Loading...
Home Federal CUP 99-007 . . BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF OLSON & ASSOCIATES ARCHITECTS (HOME FEDERAL), FORA CONDITIONAL USE PERMIT FOR CONSTRUCTION AND DEVELOPMENT OF A BANK WITH THREE DRIVE-THRU LANES, SOUTHEAST CORNER OF FRANKLIN AND MERIDIAN ROAD, MERIDIAN, IDAHO Case No. CUP-99-007 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS The above entitled conditional use permit application having come before the City Council on the 1st day of June, 1999, and Shari Stiles, Planning and Zoning Administrator, having appeared and testified, and no one appeared in opposition of the application, and the City Council having received the staff report and the record made before the Planning and Zoning Commission, and being fully advised in the premises, the Council finds and concludes as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BY OLSON & ASSOCIATES ARCHITECTS (HOME FEDERAL) - I . . FINDINGS OF FACT L A notice of a public hearing on the conditional use pennit was published for two (2) consecutive weeks prior to the said public hearing scheduled for June I, 1999, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (I 5) days prior to said hearing and with the notice of public hearings having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the June I, 1999, said public hearing; 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 and 67-6512; and §§1l-2-416E and 11-2-418E as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. The property is located at the southeast corner of Franklin and Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BY OLSON & ASSOCIATES ARCHITECTS (HOME FEDERAL) - 2 . . Road, Meridian, Idaho. 4. The owner of record of the subject property is Earl Coryell of 97 E. 1st St., Meridian, Idaho. 5. Applicant is Home Federal of 500 12th Ave. S., Nampa, Idaho. 6. The subject property is currently zoned General Retail and Service Commercial (C-G). The zoning district of General Retail and Service Commercial (C-G) is defined within the City of Meridian Zoning and Development Ordinance, Section 11-2-408(1l). 7. The proposed application requests a conditional use permit for construction and development of a bank with three drive-thru lanes. The General Retail and Service Commercial (C-G) 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 11-2-409). 8. The use proposed within the subject application will in fact, constitute a conditional use as detennined by City Policy. 9. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Title 11, Municipal Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BY OLSON & ASSOCIATES ARCHITECTS (HOME FEDERAL) - 3 . . the City of Meridian, adopted December 21, 1993, Ord. No. 629-Jan. 4, 1994 and Maps and the Ordinance establishing the Impact Area Boundary. 10. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian: Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 10.1 Any existing irrigation/drainage ditches crossing or adjacent to the property shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users' association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 10.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-5 17. Wells may be used for non-domestic purposes such as landscape irrigation. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BY OLSON & ASSOCIATES ARCHITECTS (HOME FEDERAL) - 4 . . 10.3 Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. lOA Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.DA and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with An1ericans with Disabilities Act (ADA) requirements. 10.5 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. All site drainage shall be contained and disposed of on-site. 10.6 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-14.D.3. 10.7 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs will be permitted. 10.8 Applicants shall provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 10.9 All construction shall conform to the requirements of the Americans with Disabilities Act. 10.10 Applicant shall provide revised site plan detailing all existing and proposed utilities for review by the Meridian Public Works Department. Designer shall coordinate sizing and routing of sanitary sewer and water within the development with the Public Works Department. 10.11 Applicant shall provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. Flow and pressure from the existing mains shall be monitored with FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BY OLSON & ASSOCIATES ARCHITECTS (HOME FEDERAL) - 5 . . the Meridian Water Department to determine whether adequate fire protection exists. 10.12 Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, "Late Comers" fees may also be charged against this parcel to help reimburse the parties responsible for installing mains to their current points. 10.13 Applicant shall provide calculation of asphalt area. A minimum of one (1) three-inch (3") caliper tree per 1,500 square feet of asphalt are required per Ordinance. Austrian Pines should be a minimum of 6'-8' in height to be included as trees meeting this requirement. 10.14 Landscaping of 20-foot-wide strip adjacent to Meridian Road shall be provided south of proposed property line as part of this development. 10.15 Coordinate locations and construction requirements of trash enclosure with Sanitary Services, Inc., and provide a letter of approval from their office prior to applying for building permits. 10.16 Applicant shall provide letter of approval from Ada County Highway District with submittal of site plan prior to issuance of Certificate of Zoning Compliance. 10.17 Applicant shall provide handicapped accessible parking spaces and associated signage in accordance with the Americans with Disabilities Act. All building and parking lot construction shall meet the requirements of the Americans with Disabilities Act. 10.18 Seventeen-foot long parking spaces shall be allowed due to overhang area provided. 10.19 Site plan shall be revised to include correct street names. Adopt the Meridian Fire Department's Recommendations as follows: 10.20 Applicants shall satisfy all fire code requirements. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BY OLSON & ASSOCIATES ARCHITECTS (HOME FEDERAL) - 6 . . 10.21 A fire hydrant shall be added. Adopt the Ada County Highway District's Recommendations as follows: 10.22 The applicant shall provide a minimum of IOO-feet of stacking before the teller window. 10.23 Applicant shall construct a 24 to 30-foot wide curb return driveway on Franklin Road located approximately 200-feet east of Meridian Road (approximately the mid-block position) with 25-foot curb radii abutting Franklin Road. The driveway shall be paved its full width and at least 30- feet beyond the edge of pavement of Franklin Road. This driveway may be restricted to right-in/right-out operations in the future if necessary. 10.24 The existing 30-foot wide curb return driveway on Meridian Road located approximately 315-feet south of Franklin Road is approved with this application. The driveway shall be paved its full width and at least 30-feet beyond the edge of pavement of Meridian Road. 10.25 Applicant shall provide a recorded cross access easement for the parcels to the south and east to use this parcel for access to the public streets prior to issuance of a building permit (or other required permits). 10.26 Applicant shall replace unused curb cuts on Franklin Road and Meridian Road with standard curb, gutter and 5-foot wide concrete sidewalk to match existing improvements. 10.27 Restrictions on width, number and location of driveways shall be placed on future development of this parcel. 10.28 Other than the access points specifically approved with this application, direct lot or parcel access to Franklin Road or Meridian Road is prohibited. Adopt the Nampa & Meridian Irrigation District Recommendations as follows: 10.29 Requires all laterals and wasteways be protected. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BY OLSON & ASSOCIATES ARCHITECTS (HOME FEDERAL) - 7 . . 10.30 All municipal surface drainage shall be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 10.3 I The developer must comply with Idaho Code § 31-3805. ll. To maintain compliance with the Comprehensive Plan, the project should be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing and intended character of the general vicinity and that such intended conditional use will not change the essential character of the requests. CONCLUSIONS OF LAW L The City Council adopts as its Conclusions of Law the Recommendations 10.1 through 10.31 of the Recommendations to City Council made in the above entitled matter by the Planning and Zoning Commission which are incorporated herein by reference as if set forth at length. 2. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.c. §67-6503). 3. The Meridian Planning and Zoning Commission may exercise all the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BY OLSON & ASSOCIATES ARCHITECTS (HOME FEDERAL) - 8 . . 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 Title XI, Chapter 1, Municipal Code of the City of Meridian. 4. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 5. The City Council has the duty and responsibility to review the facts and circumstances of each application for conditional use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Section 11-2-418, City of Meridian Zoning and Development Ord.): a. Will, in fact, constitute a conditional use as determined by City policy; b. Will be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BY OLSON & ASSOCIATES ARCHITECTS (HOME FEDERAL) - 9 6. . . c. Will 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 will not change the essential character of the same area; d. Will not be hazardous or disturbing to existing or future neighboring uses; e. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage 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; f. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; and i. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. Prior to granting a conditional use permit in a General Retail and Service Commercial District (C-G), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BY OLSON & ASSOCIATES ARCHITECTS (HOME FEDERAL) - IO . . conditional use permit all in accordance with the provisions of Section 11-2-418E 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 Section I I -2-4l6, Zoning Amendment Procedures, of this Ordinance. Provided, however, that Conditional Use applications for land in Old Town and in Industrial and Commercial Districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission and after the recommendation of the Commission is made the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 7. 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. (Section ll-2- 418(f), City of Meridian Zoning and Development Ordinance.) 8. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: 8.1 Minimize adverse impact on other development; 8.2 Control the sequence and timing of development; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BY OLSON & ASSOCIATES ARCHITECTS (HOME FEDERAL) - I I . . 8.3 Control the duration of development; 8.4 Assure that the development is maintained property; 8.5 Designate the exact location and nature of the development; 8.6 Require the provision for on-site public facilities or services; and 8.7 Require more restrictive standards than those generally required, in this Ordinance. 9. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 2l, 1993, Ord. 629, January 4,1994 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: L That the above named applicant is granted a conditional use permit to use the property for the construction and development of a bank with three drive-thru lanes, subject to the following conditions of use and development: l.l Any existing irrigation/drainage ditches crossing or adjacent to the property shall be tiled per City Ordinance 11-9-605.M. The FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BY OLSON & ASSOCIATES ARCHITECTS (HOME FEDERAL) - 12 1.2 1.3 1.4 1.5 1.6 1.7 1.8 . . ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users' association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-5 17. Wells may be used for non- domestic purposes such as landscape irrigation. Off-street parking shall be provided in accordance with Section 11- 2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.DA and ll-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 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. All site drainage shall be contained and disposed of on-site. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-14.D.3. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs will be permitted. Applicants shall provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BY OLSON & ASSOCIATES ARCHITECTS (HOME FEDERAL) - 13 . . 1.9 All construction shall conform to the requirements of the Americans with Disabilities Act. 1.10 Applicant shall provide revised site plan detailing all existing and proposed utilities for review by the Meridian Public Works Department. Designer shall coordinate sizing and routing of sanitary sewer and water within the development with the Public Works Department. 1.11 Applicant shall provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. Flow and pressure from the existing mains shall be monitored with the Meridian Water Department to determine whether adequate fire protection exists. 1.12 Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, "Late Comers" fees may also be charged against this parcel to help reimburse the parties responsible for installing mains to their current points. 1.13 Applicant shall provide calculation of asphalt area. A minimum of one (I) three-inch (3") caliper tree per 1 ,500 square feet of asphalt are required per Ordinance. Austrian Pines should be a minimum of 6'-8' in height to be included as trees meeting this requirement. 1.14 Landscaping of 20-foot-wide strip adjacent to Meridian Road shall be provided south of proposed property line as part of this development. 1.15 Coordinate locations and construction requirements of trash enclosure with Sanitary Services, Inc., and provide a letter of approval from their office prior to applying for building permits. 1.16 Applicant shall provide letter of approval from Ada County Highway District with submittal of site plan prior to issuance of Certificate of Zoning Compliance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BY OLSON & ASSOCIATES ARCHITECTS (HOME FEDERAL) - 14 . . 1.17 Applicant shall provide handicapped accessible parking spaces and associated signage in accordance with the Americans with Disabilities Act. All building and parking lot construction shall meet the requirements of the Americans with Disabilities Act. 1.18 Seventeen-foot long parking spaces shall be allowed due to overhang area provided. 1.19 Site plan shall be revised to include correct street names. 1.20 Applicants shall satisfy all fire code requirements. 1.21 A fire hydrant shall be added. 1.22 The applicant shall provide a minimum of IOO-feet of stacldng before the teller window. 1.23 Applicant shall construct a 24 to 30-foot wide curb return driveway on Franklin Road located approximately 200-feet east of Meridian Road (approximately the mid-block position) with 25- foot curb radii abutting Franldin Road. The driveway shall be paved its full width and at least 30-feet beyond the edge of pavement of Franldin Road. This driveway may be restricted to right-in/right-out operations in the future if necessary. 1.24 The existing 30-foot wide curb return driveway on Meridian Road located approximately 315-feet south of Franldin Road is approved with this application. The driveway shall be paved its full width and at least 30-feet beyond the edge of pavement of Meridian Road. 1.25 Applicant shall provide a recorded cross access easement for the parcels to the south and east to use this parcel for access to the public streets prior to issuance of a building permit (or other required permits). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BY OLSON & ASSOCIATES ARCHITECTS (HOME FEDERAL) - 15 . . 1.26 Applicant shall replace unused curb cuts on Franldin Road and Meridian Road with standard curb, gutter and 5-foot wide concrete sidewalk to match existing improvements. L27 Restrictions on width, number and location of driveways shall be placed on future development of this parcel. 1.28 Other than the access points specifically approved with this application, direct lot or parcel access to Franldin Road or Meridian Road is prohibited. 1.29 Requires all laterals and wasteways be protected. 1.30 All municipal surface drainage shall be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 1.31 The developer must comply with Idaho Code § 31-3805. 2. The conditions shall be reviewable by the Commission pursuant to Section 11-2-4 I 8 (K) of the City of Meridian Planning and Zoning Ordinance. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BY OLSON & ASSOCIATES ARCHITECTS (HOME FEDERAL) - 16 . . NOTICE OF FINAL ACTION Please talœ 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 conditional use permit may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held June I ~ 1999. ROLL CALL: COUNCILMAN ANDERSON VOTED~ COUNCILMAN BENTLEY VOTED~ COUNCILMAN BIRD VOTED~ COUNCILMAN ROUNTREE VOTED~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BY OLSON & ASSOCIATES ARCHITECTS (HOME FEDERAL) - 17 . . MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: f-/5- 1/9 VOTED- MOTION: APPROVED:~ DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDiTIONS BY OLSON & ASSOCIATES ARCHITECTS (HOME FEDERAL) - 18 . . BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR) CONDITIONAL USE PERMIT FOR ) CONSTRUCTION AND DEVELOPMENT OF ) A BANK WITH THREE DRIVE-THRU LANES, ) SOUTHEAST CORNER OF FRANKLIN AND) MERIDIAN ROAD, BY OLSON & ) ASSOCIATES ARCHITECTS (HOME) FEDERAL), MERIDIAN, IDAHO ) IDAHO ) ) ) CUP-99-007 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter coming before the City Council on the 15th day of June, 1999, for final action on conditional use permit application and the Council having received and approving the recommendation of the Planning and Zoning Commission the Council takes the following action: 1. That the applicant, Home Federal, and Earl Coryell, owner of the property, is granted a conditional use permit for the construction and development of a bank with three drive-thrulanes, as described in the Preliminary Site Plan as Plat bearing DATE: 4/1/99, DRAWN LF, JOB NO. 98099, SHEET NUMBER A 1, BY: OLSON & ASSOCIATES ARCHITECTS, P.A., ARCHITECTS, and FOR: HOME FEDERAL MERIDIAN BRANCH, as conditionally approved by order of the City Council on the 15th day of June, 1999, for the development of the aforementioned projects and which property is described in Exhibit "A" attached hereto. 2. This permit is subject to the following terms and conditions: That the above named applicant is granted a conditional use permit to use the property for the construction and development of multiple buildings on a single lot, subject to the following conditions of use as follows: ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT OLSON & ASSOCIATES ARCHITECTS (HOME FEDERAL) . . 2.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2.2 Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 2.3 Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 2.4 Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.0.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 2.5 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. All site drainage shall be contained and disposed of on-site. 2.6 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-14.D.3. 2.7 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs will be permitted. 2.8 Applicants shall provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.8. 2.9 All construction shall conform to the requirements of the Americans with Disabilities Act. 2.10 Applicant shall provide a revised site plan detailing all existing and proposed utilities for review by the Meridian Public Works Department. Designer shall ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT OLSON & ASSOCIATES ARCHITECTS (HOME FEDERAL) 2 . . coordinate sizing and routing of sanitary sewer and water within the development with the Public Works Department. 2.11 Applicant shall provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. Flow and pressure from the existing mains shall be monitored with the Meridian Water Department to determine whether adequate fire protection exists. 2.12 Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, "Late Comers" fees may also be charged against this parcel to help reimburse the parties responsible for installing mains. Applicant may participate in the cost of the sewer trunk line extension at time of its construction. 2.13 An appropriate number of three-inch (3") caliper trees are shown on the site plan. Landscape plan is not to be revised without prior written approval of the Planning and Zoning Department. 2.14 Signage shall be limited to one low-profile monument type sign. Sign shall be placed outside of sight triangle. Detailed signage plans will be subject to design review. 2.15 Applicant shall coordinate the location and sizing requirements of the trash enclosure with Sanitary Services, Inc. and obtain written approval of the plans prior to applying for building permits. 2.16 Application shall provide a letter of approval from Ada County Highway District with submittal of site plan prior to issuance of Certificate of Zoning Compliance. 2.17 All outdoor storage of equipment and material must be enclosed with a screening fence. 2.18 Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act. 2.19 Applicants shall satisfy all fire code requirements. 2.20 A fire hydrant shall be added unless it is determined by the Fire Department there is not enough water for fire flow in which case the applicant shall add a fire sprinkler system. 2.21 Driveways shall be located a minimum of 50-feet from any intersection, as ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT OLSON & ASSOCIATES ARCHITECTS (HOME FEDERAL) . . measured near edge of driveway to back of curb. 2.22 Driveways shall be a minimum of 3D-feet wide and a maximum of 4D-feet wide, paved a minimum of 3D-feet beyond the back of sidewalk. Shared driveways are encouraged. 2.23 Restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 2.24 Direct lot or parcel access to Locust Grove Road and Pine Avenue is prohibited. 3. The conditions shall be reviewable by the Council pursuant to Section 1-2-418(K) of the City of Meridian Planning and Zoning Ordinance. 4. 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. 5. This order shall be automatically amended for the description of said parcel at such time as the approval and recording of the final plat of Olson & Associates Wes Worcester d.b.a. Santee Construction in Railside Park Subdivision. 6. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of § 11-2-418 J of the Municipal Code of the City of Meridian, a copy of which is attached to this permit. Copy served upon Applicant, the Planning and Zoning Department and the Public Works Department. """"""," ~\\ ~"" "'.. Cfi' . '" B~/Je.¡9-lJ' ,'¥-/5-?9 ity Clerk È ¡ i SIAL ~ msg/Z:IWorklMIMeridian 15360MIHome Federaå:;UPI ~rder.wPd AI € ;. "".D i '\ ~ r 191 . ~ ,¡ ORDER OF CONDITIONAL APPR~~ . ~~"~>¡' OF CONDITIONAL USE PERMIT "111""It"""'" OLSON & ASSOCIATES ARCHITECTS (HOME FEDERAL) 4 . :!lJ. é> ~. g"1/"~ 91U7, . 5505 W. Franklin Road' Boise, Idaho 83705-1055 Land Description Home Federal Savings Meridian, Idaho A parcel of land situate in Government Lot 1 of Section 18, Township 3 North, Range 1 East, Boise Meridian, Meridian City, Ada County, Idaho, being more particularly described as follows: Commencing at the northwest comer ot said Section 18; thence N89°20'10"E, 73.90 feet along the northerly boundary of said Government Lot 1; thence Soo039'50"E, 34.66 feet along a line perpendicular to the norther1y boundary of said Govemment Lot 1 to the southerly right-of-way of Franklin Road and to the Real Point of Beginning: Thence S88°19'02"E, 61.02 feet along the southerly right-oj-way of Franklin Road to a point of curvature; Thence 110.16feet along the southerly right-of-way of Franklin Road along a tangent curve deflecting to the right, with a radius of 5,771_S8 feet, a central angle at 01°0S'37", a long chord of 110_16 teet and a chord bearing ot S88°S0'00"E; Thence SO0"49'OS"W, 147.98 feet along a line parallel to the easter1y right-oj-way ot Meridian Road; Thence N88°S0'S6"W, 202.9S feet to the easter1y right-oj-way of Meridian Road; Thence Nooo49'OS"E, 116.61 feet along the easterly right-of-way of Meridian Road; Thence N45°49'05"E, 44.94 feet to the Real Point of Beginning. Comprising 29,582 square feet, more or less. Andthe foliowing described land as a non-exciusive easement tor purposes ot ingress- egress: Commencing at the northwest comer of said Section 18; thence N89°2Q'10"E, 73.90 feet along the norther1y boundary ot said Government Lot 1; thence Sooo39'SO"E, 34.66 feet along a line perpendicular to the northerly boundary of said Govemment Lot 1 to the southerly right-oj-way of Franklin Road; thence S4so49'OS"W, 44.94 feet to the easterly right-at-way of Meridian Road; thence Soo049'OS"W, 116.61 feet along the easterly right-oj-way of Meridian Road to the Real PoInt of B"glnnlng: Thence S88°50'S6"E, 55-S9 feet; Thence S28°46'S2"W, 22.57 feet; Thence Sooo49'05"W, 139.49 feet along a line 45.00 feet easterly of the easterly right-of-way of Meridian Road; Page 1 of 2 EXHIBIT "A" TO ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT . . Thence N89°10'54'W, 45.00 feet to the easterly right-at-way of Meridian Road; Thence NOoo49'O5"E, 159.75 feet along the easterly right-of-way of Meridian Road to the Real Point of Beginning. Andthe following described land as a non-exclusive easement for purposes of ingress- egress: A strip of land 15.00 wide, easterly of and adjacent to the following described line: Commencing at the northwest comer ot said Section 18; thence N89'20'10"E, 73.90 feet along the northerly boundary of said Government lot 1; thence SOoo39'50"E, 34.66 feet along a line perpendicular to the northerly boundary of said Government Lot 1 to the southerly right-of-way ot Franklin Road; thence 588'19'02"E, 61.02 feet along the southerly right-ot-way of Franklin Road to a point of curvature; thence 110.16 feet along the southerly right-of-way of Franklin Road along a tangent curve deflecting to the right, with a radius ot 5,771.58 feet, a central angle of 01005'37", a long chord of 110.16 feet and a chord bearing of saao50'OO"E to the Real Point of Beginning: Thence Sooo49'OS"W, 147.98 teet along a line parallel to the easterly right-at-way of Meridian Road to the Point of Tennlnus. And Subjecttothe following described non-exclusive easement for purposes of ingress- egress: A strip of land 1S.oo wide, westerly of and adjacent to the following described line: Commencing at the northwest comer of said Section 18; thence N89"20'10"E, 73.90 feet along the northerly boundary of said Govemment Lot 1; thence Sooo39'SO"E, 34.66 feet along a line perpendicular to the northerly boundary of said Govemment Lot 1 to the southerly right-of-way of Franklin Road; thence S88°19'02"E, 61.02 feet along the southerly right-of-way of Franklin Road to a point of curvature; thence 110.16 feet along the southerly right-of-way of Franklin Road along a tangent curve deflecting to the right, with a radius of S,771_S8 feet, a central angle of 01 OOS'37", a long chord of 110.16 teet and a chord bearing of 58ao50'OO"E to the Real Point of Beginning: Thence Sooo49'05"W, 147.98 feet along a line parallel to the easterly right-of-way of Meridian Road to the Point of Terminus. Date: March 29, 1999 Prepared By: Joseph D. Canning, PiS 4116 Page 2 of 2 EXHIBIT "A" TO ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT . . q OSC,,8// ) , , AFTER RECORDING RETURN TO: DWIGHT F. BICKEL Atlorn.y "' u,w 8150 Em,,'.id - Suite 150 Boi.., Idah, KJ7(). T.i.pho". (208) 378-. 16O },JI. .-PI."") "..'.'..'-- ¡:f /! FOR~ ~ GRANTOR: QUITCLAIM DEED ~;~::~~s. .F~~;~~2c. ( EARL c. CORYELL and ELIZABETH P. CORYELL, hu f(3 GRA "TEE: EARL C. CORYELL AND ELIZABETH P. CORYELL, AS CO-TRUSTEES Of' THE EARL AND ELIZABETH CORYELL TRUST UNDER TRUST AGREEMENT DATED OcrOBER 17, 1990 AND THEIR SUBSTlTUTES AND S";CCESSORS AS TRUSTEE THEREUNDER. GRANTEE'S ADDRESS: 97 East Firsl S""t, Meridian, Idaho 83642. DESr.RIPTION OF REAL PROPERTY CONVEYED BY THIS DEED: Situated in Ute County of Ad;¡. State of Idaho: All of that ponion of Government Lot 1 in Section 18, Township 3 North, Range I East. BulSe Meridian, which is situated West of the Westerly right of way line of East Erst Screet (State Highway 69), EXCEPT the Southerly 62'i.71 f""t thernor, AND ALSO EXCEPT the parcels described as Exceptio"s Nos. I, 2, 3,4, and 5 below: r:.~ùun.l!u...l: ['",tions he"'toforn con,eyed for road Wld highway purposes for FnutlJin Road (U.S. II iMhway 30) a10llg the Northerly boUlldary of ,aid Inct of laml. and for Meridian Smoot IIlolI~ Lhe We,'C'iy OOUII":'I)' of ,.¡,t In.:1 of '""d. ë~UJÙ!» ,.2: ,\ p:m:cl describc<! as follows: Con\lnen",,~., ute Northwest c,>mer or ..id l<" I ill ",clio" I S, Township 3 North. Range I Easl. Boise Menilian, ""d running thence South al,Jllg the West line of ssid Sc:<'tion 18 . diStance of 328.& focI 10 a point. the REAL I'L.C:E OF BEGINNING; thence North S\I"OO' Usst a distance of 175 feet; thence South parallel 10 said S~tion line a dis:an~ of 110 fecI; thence South M\lOOO' West" dist""ce of J 75 fccI to . point on said S""tion line: thence North .Iong the ,sid Section line a disWlce of 110 1'.'1 <0 tl\e ",.1 pl.ce of bc~inlli,,~. L)lI["~,(~LAIM DEED - Page 1 or 3 Pages EXHIBIT "A" TO ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT . . Exc<:ption No,.3: The traCt of land dcscnòcd in documcat rcc:ordcd U Inmumcnt No. 406459. records of Ada County. Idaho. Exc<:ntion No 4: Commencing at the Nonhwest comer of Section 18. Township ~ Nonh. Range 1 Eas~ Boise Meridian, and bearing S. 89°20' E.. 498 fee~ along the Nonh boundary of sa:d Section 18; thence South 205 foot aloDg the West boundary of the right of way of Bast First Street (Sæœ lIighway 69) þ) Ihc REAL POINT OF BEGINNING; thence continuing South 100 fect, along said W." boundary of said right of way; thence N. 89°20' W.. 160 feet; tbcace Nonh 100 feet p=1lcl1O said West boundary of !he right of way; thcacc S. 89°20' E., 160 feet 10 the point of beginning. Exc<:ption No 5: A parcel dc=ibcd u follows: COmIDe:lciD¡ at a found Inss cap mU¡:.illICDting !he NorJ¡west Comer of said Section 18; thcace alon¡ Ùle Westerly :ine of said Section 18. S. 00"50'53" W.. a c1istance of 21554.39 feet 10 a found btass cap monwncntin¡ !he West \/4 Comer of said Section 18; thence b8ck lion¡ said Wesu:rly li.Dc N. f'oO"S()'S3" E.. a distance of 1327.06 feet 10 a foWld alllltlinum cap monumentins the Southwest Comer of wd Government Lot 1; Ùletlce continuing alon¡ u.id Wo.sterly line N. 00°50'53" E. a distance of 625.71 feet ~vlously shown of ~ u Nonh 625.70 fœ;) to !he Nonhwest Comer of tr.'\tœnain tnIt:t oflllld dascnòcd in InStNDlCltt No. 452519. =rds of Ada County, Idaho; thetlce Icavin¡ said Wo.sterly line aloog the Northerly line of Ùle land dcsaibcd in said InstrUl'llCtlt No. 452519. S. 88°30'16" E., a disWICC of 25.00 fcct to . found sa:d. pin on the EasœrI)' ri¡bt-of-W&). of Meridiatt Road, said S\CCl pi:¡ bcm¡ !he REAL POINT OF BEOlNNINO; 1bCDCC lion¡ said Easterly ri¡ht-Of-WI1 N. 00°50'53" ~. a distance of 47.20 feet III Ihc Sou~,w.st Comet of that cenaIn tnet of land dcacrlbcd In InStNDlCltI No. >406459. ~ of Ada CoWlt)'. Idaho; thCtlCO a1on¡ tho boundary of dwltrKI cIcIc:rIbcd In said wtNIIICtU No..-06459 S. 89"09'07" E.. a distance of 70.00 feet 10 a point; 1beDce N. 00"50'53" E., a disWlcc of 30.00 fcellO I point; thence N. 89"09'07" W" , t:lIWlce ol70.00 feet 10 , poinl on Ibe Baslerl)' ri¡hl-Qf-way of Meridian Road; Ùlcnco lcayln¡ thy boun.ùly of tho tnet dcserihcd in uJd Instrument No. 4064S9, lion¡ tho ,Aid Baslerly rlShl-of-way of Moridian Road N. 00.50'53" E" a diswlCe of 183.40 fcot to) , point; thence IcavinS said Eulerly right- of-way S. 88°06'02" E., a distance of 150.18 fcollO , lœeI pin; thence N. 00°52'02" Eo, a dilWICC of 30.08 ftCt 10 , lteel pili; thOllC'l N. 00"57'00" E., , c1iltanca ol9.97 fColt 10 , Ia:d. pin; Ihoncc QUITCLAIM DEED - Pag' 2 or 3 Pages EXHIBIT "A" TO ORDER OF CONDiTIONAL APPROVAL OF CONDITIONAL USE PERMIT . . . '." S. 89°17'23" E.. a distance of 301.81 feet 10 a steel pin on the WestcrlYrlglÎl-or,;;~'iif<. East 1st S=t; thence along said Westerly right-of-way;' :',': ~'~" '" ::::,~,~Øc:. S. 01 °17'11" W,. a distance of 323.70 feet 10 a fO1llll1 steel pin ÒDtho NOtÌhCriY'1InåOt:,,", the above mentioned tract of land dc:c:r!bcd in Instrument NO:.4S2519. reCords'or":. Ada County. Idaho; thence lcaving tho Westerly right-of-way of EaSt IstStRic:t' .. and along the Northerly line of said tnICI of land described in ÚISInIIIIeIIt'No.:~' 452519 ... ..-"",:'C;;;' N. 88°30'16" W, (previously shown ofrccord as N. 89"20' WJ. a ~ of 449:'6 f~::' to the REAL POINT OF BEGrnNING.' - FOR V ALUERECEIVED, the abovo-named Granror does llercby convey,ro!wê; remise, and forever QUITCLAIM unto the above-named Grantee, tho. rcal propc::ny above described, together with the appurtenances. . .""~, This deed is given for estatll planning purposes 10 VOlt titlo CD tho propc::ny In II revocable living ¡rust established by Grantor parties. Thcro is DO valuablo cons!dcn.tIoa Ia c:asII ' or propeny. DATED: October -1..:1-. 1990. ~ .....J' ¿ ¿ ...,,/ EARL c. CORYELL ~'hrt,fI, ~...t¿" :E'IH P. COR: STATE OF IDAHO ¡ )s:. COU^TI OF ADA On zhi: p d", oIOclobcr./m. bf/OrW IIIf.. Nozor¡ Public in ond/or said SIGIt. ptr:tlllGlt, rqII>CGrtd EARl. ORYELL and ElJZAJJEtH 1'. CORYELL, known Id nJ/fIld la IIIf to 1M 1111 f'I":tJN """"'_, o,..,su scri d'OIMwllhlnllUl_lII.and,.,btaw/dftd '0 mt Iho Iltly ex«ulld Iii QUITCLAIM DEED - Page 3 of 3 PqeJ EXHIBIT "A" TO ORDER OF CONDiTIONAL APPROVAL OF CONDITIONAL USE PERMIT ..