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HomeMy WebLinkAboutFarmers & Merchants CUP 03-050Memo 71x Mayor and Cily Council Oft Anna Powell Bill Nichols Craig Slocum F~orre Steve Siddoway Datiee 1.30.04 Rg Farmers & Mercharrts Bank RECEIVED JAN 3 , 2004 City Of Meridian City Clerk Office I have reviewed the Findings of Fact/Conclusions of Law/Decision & Order (FFCL/DO) for the Farmers & Merchants Bank Conditional Use Permit and Variance. There are a few items that need to be clarified prior to acting on the FFCL/DOs. Regarding the CUP, was it the Council's intention to require removal of the existing building, or was it your intention to give the applicant the option of keeping or removing the building? The discussion prior to the motion seems to suggest that the Council was supportive of the building being removed if the applicant so chooses, but that they would have the option. The motion, taken from draft minutes, states that "We would recommend that removal of existing building once [the] new building is occupied." The FFCL then states on page 22, " 2. The applicant shall remove the existing Farmers and Merchants State Bank building upon occupancy of the new building facility." The applicant would prefer to have the option. Regarding the Variance, The Decision & Order states, "That the Applicant is hereby granted a variance for parking of 46 stalls with 15 diagonal on-street parking stalls in the OT zone for Farmers and Merchants State Bank," which accurately reflects the motion taken from the draft minutes. Two clarifications: First, we need to clarify that there aze only 13 proposed on-street spaces, not 15. Second, if the Council intends to require removal of the existing budding, then 46 off-street pazking spaces is the correct number. However, if the Council intends to give the applicant the option of keeping the existing building, the number of off-street parking stalls would be reduced to 35. Thus, the Variance would have to be approved for as few as 35 spaces in order to give the applicant the option to keep the building. Staff recommends pulling the FFCL/DO for Farmers & Merchants from the consent agenda for a brief discussion to clarify these items and revise the motion and FFCL/DO, if necessary. In order to facilitate a revised motion, I have prepared drafts below that would give the applicant the option of either site plan, if the Council so chooses. 1. Make a motion to clarify that for CLTI'-03-050, Farmers & Merchants Bank, that the applicant will hate the option of either keeping or removing the existing structure, and direct the attorney to modify the Findings of Fact and Conclusions of Law to so reflect. 2. Make a motion to clarify that for VAR 03-021, Farmers & Merchants parking variance, that the number of on-street parking spaces is 13 and the number of off-street spaces is 46 if the existing structure is removed and may be as few as 35 if the existing structure remains. If the Council does not intend to allow the option, the only modification would be to change the number of on-street parking stalls from 15 to 13. RECEIVED JAN 3 ` 2L~I4 City Of Meridian i n ter~ffi ce City Clerk Office MEMORANDUM To: William G. Berg, Jr. Rrom: William F. Nichols Subject: ~ BY: CSHQA FOR CONDITIONAL USE PERMIT FOR A NEW BANK FACILITY WITH DRIVE UP TELLERS IN AN OT ZONE FOR FARb9ERS AND MERCHANTS STATE BANK File No.: CUP-03-050 llate: January 8, 2004 Will: 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 tliis matter upon the Consent Agenda for Council discussion and decision. If you should have any questions please give me a call. Z:\WOrIANI~Meridiun\Meridian 153LOM\Faimers anJ Merchants Slate [3anA CUP-03-Oi0\CII<LVCUPf'ICsSOrtler.doc BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 01/20/04 IN THE MATTER OF THE RF,QUEST FOR CONDITIONAL USE PERMIT FOR A NF.W BANK I'ACILITY WITH DRIVE UP TELLERS IN AN OT ZONE FOR FARRIERS AND MERCHANTS STATE BANK, LOCATED AT 703 NORTH MAIN STREET, MERIDIAN, IDAHO CSHQA, APPLICANT Case No. CUP-03-050 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION ANll ORDER GRANTING CONDITIONAL USF, PERMIT The above entitled conditional use permit application having come before the City Council on January 20, 2004, at the hour of 7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Brad Hawkins-Clark Assistant City Planter for the Planning and Zoning Department, Craig Slocum, Ed Zimmerman, and Terry Atnos, appeared and testified, and the City Council having duly considered the evidence and the record iu 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 25 FINDINGS OF FACT A notice of a public hearing on the conditional use permit was published for hvo (2) consecutive weeks prior to the said public hearing scheduled for .Tanuary 20, 2004, 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 render 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 duty considered by the City Council at die January 20, 2004 public hearings; and the applicant. affected property owners, and government subdivisions providing services within the planningjurisdiction ofthe 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 f led with the staff report. This proposed development request is in the OT zone and by reason of the provisions of the Meridian City Code § 11-17-4, a public hearing was required be~,fo,re the City Council on this application. 4. The property is located on the north side of Broadway Ave. between Meridian Road and Main Street, physical address is 703 North Main Street, Meridian, Idaho. FINDLNGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 2 OF 25 The owner of record of the subject property is Farmers & Merchants State Bank, X238 Fairview Ave., Boise, Idaho and they have given their consent foc the applicant to submit the requested conditional use permit. 6. Applicant is CSHQA, 250 S. 5`~ SCreet, Boise, Idaho. The subject property is currently zoned OT (Old Town. DistricC). The zoning district of OT is defined within the City ofMeridian Zoning and Development Ordinance, Section 1.1-7-2. 8. The proposed application requests a conditional use permit for a new back with a drive through in an OT zone for Farmers and Merchants State Bank. The OT zoiring designation is ~m~ithin the City ofMeridian 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 Old Town. 10. The use proposed within the subjecC application will in fact, constitute a conditional use as determined by City Ordinance. 11. The Meridian Ciry 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 govenunental. subdivisions providing services in the City ofMeridian planning jurisdiction public facilities and F[NDIi~'GS OF FACT AND CONCLUSIONS OF LAW AVD DECISION AND ORDER GRATING CONllIT10NAL USE PERMIT PAGE 3 OF 25 services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as modified by the Planning & Zoning Commission, as follows: 1. The building and site improvements shall be constructed per the approved plans submitted with the revised application. 2. The applicant shall submit a Variance application for parking Co accompany this application to the City Council hearing. 3. Shift the striping for the on-street parking in front of the proposed building approximately 9 feet west. 4. Wall signs are approved as submitted on the revised building elevations. Two 6 eestanding signs will be allowed for the project-the existing Farmers and Merchant pylon sign and a monument sign on the Meridian Road located at least two feet behind the sidewalk, dimensions to comply with L-O standards in the sign ordinance Table C. Airy additional signs will require a modification of the Conditional Use Permit A plamred sign program will be required for any additional tenant signs. This conditional use permit shall be subject to the expiration provisions set forth in MCC 11- 17-4.B. 6. All 90-degree parking stalls shall be at least 9 feet wide and 19 feet deep per Ordinance 1 i- U-4.F. All two-way drive aisles adjacent to parking shall be at least 25 feet wide. Drive- thru lanes shall be constructed as depicted on the submitted site plans. All parking and drive aisles shall be paved for all uses, in compliance with the submitted plans. Handicap parking spaces shall be signed and striped in compliance with Federal accessibility guidelines. 8. Sanitary sewer and water service shall be from main lines currently existing adjacent to Che subject property. All exterior lighting, whether attached to the building or located within the parking lot, shat l FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION?LND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 4 OF 25 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 1.1- l 3-4C. 10. All signage shall be in accordance with the standards set forth in this report and Section 1 1- 14 oftheCity Zoning and Development Ordinance. All signage is subject to review and shall require separate permits. 11. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. 12. 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. Stone 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. 13. 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 Cor temporary occupancy. 14. The planting of trees near streets shall comply with the parks department memo from Elroy Huff dated December 9, 2003. B. Adopt the Recommendations of the Meridian Fire Department as follows: Provide afire-flow per the International Fire Code Appendix D 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 Fire Lanes leading into acid within the project shall have a clear driving surface with a minimwn width of 20' available at all times. 4. The revised plans will require that the building be fire sprinl<lered. FINDINGS OF FACT AND CONCLUSIONS OF LAW' AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 5 OF 25 C. Adopt the Recommendations of ACRD as follows: The Board of Commissioners authorizes the expenditure of available collected impact fees for the purchase ofright-of--way dedicated by the applicant, with the applicant constnicting a sidewalk as described below. However, if funds cannot be secured, the applicanC shall do one of the following: a. Dedicate by donation (or through a development offset agreement whereby the applicant is reimbursed from impact fees to be collected solely from the applicant's specific development project) an a total of 35-feet ofright-of--way (from centerline) along Meridian Road, and construct a minimum 5-foot wide concrete sidewalk along Meridian Road, located a minimum of 28-feet from the centerline of the right-of--way. b. Do not dedicate additional right-of-way, buC construct a minimum 5-foot wide concrete sidewalk along Meridian Road, located a minimum of 28-feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of--way, but construct a minimum 5-foot .vide concrete sidewalk along Meridian Road, located at the back edge of the existing right-of--way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Dedicate a total of 10-feet ofright-of--way from the centerline (maximum of 12-feet from centerline) of the alley 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 not be compensated for this additional right-of--way because the alley is classified as a local street and is to be brought to adopted standards by the developers of abutting properties. 3. if the City would like the applicant to construct angle parking on Broadway Avenue, provide one half of a 65-foot street section within the existing light-of--way. Obtain a license agreement from the District to maintain and stripe the on-streeC parking and provide the District with a hold harmless agreement for the angle parking. 4. Provide a minimum 18-foot curb radius for al] curb lines. 5. Construct a 28-foot wide driveway that intersects Broadway Avenue approximately 50- feet east of Meridian Road (West ls` Street), as proposed. 6. Construct a 25-foot wide driveway to intersect Broadway Avenue approximately 255-feet east of Meridian Road (West ls` Street), as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONllITIONAL USE PERMIT PAGE 6 OF 25 Constrlact a 35-foot wide driveway that intersects the alley approximately 40-feet east of Meridian Road, as proposed. Construct a 28-foot wide driveway that intersects the alley approximately 195-feet east of Meridian Road, as proposed. ConstrucC a 28-foot wide driveway that intersects the alley approximately 255-feet east of Meridian Road, as proposed. 10. Widen the alley access and utilize the access as atwo-way driveway/alley from Meridian Road to the drive-thru aisles that are proposed to intersect with the alley, as proposed. The maximum width of the alley/driveway will be 30-feet. 11. Continue to utilize the existing alley as a one-way roadway until the entire alley can function as a two-way alley (with the exception of the two-way driveway/alley from Meridian Road to the drive-thru aisles that are proposed to intersect with the alley). 12. Design the alley loaded parking to provide a minimum clear distance from the back of the parking stall to the opposite side of the alley of 22-feet. 13. Construct all pedestrian ramps in accordance with ADA standards. 14. Obtain a license agreement for any landscaping or alternative surface (other than concrete) that will he located within the public right-of-way. 15. Comply with all Standard Conditions of Approval. Standard Conditions of Approval Any existing irrigation facilities shall be relocated outside of the right-o f-way. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-628 (with file ^umbers) for details. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION ANll OIZDEIZ GRANTING CONDITIONAL USE PERMIT PAGE 7 OF 25 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shat I submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of- way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of constriction. l 0. Flo change in the terns and conditions of this approval shall b~e valid tiulless 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. ] 1. Any change by the applicant in the plamied use of the property which is the subject of this application, shall require the applicant to comply with al] 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 Parks Department as follows: Tree Box diameter 6'x6' LD. 2. Walls-8" W x 16" D with re-bar. 3. A tree grate frame must be set into the box before pouring concrete. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 8 OF 25 4. Center of the tree is 36" back of curb. 5. A tree grate will fit each frame with the grate specifications being G x (' with a French pattern made of cast iron with no finish. 6. Grates will come to Meridian Parks acid Recreation Department then sent ouC to have a powder coat paint finish applied. Planting Depth -root flare 4" below bottom of tree grate. Irrigation -Each tree will have imgation that will meet Parks Arborist approval. All irrigation and power will be routed outside of the tree box walls. 10. Each box will have a small traffic rated steel box next to it with, an isolated irrigation valve. 1 L Irrigation should be in an in-ground double check back flow with an electronic valve and timer. 12. Native soils sufficient for tree root growth will be on the outside area of Che tree boxes. l3. The Arborist will approve street tree species and cultivar. E. Adopt the comments of Sanitary Service as follows: Consideration could be given to sharing the waste container with Meridian City Hall. 2. Allow for 60' frontage clearance to the enclosure and 10' inside of the gate posts for clearance. F. Adopt the Recommendations of Nampa & Meridian Irrigation District as follows: If all municipal surface drainage must be retained on site no further review is required. However, if any surface drainage leaves the site, the District must review drainage plans and requires a Land Use Change Application to be filed for review prior to final platting. All laterals and waste ways must be protected. 'The developer must comply with Idaho code 31-3805. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 9 OF 25 G. Adopt the comment of the Water Department as follows: There is no water line stubbed into this property. H. Adopt the action of the City Council taken at their January 20, 2004 meeting as follows: For clarification: The revised Preliminary Site Plan that were submitted dated 12-01-03 and stamped" RECEIVED DEC 02 2003 City of Meridian City Clerk Office, are hereby approved. 2. The applicant shall remove the existing Farmers and Merchants State Baal: building upon occupancy of the new building facility. 3. Pertaining to having either pavers or stamped concrete within the landscaping around the trees, this issue shall be resolved between ACHD and City staff Upon final resolution to this issue, the applicant shall abide by City staff's decision. 13. It is found that the subject property, as depicted, is large enough to acconunodate the required open spaces and landscaping required by the ordinance, but not parking. The site accommodated the required number of parking stalls for the original submittal; but the revised plan does not meet pati<ing requirements based on the larger structure. However, it is supported the proposed building modifications, as they are more historically accurate and compatible with existing historic structures in downtown. Therefore, staff will support a Variance to the parl.iog requirements 'for the revised structure. If a Variance is approved for the project, then it is found that the project will meet this requirement. The proposed revised bank building is 16,000 s.f. Ordinance requires Toff-street parking space per 200 s.f of gross floor area, for a total of 80 spaces. The proposed site plan shows 46 off- street parking stalls, 11 of which are on the existing Farmers & Merchants site. There are also 13 diagonal on-street parking spaces proposed on Broadway Avenue adjacent to the project, for a total of ~9 stalls. If the existing structure remains, there will be a total of 48 spaces. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 10 OF 25 ] 4. The Comprehensive Plan Land Use Map designates the property as "Old Town" and i t is currently zoned O-T. Old Town "includes the historic downtown anal the Cate community center. Uses would include offices, retail and lodging, theaters, restaurants and service retail for surrounding residents and visitors.... In order to provide and accommodate preservation of the historical character, specific design requirements may be imposed" (see Comprehensive Plan, p. 99). Ordinance I 1-8-1, Schedule of Use Control, allows for banks and drive-in establishments through the conditional use process in the O-T zone. It is found that the requested use w ill be iu compliance with the approved Future Land Use Map if design requirements are imposed that preserve the character of Old Town. It is further found Chat if the project is approved as a CUP it will be in compliance with the MCC. 15. The surrounding properties vary greatly and include City ,Hall, a bank, a bar, a gas station, the Creamery, the American Legion hall, and residences. Old Town is intended as a mi xed use zone. Therefore, it is found that the proposed development will not adversely change the existing or intended character of the general vicinity. The revised design of the building is compatible with existing historical structures in the area. l6. The p roposed s ite p lan places the drive-thru along Meridian Road, across from existing residences, which maybe affected. A site layout is preferred so that it accesses the drive- thru from the alley, instead ofplacing it along the Meridian Road frontage. However, given existing h'affic levels and associated noise along Meridian Road (see item G below) it is not anticipated thaC the proposed use will adversely affect adjacent properties. h1 the case of the Creamery, the proposed project should actually add further incentive for redevelopment. 17. The project proposes vehicular access from Broadway Avenue and from the alley FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND 012llER G12ANTING CONDITIONAL tiSE PERMIT PAGE 11 OF 25 between Meridian Road and Main Street. ACHD approved the proposed project with the conditions noted in their report. The major change required by ACHD was modifying the two-way alley to be one-way, except for atwo-way section to access the drive-thru. Water and sanitary sewer service to the project is readily available to the site via mains installed adjacent Co the property. The comment from Meridian Water Dept. states that no water line is stubbed into this property, yet several arc depicted on the Preliminary Site Utility Plan. The applicant should confirm the existence of the services shown on their plans, with the Meridian Water Department. 18. If approved, the applicant will finance the extension of sewer, water, utilities and pressurized irrigation to serve the project. The primary public costs to serve the future project will be fire and police services. It is found that there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community's economic welfare. 19. ACHD estimates that the traffic volume would be 900 additional average daily trips (I 048 existing) for the originally proposed bank building. This number has not yet been updated for the larger revised building. Traffic congestion is an ongoing issue for downtown, the resolution of which is beyond the scope of this project. ACHD staff finds that the additional traffic created by a revised building should not be excessive. It is also found that no smoke, fumes, glare or odors will result froth the proposed use. 20. As addressed directly above in number 19, vehicular approaches are proposed from Broadway Avenue and from the existing alley. It is found that the proposed use will not create significant interference with traffic on the surrounding public streets. Please refer to ACHD comments for additional detail on this issue. According to ACHD staff, the project does not require action by the ACHD Commission and was approved at stafflevel on October 7, 2003. The revisions FINllINGS OF FACT AND CONCLUSIONS OF LAW AND DECIS[ON AND ORDER GRANTING CONDITIONAL USE PER.tiIIT PAGE 12 OF 25 made to the plan will not trigger a new report because it complies with the original conditions. 21. It is found that the sigtrificant existing trees are on or adjacenC to the site. The existing street trees shall be protected during all construction and demolition activities. The ex fisting magnolia tree near the entrance of the existing structure should also be protected. CONCLUSIONS OF LAW The City of Meridian shall exercise Che 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, Tide 67, Idaho Code (LC. §67-6503). 2. The Meridian City Cotmcil 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 oC its zoning ordinances. 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 § 11-1.7-3) FINDINGS OF FACT AND CONCLUSIONS OF LAR' AND DECISION AND ORllER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF 25 a. That the site is lazge enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as maybe 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 ^ot 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 no[ 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 Old Town District (O-T), 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION ANll ORDER GRANTING CONDITIONAL USE PERMIT PAGE 14 OF 25 Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 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 Commissiou 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, Ciry 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. Conn-ol the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nahue 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 FINUI.VGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 15 OF 25 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 CONDiT10NS .NOW, THEREFORE; BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FAC"f 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 new bank with a drive through in an OT zone for Farmers and Merchants State Bank, located on the north side of Broadway Ave. between Meridian Road and Main Street, physical address 703 North Ntain Street, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as modified by the Planning & Zoning Commission, as follows: The building and site improvements shall be constructed per the approved plans submitted with the revised application. The applicant shall submit a Variance application for parking to accompany this application to the City Council hearing. Shift the striping for the on-street parking in front of the proposed building approximately 9 feet west. Wall signs are approved as submitted on the revised building elevations. Two freestanding signs will be allowed for the project-the existing Farmers and Merchant pylon sign and a monument sign on the Meridian Road located at least two feet behind the sidewalk, dimensions to comply with L-O standards in the sign ordinance Table C. Any additional signs will require a modification of the Conditional lise Permit. A planned sign program will be required for any additional tenant signs. This conditional use permit shall be subject to the expiration provisions set forth in MCC 11- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION .4ND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 16 OF 25 17-4.B. 6. All 90-degree parking stalls shall be at least 9 feet wide and 19 feet deep per Ordinance 11- 13-4.F. All two-way drive aisles adjacent to parking shall be at least 25 feet wide. Drive- thru lanes shall be constructed as depicted on the submitted site plans. 7. All parking and drive aisles shall be paved for all uses, in compliance with the submitted plans. Handicap parking spaces shall be signed aid striped in compliance with Federal accessibility guidelines. 8. Sanitary sewer and water service shall be from main lines currently existing adjacent to the subject property. 9. 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 spilt over onto adjacent properties orright-of--way. All parking lot lighting shall be in accordance with Ordinance I ] - 13-4C. 10. All signage shall be in accordance with the standards set forth in this report and Section 1 1- 14 ofthe City Zoning and Development Ordinance. All signage is 'subject to review and shal I require separate permits. 1 l . All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. 12. 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,BesiManagementPractices for Idaho Cities and Counties and CityofMeridian 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 developii~ent plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 13. 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. 14. The planting of trees near streets shall comply with the parks department memo from Elroy Huff dated December 9, 2003. FINllLVGS OF FACT AND CONCLUSIONS OF LAW AND DECISION ANll ORDER GRANTING CONDITIONAL USE PERMIT PAGE 17 OF 25 B. Adopt the Recommendations of the Meridian Fire Department as follows: Provide afire-flow per the International Fire Code Appendix D to service the project Fire hydrants shall be placed aii average of 400' apart. 2. All internal roads shall have a fuming radius of 28' inside and 48' outside. 3. All Fire Lanes leading into and within the project shall have a clear driving surface with a minimum width of 20' available at all times. 4. The revised plans will require that the building be fire sprir~ldered. C Adopt the Recommendations of ACRD as follows: The Board of Commissioners authorizes the expenditure of available collected impact fees for the purchase ofright-of--way dedicated by the applicant, with the applicant consh•ucting a sidewalk as described below. However, if funds cannot be secured, the applicant shall do one of the following: a. Dedicate by donation (or through a development offset agreement whereby the applicant is reimbursed from impact fees to be collected solely tram the applicant's specific development project) an a total of 35-feet ofright-of--way (from centerline) along Meridian Road, and constrict a minimum 5-foot wide concrete sidewalk along Meridian Road, located a minimum of 28-feet from the centerline of the right-of=way. b. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along Meridian Road, located a minimum of 28-feet from the centerline of the right-of--way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum ~-foot wide concrete sidewalk along Meridian Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Dedicate a total of 10-feet ofright-of--way from the centerline (maximum of l2-feet from centerline) of the alley abutting the parcel by means ofrecordation 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 dive to process the right-of--way dedication after receipt of all requested material The owner will nol be compensated for this additional right-of--way because the alley is classified as a local street and is to be brought to adopted standards by the developers of abutting properties. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORllER GRANTING CONDITIONAL USE PERMIT PAGE 18 OF 25 If the City would like the applicant to construct angle parking on Broadway Avenue, provide one half of a 65-foot street section within the existing right-of--way. Obtain a license agreement from the District to maintain and stripe the on-street parking and provide the District with a hold harmless agreement for the angle parking. 4. Provide a minimum 18-foot curb radius for all curb lines. 5. Consu-ucl a 28-foot wide driveway that intersects Broadway Avenue approximately 50- feet east of Meridian Road (West ls` Street), as proposed. 6. Construct a 25-foot wide driveway to intersect Broadway Avenue approximately 255-feet east of Meridian Road (West ls`Street), as proposed. 7. Construct a 35-foot wide driveway that intersects the alley approximately 40-feet east of Meridian Road, as proposed. 8. Construct a 28-foot wide driveway that intersects the alley approximately 195-feet east of Meridian Road, as proposed. 9. Constntct a 28-foot wide driveway that intersects the alley approximately 255-feet east of Meridian Road, as proposed. 10. Widen the alley access and utilize the access as a two-way driveway/alley from Meridian Road to the drive-thru aisles that are proposed to intersect with the alley, as proposed. The maximum width of the alley/driveway will be 30-feet. I l . Continue to utilize the existing alley as a one-way roadway until the entire alley can function as a two-way alley (with the exception of the two-way driveway/alley from Meridian Road to the drive-thru aisles that are proposed to intersect with the alley). 12. Design the alley loaded parking to provide a minimum clear distance from the back of the parking stall to the opposite side of the alley of 22-feet. 13. Constntct all pedestrian ramps in accordance with ADA standards. l4. Obtain a license agreement for any landscaping or alternative surface (other than concrete) that will be located within the public right-of--way. 15. Comply with all Standard Conditions of Approval. Standard Conditions of Approval Any existing irrigation facilities shall be relocated outside of the right-of-way. FINDINGS OF FACT AND CONCLUSIONS OF LAVV AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE ]9 OF 25 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may he damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with 51e number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manua], ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. It is the responsibility of the applicant to verify all existing utilities within the right-of- way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicaut shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. L0. No change u1 the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorised representative and au 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. 1 1. Any change by the applicant in the plamled 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 20 OF 25 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 Parlcs Department as follows: 1. Tree Box diameter 6'x6' LD. 2. Walls-8" W x l6" D with re-bar. 3. A tree grate frame must be set into the box before pouring concrete. 4. Center of the tree is 36"back of curb. 5. A tree grate will fit each frame with the grate specifications being 6' x 6' with a French pattern made of cast iron with no finish. 6. Grates will come to Meridia~l Parks and Recreation Department then sent out to have a powder coat paint finish applied. Planting Depth -root flare 4"below bottom of tree grate. 8. Irrigation -Each tree will have irrigation that will meet Parks Arborist approval. All irrigation and power will be routed outside of the tree box walls. 10. Each box will have a small traffic rated steel box next to it with an isolated irrigation valve. 1 I . Irrigation should be in an in-ground double check back flow with an elecn onic valve and timer. 12. Native soils sufficient for tree root growth will be on the outside area of the tree boxes. 13. The Arborist will approve street tree species and cultivar. E. Adopt the comments of Sanitary Service as follows: Consideration could be given to sharing the waste container with Meridian City Hall. 2. Allow for 60' frontage clearance to the enclosure aild 10' inside of the gate posts for clearance. F. Adopt the Recommendations of Nampa & Meridian Irrigation District as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GR4i\'TING CONDITIONAL USE PERMIT PAGE 21 OF 25 If all municipal surface drainage must be retained on site no further review is required. However, if any surface drainage leaves the site, the District must review drainage plans and requires a Land Use Change Application to 6e filed for review prior to final platting. 2. All laterals and waste ways must be protected. 3. The developer must comply with Idaho code 31-3805. G. Adopt the comment of the Water Department as follows: There is no water line stubbed into this property. H. Adopt the action of the City Council tal.en at their .lanuary 20, 2004 meeting as follows: For clarification: The revised Preliminary Site Plan that were submitted dated 12-01-03 and stamped" RECEIVED DEC 02 2003 City of Meridian City Clerk Office, are hereby approved. The applicant shall remove the existing Farmers and Merchants State Bank building upon occupancy of the new building facility. 3. Pertaining to having either pavers or stamped concrete within the landscaping around the trees, this issue shall be resolved between ACRD and City staff. Upon final resolution to this issue, the applicanC shall abide by City staff s decision. 2. The conditions shall be reviewable. by the Council pursuant to Meridian City Code ~~ i I-17-9. 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 Pena it 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER G12ANTING CONDITIONAL USE PERMIT PAGE 22 OF 25 yi'orks Department a~~d any affected party requesting notice. NOTICE OF EIGHTEEN (]8) 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. Durine this time, the permit holder must commence the use as permitted in accordance with the couditions 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. hi this context "structures" shall include sewer and water lines, streets or building constriction. 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 mill 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 (I 8) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to Che 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 an'd void. (MCC 11-17- 4.B.) NOTICE OF FINAL ACTION ANU RIGHT TO REGULATORY TAKINGS ANALI'S[S FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDF,12 GRANTING CONDITIONAL USE PERNIIT PAGE 23 OF 25 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 maCter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. //`/By action of the City Council at its regular meeting held on the ~~~ day of -C/Y/YLLC!/G , 2004. ROLL CALL: COUNCILMAN SHAUN WARDLE VOTED COUNCILMAN BILL NARY COUNCILMAN CHARLIE ROUNTREE COUNCILMAN KEITH BIRD VOTED_~-- VOTED ~r~~~"""" VOTED MAYOR TAMMY de WEERD (TIE BREAKER) VOTED DATED: 2_.~j ~~ ~- MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 24 OF 25 ~,,,+„~rrrrr,r,,,,, Attest: `~~.•`~y OF Mq~~,,W/~lia~n G, ~, it(4h~ `,~ G` ~o~~aTF "CrCoun.c~G j~r~e,ri~e~,t SEAL _ $~, William G. Berg, Jr., City C rk ~ p Copy served upon Applicant, Planning arid:~c~frgAF~¢ar~~~~nt, Public Works .. Department and the City Attorney. ~'`-~{:a+rrr+arY;„r ~~ ``~,,,~`y pF ME~' nAo'~. o rF ' By: ~~ Dat~i: g ~ ~ City Clerk -S•~~L ~ ~ Gc(~, ~~° O r 7'.1WorkIM\Mendan\Mcridian 15300M\Furmers' and Merthunt¢~S~~a "^`CT.14fR1~0- .'I~~k't~tA2~-DSd.due `~ ~~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GR4NTING CONDITIONAL USE PERMIT PAGE 25 OF 25 BEFORE THE CITY COUNCIL OF THE CITY OF NIERI DIAN C/C 01/20/04 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A NEW BANK FACILITY WITH DRIVE UP TELLERS IN AN OT ZONE FOR FARMERS AND MERCHANTS STATE BANK, LOCATED AT 703 NORTH MAIN STREET, MERIDIAN, IDAHO CSHQA, APPLICANT Case No. CUP-03-050 ORDER GRANTING CONDITIONAL USE PFRP'lIT This matter coming before the City Council on January 20, 2004, under the provisions of Meridian City Code § 11-17-4 for final. action on conditional use permit application and the Council having received and approving the Recommendation ofthe Planning and Zoning Commission the Council takes the following action: 2. That the above nan7ed applicant is granted a conditional use permit for a new banl: with a drive through in an OT zone for Farmers and Merchants State Banl., located on the north side of Broadway Ave. between Meridian Road and Main Street, physical address 703 North Main Street, Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Recommendations of the Plamiing and Zoning and Engineering staff as modified by the Planning & Zoning Commission, as follows: ORDER CONDITIONAL USE PERMIT (CUP-03-050) PAGE 1 OF ]0 1. The building and site improvements shall be constructed per the approved plans suhmitted with the revised application. 2. The applicant shall submit a Variance application for parking to accompany this application to the City Council hearing. 3. Shift the striping for the on-street parking in front ofthe proposed building approximately 9 feet west. 4. Wall signs are approved as submitted on the revised building elevations. Two freestanding signs will be allowed for the project-the existing Farmers and Merchant pylon sign and a monument sign on the Meridian Road located at least two feet behind the sidewalk, dimensions to comply with L-O standards in the sign ordinance Table C Any additional signs will require a modification of the Conditional Use Pernrit. A planned sign program will be required for any additional tenant signs. This conditional use permit shall be subject to the expiration provisions seC forth in MCC 11- 17-4.B. 6. All 90-degree parking stalls shall be at least 9 feet wide and 19 feet deep par Ordinance I I- 13-4.F. All two-way drive aisles adjacent to parking shall be at least 25 feel wide. Drivo- thru lanes shall be constructed as depicted on the submitted site plans. 7. All parking and drive aisles shall be paved for all uses, in compliance with the submitted plans. Handicap pazking spaces shall be signed and striped in compliance with Federal accessibility guidelines. 8. Sanitary sewer and water service shall be from main lines currently existing adjacent to the subject property. 9. All exterior lighting, whether attached to the building or located within the parldng 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 I I - 13-4C. 10. All signage shall be in accordance with the standards set forth in this report and Section 1 I - 14 of the City Zoning and Development Ordinance. All signage is subject to review and shall require separate permits. 11. All construction and site improvements shall conform to the requi rements of the Americans ORDER CONDITIONAL USE PERMIT (CUP-03-050) PAGE 2 OF 10 with Disabilities Act and the adopted building and fire codes. 12. 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 publicationCata]ogofStorm WaterBestManagementPractices for Idaho Cities and Counties and City ofMeridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority aver 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. 13. Certificate ofOccupancy: All required improvements must be con?plete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained byproviding surety to the City in the form o1'a letter ofcredit 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. 14. The planting of trees near streets shall comply with the parks department memo from Elroy Huff dated December 9, 2003. B. Adopt the Reconnnendations ofthe Meridian Fire Department as follows: Provide afire-flow per the International. Fire Code Appendix D 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. All Fire Lanes leading into and within the project shall have a clear driving surface with a minimum width of 20' available at al] times. 4. The revised plans will require that the building be fire sprii>I<lered. C. Adopt the Recommendations of ACRD as follows: The Board of Commissioners authorizes the expenditure of available collected impact fees for the purchase ofright-of--way dedicated by the applicant, with the applicant constructing a sidewalk as described below. However, if funds cannot be secured, the applicant shall do one of the following: a. Dedicate by donation (or through a development offset agreement whereby the ORDER CONDITIONAL USE PERMIT (CUP-03-050) PAGE 3 OF 10 applicant is reimbursed from impact fees to be collected solely from the applicant's specific development project) an a total of 35-feet of right-of-way (from centerline) along Meridian Road, and construct a minimum 5-foot wide concrete sidewalk along Meridian Road, located a minimum of 28-feet from the centerline of the right-of-way. b. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along Meridian Road, located a minimum of 28-feet from the centerline of the right-of--way, in an easement provided to the District. c. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along Meridian Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. Dedicate a total of 10-feet ofright-of--way from the centerline (maximum of 12-feet from centerline) of the alley 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 not be compensated for this additional right-of-way because the alley is classified as a local street and is to be brought to adopted standards by the developers of abutting properties. If the City would like the applicant to construct angle parking on Broadway Avenue, provide one half of a 65-foot street section within the existing right-of--way. Obtain a license agreement from the District to maintain and stripe the on-street pai9<ing and provide the District with a hold harmless agreement for the angle parking. 4. Provide a minimum 18-foot curb radius for all curb lines. 5. Construct a 28-foot wide driveway that intersects Broadway Avenue approximately 50- feet east of Meridian Road (West ls` Street), as proposed. 6. Construct a 25-loot wide driveway to intersect Broadway Avenue approximately 255-feet east of Meridian Road (West 1~` Street), as proposed. Construct a 3~-foot wide driveway that intersects the alley approximately 40-feet east of Meridian Road, as proposed. Construct a 28-foot wide driveway that intersects the alley approximately 195-feet east of Meridian Road, as proposed. ORDER CONDITIONAL USE PERMIT (CL'P-03-050) PAGE 4 OF 10 9. Construct a 28-foot wide driveway that intersects the alley approximately 255-feet east of Meridian Road, as proposed. 10. Widen the alley access and utilize the access as a two-way driveway/alley from Meridian Road to the drive-thru aisles that are proposed to intersect with the alley, as proposed. The maximum width of the alley/driveway will be 30-feet. 1 1. Continue to utilize the existing alley as a one-way roadway until the entire alley can function as a two-way alley (with the exception of the two-way driveway/alley from Meridian Road to the drive-thru aisles that are proposed to intersect with the alley). 12. Design the alley loaded parking to provide a minimum clear distance from the back of the parking stall to the opposite side of the alley of 22-feet. 13. Construct all pedesn-iau ramps in accordance with ADA standards. l4. Obtain a license agreement for any landscaping or alternative surface (other than concrete) that will be located within the public right-of--way. 15. Comply with all Standard Conditions of Approval. Standard Conditions of Approval Any existing irrigation facilities shall be relocated outside of the right-of-way. -. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that maybe damagcd during the construction of the proposed development ContacC Consfi-uction Serviccs at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the Districts Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction. Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. ORllER CONDITIONAL USE PERMIT (CUP-03-050) PAGE 5 OF 10 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road hnpact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of- way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACRD Traffic Operations 387-6190 in the event airy ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden. shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. l 1. 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, ordh~a~rces, 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 hitent to change the plsumed 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. Adapt the Recommendations of the Parks Department as follows: Tree Box diameter 6'x6' I.D. Walls-8" W x I6" D with re-bar. A tree gate frame must be set into the box before pouring concrete. Center of the tree is 36" back of curb. ORDER CONDITIONAL USE PERMIT (CUl'-03-050) PAGE 6 OF 10 A tree grate will fit each frame with the grate specifications being 6' x 6' with a French pattern made of cast iron with no finish. 6. Grates will come to Meridian Parks and Recreation Department then sent out to have a powder coat paint finish applied. Planting Depth -root flare 4" below bottom of tree grate. Irrigation -Each tree will have irrigation that will meet Parks Arborist approval. 9. All irrigation and power will be routed outside of the tree box walls. 10. Each box will have a small traffic rated steel box next to it with an isolated irrigation valve. 11. Irrigation should be in an in-ground double check back flow with an electronic valve and timer. 12. Native soils sufficient for tree root growth will be on the outside area of the tree boxes. 13. The Arborist will approve street tree species and cultivar. E. Adopt the comments of Sanitary Service as follows: Consideration could be given to sharing the waste container with Meridian City Hall. 2. Allow for 60' frontage clearance to the enclosure and ] 0' inside of the gate posts for clearance. F. Adopt the Recommendations of Nampa & Meridian Irrigation District as follows: If all municipal surface drainage must be retained on site no further review is required. However, if any surface drainage leaves the site, the District must review drainage plans and requires a Land Use Change Application to be filed for review prior to final platting. 2. A(1 laterals and waste ways must be protected. The developer must comply with Idaho code 31-3805. ORllER CONllITION,4L LSE PERMIT (CUP-03-050) PAGE 7 OF ]0 G. Adapt the comment of the Water Department as follows: There is no water line stubbed into this property. H. Adopt the action of the City Council taken at their January 20, 2004 meeting as follows: For clarification: The revised Preliminary Site Plan that were submitted dated 12-O1-03 and stamped" RECEIVED DEC 02 2003 City of Meridian City Clerk Office, are hereby approved. 2. The applicant shall remove the existing Farmers and Merchants State Bank building upo^ occupancy of the new building facility. Pertaining to having either pavers or stamped concrete within the landscaping around the trees, this issue shall be resolved between ACHD and City staff. Upon final resolution tc this issue, the applicant shall abide by City staff s decision. 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 this permit. NOTICE OF EIGHTEEN (l8) 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 seC 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 ORllER CONDITIONAL USE PERMIT (CUP-03-050) PAGE 8 OF 10 ' ~ "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 Che 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 projecC 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 f rst 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 phasesare not submitted within one year intervals, the conditional approval of the future phases shall he null and void. (MCC 1 I-17- a.B.) NOTICE OF FINAL ACTION AND 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 Clerlc 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 may be filed. Please take notice that this is a final action of the governing body of the City of ORDER CONDITIONAL USE PERMIT (CUP-03-050) PAGE 9 OF 10 Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days a$er the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the ~.L ~~~-~, , 2004. Attest: d day of ~~~ ~- ~• ~ ~ty ofM ~ ~~ ~~~' ~ 9 SEAL ~~ ~lham G. Berg, Jr., City C rk :~ ,E ~GST rst •~ ~p\`~ ,,f O Q. \: ~.,,9C~j`tt,~-Y ~O ~,~ Copy served upon Applicant, the Planning and'~~oiiing~I'>`epartment, and City Attorney. By: /G ~--'/~ City Clerk Public Works Department ~-3-0~ Ld,\4'ork\M\Meridian\Meridian I ~3GOM\Farmers and Merchants Stale Bank C'UP-03-050\OrderCUP.doc ORDER CONDITIONAL USE PERMIT (CLJP-03-050) PAGE 10 OF 10 2r' E` o - AL ^~ '0 9~9GCUST tst •^~oQ~2O. ~~~`'+.,-~Ct?a ,~s,T>r ~O C