PZ - Applicant's Response To Staff Report1
Charlene Way
From:Mike Wardle <mwardle@brightoncorp.com>
Sent:Monday, September 16, 2019 3:40 PM
To:Sonya Allen; Adrienne Weatherly; Charlene Way; Chris Johnson
Cc:Jon Wardle; Kody Daffer; Bill Parsons; David Turnbull; Daniel Turnbull; John Gabrielsen;
Steve Smith (ssmith@scsinvestments.net); Mike Hall (mhall@scsinvestments.net); David
Kodanko
Subject:RE: TM Creek East Apartments - CUP ALT H-2019-0089 Staff Report for 9/19
Commission Meeting
Attachments:TM Creek Apartments - Ph2 Applicant Response.docx
All,
As detailed in the attached five-page Applicant Response , we are in general agreement with staff’s analysis
and recommendation for approval—subject to deletion of Planning Division conditions 3.h, 8 and 10 for the
stated reasons.
We look forward to presenting the project to the Planning & Zoning Commission, and for the discussion and
clarifications leading to approval.
Michael D. Wardle, Director of Planning
BRIGHTON CORPORATION
2929 W. Navigator Dr., Suite 400, Meridian, ID 83642
Direct 208.287.0512 l Mobile 208-863.6150
mwardle@brightoncorp.com
From: Sonya Allen <sallen@meridiancity.org>
Sent: Friday, September 13, 2019 2:34 PM
To: Adrienne Weatherly <aweatherly@meridiancity.org>; Charlene Way <cway@meridiancity.org>; Chris Johnson
<cjohnson@meridiancity.org>
Cc: Mike Wardle <mwardle@brightoncorp.com>; Jon Wardle <jwardle@brightoncorp.com>; Kody Daffer
<kdaffer@brightoncorp.com>; Bill Parsons <bparsons@meridiancity.org>
Subject: TM Creek East Apartments - CUP ALT H-2019-0089 Staff Report for 9/19 Commission Meeting
Attached is the staff report for the proposed conditional use permit for TM Creek East Apartments. This item is
scheduled to be on the September 19 th agenda. The public hearing will be held at City Hall, 33 E. Broadway Avenue,
beginning at 6:00 pm. Please call or e-mail with any questions.
Mike/Kody - Please submit any written response you may have to the staff report to the City Clerk’s office
(cityclerk@meridiancity.org ) and me as soon as possible.
Thanks,
Sonya Allen | Associate Planner
City of Meridian | Community Development Dept.
33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642
Phone: 208-884-5533 | Fax: 208-489-0578
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September 16, 2019
APPLICANT RESPONSE – TM CREEK EAST APARTMENTS (H-2019-0089)
VIII. CITY/AGENCY COMMENTS
A. Planning Division
1. Future development of this site shall comply with the provisions in the Development Agreement
(AZ-13-015, Inst. #114045759) and amended Development agreements (H-2015-0018, Inst. #2016-
037777; and H-2016-0067, Inst. #2016-073497) and the conditions contained herein.
AGREE, subject to DELETION of Condition 10, as requested and explained on page 3.
2. The Developer/Owner shall comply with the specific use standards listed in UDC 11-4-3-27, Multi-
Family Development except as approved through Alternative Compliance with this application. The
Director approved the Applicant’s request for Alternative Compliance to the private usable open
space standard listed in UDC 11-4-3-27B.3 to allow zero or a lesser amount of private usable open
space as follows: 0 for studio units; 76 s.f. for 1-bedroom units; 67 s.f. for 2-bedroom units; and 81
s.f. for 3-bedroom units. AGREE
3. The site/landscape plan submitted with the Certificate of Zoning Compliance application shall be
revised as follows:
a. All street facing elevations shall have landscaping along their foundation in accord with the
standards listed in UDC 11-4-3-27E as follows: 1) the landscaped area shall be at least three feet
(3') wide; 2) for every three (3) linear feet of foundation, an evergreen shrub having a minimum
mature height of twenty four inches (24") shall be planted; and 3) ground cover plants shall be
planted in the remainder of the landscaped area. AGREE
b. Depict a property management office; maintenance storage area; central mailbox location,
including provisions for parcel mail, that provide safe pedestrian and/or vehicular access; and a
directory and map of the development at an entrance or convenient location for those entering
the development as set forth in UDC 11-4-3-27B.7. AGREE
c. All on-site service areas, outdoor storage areas, waste storage, disposal facilities, and transformer
and utility vaults shall be located in an area not visible from a public street, or shall be fully
screened from view from a public street. AGREE
d. Depict additional pedestrian pathways to the north boundary of this site for connection to the
multi-use pathway planned along the south side of the Ten Mile creek [i.e. one from the sidewalk
in front of the eastern apartment building and at least one (1) from the central common area].
AGREE
e. Internal pedestrian walkways 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.
AGREE
f. Parking lot landscaping shall be depicted in accord with the standards listed in UDC 11-3B-8C.
A landscaped perimeter buffer is required along the east boundary; the planting area in planter
islands is required to be a minimum of 5’ measured inside curbs; all planter islands that serve a
single row of parking shall be landscaped with at least one tree and be covered with low shrubs,
lawn or other vegetative groundcover. AGREE
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g. Parking spaces shall be 19’ long x 9’ wide; when a bumper overhangs onto a sidewalk or
landscaped area, the parking stall dimensions may be reduced 2’ in length if 2’ is added to the
width of the sidewalk or landscaped area planted in ground cover per UDC 11-3C-5B.4 or wheel
stops may be provided to prevent vehicle overhang beyond the designated parking stall
dimensions. AGREE
h. Remove the easternmost driveway via W. Cobalt Dr. in accord with UDC 11-3A-3, which limits
access points via collector streets, unless otherwise waived by City Council.
DISAGREE WITH DRIVEWAY REMOVAL. Condition 7 requires cross-access
with the property to the east. Thus, without the “easternmost” driveway, all “cross”
traffic from that property would be forced to use the apartment project’s main
entrance, creating a potential and unnecessary conflict.
REQUEST: Deletion of Condition 3.h—or City Council waiver.
i. Expand the site area to include additional parking for guests in the “notched out” area at the
southeast corner of the site. AGREE
j. Depict berming within the street buffers along the collector streets as proposed with the request
for Alternative Compliance to the standard listed in UDC 11-3A-19B.3a. AGREE
k. Provide a minimum of two (2) bicycle racks for each multi-family building (one at each end) and
in the central common area. AGREE
5. Revise the qualified open space exhibit included in Section VII.C to exclude the area in the collector
street buffers. AGREE
6. All multi-family developments shall record legally binding documents that state the maintenance and
ownership responsibilities for the management of the development, including, but not limited to,
structures, parking, common areas, and other development features as set forth in UDC 11-4-3-27F.
A recorded copy of said documents shall be submitted to the Planning Division prior to
issuance of the first Certificate of Occupancy for the development. AGREE
7. A cross-access easement shall be granted to the adjacent property to the east in accord with UDC 11-
3A-3A.2 via a note on the plat and/or a separate recorded agreement. AGREE, subject to
deletion of Condition 3.h or approval of City Council waiver, as noted above.
8. Prior to any development occurring within the Overlay District, the Applicant is required to submit,
and the City shall review and approve, a floodplain development application which includes the
necessary analysis and documents under MCC Title 10, Chapter 6, including hydraulic and
hydrologic analysis.
DISAGREE. This requirement was not a condition of the first phase of the TM Creek
Apartments which was not in the floodplain. Nor should it be a requirement of Phase 2
inasmuch as this site is not in the floodplain and the hydraulics of Tenmile Creek were
not changed by the Wayfinder Avenue clear-span bridge.
REQUEST: Deletion of Condition 8 as not applicable (see graphics, pages 4 and 5).
9. The site layout and structures shall be designed to comply with the Structure and Site Design
Standards listed UDC 11-3A-19 (except as approved by the Director through Alternative
Compliance), the multi-family residential design standards listed in the Architectural Standards
Manual, and the design guidelines in the Ten Mile Interchange Specific Area Plan except as
approved through Alternative Compliance with this application. The Director approved the
Applicant’s request for Alternative Compliance to 11-3A-19B.3a – The applicant shall provide
berming within the street buffers along the abutting collector streets and garages that back up to the
buffer for screening of the parking areas from the street as proposed. AGREE
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10. The subject property shall be subdivided prior to issuance of any building permits for this site
per requirement of the Development Agreement (Inst. #2016-037777).
DISAGREE. The cited DA, as recorded May 4, 2016, “annexed” the 14.93 TM Creek
East parcel into the original DA governing the development of TM Creek. However,
a subsequent DA amendment (Instrument #2016-073497, recorded August 11, 2016)
allowed approval of one building permit “prior to recordation of a final plat for the
phase in which it is located as approved with H-2016-0067.”
REQUEST: Deletion of Condition 10 as not applicable.
11. A Certificate of Zoning Compliance and Design Review application(s) is required to be submitted to
the Planning Division and approved prior to submittal of building permit applications. AGREE
SEE FEMA FLOODPLAIN GRAPHICS ON FOLLOWING PAGES
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