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AAA Vacuum & Sewing ALT, CZC A-2017-0143 REVISEDConditions Document 1 AAA Vacuum & Sewing - ALT, CZC - A-2017-0143 CERTIFICATE OF ZONING COMPLIANCE REPORT DATE: November 1, 2017 REVISED February 16, 2018 TO: Joseph Buchinskiy FROM: Sonya Allen, Associate City Planner SUBJECT: AAA Vacuum & Sewing - ALT, CZC (A-2017-0143) Joseph Buchinskiy OWNER: DESCRIPTION OF APPLICANT'S REQUEST The applicant, Joseph Buchinskiy, requests Certificate of Zoning Compliance (CZC) approval for a 2,032 square foot professional service (sewing machine and vacuum repair) on 0.5 if an acre in a C-G zoning district. Alternative Compliance is also requested for a reduction to the width of the street buffer along E. Fairview Avenue from 25 to 11 feet. The site is located at 412 E. Fairview Avenue. Note: The previous use of the site as a Jackson’s convenience store and fuel station facility is considered an abandoned use as the use ceased more than 12 months ago. As such, the site is required to comply with current development standards. FINDINGS FOR ALTERNATIVE COMPLIANCE REQUEST TO UDC 11-3A-19.2A: 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 Due to site constraints of the existing building, the Director finds if a full buffer is provided there would not be adequate area between the building and the street for a cross-access easement to be provided to the property to the west as required by UDC 11-3A-3. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and The Director finds the applicant’s proposed alternative compliance of providing extra landscaping in the form of 9 variegated dogwood shrubs within the street buffer along Fairview Avenue in addition to the required trees provides an equal means for meeting the requirements in accord with the standards listed in UDC 11-2B-3A.3d. 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 and will actually provide a more attractive street buffer along the Fairview corridor in front of this business. Conditions Document 2 AAA Vacuum & Sewing - ALT, CZC - A-2017-0143 DECISION The applicant's request for Certificate of Zoning Compliance 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. 2. Business hours of operation within the C-G district shall be limited from 6 am to 11 pm when the property abuts a residential use or district as set forth in UDC 11-2B- 3A4. 3. Prior to issuance of Certificate of Occupancy, the applicant shall remove or relocate any existing structures that do not conform to setbacks and/or use in the zone. 4. Prior to Certificate of Occupancy, the applicant shall record a cross-access/ingress- egress easement to the adjoining property to the west (Parcel #S1106346900) and submit a copy of said easement to the Planning Division in accord with the provisions of UDC 11-3A-3A2. 5. Root barriers that are a minimum of 18-inches below subgrade adjacent to the sidewalk and a minimum of 24-inches below subgrade adjacent to the curb are required to be constructed in accord with UDC 11-3A-17E adjacent to the street buffer along E. Fairview Avenue. 6. Required landscape areas (i.e. street buffer along E. Fairview Ave.) shall be at least 70% covered with vegetation at maturity, with mulch used under and around the plants as set forth in UDC 11-3B-5N. 7. The maximum height of any berm or vegetative ground cover at maturity within the clear vision triangle shall be 3 feet from the lowest adjacent street grade; the (2) variegated dogwood shrubs that are depicted within the site triangle shall either be relocated outside of the vision triangle or be replaced with a lower height variety of plant/shrub in accord with UDC 11-3A-3B. Process Conditions of Approval 1. Per UDC 11-5B-5B2, the Director (at the applicant's request) approved alternative compliance regarding the width of the street buffer along E. Fairview Avenue; a Conditions Document 3 AAA Vacuum & Sewing - ALT, CZC - A-2017-0143 reduction from 25 feet to 11 feet was approved. 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 by ABCO Engineering on 1/18/18, labeled Sheet CS-101 is approved by the City of Meridian Planning Division as shown in Exhibit B. 6. The landscape plan prepared by Neudesign Architecture on 2/5/18, labeled Sheet A-101 is approved by the City of Meridian Planning Division as shown in Exhibit B. 7. The approved site/landscape plan 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 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 Conditions Document 4 AAA Vacuum & Sewing - ALT, CZC - A-2017-0143 landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11-3A-3. 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 November 16, 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 November 1, 2018. EXHIBITS A: Vicinity/Zoning Map B: Site/Landscape Plan (dated: 1/18/2018) C: Landscape Plan (dated: 2/5/2018) Conditions Document 5 AAA Vacuum & Sewing - ALT, CZC - A-2017-0143 Exhibit A: Vicinity/Zoning Map Conditions Document 6 AAA Vacuum & Sewing - ALT, CZC - A-2017-0143 Exhibit B: Site Plan (dated: 1/18/18) Conditions Document 7 AAA Vacuum & Sewing - ALT, CZC - A-2017-0143 Exhibit C: Landscape Plan (dated: 2/5/2018)