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CZC 15-084CERTIFICATE OF ZONING COMPLIANCE REPORT DATE: August 17, 2015 TO: Chad Olsen FROM: Josh Beach, Associate Planner SUBJECT: Verraso Apartments - CZC-15-084, DES -15-074 and ALT -15-019 OWNER: Una Mas, LLC DESCRIPTION OF APPLICANT'S REQUEST The applicant, Chad Olsen, requests Certificate of Zoning Compliance (CZC) and Design Review (DES) approval to construct a 31 -unit duplex style development on 2.75 acres of land in the C -G zoning district. The development will consist of sixteen (16) attached structures as shown on the site plan attached in Exhibit B. Amenities will be constructed as follows: clubhouse (meeting area), veranda and courtyard. Alternative Compliance (ALT) is also proposed to deviate from the landscape buffer requirements set forth in UDC 11 -3B -8C due to a large irrigation easement on the south side of the private drive. (NOTE: The request is to install additional landscaping in the courtyard of the proposed project). The site is located on the west side of N. Records Avenue and south of E. Ustick Road. DECISION The applicant's request for Certificate of Zoning Compliance, Design Review and Alternative Compliance is approved with the conditions listed in this report. Note: This is not a building permit. You must complete this process before you commence the use or any construction. Please contact Building Services at (208) 887-2211 to verify the building permit andlor inspection requirements. General Conditions of Approval 1. 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. Conditions Document 1 Verraso Apartments - CZC-15-084 and DES -15-074& ALT -15-019 Site Conditions of Approval A 6 -foot tall vinyl fence is required to be constructed along the west boundary of the site per the CUP Findings. Any fencing constructed on the site shall be consistent with the standards as set forth in UDC 11-3A-7 and 11 -3A -6B. 2. Prior to Certificate of Occupancy, a cross -access easement shall be granted to the property to the south (Parcel #S1104233710) in accord with UDC 11-3A-3; the applicant shall work with the property owner to the south in determining the location for the cross -access easement. A copy of said document shall be submitted to the Planning Division prior to issuance of first Certificate of Occupancy. 3. A legally binding document shall be recorded that states the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures, parking, common areas, and other development features in accord with UDC 11- 4-3-27G. A copy of said document shall be submitted to the Planning Division prior to issuance of the first Certificate of Occupancy. Process Conditions of Approval 1. Per UDC 11 -5B -5B2, the Director (at the applicant's request) approved alternative compliance to deviate from the landscape standards along the south boundary as set forth in UDC 11 -3B -8C. (See Analysis section below for more information). 2. 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. 3. 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. 4. 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. 5. The site plan prepared by John Austin Surveying, dated May 18, 2015, is approved on August 13, 2015 by the City of Meridian Planning Division) as shown in Exhibit B. 6. The landscape plan prepared by Pro -Vision Landscape, dated July 27, 2015, is approved on August 13, 2015 by the City of Meridian Planning Division with the following changes: a. Per 11 -3B -7C.3, the applicant shall install eight (8) 2 -inch caliper trees within the landscape buffer along N. Records Ave. b. All street facing elevations shall have landscaping along their foundations as follows: the landscaped area shall be at least 3 -feet wide and have an evergreen shrub with a minimum mature height of 24 inches for every 3 linear feet of foundation. The remainder of the area shall be landscaped with ground cover plans (UDC 11-4-3-27F). C. Lawn or other vegetative groundcover is required within the street buffer along N. Records Avenue in accord with UDC 11-313-7C and through the common area (mew) that touches at 70 percent maturity in accord with UDC 11-313-5N. d. The applicant shall install eight (8) additional 2 -inch caliper trees in between the driveways that are proposed to have shrubs (the required trees are in addition to the shrubs). Conditions Document 2 Verraso Apartments - CZC-15-084, DES -15-074 and ALT -15-019 7. The approved site plan, landscape plan and/or elevations may not be altered without prior written approval of the City of Meridian Planning Division. 8. The elevations prepared by Envision Homes on 7/17/15, are approved as shown in Exhibit D. 9. The approved elevations may not be altered without prior written approval of the City of Meridian Planning Division. 10. The applicant shall pay any applicable impact fees prior to the issuance of a building permit. 11. 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. 12. 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. 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. Ongoing 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 11-313-6 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 (AZ -05-061; PP -08-007; FP -09-002; CUP -15-012 & DA #106137048). 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 has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC I 1-3A-11. 6. 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 it - 3A -3. 7. The applicant and/or assigns shall have the continuing obligation to meet the specific use standards for the proposed use as set forth in UDC 11-4-3-27. ALTERNATIVE COMPLIANCE REQUEST The applicant requests approval of alternative compliance to UDC 11 -3B -8C.1 which requires a 5 - foot wide landscape buffer on the south boundary of the private driveway to be planted with one tree per 35 linear feet and shrubs, lawn, or other vegetative groundcover. The applicant has provided a letter from the Irrigation District (NMID) that states the required Conditions Document 3 Verraso Apartments - CZC-15-084, DES -15-074 and ALT -15-019 trees should not be planted within the easement. hi order to provide access to the dwelling units and ensure the units are located outside of the Milks Lateral easement, the applicant cannot modify the layout to accommodate a wider buffer to include the trees. The applicant proposes to landscape the easement area with sod and is requesting that the trees internal to the development count towards the required trees. Staff is amenable to this request however; the applicant should install a total of eight (8) more 2 -inch caliper trees in between the driveways that are proposed to be planted with shrubs. Staff has reviewed the applicant's request and because NMID's requirements conflict with the City's in this instance, staff approves the request with the addition of the eight (8) 2 -inch caliper trees in accord with UDC 11-513-513.2d. ALTERNATIVE COMPLIANCE FINDINGS: In order to grant approval for alternative compliance, the director shall determine the following findings: 1. Strict adherence or application of the requirements is not feasible; OR The Director finds strict adherence is not feasible to accommodate the required trees within Milks Lateral easement. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and The Director finds the applicant's proposal provides an equal means for meeting the standards set forth in UDC 11-313-8C if the applicant plants the eight (8) additional 2 -inch caliper trees in between the driveways that are proposed to be planted with shrubs (the required trees are in addition to the shrubs). 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. The Director finds that the proposed alternative will not be detrimental to the public welfare or impair the use/character of the surrounding properties because the private drive will only be used by the residents of the development and any commercial use that develops to the south will be required to install a landscape buffer along their property line with the required trees. Conditions Document 4 Vcrraso Apartments - CZC-15-084, DES -15-074 and ALT -15-019 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 September 1, 2015, 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. EXPIRATION Certificates of Zoning Compliance issued in conjunction with a proposed use shall expire if the use has not commenced within one year of the date of issuance of the Certificate of Zoning Compliance. Certificates of Zoning Compliance issued in conjunction with construction or alteration of a structure shall expire if the construction or alteration has not commenced within one year of the date of issuance of the Certificate of Zoning Compliance. In accord with the above provisions, the subject Certificate of Zoning Compliance is valid until August 13, 2016. EXHIBITS A. Vicinity Map B. Site Plan (dated: May 18, 2015) C. Landscape Plan (dated: July 27, 2015) D. Elevations (dated: July 17, 2015) Conditions Document 5 Vermso Apartments - CZC-15-084, DES -15-074 and ALT -15-019