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Carl's Jr at Chinden and Linder CZC DES A-2017-0286Conditions Document Carl's Jr. at Chinden and Linder Crossing - CZC, DES - A-2017-0286 CERTIFICATE OF ZONING COMPLIANCE REPORT DATE: February 23, 2018 TO: Jason Smith, Office of Architecture and Design (OA+D) FROM: Stephanie Leonard, Assistant City Planner SUBJECT: Carl's Jr. at Chinden and Linder Crossing - CZC, DES (A-2017-0286) Green Star Properties, LLC OWNER: DESCRIPTION OF APPLICANT'S REQUEST The applicant, John Nelson, requests Certificate of Zoning Compliance (CZC), Design Review (DES) and Alternative Compliance (ALT) approval to construct a new 2,752 square foot restaurant with drive-through service window located in the Chinden and Linder Crossing Subdivision on 0.97 acres of land in the C-C zoning district. The site is located at 1840 W. Chinden Blvd. 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. 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 plans prepared by KM Engineering and OA+D on November 20, 2017, labeled C1.01 and A0.1 respectively are approved by the City of Meridian Planning Division as shown in Exhibit B. 5. The redlined landscape plan prepared by Rodney Evans and Partners on November 20, 2017, labeled L1.1, is approved by the City of Meridian Planning Division. Plans submitted for a building permit shall reflect the changes shown in Exhibit C. 6. The elevations prepared by OA+D on November 20, 2017, labeled A2.0 and A2.1, 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 Conditions Document Carl's Jr. at Chinden and Linder Crossing - CZC, DES - A-2017-0286 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. 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 project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site (MDA 14-008; PP 14-011; FP 14-041; CUP 15- 007; DA# 2014-088001). 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 the proposed use as set forth in UDC 11-4-3-11. ALTERNATIVE COMPLIANCE REQUEST The applicant has submitted a request for alternative compliance in accord with 11-3B-8B3. UDC 11-3B-8B3 allows an application for alternative compliance for parking lot landscaping requirements found in UDC 11-3B-8. 1. Due to 10 foot wide gravity irrigation easement running along the length of the west property line, the applicant is seeking to install 3 of the 8 required trees along the western landscape buffer. They are proposing to locate 3 of the required trees along the northern landscape buffer along with vegetative cover above the required 70% coverage. The proposed shrubs, perennials, ornamental grasses and ground covers are to provide 100% vegetative coverage to the site. Trees along the eastern landscape buffer will be installed in a complementary manner to existing trees along the Einstein’s Oilery property. Spacing and layout will be addressed during the construction document/building permit process by the landscape architect. Conditions Document Carl's Jr. at Chinden and Linder Crossing - CZC, DES - A-2017-0286 After reviewing the applicant’s request, staff finds the proposal to install 3 trees along with additional plant materials, meets the intent of the Unified Development Code and contributes to a cohesive and attractive design of the development. The applicant has also fulfilled requirements of CUP-15-0007 by providing a 35 foot landscape barrier to on the northern boundary, contributing to overall landscaping and buffer to residential uses to the north. 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 Due to the irrigation easement, the Director finds strict adherence to UDC 11-3B-8B3 is not feasible. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and The Director finds the applicant’s alternative means for meeting the requirements of the UDC as discussed above provides an equal or superior means of compliance as additional trees, shrubs, and ground cover will be provided on the site. 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 since the proposed vegetation will not interfere with the irrigation infrastructure and the proposed vegetation will enhance the character of the surrounding properties. 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 March 10, 2018, 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 February 23, 2019. Conditions Document Carl's Jr. at Chinden and Linder Crossing - CZC, DES - A-2017-0286 EXHIBITS A: Vicinity Map B: Site Plan (dated: November 20, 2017) C: Landscape Plan (dated: November 20, 2017; revised: February 12, 2018) D: Elevations (dated: November 20, 2017) Conditions Document Carl's Jr. at Chinden and Linder Crossing - CZC, DES - A-2017-0286 Exhibit A: Vicinity Map Conditions Document Carl's Jr. at Chinden and Linder Crossing - CZC, DES - A-2017-0286 Exhibit B: Site Plans (dated: November 20, 2017) Conditions Document Carl's Jr. at Chinden and Linder Crossing - CZC, DES - A-2017-0286 Exhibit C: Landscape Plan (dated: November 20, 2017; revised 2/12/2018) Conditions Document Carl's Jr. at Chinden and Linder Crossing - CZC, DES - A-2017-0286 Exhibit D: Elevations (dated: November 20, 2017)