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Wendy's CZC, DES (A-2021-0054) Report Page 1 DATE: 4/20/2021 TO: Cesar Segovia, DVAM FROM: Joe Dodson, Associate Planner 208-884-5533 SUBJECT: A-2021-0054 Wendy’s CZC, DES LOCATION: Project is located on Lot 5 of the Linder Village project, generally at 1467 W. Chinden Boulevard. I. PROJECT DESCRIPTION Cesar Segovia, the Applicant, requests approval of a new 2,524 square foot Wendy’s drive-through restaurant that is approximately 20' tall and includes 27 new parking stalls on 1.05 acres of land in the C-C zoning district. Note: The commercial plat (Linder Village) has yet to be recorded so no additional building permits will be released until the plat has been recorded. II. DECISION The applicant's request for CZC and DES 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. Site Specific Conditions of Approval 1. No signs are approved with this application. Prior to installing any signs on the property (including monument signs), 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 2. 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. 3. Off-street parking shall be provided in accord with the standards listed in UDC Table 11-3C-6B for Commercial development based on the gross floor area of the proposed building at a minimum ratio of 1 space per 500 square feet. 4. 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. 5. The site plan prepared by Rennison Design, dated April 9, 2021, labeled CZC Site Plan, is approved by the City of Meridian Planning Division as shown in Exhibit A. 6. The landscape plan prepared by Rennison Design, dated April 14, 2021, labeled CZC Landscape Plan, is approved by the City of Meridian Planning Division as shown in Exhibit B. 7. The elevations prepared by DVAM, dated April 14, 2021, labeled Exterior Elevations, are approved by the City of Meridian Planning Division as shown in Exhibit C. 8. The approved site plan, landscape plan, and/or elevations may not be altered without prior written approval of the City of Meridian Planning Division. 9. The applicant shall pay any applicable impact fees prior to the issuance of a building permit. 10. 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. 11. 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. 12. The Applicant shall comply with all previous ACHD conditions of approval. 13. The subject property is part of a plat that has not yet recorded—no building permit shall be issued until the plat has been recorded in accord with the recorded Development Agreement (2019-028376). 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: H-2017-0088; DA Inst. #2019-028376; and FP-2020-0004. 3. The subject property adjoins a state highway; access to the state facility is restricted as set forth in UDC 11-3H-4B. 4. The subject property adjoins a state highway; the only approved access to the state highway is that access approved through the recorded cross-access easement, recorded under instrument #2020-035128 and as shown on the Final Plat. 5. The issuance of this CZC does not release the applicant from any previous requirements of the other permits issued for the site. 6. 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. 7. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. Page 3 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 has a continuing obligation to comply with the Drive Through Establishment specific use standards as outlined in UDC 11-4-3-11. 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 5, 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 20, 2022. Page 4 V. EXHIBITS A. Site Plan (dated: 4/9/2021) Page 5 Page 6 B. Landscape Plan (date: 4/14/2021) Page 7 C. Building Elevations (dated: 4/14/2021) Page 8