HomeMy WebLinkAboutIdaho Central Cred CUP 03-046Interoffice
MEMORANDUM
RECEIVED
To:
From:
Subject:
File No.:
Date:
William G. Berg, Jr.
William F. Nichols
BY: IDAHO CENTRAL CREDIT UNION FOR CONDITIONAL USE PERMIT
FOR AN ANCILLARY DRIVE-THRU FOR A FULL SERVICE BANK
FACILITY IN A L-O ZONE
CUP-03-046
November 17, 2003
Will:
NOV 1 7 2003
City Of Meridian
City Clerk Office
Please find attached the original FINDINGS OF FACT CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT
TO CONDITIONS and ORDER for the above matter. Please place this matter upon an
upcoming Consent Agenda for Council discussion and decision.
If you should have any questions please give me a call.
Z:\WorkNM1\Meridian\Meridian 15360M\Idaho Central Credit Union CUP-03-046\CIkLUCUPffcls&Order l l 17 03.dm
BEFORE THE CTI'Y COUNCIL OF THE CITY OF MERH)IAN
C/C 11/12/03
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR A FULL
SERVICE BANK WITH ADRIVE-
THROUGH IN AN L-O ZONE FOR
IDAHO CENTRAL CREDIT UNION,
LOCATED NEAR THE
INTERSECTION OF OVERLAND
ROAD AND EAGLE ROAD,
APPROXIMATELY '/ OF A MILE
SOUTH OF THE I-84/EAGLE ROAD
INTERCHANGE, MERIDLAN,
IDAHO
Case No. CUP-03-046
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL U5E
PERMIT
IDAHO CENTRAL CREDIT UNION,
APPLICANT
The above entitled conditional use permit application having come before the City
Council on November 12, 2003 at the hour of 7:00 p.m, at Meridian City Hall, 33 East Idaho
Street, Meridian, Idaho, and Brad Hawkins-Clark Planner III for the Planning and Zoning
Department, and Steve Christensen, 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
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 1 OF 24
Order to-wit:
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 November 12, 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 November 12, 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 Pmof of Posting filed with the staff
report.
3. This proposed development request is in a Ir0 zone and by reason of the
provisions of the Meridian City Code § 11-17-4, a public hearing was required before the City
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDTfIONAL USE PERMIT
PAGE 2 OF 24
Council on this application.
4. The property is located neaz the intersection of Overland Road and Eagle Road,
approximately'/ of a mile south of the I-84/Eagle Road interchange, Meridian, Idaho. The
following uses surround the subject property:
North -Undeveloped, Playground Subdivision, zoned C-G
South -Undeveloped pazcel, zoned R-4
East - Undeveloped parcels zoned RUT (Ada County)
West - Undeveloped parcel, zoned C-G
5. The owner of record of the subject property is Resolution Business Park, LLC,
and they have given their consent for the applicant to submit the requested conditional use
permit.
6. Applicant is Idaho Central Credit Union.
The subject property is currently zoned L-O (Limited Office). The zoning district
of L-O is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-
2.
8. The proposed application requests a conditional use permit for an ancillary drive-
through for a full service bank facility in an L-O zone for Idaho Central Credit Union. The L-O
zoning designation is within the City of Meridian Zoning and Development Ordinance requires a
conditional use permit be obtained for most uses including those requested by the Applicant.
(Meridian City Zoning and Development Ordinance, Section 11-8-1).
9. The proposed application is in compliance with the Meridian Comprehensive
Plan, which designates the subject property as "Light Office".
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 3 OF 24
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
follows:
CONDITIONS OF APPROVAL
This conditional use permit shall be subject to the expiration provisions set forth in MCC 11-
17-4.B.
2. Sanitary sewer and water service shall be from existing service lines on the property.
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.
4. 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 shall require
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 4 OF 24
separate permits. Signs shall conform to the character of sign submitted with the application,
with a 13'-6" maximum overall height.
5. All construction and site improvements shall conform to the requirements ofthe Americans
with Disabilities Act and the adopted building and fire codes.
6. 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 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.
7. 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.
2. All internal roads shall have a turning radius of 28' inside and 48' outside.
3. Al] access roads within the project shall have a cleaz driving surface with a minimum width of
20' available at all times.
C. Adopt the recommendations of the Ada County Highway District as follows:
On May 3, 2000 the Ada County Highway District Commissioners acted on Resolution
Business Park. The conditions and requirements also apply to MCUP03-046, as follows:
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 5 OF 24
Site Saecitic Requirements:
Dedicate 48-feet ofright-of--way from the centerline of Overland Road abutting the parcel
by means of recordation of a final subdivision plat or execution of a warranty deed prior
to issuance of a building permit (or other required permits), whichever occurs first.
Allow up to 30 business days to process the right-of--way dedication after receipt of all
requested material. The owner will be compensated for all right-of--way dedicated as an
addition to existing right-of--way from available impact fee revenues in this benefit zone,
if the owner submits a letter of application to the impact fee administrator prior to
breaking ground, in accordance with Section 15 of ACHD Ordinance #193.
2. Dedicate 48-feet ofright-of--way from the centerline of Locust Grove Road abutting the
parcel by means of recordation of a final subdivision plat or execution of a warranty deed
prior to issuance of a building permit (or other required permits), whichever occurs first.
Allow up to 30 business days to process the right-of--way dedication after receipt of all
requested material. The owner will be compensated for all right-of--way dedicated as an
addition to existing right-of--way from available impact fee revenues in this benefit zone,
if the owner submits a letter of application to the impact fee administrator prior to
breaking ground, in accordance with Section 15 of ACHD Ordinance #193.
3. Provide a stub street to the south property line located 1,000-feet west of the east property
line. Provide a paved temporary turnaround at the end of the stub with a temporary
easement provided to the District. Install a sign at the terminus of the roadway stating
that, "THIS ROAD WILL BE EXTENDED 1N THE FUTURE". Coordinate the sign plan
for the stub street, and the design of the turnaround with District staff.
4. Provide a stub street to the east property line located 400-feet south of Overland Road.
Provide a paved temporary turnaround at the end of the stub with a temporary easement
provided to the District. Install a sign at the terminus of the roadway stating that, "THIS
ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub
street, and the design of the turnaround with District staff.
5. Provide a $112,500.00 deposit to the Public Rights-of--Way Trust Fund for 75-percent of
the cost to construct a traffic signal on Overland Road for the new collector roadway.
The District will construct the signal when it is warranted.
6. Provide a $37,500.00 deposit to the Public Rights-of--Way Trust Fund for 25-percent of
the cost of constructing a traffic signal at the Overland Road/hocust Grove Road
intersection. The District will construct the signal when it is warranted.
Provide a $52,800.00 deposit to the Public Rights-of--Way Trust Fund for the cost of
construcfing a 5-foot wide concrete sidewalk on Overland Road abutting the parcel
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 6 OF 24
(approximately 2,640-feet) prior to District approval of a final plat, whichever occurs
first.
8. Construct a 5-foot wide concrete sidewalk on Locust Grove Road abutting the parcel
prior to District approval of a final plat. Locate the sidewalk two feet within the new
right-of--way of Locust Grove Road. Coordinate the location and elevation of the
sidewalk with District staff.
9. Locate two driveways on Locust Grove Road as follows:
• The northern driveway shall be located 550-feet south of Overland Road to
align with Peacock Street to the west.
• The southern driveway shall be located 75-feet north of the south property
line.
The driveways shall be constructed 30 to 35-foot wide with 15-foot radii pavement tapers
abutting the roadway. Provide 100-feet of stacking for both the inbound and out-bound
travel lanes for the driveways. Coordinate the design of the driveways with District staff.
10. Locate three driveways on Overland Road as follows:
• 480-feet east of Locust Grove Road: provide a minimum of 50-feet of
stacking for this driveway.
• 930-feet east of Locust Grove Road: provide a minimum of 50-feet of
stacking for this driveway.
• 1,280-feet east of Locust Grove Road: provide a minimum of 100-feet of
stacking for this driveway.
The driveways shall be constructed 30 to 35-feet wide with 15-foot radii pavement tapers
abutting the existing roadway edge.
11. Locate two public roads as follows:
• off Overland Road 320-feet west of the east property line: locate
driveways off this public street a minimum of 100-feet south of Overland
Road. The roadway shall be constructed as a 40-foot street section with
curbs gutters and 5-foot wide concrete sidewalks within 58-feet of right-
of-way.
• off Overland Road 850-feet west of the east property line: driveways off
this roadway shall be located a minimum of 175-feet south of Overland
Road and consecutive driveways are required to align or offset a minimum
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 7 OF 24
of 150-feet. The roadway shall be constructed as a 46-foot street section
with curbs, gutters, and a 5-foot wide wricrete sidewalk within 64-feet of
right-of--way. The applicant shall be required to construct a signal for the
roadway/Overland Road intersection. Coordinate the design of the
signalized intersection with District staff.
12. Locate an east/west road 400-feet south of Overland Road: locate driveways on the
east/west roadway a minimum of 50-feet from a public street intersection. The traffic
circle within the roadway shall be constructed to provide a minimum of 29-feet wide
street section around the traffic circle. A YIELD sign shall be installed at all approaches
into the island and a directional island shall be constructed in the street approaches to the
traffic circle to guide motorists in the proper direction. The pedestrian crossings shall be
located at the intersection to improve pedestrian/vehicular recognition and safety.
Coordinate the design of the buffer circle, the traffic control plan and location of the
pedestrian crossings with District staff.
13. As required by District policy, restrictions on the width, number and locations of
driveways, shall be placed on future development of this parcel.
14. Construct a center turn lane on Overland Road and Locust Grove Road abutting the entire
site.
15. In accordance with District policy, stub streets to the school parcel abutting this site
should be extended upon review of a future application for this site.
16. Other than the access points specifically approved with this application, direct lot or
parcel access to Overland Road and Locust Grove Road is prohibited. Lot access
restrictions, as required with this application, shall be stated on the final plat.
Standard Reauirements:
A request for modification, variance or waiver of any requirement or policy outlined
herein shall be made in writing to the ACHD Planning and Development Supervisor. The
reauest shall specifically identify each requirement to be reconsidered and include a
written explanation of why such a requirement would result in a substantial hardship or
inequity The written request shall be submitted to the District no later than 9:00 a.m. on
the day scheduled for ACHD Commission action. Those items shall be rescheduled for
discussion with the Commission on the next available meeting agenda.
Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission
action do not provide sufficient time for District staff to remove the item from the consent
agenda and report to the Commission regarding the requested modification, variance or
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 8 OF 24
waiver. Those items will be acted on by the Commission unless removed from the
agenda by the Commission.
2. After ACRD Commission action, any request for reconsideration ofthe Commission's
action shall be made in writing to the Planning and Development Supervisor within six
days of the action and shall include a minimum fee of $110.00. The request for
reconsideration shall specifically identi each requirement to be reconsidered and
include written documentation of data that was not available to the Commission at the
time of its orieinal decision. The request for reconsideration will be heard by the District
Commission at the next regular meeting of the Commission. If the Commission agrees to
reconsider the action, the applicant will be notified of the date and time of the
Commission meeting at which the reconsideration will be heard.
3. Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #193, also known as Ada County Highway District Road
Impact Fee Ordinance.
4. All design and construcfion shall be in accordance with the Ada County Highway District
Policy Manual, ISPWC Standazds 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.
5. The applicant shall submit revised plans for staff approval, prior to issuance of building
permit (or other required permits), which incorporates any required design changes.
6. Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for
occupancy.
It is the responsibility of the applicant to verify all exisfing utilities within the right-of-
way. Existing utilities damaged by the applicant shall be repaired by the applicant at no
cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at
least two full business days prior to breaking ground within ACHD right-of--way. The
applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD
conduits (spaze or filled) are compromised during any phase of construction.
8. No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the applicant or the applicant's authorized representative and an
authorized representative of the Ada County Highway District. The burden shall be upon
the applicant to obtain written confirmation of any change from the Ada County Highway
District.
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 9 OF 24
9. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances,
plans, or other regulatory and legal restricfions in force at the time the applicant or its
successors in interest advises the Highway District of its intent to change the planned use
of the subject property unless awaiver/variance of said requirements or other legal relief
is granted pursuant to the law in effect at the time the change in use is sought.
D. Adopt the recommendations of the Nampa-Meridian Irrigation district as follows:
1. Applicant shall apply for a land use change/site application.
2. All Storm Drainage must be retained on site.
3. All laterals and waterways must be protected.
4. All municipal surface drainage must be retained on site. If any surface drainage leaves
the site, the District must review drainage plans.
The Developer must comply with Idaho Code 31-3805.
6. Should the development be planning a pressure urban irrigation system that will be
owned, operated and maintained by the District, contact the District concerning the
installation of the pressure system.
Fill out questionnaire and return in order to initiate the process of contractual agreements
between the owner or developer and the District for the ownership, operation and
maintenance of the pressure urban irrigation system.
E. Adopt the action of the City Council taken at their November 12, 2003 meeting as follows:
The applicant has indicated that they intend to subdivide the subject property at a later
date, and at that time the applicant shall be required, pertaining to the parking aisle on
the west side of the subject property, to "stub" to the proposed new lot to provide
access.
2. The applicant shall establish a shazed access easement on the south driveway.
13. It is found that the subject property is large enough to accommodate the required
parking, landscaping and other features required by the ordinance.
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 10 OF 24
14. The Comprehensive Plan Land Use Map designates the property as "Light Office"
and it is currently zone L-O. 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. The proposed bank is compatible with the existing
structures which have been constructed on neighboring properties.
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 facilifies and services such as roads, 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. Up-to-date facilities were installed when Resolution Subdivision was
platted.
19. It is found that no excessive traffic, smoke, fumes, glare or odors will result from
the proposed use.
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 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.
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 11 OF 24
CONCLUSIONS OF LAW
The City of Meridian shall exercise the powers conferred upon it by the "Local
Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at
Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council may exercise all the powers required and authorized
under the "Act" except the power to adopt ordinances by the establishment of a Planning and
Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City
Council of the City of Meridian has established by the passage of the "City of Meridian Zoning
and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code.
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
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
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 12 OF 24
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 chazacter of the same azea;
d. That the proposed use, if it complies with all conditions of the approval imposed,
will not adversely affect other property in the vicinity;
e. That the proposed use will be served adequately by essential public facilities and
services such as highways, streets, schools, parks, police and fire protection, drainage structures,
refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed
conditional use shall be able to provide adequately any such services;
f. That the proposed use will not create excessive additional cost for public
facilities and services and will not be detrimental to the economic welfare of the community;
g. That the proposed use will not involve activities or processes, materials,
equipment and conditions of operation that will be detrimental to any persons, property or the
general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;
h. That the proposed use will have vehicular approaches to the property which shall
be so designed as not to create interference with traffic on surrounding public streets; and
i. That the proposed use will not result in the destruction, loss or damage of a
natural, scenic or historic feature considered to be of major importance.
5. Prior to granting a conditional use permit in the Light Office (L-O), a public
hearing shall be conducted with notice to be published and provided to property owners or
purchasers of record within three hundred feet (300') of the external boundaries of the land under
consideration for the conditional use permit all in accordance with the provisions of Meridian
City Code § 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as
follows:
"Prior to approving a Conditional Use 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."
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDTfIONAL USE PERMIT
PAGE 13 OF 24
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
Ordinance.
The City of Meridian has, by ordinance, established the Impact Area and the
Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002,
Resolution No. 02-382 and Maps.
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 14 OF 24
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 in an L-O zone for Idaho Central Credit
Union located near the intersection of Overland Road and Eagle Road, approximately'/ of a mile
south of the I-84/Eagle Road interchange„ Meridian, Idaho, subject to the following conditions
of use and development, subject to the following:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
CONDITIONS OF APPROVAL
This conditional use permit shall be subject to the expiration provisions set forth in MCC 11-
17-4.B.
2. Sanitary sewer and water service shall be from existing service lines on the property.
3. 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.
4. All signage shall be in accordance with the standazds set forth in Section 11-14 of the 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.
5. All construction and site improvements shall conform to the requirements of the Americans
with Disabilities Act and the adopted building and fire codes.
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 15 OF 24
6. 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 azeas.
Storm water treatment and disposal must be designed in accordance with Department of
Environmental Quality 1997 publication Catalog of Storm Water Best Management Pracfices
for Idaho Cities and Counties and City of Meridian standazds and policies. Off-site disposal
into 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.
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.
2. All internal roads shall have a turning radius of 28' inside and 48' outside.
3. All access roads within the proj ect shall have a clear driving surface with a minimum width of
20' available at all times.
C. Adopt the recommendations of the Ada County Highway District as follows:
On May 3, 2000 the Ada County Highway District Commissioners acted on Resolution
Business Park. The conditions and requirements also apply to MCUP03-046, as follows:
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 16 OF 24
Site Specific Requirements:
1. Dedicate 48-feet ofright-of--way from the centerline of Overland Road abutting the parcel
by means of recordation of a final subdivision plat or execution of a warranty deed prior to
issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30
business days to process the right-of--way dedication after receipt of all requested material. The
owner will be compensated for all right-of--way dedicated as an addition to existing right-of--way
from available impact fee revenues in this benefit zone, if the owner submits a letter of
application to the impact fee administrator prior to breaking ground, in accordance with Section
15 ofACHD Ordinance #193.
2. Dedicate 48-feet ofright-of--way from the centerline of Locust Grove Road abutting the
parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to
issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30
business days to process the right-of--way dedication after receipt of all requested material. The
owner will be compensated for all right-of--way dedicated as an addition to existing right-of--way
from available impact fee revenues in this benefit zone, if the owner submits a letter of
application to the impact fee administrator prior to breaking ground, in accordance with Section
15 of ACHD Ordinance #193.
3. Provide a stub street to the south property line located 1,000-feet west of the east property
line. Provide a paved temporary tumaround at the end of the stub with a temporary easement
provided to the District. Install a sign at the terminus of the roadway stating that, "THIS ROAD
WILL BE EX'T'ENDED IN THE FUTURE". Coordinate the sign plan for the stub street, and the
design of the turnaround with District staff.
4. Provide a stub street to the east property line located 400-feet south of Overland Road.
Provide a paved temporary tumaround at the end of the stub with a temporary easement provided
to the District. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE
EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street, and the design of
the turnaround with District staff.
5. Provide a $112,500.00 deposit to the Public Rights-of--Way Trust Fund for 75-percent of
the cost to construct a traffic signal on Overland Road for the new collector roadway. The
District will construct the signal when it is warranted.
6. Provide a $37,500.00 deposit to the Public Rights-of--Way Trust Fund for 25-percent of
the cost of constructing a traffic signal at the Overland Road/Locust Grove Road intersection.
The District will construct the signal when it is warranted.
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 17 OF 24
7. Provide a $52,800.00 deposit to the Public Rights-of--Way Trust Fund for the cost of
constructing a 5-foot wide concrete sidewalk on Overland Road abutting the pazcel
(approximately 2,640-feet) prior to District approval of a final plat, whichever occurs first.
8. Construct a 5-foot wide concrete sidewalk on Locust Grove Road abutting the pazcel
prior to District approval of a final plat. Locate the sidewalk two feet within the new right-of-
way ofLocust Grove Road. Coordinate the location and elevation of the sidewalk with District
staff.
9. Locate two driveways on Locust Grove Road as follows:
• The northern driveway shall be located 550-feet south of Overland Road to
align with Peacock Street to the west.
• The southern driveway shall be located 75-feet north of the south property
line.
The driveways shall be constructed 30 to 35-foot wide with 15-foot radii pavement tapers
abutting the roadway. Provide 100-feet of stacking for both the inbound and out-bound
travel lanes for the driveways. Coordinate the design of the driveways with District staff.
10. Locate three driveways on Overland Road as follows:
• 480-feet east of Locust Grove Road: provide a minimum of 50-feet of
stacking for this driveway.
• 930-feet east of Locust Grove Road: provide a minimum of 50-feet of
stacking for this driveway.
• 1,280-feet east of Locust Grove Road: provide a minimum of 100-feet of
stacking for this driveway.
The driveways shall be constructed 30 to 35-feet wide with 15-foot radii pavement tapers
abutting the existing roadway edge.
11. Locate two public roads as follows:
• off Overland Road 320-feet west of the east property line: locate
driveways offthis public street a minimum of 100-feet south of Overland
Road. The roadway shall be constructed as a 40-foot street section with
curbs gutters and 5-foot wide concrete sidewalks within 58-feet ofright-
of-way.
• off Overland Road 850-feet west of the east property line: driveways off
this roadway shall be located a minimum of 175-feet south of Overland
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 18 OF 24
Road and consecutive driveways aze required to align or offset a minimum
of 150-feet. The roadway shall be constructed as a 46-foot street section
with curbs, gutters, and a 5-foot wide concrete sidewalk within 64-feet of
right-of--way. The applicant shall be required to wnstruct a signal for the
roadway/Overland Road intersection. Coordinate the design of the
signalized intersection with District staff.
12. Locate aneast/west road 400-feet south of Overland Road: locate driveways on the
east/west roadway a minimum of 50-feet from a public street intersection. The traffic circle
within the roadway shall be constructed to provide a minimum of 29-feet wide street section
around the traffic circle. A YIELD sign shall be installed at all approaches into the island and a
directional island shall be constructed in the street approaches to the traffic circle to guide
motorists in the proper direction. The pedestrian crossings shall be located at the intersection to
improve pedestrian/vehicular recognition and safety. Coordinate the design of the buffer circle,
the traffic control plan and location of the pedestrian crossings with District staff.
13. As required by District policy, restrictions on the width, number and locations of
driveways, shall be placed on future development of this parcel.
14. Construct a center turn lane on Overland Road and Locust Grove Road abutting the entire
site.
15. In accordance with District policy, stub streets to the school parcel abutting this site
should be extended upon review of a future application for this site.
16. Other than the access points specifically approved with this application, direct lot or
parcel access to Overland Road and Locust Grove Road is prohibited. Lot access restrictions, as
required with this application, shall be stated on the final plat.
Standard Reauirements:
1. A request for modification, variance or waiver of any requirement or policy outlined
herein shall be made in writing to the ACHD Planning and Development Supervisor. The
re uest shall s ecificall identi each re uirement to be reconsidered and include a
written exolanation of why such a reauirement would result in a substantial hardship or
rnegmty. The written reauest shall be submitted to the District no later than 9.00 a m on
the day scheduled for ACHD Commission action Those items shall be rescheduled for
discussion with the Commission on the next available meeting agenda.
Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission
action do not provide sufficient time for District staff to remove the item from the consent
agenda and report to the Commission regarding the requested modification, variance or
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTIIVG
CONDITIONAL USE PERMIT
PAGE 19 OF 24
waiver. Those items will be acted on by the Commission unless removed from the
agenda by the Commission.
2. After ACRD Commission action, any request for reconsideration ofthe Commission's
action shall be made in writing to the Planning and Development Supervisor within six
days of the action and shall include a minimum fee of $110.00. The request for
reconsideration shall specifically identify each requirement to be reconsidered and
include wntten documentation of data that was not available to the Commission at the
time of its orieinal decision The request for reconsideration will be heard by the District
Commission at the next regular meeting of the Commission. If the Commission agrees to
reconsider the action, the applicant will be notified of the date and time of the
Commission meeting at which the reconsideration will be heard.
Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #193, also known as Ada County Highway District Road
Impact Fee Ordinance.
4. All design and construction shall be in accordance with the Ada County Highway District
Policy Manual, ISPWC Standards and approved supplements, Construction Services
procedures and all applicable ACHD Ordinances unless specifically waived herein. An
engineer registered in the State of Idaho shall prepare and certify all improvement plans.
5. The applicant shall submit revised plans for staff approval, prior to issuance of building
permit (or other required permits), which incorporates any required design changes.
6. Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for
occupancy.
It is the responsibility of the applicant to verify all existing utilities within the right-of-
way. Existing utilities damaged by the applicant shall be repaired by the applicant at no
cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at
least two full business days prior to breaking ground within ACHD right-of--way. The
applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACHD
conduits (spare or filled) are compromised during any phase of construction.
8. No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the applicant or the applicant's authorized representative and an
authorized representative of the Ada County Highway District. The burden shall be upon
the applicant to obtain written confirmation of any change from the Ada County Highway
District.
FIIVDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDPfIONAL USE PERMIT
PAGE 20 OF 24
9. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances,
plans, or other regulatory and legal restrictions in force at the time the applicant or its
successors in interest advises the Highway District of its intent to change the planned use
of the subject property unless awaiver/variance of said requirements or other legal relief
is granted pursuant to the law in effect at the time the change in use is sought.
D. Adopt the recommendations of the Nampa-Meridian Irrigation district as follows:
Applicant shall apply for a land use change/site application.
2. All Storm Drainage must be retained on site.
All laterals and waterways must be protected.
4. All municipal surface drainage must be retained on site. If any surface drainage leaves
the site, the District must review drainage plans.
5. The Developer must comply with Idaho Code 31-3805.
6. Should the development be planning a pressure urban irrigation system that will be
owned, operated and maintained by the District, contact the District concerning the
installation of the pressure system.
Fill out questionnaire and return in order to initiate the process of contractual agreements
between the owner or developer and the District for the ownership, operation and
maintenance of the pressure urban irrigation system.
E. Adopt the action of the City Council taken at their November 12, 2003 meeting as follows:
The applicant has indicated that they intend to subdivide the subject property at a
later date, and at that time the applicant shall be required, pertaining to the parking
aisle on the west side of the subject property, to "stub" to the proposed new lot to
provide access.
2. The applicant shall establish a shared access easement on the south driveway.
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 21 OF 24
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.
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 wnditional 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
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 22 OF 24
multiple phases, such phases shall be constructed within successive intervals of one yeaz 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 fixture 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 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 CANDLESS VOTED
COUNCILMAN WILLIAM L.M. NARY VOTED
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED
DATED:
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 23 OF 24
MOTION:
APPROVED:
Attest:
DISAPPROVED:
Mayor Robert D. Come
William G. Berg, Jr., City Clerk
Copy served upon Applicant, Planning and Zoning Department, Public Works
Department and the City Attorney.
By:
City Clerk
Dated:
Z:\WorkVNUNeridianN-leridian 15360MUdahoCrntral Credi[ Union CUP-03-046\FtCIsCiJP03-046.doc
FIIVDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 24 OF 24
BEFORE THE MERIDIAN CITY COUNCIL
C/C 11-12-03
IN THE MATTER OF THE APPLICATION OF )
IDAHO CENTRAL CREDIT UNION, FORA )
CONDITIONAL U5E PERMIT FOR A FULL )
SERVICE BANK WITH ADRIVE-THROUGH )
IN A L-O ZONE FOR IDAHO CENTRAL CREDIT )
UNION, LOCATED NEAR THE INTERSECTION OF )
OVERLAND ROAD AND EAGLE ROAD, )
APPROXIMATELY '/a OF A MILE SOUTH OF THE )
I-84/EAGLE ROAD INTERCHANGE, MERIDIAN, )
IDAHO ~
CASE NO. CUP-03-046
ORDER OF
CONDITIONAL
APPROVAL OF
CONDITIONAL USE
PERMIT
This matter coming before the City Council on the 12`s day of November, 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 Counci] takes the following action:
1. That the Applicant, Idaho Central Credit Union, is granted a conditional use for an ancillary
drive-through for a full service bank facility in a L-O zone for Idaho Central Credit Union,
located near the intersection of Overland Road and Eagle Road, approximately'/ of a mile south
of the I-84/Eagle Road Interchange, 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 in a L-O zone for Idaho Central Credit Union, located near
the intersection of Overland Road and Eagle Road, approximately'/ of a mile south of the I-
84/Eagle Road Interchange, Meridian, Idaho, subject to the following conditions of use and
development:
ORDER OF CONDITIONAL APPROVAL OF
CONDITIONAL USE PERMIT -IDAHO CENTRAL CREDIT UNION
(CUP-03-046)
PAGE 1 OF 10
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
CONDITIONS OF APPROVAL
1. This conditional use permit shall be subject to the expiration provisions set forth in MCC 11-
17-4.B.
2. Sanitary sewer and water service shall be from existing service lines on the property.
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.
4. All signage shall be in acwrdance 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.
5. All construction and site improvements shall conform to the requirements of the Americans
with Disabilities Act and the adopted building and fire codes.
6. 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 ofMeridian standards and policies. Off-site disposal
into 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.
7. 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
ORDER OF CONDITIONAL APPROVAL OF
CONDITIONAL USE PERMIT -IDAHO CENTRAL CREDIT UNION
(CUP-03-046)
PAGE 2 OF 10
cash in the amount of 110% of the cost of the required improvements (including paving,
striping, landscaping, and imgation). 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.
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 clear driving surface with a minimum width of
20' available at all times.
C. Adopt the recommendations of the Ada County Highway District as follows:
On May 3, 2000 the Ada County Highway District Commissioners acted on Resolution
Business Park. The conditions and requirements also apply to MCL1P03-046, as follows:
Site Specific Reguirements•
Dedicate 48-feet ofright-of--way from the centerline of Overland Road abutting the parcel
by means of recordation of a final subdivision plat or execution of a warranty deed prior
to issuance of a building permit (or other required permits), whichever occurs first.
Allow up to 30 business days to process the right-of--way dedication after receipt of all
requested material. The owner will be compensated for all right-of--way dedicated as an
addition to existing right-of--way from available impact fee revenues in this benefit zone,
if the owner submits a letter of application to the impact fee administrator prior to
breaking ground, in accordance with Section 15 ofACHD Ordinance #193.
2. Dedicate 48-feet ofright-of--way from the centerline of Locust Grove Road abutting the
parcel by means of recordation of a final subdivision plat or execution of a warranty deed
prior to issuance of a building permit (or other required permits), whichever occurs first.
Allow up to 30 business days to process the right-of--way dedication after receipt of all
requested material. The owner will be compensated for all right-of--way dedicated as an
addition to existing right-of--way from available impact fee revenues in this benefit zone,
if the owner submits a letter of application to the impact fee administrator prior to
breaking ground, in accordance with Section 15 of ACRD Ordinance #193.
ORDER OF CONDITIONAL APPROVAL OF
CONDITIONAL USE PERMTl' -IDAHO CENTRAL CREDIT UNION
(CUP-03-046)
PAGE 3 OF 10
3. Provide a stub street to the south property line located 1,000-feet west of the east property
line. Provide a paved temporary turnaround at the end of the stub with a temporary
easement provided to the District. Install a sign at the terminus of the roadway stating
that, "THIS ROAD WILL BE EXTENDED 1N THE FUTURE". Coordinate the sign plan
for the stub street, and the design of the turnaround with District staff.
4. Provide a stub street to the east property line located 400-feet south of Overland Road.
Provide a paved temporary turnaround at the end of the stub with a temporary easement
provided to the District. Install a sign at the terminus of the roadway stating that, "THIS
ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub
street, and the design of the turnaround with District staff.
5. Provide a $112,500.00 deposit to the Public Rights-of--Way Trust Fund for 75-percent of
the cost to construct a traffic signal on Overland Road for the new collector roadway.
The District will construct the signal when it is warranted.
6. Provide a $37,500.00 deposit to the Public Rights-of--Way Trust Fund for 25-percent of
the cost of constructing a traffic signal at the Overland Road/Locust Grove Road
intersection. The District will construct the signal when it is warranted.
7. Provide a $52,800.00 deposit to the Public Rights-of--Way Trust Fund for the cost of
constructing a 5-foot wide concrete sidewalk on Overland Road abutting the parcel
(approximately 2,640-feet) prior to District approval of a final plat, whichever occurs
first.
8. Construct a 5-foot wide concrete sidewalk on Locust Grove Road abutting the parcel
prior to District approval of a final plat. Locate the sidewalk two feet within the new
right-of--way of Locust Grove Road. Coordinate the location and elevation of the
sidewalk with District staff.
9. Locate two driveways on Locust Grove Road as follows:
• The northern driveway shall be located 550-feet south of Overland Road to
align with Peacock Street to the west.
• The southern driveway shall be located 75-feet north of the south property
line.
ORDER OF CONDITIONAL APPROVAL OF
CONDITIONAL USE PERMIT -IDAHO CENTRAL CREDIT UNION
(CUP-03-046)
PAGE 4 OF 10
The driveways shall be constructed 30 to 35-foot wide with 15-foot radii
pavement tapers abutting the roadway. Provide 100-feet of stacking for both the inbound
and out-bound travel lanes for the driveways. Coordinate the design of the driveways
with District staff.
10. Locate three driveways on Overland Road as follows:
• 480-feet east of Locust Grove Road: provide a minimum of 50-feet of
stacking for this driveway.
• 930-feet east of Locust Grove Road: provide a minimum of 50-feet of
stacking for this driveway.
• 1,280-feet east of Locust Grove Road: provide a minimum of 100-feet of
stacking for this driveway.
The driveways shall be constructed 30 to 35-feet wide with 15-foot radii pavement tapers
abutting the existing roadway edge.
11. Locate two public roads as follows:
• off Overland Road 320-feet west of the east property line: locate
driveways off this public street a minimum of 100-feet south of Overland
Road. The roadway shall be constructed as a 40-foot street section with
curbs gutters and 5-foot wide concrete sidewalks within 58-feet ofright-
of-way.
• off Overland Road 850-feet west of the east property line: driveways off
this roadway shall be located a minimum of 175-feet south of Overland
Road and consecutive driveways are required to align or offset a minimum
of 150-feet. The roadway shall be constructed as a 46-foot street section
with curbs, gutters, and a 5-foot wide concrete sidewalk within 64-feet of
right-of--way. The applicant shall be required to construct a signal for the
roadway/Overland Road intersection. Coordinate the design of the
signalized intersection with District staff.
12. Locate an east/west road 400-feet south of Overland Road: locate driveways on the
east/west roadway a minimum of 50-feet from a public street intersection. The traffic
circle within the roadway shall be constructed to provide a minimum of 29-feet wide
street section around the traffic circle. A YIELD sign shall be installed at all approaches
into the island and a directional island shall be constructed in the street approaches to the
traffic circle to guide motorists in the proper direction. The pedestrian crossings shall be
located at the intersection to improve pedestrian/vehicular recognition and safety.
ORDER OF CONDITIONAL APPROVAL OF
CONDITIONAL USE PERMIT -IDAHO CENTRAL CREDIT UNION
(CUP-03-046)
PAGE 5 OF 10
Coordinate the design of the buffer circle, the traffic control plan and location of the
pedestrian crossings with District staff.
13. As required by District policy, restrictions on the width, number and locations of
driveways, shall be placed on future development of this parcel.
14. Construct a center turn lane on Overland Road and Locust Grove Road abutting the entire
site.
15. In accordance with District policy, stub streets to the school parcel abutfing this site
should be extended upon review of a future application for this site.
16. Other than the access points specifically approved with this application, direct lot or
parcel access to Overland Road and Locust Grove Road is prohibited. Lot access
restrictions, as required with this application, shall be stated on the final plat.
Standard Reauirements:
A request for modification, variance or waiver of any requirement or policy outlined
herein shall be made in writing to the ACHD Planning and Development Supervisor. The
reauest shall specifically identifv each requirement to be reconsidered and include a
written exrolanation of why such a requirement would result in a substantial hardship or
inequity. The written reauest shall be submitted to the District no later than 9.00 a m on
the day scheduled for ACHD Commission action Those items shall be rescheduled for
discussion with the Commission on the next available meeting agenda.
Requests submitted to the District a8er 9:00 a.m. on the day scheduled for Commission
action do not provide sufficient time for District staff to remove the item from the consent
agenda and report to the Commission regarding the requested modification, variance or
waiver. Those items will be acted on by the Commission unless removed from the
agenda by the Commission.
2. After ACHD Commission action, any request for reconsideration of the Commission's
action shall be made in writing to the Planning and Development Supervisor within six
days of the action and shall include a minimum fee of $110.00. The request for
reconsideration shall specifically identify each requirement to be reconsidered and
include written documentation of data that was not available to the Commission at the
time of its orieinal decision The request for reconsideration will be heard by the District
Commission at the next regular meeting of the Commission. If the Commission agrees to
ORDER OF CONDITIONAL APPROVAL OF
CONDTfIONAL USE PERMIT -IDAHO CENTRAL CREDIT UNION
(CUP-03-046)
PAGE 6 OF 10
reconsider the action, the applicant will be notified of the date and time of the
Commission meeting at which the reconsideration will be heard.
Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #193, also known as Ada County Highway District Road
Impact Fee Ordinance.
4. All design and construction shall be in accordance with the Ada County Highway District
Policy Manual, ISPWC Standazds and approved supplements, Construction Services
procedures and all applicable ACHD Ordinances unless specifically waived herein. An
engineer registered in the State of Idaho shall prepaze and certify all improvement plans.
5. The applicant shall submit revised plans for staff approval, prior to issuance of building
permit (or other required permits), which incorporates any required design changes.
6. Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for
occupancy.
7. It is the responsibility of the applicant to verify all existing utilities within the right-of-
way. Existing utilities damaged by the applicant shall be repaired by the applicant at no
cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at
least two full business days prior to breaking ground within ACHD right-of--way. The
applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD
conduits (spare or filled) aze compromised during any phase of construction.
No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the applicant or the applicant's authorized representative and an
authorized representative of the Ada County Highway District. The burden shall be upon
the applicant to obtain written confirmation of any change from the Ada County Highway
District.
9. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances,
plans, or other regulatory and legal restrictions in force at the time the applicant or its
successors in interest advises the Highway District of its intent to change the planned use
of the subject property unless awaiver/variance of said requirements or other legal relief
is granted pursuant to the law in effect at the time the change in use is sought.
ORDER OF CONDITIONAL APPROVAL OF
CONDITIONAL USE PERMIT -IDAHO CENTRAL CREDIT UNION
(CUP-03-046)
PAGE 7 OF 10
D. Adopt the recommendations of the Nampa-Meridian Irrigation district as follows:
Applicant shall apply for a land use change/site application.
2. All Storm Drainage must be retained on site.
3. All laterals and waterways must be protected.
4. All municipal surface drainage must be retained on site. If any surface drainage leaves
the site, the District must review drainage plans.
5. The Developer must comply with Idaho Code 31-3805.
6. Should the development be planning a pressure urban irrigation system that will be
owned, operated and maintained by the District, contact the District concerning the
installation of the pressure system.
Fill out questionnaire and return in order to initiate the process of contractual agreements
between the owner or developer and the District for the ownership, operation and
maintenance of the pressure urban irrigation system.
E. Adopt the action of the City Council taken at their November 12, 2003 meeting as follows:
The applicant has indicated that they intend to subdivide the subject property at a later
date, and at that time the applicant shall be required, pertaining to the parking aisle on
the west side of the subject property, to "stub" to the proposed new lot to provide
access.
2. The applicant shall establish a shared access easement on the south driveway.
3. The above conditions are concluded to be reasonable and the applicant shall meet such
requirements as a condition of approval of the application for a conditional use permit.
4. Notice to Permit Holder, this conditional use permit is not transferable without complying
with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to the permit.
ORDER OF CONDITIONAL APPROVAL OF
CONDITIONAL USE PERMIT -IDAHO CENTRAL CREDIT UNION
(CUP-03-046)
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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-
4.B.)
NOTICE OF RIGHT TO REGULATORY TAHINGS ANALYSIS
ORDER OF CONDITIONAL APPROVAL OF
CONDITIONAL USE PERMIT -IDAHO CENTRAL CREDIT UNION
(CUP-03-046)
PAGE 9 OF 10
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.
Robert D. Corrie,
Mayor City of Meridian
Attest:
William G. Berg, Jr., City Clerk
Copy served upon Applicant, the Planning and Zoning Department, Public Works Department
and City Attorney.
City Clerk
Dated:
Z:\WorkVvlVNeridianN-teridian 1536DMVdaho Central Credi[ Union CUP-03-0461CUPOrder.doc
ORDER OF CONDITIONAL APPROVAL OF
CONDITIONAL USE PERMIT -IDAHO CENTRAL CREDIT UNION
(CUP-03-046)
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