Ten Mile Plaza CZC, DES, ALT (A-2020-0027)Conditions Document
1
Ten Mile Plaza – CZC, DES, ALT - A-2020-0027
CERTIFICATE OF ZONING COMPLIANCE
REPORT
DATE:
March 2, 2020
TO:
Adam Garcia, Houston-Bugatsch Architects, Chartered
FROM:
Stacy Hersh, Current Assistant Planner
SUBJECT:
Ten Mile Plaza – CZC, DES, ALT (A-2020-0027)
Fluid Real Estate Investments LLC & EJS LLC
OWNER:
DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Adam Garcia, requests Certificate of Zoning Compliance (CZC), Administrative
Design Review (DES), and Alternative Compliance (ALT) approval to construct a new 6,198
square foot building on 2.01 acres of land in the C-G zoning district.
The site is located at 3110 W. Quintale Drive.
ALTERNATIVE COMPLIANCE REQUEST
The applicant is requesting alternative compliance to the standards set forth in UDC 11-3B-
8C.2.d that requires one tree per parking lot landscape island. Per this standard, two trees are
required.
1. Due to the stormwater facility that encompasses the two (2) parking lot landscape island
planters in front of the building, the City of Meridian restricts planting trees within these
easements. The applicant is proposing to plant the two (2) trees within the north
landscape buffer as shown in the approved landscape plan on 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-8C.2.D.:
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 parking
lot landscape islands is not feasible due to the existence of the stormwater facility; trees
are explicitly restricted within these easements.
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
Ten Mile Plaza – CZC, DES, ALT - A-2020-0027
DECISION
The applicant's request for Certificate of Zoning Compliance, Administrative Design Review,
and Alternative Compliance (ALT) are approved with the conditions listed in this report.
DECISION
The applicant's request for Certificate of Zoning Compliance, 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.
Site Conditions of Approval
1. Business hours of operation within the C-G zoning district 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. 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 interior parking lot planters, UDC 11-3B-8.2.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 Houston-Bugatsch Architects on December 9, 2019, labeled
AS1.0, is approved by the City of Meridian Planning Division as shown in Exhibit B.
6. The landscape plan prepared by Stack Rock Group on March 2, 2020, labeled L100, is
approved by the City of Meridian Planning Division as shown in Exhibit C with the
following conditions:
Any severely damaged tree must be replaced in compliance with UDC 11-3B10-
C.5.
The shared parking lot landscape island located to the north with the property to
the east shall include the required tree, shrubs, and vegetative ground cover prior
to Certificate of Occupancy of the Building.
7. The elevations prepared by Houston-Bugatsch Architects, Chartered on December 2,
2019, labeled A3.0, are approved by the City of Meridian Planning Division as shown in
Exhibit D.
Conditions Document
3
Ten Mile Plaza – CZC, DES, ALT - A-2020-0027
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.
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-01-003, DA #101117652; H-2019-0102, DA
#2019-121599).
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 the proposed use (drive through establishments and restaurants) as set
forth in UDC 11-4-3-11 and 11-4-3-49.
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
Conditions Document
4
Ten Mile Plaza – CZC, DES, ALT - A-2020-0027
before March 17, 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.
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 2, 2021.
EXHIBITS
A: Vicinity Map
B: Site Plan (dated: December 9, 2019)
C: Landscape Plan (dated: March 2, 2020)
D: Elevations (dated: December 2, 2019)
Conditions Document
5
Ten Mile Plaza – CZC, DES, ALT - A-2020-0027
Exhibit A: Vicinity Map
Conditions Document
6
Ten Mile Plaza – CZC, DES, ALT - A-2020-0027
Exhibit B: Site Plan (dated: December 9, 2019)
Conditions Document
7
Ten Mile Plaza – CZC, DES, ALT - A-2020-0027
Exhibit C: Landscape Plan (dated: March 2, 2020)
Conditions Document
8
Ten Mile Plaza – CZC, DES, ALT - A-2020-0027
Exhibit D: Elevations (dated: December 2, 2019)