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Meridian Crossroads Landscape ModkI, CERTIFICATE OF ZONING COMPLIANCE REPORT DATE: August 15, 2011 E IDIAN*--- TO: Sterling Landscape Design IDAHO FROM: Bill Parsons, Associate City Planner SUBJECT: Meridian Crossroads Landscape Modification — CZC-11-034 OWNER: Developers Diversified Realty DESCRIPTION OF APPLICANT'S REQUEST The applicant, Sterling Landscape Design, requests certificate of zoning compliance (CZC) approval to remove nine (9) existing trees from the tree wells along the west side of the store fronts and replace the trees with 4 -foot tall planter boxes. The planter boxes will not incorporate a tree. The applicant is proposing to include a mix of annuals to be planted in the boxes on a seasonal basis. Staff has coordinated the tree removal with the City Arborist who supports the proposed change. In addition, the Arborist did not require mitigation for the removal of the existing trees. The site is located at 1160 N. Eagle Road. DECISION The applicant's request for CZC is approved with the conditions listed in this report. Process Conditions of Approval 1. The applicant's request to modify the approved landscaping by removing nine (9) trees from the existing western tree wells and replacing them with nine (9) 4'X 4' planter boxes is hereby approved on August 15, 2011 with no changes from the Planning Department. The planter boxes shall be planted with annual color on a seasonal basis as approved in Exhibit C. Ongoing 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 11-313-6 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. 3. The issuance of this CZC does not release the applicant from any previous requirements of the other permits issued for the site. 4. 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. 5. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 6. 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. Conditions Document Meridian Crossroads Landscape Modification CZC 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 Department on or before August 30, 2011, 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. 1 *:191:X% 019XI Certificates of Zoning Compliance issued in conjunction with a proposed use shall expire if said use has not commenced within one year of the date of issuance of the Certificate of Zoning Compliance. Certificates of Zoning Compliance issued in conjunction with construction or alteration of a structure shall expire if said construction or alteration 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 August 15, 2012. EXHIBITS A. Vicinity Map B. Site Plan (dated: 02/02/04) C. Photo of Completed Planter Box Conditions Document 3 Meridian Crossroads Landscape Modification CZC B. Site Plan (dated: 02/02/04) Conditions Document 5 Meridian Crossroads Landscape Modification CZC C. Photo of Completed Planter Box Conditions Document 6 Meridian Crossroads Landscape Modification CZC EIDIAN�-- IDAHO Planning Department CERTIFICATE OF ZONING COMPLIANCE Application Checklist Project name: Mft,' ` S Staff File #: C'ZC -1-03 Applicant/agent: Completed & signed Administrative Review Application ,/ All applications are required to contain one copy of the following unless otherwise noted: Applicant Description Staff Completed & signed Administrative Review Application ,/ Narrative fully describing the proposed use of the property, including the following: ➢ Information on any previous approvals or requirements for the requested use ✓ i.e., applicable conditions of approval or Development Agreement) Recorded warranty deed for the subject property✓ Affidavit of Legal Interest signed & notarized by the property owner (if owner is a corporation, submit a copv of the Articles of Incorporation or other evidence to show that the person signing is an authorized Lent.) Written confirmation that a traffic impact study or change of use is not required and/or has been submitted for review to ACRD. Please contact Mindi Wallace at 387-6178 or Christy AJ� Little at 387-6144 for more information. Scaled vicinity map showing the location of the subject property✓ Fire Marshall approval for access and turn around (stamped, full size site plan) AIA Sanitary Service Company approval for trash enclosure & access drive (stamped, full size site AA plan) Civil Site/Dimension Plan - 1 full size co folded to 8 '/2" x 11" size 4 A photometric test report for any light fixture(s) with a maximum output of 1,800 lumens or more (see UDC 11-3A-11) 0 Copy of the recorded plat the property lies within 8 ''/z" x 11 AIA Address verification letter from Development Services 887-2211 Site Plan—* 1 copy (folded to 8 '/z" x 11" size) The following items must be shown on the siteplan: A/7 rvvid- d '/N • Date, scale, north arrow, and project name (scale not less than I"=50') • Names, addresses, and telephone numbers of the developer and the person and/or firm preparing the plan • Parking stalls and drive aisles • Trash enclosure(s) location • Detail of trash enclosure (must be screened on 3 sides) • Location and specifications for underground irrigation (Pressurized irrigation can only be waived if you prove no water rights exist tosub'ect property) • Sidewalks or pathways (proposed and existing) • Location of proposed building on lot (include dimensions to property lines) • Fencing (proposed and existing) • Calculations table including the following: Number of parking stalls required & provided (specify handicap & compact stalls) ➢ Building size (sq. ft.) Lot size (sq. ft.) ➢ Setbacks ➢ Zoning district • Reduction of the site plan 8 '/2" x 11" N14 Landscape plan - * 1 copy (folded to 8 '/2" x 11" size) " " Plan must have a scale no smaller than 1 = 50' (1 = 20' is preferred) and be on a standard drawing sheet, not to exceed 36" x 48" 24" x 36" is preferred). A plan which cannot be drawn in 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 9 Facsimile: (208) 888-6854 • Website: www.meridiancity.org ✓1� 17eroJ4J4 �,�s P�o�os• *Once an application is accepted, staff will contact you to let you know how many additional copies ofplans are required. All plans are required to be folded to 8 % " x 11 " size. ACHD Acceptance: Applicant shall be responsible for meeting the requirements ofACHD as theypertain to this application. All impact fees, if any, shall be paid prior to the issuance of a building permit. If any changes must be made to the site plan to accommodate the ACHD requirements, a new site plan shall be submitted to the City of Meridian Planning & Zoning Department for approval prior to the issuance of a building permit. Your building permit will not be issued until ACHD has approved your plans and all associated fees have been paid. 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org (Rev. 0 610 212 0 1 1) its entirety on a single sheet must be drawn with appropriate match lines on two or more sheets. The following items must be included on the landscapeplan: • Date, scale, north arrow, and proj2ct name • Names, addresses, and telephone numbers of the developer and the person and/or firm preparing the plan • Stamp/signature of a landscape architect, landscape designer, or qualified nurseryman preparing the plan • Existing natural features such as canals, creeks, drains, ponds, wetlands, flood Tains, high groundwater areas, and rock outcroppings • Location, size, and species of all existing trees on site with trunks 4 inches or greater in diameter, measured 6 inches above the ground. Indicate whether the tree will be retained or removed • A statement of how existing healthy trees proposed to be retained will be protected from damage during construction • Existing structures, planting areas, light poles, power poles, walls, fences, berms, parking and loading areas, vehicular drives, trash areas, sidewalks, pathways, stormwater detention areas, signs, street furniture, and other man-made elements • Existing and proposed contours for all areas steeper than 20% slope. Berms shall be shown -with one -foot contours • Sight Triangles as defined in 11-3A-5 of this ordinance • Location and labels for all proposed plants, including trees, shrubs, and groundcovers (trees must not be planted in City water or sewer easements). Scale shown for plant materials shall reflect approximate mature size • A plant list that shows the plant symbol, quantity, botanical name, common name, minimum planting size and container, tree class (I, II, or III), and comments (for spacing, stakin , and installation as appropriate) • Planting and installation details as necessary to ensure conformance with all required standards • Design drawing(s) of all fencing proposed for screening purposes Reduction of the landscape plan 8 'h" x 11") it X 17 ea WA Building elevations showing construction materials — *1 co (folded to 8 'h" x 11" size A Reduction of the elevations 8 '/z" x 11" Electronic version of the site plan, landscape plan, & building elevations in pdf format submitted on a disk with the files named with project name & plan type (i.e. site plan, N� landscape pIan, elevations, etc.. We encourage you to submit at least one color version. If applying for approval of a public school, provide additional information as required by the Public School Facility supplemental checklist per §67-6519 A!A Fee (If this project had prior approval on a site plan, reduced fees may apply) 17 3.0 *Once an application is accepted, staff will contact you to let you know how many additional copies ofplans are required. All plans are required to be folded to 8 % " x 11 " size. ACHD Acceptance: Applicant shall be responsible for meeting the requirements ofACHD as theypertain to this application. All impact fees, if any, shall be paid prior to the issuance of a building permit. If any changes must be made to the site plan to accommodate the ACHD requirements, a new site plan shall be submitted to the City of Meridian Planning & Zoning Department for approval prior to the issuance of a building permit. Your building permit will not be issued until ACHD has approved your plans and all associated fees have been paid. 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org (Rev. 0 610 212 0 1 1) �.3 = E ID?� IAN� - Pla gft,"spa`rtment i -i � ADMINISTRATIVE REVIEW APPLICATION Type of Review Requested (check all that apply) ❑ Accessory Use STAFF USE ONLY: ❑ Alternative Compliance `M Certificate of Zoning Compliance File number() /� 2r, s : �T� �3� Id ertificate of Zoning Compliance Verification ❑ Conditional Use Permit Minor Modification �S'Srd�r Project name: e! • °I�+ CSGo ❑ Design Review ❑ Private Street Date filed:J-2- IL Date complete: 1! ✓'� I T' G ❑ Property Boundary Adjustment �• �s El Time Extension (Director) ID Vacation Assigned Planner: Related files: C -0c Xother Applicant Information Applicant name: C,1 n DGS j4 vx n U • Phone: LM • -/e) • S'11 I Applicant address: 4"3 ds%,Cjc �. It A.0,991. . )►�• Zip: &u g 7 Applicant's interest in property: ❑ Own ❑ Rent ❑ Optioned []Other Owner name: Phone: 415 • Lg7• .So 53 Owner address: -A op/ p GSS L, St. PiA. fir` 11 Zip: D Agent name (e.g., architect, engineer, developer, representative): Firm name: Phone: Address: Zip: Primary contact is: Nf Applicant E] Owner [3 Agent [3 Other Contact name: H ✓ Phone: 91 E-mail: 1 es4g i- , k a s! R4 }G. eoAA v Fax: ?.� '�-�o • ���f4 Subject Property Information Location/street address .-I-L v�: it/1 Cr r 1 Z� n1i, �►e Q� Assessor's parcel number(s): rkr(�� Z NAIi�' CY +Arm tD. pi3L�Z. Township, range, section: Total acreage: Current land use: Current zoning district: 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 1 (Rev. 11/4/08) Project Description Project/subdivision name: General description of proposed project/request: A, -4-wt - Proposed zoning district(s): Acres of each zone proposed: Type of use proposed (check all that apply): ❑ Residential ❑ Commercial ❑ Office ❑ Industrial ❑ Other Amenities provided with this development (if applicable): Who will own & maintain the pressurized irrigation system in this development? Which irrigation district does this property lie within? Primary irrigation source: Secondary: Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): Residential Project Summary (if applicable) Number of residential units: Number of building lots: Number of common and/or other lots: Proposed number of dwelling units (for multi -family developments only): 1 Bedroom: Minimum square footage of structure(s) (excl. garage): Minimum property size (s.f): Gross density (DU/acre-total land): _ 2 or more Bedrooms: Proposed building height: _ Average property size (s.f.): Net density (DU/acre-excluding roads & alleys): Percentage of open space provided: Acreage of open space: Percentage of useable open space: (See Chapter 3, Article G, for qualified open space) Type of open space provided in acres (i.e., landscaping, public, common, etc): Type of dwelling(s) proposed: ❑ Single-family ❑ Townhomes []Duplexes ❑ Multi -family Non-residential Project Summary (if applicable) Number of building lots: Other lots: Gross floor area proposed: Existing (if applicable): Hours of operation (days and hours): Building height: _ Percentage of site/project devoted to the following: Landscaping: Building: Paving: Total number of employees: Maximum number of employees at any one time: Number and ages of students/children (if applicable): Total number of parking spaces provided: Authorization Print applicant name: Applicant signature: . 33 E. Broadway A Phone: (208)884-5533 • Facs Seating capacity: Number of compact spaces provided: � k Date: f--7 210 • Meridian, Idaho 83642 888-6854 • Website: www.meridiancity.org 2 MapQuest Maps - Driving Directions - Map mapq u est m * Notes This map doesn't contain any items. Page 1 of 1 Old A 5 at,�Zr see- P > All rights reserved. Use subiect to License/Copyright i gkccow eek Directions and maps are informational only. We make no warranties on the accuracy of their content, road conditions or route usability or expeditiousness. You assume all risk of use. MapQuest and its suppliers shall not be liable to you for any loss or delay resulting from your use of MapQuest. Your use of MapQuest means you agree to our Terms of Use 36 CIT( � b � �;,� �1'�I�EGnee �II�r�Is �lmer �� A�l Tray. http://www.mapquest.com/print?a=app.core.dfa5l48i736b7204bdfDf76'9 6/27/2011 0 0 3�. - - - ADA MM M OND511. DIAVID 1N1AMC Y WE ON 12N13 u* fll je;�� �i� �raaifi{uu�iEaaw� AMOW its 163031157 SPECIAL WARRAPffY DEED THIS INDENTURE is made this dUolr day of March, 2003, by TFCM ASSOCIATES, LLC, a Utah limited liability company, the "Grantor", to GS II MERIDIAN CROSSROADS LLC, a Delaware limited liability company, whose mailing address is c/o Developers Diversified Realty Corporation, 3300 Enterprise Parkway, Beachwood, OH 44122, the "Grantee." WITNESSETH: That the Grantor, for and in consideration of the stun of TEN DOLLARS ($ 10.00) lawful money of the United States of America, and other good and valuable consideration, to the Grantor in hand paid by the Grantee, the receipt whereof is hereby acknowledged, has granted, bargained, sold, and by these presents does grant bargain, sell, convey and confum unto the Grantee, and to the Grantee's successors and assigns forever, all of the following described real property in the County of Ada, State of Idaho, to -wit: See Exhibit A attached hereto. SUBJECT to all real property taxes and assessments, all existing patent reservations, easements, rights of way, protective covenants and other matters of record, all applicable zoning ordinances, building codes, laws and regulations, and all encroachments, overlaps, boundary line disputes, claims of easements and other matters that would be disclosed by an accurate survey or inspection of the property. TOGETHER with the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, and any reversions, remainders, rents, issues and profits therefrom; and all estate, right, title and interest in and to the property, as well in law as in equity, of the Grantor. TO HAVE AND TO HOLD the property and the appurtenances unto the Grantee, and to the Grantee's successors and assigns forever. The Grantor and the Grantor's successors shall warrant and defend the property in the quiet and peaceable possession of the Grantee and the Grantee's successors and assigns, against all ads of the Grantorand no other, subject to the matters set forth above. In construing this Special Warranty Deed and where the context so requires, the singular includes the phual. 1N WITNESS WHEREOF, the Grantor has executed the within instrument the day and year first above written. • TFCM ASSOCIATES, LLC, a Utah lintited liability company By: DDR Family Centers LP, its Member Manager By: DDR DownRMT LLC, its General Partner By: Developers Diversified Realty Corporation, its Managing Member �r I STATE OF Oh W ) County of� u� On the 2,b4 day of IV" , 2003, befome me the undersigned, a notarypublic in andforsaid State, personaNy Jt-wt,GS k • 5N%o*-f' ,known or identified to me to be the of Developers Diversified Realty Corporation, which is the Managing Member ofDDR DownRETt LLC, which is the General Partner of DDR Family Centers LP, which is the Member Manager of TFCM Associates, LLC, and the person who subscrs'bed said entity carnes to the foregoing instrument, and acknowledged to me that such person executedthe senna on behalf of such entities and in said limited liability company name. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above writh n. (sew) Qiooeomioeltioldr,ota saran ease s003V= maasd4cC at - VI oNtaWas Ass n ajbade Qab. Udee 147.03 O.R.C. MMIBIT A • Pared II: A pared of land located In the Northwest Quarter of the Northwest Quarter of Section 9, Township 3 North, Range i East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the corner emumon to Sections 4, 5, 8 and the said Section 9, from which the quarter corner common to said Sections 4 and 9 bears South 119°22110" Ba1s4 2669.63 feat•, thence South 89°22'10" East, 101727 feet to a point thence South 01°08113" West, 60.00 but to a point on the Southerly right -of --way of Fairview Avenue (as described in Exhibit "B" of Warranty Deed, Instrument No. 99072864, of OfDclal Records) said point being the REAL POINT OF BEGINNING; thence continuing South 01°08'13" West; 889.79 feel to as angle point on the exterior boundary line of Crossroads Subdivision No. 4 as filed is Boost 73 of Plats at Pages 7619 and 7520, records of Ada County, Idaho; thence along said exterior boundary line North 88°51147" West, 287JM feet to an angle point thereon; thence continuing along said exterior boundary But South Of 008113" West, IM00 fed to a point thence leaving said exterior boundary line North 88°51'50» West, 660.17 feet to a point on the Easterly right-of-way of N. Eagle Road (State Highway 55); thence along said right-of-way • North 01°08142" East, 870.30 feet to a point; thence North 58010131" East, 134.35 feet to a point on the Southerly right ef-way of Fairview Avenue; thence along said rigbt-ofway South 89°22110" East, 33730 feet to a point; thence continuing along said right-of-way North 87°53102' East, 500.81 feet to a point; thence continuing along said right-of-way South 89°22110" East, 17.84 feet to the REAL POINT OF BEGINNING. Pared III. A pared of Ind located in the North hair or the Northwest quarter of Section 9, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the corner comma to Sections 4, 5, 8 and the said Section 9, from which the quarter corner common to said Section 4 and 9 bears South 89°22'10" East, 2659.83 feet; thence South 89°22'10" East,1017.87 feet (formerly described as I017.88 feet) along the North line of said Section 9 to a point; thence South 01008113" West, 60.00 feet to point on the Southerly right -o! way line or Fairview Avenue (as described in Exhibit "Ir of Warranty Deed, Instrument No. 99072364, of Official Records, said point being the REAL POINT OF BEGS NNING; thence • along said Southerly right of=way line of Fairview Avenue South 89922'10" East, 936.E feet to a point on the Westerly rigbt-of-way line of Records Avenue as described in Exhibit "C" of Warranty Deed Instrument No. 99072864, of Official Records; thence along said Westerly righs-of--way the following courses and distances; thence South 44°28'34° East, 41.07 feet; thence South 00'25'00" West, 344A6 feet; thence South 09.55'31" East, 69.63 feet•, thence South 00'24'Sr West, 241.74 feet to the beginning of a non -tangent curve to the lett; thence along said curve 54.02 fed, said curve having a radius of 199.89 feet, a central angle of 15'29'04* and a long chord of 53.86 feet, which bears South 08'58'50" East; thence South 18'08'07" East, WAS feet; thence South 07.20143" East, I OA2 feet to a point on the Northerly boundary tine of Crossroads Subdivision No. 5, as filed in Book 75 of Plats at Pages 7779 and 7780, records of Ada County, Idaho; thence leaving said Westerly right-of-way line and along said Northerly boundary line North 89.35132" West, 228.44 feet to the Northerly most corner common to said Crossroads Subdivision No. 5 and Crossroads Subdivision No. 4 as Ned in Book 73 of Plats at Pages 7519 and 7520, records of Ada County, Idaho; thence leaving the Northerly boundary We of said Crossroads Subdivision No. 5 and along the Northerly boundary One ofsaid Crossroads Subdivision No. 4 North 8935132" West, 796.15 feet; thence • leaving said Northerly boundary line North 010011113" East; 827.28 feet to the REAL POINT OF BEGINNING. Pared IV: Lot l in Block 1 of Records East Subdivision, according to the omcw plat tbereof, filed in Book 80 of Plats at Pages 8654-8654 records of Ada County, Idaho. 0 AFFIDAVIT OF LEGAL INTEREST Dk;r) STATE OF iDMiG—) COUNTY OF-"Ar)- �r a 19. r, GS 7.0 /yle��di�tn C/'ossru�c� ltC 33rD �i��cipr'iSL ��.�i�a� BParJ, �ooaC Dh(d ) (city) (state) being first duly sworn upon, oath, depose and say: 1. That I am the record owner of the property described on the attached, and I grant my permission to: ,L... &von Ill{ z1(pG3 t?fi Sfer ' ee=614mago Naha 163(pe7 (nom) d (addreast) to submit the accompanying appLication(s) pertaining to that property. 2. 1 agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or Liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 1 I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this � day of SUBSCRIBED AND SWORN to before me the day and year first above written. KIMBERLY A. MIKULA (No blit for -- NoWy PW tie. SIW of Ohio k"" cam Residing at & 6thrniz, Mp Cowtatl im E*kw A0W ts, =1 My Commission Expires: G 1 33 B. Broadway Avenue, Smite 210 • hieridiaa, Idaho 83642 Phone: (208) 884-5533 • racurdk: (208) 888-854 • Website: www.meridiancity.or8 (Rev. 0"24011) ii r ! —. _ -��_ � f ( ci �� �� � ' ��'_ � �� � �,? i i ' �� � gyp[! — � � '"'' ... .,,,�, � � .., - _�"+, �, Y 1 `: fP ! r i,,..s— ii 1�i � ®a ., P, •.. �_ '-..> _ tl' .. ' ��. � ' ., "� : � . ii r ! � tI ,�5e� f ( ci �:, � ' ��'_ � �� � ,,`` � '. � t 1�� i ' �� � gyp[! , i �� � � '"'' ... .,,,�, � � •- N Y 1 `: G r i,,..s— 1 ..� � _.._,... .� '-..> _ li' , f � . l ( ci � ��'_ ,,`` � '. � t 1��