TM Crossing Building 3 Shell & Core - CZC, DES, ALT A-2017-0030Conditions Document
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Brighton Building Shell & Core at TM Crossing - CZC, DES - A-
2016-0304
CERTIFICATE OF ZONING COMPLIANCE
REPORT
DATE:
April 7, 2017
TO:
Jon Wardle, Brighton Corporation
FROM:
Sonya Allen, Associate City Planner
SUBJECT:
TM Crossing Building 3 Shell & Core - CZC, DES, ALT - A-2017-0030
OWNER:
Tom Ahlquist, Gardner Company
DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Tom Ahlquist, Gardner Company, requests Certificate of Zoning Compliance
(CZC) and Design Review (DES) approval of a 5-story 127,000 square foot office building on
6.51 acres of land in the C-G zoning district.
Alternative Compliance is also requested to UDC Table 11-2B-3, as allowed by 11-2B-3A.3d,
which limits the height of structures in the C-G zoning district to 65 feet. The proposed building
is 72 feet tall, which does not include features that are not intended for human occupation (i.e.
the parapet, stairwells, mechanical and electrical roof top enclosure, etc.), which comply with
the height limitations for those items.
The UDC (11-2B-3A.3d) allows additional height to be approved, not to exceed 20% of the
maximum height allowed in the district, when the development provides 10% (or 12,700
s.f./0.29 acre) of the building square footage (127,000 s.f.) in open space, courtyards, patios, or
other usable outdoor space available for the employees and/or patrons of the structures,
excluding required setbacks and landscape buffers. The applicant proposes usable outdoor space
in the form of a pedestrian pathway system throughout all of Brighton’s Ten Mile corridor
holdings that exceeds the 10% required (see Exhibit E).
The site is located at 1120 S. Ten Mile Road.
FINDINGS FOR ALTERNATIVE COMPLIANCE REQUEST TO UDC 11-3A-19.2A:
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
While it’s feasible for the applicant to comply with the height requirements of the
district, the structure the applicant desires to construct is over the maximum height
allowed by 7 feet.
2. The alternative compliance provides an equal or superior means for meeting the
requirements; and
The Director finds the applicant’s proposed alternative compliance of usable open space
in the form of a pedestrian pathway throughout Brighton’s holdings in the Ten Mile
corridor area provides an equal means for meeting the requirements in accord with the
standards listed in UDC 11-2B-3A.3d.
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3. The alternative means will not be materially detrimental to the public welfare or
impair the intended uses and character of the surrounding properties.
The Director finds that the proposed alternative will not be detrimental to the public
welfare or impair the intended use/character of the surrounding properties and will
actually provide a public amenity in the Ten Mile corridor area.
DECISION
The applicant's request for Certificate of Zoning Compliance, Design Review and Alternative
Compliance 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.
General Conditions of Approval
1. 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 materials shall conform to the ISPWC and the
City of Meridian Supplemental Specifications to the ISPWC.
Site Conditions of Approval
1. The concrete pedestrian walkway proposed from the perimeter sidewalk to the
main building entrance needs to be colored or scored concrete per UDC 11-3A-19.
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.
3. Per Council's approval, the applicant shall not be required to tile the following irrigation
facility: Purdam Drain (PP-12-003). The applicant shall tile all other irrigation facilities
as set forth in UDC 11-3A-6A.
4. Prior to issuance of the first Certificate of Occupancy within TM Crossing, the
developer is required to submit a surety to the City for half the cost of a Welcome
to Meridian sign to be placed off-site at the intersection of S. Ten Mile Road and S.
Smithfield Drive on the property to the north, per requirement of the development
agreement (Inst. #114002254).
5. Prior to issuance of a building permit for this structure, a development agreement
modification shall be recorded that allows a building permit to be issued in Phase 2
prior to recordation of the plat (H-2017-0027).
6. The final plat for Phase 2 shall be recorded prior to issuance of Certificate of
Occupancy for this structure.
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 11-5C-3B. A surety agreement may be accepted for other
improvements in accord with UDC 11-5C-3C.
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3. 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.
4. The site plan prepared by Babcock Design Group on February 3, 2017 (stamped 4/6/17),
labeled Sheet CZC, is approved as shown in Exhibit B.
5. The landscape plan prepared by Baer Design Group, LLC on February 1, 2017,
(stamped 4/6/17), labeled Sheet L100 & L101, is approved as shown in Exhibit C.
6. The elevations prepared by Babcock Design Group on February 1, 2017, labeled Sheet
A201 & A202, are approved as shown in Exhibit D.
7. The approved site plan, landscape plan and/or elevations may not be altered without
prior written approval of the City of Meridian Planning Division.
8. The applicant shall pay any applicable impact fees prior to the issuance of a building
permit.
9. 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.
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. If the subject property is part of a final plat that has not yet recorded, the applicant shall
be responsible for all plat improvements prior to release of Certificate of Occupancy for
the first structure within such plat.
12. 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. 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 restricted 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 (CPAM-12-001; AZ-12-005; PP-12-003; H-2016-
0054; H-2016-0099).
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
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landscaping and constructed features within the clear vision triangle consistent with the
standards in UDC 11-3A-3.
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 April 11, 2016, 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
Certificates of Zoning Compliance issued in conjunction with construction or alteration of a
structure shall expire if the 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
March 27, 2017.
EXHIBITS
A. Vicinity/Zoning Map & Overall Site Plan
B. Site Plan (dated: February 3, 2017, stamped 4/6/17)
C. Landscape Plan (dated: February 1, 2017, stamped 4/6/17)
D. Elevations (dated: February 1, 2017)
E. Pathway System Plan
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A. Vicinity/Zoning Map & Overall Site Plan
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INTERSTATE AREA
SAGEWOOD
SUBDIVISION
SCHOOL
PEREGRINE
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TM CREEK
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PARK APARTMENTS
DEBGAR LLC ZONED
- I-L
ZONED
- R-4
ZONED
- R-2
IMPACT AREA
SOUTHRIDGE
SUBDIVISION
PHASE 1
TEN MILE
CROSSING
TM CROSSING
PHASE 2TM CROSSING
FALL
CREEK MEADOWS
FALL
CREEK
SUBDIVISION NO. 1
SOUTHRIDGE
SUBDIVISION
FALL CREEK
SUBDIVISION NO. 2
FALL
CREEK
SUBDIVISIONS
TM CREEK
SUBDIVISION
NO. 01
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B. Site Plan (dated: February 3, 2017, stamped 4/6/17)
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C. Landscape Plan (dated: February 1, 2017, stamped 4/6/17)
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D. Elevations (dated: February 1, 2017)
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E: Pathway System Plan
Note: The solid yellow segments will be phased construction elements as the TM Crossing & TM Creek
projects develop; the yellow dashed segments are to be provided by Treasure Valley Investments when
that project develops. The segment along the Purdam Drain and north toward the Ameriben building
will be constructed with Building 3.