Virden REVREVISED
CERTIFICATE OF ZONING COMPLIANCE REPORT
DATE: "~~-~'' ' ~ ~~ ~ ~ ~'^`o~T November 20,
2013
TO: Mike Virden
FROM: Bill Parsons, Associate City Planner
SUBJECT: Virden Auto Center
CZC-12-018; DES-12-013; ALT-12-003
OWNER: Mike Virden
DESCRIPTION OF APPLICANT'S REQUEST
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The applicant, Mike Virden, requests Certificate of Zoning Compliance (CZC) and Design Review
(DES) approval to construct a new 2,752 square foot vehicle sales office and repair building. The
applicant is also proposing a 558 square foot shade structure. The site is currently developed with an
existing vehicle washing facility.
The western portion of the self-service vehicle washing facility will be converted to a vehicle display area
in the future. Per the applicant's request, staff has included the conversion of this area with this submittal
and the required landscaping per the vehicle sales specific use standards has been reviewed and approved
with this application.
Alternative compliance is also proposed in regard to the site and structure design standards set forth in
UDC 11-3A-19. The applicant is proposing to construct a 272 square foot patio in lieu of the 5-foot
pedestrian connection from the adjacent sidewalk.
The property consists of 1.7 acres of land and is zoned I-L. The site is located at 2651 E. Fairview
Avenue.
DECISION
The applicant's request for CZC, DES and ALT 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. As part of the application submittal, you will
need to provide one (1) set of the final, stamped "approved" Planning Department plans. You must
provide these plans in PDF format and hardcopy as specified in the Building Services "Plan Intake
Checklist" and include them with your building submittal set. Please contact Building Services for
additional details about building permits and inspections.
Site Specific Conditions of Approval
1.
~'
li~hlin~. City Council overturned the condition to require the street IiSht (AP-13-001).
Conditions Document 1 Virden Auto Center CZC-12-018; DES-12-013, ALT-12-003
REVISED
2. 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.
Process Conditions of Approval
1. 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.
2. The applicant shall complete all improvements related to public life, safety, and health as set forth
in UDC 11-SC-3B. A surety agreement may be accepted for other improvements in accord with
UDC 11-SC-3C.
3. Upon installation of the landscaping and prior to inspection by Planning Department staff, the
applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A.
4. The revised site plan and site/landscape plan prepared by Selkirk Design LLC and Mike Fairchild
dated 3/16/12, labeled Site Plan and Sheet 1, are approved (stamped "approved" on 3/16/12 and
10/21/13 by the City of Meridian Planning Department) with no changes.
5. The approved site/landscape plan and/or elevations may not be altered without prior written
approval of the City of Meridian Planning Department.
6. The elevations prepared by Mike Fairchild dated 3/16/12, labeled Sheet 3, is approved (stamped
"approved" on 3/16/12 by the City of Meridian Planning Department) with no changes.
7. The applicant shall pay any applicable impact fees prior to the issuance of a building permit.
8. 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 Department for approval prior to
issuance of the building permit.
9. 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.
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 11-3B-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 applicant shall comply with the outdoor storage as an accessory use standards as set forth in
UDC 11-3A-14.
3. The project is subject to all current City of Meridian ordinances and previous conditions of
approval associated with this site (CZC-02-018).
4. The issuance of this CZC does not release the applicant from any previous requirements of the
other permits issued for the site.
5. 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.
6. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set
forth in UDC 11-3A-11.
Conditions Document 2 Virden Auto Center CZC-12-018; DES-12-013, ALT-12-003
REVISED
7. 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.
8. 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 11-4-3-37 and UDC 11-4-3-38.
ANALYSIS OF UDC REQUIREMENTS RELATED SITE SPECIIFIC REQUIREMENTS
The City's Master Pathways plan designates a 10-foot wide pathway segment on the subject property.
Staff has coordinated with the Parks Department and it was determined that the pathway segment would
not be feasible to locate on the subject property. For now the Parks Department has agreed to allow the
sidewalk along E. Fairview Avenue to serve as the pathway segment for the property.
ANALYSIS OF UDC REQUIREMENTS RELATED TO THE ALTERNATIVE COMPLANCE
The applicant has submitted a request for alternative compliance pertaining to the site and structure
design standards, as follows:
1. The applicant requests approval of alternative compliance to UDC 11-3A-19.4a.which requires a
5-foot wide internal pedestrian walkway from the perimeter sidewalk to the main building
entrance. Given the nature of the proposed uses (vehicle servicing) that will occur on the
property, staff is of the opinion the pedestrian connection could pose a safety concern. In lieu of
the pedestrian connection, the applicant is proposing to construct a 272 square foot colored
concrete patio area with seating benches in lieu of the pedestrian connection. Staff finds the
proposed patio area a better amenity for patrons to use as they conduct business on the site.
Staff approves the request in accord with UDC 11-SB-SB.2c.
ALTERNATIVE COMPLIANCE FINDINGS:
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; OR
Since the proposed development is primarily auto oriented, strict adherence to the site and
structures design standards which requires a 5-foot wide pedestrian connection from the perimeter
sidewalk serves no practical purpose. Staff finds the proposed patio area provides a better
amenity for the development in accord with the Meridian Design Manual.
2. The alternative compliance provides an equal or superior means for meeting the
requirements; and
The Director finds the applicant's proposal to provide the 272 square foot patio provides an equal
means for meeting the 5-foot pedestrian connection in the UDC and is more compatibility with
the uses occurring on the property.
3. The alternative means will not be materially detrimental to the public welfare or impair the
intended uses and character of the surrounding properties.
Staff finds that the proposed alternative will not be detrimental to the public welfare or impair the
use/character of the surrounding properties since pedestrian connections are provided in the area
by the existing perimeter sidewalks along Hickory and Fairview.
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 ~ ~~rl-~i^~
Conditions Document 3 Virden Auto Center CZC-12-018; DES-12-013, ALT-12-003
REVISED
November 5, 2013, within fifteen (15) days after the written decision is issued, and contain the
information listed in UDC 11-SA-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
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 "~
~2 October 21, 2014.
EXHIBITS
A. Vicinity Map
B. Revised Site Plan and Approved Site/Landscape Plan and Patio Detail (dated: 3/16/12)
C. Building Elevations (dated: 3/16/12)
Conditions Document 4 Virden Auto Center CZC-12-018; DES-12-013, ALT-12-003
REVISED
A. Vicinity Map
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Conditions Document 5 Virden Auto Center CZG12-018; UES-12-013. ALT-12-003
REVISED
B. Revised Site Plan and Approved Site/Landscape Plan (dated: 3/16/12)
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Conditions Document 6 Virden Auto Center C7.C-12-018; DES-12-013, ALT-12-003
REVISED
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Conditions Document 7 Virden n~rto Center C7.G12-018; DES-12-013, AI,T-12-003
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Conditions Document 8 Virden Auto Center CZG12-018; DF,S-12-O1 ~, ALT-12-003
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C. Building Elevations (dated: 3/16/12)