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Culver's A-2016-0312Conditions Document 1 Culver's - CZC, DES - A-2016-0312 CERTIFICATE OF ZONING COMPLIANCE REPORT DATE: January 11, 2017 TO: Steven Smith FROM: Sonya Allen, Associate City Planner SUBJECT: Culver's – ALT, CZC, DES - A-2016-0312 OWNER: Grand JR, LLC DESCRIPTION OF APPLICANT'S REQUEST The applicant, Steven Smith, requests Certificate of Zoning Compliance (CZC) and Design Review (DES) approval of a 4,457 s.f. restaurant with a drive-thru on 1.51 acres of land in a C- G zoning district. Alternative Compliance is requested to UDC 11-3B-8C.2a for a reduced planter island width from 5 feet to 3 feet to accommodate servicing of the adjacent trash enclosure while still delineating the parking area from the drive-thru. Alternative Compliance is also requested to UDC 11-3B-8C.1 for a reduced perimeter buffer width along the east side of the property from 5 feet to 2.36-5.66 feet and The site is located at 3494 E. Tecate Lane. 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. 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. Conditions Document 2 Culver's - CZC, DES - A-2016-0312 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. 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 EHM Engineers, Inc. on 1/9/17, labeled Sheet C-2, is approved by the City of Meridian Planning Division as shown in Exhibit B. 5. The landscape plan prepared by PKJ Design Group on 12/22/16, labeled Sheet LP- 1.2, included in Exhibit C, shall be revised as follows: a. Remove the tree in the planter island on the east end of the row of parking south of the trash enclosure; also, reduce the width of the planter island to 3 feet and plant with vegetative groundcover as approved through alternative compliance. b. Remove the wheel stops in the row of parking along the east and west sides of the site; parking stalls along the east boundary are required to be 19’ deep. 6. The elevations prepared by Ollmann Ernest Martin Architects on September 15, 2016, labeled Sheet A201, are approved by the City of Meridian Planning Division as shown in Exhibit D. 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 Conditions Document 3 Culver's - CZC, DES - A-2016-0312 of approval associated with this site (AZ-05-061; H-2015-0016; H-2015-0013). 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. 6. The applicant shall have an ongoing obligation to maintain all pathways. 7. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 8. 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. 9. 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 11-4-3-11, Drive-through Establishment. 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 January 26, 2017, 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 The Certificate of Zoning Compliance shall expire if the construction, alteration or the use 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 January 11, 2018. EXHIBITS A: Vicinity Map B: Site Plan (dated: 1/9/17) C: Landscape Plan (dated: 12/22/16) D: Elevations (dated: 9/15/16) E: Findings for Alternative Compliance Request to UDC 11-3B-8C.2a F: Findings for Alternative Compliance Request to UDC 11-3B-8C.1 Conditions Document 4 Culver's - CZC, DES - A-2016-0312 Exhibit A: Vicinity/Zoning Map Conditions Document 5 Culver's - CZC, DES - A-2016-0312 Exhibit B: Site Plan (dated: 1/9/17) Conditions Document 6 Culver's - CZC, DES - A-2016-0312 Exhibit C: Landscape Plan (dated: 12/22/16) Conditions Document 7 Culver's - CZC, DES - A-2016-0312 Exhibit D: Elevations (dated: September 15, 2016) Conditions Document 8 Culver's - CZC, DES - A-2016-0312 E: Findings for Alternative Compliance Request to UDC 11-3B-8C.2a 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 that strict adherence to the requirements of UDC 11-3B-8C.2a is not feasible as Republic Services will not be able to service the dumpster in the proposed location unless the width of the planter island is decreased as proposed. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and The Director finds that the proposed alternative compliance still delineates the parking area from the drive-thru and provides landscaping; therefore, providing an equal means for meeting the requirements. 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 intended use/character of the surrounding properties. Conditions Document 9 Culver's - CZC, DES - A-2016-0312 F. Findings for Alternative Compliance Request to UDC 11-3B-8C.1 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 that strict adherence to the requirements is not feasible due to the incongruity of the lot and proposed site layout. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and The Director finds the proposed alternative compliance provides an equal means for meeting the requirements as the required number of trees and vegetative groundcover will still be provided and vehicles will not overhang into the perimeter buffer because of the block retaining wall proposed. 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 means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties as a 5-foot wide perimeter buffer already exists along the east boundary of the site on the adjacent property (Les Schwab).