Fast Eddy's C-Store at Eagle CZC, DES, ALT A-2018-0211Conditions Document
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Fast Eddy's C-Store at Eagle – CZC, DES, ALT - A-2018-0211
CERTIFICATE OF ZONING COMPLIANCE
REPORT
DATE:
July 13, 2018
TO:
Richard Wilmot, ALC Architecture
FROM:
Stephanie Leonard, Assistant City Planner
SUBJECT:
Fast Eddy's Convenience Store at Eagle Rd. – CZC, DES, ALT (A-2018-
0211)
ST Investments Inc.
OWNER:
DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Richard Wilmot, requests Certificate of Zoning Compliance (CZC) and Design
Review (DES) approval for the construction of a 10,795 square foot convenience store and
7,740 square foot fuel sales “open-air” facility on 2.161 acres of land in the C-G zoning district.
The applicant is also requesting alternative compliance (ALT) to UDC 11-3B Landscape
Requirements to allow for perennial plantings, stone columns and wrought iron fencing in place
of two trees within two planter islands at the front entrance on the south side of the site.
The site is located at 3775 N. Eagle Road.
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.
Site Conditions of Approval
1. Per UDC 11-5B-5B2, alternative compliance to 11-3H-4C3 Lighting Standards for the pathway
along State Highway 55 was approved (A-2018-0027). Proposed lighting style varies from
approved State Highway 55 corridor lighting but provides a cohesive and improved option
2. 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.
3. Business hours of operation within the C-C and C-G districts 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.
a. At the time of annexation Council allowed the applicant to extend hours to 24
hours/day 7 days a week, per CUP-18-0006.
4. 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.
5. Prior to issuance of Certificate of Occupancy, the applicant shall construct horizontal
“Welcome to Meridian” monument sign adjacent to Eagle Road. Verification of
products and construction means are required through City Inspections Services staff.
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Fast Eddy's C-Store at Eagle – CZC, DES, ALT - A-2018-0211
Depending on the complexity of the foundation, the assistance of a materials testing lab
may be required to ensure compaction of footings and concrete testing. Any material
testing required shall be verified by City staff. After successful construction of the sign,
the City will take over maintenance; therefore, the applicant shall submit record
drawings and enter into a license agreement with the City for the continued placement
and perpetual maintenance of the monument sign. Placement, construction, inspection,
and acceptance of the monument sign, as well as execution of a license agreement, shall
be coordinated with City staff.
Process Conditions of Approval
1. Per UDC 11-5B-5B2, the Director (at the applicant’s request) approved alternative compliance
to modify the landscape islands adjacent to the front entrance along the south side of the site to
include perennial flowers, stone columns and wrought iron fencing.
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 ALC Architecture on May 1, 2018, labeled AS1.0 and SD1.0,
is approved by the City of Meridian Planning Division as shown in Exhibit B.
6. The landscape plan prepared by Harvest Design, P.C. on December 27, 2017, labeled
LS-1, is approved by the City of Meridian Planning Division as shown in Exhibit C.
7. The elevations prepared by ALC Architecture on May 1, 2018, labeled A4.1 and A4.2,
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, the applicant shall record a cross-access/ingress-
egress easement to adjoining properties (Parcel #R4582530202, 13984 W. Jasmine Ln.)
and submit copy of said easement to the Planning Division in accord with the provisions
of UDC 11-3A-3A2.
14. A cross-access/ingress-egress easement (as applicable) shall be provided to the property
to the west (Brickyard development) with development of this site for pedestrian and
emergency access. A recorded copy of said easement shall be submitted to the City prior
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Fast Eddy's C-Store at Eagle – CZC, DES, ALT - A-2018-0211
to issuance of the first Certificate of Occupancy on the site.
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
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 subject property adjoins Eagle Rd./SH-55; there are two approved accesses to the
state highway as shown in Exhibit B.
a. One access point is proposed via an existing driveway from Eagle Rd./SH-55 on the
adjacent property to the south (Fast Eddy’s Car Wash). Another exit via N. Eagle
Rd/SH-55 exists off-site adjacent to the south boundary of the overall site. These
accesses were approved through a variance in 2005 (VAR-05-021, Kohl’s Department
Store/CentrePoint Marketplace).
3. The applicant shall comply with the outdoor storage as an accessory use standards as set
forth in UDC 11-3A-14.
4. The project is subject to all current City of Meridian ordinances and previous conditions
of approval associated with this site (AZ-18-0006, DA #042029; CUP-18-0006; PBA-
17-0133; PBA-18-0171; VAR-05-021).
5. The issuance of this CZC does not release the applicant from any previous requirements
of the other permits issued for the site.
6. 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.
7. The applicant shall have an ongoing obligation to maintain all pathways.
8. The applicant has a continuing obligation to comply with the outdoor lighting provisions
as set forth in UDC 11-3A-11.
9. 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.
10. 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 11-4-3-20, Fuel Sales Facility
and UDC 11-4-3-11, Drive-Through Establishments.
ALTERNATIVE COMPLIANCE REQUEST – UDC 11-3B-8C-2d
The applicant has submitted a request for alternative compliance in accord with Table
11-5B-5. UDC Table 11-5B-5 allows an application for alternative compliance for landscaping
requirements found in UDC 11-3B-8C-2d.
1. The applicant is seeking to install landscaping differing from that required in UDC 11-
3B-8C-2d for two planter islands at the front entrance on the south side of the site. The
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Fast Eddy's C-Store at Eagle – CZC, DES, ALT - A-2018-0211
applicant requests to install colorful perennial landscaping, stone columns and wrought
iron fencing in lieu of the required one (1) tree per landscape island.
After reviewing the applicant’s request, staff finds the proposal to install differing
landscaping within the front entrance planters meets the intent of the Unified
Development Code and contributes to a cohesive and attractive design of the
development. Therefore, the proposed landscape design is approved.
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
2. The alternative compliance provides an equal or superior means for meeting the
requirements; and
The Director finds the proposed landscaping contributes to the overall design of the
development, will match decorative planters along seating areas around the perimeter of
the store and throughout the site and compliments the overall aesthetic of the
development. Proposed landscaping will incorporate decorative stone columns, wrought
iron fencing and colorful perennials in lieu of the required one (1) tree per landscape
island. The proposed landscaping will present a cohesive and decorative design and
provides a superior means to meeting the requirements of UDC 11-3B-8C-2d.
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.
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 July 28, 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
July 13, 2019.
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Fast Eddy's C-Store at Eagle – CZC, DES, ALT - A-2018-0211
EXHIBITS
A: Vicinity Map
B: Site Plan (dated: May 1, 2018)
C: Landscape Plan (dated: December 27, 2017)
D: Elevations (dated: May 1, 2018)
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Fast Eddy's C-Store at Eagle – CZC, DES, ALT - A-2018-0211
Exhibit A: Vicinity Map
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Fast Eddy's C-Store at Eagle – CZC, DES, ALT - A-2018-0211
Exhibit B: Site Plan (dated: May 1, 2018)
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Fast Eddy's C-Store at Eagle – CZC, DES, ALT - A-2018-0211
Exhibit C: Landscape Plan (dated: December 27, 2017)
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Fast Eddy's C-Store at Eagle – CZC, DES, ALT - A-2018-0211
Exhibit D: Elevations (dated: May 1, 2018)