TM Crossing Medical Office (Phase 2) CZC DES ALT A-2019-0263Conditions Document 1
TM Crossing Medical Office (Phase 2) - ALT, DES, CZC A-2019-
0263
CERTIFICATE OF ZONING COMPLIANCE
REPORT
DATE:
August 16, 2019
TO:
Roberta Stewart, BVA Development
FROM:
Ryan McKell, Assistant City Planner
SUBJECT:
TM Crossing Medical Office (Phase 2) - ALT, DES, CZC (A-2019-0263)
Brighton Investments LLC and SCS Investments LLC
OWNER:
DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Roberta Stewart, requests Certificate of Zoning Compliance (CZC),
Administrative Design Review (DES), and Alternative Compliance (ALT) approval to construct
a 129,428 square foot, 4 story medical office building and covered parking structures (west side
of the building) in the Ten Mile Crossing Subdivision on 6.83 acres of land in the C-G zoning
district.
The site is located at 939 and 997 S. Vanguard Way.
DECISION
The applicant's request for Certificate of Zoning Compliance, Administrative 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.
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.
2. Prior to issuance of Certificate of Occupancy, the applicant shall remove or relocate any
existing structures that do not conform to setbacks and/or use in the zone.
Process Conditions of Approval
1. Per UDC 11-5B-5B2, the Director (at the applicant's request) approved alternative
compliance regarding the interior parking lot landscaping, UDC 11-3B-8C.
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.
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5. The site plan prepared by Horrocks Engineers on July 12, 2019, labeled 1, is approved
by the City of Meridian Planning Division as shown in Exhibit B.
6. The landscape plan prepared by BAER Design Group LLC on July 12, 2019, labeled
L1.0, is approved by the City of Meridian Planning Division as shown in Exhibit C with
the following changes:
a) The pathway along the west boundary must be 10-feet in width with a minimum of
5-feet of landscaping on the east side per UDC 11-3B-12.
b) The landscape buffer along the north side of W. Navigator Drive must be installed
with this development per UDC 11-3B-8C.
7. The elevations prepared by CTA on July 20, 2019, labeled A01, 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; H-2016-0099).
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 landscape
requirements found in UDC 11-3B-8C.
• The applicant is seeking to provide covered parking in the parking lot on the West side
of the building. Due to the proposed covered parking, trees in landscape islands would
Conditions Document 3
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not be possible. The applicant is proposing to relocate the 4 required trees in parking lot
islands on the West side of the building to the planter adjacent to and West of the
parking lot in order to provide additional screening of the parking lot.
After reviewing the applicant’s request, staff finds the proposal to relocate the 4 required trees
from the parking islands to the planter adjacent to and West of the parking lot meets the intent
of the Unified Development Code and contributes to a cohesive and attractive design of the
development. Therefore, the proposed request for Alternative Compliance 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 relocation of the
trees 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 relocation of the 4 required trees from the parking islands
in the West side parking lot to the planter adjacent to and West of the parking lot
contributes to the overall design of the development. The proposed relocation of the trees
will add additional screening of the West side parking lot and allow the applicant to install
covered parking stalls.
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 August 31, 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.
In accord with the above provisions, the subject Certificate of Zoning Compliance is valid until
August 16, 2020.
Conditions Document 4
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EXHIBITS
A: Vicinity Map
B: Site Plan (dated: July 12, 2019)
C: Landscape Plan (dated: July 12, 2019)
D: Elevations (dated: July 20, 2019)
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Exhibit A: Vicinity Map
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TM Crossing Medical Office (Phase 2) - ALT, DES, CZC A-2019-
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Exhibit B: Site Plan (dated: July 12, 2019)
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TM Crossing Medical Office (Phase 2) - ALT, DES, CZC A-2019-
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Exhibit C: Landscape Plan (dated: July 12, 2019)
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Exhibit D: Elevations (dated: July 20, 2019)