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TM Crossing Food Pavilion CZC, DES A-2019-0037Conditions Document 1 TM Crossing Food Pavilion - DES, CZC - A-2019-0037 CERTIFICATE OF ZONING COMPLIANCE REPORT DATE: April 10, 2019 TO: Roberta Stewart FROM: Ryan McKell, Assistant City Planner SUBJECT: TM Crossing Food Pavilion - DES, CZC (A-2019-0037) Brighton Investments LLC OWNER: DESCRIPTION OF APPLICANT'S REQUEST The applicant, Rob Sunderlage, requests Certificate of Zoning Compliance (CZC) and Administrative Design Review (DES) approval to construct a 5,700 square-foot building with multiple restaurant tenants and associated drive-through in the Ten Mile Crossing Subdivision on 6.23 acres of land in the C-G zoning district. The site is located at 811 S. Vanguard Way. 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. Submit and obtain approval of a property boundary adjustment to avoid the buildings from spanning the property lines prior to obtaining building permits. 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 improvements in accord with UDC 11-5C-3C. Conditions Document 2 TM Crossing Food Pavilion - DES, CZC - A-2019-0037 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 Horrocks Engineers on 02/08/2019, labeled 1, is approved by the City of Meridian Planning Division as shown in Exhibit B. 5. The landscape plan prepared by Baer Design Group LLC on 02/08/2019, labeled L1.0 and L1.1, is approved by the City of Meridian Planning Division as shown in Exhibit C. 6. The elevations prepared by BVA on 02/08/2018, labeled A1, 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. 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. 10. 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). 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 proposed use as set forth in UDC 11-4-3-11. 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 10, 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 3 TM Crossing Food Pavilion - DES, CZC - A-2019-0037 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: 02/08/2019) C: Landscape Plan (dated: 02/08/2019) D: Elevations (dated: 02/08/2018) Conditions Document 4 TM Crossing Food Pavilion - DES, CZC - A-2019-0037 Exhibit A: Vicinity Map Conditions Document 5 TM Crossing Food Pavilion - DES, CZC - A-2019-0037 Exhibit B: Site Plan (dated: 02/08/2019) Conditions Document 6 TM Crossing Food Pavilion - DES, CZC - A-2019-0037 Exhibit C: Landscape Plan (dated: 02/08/2019) Conditions Document 7 TM Crossing Food Pavilion - DES, CZC - A-2019-0037 Exhibit D: Elevations (dated: 02.08.2018)