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Shohet Office Building CZC, DES, ALT (A-2021-0030) Page 1 DATE: 2/23/2021 TO: Kristy Shohet FROM: Stacy Hersh, Assistant Planner 208-884-5533 SUBJECT: A-2021-0030 Shohet Office Building CZC, DES, ALT LOCATION: 2549 N. Stokesberry Place I. PROJECT DESCRIPTION The applicant, Kristi Shohet, requests Certificate of Zoning Compliance (CZC), Design Review (DES), and Alternative Compliance (ALT) approval to construct a 5,000 square foot, single-story office building on 0.46 acres of land in the L-O Zoning district. II. 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. ALTERNATIVE COMPLIANCE REQUEST The applicant is also requesting Alternative Compliance to the standards listed in UDC 11- 3B-7C.b that requires one tree per 35 linear feet within the landscape buffer along streets. Per this standard, only two trees are required. Because there is a storm drain easement that encompasses the full width of the buffer and the Ada County Highway District (ACHD) does not allow trees within their easement, the applicant proposes the two trees to be relocated slightly north of the easement but still between the building and the street. CERTIFICATE OF ZONING COMPLIANCE REPORT COMMUNITY DEVELOPMENT DEPARTMENT Page 2 FINDINGS FOR ALTERNATIVE COMPLIANCE REQUEST TO UDC 11-3B-7C: 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 street landscape buffer of the site adjacent to the local road is not feasible due to the existence of a storm drain easement which encompasses the full width of the buffer; ACHD explicitly forbids trees within this easement. 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. 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. 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. Business hours of operation within the L-O zoning district shall be limited from 6 am to 10 pm 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 landscape buffer along streets, UDC 11-3B-7C.b. 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 James Gipson Architect on October 3, 2019, labeled A1, is approved by the City of Meridian Planning Division as shown in Exhibit A with the following conditions:  Per UDC 11-3B-8.C., a five-foot wide minimum landscape buffer adjacent to parking on the east side of the parking lot is required (buffer currently shows 4’-5 ½” wide on the site plan); the changes noted above shall be incorporated on the plans submitted with the building permit application.  Per UDC 11-3C-5.B.3., all off street parking areas shall be provided with a substantial wheel restraint on the east side of the parking lot to prevent cars from encroaching into the abutting landscape buffer; the changes noted above shall be incorporated on the plans submitted with the building permit application. Page 3 8. The landscape plan prepared by James Gipson Architect on October 3, 2009, labeled A13, is approved by the City of Meridian Planning Division as shown in Exhibit B with the following conditions:  The landscape buffer on the east side of the parking lot shall be revised to depict a five- foot wide landscape buffer to reflect the site plan; the changes noted above shall be incorporated on the plans submitted with the building permit application. 9. The elevations prepared by James Gipson Architect on October 3, 2009, labeled A10 and A11, 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. 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-00-007; PP-00-007; FP-00-014; CUP-00-0020). 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. 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 March 10, 2021, 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. Page 4 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 February 23, 2022. Page 5 V. EXHIBITS A. Site Plan (date: 10/3/2019) Page 6 B. Landscape Plan (date: 10/3/2019) Page 7 C. Building Elevations (date: 10/3/2019)