Swain Retail CZC, DES, ALT A-2019-0008Conditions Document
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Swain Retail – CZC, DES, ALT - A-2019-0008
CERTIFICATE OF ZONING COMPLIANCE
REPORT
DATE:
March 8, 2019
TO:
Cory Swain, Cory Swain CS2 LLC
FROM:
Ryan McKell, Assistant City Planner
SUBJECT:
Swain Retail - CZC, DES, ALT (A-2019-0008)
Cory Swain, CS2, LLC
OWNER:
DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Cory Swain, requests Certificate of Zoning Compliance (CZC), Administrative
Design Review (DES), and Alternative Compliance (ALT) approval to construct a 9527 square
foot shell building on 1.186 acres of land in the C-N zoning district. The applicant is requesting
alternative compliance to UDC 11-2B-3A regarding landscaping buffers to adjoining residential
zoned property to the south to allow for a reduced landscape buffer to allow for the previously
constructed drive aisle. The affected property owners have reviewed and approved the
applicant’s plans.
The site is located at 4736 N. Park Crossing Avenue.
NOTE: The issuance of this CZC and DES is valid only for the proposed building; a new
CZC and DES will be required for any future buildings on the west portion of the
property, labeled as “FUTURE COFFEE (CUP REQ’D)”
DECISION
The applicant's request for Certificate of Zoning 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. Business hours of operation within the C-N districts shall be limited from 6 am to 10 pm
as set forth in UDC 11-2B-3A4.
Process Conditions of Approval
1. Per UDC 11-5B-5B2, the Director (at the applicant's request) approved alternative
compliance regarding the landscaping buffers to adjoining uses, UDC 11-3B-9.
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.
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Swain Retail – CZC, DES, ALT - A-2019-0008
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 neUdesign on 3/06/2019, labeled A-101, is approved by the
City of Meridian Planning Division as shown in Exhibit B.
6. The landscape plan prepared by Stack Rock Group on 3/06/2019, labeled L1.00, is
approved by the City of Meridian Planning Division as shown in Exhibit C.
7. The elevations prepared by neUdesign on 1/08/2019, labeled A-211, 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 (DA #114034781)
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.
ALTERNATIVE COMPLIANCE REQUEST
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-9.
1. The applicant is seeking to reduce a portion of the 20-foot landscape buffer to a 5-foot
landscape buffer to the residential uses to the south. The reduced landscape buffer will
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Swain Retail – CZC, DES, ALT - A-2019-0008
include additional shrubs to better shield the abutting residential lots. The affected
property owners have reviewed and approved the proposed landscape plans.
After reviewing the applicant’s request, staff finds the proposal to install a reduced landscape
buffer to allow the use of the two drive aisle connections to the public streets predicated by
ACHD. Therefore, the proposed landscape buffer reduction 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
The Director finds that because of the size constraints of the site and the previously
constructed drive aisle a reduced landscape buffer is necessary to allow for adequate
mobility throughout the site.
2. The alternative compliance provides an equal or superior means for meeting the
requirements; and
The proposed landscape buffer provides additional landscaping above that which is
required by UDC 11-3B-5 and additional evergreen shrubs with tree-like appearance
(trees are not allowed within the utility easement) have been added to provide added
screening between the residential properties.
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. The abutting
residential property owners have reviewed and approved the proposed landscape plan.
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 March 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.
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
March 8, 2020.
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Swain Retail – CZC, DES, ALT - A-2019-0008
EXHIBITS
A: Vicinity Map
B: Site Plan (dated: 3/06/2019)
C: Landscape Plan (dated: 3/06/2019)
D: Elevations (dated: 1/08/2019)
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Swain Retail – CZC, DES, ALT - A-2019-0008
Exhibit A: Vicinity Map
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Swain Retail – CZC, DES, ALT - A-2019-0008
Exhibit B: Site Plan (dated: 3/06/2019)
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Swain Retail – CZC, DES, ALT - A-2019-0008
Exhibit C: Landscape Plan (dated: 3/06/2019)
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Swain Retail – CZC, DES, ALT - A-2019-0008
Exhibit D: Elevations (dated: 1/08/2019)