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CZC Conditions Document 1 Beniton Building - CZC, DES - A-2016-0288 CERTIFICATE OF ZONING COMPLIANCE REPORT DATE: September 12, 2016 TO: Matt Newton, Penwood III, LLC FROM: Joshua Beach, Associate City Planner SUBJECT: Beniton Building - CZC, DES - A-2016-0288 OWNER: Penwood III, LLC DESCRIPTION OF APPLICANT'S REQUEST The applicant, Matt Newton, requests Certificate of Zoning Compliance (CZC) and Design Review (DES) approval for a 10,000 s.f. office building and a 2,500 s.f. storage building. The subject property is located on 0.291 acres of land in the L-O zoning district. The site is located at 389 SW. 5th Avenue. DECISION The applicant's request for Certificate of Zoning Compliance and Design Review is approved with the conditions listed in this report. 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. 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. Site 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. Business hours of operation within the L-O and C-N districts shall be limited from 6 am to 10 pm as set forth in UDC 11-2B-3A4. 3. Process Conditions of Approval 1. 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. 2. 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. Conditions Document 2 Beniton Building - CZC, DES - A-2016-0288 3. 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- 3B-14A. 4. The site plan prepared by The Land Group on August 31, 2016, labeled C1.00, is approved by the City of Meridian Planning Division with the following changes: a) The applicant shall provide a pedestrian connection across the parking lot to the existing sidewalk along SW 5th Avenue. The pedestrian pathway across the parking lot shall be scored concrete or pavers to delineate the walkway. b) The submitted site plan depicts six foot sidewalks and nineteen foot parking stalls. In order to ensure five feet of clear sidewalk for pedestrian movement, the applicant shall be required to either increase the width of the sidewalk to seven feet or provide wheel stops which prevent vehicles overhanging the sidewalk more than one foot. 5. The landscape plan prepared by The Land Group on August 31, 2016, labeled L1.00, is approved by the City of Meridian Planning Division with no changes. 6. The elevations prepared by Design West Architects on July 20, 2016, labeled A4.00, are approved by the Cit y of Meridian Planning Division with no changes. 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 applicant shall pay any applicable impact fees prior to the issuance of a building permit. 9. 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. 10. 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. 11. 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. 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 11-3B-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 applicant shall comply with the outdoor storage as an accessory use standards as set forth in UDC 11-3A-14. 3. The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site (PP-05-022; CUP-05-030 and FP-05-068). 4. The issuance of this CZC does not release the applicant from any previous requirements of the other permits issued for the site. 5. 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. Conditions Document 3 Beniton Building - CZC, DES - A-2016-0288 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 the proposed use as set forth in UDC 11-4-3-33 for Outdoor Storage. 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 27, 2016, 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 September 12. 2017. EXHIBITS Vicinity Map Site Plan (dated: August 31, 2016) Landscape Plan (dated: August 31, 2016) Elevations (dated: July 20, 2016) Conditions Document 4 Beniton Building - CZC, DES - A-2016-0288 A. Vicinity Map Conditions Document 5 Beniton Building - CZC, DES - A-2016-0288 B. Site Plan (dated: August 31, 2016) Conditions Document 6 Beniton Building - CZC, DES - A-2016-0288 C. Landscape Plan (dated: August 31, 2016) Conditions Document 7 Beniton Building - CZC, DES - A-2016-0288 D. Elevations (dated: July 20, 2016)