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Pioneer Federal Credit Union CUP-10-001 DES-10-016 ALT-10-001CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF E IDIAN~--- LAW AND i o A H o DECISION & ORDER In the Matter of Conditional Use Permit for a Drive Through Establishment within 300 Feet of Another Drive Through Establishment in a C-G District as Required by UDC 11-4- 3-11, by Pioneer Federal Credit Union. Case No(s). CUP-10-001; DES-10-016; ALT-10-001 For the Planning and Zoning Commission Hearing Date of: May 6, 2010 (Findings on May 20, 2010) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of May 6, 2010, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of May 6, 2010, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 6, 2010, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of May 6, 2010, incorporated by reference) 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 (LC. §67-6503). 2. The Meridian Planning & Zoning Commission takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps 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-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-10-001 Page 1 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 Chairman of the Commission and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval in the attached Staff Report for the hearing date of May 6, 2010, incorporated by reference. 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 Planning & Zoning Commission's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Conditional Use Permit as evidenced by having submitted the site plan, landscape plan, and building elevations attached in Exhibit A of the staff report dated May 6, 2010, is hereby conditionally approved; and, 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of May 6, 2010, incorporated by reference. D. Notice of Applicable Time Limits Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require 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 (1) year from the original date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-SB-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-10-001 Page 2 Commission may be granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 1 L E. Notice of Final Action and Right to Regulatory Takings Analysis The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty- eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the 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. Attached: Staff Report for the hearing date of May 6, 2010. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-10-001 Page 3 ~j~, ~h By action of the Planning & Zoning Commission at its regular meeting held on the VV day of ~ '°,c. , 2010. COMMISSIONER MICHAEL ROHM VOTED ~~ (Chair) COMMISSIONER SCOTT FREEMAN VOTED~(,~ f COMMISSIONER WENDY NEWTON-HUCKABAY VOTED_z`~1~~~~ COMMISSIONER TOM O'BRIEN VOTED Lam, COMMISSIONER JOE MARSHALL , Copy served upon Applicant, The Attorney. MICHAEL ROHM Public Works Department and City By: ~~,.~ ~ ~ Dated: ~ '~ ~ - :~~ j ~~ City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-10-001 Page 4 STAFF REPORT Hearing Date: May 6, 2010 TO: Planning & Zoning Commission E IDIAN~-- FROM: Sonya Wafters, Associate City Planner I D A H O 208-884-5533 SUBJECT: CUP-10-001/DES-10-016/ALT-10-001 -Pioneer Federal Credit Union I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Pioneer Federal Credit Union, has applied for conditional use permit (CUP) approval for a drive through establishment within 300' of another drive through establishment in a C-G district as required by UDC 11-4-3-11. Design Review approval is also requested for the proposed structure and site as required by UDC 11-SB-8. The applicant requests Alternative Compliance to UDC 11-3A- 19, which allows a maximum of one drive aisle with associated parking to be located between the facade of a structure and adjacent street. See Section IXAnalysis for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed CUP, DES, and ALT with the conditions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit D of the Staff Report. The Meridian Planning and Zoning Commission heard this item on May 6, 2010. At the public hearing, they moved to approve CUP-10-001. a. Summary of Commission Public Hearing: i. In favor: Larry Knopp ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Sonya Wafters vi. Other staff commenting on application: Pete Friedman b. Kev Issues of Discussion by Commission: i. The adequacy of the size of the area where the additional trees are required at the ends of rows of parking in the parking lot in relation to the existing trees in the street buffer; ii. The extension, location, and width of the pathway within the street buffer along Fairview Avenue. c. Kev Commission Changes to Staff Recommendation: i. Add condition, "The applicant shall replace the dead tree that was removed from the street buffer along Fairview Avenue." ii. Add condition, "Extend the pathway within the buffer along Fairview Avenue to the west property boundary in a design & location approved by the Parks Director." III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number CUP-10- 001, DES-10-016, and ALT-10-001 as presented in the staff report for the hearing date of May 6, 2010, with the following modifications: (Add any proposed modifications.) Ifurther move to direct Staff to prepare an appropriate findings document to be considered at the next Planning and Zoning Commission hearing on May 20, 2010. PAGE 1 Denial After considering all staff, applicant and public testimony, I move to deny CUP-10-001, DES-10-016, and ALT-10-001 as presented during the hearing on May 6, 2010, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number CUP-10-001, DES-10-016, and ALT-10-001 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: 850 E. Fairview Avenue Located in the south '/2 of Section 6, Township 3 North, Range 1 East B. Owner(s): Hopkins Financial 910 E. Carol Street Meridian, ID 83642 C. Applicant: Pioneer Federal Credit Union 250 W. 3`a South Mountain Home, ID 83647 D. Representative: Larry Knopp, LRK Architects -Planners, Inc. 2200 Warm Springs Avenue Boise, ID 83712 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for a conditional use permit. A public hearing is required before the Planning & Zoning Commission on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: April 19, and May 3, 2010 C. Radius notices mailed to properties within 300 feet on: April 15, 2010 D. Applicant posted notice on site by: Apri126, 2010 VI. LAND USE A. Existing Land Use(s) and Zoning: This site is currently vacant and lies within a C-G (General Retail and Service Commercial) zoning district. B. Character of Surrounding Area and Adjacent Land Use and Zoning: This site is surrounded by commercially developed property, zoned C-G. PAGE 2 C. History of Previous Actions: • In 2002, this property was annexed (AZ-02-011) with a development agreement (102143306) as part of the Fairview Lakes/Devon Park development. A conditional use permit (CUP-02-014) for a planned development and preliminary plat (PP-02-034) was also approved for the overall development which contained the subject commercial property. • In 2003, a conceptual development plan was approved with a conditional use permit/planned development (CUP-03-014) for the commercial property adjacent to Fairview which included the subject property. • This property was platted (FP-03-033) as Lot 1, Block 1, Devon Park Subdivision No. 1 in 2004. • In 2004, a conditional use permit (CUP-03-054) was approved that included a new concept plan that modified the original CUP approvals regarding lot configuration and structure size to be consistent with Devon Park No. 1. Because this approval was conceptual, detailed CUP approval is required prior to construction per the approved findings. D. Utilities: 1. Public Works: a. Location of sewer: N Lakes Place b. Location of water: N Lakes Place c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: NA 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This property is not within the floodplain. F. Access: Access for this site is depicted on the site plan via North Lakes Place. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is designated "Mixed Use -Community (MU-C)" on the Comprehensive Plan Future Land Use Map. Per the Comprehensive Plan (page 103), the following standards apply to MU- C areas: Up to 25 acres of non-residential uses are permitted as shown on the Future Land Use Map; in MUC areas that are not Neighborhood Centers such as this, over 25 acres of non-residential uses shall be permitted through the CUP process; up to 200,000 square feet of non-residential building area; and residential densities of 3 to 15 units/acre are allowed. Sample uses include: All MU-N categories, clothing stores, garden centers, hardware stores, restaurants, banks, drive-thru facilities, auto service station, and department stores. The proposed financial institution (bank) is a desired use in MU-C areas such as this. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): • Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. PAGE 3 When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian currently provides municipal services to the subject property in the following manner: • Sanitary sewer and water service will be extended to the property. • The lands are serviced by the Meridian Fire Department (MFD). • The lands are serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change. Municipal, fee-supported, services will continue to be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter VII, Goal I, Objective B (page 109) -Plan for a variety of commercial and retail opportunities within the Impact Area. Staff believes the proposed financial institution will contribute to the variety of commercial opportunities available within the City. • Chapter VII, Goal N (page 112) -Encourage compatible uses to minimize conflicts and maximize use of land. Staff believes the proposed use of this property is compatible with surrounding commercial uses. • Chapter VII, Goal N, Objective D, Action 2 (page 114) -Restrict curb cuts and access points on collectors and arterial streets. Access to the site is provided via North Lakes Place, a local street; direct access to Fairview Avenue, an arterial street, is not proposed or approved with this application. • Chapter VII, Goal IV, Objective D, Action 5 (page 114) -Require appropriate landscape and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.). A 25 foot wide landscape buffer exists along Fairview Avenue, an arterial street, as required by UDC Table 11-2B-3. VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zone: The purpose of the commercial districts is to provide for the retail and service needs of the community in accordance with the Meridian comprehensive plan. Six (6) districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. B. Schedule of Use: Unified Development Code (UDC) 11-2B-21ists the permitted, accessory, conditional, and prohibited uses in the C-G zoning district. The proposed financial institution is considered a principal permitted use; however, the associated drive through requires conditional use approval if it lies within 300' of another drive through establishment which it does. There are specific use standards for drive through PAGE 4 establishments listed in UDC 11-4-3-11. C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2B-3 for the C-G zoning district apply to this site. D. Landscaping Standards (UDC 11-3B): 1. Width of street buffer(s): 25 feet along Fairview Avenue; 10 feet along North Lakes Place 2. Width of buffer(s) between land uses: NA 3. Percentage of site as open space: NA 4. Tree Preservation: NA E. Off-Street Parking: UDC 11-3C-6B requires one off-street vehicle parking space for every 500 square feet of gross floor area in commercial districts for non-residential uses. The total square footage of the proposed building is 4,504. Based on this amount, a total of 9 parking stalls are required for the entire building. A total of 40 parking stalls are provided on the site, which exceed the UDC requirements. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: Conditional Use Permit: The request is for conditional use approval for a drive through establishment within 300' of another drive through establishment (Banner Bank to the east across N. Lakes Place) in the C-G district, as required by UDC 11-4-3-11. There are specific use standards listed in UDC 11-4-3-11 that apply to drive-through establishments. The applicant will be required to submit a site plan that demonstrates compliance with those standards with the Certificate of Zoning Compliance application for the proposed use. A concept plan that included this site was previously approved in 2004 with CUP-03-054. This plan depicted a 6,000 square foot building pad directly on the corner of N. Lakes Place and Fairview Avenue with parking to the north and west of the structure along both streets. Because the plan was only conceptual, specific CUP approval is required prior to construction. Staff has reviewed the proposed site plan and believes it provides a superior parking and building layout compared with the previous concept plan since the subdivision entry feature (waterfall, pond, and rocks) and associated landscaping provide screening of a large portion of the parking area; whereas, the parking area on the previous plan was basically one large mass and was not broken up creating a large impervious paved area. The Meridian Pathways Master Plan depicts a segment of the City's multi-use pathway system on this site adjacent to Fairview Avenue. As a condition of approval, staff is recommending the applicant either widen the existing sidewalk to 10-feet or construct a new 10-foot wide multi-use pathway within the street buffer in accord with the guidelines contained in the Plan. DES: Design Review approval is also requested for the proposed structure and site, as required by UDC 11-SB-8 in accord with the standards listed in UDC 11-3A-19 and the guidelines listed in the City's Design Manual. Staff has reviewed the design standards listed in UDC 11-3A-19 and found the site to be in compliance with all standards except parking. The UDC allows properties that are less than 2 acres in size to have a maximum of a single drive aisle with parking on one or both sides between the building facades and the abutting streets. All other off street parking areas shall not be located between the building facades and abutting streets. The applicant has requested approval of alternative compliance to this standard (see below). PAGE 5 ALT: The applicant requests Alternative Compliance to UDC 11-3A-19, which allows a maximum of one drive aisle with associated parking to be located between the fagade of the structure and adjacent streets. The site plan depicts two drive aisles with parking on both sides between the structure and street (Lakes Place). Requests for alternative compliance are allowed only when one or more of the conditions listed in UDC 11-SB-SB.2 exist. Staff has reviewed these conditions and found the following to exist: 1) "The site involves space limitations or an unusually shaped lot." Because the site is located on a street corner and is of a rectangular shape, there is not sufficient depth to construct a bank with a drive-through and provide the majority of the parking on the north and west sides of the building as required; and 2) "The proposed architectural and/or site design demonstrates consistency with the Design Manual." Staff believes the proposed structure and site layout are consistent with the architectural and site design guidelines contained in the Design Manual, except for the guideline that 50% or less of the total required parking for the site should be located between building facades and roadways. The length of the drive aisles are fairly short and contain 6-10 parking spaces with landscaping in planter islands at the ends of rows of parking. Because no trees are shown at the south ends of rows of parking as required by UDC 11-3B-8C, Staff recommends additional trees (a total of 4) be added in these locations. X. EXHIBITS A. Drawings 1. Vicinity/Zoning Map 2. Site Plan (date: March, 2010) 3. Landscape Plan (date: March, 2010) 4. Building Elevations (dated: March 16, 2010) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Sanitary Service Company 6. Ada County Highway District 7. Parks Department C. Required Findings from Unified Development Code PAGE 6 Exhibit A.l :Vicinity/Zoning Map PAGE 7 Exhibit A.2: Site Plan (date: March, 2010) I' 'i J ~~ s !. ! I S.1 fu:u/ -.u _._.. _.w -~i _,__ r ........ ... ...... ..._ _..._ •T.._- __n c„f/~.. .::f1 =..~. a ~_ !_ Imp 1 11~' ~ l'~ ~~ y ., t- ~ - .~ _.-. .. ~: .- - y utl ~ w r_.. r --r.__. ~ .__{~_. Ir - -- '> -- - e.:id -- ~,s ?a l .~+, `~ ~ $ e~ U ', t J i e r_^~~E~ Lsa ~ Rt~I` Y a (,~ ~p,Ia~ - s'-» - 5 "G ''; ~ 1 ti., ..,. ...a., ... ~..,~, .a ~,o. ,.~.~ •... •rs I ..~~, ~~~fff 1 U llI ~~~ ( 'I , U III -' ~ n ~ If ~ u 'r :~ L ;,, w 1 i ~ `~ '., PAGE 8 Exhibit A.3: Landscape Plan (date: March, 2010) ~~~'}> M j... P' ~ "j±1 1~ .':~'.:. ,,~ /, ~~'~ .c - ...~ ~ ~~-- .::;_° _ ,_ \ ~ _ ~ _~ '~6C! sue. Y e r .~ I. w.. tr. • a r t ~~~___ e. i A., ..~ ...,, ,.. .. .. ~• ~ ~ _5 .,y u.~, M s~ ~ ~. ~~ ~• .a ..a~ ~ r it ~'sNrw~ wMa~. ~~N ~ _e~~P~ I~~ 'I `I Ali !kµ ~ --____. ~ 1 ~ 1 1 ~~ 4RR ~~ i t e 1.1 i _ _ I!}'~ ~r ~-~-~ err `~.~y, +~,y I 0 '~'1...,g® M Vu~~"1 1 ::fit -.. ado, .i.-~ .~~_ -`~~ .ill ~~ .. U v --- a -~_. » f tl o ~_.r~._ ~ s - o i h ii,~. i u ~! ~ I (a`' ~ F•~ ". 3 I i ~ .~~.. - _,._ _._ .. J _. ~.._. ~'E~a ~~J~ --____... x~ae ce._p .:u _.._.. (.S.i ~ 7 E ~ }~ ~ ~~ , C v ~~ ~ A 3i f ~" ~ i ~ E ', w ~~ ~~~'. E-~ ~ :~ ' ~g~~~ I ~ o,'j ~9 ~~¢~ ~~n I { ,( I __. ~ ~ I I It i iii ~ { i `, 4l ~ o° u ~ i q u n ~ ~ e k ~~~ Ill w s 111 ~ u r`~ ~~ d 1~ r2 ~-~. ~. ---.`w.:.u r - PAGE 9 ~. l..x --- -- .. Exhibit A.4: Building Elevations (dated: March 16, 2010) .~- _,_,, PAGE 10 o`"e 1 ~~ z ~ i~ ~~~ e ~ ~ ~~ ~~ ~~ B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 The site and landscape plans prepared by LRK Architects-Planners, dated March 2010, shall be revised as follows: a. Either widen the existing sidewalk along Fairview Avenue to 10-feet or construct a new 10- foot wide multi-use pathway within the street buffer in accord with the guidelines contained in Chapter 3 of the Meridian Pathways Master Plan. b. Add trees (a total of 4) at the south ends of rows of parking as required by UDC 11-3B-8Cd. c. Depict a new tree within the street buffer along Fairview Avenue to replace the one that was removed in accord with condition 1.7 below. d. Extend the detached pathway alonE Fairview Avenue to the west property boundary in accord with condition 1.8 below. 1.2 The applicant shall comply with the specific use standards listed in UDC 11-4-3-11 for drive through establishments. The applicant shall submit a site plan that demonstrates compliance with these standards with the Certificate of Zoning Compliance application for the proposed use. 1.3 Prior to establishment of the proposed use, the applicant shall be required to submit a Certificate of Zoning Compliance application to the Planning Department for this site. 1.4 No signs are approved with this application. The applicant shall submit a sign permit application in accord with the standards listed in UDC 11-3D for approval of any future signs on this site. 1.5 The applicant shall have a maximum of 18 months to commence the use as permitted in accord with the conditions of approval listed above. If the business has not begun within 18 months of approval, a time extension shall be requested in accord with UDC 11-SB-6F prior to expiration. If a time extension is not requested or granted and the CUP expires, a new conditional use permit must be obtained prior to operation. 1.6 Staff's failure to cite specific ordinance provisions or terms of the approved conditional use does not relieve the applicant of responsibility for compliance. 1.7 The applicant shall plant a new tree in place of the dead tree that was cut down within the street buffer along Fairview Avenue with development of this site. 1_8 The applicant shall extend the detached pathway along Fairview Avenue to the west Qroperty boundary in a location and design approved by the Parks Director. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in N Lakes Place. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in N Lakes Place. 2.3 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and PAGE 11 distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.5 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall 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, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.6 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.7 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.8 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.9 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to issuing a C/O. 2.10 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.11 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.12 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.13 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.14 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the footing is at least 1-foot above. PAGE 12 2.15 The applicants design engineer shall certify that all seepage beds out of the public right- of-way are installed in accordance with the approved design plans. This certification must be received by the City of Meridian Public Works Department prior to the project receiving final approval. 2.16 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.17 100 Watt and 250 Watt, high-pressure sodium streetlights shall be required per the City of Meridian Department of Public Works, Improvement Standards for Street Lighting. All streetlights shall be installed at sub divider's expense. Final design shall be submitted to the Public Works Department for approved. The street light contractor shall obtain the approved design on file and an electrical permit from the Public Works Department prior to commencing installations. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 3. FIRE DEPARTMENT 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have the 4 'h" outlet face the main street or parking lot drive aisle. b. Fire hydrants shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. £ Fire hydrants shall be placed 18" above finished grade to the center of the 4 '/z" outlets. g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and 48' outside, per International Fire Code Section 503.2.4. 3.4 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical clearance of 13'6 as set forth in International Fire Code Section 503.2.1. 3.5 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J. 3.6 Commercial and office occupancies will require afire-flow consistent with International Fire Code Appendix B to service the proposed project. Fire hydrants shall be placed per Appendix C. 3.7 Provide a Knox box entry system for the complex prior to occupancy as set forth in International Fire Code Section 506. PAGE 13 a. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official as set forth in International Fire Code Section 508.5.1. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). b. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). c. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns related to the site design submitted with the application. 5. SANITARY SERVICES 5.1 SSC did not submit comments on this application. 6. ADA COUNTY HIGHWAY DISTRICT ACHD had no comments on this application. 7. PARKS DEPARTMENT 7.1 The applicant shall design and construct the multi-use pathway required along Fairview Avenue consistent with the location and specifications (Chapter 3) set forth in the Meridian Pathways Master Plan unless otherwise approved by the Parks and Recreation Director. 7.2 Where the multi-use pathway crosses streets or drive aisles, the applicant shall revise the landscape plan to delineate a pathway surface different from that of the driving surface using scored concrete, pavers, or similar treatment. PAGE 14 C. Required Findings from Unified Development Code 1. Conditional Use Permit (UDC 11-SB-6E) The Commission shall base its determination on the Conditional Use Permit request upon the following: a. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The Commission finds that the subject property is large enough to accommodate the proposed use and dimensional and development regulations of the C-G district, except for the parking standards listed in UDC 11-3A-19A.3, as discussed above. (see Analysis Section IX for more information). b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The Commission finds that the proposed use is consistent with the Comprehensive Plan future land use map designation of MU-C. Further, the Commission finds the proposed use of the site is consistent with the Comprehensive Plan in that the proposed financial institution will contribute to the variety of commercial opportunities available in the City. c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The Commission finds that if the applicant complies with the conditions outlined in this report, the proposed financial institution should be compatible with other uses in the general neighborhood and with the existing and intended character of the area. d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The Commission finds that if the applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The Commission finds that sanitary sewer, domestic water, refuse disposal, and irrigation are currently available to the subject property. Please refer to any comments prepared by the Meridian Fire Department, Police Department, Parks Department, Sanitary Services Corporation and ACHD. Based on comments from other agencies and departments, Staff finds that the proposed use will be served adequately by all of the public facilities and services listed above. f. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. PAGE 15 If approved, the applicant will be financing any improvements required for development. The Commission finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community's economic welfare. g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The Commission recognizes that traffic will likely increase with the approval of a financial institution in this location; however, the Commission does not believe that the amount generated will be detrimental to the general welfare of the public since the Comprehensive Plan and UDC anticipated the site to be developed with commercial uses. The Commission does not anticipate the proposed use will create excessive noise, smoke, fumes, glare, or odors. The Commission finds that the proposed use will not be detrimental to people, property or the general welfare of the area. h. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. The Commission finds that there should not be any health, safety or environmental problems associated with the proposed use. The Commission finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic or historic feature of major importance. 2. Design Review (iTDC 11-SB-8D) In order to grant approval for an administrative design review, the director shall determine that the proposed structural and/or site designs conform to the standards and meet or exceed the intent of the "City of Meridian Design Manual." The Commission has reviewed the proposed site plan and building elevations submitted with the subject application and has deemed them to be in substantial conformance with the City's design standards and guidelines if the applicant complies with the conditions of approval listed in Exhibit B. See Section IX of the staff report for more information. 3. Alternative Compliance (UDC 11-SB-5E) In order to grant approval for an alternative compliance, the director shall determine the following: a. Strict adherence or application of the requirements are not feasible; or The Commission finds adherence to the parking requirements listed in UDC 11-3A-19A.3 is not feasible for the following reasons: 1) the site is located on the corner of two streets, E. Fairview Avenue on the south and N. Lakes Place on the east; 2) adrive-through is proposed on the west side of the building; and 3) the depth of the lot is such that makes locating the majority of the parking on the north side of the structure impractical. b. The alternative compliance provides an equal or superior means for meeting the requirements; and The Commission believes the street buffers and parking lot landscaping along with the waterfall feature at the corner will screen the majority of the parking area and will provide at least equal means for the meeting the parking requirements in the UDC and Design Manual. c. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of surrounding properties. The Commission does not believe the alternative means will be detrimental to the public welfare or impair the intended and future uses and character of surrounding properties.