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Fast Eddy's C-Store at Eagle CZC, DES, ALT A-2018-0211Conditions Document 1 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. Conditions Document 2 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 Conditions Document 3 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 Conditions Document 4 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. Conditions Document 5 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) Conditions Document 6 Fast Eddy's C-Store at Eagle – CZC, DES, ALT - A-2018-0211 Exhibit A: Vicinity Map Conditions Document 7 Fast Eddy's C-Store at Eagle – CZC, DES, ALT - A-2018-0211 Exhibit B: Site Plan (dated: May 1, 2018) Conditions Document 8 Fast Eddy's C-Store at Eagle – CZC, DES, ALT - A-2018-0211 Exhibit C: Landscape Plan (dated: December 27, 2017) Conditions Document 9 Fast Eddy's C-Store at Eagle – CZC, DES, ALT - A-2018-0211 Exhibit D: Elevations (dated: May 1, 2018)