HomeMy WebLinkAboutIdaho Banking CompanyCUP03-025BEFORE THE MERIDIAN CITY COUNCIL
C/C 08-OS-03
IN THE MATTER OF THE APPLICATION OF )
IDAHO BANKING COMPANY FORA )
CONDITIONAL USE PERMIT FOR A BANK )
FACILITY WITH ADRIVE-THROUGH WINDOW )
IN A C-C ZONE FOR IDAHO BANKING COMPANY,)
LOCATED AT 1875 SOUTH EAGLE ROAD, )
MERIDIAN, IDAHO )
CASE NO. CUP-03-025
ORDER OF
CONDITIONAL
APPROVAL OF
CONDITIONAL USE
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, Idaho Banking Company, is granted a conditional use for a bank facility
with adrive-through window in a C-C zone for Idaho Banking Company, located at 1875 South
Eagle Road, Meridian, Idaho. The requested conditional use is described in the legal and vicinity
map which are on file in the Clerk's office located at Meridian City Hall, 33 East Idaho,
Meridian, Idaho.
2. That the above named applicant is granted a conditional use permit for a bank facility with
a drive-through window in a C-C zone for Idaho Banking Company, located at 1875 South Eagle
Road, Meridian, Idaho, subject to the following conditions of use and development:
A. Adopt the Recommendafions of the Planning and Zoning and Engineering staff as
follows:
1. The final plat for Bonito Subdivision must be recorded prior to issuance of a
ORDER OF CONDITIONAL APPROVAL OF
CONDITIONAL USE PERMIT -IDAHO BANKING COMPANY
FOR IDAHO BANKING COMPANY (CUP-03-025)
PAGE 1 OF 6
Certificate of Zoning Compliance (CZC) for the bank.
2. This conditional use permit shall be subject to the expiration provisions set forth in
MCC 11-17-4.B.
3. Any Lot Line Adjustment, cross-access easement, or re-subdivision applications
necessary to accommodate the subject site plan must be approved and/or submitted to
the City prior to the issuance of a Certificate of Zoning Compliance for the site.
4. Staffis herebv azanted administrative authoritvto approveminormodifications to the
adopted Site Plan and west elevation prior to issuance of a buildine permit.
However, no post-approval modifications are permitted to building materials, roof
lines, traffic circulation patterns and all drive-through related elements of the Site
Plan.
5. Sanitary sewer and water service shall be from existing service lines on the property.
6. 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.
7. 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.
All construction and site improvements shall conform to the requirements of the
Americans with Disabilities Act and the adopted building and fire codes.
9. A drainage plan designed by a State of Idaho licensed azchitect 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
ORDER OF CONDITIONAL APPROVAL OF
CONDITIONAL USE PERMIT -IDAHO BANKING COMPANY
FOR IDAHO BANKING COMPANY (CUP-03-025)
PAGE 2 OF 6
regarding Shallow Injection Wells.
10. Certificate of Occupancy: All required improvements must be complete prior to
obtaining a Certificate of Occupancy for the proposed development. A temporary
Certificate of Occupancy may be obtained by providing surety to the City in the form
of a letter of credit or cash in the amount of 110% of the cost of the required
improvements (including paving, striping, landscaping, and irrigation). A bid must
accompany any request for temporary occupancy.
B. Adopt the Recommendations of the Meridian Fire Department as follows:
The following will be the requirements and/or concerns to provide minimum levels of fire
protection for the proposed project:
1. Provide afire-flow per the Uniform Fire Code Appendix III-A to service the project.
Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A
2. All internal roads shall have a fuming radius of 28' inside and 48' outside.
3. All access roads 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 Central District Health Department as follows:
1. This proposal can be approved for central sewage & central water after written
approval from appropriate entities is submitted.
2. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of Environmental
Quality.
Run-off is not to create a mosquito breeding problem.
4. Stormwater shall be pretreated through a grassy swale prior to dischazge to the
subsurface to prevent impact to groundwater and surface water quality.
5. The Engineers and azchitects involved with the design of the subject project shall
obtain current best management practices for stormwater disposal and design a
stormwater management system that prevents groundwater and surface water degradation.
ORDER OF CONDITIONAL APPROVAL OF
CONDITIONAL USE PERMIT -IDAHO BANKING COMPANY
FOR IDAHO BANKING COMPANY (CUP-03-025)
PAGE 3 OF 6
D. Adopt the Recommendations of Ada County Highway District as follows:
On January 16, 2002 the ACHD Commissioners acted on Bonito Subdivision (El
Dorado). The conditions and requirements also apply to MCUP-03-025.
E. Adopt the Recommendations of Sanitary Service as follows:
The waste enclosure inside the gate post clearance needs to be a minimum of 10'.
F. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows:
1. All laterals and waste ways must be protected. If all storm drainage is retained on-
site there will be no impact on Nampa & Meridian Irrigation District.
3. The above conditions aze 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
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
ORDER OF CONDITIONAL APPROVAL OF
CONDITIONAL USE PERMIT -IDAHO BANKING COMPANY
FOR IDAHO BANKING COMPANY (CUP-03-025)
PAGE 4 OF 6
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.
?z.
~Biy~acti~on of the City Council at its regular meeting held on the ~ day of
~~2~C/ ' 2003.
obert D. Corrie,
Mayor City of Meridian
ORDER OF CONDITIONAL APPROVAL OF
CONDITIONAL USE PERMIT -IDAHO BANKING COMPANY
FOR IDAHO BANKING COMPANY (CUP-03-025)
PAGE 5 OF 6
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ORDER OF CONDITIONAL APPROVAL OF
CONDITIONAL USE PERMIT -IDAHO BANKING COMPANY
FOR IDAHO BANKING COMPANY (CUP-03-025)
PAGE 6 OF 6
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BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 08/05/03
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR A BANK
FACILITY WITH ADRIVE-
THROUGH WINDOW IN A C-C
ZONE FOR IDAHO BANKING
COMPANY, LOCATED AT 1875
SOUTH EAGLE ROAD, MERIDIAN,
IDAHO
Case No. CUP-03-025
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL USE
PERMIT
IDAHO BANKING COMPANY,
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 Cornel Larson, 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 1 OF 16
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.
This proposed development request is in a C-C 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 1875 South Eagle Road, Meridian, Idaho, located near
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 2 OF 16
the intersection of Overland Road and Eagle Road, approximately '/ of a mile south of the I-
84/Eagle Road interchange, Meridian, Idaho 83642. The following uses surround the subject
property:
North -Future, undeveloped lot within Bonito Subdivision, zoned C-C
South -Future, undeveloped lot within Bonito Subdivision, zoned C-C
East- Silverstone Subdivision, zoned C-C
West - Future, undeveloped lot within Bonito Subdivision, zoned C-C
The owner of record of the subject property is Kimball Properties Limited
Partnership, 600 N. Steelhead Way, Suite 144, P.O. Box 8204, Boise, Idaho 83707-2204, and
they have given their consent for the applicant, Lazson Architects, to submit the requested
conditional use permit.
6. Applicant is Idaho Banking Company, 6010 Fairview Avenue, P.O. Box 44639,
Boise, Idaho.
The subject property is currently zoned C-C (Community Business). The zoning
district of C-C is defined within the City of Meridian Zoning and Development Ordinance,
Section 11-7-2. The El Dorado fmal plat (recorded as Bonito) was approved by Council on
March 11, 2003, but has not yet been recorded by the subdivision developer, W.H. Moore
Company. The Idaho Banking Company facility is proposed to be on Lot 6, Block 4 within
Bonito Subdivision. The applicant's representative, Larson Architects, submitted a letter to the
City (dated 6-4-03) stating they understand that the CUP 18-month validity remains in effect,
even though the application is submitted prior to the plat being rewrded.
8. The proposed application requests a conditional use permit for a bank facility with
a drive-through window in a C-C zone for Idaho Banking Company. The C-C zoning
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 3 OF 16
designation is within the City of Meridian Zoning and Development Ordinance requires a
conditional use permit be obtained for most uses including those requested by the Applicant.
(Meridian City Zoning and Development Ordinance, Section 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 considerafion 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
follows:
The final plat for Bonito Subdivision must be recorded prior to issuance of a
Certificate of Zoning Compliance (CZC) for the bank.
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 16
MCC 11-17-4.B.
3. Any Lot Line Adjustment, cross-access easement, or re-subdivision applications
necessary to accommodate the subject site plan must be approved and/or submitted to
the City prior to the issuance of a Certificate of Zoning Compliance for the site.
4. Staffis hereby granted administrative authorityto arororove minor modifications to the
adoroted Site Plan and west elevation prior to issuance of a building~ermit.
However, no post-approval modifications are permitted to building materials, roof
lines, traffic circulation patterns and all drive-through related elements of the Site
Plan.
5. Sanitary sewer and water service shall be from existing service lines on the property.
6. 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.
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 chazacter of sign submitted
with the application, with a 13'-6" maximum overall height.
8. All construction and site improvements shall conform to the requirements of the
Americans with Disabilities Act and the adopted building and fire codes.
9. 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 pazking azeas. 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
regazding Shallow Injection Wells.
10. Certificate of Occupancy: All required improvements must be complete prior to
obtaining a Certificate of Occupancy for the proposed development. A temporary
Certificate of Occupancy may be obtained by providing surety to the City in the form
of a letter of credit or cash in the amount of 110% of the cost of the required
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 5 OF 16
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:
The following will be the requirements and/or concerns to provide minimum levels of fire
protection for the proposed project:
1. Provide afire-flow per the Uniform Fire Code Appendix III-A to service the project.
Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A
2. All internal roads shall have a turning radius of 28' inside and 48' outside.
3. All access roads within the project shall have a clear driving surface with a minimum
width of 20' available at all times. UFC 902.2.2.1
C. Adopt the Recommendations of Central District Health Department as follows:
1. This proposal can be approved for central sewage & central water after written
approval from appropriate entities is submitted.
2. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of Environmental
Quality.
3. Run-off is not to create a mosquito breeding problem.
4. Stormwater shall be pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
5. The Engineers and architects involved with the design of the subject project shall
obtain current best management practices for stormwater disposal and design a
stormwater management system that prevents groundwater and surface water degradation.
D. Adopt the Recommendations of Ada County Highway District as follows:
On January 16, 2002 the ACHD Commissioners acted on Bonito Subdivision (El
Dorado). The conditions and requirements also apply to MCUP-03-025.
E. Adopt the Recommendations of Sanitary Service as follows:
The waste enclosure inside the gate post clearance needs to be a minimum of 10'.
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 6 OF 16
F. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows:
All laterals and waste ways must be protected. If all storm drainage is retained on-
site there will be no impact on Nampa & Meridian Irrigation District.
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-C. 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 chazacter 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 7 OF 16
20. It is found that the proposed use will not create significant interference with any
traffic on the surrounding public streets. ACHD/ITD comments will provide additional details
on the issue.
2 L 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 S OF 16
that the evidential showing supports the finding that the following standards are met and that the
proposed development: (Meridian City Code § 11-17-3)
a. That the site is large enough to accommodate the proposed use and all yards,
open spaces, 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;
£ 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 Community Business (C-C), a
public hearing shall be conducted with notice to be published and provided to property owners or
purchasers of record within three hundred feet (300') of the external boundaries of the land under
consideration for the conditional use permit all in accordance with the provisions of Meridian
City Code § 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 9 OF 16
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 beheld 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 10 OF 16
Ordinance.
8. The City of Meridian has, by ordinance, established the hnpact 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 a bank
facility with adrive-through window in a C-C zone for Idaho Banking Company located at 1875
South Eagle Road, Meridian, Idaho, subject to the following conditions of use and development,
subject to the following:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
The final plat for Bonito Subdivision must be recorded prior to issuance of a
Certificate of Zoning Compliance (CZC) for the bank.
2. This conditional use permit shall be subject to the expiration provisions set forth in
MCC 11-17-4.B.
Any Lot Line Adjustment, cross-access easement, or re-subdivision applications
necessary to accommodate the subj ect site plan must be approved and/or submitted to
the City prior to the issuance of a Certificate of Zoning Compliance for the site.
4. Staffis hereby eranted administrative authoritvto approve minor modifications to the
adopted Site Plan and west elevation prior to issuance of a buildingpermit. However,
no post-approval modifications are pemutted to building materials, rooflines, traffic
circulation patterns and all drive-through related elements of the Site Plan.
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 11 OF 16
5. Sanitary sewer and water service shall be from existing service lines on the property.
6. 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.
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.
8. All construction and site improvements shall conform to the requirements of the
Americans with Disabilities Act and the adopted building and fire codes.
9. A drainage plan designed by a State of Idaho licensed azchitect 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.
10. Certificate of Occupancy: Al] required improvements must be complete prior to
obtaining a Certificate of Occupancy for the proposed development. A temporary
Certificate of Occupancy maybe obtained by providing surety to the City in the form
of a letter of credit or cash in the amount of 110% of the cost of the required
improvements (including paving, striping, landscaping, and irrigation). A bid must
accompany any request for temporary occupancy.
B. Adopt the Recommendations of the Meridian Fire Department as follows:
The following will be the requirements and/or concerns to provide minimum levels of fire
protection for the proposed project:
1. Provide afire-flow per the Uniform Fire Code Appendix III-A to service the project.
Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A
2. All internal roads shall have a fuming radius of 28' inside and 48' outside.
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 12 OF 16
All access roads within the project shall have a clear driving surface with a minimum
width of 20' available at all times. UFC 902.2.2.1
C. Adopt the Recommendations of Central District Health Department as follows:
1. This proposal can be approved for central sewage & central water after written
approval from appropriate entities is submitted.
2. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfaze, Division of
Environmental Quality.
3. Run-off is not to create a mosquito breeding problem.
4. Stormwater shall be pretreated through a grassy Swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
5. The Engineers and architects involved with the design of the subject project shall
obtain current best management practices for stormwater disposal and design a
stormwater management system that prevents groundwater and surface water
degradation.
D. Adopt the Recommendations of Ada County Highway District as follows:
Chi January 16, 2002 the ACHD Commissioners acted on Bonito Subdivision (El
Dorado). The conditions and requirements also apply to MCUP-03-025.
E. Adopt the Recommendations of Sanitary Service as follows:
The waste enclosure inside the gate post clearance needs to be a minimum of 10'.
F. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows:
All laterals and waste ways must be protected. If all storm drainage is retained on-site
there will be no impact on Nampa & Meridian Irrigation District.
The above conditions are concluded to be reasonable and the applicant shall meet
such requirements as a condition of approval of the application for a conditional use permit.
4. That the City Attorney draft an Order Granting Conditional Use Permit
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 13 OF 16
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
year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17-
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 14 OF 16
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 time period within which a Petition
for Judicial Review maybe filed.
By action of the City Council at its regular meeting held on the ~ day of
~ , 2003.
ROLL CALL:
COUNCILMAN KEITH BIRD VOTED_~
COUNCILWOMAN TAMMY deWEERD VOTED ~"`'
COUNCILWOMAN CHERIE Mc LANDLESS VOTED_C~~.~L.-
COUNCILMAN WILLIAM L.M. NARY VOTED~~-
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED ~-
DATED:~~~~3
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 15 OF 16
MOTION:
APPROVED:
Attest:
DISAPPROVED:
Mayor Robert .Come
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FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 16 OF 16