Loading...
HomeMy WebLinkAboutWashington Trust BankCUP03-018BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 05/20/03 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A BANK WITH A DRIVE-THROUGH IN AN I-L ZONE, LOCATED ON LOT 1, BLOCK 1, PRESIDENTIAL SUBDIVISION, ON THE SOUTH- EAST CORNER OF E. PRESIDENTIAL DRIVE AND N. EAGLE ROAD, MERIDIAN, IDAHO Case No. CUP-03-018 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT RUSS WOLFE, APPLICANT The above entitled conditional use permit application having come before the City Council on May 27, 2003 at the hour of 7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Brad Hawkins-Clark Planner III for the Planning and Zoning Department, and Dean Oberst, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to- wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERNIIT PAGE 1 OF 23 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 May 27, 2003, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made auallable to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the May 27, 2003, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in an I-L zone and by reason of the provisions of the Meridian City Code § 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located on Lot 1, Block 1, Presidential Subdivision, on the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 2 OF 23 southeast comer of E. Presidential Drive and N. Eagle Road, Meridian, Idaho 83642. 5. The owner of record of the subject property is Hermes & Associates, 3300 Enterprise Parkway, Beachwood, Ohio 44122. 6. Applicant is Russ Wolfe, 204 N. Division, Ste. E, Spokane, Washington 99202. The subject property is currently zoned I-L (Light Industrial). The zoning district of I-L is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7- 2. The proposed application requests a conditional use permit for a bank with a drive-through in an I-L zone. The I-L zoning designation is within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section i1-8-1). 9. The proposed application is in compliance with the Meridian Comprehensive Plan, which designates the subject property as "Light Industrial". 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 3 OF 23 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: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: CONDITIONS OF APPROVAL 1. Sanitary sewer and water service shall be from existing main lines on the property. Applicant shall be responsible for the relocation of the existing water main that is in conflict with the proposed building. The existing easement associated with the water main shall be vacated and new easement shall be dedicated prior to the issuance of an occupancy permit for the new bank facility. 2. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of--way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. 3. All signage shall be in accordance with the standards set forth in Section 11-14 ofthe City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. 4. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. 5. The linearly arranged parking lots on the east and west side of the property shall be revised to include landscape islands pursuant to MCC 12-13-11, thereby reducing the number of parking stalls linearly arranged to less than twelve in a row pursuant to MCC 12-13-11- 3C. All parking shall be striped and improved in accordance with the Meridian City Code. 6. Revise the landscape plan in the following manner: (A) Include one tree for every thirty-five lineal feet lying adjacent to the perimeter of the property (adjacent to the south and eastern side of the property). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 4 OF 23 (B) Revise the perimeter landscape buffer on the southern side of the property to include at least a five foot (5') wide landscape buffer adjacent to the parking and drive aisle. (C) Include landscape islands in the east and west side of the parking lots in accordance with the MCC as noted above (#5) 7. Ten copies of a revised site plan and landscaping plan have been submitted to the City Clerk's office for this project. 8. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of E nvironmental Q uality 1997 p ublication C atalog o f S torm 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. 9. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained byproviding surety to the City in the form of a letter ofcredit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. B. Adopt the Recommendations ofthe Meridian Fire Department as follows: 1. Provide afire-flow per the Uniform Fire Code Appendix III-A to service the project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. All roads shall have a turning radius of 28' inside and 48' outside. 4. All access roads within the project shall have a clear driving surface with a minimum width of 20' available at all times. UFC 902.2.2.1 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 5 OF 23 6. Provide a vertical clearance of 13'6" in drive thru areas. The developer has indicated that a 20' fire lane will be provided on the South edge of the project, thereby allowing a 12' canopy to be used only for bank customers. The curb in this area will be required to be signed "No Parking Fire Lane". C. Adopt the Recommendations of Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy Swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. D. Adopt the Recommendations of ACHD as follows: Site Specific Requirements 1. Comply with all requirements associated with MCUP-17-98, as approved on September 23, 1998. 2. 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. Contact District III Traffic Engineer Lance Johnson at 334-8340. 3. Prior to final plat approval, the applicant shall enter into a development agreement for the design and construction of the traffic signal at Eagle Road and Pine Avenue, and any associated improvements. The applicant shall 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 shaze of the entire Pine Avenue construction from Eagle Road FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 6 OF 23 to the east boundary of the development. The District will also provide signal inspection, and will contribute a portion of the design fee. Submit the signal design to District staff for approval prior to construction. The applicant shall also widen the approach to Eagle Road to provide two westbound left turn lanes, and one westbound through/right-tum lane. Should the ACRD roadway project to extend Pine Avenue from Eagle Road to Cloverdale Road occur prior to this development, all features related to Pine Avenue are to be constructed by the applicant prior to final plat approval, or the cost therefor paid to the District. Specifically, this includes the extra left-tum lanes onto and off of Eagle Road and into the full access driveway from Pine Avenue into the development. 4. Prior to final plat approval, construct Pine Avenue as a 28-foot street section from the project's eastern property line to Eagle Road abutting the entire subdivision. Coordinate the roadway design with District staff. 5. Prior to final plat approval, construct afive-foot sidewalk on Pine Avenue from the project's eastern property line to Eagle Road abutting the entire subdivision. 6. Construct aright-in/right-out driveway on Pine Avenue a minimum 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. 7. Construct a full access driveway on Pine Avenue as proposed approximately 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. 8. Construct a full access driveway on Pine Avenue as proposed approximately 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. 9. Other than the access points specifically approved with this application, direct lot or parcel access to Pine Avenue is prohibited. 10. Other than the previously approved driveways on Presidential Drive, direct lot or parcel access to Presidential Drive is prohibited. The approved driveways shall be: • located 175-feet east of Eagle Road. The driveway width shall be limited to 30- feet, with the minimum storage length of 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 CONDTTIONAL USE PERMIT PAGE 7 OF 23 • located at the midpoint (340-feet from Eagle Road) between Eagle Road and the project roadway in front of the stores. The driveway width shall be limited to 30-feet, with the minimum storage length of 50-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Presidential Drive. • located 620-feet east of Eagle Road. The driveway width shall be limited to 30- feet, with the minimum storage length of 50-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Presidential Drive. 11. Prior to any occupancy within Presidential Subdivision, 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. 12. 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. 13. Provide a recorded cross access easement among all of the lots in the subdivision for access to the public streets prior to final plat approval. Standard Requirements: 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The written request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regazding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 8 OF 23 2. After ACRD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. It is the responsibility of the applicant to verify all existing utilities within the right-of--way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACRD. The applicant shall be required to call DIGLIlVE (1-800- 342-1585) at least two full business days prior to breaking ground within ACHD right-of- way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 8. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 9. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 9 OF 23 regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject propertyunless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. E. Adopt the Recommendations of Sanitary Service as follows: Insure that a minimum 10' clearance shall be inside the opened enclosure gates. F. Adopt the action of the City Council taken at their May 27, 2003 meeting as follows: 1. For clarification, the revised Site Plan and Landscape Plan for this project aze dated: Re-Submitted 0 5.15.03 a nd R eceived M ay 16, 2 003 C ity o f M eridian City Clerk Office. 2. The owner's representative, Russell Wolfe, has provided a clarification letter dated May 15, 2003, but they are in agreement with the Planning and Zoning Commission's Recommendations. Said letter is on file with the City Clerk's office, 33 E. Idaho Street, Meridian, Idaho. 13. It is found that the subject property is lazge enough to accommodate the required open spaces, parking, landscaping and other features required by the ordinance. The modifications to the site plan, landscaping and pazking plans, in order to be in compliance with the MCC, have been made as follows: a. All landscaping adjacent to pazking and drive aisles are at least five feet in width and have at least one tree (2" caliper) for every 35 lineal feet pursuant to MCC 12-13-11 2 B&C and 12-13-113 E. b. There are no more than 12 pazking stalls in a row with interior landscape islands (measuring at least 5' in width, 50 square feet in size, with at least one tree) pursuant to MCC 12-13-11-3 C. 14. The current Comprehensive Plan Land Use Map designates the property as "Commercial" and it is zoned I-L (with an approved CUP). It is found that the requested use is FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 10 OF 23 in compliance with the approved Future Lane Use Map and that if approved as a CUP the project will be in compliance with the MCC. 15. It is found that the proposed development will not adversely change the essential character of the general vicinity and will be harmonious with the intended character of the same area. 16. It is not anticipated that the proposed use will have an adverse impact on other properties within the vicinity. 17. It is found that the proposed development can be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, and sewer. 18. That the proposed bank use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. 19. It is not anticipated that the proposed use will be detrimental to the general welfare of the community by means of increased traffic, noise, smoke firmes, glare or odors generated by the use. 20. It is found that the proposed use will not create significant interference with traffic on the surrounding public streets. 21. It is found that the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance by the issuance of this conditional use. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 11 OF 23 CONCLUSIONS OF LAW The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 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 pennits 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 specia] use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code § 11-17-3) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, pazking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; c. That the design, construction, operation and maintenance will be compatible with FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 23 other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essenfial character of the same area; d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and i. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 5. Prior to granting a conditional use permit in the Light Industrial (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 Pennit, the applicant and the Comrission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTfIONAL USE PERMIT PAGE 13 OF 23 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code § 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 14 OF 23 DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: That the above named applicant is granted a conditional use permit for a bank with adrive-thrn in an I-L zone located on Lot 1, Block 1, Presidential Subdivision, on the southeast corner of E. Presidential Drive and N. Eagle Road, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: CONDITIONS OF APPROVAL 1. Sanitary sewer and water service shall be from existing main lines on the property. Applicant shall be responsible for the relocation ofthe existing water main that is in conflict with the proposed building. The existing easement associated with the water main shall be vacated and new easement shall be dedicated prior to the issuance of an occupancy permit for the new bank facility. 2. All exterior lighting, whether attached to the building or located within the parking lot, shall bedown-shielded or otherwise altered so that the light does not spill over onto adjacent properties orright-of--way. All parking lot lighting shall be in accordance with Ordinance 11- 13-4C. 3. All signage shall be in accordance with the standazds set forth in Section 11-14 ofthe City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. 4. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERNIlT PAGE 15 OF 23 5. The linearly arranged parking lots on the east and west side of the property shall be revised to include landscape islands pursuant to MCC 12-13-11, therebyreducing the number of parking stalls linearly arranged to less than twelve in a row pursuant to MCC 12-13-11- 3C. All parking shall be striped and improved in accordance with the Meridian City Code. 6. Revise the landscape plan in the following manner: (A) Include one tree for everythirty-five lineal feet lying adj acent to the perimeter of the property (adjacent to the south and eastern side of the property). (B) Revise the perimeter landscape buffer on the southern side of the property to include at least a five foot (5') wide landscape buffer adjacent to the parking and drive aisle. (C) Include landscape islands in the east and west side of the parking lots in accordance with the MCC as noted above (#5) 7. Ten copies of a revised site plan and landscaping plan have been submitted to the City Clerk's office for this project. 8. 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 E nvironrrtental Q uality 1997 p ublication C atalog o f S torm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards andpolicies. 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 Deparhnent of Water Resources regarding Shallow Injection Wells. 9. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. B. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Provide afire-flow per the Uniform Fire Code Appendix III-A to service the project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Acceptance of the water supply for fire protection will be by the Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 16 OF 23 Water Department. 3. All roads shall have a fuming radius of 28' inside and 48' outside. 4. All access roads within the pmj ect shall have a cleaz driving surface with a minimum width of 20' available at all times. UFC 902.2.2.1 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 6. Provide a vertical clearance of 13' 6" in drive thru areas. The developer has indicated that a 20' fire lane will be provided on the South edge of the prof ect, thereby allowing a 12' canopy to be used only for bank customers. The curb in this area will be required to be signed "No Parking Fire Lane". C. Adopt the Recommendations of Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. D. Adopt the Recommendations of ACHD as follows: Site Specific Requirements: 1. Comply with all requirements associated with MCUP-17-98, as approved on September 23, 1998. 2. Comply with requirements of ITD for Eagle Road (State Highway 55) frontage. Submit to the District a letter from ITD regazding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMFl' PAGE 17 OF 23 whichever occurs first. Contact District III Traffic Engineer Lance Johnson at 334- -8340. 3. Prior to final plat approval, the applicant shall enter into a development agreement for the design and construction of the traffic signal at Eagle Road and Pine Avenue, and any associated improvements. The applicant shall 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 shaze of the entire Pine Avenue constmction from Eagle Road to the east boundary of the development. The District will also provide signal inspection, and will contribute a portion of the design fee. Submit the signal design to District staff for approval prior to constmction. The applicant shall also widen the approach to Eagle Road to provide two westbound left turn lanes, and one westbound through/right-turn lane. Should the ACHD roadway project to extend Pine Avenue from Eagle Road to Cloverdale Road occur prior to this development, all features related to Pine Avenue are to be constructed by the applicant prior to final plat approval, 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. 4. Prior to final plat approval, construct Pine Avenue as a 28-foot street section from the project's eastern property line to Eagle Road abutting the entire subdivision. Coordinate the roadway design with District staff. 5. Prior to final plat approval, constmct a five-foot sidewalk on Pine Avenue from the project's eastern property line to Eagle Road abutting the entire subdivision. 6. Construct aright-in/right-out driveway on Pine Avenue a minimum 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 baz at Eagle Road to a point 50-feet east of the driveway. Construct a full access driveway on Pine Avenue as proposed approximately 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 18 OF 23 8. Construct a full access driveway on Pine Avenue as proposed approximately 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. 9. Other than the access points specifically approved with this application, direct lot or parcel access to Pine Avenue is prohibited. 10. Other than the previously approved driveways on Presidential Drive, direct lot or parcel access to Presidential Drive is prohibited. The approved driveways shall be: located 175-feet east of Eagle Road. The driveway width shall be limited to 30- feet, with the minimum storage length of 50-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Presidential Drive. located at the midpoint (340-feet from Eagle Road) between Eagle Road and the project roadway in front of the stores. The driveway width shall be limited to 30-feet, with the minimum storage length of 50-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Presidential Drive. • located 620-feet east of Eagle Road. The driveway width shall be limited to 30- feet, with the minimum storage length of 50-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Presidential Drive. 11. Prior to any occupancy within Presidential Subdivision, 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. 12. 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. 13. Provide a recorded cross access easement among all of the lots in the subdivision for access to the public streets prior to final plat approval. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 19 OF 23 Standard Requirements: A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The reauest shall specifically identify each reauirement to be reconsidered and include a written explanation of why such a reauirement would result in a substantial hazdshin or inequity The written request shall be submitted to the District no later than 9:00 a m on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration ofthe Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The reauest for reconsideration shall specifically identify each reauirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision The request for reconsideration will be heard by the District Commission at the next regulaz meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 20 OF 23 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. It is the responsibility of the applicant to verify all existing utilities within the right- of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1- 800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) aze compromised during any phase of construction. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 9. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. E. Adopt the Recommendations of Sanitary Service as follows: Insure that a minimum 10' cleazance shall be inside the opened enclosure gates. F. Adopt the action of the City Council taken at their May 27, 2003 meeting as follows: 1. For clarification, the revised Site Plan and Landscape Plan for this prof ect are dated: Re-Submitted 05.15.03 and Received May 16, 2003 City of Meridian City Clerk Office. 2. The owner's representative, Russell Wolfe, has provided a clarification letter dated May 15, 2003, but they are in agreement with the Planning and Zoning Commission's Recommendations. Said letter is on file with the City Clerk's office, 33 E. Idaho Street, Meridian, Idaho. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERMIT PAGE 21 OF 23 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the condifional 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 C ~ ~ day of ~GI/Y+~- , 2003. ROLL CALL: COUNCILMAN KEITH BIl2D VOTED__~~ COUNCILWOMAN TAMMY deWEERD VOTED~~ COUNCILWOMAN CHERIE Mc LANDLESS VOTED~~ COUNCILMAN WILLIAM L.M. NARY VOTED~~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 22 OF 23 MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED "-' DATED: 6 l0-~j MOTION: APPROVED: DISAPPROVED: Ma~,c~(~~pbert D. Come Attest: ``~~~~~ OF MEq~~~ ~,,, _ - -7~ri~ _ William G. Berg, Jr., City erk vG ~,o`' ~~ ~ o ; Copy served upon Applicant, Planning at~3'2~n''~~.. ~epa~t, Public Works Department and the City Attorney. ~~''~`\,\anr!`~,~iT ~~i,t~~~~~~ ~.~~y p~ AryE/~~p~ ~,,, ,~ G~ _nF1POR.4 r_ fi't' ~~ City Clerk - r~ ,~,o' yo ~gT3s1, ~O '~ '9 ~P ~~'',., COUNTIiY , ~ \~~.~~. Z:\WOrkVvl4Mendian\Meridian 15360M\Washing[on Trust Bank CIJP 03 Ol~~tl;IsCUP03-01£ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 23 OF 23 BEFORE THE MERIDIAN CITY COUNCIL C/C OS-27-03 IN THE MATTER OF THE APPLICATION OF ) RUSS WOLFE, FOR A CONDITIONAL USE PERMIT) FOR A BANK WITH ADRIVE-THROUGH IN AN ) I-L ZONE, LOCATED ON LOT 1, BLOCK 1, ) PRESIDENTIAL SUBDIVISION, ON THE SOUTH- ) EAST CORNER OF E. PRESIDENTIAL DRIVE AND ) N. EAGLE ROAD, MERIDIAN, IDAHO ) CASE NO. CUP-03-018 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter coming before the City Council on the 27`h day of May, 2003, for final action on conditional use permit application and the Council having received and approving the recommendation of the Planning and Zoning Commission the Council takes the following action: 1. That the Applicant, Russ Wolfe, is granted a conditional use for a bank with adrive- through in an I-L zone, located on Lot 1, Block 1, Presidential Subdivision, on the southeast corner of E. Presidential Drive and N. Eagle Road, Meridian, Idaho. The requested conditional use is described in the legal and vicinity map which are on file in the Clerk's office located at Meridian City Hall, 33 East Idaho, Meridian, Idaho. 2. That the above named applicant is granted a conditional use permit for a bank with adrive- through in an I-L zone, located on Lot 1, Block 1, Presidential Subdivision, on the southeast comer of E. Presidential Drive and N. Eagle Road, Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT -RUSS WOLFE FOR WASHINGTON TRUST BANK (CUP-03-018) PAGE 1 OF 9 CONDITIONS OF APPROVAL 1. Sanitary sewer and water service shall be from existing main lines on the property. Applicant shall be responsible for the relocation of the existing water main that is in conflict with the proposed building. The existing easement associated with the water main shall be vacated and new easement shall be dedicated prior to the issuance of an occupancypermit for the new bank facility. 2. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of--way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. 3. All signage shall be in accordance with the standards set forth in Section 11-14 ofthe City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. 4. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. 5. The linearly arranged parking lots on the east and west side of the property shall be revised to include landscape islands pursuant to MCC 12-13-11, thereby reducing the number of parking stalls lineazly arranged to less than twelve in a row pursuant to MCC 12-13-11- 3C. All pazking shall be striped and improved in accordance with the Meridian City Code. 6. Revise the landscape plan in the following manner: (A) Include one tree for every thirty-five lineal feet lying adj acent to the perimeter of the property (adjacent to the south and eastern side of the property). (B) Revise the perimeter landscape buffer on the southern side of the property to include at least a five foot (5') wide landscape buffer adjacent to the parking and drive aisle. (C) Include landscape islands in the east and west side of the parking lots in accordance with the MCC as noted above (#5) 7. Ten copies of a revised site plan and landscaping plan have been submitted to the City Clerk's office for this project. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - RUSS WOLFE FOR WASHINGTON TRUST BANK (CUP-03-018) PAGE 2 OF 9 8. 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 E nvironmental Q uality 1997 p ublication C atalog o f S form 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 Deparhnent of Water Resources regarding Shallow Injection Wells. 9. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. B. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Provide afire-flow per the Uniform Fire Code Appendix III-A to service the project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. All roads shall have a fuming radius of 28' inside and 48' outside. 4. All access roads within the prof ect shall have a clear driving surface with a minimum width of 20' available at all times. UFC 902.2.2.1 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 6. Provide a vertical clearance of 13'6" in drive thru areas. The developer has indicated that a 20' fire lane will be provided on the South edge of the project, thereby allowing a 12' canopy to be used only for bank customers. The curb in this area will be required to be signed "No Parking Fire Lane". C. Adopt the Recommendations of Central District Health Departnent as follows: ORDER OF CONDTIIONAL APPROVAL OF CONDITIONAL USE PERMIT - RUSS WOLFE FOR WASHINGTON TRUST BANK (CUP-03-018) PAGE 3 OF 9 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfaze, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. D. Adopt the Recommendations of ACRD as follows: Site Specific Requirements: 1. Comply with all requirements associated with MCUP-17-98, as approved on September 23, 1998. 2. 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. Contact District III Traffic Engineer Lance Johnson at 334-8340. 3. Prior to final plat approval, the applicant shall enter into a development agreement for the design and construction of the traffic signal at Eagle Road and Pine Avenue, and any associated improvements. The applicant shall 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 shaze of the entire Pine Avenue construction from Eagle Road to the east boundary of the development. The District will also provide signal inspection, and will contribute a portion of the design fee. Submit the signal design to District staff for approval prior to construction. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT-RUBS WOLFE FOR WASHINGTON TRUST BANK (CUP-03-018) PAGE 4 OF 9 The applicant shall also widen the approach to Eagle Road to provide two westbound left turn lanes, and one westbound through/right-turn lane. Should the ACRD roadway project to extend Pine Avenue from Eagle Road to Cloverdale Road occur prior to this development, all features related to Pine Avenue are to be constructed by the applicant prior to final plat approval, or the cost therefor paid to the District. Specifically, this includes the extra left-tum lanes onto and off of Eagle Road and into the full access driveway from Pine Avenue into the development. 4. Prior to final plat approval, construct Pine Avenue as a 28-foot street section from the project's eastern property line to Eagle Road abutting the entire subdivision. Coordinate the roadway design with District staff. 5. Prior to final plat approval, construct afive-foot sidewalk on Pine Avenue from the project's eastern property line to Eagle Road abutting the entire subdivision. 6. Construct aright-in/right-out driveway on Pine Avenue a minimum 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. 7. Construct a full access driveway on Pine Avenue as proposed approximately 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. 8. Construct a full access driveway on Pine Avenue as proposed approximately 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. 9. Other than the access points specifically approved with this application, direct lot or parcel access to Pine Avenue is prohibited. 10. Other than the previously approved driveways on Presidential Drive, direct lot or pazcel access to Presidential Drive is prohibited. The approved driveways shall be: • located 175-feet east of Eagle Road. The driveway width shall be limited to 30- feet, with the minimum storage length of 50-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Presidential Drive. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - RUSS WOLFE FOR WASHINGTON TRUST BANK (CUP-03-018) PAGE 5 OF 9 • located at the midpoint (340-feet from Eagle Road) between Eagle Road and the project roadway in front of the stores. The driveway width shall be limited to 30-feet, with the minimum storage length of 50-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Presidential Drive. • located 620-feet east of Eagle Road. The driveway width shall be limited to 30- feet, with the minimum storage length of 50-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Presidential Drive. 11. Prior to any occupancy within Presidential Subdivision, 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. 12. 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. 13. Provide a recorded cross access easement among all of the lots in the subdivision for access to the public streets prior to final plat approval. Standard Requirements: 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall soecifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity The written reouest shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - RUSS WOLFE FOR WASHINGTON TRUST BANK (CUP-03-018) PAGE 6 OF 9 2. After ACRD Commission action, any request for reconsideration ofthe Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. The request for reconsideration will be heard by the District Commission at the next regulaz meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standazds and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. It is the responsibility of the applicant to verify all existing utilities within the right-of--way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800- 342-1585) at least two full business days prior to breaking ground within ACHD right-of- way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spaze or filled) aze compromised during any phase of construction. 8. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be ORDER OF CONDITIONAL APPROVAL OF CONDTTIONALUSEPERMTT-RUBS WOLFE FOR WASHINGTON TRUST BANK (CUP-03-018) PAGE 7 OF 9 upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 9. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject propertyunless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. E. Adopt the Recommendations of Sanitary Service as follows: 1. Insure that a minimum 10' clearance shall be inside the opened enclosure gates. F. Adopt the action of the City Council taken at their May 27, 2003 meeting as follows: 1. For clarification, the revised Site Plan and Landscape Plan for this project are dated: Re-Submitted 0 5.15.03 and R eceived M ay 16, 2 003 C ity o f M eridian City Clerk Office. 2. The owner's representative, Russell Wolfe, has provided a clarification letter dated May 15, 2003, but they are in agreement with the Planning and Zoning Commission's Recommendations. Said letter is on file with the City Clerk's office, 33 E. Idaho Street, Meridian, Idaho. 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 permit is not transferable without complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to the permit. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - RUSS WOLFE FOR WASHINGTON TRUST BANK (CUP-03-018) PAGE 8 OF 9 By action of the City Council at its regulaz meeting held on the ~v - day of ~/Gfi~^-e- 2003. Ro ert D. C rrie, / ,Mayor City of Meridian Attest: \```\~y ,oF' ~~ER/O/~ ''''/ O~ \~~oP.aa;;q rFO ti a William G. Berg, Jr., City ler = ~ z vG n ~~ "yp c~T is~ ~' ,20,~~ 9 Q. Copy served upon Applicant, the Planniifg~.lj~ ~$rtment, Public and City Attorney. ~~"""~ ~ ~ ~""'~~~\ By: ~~ City Clerk Z:\Work\M\Meridian\Meridian 15360M\Washington Trust Bank CUP 03 018\CUPOrder.doc ORDER OF CONDITIONAL APPROVAL OF ~ /2-D3 ~~,~``~ OF P~IER~Uf~%, G~~~G~yRY6,'7q TO~7r c ~a~s asJ - CONDITIONAL USE PERMIT - RUSS WOLFE FOR WASHINGTON TRUST BANK (CUP-03-018) PAGE 9 OF 9