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SOLV Flex Building CZC, DES, ALT A-2017-0259 RevisionREVISED Conditions Document 1 SOLV Flex Building - CZC, DES, ALT - A-2017-0259 CERTIFICATE OF ZONING COMPLIANCE REPORT DATE: January 19 September 18, 2018 TO: Adam Garcia, Houston Bugatsch FROM: Stephanie Leonard, Assistant City Planner SUBJECT: SOLV Flex Building - CZC, DES, ALT (A-2017-0259) Southern Springs Development OWNER: DESCRIPTION OF APPLICANT'S REQUEST The applicant, Adam Garcia, requests Certificate of Zoning Compliance (CZC) and Design Review (DES) approval to construct a 15,610 square foot flex building with office and warehouse space on 1.22 acres of land in the C-G zoning district. The applicant is requesting alternative compliance to UDC 11-3B-9 regarding tree requirements for the south landscape buffer between the subject property and adjacent property. The landscape plan originally approved with this CZC on January 19, 2018 depicted four Class I trees on the south boundary that will not fit due to the close proximity of the building on the adjacent property. Due to size constraints the applicant is proposing to install three Class II trees and a variety of shrubs and vegetative groundcover instead. The site is located at 1960 S. Meridian Road. DECISION The applicant's request for Certificate of Zoning Compliance, Administrative 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. 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. 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 REVISED Conditions Document 2 SOLV Flex Building - CZC, DES, ALT - A-2017-0259 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 Houston Bugatsch on September 25, 2017, labeled LS0.0, is approved by the City of Meridian Planning Division as shown in Exhibit B. 5. The landscape plan prepared by Houston Bugatsch on January 17, 2018 August 10, 2018, labeled LS1.0 is approved by the City of Meridian Planning Division as shown in Exhibit C. 6. The elevations prepared by Houston Bugatsch on January 15, 2018 are approved by the City of Meridian Planning Division as shown in Exhibit D. 7. The approved site plan, landscape plan and/or elevations 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. 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. 10. 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 project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site (PBA A-2015-0060). 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 REVISED Conditions Document 3 SOLV Flex Building - CZC, DES, ALT - A-2017-0259 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 11-4-318. ALTERNATIVE COMPLIANCE REQUEST – UDC 11-3B 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 landscape requirements. 1. The applicant is seeking to install landscaping differing from the originally approved landscape plan per the approved CZC on January 19, 2018. The landscape plan originally approved with the CZC depicted four Class I trees on the south boundary that will not fit due to the close proximity of the building on the adjacent property to the south. The applicant is proposing to install three Class II trees and a variety of shrubs and groundcover instead. After reviewing the applicant’s request, staff finds the proposal to install a combination of Class II trees, shrubs, and vegetative groundcover along the south boundary meets the intent of the Unified Development Code and contributes to a cohesive and attractive design of the development. Therefore, the proposed landscape design and locations are 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 The Director finds that because of site constraints and the proximity of the adjacent building, strict adherence to the requirements of UDC 11-3B is not feasible. The originally proposed trees would conflict with the existing building and would not thrive in the landscape buffer. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and The Director finds the proposed trees contributes to the overall design of the development, will provide adequate vegetation and compliments the overall aesthetic of the development. 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. REVISED Conditions Document 4 SOLV Flex Building - CZC, DES, ALT - A-2017-0259 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 February 3, 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 January 19, 2019. EXHIBITS A: Vicinity Map B: Site Plan (dated: January 17, 2018) C: Landscape Plan (dated: January 17, 2018 August 10, 2018) D: Elevations (dated: January 15, 2018) REVISED Conditions Document 5 SOLV Flex Building - CZC, DES, ALT - A-2017-0259 Exhibit A: Vicinity Map (dated: December 27, 2017) REVISED Conditions Document 6 SOLV Flex Building - CZC, DES, ALT - A-2017-0259 Exhibit B: Site Plan (dated: January 17, 2018) REVISED Conditions Document 7 SOLV Flex Building - CZC, DES, ALT - A-2017-0259 Exhibit C: Landscape Plan (dated: January 17, 2018 August 10, 2018) REVISED Conditions Document 8 SOLV Flex Building - CZC, DES, ALT - A-2017-0259 Exhibit D: Elevations (dated: January 15, 2018) REVISED Conditions Document 9 SOLV Flex Building - CZC, DES, ALT - A-2017-0259