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Topgolf CZC DES A-2021-0144 Staff Report Page 1 DATE: 10/12/2021 TO: Paul Straits, Arco/Murray FROM: Sonya Allen, Associate Planner 208-884-5533 SUBJECT: A-2021-0144 Topgolf LOCATION: 948 S. Silverstone Way I. PROJECT DESCRIPTION Certificate of Zoning Compliance (CZC) for a 36,771 square foot outdoor entertainment/recreation facility with a non-permanent outdoor stage/music venue on 11.56-acres of land in the C-G zoning district for Topgolf. Administrative Design Review (DES) is also request for the proposed structure. II. DECISION The applicant's request for Certificate of Zoning Compliance & Design Review 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. 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. Any outdoor event shall only operate between the hours of eight o'clock (8:00) A.M. and two o'clock (2:00) A.M. as approved with the subject conditional use permit (H-2021-0033). 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. Access via S. Rolling Hills Dr. shall be prohibited to the site until such time as improvements are made that are deemed appropriate by ACHD and the City for public access to the Rackham mixed-use development. All access, including construction access, shall be taken via the private street (Street A) from S. Silverstone Way until such time. 5. Compliance with the City’s noise ordinance (MCC 6-3-6), which states noise may not create a public disturbance as defined, between the hours of 11:00 pm and 6:00 am or at any time so as to unreasonably disturb or interfere with the peace, comfort or enjoyment of others, is required. 6. 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. 7. 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. 8. The site plan prepared by Cage Civil Engineering on October 7, 2021, labeled Sheet C1.0; and the landscape plan prepared by Baer Design Group, LLC on October 8, 2021, labeled Sheet L1.0, shall be revised prior to submittal of a building permit application as follows: a. Provide a pedestrian crosswalk across Street A from the sidewalk on the south side of Street A/E. Talons View Ln. to the on-site sidewalk with this development. b. Extend the multi-use pathway along the northern boundary of the site to the east boundary of the site with this development. c. The internal pedestrian walkways/crosswalks are required to be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks per UDC 11-3A-19B.4b. 9. The elevations prepared by Aria Group on June 14, 2021, labeled Sheets 1, 2 and 5, are approved by the City of Meridian Planning Division as shown in Exhibit D. 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. 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. 15. 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 Page 3 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 prohibited as set forth in UDC 11-3H-4B. 3. The applicant shall comply with the outdoor storage as an accessory use standards as set forth in UDC 11-3A-14. 4. The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site [H-2018-0126; H-2019-0005 (MDA Inst. #2019-0037825); H- 2019-0081 (MDA Inst. #2019-088365); H-2019-0128; and H-2021-0033]. 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 the proposed use as set forth in UDC 11-4-3-2 Arts, Entertainment or Recreation Facility, Indoors and Outdoors. 11. Any outdoor speaker systems shall comply with section 11-3A-13, “Outdoor Speaker Systems.” 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 October 27, 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 October 12, 2022. Page 4 V. EXHIBITS A. Site Plan (date: 10/7/2021) Page 5 B. Landscape Plan (date: 10/8/2021) Page 6 C. Building Elevations (date: 6/14/2021) Page 7