Loading...
Ameriben Building Phase 2 CZC A-2019-0119Conditions Document 1 AmeriBen Building (Phase 2) - ALT, DES, CZC - A-2019-0119 CERTIFICATE OF ZONING COMPLIANCE REPORT DATE: April 10, 2019 TO: Roberta Stewart FROM: Ryan McKell, Assistant City Planner SUBJECT: AmeriBen Building (Phase II) - ALT, DES, CZC (A-2019-0119) Brighton Investment LLC OWNER: DESCRIPTION OF APPLICANT'S REQUEST The applicant, Roberta Stewart, requests Certificate of Zoning Compliance (CZC), Administrative Design Review (DES), and Alternative Compliance (ALT) approval of a 4 story 121,300 square foot office building just east of AmeriBen I Building in the TM Crossing Subdivision on 4.5 acres of land in the C-G zoning district. The applicant has submitted a request for alternative compliance as set forth in UDC Table 11-5B-5 to UDC 11-3B-8C.1b, which requires 1 tree per 35 linear feet and shrubs, lawn or other vegetative groundcover in perimeter landscape buffers. There is a sewer easement that runs along the north boundary of the site in which trees aren’t allowed. The applicant proposes to plant trees at a 1:1 ratio along the south and west sides of the building instead of the required trees along the north boundary of the site. The site is located at 2760 W. Excursion Lane. NOTE: The property is part of an approved TM Crossing preliminary plat however, a subsequent final plat has not been submitted for review and approval by the City. The applicant must obtain approval and record the final plat prior to occupancy of the building. NOTE: The applicant must obtain approval of a property boundary adjustment to ensure the building does not reside on any property lines prior to occupancy of the building. DECISION The applicant's request for Certificate of Zoning Compliance and Administrative 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. Site Conditions of Approval 1. Business hours of operation within the 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. 2. Submit and obtain approval of a property boundary adjustment to avoid the building from spanning the property lines prior to obtaining building permits. Conditions Document 2 AmeriBen Building (Phase 2) - ALT, DES, CZC - A-2019-0119 Process Conditions of Approval 1. Per UDC 11-5B-5B2, the Director (at the applicant's request) approved alternative compliance regarding the requirement of one tree per 35’ (UDC 11-3B-8) along the north boundary of the property. 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 Horrocks Engineers on 03/06/2019, labeled 1, is approved by the City of Meridian Planning Division as shown in Exhibit B. 6. The landscape plan prepared by Baer Design Group LLC on 03/08/2019, labeled L1.0 and L1.1, is approved by the City of Meridian Planning Division as shown in Exhibit C. 7. The elevations prepared by Babcock Design on 03/08/2019, labeled Exterior Elevations, 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. 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 (AZ 12-005, DA #2016-062220, DA #2017-051907, DA #2019-011700, PP 12-003, CZC A-2016-0215). 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 shall have an ongoing obligation to maintain all pathways. 6. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 7. 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. Conditions Document 3 AmeriBen Building (Phase 2) - ALT, DES, CZC - A-2019-0119 ALTERNATIVE COMPLIANCE REQUEST – UDC 11-3B-8 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-8. 1. The applicant is seeking to relocate the required trees (13) along the north property line to the south and west sides of the building. The existing sewer easement along the north property line does not allow the planting of trees and adding the trees along the building will increase curb appeal to pedestrians. After reviewing the applicant’s request, staff finds the proposal to install a reduced number of parking spaces for the Fast Eddy’s carwash and lube center meets the intent of the Unified Development Code and will provide adequate parking given the nature of the use on the site. 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 the sewer easement along the north side of the property the applicant is unable to adhere to the requirement of one tree per 35’ (UDC 11-3B-8) along the north side of the property. The sewer easement spans 462’ and negates 13 trees. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and The Director finds the proposed addition of 13 trees adjacent to the building provides an equal means for meeting the requirement set forth in UDC 11-3B-8. The proposed placement of the trees is along the south and west façades of the building adding to the overall aesthetic of the building. 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 April 25, 2019, 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. Conditions Document 4 AmeriBen Building (Phase 2) - ALT, DES, CZC - A-2019-0119 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 April 10, 2020. EXHIBITS A: Vicinity Map B: Site Plan (dated: 03/06/2019) C: Landscape Plan (dated: 03/08/2019) D: Elevations (dated: 03/08/2019) Conditions Document 5 AmeriBen Building (Phase 2) - ALT, DES, CZC - A-2019-0119 Exhibit A: Vicinity Map Conditions Document 6 AmeriBen Building (Phase 2) - ALT, DES, CZC - A-2019-0119 Exhibit B: Site Plan (dated: 03/06/2019) Conditions Document 7 AmeriBen Building (Phase 2) - ALT, DES, CZC - A-2019-0119 Exhibit C: Landscape Plan (dated: 03/08/2019) Conditions Document 8 AmeriBen Building (Phase 2) - ALT, DES, CZC - A-2019-0119 Exhibit D: Elevations (dated: 03/08/2019)