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Verraso Village #4 - CZC, DES A- A-2020-0089 Conditions Document 1 Verraso Village North - CZC, DES & ALT - A-2017-0110 CERTIFICATE OF ZONING COMPLIANCE REPORT DATE: May 19, 2020 TO: Chad Olsen FROM: Alan Tiefenbach, Associate City Planner SUBJECT: Verraso Village North - CZC, DES, ALT (A-2020-0089) The Naler Group, LLC OWNER: DESCRIPTION OF APPLICANT'S REQUEST The applicant, Chad Olsen, requests Certificate of Zoning Compliance (CZC) and Design Review (DES) approval of a 32-unit multi-family development on 1.7 acres of land in the C-G zoning district. Alternative Compliance is requested to UDC 11-3B-7C.1b which requires a minimum 5-foot wide area to be provided for planting shrubs and trees where a street buffer is encumbered by easements or other restrictions. There is a 20-foot wide public utilities, irrigation, drainage, access and right-of-way easement that exists along the frontage of the site on N. Records Avenue. Due to the site layout and the location of structures, there is not adequate area at the back side of the easement to provide an additional 5-foot for trees; bushes are allowed within the easement. As an alternative, the applicant proposes to plant the required trees in a common area at the south instead. The site is located at 3543 E. Tecate Lane. DECISION The applicant's request for Certificate of Zoning Compliance and Design Review 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. ALTERNATIVE COMPLIANCE REQUEST TO UDC 11-31-19.2A: In order to grant approval for alternative compliance, the Director shall determine the following findings: Conditions Document 2 Verraso Village North - CZC, DES & ALT - A-2017-0110 1. Strict adherence or application of the requirements is not feasible; OR Due to a ACHD 20 -foot wide public utilities, irrigation, drainage, access and right-of- way easement that exists along the frontage of the site on N. Records Avenue, as well as the location and size of proposed structures, planting of trees along N. Records is not feasible. Planting of shrubs and grass will still occur in this area. The Director finds that strict adherence to the standards listed in UDC 11-3B-7C.1b is not feasible. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and The Applicant proposes to install the 5 required trees in the common area at the south perimeter of the property. This will result in a higher quality and more useable common open space. 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 as the required number of trees will still be provided, just in a different location on the site. Also, a similar request was approved for the right-of-way easement along Records Avenue for the Verraso Village #3, directly south of the site. DESIGN STANDARD EXCEPTIONS The Applicant also seeks Design Standard Exceptions from the following requirements of the Architectural Standards Manual: 1. R3.1E - Use any combination of material type, color variation, banding, stringcourse, or modulation to clearly distinguish between the ground level and upper stories. 2. R3.1F - Incorporate visually heavier and more massive elements or materials, such as stone or masonry, primarily at the base of buildings, and lighter elements and materials such as siding, above. This excludes columns, supports, modulated walls, architectural features, and roof elements. In order to grant approval for a design standard exception request, the Director will consider the following: 1. How the alternative means for compliance meets the intent and goals of the requested standard exemption, or how the alternative proposes to maintain a similar level of effort by exceeding other site and building standards. Conditions Document 3 Verraso Village North - CZC, DES & ALT - A-2017-0110 Applicants Response: The design submitted clearly employs “any combination of material type, color variation, …., or modulation “. It is also clear that the design modulation and use of materials and color not only separates the areas but is an example of a contemporary design where the entire elevation is a palette and not two separate elements. It is also well within the concept originally submitted and approved. I do feel that the only issue to be addressed is the use of “massive elements or materials, such as stone or masonry” at the base areas. We have used the Dark Metal in the garage elevation and the right side base level. The use of Stone or masonry is not appropriate to this more contemporary design and is usually a part of the more “Craftsman” style or some derivation thereof which has been widely used. In addition, the conceptual design that was originally approved did not have any stone or masonry. The Director finds that the proposed exceptions will not be detrimental to the public welfare or impair the intended use/character of the surrounding properties. The architectural design as proposed meets the intent of the Architectural Standards Manual, and it is unlikely these two design principles could be met without significant cost and redesign. The proposed elevations substantially comply with what was approved by the Planning Commission at their 10/24/2019 conditional use hearing. Site Conditions of Approval 1. The architecture and design of Buildings B & D shall be consistent in terms of quality and features as is shown on the black and white elevations for Buildings A & C, dated May 15, 2020. Modifications to these elevations shall be reviewed and approved with the building permit submittal. 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. The site, landscape plans and elevations included in Exhibits B & C are approved by the City of Meridian Planning Division. 4. The multi-family development shall record a legally binding document that states the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures, parking, common areas, and other development features as set forth in UDC 11-4-3-27F. A recorded copy of said document shall be submitted to the Planning Division prior to issuance of the first Certificate of Occupancy for the development. Process Conditions of Approval 1. Per UDC 11-5B-5B2, the Director (at the applicant's request) approved alternative compliance regarding the street buffer landscaping along N. Records Avenue. Conditions Document 4 Verraso Village North - CZC, DES & ALT - A-2017-0110 2. Per Section A of the City of Meridian Architectural Standards Manual, the Director (at the applicant's request) has approved a Design Exception to R3.1E and R3.1F of the Manual. 3. 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. 4. 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. 5. 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. 6. The elevations prepared by Encompass, Inc on August May 15, 2020, are approved by the City of Meridian Planning Division as shown in Exhibit D. 7. The approved site plan, landscape plan and/or elevations may not be altered without prior written approval of the City of Meridian Planning Division. 8. The applicant shall pay any applicable impact fees prior to the issuance of a building permit. 9. 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. 10. 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. 11. 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 Conditions Document 5 Verraso Village North - CZC, DES & ALT - A-2017-0110 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 project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site (H-2019-0073, H-2019-0105, H-2018-0071, H- 2019-0105; DA Instrument No. 106137048; AZ-05-061). 3. The issuance of this CZC does not release the applicant from any previous requirements of the other permits issued for the site. 4. 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. 5. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 6. 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. 7. 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 11-4-3-27 for multi-family developments. 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 June 5, 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 May 21, 2021. EXHIBITS Conditions Document 6 Verraso Village North - CZC, DES & ALT - A-2017-0110 A: Vicinity Map B: Site Plan (dated: June 11, 2019) C: Landscape Plan (6/28/2019) D: Elevations (dated: 5/15/2020) Conditions Document 7 Verraso Village North - CZC, DES & ALT - A-2017-0110 Exhibit B: Site Plan (dated: 6/19/2019) Conditions Document 8 Verraso Village North - CZC, DES & ALT - A-2017-0110 Exhibit C: Landscape Plan (dated: 6/28/2019) Conditions Document 9 Verraso Village North - CZC, DES & ALT - A-2017-0110 Exhibit D: Elevations (dated: 5/15/2020)