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Compass School Building Expansion CZC, DES (A-2020-0008)Conditions Document 1 Compass School Builing Espansion - DES, CZC - A-2020-0008 CERTIFICATE OF ZONING COMPLIANCE REPORT DATE: February 19, 2020 TO: Paul Bierlein, Bouma USA FROM: Joseph Dodson, Associate Planner SUBJECT: Compass School Building Expansion - DES, CZC, ALT (A-2020-0008) Compass Public Charter School OWNER: DESCRIPTION OF APPLICANT'S REQUEST The applicant, Paul Bierlein, requests Certificate of Zoning Compliance (CZC) and Administrative Design Review (DES) approval of a 33,243 square foot, 2-story building expansion on 6.23 acres of land in the M-E zoning district and Alternative Compliance approval for the required additional parking. The site is located at 4667 W. Aviator Street. DECISION The applicant's request for Certificate of Zoning Compliance and 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. Alternative Compliance The applicant is seeking alternative compliance approval to UDC 11-4-3-14.I which requires one parking space for every four hundred (400) square feet of gross floor area. The applicant is proposing to not build additional parking stalls at this time and instead utilize the existing parking. There are 167 parking stalls that exist today, 30 more than what were required when the school was built. With the proposed addition, 253 total spaces are required, which would require an additional 86 spaces. The Applicant is in the process of acquiring land that will have the additional parking lot but it must go through the annexation process first which does not line up with the timeline of this building expansion. (See Exhibit “E” for their Narrative letter to the City of Meridian). Required Findings: In order to grant approval for an alternative compliance application, the Director shall determine the following: (Ord. 10-1439, 1-12-2010, eff. 1-18-2010) 1. Strict adherence or application of the requirements are not feasible; or The Applicant can construct the additional parking spaces on a piece of land they currently own that lays directly north of the existing buildings, across the Collector road, W. Aviator Street. However, the Applicant is also in the process of selling this piece of land and finds it economically burdensome to build a parking lot and go through the permitting process for something that will later be destroyed. Therefore, the applicant believes strict adherence to the required standards is not feasible at this time; Conditions Document 2 Compass School Builing Espansion - DES, CZC - A-2020-0008 2. The alternative compliance provides an equal or superior means for meeting the requirements; and Instead of building additional parking spaces, the Applicant has proposed utilizing their existing parking that is currently under-parked (on average 121 spaces of the 167 spaces are regularly filled) and also engaging in strict parking restrictions for the existing parking spaces in order to meet the demand of additional staff parking that will come with this proposed expansion. The proposed expansion is for elementary-age students and only staff parking will increase as they move their existing students and staff to this new facility. The Applicant has given parking count data to the City that demonstrates their current off-site Elementary school utilizes 55 spaces. Based on current parking averages and if no restrictions are placed on parking, the total average parking spaces used would be 176 spaces, a 9 space shortfall from what exists currently on the site. Compass Charter has agreed to implement various methods to limit the student parking and better utilize the existing 167 spaces and reduce the 121 spaces the secondary school students and staff occupy. In addition, the Applicant will continue to monitor parking utilization and send the City those parking counts on a monthly basis until the future parking lot is constructed with their future land annexation and zoning. If it is shown the existing parking is not enough, the Applicant will construct temporary parking on their parcel to the north of the school site (see “Site Condition of Approval 2.”) 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of surrounding properties. Staff believes if the Applicant follows their proposed alternative compliance methods to include parking restrictions for secondary school students and parking count reporting to ensure continued under-utilization, the alternative means will not be materially detrimental to the public welfare or impair the intended uses or character of the surrounding properties. Site 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. The applicant shall give the City monthly parking counts in the form of daily total counts and weekly averages. If it is shown that one day every week over the course of any 4 week period the 167 parking spaces is not enough, the Applicant shall construct the temporary parking on the parcel to the north and obtain a Certificate of Zoning Compliance for that additional parking. Process Conditions of Approval 1. Per UDC 11-5B-5B2, the Director (at the applicant's request) approved alternative compliance regarding the additional required parking. 2. 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. Conditions Document 3 Compass School Builing Espansion - DES, CZC - A-2020-0008 3. 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. 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 Bouma USA on January 6, 2020, labeled Site Plan (Exhibit B), is approved by the City of Meridian Planning Division with the following changes: Update site plan to reflect changes made to floor plan on south facing wall. 6. The landscape plan prepared by Bouma USA on December 17, 2019, labeled Landscape Plan (Exhibit C), is approved by the City of Meridian Planning Division with the following changes: Update landscape plan to reflect changes made to floor plan on south facing wall. 7. The elevations prepared by Bouma USA on January 31, 2020, labeled Exterior Elevations, are approved by the City of Meridian Planning Division as shown in Exhibit D. 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. 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. 11. 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. Ongoing Conditions of Approval 1. At the time of annexation, Council allowed the following non-conforming uses (access) to continue under the following development agreement terms: DA Inst. #2018- 079759—The current parcel is granted the single access point to W. Franklin Road and the parcel will lose direct access to W. Franklin upon further development of the parcel or when cross access to the parcel is provided from an adjacent parcel, whichever occurs first. No action to close this access is required at this time. 2. 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. 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-2018-0048 (AZ, CPAM); DA Inst. #2018- 079763; A-2018-0266 (PBA); A-2018-0267 (CZC, DES). Conditions Document 4 Compass School Builing Espansion - DES, CZC - A-2020-0008 5. The issuance of this CZC/DES/ALT 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 approved use as set forth in UDC 11-4-3-14. 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 March 4, 2020, 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. 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 February 20, 2021. EXHIBITS A: Vicinity Map B: Site Plan (dated: January 6, 2020) C: Landscape Plan (dated: December 17, 2019) D: Elevations (dated: January 31, 2020) E: Alternative Compliance Narrative (dated: February 17, 2020) Conditions Document 5 Compass School Builing Espansion - DES, CZC - A-2020-0008 Exhibit A: Vicinity Map Conditions Document 6 Compass School Builing Espansion - DES, CZC - A-2020-0008 Exhibit B: Site Plan (dated: January 6, 2020) Conditions Document 7 Compass School Builing Espansion - DES, CZC - A-2020-0008 Exhibit C: Landscape Plan (dated: December 17, 2019) Conditions Document 8 Compass School Builing Espansion - DES, CZC - A-2020-0008 Exhibit D: Elevations (dated: January 31, 2020) Conditions Document 9 Compass School Builing Espansion - DES, CZC - A-2020-0008 Conditions Document 10 Compass School Builing Espansion - DES, CZC - A-2020-0008 Exhibit E: Alternative Compliance Narrative (February 17, 2020) Conditions Document 11 Compass School Builing Espansion - DES, CZC - A-2020-0008