Mountain West Bank AZ 04-026
PARTIES:
1.
2.
ADA CDUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 3B
BOISE IDAHO 02124/05 03:03 PM
~~~~~ÓE~i~k~:JI~~ST OF 1111111111111111111111111111111111111
Meridian Cily 105022224
DEVELOPMENT AGREEMENT
City of Meridian
EP Crossing, LLC, Owner/Developer
THIS DÆVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this~ day of p!-brt<-~ ' 2005, by and between CITY OF
MERIDIAN, a municipal corporation of the Sta e ofIdaho, hereafter called "CITY', andEP
Crossings, LLC, whose address is PO Box 15407, Boise, Idaho 83715, hereinafter called
"OWNER/DEVELOPER".
1.
RECITALS:
1.2
1.3
1.4
1.5
1.6
1.1
WHEREAS, "OWNER/DEVELOPER" is the sole owner, in law
and/or equity, of certain tract of land in the County of Ada, State of
Idaho, described in Exhibit A for each owner, which is attached
hereto and by this reference incorporated herein as if set forth in full,
herein after referred to as the "Property"; and
WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may,
by ordinance, require or permit as a condition of re-zoning that the
"Owner/Developer" make a written commitment concerning the use
or development of the subject "Property"; and
WHEREAS, "City" has exercised its statutory authority by the
enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes
development agreements upon the annexation and/or re-zoning of
land; and
WHEREAS, "Owner/Developer" has submitted an application for
annexation and zoning and conditional use permit of the "Property"
described in Exhibit A; and
WHEREAS, "Owner/Developer" made representations at the public
hearings both before the Meridian Planning & Zoning Commission
and before the Meridian City Council, as to how the subject
"Property" will be developed and what improvements will be made;
and
WHEREAS, record of the proceedings for the requested annexation
and zoning designation of the subject "Property" held before the
Planning & Zoning Commission, and subsequently before the City
Council, include responses of government subdivisions providing
DEVELOPMENT AGREEMENT (AZ-O4-026)
PAGE 1 OF 13
1.7
1.8
1.9
1.10
services within the City of Meridian planning jurisdiction, and
received further testimony and comment; and
WHEREAS, City Council, the 9th day of November, 2004, has
approved certain Findings of Fact and Conclusions of Law and
Decision and Order, set forth in Exhibit B, which are attached hereto
and by this reference incorporated herein as. if set forth in full,
hereinafter referred to as (the "Findings"); and
WHEREAS, the Findings require the "Owner/Developer" to enter
into a development agreement before the City Council takes final
action on annexation and zoning designation; and
"OWNERIDEVELOPER" deem it to be in its best interest to be
able to enter into this Agreement and acknowledges that this
Agreement was entered into voluntarily and at its urging and requests;
and
WHEREAS, "City" requires the "Owner/Developer" to enter into a
development agreement for the purpose of ensuring that the
"Property" is developed and the subsequent use of the "Property" is in
accordance with the terms and conditions of this development
agreement, herein being established as a result of evidence received
by the "City" in the proceedings for annexation and zoning
designation from government subdivisions providing services within
the planning jurisdiction and from affected property owners and to
ensure annexation and zoning designation is in accordance with the
amended Comprehensive Plan of the City of Meridian adopted
August 6, 2002, Resolution No. 02-382, and the Zoning and
Development Ordinances codified in Meridian City Code Title 11 and
Title 12.
NOW, THEREFORE, in consideration of the covenants and conditions set
forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in full.
DEVELOPMENT AGREEMENT (AZ-O4-O26)
PAGE 2 OF 13
3. DEFINITIONS: For all purposes of this Agreement the following words,
terms, and phrases herein contained in this section shall be defined and interpreted as herein
provided for, unless the clear context of the presentation of the same requires otherwise:
3.1
3.2
3.3
"CITY": means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and government
subdivision of the state ofIdaho, organized and existing by virtue of
law of the State of Idaho, whose address is 33 East Idaho Avenue,
Meridian, Idaho 83642.
"OWNERIDEVELOPER": means and refers to EP Crossings, LLC,
whose address is PO Box 15407, Boise, Idaho 83715, the party
developing said "Property" and shall include any subsequent
owner(s)/developer(s) of the "Property".
"PROPERTY": means and refers to that certain parcel(s) of
"Property" located in the County of Ada, City of Meridian as
described in Exhibit A describing the parcels to be annexed and
zoned CoG attached hereto and by this reference incorporated herein
as if set forth at length.
4.
USES PERMITTED BY THIS AGREEMENT:
4.1
4.2
The uses allowed pursuant to this Agreement are only those uses
allowed under "City's" Zoning Ordinance codified at Meridian City
Code Section 11-7-2 (C) which are herein specified as follows:
Rezone of2.48 acresfrom RUTto CoG and the Construction
of a 4550 square foot full-service commercial bank with three (3)
drive-through tellers.
No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5. DEVELOPMENT IN CONDITIONAL USE: "Owner/Developer" has
submitted to "City" an application for conditional use permit, and shall be required to obtain
the "City's"approval thereof, in accordance to the City's Zoning & Development Ordinance
criteria, therein, provided, prior to, and as a condition of, the commencement of construction
of any buildings or improvements on the "Property" that require a conditional use permit.
DEVELOPMENT AGREEMENT (AZ-O4-026)
PAGE 3 OF 13
6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
"Owner/Developer" shall develop the "Property" in accordance with the
following special conditions:
A.
Adopt the Special Recommendations of the Planning and Zoning Commission as
follows:
B.
1.
The eastern portion of this site is not being developed at this time. If the
subject annexation and zoning application is approved, CoG property will be
adjacent to rural residential properties zoned RUT in Ada County. To protect
the existing single-family uses to the north from future commercial uses on
this site that may produce excessive noise, odor, traffic, litter, etc. Any use
on the remainder portion of this site requires Conditional Use Permit
approval.
2.
There is a proposed driveway to Fairview Avenue located approximately 170-
feet east of Venture Street. This proposed driveway is bisected by a future
property line. In order to limit access points to adjacent roadways and to
provide access between the bank portion of this site and the undeveloped
eastern portion of this site vehicular access to this site is restricted to those
approved with the concurrent CUP.
3.
The hours of operation for businesses on this site are limited from 7 am to 7
pm since this site abuts single-family residences.
Adopt the Recommendations of the Meridian Planning & Zoning Department as
follows:
I.
Any existing domestic wells and/or septic systems within this project will
have to be removed from their domestic service, per City Ordinance Section
5-7-517, when services are available from the City of Meridian. Wells may
be used for non-domestic purposes such as landscape irrigation.
2.
All irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or lying adjacent and contiguous to the parcel shall be
tiled per City Ordinance 12-4-13. Plans will need to be approved by the
appropriate irrigation/drainage district, or lateral users association (ditch
owners), with written approval or non-approval submitted to the Public
Works Department. If lateral users association approval can't be obtained,
plans will be reviewed and approved by the Meridian City Engineer prior to
final plat signature.
DEVELOPMENT AGREEMENT (AZ-O4-026)
PAGE 4 OF 13
Sanitary sewer and domestic water service to this site shall be via main line
extension from the existing mains adjacent to the property near the corner of
the Wal-Mart site. The applicant shall be responsible for acquiring
appropriate standard City of Meridian easements from the property owner for
the installation and operation of the sewer mainline on private property.
Applicant shall be required to extend water and sanitary sewer service mains
to and through the proposed development, thereby making them available to
the adjacent properties. Subdivision designer to coordinate main sizing and
routing with the Public Works Department.
3.
4.
5.
6.
The submitted landscape plan, prepared by The Land Group, Inc., dated July
13, 2004 is approved as submitted with the following changes/notes:
i.
Provide a 10-foot wide (minimum) landscape buffer along Venture
Street, located entirely outside of any existing right-of-way and any
additional right-of-way required by ACHD with this application. All
trees shall be located beyond the required street right-of-way.
Provide a 35-foot wide (minimum) landscape buffer along Fairview
Avenue, located entirely outside of any existing right-of-way and any
additional right-of-way required by ACHD. All trees shall be located
beyond the required right-of-way.
Provide a minimum 25-foot wide landscape buffer along the entire
north property line. Materials used in the buffer shall be in
accordance with MCC 12-13-13-3.
Construct all interior landscape planters (islands) to be minimum 5-
feet in width (measured inside curbs).
Any tree over 4" in caliper that is removed from the property shall be
replaced by installing additional trees, being the equivalent number of
caliper inches of trees that were removed. Required landscaping trees
will not be considered as replacement trees for those trees that are
removed. (MCC 12-13-13-3)
ii.
iii.
iv.
v.
Prior to issuance of Certificate of Zoning Certificate (CZC) permit,
the applicant shall submit a revised landscape plan that complies with
the changes/additions/notes listed above.
The number of off street parking stalls is approved as shown on the submitted
site plan. In accordance with MCC 11-13-5, all standard parking stalls shall
be constructed 9-feet by 19-feetminimum and the drive aisles shall be at least
25-feet wide.
Building construction shall substantially comply with the elevations prepared
by Erstad Thornton Architects, dated July 7, 2004. Construction materials
DEVELOPMENT AGREEMENT (AZ-O4-026)
PAGE 5 OF 13
7.
8.
9
10.
11.
used on the structure shall be approved by City. of Meridian Building
Department and be in accordance with the most recent Uniform Building
Code.
An underground, pressurized irrigation system shall be installed to all
landscape areas per the approved specifications and in accordance with MCC
12-13-8 and MCC 9-1-2.
If no permanent fencing is provided on the perimeter, temporary construction
fencing to contain debris must be installed around the perimeter prior to
issuance of a building permit. All fencing shall be installed in accordance
with MCC 12-4-10.
The applicant shall comply with the conditions and comments of all City
Departments, and other agencies.
The applicant shall coordinate the location and design of trash dumpster(s)
with the Sanitary Services Company (SSe) staff. Trash enclosures must be
built in the location and to the size approved by SSC. All dumpster(s) must
be screened in accordance with MCC 11-12-I.C. Contact Bill Gregory at
SSC (888-3999) for detailed review of your proposal and submit stamped
(approved) plans with your certificate of zoning compliance application.
No building or other structure shall be erected, moved, added to or
structurally altered, nor shall any building structure or land be established or
change in use on this site without first obtaining a Certificate of Zoning
Compliance (CZC) from the Meridian Planning and Zoning Department
(MCC 11-19-1.
12.
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 a paving, striping, landscaping, and irrigation). A
bid must accompany any request for temporary occupancy. Any temporary
occupancy will not exceed 60 days to complete the required improvements.
13.
If construction has not begun within 18 months of City Council approval, a
new conditional use permit must obtained prior to the start of development.
14.
Outside lighting shall be designed and placed in such a manner as to
eliminate glare and illumination of the adjoining roadways and properties, in
accordance with City Ordinance Section I 1-13-4.c.
DEVELOPMENT AGREEMENT (AZ-O4-026)
PAGE 6 OF 13
15.
16.
17.
A drainage plan designed by a State ofIdaho licensed architect or engineer is
required and shall be submitted by the City Engineer (Ord. 557, 10-1-91) for
all off-street parking areas. Storm water treatment and disposal must be
designed in accordance with Department of Environmental Quality 1997
publication Catalog of Storm Water Best Management Practices for Idaho
Cities and Counties and City of Meridian standards and policies. Off-site
disposal into surface water is prohibited unless the jurisdiction which has
authority over the receiving stream provides written authorization prior to
development plan approval. The applicant is responsible for filing all
necessary applications with the Idaho Department of Water Resources
regarding Shallow Injection Wells.
All signage shall be in accordance with the standards set forth in Section 11-
14 of the City Zoning and Development Ordinance.
All construction shall conform to the requirements of the Americans with
Disabilities Act.
18.
Applicant's (or successor's) failure to comply with any of the terms of
approval of the conditional use permit shall be cause for revocation of the
conditional use permit.
19.
Construct a six foot tall fence along the north property line.
Adopt the ACHD conditions listed in their report dated October 6, 2004, which
report lists required site-specific requirements, conditions of approval and street
improvements.
C.
Comply with all the conditions in the corresponding applications in this matter,
Request for Annexation and Zoning, AZ-04-026 and Conditional Use Permit, CUP-
04-035.
D.
E. Adopt the action of the City Council taken at their November 9,2004 meeting as
follows:
For clarification:
1. All proposed uses on this site shall be approved through the Conditional Use
Permit process.
2.
Vehicular access to this site shall be restricted to those approved by ACHD
and the City with the concurrent Conditional Use Permit Application (CUP-
004-035). Access to Fairview Avenue, across the parcel to the east is
agreeable.
DEVELOPMENT AGREEMENT (AZ-O4-026)
PAGE 7 OF 13
3.
Business hours for the property shall be limited from 7am to 7pm.
7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and
the commitments contained herein shall be terminated, and the zoning designation reversed,
upon a default of the "Owner/Developer" or "Owner/Developer's" heirs, successors, assigns,
to comply with Section 6 entitled "Conditions Governing Development" of subject
"Property" of this agreement within two years of the date this Agreement is effective, and
after the "City" has complied with the notice and hearing procedures as outlined inI.C. § 67-
6509, or any subsequent amendments or recodifications thereof.
8. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Owner/Developer" consent upon default to the de-annexation and/or a
reversal of the zoning designation of the "Property" subject to and conditioned upon the
following conditions precedent to-wit:
8.1
That the "City" provide written notice of any failure to comply with
this Agreement to "Owner/Developer" and if the "Owner/Developer"
fails to cure such failure within six (6) months of such notice.
9. INSPECTION: "Owner/Developer" shall, irnmediatelyupon completion of
any portion or the entirety of said development of the "Property" as required by this
agreement or by City ordinance or policy, notifY the City Engineer and request the City
Engineer's inspections and written approval of such completed improvements or portion
thereof in accordance with the terms and conditions of this Development Agreement and all
other ordinances of the "City" that apply to said Development.
10.
DEFAULT:
10.1
10.2
In the event "Owner/Developer", "Owner/Developer's" heirs,
successors, assigns, or subsequent owners of the "Property" or any
other person acquiring an interest in the "Property", fail to faithfully
comply with all of the terms and conditions included in this
Agreement in connection with the "Property", this Agreement may be
modified or terminated by the "City" upon compliance with the
requirements ofthe Zoning Ordinance.
A waiver by "City" of any default by "Owner/Developer" of anyone
or more of the covenants or conditions hereof shall apply solely to the
breach and breaches waived and shall not bar any other rights or
remedies of "City" or apply to any subsequent breach of any such or
other covenants and conditions.
DEVELOPMENT AGREEMENT (AZ-O4-026)
PAGE 8 OF 13
11. REQUIREMENT FOR RECORDATION: "City"shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
"Developer's" cost, and submit proof of such recording to "Owner/Developer", prior to the
third reading of the Meridian Zoning Ordinance in connection with the annexation and
zoning of the "Property" by the City Council. If for any reason after such recordation, the
City Council fails to adopt the ordinance in connection with the annexation and zoning of the
"Property" contemplated hereby, the "City" shall execute and record an appropriate
instrument of release of this Agreement.
12. ZONING: "City" shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein.
13. REMEDIES: This Agreement shall be enforceable in any court of competent
jurisdiction by either "City" or "Owner/Developer", or by any successor or successors in title
or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action
at law or in equity to secure the specific performance of the covenants, agreements,
conditions, and obligations contained herein.
13.1
13.2
In the event of a material breach of this Agreement, the parties agree
that "City" and "Owner/Developer" shall have thirty (30) days after
delivery of notice of said breach to correct the same prior to the non-
breaching party's seeking of any remedy provided for herein;
provided, however, that in the case of any such default which cannot
with diligence be cured within such thirty (30) day period, if the
defaulting party shall commence to cure the same within such thirty
(30) day period and thereafter shall prosecute the curing of same with
diligence and continuity, then the time allowed to cure such failure
may be extended for such period as may be necessary to complete the
curing of the same with diligence and continuity.
In the event the performance of any covenant to be performed
hereunder by either "Owner/Developer" or "City" is delayed for
causes which are beyond the reasonable control of the party
responsible for such performance, which shall include, without
limitation, acts of civil disobedience, strikes or similar causes, the
time for such performance shall be extended by the amount of time of
such delay.
DEVELOPMENT AGREEMENT (AZ-O4-026)
PAGE 9 OF 13
14. SURETY OF PERFORMANCE: The "City" may also require surety
bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as
allowed under Meridian City Code §12-5-3, to insure that installation of the improvements,
which the "Owner/Developer" agrees to provide, if required by the "City".
15. CERTIFICATE OF OCCUPANCY: The "Owner/Developer" agrees that
no Certificates of Occupancy will be issued until all improvements are completed, unless the
"City" and "Owner/Developer" has entered into an addendum agreement stating when the
improvements will be completed in a phased developed; and in any event, no Certificates of
Occupancy shall be issued in any phase in which the improvements have not been installed,
completed, and accepted by the "City".
16. ABIDE BY ALL CITY ORDINANCES: That "Owner/Developer" agrees
to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-
annexation if the owner or his assigns, heirs, or successors shall not meet the conditions
contained in the Findings ofF act and Conclusions of Law, this Development Agreement, and
the Ordinances of the City of Meridian.
17. NOTICES: Any notice desired by the parties and/or required by this
Agreement shall be deemed delivered if and when personally delivered or three (3) days after
deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt
requested, addressed as follows:
CITY:
OWNER/DEVELOPER:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ill 83642
EP Crossings, LLC
PO Box 15407
Boise, Idaho 83715
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ill 83642
DEVELOPMENT AGREEMENT (AZ-04-026)
PAGE 10 OF 13
17.1
A party shall have the right to change its address by delivering to the
other party a written notification thereof in accordance with the
requirements of this section.
18. ATTORNEY FEES: Should any litigation be commenced between the
parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to
any other relief as may be granted, to court costs and reasonable attorney's fees as
determined by a Court of competent jurisdiction. This provision shall be deemed to be a
separate contract between the parties and shall survive any default, termination or forfeiture
of this Agreement.
19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree
that time is strictly of the essence with respect to each and every term, condition and
provision hereof, and that the failure to timely perform any of the obligations hereunder shall
constitute a breach of and a default under this Agreement by the other party so failing to
perform.
20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon
and inure to the benefit of the parties' respective heirs, successors, assigns and personal
representatives, including "City's" corporate authorities and their successors in office. This
Agreement shall be binding on the "Owner/Developer" of the "Property", each subsequent
owner and any other person acquiring an interest in the "Property". Nothing herein shall in
any way prevent sale or alienation of the "Property", or portions thereof, except that any sale
or alienation shall be subject to the provisions hereof and any successor owner or owners
shall be both benefited and bound by the conditions and restrictions herein expressed. "City"
agrees, upon written request of "OwnerlDeveloper", to execute appropriate and recordable
evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had
determined that "Owner/Developer" has fully performed its obligations under this
Agreement.
21. INVALID PROVISION: Ifanyprovisionofthis Agreement is held not valid
by a court of competent jurisdiction, such provision shall be deemed to be excised from this
Agreement and the invalidity thereof shall not affect any of the other provisions contained
herein.
22. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "Owner/Developer" and
"City" relative to the subject matter hereof, and there are no promises, agreements,
conditions or understanding, either oral or written, express or implied, between
DEVELOPMENT AGREEMENT (AZ-04-026)
PAGE 11 OF 13
"Owner/Developer" and "City", other than as are stated herein. Except as herein otherwise
provided, no subsequent alteration, amendment, change or addition to this Agreement shall
be binding upon the parties hereto unless reduced to writing and signed by them or their
successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted
ordinance or resolution of "City".
22.1
No condition governing the uses and/or conditions governing development of
the subject "Property" herein provided for can be modified or amended
without the approval of the City Council after the "City" has conducted
public hearing(s) in accordance with the notice provisions provided for a
zoning designation and/or amendment in force at the time of the proposed
amendment.
23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the
date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance
in connection with the annexation and zoning of the "Property" and execution of the Mayor
and City Clerk.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
OWNERIDEVELOPER:
~
BY: -----/ -? ;::Ø
CITY OF MERIDIAN
ATTEST:
:l-r~~,,~
PAGE 12 OF 13
STATE OF IDAHO)
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COUNTY OF ADA)
Onthis~dayof ~' ,intheyear2005,beforeme,a
NotaryPublic,personailyappeared fl..{/UIJ4eL N. Pe!!!.'! ,known or
identified to me to be the I/urHolûe'éD M I3Vt eÆK ofEP CROSSINGS,
LLC., and the person who executed the instrument and acknowledged to me that he executed
the same on behalf of said limited liability corporation.
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STATE OF IDAHO)
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Notary Public for I .
Residing at: ßruu-
Commission expires: 1-7 -to
County of Ada
On this ItÇ-fi-- day of ':/.eþntNV , in the year 2005, before
me, a Notary Public, personally appeared Tammy de Weerd and William G. Berg, Jr., known
or identified to me to be the Mayor and City Clerk, respectively, of the City of Meridian, who
executed the instrument or the person that executed the instrument of behalf of said City, and
acknowledged to me that such City executed the same.
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DEVELOPMENT AGREEMENT (AZ-03-027)
PAGE 13 OF 13
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of Annexation and Zoning of 2.48 Aeres from RUT to CoG, AND Conditional
Use Permit Approval for a New 4,50Ð Square-Foot Bank with a Drive-Through, by Entad
Thornton An:hitects.
Case Nos. AZ-Ð4-Cl26, CUP-Cl4-Cl35
For the City Council Hearing Date of: October 26, 2004
A. Fíndings of Fact
1. Hearing Facts
a. A notice of a public hearing was published for two (2) consecutive weeks prior to
the City Council public hearing, the first publication appearing and written notice
mailed to property owners or purchasers of record within three hundred feet (300')
of the external boundaries of the property. The notice of public hearing before the
City Council was posted upon the property under consideration more than one week
before said hearing. All other noticing W88 done consistent with Idaho Code §67-
6509.
b.
The matters were duly considered by the City Council at the October 26, 2004,
public hearing(s). The applicant, affected property owners, and government
subdivisions providing services within the planning jurisdiction of the City of
MeridillD were given full opportunity to express comments and submit evidence.
Written and oral testimony was received on this matter, as reflected in the records
of the City Clerk (for written testimony) and in the official meeting minutes (for
oral testimony).
c.
The Planning and Zoning Commission conducted a public hearing and issued a
written recommendation on the subject matter to the City Council
The City Council heard and took oral and written testimony and duly considered the
evidence and the record in this matter.
d.
2. Process Facts
a. There h88 been compliance with all notice IIDd hearing requirements set forth in
Idaho Code §67-6509, 6512, and Meridian City Code §§ 1 ]-]5-5 and 11-17-5 as
evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proofof
Posting filed with the staff report.
3. Application and Property Facts
a. In addition to the application and property facts noted in the staff report IIDd the
Planning & Zoning Recommendation for the subject application(s), it is hereby
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NOS. AZ-04-024,PP-04-03I, ANDCUP-O4-O33 -PAGE 1 of5
verified that the property owner(s) of record at the time of issuance of these
findings are James. and Marcelyn Wylie.
.4. Required Findings per Zoning and Subdivision Ordinance
a. See Exhibit E for the findings required for the Annexation and Zoning application.
b.
See Exhibit F for the findings required for the Conditional Use Permit application.
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land
Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67.
6503).
2. 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 m!!ps thereof. The City of Meridian has, by ordinance, established the
Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was
adopted August 6, 2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code
§ 11.17-9.
4. Due consideration bas been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a clJpy served by the Clerk upon
the applicant, the Planning and Zoning Deparbnent, the Public Works Department and
any affected party requesting notice.
7. That this approval is subject to the Legal Description in Exhibit A, the Site Plan dated
July 7, 2004 as shown in Exhibit B, and the Conditions of Approval in Exhibits C and
D. The conditions are concluded to be reasonable and the applicant shall meet such
requirements as a condition of approval of the application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
CITY OF MERIDIAN fINDINGS OF fACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NOS. AZ-04-O24, PP-04.031, AND CUP-O4-033 . PAGE 2 ofS
1. The applicant's Site Plan as evidenced by having wbmitted the Site Plan dated July 7,
2004 is hereby conditionally approved;
2. The following change to the Conditional Use Permit Conditions of Approval were
made at the City Council hearing;
a) Construct a six foot fence along the north property line.
3. The following changes 10 the Annexation and Zoning Conditions of Approval were
made at the City Council hearing;
a) The City will enter into a latecomers' agreement for applicable utility
extensions, and
b) The A TM is excluded from the hours of operation limitation for this site; and,
4. The site specific and standard conditions of approval are as shown in Exhibits C and D.
D. Notice of Applicable Time Limits
1. 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) montha 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 grOlm.d. In this context "structures" shall include sewer and
water lines, streets or building construction. The applicant has specified in the
application and to the commission and council a construction schedule and completion
date for the project. If the completion date specified for the project is exceeded, the
conditional use application shall become null and void. However, the applicant may
submit an application for a time extension on the project for city council review. The
application for time extension shall be submitted at least thirty (30) days prior to the
deadline for completion of the project. For projects requiring platting, the final plat
must be recorded within this eighteen (18) month period. For projects with multiple
phases, the eighteen (18) month deadline shall apply to the first phase. In the event that
the development is made in successive contiguous segments or multiple phases, such
phases shall be constructed within successive intervals of one year from the original
date of approval by the council. If the successive phases are not submitted within one
year intervals, the conditional approval of the future phases shall be null and void
(MCC 11-17-4.8.).
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. 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
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NOS. AZ-O4.024. PP-O4-O31, AND CUP..04-033 - PAGE 3 of5
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.
2. Please take notice that this is a final action of the governing body ofthe 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 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.
F. Exhibits
Exhibit A: Legal Description (2 pages)
Exhibit B: Approved Site Plan (with conditions)
Exhibit C: Annexation & Zoning Conditions of Approval
Exhibit D: Conditional Use Permit Conditions of Approval (all agencies)
Exhibit E: Annexation and Zoning Findings
Exhibit F:
Conditional Use Permit Findings
~o~;;~ Council at its regular meeting held on the
'11 2004.
9-15 day of
COUNCIL MEMBER SHAUN WARDLE
VOTED~
COUNCIL MEMBER CHRISTINE DONNELL
VOTED ~ ~
VOTED --?
VOTED~
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED-
CITY OF MERIDIAN Fu.,'DINGS OF FAce, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NOS. AZ-O4-024. 1'1'-04-03 I. AND CUP-04-033 - PAGE 4 of 5
Attest:
and City Attorney.
BY:~lI.I ~\'IM.J
1 yClerk's Office
Dated: 11-30-04
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
'CASE NOS. AZ-04-024, PP-04-031. AN ) CUP~-O33 - PAGE 5 of 5
EXHIBIT A
Legal Description (2 pages)
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EXHIBIT 8
Approved Site PIIIIl
Mountain West Bank
(File CUP-04-035)
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N. VUlTURE STREET
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EXHIBIT C
Annexation and Zoning Conditions of Approval
Erstad Thornton Architects
(File AZ-O4-026)
The City ColU1ci1 of the City of Meridian hereby approves the Annexation and Zoning as
requested by the Applicant for the property described in the application, subject to the
following:
ANEXATION & ZONING FACTS AND CONDITIONS .
1. The legal description submitted with the application (dated 8-9-04, stamped by
Richard D. Critser) shows the property as contiguous to the existing corporate
boundary of the City of Meridian. The Public Works Department has conflITIled that
the submitted legal description meets the requirements of the City of Meridian and
the Idaho State Tax Commission.
2. Any existing domestic wells and/or septic systems within this project win have to be
removed from their domestic service, per City Ordinance Section 5-7-517, when
services are available from the City of Meridian. Wells may be used for non-
domestic purposes such as landscape irrigation.
3. All hTigation ditches, laterals or canals, exclusive of natural waterways, intersecting,
crossing or lying adjacent and contiguous to the parcel shall be tiled per City
Ordinance 12-4-13. Plans will need to be approved by the appropriate
irrigation/drainage district, or lateral users association (ditch owners), with written
approval or non -approval submitted to the Public Works Department. If lateral users
association approval can't be obtained, plans will be reviewed and approved by the
Meridian City Engineer prior to final plat signature.
4. Any future subdivision and/or development of this property shall comply with the
City of Meridian ordinances in effect at the time.
5. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be
entered into between the City of Meridian and the property owner(s). The DA shall
require that:
. All proposed uses on the subject site shall be approved through the Conditional
Use Permit process.
. Vemcular access to this site shall be restricted to those approved by ACHD and
the èity with the concurrent Conditional Use Permit Application (CUP-04-035).
Access to Fairview Avenue, across the parcel to the east is agreeable.
. Business hours for the property shall be limited JÌ'om 7 am to 7 pm, including
deliveries, excluding the ATM.
6. The City shall enter into a latecomers' agreement with the applicant with regards to
the applicable utility extensions.
5.
EXHIBIT D
Conditional Use Permit Conditions of Approval
Mountain West Bank
(File CUP-04-03S)
The City Council of the City of Meridian hereby approves the Conditional Use Permit as
requested by the Applicant for the property described in the application, subject to the
following:
SITE SPECIFIC CONDITIONS OF APPROVAL lCUP)
1. All conditions of the accompanying Annexation and Zoning (AZ-O4-026)
application shall also be COJ18idered conditions of the Conditional Use Permit
(CUP-O4-03S) application.
2.
Unless otherwise approved by ACHD, direct access to this site shall be provided
from Venture Street and not Fairview Avenue. Staff recommends that the
applicant contact the property owner to the east (Shuennan) to discuss sharing an
access to Fairview Avenue.
3.
The site plan prepared by Erstad Thornton Architects, labeled al.Il, and dated 7-
07-04, showing a drive through on the western portion of the subject site is
approved with the changes listed herein. Prior to issuance of a Certificate of
Zoning Compliance (CZC) pennit, the applicant shall submit a revised site plan
that complies with. the appliçable changes/additions/notes listed in the Site
Specific Conditions ofthis report.
4.
Sanitary sewer and domestic water service to this site shall be via main line
extension from the existing mains adjacent to the property near the corner of the
Wal-Mart site. The applicant shall be responsible for acquiring appropriate
standard City of Meridian easements from the property owner for the installation
and operation of the sewer mainline on private property. Applicant shall be
required to eKtend water and sanitary sewer mains to II!ld through the proposed
development, thereby making them available to the adjacent properties.
Subdivision designer to coordinate main sizing and routing with the Public Works
Department.
The submitted landscape plan, prepared by The Land Group, Inc., and dated 7-13-
04 is approved as submitted with the following changes/notes:
. Provide a 10-foot wide (minimum) llI!ldscape buffer along Venture Street,
located entirely outside of any existing right-of-way and any additional
right-of-way required by ACHD with this application. All trees shall be
located beyond the required street right-of-way.
. Provide a 35-foot wide (minimum) landscape buffer along Fairview
Avenue,located entirely outside of any existing right-of-way and any
additiona.l right-of-way required by ACHD with this application. All trees
shall be located beyond the required street right-of-way.
. Provide a minimwn 25-foot wide landscape: buffer along the entire north
property line, as proposed. Materials used in the buffer shall be in
accordancewithMCC 12-13-12-3.
. Construct all interior landscape planters (islands) to be a minimum 5-feet
in width (measured inside: curbs).
. Any tree: over 4" in caliper that is removed from the property shall be
replaced by installing additional trees, being the equivalent number of
caliper inches of trees that were removed. Required landscaping trees will
not be considered as replacement trees for those trees that are removed
(MCC 12-13-13-3).
Prior to issuance ora Certificate of Zoning Compliance (CZC) permit, the
applicant shall submit a revised landscape plan that complies with the
changes/additions/notes listed above.
6.
The number of off-meet parking stalls is approved as shown on the submitted site
plan. In accordance with MCC 11-13-5, all standard pl!fking stalls shall be
constructed 9-feet by 19-feet mimmum and the drive aisles sb,all be at least 25-
feet wide.
7.
Building construction shall substantially comply with the elevations prepared by
Erstad Thornton Architects, sheet a3 .11, dated 7-07-04. Con.struction materials
used on the structure shall be approved by City of Meridian Building Department
and be in accordance with the most recent Unifonn Building Code.
8.
An underground, pressurized irrigation system shall be installed to all landscape
areas per the approved specifications and in accordance with MCC 12-13-8 and
MCC 9-1-2.
9.
If no permanent fencing is provided on the perimeter, temporary construction
fencing to contain debris must be installed around the perimeter prior to issuance
of a building permit. All fencing should be installed in accòrdance with MCC 12-
4-10.
10.
Comply with the conditions and comments of all City Departments, and other
agencies.
11.
The applicant shall coordinate the location and design of trash dumpster(s) with
Sanitary Services Company (SSC) staff. Trash enclosures must be built in the
location and to the size approved by SSC. All dumpster(s) must be screened in
accordance with MCC 11-12-1.C. Please contact Bill Gregory at SSC (888-3999)
for detailed review of your proposal and submit stamped (approved) plans with
your certificate of zoning compliance application.
17.
18.
19.
20.
12.
No building or other structure shall be erected, moved, added to or structurally
altered, nor shall any building structure or land be estahlished or change in use on
tbi5 site without first obtaining a Certificate of Zoning Compliance (CZC) from
the Meridian Planning and Zoning Department (MCC I 1-19-1).
13.
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 11 0% of the cost of the required improvements (including
paving, striping, landscaping, and irrigation). A bid must ac~tnpany any reque¡¡t
for temporary occupancy. Any temporary occupancy will not exceed 60 days to
complete the required improvements.
14.
If construction has not begun within 18 months of City Council approval, a new
conditional use permit must be obtained prior to the start of development.
15.
Outside lighting shall be designed and placed in such 8 manner as to e]irninate
glare and illwnination of the adjoining roadways and properties, in ac~rdance
with City Ordinance Section I I -13-4.C.
16.
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 Stann Water Best Management Practices for Idaho Citie¡¡ and Counties and
City of Meridian standards and policies. Off-site disposal into surface water is
prohibited unless the jurisdiction which has authority over the receiving stream
provides written authorization prior to development plan approval. The applicant
is responsible for filing all necessary applications with the Idaho Department of
Water Resources regarding Shallow Injection Wells.
All signage shall be in accordance with the standards set forth in Section 11-14 of
the City Zoning and Development Ordinance.
All construction shall conform to the requirements of the Americans with
Disabilities Act.
Applicant's (or successor's) faiIme to comply with any of the terms of approval
of the conditional use pennit shall be cause for revocation of the conditional use
permit.
Construct II six foot tall fence along the north property line.
MERIDIAN FIRE DEPARTMENT
1. Final approval of the fire hydrant locations shall be by the Meridian Fire
Department.
a.
Fire Hydrants shall have the 4 W' outlet face the main street or parking lot
aisle.
The Fire hydrant shaI.1 not face a street which does not have addresses on
it.
Fire hydrant markers shall be provided per Public Works spec.
Locations with fire hydrants shall have the curb painted red 10' to each
side of the hydrant location.
Fire Hydrants shall be placed on corners.
Fire hydrants shall not have any vertical obstructions to outlets within 10'. .
b.
c.
d.
e.
f.
2.
All entrance and internal roads shall have a turning radius of28' inside and 48'
outside.
3.
Provide a 20-foot wide Fire Lane for all internal and external roadways.
4.
Operational fire hydrants and temporary or permanent street signs are required
before combustible construction begins.
5.
With respect to teller lanes, fire lanes shall have a vertical clearance of 13-6".
6.
This office/commercial development will have an unknown transient population
and wi!! have an unknown impact on Meridian Fire Department call volumes. The
Meridian Fire Department has experienced 2,397reaponses in the year 2003.
According to a report completed by Fire & Emergency Services Consulting
Group our requests for service are projected to reach 2,800 in the year 2005 and
3,800 by the year 2010.
7.
Maintain a separation of 5-feet from the building to the dumpster enclosure.
8.
Provide a knoxbox entry system for the complex.
ACHD CONDmONS OF APPROVAL
Site Specific Conditions of Approval
1. Construct a 5-foot detached concrete sidewalk abutting the site along Fairview
Avenue. The face of sidewalk shall be located a miDimum of 53-feet from the
centerline ofFairview Avenue. If any portion of the sidewalk is located outside
of the right-of-way, provide an easement to the District for that sidewalk.
2.
3.
Widen the pavement abutting the site on Venture Street to one-half of a 40-foot
street section and construct vertical curb, gutter, and a S-foot concrete sidewalk.
Dedicate 2-feet of additional right-of-way abutting the site along Venture Street
OR provide an easement to the District for any portion of the sidewalk that is
location outside of the right.of-way.
9.
4.
Construct two 25-foot wide driveways on Venture Street These driveways may
be constructed as either curb-cut or curb-return type driveways. The first
driveway shall be located aminirnum of 50-feet ftom the intersection of Venture
Street and Fairview Avenue (measured near edge to near edge). Construct the
second driveway I 75-feet north of the intersection, as proposed.
5.
Direct access to FaiIview Avenue is prohibited except for a shared full access
driveway at the east property line, IF the existing driveway to the adjacent
property is incorporated with the new driveway.
6.
Comply with all Standard Conditions of Approval.
Standard ConditioDs of Approval
I. Any existing inigation facilities shall be relocated outside of the right-of-way.
2.
All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
3.
Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction of the proposed development Contact
Construction Services at 387-6280 (with file number) for details.
4.
Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator at
387-6258 (with file numbers) for details.
5.
All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived herein. An engineer registered in the State ofIdaho shall
prepare and certify all improvement plans.
6.
The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (Of other required permits), which incorporates any required
design clumges. .
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 #198, 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 ca1l DIGLINE (I-
800-342-1585) at least two full business days prior to breaking ground within
ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
10.
No change in the tern1S and conditions oftbis 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.
II.
Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans. or other regulatory and legal restrictions in force at
the öme the applicant or its successors in interest advises the Highway District of
its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
IRRIGATION DISTRICT CONDITIONS
I. If all storm drainage is retained on-site there will be no impact on N ampa &
Meridian Irrigation District and no further review will be required.
2.
3.
4.
5.
If any surface drainage leaves the site, the N ampa & Meridian Irrigation District
requires a Land Use Change Application be filed for review prior to final platting.
Please contact Donna Moore at 466-7861 for further information.
All laterals and waste ways must be protected.
The developer must comply with Idaho Code 31-3805.
It is recommended that irrigation water be made available to all developments
within the N ampa & Meridian lnigation District.
EXmBITE
Annexation and Zoning Findings
Erstad Thornton Architects
(File AZ-04-026)
The City Council hereby approves the following analysis of required findings by staff:
According to Meridian City Code (MCC) /1-15-11, General Standards Applicable to
Zoning Amendments, both the Planning & Zoning Commission and Council are required
"to review the particular facts and circumstances of each proposed zoning amendment
in tenns of the following standards and slwll find adequate evidence answering th£
following questions about the proposed zoning amendment. .
The following is the list of standards found in 11-15-11 and llIla!ysis by staff:
A.
Will the new zoning be harmonious with and in accordance with the
Comprehensive Plan and, if not, has there been an application for a
Comprehensive Plan amendment;
In Chapter VII of the Comprehensive Plan, 'commercial' is defined as areas
providing a full range of commercial and retail to serve area residents and visitors.
Staff finds that the requested zoning designation, C-G, is harmonious with and in
accordance with the 2002 Comprehensive Plan and the Future Land Use Map,
which designates the land to be "Commercial."
Staff also finds the following 2002 Comprehensive Plan text policies to be
applicable to this application (stqIJ analysis is in italics below policy):
. "Permit new. . . commercial development only where urban services can be
reasonably provided at the time of final approval and development is
contiguous to the City." (Chapter IV, Goal I, Obj. A, iKJ)
This parcei is contiguous to the City because it abuts the Records East
Subdivision (WaJ-Mart) across Fairview Avenue. Sanitary sewer and water to
lIerve this development is currently available on the south side of Fairview
Avenue.
. "Require all commercial businesses to install and maintain landscaping."
(Chapter V, Goal Ill, Obj. D, #5)
Staff has included conditions for landllcaping within this report.
. "Consider' Accommodating Bicycle and Pedestrian Travel: À Recommended
Approach' from the National Center for Bicycling and Walking in aliland use
decisions." (Chapter VI, Goal II, Obj. A, #3)
This puhlicatúJ1I encourages jurisdictions to establish bikeway and walkway
facilities in new construction and reconstri«:tion projects, in a manner that is
safe, accessible and convenient. The applicalll will be required to construct 5-
foot wide sidewalks adjacent to Fairview Avenue and Venture Street as
conditions of approval.
. "Pbm for a variety of commercial and retail opportunities within the
Impact Area." (Chapter vn, Goall, Objective B)
Staff believes that the proposed use, bank wilh drive-through, does contribute
to the variety of commercial uses in this QT&!, as envisioned wíth the
Comprehensive Plan.
. "Require screening and buffering of commercial and industrial properties and
residential use with transitional zoning." (Chapter VII, Goal N, Obj. A, #6)
While transitionai zoning is not proposed (e.g. L-O), the applicant does show
a 25-foot wide landscape buffir immediately atfjacent to Venture Subdivision
to the north. The Landscape Ordinance requires a minimum btiffer width of
25-feet between single-family residences and commercial uses. As long as the
landscape stripslbuffers are constructed in accordance with Meridian City
Code (MCC) 12-13. stqffbelieves the intent of this policy is met with the
submitted site and landscape plan.
. "Where the project is developed adjacent to low or medium density residential
uses, a transitional use is encouraged" (Chapter VII, pg. 98)
There are two existing residences immediately acljacent to the property s
north boundary, which is approximately 315-feet long (east-west). On the
north end of the site, a transitional use is not proposed. Rather, a landscape
bujJèr is proposed, as discussed above. Because this site is only 230-feet deep
(north-south), fitting a transitional use between the proposed bank and the
single-family homes would be dijJìcult. Stqfffinds that the separation shown
' meets the intent of a transitional use, as long as appropriate screening and
noise and light mitigation measures are taken. The Commission and Council
should review the seDaration and comvatibtlitv of the iJro/Josed commercial
users) with Venture Subdivision to the north
B.
Is the area incilided in the zoning amendment intended to be ..ezoned in the
future;
Concurrent with the annexation and zoning application, the applicant has
submitted a conditional use permit for a bank with a drive-through on the subject
site (CUP-04-035). Staff does not anticipate that the applicant plans to rezone the
subject property in the future if the accompanying CUP application for a bank
with a drive-through is approved.
E.
F.
c.
Is the area included in the zoning amendment intønded to be developed in tlte
fashion that wowd be allowed under the new zoning -for example, a
midentiaI area tu.rning into a commercial area by means of conditional use
permits;
Staff finds that the proposed bank building is a permitted use within the requested
CoO zone. However, according to City Code the drive-through use requires
conditional use permit approval. The applicant is proposing to utilize
approximately two-thirds of the exi sting parcel for the proposed bank. There is no
use proposed use on the remaining 0.62 acres, eastern portion of the parcel. Future
conditional use permit approval may be required, depending on the use on this
undeveloped portion of the site. See Special Consideration #1 below for further
analysis of conditional use permit approval requirements on the undeveloped
portion of this site.
D.
Has there been a change in the area or adjacent areas which may dictate that
the area should be rezoned. For example, have the streets been widened, new
railroad access been developed or planned or adjacent area being developed
in a fashion similar to the proposed rezone area;
Surrounding uses include rural residential properties to the north,
retaill commercial uses to the east, a cemetery to the south, and a turf farm to the
west. There has been recent retaillrestaurantlcommercialloffice development up
and down this portion of Fairview Avenue. Additionally, Fairview Avenue is
currently improved with 5-lanes. This site is designated 'Commercial' on the
Comprehensive Plan Future Land Use Map. Staff finds that the requested zoning
designation of CoG is harmonious with the existing and planned adj acent
developments.
Will the proposed uses be designed, constructed, operated and maintained to
be harmonious and appropriate in appearance with the existing or intended
character of the general vicinity and that such use wiD not change the
ess ential character of the same area;
Staff finds that the proposed commercial zone/use will change the existing
character of the area, but that the proposed zone and future uses should be
hannonious and appropriate in appearance with the existing and intended
character of the area. Staff finds that any future uses, if designed, constructed and
operated in accordance with adopted city ordinances, should be harmonious and
appropriate in appearance with the intended character of the vicinity.
Will the proposed uses not be hazardous or disturbing to existing or future
neighboring nse8;
To mitigate the possible noise and visual disturbances of the proposed
commercial use, the applicant is proposing to const:mct a 25-£00t wide landscape
buffer along the entire north property line. Said landscape buffer has dense trees
and shrubs. Staff is supportive of the proposed landscape buffer along the north
property line.
There are two potential disturbanceslhazards that staff can envision if the
annexation and zoning and concurrent CUP applications are approved. The first
potential disturbance is the potential hours of operatiOJl of the bank. If the bank is
operating during regular business hours then staff does not believe that the
proposed use will be disturbing to the existing residential uses.
The second potential disturbancelhazard has to do with vehicular access to and
from this site. The lack of any proposed access to this site was a concern of the
City in denying the annexation request in 2002 (the subject applicant is proposing
two access points onto Venture Street and one access point onto Fairview Avenue
with CUP-04-035). During the hearings for the previous annexation request, the
neighbors had differing views on access. Some neighbors did not wanl this site to
take access to Venture Street because it would increase their time to get into and
out of their development and because there are kids that play in Venture Street.
Other neighbors and ACHD did not want access to be granted to Fairview A venue
because adding access points to arterials contributes to the inefficient movement
of cars on the roadway.
AŒD considers access points in their analysis of projects and has prepared a
staff report that prohibits access to Fairview A venue. In order to have access to
Fairview Avenue, the applicant must receive a modification of ACHD policy. The
ACHD Board of Commissioners is scheduled to hear this item on October 6,
2004. Staff supports ACHD staff's recommendation, prohibiting direct lot access
to Fairview A venue, and further recommends that the applicant contact Mr.
Shuerman to the east to see ¡fhe would be willing to share his access to Fairview
A venue with the subject property. Staff finds that if cross access between the
subject property and the property to the east is constructed as well as the proposed
accesses to Venture Street, the proposed use (access) should not be hazardous to
neighboring uses. However, staff does find that increasing the traffic volumes on
Venture Street will be an inconvenience to the existing residence as Venture
Street is the only way to get into and out ofthe subdivision. The Commission and
Council should rely on public testimony to determine whether or not the potential
disturbances will substantially affect the existing or future neighboring uses.
As noted above, there is approximately 0.62 acres on the eastern side of this site
that the applicant is not proposing to develop at this time. In order for staff to
ensure that this future use is not hazardous or distm'bing to the existing and future
neighboring uses, staff is recommending that all future uses be required to obtain
CUP approval. See Special Consideration #1 below for further infonnation.
G.
Win the area be served adequately by essential pnbHc facilities Bnd serviees
I.
such as highways. streets, police and fll'e protection, drainage struetures,
refuse disposal, water. sewer or that the person respoasibIe for the
estabßshment of proposed zoning amendment shaD be able to provide
adequately any of such services;
Sanitary sewer and water to serve this development is currently available on the
south side of F airview Avenue. The applicant shall be responsible for the
extension of utilities to and through this proposed development. Sizing and
routing shall be coordinated with the Public Works Department.
The applicant and/or future property owners will be required to pay park and
highway impact fees as well as construct on-site stann water drainage facilities.
The ACHD Board of Commissioners is scheduled to hear this development
proposal on October 6, 2004. Because vehicular access to this site is currently
provided from substandard streets (Venture and Fairview), ACHD is requiring the
applicant to install improvements such as curb, gutter, sidewalk, and pavement
widening on Venture Avenue and sidewalk on Fairview Avenue. Please review
the ACHD report for additional information regarding this fuiding.
On September 10, 2004, ajoint agency/department comments meeting was held
with representatives of key service providers to this property. Based on the joint
agency/department meeting and other comments received from
agencies/departments, stafffinds that the DUblic services listed above can be made
available to accommodate the moDosed develooment. The Commission and
Council should reference any written and/or verbal testimony submitted by any
public service provider, regarding their ability to adequately service this project.
H.
Will not create excessive addidonal requirements at public cost for public
facllldes and services and will not be detrimental to tbe economic weHare of
the community;
If approved, the developer will be financing the extension of sewer, water, local
street infrastructure, utilities and irrigation services to serve the project. The
primary public costs to $eIVe the future residents will be fire and police facilities
and services. Staff finds there will not be excessive additional requirements at
public cost and that the proposed zoning and subsequent development will not be
detrimental to the community's economic welfare.
Will the proposed uses DOt involve uses. activities, processes, materials,
equjplUent and conditions of operation that will be detrimental to any
persons, property or the general weHare by reason of excessive production of
traffie, noise, smoke, fumes, glare or odors;
Staff recognizes that traffic and noise will increase with the approval of this
development; however, staff does not believe that the amount generated will be
detrimental to the general welfare of the public. Staff does not anticipate the
proposed annexation and subsequent uses will create excessive noise, smoke,
fumes, glare, or odors. Staff finds that the proposed commercial zonin&"use will
not be detrimental to people, property or the general welfare of the area.
J.
Will the area have vehieuJar approaches to the property whid1 shall be so
designed as not to create an interference with traffic on surrounding public
streets;
The applicant is proposing to construct one new driveway to Fairview A venue
and two new driveways to Venture Street. ACHD considers vehicular approaches
in their analysis ofprojects and has prepared a siaffreport that prohibits access to
Fairview A venue. In order to have access to Fairview A venue, the applicant must
receive a modification of ACHD policy from the Board of Commissioners. The
ACHD Board of Commissioners is scheduled to hear this item on October 6,
2004.
The proposed access points to Venture Street meet ACHD policy for location.
Staff finds that the least amount of interference to traffic on the surrounding
public streets will occur if cross access between the subject property and the
property to the east (Shuerman) is constructed, and the proposed access points to
Venture Street are constructed. However, staff does find that increasing the traffic
volwnes on Venture Street will be an inconvenience to the existing residence as
Venture Street is the only way to get into and out of the subdivision.
The proposed site plan shows three drive-through windows with each lane able to
stack approximately 3 to 4 cars. Staff is supportive of the proposed drive-through
lanes 118 they should not interfere with traffic on Venture Street or Fairview
Avenue.
The Commission and Council should rely on public testimony, ACHD's
Commission action, and staff's analysis when detennining whether or not the
vehicular approaches and drive-through lanes will create an interference with
traffic on surrounding public streets.
K.
Will not result in the destruction, JOIS or damage of II natural or Icenic
feature of major importance; and
Staifis unaware of any natural ofscenic features of major importance on this site
and finds that no natural or scenic features of major importance will be lost or
damaged by approving the annexation and wning applicfltion. Any existing trees
larger than 4" caliper that are removed shall be mitigated for, per the Landscape
Ordinance.
L.
Is the proposed zoning amendment in tDe best interest of the City of
Meridian. (Ord. 592, 11-17-1992)"
Staff ñnds that 1111 essential services are available or will be provided by the
developer to the subject property and will not require unreasonable expenditure of
public funds. The applicant is proposing to develop the land in substantia]
compliance with the City's comprehensive plan and development ordinances. The
land to the southwest of the subject property was previously annexed into the City
and this is II logical expansion of existing zoning and land uses. In accordance
with the findings listed above, staff finds that the annexation/zoniDl! of this
property would be in the best interest of the City.
EXHIBIT F
Conditional Use Pennit Findings
Mountain West Bank
(File CUP-04-O35)
The City Council hereby approves the following analysis of required findings by staff:
The Commission and Council sha11 review the particular facts and circumstances of each
proposed conditional use in terms of the following and may approve a conditional use
pe.rm.it if they shall find evidence presented at the hearing(s) is adequate to establish (11-
IM~ .
A.
That the site is large enoug/1 to accommodate the proposed use and aU yards,
open spaces, parking, landscaping and other features as may be required by
this ordinance;
Parking stalls are required at the rate of one space per 200 s.f. of gross floor area
for banks (MCC I I -13-S.B). Thirty-four parking spaces are proposed; twenty-
three parking spaces are required (minimum). Staff finds that the project should
have ample parlång.
The proposed site plan shows three drive-through windows with each lane able to
stack approximately 3 to 4 cars. Staff is supportive of the proposed drive-through
lanes as they should not interfere with internal traffic flows or traffic flows on
Venture Street.
All proposed setbacks and landscaping meet the minimum standards outlined in
Titles 11 and 12, Meridian City Code.
Staff finds that the subject property is large enough to accommodate the required
yards (setbacks), open spaces, parking, landscaping and other features required by
the 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;
The Comprehensive Plan Land Use Map designates the property as
"Commercial." MCC 11-8-1, Schedule of Use Control, allows for drive-in
establishments through the conditional use process in the requested CoG zone.
Staff finds that the requested bank use is in compliance with the Comprehensive
Plan Future Land Use Map and that if approved as a CUP the project will be in
compliance with MCC. Please see the findings in section "A" of the Annexation
and Zoning portion of this report for further analysis.
G.
H.
c.
That the design, construction, operation, and maintenance will be compatible
with other ules in the general neighborhood aJ1d w1th the existiDg or
intended character of the general vicinity and that sucb ule will not adversely
change the essential character of the same area;
Please see the findings in section "E" of the Annexation and Zoning portion of
tlús report.
D.
That the proposed use, if it compUes with all conditions of the approval
imposed, will not adversely affect other property in the vicinity;
Please see the findiflgll in sections "F", "f' and "J" of the Annexation and Zoning
portion of this report. The Commission and Council should rely upon public
testimony to determine if the development will adversely affect the other property
in the vicinity.
E.
That the proposed use will be served adequately by essential public facilities
and services such as highways, street, police, and f'1I'e protection, dcalnage
structures, refuse disposal, water, sewer or that the person responsible for
the establishment of proposed conditional use shall be able to provide
adequately any such services;
Please see the findings in section "G" of the Annexation and Zoning portion of
this report.
F.
That the proposed use will not create excessive additional requirements at
pubUc cost for public fadJities and services IIDd will not be detrimental to the
economic welfare of the community;
Please see the findings in sections "0", "H" and "1" of the Annexation and
Zoning portion of this report.
That the proposed use will not involve activities or processes, materials,
equipment, and conditions of operation that wßJ be detrimental to any
persons, property, or general welfRl'e by reason of excessive production of
traffic, noise, smoke, fumes. glare or odors;
Please see the findings in sections "I" and "J" of the Annexation and Zoning
portion of this report.
That the proposed use will have vehicular approaches to the property which
shall be so designed as not to create an interference with traffic on
surrounding pubUc streets;
The applicant is proposing to construct one new driveway to Fairview Avenue
and two new driveways to Venture Street. ACHD considers vehicular approaches
in their analysis of projects and has prepared a staff report that prohibits access to
Fairview Avenue. In order to have access to Fairview Avenue, the applicant must
receive a modification of ACHD policy from the Board of Conunissioners. The
ACHD Board of Commissioners is scheduled to hear this item on October 6,
2004.
The proposed site plan shows three drive-through windows with each lane able to
stack approximately 3 to 4 cars. The drive-through lanes are located on the west
side of the proposed bank building. Staff is supportive of the proposed drive-
through lanes as they should not interfere with internal traffic flow or traffic flows
on the abutting roadways.
The Commission and Council should rely on public testimony, ACHD
Commission action, and staff's analysis when determining whether or not the
vehicu1ar approaches create an interference with traffic on surrounding public
streets. Please see the Findings in section "J" in the Annexation and Zoning
portion of this report for more analysis.
I.
That the proposed use will. not result in the destruetion, loss or damage of a
natural, scenic or historic featore considered to be of major importance.
Staff is unaware of any natural of scenic features of major importance on this site
and finds that no natural or scenic features of major importance will be lost or
damaged by approving the annexation and zoning application. Any existing trees
larger than 4" caliper that are removed shall be mitigated for, per the Landscape
Ordinance.