Loading...
TM Creek East Apartments CZC, DES (A-2019-0324)Conditions Document 1 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 Conditions Document 2 TM Creek East Apartments - DES, CZC - A-2019-0324 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. Conditions Document 3 TM Creek East Apartments - DES, CZC - A-2019-0324 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 Conditions Document 4 TM Creek East Apartments - DES, CZC - A-2019-0324 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) Conditions Document 5 TM Creek East Apartments - DES, CZC - A-2019-0324 Exhibit A: Vicinity Map Conditions Document 6 TM Creek East Apartments - DES, CZC - A-2019-0324 Exhibit B: Site Plan (dated: February 4, 2020) Conditions Document 7 TM Creek East Apartments - DES, CZC - A-2019-0324 Conditions Document 8 TM Creek East Apartments - DES, CZC - A-2019-0324 Exhibit C: Landscape Plan (dated: February 4, 2020) Conditions Document 9 TM Creek East Apartments - DES, CZC - A-2019-0324 Conditions Document 10 TM Creek East Apartments - DES, CZC - A-2019-0324 Exhibit D: Elevations (dated: January 29, 2020) Conditions Document 11 TM Creek East Apartments - DES, CZC - A-2019-0324 Conditions Document 12 TM Creek East Apartments - DES, CZC - A-2019-0324 Conditions Document 13 TM Creek East Apartments - DES, CZC - A-2019-0324 Conditions Document 14 TM Creek East Apartments - DES, CZC - A-2019-0324 Conditions Document 15 TM Creek East Apartments - DES, CZC - A-2019-0324 Conditions Document 16 TM Creek East Apartments - DES, CZC - A-2019-0324 Conditions Document 17 TM Creek East Apartments - DES, CZC - A-2019-0324 Conditions Document 18 TM Creek East Apartments - DES, CZC - A-2019-0324 Conditions Document 19 TM Creek East Apartments - DES, CZC - A-2019-0324 Exhibit E: Qualified Open Space Exhibit (dated: 1/28/20)