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Sunshine Landscape CZC, ALT (H-2018-0262)Conditions Document 1 Sunshine Landscape – A-2018-0262 CERTIFICATE OF ZONING COMPLIANCE REPORT DATE: September 20, 2018 TO: Compass Charter School Inc. FROM: Josh Beach, Associate City Planner SUBJECT: Sunshine Landscape – CZC, ALT (A-2018-0262) OWNER: Compass Charter School, Inc. DESCRIPTION OF APPLICANT’S REQUEST The applicant, Compass Charter School Inc., requests certificate of zoning compliance (CZC) and alternative compliance (ALT) approval to make certain improvements to their site as required by the development agreement (Instrument No. 2018-079759). The applicant is requesting alternative compliance to UDC 11-3B-8(c) regarding trees in internal planter islands. The subject property is located near the NEC of Black Cat and Franklin. The property is zoned ME. DECISION The applicant’s request for CZC 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. Process Conditions of Approval 1. 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. 2. Prior to approval of certificate of occupancy, the site plan prepared by Paradigm Design, dated 6/20/2018, labeled C-104 shall be revised as follows: a. The applicant shall comply with the accessory outdoor storage standards set forth in UDC 11- 3A-14 which includes the outdoor storage area to be fully screened from view by using a solid fence and gate. This requires screening on all side, including the south s b. The applicant shall comply with the Dispatch for Mobile Services standards set forth in UDC 11-4-3-45. c. The applicant shall provide a cross-access both to the east and to the west in order to provide access to surrounding properties once they redevelop. 3. Prior to approval of any building permits for the property, the applicant shall provide recorded cross-access agreement to parcel as required with the development agreement. 4. The revised landscape plan prepared by Breckon Land Design, dated 9/12/2018, labeled L1.1, L1.5 and L1.6 are approved as shown in Exhibit C with no changes. 5. The approved site plan and landscape plan shall not be altered without prior written approval of the City of Meridian Planning Division. 6. The applicant shall pay any applicable impact fees prior to the issuance of a building permit. Conditions Document 2 Sunshine Landscape – A-2018-0262 7. 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. 8. 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. 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 project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site (H-2018-0048, Instrument # 2018-079759). 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 has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 6. 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. 7. The applicant and/or assigns shall have the continuing obligation to meet the specific use standards for the private education facility as set forth in UDC 11-4-3-14. ALTERNATIVE COMPLIANCE REQUEST – UDC 11-3B-8C 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 standards for the internal parking lot landscaping found in UDC 11-3B-8C. The Williams Pipeline Company is not allowing the applicant to install trees anywhere within their easement. The applicant’s request is to place the required trees elsewhere in the property with the intent of complying with the UDC. After reviewing the applicant’s request, staff finds the proposal to install the trees along the east boundary of the property meets the intent of the code and approves of the request. ALTERNATIVE COMPLIANCE FINDINGS: In order to grant approval for alternative compliance, the director shall determine the following findings: Conditions Document 3 Sunshine Landscape – A-2018-0262 1. Strict adherence or application of the requirements is not feasible; OR The Director finds that the Williams Pipeline Company will not allow for trees to be planted in their pipeline easement. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and The Director finds that placing the four (4) trees along the east boundary of the property outside of the easement will provide equal means of meeting the requirements of the UDC, and is appropriate given the finding in #1 above. 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 since the required landscaping is being provided with the 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 Department on or before 10/5/2018, 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 Certificates of Zoning Compliance issued in conjunction with construction or alteration of a structure shall expire if said construction or alteration has not commenced within one year of the date of issuance of the Certificate of Zoning Compliance. The administrative design review shall be exercised with the approval period of the underlying permit (CZC) or the approval shall expire. In accord with the above provisions, the subject Certificate of Zoning Compliance and Design Review is valid until September 20, 2019. Conditions Document 4 Sunshine Landscape – A-2018-0262 EXHIBITS A. Vicinity Map B. Site Plan (dated: 9/12/2018) C. Landscape Plan (dated: 9/12/2018) Conditions Document 3 Sunshine Landscape – A-2018-0262 A. Vicinity Map SITE Conditions Document 4 Sunshine Landscape – A-2018-0262 B. Site Plan (dated: 9/12/2018) Conditions Document 5 Sunshine Landscape – A-2018-0262 C. Landscape Plan (dated: 9/12/2018)