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Ten Mile Retail CZC, DES A-2021-0044 Page 1 DATE: 4/16/2021 TO: Kindi Moosman Horrocks Engineers, Inc. FROM: Stacy Hersh, Assistant Planner 208-884-5533 SUBJECT: A-2021-0044 Ten Mile Retail CZC, DES LOCATION: 755 S. Vanguard Way I. PROJECT DESCRIPTION The applicant, Kindi Moosman, requests Certificate of Zoning Compliance (CZC) and Administrative Design Review (DES) approval to construct a 6,000 square foot one-story multi-tenant commercial shell building with a shared patio and drive-through establishment on 3.23 acres of land in the C-C zoning District. II. DECISION The applicant's request for Certificate of Zoning Compliance and Design review 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. This project is part of the Ten Mile Center Subdivision plat, all plat improvements must be completed prior to certificate of occupancy; otherwise, the entire lot is required to include the frontage improvements. 2. This approval is for the multi-tenant commercial shell only, subsequent approvals 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. 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. CERTIFICATE OF ZONING COMPLIANCE REPORT COMMUNITY DEVELOPMENT DEPARTMENT Page 2 4. 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. 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 Horrocks Engineers on February 3, 2021, labeled CZC-1, is approved by the City of Meridian Planning Division as shown in Exhibit A. 8. The landscape plan prepared by Baer Design Group, LLC on April 5, 2021, labeled L1.0 and L1.1, are approved by the City of Meridian Planning Division as shown in Exhibit B. 9. The elevations prepared by Cushing Terrell on February 19, 2021 and April 7, 2021, labeled A001 and A-01, 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. If the subject property is part of a final plat that has not yet recorded, the applicant shall be responsible for all plat improvements prior to release of Certificate of Occupancy for the first structure within such plat. 15. Prior to Certificate of Occupancy, the applicant shall record a cross-access/ingress-egress easement to adjoining properties to the west and south (within the proposed Ten Mile Center Subdivision plat) 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-14-001, DA #2014-065514; H-2020-00114). 3. The issuance of this CZC does not release the applicant from any previous requirements of the other permits issued for the site. Page 3 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. 8. The applicant and/or assigns shall have the continuing obligation to meet the specific use standards for a drive-through establishment and a restaurant as set forth in UDC 11-4-3-11 and UDC 11-4-3-49. 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 May 1, 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. 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 April 16, 2022. Page 4 V. EXHIBITS A. Site Plan (date: 2/3/2021) Page 5 B. Landscape Plan (date: 4/5/2021) Page 6 C. Building Elevations (date: 4/7/2021)