HomeMy WebLinkAboutDES CZC A-2022-0070 - CZC Staff Report V1E IDIAN �
IDAHO
APPROVED
DAB: 04/27/22
FILE NUMBERA-zozz 070
CERTIFICATE OF ZONING COMPLIANCE REPORT
Planning Division
Meridian City Hall, Suite 102
33 E. Broadway Avenue
Meridian, Idaho 83642
Project Number
A-2022-0070
Project Name and Address
Maddie's Restaurant
875 E. Fairview Ave
Project Description (include proposed use,
CZC and Design Review to convert existing car
square footage of building and property and
wash and gas station into restaurant on .86 aces
existing zoning designation)
in the C-G zoning district. Includes removing
gas canopy to allow for additional parking,
modifying exterior of 6,400 sq. ft. car wash
building by constructing new outdoor patios
connected to the existing north and east
building elevations, constructing a 1,156-free-
standing patio at the northwest portion of the
property, and adding "lawn games' to the north
and south sides of the property.
Applicant
Dennis Taggart
Assigned Planner
Alan Tiefenbach
Expiration Date
Aril 27, 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 and Design Review are approved
with the conditions listed below.
ALTERNATIVE COMPLIANCE REQUEST TO UDC 11-211-3:
The applicant is seeking Alternative Compliance approval from UDC 11-2B-3 which requires a
25 ft. wide landscape buffer along arterial roads to allow reduction of this buffer by 5 ft. at the
northeastern half of the site.
This CZC / DES is to allow the conversion of an existing car wash and gas station (constructed in
1998) to a restaurant. Most improvements are existing, except the applicant proposes several new
outdoor sitting areas, removing a gas pump canopy for additional parking, adding outdoor lawn
games and intends to shift an existing drive aisle 7.5 +/- feet to the north. This is to allow
additional parking spaces at the south and a bicycle parking pad at the north. Although the
existing landscape buffer along E. Fairview Ave meets the 25 ft. width requirement, UDC 11-313-
7 requires landscape buffers to be measured from the ultimate right-of-way line when future
widening of the street is anticipated. The ACHD right of way line is approximately 8 feet into the
existing buffer.
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(E IDIAN -
APPROVED
DATE 04/27/22
order to grant approval for alternative compliance, the Director shall determine the
fRENUMBER:^zozzomo flowing findings:
a. Strict adherence or application of the requirements is not feasible.
This project involves renovation of an existing 6,800 sq. ft. carwash building into a new
restaurant. A car wash has significantly different parking demands than a restaurant. Most
site improvements are existing except for shifting an existing drive aisle to the north to
provide additional parking spaces as well as bicycle parking spaces. As most of the paving is
already existing, the applicant is reusing an existing building for a different use, and the
applicant is gaining the majority of the additional parking by removing the existing gas
canopy, shifting the drive aisle is the best remaining option to provide the required number of
spaces. The landscape buffer will meet the 25 ft. wide requirement until such time as ACHD
widens E. Fairview Ave.
b. The alternative compliance provides an equal or superior means for meeting the
requirements; and;
Although this proposal includes a reduction in a portion of the landscape buffer by 5 feet, the
project includes more landscaping density within the buffer than required, a water feature,
and several outdoor lawn games. This provides an equal or superior means for ensuring
satisfactory streetscaping along E. Fairview Ave.
3. The alternative means will not be materially detrimental to the public welfare or impair
the intended uses and character of surrounding properties.
For the reasons listed above, the Director finds that the proposed alternative will not be
detrimental to the public welfare or impair the intended use%haracter of the surrounding
properties.
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. Per UDC 11-5B-5B2, the Director (at the applicant's request) approved alternative
compliance regarding UDC 11-2B-3 to allow a portion of the required 25 ft. landscape buffer
to be reduced to 20 ft.
3. 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.
4. The applicant shall complete all improvements related to public life, safety, and health as set
forth in UDC 11-5C-313. A surety agreement may be accepted for other improvements in
accord with UDC 11-5C-3C.
5. 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.
6. The approved site plan, landscape plan and/or elevations may not be altered without prior
written approval of the City of Meridian Planning Division.
7. The applicant shall pay any applicable impact fees prior to the issuance of a building permit.
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(E IDS IAN,e-
APPROVED
DAB: 04/27/22
FILE NUMBERA-zoz 070
Sla
11.
IN
13.
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.
All off street parking areas shall be provided with a substantial wheel restraint to prevent cars
from encroaching upon abutting private and public property or overhanging beyond the
designated parking stall dimensions.
When a bumper overhangs onto a sidewalk or landscape area, parking stall dimensions may
be reduced two (2) feet in length if two (2) feet is added to the width of the sidewalk or
landscaped area planted in ground cover as allowed by UDC 11-3C-5-B.
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.
The City of Meridian requires that the owner enter into a Warranty Surety Agreement and
post a Warranty Surety in the amount of 20% of the total construction cost for all completed
public sewer and water infrastructure for a duration of two years. This surety amount will be
verified by a line item final cost invoicing provided by the owner to the City. The surety can
be posted in the form of an irrevocable letter of credit, cash deposit or bond, and must be in
place prior to Certificate of Occupancy. Applicant must file an application for surety, which
can be found on the Community Development Department website. Please contact Land
Development Services for more information at 208-887-2211.
100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public
roadways per the City of Meridian Improvement Standards for Street Lighting. All street
lights shall be installed at developer's expense. Final design shall be submitted as part of the
development plan set for approval. Applicant shall also include the location of any existing
street lights in the development plan set. Street lighting is required at intersections, corners,
cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The
contractor's work and materials shall conform to the ISPWC and the City of Meridian
Supplemental Specifications to the ISPWC.
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 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14.
2. The project is subject to all current City of Meridian ordinances and previous conditions of
approval associated with this site.
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 use as set forth in UDC 11-4-3-49.
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APPROVED ITY COUNCIL REVIEW
DATE: 04/27/22 he applicant or a party of record may request City Council review of a decision of the Director.
FU U SKER:^- D—D07o 11 requests for review shall be filed in writing with the Planning Division on or before May 11
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.
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