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TM Crossing Medical Office BLDG CZC A-2019-0039Conditions Document 1 TM Crossing Medical Building - ALT, DES, CZC - A-2019-0039 CERTIFICATE OF ZONING COMPLIANCE REPORT DATE: March 20, 2019 TO: Roberta Stewart FROM: Ryan McKell, Assistant City Planner SUBJECT: TM Crossing Medical Building - ALT, DES, CZC (A-2019-0039) BVA Development OWNER: DESCRIPTION OF APPLICANT'S REQUEST The applicant, Rob Sunderlage, requests Certificate of Zoning Compliance (CZC), Administrative Design Review (DES), and Alternative Compliance (ALT) approval of a 137,650 square-foot, four story medical office building in the Ten Mile Crossing Subdivision on 8.45 acres of land in the C-G zoning district. The site is located at 811 S. Vanguard Way. NOTE: The property is part of an approved TM Crossing preliminary plat however, a subsequent final plat has not been submitted for review and approval by the City. The applicant must obtain approval and record the final plat prior to occupancy of the building. NOTE: The applicant must obtain approval of a property boundary adjustment to ensure the building does not reside on any property lines prior to occupancy of the building. DECISION The applicant's request for Certificate of Zoning 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. Site Conditions of Approval 1. Business hours of operation within the C-G districts shall be limited from 6 am to 11 pm when the property abuts a residential use or district as set forth in UDC 11-2B-3A4. Process Conditions of Approval 1. Per UDC 11-5B-5B2, the Director (at the applicant's request) approved alternative compliance regarding the maximum building height, UDC 11-2B-3. 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. Conditions Document 2 TM Crossing Medical Building - ALT, DES, CZC - A-2019-0039 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 prepared by Horrocks Engineers on 02/08/2019, labeled 1, is approved by the City of Meridian Planning Division as shown in Exhibit B with the following conditions. a) Add a 5-foot concrete walkway shown on eastern portion of the site plan. 6. The landscape plan prepared by Baer Design Group LLC on 2/12/2019, labeled L1.0 and L1.1, is approved by the City of Meridian Planning Division as shown in Exhibit C. 7. The elevations prepared by CTA, labeled A01 and A02, are approved by the City of Meridian Planning Division as shown in Exhibit D. 8. The approved site plan, landscape plan and/or elevations may not be altered without prior written approval of the City of Meridian Planning Division. 9. The applicant shall pay any applicable impact fees prior to the issuance of a building permit. 10. 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. 11. 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 project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site (AZ 12-005, DA #2016-062220, DA #2017-051907, DA #2019-011700, PP 12-003) 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. ALTERNATIVE COMPLIANCE REQUEST 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 maximum building height found in UDC 11-2B-3. Conditions Document 3 TM Crossing Medical Building - ALT, DES, CZC - A-2019-0039 1. The applicant is seeking to increase the maximum building height from 65’ to 69’3”. The applicant is proposing to install additional open space and additional amenities in the form of a 7’ pedestrian pathway along the western and northern portions of the project and a landscaped corner plaza. After reviewing the applicant’s request, staff finds the proposal to install additional open space and additional site amenities in the form of a 7’ pedestrian pathway and a landscaped corner plaza meets the intent of the Unified Development Code and contributes to a cohesive and attractive design of the development. Therefore, the proposed increase in maximum building height is 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 are not feasible; or Staff finds that Finding 1 does not apply due to the fact that the proposed additional open space meets the requirements for Finding 2. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and The Director finds the proposed additional open space and site amenities contributes to the overall design of the development. The proposed pedestrian pathway will contribute to the overall attractiveness and walkability of the commercial center. 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 Director. All requests for review shall be filed in writing with the Planning Division on or before April 24, 2019, 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. Conditions Document 4 TM Crossing Medical Building - ALT, DES, CZC - A-2019-0039 In accord with the above provisions, the subject Certificate of Zoning Compliance is valid until April 9, 2020. EXHIBITS A: Vicinity Map B: Site Plan (dated: 02/08/2019) C: Landscape Plan (dated: 02/12/2019) D: Elevations Conditions Document 5 TM Crossing Medical Building - ALT, DES, CZC - A-2019-0039 Exhibit A: Vicinity Map Conditions Document 6 TM Crossing Medical Building - ALT, DES, CZC - A-2019-0039 Exhibit B: Site Plan (dated: 02/08/2019) Conditions Document 7 TM Crossing Medical Building - ALT, DES, CZC - A-2019-0039 Exhibit C: Landscape Plan (dated: 2/12/2019) Conditions Document 8 TM Crossing Medical Building - ALT, DES, CZC - A-2019-0039 Exhibit D: Elevations