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Eldorado 72K Office Building CZC, DES, ALT (A-2020-0220) Page 1 DATE: 12/16/2020 TO: Brad Marczuk Larson Architects FROM: Stacy Hersh, Assistant Planner 208-884-5533 SUBJECT: A-2020-0220 Eldorado 72K Office Building LOCATION: 1800 S. Bonito Way I. PROJECT DESCRIPTION The applicant, Brad Marczuk, requests Certificate of Zoning Compliance (CZC), Administrative Design Review (DES), and Alternative Compliance (ALT) to construct a 72,000 square-foot office building with site improvements on 5.63 acres of land in the C-C zoning district. ALTERNATIVE COMPLIANCE REQUEST The applicant has submitted a request for alternative compliance in accord with Table 11-5B-5. UDC Table 11-5B-5 allows an application for alternative compliance for maximum building height found in UDC 11-2B-3. 1. The applicant is seeking to increase the maximum building height from 50’ to 58”. The applicant is proposing to install additional open space and additional amenities in the form of two large plazas at the main entrances, a large open space in the common area to the southwest that connects to the 6’ pathway to the adjacent sidewalks and building. Additionally, the exterior balconies located on the 3rd floor of the building for employee use. After reviewing the applicant’s request, staff finds the proposal to install additional open space and additional site amenities as shown on the landscape plan on Exhibit B meet the intent of the Unified Development Code and contributes to a cohesive and attractive design of the development. Therefore, the proposed increase in maximum building height is approved. FINDINGS FOR ALTERNATIVE COMPLIANCE REQUEST TO UDC 11-2B-3: CERTIFICATE OF ZONING COMPLIANCE REPORT COMMUNITY DEVELOPMENT DEPARTMENT Page 2 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 Staff finds that Finding 1 does not apply due to the fact that the proposed additional open space meets the requirements of Finding 2. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and The Director finds the proposed additional open space and site amenities contributes to the overall design of the development. The proposed pedestrian pathway will contribute to the overall attractiveness and walkability of the commercial center. 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. II. 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. Site Specific Conditions of Approval 1. Prior to building permit submittal, a property boundary adjustment between parcels R1022760310 and R1022760301 shall be submitted to the Planning Department in accord with UDC 11-6B-8. The property boundary adjustment shall be recorded prior to issuance of Certificate of Occupancy. 2. 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. 3. Per UDC 11-5B-5B2, the Director (at the applicant's request) approved alternative compliance regarding the maximum building height, UDC 11-2B-3. 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 plan prepared by Larson Architects, P.A. on November 2, 2020, labeled SP-1.0, is approved by the City of Meridian Planning Division as shown in Exhibit A with the following conditions: Page 3  Per UDC Table 11-3C-5, all two-way drive aisles are required to be 25-feet; the drive aisle on the west side of the parking lot is currently measured as 24’- 9”(marked in red). The changes noted above shall be incorporated on the plans submitted with the building permit application. 8. The landscape plan prepared by KM Engineering on December 2, 2020, labeledL1.0, L2.0, L3.0, and L4.0, are approved by the City of Meridian Planning Division as shown in Exhibit B with the following notations:  Per UDC 11-3B-10, existing trees that are retained shall be protected from damage to bark, branches, and roots during construction; severely damaged trees shall be replaced in accord with subsection C5 of this section. 9. The elevations prepared by Larson Architects, P.A. on June 29, 2020, labeled A-5.0 and A-5.1, are approved by the City of Meridian Planning Division as shown in Exhibit C. 10. The approved site plan, landscape plan and/or elevations may not be altered without prior written approval of the City of Meridian Planning Division. 11. The applicant shall pay any applicable impact fees prior to the issuance of a building permit. 12. 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. 13. 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. 14. 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. 15. Prior to Certificate of Occupancy, the applicant shall record a cross-access/ingress-egress easement to adjoining properties (R1022760310, R1022760301, R1022760332, R1022760341, R1022760351, R1022760365, and R1022760294) and submit copy of said easement to the Planning Division in accord with the provisions of UDC 11-3A-3A2. 16. 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. 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 project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site (AZ-01-018, DA #103020830; PP-01-020; CUP-01-037; FP-03- 010). 3. The issuance of this CZC does not release the applicant from any previous requirements of the other permits issued for the site. Page 4 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 shall have an ongoing obligation to maintain all pathways. 6. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 7. 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. 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 December 31, 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 December 16, 2021. Page 5 V. EXHIBITS A. Site Plan (date: 11/2/2020) Page 6 B. Landscape Plan (date: 12/2/2020) Page 7 Page 8 C. Building Elevations (date: 11/2/2020)