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First Federal Bank CZC, DES, ALT A-2020-0078Conditions Document 1 First Federal Bank – CZC, DES, ALT - A-2020-0078 CERTIFICATE OF ZONING COMPLIANCE REPORT DATE: April 29, 2020 TO: Cameron Hale, Level 5 FROM: Stacy Hersh, Current Assistant Planner SUBJECT: First Federal Bank – CZC, DES, ALT (A-2020-0078) DWT Investments, LLC OWNER: DESCRIPTION OF APPLICANT'S REQUEST The applicant, Cameron Hale, requests Certificate of Zoning Compliance (CZC), Administrative Design Review (DES), and Alternative Compliance (ALT) approval to construct a 2,800 single story mortgage office building on 4.68 acres of land in the C-C zoning district. The site is located at 6357 N. Fox Run Way. 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. The applicant is proposing the following: 1. The parking lot island on the Northeast corner of the building contains a flagpole; the applicant has added this tree to the landscape buffer on the east. 2. The parking lot island on the Southwest corner of the building contains a light pole; the applicant has added this tree to the South in front of the parking stalls next to the building. 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 location of the light pole; however, strict adherence to the UDC is found to be feasible for the flagpole location but not desirable for the applicant. 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. Conditions Document 2 First Federal Bank – CZC, DES, ALT - A-2020-0078 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 future installation agreement for streetlights is required prior to building permit; please contact the Transportation and Utility Coordinator for additional information at (208) 898-5500. A street light plan will need to be included in the building permit application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. 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. Site Conditions of Approval 1. Property boundary adjustment (A-2019-0364) shall be recorded prior to issuance of Certificate of Occupancy. 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. 3. Business hours of operation within the C-C 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. 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. Conditions Document 3 First Federal Bank – CZC, DES, ALT - A-2020-0078 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. Existing trees shall be protected during construction per UDC 11-3B-10. 6. The site plan prepared by Forsgren Associates, Inc. on April 20, 2020, labeled “Sheet 1”, is approved by the City of Meridian Planning Division as shown in Exhibit B with the following comments/conditions.  Per the email confirmation received from Kittelson & Associates, Inc. (contractor hired by ITD), ITD will be responsible for installing the 10-foot pathway adjacent to this parcel along Chinden Boulevard summer of 2020. The pathway shall be completed prior to issuance of Certificate of Occupancy of the building.  This approval is for the First Federal Bank, the additional pad sites on this site shall be required to go through a formal approval process (Certificate of Zoning Compliance, Design Review, and Subdivision) with the City of Meridian Planning Division.  The property owner is currently coordinating with ITD and the adjacent property owner (Linder Village) to construct the new local road off N. Fox Run Way per the executed STARS Agreement with ITD. Right of way shall be contingent with the development of the property to the west or when the property owner subdivides or further develops the property. 7. The landscape plan prepared by Jensen Belts Associates on April 1, 2020, labeled L1 and L2, are approved by the City of Meridian Planning Division as shown in Exhibit C with the following conditions:  Per the email confirmation received from Kittelson & Associates, Inc., Brighton Corporation will be responsible for re-landscaping the required landscape buffer along Chinden Boulevard from the back of the pathway to the edge of the new 30-foot easement, as well as re-landscaping the required landscape buffer along N. Fox Run for this site. The landscape improvements shall be completed prior to issuance of Certificate of Occupancy of the building. 8. The elevations prepared by Praxis3 on April 16, 2020, labeled 2.1 and 2.2 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. 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 submit a public access easement for the multi-use pathway(s) to the Park's Department for approval by City Council and subsequent recordation. 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 Conditions Document 4 First Federal Bank – CZC, DES, ALT - A-2020-0078 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 subject property adjoins a state highway; access to the state facility is restricted as set forth in UDC 11-3H-4B. 3. The subject property adjoins a state highway; the only approved access to the state highway is as shown in Exhibit B. 4. The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site (AZ-13-005, DA #114009330; PP-13-008). 5. The issuance of this CZC does not release the applicant from any previous requirements of the other permits issued for the site. 6. 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. 7. The applicant shall have an ongoing obligation to maintain all pathways. 8. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 9. 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. 10. The applicant and/or assigns shall have the continuing obligation to meet the specific use standards for the proposed use as set forth in UDC 11-4-3-17, Financial Institution. 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 May 14, 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 April 29, 2021. Conditions Document 5 First Federal Bank – CZC, DES, ALT - A-2020-0078 EXHIBITS A: Vicinity Map B: Site Plan (dated: April 20, 2020) C: Landscape Plan (dated: April 1, 2020) D: Elevations (dated: April 16, 2020) Conditions Document 6 First Federal Bank – CZC, DES, ALT - A-2020-0078 Exhibit A: Vicinity Map Conditions Document 7 First Federal Bank – CZC, DES, ALT - A-2020-0078 Exhibit B: Site Plan (dated: April 20, 2020) Conditions Document 8 First Federal Bank – CZC, DES, ALT - A-2020-0078 Exhibit C: Landscape Plan (dated: April 1, 2020) Conditions Document 9 First Federal Bank – CZC, DES, ALT - A-2020-0078 Exhibit D: Elevations (dated: April 16, 2020)