 3-7-00) and state which
conditions he wishes to modify or delete vis-a-vis the subject application. An 8
xA x 11" copy of the existing/approved Site Plan for Lot 3 should be attached
to this list of proposed modifications. The Applicant shall also provide a
conceptual Site Plan of how the proposed bank plan/layout will interface with
the existing plan for the entire lot.
2.4
The Site Plan shows six (6) new trees within a 5-foot planter strip along the
eastern property boundary. It appears these trees may be in a Nampa Meridian
Irrigation District easement. Trees are not permitted within NMID's
easements. Applicant shall verify NMID's easements and, if the trees need to
be relocated, provide a revised landscape plan.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 2 OF 6
BY MOUNTAIN WEST BANK A BANK WITH A DRiVE-THRU / CUP-00-049
2.6
2.7
2.8
2.9
2.10
An internal parking lot planter shall be added to the parking row of 18 stalls
along the eastern property line to break-up this continuous row of parking
spaces.
The Site Plan shows the preliminary location of sewer and water service lines
adjacent to the eastern side of the building, passing under the landscape
planter at the SE corner of the building. These lines shall be moved east of the
planter to accommodate the tree in this planter.
The Site Plan shows entry drive aisle widths of 24 feet off the main driveway
and on the north, east and south sides of the building. City Ordinance 11-13-
4.F. requires a minimum of 25 feet. Revise these widths accordingly on the
Site Plan at the time of building permits submission.
The Applicant is proposing one (1), 8-foot tall, 90 s.f. ~e-standing sign at the
SE comer of the site, just nOrth of the entry drive. The location and height of
the sign is approved but the actual sign background area shall be limited to 50
s.f., excluding any part of the sign structure or support. Applicant shall clarify
if the sign is intended to be a multi-panel sign for future users of Lot 3 or if it's
intended to sign only the bank. As a single-tenant sign, the above conditions
would apply. However, if the sign is intended to provide signage for future
users on the west and south ends of the lot, a larger sign background area - up
to 80 s.f could be supported by staff. The property owner shall consider that
any future uses in the NW area of the lot shall have no direct street frontage
and may benefit from signage at this location.
Of concern is the lack of pedestrian access to the bank off Allen Street and the
main driveway coursing the southern boundary of this site. No sidewalks are
shown to access the site from either Allen Street or the new proposed
driveway. Given the existing office buildings in Midvalley Business Park south
of Magic View Drive, the approved office building on Lot 3 south of the bank
and the proposed AmeriTel Inn east of the site, there is an increasing
opportunity for pedestrian traffic in this subdivision. In coordination with
Magic View Partners LLC, The Applicant shall add sidewalks to the plan to
access the bank entry in accordance with Magic View Partner's design of the
southern half of Lot 3. Sidewalk connection shall be made to the Allen Street
extension currently under construction.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 3 OF 6
BY MOUNTA1N WEST BANK A BANK WITH A DRIVE-THRU / CUP-00-049
2.11
2.121
2.13
Off-street parldng shall be provided in accordance with Section 11-13 of the
City of Meridian Zoning and Development Ordinance and/or as detailed in
site-specific requirements.
Paving and striping shall be in accordance with the standards set forth in
Sections 11-13-4.D. and 11-13-4.E. of the City of Meridian Zoning and
Development Ordinance and in accordance with Americans with Disabilities
Act (ADA) requirements.
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. All site drainage shall be contained and disposed of
on-site.
2.14
Outside lighting shall be designed and placed so as to not direct illumination
on any nearby residential areas and in accordance with City Ordinance Section
11-13-4.C.
2.15
2.16
2.17
Any existing domestic wells and/or septic systems within this project shall be
removed from their domestic service per City Ordinance Section 9-1-4 and
9-4-8. Wells may be used for non-domestic purposes such as landscape
irrigation.
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 shall be approved by the appropriate
irrigatio~Vdrainage district, or lateral users assodation, with written
confirmation of said approval submitted to the Public Works Department.
Provide a minimum of one (1) two-inch (2") caliper tree per 1,500 sq. ft. of
asphalt area on the site in accordance with City Ordinance Section 11-13-
4.B.3.c.
2.18
All trash and/or garbage collection areas shall be enclosed on at least three (3)
sides in accordance with City Ordinance Section 11-12-1 .C. Coordinate trash
enclosure locations and construction requirements with Sanitary Service
Company (SSC) and provide a letter of approval from SSC to the Planning &
Zoning Department prior to applying for building permits.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 4 OF 6
BY MOUNTAIN WEST BANK A BANK WITH A DRIVE-THRU / CUP-00-049
2.19 Provide five-foot-wide sidewalks in accordance with City Ordinance Section
12-5-2.K.
2.20 All construction shall conform to the requirements of the Americans with
Disabilities Act.
Adopt the Recommendations of the Ada County Highway District as follows:
2.21
Applicant shall construct a 25-foot wide shared driveway south of the site, at
the south property line as proposed. The driveway shall be paved to its full
width and at least 30-feet into the site beyond the edge of pavement of Allen
Street with 15-foot curb radii.
2.22
Prior to issuance of a building permit, the developer shall be required to pay
the standard impact fee, and the overlay fee of approximately $60,250 based
on 1,395 vehicle trips per day.
2.23 Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District.
2.24 Other than the approved driveway, direct lot or parcel access to St. Lukes
Street/Allen Street is prohibited.
Adopt the Recommendations of the Central District Health Department as follows:
2.24 The Applicant's building shall be served with central sewage and central water.
2.25 Stormwater shall be pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
2.26 The Engineers and architects involved with the design of the subject project
shall obtain current best management practices for stormwater disposal and
design a stormwater management system that prevents groundwater and
surface water degradation.
3. The above conditions are concluded to be reasonable and the applicant shall
meet such requirements as a condition of approval of the application for a conditional
use permit.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 5 OF 6
BY MOUNTAIN WEST BANK A BANK WITH A DRIVE-THRU / CLrP-00-049
4. Notice to Permit Holder, this conditional use permit is not transferable
without complying with the provisions of Meridian City Code § 11-17-8, a copy of
which is attached to this permit.
By action of the City Council at its regular meeting held on the
,200L
day of
Corrie, Mayor City of Meridian
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and City Attorney.
B / Dated:
~it~Clerk ' F ~
~g/Z:kWork~efidian~efidian I5360~agic View Office Complex C~049kC~Ordf~t~U:r?
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 6 OF 6
BY MOUNTAIN WEST BANK A BANK WITH A DRiVE-THRU / CUP-00-049