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HomeMy WebLinkAboutKey Bank CUP 03-053 RECEIVEI~~ DEC ? 1 2003 interoffice City Of Meridian City Clerk Office MEMORANDUM To: William G. Berg, .(r. From: William F. Nichols Subject: BY: CSHQA FOR CONDITIONAL USE PERMIT FOR DEVELOPMENT OF A 2,800 SQ. FT. BANK WITH DRIVE-THRU AND FUTURE RETAIL TENANT' WITH DRIVE-THRU IN A C-C ZONE FOR KEY BANK File No.: CUP-03-053 Date: December 29, 2003 Will: Please Iind 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 the Consent Agenda for Council discussion and decision. If yon should have any questions please give me a call. Z:\Work\M\Meridian\Meridian 15360NP~Key Bank CUP-03-053\CIkL4~CUPffcly&Order.doc BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN GC12-16-03 [N THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR DEVELOPMENT OF A 2,800 SQ. FT. BANK WITH DRIVE-THRU ANll FUTURE RETAIL TENANT WITH DRIVE-THRU [N A C-C ZONE FOR KEY BANK, LOCATED SOUTH OF EAST OVERLAND ROAD AND WEST OF SOUTH EAGLE ROAD, MERIDIAN, IDAHO Case No. CUP-03-053 FINDINGS OF FACT AND CONCLUSIONS OF LAW ANll DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT CSHQA, APPLICANT The above entitled conditional use permit application having come before the City Council on December 16, 2003, at the hour of 7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Anna Powell Planning Director for the Planting and Zoning Department, and Craig Slocuot, appeared and testified, and the City Council having duly considered the evidence and the record i,n 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 ANll 012DER GRANTING CONDITIONAL USE PERMIT PAGE 1 OF 19 FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was pub] fished for two (2) consecutive weeks prior to the said public hearing scheduled for December 16, 2003, before die 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 tinder 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; anal the matter having been duly considered by the City Council at the December 16, 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-~ as evidenced by th'e Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in a C-C (Community Business District) zone and by reason of the provisions of the Meridian City Code § 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located on the southwest corner bf E. Overland Road and S. Eagle FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORllE12 GRANTING CONDITIONAL USE PERMIT PAGE 2 OF 19 Road in El Dorado Business Campus, Meridian, Idaho. 5. The owner of record of the subject property is Kimball Properties, LTD, Partnership, P.O. Box 8204, Boise, Idaho 83704. Applicant is CSHQA, 250 S. 5'~' Street, Boise, Idaho 83702. 7. The subject property is currenCly zoned C-C. The zoning district of C-C is defined within the City of Meridian Zoning and Development Ordinance, Section ] 1-7-2. 8. The proposed application requests a conditional use permit fora ^ew 2,800 sq. ft. full service bank building with Three (3) drive-thru teller lanes and adrive-up ATM. The application also requests approval for a future attached retail use and drive-thru west of the proposed bank all in a C-C zone. The C-C zoning designation 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 t1-8-1 ). The proposed application is in compliance with the Meridian Comprehensive Plan, which designates the subject property as Mixed-Use Regional. On behalf of Key Banl<, the applicant, CSHQA, has requested approval of a conditional use permit for a new 2,800 sq. ft. full service bank building with three (3) drive-thru teller lanes and adrive-up ATM. The applicant is also requesting approval for a future attached retail use and drive-thru west of the proposed bank. R is the applicants intent to enter into contract negotiations for the future retaiUrestaurant use, though one has not yet been secured. Thus, they have submitted two alternate site plans (and corresponding landscape plans) -one showing the site with just the bank and the other showing the site with both uses on it. Since the fiiture use will be attached as a single multi-tenant FINDINGS OF FACT AND CONCLUSIONS OF LAW' AND llECISION AND ORDER C,R.4NTING CONDITIONAL USE PERD4IT PAGE 3 OF 19 structure, a planned development is not required. The Conditional Use Permit is required due to the proposed drive-throughs. The subject property was final platted earlier this year as part of the El Dorado (Bonito) Subdivision and was recently recorded. The proposed. project sits on a portion of Lots 7 and 8, Block 5 of Bonito Subdivision. Staff recotnmends that a lot ]iue adjustment be recorded to match the configuration shown on the proposed site plan prior to issuance of a Certificate of Zoning Compliance. 10. The use proposed which is the subject of this 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. l2. Giving due consideration to the comment received from the goverrmiental subdivisions providing services in the City ofMeridian plamiingjurisdiction 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 Special Recommendations of the Planning and Zoning Commission as follows: The P&Z Commission confines that applicant will have their choice between Che two optional site plans submitted with the application, per condition #3 below. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 4 OF 19 B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: CONDITIONS OF APPROVAL 1. Tlds Conditional Use Permit shall be subject to all applicable conditions of approval from the El Dorado Business Campus (AZ-O1-018, CUP-O1-037, PP-O1-020) and Bonito Subdivision (FP-03-010). 2. The existing lot lines shall be modified through the lot line adjustment process and recorded, providing a legal lotto the applicant in the shape shown on the site plan, prior to issuance of a Certificate of Zoning Compliance (CZC). 3. Two optional site plans are approved with this application. SheeC 1.0 depicts the intended multi-tenant structure and. associated site improvements. Sheet 1b depicts the site plan if only the bank is constructed. 4. Add one tree in the planter island of the northermnost row of parking. Add one tree per 35 linear feet along the southern boundary of the project. ~. Applicant shall submit for a phoned sign program. Signage shall conform to the size and number depicted on the submitted plans. 6. This conditional use permit shall be subject to the expiration provisions set forth in MCC 11-17-4.B. 7. 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-thni lanes shall be constructed as depicted on the submitted site plans. 8. All parking and drive aisles shall be paved for all uses, in compliance with the submitted plans. Handicap parking spaces shall be signed and sniped in compliance with Federal. accessibility guidelines. The project shall provide across-access stub to the east, as depicted on the site plan. 10. Sanitary sewer and water service shall be from main lines currently being installed to the property. ] 1. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise ahered so that the light does nol spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDE12 GRANTING CONDITIONAL USE PERMIT PAGE 5 OF 19 12. All signage shall be in accordance with the standazds set forth in this report and Section 11-14 of the City Zoning and Development Ordinance. A11 signage is subject to review and shall require separate permits. 13. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the adopted building and fixe codes. 14. A drainage plan designed by a State ofIdaho licensed architect oc engineer is required atad shalt 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 Q uality 1 997 p ublication C atalog o f S torm Water Best ManagemenC Practices for Idaho Cities and Counties and City ofMeridian standards and policies. Off-site disposal into a surface water is prohibited unless thejurisdiction which has authority over the receiving stream provides written authorization prior to developmenC plan approval. The applicant is responsible for filing all necessary applications with the Idaho Deparnment of Water Resources regarding Shallow Injection Wells. 15. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certi ficate 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. C. Adopt the Recommendations ofthe Meridian Fire Department as follows: 1. That afire-flow consistent with Appendix D of the International. Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 350' apart. 2. Operational fire hydrants and temporary or permanent streeC signs are required before combustible construction begins. 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Deparhment thru the Public Works Department. All radii shall be 28' inside and 48' outside radius for all entrances and internal roads. 6. All fire lanes shall have an unobstructed width of 20'. No Parking will be allowed on the access road to the West. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PACE 6 OF 19 D. Adopt the Recommendations of ACRD as follows: 1. Comply with the conditions of approval for MCUPOI-037/MAZOI-018 (EI Dorado Business Campus). E. Adopt the Recommendations of Central District Health Department as follows: 1. Stonnwater shall be pretreated through a grassy Swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 2. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal. and design a stonnwater management system that prevents groundwater and surface water degradation. F. Adapt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. All laterals and wasteways must be protected. The Developer must comply with Idaho Code 31-3805. G. Adopt the action of the City Council taken at their December l6, 2003 meeting as follows: For clarification: The applicant submitted two Site Plans both of which are hereby approved, bit the applicant shall only be allowed to choose one from the two Site Plans for actual construction (as addressed in Finding number 12. A. 1.above), the two Site Plans the applicant can choose from are as follows: a. For Conditional Use Permit for development of a new 2,800 sq. ft. bank with adrive-thru, or b. For Conditional Use Permit for a new 2,800 sq. ft. bank with. adrive-thni and a future 1,500 sq. ft. retail tenant with drive-thru. The site does not match the platted lot lines of Bonito Subdivision and sits on portions of Lots 7 and 8, Block 5. A lot line adjustment shall be required prior to issuance of a Certificate of Zoning Compliance. 13. It is found that the subject property, as depicted, is large enough to accommodate the required open spaces, parking, landscaping and other features required by the ordinance. It is FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 7 OF 19 noted that the site does not match the platted lot lines of Bonito Subdivision and sits on portions of Lots 7 and 8, Block 5. A lot line adjustment will be required prior to issuance of a Certificate of Zoning Compliance. If only the bank is built, 23 parking spaces will be constructed per the submitted plans; a minimum of 14 spaces are required by ordinance. If both the bank and future retai l restaurant space is built, 31 parking spaces will be constructed per the submitted plans; a minimum of 22 spaces are required by ordinance. Under either scenario, the project will have ample parking. 14. The Comprehensive Plan Future Land Use Map designates the property as "Mixed Use-'Regional" and is currently zoned C-C. Mixed Use-Regional allows for bataks and drive-through facilities (see Comprehensive Plan, p. 98). Ordinance 11-8-1, Schedule ofUse Control, allows for drive-in establislunents through the conditional use process in the C-C zone. The Development A~eement for the subdivision also allows for drive-through projects through the conditional use process. It is found that the requested uses are in compliance with the approved Futw e Land Use Map, and that if approved as a CUP the project will be in compliance with the MCC. 15. The surrounding properties on tlu-ee sides are all part of EI Dorado Business Campus and are intended for development of a similar nature. The existing rural residences across Overland Road from the project will experience a change from existing conditions; however, the Comprehensive Plan shows that the future intended land use of the area is also Mixed Use-Regional. Therefore, it is found that the proposed development will not adversely change the existing or intended character of the general vicinity. The decision to change the character of the area .m'as already made with the approval of El Dorado Business Campus and Bonito Subdivision. 16. The adjoining properties to the east, west, and south are owned by the same property FINDINGS OF FACT AND CONCLUSIONS OF LAW' AND DECISION ANII ORllE12 GRANTING CONDITIONAL USE PERMIT PAGE 8 OF 19 owner that has consented to submittal of this application. Therefore, it is not anticipated that the proposed use will adversely affect the adjacent properties. 17. The project has vehicular access from Overland Road via a previously approved curb cut for Bonito Subdivision. The Meridian Fire Department submitted continents on the project as listed above in Finding number 12 C. ACHD approved the proposed project with no new conditions, except to comply with the conditions already placed on the subdivision. Water and sanitary sewer service to the project is readily available to the site via mains installed as part of the subdivision improvements. 18. If approved, the developer will finance the extension of sewer, water, utilities and pressurized irrigation to serve the project. The primary public costs to serve the future residents 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. ACRD estimates that the traffic volume would be 742 average daily trips (ADT) for the proposed bank and 744 ADT for the retail/restaurant space if the uses were fi-ee standing and not part of a larger development According to Kendall Kemmer at ACHD, °°since they are part of a larger development the actual new daily trips will most likely be. reduced as larger developments such as Bonito Subdivision will experience the phenomenon of trip capture. The people who work within larger developments are more likely to use things such as banks and restaurants within the development as opposed to going outside which reduces the number of new trips actually being made to the uses within the development." The approved subdivisio^ plats anticipate up to 8,262 additional vehicle trips per day for the entire El Dorado Business FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 9 OF 19 Campus; the proposed project is only a fraction of the pre-approved ultimate traffic volume. It is found that no excessive traffic, smoke, fumes, glare or odors will result from the proposed use. 20. All vehicular approaches were previously approved with Bonito Subdivision. It is found that the proposed use will not create significant interference with traffic on the surrounding public streets. Refer to ACRD comments for additional detail on Chis issue. ACRD will noC prepare a separate site-specific report for the proposed project and instead have simply required the project to comply with conditions of approval already placed on the subdivision as a whole. 21. It is not anticipated that any nahiral or scenic feature(s) of major importance in the area will be affected by the proposed development. CONCLUSIONS OF LAW The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Plannine Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (LC. §67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 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 teens of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND O12DER GRANTING CONDITIONAL USE PERMIT PAGE 10 OF 19 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 Chat 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 Che proposed use and all yards, open spaces, parking, landscaping and other feahires as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establislunent 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, fmnes, 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 Mixed Use-Regional 'District currently zoned C-C, a public hearing shall be conducted with notice to be published and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONllIT10NAL USE PERMIT PAGE 11 OF 19 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 pcnniC all in accordance with the provisions of Meridian City Code § 11-17-~ 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 be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Cotmcil 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 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 seasonably: 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORllER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 19 F. Require the provision for on-site public facilities or services; and C. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the hnpact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002; Resolution No. 02-382 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: That the above named applicant is granted a conditional use permit for anew 2,800 sq. ft. full service bank building with three (3) drive-thru teller lanes and adrive-up ATb~. The application also requests approval for a future attached retail use and drive-thru west of the proposed bank all in a C-C zone, Meridian, Idaho, subject to the fallowing conditions of use and development, subject to the following: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. The P&Z Commission confirms that applicant will have their choice between the Cwo optional site plans submitted with the application, per condition #3 below. B. Adopt the Recommendations of the Plv~ning and Zoning and Engineering staff as follows: CONDITIONS OF APPROVAL 1. This Conditional Use Permit shall be subject to all applicable conditions of approval from the El Dorado Business Campus (AZ-01-018, CUP-Ol-037, PP-O1-020) and Bonito FINDINGS OF FACT AND CONCLUSIONS OF LAV4' AND DECISION ANll ORDER GRANTING CONDITIONAL USE PERMIT PAGE ]3 OF l9 Subdivision (FP-03-010). 2. The existing lot lines shall be modified through the lot line adjustment process and recorded, providing a legal lot to the applicant in the shape shown on the site plan, prior to issuance of a Certificate of Zoning Compliance (CZC). 3. Two optional site plans are approved with this application. Sheet 1.0 depicts the intended multi-tenant structure and associated site improvements. Sheet lb depicts the site plan if only the bank is constructed. 4. Add one tree in the planter island of the northernmost row of parking. Add one tree per 35 linear Feet along the southern boundaryof the project. 5. Applicant shall submit for a planned sign program. Signage shall conform to the size and number depicted on the submitted plans. 6. This conditional use permit shall be subject to the e~cpiration provisions set forth in MCC 11-17-4.B. 7. 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 ]east 25 feet wide. Drive-thru lanes shall be constructed as depicted on the submitted site plans. 8. 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. The project shall provide across-access stub to the east, as depicted on the site plan. 10. Sanitary sewer and water service shal l be from main lines currently being installed to the property. 1 1. All exterior lighting, whether attached to the building or]ocated within the paticing lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of--way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. 12. All Signage shall be in accordance with the standards set forth in this report and Section 11-14 of the City Zoning and Development Ordinance. All. Signage is subject to review and shall require separate permits. 13. 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 GR4NTING CONDITIONAL U5E PERMIT PAGE 14 OF 19 14. 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'-9'I) for all off-street parking areas. Stone water treatment and disposal must be designed in accordanccwith Department of E nviromnental Q uality 1 997 p ublica6on C atalog o f S torm Water Best Management Practices 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 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. 15. 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 Che 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. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That afire-flow consistent with Appendix D ofthe Giternational [+ire Code be provided Co service the entire project. Fire hydrants shall be placed an average o(.50' apart. 2. Operational fire hydrants and temporary or permanent street sig~~s are required before combustible construction begins. 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final. approval of the fire hydrant locations shall be by the Meridiau Fire Department tlu-u the Public Works Department. 5. All radii shall be 28' inside and 48' outside radius for all entrances and internal roads. 6. All fire lanes shall have an unobstnicted width of 20'. No Parking will be allowed on the access road to the West. D. Adopt the Recorrunendations of ACHD as follows: L Comply with the conditions of approval for MCUP01-037/MAZO 1-018 (El Dorado Bushless Campus). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND O12DER GRANTING CONDITIONAL USE PERMIT PAGE 15 OF 19 E. Adopt the Recommendations of Central District Health Department as follows: 1. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 2. The Engineers and architects involved with the design of the subject project shall obtain cun-ent best management practices for stonnwater disposal and design a stonnwater management system that prevents groundwater and surface water degradation. Adopt the'Recommendatiotrs of the Nampa & Meridian Irrigation Dish'ict as follows: 1. All laterals and wasteways mustbe protected. The Developer must comply with Idaho Code 31-3805. G. Adopt the action of the City Council taken at their December 16, ?003 meeting as follows: For clarification: 1. The applicant submitted two Site Plans both of which are hereby approved, but the applicant shall only be allowed to choose one from the two Site Plans for actual construction (as addressed in Finding number 12. A. 1. above), the two Site Plans the applicant can choose from are as follows: a. For Conditional Use Permit for development of a new 2,800 sq. ft. bank with adrive-thni, or b. For Conditional Use Permit for a new 2,800 sq. ft. bank with a drive-thru and a funu-e 1,500 sq. ft. retail tenant with drive-thru. 2. The site does not match the platted lot lines of Bonito Subdivision and sits on portions of Lots 7 and 8, Bloclc 5. A lot line adjustment shall be required prior to issuance of a Certificate of Zoning Compliance. The conditions shall be reviewable by the Council pursuant to Meridian City Code § 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant sha11 meet such requirements as a condition of approval of the application for a conditional use perniit. 4. That the City Attorney draft an Order Granting Conditional Use Permit FiNU[NGS OF FACT ANll CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 1.6 OF 19 in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this contexC "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 Che 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 ace not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC ] 1-] 7- 4,B.) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 17 OF 19 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 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 tone period within which a Petition for Judicial Review maybe 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 ajudicial 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 ~Gi~."~''w`' , 2004. ROLL CALL: COUNCILMAN KEITH BII2D VOTED COUNCILWOMAN TAMMY de WEERD VOTED__~L- COUNCILWOMAN CHERIE McCANDLESS VOTED COUNCILMAN BILL NARY VOTED_~-- MAYOR RO//B-ER./T D. CORRIE (TIE BREAKER) VOTED DATED: /- /J-0¢ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 18 OF 19 MOTION: APPROVED:~r DISAPPROVED: `,,`1~d111111N1lq~~' ~ ````~~~y O~ W4E/~%9 i~~~Ji ,~` ~ pµPaftgr 'L '~ ayor Robert D. Cowie .Attest: ~'`~ ~~ D 3~4~L = William G. Berg, .Tr., City ler< %,, 0,9 r is3~ ~P~ ~~ Copy served upon Applicant, Planning ani3'Ennwrt~'1j~eparhne Departm{en~t and the ,C~(ity Attorney. By: ~/~'i1.~-.- /d ~' Dated: City Clerk Z:'d4'ork\M\Meridian\Meridian 15360M\Key Bank CUP-03-053\P1C'IsCUP03-053.doc Public Works /- 6-0~ p``~dtuinugr~ ,,\,o~y pF M9iRV~ ~4i~ii "~ ~, G~ \~~oaPO~q rF ~~ ; SEAL y ~~ ~, ~A ~'sO ~sr Isi ~ ,Zo`: .9 O~ , ~~ ,, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 19 OF 19 BEFORE THE CITY COUNCIL OF THE CITY OF A'IERIDiAN C/C 12/16,%03 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR DEVELOPMENT OF A 2,800 SQ. FT. BANK WITH DRIVE-THRU AND FUTURE RETAIL TENANT WITH DRIVE-THRU IN A C-C ZONE FOR KEY BANK, LOCATED SOUTH OF EAST OVERLAND ROAD AND WEST OF SOUTH EAGLE ROAD, MERIDIAN, IDAHO CSHQA, APPLICANT Case No. CUP-03-053 ORDER GRANTING CONDITIONAL USE PERMIT This matter coming before the City Council on December 1C, 2003, 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 of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for a new 2,800 sq. ft. full service bank building with three (3) drive-thru teller lanes and adrive-up ATM. The application also requests approval for a future attached retail use- and drive-thru west of the ORDER CONDITIONAL USE PERMIT (CUP-03-053) PAGE 1 OF 7 proposed bank all in a C-C zone, Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: The P&Z Commission confines that applicant will have their choice between the two optional site plans submitted with the application, per condition #3 below. B. 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 all applicable conditions of approval from the El Dorado Business Campus (AZ-O1-018, CUP-01-037, PP-01-020) and Bonito Subdivision (FP-03-010). 2. The existing lot lines shall be modified through the lot line adjustment process and recorded, providing a legal lot to the applicant in the shape shown on the site plan, prior to issuance of a Certificate of Zoning Compliance (CZC). 3. Two optional site plans are approved with this application. Sheet 1.0 depicts the intended multi-tenant structure and associated site improvements. Sheet lb depicts the site plan if only the bank is constructed. 4. Add one tree in the planter island of the northeminost row of parking. Add one tree per 35 linear feet along the southern boundary of the project. 5. Applicant shall submit for a planned sign program. Signage shall conform to the size and number depicted on the submitted plans. 6. This conditional use permit shall be subject to the expiration provisions set forth in MCC 11-17-4.B. 7. 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-thni lanes shall be constmcted as depicted on the submitted site plans. 8. 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. ORDER CONDITIONAL USE PERMIT (CUP-03-053) PAGE 2 OF 7 9. The project sha11provide across-access stub to the east, as depicted on the site plan. 10. Sanitary sewer and water service shall be from main lines cuiTently being installed to the property. 11. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of--way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. 12. All signage shall be in accordance with the standards set forth in this report and Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to review and shall require separate permits. 13. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. 14. A drainage plan designed by a State ofldaho 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 l 997 p ublication C atalog o f S torn Water Best Management Practices 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 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. 15. 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 latter 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 Cemporary occupancy. C. Adopt the Recommendations of the Meridian Fire Department as follows: L ThaC a fire-flow consistent with Appendix D of the International Fire Code be provided to service the entire project Fire hydrants shall be placed an average of 350° apart. ORDER CONDITIONAL USE PERMIT (CUP-03-053) PAGE 3 OF 7 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 3. Acceptance of the water supply for fire protection will be by the Meridiui Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department thru the Public Works Department. 5. All radii shall be 28' inside and 48' outside radius for all entrances and internal roads. 6. All fire lanes shall have an unobstnicted width of 20'. No Parking will be allowed on the access road to the West. D. Adopt the Recommendations of ACHD as follows: 1. Comply with the conditions of approval for MCUPO] -037/MAZOl-018 (El Dorado Business Campus). Adopt the Recommendations of Central District Health Department as follows: 1. Stoimwater shall be pretreated through a grassy Swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 2. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for storniwater disposal and design a stonnwater management system that prevents groundwater and surface water degradation. F. Adopt the Recommendations of the Nampa & Meridian Irrigation DistricC as follows: 1. All laterals and wasteways must be protected. The Developer must comply with Idaho Code 31-3805. G. Adopt the action of the City Council taken at their December l6, 2003 meeting as follows: For clarification: The applicant submitted two Site Plans both of which are hereby approved, bur the applicant shall only be allowed to choose one from the two Site 'Plans for actual construction (as addressed in Finding number 12. A. 1.above), the two Site ORDER CONDITIONAL USE PERMIT (CUP-03-053) PAGE 4 OF 7 Plans the applicant can choose from are as follows: a. For Conditional Use Permit for development of a new 2,800 sq. ft. bank with adrive-thru, or b. For Conditional Use Permit for a new 2,800 sq. ft. bank with adrive-thru and a future 1,500 sq. fr. retail tenant with drive-thru. The site does not match the platted lot lines of Bonito Subdivision and sits on portions of Lots 7 and 8, Block 5. A lot line adjustment shall be required prior to issuance of a Certificate of Zoning Compliance. 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 (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 iu accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building pei~nits and commence constriction 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 02DER CONDITIONAL USE PERMIT (CUP-03-053) PAGE 5 OF 7 completion date for the projeeY. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. Flowever, the applicaoC 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) ~iionth 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 cotmcil. 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 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 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 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 may be adversely affected by the issuance or denial of the ORDER CONDITIONAL USE PERNIIT (CUP-03-053) PAGE 6 OF 7 conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek ajudicial 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 V ~Yr.+~~+. . X004. Attest: -~ obert D. Cowie, Mayor City ofMeridiau „Ilquururarryrq ~~~~q '9.j, ~•2'' CFO '= i.w-.,~..,o iv--- _- s~~L g City Clerk: s, P I afAxk}~ArydLtb n ~^`~ rrftr 111111\l~l By: ~oS-~-~ ~ Dated: City Clerk William G. Ber , Jr., Copy served upon Applicant, the and City Attonrey. Z.A4Vork\M\,MeridianAMendlan 13GOM\Key Bank CUP-03-0~3VO nIcrCUP.duc ORDER CONDITIONAL USE PERMIT (CUP-03-053) p~ ~~~ ~ ~~ ~ .o ~~9pp ~r ~sz • P1* , PAGE70F7 Public Works Department \Illluunwrgrr \~ot~or~,grF 9~. ~~'. - 9~ ~ ` /-6-0~