Orchard Park Pad K CZC, DES A-2021-0119
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DATE: 7/8/2021
TO: Mandie Brozo, CSHQA
FROM: Joe Dodson, Associate Planner
208-884-5533
SUBJECT: A-2021-0119
Orchard Park Pad K CZC, DES
LOCATION: 6192 N. Linder Road
I. PROJECT DESCRIPTION
The applicant, Mandie Brozo of CSHQA, requests Certificate of Zoning Compliance (CZC) and
Administrative Design Review (DES) approval to construct new 5,000 square foot, 25' tall single
tenant commercial building with 50 parking stalls on a portion of 2.45 acres of land in the C-C zoning
district, on Lot 1 in the Linder Village Subdivision.
NOTE: A future tenant improvement application will officially establish the future use. However, both
the elevations and the site plan contemplate a restaurant use in the subject building which requires
additional parking above the standard ratio of 1 space per 500 square feet of gross floor area. Staff
finds the 50 proposed parking spaces exceed the minimum code requirements (1 space for every 250
gross square feet) for a restaurant use even if the future pad site to the south is also proposed with a
restaurant use.
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. The Developer shall complete all improvements required by ITD and ACHD associated
with this development within the timeframe required by those agencies in accord with the
STARS agreement and consistent with the Traffic Impact Study prior to issuance of the
CERTIFICATE OF ZONING
COMPLIANCE REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
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first Certificate of Occupancy within this development as set forth in the Development
Agreement (Inst. #2019-028376).
2. 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.
3. 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.
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 CSHQA on June 18, 2021, labeled “Site Plan”, is approved by the City
of Meridian Planning Division as shown in Exhibit A with the following conditions:
Depict a 5-foot sidewalk along the length of the property’s east boundary as approved in
the overall Circulation Plan within previous hearing level approvals.
Per UDC 11-3A-19 (Structure and site design standards), the pedestrian walkway
connections shall be distinguished from the vehicular driving surfaces through the use
of pavers, colored or scored concrete, or bricks (those areas that cross the drive aisles
along the east boundary of the site); the changes noted above shall be incorporated on
the plans submitted with the building permit application.
Depict a sidewalk connection to the arterial sidewalk along Linder Road to the building
entrance that also connects to the required sidewalk along the east boundary, per UDC
11-3A-19B.
8. The landscape plan prepared by Stack Rock Group on June 7, 2021, labeled Landscape Plan, are
approved by the City of Meridian Planning Division as shown in Exhibit B with the following
notation:
Match the required revisions noted above in regards to pedestrian connectivity.
9. The elevations prepared by CSHQA on May 17, 2021, labeled Rendered Elevations, 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. 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
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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.
16. 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 and as approved with H-2017-0088.
3. 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.
4. 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); FP-2020-0004; H-
2021-0034 (DA Inst. #2021-102392).
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 shall have an ongoing obligation to maintain all pathways.
8. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set
forth in UDC 11-3A-11.
9. 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.
10. The applicant and/or assigns shall have the continuing obligation to meet the specific use
standards for a restaurant as set forth in 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 July 23, 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.
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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 July
8, 2022.
V. EXHIBITS
A. Site Plan (date: 6/18/2021)
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B. Landscape Plan (date: 6/7/2021)
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C. Building Elevations (date: 5/17/2021)
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