Pine 43 Apartments CZC A-2020-0143
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DATE: 8/17/2020
TO: Benjamin Fierstein,
The Burrell Group
FROM: Stacy Hersh, Assistant Planner
208-884-5533
SUBJECT: A-2020-0143
Pine 43 Apartments
LOCATION: 1018 N. Webb Way
I. PROJECT DESCRIPTION
The applicant, Benjamin Fierstein, requests Certificate of Zoning Compliance (CZC) approval to
propose an enhancement to a segment of the Jackson Drain on 26.17 acres of land in the R-40
zoning district.
NOTE: The applicant is proposing to pipe approximately 150-feet of the Jackson Drain on the
western side of the Pine 43 Apartments property to improve accessibility between the northern and
southern areas of the site. This will improve the safety of the areas adjacent to the Jackson Drain
due to the very steep slope that runs along the drain on the west portion of the site. The piping of
this segment of the Jackson Drain will also greatly improve the property owner’s ability to
maintain the vegetation bordering the drain. The portion of the Jackson Drain that is not to be
piped will have the bottom of the drain raised to reduce side slopes and to improve water flow in
the drain.
The enhancements to the site allow the Jackson Drain to be considered a water amenity. Slopes
have been reduced to no greater than one (1’) vertical per every four (4’) horizontally. Flows in the
Jackson Drain are not seasonal and are infrequent. The normal water depth is estimated to be no
greater than 0.25-feet with a maximum velocity of 0.5 feet per second. The product of these values,
0.125 feet squared per second, is well below the allowable maximum of 4.
II. DECISION
The applicant's request for Certificate of Zoning Compliance 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
CERTIFICATE OF ZONING
COMPLIANCE REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
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that process before you commence the use or construction. Please contact Building Services for
additional details about building permits and inspections.
Site Specific 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.
2. The applicant shall tile all the Jackson Drain as set forth in UDC 11-3A-6A.
3. The development is required to record legally binding documents that state the
maintenance and ownership responsibilities for the management of the
development, including, but not limited to, structures, parking, common areas, and
other development features. The applicant shall provide this document to staff prior
to receiving approval for any certificate of occupancy.
4. 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.
5. 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.
6. 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.
7. The site drainage plan prepared by J-U-B Engineers, Inc. on May 7, 2020, labeled C-301 and , is
approved by the City of Meridian Planning Division as shown in Exhibit B.
8. The landscape plan prepared by Dekker Perich Sabatini Design on May 11, 2020, labeled LP101,
is approved by the City of Meridian Planning Division as shown in Exhibit C.
9. The approved site drainage plan and landscape plan 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. 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.
14. 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
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materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to
the ISPWC.
General 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-07-006, Ordinance #08-1348; RZ-07-010, DA
#108022893; PP-07-008; CUP H-2018-0001; CZC/DES A-2018-0199).
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 as set forth in UDC 11-4-3-27.
III. 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 August
September 1, 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.
IV. 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
August 17, 2021.
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V. EXHIBITS
A. Site Drainage Plan (date: 5/7/2020)
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B. Landscape Plan (date: 5/11/2020)