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HomeMy WebLinkAboutAlbertson's Employee CUP 02-043 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 01/28/03 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR.A DRIVE- THRU WINDOW AT ALBERTSONS EMPLOYEES' FEDERAL CREDIT UNION IN A C-C ZONE, LOCATED ON THE SOUTH SIDE OF E. OVERLAND ROAD, EAST OF S. EAGLE ROAD, MERIDIAN, IDAHO Case No. CUP-02-043 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT ALBERTSONS EMPLOYEES' FEDERAL CREDIT UNION, APPLICANT The above entitled conditional use permit application having come before the City Council on January 28,2003 at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Brad Hawkins-Clark Interim Planning Director for the Planning and Zoning Department, and Casey Huse, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 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 January 28,2003, 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 January 28, 2003, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in a C-C zone and by reason of the provisions of the Meridian City Code § 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located at on the south side ofE. Overland Road, east ofS. Eagle Road, Meridian, Idaho. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 5. The owner of record ofthe subject property is The Sundance Company, 9100 W. Biackeagle Drive, Boise, Idaho 83709. 6. Applicant is Albertsons Employees' Federal Credit Union, P.O. Box 8145, Boise, Idaho 83707. 7. The subject property is currently zoned CoCo The zoning district ofC-C is deified within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for a drive-thru window for Albertsons Employees' Federal Credit Union. The C-C 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. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 following conditions of development are imposed and the following is also found to be required to mitigate the effects ofthe proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian, subject to the following: A. Adopt the Recommendations ofthe Planning and Zoning and Engineering staff as follows: Site Specific Requirements 1. The submitted landscape plan (Sheet L-1.0, prepared by Tom South, dated 11-01-02) shall be revised as follows: a. The single blue spruce tree located in the street buffer shall be replaced with a deciduous tree per the City's Landscape Ordinance. b. The landscape buffer in the southeast corner of the parking lot shall be widened into the parking lot to provide at least five (5) feet oflandscaping adjacent to the parking, in accordance with the City's Landscape Ordinance. A revised copy of the landscape plan shall be submitted to the city. All landscaping shall be installed and continuously maintained. All dead or dying vegetation shall be replaced upon request from the City. 2. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. 3. The parking plan shall be revised to show standard 9'xI9' stalls with a 25'foot wide driveway aisle in accordance with Meridian City Code 11-13-4 F. 4. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and shall be removed upon 3 days notice to the applicant. 5. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 6. All parking shall be striped and improved in accordance with the Meridian City FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 B. Code. 7. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off- street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog 6 Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 8. Trash: The trash enclosure shall be enclosed on at least 3 sides by a solid wall or sight obscuring fence at least four feet in height in accordance with Ordinance 11-12- 1 C. Coordinate location and construction requirements with Sanitary Services, Inc. 9. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy maybe obtained by providing surety to the City in the form of a letter 0 f credit 0 r c ash in the amount 0 f 110% 0 fthe cost 0 fthe 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. 10. As part of a conditional use permit, the City of Meridian may impose additional restrictions! conditions. Adopt the Recommendations of ACHD as follows: On March 14, 2001, the Ada County Highway District Commissioners acted on Silverstone Corporate Center. The conditions and requirements also apply to CUP-02-043. Site Specific Requirements: 1. Dedicate 54 to 48-feet of right-of-way from the centerline of Overland Road abutting the parcel by means of recordation ofa final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDffiONAL USE PERMIT - 5 2. Dedicate 52 to 48-feet of right-of-way from the centerline of Eagle Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs flfSt. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way. 3. The following access points on Overland Road are approved with this application: . 400-feet east of Eagle Road (western driveway) . 690-feet east of Eagle Road and 265-feet east of western driveway (middle driveway) . 1,070-feet east of Eagle Road (public street) 4. The following access points on Eagle Road are approved with this application: . A driveway located on Eagle Road approximately 440-feet south of Overland Road is approved with this application. A driveway located on Eagle Road approximately 1,150-feet south of Overland Road is approved with this application. A public street (spine road) located on Eagle Road approximately 1,700- feet south of Overland Road is approved with this application. A public street (stubbing to the east property line) located on Eagle Road approximately 2,400- feet south of Overland Road is approved with this application. . . . 5. Construct a spine road tiITough the site with connections at Overland Road and Eagle Road, located as proposed. Construct the roadway as a 46-foot street section with curbs, gutters and sidewalks. If the applicant constructs attached sidewalks, the sidewalk shall be constructed 7-feet wide, and the street shall be constructed within 64-feet of right-of-way. If the applicant constructs detached sidewalks, the sidewalk shall be constructed 5-feet wide, and the street shall be constructed within 70-feet of right-of-way. Parking shall be restricted on the proposed street, and the applicant shall submit a signage plan prior to final plat approval. 6. This applicant should enter into a written agreement with the District for the construction, timing and funding of the two proposed traffic signals: one on Overland Road located at the quarter-mile, and one on Eagle Road at approximately the half-mile. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 7. 8. 9. 10. 11. 12. 13. 14. 15. Traffic signals cannot be installed at these intersections until there is a warrant. The applicant's traffic engineer should work with ACHD Traffic Services staff to determine when the warrant is met, or is close to being met. The developer shall be financially responsible for the cost of one-half ofthe signal. If the properties across from this subdivision have not been developed prior to the signal warrant, the applicant of this site shall fund 100% of the cost of the signals. At the time that those properties across the street develop, a road trust will be acquired and this applicant shall be reimbursed for one half of the cost ofthe signal. Construct center turn lanes on Overland Road and Eagle Road for the proposed public street intersections and for full access driveways. The applicant shall coordinate the intersection designs with District Traffic Services staff. Driveways on the proposed spine road shall be located a minimum distance of 175-feet from Eagle Road and Overland Road, and shall align or offset a minimum of 125-feet from any proposed driveways. The applicant is proposing to construct a large island in the middle of the spine road, with driveways on both sides. The applicant shall: construct the island as a true roundabout; eliminate the driveways; or eliminate the island. Construct a public roadway on Eagle Road approximately 2,400 feet south of Overland Road, as proposed. This roadway should be construct as a local/commercial street with a 40-foot street section within 58-feet of right- of- way. Provide a paved temporary turnaround at the east end of the stub with a temporary easement provided to the District. The applicant should be required to install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street, and the design of the turnaround with District staff." Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. Irrigation facilities shall be relocated outside of the new right-of-way on Overland Road and E All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. Construct a 5-foot wide concrete sidewalk on Overland Road abutting the entire site. Coordinate the location and elevation of the sidewalk with District staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 16. Construct a 5-foot wide concrete sidewalk on Eagle Road abutting the entire site. Coordinate the location and elevation of the sidewalk with District staff. 17. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall owned and maintained by Silverstone owners. Notes ofthis shall be required on the final plat. 18. Other than the access points specifically approved with this application, direct lot or parcel access to Overland Road and Eagle Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Standard Requirements: 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specificallv identify each requirement to be reconsidered and include a written explanation ofwhv such a requirement would result in a substantial hardship or inequity. The written request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staffto remove the item from the consent agenda and report to the Commission regarding the modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting ofthe Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 C. D. District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 8. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 9. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use ofthe subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Adopt the Recommendations of Sanitary Service Company as follows: 1. Please allow 10' clearance inside of the waste enclosure gates. Adopt the Recommendations ofthe Meridian Fire Department as follows: 1. That a fire-flow 0 f 1,000 gallons p er minute shall b e available for duration 0 f2 hours to service the entire project. Fire hydrants shall be placed an average of 400' FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 3. 13. apart. 1997 UFC Appendix ill-A 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. Final Approval of the fife hydrant locations shall be by the Meridian Fire Department. 4. All radii shall be 28' inside and 48' outside radius for the internal road system. 5. Provide a 20' fire lane around the building. 6. Provide a vertical clearance of 13 '6" on all drive thru areas. Although some minor modifications will need to be made to the landscape plan and the parking plan, it is found that the site is large enough to accommodate the proposed required parking, landscaping, and other features required of a drive-tiITough use by this ordinance. 14. That current Comprehensive Plan Land Use Map designates the property as "Commercial" and is currently zoned "C-C". It is found that the requested "drive-tiITough" use is a "Conditional Use" according to MCC 11-8-1. It is found that the use will be harmonious with the Meridian Zoning Ordinance and the Comprehensive Plan. 15. It is found that the proposed development will not adversely change the essential character of the general vicinity (currently a mix of commercial and office uses) and will be harmonious with the intended character of the same area. the vicinity. 16. It is not believed that the proposed use will not adversely affect other property in 17. It is found that the proposed development will be adequately served by the essential public facilities and services such as highways, street, police, and fife protection, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 drainage structures, refuse disposal, water, and sewer. 18. It is found that the proposed use would not be detrimental to the economic welfare of the community, nor would it create the need for any new facilities or services to be paid for by the public. 19. It is found that no excessive traffic, smoke, fumes, glare or odors will result from the proposed use. 20. It is found that the proposed use will not create significant interference with traffic on the surrounding public streets as long as ACHD requirements are enforce. 21. It is found that no natural or scenic feature will be lost, damaged or destroyed by issuance ofthis conditional use permit. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (LC. §67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage ofthe "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 11 under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code § 11-17-3) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; d. That the proposed use, if it complies with all conditions ofthe approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment ofthe proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and i. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 5. Prior to granting a conditional use permit in the Community Business District (C- C), a public hearing shall be conducted with notice to be published and provided to property FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code § 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation 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 accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code § 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for a drive-thru window for Albertsons Employees' Federal Credit Union in a C-C zone located on the south side ofE. Overland Road, east of S. Eagle Road, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Site Specific Requirements 1. The submitted landscape plan (Sheet L-1.0, prepared by Tom South, dated 11-01-02) shall be revised as follows: a. The single blue spruce tree located in the street buffer shall be replaced with a deciduous tree per the City's Landscape Ordinance. b. The landscape buffer in the southeast corner of the parking lot shall be widened into the parking lot to provide at least five (5) feet oflandscaping adjacent to the parking, in accordance with the City's Landscape Ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14 A revised copy of the landscape plan shall be submitted to the city. All landscaping shall be installed and continuously maintained. All dead or dying vegetation shall be replaced upon request from the City. 2. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11- 13-4C. 3. The parking plan shall be revised to show standard 9'xI9' stalls with a 25'foot wide driveway aisle in accordance with Meridian City Code 11-13-4 F. 4. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and shall be removed upon 3 days notice to the applicant. 5. All construction and site improvements shall conform to the requirements ofthe Americans with Disabilities Act. 6. All parking shall be striped and improved in accordance with the Meridian City Code. 7. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 8. Trash: The trash enclosure shall be enclosed on at least 3 sides by a solid wall or sight obscuring fence at least four feet in height in accordance with Ordinance 11-12-1C. Coordinate location and construction requirements with Sanitary Services, Inc. 9. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15 10. As part of a conditional use permit, the City of Meridian may impose additional restrictions/conditions. B. Adopt the Recommendations of ACHD as follows: On March 14, 2001, the Ada County Highway District Commissioners acted on Silverstone Corporate Center. The conditions and requirements also apply to CUP-02-043. Site Specific Requirements: 1. Dedicate 54 to 48-feet of right-of-way from the centerline of Overland Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way. 2. Dedicate 52 to 48-feet of right-of-way from the centerline of Eagle Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs flfSt. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value ofthe right-of-way dedicated which is an addition to existing ACHD right-of-way. 3. The following access points on Overland Road are approved with this application: . 400-feet east of Eagle Road (western driveway) . 690-feet east of Eagle Road and 265-feet east of western driveway (middle driveway) . 1,070-feet east of Eagle Road (public street) 4. The following access points on Eagle Road are approved with this application: . A driveway located on Eagle Road approximately 440-feet south of Overland Road is approved with this application. A driveway located on Eagle Road approximately 1,150-feet south of Overland Road is approved with this application. A public street (spine road) located on Eagle Road approximately 1,700- feet south of Overland Road is approved with this application. A public street (stubbing to the east property line) located on Eagle Road approximately 2,400-feet south of Overland Road is approved with this application. . . . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 16 5. Construct a spine road tiITough the site with connections at Overland Road and Eagle Road, located as proposed. Construct the roadway as a 46-foot street section with curbs, gutters and sidewalks. If the applicant constructs attached sidewalks, the sidewalk shall be constructed 7-feet wide, and the street shall be constructed within 64-feet of right-of-way. If the applicant constructs detached sidewalks, the sidewalk shall be constructed 5-feet wide, and the street shall be constructed within 70-feet of right-of-way. Parking shall be restricted on the proposed street, and the applicant shall submit a signage plan prior to final plat approval. 6. This applicant should enter into a written agreement with the District for the construction, timing and funding ofthe two proposed traffic signals: one on Overland Road located at the quarter-mile, and one on Eagle Road at approximately the half-mile. Traffic signals cannot be installed at these intersections until there is a warrant. The applicant's traffic engineer should work with ACHD Traffic Services staff to determine when the warrant is met, or is close to being met. The developer shall be financially responsible for the cost of one-half ofthe signal. Ifthe properties across from this subdivision have not been developed prior to the signal warrant, the applicant of this site shall fund 100% of the cost of the signals. At the time that those properties across the street develop, a road trust will be acquired and this applicant shall be reimbursed for one half of the cost of the signal. 7. Construct center turn lanes on Overland Road and Eagle Road for the proposed public street intersections and for full access driveways. 8. The applicant shall coordinate the intersection designs with District Traffic Services staff. 9. Driveways on the proposed spine road shall be located a minimum distance of 175-feet from Eagle Road and Overland Road, and shall align or offset a minimum of 125-feet from any proposed driveways. 10. The applicant is proposing to construct a large island in the middle of the spine road, with driveways on both sides. The applicant shall: construct the island as a true roundabout; eliminate the driveways; or eliminate the island. 11. Construct a public roadway on Eagle Road approximately 2,400 feet south of Overland Road, as proposed. This roadway should be construct as a local/commercial street with a 40-foot street section within 58-feet of right- of- way. Provide a paved temporary turnaround at the east end of the stub with a temporary easement provided to the District. The applicant should be required to install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 17 12. 13. 14. 15. 16. EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street, and the design of the turnaround with District staff." Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. Irrigation facilities shall be relocated outside of the new right-of-way on Overland Road and Eagle Road. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. Construct a 5-foot wide concrete sidewalk on Overland Road abutting the entire site. Coordinate the location and elevation of the sidewalk with District staff. Construct a 5-foot wide concrete sidewalk on Eagle Road abutting the entire site. Coordinate the location and elevation ofthe sidewalk with District staff. 17. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall owned and maintained by Silverstone owners. Notes of this shall be required on the final plat. 18. Other than the access points specifically approved with this application, direct lot or parcel access to Overland Road and Eagle Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Standard Requirements: 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or ineQuitv. The written request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 18 3. 4. 7. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting ofthe Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. Payment of applicable impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 8. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written conflfillation of any change from the Ada County Highway District. 9. Any change by the applicant in the planned use of the property which is the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 19 C. D. 2. § 11-17-9. subj ect of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Adopt the Recommendations of Sanitary Service Company as follows: 1. Please allow 10' clearance inside of the waste enclosure gates. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire-flow of 1,000 gallons per minute shall be available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A Acceptance ofthe water supply for fire protection will be by the Meridian Water Department. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. All radii shall be 28' inside and 48' outside radius for the internal road system. 5. Provide a 20' fire lane around the building. 6. Provide a vertical clearance of 13 '6" on all drive thru areas. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 20 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 ofthe conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the ;FéiJr-U-tV1J1 ,2003. ./ i /. ..¡t. If - day of ROLL CALL: COUNCILMAN KEITH BIRD VOTED a6re~?.-~ COUNCILWOMAN TAMMY deWEERD VOTED ~a.- COUNCILWOMAN CHERIE Mc CANDLESS VOTED~ COUNCILMAN WILLIAM L.M. NARY VOTED~ MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED--== DATED: :2--1/-6)3 MOTION: Æ'~ APPROVED:~ DISAPPROVED:- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 21 Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. BY:Þ~b~~ City Clerk FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 22 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A DRIVE- THRU WINDOW AT ALBERTSONS EMPLOYEES' FEDERAL CREDIT UNION IN A C-C ZONE, LOCATED ON THE SOUTH SIDE OF E. OVERLAND ROAD, EAST OF S. EAGLE ROAD, MERIDIAN, IDAHO ALBERTSONS EMPLOYEES' FEDERAL CREDIT UNION, APPLICANT C/C 01128/03 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-O2-043 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on the January 28, 2003, under the provisions of Meridian City Code § 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for a drive- thru window at Albertsons Employees' Federal Credit Union in a C-C zone located on the south side ofE. Overland Road, east ofS. Eagle Road, Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: ORDER CONDITIONAL USE PERMIT (CUP-02-043) -1 Site Specific Requirements 1. The submitted landscape plan (Sheet L-l.O, prepared by Tom South, dated 11-01-02) shall be revised as follows: a. The single blue spruce tree located in the street buffer shall be replaced with a deciduous tree per the City's Landscape Ordinance. b. The landscape buffer in the southeast corner of the parking lot shall be widened into the parking lot to provide at least five (5) feet of landscaping adjacent to the parking, in accordance with the City's Landscape Ordinance. A revised copy of the landscape plan shall be submitted to the city. All landscaping shall be installed and continuously maintained. All dead or dying vegetation shall be replaced upon request from the City. 2. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. 3. The parking plan shall be revised to show standard 9'xI9' stalls with a 25'foot wide driveway aisle in accordance with Meridian City Code 11-13-4 F. 4. All signage shall be in accordance with the standards set forth in Section 11-14 ofthe City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and shall be removed upon 3 days notice to the applicant. 5. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 6. All parking shall be striped and improved in accordance with the Meridian City Code. 7. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off- street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog 6 Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited ORDER CONDITIONAL USE PERMIT (CUP-02-043) -2 B. unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 8. Trash: The trash enclosure shall be enclosed on at least 3 sides by a solid wall or sight obscuring fence at least four feet in height in accordance with Ordinance 11-12- I C. Coordinate location and construction requirements with Sanitary Services, Inc. 9. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form ofa letter 0 f credit or c ash in the amount 0 f1l0% of the cost 0 fthe 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. 10. As part of a conditional use permit, the City of Meridian may impose additional restri cti ons/ conditions. Adopt the Recommendations of ACHD as follows: On March 14, 2001, the Ada County Highway District Commissioners acted on Silverstone Corporate Center. The conditions and requirements also apply to CUP-02-043. Site Specific Requirements: 1. Dedicate 54 to 48-feet of right-of-way from the centerline of Overland Road abutting the parcel by means of recordation of a fmal subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way. 2. Dedicate 52 to 48-feet of right-of-way from the centerline of Eagle Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair ORDER CONDITIONAL USE PERMIT (CUP-02-043) -3 market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way. 3. The following access points on Overland Road are approved with this application: . 400-feet east of Eagle Road (western driveway) . 690-feet east of Eagle Road and 265-feet east of western driveway (middle driveway) 1,070-feet east of Eagle Road (public street) . 4. The following access points on Eagle Road are approved with this application: . A driveway located on Eagle Road approximately 440-feet south of Overland Road is approved with this application. A driveway located on Eagle Road approximately 1,150-feet south of Overland Road is approved with this application. A public street (spine road) located on Eagle Road approximately 1,700- feet south of Overland Road is approved with this application. A public street (stubbing to the east property line) located on Eagle Road approximately 2,400-feet south of Overland Road is approved with this application. . . . 5. Construct a spine road through the site with connections at Overland Road and Eagle Road, located as proposed. Construct the roadway as a 46-foot street section with curbs, gutters and sidewalks. If the applicant constructs attached sidewalks, the sidewalk shall be constructed 7-feet wide, and the street shall be constructed within 64-feet of right-of-way. Ifthe applicant constructs detached sidewalks, the sidewalk shall be constructed 5-feet wide, and the street shall be constructed within 70-feet of right-of-way. Parking shall be restricted on the proposed street, and the applicant shall submit a signage plan prior to final plat approval. 6. This applicant should enter into a written agreement with the District for the construction, timing and funding of the two proposed traffic signals: one on Overland Road located at the quarter-mile, and one on Eagle Road at approximately the half-mile. Traffic signals cannot be installed at these intersections until there is a warrant. The applicant's traffic engineer should work with ACHD Traffic Services staff to determine when the warrant is met, or is close to being met. The developer shall be financially responsible for the cost of one-half of the signal. If the properties across from this subdivision have not been developed prior to the signal warrant, the applicant of this site shall fund 100% of the cost of the signals. At the time that those properties across the street develop, a road trust will be acquired and this applicant shall be reimbursed for one half of the cost ofthe signal. ORDER CONDITIONAL USE PERMIT (CUP-02-043) -4 12. 13. 14. 15. 16. 17. 7. Construct center turn lanes on Overland Road and Eagle Road for the proposed public street intersections and for full access driveways. 8. The applicant shall coordinate the intersection designs with District Traffic Services staff. 9. Driveways on the proposed spine road shall be located a rninimum distance of I 75-feet from Eagle Road and Overland Road, and shall align or offset a minimum of 125-feet from any proposed driveways. 10. The applicant is proposing to construct a large island in the middle of the spine road, with driveways on both sides. The applicant shall: construct the island as a true roundabout; eliminate the driveways; or eliminate the island. 11. Construct a public roadway on Eagle Road approximately 2,400 feet south of Overland Road, as proposed. This roadway should be construct as a local/commercial street with a 40-foot street section within 58-feet of right- of- way. Provide a paved temporary turnaround at the east end of the stub with a temporary easement provided to the District. The applicant should be required to install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street, and the design of the turnaround with District staff." Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. Irrigation facilities shall be relocated outside of the new right-of-way on Overland Road and Eagle Road. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. Construct a 5-foot wide concrete sidewalk on Overland Road abutting the entire site. Coordinate the location and elevation of the sidewalk with District staff. Construct a 5-foot wide concrete sidewalk on Eagle Road abutting the entire site. Coordinate the location and elevation of the sidewalk with District staff. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall owned and maintained by Silverstone owners. Notes of this shall be required on the final plat. ORDER CONDITIONAL USE PERMIT (CUP-02-043) -5 4. 18. Other than the access points specifically approved with this application, direct lot or parcel access to Overland Road and Eagle Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the fmal plat. Standard Requirements: 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specificallv identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The written request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staffto remove the item from the consent agenda and report to the Commission regarding the modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting ofthe Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. ORDER CONDITIONAL USE PERMIT (CUP-02-043) -6 C. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements ofthe Ada County Highway District prior to District approval for occupancy. 7. It is the responsibility ofthe applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 8. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 9. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use ofthe subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Adopt the Recommendations of Sanitary Service Company as follows: 1. D. Please allow 10' clearance inside of the waste enclosure gates. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire-flow of 1,000 gallons per minute shall be available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A 2. Acceptance of the water supply for fire protection will be by the Meridian ORDER CONDITIONAL USE PERMIT (CUP-02-043) -7 Water Department. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. All radii shall be 28' inside and 48' outside radius for the internal road system. 5. Provide a 20' fire lane around the building. 6. Provide a vertical clearance of 13'6" on all drive thru areas. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval ofthe application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to this permit. By action ofthe City Council at its regular meeting held on the ///13 day of fi6~J ,2003. Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. By:Jf~k~~ City Clerk Dated: 2"""/2......PJ - - '= y '" =: 'i;;~. ,d,(y g ~;;) u,~r 'c', . .f> ~ Z:\WorklM\MeridianlMeridian 15360M\Albertson's Employees' Federal Credit Union CUP-O2-043\OrderCuP..4òií;t - 'J '!t'" ;::", '-:"; ,C,¡)",."y .¡í) ,-,- 1'1" "0' """, -8'".,.."",n\' ORDER CONDITIONAL USE PERMIT (CUP-02-043)