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CITY OF MERIDIAN CITY CLERKS OF~FICTE
FINDINGS OF FACT, CONCLUSIONS OF E I~IAlV %~,
LAW AND o a ~ H ~,
DECISION & ORDER
In the Matter of Conditional Use Permit for the Operation of a Financial Institution with a
Drive-through Facility in a C-G Zoning District, by Keybank.
Case No(s). CUP-09-001
For the Planning and Zoning Commission Hearing Date of: Apri12, 2009 (Findings on
Apri116, 2009 agenda)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of Apri12, 2009,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of April 2, 2009,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of April 2,
2009 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of Apri12, 2009, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67-6503).
2. The Meridian Planning & Zoning Commission takes judicial notice of its Unified
Development Code codified at Title 11 Meridian City Code, and all current zoning maps
thereof. The City of Meridian has, by ordinance, established the Impact Area and the
Amended Comprehensive Plan of the City of Meridian, which was adopted August 6,
2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code §
11-SA.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-09-001
Page 1
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5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Commission Chair and City Clerk and then a copy served by the
Clerk upon the applicant, the Planning Department, the Public Works Department and
any affected party requesting notice.
7. That this approval is subject to the Conditions of Approval in the attached Staff Report
for the hearing date of Apri12, 2009, incorporated by reference. The conditions are
concluded to be reasonable and the applicant shall meet such requirements as a condition
of approval of the application.
C. Decision and Order
Pursuant to the Planning & Zoning Commission's authority as provided in Meridian City
Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein
adopted, it is hereby ordered that:
1. The applicant's Conditional Use Permit as evidenced by having submitted a Site Plan
Landscape Plan and Elevations, attached in the Staff Report as Exhibit A, is hereby
conditionally approved; and,
2. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of Apri12, 2009, incorporated by reference.
D. Notice of Applicable Time Limits
Notice of Eighteen (18) Month Conditional Use Permit Duration
Please take notice that the conditional use permit, when granted, shall be valid for a
maximum period of eighteen (18) months unless otherwise approved by the City.
During this time, the applicant shall commence the use as permitted in accord with the
conditions of approval, satisfy the requirements set forth in the conditions of approval,
and acquire building permits and commence construction of permanent footings or
structures on or in the ground. For conditional use permits that also require platting, the
final plat must be recorded within this eighteen (18) month period. For projects with
multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the
event that the development is made in successive contiguous segments or multiple
phases, such phases shall be constructed within successive intervals of one (1) year
from the original date of approval. If the successive phases are not submitted within the
one (1) year interval, the conditional approval of the future phases shall be null and
void. Upon written request and filed by the applicant prior to the termination of the
period in accord with 11-SB-6.G.1, the Director may authorize a single extension of the
time to commence the use not.to exceed one (1) eighteen (18) month period. Additional
time extensions up to eighteen (18) months as determined and approved by the
Commission maybe granted. With all extensions, the Director or Commission may
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-09-001
Page 2
require the conditional use comply with the current provisions of Meridian City Code
Title 11.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use permit entitles the Owner to request a regulatory taking analysis.
Such request must be in writing, and must be filed with the City Clerk not more than
twenty-eight (28) days after the final decision concerning the matter at issue. A request
for a regulatory takings analysis will toll the time period within which a Petition for
Judicial Review maybe filed.
2. 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 conditional use permit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
F. Attached: Staff Report for the hearing date of Apri12, 2009.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-09-001
Page 3
By action of the Planning & Zoning Commission at its regular meeting held on the
day of , 2008.
COMMISSIONER DAVID MOE VOTED
(Chair)
COMMISSIONER MICHAEL ROHM VOTED
COMMISSIONER WENDY NEWTON-HUCKABAY VOTED
COMMISSIONER TOM O'BRIEN VOTED
COMMISSIONER JOE MARSHALL VOTED
CHAIRMAN DAVID MOE
Attest:
Tara Green, Deputy City Clerk
Copy served upon Applicant, The Planning Department, Public Works Department and City
Attorney.
By: Dated:
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-09-001
Page 4
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STAFF REPORT Hearing Date: Apri12, 2009
TO: Planning & Zoning Commission E IDIAN°~^''
FROM: Bill Parsons, Associate City Planner 0 ~- li
208-884-5533
SUBJECT: CUP-09-001 - Keybank
I. 5UIVIlVIARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Keybank, has applied for Conditional Use Permit (CUP) approval for a financial
institution with adrive-through facility in a C-G zone.
II. SUNIlVIARY RECOMMENDATION
Staff is recommending approval of the proposed development with the conditions of approval listed in
Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit C of the Staff Report. The
Meridian Planning and Zoning Commission heard this item on April 2, 2009. At the public
hearing, the Commission voted to approve CUP-09-001.
a. Summary of Commission Public Hearing:
i. In favor: Craig Slocum
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
v. Staff presenting application: Bill Parsons
vi. Other staff commenting on application: None
b. Kev Issues of Discussion by Commission:
i. None
c. Kev Commission Changes to Staff Recommendation:
i. None
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number CUP-09-001,
as presented in the staff report for the hearing date of April 2, 2009 with the following modifications:
(Add any proposed modifications.) Ifurther move to direct Staff to prepare an appropriate fmdings
document to be considered at the next Planning and Zoning Commission meeting on April 16, 2009.
Denial
After considering all staff, applicant and public testimony, I move to deny File Number CUP-09-001, as
presented during the hearing on April 2, 2009, for the following reasons: (you must state specific reasons
for denial and what the applicant could do to obtain your approval in the future).
Continuance
After considering all staff, applicant and public testimony, I move to continue File Number CUP-09-
001 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should
state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is located at 3270 N. Eagle Road, on the northeast comer of N. Eagle Road and E. Ustick
Road, in the southwest'/ of Section 33, Township 4 North, Range 1 East.
Keybank CUP-09-00 ] PAGE 1
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B. Owner:
Jeff Stoddard
15 Santa Barbara Pl
Laguna Niguel, CA 92677
C. Applicant:
Keybank
2025 Ontario Street
Cleveland, OH 44115-1028
D. Representative:
CSHQA
250 S. 5~` Street
Boise, ID 83714
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACT5
A. The subject application is for a conditional use permit. A public hearing is required before the
Planning & Zoning Commission on this matter, consistent with Meridian City Code Title 11,
Chapter 5.
B. Newspaper notifications published on: March 16, and 30, 2009
C. Radius notices mailed to properties within 300 feet on: March 6, 2009
D. Applicant posted notice on site by: March 20, 2009
VI. LAND USE
A. Existing Land Use(s): The subject site is currently a vacant C-G zoned lot within the Smitchger
Subdivision.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: The subject site is surrounded
by a mix of commercial uses including multi-tenant retail buildings, drug store, restaurants and home
improvement store.
1. North: Multi-tenant Retail Building, zoned C-G
2. East: Multi-tenant Building, zoned C-G
3. South: Ustick Road and Vacant lot; zoned C-G
4. West: Eagle Road and Walgreen's, zoned C-G
C. History of Previous Actions: In 2004, the subject property was annexed and zoned (AZ-04-009),
preliminarily platted (PP-04-037), and final platted (FP-04-081). As part of the annexation approval,
the site was subject to a DA (instrument # 1040107404).
D. Utilities:
1. Public Works:
a. Location of sewer: Sewer service for this site was installed with the Smitchger Subdivision.
b. Location of water: Water service for this site was installed with the Smitchger Subdivision.
c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: Leighton Lateral was tiled with the approval of the Smitchger
Keybank CUP-09-001 PAGE 2
Subdivision.
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: NA
4. Topography: NA
F. Access: Access to Eagle Road and Ustick Road was approved by ITD and ACHD with the
Smitchger Subdivision. Across-access agreement exists between all lots in the subdivision as set
forth in the CC&R's, as noted on the plat for Smitchger Subdivision.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Mixed Use -
Regional (MU-R)." Per Chapter VII of the Comprehensive Plan, the Mixed Use land use category
contains five sub-categories. "Generally, the mixed-use designation will provide for a combination of
compatible land uses that are typically developed under a master or conceptual site plan. The purpose of
this designation is to identify key areas which aze either inf~ll in nature or situated in highly visible or
transitioning azeas of the city where innovative and flexible design opportunities are encouraged. The
intent of this designation is to offer the developer a greater degree of design and use flexibility."
This category includes uses such as grocery stores, drug stores, coffee/sandwich shops, dry
cleaner/Laundromat, professional offices, retaiUgift shops, clothing stores, gazden centers, restaurants,
banks, drive-through facilities, auto service stations, department stores, medicaUdental clinics, schools,
parks, churches, public uses, clubhouses, hardware stores, salons, daycazes, entertainment uses, major
employment centers, and clean industry.
Above, Staff has highlighted the appropriate uses identified in the Comprehensive Plan. The applicant is
proposing a use that is supported by the Mixed Use -Regional land use designation. Therefore, Staff
believes the proposed bank and associated drive-through facility is an appropriate use on this site and is
consistent with the Comprehensive Plan.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the
proposed use (staff analysis in italics):
• Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned
for the provision of all public services.
The City of Meridian plans to provide municipal services to the subject property in the following
manner:
- Sanitary sewer and water service will be extended to the project at the developer's
expense.
- The subject lands currently lie within the jurisdiction of the Meridian City Fire
Department.
- The subject lands currently lie within the jurisdiction of the Meridian Police
Department (MPD).
- The roadways adjacent to the subject lands are currently owned and maintained by the
Ada County Highway District (ACFID) and ITD. This service will not change.
Municipal, fee-supported, services will be provided by the Meridian Building Department, the
Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater
Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary
Services Company.
• Chapter VII, Goal IV, Objective D, Action 2 - "Restrict curb cuts and access points on collectors
and arterial streets."
Keybank CUP-09-001 PAGE 3
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Access points for the subject site were evaluated and approved with the Smitchger Subdivision.
No additional access points are proposed with this application.
• Chapter VII, Goal IV, Objective D, Action 4 - "Require appropriate landscape and buffers along
transportation corridors (setback, vegetation, low walls, berms, etc.)."
Eagle Road and Ustick Road are designated entryway corridors. By City Ordinance, a 35 foot
wide landscape buffer is required adjacent to both roadways. These landscape buffers are
currently installed and will remain protected during construction on this site.
• Chapter V, Goal III, Objective D, Action 5 - "Require all commercial businesses to install and
maintain landscaping."
In addition to the required streetscape buffers, planter islands and S foot landscape buffers are
required adjacent to drive aisles and parking. On the submitted landscape plan the applicant
complies with this requirement. See Landscaping in the Analysis section below.
• Chapter IV, Goal I, Objective A, Action - "Permit new... commercial development only where
urban services can be reasonably provided at the time of final approval and development is
contiguous to the City."
City water and sewer are stubbed to this parcel.
• Chapter VII, Goal 1, Objective B - "Plan for a variety of commercial and retail opportunities
within the Impact Area."
Currently, a bank is not located in this general vicinity of Meridian. Staff believes the proposed
use will provide a needed service in the area.
VIII. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of Zone: The purpose of the commercial districts is to provide for the retail and
service needs of the community in accord with the Meridian Comprehensive Plan. Four districts aze
designated which differ in the size and scale of commercial structures accommodated in the district,
the scale and mix of allowed commercial uses, and the location of the district proximity to streets
and highways.
B. Schedule of Use: UDC 11-2B-2 lists financial institutions as a permitted use and the associated
drive-through facility as an Accessory/Conditional use in the C-G zone, with Specific Use Standazds
for both. The Specific Use Standazds listed in UDC 11-4-3.11 for Drive-through Establishments
require Conditional Use Permit (CUP) approval for drive through facilities that are within 300 feet of
another drive through facility or a residential district. The Specific Use Standards in UDC 11-4-3-17
for Financial Institutions requires approval from the Meridian Police Department for the location,
access and safety features of all automated teller machines in accordance with UDC 11-3A-16 (see
Section 9 below for additional specific use standards related to drive-through establishments).
B. Purpose Statement of Zone: The purpose of the commercial districts is to provide for the retail and
service needs of the community in accord with the Meridian Comprehensive Plan. Four districts aze
designated which differ in the size and scale of commercial structures accommodated in the district,
the scale and mix of allowed commercial uses, and the location of the district proximity to streets
and highways.
C. Dimensional Standards: Development of the site shall comply with the dimensional standards listed
in UDC 11-2B-3 for the C-G zoning district.
D. Landscaping
1. UDC 11-3B-8C regulates the parking lot standards of the development code (see section 9 below
for further analysis).
Keybank CUP-09-001 PAGE 4
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E. Off-Street Parking: UDC 11-3C-6B requires 1 space for every 500 square feet of gross floor area; a
3,473 square foot building is proposed. Based on this amount, 8 parking stalls would be required; 24
are proposed, which complies with this requirement.
F. Self-Service Uses: UDC 11-3A-161ists the specific requirements for self service uses (see section 9
below for further analysis).
lX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
1. CUP Application: Conditional use permit approval is requested fora 3,743 square foot bank
with associated drive-through in a C-G district. The Comprehensive Plan designation for this site
is designated as Mixed Use-Regional. Staff is supportive of the proposed use on this site and
believes it is consistent with the Comprehensive Plan (see Section VII above for more
information).
Drive-Through Establishment: Per UDC 11-4-3-11, Specific Use Standards apply to the
proposed drive-through use of the property as follows: '
• All establishments providing drive-through service shall identify the stacking lane,
speaker location, and window location on the plans submitted with the Certificate of
Zoning Compliance application. The stacking lanes, atm location and speaker locations
are shown and comply with this requirement.
• Stacking lanes shall have sufficient capacity to prevent obstruction of the public right-of-
way by patrons. Staff believes there is sufficient stacking capacity for the proposed
drive-through use.
• The stacking lane shall be a separate lane from the circulation lanes needed for access
and parking. The stacking lanes are separate from the circulation lanes and comply with
this requirement.
• The stacking lane shall not be located within ten feet (10') of any residential district or
existing residence. NA (The proposed stacking lane is not within 10' of a residential
district or residence.)
• Any stacking lane greater than one hundred feet (100') in length shall provide for an
escape lane. The proposed site plan depicts an escape lane.
• A letter from the Transportation Authority indicating the site plan is in compliance with
the authority's standards and policies shall be required. ACFID's comments are provided
in Exhibit B below.
Financial Institutions: Per UDC 11-4-3-17, Specific Use Standards apply to the proposed
fmancial institution as follows:
• The location, access and safety features of all automated teller machines shall be subject
to review and approval by the Meridian Police Department, and in accord with the
standards set forth in UDC 11-3A-16. The Meridian Police Department has reviewed
and commented on proposed site design of the project and comments are attached in
Exhibit B. Further analysis is provided below for self-service uses.
• All ATMs shall be deemed an accessory use to a financial institution. Because this site is
proposing additional automated teller services; CUP procurement is required (see
section 8 above).
Self-Service Uses: Per UDC 11-3A-16, any self-service uses (ATM) shall comply with the
following requirements:
Keybank CUP-09-001
PAGE 5
• Entrance or view of the self-service facility shall be open to the public street or to
adjoining businesses and shall have low impact lighting. The ATM is located on the
south side of the proposed building and faces Ustick Road, a major arterial.
• Financial transaction areas shall be oriented to and visible from an area that receives
high volumes of traffic, such as a collector or arterial streets. The ATM will be visible
from Ustick Road,• designated a major arterial.
• Landscape shrubbery shall be limited to no more than 3 feet in height between entrances
and financial transaction areas and the public street. The applicant shall maintain the
landscaping to comply with this requirement.
Access: Access along Eagle Road and Ustick Road were approved with the Smitchger
Subdivision. The nearest driveway to this site is a right-in/right-out driveway adjoining Ustick
Road located approximately 392 feet from the intersection. Across-access agreement exists
between all lots in the subdivision as set forth in the CC&R's, as noted on the plat for Smitchger
Subdivision. Direct lot access is not proposed or approved with this application.
Site Design: The site plan submitted with this application (CSHQA, labeled as Sheet SP.1,
dated 2/26/09) depicts one 3,743 square foot building pad. Staff has reviewed the site design
for conformance with the UDC 11-3A-19 and the Meridian Design Manual. Staff fords the site
plan is consistent with the aforementioned documents. Therefore, staff is supportive of the site
design as proposed.
Landscaping: The applicant has submitted a landscape plan dated 2/26/2009 by CSHQA,
labeled as Sheet Ll.l. The street buffer landscaping along Eagle Road and Ustick Road were
reviewed and approved with the final plat for Smitchger Subdivision. Staff has reviewed the
internal parking lot landscaping depicted on the landscape plan and finds it complies with the
landscaping requirements in UDC 11-3B-8. Therefore, staff is supportive of the landscape plan
as proposed.
Building Elevations: The Applicant has submitted building elevations with this application that
are included in Exhibit A. Building materials depicted on the elevations include brick veneer in
two different colors, buffstone accent banding, and sandstone prefuushed metal cornice detail
along the roofline. Staff is supportive of the proposed elevations as they comply with the design
standards listed in UDC 11-3A-19 and Meridian Design Manual. The future building constructed
on this site shall substantially comply with these elevations.
Design Review: The proposed development is subject to Administrative Design Review in
accord with UDC 11-SB-8. Further, the building and site design are subject to the standards and
guidelines in accord with UDC 11-3A-19 and the Meridian Design Manual. As mentioned
above, staff has reviewed the site design and elevations for compliance with these standards and
guidelines. Therefore, the applicants administrative design review is approved and the elevations
and site design attached in Exhibit A shall not be altered without written approval from the
Planning Department.
X. EXHIBITS
A. Drawings
1. Vicinity/Zoning Map
2. Site Plan (dated: 2/26/09)
3. Landscape Plan (dated: 2/26/09)
4. Building Elevations (dated: 3/13/09)
B. Conditions of Approval
1. Planning Department
Keybank CUP-09-001 PAGE 6
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SIDE ELEVATION
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Exhibit A - 4 -
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B. Conditions of Approval
On March 12, 2009 a joint agency and departments meeting was held with service providers in this
area. These agencies submitted comments on this application, which are included below.
1. Planning Department
1.1 All comments and conditions of the annexation (AZ-04-009), development agreement
(Instrument No. 104107404), preliminary plat (PP-04-037) and final plat (FP-04-081) associated
with this site shall also be considered conditions of the subject Conditional Use Permit (CUP-09-
001).
1.2 The Applicant shall comply with the Specific Use Standards for drive-through establishments and
fmancial institutions listed in UDC 11-4-3-11 and UDC 11-4-3-17.
1.3 The applicant shall comply with standards for self-service uses listed in UDC 11-3A-16.
1.4 The Site Plan, labeled Sheet SP.1, prepared by CSHQA, dated 02/26/2009, included in Exhibit A,
is approved, with no changes.
1.5 The Landscape Plan, labeled Sheet Ll.l, prepared by CSHQA, dated 02/26/2009, is approved,
with no changes.
1.6 'The request for Administrative Design Review approval of the site and proposed building with a
drive-through facility is approved. Any modifications to the site design or building alternations
shall not occur without written approval from the Planning Department.
1.7 The applicant shall submit a Certificate of Zoning Compliance application for the proposed
fmancial institution and associated drive-through facility with revised plans that comply with the
conditions of approval listed herein, prior to issuance of building permits.
1.8 All business signs require a separate sign permit in compliance with the sign ordinance (LJDC 11-
3D).
1.9 The applicant shall comply with the outdoor lighting standards listed in UDC 11-3A-11.
1.10 The existing 35-foot wide landscape buffer shall remain protected during construction on this site.
Any damage to the existing landscaping shall be replaced to its original condition.
1.11 Staff's failure to cite specific ordinance provisions or terms of approval of the Smitchger
development does not relieve the applicant of responsibility for compliance. The applicant shall
comply with all prior conditions of approval for this site.
1.12 Applicant shall have a maximum of 18 months to commence the use as permitted in accord with
the conditions of approval listed above (iJDC 11-SB-6F). If the approved use has not begun
within 18 months of approval, a new conditional use permit must be obtained prior to operation.
2. Public Works Department
2.1 Water service to this site was stubbed with the Smitchger Subdivision. .
2.2 Sanitary sewer service to this development was stubbed with the Smitchger Subdivision.
2.3 Public Works has no concerns with this application.
3. Fire Department
3.1 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and
shall have a clear driving surface which is 20' wide and support an imposed weight of 75,000
GVW.
Exhibit B - 1 - .
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3.2 Operational fire hydrants, temporary or permanent street signs and access roads with an all
weather surface are required before combustible construction is brought on site.
3.3 Commercial and office occupancies will require afire-flow consistent with the International Fire
Code to service the proposed project. Fire hydrants shall be placed per Appendix D
3.4 Where a portion of the facility or building hereafter constructed or moved into or within the
jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as
measured by an approved route around the exterior of the facility or building, on-site fire hydrants
and mains shall be provided where required by the code official. For buildings equipped
throughout with an approved automatic sprinkler system installed in accordance with Section
903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183
m).
b. For buildings equipped throughout with an approved automatic sprinkler system installed
in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600
feet (183 m).
3.5 Provide exterior lighting as required by the International Building and Fire Codes.
3.6 All portions of the buildings located on this project must be within 150' of a paved surface as
measured around the perimeter of the building.
4. Police Department
4.1 The Police Department has no concerns related to the site design submitted with the application.
5. Parks Department
5.1 The Parks Department has no concerns with the site design as submitted with the application.
6. Sanitary Service Company
6.1 Prior to issuance of a certificate of zoning compliance, that applicant shall submit an approved site
plan from SSC.
7. Ada County Highway District
SITE SPECIFIC CONDITIONS OF APPROVAL
7.1.1 The applicant shall comply with all previous conditions of approval for this site.
7.1.2 Comply with all Standard Conditions of Approval.
7.2 STANDARD CONDITIONS OF APPROVAL
7.2.1 Any existing imgation facilities shall be relocated outside of the right-of--way.
7.2.2 Private sewer or water systems are prohibited from being located within any ACRD roadway or
right-of--way.
7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
7.2.5 Comply with the District's Tree Planter Width Policy.
Exhibit B - 2 -
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7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing
, F~~< by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for
details.
7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy
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applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the
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State of Idaho shall prepare and certify all improvement plans.
7.2.8 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.
7.2.9 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.
~_ 7.2.10 Payment of applicable road impact fees are required prior to building construction. The assessed
"" impact fee will be based on the impact fee ordinance that is in effect at that time.
~ ~ ~~ 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The
_ applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (1-811-342-1585) 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
ti any phase of construction.
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`~ ~' 7.2.12 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
~ {- ~i 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.
`` 7.2.13 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
t; advises the Highway District of its intent to change the planned use of the subject property unless
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a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect
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" at the time the change in use is sought.
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C. Required Findings from Unified Development Code
1. Conditional Use Permit Findings:
The decision malting body shall base its determination on the Conditional Use Permit
request upon the following:
A. That the site is large enough to accommodate the proposed use and meet all the
dimensional and development regulations in the district in which the use is located.
The proposed building and drive-through facility on this site can accommodate and meet
all dimensional and development regulations of this district (as amended). The
Commission finds that the subject property is large enough to accommodate the required
parking, landscaping and other features required by the ordinance. The Commission
should rely on Staff's analysis, and any oral or written public testimony provided when
determining if this site is lazge enough to accommodate the proposed use.
B. That the proposed use will be harmonious with the Meridian Comprehensive Plan
and in accord with the requirements of this Title.
The Commission finds that the Comprehensive Plan designation for this property is
"Mixed Use-Regional." The proposed use is generally harmonious with the
Comprehensive Plan and the UDC (see Section 7, 8 and 9 above for more information
regazding the requirements for this use).
C. That the design, construction, operation and maintenance will be compatible with
other uses in the general neighborhood and with the e~sting or intended character
of the general vicinity and that such use will not adversely change the essential
character of the same area.
The Commission fmds that, if the Applicant complies with the conditions outlined in this
report, the operation of the proposed drive-through establishment (Bank) should be
compatible with adjacent commercial uses and intended chazacter of the azea. The
Commission should rely upon any public testimony provided to determine if the
development will be compatible with other uses in the vicinity.
D. That the proposed use, if it complies with all conditions of the approval imposed,
will not adversely affect other property in the vicinity.
The Commission fmds that, if the Applicant complies with the conditions outlined in this
report, the proposed use will not adversely affect other property in the azea. The
Commission should rely upon any public testimony provided to determine if the
development will adversely affect the 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, and sewer.
The Commission finds that the site will be adequately served by the previously
mentioned public facilities and services.
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F. That the proposed use will not create excessive additional costs for public facilities
and services and will not be detrimental to the economic welfare of the community.
If approved, the Applicant will be fmancing any improvements required for development.
The Commission finds there will not be excessive additional requirements at public cost
and that the proposed use will not be detrimental to the community's economic welfare.
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.
The Commission recognizes that traffic and noise is a concern; however, the Commission
does not believe that the amount generated by the proposed new use of the property will
be detrimental to any persons, property, or the general welfare of the public as there are
no nearby residents. The Commission does not anticipate the proposed use will create
excessive noise, smoke, fumes, glare, or odors.
H. 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.
Staff finds that there should not be any health, safety or environmental problems
associated with the proposed use that should be brought to the Commission's attention.
The Commission fmds that the proposed use will not result in the destruction, loss or
damage of any natural, scenic, or historic feature of major importance.
Exhibit C - 2 -
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