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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)