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DL Evans Bank. - ,~ MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Keith Bird Tammy deWeerd Cherie McCandless William L.M. Nary HUB OF TREASURE VALLEY A Good Place to Live CITY OF l~IERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • FAX. (208) 887-4813 City Clerk Office Fax (208) 888-4218 LEGAL DEPARTMENT (208) 466-9272 • Fax 466-4405 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT. (208) 884-5533 • FAX 888-6854 CERTIFICATE OF ZONING COMPLIANCE* Date: December 11.2003 Project Name: D. L. Evans Bank Project Address: 2560E Fairview Avenue~Lot 1 Block 1 Mallane Subdivision) Proposed Use: 4 927 s f Full Service Bank with Drive Thru (permanent building) Owner: D.L. Evans Bank Applicant: D L Evans Bank SContact~ Andrew Davis BRS Architects 336-83701 Zoning: C-G Comments: Conditions.of Approval: Project is.subject to aII current City ordinances and conditions of approval for D. L. Evans Bank. 'ihe issuance of this permit does not release the applicant from any requirements of the approved Conditional Use Permit (File No. CUP-03-023) Issued for this development on 8/12/03. Temporary Structure:- Per CUP-03-023, the existing temporary structure on the lot shall be removed no later than February 12, 2005. Si~nage: No signs are approved with this CZC. All signs will require a separate sign permit in compliance with the sign ordinance. Landscaping: The Landscape Plan (Sheet L-2, dated 11/11/03, Phase Two) is approved per red-line note on the plan stamped 12/11/03. The approved landscape plan is not to be altered without prior written approval of the Planning & Zoning Department. No field changes to site plan permitted; prior written approval of all material changes is required. Irn;~ation: An underground, pressurized irrigation system must be installed to all landscape areas per the specifications provided. Curbin :Per Ordinance 12-13-7-9, all landscape areas adjacent to driveways, parking lots, or other vehicle use areas, must be protected by curbing, wheel stops, or other approved protective devices. Curbing may be cut to allow for storm water runoff. Protection of Existing}Trees: AnY e~Listing trees on site must be protected in accordance with the Tree Preservation section of the City's Landscape Ordinance. Per Ordinance 12-13-13-4, coordinate with the Parks Department Arborist (Elroy Hui 888-3579) for approval of protection measures prior to construction. Any severely damaged tree must be replaced in compliance with Ordinance 12-13-13-6. •~ ~ _-_ Parking Off-street parking is approved as shown on the approved Site Plan (Sbeet SD-1.0, dated 11/I 1/03). Standard parking stalls on this site are allowed to be 9' x 17' where sidewalks are at least seven (7) feet wide. Two-way drive aisles must be at least 2S feet wide (MCC 11-13- S) and one-way drive aisles must be at least 10 feet wide (per CUP-03-023). Project engineer/architect shall certify that the number and size of handicap-accessible spaces conforms to the Americans with Disabilities Act (ADA). Handicap accessible stalls must have signage in accordance per ADA. Sidewalks: All sidewalks shall be constructed as shown on the approved Site Plan and in accordance with the Meridian City Code requirements (MCC 12-5-2. ~) . S idewalks shall, be constructed prior to occupancy of the permanent building. Drainage: The storm water drainage Swale in the E. Fairview Ave. buffer shall be designed ~in compliance with Section 12-13-.14-2 ~of Meridian City -Code. If cobble is -used and located within 25 feet of the right-of--way line, it must be designed as a dry creek bed or other design feature. Li htin :Lighting shall not cause glare or impact the traveling public or neighboring development. Trash Enclosure.; All dumpsters must be screened from view and not be visible by the public or from adjacent properties. Trash enclosure must be built in the location and size as approved by SSC on 11/11/03. See Meridian City Code 11-12-1. C. for enclosure requirements. ACHD Acceptance: Applicant shall be responsible for meeting the requirements of ACHD as they ,pertain to this development. All impact fees, if any, shall be paid prior to the issuance of a building permit. If any changes must be made to the site plan to accommodate the ACHD requirements, a new site plan shall be.submitted to the City of Meridian Planning and,ZQning staff for approval prior to the issuance of a building permit. Certificate of Occupancy; All required improvements must be complete prior tp obtaining a Certificate of Occupancy. 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 remaining improvements. A bid must accompany any request for Temporary Occupancy. No occupancy will be granted until the final plat for the property is recorded. Plan Modifications: The approved Site Plan, stamped 12/11/03, is not to be altered without prior written approval of the Planning & Zoning Department. No significant field changes to the site or landscape plans are permitted; prior written approval of all changes is required. Brad Hawkins-Clark Principal City Planner *This letter does not indicate compliance with requirements of other departments/agencies, including, but not limited to, Ada County Highway District, Central District Health Department, affected irrigation district(s), Meridian Sewer, Water, Building or Fire Departments, Sanitary Services Co., etc. This letter shall expire one (1) year from the date of issuance if work has not begun. Dec-03-2003 10:22am From-D.L. ~S BANK Burley 20A 678 ~ T-798 P.007/007 F-141 LZ'1'Y OF MERIDIAN Planning & 2oniAg Depar~nent , 660 E. WatettowerLn.,-Ste. 202, Meridian, ID 83642 (205)884-5533 Phone / (ZOS)888-6854 Fax (!F,RTt'>ril(_ATF OIr'Z,QNTN(: C`niyfPT,7ANf'F, [['7.i;) APPLLCATIOlY (Section 11-19-],Zoning and Development Ordinance) ~~'' PROJECT NAME: D. L. Evans Bank APPLICANT: D . L . Evans Hank ADDRESS: F• a• Box 19.88, Bue9.~ey ID~ 83316 PHONE: 208-678-9076 TAX: OWNER(S) OF RECORD: ZOB--678-9093 D. L. Evans Bank E-MAIL: ADDRESS: P. 0. Box 1188~Bur1eY. ID 63518 PHONE:208-Ei.78-9.076 FAX: 206-678-90,3 E-MAIL- ARCHITECT (IF DIFFERENT THANAPPLICAN'f): BItS Architects ADDRESS: 1010 S. Allaate Pl., Suite 100, Boise, ID 63709 PHONE: 208-3368370 Fes; 208-396-8380 E.~II, andrew@brsarchiteots.com- ADDRESS, G1~1'13RALLOCATION' OF SITE: 2$60 E Faf.rview Ave. TOWNSHIP, RANGE, AND SECTION: SW 1f A of the SE I~/ 4 of Section 5 , T3 N, R1E DESCRIPTION OI'USE: Full service bank wa,th ~ drive-through . PRESENT ZONE CLASSIFICATION: C-G I, ~~'~,_ ~~~ I~~~ , do hereby affirm that I w~l a~ee to p~ any additional sewer, watea or trash fees or charges, if asy, associated with the use that Uwc have applied for, wbathcr the use be resideatiel, comrAelrCial or industrial in nature. Furthermore, ! have read the inforra~rnz contained herein and certify that the information ie uue and correct, (Applicant's Signature) (Date) J. Rev. l 11173/Cl3 LJ Calculations Table Site size: 51,754 s.f. +/- (1.22 acres) Building Size: 4927 s.f. +/- Parking stall requirements: 1 stall per 200 s.f. 4927 s.f. / 200 = 25 stalls Parking stalls provided: Standard: 23 - Accessible:2 Total: 25 ~~ Landscaping required: 4% of paving internal to the parking lot 24,398 s.f. x .04 = 975 s.f. Landscaping provided: 1,089 s.f. internal to the parking lot Setbacks required: North: 0' Building and parking East: 0' Building and parking South: 35' Building and parking West: 0' Building and parking Setbacks provided: North: Building 15'-6" /Parking 12'-6" East: Building 36'-0" /Parking 9'-0" South: Building 97'-2" /Parking 35'-0" West: Building 123'-7" /Parking 46'-4" DL Evans Bank- Fairview 03050 ~--'' ARCH~ITE£:T~ 1010 S. Allante Place, Suite 100 Boise, ID 83709 (208)336-8370 FAX 336-8380 To: City of Meridian WE ARE SENDING YOU Attached-Via: Shop drawings Prints Copy of letter Change order LETTER OF TRANSMITTAL Date: December 3, 2003 Job No. 03050 Attention: Planning and Zoning Re: DL Evans Bank- Fairview Pickup Delivery Mail Fed. Exp. The following: Plans Samples Specifications Application Co ies Date No. Descri tion 1 Application for Certificate of Zoning compliance with su ortin documents 1 Check #21026 in the amount of $60.00 These are transmitted as highlighted below: For approval For your use As requested For review and comment COPY TO: SIGNED: Andrew Davis Original File RECEIVED BY: DATE Documen@ ~~ ~ ~ ~. ~ ~ ~- ~~~ ARCHITECTS BRS Architects, A.LA. 1010 S. Allante Place, Suite 100 Boise, Idaho 83709 Telephone 208 336-8370 Fax 208 336-8380 www.brsarchitects.com NOVember 1 1 , 2003 City of Meridian Planning & Zoning 660 E. Watertower, Suite 202 Meridian, ID 83842 Att~l: Anna Powell Dear Ms. Powell: Re: D. L. Evans Bank -Fairview Ave. BRS Project No. 03050 The applicant, D. L. Evans Bank, respectfully requests issuance of a Certificate of Zoning Compliance to construct afull-service bank branch with drive-through. The proposed bank and surrounding .site are described on the attached plans and are consistent with the Zoning Ordinance, Comprehensive Plan and existing Conditional Use Permit. I trust that you will concur and an approval of the CZC application will result. Should you have any questions or concerns, please do not hesitate to call. Sincerely, BRS ARCHITECTS Andrew Davis ' AD:cw Encl: ~1~5 2 5 b Ot t 0 ~ ~ 0 0 ' 0 9 ~ ~ 1Nnowv £ O-ZT-Tt 31VaN03H0 L4Z4-554-Z6 lOLEB OHddl '3S109 NOI1VI0038V IVNOLLdN ~NV9A3~ 9ZOZZ ~~ ~~ Q~ ~~Y L~ \V\ 6 _ ^, ~ C . O W > •~M ~ v (`~~~~ ~ V .~ :~5 5 5 t Ot~ t :~ .119 2 Ot 2 0.11 uEZpzzay~ ~o ~~t~ Ol ~~OOT/00 pug s.z~TTop ~~xtS~~~lbd 60LE9 dl `3SI09 OLE9-96£-80Z 'Nd 004'31S `'ld 31N`dllV 'S 0404 S1~311H~lid SIi9 U +^~ ~ ~`~~ a a ~ ~ F" X Q •~ z~ ' H O a~ ~ - 1 ~ J o a ° ~ Z ~~ ~ LL O ~ :~ ~1 ~ ' (~(1~ \C \~ w . U Z a Q O ~ f QQ__ti11Y\\/ ~ w U Z H U ~ n[~1 , ~ YC W V w ~ p > ~ U\\ \~ 2 U z ~ O Q m ,~j r _ ~ U z ~ ~ '~ ~ z ~~ ~ v ~ ~ w ~ a ~ ~ a a Q a ~o Q ©~ V )C b\ m Dec-03-2003 10:20am From-D.L. ~S BANK Burley 206 676 9 T-796 P.003/007 F-141 1 av ~ ~ ~ r7v ~~ -~ --~-- yun cuuNrY RECORDER J. D "~ BOISE 10AH010/D9/03 11;~ AM AVARRO 4 ~- DEPIRY Michelle turner RFCOADI:D-REOUI:sT DF III Iillllllllllllllllllllllllll Tllle One III III AMOUNT 12.00 1 X3172092 WARRANTY DEED FOR GOOD AND VALUABLE CONSIDERATION, M &)L Limited Pa--tnerslbip, an Idaho limited partnership ("Grantor"), does hereby GRAN'T', BARGAIN, SELL and CONVEY unto D. L. Evans Bank, a state chartered banking orgaru2ation ("Grantee', whose address is 397 N_ Overland Ave., Bwley, Idaho 83318, all of Grantor's right, title and interest in and to the real property located in Ada County, Idaho, legally described on the attached Exhibit A, which exhibit is made a part hereof, together with all appurtenances thereto (the "Pro "). This conveyance hereby made is subject to the lien for real property taxes for the year 2003 and each year thereafter and also the following matters described on the attached Exhibit B, which exhibit is made a part hereto. TO HAVE AND TO HOLD said Property, unto the said Grantee and to the Grantee's successors and assigns forever. And the said Grantor, for itself, its heirs and assigns, does hereby covenant to and with the said Grantee, that the Grantor is the owner in fee simple of said Property; that the Property is &ee from a]] encumbrances, except as described on Exhibit B; that Grantee, its successors and assigns shall be entitled to the quiet and peaceable possession of said Property; and that Grantor will warrant and defend, including attorneys' fees, the same forever from all other lawful claims whatsoever. • IN WITNESS WHEREOF, Grantor has caused its name to be hereunto subscribed this ~F day of October, 2003. M & L Limited Partnership, an Idaho limited parnership By: ouis J. Mallane Its General Parer WARRAlv7X DEED-1 S_1CLIENTS~5579~41WarrantyDeed GPOI-DOC ` Dec-03-2003 10:21 am From-D.L. S BANK Burley 208 678 9~ T-798 P.004/007 F-141 • STATE OF IDAHO ) ss. County of Ada ) On this ~~ day of October, 2003, before me, a Notary Public in and for said State, personally appeared Louis J. Mallane, lmown or identified to me to be the general partner in the partnership of M & L Limited Partnership, an Idaho limited parh~ership, the general partner who subscribed said limited partnership name to the foregoing instrument, and aclmowledged to me that he executed the same in said limited partnership n ~aotnon~rc~,~ ti~ ~~~~~ ~~~~ g ~ - ~®T~1~Y m^ °L of Public for the State of Idaho s = Aso ~ ~ Residing at /.~ ~ ~ ~~ ~ ~~c Q" My Comnussion expires: ~~ ~1 1~+ 0 - 4. ..car,c' ~ ~, • • WARRANTY DEER- 2 S:\CLIEN7'S\5579~4\Warranry peed GPO1 _bOC Dec-03-2003 10:21 am • From-D.L. ~S BANK Burley 208 678 9~ T-798 P.005/007 F-141 EXHIBIT A to WARRANTY bEED Le~a1 Descrintiolo of Property Lot 1 in Block 1 of Mallane Subdivision, according to the official plat thereof, filed in Book 87 of Plats at Pages 9881, 9882 and 9883, Official Records of Ada County, Idaho. Together with anon-exclusive easement for ingress and egress for pedestrian -and vehicular travel as granted in Cross-Access Easement Agreement recorded May 23, 2002, as Instrument No. 102058607, Official Records of Ada County, Idaho_ • • Dec-03-2003 10:21 am From-D.L.~S BANK Burley 206 6T6 T-798 P.006/OOT F-141 EXTIYBIT B to WARRANTY bEED Permitted Exce tions 1. Assessments of the City of Meridian, Nampa-Meridian Irrigation District and Settlers Irrigation District (paid current). 2. Easement to Idaho Power Company recorded as Instrument No. 159502, Records of Ada County, Idaho. 3. Easements and restrictions set forth in Deed in favor of State of Idaho recorded as Instrument No. 380666, Records of Ada County, Idaho. 4. Easement to Idaho Power Company recorded as Instrument No. 94075154, Records of Ada County, Idaho. S. Easement to Ada County Highway District for sidewalks recorded as Instrurraent No. ] 00036264, Records of Ada County, Idaho. • 6. Cross-Access Easement A Bement between M & L Limited Partnershi an ~ p d Farmers & Merchants State Bank recorded as Instrument No. 102058607, Records of Ada County, Idaho. 7. Easements, reservations, restrictions and dedications shown on the official plat of Mallane Subdivision, recorded in the Records of Ada County, Idaho. 8. Declaration of Covenants, Conditions and Restrictions of Mallane Subdivision, recorded as Instrument No. 103165333, in the Records of Ada County, Idaho. 9. Construction Contract for Urban Irrigation System between M & L Limited Paronership and 1Vampa & Meridian Irrigation District recorded as Instrument No. 103143835, Records of Ada County, Idaho, • WARRANTY DEED- 4 S:\CL1ENTS15579k1\Warrenry Dced GPOI ,DOC Dec-03-2003 10:20am From-D.L. ~S BANK Burley 208 678 9~ T-798 P.002/007 F-141 AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA ) D.L. Evans Bank, PO Box 1188, Burley, Idaho 83318, being first duly sworn upon oath deposes and says: That they are the record owner of the property described on the attached, and grant their permission for Andrew Davis/13RS Architects to submit the accompanying application pertaining to that property. 2. They agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property, which is the subject of the application- Dated this ~01~ _ day of ~ c'~YI , 2003. ~~- renda Sanford, Chief Fin ial Officer SUBSCRIBED AND SWORN to before me the day and year first above written. H. SCOTT HORSLEY NOTARY PUBLIC STATE OF IDAHO My commission expires: . 11/11/2003 00:08 8885 2 NOV. 11. 2003 7;31AM RS ARCHITECTS i ~ ~ .~ZC~7ITECTS t 010 S. AI.I,ANi~ PI.AC'6, SUf[P 100 H015E, IDAHO 83709 7EI~PH01~?A6 336 8370 FAX3083368380 F~cCouerPage SANITARY SE~CES PAGE 01 N0. 0413 P. 1 ~'~®~ November 11, 2003 Frome Andr®w Davis '~o: Sanitary Service Company Anna Bill Gregory # Peg®s 4 Incl. cover Fax #: 89th-5052 R@: DL Evans dank-Fairview Job #e 03p5p ^ For Your Use X For laevi®w K Please Comment ^ As Requested • Comments; Attach®d are the plans for the trash enclosure for a proposed nevu bank branch in Meridian. Could you pless® review and approve the endosure design for submittal to the dty for a Certificate of Zoning Compliance, Thank you, and pease heel free tb call if you have any questions. SANITARY SERVICE COMPANY COMMENTS: w~~ 11/11/2003 00:08 8885 2 SANITARY SERVICES PAGE 02 J NOV. 11. 2003 7:31AM ~RS ARCHITECTS ~ N0, 0413 P, 2 ~~ 0 W . 0 a m D a -n D_ rn E A m -2- ~~ ~ __ 11/11/2003 00:08 8885 2 * NOV, i 1. 2003 7: 32AM ~RS ARCHITECTS S 0 r c5 m II~ b~ ~~~ O' ~ Q -1 S;' z ?1 N~f S ~ e~- ~z ~~ SANITARY SE~ CES PAGE 03 N0, 0413 P, 3 m~~ ~ ~~ 11/11/2003 00:08 8882 SANITARY SERVICES PAGE 04 NOV. 11.2003 1:32AM BRS ARCHITECTS ~ N0, 0413 P. 4 6'-0" ~ t.o. cmu _ ~Qu (2) }~5, 0 a O O~ vi U O d ~N v ~~ ~~ n ~~ w 0 mV ..~ ~~ ~~ 10" Ife' 3.5 (1) #5, CONTINUOUS 4.1 (1) #5, CONTINUOUS #5 ®48" O.C. 3.11 13.3 3.4 SIM. I ~ ,r'I , • ~. .. e . .;•, 'e ~~~~ll 1LI=~ll ~~ 8,. 8" 8" s ~~~ 169 O.G. lwXT~Np 30° INTO CMU 62~ ALL TO MATCF~ VERT. 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Cr F~ q ~QV. 11.2003 8:5iAM ~ ARCHITECTS ~ N0. 0418 ?. 2 IRRIGATION PERFORMANCE SPEG~T~"I~A-'FI~1NS r~QFtnihArrer 12-13-81 NO7F' submit 3 copies of this completed form with any application jot Certi~eate of Zoning Compliance (CZC). Project Name: ~ L EV't9n.(S ~~~ K C ~~l ~~/tC4J Specifications: Available Gallons per Minute: ~ ~ Available Water Pressure: ~U Point of Connection (descrilsn andf~ r ts~rbmit a site plan: ~ c~•INGG 'toi•( o i'(~Gj~$~'~L2CO ~ RR 6~IRT1 ow.l Ll a.l is /4T l~1 W. C oR^rG c >= L 9 Landscape Area: If the irrigation system is hooked to City water as a. primary or secondary water source, submit the square~ootaga of ia~dsssp~ areas-ta be ircigated° sf~. R~~ki~lnw prevention A~iac~c~o-w preve~ii~.c~xice in~tst=~-asr~e-bY - 9-3 Theme it gation system must be designed to provide 100"/o coverage with head to head spacing or triangular spacing as-apgropria~ ~~~*,.},P~i Precinitfltion Rate Sprinkler heads must -rates-bait-1'rirt-eaelr-eorztrol:valve circuit. ~atiQn.Z.ons:s Sprinkler heads irrigating lawn or other high-Water-demand areas must be circuited so that they are on a separasn zoao or-Z~sfrozzl-tkose inigatirtg tr~s~ S~si or other ,educed water-demand areas. Sp~heads mast be adjusted to reduce oveYSpray onto impervious surfaces such as sidewalks, driveways, arr>}parhirrg-arear. i 4 Kt;v. !1/03/03 NQV, 11. 2003 8:57AM ~ ARCHI?ECTS NQ. 0416 P. 3 Additional irrigation Notes: ImsanenR_eq ~iLr_c~ci All landscape areas regulated by the City Landscape Ordinance (12-13} shall be served with an automatic underground irrigation system. Additional requirements affecting pressurized irrigation systems can be found in City Ordinance 9-1-28. ~Ation W ter ~~urc~ Use of non-potable irrigation water is required when determined to be available by the Cty Public Works Department as regulatedby~CityOrdtnance-9=}-28: if ci~p-potable water is used,-s~ separate water rrteter is recommended so the owner can .avoid paying sewer fees for irrigation - water. Potable water shall not be used as a primary iizig.ation--water. SOULCe on non-residerttaal lots with more than '/z acre of landscaping. Year round water availability is also required by connecting to city potabr~ water orarr orr--site well as a seeonclary source. Certific9~$l10 . 1, ~.O, /~~~K.~f , do hereby affirm thataay irrigation system installed for the project mentioned above will be designed and installed in compliance with the specifications and notes stated in this form: // • // ~ 3 Applicant's Signature ~~ ~;*a~'~ Ada County Highway District ~~~C~~y R. ~~~e~, rreswent Susan S. Eastlake, 1st Vice President 318 East 37th Street Garden City ID 83714-6499 Dave Bivens, 2nd Vice President Phone (208) 387-6100 David E. Wynkoop, Commissioner FAX (208) 387-6391 John S. Franden, Commissioner E-mail: tellus@ACFID.ada.id.us December 31, 2003 TO: DL Evans Bank P.O. Box 1188 Burley, Idaho 83318 SUBJECT: MCZC03-073 Full Service Bank 2560 East Fairview Avenue R~G~~T~D City of Meridian City Clerk Office On May, 20, 2003, the Ada County Highway District Commissioners acted on MCUP03-023 for a Full Service Bank. The conditions and requirements also apply to MCZC03-073. If you have any questions or concerns please feel free to contact this office at (208) 387-61.70. Sincerely, th. `~ I~e.~'~r'Yi Jo ce Newton Development Analyst Right-of-Way & Development Services CC: Project File Drainage/Utilities/Construction Services Lead Agency: City of Meridian BRS Architects Billy Ray Strite 1010 S. Allante Place, Suite 100 Boise, Idaho 83709 C-3 RT RT .~ RT R1 RT RT .~I I~ I I II I IjjII . ____~._kiowneh-SoVr~teml_____,__"._-,'.,,__._,.~____.-..-_-,. ~._. ~. .. _ _ .Sto r _ ...,~_.. :..:~ I9 ~ .. .... ... ... . I ;~ I ~ RT ~' I li I I I -4 ~ I~~. I ~ ~~ ~ ~ I ; I ~ ~; RT , 11 I 13 I~ @ 13 BE I _ ~r I i~ I ~~~ ~ I I. I ., e ~ _ ~ ~~ I If ~ a ~ ~ 1~ 11 _ C. "~~'~ ~f 1~ y". _!: q~ .~ I iP I I I RT ~ ~~ . ,a tl ;~ ~ tl ,,~`I ._ _ 1 ~q T~_____ ART ..; RT G C C C W O O O~ O O tC O O O 0 0 0 c~ c~ O ~ r , ~° a~~ ,~}.. ~ ~ y D ~'~' ~„ ~- ~ - 's'- v ~ F 1 ~ • ~ ~~~-- - O ~:r~il~~ Ada County Highway District Right-of--Way cP~ Development Department Planning Review Division This application does not require Commission action and is approved at the staff level as of Tuesday, May 20, 2003. Tech Review for this item was held with the applicant on Friday, May 16, 2003. Please refer to the Attachment for request for reconsideration guidelines. Staff contact: Joyce Newton, 208-387-6171 phone, 208-387-639 fax, jnewton@achd.ada.id.us File Numbers: MCUP03-023/Full Service Bank (D.L. Evans) Site .address:, 2560 East Fairview Avenue (Part of Lot 1 of the proposed Mallane Commercial Complex) Owner: M & L Limited Partnership 2500 Fairview Avenue Meridian, Idaho 83642 Applicant: D. L. Evans Bank P.O. Box 1188 Burley, Idaho 83318 Representative: BRS Architects Billy Ray Strite 1010 S. Allante Place, Suite 100 Boise, Idaho 38709 Application Information: The Ada County Highway District (ACRD) staff has received the above referenced application requesting conditional use approval to construct a full service bank. It is the applicant's intent to operate a temporary facility until the permanent structure is completed. The site is located on the north side of Fairview Avenue just west of Hickory Way. Acreage: Current Zoning: Existing Use: Proposed Use: Proposed Square Feet: Vicinity Map 1.18 C-G (General Retail and Service Commercial District) Vacant Bank 4,320-square feet, permanent structure 1680-square feet, temporary structure MCUPO3-02316ank 2560 East Fairview Avenue A. Findings of Fact 1. Trip Generation: This development is estimated to generate 284 additional vehicle trips per day (0 existing) based on the Institute of Transportation Engineers Trip Generation Manual. 2. Impact Fees: There will be an impact fee that is assessed and due prior to issuance of a building permit. ;The assessed impact fee will be based on the impact fee ordinance that is in effect at that time.' 3. Traffic Impact Study: This proposed development is estimated to generate less than 1,000-trips per day therefore a traffic impact study was not required with this application. 4. Site Information: The site is currently undeveloped. 5. Description of Adjacent Surrounding Area: a. North: Dove Meadows Subdivision b. South: Treasure Valley Business Park c. East: Vacant Parcel/Church d. West: Louie's Restaurant/Norco Subdivision 6. Impacted Roadways Fairview Avenue: Frontage: Functional Street Classification Traffic count: Level of Service: Speed limit: Hickory Way: Frontage: Functional Street Classification Traffic count: Level of Service: Speed limit: Intersection: Approximately 244-feet Principal Arterial West of Eagle Road was 32,092 on 2/20/02 ,~C„ 35 MPH No frontage Collector North of Fairview Avenue was 2,586 on 10/21/00 Better than "C" 30 MPH 7. Roadway Improvements Adjacent To and Near the Site Fairview Avenue is a principal arterial roadway with 4-travel lanes, a center turn lane, with no curb, gutter or sidewalk abutting the site. However there is curb, gutter and some sidewalk located within the general area of the proposed development site. Hickory Way is a collector roadway with 2-travel lanes, curb and gutter with a detached sidewalk abutting about half of the frontage on Hickory Way (approximately 100-feet). 2 8. Existing Right-of-Way Fairview Avenue has 110-feet of existing right-of-way (50-feet from centerline on the north side) abutting the site. Hickory Way has 70-feet of existing right-of-way (35-feet from centerline) abutting the site. 9. Existing Access to the Site There are two shared access points for this site: - Driveway # 1 is a shared curb return driveway located on Fairview Avenue approximately 500-feet west of Hickory Way. - Driveway # 2 is a shared curb return driveway located on Hickory Way approximately 320-feet north of the edge of pavement of Fairview Avenue and in alignment with an existing driveway across the street. 10. Site History District staff has not reviewed this site as an application or prepared a report in the past year. On August 5, 1996 staff reviewed a conditional use application (MCU-21-96) for two restaurants for this location. In 1996 the ACHD Commission reviewed and approved Angel Park Subdivision On August 29, 2000, the ACRD Commission reviewed and approved the preliminary plat for Mallane Commercial Complex a 5-lot commercial subdivision on 6.95-acres with the following site-specific requirements. (District staff has not reviewed the plans for the subdivision at the time to this report.) Site Specific Requirement # 1: Dedicate 60-feet ofright-of-way from the centerline of Fairview Avenue abutting the parcel by means of recordation of a lrnal subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits). Site Specific Requirement # 3: The existing driveway on Fairview Avenue, located approximately 500- feet west of Hickory Way is approved with this application. Site Specific Requirement # 4: Construct driveways on Hickory Way to align wifh existing driveways on the east side of Hickory Way. Pave the driveways their full width of 24 to 30-feet and at least 30- feetinto the site beyond the edge of pavement of Hickory Way with 15-foot curb radii. Site Specific Requirement # 5: Provide a $3,200 deposit to the Public Rights-of--Way Trust Fund for a share of the signal at Hickory Way and Fairview Avenue, prior to the issuance of any building permits on this site. Site Specific Requirement # 6: Provide a recorded cross access easement for all of the lots within the subdivision, and to the out-parcel to the east to use this parcel for access to the public streets prior to issuance of a building permit (or other required permits). This access agreement was recorded on the plat forAngel Park Subdivision, and should be noted on the current plat. 3 Site Specific Requirement # 7: Construct a 5-foot wide concrete sidewalk on Hickory Way abutting the entire site. Coordinate the location and elevation of the sidewalk with District staff. After the sidewalk has been constructed, the applicant may request reimbursement from the District, for an amount not to exceed the original Letter of Credit. The applicant had two weeks from the date of Commission action (November 29, 2000) to request reconsideration of this requirement. Site Specific Requirement # 8: Construct a 5-foot wide concrete sidewalk on Fairview Avenue abutfing the entire site. Locate the sidewalk 2-feet within the right-of--way. Coordinate the location and elevation of the sidewalk with District staff. Site Specific Requirement # 9: Other than the access point specifically approved with this application, direct lot or parcel access to Fairview Avenue is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Site Specific Reauirement # 10: Other than the access points specifically approved with this application, direct lof or parcel access to Hickory Way is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat 11. Capital Improvements Plan/Five Year Work Program Fairview Avenue and Hickory Way intersection is programmed into the District's current Capital Improvements Plan and the Five Year Work Program for signalization and intersection improvements in 2007. Fairview Avenue and Hickory Way is not programmed into the District's current Capital Improvements Plan and/or Five Year Work Program for reconstruction or any roadway improvements other than the intersection. B. Findings for Consideration Right-of-Way District policy requires 120-feet of right-of-way on arterial roadways (Figure 72-F1 B). This right-of- way allows for the construction of a 7-lane roadway with curb, gutter, 5-foot concrete detached sidewalks and bike lanes. District staff's arc view program is indicating 910-feet of existing right-of--way (50-feet from centerline on the north side) of Fairview Avenue. The applicants preliminary plans submitted with the application indicated 50 to 54-feet of existing right-of--way from centerline. The applicant should verify fhe right- of-way. District policy requires 70-feet of right-of-way on collector roadways (Figure 72-F1 B). This right-of- way width allows for the construction of a 3-lane roadway with curb, gutter, 5-foot wide detached sidewalks and bike lanes. 4 Fairview Avenue is not listed as a proposed project in the District's currently adopted Five-Year Work Program or in the currently adopted 20-year Capital Improvements Plan for roadway improvements. As such, the applicant cannot receive reimbursement for dedicated right-of-way from available collected impact fees. The applicant should do one of the following: a. Dedicate by donation an additional 10-feet of right-of-way along Fairview Avenue, and construct a minimum 5-foot wide concrete sidewalk along Fairview Avenue, located a minimum of 55-feet from the centerline of the right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Fairview Avenue, located a minimum of 55-feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Fairview Avenue, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Sidewalk District policy requires 5-foot wide (minimum) concrete sidewalk on all collector roadways and arterial roadways (7204.6.5). The preliminary plan submitted with the application is proposing sidewalk abutting the temporary facility only. In accordance with District policy the applicant should be required to construct sidewalk abutting the entire development site. District policy 7203.6 requires the applicant of a proposed development to make improvements to existing damaged sidewalk; curb and gutter construction or replacement; replacement of unused driveways with standard curb, gutter and sidewalk; installation of pedestrian ramps; pavement repairs; signs; traffic control devises; and other similar items in order to correct deficiencies or replace deteriorated facilities. 3. Driveways Arterial/Collectors/Signalized District policy 72-F4 (1) requires driveways located on arterial roadways near a signalized intersection to be located a minimum of 440-feet feet from the signalized intersection for afull-access driveway and a minimum of 220-feet from the signalized intersection for aright-in/right-out only driveway. The applicant is proposing to utilize the existing shared access points on Fairview Avenue and Hickory Way. The applicant is proposing to construct aright-in only access on Fairview Avenue located approximately 220-feet west of Hickory Way (measured near edge to near edge). The proposed right- in driveway will offset approximately 230-feet east of the existing shared driveway of Fairview Avenue. This right-in driveway meets District policy for offset from a proposed signalized intersection and offset from the existing driveway and should be approved with this application. District policy 7207.9.3 restricts commercial driveways with daily traffic volumes over 1,000 vehicles to a maximum width of 35-feet. Most commercial driveways will be constructed as curb-cut type 5 facilities if located on local streets. Curb return type driveways with 15-foot radii will be required for driveways accessing collector and arterial roadways. Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with District policy, 7207.9.1, the applicant should be required to pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15-foot radii abutting the existing roadway edge. 4. Successive Driveways District policy 72-F5, requires driveways located on collector or arterial roadways with a speed limit of 35 to align or offset a minimum of 150-feet from any existing or proposed driveway. 5. Public Rights-of-way Trust Fund District policy 7203.8, if the District determines that it is necessary or desirable to defer making some or all of the improvements, the Developer shall contribute the estimated value of the improvements to the Public Rights-of-way Trust Fund. C. Site Specific Conditions of Approval: Should ACHD not approve Mallane Commercial Complex prior to the issuance of a building permit for MCUP03-023 the applicant of MCUP03-023 shall be required to comply with the following Site Specific Conditions of Approval lisfed below. Fairview Avenue is not listed as a proposed project in the District's currently adopted Five-Year Work Program or in the currently adopted 20-year Capital Improvements Plan for roadway improvements. As such, the applicant cannot receive reimbursement for dedicated right-of-way from available collected impact fees. The applicant shall do one of the following: a. Dedicate by donation an additional 10-feet of right-of-way along Fairview Avenue, and construct a minimum 5-foot wide concrete sidewalk along Fairview Avenue, located a minimum of 55-feet from the centerline of the right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Fairview Avenue, located a minimum of 55-feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Fairview Avenue, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Utilize the existing shared curb return driveway located on Fairview Avenue approximately 500-feet west of Hickory Way as proposed. 3. Utilize the existing shared curb return driveway located on Hickory Way approximately 320-feet north of the edge of pavement of Fairview Avenue and in alignment with an existing driveway across the street as proposed. 6 4. Construct the right-in restricted driveway on Fairview Avenue located approximately 220-feet west of Hickory Way (measured near edge to near edge) as proposed. Sign the driveway accordingly. Curb return type driveways with 15-foot radii will be required for driveways accessing collector and arterial roadways. However with the right-in restricted driveway the applicant shall coordinate the construction and curb radii with District staff. 5. Provide a $3,200 deposit to the Public Rights-of-Way Trust Fund for a share of the signal at Hickory Way and Fairview Avenue, prior to the issuance of any building permits on this site. (Should ACHD not approve Mallane Commercial Complex) 6. Comply with all Standard Conditions of Approval. D. Standard Conditions of Approval Any existing irrigation 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 of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative 7 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. 11. 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 time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless 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. E. Conclusions of Law The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval are satisfied. 2. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Attachments 1. Vicinity Map 2. Site Plan 3. Appeal Guidelines 8 Request for Reconsideration Request for Appeal of Staff Decision Appeal of Staff Decision: The Commission shall hear and decide appeals by an applicant of the final decision made by the ROWDS Manager when it is alleged that the ROWDS Manager did not properly apply this section 7101.6, did not consider all of the relevant facts presented, made an error of fact or law, abused discretion or acted arbitrarily and capriciously in the interpretation or enforcement of the ACHD Policy Manual. a. Filing Fee: The Commission may, from time to time, set reasonable fees to be charged the applicant for the processing of appeals, to cover administrative costs. b. Initiation: An appeal is initiated by the filing of a written notice of appeal with the Secretary of Highway Systems, which must be filed within ten (10) working days from the date of the decision that is the subject of the appeal. The notice of appeal shall refer to the decision being appealed, identify the appellant by name, address and telephone number and state the grounds for the appeal. The grounds shall include a written summary of the provisions of the policy relevant to the appeal and/or the facts and law relied upon and shall include a written argument in support of the appeal. The Commission shall not consider a notice of appeal that does not comply with the provisions of this subsection. c. Time to Reply: The ROWDS Manager shall have ten (10) working days from the date of the filing of the notice of appeal to reply to the notice of the appeal, and may during such time meet with the appellant to discuss the matter, and may also consider and/or modify the decision that is being appealed. A copy of the reply, and any modifications to the decision being appealed will be provided to the appellant prior to the Commission hearing on the appeal. d. Notice of Hearing: Unless otherwise agreed to by the appellant, the hearing of the appeal will be noticed and scheduled on the Commission agenda at a regular meeting to be held within thirty (30) days following the delivery to the appellant of the ROWDS Manager's reply to the notice of appeal. A copy of the decision being appealed, the notice of appeal and the reply shall be delivered to the Commission at least one (1) week prior to the hearing. e. Action by Commission: Following the hearing, the Commission shall either affirm or reverse, in whole or part, or otherwise modify, amend or supplement the decision being appealed, as such action is adequately supported by the law and evidence presented at the hearing. Appeal Guidelines 9