HomeMy WebLinkAboutIdadiv Credit Union CUP-09-002 DES-09-006RECETVED
MAY 0 ~ ~
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
CITY OF G'~f D1A:'
CITY CLERKS OFFICE
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In the Matter of Conditional Use Permit for a Financial Institution with aDrive-through
Facility in a C-G Zoning District, by ZGA Architects and Planners, LTD.
Case No(s). CUP-09-002; DES-09-006
For the Planning and Zoning Commission Hearing Date of: April 16, 2009 (Findings on
May 7, 2009 agenda)
A. Findings of Fact
Hearing Facts (see attached Staff Report for the hearing date of April 16, 2009,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of April 16, 2009,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of April
16, 2009 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of April 16, 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 (I.C. §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-09-002, DES-09-006
Page 1
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 April 16, 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 April 16, 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-09-002, DES-09-006
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 April 16, 2009.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-09-002, DES-09-006
Page 3
By action of the Planning & Zoning Commission at its regular meeting held on the .~.~h
day of , 200
COMMISSIONER DAVID MOE
(Chair)
COMMISSIONER MICHAEL ROHM
COMMISSIONER WENDY NEWTON-HUCKABAY
COMMISSIONER TOM O'BRIEN
COMMISSIONER JOE
CHAIRMAN DA
A est:
a Green, Deputy City Clerk
MOE
VOTED Ct,
VOTED
VOTED
VOTED ~I"
VOTED
Copy served upon Applicant, The Planning Department, Public Works Department and
Attorney.
By: Dated
City Clerk's Office
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-09-002, DES-09-006
Page 4
STAFF REPORT Hearing Date: April 16, 2009
TO: Planning & Zoning Commission
FROM: Bill Parsons, Associate City Plarmer
208-884-5533
SUBJECT: CUP-09-002 -Idadiv Credit Union
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1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, ZGA Architects & Planners LTD, has applied for Conditional Use Permit (CUP)
approval for a financial institution with adrive-through facility in a C-G zone.
2. SUMMARY RECOMMENDATION
Staff is recommending approval of the proposed development subject to the conditions of approval
listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit C. The
Meridian Planning and Zoning Commission heard this item on April 16, 2009. At the public
hearing, the Commission voted to approve CUP-09-002.
a. Summary of Commission Public Hearing:
i. In favor: Andee Mover-Farmer
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
v. Staff presenting application: Bill Parsons
vi. Other staff commenting on application: Pete Friedman and Bruce Freckleton
b. Kev Issues of Discussion by Commission:
i. The issuance of a building permit for the proiect.
c. Kev Commission Changes to Staff Recommendation:
i. Modified condition 1.2 to Read: A building permit shall not be issued until the
lot is created through the recorded plat for Trade Plaza Subdivision.
ii. Modified condition 2.7 to read: Street signs are to be in place, water system shall
be installed and activated sewer system shall have passed air-testing and video
inspection fencing installed drainage lots constructed, road base approved by
the Ada County Highway District ,prior to issuance of building permits.
3. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number CUP-09-
002, as presented in the staff report for the hearing date of April 16, 2009 with the following
modifications: (Add any proposed modifications.) Ifurther move to direct Staff to prepare an
appropriate findings document to be considered at the next Planning and Zoning Commission meeting
on May 7, 2009.
Denial
After considering all staff, applicant and public testimony, I move to deny File Number CUP-09-002,
as presented during the hearing on April 16, 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
Idadiv Credit Union CUP-09-002 PAGE 1
I move to continue File Number CUP-09-002 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
4. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is located on the northwest corner of Meridian Road and Corporate Drive, in the
northeast % of Section 13, Township 3 North, Range 1 West.
B. Owner:
Idadiv Credit Union
1822 N. Midland Blvd., PO Box 500
Nampa, Idaho 83653
C. Applicant/Representative:
ZGA Architects & Planners
565 W. Myrtle Street, Suite 225
Boise, Idaho 83702
D. Applicant's Statement/Justification: Please see applicant's narrative for this information.
5. PROCESS FACTS
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 30, and April 13, 2009
C. Radius notices mailed to properties within 300 feet on: March 26, 2009
D. Applicant posted notice on site by: March 31, 2009
6. LAND USE
A. Existing Land Use(s): The subject site is currently vacant land; zoned C-G.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: The subject site is primarily
surrounded by developed and undeveloped commercial land/uses.
1. North: John's Auto Care, zoned C-G
2. East: Commercial restaurants, zoned C-G
3. South: Storage Facility, zoned C-G
4. West: Vacant land, zoned C-G
C. History of Previous Actions: On February 24, 2009, the subject site was approved through the
Trade Plaza Preliminary Plat. Staff is currently reviewing the Trade Plaza final plat (Phase 1)
which is scheduled for the April 14, 2009 City Council hearing.
D. Utilities:
1. Public Works:
a. Location of sewer: S Meridian Road
b. Location of water: S Meridian Road
c. Issues or concerns: None
Idadiv Credit Union CUP-09-002 PAGE 2
E. Physical Features:
1. Canals/Ditches Irrigation: NA
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: NA
4. Topography: NA
7. COMPREHENSIVE PLAN POLICIES AND GOALS
The subject property is designated on the Comprehensive Plan Future Land Use Map as
"Commercial". This designation will provide a full range of commercial and retail to serve area
residents and visitors. Uses may include retail, wholesale, service and office uses, multi-family
residential, as well as appropriate public uses such as government offices. At this time, a bank with
a drive-through facility is proposed to be constructed to serve area residents. Other uses in the area
include other drive-throughs, restaurants, drinking establishments and retail stores. Staff believes the
future use is compatible with surrounding commercial uses in the area and is consistent with the
goals and objectives of the Comprehensive Plan.
Idaho Code 67-6508 states that "the plan shall consider previous and existing conditions, trends,
desirable goals and objectives, or desirable future situations for each planning component." Staff has
reviewed the subject PP application and offers the analysis and recommendations contained herein
for the Commission and Council's consideration.
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 I -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 (ACHD) 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 I, Objective B: Plan for a variety of commercial and retail opportunities
within the Impact Area.
Staff finds that the site is designated Commercial on the Comprehensive Plan Future Land
Use Map. Staff believes that over time, a variety of commercial and retail opportunities will
be provided within Trade Plaza Subdivision. Staff believes the bank will add to service needs
in the area and will most likely attract other businesses.
Idadiv Credit Union CUP-09-002 PAGE 3
• Chapter VII, Goal IV, Objective D, Action 2 -Restrict curb cuts and access points on
collectors and arterial streets.
The site plan depicts one right-in/right-out only driveway on Meridian Road; designated an
arterial street and one full access driveway on Corporate Drive; designated a collector
street. These access points were approved with Trade Plaza Subdivision.
Chapter VII, Goal IV, Objective D: Encourage appropriate land uses along transportation
corridors.
Staff believes that the proposed bank and associated drive-through facility is appropriate
along Meridian Road, a major corridor.
• Chapter V, Goal III, Objective D, Action item 5: Require all commercial businesses to install
and maintain landscaping."
The developer will be responsible for installing and maintaining the appropriate internal and
parking lot landscaping. The streetscape buffers will be installed with final plat approval for
Trade Plaza.
• Chapter IV, Goal I, Obj. A, #6: 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."
This parcel is already annexed into the city. Sanitary sewer and water are available to this
parcel.
8. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of Zone: The subject site is designated "Commercial" on the City's zoning
map. 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 are 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
Standards for both.
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).
E. Off-Street Parking: UDC 11-3C-6B requires 1 space for every 500 square feet of gross floor area;
a 3,765 square foot building is proposed. Based on this amount, 8 parking stalls would be
required; 18 are proposed, which complies with this requirement.
F. Self-Service Uses: UDC 11-3A-16 lists the specific requirements for self service uses (see
section 9 below for further analysis).
Idadiv Credit Union CUP-09-002 PAGE 4
9. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
CUP Application: Conditional use permit approval is requested fora 3,765 square foot bank
with associated drive-through in a C-G district. UDC 11-2B-21ists adrive-through facility as
an Accessory/Conditional Use in the C-G zone, with Specific Use Standards for Drive-
through Establishments. The Specific Use Standards listed in UDC 11-4-3.11 require
Conditional Use Permit (CUP) approval for drive-through facilities that are within 300 feet of
another drive-through facility. The subject site is within 300' of another drive-through
establishment (Starbucks); therefore procurement of a CUP is required.
The Comprehensive Plan designation for this site is designated as Commercial. Staff is
supportive of the proposed use on this site and believes it is consistent with the
Comprehensive Plan (see Section 7 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 ATM location, night deposit area and
automated teller locations are not shown on the submitted site plan. With CZC
submittal, the applicant shall revise the site plan depicting the automated teller
locations, the ATM location and night deposit area.
• 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 and should not impede the public right-of-way.
• The stacking lane shall be a separate lane from the circulation lanes needed for access
and parking. The stacking lanes are separate from the internal drive aisles and
comply with this requirement.
• The stacking lane shall not be located within ten feet (10') of any residential district
or existing residence. The subject site is surrounded by commercially zoned property;
therefore this standard is not applicable.
• 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. ACHD's comments are
provided in Exhibit B below.
Financial Institutions: Per UDC 11-4-3-17, Specific Use Standards apply to the proposed
financial 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 drive up teller services other than an ATM,• CUP
Idadiv Credit Union CUP-09-002 PAGE 5
procurement is required because the proposed drive-through is within 300' of
another drive-through facility.
Self-Service Uses: Per UDC 11-3A-16, any self-service uses (ATM) shall comply with the
following requirements:
• 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
east side of the proposed building and faces Meridian 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 and
automated teller services will be visible from Meridian 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 to Meridian Road and Corporate Drive was approved through the Trade Plaza
Subdivision. The applicant is proposing to construct the internal drive aisle that connects the
site to the adjacent roadways. A portion of this drive aisle is proposed to be constructed on
the adjacent owner's property and not bank owned property. Staff has received written
permission from the adjacent property owner allowing the construction of the drive aisle on
his property. The applicant shall construct the internal drive aisle 25 feet, at a minimum, in
accord with UDC 11-3C-5. Further, Staff will not issue a CZC until the fmal plat has
recorded establishing cross access for the development. NOTE: Cross Access will be
provided as a note on the final play Staff is currently processing the final plat application
for Trade Plaza Subdivision (Phase 1) which is scheduled for the April 14,' 2009 City
Council hearing.
Site Design: The site plan submitted with this application (ZGA Architects and Planners,
labeled as Sheet A-101, dated 3/16/09) depicts one 3,765 square foot building pad and the
required site improvements. Staff has reviewed the site design for conformance with UDC
and the Meridian Design Manual. Staff finds the site plan is consistent with the
aforementioned documents. However, Staff is recommending additional changes to the site
plan as follows:
1) SSC has communicated to Staff the trash enclosure will need to rotate towards the east;
coordinate trash enclosure location with SSC. SSC comments are provided in Exhibit B.
2) The trash enclosure detail is not depicted on the proposed site plan. The applicant shall
include the trash enclosure detail on the revised site plan. Said enclosure shall be constructed
of similar building materials as the proposed building (stucco, brick).
3) The applicant shall construct the internal drive aisle extending from Meridian Road
through the site to Corporate Drive, as proposed. All drive aisles shall be constructed in
accord with UDC 11-3C-5. The applicant shall include an affidavit of legal interest from the
adjoining property owner to construct the portion of the drive aisle on the adjoining property
with submittal of the CZC application.
4) The applicant shall revise the site plan depicting the automated teller locations, the ATM
location and night deposit area.
To ensure that all of the conditions of approval listed in Exhibit B are complied with
and the site plan is amended, the applicant will be required to obtain a CZC from the
Idadiv Credit Union CUP-09-002 PAGE 6
Planning Department prior to receiving a building permit. Further, the Planning
Department shall not issue a CZC until the Trade Plaza Subdivision (Phase 1) is
recorded.
Landscaping: The applicant has submitted a landscape plan dated 3/12/2009 by Jensen Belt
Associates, labeled as Sheet L-101. The street buffer landscaping along Meridian Road and
Corporate Drive will be assessed and approved with the final plat for Trade Plaza
Subdivision; currently under review. 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. Note: The
streetscape landscaping shall be completed or surety in place prior to release of occupancy
for Trade Plaza Subdivision.
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 and stucco, arriscraft building stone as a wainscot and accent band, and standing seam
metal roofing material. 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.
10. EXHIBITS
A. Drawings
1. Vicinity/Zoning Map
2. Site Plan (dated: 3/16/09)
3. Landscape Plan (dated: 3/12/09)
4. Building Elevations (3/16/09)
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Parks Department
6. Sanitary Service Company
7. Ada County Highway District
C. Required Findings from Unified Development Code
Idadiv Credit Union CUP-09-002 PAGE 7
1. Vicinity/Zoning Map
Exhibit A - 1 -
2. Site Plan (dated: 3/16/09)
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B. Conditions of Approval
On March 26, 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 conditions of the preliminary plat (PP-08-011) associated with this site shall also be
considered conditions of the subject Conditional Use Permit (CUP-09-002).
1.2 A building~ermit shall not be issued issue a-EZG until the lot is
created through the recorded plat for Trade Plaza Subdivision.
1.3 The Applicant shall comply with the Specific Use Standards for drive-through establishments and
financial institutions listed in UDC 11-4-3-11 and UDC 11-4-3-17.
1.4 The applicant shall comply with standards for self-service uses listed in UDC 11-3A-16.
1.5 The Site Plan, labeled Sheet A-101, prepared by ZGA Architects and Planners, dated 03/16/2009,
included in Exhibit A, is approved, with the following changes:
1) SSC has communicated to Staff the trash enclosure will need to rotate towards the east;
coordinate trash enclosure location with SSC.
2) The trash enclosure detail is not depicted on the proposed site plan. The applicant shall
include the trash enclosure detail on the revised site plan. Said enclosure shall be constructed
of similar building materials as the proposed building (stucco, brick).
3) The applicant shall construct the internal drive aisle extending from Meridian Road
through the site to Corporate Drive, as proposed. All drive aisles shall be constructed in
accord with UDC 11-3C-5. The applicant shall include an affidavit of legal interest from the
adjoining property owner to construct the portion of the drive aisle on the adjoining property
with submittal of the CZC application.
4) The applicant shall revise the site plan depicting the automated teller locations, the ATM
location and night deposit area.
1.6 The Landscape Plan, labeled Sheet L-101, prepared by Jensen Belts Associates, dated
03/12/2009, is approved, with no changes.
1.7 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 alterations
shall not occur without written approval from the Planning Department.
1.8 The applicant shall submit a Certificate of Zoning Compliance application for the proposed
financial institution and associated drive-through facility with revised plans that comply with the
conditions of approval listed herein, prior to issuance of building permits.
1.9 All business signs require a separate sign permit in compliance with the sign ordinance (UDC 11-
3D).
1.10 The applicant shall comply with the outdoor lighting standards listed in UDC 11-3A-11.
1.11 Staff's failure to cite specific ordinance provisions or terms of approval of the Trade Plaza
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 (UDC 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.
Exhibit B - 1 -
2. Public Works Department
2.1 Water service to this site is being proposed via extension of main located in S Meridian Road.
The applicant will be responsible to install water mains to and through this development,
coordinate main size and routing with the Public Works department.
2.2 Sanitary sewer service to this development is being proposed via extension of mains in S
Meridian Road with the Trade Plaza Subdivision. The applicant shall install mains to and through
this subdivision; applicant shall coordinate main size and routing with the Public Works
Department, and execute standard forms of easements for any mains that are required to provide
service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is
less than three feet than alternate materials shall be used in conformance of City of Meridian
Public Works Departments Standard Specifications.
2.3 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public
right of way (include all water services and hydrants).
2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (UDC 11-3A-6). The applicant should be required to use any existing surface
water for the primary source. If a surface source is not available, asingle-point connection to the
culinary water system shall be required. If a single-point connection is utilized, the developer will
be responsible for the payment of assessments for the common areas prior to signature on the
final plat by the City Engineer.
2.5 Meridian Public Works specifications do not allow any large landscaping within a five foot radius
of water meters. The applicant shall make the necessary adjustments to achieve this separation
requirement and comply with all landscape requirements.
2.6 Any existing domestic well system within this project shall be removed from domestic service per
City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at
(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic
purposes such as landscape irrigation if approved by Idaho Department of Water Resources
Contact Robert B. Whitney at (208)334-2190.
2.7 Street signs are to be in place, water system shall be installed and activated, sewer system shall
have passed air-testing and video inspection, fencing installed, drainage lots constructed, road
base approved by the Ada County Highway District ,prior to issuance of ~~~~-fer building
permits.
2.8 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to
signature on the final plat.
2.9 All development improvements, including but not limited to sewer, fencing, micro-paths,
pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
2.10 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to construction plan approval.
2.11 Applicant shall be responsible for application and compliance with and NPDES Permitting that
maybe required by the Environmental Protection Agency.
2.12 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that maybe required by the Army Corps of Engineers.
2.13 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes
are located on or near sidewalk the applicant shall comply with all American with Disabilities Act
Exhibit B - 2 -
requirements for unobstructed sidewalk access.
2.14 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
2.15 The engineer shall be required to certify that the street centerline elevations are set a minimum of
3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of building pads is at least 1-foot above.
3. Fire Department
3.1 All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius.
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 Provide a Knox box entry system for the complex prior to occupancy.
3.4 The Fire Department has concerns about the ability to address the project and have the addresses
visible from the street which the project is addressed off of. Please contact the Addressing
Specialist at 898-5500 to address this concern prior to the public hearing.
4. Police Department
4.1 The proposed development shall limit landscaping shrubs and bushes to species that do not
exceed two feet in height. Trees shall have a canopy of no less than six feet.
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 Please contact Doug Mason at SSC (888-3999) for detailed review of your proposal and submit
stamped (approved) plans with the certificate of zoning compliance application.
7. Ada County Highway District
SITE SPECIFIC CONDITIONS OF APPROVAL
7.1.1 The applicant shall comply with all previous conditions of approval (Trade Plaza) for this site.
7.1.2 Comply with all Standard Conditions of Approval.
7.2 STANDARD CONDITIONS OF APPROVAL
7.2.1 Any existing irrigation 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 ACfID 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.
7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for
details.
Exhibit B - 3 -
7.2.7 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.
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 ACRD conduits (spare or filled) are compromised during
any phase of construction.
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
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
advises the Highway District of its intent to change the planned use of the subject property unless
a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect
at the time the change in use is sought.
8. Nampa Meridian Irrigation District
8.1 Applicant shall apply for a land use change application be filed for review. Contact Suzy Hewlett
at 466-7861 for further information.
8.2 All laterals and waste ways must be protected.
8.3 Any encroachment without a signed License Agreement and approved plan before any
construction is started is unacceptable.
8.4 All municipal surface drainage must be retained on site. If any surface drainage leaves the site,
the Nampa & Meridian Irrigation District must review drainage plans.
8.5 The Developer must comply with Idaho Code 31-3805.
8.6 NMID recommends that irrigation water be made available to all developments within the Nampa
& Meridian Irrigation District.
Exhibit B - 4 -
C. Required Findings from Unified Development Code
1. Conditional Use Permit Findings:
The decision making 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 large 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
"Commercial." The proposed use is generally harmonious with the Comprehensive Plan
and the UDC (see Section 7, 8 and 9 above for more information regarding 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 existing or intended character
of the general vicinity and that such use will not adversely change the essential
character of the same area.
The Commission finds 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 character of the area. 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 finds that, if the Applicant complies with the conditions outlined in this
report, the proposed use will not adversely affect other property in the area. 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.
Exhibit C - 1 -
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 financing 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 does not believe that the amount of traffic 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 -