TM Creek East Apartments CZC, DES (A-2019-0324)Conditions Document
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TM Creek East Apartments - DES, CZC - A-2019-0324
CERTIFICATE OF ZONING COMPLIANCE
REPORT
DATE:
February 10, 2020
TO:
SCS TM Creek & SCS Brighton
FROM:
Sonya Allen, Associate Planner
SUBJECT:
TM Creek East Apartments - DES, CZC (A-2019-0324)
OWNER:
SCS TM Creek & SCS Brighton
DESCRIPTION OF APPLICANT'S REQUEST
The applicant requests Certificate of Zoning Compliance (CZC) and Administrative Design Review
(DES) approval to construct a 235 unit multi-family development on 8.3 acres of land in the R-40 zoning
district.
Exceptions to the following design standards in the Architectural Standards Manual are
requested: (see letter from Applicant dated December 20, 2019 in application file for more information)
#R3.30: Accessory structures (i.e. recreation facilities, garages, carports, etc.) are required
to be designed to be compatible with residential buildings. These structures are designed to
complement the main apartment buildings by using modern lines, similar colors and clean
materials and relate to and enhance the lines and massing of the main buildings.
#R3.40: Roof forms are required to be modulated & articulated to create building profile
interest and to reduce the appearance of building mass and scale (applies to public
oriented facades visible from a public street, public spaces and pedestrian environments).
The buildings are jogged to create modulated and articulated roof forms and have different
colors to break up massing and provide interest, which the Applicant believes will enhance the
appearance and building profile as seen from public spaces and pedestrian environments.
An exception is also requested to the design guidelines in the TMISAP which require all buildings
to be designed with clearly delineated bases, bodies and tops (see pg. 3-39 of the TMISAP for more
information). The Applicant believes the proposed design meets and exceeds the intent of the Plan as
the base of the building is defined by brick veneer and each floor is delineated by cantilevered decks
with railings, while the top has clean, modern lines.
The site is located ¼ mile east of South Ten Mile Road and south of West Franklin Road.
Notes: The Director previously approved a 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 (CUP - H-2019-0089).
Alternative Compliance was also approved to UDC 11-3A-19B.3a which states no more than 50% of the
total off-street parking area for the site shall be located between building facades and abutting streets.
Where parking cannot comply with this standard, the UDC requires screening by berms, landscaping
walls, architectural elements, or a combination of these elements is provided to produce an appropriate
buffer adjacent to public spaces and roadways per UDC 11-3A-19B.3f. The Applicant proposed to
provide berming within the street buffers along the adjacent collector streets and garages that back up
to the street buffers with will assist in screening the parking areas from the streets. Due to grading
issues, it isn’t feasible for berming to be provided; therefore, the Applicant now proposes a 6-8’ tall
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evergreen hedge within the collector street buffers in areas where garages aren’t proposed to screen the
parking area from public spaces and roadways.
The property management office, maintenance storage area and mailboxes (including provisions for
parcel mail) required by UDC 11-4-3-27B.7 are all located in the clubhouse as depicted on the
landscape plan.
DECISION
The applicant's request for Certificate of Zoning Compliance, Administrative Design Review and design
standards exceptions are 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. 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.
2. Coordinate with the Police Dept. (Scott Colaianni) on emergency access to the apartment
buildings.
3. 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.
4. Provide a copy of the recorded cross-access easement granted to the adjacent property to
the east to the Planning Division prior to issuance of the first Certificate of Occupancy for
the development; or if depicted on a plat, submit a copy of the recorded plat.
5. The subject property shall be subdivided prior to issuance of Certificate of Occupancy of
the first structure on the site.
6. The Applicant should attempt to construct S. Wayfinder Ave. from W. Cobalt Dr. to S.
Vanguard Way prior to issuance of Certificate of Occupancy of the first structure on the
site.
7. The Applicant should coordinate the completion of Fire Station #6 with obtaining
occupancy of the first structure on the site.
8. Outdoor mechanical equipment and service areas shall comply with the standards listed in
UDC 11-3A-12.
9. Provide traffic calming for pedestrian safety where the multi-use pathway crosses S.
Wayfinder Ave., as allowed by ACHD.
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.
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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.
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 KM Engineering on February 4, 2020, labeled C1.0, C1.1, C1.2 and
C1.3, is approved by the City of Meridian Planning Division as shown in Exhibit B.
5. The landscape plan prepared by KM Engineering on February 4, 2020, labeled Sheets L1.0,
L2.0 and L3.0, shown in Exhibit C, is approved as submitted.
6. The elevations prepared by Curtis Miner Architecture on September 20, 2019, labeled Sheets
A201, A202, A203, and A204, are approved by the City of Meridian Planning Division 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. Prior to Certificate of Occupancy, the applicant shall submit a public access easement for the
multi-use pathway(s) to the Park's Department for approval by City Council and subsequent
recordation.
13. 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 (H-2019-0089 and DA No(s). – 114045759, 2016-037777 and
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2019-073497).
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.
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.
9. The applicant and/or assigns shall have the continuing obligation to meet the specific use
standards for the proposed use as set forth in UDC 11-4-3-27.
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 February 25, 2020,
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 February
10, 2021.
EXHIBITS
A: Vicinity Map
B: Site Plan (dated: February 4, 2020)
C: Landscape Plan (dated: January 31, 2020)
D: Elevations (dated: January 29, 2020)
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Exhibit A: Vicinity Map
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Exhibit B: Site Plan (dated: February 4, 2020)
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Exhibit C: Landscape Plan (dated: February 4, 2020)
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Exhibit D: Elevations (dated: January 29, 2020)
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Exhibit E: Qualified Open Space Exhibit (dated: 1/28/20)