Loading...
HomeMy WebLinkAboutPine 43 Pad G Multi-tenant Building ALT, CZC, DES A-2021-0221 V1E IDL At �- Planning Division �� Community Development Department H 33 E. Broadway Avenue, Suite 102 APPROVED Meridian, Idaho 83642 DATL 02/07/22 FILE NUMBEB: A-2021- zzi CERTIFICATE OF ZONING COMPLIANCE REPORT Project Number A-2021-0221 Project Name Pine 43 Pad G Multi -Tenant Building Project Address 1492 N. Webb Way Project Description Approval to construct a new 9,800 SF multi - tenant shell and core on 5.307 acres of land in the C-G zoning district. Applicant Mandie Brozo, CSHQA Assigned Planner Stacy Hersh Expiration Date February 7, 2023 Note: This is not a building permit. Please contact Building Services at (208) 887-2211 to verify if you need a building permit and/or inspection. If you do need a building permit, you must complete that process before you commence the use or construction. Please contact Building Services for additional details about building permits and inspections. I. DECISION The applicant's request for Certificate of Zoning Compliance, Design Review, and Alternative Compliance are approved with the conditions listed below. The director determined that the proposed structural and/or site designs conform to the standards and meet or exceed the intent of the "City of Meridian Architectural Standards Manual". NOTE: The remainder of the required 20-foot wide street buffer along N. Webb Way and the required 25-foot wide street buffer along E. Fairview with the 5-foot wide sidewalk were approved to be installed with development application A-2020-0057 prior to certificate of occupancy. A 15-foot wide landscape buffer and 20-foot wide driveway is depicted on the site plan along the southern boundary of the site between the drive -through and future residential uses. Staff recommended approval for a reduction to the required 25-foot wide landscape buffer (reduced to 15-feet); Planning and Zoning Commission did not require the 25-foot wide landscape buffer per Conditional Use Permit (H-2021-0097). ALTERNATIVE COMPLIANCE The Applicant has requested Alternative Compliance approval, per the standards in UDC-11-313- 9 (Landscape buffers to adjoining uses), requesting a reduction to the required 25' landscape buffer that runs along the southern portion of the site between the proposed commercial building and multi -family residential development to the south decreased to 15.3', due to the accessibility and radius requirements of the drive -through aisle. The Unified Development Code 11-313-9C requires the buffer areas to be comprised of a mix of evergreen and deciduous trees, shrubs, lawn, or other vegetative groundcover and should result in a barrier that allows trees to touch within 5 years of planning, per this standard five (5) trees are required. The Applicant has proposed planting ten (10) trees (deciduous and evergreen), shrubs/perennials, ornamental grasses, and mulch that exceed the required 70% coverage at full maturity. Additionally, at the request of City 1 I Page (E IDS IAN,4- APPROVED [quired aff, a 6' tall vinyl fence is proposed along the southern boundary of the site per Unified oaTL 02/07/22 evelopment Code 11-3B-9.C.1. Staff finds the Applicant's Alternative Compliance provides an FILE NUMBEB:A-2021- zzi ual means of meeting the intent and purpose of the requirement as analyzed below in the findings for Alternative Compliance: Strict adherence or application of the requirements are not feasible; or Strict adherence to the landscape buffer requirement is feasible but would require either a smaller building size in regards to gross floor area or eliminating the drive -through. These two changes are feasible but not preferred by the Applicant. The alternative compliance provides an equal or superior means for meeting the requirements; and The Applicant is proposing double the number of required trees and smaller plant material along with the addition of the 6' vinyl fence which provides a dense buffer. The driveway along the south will also assist in providing a spatial buffer. Therefore, Staff finds the alternative compliance provides an equal means of meeting the intent of this requirement. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of surrounding properties. The alternative means provided by the Applicant is not detrimental to the public welfare of the subject property or to those surrounding properties. In addition, Staff finds the alternative means will enhance the character of tis project rather than impair it. Site Specific Conditions of Approval 1. The applicant shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-6B. 2. All ground -level mechanical equipment must be screened to the height of the unit as viewed from the property line; all rooftop mechanical equipment must be screened as viewed from the farthest edge of the adjoining right-of-way. 3. Business hours of operation within the C-G zoning district shall be limited from 6 am to 11 pm when the property abuts a residential use or district as set forth in UDC 11-2B- 3A4. 4. Prior to issuance of Certificate of Occupancy, the applicant shall close the existing access to the arterial and/or collector roadway as set forth in UDC 11-3A-3A. 5. Prior to issuance of Certificate of Occupancy, the applicant shall remove or relocate any existing structures that do not conform to setbacks and/or use in the zone. 6. Per UDC 11-5B-5B2, the Director (at the applicant's request) approved alternative compliance regarding the landscape buffer to an adjoining residential district (UDC-11-3B- 9). See "Alternative Compliance" section above for staff analysis. 7. No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 8. The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with UDC 11-5C-3C. 9. Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-313-14A. 10. The approved site plan, landscape plan and/or elevations may not be altered without prior written approval of the City of Meridian Planning Division. 11. The applicant shall pay any applicable impact fees prior to the issuance of a building permit. 2 1 P a g e (E IDS IAN,4- APPROVED DATE: 02/07/22 FILE NUMBEB: A-2021- zzi If any changes must be made to the site plan to accommodate ACHD requirements, the applicant shall submit a new site plan to the City of Meridian Planning Division for approval prior to issuance of the building permit. The applicant shall complete all required improvements prior to issuance of a Certificate of Occupancy. It is unlawful to use or occupy any building or structure until the Building Official has issued a Certificate of Occupancy. 14. If the subject property is part of a final plat that has not yet recorded, the applicant shall be responsible for all plat improvements prior to release of Certificate of Occupancy for the first structure within such plat. 15. Prior to Certificate of Occupancy, the applicant shall record a cross-access/ingress- egress easement to adjoining property to the south (Parcel #R1914280100) and submit copy of said easement to the Planning Division in accord with the provisions of UDC 11- 3A-3A2. General Conditions of Approval 1. The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-313-5, UDC 11-313-13 and UDC 11-313-14. 2. The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site (H-2017-0058, DA Instrument #2018-000751; CUP H- 2021-0097). 3. The issuance of this CZC does not release the applicant from any previous requirements of the other permits issued for the site. 4. The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 5. The applicant shall have an ongoing obligation to maintain all pathways. 6. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 7. The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11-3A-3. 8. The applicant and/or assigns shall have the continuing obligation to meet the specific use standards for a restaurant and drive -through establishment as set forth in UDC 11- 4-3-49 and UDC 11-4-3-11. II. CITY COUNCIL REVIEW The applicant or a party of record may request City Council review of a decision of the Director. All requests for review shall be filed in writing with the Planning Division on or before February 22, 2022, within fifteen (15) days after the written decision is issued, and contain the information listed in UDC 11-5A-6B. If City Council review of the decision is not requested, the action of the Director represents a final decision on a land use application. You have the right to request a regulatory taking analysis under Idaho Code 67-8003. 3 1 P a g e