HomeMy WebLinkAboutD.L. Evans Bank CUP 03-023BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 08/OS/03
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR A FULL
SERVICE BANK WITH ADRIVE-
THROUGH AND A TEMPORARY
BANK IN A C-G ZONE FOR D.L.
EVANS BANK, LOCATED AT 2560
EAST FAIRVIEW AVENUE,
MERIDIAN, IDAHO
Case No. CUP-03-023
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL USE
PERMIT
D.L. EVANS BANK,
APPLICANT
The above entitled conditional use permit application having come before the City
Council on August 5, 2003 at the hour of 7:00 p.m., at Meridian City Hall, 33 East Idaho Street,
Meridian, Idaho, and Anna Powell Planning Director for the Planning and Zoning Department,
and Billy Ray Strite, appeared and testified, and the City Council having duly considered the
evidence and the record in this matter and the Recommendations to City Council issued by the
Planning and Zoning Commission who conducted a public hearing and the Council having heard
and taken oral and written testimony, and having duly considered the matter, the City Council
hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-
wit:
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE I OF 20
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 August 5, 2003, before the
City Council, the first publication appearing and written notice having been mailed to property
owners or purchasers of record within three hundred feet (300') of the external boundaries of the
property under consideration more than fifteen (15) days prior to said hearing and with the notice
of public hearing having been posted upon the property under consideration more than one week
before said hearing and the copies of all notices were made available to newspaper, radio and
television stations as public service announcements; and the matter having been duly considered
by the City Council at the August 5, 2003, public hearings; and the applicant, affected property
owners, and government subdivisions providing services within the planning jurisdiction of the
City of Meridian, having been given full opportunity to express comments and submit evidence.
2. There has been compliance with all notice and hearing requirements set forth in
Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by
the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff
report.
3. This proposed development request is in a C-G zone. and by reason of the
provisions of the Meridian City Code § 11-17-4, a public hearing was required before the City
Council on this application.
4. The property is located at 2560 East Fairview Avenue, Meridian, Idaho, located
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 2 OF 20
near the intersection of Fairview Avenue and Hickory Way, just east of the Louie's Restaurant
site, Meridian, Idaho 83642. The following uses surround the subject property:
North -Vacant land in Mallane Commercial Complex, zoned C-G and L-O; and
Dove Meadows Subdivision, zoned L-O and R-8
South -Vacant land and Food Services of America, in Treasure Valley Business
Center, zoned I-L.
East - Louies Restaurant and vacant land in Mallane Commercial Complex,
zoned C-G
West- Vacant lot and Capital Christian Center, zoned L-O
5. The owner of record of the subject property is M & L Limited Partnership, 2500
Fairview Avenue, Meridian, Idaho 83642, and they have given their consent for the applicant to
submit the requested conditional use permit.
6. Applicant is D.L. Evans Bank, P.O. Box 1188, Burley, Idaho 83318.
The subject property is currently zoned C-G (General Retail and Service
Commercial). The zoning district of C-G is defined within the City of Meridian Zoning and
Development Ordinance, Section 11-7-2. The subject property was recently rezoned on 5/20/03
to C-G as part of the Mallane Commercial Complex, file number RZ-03-001. The property was
platted at the same time as Mallane Subdivision, file number FP-03-001. The final plat for the
property was approved by Council, but has not yet been recorded by the applicant. The D.L.
Evans Bank is proposed to be on Lot 3, Block 1 of Mallane Subdivision.
The proposed application requests a conditional use permit for an ancillary drive-
through for a full service bank facility and for a temporary bank facility in a C-G zone for D.L.
Evans Bank. The C-G zoning designation is within the City of Meridian Zoning and
Development Ordinance requires a conditional use permit be obtained for most uses including
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 3 OF 20
those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section
11-8-1).
9. The proposed application is in compliance with the Meridian Comprehensive
Plan, which designates the subject property as "Commercial".
10. The use proposed within the subject application will in fact, constitute a
conditional use as determined by City Ordinance.
11. The Meridian City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning
maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance
establishing the Impact Area Boundary.
12. Giving due consideration to the comment received from the governmental
subdivisions providing services in the City of Meridian planning• jurisdiction public facilities and
services required by the proposed development will not impose expense upon the public if the
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
modified by the P&Z Commission, as follows:
1. The final plat for the subdivision must be filed before the applicant can receive a
certificate of occupancy for the temporary banking facility, and that no other
buildings maybe constructed in the subdivision until the final plat is recorded. (Per
action of the City Council taken at their August 5, 2003 meeting.)
2. This conditional use permit shall be subject to the expiration provisions set forth in
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 4 OF 20
MCC 11-17-4.B. The applicant has submitted a letter into the record, dated June 25,
2003, stating that they are aware that the lot is not yet recorded and are willing to take
any risk associated with applying for a CUP before the plat is recorded.
3. A1190-degree parking stalls shall be at least 9 feet wide and may be a minimum of 17
feet deep if abutting sidewallcs at least 7 feet wide. All two-way drive aisles adj acent
to parking shall be at least 25 feet wide. Minimum width of all one-way drive-
through lanes is 10 feet.
4. All parking and drive aisles shall be paved for all temporary and permanent uses, in
compliance with the submitted plans. Handicap parking spaces shall be signed and
striped in compliance with Federal accessibility guidelines.
5. The prof ect shall maintain cross-access across the property, in conformance with the
recorded cross-access agreement, instrument number 102056607.
6. The temporary bank facility shall be removed from the site within 18 months of
approval of this Conditional Use Permit. All remaining site improvements, including
landscaping, shall be installed within 3 months of receiving occupancy of the
permanent building. Only temporary occupancy will be allowed until all required
improvements are complete and inspected. A letter of credit or cash bond (110%) for
all outstanding improvements must accompany any request for temporary occupancy
of the permanent building.
7. Sanitary sewer and water service shall be from main lines currently being installed on
the property.
8. 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.
9. All signage shall be in accordance with the standards set forth in Section 11-14 of the
City Zoning and Development Ordinance. All signage is subj ect to design review and
shall require separate permits. Signs shall conform to the character of sign submitted
with the application, with a 13'-6" maximum overall height.
10. All construction and site improvements shall conform to the requirements of the
Americans with Disabilities Act and the adopted building and fire codes.
11. 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
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 5 OF 20
accordance with Department of Environmental Quality 1997 publication Catalog of
Storm Water Best Management Practices for Idaho Cities and Counties and City of
Meridian standards and policies. Off-site disposal into a surface water is prohibited
unless the jurisdiction which has authority over the receiving stream provides written
authorization prior to development plan approval. The applicant is responsible for
filing all necessary applications with the Idaho Department of Water Resources
regarding Shallow Injection Wells.
12. Certificate of Occupancy: All required improvements must be complete prior to
obtaining a Certificate of Occupancy for the proposed development. A temporary
Certificate of Occupancy may be obtained by providing surety to the City in the form
ofa letterofcreditorcashintheamountof110%ofthecostofthe 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
All internal roads shall have a turning radius of 28' inside and 48' outside.
All access roads leading into and within the project shall have a clear driving surface
with a minimum width of 20' available at all times. UFC 902.2.2.1
C. Adopt the Recommendations of the Sanitary Services Company as follows:
Provide a minimum ten-foot opening inside the enclosure gate posts.
D. Adopt the Recommendations of the Ada County Highway District as follows:
Fairview Avenue is not listed as a proposed project in the District's currently
adopted Five-Year Work Program or in the currently adopted 20-year Capital
hnprovements Plan for roadway improvements. As such, the applicant cannot
receive reimbursement for dedicatedright-of--way from available collected impact
fees. The applicant shall do one of the following:
a. Dedicate by donation an additional 10-feet ofright-of--way along Fairview
Avenue, and construct a minimum 5-foot wide concrete sidewalk along Fairview
Avenue, located a minimum of 55-feet from the centerline of the right-of--way.
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 6 OF 20
b. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide
concrete sidewalk along Fairview Avenue, located a minimum of 55-feet from the
centerline of the right-of--way, in an easement provided to the District.
c. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide
concrete sidewalk along Fairview Avenue, located at the back edge of the existing
right-of--way.
Accomplish all necessary adjustments to properly accommodate existing drainage
and utilities.
2. Utilize the existing shared curb return driveway located on Fairview Avenue
approximately 500-feet west of Hickory Way as proposed.
3. Utilize the existing shared curb return driveway located on Hickory Way
approximately 320-feet north of the edge of pavement of Fairview Avenue and in
alignment with an existing driveway across the street as proposed.
4. Construct the riQltt-in restricted drivewav on Fairview Avenue located
approximately 220-feet west of Hickory Way (measured near edge to near edge)
as proposed. Sign the driveway accordingly.
Curb return type driveways with 15-foot radii will be required for driveways
accessing collector and arterial roadways. However with the right-in restricted
driveway the applicant shall coordinate the construction and curb radii with
District staff.
5. Provide a $3,200 deposit to the Public Rights-of--Way Trust Fund for a share of
the signal at Hickory Way and Fairview Avenue, prior to the issuance of any
building permits on this site. (Should ACHD not approve Mallane Commercial
Complex)
Comply with all Standard Conditions of Approval.
Standard Conditions of Auproval
Any existing irrigation facilities shall be relocated outside of the right-of--way.
2. All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 7 OF 20
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.
4. 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.
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 ACRD Ordinances unless
specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans.
6. 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.
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.
8. Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance #197, also known as Ada County Highway District
Road Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the
right-of--way. The applicant at no cost to ACHD shall repair existing utilities
damaged by the applicant. 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.
10. No change in the terms and conditions of this approval shall be valid unless they
aze 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.
11. 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
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 8 OF 20
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.
13. It is found that the subject property is large enough to accommodate the required
open spaces, parking, landscaping and other features required by the ordinance. Several site
modifications have been made to the landscaping and parking plans in order to be in compliance
with the MCC, as detailed under site specific conditions.
14. The Comprehensive Plan Land Use Map designates the property as "Commercial"
and it is zoned C-G. It is found that the requested use is 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 existing
or intended character of the general vicinity.
16. It is not anticipated that the proposed use will adversely affect adjacent properties.
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. It is found that the proposed bank use will not be detrimental to the economic
welfare of the community, nor would it create then need for any new facilities or services to be
paid for by the public.
19. It is found that no excessive traffic, smoke, fumes, glare or odors will result from
the proposed use.
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 9 OF 20
20. It is found that the proposed use will not create significant interference with any
traffic on the surrounding public streets. ACHD comments will provide additional detail on the
issue.
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.
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 (LC. §67-6503).
2. The Meridian City Council may exercise all the powers required and authorized
under the "Act" except the power to adopt ordinances by the establishment of a Planning and
Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City
Council of the City of Meridian has established by the passage 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 permits which a
proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions
under the specific provisions of the ordinance which the City of Meridian has done in the
adoption of its zoning ordinances.
4. The City Council has the duty and responsibility to review the facts and
circumstances of each application for special use permit to determine prior to granting the same
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 10 OF 20
that the evidential showing supports the fmding that the following standards are met and that the
proposed development: (Meridian City Code § 11-17-3)
a. That the site is large enough to accommodate the proposed use and all yards,
open spaces, parking, landscaping and other features as may be required by this Ordinance;
b. That the proposed use and development plan will be harmonious with the
Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance;
c. That the design, construction, operation and maintenance will be compatible with
other uses in the general neighborhood and with the existing or intended character of the general
vicinity and that such use will not adversely change the essential character of the same area;
d. That the proposed use, if it complies with all conditions 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 General Retail and Service
Commercial (C-G), 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
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 11 OF 20
Ordinance, which provides as follows:
"Prior to approving a Conditional Use Permit, the applicant and the Commission and
Council shall follow notice and hearing procedures provided in Chapter 15 of this Title.
Provided, however, that conditional use applications for land in Old Town and in
industrial and commercial districts shall only be required to have one public hearing
which shall be held before the Planning and Zoning Commission; and after the
recommendation of the Commission is made, the application shall go before the City
Council without a public hearing and the Council may approve, deny, or modify the
recommendation of the Commission."
6. Following the public hearing and within 45 days after the conclusion of the
public hearing the Commission shall, transmit its recommendations to the Meridian City Council
with supportive reasons. The Commission shall recommend that the application be approved,
approved with conditions or denied. The Commission shall ensure that any approval or approval
with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City
of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code §
11-17-6)
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
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 12 OF 20
Ordinance.
8. The City of Meridian has, by ordinance, established the Impact Area and the
Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002,
Resolution No. 02-382 and Maps.
DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW,
THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT
AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does
Order that:
That the above named applicant is granted a conditional use permit for an
ancillary drive-through for a full service bank facility and for a temporary bank facility in a C-G
zone for D.L. Evans Bank located at 2560 East Fairview Avenue, 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
modified by the P&Z Commission, as follows:
The final plat for the subdivision must be filed before the applicant can receive a
certificate of occupancy for the temporary banking facility, and that no other
buildings maybe constructed in the subdivision until the final plat is recorded.
(Per action of the City Council taken at their August 5, 2003 meeting.)
2. This conditional use permit shall be subject to the expiration provisions set forth in
MCC 11-17-4.B. The applicant has submitted a letter into the record, dated June 25,
2003, stating that they are aware that the lot is not yet recorded and are willing to take
any risk associated with applying for a CUP before the plat is recorded.
A1190-degree parking stalls shall be at least 9 feet wide and may be a minimum of 17
feet deep if abutting sidewalks at least 7 feet wide. All two-way drive aisles adjacent
to parking shall be at least 25 feet wide. Minimum width of all one-way drive-
through lanes is 10 feet.
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 13 OF 20
4. All parking and drive aisles shall be paved for all temporary and permanent uses, in
compliance with the submitted plans. Handicap parking spaces shall be signed and
striped in compliance with Federal accessibility guidelines.
5. The prof ect shall maintain cross-access across the property, in conformance with the
recorded cross-access agreement, instrument number 102056607.
6. The temporary bank facility shall be removed from the site within 18 months of
approval of this Conditional Use Permit. All remaining site improvements, including
landscaping, shall be installed within 3 months of receiving occupancy of the
permanent building. Only temporary occupancy will be allowed until all required
improvements are complete and inspected. A letter of credit or cash bond (110%) for
all outstanding improvements must accompany any request for temporary occupancy
of the permanent building.
7. Sanitary sewer and water service shall be from main lines currently being installed on
the property.
8. 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 orright-of--way. All parking lot lighting shall be
in accordance with Ordinance 11-13-4C.
9. 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. Signs shall conform to the character of sign submitted
with the application, with a 13'-6" maximum overall height.
10. All construction and site improvements shall conform to the requirements of the
Americans with Disabilities Act and the adopted building and fire codes.
11. A drainage plan designed by a State of Idaho licensed architect or engineer is
required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-
street parking areas. Storm water treatment and disposal must be designed in
accordance with Department of Environmental Quality 1997 publication Catalog of
Storm Water Best Management Practices for Idaho Cities and Counties and City of
Meridian standards and policies. Off-site disposal into a surface water is prohibited
unless the jurisdicfion 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.
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 14 OF 20
12. 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 1 etter o f c redit o r c ash i n t he a mount o f t 10% o f t he c ost o f t he 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:
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. All internal roads shall have a fuming radius of 28' inside and 48' outside.
3. All access roads leading into and within the project shall have a clear driving surface
with a minimum width of 20' available at all times. UFC 902.2.2.1
C. Adopt the Recommendations ofthe Sanitary Services Company as follows:
Provide a minimum ten-foot opening inside the enclosure gate posts.
D. Adopt the Recommendations of the Ada County Highway District as follows:
Fairview Avenue is not listed as a proposed project in the District's currently adopted
Five-Year Work Program or in the currently adopted 20-year Capital Improvements
Plan for roadway improvements. As such, the applicant cannot receive
reimbursement for dedicatedright-of--way from available collected impact fees. The
applicant shall do one of the following:
a. Dedicate by donation an additional 10-feet ofright-of--way along Fairview
Avenue, and construct a minimum 5-foot wide concrete sidewalk along Fairview
Avenue, located a minimum of 55-feet from the centerline of the right-of--way.
b. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide
concrete sidewalk along Fairview Avenue, located a minimum of 55-feet from the
centerline of the right-of--way, in an easement provided to the District.
c. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide
concrete sidewalk along Fairview Avenue, located at the back edge of the existing
right-of--way.
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 15 OF 20
Accomplish all necessary adjustments to properly accommodate existing drainage
and utilities.
2. Utilize the existing shared curb return driveway located on Fairview Avenue
approximately 500-feet west of Hickory Way as proposed.
Utilize the existing shared curb return driveway located on Hickory Way
approximately 320-feet north of the edge of pavement of Fairview Avenue and in
alignment with an existing driveway across the street as proposed.
4. Construct the right-in restricted driveway on Fairview Avenue located
approximately 220-feet west of Hickory Way (measured near edge to near edge)
as proposed. Sign the driveway accordingly.
Curb return type driveways with 15-foot radii will be required for driveways
accessing collector and arterial roadways. However with the right-in restricted
driveway the applicant shall coordinate the construction and curb radii with
District staff.
5. Provide a $3,200 deposit to the Public Rights-of--Way Trust Fund for a share of
the signal at Hickory Way and Fairview Avenue, prigr to the issuance of any
building permits on this site. (Should ACHD not approve Mallane Commercial
Complex)
Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
Any existing irrigation facilities shall be relocated outside of the right-of--way.
2. All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
3. 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.
4. Ufility 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.
5. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements,
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 16 OF 20
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.
6. 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.
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.
8. Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance #197, also known as Ada County Highway District
Road Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the
right-of--way. The applicant at no cost to ACHD shall repair existing utilities
damaged by the applicant. The applicant shall be required to call DIGLINE (1-
800-342-1585) at least two full business days prior to breaking ground within
ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
10. 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.
11. 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.
2. 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.
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 17 OF 20
3. 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 EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT
DURATION
Please take notice that the conditional use permit shall be valid for a maximum period of
eighteen (18) months unless otherwise approved by the council. During this time, the permit
holder must commence the use as permitted in accordance with the conditions of approval,
satisfy the requirements set forth in the conditions of approval, acquire building permits and
commence construction of permanent footings or structures on or in the ground. In this context
"structures" shall include sewer and water lines, streets or building construction. The applicant
has specified in the application and to the commission and council a construction schedule and
completion date for the project. If the completion date specified for the project is exceeded, the
conditional use application shall become null and void. However, the applicant may submit an
application for a time extension on the project for city council review. The application for time
extension shall be submitted at least thirty (30) days prior to the deadline for completion of the
project. For projects requiring 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 year from the
original date of approval by the council. If the successive phases are not submitted within one
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 18 OF 20
year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17-
4.B.)
NOTICE OF RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
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 tune period within which a Petition
for Judicial Review maybe filed.
ti_
//~~,,By action of the City Council at its regular meeting held on the ~2 ~ day of
/J~-~ ~~ , 2003.
ROLL CALL:
COUNCILMAN KEITH BIRD VOTED~~'
COUNCILWOMAN TAMMY deWEERD VOTED_v~
COUNCILWOMAN CHERIE Mc CANDLESS VOTED~°V
COUNCILMAN WILLIAM L.M. NARY VOTED
MAYOR RO RT D. CORRIE (TIE BREAKER) VOTED
DATED: ~'~2-03
MOTION:
APPROVED:_~ DISAPPROVED:-
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 19 OF 20
Mayor Robert D. Corrie
Attest: o`\``\~~a``OF++M ur~~~q~/',!
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''Y~
T
F
William G. Berg, Jr., City erk .SEAL
9G ~~
Copy served upon Applicant, Planning ari~.~~~~1~, Public Works
Department and the City Attorney. ~~'"rrrrl~ ii+t+"`~\
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Z:\WorkU1\Meridian\Nleridian 15360M\D. L. Evans Bank
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDTTIONAL USE PERMIT
PAGE 20 OF 20
BEFORE THE MERIDIAN CITY COUNCIL
C/C 08-05-03
IN THE MATTER OF THE APPLICATION OF ) CASE NO. CUP-03-023
D.L. EVANS BANK, FOR A CONDITIONAL USE )
PERMIT FOR A FULL SERVICE BANK WITH A ) ORDER OF
DRIVE-THROUGH AND A TEMPORARY BANK IN ) CONDITIONAL
A C-G ZONE FOR D.L. EVANS BANK, LOCATED ) APPROVAL OF
AT 2560 EAST FAIRVIEW AVENUE, MERIDIAN, ) CONDITIONAL USE
IDAHO ) PERMIT
This matter coming before the City Council on the Sa' day of August, 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, D.L. Evans Bank, is granted a conditional use for an ancillary drive-
through for a full service bank facility and for a temporary bank facility in a C-G zone for D.L.
Evans Bank, located at 2560 East Fairview Avenue, 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 an ancillary drive-
through for a full service bank facility and for a temporary bank facility in a C-G zone for D.L.
Evans Bank, located at 2560 East Fairview Avenue, Meridian, Idaho, subject to the following
conditions of use and development:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
modified by the P&Z Commission, as follows:
ORDER OF CONDITIONAL APPROVAL OF
CONDITIONAL USE PERMIT - D.L. EVANS BANK
FOR D.L. EVANS BANK (CUP-03-023)
PAGE 1 OF 8
1. The final plat for the subdivision must be filed before the applicant can receive a
certificate of occupancy for the temporary banking facility, and that no other
buildings maybe constructed in the subdivision until the final plat is recorded. (Per
action of the City Council taken at their August 5, 2003 meeting.)
2. This conditional use permit shall be subject to the expiration provisions set forth in
MCC 11-17-4.B. The applicant has submitted a letter into the record, dated June 25,
2003, stating that they are aware that the lot is not yet recorded and are willing to take
any risk associated with applying for a CUP before the plat is recorded.
3. A1190-degree parking stalls shall be at least 9 feet wide and may be a minimum of 17
feet deep if abutting sidewalks at least 7 feet wide. All two-way drive aisles adjacent
to parking shall be at least 25 feet wide. Minimum width of all one-way drive-
through lanes is 10 feet.
4. All parking and drive aisles shall be paved for all temporary and permanent uses, in
compliance with the submitted plans. Handicap parking spaces shall be signed and
striped in compliance with Federal accessibility guidelines.
5. The project shall maintain cross-access across the property, in conformance with the
recorded cross-access agreement, instrument number 102056607.
6. The temporary bank facility shall be removed from the site within 18 months of
approval of this Conditional Use Permit. All remaining site improvements, including
landscaping, shall be installed within 3 months of receiving occupancy of the
permanent building. Only temporary occupancy will be allowed until all required
improvements are complete and inspected. A letter ofcredit or cash bond (110%) for
all outstanding improvements must accompany any request for temporary occupancy
of the permanent building.
7. Sanitary sewer and water service shall be from main lines currentlybeing installed on
the property.
8. 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.
9. All signage shall be in accordance with the standards set forth in Section 11-14 of the
City Zoning and Development Ordinance. All signage is subject to design review and
ORDER OF CONDITIONAL APPROVAL OF
CONDITIONAL USE PERMIT - D.L. EVANS BANK
FOR D.L. EVANS BANK (CUP-03-023)
PAGE 2 OF 8
shall require separate permits. Signs shall conform to the character of sign submitted
with the application, with a 13'-6" maximum overall height.
10. All construction and site improvements shall conform to the requirements of the
Americans with Disabilities Act and the adopted building and fire codes.
11. A drainage plan designed by a State of Idaho licensed architect or engineer is
required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-
street parking areas. Storm water treatment and disposal must be designed in
accordance with Department of Environmental Quality 1997 publication Catalog of
Storm Water Best Management Practices for Idaho Cities and Counties and City of
Meridian standards and policies. Off-site disposal into a surface water is prohibited
unless the jurisdiction which has authority over the receiving stream provides written
authorization prior to development plan approval. The applicant is responsible for
filing all necessary applications with the Idaho Department of Water Resources
regarding Shallow Injection Wells.
12. 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 1 etter o f c redit o r c ash i n t he a mount o f t 10% o f t he c ost o f t he 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:
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. All internal roads shall have a turning radius of 28' inside and 48' outside.
3. All access roads leading into and within the project shall have a cleaz driving surface
with a minimum width of 20' available at all times. UFC 902.2.2.1
C. Adopt the Recommendations of the Sanitary Services Company as follows:
1. Provide a minimum ten-foot opening inside the enclosure gate posts.
ORDER OF CONDITIONAL APPROVAL OF
CONDITIONAL USE PERMIT - D.L. EVANS BANK
FOR D.L. EVANS BANK (CUP-03-023)
PAGE 3 OF 8
D. Adopt the Recommendations of the Ada County Highway District as follows:
Fairview Avenue is not listed as a proposed project in the District's currently
adopted Five-Year Work Program or in the currently adopted 20-year Capital
Improvements Plan for roadway improvements. As such, the applicant cannot
receive reimbursement for dedicated right-of--way from available collected impact
fees. The applicant shall do one of the following:
a. Dedicate by donation an additional 10-feet ofright-of--way along Fairview
Avenue, and construct a minimum 5-foot wide concrete sidewalk along Fairview
Avenue, located a minimum of 55-feet from the centerline of the right-of--way.
b. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide
concrete sidewalk along Fairview Avenue, located a minimum of 55-feet from the
centerline of the right-of--way, in an easement provided to the District.
c. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide
concrete sidewalk along Fairview Avenue, located at the back edge of the existing
right-of--way.
Accomplish all necessary adjustments to properly accommodate existing drainage
and utilities.
2. Utilize the existing shared curb return driveway located on Fairview Avenue
approximately 500-feet west of Hickory Way as proposed.
3. Utilize the existing shared curb return driveway located on Hickory Way
approximately 320-feet north of the edge of pavement of Fairview Avenue and in
alignment with an existing driveway across the street as proposed.
4. Construct the right-in restricted driveway on Fairview Avenue located
approximately 220-feet west of Hickory Way (measured near edge to near edge)
as proposed. Sign the driveway accordingly.
Curb return type driveways with 15-foot radii will be required for driveways
accessing collector and arterial roadways. However with the right-in restricted
driveway the applicant shall coordinate the construction and curb radii with
District staff.
ORDER OF CONDITIONAL APPROVAL OF
CONDITIONAL USE PERNIIT - D.L. EVANS BANK
FOR D.L. EVANS BANK (CUP-03-023)
PAGE 4 OF 8
5. Provide a $3,200 deposit to the Public Rights-of--Way Trust Fund for a share of
the signal at Hickory Way and Fairview Avenue, prior to the issuance of any
building permits on this site. (Should ACHD not approve Mallane Commercial
Complex)
6. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
Any existing irrigation facilities shall be relocated outside of the right-of--way.
2. All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
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.
4. 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.
5. 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.
6. 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.
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.
Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance #197, also known as Ada County Highway District
Road Impact Fee Ordinance.
ORDER OF CONDITIONAL APPROVAL OF
CONDITIONAL USE PERMIT - D.L. EVANS BANK
FOR D.L. EVANS BANK (CUP-03-023)
PAGE 5 OF 8
9. It is the responsibility of the applicant to verify all existing utilities within the
right-of--way. The applicant at no cost to ACHD shall repair existing utilities
damaged by the applicant. The applicant shall be required to call DIGLINE (1-
800-342-1585) at least two full business days prior to breaking ground within
ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
10. 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.
11. 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.
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.
NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT
DURATION
Please take notice that the conditional use permit shall be valid for a maximum period of
eighteen (18) months unless otherwise approved by the council. During this time, the permit
holder must commence the use as permitted in accordance with the conditions of approval,
satisfy the requirements set forth in the conditions of approval, acquire building permits and
ORDER OF CONDITIONAL APPROVAL OF
CONDITIONAL USE PERNIIT - D.L. EVANS BANK
FOR D.L. EVANS BANK (CUP-03-023)
PAGE 6 OF 8
commence construction of permanent footings or structures on or in the ground. In this context
"structures" shall include sewer and water lines, streets or building construction. The applicant
has specified in the application and to the commission and council a construction schedule and
completion date for the project. If the completion date specified for the project is exceeded, the
conditional use application shall become null and void. However, the applicant may submit an
application for a time extension on the project for city council review. The application for time
extension shall be submitted at least thirty (30) days prior to the deadline for completion of the
project. For projects requiring 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 year from the
original date of approval by the council. If the successive phases aze not submitted within one
year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17-
4.B.)
NOTICE OF RIGHT TO REGULATORY TAHINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
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.
ORDER OF CONDTTIONAL APPROVAL OF
CONDITIONAL USE PERMIT - D.L. EVANS BANK
FOR D.L. EVANS BANK (CUP-03-023)
PAGE 7 OF 8
By action of the City Council at its regular meeting held on the ~ day of
J~z~Gf~iyGt~~ , 2003.
Robe D. Come,
`\l~a~'on Gilb;,of Meridian
Attest: ``\~~~y O~~ p~q'~.,~ /
. \~,o rFa '~'
. $~+AL
= ~
William G. Berg, Jr., Ci Cle 9~ ~~' O
yo ~Sr Est , P.A c
/'/',9 COUNT`! \O ,\
Copy served upon Applicant, the Plannin~`dnd~Konitl~~Department, Public Worl~g~-'~'
and City Attorney. ,.°o~y OI
By' ~~ ~~ Dated: ~~
City Clerk
Z:\Work\MVMeridian\PAeridian 15360M\D.L. Evans Bank CUP-D3-023\CUPOrder.doc
ORDER OF CONDITIONAL APPROVAL OF
CONDITIONAL USE PERMIT - D.L. EVANS BANK
FOR D.L. EVANS BANK (CUP-03-023)
PAGE S OF S
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