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Crave at TM Crossing - ALT, CZC, DES (A-2019-0295)Conditions Document 1 The Crave at TM Crossing - ALT, DES, CZC - A-2019-0295 CERTIFICATE OF ZONING COMPLIANCE REPORT DATE: September 30, 2019 TO: Roberta Stewart, BVA Development FROM: Kevin Holmes, Current Associate Planner SUBJECT: The Crave at TM Crossing - ALT, DES, CZC (A-2019-0295) SCS Investments LLC, Tomlinson Trust & DWT Investments OWNER: DESCRIPTION OF APPLICANT'S REQUEST The applicant, Roberta Stewart of BVA Development, requests Certificate of Zoning Compliance (CZC) and Design Review (DES) approval of the Crave Food Complex, a kitchen and delivery service. The building is single-level and 15,000 square feet, with two drive-thru lanes for Crave drivers only. The building has a single owner with no individual suites or units for rent or purchase. The development is located on two acres of land in the C-G zoning district. The applicant is also requesting Alternative Compliance to the standards listed in UDC 11-3B- 8C.d that requires one tree per parking lot landscape island. Per this standard, three trees are required. There is sewer easement that encompasses the area the landscape islands are located and the City of Meridian easement agreement does not allow trees within their easement. As such, the applicant proposes that five trees (above what is required by code) be added near the entrance of the development on the south side of the development. The site is located on Lots 1, 2, 3, & 4, Block 2 of TM Crossing Subdivision. FINDINGS FOR ALTERNATIVE COMPLIANCE REQUEST TO UDC 11-3B-8C: 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 Strict adherence to the UDC requirement for trees to be planted in the three northern parking lot landscape islands is not feasible due to the existence of a sewer easement which encompasses the full width of the area; the City of Meridian explicitly forbids trees within this easement. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and The Director finds the Applicant’s proposed alternative compliance provides an equal means of compliance with this requirement. 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 intended use/character of the surrounding properties. Conditions Document 2 The Crave at TM Crossing - ALT, DES, CZC - A-2019-0295 DECISION The applicant's request for Certificate of Zoning Compliance, 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 proposed building is located over a property line created by a property boundary adjustment in 2019 (A-2019-0009). Should this property line need to be adjusted to meet building code requirements, the applicant shall submit a Property Boundary Adjustment application to the City of Meridian Planning Division. 2. 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. Process Conditions of Approval 1. Per UDC 11-5B-5B2, the Director (at the applicant's request) approved alternative compliance regarding the landscaping of internal parking lot islands, UDC 11-3B-8C.d. 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 August 26, 2019, labeled “Site Plan”, is approved by the City of Meridian Planning Division as shown in Exhibit B. 6. The landscape plan prepared by Baer Design Group on August 26, 2019, labeled “CZC Landscape Plan”, is approved by the City of Meridian Planning Division as shown in Exhibit C. 7. The elevations prepared by Chrysalis Architecture on September 4, 2019, labeled “Conceptual 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. Conditions Document 3 The Crave at TM Crossing - ALT, DES, CZC - A-2019-0295 12. 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 (AZ 12-005, PP 12-003, DA #2016-062220, DA #2017-051907, DA #2019-011700) 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 standards in UDC 11-3A-3. 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 October 15, 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 September 30, 2020. Conditions Document 4 The Crave at TM Crossing - ALT, DES, CZC - A-2019-0295 EXHIBITS A: Vicinity Map B: Site Plan (dated: August 26, 2019) C: Landscape Plan (dated: August 26, 2019) D: Elevations (dated: September 4, 2019) Conditions Document 5 The Crave at TM Crossing - ALT, DES, CZC - A-2019-0295 Exhibit A: Vicinity Map Conditions Document 6 The Crave at TM Crossing - ALT, DES, CZC - A-2019-0295 Exhibit B: Site Plan (dated: August 26, 2019) Conditions Document 7 The Crave at TM Crossing - ALT, DES, CZC - A-2019-0295 Exhibit C: Landscape Plan (dated: August 26, 2019) Conditions Document 8 The Crave at TM Crossing - ALT, DES, CZC - A-2019-0295 Exhibit D: Elevations (dated: September 4, 2019)