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TM Crossing Phase 1 Development Revision 1 A-2018-0285REVISED Conditions Document 1 TM Crossing Phase 1 – CZC, DES, ALT - A-2018-0285 CERTIFICATE OF ZONING COMPLIANCE REPORT DATE: October 4 October 10, 2018 TO: Tom Ahlquist, BVA Development FROM: Stephanie Leonard, Associate City Planner SUBJECT: Wellness Parking Lot at TM Crossing Phase 1 Development (Wellness Parking Lot, Kristin Armstrong Wellness Center and TM Crossing Retail Building)– CZC, DES (A-2018-0285) Brighton Investments LLC, SCS Investments LLC OWNER: DESCRIPTION OF APPLICANT'S REQUEST The applicant, Tom Ahlquist, requests Certificate of Zoning Compliance (CZC) and Design Review (DES) approval to construct a parking lot containing 95 spaces for two future buildings (Kristin Armstrong Wellness Building and TM Crossing Retail) and temporary overflow parking on 4.03 acres of land in the C-G zoning district. This report also includes CZC and DES approval to construct two future buildings on the site: The Kristin Armstrong Wellness Center and the TM Crossing Retail building. The Kristin Armstrong Wellness Center is proposed to consist of a 10,000 square foot, one-story office shell and core building on 1.10 acres of land. The TM Crossing Retail building is proposed to consist of a 7,500 square foot shell and core building on 0.86 acres of land. The parking lot has been designed to serve the two buildings that are proposed and provide overflow parking. A future development plan depicting the overall design of the parking lot with phase 2 has been included in Exhibit D. Future development includes the reconfiguration of parking stalls along the eastern portion of phase 1 development. The phase 2 parking area, as depicted in Exhibit D, shall require a new CZC and DES application to be submitted to the Planning Division for review and approval. Staff is in the process of reviewing two CZCs for the future buildings proposed for this site. This staff report will be revised to reflect the design of the structures upon completion of review. Prior to issuing approval for the design review of the two buildings, as part of this application, the applicant shall submit an application for Alternative Compliance as set forth in UDC table 11-5B-5 for UDC 11-3B-8C-1b regarding the landscape buffer along the north boundary of the site. (The tasks discussed in this paragraph have been fulfilled but are being left in the revised report to provide context.) The applicant is requesting alternative compliance (ALT) to UDC 11-3B Landscape Requirements due to a conflicting sewer easement to the north. In lieu of seven required trees the applicant is proposing to provide sixteen trees located near the north boundary of the site, as well as a pathway with vegetative groundcover and shrubs. Note: No perimeter landscaping or parking landscape islands are being required along the 32 stalls on the east boundary at this time because the site will be expanded and altered to allow for a different parking lot layout in the 2nd phase of development. Landscaping shall comply REVISED Conditions Document 2 TM Crossing Phase 1 – CZC, DES, ALT - A-2018-0285 with UDC 11-3B-8 at the time of phase 2 development. The site is generally located at the northeast corner of I-84 and S. Ten Mile Road at 904 S. Vanguard Way. DECISION The applicant's request for Certificate of Zoning Compliance, and 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. Process Conditions of Approval 1. Per UDC 11-5B-5B2, the Director (at the applicant's request) approved alternative compliance to UDC 11-3B-8C landscape requirements. See analysis below for more information. 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. 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 for the Wellness Parking Lot prepared by Horrocks Engineers on September 5, 2018, labeled CZC, is approved by the City of Meridian Planning Division as shown in Exhibit B. a. Per Fire Department requirement, a turn-around at the end of the parking lot for fire department apparatus maneuvering shall be included on the site plan submitted for building permit. 6. The landscape plan for the Wellness Parking Lot prepared by Baer Design Group, LLC. on September 5, 2018, labeled L1.0, is approved by the City of Meridian Planning Division as shown in Exhibit C. with the following condition: a. The applicant shall submit an application for Alternative Compliance as set forth in UDC table 11-5B-5 for UDC 11-3B-8C-1b regarding the landscape buffer along the north boundary of the site. REVISED Conditions Document 3 TM Crossing Phase 1 – CZC, DES, ALT - A-2018-0285 7. The Landscape plan for the Kristin Armstrong Wellness Center and TM Crossing Retail buildings prepared by Baer Design Group, LLC. on September 11, 2018, is approved by the City of Meridian Planning Division as shown in Exhibit C. 8. The future development plan prepared by Horrocks Engineers on September 7, 2018 is shown in Exhibit D. 9. The Kristin Armstrong Wellness Center elevations prepared by Babcock Design on September 17, 2018 are approved as shown in Exhibit F. 10. The TM Crossing Retail building elevations prepared by Babcock Design on September 17, 2018 are approved as shown in Exhibit G. 11. The approved site plan, landscape plan and/or elevations may not be altered without prior written approval of the City of Meridian Planning Division. 12. The applicant shall pay any applicable impact fees prior to the issuance of a building permit. 13. 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. 14. 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. 15. 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. 16. 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 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 (AZ-12-005; H-2016-0054). 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 shall have an ongoing obligation to maintain all pathways. 7. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. REVISED Conditions Document 4 TM Crossing Phase 1 – CZC, DES, ALT - A-2018-0285 8. 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. ALTERNATIVE COMPLIANCE REQUEST – UDC 11-3B The applicant has submitted a request for alternative compliance in accord with Table 11-5B-5. UDC Table 11-5B-5 allows an application for alternative compliance for landscape requirements. 1. The applicant is seeking to install buffer landscaping differing from the required one tree per 35 linear feet due to a conflicting sewer easement. The applicant is requesting to deviate from the seven trees required by UDC 11-3B-7C-3b. In lieu of the required trees the applicant proposes to install sixteen trees located near the northern boundary of the site in excess of the minimum tree requirement for the site. The pathway that will be installed at the north boundary of the site will include a variety of shrubs and vegetative ground cover. After reviewing the applicant’s request, staff finds the proposal to install sixteen trees in lieu of the required trees along the north boundary of the site along with shrubbery and vegetative ground cover along the north pathway meets the intent of the Unified Development Code and contributes to a cohesive and attractive design of the development. Therefore, the proposed landscape design and locations are approved. 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 The Director finds that strict adherence of the perimeter landscape buffer requirements is not feasible due to the location and size of the sewer easement. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and The Director finds the proposed alternative plantings including proposed trees, vegetative ground cover and a pathway along the northern perimeter of the site contributes to the overall design of the development and meets the intent of UDC 11- 3B-7C-3b. 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 use/character of the surrounding properties. CITY COUNCIL REVIEW The applicant or a party of record may request City Council review of a decision of the REVISED Conditions Document 5 TM Crossing Phase 1 – CZC, DES, ALT - A-2018-0285 Director. All requests for review shall be filed in writing with the Planning Division on or before October 19 October 25, 2018, 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 October 4 October 10, 2019. EXHIBITS A: Vicinity Map B: Site Plans (dated: September 5 & 17, 2018) C: Landscape Plans (dated: September 5 & 11, 2018) D: Future Development Plan (dated: September 7, 2018) E: Site Details (dated: September 17, 2018) F: Kristin Armstrong Wellness Center Elevations (dated: September 17, 2018) G: TM Crossing Retail Building Elevations (dated: September 17, 2018) H: Alternative Compliance Detail (dated: October 5, 2018) REVISED Conditions Document 6 TM Crossing Phase 1 – CZC, DES, ALT - A-2018-0285 Exhibit A: Vicinity Map REVISED Conditions Document 7 TM Crossing Phase 1 – CZC, DES, ALT - A-2018-0285 Exhibit B: Wellness Parking Lot and Buildings Site Plans (dated: September 5 & 17, 2018) REVISED Conditions Document 8 TM Crossing Phase 1 – CZC, DES, ALT - A-2018-0285 REVISED Conditions Document 9 TM Crossing Phase 1 – CZC, DES, ALT - A-2018-0285 Exhibit C: Wellness Parking Lot and Buildings Landscape Plans (dated: September 5 & 11, 2018) REVISED Conditions Document 10 TM Crossing Phase 1 – CZC, DES, ALT - A-2018-0285 REVISED Conditions Document 11 TM Crossing Phase 1 – CZC, DES, ALT - A-2018-0285 Exhibit D: Future Development Plan – Phase 2 (dated: September 7, 2018) REVISED Conditions Document 12 TM Crossing Phase 1 – CZC, DES, ALT - A-2018-0285 Exhibit E: Site Details (dated: September 17, 2018) REVISED Conditions Document 13 TM Crossing Phase 1 – CZC, DES, ALT - A-2018-0285 Exhibit F: Kristin Armstrong Wellness Center Elevations (dated: September 17, 2018) REVISED Conditions Document 14 TM Crossing Phase 1 – CZC, DES, ALT - A-2018-0285 Exhibit G: TM Crossing Retail Building Elevations (dated: September 17, 2018) REVISED Conditions Document 15 TM Crossing Phase 1 – CZC, DES, ALT - A-2018-0285 Exhibit H: Alternative Compliance Detail (dated: October 5, 2018)