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VillaSport CZC, DES, ALT A-2019-0318Conditions Document 1 VillaSport - CZC and DES - A-2019-0318 CERTIFICATE OF ZONING COMPLIANCE REPORT DATE: February 7, 2020 TO: Randy Black, Landbaron Investments Vince Taboada, ELS Architecture + Urban Design FROM: Stacy Hersh, Assistant City Planner SUBJECT: VillaSport – CZC, DES (A-2019-0318) Sadie Creek Commons, LLC; VillaSport, LLC OWNER: DESCRIPTION OF APPLICANT'S REQUEST The applicant, Randy Black, requests Certificate of Zoning Compliance (CZC), Administrative Design Review (DES), and Alternative Compliance (ALT) approval to construct a new 2-story 91,000 square foot indoor/outdoor recreation fitness facility and spa on 10.18 acres of land in the C-G zoning district. The site is located at 3100 N. Centrepoint Way. ALTERNATIVE COMPLIANCE REQUEST The applicant is requesting alternative compliance to the standards set forth in UDC 11-3B-7 (Landscape Buffers Along Streets) and UDC 11-3B-8C (Parking Lot Landscaping) that requires one tree per 35 linear feet and scrubs, lawn, or other vegetative ground cover as well as trees required in the parking lot islands. 1. Due to the Milk Lateral and associated irrigation easement that runs parallel to Eagle Road, turning west and bisecting the property, Nampa & Meridian Irrigation District (NMID) will not allow any trees to be planted within the easements. Per this standard, four (4) trees are required. The applicant is proposing the following:  The applicant is proposing to add the additional trees to the landscape buffers as well as 1,727 shrubs, ornamental grasses, and perennials throughout the site as shown on the landscape plan in Exhibit C. 2. The applicant would like to deviate from installing trees in three (3) of the parking lot planters due to two (2) free standing signs placed in the parking lot planters next to the entrances on the west and south of the site. Additionally, the applicant requests that the evergreen tree in the planter island adjacent to the building at the main entrance to VillaSport remain to match its counterpart in the landscape planter directly across to create symmetry. This evergreen tree is a signature entry tree located at all other VillaSports throughout the country.  The applicant is proposing to add the additional trees to the landscape buffers as well as 1,727 shrubs, ornamental grasses, and perennials throughout the site as shown on the landscape plan in Exhibit C. After reviewing the applicant’s request, staff finds the proposal meets the intent of the Unified Development Code. Therefore, the proposed site design is approved. FINDINGS FOR ALTERNATIVE COMPLIANCE REQUEST TO UDC -3B-7 AND UDC-3B-8C: Conditions Document 2 VillaSport - CZC and DES - A-2019-0318 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 required landscape buffers and parking lot islands is not feasible due to the existence of Nampa & Meridian Irrigation District (NMID) easements that runs parallel to Eagle Road turning west and bisecting the property; NMID explicitly forbids trees within these easements. Strict adherence to the UDC requirements for approved trees to be planted in the required parking lot landscape islands is feasible but not desirable for the applicant due to the placement of the freestanding signs and the VillaSport signature evergreen tree adjacent to the building at the front sidewalk. 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. DECISION The applicant's request for Certificate of Zoning Compliance , Administrative Design Review, and Alternative Compliance are 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. General Conditions of Approval 1. 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval. Applicant shall also include the location of any existing street lights in the development plan set. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC.  A street light plan will need to be included in the building’s permit application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can be found at . https://meridiancity.org/land/Design%20Standards%20- %20COM%20Adopted%20Final_5-19-16%20-%20CM.pdf. 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. Conditions Document 3 VillaSport - CZC and DES - A-2019-0318 2. Business hours of operation shall be limited to the following:  The hours of operation of the athletic club and spa are limited to the hours between 4:00 am and midnight (12:00 am) for all indoor activities.  The outdoor event or activity center, which includes but not limited to the swimming pools shall operate only between the hours of 5:00 am to 11:00 pm as set forth in UDC 11-4-32A.2 with the outdoor music limited to the hours between 9:00 am to 9:00 pm.  The water slide with the associated swimming pool shall close at 9:00 pm (the pool may stay open until 11:00 pm). 3. The applicant shall conform to the requirements for street lights along state highways as set forth in UDC 11-3H-4. 4. All ground-level mechanical equipment must be screened to the height of the unit as viewed from the property line; all rooftop mechanical equipment must be screened as viewed from the farthest edge of the adjoining right-of-way. Process Conditions of Approval 1. Per UDC 11-5B-5B2, the Director (at the applicant's request) approved alternative compliance regarding the landscape buffers along streets and the parking landscaping, UDC 11-3B-7 and UDC 11-3B-8C. 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 applicant shall contact Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to confirm mitigation requirements prior to removal of any trees on the site. 6. The site plan prepared by The Land Group on December 12, 2019, labeled C1.00, C1.01, C1.02, C1.03, C1.04, C 1.05 and C1.50 , are approved by the City of Meridian Planning Division as shown in Exhibit B. 7. The landscape plan prepared by The Land Group on December 12, 2019, labeled L1.00, L1.01, L1.02, L1.03, L1.04, L1.05, and L1.50, are approved by the City of Meridian Planning Division as shown in Exhibit C. 8. The elevations prepared by ELS Architecture + Urban Design on October 10, 2019, labeled A6, A7, and A8 , are approved by the City of Meridian Planning Division as shown in Exhibit D. 9. The approved site plan, landscape plan and/or elevations may not be altered without prior written approval of the City of Meridian Planning Division. 10. The applicant shall pay any applicable impact fees prior to the issuance of a building permit. 11. 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. Conditions Document 4 VillaSport - CZC and DES - A-2019-0318 12. 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. 13. Prior to Certificate of Occupancy, the applicant shall record a public access easement for the multi-use pathway along SH 55 (Eagle Road) and submit copy of said easement to the Planning Department. 14. 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-05-052; VAR-05-022; H-2018-0121, DA #2019-060877, PBA A-2018-0361, H-2019-011, H-2019-0032). 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. 9. The applicant and/or assigns shall have the continuing obligation to meet the specific use standards for arts, entertainment, or recreations facility indoors and outdoors as set forth in UDC 11-4-3-2. 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 24, 2020, 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 5 VillaSport - CZC and DES - A-2019-0318 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 February 7, 2021. EXHIBITS A: Vicinity Map B: Site Plan (dated: December 12, 2019) C: Landscape Plan (dated: December 12, 2019) D: Elevations (dated: October 10, 2019) Conditions Document 6 VillaSport - CZC and DES - A-2019-0318 Exhibit A: Vicinity Map Conditions Document 7 VillaSport - CZC and DES - A-2019-0318 Exhibit B: Site Plan (dated: December 12, 2019) Conditions Document 8 VillaSport - CZC and DES - A-2019-0318 Conditions Document 9 VillaSport - CZC and DES - A-2019-0318 Conditions Document 10 VillaSport - CZC and DES - A-2019-0318 Conditions Document 11 VillaSport - CZC and DES - A-2019-0318 Exhibit C: Landscape Plan (dated: December 12, 2019) Conditions Document 12 VillaSport - CZC and DES - A-2019-0318 Conditions Document 13 VillaSport - CZC and DES - A-2019-0318 Conditions Document 14 VillaSport - CZC and DES - A-2019-0318 Conditions Document 15 VillaSport - CZC and DES - A-2019-0318 Exhibit D: Elevations (dated: October 10, 2019) Conditions Document 16 VillaSport - CZC and DES - A-2019-0318