Carl's Jr. - CZC, DES, ALT A-2018-0095Conditions Document
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Carl's Jr. - CZC, DES, ALT A-2018-0095
CERTIFICATE OF ZONING
COMPLIANCE
REPORT
DATE:
April 5, 2018
TO:
Jason Smith, OA+D
FROM:
Brock Cherry, Assistant City Planner
SUBJECT:
Carl's Jr. - CZC, DES, ALT A-2018-0095
OWNER:
Holly Plaza, LLC
DESCRIPTION OF APPLICANT'S REQUEST
The applicant requests Certificate of Zoning Compliance (CZC), Design Review (DES) and
Alternative Compliance (ALT) approval to construct a new 2,360 square foot restaurant with
drive-through on 0.48 acres of land in the C-C zoning district.
The alternative compliance is requested to deviate from the street landscape buffer width set
forth in UDC Table 11-2B-3.
The site is located at 14 E. Fairview Avenue.
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 and/or 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.
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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. The applicant is proposing to construct the new building over an existing
sewer easement created with the Van Auker Subdivision. Prior to the
issuance of a building permit, the applicant shall be responsible for the
following:
a. Relinquish any portion of the existing sewer easement no longer
required;
b. Obtain approval for the realignment of a new sewer main;
c. Establish a new easement for the realignment of said sewer main in
accord with Public Works standards.
Process Conditions of Approval
1. Per UDC 11-5B-5B2, the Director (at the applicant's request) approved
alternative compliance to reduce the street landscape buffer width along E.
Fairview Avenue and N. Meridian Road (See analysis below).
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 11-3B-14A.
5. The site plan prepared Erstad Architects, dated April 4, 2018, labeled “C1.0”, is
approved on April 5, 2018 by the City of Meridian Planning Division with no
changes.
6. The landscape plan prepared by OA+D, dated February 16, 2018, labeled “1.10”,
is approved April 5, 2018 by the City of Meridian Planning Division with no
changes.
7. The elevations prepared by OA+D, dated February 16, 2018, labeled “A2.0” and
“A2.1”, are approved on April 5, 2018 by the City of Meridian Planning Division
with no changes.
8. The approved site plan, landscape plan and/or elevations may not be altered
without prior written approval of the City of Meridian Planning Division.
9. The applicant shall pay any applicable impact fees prior to the issuance of a
building permit.
10. 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.
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11. 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.
12. 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 (CZC-15-064; DES-15-061;
ALT-15-018; PFP-11-002).
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 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.
ALTERNATIVE COMPLIANCE REQUEST
The applicant requests approval of alternative compliance to UDC 11-3B-7C.1c. which allows a
reduction of the 25-foot wide landscape buffer adjacent to E. Fairview Avenue and N. Meridian
Road. The applicant is seeking the reduction to develop the site with a drive-through restaurant.
The existing building and landscaping will be demolished to make way for the new development.
To offset the reduction of the landscape buffer, the applicant is proposing to install a landscape
buffer varying in width between 12 and 16 feet and construct a trellis and two (2) wing fences
with similar building materials to provide a visual element to the buffer and complement the
design of the building. Further, two (2) of the required trees within the buffer will be relocated
near the outdoor dining area to provide screening and a decorative element near the patio area.
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Except for the reduced buffer widths, the remaining portion of the site will comply with the
landscape requirements set forth in UDC 11-3B-8C. Because the site is currently non-
conforming and meets the definition of an infill development, staff supports the request as
proposed.
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
Because the project is an infill development, the Director finds strict adherence to the
landscape ordinance is not feasible to accommodate the entire 25-foot wide landscape
buffer. All other perimeter and parking lot landscaping will comply with the landscape
regulations set forth in UDC 11-3B-8C.
2. The alternative compliance provides an equal or superior means for meeting the
requirements; and
Because the site is currently non-conforming, the Director finds the applicant’s proposal
to construct a reduced landscape buffer (12’–16’) and install the decorative trellis and the
two (2) wing fences in addition to complying with all of the other landscape requirements
provides an equal means for meeting the requirements set forth in UDC 11-3B-7C.
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 site will
have more landscaping on the site than what currently exists with other developments in
the surrounding area.
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 April 20,
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
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.
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In accord with the above provisions, the subject Certificate of Zoning Compliance is valid until
April 5, 2019.
EXHIBITS
A. Vicinity Map
B. Site Plan (dated: April 4, 2018)
C. Landscape Plan (dated: February 16, 2018)
D. Elevations (dated: February 16, 2018)
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Carl's Jr. - CZC, DES, ALT A-2018-0095
A. Vicinity Map
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B. Site Plan (dated: April 4, 2018)
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C. Landscape Plan (dated: February 16, 2018)
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D. Elevations (dated: February 16, 2018)
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