Whistle Stop CZC, DES A-2018-0118Conditions Document
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WHISTLE STOP – CZC, DES - A-2018-0118
CERTIFICATE OF ZONING COMPLIANCE
REPORT
DATE:
May 21, 2018
TO:
Andy Cabianca, Biltmore Company
FROM:
Stephanie Leonard, Assistant City Planner
SUBJECT:
Whistle Stop – CZC, DES (A-2018-0118)
Biltmore Company, LLC
OWNER:
DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Andy Cabianca, requests Certificate of Zoning Compliance (CZC) and Design
Review (DES) approval to construct 16 multi-family buildings consisting of 68 units on 5.7
acres of land in the R-15 zoning district.
A total of 1.47 acres (or 25.8%) of qualified open space is proposed along with qualified site
amenities including a tot lot, open grassy area, community garden, and covered bicycle storage.
The site is located at 1297 W. Pine 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. 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.
3. Maintenance of all common areas shall be the responsibility of the developer or assigns.
Record legally binding documents that state the maintenance and ownership
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responsibilities for the management of the development, including but not limited to
structures, parking, common areas, private streets, and other development features. A
copy of the recorded document shall be submitted with the first Certificate of Occupancy
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 CK Engineering on April 10, 2018, labeled CZC, is approved
by the City of Meridian Planning Division as shown in Exhibit B.
5. The landscape plan prepared by South Architecture on December 13, 2017, labeled
L1.1, is approved by the City of Meridian Planning Division as shown in Exhibit C.
a. Plans submitted for building permit shall include parking lot landscaping changes
to comply with UDC 11-3B-8C per redlines in Exhibit C.
6. If any changes are made to the site or landscape plan to depict the 10-foot wide pathway
along the south side of the creek, should NMID provide approval, the applicant shall
submit a new site and landscape plan to the City of Meridian Planning Division for
approval prior to issuance of the building permit.
7. The elevations prepared by neUdesign Architecture on March 21, 2018, are approved by
the City of Meridian Planning Division as shown in Exhibit D.
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.
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. Prior to Certificate of Occupancy, the applicant shall submit a public access easement
for the multi-use pathway(s) to the Park's Department for approval by City Council and
subsequent recordation.
13. Prior to Certificate of Occupancy of the first structure, the applicant shall record a cross-
access/ingress-egress easement to adjoining properties and submit copy of said
easement to the Planning Division in accord with the provisions of UDC 11-3A-3A2.
14. If the subject property is part of a final plat that has not yet recorded, the applicant shall
be responsible for all plat improvements prior to release of Certificate of Occupancy for
the first structure within such plat.
15. 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
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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 (DA# 2018-029809; H-2017-0167).
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 11-4-3-27, Multi-Family
Development.
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 June 5, 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
May 21, 2019.
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EXHIBITS
A: Vicinity Map
B: Site Plan (dated: April 10, 2018)
C: Landscape Plan (dated: December 31, 2017)
D: Elevations (dated: March 21, 2018)
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Exhibit A: Vicinity Map
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Exhibit B: Site Plan (dated: April 10, 2018)
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Exhibit C: Landscape Plan (dated: December 31, 2017)
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Exhibit D: Elevations (dated: March 21, 2018)
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