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TM Crossing Office Building (No. 7) CZC, DES, ALT A-2020-0116Conditions Document 1 TM Crossing Office Building No. 7 - ALT, DES, CZC - A-2020-0116 CERTIFICATE OF ZONING COMPLIANCE REPORT DATE: July 6, 2020 TO: Rob Sunderlage, Horrocks Engineers FROM: Stacy Hersh, Assistant City Planner SUBJECT: TM Crossing Office Building No. 7 - ALT, DES, CZC (A-2020-0116) BVASB Ten Mile Phase 2 Building LLC 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 to construct a 5-story 124,070 square foot office building on 4.593 acres of land in the C-G zoning district. The site is located at 2562 W. Excursion Lane. NOTE: The parking lot and associated landscaping/sidewalks were approved with the Ameriben Building Phase 2 Certificate of Zoning Compliance (A-2019-0119). 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. 1. The applicant is seeking to increase the maximum building height from 65’ to 76’4”. The applicant is proposing three (3) areas of additional outdoor open space available for employees and/or patrons to use as shown on the attached landscape plan on Exhibit C. The additional outdoor open space includes two patios and an entry plaza, all of which provide a variety options for employees and patrons. After reviewing the applicant’s request, staff finds the proposal to install additional open space and additional site amenities in the form of two (2) patios and an entry 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. FINDINGS FOR ALTERNATIVE COMPLIANCE: 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 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 Conditions Document 2 TM Crossing Office Building No. 7 - ALT, DES, CZC - A-2020-0116 The Director finds the proposed additional open space and site amenities contributes to the overall design of the development. The proposed patios and entry plaza will contribute to the overall attractiveness and provide a pleasant area for employees and/or patrons to enjoy 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 intended use/character of the surrounding properties. DECISION The applicant's request for Certificate of Zoning Compliance, Administrative Design Review, and Alternative Compliance 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. 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.  Streetlights shall be installed with the any public road improvements. Streetlights will need to be installed and operational prior to occupancy. Streetlight plan requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can be found at, https://meridiancity.org/land/Design%20Standards%20- %20COM%20Adopted%20Final_5-19-16%20-%20CM.pdf Site Conditions of Approval 1. Business hours of operation within the C-G zoning district 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. All ground-level mechanical equipment must be screened to the height of the unit as viewed from the property line; all rooftop mechanical equipment must be screened as viewed from the farthest edge of the adjoining right-of-way. Process Conditions of Approval 1. Per UDC 11-5B-5B2, the Director (at the applicant's request) approved alternative compliance regarding the, 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 3 TM Crossing Office Building No. 7 - ALT, DES, CZC - A-2020-0116 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 June 9, 2020, 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 6, 2020 and May 8, 2020, labeled L1.0 and L1.1, are approved by the City of Meridian Planning Division as shown in Exhibit C with the following conditions:  Details of the trash enclosure shall be included on the plans submitted with the building permit application. 7. The elevations prepared by Cushing Terrell on May 2020, labeled A-01 and A-02, 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. 12. Prior to Certificate of Occupancy, the applicant shall record a cross-access/ingress- egress easement to adjoining properties to the west (R8484000175 and R8484000163) submit copy of said easement to the Planning Division in accord with the provisions of UDC 11-3A-3A2. 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 project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site (CPAM-12-001; AZ-12-005, DA #114002254; PP- 12-003; MDA #2016-062220; FP H-2017-0110; MDA #2017-051907). 3. The issuance of this CZC does not release the applicant from any previous requirements of the other permits issued for the site. Conditions Document 4 TM Crossing Office Building No. 7 - ALT, DES, CZC - A-2020-0116 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 shall have an ongoing obligation to maintain all pathways. 6. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 7. 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. 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 July 21, 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 July 7, 2021. EXHIBITS A: Vicinity Map B: Site Plan (dated: June 9, 2020) C: Landscape Plan (dated: July 6, 2020 and May 8, 2020) D: Elevations (dated: May 2020) Conditions Document 5 TM Crossing Office Building No. 7 - ALT, DES, CZC - A-2020-0116 Exhibit A: Vicinity Map Conditions Document 6 TM Crossing Office Building No. 7 - ALT, DES, CZC - A-2020-0116 Exhibit B: Site Plan (dated: June 9, 2020) Conditions Document 7 TM Crossing Office Building No. 7 - ALT, DES, CZC - A-2020-0116 Exhibit C: Landscape Plan (dated: July 6, 2020 and May 8, 2020) Conditions Document 8 TM Crossing Office Building No. 7 - ALT, DES, CZC - A-2020-0116 Exhibit D: Elevations (dated: May 2020)