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HomeMy WebLinkAboutSyringa Bank CUP-01-019BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 07-03-01 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR A 3,150 SQ. ) FT. BANK BUILDING WITH 2 ) DRIVE--UP LANES IN AN I-L ) ZONE, LOCATED AT THE ) SOUTHEAST CORNER OF ) EAGLE ROAD AND FAIRVIEW ) AVENUE IN THE ) CROSSROADS SHOPPING ) CENTER, MERIDIAN, IDAHO ) ) ) SYRINGA BANK AND DAKOTA ) COMPANY, ) ) APPLICANT ) ) Case No. CUP-OI-O19 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit applica :ion having come before the City Council on July 3, 2001 at the hour of 6:30 p.m., at Meridian City J Hall, 33 East Idaho Street, Meridim~, Idaho, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing on behalf of the Applicant ~vas John Paulson, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 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 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 July 3, 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 July 3, 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. 2. There has been compliance with all notice and hearing requirements set FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 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 an I-L zone and by reason of the provisions of the Meridian City Code § 1 I-17-4, a public hearing was required before the City Council on this application. 4. The property is located at the southeast corner of Eagle Road and Fairview Avenue in the Crossroads Shopping Center, Meridian, Idaho. 5. The owner of record of the subject property is TFCM Associates LLC of Salt Lake City, Utah. 6. Applicant is Syringa Bank of Boise, Idaho, and Dakota Company of Boise, Idaho. 7. The subject property is currently zoned I-L. The zoxzing district of I-L is defined within the City of Meridian Zoning and Development Ordinance, Section I 1-7-2. 8. The proposed application requests a conditional use permit for a free- standing bank building with a drive-up window. The I-L 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 (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 subiect 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 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 subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 Three copies of detailed landscape plans and irrigation performance specifications shall be required prior to the issuance of a Certificate of Zoning Compliance. Ail landscaping shall be continuously maintained and any dead or dying vegetation shall be replaced upon request from the City. The I 1- and 12-foot-wide drive-through lanes adjacent to Fairview Avenue on the north side of the bank building shall be. subject to approval by the Meridian Fire Department. Ail parldng and areas of circulation shall be improved with a hard surface in accordance with Meridian City Code 11-13-4.D, and shall be installed and striped in accordance with the submitted site plan and Ordinance 11-13-4.F. Ail exterior lighting, whether attached to the building or located within the parMng lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or rights-of-way. Ail parMng lot lighting shall be in accordance with Ordinance 11-13-4C. Ail signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. Ail 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. Ail construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 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 parMng areas. Storm water treatment and disposal shall 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 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. Trash: The trash enclosure shall be enclosed on at least three 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. A Certificate of Zoning Compliance and a Building Permit shall be obtained prior to the start of construction. 10. Landscaping shall be installed as per the approved site plan. Three copies of detailed landscape plans shall be required prior to the issuance of a Certificate of Zoning Compliance. Landscape irrigation shall be provided by the pressurized irrigation system installed as part of the Meridian Crossroads project. Adopt the Meridian Fire Department's Recommendations as follows: I1. Applicants shall satisfy all fire code requirements including those pertaining to water supply systems and fire hydrants and obtain approval from all departments. Adopt the Ada County Highway District Recormnendations as follows (note: these are the recommendations proposed in 1998 and which ACHD recommend apply to this project: 12. The Institute of Transportation publication "Guidelines for Planning and Designing Access Systems for Shopping Centers states that a shopping center of this magnitude shall be constructed with a ring road or frontage road near the circumference of the site to expedite the movement of on-site traffic. That consideration is especially important in this situation because of the great distances from some parts of the center to the two signalized intersections with the arterial system. The applicant shall be required to revise the site plan to provide internal site circulation equivalent to a public street system to ensure that intra-site FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 13. 14. 15. circulation does not use the public street system to circulate through the adjacent subdivision to gain access to the signalized intersections on Eagle Road and Fairview Avenue. The on-site system shall roughly parallel Fairview Avenue and Eagle Road but shall not be located immediately in front of the stores. Opening of access aisles located 100- feet or more away from and parallel with Fairview Avenue and Eagle Road will fulfill this requirement. The access aisles shall be as direct as possible and provide a means of driving a vehicle from Records Drive to Pine Avenue without inteiruption except at the major driveways into the site and at Presidential Drive. Coordinate the internal roadway design with District staff. In order to reduce trips to and from this development it is recommended that tenants occupying the proposed building consider formation of an Alternative Transportation Progrmn. In order to reduce trips to and from this development, the tenants occupying the proposed building(s) are urged to participate in any Transportation Management Association (TMA) or Transportation Management Organization (TMO) that is fom~ed with a boundary that includes this site or is adjacent to this development. The District would appreciate the formation of such an entity by this complex, The applicant shall be required to construct the needed improvements to create dual left-turn lanes on the two Eagle Road approaches of the Eagle/Fairview intersection when the site development reaches 450,000 GSF. 16. The applicant shall be required to construct the needed improvements to create dual left-turn lanes on the two Eagle Road approaches of the Eagle/Pine intersection. These improvements are not needed immediately. The noted improvement is required when the site development is started south of Presidential Drive. The northbound left-turn lanes are not directly usable by the development. However, they may reduce congestion caused by trips to/from the development by providing for conflicting movements. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 17. The applicant shall be required to construct deceleration tapers at each of the driveways on Eagle Road. 18. The applicant shall be required to construct right-turn lanes on all legs of the Fairview Avenue/Eagle Road intersection at the time the development reaches 450,000 GSF. 19. Prohibit any driveway access to Eagle Road north of the Florence Street intersection. The driveway will conflict with the operation of the free, northbound fight-turn lane. Other than Pine Avenue, Presidential Drive and the driveway opposite Florence Street, prohibit any driveway access to Eagle Road. 20. Comply with requirements of ITD for Eagle Road (State Highway 55) frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. 21. Dedicate sufficient additional right-of-way to total 66-feet from centerline of Fairview Avenue from the intersection with Eagle Road for a distance of 650-feet east of the intersection, then taper to 60-feet from centerline in 200-feet, and continue 60-feet of right-of-way to the east boundary of the development (See 4. below). The right-of-way shall be dedicated 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. 22. Dedicate sufficient right-of-way abutting Eagle Road for the future Eagle Road Interchange. Coordinate the right-of-way requirements with District staff. The right-of-way is generally described as being a minimum of 226-feet wide ( 113-feet east of centerline) from Fairview Avenue south for 600-feet. 23. Dedicate sufficient right-of-way abutting Fairdew Avenue for the future Eagle Road interchange. Coordinate the right-of-way requirements with District staff. The right-of-way is generally described as being a minimum of 176-feet wide (84-feet south of centerline) from Eagle FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 Road east for 500-feet, then tapering to 120-feet (60 from centerline) at 1,000 feet east of Eagle Road. 24. Dedicate 76-feet of right-of-way (38-feet from the centerline) for Records Drive from Fairview Avenue to a point 300-feet south of Fairview Avenue and 60-feet of right-of-way (30-feet from centerline) for Records Drive from that point to the south boundary of 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. The owner shall not be compensated for this right-of-way because Records Drive is a local street. 25. Prior to beginning a phase of the development that exceeds 450,000 gross square feet, construct the needed improvements to create dual left- turn lanes on the two Falrview Avenue approaches of the Eagle/Fairview intersection and right-turn lanes on all legs of the intersection. The developer shalI be allowed to offset the cost of the two left turn lanes on the FairviewAvenue legs of the intersection from the impact fee to be collected for the development. 26. Prior to the construction of any portion of the development south of Presidential Drive, construct the needed improvements to create dual left-turn lanes on the eastern approaches of the Eagle/Pine intersection. 27. Construct a five-foot sidewalk on Fairview Avenue abutting each development phase (approximately 2,600-feet total) prior to issuance of any Certificate of Occupancy. The construction plans for the development showing the sidewalk shall be approved prior to issuance of a building permit. 28. Construct a five-foot sidewalk on Eagle Road abutting each development phase (approximately 2,600-feet total) prior to issuance of any Certificate of Occupancy. The construction plans for the development showing the sidewalk shall be approved prior to issuance of a building permit. 29. Prior to opening of the development, construct pavement widening on FairviewAvenue to one half of an 89-foot street section abutting the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 parcel (approximately 2,600-feet). The applicant shall not be compensated for this construction. 30. Prior to opening of the development, construct pavement widening on Fairview Avenue to add one eastbound lane from Eagle Road to a point 500-feet west where the existing improvements end. The cost of this improvement shall be offset from the road impact fee to be collected for the development. 31. Construct a five-foot sidewalk on Pine Avenue abutting each development phase (approximately 650-feet) prior to opening of any development south of Presidential Drive. 32. Construct the four driveways on Fairview Avenue as proposed. The driveways shall be located as proposed on the site plan dated 8/3/98, prepared by Quadrant Consulting, Inc. and on file with the District: approximately 440-feet, 940-feet, 1,51 O-feet, and 2,480-feet east of Eagle Road respectively. 33. The western driveway on Fairview Avenue (Driveway A) is to be constructed as a right-in/right-out driveway, with driveway width limited to 30-feet and a minimum storage length of 50-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Fairview Avenue. Extend the existing median island in Fairview Avenue from its easterly terminus to a point 50-feet east of the eastern edge of driveway A and construct pavement tapers with 15-foot radii. 34. The second driveway on Fairview Avenue (Driveway B) is to be constructed as a full access driveway with a width limited to 40-feet. The minimum storage length shall be 100-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Fairview Avenue. Construct pavement tapers with 15-foot radii. 35. The third driveway on Fairview Avenue (Driveway C) is to be constructed as a full access driveway with a driveway width limited to 40-feet. The minimum storage length shall be 100-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Fairview Avenue. Construct pavement tapers with 15-foot radii. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 36. The fourth driveway on Fairview Avenue (Driveway D) is to be constructed as a full access driveway with a driveway width limited to 40-feet. The minimum storage length shall be 100-feet for outbound traffic and 50-feet for inbound traffic. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Falrview Avenue. Construct pavement tapers with 15-foot radii. 37. Construct Records Drive as a 65-foot street section (with curb, gutter and five-foot sidewalk) from Fairview Avenue to a point 300-feet south of Fairview Avenue. Records Drive shall be located approximately 2, 100~feet east of Eagle Road. Widen the approach to Fairview Avenue to provide two northbound left turn lanes and one northbound through/right-turn lane. Two southbound lanes are needed from Fairview Avenue to a point 300-feet south of Fairview. Dedicate sufficient right-of-way for the noted improvements. 38. Construct Records Drive as a 41-foot street section (with curb, gutter and five-foot sidewalk) from a point 300-feet south of FairviewAvenue to the existing stub street within the Crossroads subdivision. 39. Construct a traffic signal at the Fairview/Records intersection. Provide and install an Opticom device for emergency vehicle pre-emption of the signal to the satisfaction of ACHD and the Meridian Fire Department. Other materials for the traffic signal are to be purchased from ACHD or be demonstrated to meet ACHD specifications. The signal shall be designed to allow the future construction of dual left-turn lanes on Fairview Avenue. The applicant shall be responsible for the entire cost of the signal installation. Submit the signal design to District staff for approval prior to construction. 40. Construct a driveway on Eagle Road aligned with Florence Street as a full access driveway. The driveway width shall be limited to 40-feet. The minimum storage length should be 100ofeet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Eagie Koad. This driveway may be restricted to right-in/right-out movement in the future. Construct a deceleration lane for the driveway. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 11 41. 42. 43. 44. 45. Construct Pine Avenue as a 28-foot street section from the project's eastern property line to a point approximately 400-feet east of Eagle Road. Widen the approach to Eagle Road to provide two westbound left turn lanes, one westbound through lane and one westbound right- turn lane. Coordinate the roadway design with District staff. Prior to the commencement of construction of the area south of Presidential Drive, construct a traffic signal at the Eagle/Pine intersection. Provide and install Opticom device (an optical communication device for emergency vehicle pre-emption of the signal operation) as part of the signal installation. The District shall provide the materials for the signal (with the exception of the Opticom device) as its share of the entire Pine Avenue construction from Eagle Road to the east boundary of the development. Submit the signal design to District staff for approval prior to construction. Should the ACHD roadway project to extend Pine Avenue from Eagle Road to Cloverdale Road precede the development expansion south of Presidential Drive, all features related to Pine Avenue are to be constructed by the applicant prior to the building permit issuance for the development south of Presidential Drive or the cost therefor paid to the District. Specifically, this includes the extra left-turn lanes onto and off of Eagle Road and into the full access driveway from Pine Avenue into the development. Reconstruct the western median in Presidential Drive to provide a left turn lane at the entrance to the project site (at the store fronts). Provide a minimum of 100-feet of storage area for the new turn lane. Coordinate the roadway design with District staff. Construct a full access driveway on Presidential Drive as proposed 340- feet east of Eagle Road. The driveway width shall be limited to 30-feet. The minimum storage length shall be 50-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Presidential Drive. 46. Construct a full-access driveway connection to Presidential Drive at the midpoint between Eagle Road and the project roadway in front of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 stores. The minimum storage length should be 50-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Presidential Drive. 47. 48. 49. 50. 51. 52. 53. Construct a full access driveway on Presidential Drive as proposed 620- feet east of Eagle Road. The driveway width shall be limited to 30-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Presidential Drive. Reconstruct the westbound approach at the Eagle Road/Presidential Drive intersection to provide two westbound travel lanes. Coordinate the roadway design with District staff. Construct deceleration tapers at each of the driveways on Eagle Road. Coordinate the design with ITD staff. Other than the access point(s) specifically approved with this application, direct lot or parcel access to Pine Avenue or Fairview Avenue is prohibited. Construct a full access driveway on Records Drive as proposed 175-feet south of Fairview Avenue, limited to 30-feet of driveway width. The minimum storage length shall be 50-feet. Install a 36" by 36" high 'intensity STOP sign at the driveway's intersection with Records Drive. Construct a full access driveway on Records Drive as proposed 300-feet south of Fairview Avenue, limited to 30-feet of width. The minimum storage length shall be 50-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Records Drive. Construct a full access driveway on Records Drive as proposed 500-feet south of Fairview Avenue, limited to 30-feet of driveway width. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Records Drive. 54. Construct a full access driveway on Records Drive as proposed 800-feet south of Fairview Avenue, limited to 30-feet of driveway width. Install a 36" by 36" high intensity STOP sign at the driveway's intersection FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 with Records Drive. 55. Construct a right-in/right-out driveway on Pine Avenue 175-feet east of Eagle Road, limited to a driveway width of 30-feet. The minimum storage length shall be 100-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Pine Avenue. A median island shall be installed in Pine Avenue from the stop bar at Eagle Road to a point 50-feet east of the driveway. 56. Construct a full access driveway on Pine Avenue as proposed 340-feet east of Eagle Road, limited to 30-feet of driveway width. The minimum storage length shall be 100-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Pine Avenue. 57. Construct a full access driveway on Pine Avenue as proposed 620-feet east of Eagle Road, limited to a driveway width of 30-feet. Install a 36" y 36 high intensity STOP sign at the driveway's intersection with Pine Avenue. 58. Construct and install traffic calming facilities on Presidential Drive beginning at the eastern property line c~f the development and extending through the intersection with Filhnore Way. Coordinate the design and placement of the calming facilities with District staff and the Crossroads Subdivision Owners Association. 59. Modify the site plan to create a vehicular way behind the pads fronting on Fairview Avenue and Eagle Road (approximately 100-feet into the site) to connect Records Drive and Pine Avenue. Install curb returns at the intersections of this vehicular way with Records Drive and Presidential Drive. Install STOP signs on the access aisles intersecting with this vehicular way and install STOP signs on the vehicular way at its intersections with Records Drive, the five major driveways into the site, Presidential Drive and Pine Avenue. Coordinate the location of the vehicular way with District staff. 60. Comply with ACHD's requirement for cross access in their letter dated January 21, 1999. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14 61. Applicant to comply with all of ACHD's Standard Requirements listed in their letter of May 14, 2001. Adopt the Recommendations of the Central District Health Department as follows: 62. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of this project shall obtain current best management practices for storm water disposal and design a storm water management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: a. State of Idaho Catalog of Stormreater Best Management Practices For Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. b. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 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: 13.1 The subject property is designated on the current "Generalized Land Use Map" as "Exisiting Urban". 14. The uses proposed within the subiect 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15 15. The uses proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 16. The uses proposed within the subject application will be served adequately by central public facilities 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 16 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 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; uses; Will not be hazardous or disturbing to existing or future neighboring 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 17 the community; 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 the Light Industrial District (I-L), 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 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 conm~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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 18 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; 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, J0a~uary 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 19 hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for a free-standing bank building with a drive-up window in an I-L zone ~ocated at the southeast corner of Eagle Road and Fairview Avenue in the Crossroads Shopping Center, Meridian, Idaho, subject to the following conditions of use and development: · Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Three copies of detailed landscape plans and irrigation performance specifications shall be required prior to the issuance of a Certificate of Zoning Compliance. All landscaping shall be continuously maintained and any dead or dying vegetation shall be replaced upon request from the City. The I 1- and 12-foot-wide drive-through lanes adjacent to Fairview Avenue on the north side of the bank building shall be subject to approval by the Meridian Fire Department. All parIdng and areas of circulation shall be improved with a hard surface in accordance with Meridian City Code 11-13-4.D, and shall be installed and striped in accordance with the submitted site plan and Ordinance 1 I-13- 4.F. 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 rights-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 20 6. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 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. Storm water treatment and disposal shall 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. Trash: The trash enclosure shall be enclosed on at least three 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. A Certificate of Zoning Compliance and a Building Permit shall be obtained prior to the start of construction. 10. Landscaping shall be installed as per the approved site plan. Three copies of detailed landscape plans shall be required prior to the issuance of a Certificate of Zoning Compliance. Landscape irrigation shall be provided by the pressurized irrigation system installed as part of the Meridian Crossroads project. Adopt the Meridian Fire Department's Recommendations as follows: 11.Applicants shall satisfy all fire code requirements including those pertaining to water supply systems and fire hydrants and obtain approval from all departments. Adopt the Ada County Highway District Recommendations as follows (note: these are the reconunendations proposed in 1998 and which ACHD recommend apply to this project: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 21 12.The Institute of Transportation publication "Guidelines for Planning and Designing Access Systems for Shopping Centers states that a shopping center of this magnitude shall be constructed with a ring road or frontage road near the circumference of the site to expedite the movement of on-site traffic. That consideration is especially important in this situation because of the great distances from some parts of the center to the two signalized intersections with the arterial system. The applicant shall be required to revise the site plan to provide internal site circulation equivalent to a public street system to ensure that intra-site circulation does not use the public street system to circulate through the adjacent subdivision to gain access to the signalized intersections on Eagle Road and Fairview Avenue. The on- site system shall roughly parallel Fairview Avenue and Eagle Road but shall not be located immediately in front of the stores. Opening of access aisles located 100-feet or more away from and parallel with Fairview Avenue and Eagle Road will fulfill this requirement. The access aisles shall be as direct as possible and provide a means of driving a vehicle from Records Drive to Pine Avenue without interruption except at the major driveways into the site and at Presidential Drive. Coordinate the internal roadway design with District staff. 13.In order to reduce trips to and from this development it is recommended that tenants occupying the proposed building consider formation of an Alternative Transportation Program. 14.In order to reduce trips to and from this development, the tenants occupying the proposed building(s) are urged to participate in any Transportation Management Association (TMA) or Transportation Management Organization (TMO) that is forn~ed with a boundary that includes this site or is adjacent to this development. The District would appreciate the formation of such an entity by this complex. 15.The applicant shall be required to construct the needed improvements to create dual left-turn lanes on the two Eagle Road approaches of the Eagle/Fairview intersection when the site development reaches 450,000 GSF. 16.The applicant shall be required to construct the needed improvements to create dual left-turn lanes on the two Eagle Road approaches of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 22 Eagle/Pine intersection. These improvements are not needed immediately. The noted improvement is required when the site development is started south of Presidential Drive. The northbound left-turn lanes are not directly usable by the development. However, they may reduce congestion caused by trips to/from the development by providing for conflicting movements. 17.The applicant shall be required to construct deceleration tapers at each of the driveways on Eagle Road. 18.The applicant shall be required to construct right-turn lanes on all legs of the Fairview Avenue/Eagle Road intersection at the time the development reaches 450,000 GSF. 19.Prohibit any driveway access to Eagle Road north of the Florence Street intersection. The driveway will conflict with the operation of the free, northbound right-turn lane. Other than Pine Avenue, Presidential Drive and the driveway opposite Florence Street, prOhibit any driveway access to Eagle Road. 20.Comply with requirements of ITD for Eagle Road (State Highway 55) frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. 21.Dedicate sufficient additional right-of-way to total 66-feet from centerline of Fair-dew Avenue from the intersection with Eagle Road for a distance of 650-feet east of the intersection, then taper to 60-feet from centerline in 200-feet, and continue 60-feet of right-of-way to the east boundary of the development (See 4. below). The right-of-way shall be dedicated 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. 22.Dedicate sufficient right-of-way abutting Eagle Road for the future Eagle Road Interchange. Coordinate the right-of-way requirements with District staff. The right-of-way is generally described as being a minimum of 226- feet wide (113-feet east of centerline) from Fairview Avenue south for 600- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 23 feet. 23.Dedicate sufficient fight-of-way abutting Fairview Avenue for the future Eagle Road interchange. Coordinate the fight-of-way requirements with District staff. The right-of-way is generally described as being a minimum of 176-feet wide (84-feet south of centerline) from Eagle Road east for 500- feet, then tapering to 120-feet (60 from centerline) at 1,000 feet east of Eagle Road. 24.Dedicate 76-feet of fight-of-way (38-feet from the centerline) for Records Drive from Fairview Avenue to a point 300-feet south of FairviewAvenue and 60-feet of fight-of-way (30-feet from centefline) for Records Drive from that point to the south boundary of the parcel by rneans 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. The owner shall not be compensated for this right-of-way because Records Drive is a local street. 25.Prior to beginning a phase of the development that exceeds 450,000 gross square feet, construct the needed improvements to create dual left-turn lanes on the two Fairview Avenue approaches of the Eagle/Faiwiew intersection and right-turn lanes on all legs of the intersection. The developer shall be allowed to offset the cost of the two left turn lanes on the Fairview Avenue legs of the intersection from the impact fee to be collected for the development. 26.Prior to the construction of any portion of the development south of Presidential Drive, construct the needed improvements to create dual left- turn lanes on the eastern approaches of the Eagle/Pine intersection. 27.Construct a five-foot sidewalk on Fairview Avenue abutting each development phase (approximately 2,600-feet total) prior to issuance of any Certificate of Occupancy. The construction plans for the development showing the sidewalk shall be approved prior to issuance of a building permit. 28.Construct a five-foot sidewalk on Eagle Road abutting each development phase (approximately 2;600-feet total) prior to issuance of any Certificate FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 24 of Occupancy. The construction plans for the development showing the sidewalk shall be approved prior to issuance of a building permit. 29.Prior to opening of the development, construct pavement widening on Fairview Avenue to one half of an 89-foot street section abutting the parcel (approximately 2,600-feet). The applicant shall not be compensated for this construction. 30.Prior to opening of the development, construct pavement widening on Falrview Avenue to add one eastbound lane from Eagle Road to a point 500-feet west where the existing improvements end. The cost of this improvement shall be offset from the road impact fee to be collected for the development. 31 .Construct a five-foot sidewalk on Pine Avenue abutting each development phase (approximately 650-feet) prior to opening of any development south of Presidential Drive. 32.Construct the four driveways on Fairview Avenue as proposed. The driveways shall be located as proposed on the site plan dated 8/3/98, prepared by Quadrant Consulting, Inc. and on file with the District: approximately 440-feet, 940-feet, 1,51 O-feet, and 2,480-feet east of Eagle Road respectively. 33.The western driveway on Fairview Avenue (Driveway A) is to be constructed as a right-in/right-out driveway, with driveway width limited to 30-feet and a minimum storage length of 50-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Fairview Avenue. Extend the existing median island in Fairview Avenue from its easterly terminus to a point 50-feet east of the eastern edge of driveway A and construct pavement tapers with 15-foot radii. 34.The second driveway on Fairview Avenue (Driveway B) is to be constructed as a full access driveway with a width limited to 40-feet. The minimum storage length shall be 100-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Fairview Avenue. Construct pavement tapers with 15-foot radii. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 25 35.The third driveway on Fairview Avenue (Driveway C) is to be constructed as a full access driveway with a driveway width limited to 40-feet. The minimum storage length shall be lO0-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Fairview Avenue. Construct pavement tapers with 15-foot radii. 36.The fourth driveway on Falrview Avenue (Driveway D) is to be constructed as a full access driveway with a driveway width limited to 40-feet. The minimum storage length shall be 100-feet for outbound traffic and 50-feet for inbound traffic. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with FairviewAvenue. Construct pavement tapers with 15-foot radii. 37.Construct Records Drive as a 65-foot street section (with curb, gutter and five-foot sidewalk) from Fairview Avenue to a point 300-feet south of Fairview Avenue. Records Drive shall be located approximately 2,100-feet east of Eagle Road. Widen the approach to Fairview Avenue to provide two northbound left turn lanes and one northbound through/right-turn lane. Two southbound lanes are needed from Fairview Avenue to a point 300- feet south of Fairv/ew. Dedicate sufficient right-of-way for the noted improvements. 38.Construct Records Drive as a 41-foot street section (with curb, gutter and five-foot sidewalk) from a point 300-feet south of Fairview Avenue to the existing stub street within the Crossroads subdivision. 39.Construct a traffic signal at the Fairview/Records intersection. Provide and install an Opticom device for emergency vehicle pre-emption of the signal to the satisfaction of ACHD and the Meridian Fire Department. Other materials for the traffic signal are to be purchased from ACHD or be demonstrated to meet ACHD specifications. The signal shall be designed to allow the future construction of dual left-turn lanes on Fairview Avenue. The applicant shall be responsible for the entire cost of the signal installation. Submit the signal design to District staff for approval prior to construction. 40.Construct a driveway on Eagle Road aligned with Florence Street as a full access driveway. The driveway width shall be limited to 40-feet. The FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 26 minimum storage length should be 100-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Eagle Road. This driveway may be restricted to fight-in/right-out movement in the future. Construct a deceleration lane for the driveway. 41.Construct Pine Avenue as a 28-foot street section from the project's eastern property line to a point approximately 400-feet east of Eagle Road. Widen the approach to Eagle Road to provide two westbound left turn lanes, one westbound through lane and one westbound right-turn lane. Coordinate the roadway design with District staff. 42.Prior to the commencement of construction of the area south of Presidential Drive, construct a traffic signal at the Eagle/Pine intersection. Provide and install Opticom device (an optical communication device for emergency vehicle pre-emption of the signal operation) as part of the signal installation. The District shall provide the materials for the signal (with the exception of the Opticom device) as its share of the entire Pine Avenue construction from Eagle Road to the east boundary of the development. Submit the signal design to District staff for approval prior to construction. 43.Should the ACHD roadway project to extend Pine Avenue from Eagle Road to Cloverdale Road precede the development expansion south of Presidential Drive, all features related to Pine Avenue are to be constructed by the applicant prior to the building permit issuance for the development south of Presidential Drive or the cost therefor paid to the District. Specifically, this includes the extra left-turn lanes onto and off of Eagle Road and into the full access driveway from Pine Avenue into the development. 44.Reconstruct the western median in Presidential Drive to provide .a left turn lane at the entrance to the project site (at the store fronts). Provide a minimum of 100-feet of storage area for the new turn lane. Coordinate the roadway design with District staff. 45.Construct a full access driveway on Presidential Drive as proposed 340-feet east of Eagle Road. The driveway width shall be limited to 30-feet. The minimum storage length shall be 50-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Presidential Drive. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 7 46.Construct a full-access driveway connection to Presidential Drive at the midpoint between Eagle Road and the project roadway in front of the stores. The minimum storage length should be 50-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Presidential Drive. 47.Construct a full access driveway on Presidential Drive as proposed 620-feet east of Eagle Road. The driveway width shall be limited to 30-feet. Instal1 a 36" by 36" high intensity STOP sign at the driveway's intersection with Presidential Drive. 48.Reconstruct the westbom~d approach at the Eagle Road/Presidential Drive intersection to provide two westbound travel lanes. Coordinate the roadway design with District staff. 49 .Construct deceleration tapers at each of the driveways on Eagle Road. Coordinate the design with ITD staff. 50.Other than the access point(s) specifically approved with this application, direct lot or parcel access to Pine Avenue or Fairview Avenue is prohibited. 51.Construct a full access driveway on Records Drive as proposed 175-feet south of Fairview Avenue, limited to 30-feet of driveway width. The minimum storage length shall be 50-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Records Drive. 52.Construct a full access driveway on Records Drive as proposed 300-feet south of Fairview Avenue, limited to 30-feet of width. The minimum storage length shall be 50-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Records Drive. 53.Construct a full access driveway on Records Drive as proposed 500-feet south of Fairview Avenue, limited to 30-feet of driveway width. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Records Drive. 54.Construct a full access driveway on Records Drive as proposed 800-feet FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 28 south of Fairview Avenue, limited to 30-feet of driveway width. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Records Drive. 55.Construct a right-in/right-out driveway on Pine Avenue 175-feet east of Eagle Road, limited to a driveway width of 30-feet. The minimum storage length shall be 100-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Pine Avenue. A median island shall be installed in Pine Avenue from the stop bar at Eagle Road to a point 50-feet east of the driveway. 56.Construct a full access driveway on Pine Avenue as proposed 340-feet east of Eagle Road, limited to 30-feet of driveway width. The minimum storage length shall be 100-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Pine Avenue. 57.Construct a full access driveway on Pine Avenue as proposed 620-feet east of Eagle Road, limited to a driveway width of 30-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Pine Avenue. 58.Construct and install traffic calming facilities on Presidential Drive beginning at the eastern property line of the development and extending through the intersection with Fillmore Way. Coordinate the design and placement of the calming facilities with District staff and the Crossroads Subdivision Owners Association. 59.Modify the site plan to create a vehicular way behind the pads fronting on Fairview Avenue and Eagle Road (approximately 100-feet into the site) to connect Records Drive and Pine Avenue. Install curb returns at the intersections of this vehicular way with Records Drive and Presidential Drive. Install STOP signs on the access aisles intersecting with this vehicular way and install STOP signs on the vehicular way at its intersections with Records Drive, the five major driveways into the site, Presidential Drive and Pine Avenue. Coordinate the location of the vehicular way with District staff. 60.Comply with ACHD's requirement for cross access in their letter dated January 21, 1999. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 29 61.Applicant to comply with all of ACHD's Standard Requirements listed in their letter of May 14, 2001. Adopt the Recommendations of the Central District Health Department as follows: 62.Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of this project shall obtain current best management practices for storm water disposal and design a storm water management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: c. State of Idaho Catalog of Stormwater Best Management Practices For Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. d. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Worlcs Department, May 2000. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code § 1 I- 17 -9. 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 Attomey 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 Worlcs Department and any affected party requesting notice. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 30 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 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 dayof ~7/'~-'//~(4~, ,2001. ROLL CALL: COUNCILMAN RON ANDERSON COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE McCANDLESS VOTED_~ VOTED VOTED__~ VOTED MAYOR ROBERT O. COmE (TIE DATED: MOTION: APPROVED:~Z~- BREAKER) VOTED DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 31 Copy served upon Applicant, Planning and Zoning Department, Public.¥Vo'rks~ Department and the City Attorney. \\NPA_NTS40_PDCLSERVER_Z~WorkX3,1~VieridianWieridian 15360IVlkMeridian Crossroads Shopping Cntr CUP01- 019~FfCIsCUP01-019.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 32 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 07/03/01 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FORA 3,150 SQ. FT. BANI( BUILDING WITH 2 DRIVE-UP LANES IN AN I-L ZONE, LOCATED AT THE SOUTHEAST CORNER OF EAGLE ROAD AND FAIRVIEW AVENUE IN THE CROSSROADS SHOPPING CENTER, MERIDIAN, IDAHO SYRINGA BANI( AND DAKOTA COMPANY, APPLICANT Case No. CUP-01-019 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on the 3rd day of July, 2001, under the provisions of Meridian City Code § I 1-17-4 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 3,150 sq. ft. bank building with 2 drive-up lanes in an I-L zone located at the ORDER CONDITIONAL USE PERMIT CUP-01-019 -1 southeast comer of Eagle Road and Fairview Avenue in the Crossroads Shopping Center, Meridian, Idaho, subject to the following conditions of use and development: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Three copies of detailed landscape plans and irrigation performance specifications shall be required prior to the issuance of a Certificate of Zoning Compliance. All landscaping shall be continuously maintained and any dead or dying vegetation shall be replaced upon request from the City. The 11- and 12-foot-wide drive-through lanes adjacent to Fairview Avenue on the north side of the bank building shall be subject to approval by the Meridian Fire Department. All parldng and areas of circulation shall be improved with a hard surface in accordance with Meridian City Code 11-13-4.D, and shall be installed and striped in accordance with the submitted site plan and Ordinance 11-13-4.F. 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 rights-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. 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. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 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 shall be designed in accordance with ORDER CONDITIONAL USE PERMIT CUP-O 1-019 -2 Department of Enviro~m~ental 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. Trash: The trash enclosure shall be enclosed on at least three 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. A Certificate of Zoning Compliance and a Building Permit shall be obtained prior to the start of construction. 10. Landscaping shall be installed as per the approved site plan. Three copies of detailed landscape plans shall be required prior to the issuance of a Certificate of Zoning Compliance. Landscape irrigation shall be provided by the pressurized irrigation system installed as part of the Meridian Crossroads project. Adopt the Meridian Fire Department's Recommendations as follows: I1. Applicants shall satisfy all fire code requirements including those pertaining to water supply systems and fire hydrants and obtain approval from all departments. Adopt the Ada County Highway District Recommendations as follows (note: these are the recommendations proposed in 1998 and which ACHD recommend apply to this project: 12. ORDER CONDITIONAL USE PERMIT CUP-01-019 The Institute of Transportation publication "Guidelines for Planning and Designing Access Systems for Shopping Centers states that a shopping center of this magnitude shall be constructed ~vith a ring road or frontage road near the circumference of the site to expedite the movement of on-site traffic. That consideration is especially important in this situation because of the great distances from some parts of the center to the two signalized intersections with the arterial system. The -3 13. 14. 15. applicant shall be required to revise the site plan to provide internal site circulation equivalent to a public street system to ensure that intra-site circulation does not use the public street system to circulate through the adjacent subdivision to gain access to the signalized intersections on Eagle Road and Fairview Avenue. The on-site system shall roughly parallel Fairview Avenue and Eagle Road but shall not be located immediately in front of the stores. Opening of access aisles located 100- feet or more away from and parallel with Fairview Avenue and Eagle Road will fulfill this requirement. The access aisles shall be as direct as possible and provide a means of driving a vehicle from Records Drive to Pine Avenue without interruption except at the major driveways into the site and at Presidential Drive. Coordinate the internal roadway design with District staff. In order to reduce trips to and from this development it is recommended that tenants occupying the proposed building consider formation of an Alternative Transportation Program. In order to reduce trips to and from this development, the tenants occupying the proposed building(s) are urged to participate in any Transportation Management Association (TMA) or Transportation Management Organization (TMO) that is formed with a boundary that includes this site or is adjacent to this development. The District would appreciate the formation of such an entity by this complex. The applicant shall be required to construct the needed improvements to create dual left-turn lanes on the two Eagle Road approaches of the Eagle/Fairview intersection when the site development reaches 450,000 GSF. 16. The applicant shall be required to construct the needed improvements to create dual left-turn lanes on the two Eagle Road approaches of the Eagle/Pine intersection. These improvements are not needed immediately. The noted improvement is required when the site development is started south of Presidential Drive. The northbound left-turn lanes are not directly usable by the development. However, they may reduce congestion caused by trips to/from the development by providing for conflicting movements. ORDER CONDITIONAL USE PERMIT - 4 CUP-01-019 17. The applicant shall be required to construct deceleration tapers at each of the driveways on Eagle Road. 18. The applicant shall be required to construct right-turn lanes on all legs of the Fairview Avenue/Eagle Road intersection at the time the development reaches 450,000 GSF. 19. Prohibit any driveway access to Eagle Road north of the Florence Street intersection. The driveway will conflict with the operation of the free, northbound right-turn lane. Other than Pine Avenue, Presidential Drive and the driveway opposite Florence Street, prohibit any driveway access to Eagle Road. 20. Comply with requirements of ITD for Eagle Road (State Highway 55) frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. 21. Dedicate sufficient additional right-of-way to total 66-feet from centerline of Fairview Avenue from the intersection with Eagle Road for a distance of 650-feet east of the intersection, then taper to 60-feet from centerline in 200-feet, and continue 60-feet of right-of-way to the east botmdary of the development (See 4. below). The right-of-way shall be dedicated 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. 22. Dedicate sufficient right-of-way abutting Eagle Road for the future Eagle Road Interchange. Coordinate the right-of-way requirements with District staff. The right-of-way is generally described as being a minimum of 226-feet wide (113-feet east of centefline) from Fairview Avenue south for 600-feet. 23. ORDER CONDITIONAL USE PERMIT CUP-01-019 Dedicate sufficient right-of-way abutting Falrview Avenue for the future Eagle Road interchange. Coordinate the right-of-way requirements with District staff. The right-of-way is generally described as being a minimum of 176-feet wide (84-feet south of centerline) from Eagle Road east for 500-feet, then tapering to 120-feet (60 from centerline) at 1,000 feet east of Eagle Road. -5 24. Dedicate 76-feet of right-of-way (38-feet from the centerline) for Records Drive from FairviewAvenue to a point 300-feet south of Fairview Avenue and 60-feet of right-of-way (30-feet from centefline) for Records Drive from that point to the south boundary of 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. The owner shall not be compensated for this right-of-way because Records Drive is a local street. 25. Prior to beginning a phase of the development that exceeds 450,000 gross square feet, construct the needed improvements to create dual left- turn lanes on the two FairviewAvenue approaches of the Eagle/Fairview intersecrion and right-turn lanes on all legs of the intersection. The developer shall be allowed to offset the cost of the two left turn lanes on the Fairview Avenue legs of the intersection from the impact fee to be collected for the development. 26. Prior to the construction of any portion of the development south of Presidential Drive, construct the needed improvements to create dual left-turn lanes on the eastern approaches of the Eagle/Pine intersection. 27. Construct a five-foot sidewalk on Fairview Avenue abutting each development phase (approximately 2,600-feet total) prior to issuance of any Certificate of Occupancy. The construction plans for the development showing the sidewalk shall be approved prior to issuance of a building permit. 28. Construct a five-foot sidewalk on Eagle Road abutting each development phase (approximately 2,600-feet total) prior to issuance of any Certificate of Occupancy. The construction plans for the development showing the sidewalk shall be approved prior to issuance of a building permit. 29. Prior to opening of the development, construct pavement widening on Fairview Avenue to one half of an 89-foot street section abutting the parcel (approximately 2,600-feet). The applicant shall not be compensated for this construction. 30. Prior to opening of the development, construct pavement widening on ORDER CONDITIONAL USE PERMIT - 6 CUP-01-019 FairviewAvenue to add one eastbound lane from Eagle Road to a point 500-feet west where the existing improvements end. The cost of this improvement shall be offset from the road impact fee to be collected for the development. 31. Construct a five-foot sidewalk on Pine Avenue abutting each development phase (approximately 650-feet) prior to opening of any development south of Presidential Drive. 32. Construct the four driveways on Fairview Avenue as proposed. The driveways shall be located as proposed on the site plan dated 8/3/98, prepared by Quadrant Consulting, Inc. and on file with the District: approximately 440-feet, 940-feet, 1,510-feet, and 2,480-feet east of Eagle Road respectively. 33. The western driveway on Fairview Avenu~ (Driveway A) is to be constructed as a right-in/right-out driveway, with driveway width limited to 30-feet and a minimum storage length of 50-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Fairview Avenue. Extend the existing median island in Fairview Avenue from its easterly terminus to a point 50-feet east of the eastern edge of driveway A and construct pavement tapers with 15-foot radii. 34. The second driveway on Fairview Avenue (Driveway B) is to be constructed as a full access driveway with a width limited to 40-feet. The minimum storage length shall be 100-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Fairview Avenue. Construct pavement tapers with 15-foot radii. ORDER CONDITIONAL USE PERMIT CUP-01-019 35. The third driveway on Fairview Avenue (Driveway C) is to be constructed as a full access driveway with a driveway width limited to 40-feet. The minimum storage length shall be 100-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Fairview Avenue. Construct pavement tapers with 15-foot radii. 36. The fourth driveway on Fairview Avenue (Driveway D) is to be constructed as a full access driveway with a driveway width limited to zt0-feet. The minimum storage length shall be 100-feet for outbound traffic and 50-feet for inbound traffic. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Fairview Avenue. Construct pavement tapers with 15-foot radii. -7 37. Construct Records Drive as a 65-£oot street section (with curb, gutter and five-foot sidewalk) from Fairview Avenue to a point 300-feet south of Fairview Avenue. Records Drive shall be located approximately 2,100-feet east of Eagle Road. Widen the approach to Fairview Avenue to provide two northbound left turn lanes and one northbound through/right-turn lane. Two southbound lanes are needed from Fairview Avenue to a point 300-feet south of Fairview. Dedicate sufficient right-of-way for the noted improvements. 38. Construct Records Drive as a 41-foot street section (with curb, gutter and five-foot sidewalk) from a point 300-feet south of Fairview Avenue to the existing stub street within the Crossroads subdivision. 39. Construct a traffic signal at the Fairview/Records intersection. Provide and install an Opticom device for emergency vehicle pre-emption of the signal to the satisfaction of ACHD and the Meridian Fire Department. Other materials for the traffic signal are to be purchased from ACHD or be demonstrated to meet ACHD specifications. The signal shall be designed to allow the future construction of dual left-turn lanes on Fairview Avenue. The applicant shall be responsible for the entire cost of the signal installation. Submit the signal design to District staff for approval prior to construction. 40. Construct a driveway on Eagle Road aligned with Florence Street as a full access driveway. The driveway width shall be limited to 40-feet. The minimum storage length should be 100-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Eagle Road. This driveway may be restricted to right-in/right-out movement in the future. Construct a deceleration lane for the driveway. 41. Construct Pine Avenue as a 28-foot street section from the project's eastern property line to a point approximately 400-feet east of Eagle Road. Widen the approach to Eagle Road to provide two westbound left turn lanes, one westbound through lane and one westbound right- turn lane. Coordinate the roadway design with District staff. 42. Prior to the commencement of construction of the area south of Presidential Drive, construct a traffic signal at the Eagle/Pine intersection. Provide and install Opticom device (an optical ORDER CONDITIONAL USE PERMIT CUP-O 1-019 -8 43. 44. 45. communication device for emergency vehicle pre-emption of the signal operation) as part of the signal installation. The District shall provide the materials for the signal (with the exception of the Opticom device) as its share of the entire Pine Avenue construction from Eagle Road to the east boundary of the development. Submit the signal design to District staff for approval prior to construction. Should the ACHD roadway project to extend Pine Avenue from Eagle Road to Cloverdale Road precede the development expansion south of Presidential Drive, all features related to Pine Avenue are to be constructed by the applicant prior to the building permit issuance for the development south of Presidential Drive or the cost therefor paid to the District. Specifically, this includes the extra left-turn lanes onto and off of Eagle Road and into the full access driveway from Pine Avenue into the development. Reconstruct the western median in Presidential Drive to provide a left turn lane at the entrance to the project site (at the store fronts). Provide a minimum of 100-feet of storage area for the new turn lane. Coordinate the roadway design with District staff. Construct a full access driveway on Presidential Drive as proposed 340- feet east of Eagle Road. The driveway width shall be limited to 30-feet. The minimum storage length shall be 50-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Presidential Drive. 46. Construct a full-access driveway connection to Presidential Drive at the midpoint between Eagle Road and the project roadway in front of the stores. The minimum storage length should be 50-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Presidential Drive. 47. Construct a full access driveway on Presidential Drive as proposed 620- feet east of Eagle Road. The driveway width shall be limited to 30-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Presidential Drive. 48. Reconstruct the westbound approach at the Eagle Road/Presidential Drive intersection to provide two westbound travel lanes. Coordinate ORDER CONDITIONAL USE PERMIT - 9 CUP-01-019 49. 50. 51. 52. 53. the roadway design with District staff. Construct deceleration tapers at each of the driveways on Eagle Road. Coordinate the design with ITD staff. Other than the access point(s) specifically approved with this application, direct lot or parcel access to Pine Avenue or Fairview Avenue is prohibited. Construct a full access driveway on Records Drive as proposed 175-feet south of Fairview Avenue, limited to 30-feet of driveway width. The minimum storage length shall be 50-feet. Install a 36!' by 36" high intensity STOP sign at the driveway's intersection with Records Drive. Construct a full access driveway on Records Drive as proposed 300-feet south of Fairview Avenue, limited to 30-feet of width. The minimum .storage length shall be 50-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Records Drive. Construct a full access driveway on Records Drive as proposed 500-feet south of Fairview Avenue, limited to 30-feet of driveway width. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Records Drive. 54. Construct a full access driveway on Records Drive as proposed 800-feet south of Fairview Avenue, limited to 30-feet of driveway width. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Records Drive. 55. Construct a right-in/right-out driveway on Pine Avenue 175-feet east of Eagle Road, limited to a driveway width of 30-feet. The minimum storage length shall be 100-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Pine Avenue. A median island shall be installed in Pine Avenue from the stop bar at Eagle Road to a point 50-feet east of the driveway. 56. Construct a full access driveway on Pine Avenue as proposed 340-feet east of Eagle Road, limited to 30-feet of driveway width. The mi~imum storage length shall be 100-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Pine Avenue. ORDER CONDITIONAL USE PERMIT - I 0 CUP-01-019 57. Construct a full access driveway on Pine Avenue as proposed 620-feet east of Eagle Road, linfited to a driveway width of 30-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Pine Avenue. 58. Construct and install traffic calming facilities on Presidential Drive beginning at the eastern property line of the development and extending through the intersection with Fillmore Way, Coordinate the design and placement of the calming facilities with District staff and the Crossroads Subdivision Owners Association. 59. Modify the site plan tO create a vehicular way behind the pads fronting on Fairview Avenue and Eagle Road (approximately 100-feet into the site) to connect Records Drive and Pine Avenue. Install curb returns at the intersections of this vehicular way with Records Drive and Presidential Drive. Install STOP signs on the access aisles intersecting with this vehicular way and install STOP signs on the vehicular way at its intersections with Records Drive, the five major driveways into the site, Presidential Drive and Pine Avenue. Coordinate the location of the vehicular way with District staff. 60. Comply with ACHD's requirement for cross access in their letter dated lanuary 21, 1999. 61. Applicant to comply with all of ACHD's Standard Requirements listed in their letter of May 14, 2001. Adopt the Recommendations of the Central District Health Department as follows: 62. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of this project shall obtain current best management practices for storm water disposal and design a storm water management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: a. State of ldaho Catalog of Stormwater Best Management Practices For Idaho ORDER CONDITIONAL USE PERMIT - 11 CUP-01-019 Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. b. Swrm~vater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 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. Notice to Permit Holder, this conditional use permi~ 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 /?5 ,2001. ~.~-~;~eridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. Dated: City Clerk ~. Z:\Work~iX~Vleridian~Vieridia n 15360M~le~idian Crossroads Shopping Cntr CLrP01-019\O t de r~(~ ORDER CONDITIONAL USE PERMIT CUP-01-019 WHITE PETERSON WHfrE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. 200 E~t$T C ~&TON AV~., SUITE 31 POST OFFIC~ BOXI 150 MERmI~U~, I~a~o 83680-1150 Tm (20g)28~2499 NAMPA OFFICE 5700 ~. r~aact~ ~., ~. 200 RECEIVED June 26, 2001 JUL - § 2001 To: Staff ~licant cted Property Owner(s) CITY OF ~ERIDIAN Re: Application Case No. CUP-01-019 FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING COMMISSION Staff, Applicant and/or Affected Property Owner(s): Please note that these Findings and Recommendations of the Planning and Zoning Commission shall be presented to the City Council at the public hearing on the above reference~t matter .by the Planning and Zoning gxtministrator. Due to the volume of matters which the City Council must decide, and to insure your position is understood and .dear, it is impqrtant to have a consistent format by which matters are presented at the public hearings before the City Council. The City Council strongly recommends: 1. That yqu take time to carefulhZ review the Findings and Recommendations of the Plannin[ and Zoning Commission, and be prepared to state your position on-this application by addressing the Findings and Recommendations of th& Planning and Zoning Commission; and 2. That you carefull~r, complete. (be s,.ure .it is legible) the Posi.tion Statement if you disagree v~th the Findings and-Recommendations of the Pl.,mm. ~ng a.nd .Zom~ng Commission. The Position Statement form for this application is avaihblc at the City Clerk's office. It is recommended that you prepare a Position Statement and deliver it t? .the City Clerk prior to the hearing, if possible. 'If that is not possible, please present your Position Statement to the City Council at'the hearing, along with eight (g) copies. The copies will be presented to the Mayor, Council, Planning and Zoning Administrator, Public Worts an.d the City Attorney. If you are a part of a gropp, it is strongly_ recommended that one Position Stat' ement b~filled o' ut for th~group, whicl/'can be signed by the representative for the group. BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FORA 3,150 SQ. FT. BANI( BUILDING WITH 2 DRIVE-UP LANES IN AN I-L ZONE SYRINGA BANK AND DAKOTA COMPANY Applicant ) ) ) ) ) ) ) ) ) Case No. CUP-01-019 RECOMMENDATION TO CITY COUNCIL 1. The property is located at the southeast comer of Eagle Road and Fairview Avenue in the Crossroads Shopping Center, Meridian, Idaho. 2. The owner of record of the subject property is TFCM Associates LLC of Salt Lake City, Utah. 3. Applicant is Syringa Bank of Boise, and Dalcota Company of Boise. 4. The subject property is currently zoned I-L. The zoning district of I-L is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7~2. 5. The proposed application requests a conditional use permit for a free- standing bank building with a drive-up window. The I-L 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. RECOMMENDATION TO CITY COUNCIL - I CONDITIONAL USE PERMIT w 3,150 SQ. FT. BANK BUILDING WITH 2 DRIVE.UP LANES -- SYRINGA BANK & DAKOTA COMPANY (Meridian City Zoning and Development Ordinance, Section 11-8-I). 6. The Meridian Planning and Zoning Commission recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 7. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Policy. RECOMMENDATION 1. The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit as requested by the applicant, subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Three copies of detailed landscape plans and irrigation performance specifications will be required prior to the issuance of a Certificate of Zoning Compliance. All landscaping shall be continuously maintained and any dead or dying vegetation shall be replaced upon request from the City. The 11- and 12-foot-wide drive-through lanes adjacent to Fairview Avenue on the north side of the bank building shall be subject to approval by the Meridian Fire Department. All parking and areas of circulation shall be improved with a hard surface in accordance with Meridian City Code I 1-13-4.D, and shall be installed and striped in accordance with the submitted site plan and Ordinance 11-134.F. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the RECOMMENDATION TO CITY COUNCIL - 2 CONDITIONAL USE PERMIT -- 3,150 SQ. FT. BANK BUILDING WITH 2 DRIVE-UP LANES -- SYRINGA BANK & DAKOTA COMPANY light does not spill over onto adjacent properties or rights-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. 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 will be removed upon 3 days notice to the applicant. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into 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. Trash: The trash enclosure shall be enclosed on at least three sides by a solid wall or fight-obscuring fence at least four feet in height in accordance with Ordinance 11-12-1C. Coordinate location and construction requirements with Sanitary Services, Inc. A Certificate of Zoning Compliance and a Building Permit shall be obtained prior to the start of construction. 10. Landscaping shall be installed as per the approved site plan. Three copies of detailed landscape plans will be required prior to the issuance of a Certificate of Zoning Compliance. Landscape irrigation shall be provided by the pressurized irrigation system installed as part of the Meridian Crossroads project. RECOMMENDATION TO CITY COUNCIL - 3 CONDITIONAL USE PERMIT -- 3,150 SQ. FT. BANK BUILDING WITH 2 DRIVE-UP LANES -- SYRINGA BANK & DAKOTA COMPANY Adopt the Meridian Fire Department's Recommendations as follows: 11. Applicants shall satisfy all fire code requirements including those pertaining to water supply systems and fire hydrants and obtain approval from all departments. Adopt the Ada County Highway District Recommendations as follows (note: these are the recommendations proposed in 1998 and which ACHD recommend apply to this project: 12. The Institute of Transportation publication "Guidelines for Planning and Designing Access Systems for Shopping Centers states that a shopping center of this magnitude should be constructed with a ring road or frontage road near the circumference of the site to expedite the movement of on-site traffic. That consideration is especially important in this situation because of the great distances from some parts of the center to the two signalized intersections with the arterial system. The applicant should be required to revise the site plan to provide internal site circulation equivalent to a public street system to ensure that intra- site circulation does not use the public street system to circulate through the adjacent subdivision to gain access to the signalized intersections on Eagle Road and Fairview Avenue. The on-site system should roughly parallel Fairview Avenue and Eagle Road but should not be located immediately in front of the stores. Opening of access aisles located 100-feet or more away from and parallel with Fairview Avenue and Eagle Road will fulfill this requirement. The access aisles should be as direct as possible and provide a means of driving a vehicle from Records Drive to Pine Avenue without interruption except at the major driveways into the site and at Presidential Drive. Coordinate the internal roadway design with District staff. 13. In order to reduce trips to and from this development it is recommended that tenants occupying the proposed building consider formation of an Alternative Transportation Program. 14. In order to reduce trips to and from this development, the tenants occupying the proposed building(s) are urged to participate in any Transportation Management Association (TMA) or Transportation RECOMMENDATION TO CITY COUNCIL - 4 CONDITIONAL USE PERMIT -- 3,150 SQ. FT. BANK BUILDING WITH 2 DRIVE-UP LANES -- SYRINGA BANK & DAKOTA COMPANY 15. Management Organization (TMO) that is formed with a boundary that includes this site or is adjacent to this development. The District would appreciate the formation of such an entity by this complex. The applicant should be required to construct the needed improvements to create dual left-turn lanes on the two Eagle Road approaches of the Eagle/Fairview intersection when the site development reaches 450,000 GSF. 16. 17. 18. 19. 20. 21. The applicant should be required to construct the needed improvements to create dual left-tm lanes on the two Eagle Road approaches of the Eagle/Pine intersection. These improvements are not needed immediately. The noted improvement is required when the site development is started south of Presidential Drive. The northbound left-tm lanes are not directly usable by the development. However, they may reduce congestion caused by trips to/from the development by providing for conflicting movements. The applicant should be required to construct deceleration tapers at each of the driveways on Eagle Road. The applicant should be required to construct right-turn lanes on all legs of the Fairview Avenue/Eagle Road intersection at the time the development reaches 450,000 GSF. Prohibit any driveway access to Eagle Road north of the Florence Street intersection. The driveway will conflict with the operation of the free, northbound right-turn lane. Other than Pine Avenue, Presidential Drive and the driveway opposite Florence Street, prohibit any driveway access to Eagle Road. Comply with requirements of ITD for Eagle Road (State Highway 55) frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Dedicate sufficient additional right-of-way to total 66-feet from centetline of Fairview Avenue from the intersection with Eagle Road for RECOMMENDATION TO CITY COUNCIL - 5 CONDITIONAL USE PERMIT -- 3,150 SQ. FT. BANI( BUILDING WITH 2 DRIVE-UP LANES -- SYRINGA BANK & DAKOTA COMPANY 22. 23. 24. 25. a distance of 650-feet east of the intersection, then taper to 60-feet from centerline in 200-feet, and continue 60-feet of right-of-way to the east boundary of the development (See 4. below). The right-of-way should be dedicated 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. Dedicate sufficient right-of-way abutting Eagle Road for the future Eagle Road Interchange. Coordinate the right-of-way requirements with District staff. The right-of-way is generally described as being a minimum of 226-feet wide (113-feet east of centefline) from Fairview Avenue south for 600-feet. Dedicate sufficient right-of-way abutting Fairview Avenue for the future Eagle Road interchange. Coordinate the right-of-way requirements with District staff. The right-of-way is generally described as being a minimum of 176-feet wide (84-feet south of centefline) from Eagle Road east for 500-feet, then tapering to 120-feet (60 from centefline) at 1,000 feet east of Eagle Road. Dedicate 76-feet of right-of-way (38-feet from the centefline) for Records Drive from Fairview Avenue to a point 300-feet south of Fairview Avenue and 60-feet of right-of-way (30-feet from centefline) for Records Drive from that point to the south boundary of 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. The owner will not be compensated for this right-of-way because Records Drive is a local street. Prior to beginning a phase of the development that exceeds 450,000 gross square feet, construct the needed improvements to create dual left- turn lanes on the two Fairview Avenue approaches of the Eagle/Fairview intersection and fight-turn lanes on all legs of the intersection. The developer will be allowed to offset the cost of the two left turn lanes on the Fairview Avenue legs of the intersection from the impact fee to be collected for the development. RECOMMENDATION TO CITY COUNCIL - 6 CONDITIONAL USE PERMIT -- 3,150 SQ. FT. BANI( BUILDING WITH 2 DRIVE-UP IANES m SYRINGA BANK & DAKOTA COMPANY 26. 27. 28. 29. 30. 31. Prior to the construction of any portion of the development south of Presidential Drive, construct the needed improvements to create dual left-turn lanes on the eastern approaches of the Eagle/Pine intersection. 32. Construct a five-foot sidewalk on Falrview Avenue abutting each development phase (approximately 2,600-feet total) prior to issuance of any Certificate of Occupancy. The construction plans for the development showing the sidewalk must be approved prior to issuance of a building permit. Construct a five-foot sidewalk on Eagle Road abutting each development phase (approximately 2,600-feet total) prior to issuance of any Certificate of Occupancy. The construction plans for the development showing the sidewalk must be approved prior to issuance of a building permit. Prior to opening of the development, construct pavement widening on Fairview Avenue to one half of an 89-foot street section abutting the parcel (approximately 2,600-feet). The applicant will not be compensated for this construction. Prior to opening of the development, construct pavement widening on Fairview Avenue to add one eastbound lane from Eagle Road to a point 500-feet west where the existing improvements end. The cost of this improvement will be offset from the road impact fee to be collected for the development. Construct a five-foot sidewalk on Pine Avenue abutting each development phase (approximately 650-feet) prior to opening of any development south of Presidential Drive. Construct the four driveways on Fairview Avenue as proposed. The driveways should be located as proposed on the site plan dated 8/3/98, prepan/d by Quadrant Consulting, Inc. and on file with the District: approximately 440-feet, 940-feet, 1,510-feet, and 2,480-feet east of Eagle Road respectively. 33. The western driveway on FairviewAvenue (Driveway A) is to be RECOMMENDATION TO CITY COUNCIL - 7 CONDITIONAL USE PERMIT -- 3,150 SQ. FT. BANK BUILDING WITH 2 DRIVE.UP LANES -- SYRINGA BANK & DAKOTA COMPANY 34. 35. 36. 37. 38. constructed as a right-in/right-out driveway, with driveway width limited to 30-feet and a minimum storage length of 50-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Fairview Avenue. Extend the existing median island in Fairview Avenue from its easterly terminus to a point 50-feet east of the eastern edge of driveway A and construct pavement tapers with 15-foot radii. The second driveway on Fairview Avenue (Driveway B) is to be constructed as a full access driveway with a width limited to 40-feet. The minimum storage length shall be 100-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Fairview Avenue. Construct pavement tapers with 15-foot radii. The third driveway on Fairview Avenue (Driveway C) is to be constructed as a full access driveway with a driveway width limited to 40-feet. The minimum storage length shall be lO0-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with FairviewAvenue. Construct pavement taperswith 15-foot radii. The fourth driveway on Fairview Avenue (Driveway D) is to be constructed as a full access driveway with a driveway width limited to 40-feet. The minimum storage length shall be ! 00-feet for outbound traffic and 50-feet for inbound traffic. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Fairview Avenue. Construct pavement tapers with 15-foot radii. Construct Records Drive as a 65-foot street section (with curb, gutter and five-foot sidewalk) from Fairview Avenue to a point 300-feet south of Faivdew Avenue. Records Drive should be located approximately 2,100-feet east of Eagle Road. Widen the approach to Fairview Avenue to provide two northbound left turn lanes and one northbound through/right.turn lane. Two southbound lanes are needed from Faindew Avenue to a point 300-feet south of Fairview. Dedicate s fficaent right-of-way for the noted ~mprovements. Construct Records Drive as a 41-foot street section (with curb, gutter and five-foot sidewalk) from a point 300-feet south of Fairview Avenue to the existing stub street within the Crossroads subdivision. RECOMMENDATION TO CITY COUNCIL - 8 CONDITIONAL USE PERMIT -- 3,150 SQ. FT. BANK BUILDING WITH 2 DRIVE-UP LANES -- SYRINGA BANK & DAKOTA COMPANY 39. 40. 41. 42. 43. Construct a traffic signal at the Fairview/Records intersection. Provide and install an Opticom device for emergency vehicle pre-emption of the signal to the satisfaction of ACHD and the Meridian Fire Department. Other materials for the traffic signal are to be purchased from ACHD or be demonstrated to meet ACHD specifications. The signal should be designed to allow the future construction of dual left-turn lanes on FairviewAvenue. The applicant will be responsible for the entire cost of the signal installation. Submit the signal design to District staff for approval prior to construction. Construct a driveway on Eagle Road aligned with Florence Street as a full access driveway. The driveway width should be limited to 40-feet. The minimum storage length should be 100-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Eagle Road. This driveway may be restricted to right-in/right-out movement in the future. Construct a deceleration lane for the driveway. Construct Pine Avenue as a 28-foot street section from the project's eastern property line to a point approximately 400-feet east of Eagle Road. Widen the approach to Eagle Road to provide two westbound left turn lanes, one westbound through lane and one westbound right- turn lane. Coordinate the roadway design with District staff. Prior to the commencement of construction of the area south of Presidential Drive, construct a traffic signal at the Eagle/Pine intersection. Provide and install Opticom device (an optical communication device for emergency vehicle pre-emption of the signal operation) as part of the signal installation. The District will provide the materials for the signal (with the exception of the Opticom device) as its share of the entire Pine Avenue construction from Eagle Road to the east boundary of the development. Submit the signal design to District staff for approval prior to construction. Should the ACHD roadway project to extend Pine Avenue from Eagle Road to Cloverdale Road precede the development expansion south of Presidential Drive, all features related to Pine Avenue are to be constructed by the applicant prior to the building permit issuance for RECOMMENDATION TO CITY COUNCIL - 9 CONDITIONAL USE PERMIT -- 3,150 SQ. FT. BANK BUILDING WITH 2 DRIVE-UP LANES -- SYRINGA BANI( & DAKOTA COMPANY 44. 45. the development south of Presidential Drive or the cost therefor paid to the District. Specifically, this includes the extra left-turn lanes onto and off of Eagle Road and into the full access driveway from Pine Avenue into the development. Reconstruct the western median in Presidential Drive to provide a left turn lane at the entrance to the project site (at the store fronts). Provide a minimum of 100-feet of storage area for the new turn lane. Coordinate the roadway design with District staff. Construct a full access driveway on Presidential Drive as proposed 340- feet east of Eagle Road. The driveway width should be limited to 30- feet. The minimum storage length should be 50-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Presidential Drive. 46. Construct a full-access driveway connection to Presidential Drive at the midpoint between Eagle Road and the proiect roadway in front of the stores. The minimum storage length should be 50-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Presidential Drive. 47. 48. 49. 50. Construct a full access driveway on Presidential Drive as proposed 620- feet east of Eagle Road. The driveway width should be limited to 30- feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Presidential Drive. Reconstruct the westbound approach at the Eagle Road/Presidential Drive intersection to provide two westbound travel lanes. Coordinate the roadway design with District staff. Construct deceleration tapers at each of the driveways on Eagle Road. Coordinate the design with ITD staff. Other than the access point(s) specifically approved with this application, direct lot or parcel access to Pine Avenue or Fairview Avenue is prohibited. RECOMMENDATION TO CITY COUNCIL - 10 CONDITIONAL USE PERMIT -- 3,150 SQ. FT. BANK BUILDING WITH 2 DRIVE-UP LANES m SYRINGA BANK & DAKOTA COMPANY 51. 52. 53. 54. 55. 56. 57. Construct a full access driveway on Records Drive as proposed 175-feet south of Fairview Avenue, limited to 30-feet of driveway width. The minimum storage length should be 50-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Records Drive. Construct a full access driveway on Records Drive as proposed 300-feet south of Fairview Avenue, limited to 30ofeet of width. The minimum storage length should be 50-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Records Drive. Construct a full access driveway on Records Drive as proposed 500-feet south of Fairview Avenue, limited to 30-feet of driveway width. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Records Drive. Construct a full access driveway on Records Drive as proposed 800-feet south of Fairview Avenue, limited to 30-feet of driveway width. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Records Drive. Construct a right-in/fight-out driveway on Pine Avenue 175-feet east of Eagle Road, limited to a driveway width of 30-feet. The minimum storage length shall be 100-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Pine Avenue. A median island shall be installed in Pine Avenue from the stop bar at Eagle Road to a point 50-feet east of the driveway. Construct a full access driveway on Pine Avenue as proposed 340-feet east of Eagle Road, limited to 30-feet of driveway width. The minimum storage length should be 100-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Pine Avenue. Construct a full access driveway on Pine Avenue as proposed 620-feet east of Eagle Road, limited to a driveway width of 30ofeet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Pine Avenue. 58. Construct and install traffic calming facilities on Presidential Drive RECOMMENDATION TO CITY COUNCIL - 11 CONDITIONAL USE PERMIT t 3,150 SQ. FT. BANK BUILDING WITH 2 DRIVE-UP LANES t SYRINGA BANK & DAKOTA COMPANY beginning at the eastern property line of the development and extending through the intersection with Fillmore Way. Coordinate the design and placement of the calming facilities with District staff and the Crossroads Subdivision Owners Association. 59. Modify the site plan to create a vehicular way behind the pads fronting on Fairview Avenue and Eagle Road (approximately 100-feet into the site) to connect Records Drive and Pine Avenue. Install curb returns at the intersections of this vehicular way with Records Drive and Presidential Drive. Install STOP signs on the access aisles intersecting with this vehicular way and install STOP signs on the vehicular way at its intersections with Records Drive, the five major driveways into the site, Presidential Drive and Pine Avenue. Coordinate the location of the vehicular way with District staff. ey/Z:\Work~lWleridi&n~vleridian 15360Ivf~Recommendations\CUP01019Syfing~wpd RECOMMENDATION TO CITY COUNCIL - 12 CONDITIONAL USE PERMIT -- 3,150 SQ. FT. BANI( BUILDING WITH 2 DRIVE-UP LANES B SYRINGA BANK & DAKOTA COMPANY