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Speedy Quick CZC,DES A-2020-0135CZC Staff Report (2) Page 1 DATE: 5/5/2021 TO: Matthew Mcanulty Neudesign Architecture FROM: Alan Tiefenbach, Associate Planner 208-884-5533 SUBJECT: A-2020-0135 Speedy Quick CZC, DES, ALT LOCATION: 2560 S. Meridian Rd I. PROJECT DESCRIPTION The applicant, Matthew Mcanulty, requests Certificate of Zoning Compliance (CZC) and Design Review (DES) approval to allow exterior renovations to an existing 1,700 sq. ft. building, improvements and landscaping associated with a new 27 space parking lot, outdoor parking yard and new 2,500 sq. ft. storage building. The proposed use is a dispatch center for a mobile services business. The subject property is zoned Limited Office District (L-O) which allows a dispatch center for mobile services by conditional use permit. A conditional use permit was approved for this use on June 6, 2017 (H-2017-0031). Two of the conditions of approval were as follows: 1. Prior to issuance of any certificate of zoning compliance for the property, the applicant shall provide a copy of ITD’s approval to utilize the existing access to S. Meridian Road. 2. The applicant shall obtain ITD approval for landscaping in the ROW and shall provide proof of this approval prior to certificate of occupancy for any structures on the property. The applicant has subsequently submitted these letters from ITD although these letters have expired. This project includes a proposal for a new, approximately 2,500 sq. ft. storage building at the southwest corner of the property. The proposed building would likely not meet many of the ASM requirements in regard to minimum fenestration, mixture of materials and colors, pedestrian detailing, etc. However, the majority of the ASM standards apply to “sides of a building façade facing public roadways, that are visible from residential neighborhoods or public spaces, or facing the public entry of an adjacent building.” The proposed storage building is more than 180 feet back from S. Meridian Rd. is only partially visible briefly when traveling along S. Meridian Rd and is mostly behind the existing building. It would be visible from the public entry of the veterinarian office to the south, but two cellular towers are CERTIFICATE OF ZONING COMPLIANCE REPORT COMMUNITY DEVELOPMENT DEPARTMENT Page 2 between the building and this entrance. The top half of this building would likely be visible from the second floor of some of the adjacent residences to the east but the bottom half of it will be surrounded by a 6’ solid fence and trees. Based on this, staff did not believe a design exception was necessary, but requested the applicant add additional trees to the landscape island in the viewshed of the building from S. Meridian Blvd, and on the outside of the fence west of the building. Staff also recommended two additional windows at the eastern side facing the residences, and two windows and a canopy at the northern elevation. The applicant has complied with this request. II. DECISION The applicant's request for Certificate of Zoning Compliance, Design Review and Alternative 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 that process before you commence the use or construction. Please contact Building Services for additional details about building permits and inspections. ALTERNATIVE COMPLIANCE REQUEST TO UDC 11-3A-19: The applicant is seeking Alternative Compliance approval from UDC 11-2B-3 which requires a 20’ landscape buffer to residential properties at the north and east to allow a reduction in these buffers to 5’ in width. 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. In regard to the property to the north, the Applicant’s letter states although providing the buffer may be feasible, it is not practical as the property to the north (105 E. Rosalyn Dr) contains only one single family home more than 250 feet away, and the Kennedy Lateral runs between the two properties. Also, the applicant notes increasing the northern buffer from 5’ to 20’ would result in a significant redesign of the parking area and possibly a loss of parking spaces. Regarding the property to the east, the applicant notes the property directly adjacent is an open space tract owned by the Larkspur No 2 HOA with the closest house being more than 50’ away on the other side of that tract. The applicant proposes to install 6’ high vinyl fencing along the north and east property lines, and will still provide the required 1 tree per 35’ of frontage. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and; As mentioned above, the applicant has noted he intends to install fencing with the same required amount of trees along the property lines. Given the distance of the house to the north and the closest house to the east being on the other side of a large open space tract, requiring the additional 15’ would provide limited benefit. 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of surrounding properties. As mentioned above, the applicant has noted due to the distance to the closest residence at the north and east, the existing conditions, and that he still intends to provide the same amount of landscaping, the alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of surrounding properties. Page 3 Staff agrees with the applicant that requiring the additional 15’ of buffer and significant redesign of an office property for the benefit of one house more than 250 feet away and an HOA open space tract is probably excessive, the fencing and landscaping would still provide the intended buffering, and the request would probably not be detrimental to the public welfare. However, staff notes based on a length of 168 feet, 5 trees are required along the eastern property line whereas only 4 are shown. This is being added as a condition of approval and will be reviewed for compliance with the building permit. Site Specific Conditions of Approval 1. Prior to building permit, the applicant shall grant cross access easements to the northern and southern properties in accord with Development Agreement Inst. #105098809. 2. Per Development Agreement Inst. #105098809, when redevelopment of the property to the north or south allows alternate access to the site, vehicular access from Meridian Rd to the subject property shall terminate. 3. The site plan and landscape plan shall be revised to reflect the proposed storage building at the southeast portion of the property meeting the 10’ side setback. 4. The site plan prepared by Neudesign Architecture on March 1, 2021, labeled “Site Plan” is approved by the City of Meridian Planning Division as shown in Exhibit A with the revision as indicated in No 3 above. 5. The landscape plan prepared by Neudesign Architecture on March 3, 2021, labeled “Landscape Plan, is approved by the City of Meridian Planning Division as shown in Exhibit B with revision as indicated in No 3 above. 6. The elevations prepared by Neudesign Architecture on February 1, 2021, labeled “Elevations” are approved by the City of Meridian Planning Division as shown in Exhibit D. 7. 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. 8. Prior to building permit, the applicant shall obtain updated ITD approval for landscaping in the ROW. 9. Business hours of operation within the L-O and C-N districts shall be limited from 6 am to 10 pm as set forth in UDC 11-2B-3A4. 10. Per UDC 11-5B-5B2, the Director (at the applicant's request) approved alternative compliance to allow 5’ residential landscape buffers to the north and east where 20’ is required. 11. Per UDC 11-3C-5, except as otherwise provided in this section, all off street parking areas shall be provided with a substantial wheel restraint to prevent cars from encroaching upon abutting private and public property or overhanging beyond the designated parking stall dimensions. 12. 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. 13. 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. 14. 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. 15. The approved site plan, landscape plan and/or elevations may not be altered without prior written approval of the City of Meridian Planning Division. 16. The applicant shall pay any applicable impact fees prior to the issuance of a building permit. Page 4 17. If any changes must be made to the site plan to accommodate ACHD or ITD 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. 18. 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. 19. 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. 20. 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. 21. 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 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 subject property adjoins a state highway; access to the state facility is restricted as set forth in UDC 11-3H-4B. 3. The subject property adjoins a state highway; the only approved access to the state highway is as shown in the access permit issued by ITD (permit #3-20-258). 4. The applicant shall comply with the outdoor storage as an accessory use standards as set forth in UDC 11-3A-14. 5. The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site [H-2017-0031, DA Inst. #105098809, AZ 05-009]. 6. The issuance of this CZC does not release the applicant from any previous requirements of the other permits issued for the site. 7. 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. 8. The applicant shall have an ongoing obligation to maintain all pathways. 9. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. Page 5 10. 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. II. 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 26, 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. III. 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 May 5, 2022). IV. EXHIBITS Page 6 A. Site Plan (date: 3/1/2021) Page 7 B. Landscape Plan (date: 3/3/2021) C. Fencing Detail (date: 4/16/200) Page 8 D. Building Elevations (date: February 1, 2021) Page 9 D.1 Storage Building Elevations (date: February 9, 2021) East View